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HomeMy WebLinkAbout32828_CITY OF NEW BERN_20020924❑ CAMA / ❑ DREDGE & FILL r� GENERAL PERMIT Previous peri it # DNew ❑Modification ❑Complete Reissue ❑Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC ❑ Rules attached. Applicant Name o Iv6":) L�F`r Address City Phone # (,)_ Authorized Agent Affected D CW AEC(s): D OEA D PWS: ORW: yes/ no State/'',.Y-. ZIP ;�)6`` Fax # (, ) DEW D PTA DES D PTS D HHF D IH D UBA D N/A D FC: PNA yes / no Crit. Hab. yes / no Type of Project/ Activity Pier (dock) length Platiorm(s)_ Finger piers) Groin length number Bulkhead/ Rip avg distz max dist Basin, channe cubic ya Boat ramp _ Boathouse/ B, Beach Bulldo: Other 1 c Shoreline Len SAV; ni Sandbags: n4 Moratorium: Photos: Waiver Attacl Project Location: County Street Address/ State Road/ Lot #(s) Subdivision City ZIP Phone # (,) River Basin Adj. Wtr. Body (nat /man /unkn) Closest Maj. Wtr. Body (Scale: ) A building permit may be required by: ❑ See note on back regarding River Basin rules. Notes/ Special Conditions 0� Agent or Applicant Printed Name Signature *'* Please read compliance statement on back of permit Application Fee(s) Check# Permit Officer's Signature Issuing Date ` Expiration Date Local Planningf urisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that [)prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2) a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certify that this project is consistent with the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules F_] Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth Citi District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) www.nccoastaimanagement.net Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 10/05/01 Ri ers .�_ v 1�ss®Clates, Engineers Planners September 24, 2002 Surveyors Ms. Tracey Wheeler Coastal Management Field Representative Division of Coastal Management NCDENR Hestron Plaza 151-B Highway 24 Morehead City, NC 28557 Subject: Trent Woods Vacuum Sewer / Wilson Creek Crossing Dear Ms. Wheeler: The City of New Bern is proposing the installation of a vacuum sewer collection system to serve the Town of Trent Woods. The project is designed to collect wastewater from the Trent Woods area and transport it to an existing collection main in the City of New Bern where it will then be sent to the Wastewater Treatment Plant for treatment. This request for a CAMA General Permit on behalf of the City of New Bern is for the portion of the collection system proposed to cross Wilson Creek. The proposed creek crossing is to be an aerial crossing with the collection main situated upon piles. Please find enclosed the following items necessary to satisfy the General Permit requirements: 1. Certified Mail receipts of project notifications from adjacent landowners, 2. Letter from DWQ stating the City of New Bern's WWTP will be able to handle the additional wastewater flow, 3. Check from the City of New Bern in the amount of $100.00, 4. One (1) set of 11x17 plans of the proposed creek crossing. On behalf of the residents of the Town of Trent Woods and the City of New Bern, Rivers and Associates, Inc. would like to thank you for your assistance in the permitting of this project. If you have any questions of comments regarding the proposed project please feel free to contact me at 252-752-4135. Sincerely, Dan Shabeldeen Project Manager Enclosures CC: File a David Muse, PE, City of New Bern w t, P:/Muni/NewBern/TrentWoods/Permits/1tr092402TWheeler. doc 107 East Second Street, Greenville, NC 27858 • Post Office Box 929 • Greenville, NC 27835 • (252)752-4135 • FAX (252)752-3974 E-mail: rivers@riversandassociates.com PAY TO THE ORDER OF s 0 Rivers &Associates, /I ac. ENGIN EERS/PLANNERS/SURVEYORS GREENVILLE, NC 27835 THE SUM OF ONE HUNDRED DOLLARS 00/100 ONLY NCDENR 225 Green Street, Suite 714 Fayetteville, NC 28301 BRANCH BANKING AND TRUST COMPANY GREENVILLE, NC 27858 66-112-531 09/24/2002 DATE 113000 7 56o 611' i:0 5 3 10 11 2 0"d 5 2 1482 308 I'll 1 75606 $100.00 AMOUNT RIVERS AND ASSOCIATES, INC. O r 11 V, CoFirzom ��; ��''l r�i f�,1 �� ��,'fir fir'BRIM, 1 � ..,�.� f�, �,�� �, �%� r ,�� ,�� ��,� f� �r BR/DG,,� ; If elf IJLJLmxao - Since Engineers 1918 planners Surveyors 107 East Second St, Greenville, N.C. 27858 (252) 752-4135 TREN T WOODS VA CUUM SEWER SYSTEM FIGURE I SCALE: 1" = 50' - - -._._— __ - - --. ----- -- -- -- -_ .- 5 IPPRC -lMA TE - - - - - -._�- EX/ST. GUARDRAIL � -------- --- -- --(IN -FRONT) -- - --- r MST BRIDGE ���-- (I FRONT) Wilson — `� _-- - ----- Road U 10 = 90 _____-__ DED/CIV ED IV EAAC VALHE PROPOSED 1 VACUUM N 6.00- 5 I co I;. EXIST.- 6 \ _...- _ ._____ 29-F wAJER _I_ i'VC.__. DIP �_ri —__ _. —___—. _ - - i_1_ Cis- i _ _.__128—. 10, \ P4 L 62 42:75 23+50 24+00 24+50 25+00 25+50 26+00 26+50 27+00 27+50 28+00 28+50 29+00 29+50 30+00 30+50 31 R0MA n TREN T WOODS VA CUUM &`ociates, SEWER SYSTEM Engineers Since 1918 Planners FIGURE 2 Surveyors SCALE. 107 East Second St » ' HORIZONTAL 1 = 50 Greenville, N.C. 27858 �� 752-4135 VERTICAL 1" = 5' (252) 15 PPR XIMA TE ---- --- •--------..—...— Ea7ST. GUARDRAIL— __-- EAI T. BRIDGE � — --_ _._ —. ---- Fl? ON � 1 (I T) __.--------- __ � �-- Wilson_ Point 10 -mac A - PROPOSED 10 "VACUUM N 6.00 Mj ' I , i�//i � -- _ i \ _.. —\— —I - -- - --_- -- CD ,.1.- r .-- - -- — .. —_—__— - .— _ — EXIST. 6 --- - -- I I — WA t; PL4 PA -10 :75' 23+50 24+00 24I+50 25+00 25+50 26+00 26I+50 27+00 27+50 28+00 28+50 29+00 29+50 30+00 30+50 'L 0V T REIT WOODS VACUUM � F�3o��ate6, SEWER SYSTEM Since • �IllIleers 19113 Planners FIGURE 2 Surve ors Y 107 East second St. SCALE: HORIZONTAL 1" = 50' Greenville, N.C. 2'71350 (252) 752-4135 VERTICAL 1" = 5' ♦ t , t It CVJ CNI ` \ \ ♦ \ \ \ n. VCIO1 �`\ ♦ \ \\ ♦ ♦ \ ♦ 4111.\ SIIII CHECK ,. ��1 ZZ ��Z ZZ` ZZZ ZZ`t ZZ�, Z1t Z��1Z ♦`\ \\♦-`♦\ EAICCM 10'\OFF EOP\�\Z _�1� .. 1IVll�/ �\ 1PROPOl. �?'` ,V��GU�IM r1&I27+00 Z 1_—_• ' I ` 1Q„ p/ONS VALVE P/r� 1 I I I i / / Lei. -��- • ..... .r.-.mwO+G m'>r7a.FY F, —:'Y�7.{ �, ;- -` r° { i- _ .. ,, ._..__.e„o �_. / w. == ,-_=,�-x�1_=_ �� �! r—( �C (1 ' —�~' f`�_—f- ^-_-�- --� -��i f / / � r i (�III�j��{ f•✓,�(L=�/�a (f; 11�\ \\\ � / ,/- � 7���_� r � f) r� �r rr (r �IB 7' p�IDGEf� fr r�•�l �' ��� \' �\�, . � � ,-�- l�r r� r� / f ( r� f r eel IF If �r� f jf1 ��( ��� rr� ��� ��� rr • r rJ , r; , (� f �)rrr �r� �'r� �'r� ( ,;; ; ;; ; , 1\ TREV T W SEWS' F -\N A 7'F Michael F. Easley, Governor 0 9 William G. Ross Jr., Secretary `�� pG North Carolina Department of Environment and Natural Resources 15Alan W. Klimek, P.E. Director > DLUa ti Division of Water Quality Q 't September 18, 2002 Mr. Ben E. Williams Rivers & Associates, Inc. 107 East Second Street Greenville, NC 27858 Subject: Trent Woods Vacuum Sewer Project Craven County Dear Mr. Williams: Mr. Roger Thorpe has asked that I respond to your letter of September 11, 2002 regarding the subject matter. In brief, Rivers & Associates are presently designing a sewer collection system for Trent Woods, which is to connect to the City of New Bern's wastewater treatment system. However, the City of New Bern is presently under a Special Order by Consent, which restricts the volume of additional wastewater that the town can except into its system. Upon the completion of the new wastewater treatment plant the acceptance will not be an issue, but at the present it is a very big issue. The City of New Bern presently does not have adequate capacity to receive the estimated 776,180 gpd from Trent Woods. Any application for a permit to construct a collection system tributary to New Bern should propose " that no wastewater will become tributary to the City of New Bern until the City's new wastewater plant is completed and in compliance with it's effluent limits". A condition in the construction permit to that affect would be acceptable with the applicant. If I can be of any further assistance I can be reached at 252-946-6481. Sincerely, A, L. Al Hodge, nvi mental Engineer Division of Water Quality Washington Regional Office N C nivicinn of WfitP.r Quality 1617 Mail Rervira CPntAr Raleinh NC 976QQ-1817 !Q1 Q1 733-7ni s 4V SIV. r111Rtnm Pr iP.rvICP C SENDER:c o ■Complete Items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. !� .I a1siSh10 iC e v y following serviCesn ■Print your name and address on the reverse of this form so that we can return this card to you, extra fee): I also wish to receive the d■Attach this form to the front of the mailpiece, or on the back if permit. space does not 1. E3 Addressee's Address y r ■ Write'Return Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the date 2 ❑Restricted Delivery to c o delivered. Consult postmaster for fee. .- a CL 3. Article Addressed to: Alc) �, 4w) 8 Ae IIL Aj J r_ 4a. Article Number Tory .3 (TLO%o C OIAF a 7 d U 0 Ud �U2 4b. Service Type ❑Rciteistered Certified � w Z ��❑ ❑ Express Mail Insured c�C ❑ Express Mail ❑Insured El Return Receipt for Mer ndse COD N Return Receipt for Mer andi ❑COD Date of Delivery v 7. Date of Delivery `o cc � 5. Received By: (Print . arne) 8. Addressee's Address (Only if requested o -Y w i�l)Q and fee is paid) r`o c6. Signatu : (Addressee or Age X X m _ PS Fo 11 3811, D cember 1994 Domestic Return Receipt % Diu -V11 w. PS Form 3811, Dedember 1994 IDomestic Return RAraint SENDER: v y ■ Complete items 1 and/or 2 for additional services. ■Complete Items 3, 4a, and 4b. I also wish to receive the y ■Print your name and address on the reverse of this form so that we can return this following services (for an card to you. extra fee): ■Attach this form to the front of the mailpieoe, or on the back if space does not permit. 1. ❑Addressee's Address 01 y ■Write'Retum Receipt Requested' on the mailpiece below the article number. ■The Return Receipt will show to whom the article was delivered and the dale 2 El Restricted Delivery delivered. fn c C - 3. Article Addressed to: Consult postmaster for fee. a /FIs- F- c4, 4a. Article Number Q ID 76* 3S� Vii, j'/G7�dG 0 c') j r, � / 4b. Service Type ❑ Registered 2( Certified 5 ¢ rn w Q /� w ,r..� / v ��� ❑ Express Mail ❑Insured El Return Receipt for Mer ndse COD N a7. ir^, ir Date of Delivery v 5. Received By: (Print Name) 8. Addressee's Ad re s (Onl if requested 0 I ¢ and fee is paid) ,`o e 6. Signature: (Addressee or Agent) H X m _ PS Fo 11 3811, D cember 1994 Domestic Return Receipt CED cep Z 3 -?nno �1"�3T�' � Y11 + R��C�LZN Rrc'rrryr rz>+ nrrr�T;",p )DIVISION OF COASTAL MANAGEMENT ADJACENT MPARfAN PROP ,'RTY OWNER NOTIFICATION/WAIVED FORM Name of Individual applying for Permit: Town of Trent Woods Address of Property: Trent Wood Drive Wilson Creek Crossing (Lot or Struve 1!, Street or Road, City &; County) I Elcrcby certify that I own property adjacent to the above referenced property. The Individual applying for this permit. has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this ) letter. _ 1 have no objcctlons to thisP roposaI, Jf you have objections to what is heron proposed, please write the DiYlsiolZ of Coastal h1"ana9er11e11t, tfeSlmrt Plaza 11, 151-13, 1.11vy, 24, Morehead City, NC, 28557 or call (252) 808- 2808 within 10 clays of receipt of'tlus notice, No response is considered 1118 Sarna as ren objection if YOU have been noted by Cerlijed Mail. WAI VER SECTION I understand that a pier, dock, mooring pilings, breakwater, boat house, lift orsandbags must be set back a minimum distance of 15' from my area, of riparian access unless waived by me. (Ifyou w.I� to waive; the setback, you must initial the appropriate blank below.) -,.—I do wish to waive -the 15' setbacl( requlrcment, do not wish to waive the 15` setback requirement, Signature � Date . P e4 4—sv --fillok— Pirtt Name / Telephone Number With Arca Code Sep -27-02 09:03A Jim O'Daniel 252-636-5583 P_01 ` .11 , Fax 333v To: Ms. Sherry Wheeler ATT'n. From: Jim O'Daniel FAX: 252-636-5583 VOICE: 252-636-5509 400 West Wilson Creek Drive New Bern, NC 28562-7540 Total Pages Trasmitted Including Cover 1 Please call for facsimile transmittal failure. Comments Sep -27-02 09:03A Jim O'Daniel 252-636-5583 P_02 i James S. O'Daniel, Jr. 400 West Wilson Creek Drive Trent Woods, NC 28562-7540 September 27, 2002 Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, NC 28557 ATTENTION: Ms Sherry Wheeler Dear Ms. Wheeler: Mr. Norman Kellum just informed me of your intent to destroy one of the most beautiful scenic residential areas in North Carolina. I can't imagine who could come up with such a distasteful idea of running a sewer pipe over Wilson Creek ten(10) feet adjacent to the Wilson Creek Bridge. I am sure you have alternatives such as burying this pipe under the Wilson Creek bottom. Many years ago the residents of Trent Woods worked diligently with the North Carolina Department of Transportation to design and construct an acceptable replacement for the old wooden curved bridge. We worked with great detail to maintain height for boat passage and to keep the rails non commercial and low for viewing of the beauty of Wilson Creek.. My hope is that many of these same people will be working with you and others to prevent this unthinkable action to happen. I want to go on record of strongly opposing this "Aerial Sewer System" to be place over Wilson Creek in the heart of Trent Woods, NC. 09/26/02 0:40 TEL X01 Norman B. KaUum )ohn T Briggs Respond To: Russell L. Necdell New Bern Office )_ Kevin Jones Douglas B.)ohnson ATTORNEYS AT LAW B. Christopher Uanirk FACSIMILE TRANSMISSION DATE: 9-26-2002 TO: Sherry FAX NO. 252/247-3330 FROM: From the Desk Norman Kellum CONTENTS: Letter Division of Coastal Management NUMBER OF PAGES (Including Cover Page): 3 IF YOU DO NOT RECEIVE ALL PAGES CALL ASAP (252) 633-2550 THIS TRANSMISSION FROM FAX NUMBER (252) 672-0536 The information contained in this facsimile transmittal is confidential and intended only for the person(s) named above. If the reader of this message is not the person named above please see that the addressee receives this transmittal as soon as possible. If you have received this transmittal in error PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONE and return the facsimile transmittal in its entirety to the above address by U.S. Mail, THANK YOU FOR YOUR COOPERATION! 219 Broad Street - PO, Box 866 - New Bern, North Carolina 28563 - 252/6334550 - Fax 25Z/633-4623 445•Q Western Boulevard - P0. Box 12155 - Jacksonville, North Carohna 28546 - 910/455-4546 - Fax 910/455-2422 205 S.W. Greenville Boulevard - Suite 100 - P.O. Box 20727 - Greenville, North Carolina 27858 - 251/353.4100 , Fax 252/353-8754 2005 E. Ash Street - Suite C - P.O. Box 1085 - Goldsboro, North Carolina 27533 - 919/722.6955 - Fax 919/722.6922 224 Fairview Road - P0. Box Z08Z - Rocky Mount, North Carolina 27802 - 252/442.3975 - Fax 252/442.7309 09/26/02 03:40 TEL Norman B. Kellum John T Brigg6 Rueceil L Needell J. Kevin Jones Douglas B. Johnson B. Christopher Danich September 26, 2002 Division of Coastal Management Hestron Plaza 11, 151-B Highway 24 Morehead City, NC 28557 ATTENTION: Ms. Sherry Wheeler Dear Ms. Wheeler: 12102 Respond To: New Bern Office I strongly object to the proposed design and placement of the sewer line above Wilson Creek as shown on the drawings sent with the recent mailing. Some of my objections are as follows: Sewage spill; Wilson Creek is a navigable waterway. Many vessels of all sizes come into the creek from the Trent River. During storms, vessels seek shelter in the creek to "ride out the storm." As the creek rises a greater danger is created because a breakaway vessel could get lodged under the pipe and fracture it as it rises or fracture it by pounding same. A raw sewage spill could result. A cleanup would cost hundreds of thousands of dollars. The exposed pipe will create a tempting target for pranks and vandals The homes in the Trentwoods/Wilson Creek area are on some of the most valuable residential land in the county. To have an exposed sewage pipe traversing Wilson Creek will bring numerous complaints as well as the potential reduction of surrounding property values. En 'n,� eering: Is this the best an engineering firm can do to handle this crossing or is this the cheapest solution? When the Neuse River was recently crossed with a sewage line, the City of New Bern put the pipe under the ever bed. Why is your design above ground/water? Is cost the over-riding 219 Broad Street - P.O. Box 866 - New Bern, North Carolina 28563 - 252/633.2550 - Fax 252/633-4623 445-Q Western Boulevard , P0. Box 12155 • Jackionville, North Carolina 28546 - 910/455-4546 - Fax 9101455.242Z 205 S.W. Greenville Boulevard , Suite 100 - P.O. Box 20727 - Greenville, North Caroline 27858.252/353.4100 , Fax 252/353.8754 2005 1 Ash Street • Suite C • P0, Bos 1085 • Goldsboro, North Carolina 27533 - 919/722.6955 • Fax 919/722-6922 224 Fairview Road • P0. Box 2002 - Rocky Mount, North Carolina 27802 - 25Z/442.3975 • Fax 252/442.7309 09/26/02 09:40 TEL factor? 4. Aesthetics: photogenic scenery. Wilson Creek bridge has appeared in the local newspaper on at least one occasion - When it was built to replace the wooden structure, the residents met with the engineers to discuss the design in an attempt to preserve the quaintness and serene beauty of the creek and the bridge. The present bridge was built with that presentation in mind. This sewage pipe design destroys that effort and the result of much hard work. 5. Condemnation of property: This design reduces the value of the adjacent properties and amounts to a taking of property without compensation. 6. Other points will be presented later_ mn B "Kellum Trentwoods Drive Bern, NC 28562 Z0a 109/25/02 01:06 TEL R] 01 Norman & Kellum John T. Briggs Respond To: Ru5ccll L. Needell New Bern Office J. Kevin Jones Elm Douglas B. Johnson ATT OR N E Y S AT LAW B. Christopher Darnels FACSIMILE TRANSMISSION DATE: Se tember 25 2002 TO: Sherry liAX NO. 252/247-3330 FROM: From the Desk of Norman Kellum CONTENTS: Property Owner Notification/Waiver NUMBER OF PAGES (Including Cover Page): 2 IF YOU DO NOT RECEIVE ALL PAGES CALL ASAP (252) 633-2550 THIS TRANSMISSION FROM FAX NUMBER (252) 672-0536 The information contained in this facsimile transmittal is confidential and intended only for the person(s) named above. If the reader of this message is not the person named above please see that the addressee receives this transmittal as soon as possible. If you have received this transmittal in error PLEASE NOTIFY THE SENDER IMMEDIATELY BY TELEPHONE and return the facsimile transmittal in its entirety to the above address by U.S. Mail. THANK YOU FOR YOUR COOPERATION! 219 Broad Street - P.O. Box 666 - New Bern, North Carolina 18563 - 252/633.2550 - Fax 252/633.4623 445-Q Western Boulevard - P,O. Box 12155 • Jacksonville, Torch Carolina 28546 - 910/455-4546 • Fax 910/455.2422 205 S.W. Greenville Boulevard • Suite 100 • P.O. Box 20727 - Greenville, North Carolina 27858.252/353.4100 - Fax 252/353.6754 2005 E. Ash Street • Suite C • P.O. Box 1085 • Goldsboro, North Carolina 27533 • 919/722.6955 • Fax 919/722-6922 224 Fairview Road • P.O, Box 2082 - Rocky Mount, North Carolina 27802 - 252/442.3975 - Fax 252/442-7309 f 09/25/02 01:06 TEL 002 u :_ I M 3 V1 ] '.Ae§ ► 1 J J Y 1 DIVISION OF COASTAL MANAGEMENT ADJACENT TUPA.RIAN PROPERTY OWNER NOTIFICATION/ WAIYLRFORM Natne of individual applying for permit: Town of Trent Woods Address of Property. Trent Wood Drive Wilson Creak Qrgas�iajz (Lot or Swot #, Strwl or Road, City & County) I hereby certify that I own property adjacent to the above referenced property. The Individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. I lions to ft proposm —14 �f you have objections to what is being proposed, please write the Division of Coastal Management, Higirvn plasms 11,151-B, flivy, 24, Morehead City, NC, 28551 or call MP -8- 12808 wltUn 10 days of receipt of dus nortee. No response is considered the Fame as no objection if you have been notified by Ce119fed Mail. WAIVER SECTION I undcrata.nd that a pier, dock, mooring pilings, breakwater, boat house, lift or sandbags must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the sctbaek, you must initial the appropriate blank belo%#.) —I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement, '2 5 0�- z -Zlr l Pr nt Nares 15 Telephone Number ith Arca Code � 3 �r- -2- FROM : ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:26AM P1 NEWWN Fax Name: Organization: Fax: Phone: From: Date: Subject: Pages: ,f"ecl T�r1GiCtI CC a S 4� 1 AAn na3e m en -4 05Q- -,=)y-7-333U Jo/y /0a Tier -14 woGc -, 13 Comments: [Comments] 13 FROM : ENGINEERING ARD— DAVI$ cu ATTORNEYS AT LAW Po DRANVLR 142V NEW BERN. NC 38563 PHONE NO. : 252 672 5152 RESOLUTION Oct. 04 2002 09:27AM P2 NEW BERN: BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF That the Trent Woods Sewer Collection System Agreement between the City of New Bern and the Town of Trent Woods, a copy of which is attached hereto and incorporated herein by reference, be and the same is hereby approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same for and on behalf of the City. ADOPTED THIS WA- DAY OF JUNE, 2002. M OR ;T4CLE Page 1 of I FROM ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:27AM P3 STATE OF NORTH CAROLINA. TRENT WOODS SEWER COUNTY OF CRAVEN COLLECTION SYSTEM AGREEMENT THIS TRENT WOODS SEWER COLLECTION SYSTEM AGREEMENT ("Agreement"), is made and entered as of the &' aay of June, 2002, by and between the CITY OF NEW BERN ("City"), a North Carolina municipal corporation, and the TOWN OF TRENT WOODS ("Trent Woods"), a North Carolina municipal corporation, collectively referred to as the "Parties." WITNESSETH: THAT WHEREAS, the City and Trent Woods have investigated the feasibility of the City's constructing a sewer collection system for Trent Woods and connecting said system to one of the City's waste treatment facilities; and WHEREAS, the City agrees to finance the construction of said sewer collection system with an installment loan, and Treat Woods agrees to reimburse the City an amount equal to the City's installment loan obligation; and WHEREAS, the Parties have determined that it will be in the best interest of both Trent Woods. and the City to proceed with the development and construction of a sewer collection system for Trent Woods in accordance with the provisions hereof. NOW, THEREFORE, it is mutually agreed as follows: 1. Definitions 1.1. Certain terms having specific definitions are used in this Agreement, and these terms and definitions, unless the Context clearly indicates to the contrary, are as set forth in this Section 1. The defined terms appearing in this Section are set forth in the Agreement in the exact capitalized form as they appear between the quotation marks. When the same term is used in this Agreement with the meaning as assigned herein, it shall appear in the identical capitalized form. Otherwise, the meaning shall be as used in the context of the sentence in which it appears and not necessarily that as defined herein. Agreement. 1.1.1. "Agreement" — means this Trent Woods Sewer Collection System Page 1 of 11 FROM : ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:28AM P4 1.1.2. "City" — means the City of New Bern, a municipal corporation duly established and existing pursuant to the laws of the State of North Carolina. 1.1.3. "Completion Date" means the first day of operation of the System. 1.1.4. "Construction Contract" — means the construction contract for the construction of the System. 1.1.5. "Crayton Sewer System" — means the sewer collection system originally installed by Trent Utilities, Inc. presently serving residents of Trent Woods and now owned and operated by the City. 1.1.6. "Crayton Sewer System Supplemental Sewer Connection Deposit" — means Seventy -Six Thousand Five Hundred Sixty Dollars ($76,560.00) to be deposited with the City upon closing of the Installment Loan, such amount being Two Hundred Ninety Dollars ($290.00) multiplied by two hundred sixty-four (264) (the number of presently remaining future users of the Crayton Sewer System as provided in the Sewer System Transfer Agreement between Trent Utilities, Inc. and the City made and entered into as of the 28th day of January, 1997). 1.1.7. "Installment Loan" — means the loan obtained by the City to finance the construction of the System together with the reimbursed expenses to Trent Woods identified in Sections 2.1 and 2,2 and funds required by the City to fund the Crayton Sewer System Supplemental Sewer Connection Deposit. 1.1.8. "Plans"— means the detailed project plans and specifications prepared by Rivers and Associates, Inc. for the construction of the System. the System. 1.1.9. "Project Engineer" —means Rivers and Associates, Inc. 1.1.10. "Sewer Connection Fee" — means the sum paid to the City to connect to 1.1.11. "Sewer Service Charge" — means those fees charged by the City to Trent Woods Sewer Customers for the provision of sewer services to such customers. 1.1.12. "System" — means the unified system of pipes, conduits, pumping stations, force mains, and appurtenances for collecting and transmitting water -carried human wastes and other wastewater from residences, businesses, or other buildings. It also shall include the rights-of-way, casements, and land parcels acquired to accommodate such pipes, conduits, pumping stations, force mains, and appurtenances. Page 2 of 11 FROM : ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:29AM P5 1.1.13. "Trent Woods" — means the Town of Trent Woods, a municipal corporation duly established and existing pursuant to the laws of the State of North Carolina. 1.1.14. "Trent Woods Sewer Customers" — means those customers served by the System or by the Crayton Sewer System. 2. Pre -Construction Phase 2.1. Prior to the construction of the System, Trent 'Woods shall pay the City the sum of Eight Thousand Dollars ($8,000.00) to apply toward the City's legal fees associated with the preparation of the Agreement and toward the City's engineering fees associated with updating the System cost estimates. Upon closing of the installment Loan, the City shall include the sum of Eight Thousand Dollars ($8,000.00) in the Installment Loan and refund said suns to Trent Woods. If Trent Woods terminates this Agreement for any reason prior to closing of the Installment Loan, the City shall refund to Trent Woods any unused portion of the funds Trent 'W'oods paid to the City pursuant to this Section 2.1. The Parties acknowledge that Trent Woods previously has paid the City the sum of Eight Thousand Dollars ($8,000.00) to satisfy its obligation under this Section 2.1. 2.2. Prior to the construction of the System, Trent Woods shall pay the City the sum of Seventy Thousand Dollars ($70,000.00) to apply toward the City's mapping expenses associated with the planned construction of the System. Upon closing of the Installment Loan, the City shall include the sura of Seventy Thousand Dollars ($70,000.00) in the installment Loan and refund said sum to Trent ''W'oods. 2.3. Upon execution of this Agreement and prior to preparation of the Plans, the parties shall obtain the approval of the Local Government Commission ("LOC") for the Installment Loan arrangement between the Parties. 2.4. Once the LGC has approved the Installment Loan arrangement between the Parties and the Plans are complete, the City shall competitively bid a fixed price contract to construct the System according to the Plans with input and approval from Trent Woods. 2.5. Once the Plans arc complcte, the City shall negotiate the Installment Loan on competitive terms with input and approval from Trent Woods. The Installment Loan shall be in an amount equal to the actual cost to construct the System (including all change orders to the Construction Contract, accrued interest, and cost of any related rights-of-way, easements, and Page 3 of 11 FROM : ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:29AM P6 land parcels) together with the reimbursed expenses to Trent Woods identified in Sections 2.I and 2.2 and funds required by the City to fund the Crayton Sewer System Supplemental Sewer Connection Deposit. 2.6. Trent Woods may terminate this Agreement at any time prior to closing of the Installment Loan by advising the City in writing of such termination. Should Trent Woods so terminate this Agreement, Trent Woods shall pay the City within thirty (30) days of the termination date for all System costs incurred during the pre -construction phase. 3. Construction Phase 3.1. The construction phase of the System shall commence upon the City's receipt of an executed Notice to Proceed, a copy of which is attached hereto as Exhibit A. 3.2. Upon receipt of the Notice to Proceed, the City shall construct the System consistent with the Plans. The City agrees to make a good faith effort to complete construction within the period of time provided in the Construction Contract and subject only to permissible delays as provided therein. 3.3. The City shall consult with Trent Woods prior to authorizing change orders to the Construction Contract as recommended by the Project Engineer. 3.4. The construction cost of the System shall be paid from proceeds of the Installment Loan. 4. Payment for System 4.1. Trent Woods shall pay the City an amount equal to the City's obligations under the Installment Loan on the same terms as provided in the installment Loan so that the City does not advance any funds to meet the Installment Loan obligation Except for payments made from the Crayton Sewer System Supplemental Sewer Connection Deposit as provided in Section 6.1 of this Agreement. 4.2. In the event Trent Woods fails to make payments to the City as required in Section 4.1 causing the City to make an unreimbursed payment, Trent Woods hereby consents to the City's charging City water service customers located in Trent Woods an additional monthly service fee to be calculated as follows: (1) Amount of unreimbursed payment; divided by (2) Number of months covered by unreimbursed payment; divided by (3) Number of then existing City water service customers located in Trent Woods Page 4 of i 1 FROM : ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:30AM P7 Example Calculation: (1) Unreimbursed payment = $30,000 (2) Months covered by payment = 3 $30,000 / 3 = $10,000 per month (3) Number of Trent Woods water users = 800 $10,000 per month / 800 users = $12.50 additional monthly charge The Parties agree that the Sale and Purchase Agreement between the Parties dated November 14, 1989 hereby is amended to provide for the additional potential water service fees established in this Section 4.2. 43_ Any default by Trent Woods may be cured at any time. Once a default is cured, the City shall cease charging City water service customers located in Trent Woods an additional monthly service fee as provided in Section 4.2. 4.4. Should Trent Woods proceed with the construction phase, and in consideration for the City's providing sewer collection and treatment service to Trent Woods, Trent Woods agrees to waive its right to receive the sum of Fifty Thousand Dollars ($50,000.00) per year for eight (8) years from the City as required by Paragraph 4(b) of the Sale and Purchase Agreement between the Parties dated November 14, 1989. Upon receipt 'of the Notice to Proceed, the Parties shall amend said Sale and Purchase Agreement to delete Paragraph 4(b) in its entirety. 5. Sewer Connection and Service 5.1. From and after the Completion Date, the City shall provide sewer collection and treatment services to any property in Trent Woods connected to the City's water system within ninety (90) days following the request of the resident or occupant of such property for services and payment of the. appropriate Sewer Connection Fee and shall provide such services continuously thereafter upon payment of the appropriate Sewer Service Charge. The obligations of the City pursuant to this Section 5.1 are subject, however, to providing such services only during such period of time that the City is under no federal or state mandate to deny connections and then only to the first one thousand seven hundred (1,700) potential Trent Woods Sewer Customers who request service and pay the applicable Sewer Connection Fee. Thereafter, the provision of such services shall be subject to the City's then -current treatment capacity. Page 5 of 11 FROM ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:31AM P8 5.2. Upon request for service and payment of the applicable Sewer Connection Fee, the City shall install at the property line of the Trent Woods Sewer Customer an appropriate connection line and related facilities for sewer collection. The Trent Woods Sewer Customer shall be responsible for the purchase and installation of a connection line to such customer's residence, business, or other building. 5.3. Trent Woods Sewer Customers shall be subject to the same service regulations as are applicable to server service customers residing or occupying property in the City. 6. Sewer Connection Fees 6.1. The City shall charge Trent Woods Sewer Customers Sewer Connection Fees for City water service customers having a water line diameter of no greater than three-quarters (3/4) of an inch according to the following schedule: Payment Period (1) After the effective date of this Agreement and before the Completion Date (2) On the Completion Date and for a period of one (1) year thereafter (3) For a period of five (5) years thereafter (4) Thereafter Sewer Connection Fee $1,500.00 $1,750.00 $3,500.00 Then -existing "Out -of - City" Fee In addition, for each sewer connection made to the Crayton Sewer System during the payment period provided in subparagraph (1) above, the City shall charge Trent Woods a supplemental sewer connection fee of Two Hundred Ninety Dollars ($290.00) and for each sewer connection made to the Crayton Sewer System during the payment period provided in subparagraph (2) above, the City shall charge Trent Woods a supplemental sewer connection fee of Forty Dollars ($40.00), all of which supplemental sewer connection fees shall be deducted by the City from the Crayton Sewer System Supplemental Sewer Connection Deposit. As of the expiration of the payment period provided in subparagraph (1) above, the Crayton Sewer System Supplemental Sewer Connection Deposit shall be reduced to an amount equal to Forty Dollars ($40.00) multiplied by the number of then -remaining future users of the Crayton Sewer System as provided in the Sewer System Transfer Agreement between Trent Page 6 of 11 FROM : ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:31AM P9 Utilities, inc. and the City made and entered into as of the 28th day of January, 1997 and as of the expiration of the payment period provided in subparagraph (2) above, the Crayton Sewer System Supplemental Sewer Connection Deposit shall be reduced to Zero Dollars ($00.00), all such reductions to be made by payments made by the City in reduction of the then -outstanding balances of the Installment Loan. 6.2. With respect to all other potential Trent Woods Sewer Customers, the City shall charge Sewer Connection Fees consistent with the City's "Out -of -City" Sewer Connection Fee Schedule, a copy of which is attached hereto as Exhibit B. 6.3. Payment of Sewer Connection Fees shall be by cash, check, money order, or execution of a promissory note in favor of the City providing for payment without interest in twelve (12) equal consecutive monthly installments. 6.4. Treat Woods Sewer Customers paying Sewer Connection Fees prior to the Completion Date shall have ninety (90) days from the Completion Date to establish an active sewer account with the City. Any Trent Woods Sewer Customer failing to establish an active sewer account with the City within such ninety (90) day period may request a refund of said customer's Sewer Connection Fee or apply the initial Sewer Connection Fee to the Sewer Connection Fee existing as of the date of any subsequent sewer connection request. 6.5. Trent Woods Sewer Customers paying Sewer Connection Fees subsequent to the Completion Date shall have ninety (90) days from the payment date to establish an active sewer account with the City. Any Trent Woods Sewer Customer failing to establish an active sewer account with the City within such ninety (90) day period may request a refund of said customer's Sewer Connection Fee or apply the initial Sewer Connection Fee to the Sewer Connection Fee existing as of the date of any subsequent sewer connection request. 7. Sewer Service Charges 7.1. The City shall charge Trent Woods Sewer Customers Sewer Service Charges according to the following schedule: Number of Trent Woods Sewer Customers Monthly Sewer Service Charge (1) Less than 800 200% "In -City" Rates (2) 800, but less than 1,200 150% "In -City" Rates (3) 1,200 or more 135% "In -City" Rates 7.2. At any time on or before the Completion Date, Trent Woods may reduce or "buy - down" the monthly Sewer Service Charge provided in Section 6.1 by paying the City the sum of Page 7 of I I FROM ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:32AM P10 One Hundred Thousand Dollars ($100,000.00) for each 1.5% reduction in the Sewer Service Charge up to a maximum reduction of 20%. 7.3. Increases in Sewer Service Charges to Trent Woods Sewer Customers shall be limited to the service charge differentials established in Section7.1 based upon related increases in "In -City" sewer service rates. Under no circumstance shall the City increase the Sewer Service Charge for Trent Woods Sewer Customers without increasing the City's standard "In - City" sewer service rate. 8. Documents Records Drawings and Specifications 8.1. The City shall provide to Trent Woods at its request copies of any and all documents, records, drawings, and specifications relating to the construction of the System. 9. Full Faith and Credit 9.1. The obligations of Trent 'Woods under this Agreement are supported by the full faith and credit of the municipality. 10. Grants 10.1. Trent Woods shall be responsible for applying for any grants regarding the construction of the System. 10.2. Any grant funds Trent Woods receives for the construction of the System shall be applied consistent with the terms of said grants and shall reduce the amount of the Installment Loan accordingly. 10.3. Even though the City will not apply for any grants regarding the construction of the System, any grant funds the City receives for the construction of the System shall be applied consistently with the terms of said grants and shall reduce the amount of the Installation Loan accordingly. 11. Miscellaneous 11.1. This Agreement sets forth the full understanding of the City and Trent Woods with regard to the System; and all prior negotiations and understandings with regard to the same are merged herein. 11.2. If any of the provisions of this Agreement shall be held by a court of competent jurisdiction to be unconstitutional or unenforceable, the decision of such court shall not affect or impair any of the remaining provisions of this Agreement; and the Parties shall, to the extent they deem to be appropriate, take such actions as are necessary to correct any such Page 8 of 11 FROM ENGINEERING PHONE NO. : 252 672 5152 Oct. 04 2002 09:32RM P11 unconstitutional I� tional or unenforceable provision. It is hereby declared to be the intent of the Parties that this Agreement would have been approved and executed had any such unconstitutional or unenforceable provision been excluded herefrom. 11.3. This Agreement shall be enforceable by each party hereto by all remedies available at law or in equity, including but not limited to specific performance. Failure or delay to exercise any right, remedy, or privilege hereunder shall not operate as a waiver of such right, remedy, or privilege nor prevent subsequent enforcement thereof. In the event that it becomes necessary to enforce this Agreement by any remedy, the party against whom enforcement is sought hereby waives any defense of sovereign immunity. 11.4. Each party agrees that from and after the date of execution hereof, each will, upon the request of the other, execute and deliver such other documents and instruments and take such other actions as reasonably may be required to carry out the purpose and intent of this Agreement. 11.5. This Agreement shall be executed by the Parties in duplicate originals, each of which, when executed, shall constitute one and the same Agreement, and one of which shall be retained by each party. 11.6. This Agreement shall be governed in accordance with the law of the State of North Carolina 11.7. It is specifically understood and agreed between the Parties that every obligation assumed herein by each party is subject to the limitation "to the extent that it may legally do so," with the understanding that each party believes that it may legally do everything that it has obligated itself to do by this Agreement. IN TESTIMONY WHEREOF, the CITY has caused this instrument to be executed in its corporate name by its Mayor and its corporate seal to be affixed and attested by its City Cleric, and TRENT WOODS has caused this instrument to be executed in its corporate name by its Mayor and its corporate seal to be affixed and attested by its Town Clerk, all as of the day and year first above written. Page 9 of 11 FROM : ENGINEERING qT.ITY CLER ATTEST: TOWN CLE K NORTH CAROLINA CRAVEN COUNTY PHONE NO. : 252 672 5152 Oct. 04 2002 09:33AM P12 CI TOWN OF TRENT WOODS i, By MAYOR I,DotwnE--4dler , a notary public in and for said county and state, do hereby certify that on the _ /I fh day of �_e. , 2002, before me personally appeared T. A. BAYLISS, III, with whom I am personally acquainted, who, being by me duly sworn, says that he is the Mayor and that VICKIE H. JOHNSON is the City Clerk of the City of New Bern, the municipal corporation described in and which executed the foregoing instrument; that he knows the common seal of said municipal corporation; that the seal axed to the foregoing instrument is said common seal; that the name of the municipal corporation was subscribed thereto by the said Mayor; that the said common seal was affixed, all by order of the Board of Aldermen of said municipal corporation; and that the said instrument is the act and deed of said municipal corporation. WITNESS my hand and notarial seal, thisImo_ day of '3Zkn e. , 2002. ��. PSN,• ., �<�'•.,h O'CA� •• 9 NOTARY PUBLIC Ivry commission expires:ju 10 IJ E: 1' r � P • 11 • ` • "9 Page 10 of 11 FROM : ENGINEERING NORTH CAROLINA rvn�s 9N COUNTY PHONE NO. : 252 672 5152 Oct. 04 2002 09:34AN P13 1' n.0 um , a notary public in and for said county and state, do hereby certify that on the /D % day of , 2002, before me personally appeared MICHAEL A. GORMAN, with whom I am personally acquainted, who, being by me duly sworn, . says that he is the Mayon and that TINA C. WOOLARD is the Town Clerk of the Town of Trent Woods, the municipal corporation described in and which executed the foregoing instrument; that he knows the common seal of said municipal corporation; that the seal affixed to the foregoing instrument is said common seal; that the name of the municipal corporation was subscribed thereto by the said Mayor; that the said common seal was affixed, all by order of the Board of Comunissioners of said municipal corporation; and that the said instrument is the act and deed of said municipal corporation. WITNESS my hand and notarial seal, this /d1,41 da w Y of j ne .,,,_, 2002. My commission expires: Q`3 NB MAYN\482099\2\Word2000 Page 11 of 11 NOTARY BO Re: [Fwd: Trptwoods Sewer] .-- Subject: Re: [Fwd: Trentwoods Sewer] Date: Fri, 04 Oct 2002 10:01:02 -0400 From: Ted Tyndall <Ted.Tyndall@ncmail.net> Organization: NC DENR DCM To: Doug Huggett <Doug.Huggett@ncmail.net> CC: Donna Moffitt <Donna.Moffitt@ncmail.net>, Jessica Gill <Jessica.Gill@ncmail.net>, Steve Underwood <Steve.Underwood@ncmail.net>, Charles S Jones <Charles.S.Jones@ncmail.net>, Tracey Wheeler <Tracey.Wheeler@ncmail.net> Hey Everyone - Wanted to inform you on what this guy is complaining about to keep it from "blowing up" on us. The City of New Bern signed an agreement with the Town of Trent Woods to install a Sewer Collection System. We were contacted by the contractor - Rivers & Associates, Inc. - in regards to the permitting of the structure over Wilson Creek. They are proposing to place the sewer line on its own piling supports some 10' from the bridge. It would not impact navigation, the esturarine system, etc. and met the criteria for a GP. We received objections from the two adjacent riparian property owners essentially objecting on the basis of aethetics, property value deterioation, potential for spills, etc. One objection was received within 10 days and one was not. Another third party objected after the permit was issued. We evaluated the one objection that was received in time, determined that the project was consistent with the pertinent regulations and issued a permit over that objection. The second objection was not received within 10 days, thus we went forward with the permit. I still wrote him a letter to all three saying that we considered their objections, determined that the project was consistent and that they could file a request for a third party appeal. Mr. La Vigne is incorrect in his assumption that the Town has not offered any letter of approval for the project. This office has a signed Trent Woods Sewer Collection System Agreement between the City of New Bern and the Town of Trent Woods. It was signed by both Mayors and both City and Town Clerks on June 10 and 11, 2002. I hope this sheds some light on his emails and telephone messages. In his calls to this office, he has been very rude to at least three employees. It has been unacceptable behavior to have to put up with. let me know if you need more information. Thanks, Ted T. Doug Huggett wrote: Subject: Trentwoods Sewer Date: Thu, 3 Oct 2002 16:36:11 -0400 From: "Dave" <dplavigne@earthlink.net> To: <doug.huggett@ncmail.net> I have just spoken with Mr Tyndal at the Morehead City CAMA office regarding the recent permit 1 of 2 10/4/02 10:04 AM Re: [Fwd: Trentwoods Sewer] r" .. approved for the WilsonCreek bridge sewer pipe. I am shocked to see that Rivers and Assocaites has written a letter for New Bern requesting the approval of the Trentwoods sewer project and that the town of Trentwoods has not offered any letter of approval for the project. Nor has Mr Tyndal requested that the town submit a letter of approval. At the same time Mr Tyndal has the objection of both property owners and it is clear and reasonable to assume that many others as well as the town will and would object. Dave La Vigne F. Bruce Sauter & Associates, LLC 2301 Excutive Park West Greenville, NC27834 dglavigneCa.earthlink.net 252-758-7000 ext 13 252-758-4762 cell 252 349-2655 Ted Tyndall District Manager Division of Coastal Management (telephone) 252-808-2808 (fax) 252-247-3330 M. Ted Tyndall <Ted.Tyndall ,ncmail.net> 2 of 2 10/4/02 10:04 AM e� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 2, 2002 Ms. Patsy P. Finch 4901 Trent Woods Drive New Bern, NC 28562 Dear Ms. Finch: This correspondence is in reference to your September 20, 2002 objection letter to the recent vacuum sewer collection system proposal by the City of New Bern. The project is located over Wilson Creek in the Town of Trent Woods, in Craven County, North Carolina. The Town proposes to install a 230' long 10" vacuum sewer line over Wilson Creek. The sewer line would be located adjacent to the bridge and on separate support piles located some 10' off the existing bridge. It appears that your objections are based on your opinion that the project would affect the aesthetics of the area as well as adversely affecting the value of your property. The North Carolina Division of Coastal Management has given your objections careful consideration but has determined that the project is consistent with the pertinent regulations of the Division. Therefore, on September 24, 2002, the Division issued CAMA General Permit #32828-C for installation of the sewer line. If you wish to appeal this permit decision, you may file a request with the Director of the Division of Coastal Management, Department of Environment and Natural Resources within 20 days of the permit decision. If you have any questions regarding this matter, please don't hesitate to contact me at my Morehead City Office (252-808-2808). Sincerely, M. Ted Tyndall District Manager Enclosure cc: Charles Jones - Assistant Director, DCM Tracey Wheeler - Field Representative, DCM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper ALi� � RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 2, 2002 Mr. James S. O'Daniel, Jr. 400 West Wilson Creek Drive Trent Woods, NC 28562-7540 Dear Mr. O'Daniel: This correspondence is in reference to your September 27, 2002 objection letter to the recent vacuum sewer collection system proposal by the City of New Bern. The project is located over Wilson Creek in the Town of Trent Woods, in Craven County, North Carolina. The Town proposes to install a 230' long 10" vacuum sewer line over Wilson Creek. The sewer line would be located adjacent to the bridge and on separate support piles located some 10' off the existing bridge. It appears that your objection is based on the project adversely affecting the aesthetics of the area. The North Carolina Division of Coastal Management has given your objections careful consideration but has determined that the project is consistent with the pertinent regulations of the Division. Therefore, on September 24, 2002, the Division issued CAMA General Permit #32828-C for installation of the sewer line. If you wish to appeal this permit decision, you may file a request with the Director of the Division of Coastal Management, Department of Environment and Natural Resources within 20 days of the permit decision. If you have any questions regarding this matter, please don't hesitate to contact me at my Morehead City Office (252-808-2808). Sincerely, M. Ted Tyndall District Manager Enclosure cc: Charles Jones - Assistant Director, DCM Tracey Wheeler - Field Representative, DCM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper VA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 2, 2002 Mr. Norman B. Kellum, Jr. P.O. Box 942 New Bern, NC 28563 Dear Mr. Kellum: This correspondence is in reference to your September 25 and 26, 2002 objection letters to the recent vacuum sewer collection system proposal by the City of New Bern. The project is located over Wilson Creek in the Town of Trent Woods, in Craven County, North Carolina. The Town proposes to install a 230' long 10" vacuum sewer line over Wilson Creek. The sewer line would be located adjacent to the bridge and on separate support piles located some 10' off the existing bridge. It appears that your objections are based on the potential for a spill, on the project adversely affecting the aesthetics and property values of the area as well as on the engineering of the project. The North Carolina Division of Coastal Management has given your objections careful consideration but has determined that the project is consistent with the pertinent regulations of the Division. Therefore, on September 24, 2002, the Division issued CAMA General Permit #32828-C for installation of the sewer line. If you wish to appeal this permit decision, you may file a request with the Director of the Division of Coastal Management, Department of Environment and Natural Resources within 20 days of the permit decision. If you have any questions regarding this matter, please don't hesitate to contact me at my Morehead City Office (252-808-2808). Sincerely, M. Ted Tyndall District Manager Enclosure cc: Charles Jones - Assistant Director, DCM Tracey Wheeler - Field Representative, DCM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper Ar—WA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 2, 2002 Ms. Patsy P. Finch 4901 Trent Woods Drive New Bern, NC 28562 Dear Ms. Finch: This correspondence is in. reference to your September 20, 2002 objection letter to the recent vacuum sewer collection system proposal by the City of New Bern. The project is located over Wilson Creek in the Town of Trent Woods, in Craven County, North Carolina. The Town proposes to install a 230' long 10" vacuum sewer line over Wilson Creek. The sewer line would be located adjacent to the bridge and on separate support piles located some 10' off the existing bridge. It appears that your objections are based on your opinion that the project would affect the aesthetics of the area as well as adversely affecting the value of your property. The North Carolina Division of Coastal Management has given your objections careful consideration but has determined that the project is consistent with the pertinent regulations of the Division. Therefore, on September 24, 2002, the Division issued CAMA General Permit #32828-C for installation of the sewer line. If you wish to appeal this permit decision, you may file a request with the Director of the Division of Coastal Management, Department of Environment and Natural Resources within 20 days of the permit decision. If you have any questions regarding this matter, please don't hesitate to contact me at my Morehead City Office (252-808-2808). Sincerely, M. Ted Tyndall District Manager Enclosure cc: Charles Jones - Assistant Director, DCM Tracey Wheeler - Field Representative, DCM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled \ 10% Post Consumer Paper A'riA WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 2, 2002 Mr. James S. O'Daniel, Jr. 400 West Wilson Creek Drive Trent Woods, NC 28562-7540 Dear Mr. O'Daniel: This correspondence is in reference to your Septefber 27, 2002 objection letter to the recent vacuum sewer collection system proposal by the City of New Bern. The project is located over Wilson Creek in the Town of Trent Woods, in Craven County, North Carolina. The Town proposes to install a 230' long 10" vacuum sewer line over Wilson Creek. The sewer line would be located adjacent to the bridge and on separate support piles located some 10' off the existing bridge. It appears that your objection is based on the project adversely affecting the aesthetics of the area. The North Carolina Division of Coastal Management has given your objections careful consideration but has determined that the project is consistent with the pertinent regulations of the Division. Therefore, on September 24, 2002, the Division issued CAMA General Permit #32828-C for installation of the sewer line. If you wish to appeal this permit decision, you may file a request with the Director of the Division of Coastal Management, Department of Environment and Natural Resources within 20 days of the permit decision. If you have any questions regarding this matter, please don't hesitate to contact me at my Morehead City Office (252-808-2808). Sincerely, M. Ted Tyndall District Manager Enclosure cc: Charles Jones - Assistant Director, DCM Tracey Wheeler - Field Representative, DCM 151-B Hwy. 24, Hestron Plaza ll, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement,net An Equal Opportunity \ Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 2, 2002 Mr. Norman B. Kellum, Jr. P.O. Box 942 New Bern, NC 28563 Dear Mr. Kellum: This correspondence is in reference to your September 25 and 26, 2002 objection letters to the recent vacuum sewer collection system proposal by the City of New Bern. The project is located over Wilson Creek in the Town of Trent Woods, in Craven County, North Carolina. The Town proposes to install a 230' long 10" vacuum sewer line over Wilson Creek. The sewer line would be located adjacent to the bridge and on separate support piles located some 10' off the existing bridge. It appears that your objections are based on the potential for a spill, on the project adversely affecting the aesthetics and property values of the area as well as on the engineering of the project. The North Carolina Division of Coastal Management has given your objections careful consideration but has determined that the project is consistent with the pertinent regulations of the Division. Therefore, on September 24, 2002, the Division issued CAMA General Permit #32828-C for installation of the sewer line. If you wish to appeal this permit decision, you may file a request with the Director of the Division of Coastal Management, Department of Environment and Natural Resources within 20 days of the permit decision. If you have any questions regarding this matter, please don't hesitate to contact me at my Morehead City Office (252-808-2808). Sincerely, M. Ted Tyndall District Manager Enclosure cc: Charles Jones - Assistant Director, DCM Tracey Wheeler - Field Representative, DCM 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer —50% Recycled 110% Post Consumer Paper G. Richard Staunch 106 Virginia Lane Trent Woods, NC 28562-7540 September 28, 2002 Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, NC 28557 i ATTENTION: Ms Sherry Wheeler Dear Ms. Wheeler: Mr. Norman Kellum just informed me of your intent to destroy one of the most beautiful scenic residential areas in North Carolina. I can't imagine who could come up with such a distasteful idea of constructing a sewer pipe over Wilson Creek ten (10) feet adjacent to the Wilson Creek Bridge. Surely you can bury this pipe under the Wilson Creek bottom. Many years ago the residents of Trent Woods worked diligently with the North Carolina Department of Transportation to design and construct an acceptable replacement for the old wooden curved bridge. We worked with great detail to maintain height for boat passage and to keep the rails non-commercial and low for viewing of the beauty of Wilson Creek. My hope is that many of these same people will be working with you to prevent this unthinkable action. Additionally, the taxpayers of Trentwoods do not want to be responsible for any fines that may be imposed if a leak was to occur. The towns of Kinston and Trenton have been a problem to New Bern in the past concerning pollution. Please do not return our children and grandchildren to this possibility again. Please put me on record of strongly opposing this "Aerial Sewer System" to be place over Wilson Creek in the heart of Trent Woods, NC. Yours truly, G. Richard Staunch Norman B. Kellum John T. Briggs Russell L. Needell J. Kevin Jones Douglas B. Johnson B. Christopher Daniels September 26, 2002 Division of Coastal Management Hestron Plaza H, 151-B Highway 24 Morehead City, NC 28557 ATTENTION: Ms. Sherry Wheeler Dear Ms. Wheeler: Respond To: New Bern Office I strongly object to the proposed design and placement of the sewer line above Wilson Creek as shown on the drawings sent with the recent mailing. Some of my objections are as follows: Sewage spill: Wilson Creek is a navigable waterway. Many vessels of all sizes come into the creek from the Trent River. During storms, vessels seek shelter in the creek to "ride out the storm." As the creek rises a greater danger is created because a breakaway vessel could get lodged under the pipe and fracture it as it rises or fracture it by pounding same. A raw sewage spill could result. A cleanup would cost hundreds of thousands of dollars. The exposed pipe will create a tempting target for pranks and vandals 2. Aesthetics and real property values: The homes in the Trentwoods/Wilson Creek area are on some of the most valuable residential land in the county. To have an exposed sewage pipe traversing Wilson Creek will bring numerous complaints as well as the potential reduction of surrounding property values. Engineering: Is this the best an engineering firm can do to handle this crossing or is this the cheapest solution? When the Neuse River was recently crossed with a sewage line, the City of New Bern put the pipe under the river bed. Why is your design above groundwater? Is cost the over-riding 219 Broad Street • P.O. Box 866 - New Bern, North Carolina 28563 •252/633.2550 • Fax 252/633.4623 445-Q Western Boulevard • P.O. Box 12155 - Jacksonville, North Carolina 28546 • 910/455.4546 • Fax 910/455.2422 205 S.W. Greenville Boulevard • Suite 100 • P.O. Box 20727 • Greenville, North Carolina 27858 • 252/353.4100 • Fax 252/353.8754 2005 E. Ash Street • Suite C - P.O. Box 1085 - Goldsboro, North Carolina 27533 • 919/722.6955 • Fax 919/722.6922 224 Fairview Road • P.O. Box 2082 - Rocky Mount, North Carolina 27802 • 252/442.3975 • Fax 252/442.7309 factor? 4. Aesthetics: photogenic scenery. SEP 2 7 2002 Wilson Creek bridge has appeared in the local newspaper on at least one occasion. When it was built to replace the wooden structure, the residents met with the engineers to discuss the design in an attempt to preserve the quaintness and serene beauty of the creek and the bridge. The present bridge was built with that presentation in mind. This sewage pipe design destroys that effort and the result of much hard work. 5. Condemnation of property: This design reduces the value of the adjacent properties and amounts to a taking of property without compensation. 6. Other points will be presented later. W II 1 t.,M ian B."Kellum Trentwoods Drive Bern, NC 28562 Eileen Connell Cella 402 West Wilson Creek Drive New Bern, NC 28562 September 29, 2002 Division of Coastal Management Hestron Plaza II, 151-B Highway 24 Morehead City, NC 28557 ATTENTION: Ms Sherry Wheeler Dear Ms. Wheeler: GCT 0 2 2002 All of us in Trent Woods are upset about the proposed aerial sewer line to be built on Wilson Creek. Most of us want a sewer system and when we voted for it, we did not know the particulars or where or how it was to be engineered. It is a pretty, semi -rural area which, hopefully, can be pre- served. Perhaps a public hearing? Or a presentation by you and Associates as to how it would look, what other options there are available. At this moment, the prospect of an "Aerial Sewer System" sounds as if it might be detrimental to property values, (of which we are now. paying an exorbitant rate in taxes). I do believe a comprehensive presentation would do a great deal for both sides. Sincerely, Eileen C. Cella Norman B. Kellum John T. Briggs Russell L. Needell J. Kevin Jones Douglas B. Johnson B. Christopher Daniels Donna D. Moffitt Director Division of Coastal Management 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 Re: Notice of Appeal Wilson Creek crossing Trent Woods, NC Dear Director Moffitt: Respond To: New Bern Office October 4, 2002 OCT 0 7 200 I give notice of appeal to the decision made by the North Carolina Division of Coastal Management to issue CAMA General Permit #32828-C for installation of the sewer line as shown on the enclosure with a letter dated September 11, 2002 and mailed to me by Rivers & Associates, Inc. Some of the reasons I oppose the issuance of the permit are set forth in my letter dated September 26, 2002 addressed and mailed to Ms. Sherry Wheeler of your address. Please, advise when and where this appeal will be considered. 7�.*a. ly yXIUAM CC: Mr. Jim O' Daniel 400 W. Wilson Creek Drive New Bern, NC 28562 219 Broad Street • P.O. Box 866 • New Bern, North Carolina 28563 • 252/633.2550 • Fax 252/633-4623 445-Q Western Boulevard • P.O. Box 12155 - Jacksonville, North Carolina 28546.910/455.4546 • Fax 910/455-2422 205 S.W. Greenville Boulevard • Suite 100 - P.O. Box 20727 - Greenville, North Carolina 27858 • 252/353.4100 • Fax 252/353.8754 2005 E. Ash Street • Suite C • P.O. Box 1085 • Goldsboro, North Carolina 27533 • 919/722.6955 • Fax 919/722.6922 224 Fairview Road - P.O. Box 2082 - Rocky Mount, North Carolina 27802 • 252/442.3975 • Fax 252/442.7309