19970764 Ver 1_Complete File_19971021

;Mate of North Carolina
Department of Environment,
Health and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
A. Preston Howard, Jr., P.E., Director
APPROVAL of 401 Water Quality Certification
Mr. Mike Avery
City of New Bern
Post Office Box 1129
New Bern, NC 28563
Dear Mr. Avery:
�EHNR
October 21, 1997
Craven County
WQC 401 Project #970764
You have our approval, in accordance with the attached conditions, to dredge 3,600 square feet of waters
for the purpose of stabilizing a bulkhead at Union Point Park in New Bern, as you described in your
application dated September 4, 1997. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3112. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Sediment and
Erosion Control, Coastal Stormwater, Non - Discharge and Water Supply Watershed regulations. Also this
approval will expire when the accompanying 404 or CAMA permit expires unless otherwise specified in the
General Certification.
This approval is only valid for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If total
wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required
as described in 15A NCAC 2H .0506 N. For this approval to be valid, you must follow the conditions listed
in 0e attached certification.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611 -7447. This certification and its conditions are
finat and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions, please telephone John Dorney at 919 - 733 -1786.
Sinc -,lY
ton Howard, Jr. P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Washington Field Office
'Washington DWQ Regional Office
Mr. John Dorney
Central Files
ohn Parker, DCM
9707641tr
Division of Water Quality - Non- Discharge Branch
,4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919 - 733 -1786 FAX # [phone]
An Equal Opportunity Affirmative Action Employer - 50% recychxV100/6 post consumer paper

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B:IEC`,'?:.'' �jE7;L STAFF REPORT AND RECOMMENDATIONS
MUST- BE ANSWERED (USE N/A FOR NOT APPLICABLE) * **
97 . PERMIT NO: 00007F4 C6UNTY: CRAVEN VfASXIRMFV N OFFICE
{''I'FY'OF NEST BURN UNION POINT
CL'EAItING PERMIT TYPE: CAMA
nor_ #: SEF 1 51997
';.TZLCD�%1(OM..CDA y. DCM DATB_YRM CDA: 09/04/97
V'FM_tNp_$ui AASIN �p: 030410 STR_IMMX NO: 277101 —(39)
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SOLt'SCOREfiyi): WATER IMPACTED BY.FILL ?: YIN
M3TrGA'PI6N ?:_YfN MITIG6TION_TYPE:
MIT7,GATION_SIZE: DID YOU REQUEST MORE INFO ?o YIN
IS WETLAND RATING SHEET ATTACHED ?: YIN D
3#VE::PRQii6f HANGES /CONDITIONS BEEN DISCW9ED WITH.APPLICANT ?: YIN
RECOMMENDATION (Circle One) ells SSUE/COND DENY

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
A 1991
1. APPLICANT'S NAME: City of New Bern 4
2. LO(:ATION OF PROJECT SITE: Downtown New Bern, at Unio Point Park, confluence of Neuse
and Trent Rivers, in Craven County
Photo Index - 1995: 72 -804 (indexed by T -7) 1989: 3 128 16 (indexed by M -18)
State: Plane Coordinates - X: 2,587,450 Y: 498,450
3. INVESTIGATION TYPE: CAMA/D &F
4. INV- STIGATIVE PROCEDURE: Dates of Site Visit - January 8, 1997
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received - July 28, 1997
Office - Morehead City
6. SITE DESCRIPTION:
(A) Local Land Use Plan - City of New Bern
Land Classification From LUP - Developed/Conservation
(B) AEC(s) Involved: ES, PT, EW
(C) Water Dependent: No
(D) Intended Use: Public Access
(E) Wastewater Treatment: Existing - Municipal water and sewer
Planned - none
(F) 'type of Structures: Existing - Bulkhead, piers, promenade, rip rap
Planned - Replace rip rap
(G) Estimated Annual Rate of Erosion: None
.Source - Site inspection
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED
Ra� CIE IVIEED
COASTAL MANAGEMENT
OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands
Rock rubble below NWL
3600 ft2
(C) Other
Rock rubble above NWL
1200 ft2
(i.lt
(D) Total Area Disturbed: 4800 ft2 3 to r') V -f — v
(E) Primary Nursery Area: No
(F) Water Classification: Trent - SB Sw NSW; Neuse SC Sw NSW Open: No
8. PROJECT SUMMARY: The applicant proposes to excavate approximately 4,800 ft2 of rubble
located aiaterward of existing bulkhead.

RECEIVED
FIELD INVESTIGATION REPORT:
CITY OF NEW BERN /CRAVEN COUNTY
PAGE #2
---------------------------- COASTAL MANAGEMENT
9. NARRATIVE DESCRIPTION:
Project Setting
The City of New Bern is in the process of making improvements to the public
access facility at Union Point Park, located along the waterfront at the confluence of
the Neuse_and Trent Rivers, in New Bern, Craven County. CAMA Major Permit #36-
95 was issued and has been amended to authorize a concrete bulkhead with rock rip toe
protection, new docks, and a concrete promenade... Additional high ground site
improvements were also authorized. The bulkhead, promenade railing, and rip rap
protection have been completed and work on the promenade is underway. The above
permit authorizes only that excavation which is necessary for installation of the
bulkhead and rip rap and via condition #7 specifically excludes "any excavation
` waterward of the approved alignment ". Consequently, this major modification to
Major Permit #36 -95 is being process. Immediately waterward of the existing
bulkhead is a bed of concrete rubble and other rock/brick material. And much of the
material is below the NWL, with an area approximately 60' in length by 8' to 20' in
width does extend above the NWL. According to the applicant, much of the area is
only 1' above the NWL Miscellaneous grasses have volunteered along this section
although there is only a 3" to 4" base of suitable substrate on top of rubble.
The waters of the Trent River are classified SB Sw NSW while the Neuse River
is SC Sw NSW. The project site is listed on the National Register of Historic Places.
Project Description
The applicant proposes to excavate an area waterward of the existing bulkhead
which measures approximately 160' X 30'. The excavation line would extend to the -
1' NWL. Approximately 325 yds3 of material would be removed. A clamshell or
backhoe would be used from high ground to remove the rubble. The material would
be located on trucks and hauled to a disposal site. In those areas where the rip rap was
disturbed, it would be restored as originally permitted. According to the applicant, the
(;xcavation is required for safety and aesthetic reasons.
Anticipated Impacts
The project as proposed would affect approximately 4,800 fF of Estuarine
Waters /Public Trust Areas. There would be short -term and localized increases in
tarbidity levels as a result of the excavation. Impacts to the archaeological and
historical resources due to excavation of the rubble are unknown at this time. And it
could be argued that removal of the rubble would remove an existing hazard to boaters
approaching the permitted docks. Also from a safety perspective, it would eliminate
the option of locals climbing out beyond the promenade railing onto the rubble area.
M. Ted Tyndall - Morehead City Office - August 26, 1997

�•� ate• V
CITY OF NEW BERN
UNION POINT PARK IMPROVEMENTS COASTAL MANAGE&4ENT
APPLICATION FOR MAJOR CAMA PERMIT MODIFICATION
PROJECT DESCRIPTION
CAMA Permit number 36 -95 was issued to the City of New Bern by the N. C. Division of
Coastal Management on March 31, 199f for bulkhead, waterfront promenade, rip -rap
toe protection and site improvements, relocation of the Women's Club Building,
construction of new restroom building, timber public and selective demolition of
pavements and existing structures. The bulkhead, railing,. and rip -rap have been
completed. A modification to the original permit is requested for excavation of
construction debris and waste fill material in front of the new bulkhead. This excavation
is required for safety and aesthetic reasons.
The, work includes removal of approximately 325 cubic yards of debris and fill material
on front of the existing bulkhead at the point area of Union Point Park. Following
completion of the excavation work, the rip -rap toe protection, permitted as part of the
original permit number 36 -95, will be placed in front of the bulkhead.
PROJECT IMPLEMENTATION PLAN
The work included in the modification will be completed as soon as the permit is
approved. Contractors will be working at the site during the months of may through
July completing construction of the timber piers and the concrete promenade. The
excavation will be completed by those contractors as soon as the modification is
approved. The remainder of the work under the original permit will be implemented in
phases as described in the original permit application..

Form DCM -MP -1
a �EIVED
IO
N ,
PLI
CAT .
AP ..
(To be completed by all applicants)
COASTAL MANAGEMENT
b. City, town, community or landmark
New Bern
1. APPLICANT .
c. Street address or secondary road number
_ Front Street and Tryon Palace Drive
a. Landowner:
d. Is proposed work within city limits or planning
Name. City of New Bern jurisdiction? X Yes No
Address P • 0. Box 1129
City _Vew Bern State 'NC
Zip _'- -8563 Day Phone[phone]
Fax —x)19- 636 -2146
b. Authorized Agent:
Name _
Mr. Mike Avery, City of New Bern
Address; . P. 0- Box 1129
City New Bern
State NC
Zip 28563 Day Phone [phone]
Fax a 9- 636 -2146
e. Name of body of water nearest project (e.g. river,
creek, sound, bay) T ren t R i ver and . Neu se R i ve
3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead, pier, and
excavation and /or filling activities.
Excavation of debris and landfill i..r
material at front of new bulkhead
b. Is the proposed activity maintenance of an existing
project, new work, or both? new work
C.
C. Project .acme (if any) Union Point Park Improvements
d.
NOTE: Peru will be issued in name of lmidowee N, and /or
project name.
2. LOCATION OF PROPOSED
PROJECT
a. County _ Craven
Revised 03/95
Will the project be for public, private or commercial
use? pub] is
Give a brief description of purpose, use, methods of
construction and daily operations of proposed
project. If more space is needed, please attach
additional pages. Regional public water
access park

Form DCM -MP -1
4. LAND AND WATER
CHARACTERISTICS
a. Size of entire tract 7.2 acres
b. Size of individual lot(s)
n/a
c. Approximate elevation of tract above MHW or
NWL Avg. 5 feet_ above NGVD
d. Soil type(s) and texture(s) of tract
Variable fill material,.silty sand
e. Vegetation on tract lawn, trees and schrubs
f. Man-made features now on tract paved parking
and bulkhead
g. What is the CAMA Land Use Plan land
classification of the site? (Cbnsuit the local land use ptan.)
Conservation
X Developed
Rural
Transitional
Community
Other
h. How is the tract zoned by local government?
C -2 Commercial
i. Is the proposed project consistent with the applicable
zoning? X Yes No
(Attach zoning rnnPlicnce certificate, if applicable)
j. Has a professional archaeological assessment been
done for the tract? Yes X No
If yes, by whom?
k. Is the project located in a National Registered
Historic District or does it involve a National
Re�gister listed or eligible property?
(
Yes No
1. Are there wetlands on the site? Yes X No
Coastal (marsh) Other
If yes, has a delineation been conducted?
(Attach docunutuadon, if available)
Revised 03195
ni: Describe existing wastewater treatment facilities.
City of New Bern system
n. Describe location and type of discharges to waters
of the state. (For example, surface runoff, sanitary
wastewater, industrial /commercial effluent, "wash
down" and residential discharges.) Permitted
direct discharge and surface runoff
o. Describe existing drinking water supply source.
City of New Bern system
5. ADDITIONAL INFORMATION
In addition to the completed application form, the
following items must be submitted:
• A copy of the deed (with state application only) or
other instrument under which the applicant claims title
to the affected properties. If the applicant is not
claiming to be the owner of said property, then
forward a copy of the deed or other instrument under
which the owner claims tide, plus written permission
from the owner to carry out the project.
• An accurate, dated work plat (including plan view
and cross - sectional drawings) drawn to scale in black
ink on an 8 1/2" by 11" white paper. (Refer to
Coastal Resources Commission Rule 7J.0203 for a
detailed description.)
Please note that original drawings are preferred and
only high quality copies will be accepted. Blue -line
prints or other larger plats are acceptable only if an
adequate number of quality copies are provided by
applicant. (Contact the -U.S. Army Corps: of
Engineers regarding that agency's use of larger
drawings.) A site or location map is a part of plat
requirements and it must be sufficiently detailed to
guide agency personnel unfamiliar with the area to the

Form 1. DC1K -MP -1 R1 E ``'
site. Include highway or secondary road (SR)STALMAMPnelvIlEfff
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
• A Storrs awater Certification, if one is necessary.
• A list of the names and complete addresses of the
adjacent waterfront (riparian) landowners and
signed return receipts as proof that such owners
have received a copy of the application and plats
by certified mail. Such landowners must be advised
that they have 30 days in which to submit comments
on the proposed project to the Division of Coastal
Management. Upon signing this form, the applicant
further certifies that such notice has-been provided.
Name _ See attachment A
Address _
Phone
Name
Address
Phone
Name _
Address _
Phone _
• A list of previous state or federal permits issued for
work on the project tract. Include permit numbers,
permittee, and issuing dates.
#4292. Issued 4 -24 -92
#3695 Issued 3 -31 -95
• A check for $250 made payable to the Department of
Environment, Health, and Natural Resources
(DEHNR) to cover the costs of processing the
application.
• A signed AEC hazard notice for projects in
oceanfront and inlet areas.
• A statement of compliance with the N.C.
Environmental Policy Act (N.C.G.S. 113A - 1 to
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement
documenting compliance with the North Carolina
Environmental Policy Act.
Revised 03195
TO ENTER ON LAND
I understand that any permit issued in response to this
application will allow only the development described in
the application. The project will be subject to conditions
and restrictions contained in the permit.
I certify that to the best of my knowledge, the proposed
activity complies with the State of North Carolina's
approved Coastal Management Program and will be
conducted in a manner consistent with such program.
I certify that I am authorized to grant, and do in fact,
grant permission to representatives of state and federal
review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
permit application and follow -up monitoring of the
project.
I further certify that the information provided in this
application is truthful to the best of my knowledge.
This is the ZZd day of , 19 _112-7.
Print Name L
Signature
L4ndowner or Authorized Agent
Please indicate attachments pertaining to your proposed
project.
X DCM MP -2
Excavation and Fill Information
DCM MP -3
Upland Development
DCM MP-4
Structures Information
DCM MP -5
Bridges and Culverts
DCM MP-6
Marina Development
NOTE: Please sign and date each attachment in the
space provided at the bottom of each form.

Fo "rm DC M -MP -2
EXCAVATION 4
AN D FILL
COASTAL MA AGF%4ENT
(Except bridges and culverts)
Iv'
Attach this form to Joint Application for CAMA Major
Permit, Form DCM -MP -1. Be sure to complete all
other sections of the Joint Application that relate to this
proposed project.
Describe below the purpose of proposed excavation or
fill activities. All values to be given in feet.
Revised 03195
1. EXCAVATION
i t,
J d
it
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 300 c . y .
b. Type of material to be excavated Construction
debris and variable fill material
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d. Highground excavation in cubic yards �5=
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area of f s i to C &D landfill
b. Dimensions of disposal area n/a
c. Do you claim title to disposal area?
Yes X No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?
-;
a
.
o� �3
•
r
r
.�
r
'
to
r
Revised 03195
1. EXCAVATION
i t,
J d
it
a. Amount of material to be excavated from below
MHW or NWL in cubic yards 300 c . y .
b. Type of material to be excavated Construction
debris and variable fill material
c. Does the area to be excavated include coastal
wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
d. Highground excavation in cubic yards �5=
2. DISPOSAL OF EXCAVATED
MATERIAL
a. Location of disposal area of f s i to C &D landfill
b. Dimensions of disposal area n/a
c. Do you claim title to disposal area?
Yes X No
If no, attach a letter granting permission from the
owner.
d. Will a disposal area be available for future
maintenance? Yes No
If yes, where?

Form DCM -MP -2
e. Does the disposal area include any coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
f. Does the disposal include any area in the water?
Yes No
3. SHORELINE STABILIZATION
a. Type of shoreline stabilization
Bulkhead Riprap
b. Length
c. Average distance waterward of MHW or NWL
d. Maximum distance waterward of MHW or NWL
e. Shoreline erosion during preceding 12 months
(Source of information)
f. Type of bulkhead or riprap material
g. Amount of fill in cubic yards to be placed below
water level
(1) Riprap
(2) Bulkhead backfill
h. Type of fill material
i. Source of fill material
4. OTHER FILL ACTIVITIES
(Excluding Shoreline Stabilization)
a. Will fill material be brought to site?
X Yes No
Revised 03/95
If yes,
(1) Amount of material to be placed in the
water
(2) Dimensions of fill area
(3) Purpose of fill
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
Yes No
If yes,
(1) Dimensions of fill area
(2) - Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site
and erosion controlled? Excavated material
will be loaded to trucks for hauling
and disposal at time of excavation
b. What type of construction equipment will be used
(for example, dragline, backhoe, or hydraulic
dredge)?
Clamshell and /or backhoe
c. Will wetlands be cr3ssed in transporting equipment
to project site? Yes X No
If yes, explain steps that will be taken to lessen
environmental impacts.
City of New Bern. Union Point Park
Applican or Project Namel Im ovemen s
ignature 4 .
- .6-IS -7
Date

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Modification to CAMA Permit P. 0. , Box 1 12 9
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May 20, 1997 New Bern, N. C. 28563
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FORMAN ENG NEER8. P.A.
3410 HDaa� S9ssl, 0"0. N.C. 17607
[phone] fa [phone]
Union
Modification
Point
Park Improvements
to CAMA Permit
Typical Section
City of New Bern
No
39
Thru Excavation
P , Y 0. Box I 12 9
May
20,
1997
Scale: As Shown
New Bern) N, C. 28563
Sheet
4A,
July 3 ) 1 9 9 7
Vertical Datum; NGVD 1 9 2 9
Craven County