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HomeMy WebLinkAbout20060829 Ver 2_Minor Variance_20060809 L.~iVCi.05~>Z~ ~ ~ ~2rVrn-~ ~~GTJA-iLrtl:S OFFICE USE ONLY: Date Received _ _ _.__.._. Request # ,, ,. State of North Carolina ~ ~ - ~ g a q ~ 2 Department of Environment and Natural Resources Division of Water Quality Variance Request Form Neuse River Basin: Nutrient Sensitive Waters Management Strategy Protection and Maintenance of Riparian Areas Rule (15A NCAC .0233) NOTE: This form maybe photocopied for use as an original. Part 1: General Information 1. Applicant's name (the corporation, individual, etc. who owns the project): Bridge Pointe Development, LLC 2. Print Owner/Signing Official (person legally responsible for the facility and its compliance) Mr. Joseph E. Thomas Member/Manager 1315 So. Glenburnie Rd. New Bern, NC 28561 (252) 637-7985 joe@thomasdev.com 3. Project Name (Subdivision, facility, or establishment name -consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Bridge Pointe 4. Location of Facility ~ ~c @ ~ U i;l 1. Street address: 100 BLOCK, HOWELL ROAD City, State, Zip: New Bern, NC 28560 A~~ (? 9 ZOU6 County: Craven Latitude: 35d05'51 " N p ht - ~rtil'~R C1UN~i'TY Longitude: 77d02'23" W !~~!'l~~At•H 5. Directions to facility from nearest major intersection (Also attach a map): Project site is at the base of the US HWY 17 Business off-ramps into downtown New Bern. 6. Contact person who can answer questions about the facility: Robert M. Chiles, PE PO Box 3496 New Bern, NC 28564-3496 (252) 637-4702 ofc 637-3100 fax bob@robertmchilespe.com 7. Requested Environmental Management Commission Hearing Date: November 8-9, 2006 Version 1: September 1998 r• PART 1: Paragraph 5, Directions to Facility BRIDGE POINTE BRIDGE POINTE DEVELOPMENT, LLC D 0 WN TO WN NEW ERN NEW BER ~ TE ~~ KINSTON ~( ~S HW gR1D ~E~ ON HOWELL RD. ~~ (N CSR 1004) ~ ~~S ~ ~~ ~ ~ ~~ z~ s ~- o ~ ~ G ~~ ~ ~, ~ o ~ ~ y 0 a ~, ~ a ~~ ~ o ti JAMES C TY ~~~ (CRAVEN COUNTY TOWNSHIP N0. 7) ~~ ~~ BRIDGE POINTE VICINITY MAP NOT TO SCALE Part 2: Demonstration of Need for a Variance NOTE: The variance provision of the Neuse Riparian Area Rule allows the Environmental Management Commission to grant a variance to an affected party when the following conditions apply on a given project: ', (a) practical difficulties or hardships would result from strict application of the rule: ', ', (b) such difficulties or hardships result from condition which are peculiar to the property involved; and (c) the general purpose and intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if the variance were granted. This part of the application is to explain how the project meets criteria (a) and (b). Attach a detailed description (2-3 pages) explaining the following: • .The practical difficulties or hardships that would result from strict application of the Rule. • How these difficulties or hardships result from conditions that are unique to the property involved. • Why reconfiguring and/or reducing the built-upon area to preserve a greater portion of the riparian area is not feasible on this project. If economic hardship is the major consideration, then include a specific explanation of the economic hardship and the proportion of the hardship to the entire value of the project. Part 3: Water Quality Protection NOTE: This part of the application is to explain how the project meets criterion (c): the general purpose and intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if ', the variance were granted. ', 1. Briefly summarize how water quality will be protected on this project. Also attach a detailed narrative (1-2 pages) describing the nonstructural and structural measures that will be used for protecting water quality and reducing nitrogen inputs to surface water. Stormwater will be piped to either the existing or the proposed new stormwater wet detention basin for treatment depending upon location within project site. 2. What is the total project area in acres? 16.42 acres 3. Which of the following permits/approvals will be required for this project? CAMA Major -Permit No. 106-06 issued July 27, 2006 Stormwater Management -Stormwater Permit No. SW7060520 issued June 2, 2006 Sediment/Erosion Control -ESC Plan Approval CRAVE -2006-056 issued May 23, 2006 401 Certification - WQC GC3400 and Authorization Certificate, DWQ Project No. 06-0829 issued June 12, 2006 US ACE -Notice of Jurisdictional Determination, ORM ID SAW-2006-32643-125 issued June 16, 2006 404 Permit -Not yet required Variance Request Form, page 2 Version 1: September 1998 PART 2, Demonstration of Need for Variance BRIDGE POINTE BRIDGE POINTE DEVELOPMENT, LLC Background Information This project is located on and involves the development of a 16.42-acre parcel of land located along the James City waterfront at the confluence of the Trent and Neuse Rivers, opposite from downtown New Bern. Owing to its location, the project site is subject to the regulatory control of 15A NCAC 02B.0233, the Neuse Riparian Area Rule (aka Neuse River buffer rules), and 15A NCAC 07H.0209, the Division of Coastal Management (DCM) Coastal Shorelines Area of Environmental Concern (AEC), among others. At the project site, both zones of the buffer rules are contained within the 75- feet wide AEC as measured landward from the normal water line of the Trent River, and these areas contain approximately 3.07 acres of the site's waterfront. The project site has approximately 1,830 feet of shoreline and 1,865 feet of existing bulkhead/retaining wall. The existing configuration includes approximately 1,050 feet of concrete capped, concrete sheet-pile bulkhead, 258 feet of tongue and groove wooden bulkhead and 557 feet of tongue and groove wooden retaining wall. (Where there is land on one side and water on the other of the wall, we refer to it as a bulkhead, and where there is land on both sides of the wall, we refer to it as a retaining wall.) The existing surface area of the project site is approximately 90-95% impervious, primarily due to a compacted gravel surface that is present throughout most of the site. The site contains the existing Bridge Pointe Hotel, a marina office building, and parking areas associated with both. Work associated with the project includes preparation of the site for construction of 3 residential condominium buildings, a new marina office, parking areas and roads, and a new hotel. Demolition of the existing hotel and marina office will be scheduled to coincide with the new construction. Modification of the existing stormwater management system, construction of an additional stormwater management system, and installation of required utilities will also be performed. There are approximately 0.68 acres of 404 jurisdictional wetlands contained within the project site along the waterfront (between the existing retaining wall and the normal water line). The disturbed area created by the proposed work includes most of the upland 15.74 acres of the existing 16.42 acres site. The location of the project site places it within the extra-territorial jurisdiction (ETJ) of the City of New Bern and subjects the site to the City's Land Use Ordinance. Among the various reviews and permissions required as part of the Land Use Ordinance, a Conditional Use Permit was required for the project. A conditional use permit was issued for this project with the specific condition that the developers "dedicate and construct a public, pedestrian walkway along the Trent River waterfront from the North Carolina Department of Transportation right-of-way at the Trent River Bridge to the Y northwestern boundary of the subject property near the North Carolina Rail Road right- of-way..." In essence, the requirement is for a public walkway (sidewalk) along the entire waterfront of the project site. The public walkway included in this variance request is the result of the City of New Bern Planning Office's desire for the construction of a public walkway/sidewalk/ promenade that extends the entire length of the City's waterfront. Although such a sidewalk currently exists only within a select portion of the City's downtown, the reported intent is to connect all City owned portions of property with a continuous walkway through use of easements and permit conditions as waterfront portions of property are re-developed. The widths of the proposed walkway are the result of a series of meetings between the City's planners, and the project's representatives. Because the waterfront portion of the project site containing the proposed public walkway is located within the Neuse River Buffers, the buffer requirements contained in the coastal shorelines AEC regulations yield to the Neuse River buffer rules. The chart contained in section 02B.0233(6)of the buffer rules, Table of Uses, designates all of the uses that are exempt, allowable, allowable with mitigation, or prohibited by the rule, in accordance with additional requirements for those use classifications provided in 02B.0233(7), which is the following section. It is the common interpretation of the Division of Water Quality representatives that uses not present in the Table of Uses are prohibited by default. The Table of Uses does not specifically make a provision for a paved pedestrian walkway located adjacent and parallel to the shoreline, regardless of width. There are however, allowable provisions for "greenway/hiking trails," and "water dependant structures." Typically, sidewalks are neither water dependant structures, nor considered a greenway, although some hiking trails are paved. A six (6) feet wide proposed sidewalk located directly behind and parallel to a proposed replacement bulkhead was depicted in the proposed plans submitted for approval as part of the application package that resulted in CRC (CAMA) Major Development Permit No. 106-06, issued July 27, 2006. It was reportedly under the general category of "greenway" that the sidewalk was granted a minor variance during DWQ review of the CAMA major application. The six foot maximum width is reportedly based upon and meant to duplicate the "six feet in width or less" regulatory limit provided for within 07H.0209(d)(10)(D), one of the portions of the coastal shorelines regulations that yield to the buffer rules. Although not the governing rule in this case, that same section also provides for widths "greater than six feet ... if it is to serve a public use or need." Owing to the low elevation of the existing property (approximately elevation 3, NAVD 88) and City of New Bern required minimum elevations for residential construction (elevation 10, NAVD 88), it is mandatory that the site receive a certain amount of fill material prior to construction of the residential condominium buildings. Because the requested public sidewalk is located along the waterfront immediately adjacent to proposed private condominium units, it is desired to establish an elevation difference between the public and private areas of the project. In order to provide such a separation, it is proposed that abench-height retaining wall be installed along the landward side of the public walkways and fill material be sloped upward from the top of the retaining walls to the required fill height for construction of the private areas. Grading and revegetation of approximately 4,700 square feet of Neuse River Buffer Zone 1 is proposed in order to achieve this goal. Similar to the sidewalk's absence from the Table of Uses, grading in zone 1 is not specifically authorized. There are however, a sufficient number of references contained within the descriptions of other uses to imply an intent with regards to zone 1. Two of the references include "diffuse flow and the health of existing vegetation in Zone 1 is not compromised," and "planting to enhance the buffer." The existing regulated portions of zone 1 that will be impacted are relatively flat and are maintained as aloes-growing grass lawn. If constructed as depicted in the plans provided for the variance, the slopes established will serve to maintain diffuse flow, the retaining wall and sidewalk will function to some extent as a level spreader device, and the regraded area of zone 1 will be vegetated with a variety of tree and shrub species and ground cover, and should serve to increase the amount of infiltration currently provided by the affected areas. Demonstration of Need for a Variance f a) practical difficulties or hardships would result from strict application of the rule: In this project, the City of New Bern requested that the proposed public walkway be included in the variance request at the widths indicated as a condition of the City's permit to construct the project. Since there is no specific provision for a paved pedestrian walkway located adjacent and parallel to the shoreline, regardless of width, strict application of the Neuse Riparian Area Rule would preclude construction of the walkway at the desired widths now proposed for construction. Not constructing the walkway according to the agreement with the City constitutes a failure to comply with a special condition of the conditional use permit, and subjects the project to potential enforcement action by the City and possibly the preclusion of the project. jb) such difficulties or hardships result from conditions which are peculiar to the property involved; and The project site is a combination of property within the ETJ of the City subject to the City's Land Use Plan, waterfront property with an apparent connection to the waterfront portion of the City of New Bern, and waterfront property in general (subject to the riparian rule). If the project site was not in the City's ETJ then the previously submitted and approved 6 feet wide walkway at the bulkhead would be sufficient for the project. If the project was not in a location that was relevant to the City planners' desired continuous waterfront walkway, then the previously approved 6 feet wide walkway at the bulkhead would be sufficient, and the walkway would probably not be part of a special condition of the conditional use permit. Obviously, if the project site was not waterfront property (in a regulated basin) the buffer rules would not apply and the coastal shorelines rules (and its provision for wider walkways) or other applicable CAMA rule would govern. It is the combination of the three circumstances that are peculiar to the property and precipitate the difficulties that could result from strict application of the rules. (cl the general purpose and intent of the Rule would be preserved, water quality would be protected and substantial justice would be done if the variance were granted. The purpose of the Neuse Riparian Areas Rule is to protect and preserve existing riparian buffers and maintain their nutrient removal functions. This variance, if granted, will result in a slight increase in the impervious surface area already approved for construction within the existing buffers on the project site. However, the project as a whole will result in a significant (approximately 31%) reduction in the amount of existing impervious surfaces on the total site. Additionally, when constructed according to the plans granted DWQ stormwater approval (SW7060520), runoff from all impervious surfaces will be directed to and through a treatment device, and the resultant post-construction nitrogen load being discharged to the Trent River will be approximately 44~ to 56% less than existing pre-development discharges. Additionally, the proposed stormwater treatment devices will provide an approximate 85 to 90% reduction in total suspended solids contained within the runoff that is being discharged, a function not currently being provided at the site. Part 3: Water t,;;~,~~:.y Protectiai~, continued 4. Complete the follo4ving information for each drainage basin. If there are more than two drainage basins in the project, attach an additional sheet with the information for each basin provided in the same format as below. Basinlnfornlation Drainage Areal Receiving Stream Name Trent River Drainage Areal Trent River Receiving Stream Class SB Sw NSW SB Sw NSW Drainage Area 11.38 AC. 5.04 AC Existing Impervious* Area 9.91 AC 5.04 AC Proposed Impervious `Area 7.15 AC 2.79 AC %Impervious * Area (on-site) 62.8% 55.4% %Impervious `Area (totah) 62.4% 55.4% Impervious ~ Surface Area On-site Buildings Drainagz Area 1 3.67 AC Drainage Area 2 0.44 AC On-site Streets 3.48 AC 2.35 AC On-site Parking On-site Sidewalks Other on-site TOtaI OIl-s1tE' 7.1J AC ~.~9 AC Otf-site = 1.?3 AC 0 Totals 8.38 AC 2.79 AC * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Total means on-site plus off-site area that drains through the project. z Off site impervious shown is treated offsite also (discharge is from adjoiner's wet detention basin). 5. How was the off-site impervious area listed above derived? 1.23 acres is impervious portion of Outback Steakhouse site on adjoining property. Wet detention basin on the 2.03 acre site discharges through drainage area one (existing) wet detention basin. See NCDENR DWQ Permit sw~onng2~ 6. What will be the annual nitrogen load contributed by this site after development in pounds per acre per year without structural BMPs (stormwater pond, wetland, infiltration basin, etc)? Attach a detailed plan for all proposed structural stormwater BMPs. Drainage Size of Pre- Pre- Post- BMP Final Post- Effective basin drainage development development development nitrogen nitrogen development Nitrogen basin nitrogen nitrogen nitrogen .removal loading nitrogen Reduction (ac) loading rate loading from loading rate efficiency5 rate loading from (%) without BMPs° drainage basin without BMPs° (%) (Ibs/ac/yr) drainage basin Ibs/ac/ r Ibs Ibs/ac/ r Ibs 1 11.38 18.6 211.9 13.8 25 10.33 117.6 44.5 2 5.04 21.2 106.8 12.3 25 920 46.4 56.6 Tofals 16.42 ------ 3 i 8.7_ ------ ------ ------ 164.0 ------ a Attach calculations and references. s Attach calculations and references. Variance Request Form, page 3 Version 1: September 1998 PART 3: Paragraph 6, NITROGEN EXPORT BRIDGE POINTE BRIDGE POINTE DEVELOPMENT, LLC TOTAL NITROGEN EXPORT COEFFICIENTS (LB/AC/YR) Undisturbed Open Space (forest, unmown meadow) = 0.6 Managed Open Space (grass, landscaping, etc) = 1.2 Impervious Surfaces (roads, parking, roofs, buildings, etc.) = 21.2 NITROGEN REDUCTION PROVIDED BY BMP Wet Detention Basin (WDB) = 25% PRE-DEVELOPMENT NITROGEN EXPORT PROJECT SITE TOTAL ACREAGE: 16.42 acres Drainage Area 1: 11.38 acres ~ ~` e ~ d. C3~ ~~ ~. e '~ ~'4i~, Gl NE~• ~~`~~ //~~~ Iff 111 ~~``\ Existing Impervious Surfaces: 9.91 acres (9.91 ac.) (21.2 Ib/ac/yr) = 210.1 Ib/yr Existing Grass, Landscaping Surfaces: 1.47 acres (1.47 ac.) (1.2 Ib/ac/yr) = 1.8 Ib/yr Total (Ib/yr) 21 1.9 Ib/yr Total (Ib/ac/yr) 211.9 Ib/yr / 1 1.38 ac = 18.62 Ib/ac/yr Drainage Area 2: 5.04 acres Existing Impervious Surfaces: 5.04 acres (5.04 ac.) (21.2 Ib/ac/yr) = 106.8 Ib/yr Existing Grass, Landscaping Surfaces: 0 acres (0 ac.) (1.2 Ib/ac/yr) = 0.0 Ib/yr Total (Ib/yr) 106.8 Ib/yr Total (Ib/ac/yr) 106.8 Ib/yr / 5.04 ac = 21.2 Ib/ac/yr Site Total: (Ib/ac/yr) 211.9 Ib/yr + 106.8 Ib/yr = 318.7 Ib/yr POST-DEVELOPMENT NITROGEN EXPORT PROJECT SITE TOTAL ACREAGE: 16.42 acres Drainage Area 1: 1 1.38 acres Existing Impervious Surfaces: 7.15 acres (7.15 ac.) (21.2 Ib/ac/yr) = 151.6 Ib/yr Existing Grass, Landscaping Surfaces: 1.47 acres (4.23 ac.) (1.2 Ib/ac/yr) = 5.1 Ib/yr Total (Ib/yr) 156.71b/yr Total (Ib/ac/yr) 156.7 Ib/yr / 1 1.38 ac = 13.77 Ib/ac/yr t BMP Reduction (25%) 13.77 Ib/ac/yr (.75) = 10.33 Ib/ac/yr Nitrogen Discharged 10.33 Ib/ac/yr(1 1.38 ac) = 117.56 Ib/yr Drainage Area 2: 5.04 acres Existing Impervious Surfaces: 2.79 acres (2.79 ac.) (21.2 Ib/ac/yr) = 59.1 Ib/yr Existing Grass, Landscaping Surfaces: 2.25 acres (2.25 ac.) (1.2 Ib/ac/yr) = 2.7 Ib/yr Total (Ib/yr) 61.8 Ib/yr Total (Ib/ac/yr) 61.8 Ib/yr / 5.04 ac = 12.26 Ib/ac/yr BMP Reduction (25%) 12.26 Ib/ac/yr (.75) = 9.20 Ib/ac/yr Nitrogen Discharged 9.20 Ib/ac/yr (5.04 ac) = 46.37 Ib/yr Site Total: (Ib/ac/yr) 1 17.6 Ib/yr + 46.4 Ib/yr = 164.0 Ib/yr Effective Pre-development to Post Development Nitrogen Discharge Reduction: Drainage Area 1: 11.38 acres ®~®®a~ C ~ ~e®~/' [(21 1.9 Ib/yr - 117.6 Ib/yr) / 21 1.9 Ib/yr] 100 = 44.5% >"~ q~ e • • e ~~ ~i Drainage Area 2: 5.04 acres ~., ~~ ~ e~.~ e [(106.8 Ib/yr - 46.4 Ib/yr) / 106.8 Ib/yr) 100 = 56.6 ~~ e ~ ®~/119t1,\~ .- Part 3: Water Quality Protection, continued 7. The applicable supplemental form(s) listed below must be attached for each BMP specified: Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-109 Innovative BMPs Supplement Part 4: Submittal Checklist A complete appplication submittal consists of the following components. Incomplete submittals will be returned to the applicant. The complete variance request submittal must be received 90 days prior to the EMC meeting at which you wish the request to be heard. Initial below to indicate that the necessary information has been provided. Applicant's Initi~s~~-~ None~Exist Item • Original and two copies of the Variance Request Form and the attachments listed below. • A vicinity map of the project (see Part 1, Item 5) • Narrative demonstration of the need for a variance (see Part 2) • A detailed narrative description of stormwater treatment/management (see Part 3, Item 1) • Calculations supporting nitrogen loading estimates (see Part 3, Item 6) • Calculations and references supporting nitrogen removal from proposed BMPs (see Part 3, Item 6) • Location and details for all proposed structural stormwater BMPs (see Part 3, Item 6) • Three copies of the applicable Supplement Form(s) for each BMP and/or narrative for each innovative BMP (see Part 3, Item 7) • Three copies of plans and specifications, including: 0 Development/Project name 0 Engineer and firm 0 Legend and north arrow 0 Scale (1" = 100' or 1" = 50' is preferred) 0 Revision number & date 0 Mean high water line (if applicable) 0 Dimensioned property/project boundary 0 Location map with named streets or NC State Road numbers 0 Original contours, proposed contours, spot elevations, finished floor elevations 0 Details of roads, parking, cul-de-sacs, sidewalks, and curb and gutter 0 Footprint of any proposed buildings or other structures 0 Wetlands delineated, or a note on plans that none exist 0 Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations 0 Drainage basins delineated 0 Perennial and intermittent streams, ponds, lakes, rivers and estuaries 0 Location of forest vegetation along the streams, ponds, lakes, rivers and estuaries Variance Request Form, page 4 Version 1: September 1998 s Part 5: Deed Restrictions By your signature in Part 7 of this application, you certify that all structural stormwater best management practices required by this variance shall be located in recorded stormwater easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence from the State, and that the easements will be recorded prior to the sale of any lot. Part 6: Agent Authorization If you wish to designate submittal authority to another individual or firm so that they may provide information on your behalf, please complete this section: Robert M. Chiles, PE PO Box 3496 New Bern, NC 28564-3496 (252) 637-4702 ofc 637-3100 fax bob@robertmchilespe.com Part 7: Applicant's Certification I, Joseph E. Thomas (print or type name of person listed in Part I, Item 2), certify that the information included on this permit application form is correct, that the project will be constructed in conformance with the approved plans and that the deed restrictions in accordance with Part 5 of this form will be recorded with all required permit conditions. Signature: Date: gust , 2006 Title: ember/Manager Variance Request Form, page 5 Version 1: September 1998 i~_~! ~~ ~~ ~i 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 HAND DELIVERED Ms. Allison Ward NCDENR, DLR, Land Quality Section 943 Washington Square Mall Washington, N. C. 27889 ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS MARINE SURVEYORS May 18, 2006 ScC ~^5~ ~it1}tn!/n~~-S ~ ~ / B U S I N ES 5:252-637-4702 FAX: 252-637-3100 o`rice~~ robertmchilespe.com mikerice~a~roberimchilespe.com off- o g 2~ Y ~ Enclosures: (1) 2 Copies, Bridge Pointe Erosion and Sediment Control Plan (Existing Conditions) for Bridge Pointe Development, LLC, Sheet ESC 1.00, plotted May 18, 2006, prepared by Robert M. Chiles, PE. (2) Copy, Craven County Register of Deeds Book 2338, Pages 361-67. (3) Flow velocity calculations, prepared by Robert M. Chiles, PE. (4) Copy, Bridge Pointe Stormwater Management Plan (Various-Sheet Names) for Bridge Pointe Development, LLC prepared by Robert M. Chiles, PE. (Drawings and narrative) (5) Copy, Cover letter to Mr. McClain, dated May 15, 2005. (6) Copy, "Project Phasing" diagram from Erosion and Sediment Control Plan Sheet ESC 1.20, prepared by Robert M. Chiles. PE. Dear Ms. Ward: In response to your request for additional information dated May 17, 2006 we provide the following response and these enclosures, with references to your checklist.- - Enclosure 1 is provided in response to the first checklist item requesting a more detailed vicinity map. Note that the vicinity map is larger and additional labels have been added to provide a better correlation to the site plan. The "general construction ihformation and sequencing notes" contained on this sheet is also revised to indicate the correct time frames for ground cover establishment, as indicated by the third checked item on checklist page 2 The apparent encroachmen#s indicated by the fourth checked item on page 2 of the checklist have been reviewed by Mr. Kyle Barnes, Mr. Pat McClain, Mr. David Moye, and Mr. Scott Vinson of the NCDENR Washington Regional Office during apre-submission meeting. The site has been visited in the past by Mr. Barnes and others, and a letter regarding the application of buffer protection afforded to this site is supposed to be provided by Mr. Barnes. Please note that the construction activities within the Neuse Riparian Buffer are also addressed within the revised note on enclosure 1. Enclosure 2 is provided in response to the second checked item on checklist page 1 requesting a copy of the latest deed. Enclosure 3 is provided in response to the third checked item on checklist page 1 requesting runoff calculations that indicate quantity and velocity of runoff in each ditch, channel or Swale section and each pipe outfall. Note that there are no new ditches, channels or swales proposed for construction by this project. Calculations are presented for each of the three pipe runs entering the existing pond, each of the two pipe runs entering the proposed pond, and the outflow from the outlet structures of both ponds. Additionally, enclosure 4 provides a copy of the Stormwater management plan and the calculations therein contained. The drawings of enclosure 4 also contain the Stormwater pond cross section requested by the second checked item on checklist page 2. As indicated in enclosure 5 and on the previously submitted financial responsibility form, the anticipated disturbed area associated with this project is 16.42 acres. As indicated on the erosion control r~ntCHr,NIC,AL, ;,INTL. ArvD MAkIr;L ~NViNcERwv MARIN~'nYDROGkAPNIC AND LANG SURVEYS COMMERCIAL, INDUSTRIAL MARINE, AND RAILROAD FACfLIllES DESIGN F~.'IRFNCIC' rN~INFFRINC: ANrI FAIT I~~G gNAi VCIC R(111NhaRV CIIRV FVC ANrI nAGPPIN(; CFA/ir'F i ~ ~ ROBERT M. CHILES, P.E. ~~~ ENGINEERS, CONSULTANTS ~~~; MARINE SURVEYORS 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 May 18, 2006 BUSINESS :252-637-4702 FAX: 252-637-3100 offce~robertmchilespe.com mikerice` robertmchilespe.com plans, the total project site contains 16.42 acres. This information, together with the depiction on drawing sheet ESC 1.20 of silt/sediment fence along almost the entire property line perimeter of the project site should indicate that the entire site will disturbed. For clarification, we anticipate that the entire site will be disturbed (except for areas contained within protected buffers and waterward of the existing wooden bulkhead/retaining wall). We apologize if this was unclear and anticipate that this explanation will satisfy the disturbance limit indication requested by the fourth checked item on checklist page 1. Enclosure 6 is a copy of the proposed phasing diagram contained on previously submitted drawing sheet ESC 1.20. We feel that this information together with the construction sequencing notes mentioned earlier satisfies the first checked item on checklist page 2 which requests "general sequence of construction activity with emphasis on minimizing erosion control problems." The last item on your checklist requests that we either indicate where check dams are proposed or remove the check dam standards from the drawings. Currently there are no check dams proposed for this project. However, stormwater discharges from this site will flow into the existing roadside Swale alongside NCSR 1004. The check dam standard and details are included in the plans to provide an established reference in the event that their installation becomes necessary within the roadside Swale at some point during the construction of the project. As such we would prefer not to remove them from the plans. Should you require additional information or have any questions, please contact us at your convenience. Additionally, any of the NCDE~iR personnel mentioned earlier may be able answer a number of questions related to the project based upon information covered in previous project planning sessions. _ Very truly yours, BERT M. CHILES, P.E. Michae L. Rice, P.E. ~a~,.n,:~vr,.r,~, ~.,vi~,:,~~;; ivy rciiv~ tNVOVt~i?iNV MARINE HYDROGRAPHIC AND LAND SURVEYS COnnnnERCIAL, INDUSTRIAL nnARWE, AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANAI YSIS or~n.m.~~ ~~io. ,r~~ ..~.. ...,,,,~. ~,- ~..., ,..-.~ ROBERT M. CHILES, P.E. • Engineers & Consultants NEW BERN, NC 28564 (919) 637-4702 FAX (919) 637-3100 SHEET NO. ' OF .A~ D' i CALCULATED BY_ /•/ /~ ~ DATE 5 /~ CHECKED BY DATE \~~~~ C A r~~~/~ ee~1~•••• R~ ~i o, ~ ~~ s ~, SEAL ~'~'= . _ 28925 . ,. roe ~R-tnC.s~f'PJ~V /rP~ ROBERT M. CHILES, P.E. SHEET NO. ~^ OF ~' • Engineers & Consultants /~ NEW BERN, NC 28564 CALCULATED BY /~'! /G G.G DATE (919) 637-4702 FAX (919) 637-3100 CHECKED BY DATE SCALE 1 ~ i `'~'Q1NEf~~~` ..,, .. a17-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 HAND DELIVERED ROBERT M. CHILES, P.E. ENGINEERS. CONSULTANTS MARINE SURVEYORS May 15, 2006 ~~, BUSINESS :252-637-4702 FAX: 252-637-3100 office `robertmChilespe. Com mikerice•~ robertmchilespe.com Mr. Patrick McClain, P.E. NC DENR, DLR, Land Quality Section 943 Washington Square Mall Washington, N. C. 27889 Enclosures: (1) 2 copies, Financial Responsibility/Ownership Form, SPCA Express Review Permitting Option. (2) 2 Sets of Drawings, Bridge Pointe Erosion and Sediment Control Plan (Various Sheet Name) for Bridge Pointe Development, LLC prepared by Robert M. Chiles, PE. (~ sheets each set) Dear Mr. McClain: On behalf of our client, Bridge Pointe Development, LLC we submit the enclosed forms, and plans for express review and approval. This project involves the development of a 16.42-afire parcel of land located along the James City waterfront at the confluence of the Trent and Neuse Rivers, opposite from downtown New Bern. The existing site contains the Bridge Pointe Hotel, and is approximately 95~ impervious overall. Work associated with the project includes preparation of the site for construction of 3 residential condominium buildings, a new marina office, the destr~cfion oT` the existing hotel and construction of a new hotel. Modification of the existing stormwafsr mariagemer;t system, construction of an additional stormwater management system, parking and roads will also be performed. The disturbed area created by the proposed work includes most of the existing 16.42 acres. Proposed erosion and sedimentation control measures for this site include temporary and permanent seeding or sodding, temporary construction en'rahces, silt fence, rip rap and drop inlet protection. Should you require additional information or have any questions, please contact us your convenience. Very truly yours, OBERT M. CHILES P.E. C~ `y~:-~p.c-C a„~ c„ Michael L. Rice, P.E. FINANCIAL RESPONSIBILITY/OWNERSHIP FORM SEDIMENTATION POLLUTION CONTROL ACT EXPRESS PERMITTING OPTION No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this form and an acceptable erosion and sedimentation control plan have been completed and approved by the Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.) Part A. 1. Project Name BRIDGE POINTE 2. Location of land-disturbing activity: County_CRAVEN, CITY of NEW BERN Highway/Street_100 BLOCK, HOWELL ROAD Latitude 35d05'51" N Longitude 77d02'23" W 3. Approximate date land-disturbing activity will commence: UPON RECEIPT OF PERMITS Purpose of development: MIXED USE; PRIMARILY RESIDENTIAL Total acreage disturbed or uncovered (including off-site borrow and waste areas): 16.42 6. Amount of fee enclosed: $_850_. The Express Permitting application fee is a dual charge. The normal fee of $50.00 per acre (rounded up to the next acre) is assessed without a ceiling amount. In addition, the Express'Permitting supplement is $250.00 per acre up to eight acres, after which the Express Permitting supplemental fee is a fixed $2,000.00 (Example: 9 acres total is $2,450). 7. Has an erosion and sediment control plan been filed? Yes No Enclosed XXX 8. Person to contact should erosion and sediment control issues arise during land-disturbing activity: Name: Robert M. Chiles, PE PO Box 3496 New Bern, NC 28564-3496 (252) 637-4702 ofc 637-3100 fax bob@robertmchilespe.com 9. Landowner(s) of Record: BRIDGE POINTE DEVELOPMENT, LLC 1315 SO. GLENBURNIE RD. NEW BERN, NC 28561 (252) 637-7985 Mr. Joe Thomas, Member/Manager joe@thomasdev.com 10. Deed Book No._2338_ Page No._361_ Provide a copy of the most current deed. Part B. 1. Person(s) or firm(s) who are financially responsible for the land-disturbing activity (Provide a comprehensive list of all responsible parties on an attached sheet): BRIDGE POINTE DEVELOPMENT, LLC 1315 SO. GLENBURNIE RD. NEW BERN, NC 28561 (252) 637-7985 Mr. Joe Thomas, Member/Manager joe@thomasdev.com 2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address of the designated North Carolina Agent: Name E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone Fax Number (b) If the Financially Responsible Party is a Partnership or other person engaging in business under an assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible Party is a Corporation, give name and street address of the Registered Agent: Name of Registered Agent E-mail Address Current Mailing Address Current Street Address City State Zip City State Zip Telephone, Fax Number (c) In order to facilitate Express Permitting, it is necessary to be able to contact the Engineer or other consultant who can assist in providing any necessary information regarding the plan and its preparation: Robert M. Chiles, PE bob(a~robertmchilespe.com Engineering Firm or other consultant E-mail Address Robert M. Chiles, PE (252) 637-4702 ofc 637-3100 fax Individual contact person The above information is true and correct to the best of my knowledge and belief and was provided by me under oath (This form must be signed by the Financially Responsible Person if an individual or his attorney-in- fact, or if not an individual, by an officer, director, partner, or registered agent with the authority to execute instruments for the Financially Responsible Person). I agree to provide corrected information should there by any change in the information provided herein. Jose h E. Thomas Member/Mana er Type or print n e Title or hority `C S~OJ-~ Signa re Date 1, ~~ ~ , a Notary tP-ublic of the County of ~+~ V~-~.~ State of North Carolina, hereby certi that ~)_~.,~J--~ c . ~mGt.S appeared personally before me this day and being duly sworn acknowledged that the above form was executed by him. Witness my seal, this ~~ day of MQ , 20 ~~ S i _ No ~" ~OZ~+'1~C~ ~~~~- My commission expires MCI,U (~ oZCO~ r~ rr -.... V .~ • ~~ ~~~rrrFH C 0 N ~~~~~~\ .~.,`~ • .,- ~' ~ `~~ State of North .Carolina ~?'~c.~.~ s v,e,~ oc~-Dg2.q v2 Department of Environment and Natural Resources Washington Regio;,al „iC~ IVGchael F. Easley, Governor William G. Ross, Jr., Secre~ry DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 23, 2006 Bridge Pointe Development, LLC ATTN: Mr. Joseph E. Thomas, Manager 1315 South Glenburnie Road New Bern, North Carolina 28561 RE: Erosion and Sedimentation Control Plan No. Crave-2006-056 ~ ~ ~ ~ ~ V ~ D Bridge Pointe US Highway 17 South and US Highway 70 East -Craven County Al1G 4_ ~ 200.6 River Basin: Neuse Date Received: May 15, 2006 and May 19, 2006 ~r~t~ws~rEu Responsible Party: Bridge Pointe Development, LLC Dear Sir: This office has completed its review of the erosion and sedimentation control plan for the referenced 16.5 acre disturbance. Based on the information provided, we have determined the submitted plan for the demolition of the existing hotel, filling and regrading of the site for constzuction of condominiums and a hotel, if properly implemented and responsibly mainta~ne~, should meet the intent and mininnim requirements of the Act. We, therefore, issue this LETTER OF APPROVAL. In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program with the OBJECTIVE of PREVENTING SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the project. AS THE DECLARID RESPONSIBLE PARTY, YOUR LEGAL RESPONSIBIIITY is to understand the Act and comply with the following minimum requirements of the Act and the above listed modifications (if any): -- an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, if no landdisturbing activity has been undertaken;' .~.. ..c.'~~i - ii J.,.+ V ~.i .Gig _ ~~. iVJ~.i. rG. Ui~~~G ..~w~ ~.~ .~r.~~-.,--Jii~ J~.G ~. ~1i~-J-.~.1~ .~i An =qual ~pr~rtunity =m~ioyeer 5?°.-e~y~i~~"ID°.: cos-ans;t^,=- pap- Bridge Pointe Development, LLC ATTN: Mr. Joseph E. Thomas, Manager May 23, 2006 Page 2 -- the LATEST APPROVED soil erosion and sediment control plan will be used during inspection to determine compliance and a copy of the plan must be on file at the job site; -- erosion and sediment control measures or devices are to be installed to safely withstand the runofj'resulting from a IO year storm event - 6.5 - 7 inches in 24 hours or at the rate of 6.5 - 7 inches in 1 hour. -- unless the o,,~site borrow and/or disposal sites are identified in the erosion control plan, no earthen material is to be brought on or removed from the project site; -- except in the case of a storm related emergency, a revised erosion and sedimentation contnvl plan must be submitted to and approved by this office prior to initiating any significant changes in the construction, grading or drainage plans; -- a btc~`er zone, stc,~icieni to restrain visible sedimentation, must be provided and maintained between the land-disturbing activity and any adjacera property or watercourse, -- new or a,,~`ected cut or filled slopes must be at an angle that can be retained by vegetative cover, AND mu be provided with a Pround cover stcfjicient to restrain erosion within 2_1 calendar dayc~f completion of~~p ~.~o lrouPh or,LQf g (RYE G SS 1S N[IT in the APPROVED seeding specifccations ~Q$ is it an ACCEPTABLE substitute for the providing of a temporary ground cover); -- the ('FR77F1C,4TE OFPLAN PPRnVA7 must be posted at the primary entrance to the job site and remain until the site is permanently stabilized; -- unless a temporary, manufactured, lining material has been specified, a clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to all seeded areas. The mulch must cover at least 75~ of the seeded area ajler it is either tacked, with an acceptable tacking material, or crimped in place; -- in order to comply with the intent of the Act, the scheduling of the land- disturbing activities is to be such that both the area of exposure and the time between the land disturbance and the providing of a ground cover is minimized; -- a permanent ground cover stcfficiera restrain erosion, must be provided within the shover of 15 working or 90 calendar days after completion of Bridge Pointe Development, LLC ATTN: Mr. Joseph E. Thomas, Manager May 23, 2006 Page 3 construction or development on any portion of the tract (RYE RA S4 I lYS1T in the APPROVED seeding spec{fications ~Q$ is it an ACCEPT Rl_F. substitute for the providing of a nurse cover for the permanent grass cover); and, -- this approval it bored, in part, on the accuracy of the irforntation provided in the Financial Responsibility/Ownership form submitted with the project plans. You are required to file an amended form if there is any change in the information- included on the forma This approval and the financial responsibility/liability cited in it does not automatically transfer with a change in project ownership. Be advised that to ensure compliance with the approved plan and the program requirements, unannounced periodic inspections will be made. If it is determined that the implemented plan is inadequate, this office may require the installation of additional measures and/or that the plan be revised to comply with state law. (Note: Revisions to the scope of this project without prior approval of the plan showing the changes can be considered a violation). Failure to comply with any part of the approved plan or with any requirements of this program could result in the taking of appropriate legal action (civil or criminal) against the financially responsible parry (Bridge Pointe Development, LLC). Some options are Stop Work Orders and the assessing of a civil penalty of up to $5000 for the initial violation plus up to $5000 per day for each day the site is out of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. Prior to beginning this project, YOU ARE REQUIRED TO either CONTACT THIS OFFICE TO ADVISE Ms. Allison Ward (252-946-6481, ext. 385' OF THE CONSTRUCTION START- UP DATE,- contractor and on-site contact person OR complete and return the attached Project Information Sheet to the above named. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations and rules. In addition, the land disturbing activity described in this plan may also require approval or permitting from other agencies -Federal, State or local. These could include the U.S. Army Corps of Engineers under Article 4.0.4. jurisdiction, the Division of Water Quality -Surface Water Section under stormwater regulations (contact the Stormwater group at 252-946-6481), county, city or town agencies under other local ordinances, or other approvals that may be required. This anoroval does not ~~Dersede anv ~li_ er apArov or Fg~rt. -- Please be advised that a rule to protect and maintain existing buffers along watercourses in the Neese River Basin became effective on July 22, 1997. The Neese River Riparian Area Protection and Maintenance Rule (15A NCAC 2B.0233) applies to a 50 (horizontal} foot wide zone along all perennial and intermittent streams, lakes, ponds and estuaries in the Neese River .Bridge Pointe Development, LLC ATTN: Mr. Joseph E. Thomas, Manager May 23, 2006 Page 4 basin. In riparian areas, the rule prohibits land disturbance, new development and fertilizer use in the first 30 (horizontal) feet directly adjacent to the stream and/or coastal wetland vegetation. Clearing, seeding and aone-time fertilizer use to establish the grass is allowed within the riparian area 20 feet landward of the first 30 feet of riparian area, but new development is prohibited. For more information about the riparian area rule, please contact the Division of Wazer Quality`s Wetland/401 Unit az 919-733-1786. Please be advised that all land-disturbing activities affecting 1 or more acres are required to have a (Federal} NPDES permit. Enclosed is the Construction Activities General NPBES Permit - NCGO10000 for this project. The responsibility for understanding and complying with this permit rests with you, the financially responsible party. Be aware that failure to comply with this permit could result in both the State and Federal governments taking appropriate legal action. Contact the Division of Water Quality -Surface Water Section at (252) 946-6481 should you have any questions regarding monitoring and record keeping re+c~~zirements of the permit. Sincerel , C ~~ P 'ck H. McClain, PE Regional Engineer :pm enclosures w/o enc. cc: Michael Rice, PE, Robert A. Chiles, PE ~ Alton Hodge, Division of Water Quality Tere Barrett, Division of Coastal Management David Moye, Division of Coastal Management ~, V ~~lCt-~~v2~ ~f} S~ c 7 2~ w~~t 4S ~LSo STORMWATER MANAGEMENT PLAN FOR BRIDGE POINTS 100 HOWELL ROAD, NEW BERN,' NORTH CAROLINA DEVELOPED BY BRIDGE POINTS DEVELOPMENT, LLC 1315 SO. GLENBURNIE RD. NEW BERN, NC 28561 JOSEPH E. THOMAS, MEMBER/MANAGER BRIDGE POINTS DEVELOPMENT, LLC CONTACT PERSON (252) 637-7985 PREPARED BY e•••. t ~-R' ~ $ ~7~/'1L ~.~pp~~yy}}~~ O L0~7LJ = .~ 1 TT cC e-.~` ~~~i ~C3rlf1~~~" \ Michael L. Rice, P.E. ROBERT M. CHILES, P.E. Engineers 8~ Consultants 417-A Broad Street P.O. Box 3496 New Bern, N.C. 28564-3496 May 10, 2006 Job No. 2005210 TABLE OF CONTENTS APPLICATION FORMS STORMWATER MANAGEMENT PERMIT APPLICATION FORM, SWU-101, VERSION 3.99 WET DETENTION BASIN SUPPLEMENT, SWU-102, VERSION 3.99 (Drainage Area 1) WET DETENTION BASIN SUPPLEMENT, SWU-102, VERSION 3.99 (Drainage Area 2) PART III. ITEM 1. DETAILED NARRATIVE, PAGE 2A OF 4 SUPPLEMENTAL DRAWING: PORTION OF USGS QUADRANGLE NEW BERN MANAGEMENT PLAN NARRATIVE PROJECT DESCRIPTION PHASED CONSTRUCTION SITE DESCRIPTION ADJACENT PROPERTY SOILS MAXIMUM ALLOWABLE IMPERVIOUS AREA COMPLIANCE CERTIFICATION STORMWATER BEST MANAGEMENT PRACTICES SYSTEM OVERVIEW WET DETENTION BASINS CALCULATIONS MAINTENANCE CONSTRUCTION PHASE ROUTINE MAINTENANCE NON-ROUTINE MAINTENANCE MAINTENANCE COSTS RESPONSIBLE PARTY STATEMENT DRAWINGS BRIDGE POINTE STORMWATER MANAGEMENT PLAN (See Sheet Names Below) FOR BRIDGE POINTE DEVELOPMENT, LLC prepared by ROBERT M. CHILES, P.E. SW 1.00: Existing Conditions SW 1.10 : Proposed Conditions SW 1.20 : Proposed Pipe Network SW 1.30 : Drainage Area 1 SW 1.40 : Drainage Area 2 NCDOT Standard Drawings 840.02 and 840.14 STORMWATER MANAGEMENT PERMIT APPLICATION FORM SWU - 101 WET DETENTION BASIN SUPPLEMENT FORM SWU - 102 (DRAINAGE AREA 1) WET DETENTION BASIN SUPPLEMENT FORM SWU - 102 (DRAINAGE AREA 2) OFFICE U5E ONLY Date Received Fee Paid Permit Number State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM T1iis fo~7~~ mad be photocopied for use as an original I. GENERAL INFORMATION 1. Applicants name (specify the name of the corporation, individual, etc. ti~ho oti~ns the project): BRIDGE POINTE DEVELOPMENT LLC 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Mr. Toe Thomas Member/Mana egg r 3. Mailing Address for person listed in item 2 above: 1315 So. Glenburnie Rd. New Bem, NC 28561 (252) 637-7985 j oe(a,thomas dev. com 4. Project Name (subdivision, facility, or establishment name -should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): BRIDGE POINTE 5. Location of Project (street address): _100 Block, Howell Road City: New Bern County: Craven 6. Directions to project (from nearest major intersection): Project site is located at base of US HWY 17 off-ramp into do~~ntown New Bern 7. Latitude 35d05'S1" N Longitude 77d02'23" W of project 8. Contact person who can answer questions about the project: Nan1e: Robert M. Chiles. PE Telephone Number: (252) 637-4702 II. PERMIT INFORMATION: 1. Specify whether project is (check one): XX New Form SWU-101 Version 3.99 Page 1 of4 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number and its issue date (if known) N/A 3. Specify the type of project (check one): Low Density _ High Density XX Redevelop _ General Permit _ Other 4. Additional Project Requirements (check applicable blanks): XX CAMA Major XX Sedimentation/Erosion Control 404/401 Permit XX NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project . Stormwater will be piped to an existing or a new stormwater wet detention basin for treatment depending upon location ~~ithin project site 2. Stormwater runoff from this project drains to the Neuse River basin. 3. Total Project Area: 16.42 acres 4. Project Built Upon Area: _ 9~% Existing / 61 % Proposed % ~. How many drainage areas does the project have? Two (2) 6. Complete the following information for each drainage area. If there are more than two drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below. Basin Information P.eceiving Stream Name ..Drainage Area 1 Trent River Drainage Area 2 Trent River Receiving Stream Class SB Sw NSW SB Sw NSW Drainage Area 11.38 AC. 5.04 AC Existing Impervious` Area 9.91 AC 5.04 AC Proposed Impervious Area 7.15 AC 2.79 AC °~ Impervious * Area (total) 62.8% 5J 4% Impervious" Surface Area On-site Buildings DrainagaArea 1 3.67 AC Drainage Area 2 0.44 AC On-site Streets 3.48 AC 2.35 AC On-site Parking On-site Sidewalks Other on-site Off-site " 1.23 AC Total: 7.15 AC Total: 2.79 AC impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. ** Off site impervious shown is treated offsite also (discharge is from adjoiner's wet detention basin). Form SWU-101 Version 3.99 Page 2 of4 .~ PART III, ITEM 1. DETAILED NARRATIVE BRIDGE POINTE BRIDGE POINTE DEVELOPMENT, LLC This project involves the development of a 16.42-acre parcel of land located along the James City waterfront at the confluence of the Trent and Neuse Rivers, opposite from downtown New Bern. The existing site contains the BridgePointe Hotel, and is approximately 95~ impervious overall. Work associated with the project includes preparation of the site for construction of 3 residential condominium buildings, a new marina office, the destruction of the existing hotel and construction of a new hotel. Modification of the existing stormwater management system, construction of an additional stormwater management system, parking and roads will also be performed. The disturbed area created by the proposed work includes most of the existing 16.42 acres. The project site is divided into two drainage areas for the purposes of stormwater management, with one area containing approximately 11.38 acres and located on the waterfront portion of the site, and the other containing approximately 5.04 acres and located on the landward portion of the site. The site is divided by an adjoining property that currently contains the Outback Steakhouse. Treated stormwater discharged from the Outback's wet detention basin passes through the existing onsite detention basin enroute to the Trent River. Because this stormwater is added to the drainage area 1 runoff, the drawdown time for the storm pool in this pond is set closer to the 5 day maximum limit. An existing stormwater wet detention basin serves the waterfront portion of the project site. The permanent pool of this basin has an existing depth ranging from approximately 2 to at least 6 feet deep. This basin will be modified to a 6 feet deep permanent pool, a new outlet structure will be installed, and designed to provide treatment for this portion of the project site and the Outback discharge mentioned above. A new wet detention basin is proposed to treat the stormwater runoff from the landward portion of the project site. The permanent pool is 4 feet deep. Both the existing (modified) and proposed basins provide the required SA/DA ratios as indicated by coastal stormwater chart 4, 90~o TSS removal. 2A OF 4 7. How was the off-site impervious area listed above derived? _ 1.23 acres is impervious portion of Outback Steakhouse site on adioinin~ property. Wet detention basin on the 2 03 acre site discharges through drainage area one (exishnQ) wet detention basm See NCDENR DWQ Permit SW7000927 IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS The following italicized deed restrictions and protective covenants are required to be recorded for all subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment. 1. Tire following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued h~ the Division of Water Quality. These covenants may not he changed or deleted without t)ze consent of the State. 2. No more than square feet of any lot shall he covered by structures or impeivinus nzate~zals. Iznpezvious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water szn face of swinnning pools. 3. Swales shall not he filled in, piped, or altered except as necessazy to provide dzzveway crossings. 4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted z~urzoff fironz outparcels nr future development s]zall be directed into the pez7nitted stoz7nwater control system. These connections to the stormwater control system shall he performed in a manner that maintains the integ-r7h~ and pezformance of the system as permitted. By your signature below, you certify that the recorded deed restrictions and protective covenants for this project shall include all the applicable items required above, that the covenants will be binding on all parties and persons claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot. V. SUPPLEMENT FORMS The applicable state stormwater management permit supplement form(s) listed below must be submitted for each BMP specified for this project. Contact the stormwater and General Permits Unit at (919) 733-5083 for the status and availability of these forms. Form SWU-102 Wet Detention Basin Supplement Form SWU-103 Infiltration Basin Supplement Form SWU-104 Low Density Supplement Form SWU-105 Curb Outlet System Supplement Form SWU-106 Off-Site System Supplement Form SWU-107 Underground Infiltration Trench Supplement Form SWU-108 Neuse River Basin Supplement Form SWU-109 Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 4 4 ~ VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the stormwater Management Permit Application Form • One copy of the applicable Supplement Form(s) for each BMP • Permit application processing fee of X420 (payable to NCDENR) • Detailed narrative description of stormwater treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number 8~ date -Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, spot elevations, finished floor elevations - Details of roads, drainage features, collection systems, and stormwater control measures - Wetlands delineated, or a note on plans that none exist - Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate authority to another individual or firm so that they may provide information on your behalf, please complete this section. Designated agent (individual or firm): Robert M. Chiles, PE PO Box 3496 New Bern, NC 28564-3496 (252) 637-4702 ofc 637-3100 fax bob@robertmchilespe. com VIII. APPLICANT'S CERTIFICATION I, (print or hype name of person listed in General Information, item 2)Joseph E. Thomas certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be r or d, and that the propose project complies with the requirements of 15A NCAC 2H .1000. Signature: ~. 5 \ 0 Date: c Form SWU-101 Version 3.99 Page 4 of 4 e ` ~ Permit No. (to be provided by DWQ~ State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT Tltis form mad be photocopied for use as ari original DWO Stormwater Management Plan Review A complete stonnwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project I~Tame: BRIDGE POINTE Contact Person: Robert M. Chiles PE Phone Number: (252) 637-4702 For projects with multiple basins, specify which basin this worksheet applies to:__ Drainage Area 1 elevations Basin Bottom Elevation ft. Permanent Pool Elevation ft. Temporary Pool Elevation ft. Areas Permanent Pool Surface Area Drainage Area ac. Impervious Area ac. -3.0 (floor of the basin) 3.0 (elevation of the orifice) 4.5 (elevation of the discharge structure overflow) 24,700 sq. ft. (water surface area at the orifice elevation) 11.38 (on-site and off-site drainage to the basin) 7.15 (on-site and off-site drainage to the basin) volumes Permanent Pool Volume cu. ft. 116,100 (combined volume of main basin and forebay) Temporary Pool Volume cu. ft. 39,300 (volume detained above the per-maraer~t pool) Forebay Volume cu. ft. 23,400 (approximately 20% of total volume) Other parameter s SA/DA~ (Chart 4) 3.65 (surface area to drainage area ratio from DWQ table) Diameter of Orifice in. 2_0 (2 to 5 day temporary pool draw-down require Design Rainfall 1 in. Design TSS Removal 2 90 % (minimum 85% required) Fonn SWU-102 Rev 3.99 Page 1 of4 Footnotes: When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for nonstandard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90%TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. licants Initials . The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). . The forebay volume is approximately equal to 20% of the basin volume. The temporary pool controls runoff from the design storm event. / The temporary pool draws down in 2 to 5 days. If required, a 30-foot vegetative filter is provided at the ountleLt (includ/e non-erosive flow calculations) f. The basin length to width ratio is greater than 3:1. ~`'~ - ! " e~ ~-sS US tct ,~ g. ~ The basin side slopes above the permanent pool are no steeper than 3:1. No ~~ h. ~v A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). 5~.~ l~ p~escNt' i. ~ Vegetative cover above the permanent pool elevation is specified. 2. ,~.jAcervT :o Pus~lc j. ~ A trash rack or similar device is provided for both the overflow and orifice. MtvE ~,4 ~,~` ss k. No A recorded drainage easement is provided for each basin including access to nearest right-of--way. 1. ~If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. rn~ '~~A mechanism is specified which will drain the basin for maintenance or an emer enc g Y III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check o~ie) O doesJ~ does not incorporate a vegetated filter at the outlet. This system (check one) O does does not incorporate pretreatment other than a forebay. Fonn S~'U- ] 02 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 1. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 2. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 3. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads 4.5 When the permanent pool depth reads 4.5 feet in the main pond, the sediment shall be removed. feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) Permanent Pool Elevation 3 Sediment Bottom El. - I. S 17~ ------------ on - 3 SedimentRe.moval Elevation-~'S Bottom Elevation ' 3 FOREBAY MAIN POND 750.0- "~a,o 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perfornl maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form S WU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basis. _~~s'r.m ;call re maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Mr. Joseph E. Thomas Title: Member/Manager Address: 1315 So. Glenburnie Rd. New Bern, NC 28561 Phone: Signature: Note: (2~ 637-7985 ~~ Date: ly responsible party should not be a homeowners association unless more than 50% of the lots have : of the subdivision has been named the president. The 1 been sold and a resi I, ~--15C~ ~ . ~b 2(~ p , a Notary Public for the State of ter--I-~ cAl'~~ l ('~,~County of C f~,l(I~.h , do hereby certify that S45~ph ~ - 1 r~-' Mc~S personally appeared before me this day of ~"~ ~ OZ~o ,and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, \\\\``~~1~11111II f!l// j~~~i `\\\~P~, M o2~~Ci,,~~/ v ' ~OTARy~~' _ ~9s pUe~~G ~.~ ~~~~ ~ i / / /F N / C I o I v 1 N . ~ ` \ \ \ `~ SEAL My commission expires 5 ~ I ~ I a~ l Form SWU-102 Rev 3.99 ~~~~ Page 4 of 4 Permit No. (to be provided by DWQ) State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATION FORM WET DETENTION BASIN SUPPLEMENT TI2is form may he photocopied for use as an original DWO Stormwater Management Plan Review A complete stormwater management plan submittal includes an application form, a wet detention basin supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT INFORMATION Project Name: BRIDGE POINTE Contact Person: Robert M. Chiles PE Phone Number: X252) 637-4702 For projects with multiple basins, specify which basin this worksheet applies to: Drainage Area 2 elevations Basin Bottom Elevation ft. 1.0 (floor of the basin) Permanent Pool Elevation ft. 5.0 (elevation of the orifice) Temporary Pool Elevation ft. 6.0 (elevation of the discharge structure overflow) Areas Permanent Pool Surface Area 12,588 sq. ft. (water surface area at the orifice elevation) Drainage Area ac. 5.04 (on-site and off-site drainage to the basin) Impervious Area ac. 2.79 (on-site and off-site drainage to the basin) volumes Permanent Pool Volume cu. ft. 31,000 (combined volume of main basin and forebay) Temporary Pool Volume cu. ft. 13,250 (volume detained above the permanent pool) Forebay Volume cu. ft. 5,950 (approximately 20% of total volume) Other parameters SA/DA1(Chart 4) 5_3 (surface area to drainage area ratio from DWQ table) Diameter of Orifice in. 1_5 (2 to S day temporary pool draw-down required) Design Rainfall 1 in. Design TSS Removal 2 90 % (minimum 85% required) Form SWU-102 Rev 3.99 Page 1 of4 Footnotes: When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for nonstandard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter maybe waived if the wet detention basin is designed to provide 90%TSS removal. The NCDENR BMP manual provides design tables for both 85%TSS removal and 90% TSS removal. II. REQtiIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. Applicants Initials a ~ .The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b~?. The forebay volume is approximately equal to 20% of the basin volume. c The temporary pool controls runoff from the design storm event. d• The temporary pool draws down in 2 to 5 days. e. ^t~~- If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow calculations) f. The basin length to width ratio is greater than 3:1. C ~ U0~ TS (JS ~~ g The basin side slopes above the permanent pool are no steeper than 3:1. h• -~ A submerged and vegetated perimeter shelf with a slope of 6:1 or less (show detail). ~~,J ~ ~' `=~ J R~Gg/uT TO i. Vegetative cover above the permanent pool elevation is specified. v / J• A trash rack or similar device is provided for both the overflow and orifice. k• Q A recorded drainage easement is provided for each basin including access to nearest right-of--way. 1. ~ If the basin is used for sediment and erosion control during construction, clean out of the ~/f basin is specified prior to use as a wet detention basin. m• (~" ~~ A mechanism is specified which will drain the basin for maintenance or an emergency III. WET DETENTION BASIN OPERATION AND MAINTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) ~ does does not incorporate a vegetated filter at the outlet. This system (cl:eck one) Q does does not incorporate pretreatment other than a forebay. Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 1. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 2. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 3. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to deternine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the permanent pool depth reads _3 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads _3 feet in the forebay, the sediment shall be removed. BASIN DIAGRAM (fill in the blanks) p Permanent Pool Elevation ~ 5. Remove cattails and other indigenous wetland plants when they cover 50% of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Sedim ent Re oval El. 2 7j ,o -------------- - SedimentRemoval Elevation ~ - 7~°,'0 Bottom Ele •ation / o,o ______________________________________ Bottom Elevation / _'j°,'u FOREBAY MAIN POND Form SWU-102 Rev 3.99 Page 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. I acknowledge and agree by my signature below that I am responsible for the perforn~ance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Print name: Mr. Joseph E. Thomas Title: Member/Manager Address: 1315 So. Glenburnie Rd. New Bern, NC 28561 Phone: (2,~L~ 637-79 Signature ~~ Date: J ` ©~ NOte: The le lly responsible party should not be a homeowners association unless more than 50% of the lots have been sold and a resident of the subdivision has been named the president. I~ ~( ~,,~/~~ ~~~ - ~~ ~ ~0 , a Notary Public for the State of (~pf~ \LhJ~C.~~t~}~-~-,,, County of C y~(~'~ , do hereby certify that ~o~-,~h ~ • - Y `~~"`~~S personally. appeared before me this day of o~.~(o, and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, \\~~~~111tf 111111/ll~~b ~~~~~ 8' M ~2/ ~~~~i v~ ~OTARy:O s =~' 9•• A~/BL,G ~ SEAL My commission expires ~ ~ ~ a-~ Form SWU-102 Rev 3.99 ~~~~ ~is~B hl~~n~ya Page 4 of 4 SUPPLEMENTAL DRAWING PORTION OF USGS QUADRANGLE NEW BERN t a' ~~ ~ ~ ~` $6t0[1 aaon,+o • ~ i s _ ... ip . • ~.eRl ' 4 ~ ~~ ~ ~ ^i y = t ,i ^ x I )fin; J{ (trove & ~ : ~ e: ~ ;t ~ Kt s #. pplLpCR.- .. ~•y ~ a- i-~''...- T ~ . ~ / r •~ ~ ~ ', ~ ~ ~` 1 - ~~ ~ ' rUtti017 PO~IJT ~„ ' ar~ck Poor _~• - « +_ ~,.~.-: 'qtr _ ~ ~. o - .~ir - ~+ -.,~ "a' + "'" ~ -'~ 1r ~ ~i- - '~ ' _ rir - I .wr .r ~~ ~~ _ ~ 4r.~ } . _ . ,w~.~. ~~~ - ~. , ~M 10 ~~~~ `4 , .y. ,l ..~ _" :y;, •~ +yM. - - - ~ t " ~ .. ' ~~ ~~ , ' '~. ~- _.. ~, 0 ~ i~ . ~ •: 19X G~ 3'Dd~t- ~ ' ~ 10 ~ IMee ';~i~fJ ~' JI'!n~ ; ,~ ~• ,. t i • ~ • t • t ~ ~ e 3 '' a ~ ~ ION •AM ~~ ~\ 1Aeeter .. ~. ~~ __" ~ ~ I ~• - . - ~ 1 • ~ ~ i 831 n ~ ~ ~~ s v Name: NEW BERN Date: 4/21/2006 Location: 035° 05' 51.6" N 077° 02' 17.3" W Scale: 1 inch equals 2000 feet Caption: BRIDGEPOINTE SITE NEW BERN, NC ~cl MANAGEMENT PLAN NARRATIVE PROJECT DESCRIPTION This project involves the development of a 16.42-acre parcel of land located along the James City waterfront at the confluence of the Trent and Neuse Rivers, opposite from downtown New Bern. The existing site contains the BridgePointe Hotel, and is approximately 95% impervious overall. Work associated with the project includes preparation of the site for construction of 3 residential condominium buildings, a new marina office, the destruction of the existing hotel and construction of a new hotel. Modification of the existing stormwater management system, construction of an additional stormwater management system, parking and roads will also be performed. The disturbed area created by the proposed work includes most of the existing 16.42 acres. PHASED CONSTRUCTION Construction of this project is proposed to be divided into three phases. Understanding the phases requires knowledge of the assumed building numbering that is as folows; building one is located on the peninsula, building two is located south of building one, and building three is located where the existing hotel is currently. The location of these three buildings is within the waterfront portion of the project site (north of Outback Steakhouse) .The proposed hotel will be located on the landward portion of the project site (south of Outback Steakhouse). During phase one, the existing stormwater basin will be modified to the proposed dimensions, a new outlet structure constructed, the proposed forebay wall constructed, and the stormwater pipe network for buildings one and two installed. Construction of buildings one and two will follow, with appropriate site preparation and manipulation. Both proposed driveways and connecting road portions will also be constructed during this phase to the extent that access to the existing hotel, the new buildings, and Outback Steakhouse will be established or improved. Phase two will probably begin with demolition of the existing hotel and associated improvements, and conclude with the construction of building three. Replacement of the existing wooden bulkhead will occur during this phase. Note, the alignment of the existing wooden bulkhead shall not change, however, in portions of the alignment, the height of the structure will be increased. Replacement or new construction of sidewalks immediately behind the bulkhead (similar to those already present), new connections to the existing marina, and other provisions required to provide public access along the bulkhead will be installed. The stormwater pipe network intended to serve building three will be installed toward the beginning of this phase. Construction of the proposed new stormwater basin and associated pipe network will initiate phase three. Construction of the proposed hotel, attendant parking and drives will follow. It is unclear which phase will involve the demolition of the existing dock master's/marina office or during which phase construction of the proposed dock master/marina office will occur. It is anticipated that construction of the new office will precede demolition of the NARRATIVE (cont'd) existing office, with construction probably occurring as a final portion of phase one. Accordingly, demolition of the existing office will likely occur during the demolition portion of phase two. Depending upon information that arises during construction, phases two and three as described above may be reversed. It is also likely that there will be some overlap of activities within the phases herein described. Phases one and two construction is primarily located within drainage area one, and improvement or modification of the existing stormwater system will be correspond with the proposed construction. Phase three construction is contained entirely within drainage area two. Construction of the stormwater system proposed for this drainage area will occur prior to construction of any impervious surfaces other than roads. SITE DESCRIPTION The project site is located along the James City waterfront at the confluence of the Trent and Neuse Rivers, opposite from downtown New Bern. The site contains 16.42 acres, and is divided into drainage areas by the adjoining property containing the Outback Steakhouse. Drainage area one contains 11.38 acres and is the waterfront portion of the site. Drainage area two contains 5.04 acres and is the landward portion of the site. Jurisdictional wetland areas are located waterward of the existing bulkhead, near the existing hotel, along a portion of the drainage feature located between the site and US 17/70 Business, and within the adjacent railroad right-of-way. ADJACENT PROPERTY The site is bounded to the north by the Trent River, the east by US Highway 17/70 Business, to the south by Howell Road, and to the west by a Norfolk Southern/East Carolina Railroad right-of-way. SOILS According to the USDA Soil Survey of Craven County, soils at the project site are classified as Udorthents, loamy (Ud) and a fill area. Site specific geotechnical investigations have been performed and the report of findings is available for review upon request. MAXIMUM ALLOWABLE IMPERVIOUS AREA The stormwater management system is designed to meet the requirements for the proposed re-development of the site as indicated on the stormwater plans. Proposed impervious percentages were rounded to the next highest S% to provide an allowance in the system for minor changes in the building and attendant road alignments that may arise during plan finalization. NARRATIVE (cont'd) COMPLIANCE CERTIFICATION Upon completion of construction and prior to operation of this stormwater Management System, the design Engineer shall submit to the Division of Water Quality a certification stating that the permitted facility has been installed in accordance with the approved drawings, specifications, and any additional supporting documentation. STORMWATER BEST MANAGEMENT PRACTICES SYSTEM OVERVIEW The stormwater management system proposed for this site consists of pipes and two wet detention basins. One wet detention basin is located in each of the proposed drainage areas. The basins are sized to treat the runoff from their respective drainage areas at buildout. The basin in drainage area 1 is an existing pond that is slightly modified to include a forebay wall, a re-established 6-feet deep permanent pool, and a new outlet structure. The basin in drainage area 2 is designed with a permanent pool depth of four (4) feet, and side slopes according to current DWQ design standards. The basins discharge into an existing roadside Swale that discharges to the Trent River a tributary of the Neuse River. WET DETENTION BASINS The ponds shall be located as shown in the stormwater drawings and constructed or modified as indicated in the applicable details. Basin one is intended to retain asix-feet deep permanent pool of water with a surface at elevation 3 feet. Basin two is intended to retain afour-feet deep permanent pool of water with a surface at elevation 4 feet. The design bottom elevations are -3 feet and 0 feet, respectively. The maximum temporary storm pool elevations are at 4.5 feet in basin one and 5 feet in basin two. Discharge risers shall be installed in the ponds as indicated and detailed in the stormwater drawings. The riser in basin one shall be constructed using 3 runs of 24-inch diameter reinforced concrete pipe, and aesthetically incorporated into the proposed retaining wall adjacent to the basin. The discharge structure in basin two shall be constructed using a 4- foot diameter corrugated metal riser and a 36-inch diameter discharge pipe constructed of the same material. Pipe inverts, riser crests, discharge orifices, and pipe slopes are indicated on the stormwater drawings. Rip rap outlet protection shall be installed where the stormwater pipes discharge into the basins and outlet swales. The rip rap shall be placed at a thickness that is approximately 1'/2 times the nominal size of the stones or six inches, whichever is greater. The area where rip rap is proposed for installation shall be undercut so that the resulting rip rap surface is at or slightly higher than the grade indicated in the stormwater drawings. See the rip rap outlet protection detail on the stormwater drawings for other dimensions. i CALCULATIONS The following calculations are presented by drainage area. The calculations assume that all roof drains from the proposed buildings are connected to the stormwater pipe network and directed through the respective stormwater basin. Drainage Area 1 Project Area 1 1.38 acres Impervious (buildings) 3.67 acres Impervious (pavement, sidewalks) 3.48 acres Lawns, Landscape, woods, etc. 4.23 acres Off-site area entering pond (Discharge from Outback Steakhouse stormwater system) PERMANENT POOL SURFACE AREA REQUIRED /PROVIDED Projected Percent impervious Proposed Permanent Pool Depth SA/DA Ratio (Chart 4, 90% TSS Removal) Surface Area Required = 495,700 x 3.65 / 100 Surface Area Provided STORM POOL STORAGE VOLUME REQUIRED /PROVIDED 1"Runoff from Impervious Area (31 1,500 sq, ft., Proposed) 311,500 sq. ft. x 1 / 12 ft = 1 "Runoff from Pervious Area (20% Runoff Coefficient) 184,200 sq. ft. x 0.20 = 36,840 sq. ft. 36,840 sq. ft. x 1 / 12 ft = Total Volume Required: Storm Volume Provided (Estimated) _ STORM POOL DRAWDOWN (1 Inch Rainfall) Orifice Flow Cd = Orifice = A = h = Note: Calculated daily discharge rate Inflow from Outback (Outback's drawdown rate) Realized discharge rate 0.60 2.0" dia. hole 0.0218 sq. ft. 32.2 ft/sec 0.75 ft. (0-18" rise avg.) 495,700 sq, ft. 159,900 sq. ft. 151,600 sq. ft. 184,200 sq. ft, 88,580 sq. ft. = 62.8 % (use 65%) = 6.0 ft. = 3.65 = 18,093 sq. ft. = 24,700 sq. ft. 25,958 cu. ft. 3,070 cu. ft. 29,028 cu. ft. 39,300 cu. ft. Q = CdAf2gh Q = 0.0909cfs Q = 5.45cfm 1`~t~'~ Q = 327 cfh ~\\~N C q ~~~/~ Q = 7,854 cfd\~~~Q,'~o~E$Sj~•~1~~/~ ~O• 7,854 cfd =? ~ Q~ ~~ S' SEAL •~~ ; 1,604 cfd ~ 28925 6,250 cfd ~ ~ ~ •: ~r'~iC S;G1N~~ ~~~` Drawdown: 29,028 cu. ft. stored runoff / 6,250 cu. ft./day = 4.64 days l/~~~{, ~,1~~\ ,; CALCULATIONS (cont'd) Drainage Area 2 Project Area 5.04 acres Impervious (buildings) 0.44 acres Impervious (pavement, sidewalks) 2.35 acres Lawns, Landscape, woods, etc. 2.25 acres Off-site area entering pond PERMANENT POOL SURFACE AREA REQUIRED /PROVIDED Projected Percent Impervious Proposed Permanent Pool Depth SA/DA Ratio (Chart 4, 90%TSS Removal) Surface Area Required = 219,540 x 3.65 / 100 Surface Area Provided STORM POOL STORAGE VOLUME REQUIRED /PROVIDED 1"Runoff from Impervious Area (104,350 sq. ft., Proposed) 104,350 sq. ft. x 1/12 ft = 1"Runoff from Pervious Area (20% Runoff Coefficient) 98,000 sq. ft. x 0.20 = 19,600 sq. ft. 19,600 sq. ft. x 1 / 12 ft = Total Volume Required: Storm Volume Provided (Estimated) _ STORM POOL DRAWDOWN (1 Inch Rainfall) Orifice Ffow Cd = Orifice = A = 9 = h = 0.60 1.5" dia. hole 0.0218 sq. ft. 32.2 ft/sec 0.50 ft. (0-18" rise avg.) 219,540 sq. ft. 19,100 sq. ft. 102,440 sq. ft. 98,000 sq. ft. 0 sq. ft. = 55.4 ~ (use 60%) = 4.0 ft. = 5.30 = 1 1,636 sq. ft. = 12,588 sq. ft. 8,696 cu. ft. 1,633 cu. ft. 10,329 cu. ft. 13,250 cu. ft. Q = CdAf2gh Q = 0.0419cfs Q = 2.51 cfm Q = 151 cfh Q = 3,618 cfd Drawdown: 10,329 cu. ft. stored runoff / 3,618 cu. ft./day = 2.85 days ~~v~N6CAR~~/~ ~~~~-4oFfc83i0 ~1~~~~ `~ 28925 ~'~'~~ E; t ! 11\~\ CALCULATIONS (cont'd) ELEVATIONS OF PROPOSED WET DETENTION BASIN ELEMENTS (NAND '88) Drainage Area 1 Bottom Elevation -3.0' Permanent Pool Elevation 3.0' Storm Pool Elevation 4.5' Outlet Riser Crest (Emergency Spillway) 4.6' Top of Bank Elevation 5-8.0' Drainage Area 2 Bottom Elevation ~ 0' Permanent Pool Elevation 5.0' Storm Pool Elevation 6.0' Outlet Riser Crest (Emergency Spillway) 6.1' Top of Bank Elevation ~ p~ MAINTENANCE CONSTRUCTION PHASE The Owner shall ensure that all erosion and sediment control measures are installed prior to the start of construction. Their proper operation shall be checked not less than once every week during construction, and following every runoff-producing rainfall. All deficiencies shall be repaired immediately and in accordance with the permitted Erosion and Sediment Control plan. The stormwater management system shall be constructed in its entirety, vegetated, and made operational for its intended use within the appropriate drainage area prior to the construction of any impervious surfaces other than roads. At least weekly during, and at the close of the construction phase of the project, the wet detention basin shall be inspected, repaired as needed, cleaned of sediment and trash, and otherwise restored to the design grades. The inspections shall include the following: • Check the embankments for erosion damage, (i.e., loss of vegetative cover, piping, sloughing, settlement) • Check the wet detention basin outlet structure for proper function, damage and/or blockages. • Check the basins for accumulated sediment, trash and other debris. • Check the wet detention basin fences for accumulated trash and damage. Any damages discovered during an inspection shall be repaired immediately. Re- sod/reseed/replant bare areas as needed to maintain specified vegetative coverage. Regrading or repairing of the side slopes shall include re-seeding, trimming and/or mowing, as needed. All necessary repairs shall be performed prior to close-out of the construction phase. MAINTENANCE (cont'd) ROUTINE MAINTENANCE The Owner shall maintain a copy of the approved stormwater drawings and specifications for a period equal to the life of the permit unless otherwise required by the permit. The Owner shall properly maintain and operate, or provide for the maintenance and operation of the approved stormwater management system at all times to assure the optimum working order, performance and efficiency of the system. If there is a failure of this system to perform satisfactorily, including the creation of nuisance conditions, the Owner shall take corrective actions immediately, including those as may be required by the Division of Water Quality, such as the construction of additional or replacement stormwater management system. The Owner shall maintain records of all maintenance activities and these shall be made available, upon request, to authorized personnel of the Division of Water Quality. These records shall indicate the date of the activity, the name of the person performing the work and what actions were taken. The Owner shall not fill in, alter, or pipe any vegetative practices (swales, ponds) shown on the approved drawings as part of the stormwater management system without submitting a revision to the stormwater permit and receiving approval from the Division of Water Quality. Also, the following items will require a modification to the permits: transfer of ownership, project name change, redesign or addition to the approved impervious surfaces area, and any revision to the approved plans. The Division of Water Quality may determine that other revisions to the project require a modification to the permits. Mowing The side-slopes, embankments, buffer areas, and other grassed areas shall be mowed as required to maintain a maximum height of six inches during the main growing season and at least two other times during the year to prevent woody growth and to control weeds. Inspections The Owner shall inspect the stormwater management system after every significant runoff-producing rainfall event and at least; Monthly for (but not limited to) the following: sediment accumulation; trash accumulation; erosion, subsidence, cracking or bare areas on embankments or side slopes; obstructions or clogging of the stormwater pipe culverts, the wet detention basin outlet structures and discharge pipe outlets; MAINTENANCE (cont'd) Quarterly in addition to the monthly requirements: for permanent pool depth; for the condition of all swales, rip-rap, and ditches. Semi-annually in addition to the quarterly requirements: to ensure the intended function is still provided; to determine the rate of sediment accumulation; to check the condition of the fences; for any modifications which have occurred to the contributing watershed (beyond those proposed) that will increase the amount of runoff directed to the system. Inspections shall be carried out with the approved stormwater plans (specifications and drawings). Occasionally inspections shall be conducted during wet weather, or times of extreme weather to determine if the system is functioning properly and if not, to identify problem areas. Deficiencies identified during inspections shall be corrected immediately. Erosion Control Corrective measures and repairs shall be done immediately to the project area and stormwater management system where settlement, sloughing, and/or erosion have occurred. Re-sod, reseed or replant as necessary to maintain good vegetative cover. All repairs shall be done in accordance with the approved erosion and sediment control and stormwater management plans. Sediment Removal. Sediment removal from the wet detention basin shall be performed when the basin's permanent pool is reduced to 75~ of the original design depth, unless otherwise specified by the permitting agencies. The measuring device used to determine the wet detention basin's permanent pool depth shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. Drainage Area 1 When the permanent pool depth reads 54 inches (4.5 feet) in the main pool, the sediment shall be removed. When the permanent pool depth reads 54 inches (4.5 feet in the forebay, the sediment shall be removed. MAINTENANCE (cont'd) Drainage Area 2 When the permanent pool depth reads 36 inches (3 feet) in the main pool, the sediment shall be removed. When the permanent pool depth reads 36 inches (3 feet) in the forebay, the sediment shall be removed. Sediment removal from other portions of the stormwater system shall occur when accumulations affect system function and/or designed grades. The Owner shall ensure that removed sediment is disposed of in accordance with applicable regulations and that it is not handled in a manner that will adversely impact water quality (i.e., stockpiling near a wet detention basin, discharging into or near a stream, wetlands, etc.). Debris and Litter Removal Debris and litter removal from the wet detention basin shall be included as a part of the inspection process and periodic mowing operations. Particular attention shall be paid to areas around drainage structures where debris may cause clogging/obstructions. All trash and debris removed shall be disposed of in accordance with applicable regulations. NON-ROUTINE MAINTENANCE: Emergency Draining The Owner shall have a pump(s) available that is (are) capable of draining the wet detention basins for maintenance activities in the event that the decant structures become clogged or for other emergency situations. If a basin must be drained in this manner, then the flushing of sediment through the outlet shall be minimized to the maximum extent practical. Structure Repairs and Replacement. The Owner shall replace all deteriorated inlet/outlet works when deterioration from use or age causes them to fail and/or function improperly. MAINTENANCE COST: The Owner shall be responsible for all costs associated with the maintenance (routine or otherwise) and operation of the stormwater retention pond/wet detention basin system. RESPONSIBLE PARTY I acknowledge and agree by my signature below that Bridge Pointe Development, LLC is responsible for all maintenance procedures listed above, and all incurred costs of construction and annual maintenance. I agree to notify NCDENR, Division of Water Quality of any problems with the system or prior to any changes that will require a modification to the permit. Name of Owner/Responsible Party: Bridge Pointe Development, LLC Address: 131 S So. Glenburnie Rd. New Bern, NC 28561 Phone Number: (252) 637 - 7985 Name 8~ Title: Mr. Joseph E. Thomas ber/M Hager Signature: ~` Date: ~ S.O rrII Notary Public: I, ~-I SQ ~ - ~~Z(~X> a Notary Public for the State of r--~-}'~ Count of -~ ~~Inc~ y --~-~'-~ , do hereby certify that personally appeared before me this~ay of - 20~C~, and acknowledged the due execution of the foregoing stormwater system maintenance requirements. Witness my hand and official seal. otdry Public SEAL r~~k3. ~(ozr n5a My commission expires: ~ jg ~ a~c~ DRAWINGS DRA-WINGS NCDOT Standard Drawings 840.02 and 840.14 BRIDGE POINTE STORMWATER MANAGEMENT PLAN (See Sheet Names Below) FOR BRIDGE POINTE DEVELOPMENT, LLC prepared by ROBERT M. CHILES, P.E. SW 1.00: Existing Conditions SW 1.10 : Proposed Conditions SW 1.20 : Proposed Pipe Network SW 1.30 : Drainage Area 1 SW 1.40 : Drainage Area 2 ~, ~ '~'N `unra~NU - ~, w Ivv1~1/uU ~ NOIlb'1li0dSNbal d0 "1d30 dNIlOlib'0 H1dON N m J Q N O p H ¢ ¢ m ° Wh Nm O < W O^ .' O : X < . 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C. 3dId „~S flliHl „Z l NISdB HO1d0 313bON00 a0d JNIMb'!i0 OlidONb'1S HSIl9N3 O 7 .-r W 7 w a Z , O m H ~ ~~ U W o ~ ~ W 2 ~ 3 z NN o Q wv° = 00 f~ O 0 N o ~ ~" B a I QI a ~ ~ v ~ < a ~, U ~ W ~ v ~I I ( ' W .~ r I ?_ ¢ 0 1 ~n W L J ~ i ~ ~ j 7 i.:.: ~I. ~ m . y ZI a yL _ I ~ j 7~ ° .•~? OZ fW°Q 00 H I I-- {~•- ,m, W U i w ~_ ~ a I `D - C7 ~"' a Z fn m ~ 1 -r Z a .~ . ~ ~' - o = U ~ } _ ° o ~ ~ fq Q 0 ~^ ^.~ c r J Cn W MN U ¢W t WLL W W.-. ~ (/) w Q 2 ¢ > ¢ W OO W.r w ¢> - ..9 ENGLISH STANDARD DRAWING FOR CONCRETE CATCH BASIN N N oo 12" THRU 54" PIPE ~ p ~~ W I = GD I OI I I ¢ WI i y ' I ''1"N `unT»Nu ' ~~~~~~~> >V IvU1Jl/11U NOIldlaOdSNb'al d0 '1d30 b'NIl0ad0 Hl!!ON d0 31b'1S ~--r W Z J W F- tl 0 W N `~~ ~ w W w V ~ a _ W ~. 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BASIN 12" THRU 54" PIPE N O O tt NN o ~ N O ~~ W oD O W S S W a W W v z LL O h O i w m m N N I Q 2 S _ , N Y '0'N `HDT~~HU T "'0)1 t~~~_tiOdSNbti1~ d0 ' 1d30 dNIlOtidO H1dON d0 31t/1S m ¢ W W < _ ~ J Q N N ZO ~+ 2 W ~ of ~ 0 0 < ~ mm m < m m - ~o No e o •~ ¢~ i m ZW FZ O O y i Q m Q 00 - N ,a J N ~ 8 Hp y W IL¢ W ~ Y s '~ O Z UO d41 H O W ~O °~ ~w m m '+' ..y „z,3 a= i ~ Ww J UO ~ F- O Z Y o3 N O m d W m~ V , S O O = ^ 2 ¢ >U O U ~ _ 2Q Y H~ H ~ 3 .O ~ ~ Q W ~ Wm O ~"• H 2~ ¢ % O C Q ~ W N Z W J6 OU O W U O - U • Z 20 p a O CN ~~ S O a O y j 0 ~< U H U OW ¢ H UO W D = ~ O = W Om O 4 iQ ¢ Om m ~ X 'L O ~ ~' J ON LL UZ a 3 Z~ O¢ J ~ N W JI- ~ LL02 U N WQ Q 2 U OU LL WS ~ ~ O ¢ QO LL ii O .J a0 O~ N ~W"Q U w r=i y° ~ + p W S a W W x 3 I N STATE OF ~~~ NORTH CAROLINA DEPT. OF TRANSPORTATION DIVISION OF HIGHWAYS RALEIGH, N.C. 3dId „OE f1~1H1 „Z~ 131NI d0liQ 313aON00 - _ _ d0_~ JNIMd~JO 0lib'ONb'1S HSIl9N3 m a i n ~v~ J \\~ j~nJ m W O D ..Z~ =i0 ~ ~OIQ W U INII' ¢ O C ~ Zra-. O C z o a o M W ~_ ~I~; = 70 ~ pI~ O • W U O O H O ~~ N m Z : -~ ~- _ O oy`a IA m u9 W ,„ X B~ O O ^ I I tl1 O O Q ¢ m i. b m} m~ M d= l N \ tD "~ ~ ~ W J M N ~ J m z Q W O O Z .-. ~ O 3 --- I y U U ~ O N ¢ O a l NI / m (( x M U ~ F- J N o LL =~ ¢ m ~/ a p _ /~ v/ l I // ~ N N N ~ .-ai H I mI 2 O Z U O LL .~. ~' W E ~ H ... ~ O H J O = a w m 1~- w O a Q W U .N•. Y ~ H O ~ J H ~ ,a w O ¢ ~ O m (O O > X g ~ w X -- ~ ~ \ I J ~ ~~ ~ ~ ' < ~ U ¢ W = I -- ~ 3 I ml I w F- L~ o ., 4 z w W W H 9 ENGLISH STANDARD DRAWING FOR CONCRETE DROP INLET 12" THRU 30" PIPE ~~ p IN .- ,~. T ~~ w OD m Ilpl nl I O O NI N I I I 'd' i r O ~ i ~ ,' i C~u~~v~ ~ ~" _ , r Q `~ (i William G. Ross Jr., Secretary ~ r North Cazolina Department of Environment and Natural Resources ~ .~ Alan W. Klimek, P.E. Director Division of Water Qualify June 2, 2006 ~ ~ - 17 ~ 2~ V a Mr. Joe Thomas, Member/Manager Bridge Pointe Development, LLC 1315 So. Glenburnie Rd. New Bem, NC 28561 Subject: Stormwater Permit No. SW7060520 Bridge Pointe High Density Project -Redevelopment Craven County Dear Mr. Thomas: The Washington Regional Office received a complete Stormwater Management Permit Application for Bridge Pointe Redevelopment on May 19, 2006. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Reggulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7060520 dated June 2, 2006, for the construction of the subject project. This permit shall be effective from the date of issuance until June 2, 2016, and shall be subject to the conditions and limitations as specified therein. Please pay special attention to the Operation and Maintenance requirements in this permit. Failure to establish an adequate system for operation and maintenance of the stormwater management system will result in future compliance problems. If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 1506 of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611- 7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Scott Vinson, or me at (252) 946-6481. Sincerely, I ~>... ~- AI Hodge O 1 '~ Regional Supervisor Surface Water Protection Section AH/sav: C:\STORMWATER\PERMIT\SW7060520 cc: Rober M. Chiles, PE u ~~ New Bern Building Inspections ~11M~ Washington Regional Office U l'! D Central Files A(lG ~ ~ 9 2on6 ~tu a all~~~q North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 F T~'~ ~ t mcr Service Internet: www.ncwaterquality.org 943 Washington Squaze Mall, Washington, NC 27889 """'~rOI~My~,~~~ 748 An Equal OpportunitylAffirmative Action Employer- SD% Recycled110% Post Consumer Paper State stormwater Management Systems rciiiu~ivv. ovv~vuu:~w STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Bridge Pointe Development, LLC Bridge Pointe Craven County FOR THE construction, operation and maintenance of two wet detention ponds in compliance with the provisions of 15A NCAC 2H .1000 (hereafter referred to as the "stormwater rules' and the approved stormwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until June 2, 2016, and shall be subject to the following specified conditions and limitations: I. DESIGN STANDARDS 1. This permit is effective only with respect to the nature and volume of stormwater described in the application and other supporting data. 2. This stormwater system has been approved for the management of stormwater runoff as described in Section 1.6 on page 3 of this permit. The stormwater controls have been designed to handle the runoff from 9.94 acres of impervious area with existing 1.23 acres of off-site area. 3. The tract will be limited to the 9.94 acres of built-upon area within the total project area of 16.42 acres as indicated on the application and per approved plans. 4. All stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 5. The runoff from .all built-upon area within the permitted drainage areas of this project must be directed into the permitted stormwater control systems per approved plans. Page 2 of 7 State stormwater Management Systems Permit No. SW7060520 6. The following design criteria have been provided in the wet detention pond and must be maintained at design condition: Pond 1 Pond 2 a. Drainage Area, acres: 11.38 5.04 b. Total Impervious Surfaces, ac: 7.15(+1.23off--site) 2.79 treated sw c. Design Storm, inches: 1.0 1.0 d. Pond Depth, feet: 6.00 4.00 e. TSS removal efficiency: 90% 90% f. Permanent Pool Elevation, FMSL: 3.00 5.00 g. Permanent Pool Surface Area, ft2: 24,700 ~i2,588 h. Permanent Storage Volume, ft3: 116,100 31,000 i. Permitted Forebay Volume, ft3: 23,400 5,950 i. Temporary Storage Elevation, FMSL: 4.50 6.00 j. Temporary Storage Volume, ft3: 39,300 13,250 k. Controlling Orifice: 2.0" ~ pipe 1.5" ~ pipe I. Receiving Stream/River Basin: Trent River / Ne use m. Stream Index Number: 27-101-(39) n. Classification of Water Body: "SB; Sw, NSW" II. SCHEDULE OF COMPLIANCE 1. The stormwater management systems shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built-upon surface. 2. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to: a. Semiannual scheduled inspections (every 6 months). b. Sediment removal. c. Mowing and revegetation of slopes and the vegetated filter. d. Immediate repair of eroded areas. e. Maintenance of all slopes in accordance with approved plans and specifications. f. Debris removal and unclogging of outlet structure, orifice device, flow spreader, catch basins and piping. g. Access to the outlet structure must be available at all times. Page 3 of 7 State stormwater Management Systems Permit No. SW7060520 4. Records of maintenance activities must be kept and made available upon request to authorized personnel of DWQ. The records will indicate the date, activity, name of person performing the work and what actions were taken. 5. The facilities shall be constructed as shown on the approved plans. This permit shall become voidable unless the facilities are constructed in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 6. Upon completion of construction, prior to issuance of a Certificate of Occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying.that the permitted facility has been installed in accordance with this permit, the approved plans and specifications, and other supporting .documentation. Any deviations from the approved plans and specifications must be noted on the Certification. A modification may be required for those deviations, 7. If the stormwater system was used as an Erosion Control device, it must be restored to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 8. Access to the stormwater facilities shall be maintained via appropriate easements at all times. 9. The permittee shall submit to the Director and shall have received approval for revised plans, specifications, and calculations prior to construction, for any modification to the approved plans, including, but not limited to, those listed below: a. Any revision to any item shown on the approved plans, including the stormwater management measures, built-upon area, details, etc. b. Project name change. c. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area or to the drainage area. e. Further subdivision, acquisition, lease or sale of all or part of the project area. The project area is defined as all propertyy owned by the permittee, for which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 10. The permittee shall submit final site layout and grading plans for any permitted future areas shown on the approved plans, prior to construction. 11. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of ten years from the date of the completion of construction. 12. The Director may notify the permittee when the permitted site does not meet one or more of the minimum requirements of the permit. Within the time frame specified in the notice, the permittee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. Page 4 of 7 State stormwater Management Systems Permit No. SW~060520 13. This permit shall be effective from the date of issuance until June 2, 2016. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. III. GENERAL CONDITIONS This permit is not transferable except after notice to and approval by the Director. In the event of a change of ownership, or a name change, the permittee must submit a formal permit transfer request to the Division of Water Quality, accompanied by a completed name/ownership change form, documentation from the parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits and may or may not be approved. The permittee is responsible for compliance with all permit conditions until such time as the Division approves the transfer request. 2. Failure to abide by the conditions and limitations contained in this permit may subject the Permittee to enforcement action by the Division of Water Quality, in accordance with North Carolina General Statute 143-215.6A to 143-215.6C. 3. The issuance of this permit does not preclude the Permittee from complying with any and all statutes, rules, regulations, or ordinances, which may be imposed by other government agencies (local, state, and federal) having jurisdiction. 4. In the event that the facilities fail to perform satisfactorily, including the creation of nuisance conditions, the Permittee shall take immediate corrective action, including those as may be required by this Division, such as the construction of additional or replacement stormwater management systems. 5. The permittee grants DENR Staff permission to enter the property during normal business hours for the purpose of inspecting all components of the permitted stormwater management facility. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or termination does not stay any permit condition. 7. Unless specified elsewhere, permanent seeding requirements for the stormwater control must follow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 8. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit. 9. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. Permit issued this the 2"d day of June, 2006. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION - ~-- O -- ' - for Alan W. Klimek, P. ., Director Division of Water Quality By Authority of the Environmental Management Commission Page5of7 State Stormwater Management Systems Permit No. SW7060520 Page 1 of 2 Bridge Pointe Redeveloppment Stormwater Permit No. SW7060520 Craven County Designer's Certification I, , as a duly registered in the State of North Carolina, having been authorized to observe (periodically/ weekly/ full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compliance and intent of the approved plans and specifications. The checklist of items on page 2 of this form is included in the Certification. Noted deviations from approved plans and specification: SEAL Signature Registration Number Date Page 6 of 7 State Stormwater Management Systems Permit No. SW~060520 Page2of2 Certification Requirements: 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of built-upon area. 3. All the built-upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outlet/bypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the outlet/bypass structure. 8. All slopes are grassed with permanent vegetation. 9. Vegetated slopes are no steeper than 3:1. 10. The inlets are located per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. 14. All required parts of the system are provided, such as a vegetated shelf, and a forebay. 15. The required system dimensions are provided per the approved plans. cc: NCDENR-DWQ Regional Office New Bern Building Inspections Page7of7 M h C'~.©5 ~2>c ~~ ~r/ 17(~slin-G5 ~j D ~O - o g 2 °~ V ~-- CAMA MAJOR PERMIT APPLICATION FOR BRIDGE POINTS 100 HOWELL ROAD, NEW BERN, NORTH CAROLINA DEVELOPED BY BRIDGE POINTS DEVELOPMENT, LLC 1315 SO. GLENBURNIE DR. NEW BERN, NC 28561 JOSEPH E. THOMAS, MEMBER/MANAGER BRIDGE POINTS DEVELOPMENT, LLC CONTACT PERSON (252) 637-7985 PREPARED BY ~t,`~ a .. ~,~, ,/ ~~~ SEAL ~ ~~= e 28925 ,. ~~i, i F,~,Q I N~,~Q;•~`~ Michael L. Rice, P.E. ROBERT M. CHILES, P.E. Engineers 8~ Consultants 417-A Broad Street P.O. Box 3496 New Bern, N.C. 28564-3496 ~~4 bin AEG 0 U '~ ?006 ~~~~u~~~ ~4VCy May 16, 2006 Job No. 2005210 TABLE OF CONTENTS APPLICATION FORMS APPLICATION FORM DCM-MP-1 EXCAVATION AND FILL FORM DCM-MP-2 UPLAND DEVELOPMENT FORM DCM-MP-3 NARRATIVE PROJECT DESCRIPTION SITE DESCRIPTION PHASED CONSTRUCTION RIPARIAN ADJOINERS ATTACHMENTS COPY, AUTHORIZED AGENT ASSIGNMENT US ARMY CORPS OF ENGINEERS WETLAND DETERMINATION CRAVEN COUNTY DEED BOOK 2338, PAGE 361 COPIES, ADJOINER NOTICES W/DRAWINGS 8~ USPS CERTIFIED MAIL RECEIPT ZONING COMPLIANCE CERTIFICATE WATER AND SEWER PROVISION LETTER DRAWINGS BRIDGE POINTE CAMA PERMIT APPLICATION (See Sheet Names Below) FOR BRIDGE POINTE DEVELOPMENT, LLC prepared by ROBERT M. CHILES, P.E. CAMA 1.00: Existing Conditions CAMA 1.10 : Proposed Conditions CAMA 1.20 : Peninsula Area Plan and Sections CAMA 1.30 : Existing Hotel Area -Plan and Sections CAMA 1.40 : Proposed Building 3 Area -Plan and Sections CAMA 1.50 : Proposed Hotel Area -Plan and Sections CAMA 1.60 : Architectural Elevations APPLICATION FORM DCM-MP-1 EXCAVATION AND FILL FORM DCM-MP-2 UPLAND DEVELOPMENT FORM DCM-MP-3 Form DCM-IISP-1 APPLI A TI N (To be compkxed by all applicants) b. Ci ,town community or landmark ~~ ~ ~~~ 1. APPLICANT . a. Landowner: Name ~ ~-'~~-~ 1"a~„~.c-~ I J~~w P.n E,u ~ ~. ~ Address 1~3 ~S S v t~~c~v~3U2rurE ~n City State N C- Zip Z~S~ l Day Phone( z~ ~ 3? 795 Fax b. Authorized Agent: Name ~~3=zi ~ ~-ic.~'S ~~ Address ~O g vx, 3 ~~ ~ City `+~ gs ~ State ~ ~' Zip ~~ Day Phone ~Zy2~ X37 `~7o Z Fax ~~ ~37~3r `7L~ ~v~i ~ rc~ic.~'-t-.n-, c.1.;1es (? a ;w~ c. Project name (if any) ~~~UE ~~rN'iF 1V~D7E: Pern~it will be issued is mm~e of kwdowner(sJ, ad/or Pro1td IIQfit. 2. LOCATION OF PROPOSED PROJECT c. Street address or secondary road number d. Is proposed work within city Limits or planning jurisdiction? ~_ Yes No e. Name of body of water nearest Qr_o,~ect (e.g. river, creek, sound, bay) i ~E,,-~- ~ ~ y6-t 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 fjlling activities. 5 5%rtvcTuftFs 3 r2i:5ioCrq'rAL ~n^lonNNlv~~ ( MA ~i! Nr. ofFt c~ .. / t~'o'jZ [J S i ~ G Q~~NCa~ ~~~ k ~ -P[/lc.E.MENi ~S^.h~ p-~rc,NrnEN~ ~uAt.Du~rs~k P~~Uc.S~OcwA21t b. Is the proposed activity maintenance of an existing project, new work, or both? r3o~rrf c. Will the project be for public, private or commercial use? ~2luq.%Z Qrc7los.,tcES~. /~~n,,uc GlA~2~,to+~ i}~~ ffo~G d. 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. G O~S?7[u cT~ oN -'/i C-7~O 1~S C+O MMO/') ~'Q S ~'1~ y(LsnrM4 . P~~ "r~~ca /r>'Jc.,. U?~LIr~ES ~ySTALt.A~AoNI CpntsTTttl cr1oN o F ~/uCE-'~ f~+d~ sTr£L /-tU~T7si3~ 8u1~PrnlaS krnlG CnA+cP~y£5 lA~/c~nc~ A,,,~~ .cA+~~schP~Nci a. County ~~~'~~ ~ o ~ ~Q~ p AU G ~ 9 2006 ~~a o3~s u~ano~ AND ST EORMWI-'~ DRAI~ICN - Form DCM-IISP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract ~ ~ • ~ Z- b. Size of individual lot(s) ^1 ~" c. Approximate elevation of tract above MHW or NWL 3 ~~ ~ - d. Soil type(s) and textuce(s) of tract Co~a~-c.Tc:.~ C9~ec. ~ P~,~.~~~-: SEc 5 O t~.5 ~cPcutt' j~j ti v~-DE~uy~~lC9 5 0~~ e. Vegetation on tract i.1.wi~,~ L,A-~~s ~Aflnly I~CfF^~3 s G~S~S A.(Z~V*ip 6,YjS%l~Pk !}'gTEL f. Man-made features now on tract t3ti ~4~ P ~ ~c f"~'~L } X11}-/tlntA~ g. What is the CAMA Land Use Plan land classification of the site? (conat~lt the local lard ~~ ~./ Conservation Transitional X Developed Community Rural Other h. How is the tract zoned by local government? .titiXCn US~r Go.rtmC-rcciA2 } G-3 i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning taom~plianee cYrtifiaate, ~appliaable) Has a professional done for the tract? If yes, by whom? . archaeological assessment bees Yes _~, ~No k. Is the project located in a National Registered Historic District or does it involve a National Register fisted or eligible property? Yes k No 1. Are there wetlands on the site? x Yes No Coastal (marsh) ~_ Other ~ If yes, has a delineation been conducted? ~~ (.laocit doatn~entation, iJa-nilable) m. Describe existing wastewater treatment facilities. M ynl ~ c,, PA-L r./r--s~~~`1~~- e.E,4~+n ~uT 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.) v 2f~4c$ QV N o FF o. Describe existing drinking water supply source. -i ~ 3c..t L c..Ja~-G ,2- S ~~AL,-. 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 title, plus written permission from the owner to carry out the project. • An aamrate, 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.) IPlease 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 DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater 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 Dopy of the application and plats by certified mail. Such landowners must be advisod 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 ~ ~ o~ Address ~9 So. G1~~gv~cNrt Zu Phone Nt ~ l3ta.X ~l c zss bo - 2T~!! Name r~ S K2 Address i ~5 SPruNCz ST, 5 W Phone }~'~+~'+a 4Pr 3b3o3 Name ~ ~- ~Z Address 2809 ~~~~~~ 31vn s~~q~ /g~> Phone R~c..~14~~ ~/c 27~o~-ro4o • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ~oNC- • A check for 5250 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 - i to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERNIISSION 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 +~ the permit. I certify that to the best of my lowwledge, 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 pfOject. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the / 2 day of ~, X90 ~ . Print Nam ~ c L ~oac~- M C1hcEs PL' Signature .u La~downrr or Antlior;zed Agnu Please indicate attachments pertaining to your proposed project. ~~[ DCM MP-2 DCM MP-3 DCM MPS DCM MP-S DCM MP-6 Excavation and Fill Information Upland Development Strucxures Information Bridges and Culverts Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Form DCM-MP-2 EXCAVATION AND FILL 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. Al! values to be given in feet. Average Final Eristing Project Length Width Depth Depth Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) 1. EXCAVATION ~ f h a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL ,~ l ~ a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes 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? Revised 03/45 '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 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill 3. SHORELINE STABILIZATION a. Type of shoreline stabilization ~_ Bulkhead Riprap i b. Length Q~~ autlctf-~1~D `Z~P~~+cCrn~'NT 5t'`' /Ze~r4~ N W C~ 4~A~-~~ 2t~t-hcEME~ c. A~ragT istance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL Z ~fi e. Shoreline erosion during preceding 12 months ~~~~ (Source of information) f. Type of bulkhead or-r~r-a~-x~a~er~ .Stf~'~? ~tccs wr%H CAP ~, n~A~,tt~t-~ ~v; yc:T' ~p e`rt Rm~ ~J~'D g. Amount of fill in cubic yards to be placed below water level (1) Riprap (2) Bulkhead backfill C Rss"~`~N~ Z'.kro~ x !'d¢eP x Z58' 1vNa h. Type of fill material 7r~% i. Source of fill material 0<z1= 5 rTLs $ uRR~ ~ ~ ~ f f~/ f-2u ri. G~C~ S TiN cp ?E~ZM r-77~ A FI-cr<<rrc.s ~~-`~- ?2vTE cT st7~ 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No 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? SC-nrmr~r FCNCt"_ Sir-z~~a Sc.oPc 67RJ~y~~JCv, dEyCT.~4-i"'1ya` ~,TY~-3- t-- Z+4i 1 w~I ~ '~`s'TP'F~N ln/t* ti/i4'1C1.5~ 4 ~~ 1 kd~~s b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? ~~Ryy E4/rPn-a~rT gw~a TD ~ lt£ 1Jr~i d2E: ---r c~ ; ~ ~ ?zor~~T : c/tA~~`'S ~cA~A-7o~s, ~r~E v2~/d~ts, A~~P Titvc.KS,~/tt ~uZc:res, ~~, c. Wilt wetlands be cr:,ssed in transporting equipment to project site? Yes C No If yes, explain steps that will be taken to lessen environmental impacts. ~~ 2n ~ Csc~ {~~ ~~r potent or Project tvame ~ P.~: ~,~ .C~; M c.~~?~ P~ Signature -~ f.= Date Revised 03195 lrorm UI:M-MJt"-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h. Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed _5 3ur~7r,,~G,,S ~ I µor~'c., f_-n~-~ciN~ or-Fr~t_r ~ ZCs~~c>/r~~-L co~oo- i. M~nituvHS b. Number of lots or parcels _ N ~ A c. Density (give the number of residential units and the units per acre) 3o'7t~ R~sro~nl~t,,4~ ~~ris ~ ~n P~S~c D W t'f'4~t t N I f . ~ PK ~C ~ OR.a t 0 tl o R S r'T-L- d. Size of area to be graded, filled or disturbed including roads, ditches, etc. / ~ . ~ Z '"/- e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted CoN Gu~>y %t, y w r %N Thf-r 5 ?e 2r'rtri /~-fpLJ cig77d~.! f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 7 ~ % Ekrs%iNy SY % pKOPoS~A Revised 03/95 Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? ~_ Yes No If yes, date submitted ~'cr,1 cu,crt~uny ~ ~ %rr 'fin s ?c rt,+~ ri AQP L,l G4•~ o tl Describe proposed method of sewage disposal. ~:n~a£c~"to~ `rte vhunlcc.tPA-~ a/f~s?L~JM''8rL sj'y~?c-nn. j. Have the facilities described in Item i. above received state or local approval? ~s _ (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). ~c~~QFi~c~ R~~oF+^- s %RGs~c Sro2rh~Jr~rTLe~ s~FP~v ENT AL~~a y vJ~ ~ Frtont ~ ~nrzT7o~J ~+a sr~ E 1. Describe proposed drinking water supply source . (e.g. well, community, public system, etc.) m. Will water be impounded? ~,_ Yes ~o If yes, how many acres? ~PP~~X 2 k~ (s%t~~m - ~.J+~+T't.2 y,rET pcTENT/PN ~j/4SiN,S~ n. If the project is a oceanfront developme t, when was the lot(s) platted and recorded? +~' I~ t aJCy ~ ~(~nu T~ C\=~~~~ t ProJed Name !? A ~ lure lL Drk NARRATIVE PROJECT DESCRIPTION This project involves the re-development of a 16.42-acre parcel of land located along the James City waterfront at the confluence of the Trent and Neuse Rivers, opposite from downtown New Bern. The existing site contains the Bridge Pointe Hotel, and is approximately 95~ impervious overall. Work associated with the project includes preparation of the site for construction of 3 residential condominium buildings, a new marina office, the destruction of the existing hotel and construction of a new hotel. Modification of the existing stormwater management system, construction of an additional stormwater management system, parking and roads will also be performed. The disturbed area created by the proposed work includes most of the existing 16.42 acres. SITE DESCRIPTION The project site is located along the James City waterfront at the confluence of the Trent and Neuse Rivers, opposite from downtown New Bern. The Division of Coastal Management Area of Environmental Concern (AEC) at this location measures 75 feet landward from the normal water line of the Trent River, and contains approximately 3.07 acres of the project site. The project site has approximately 1,830 feet of shoreline and 1,865 feet of existing bulkhead/retaining wall. The existing configuration includes approximately 1,050 feet of concrete capped, concrete sheet-pile bulkhead, 258 feet of tongue and groove wooden bulkhead and 557 feet of tongue and groove wooden retaining wall. (Where there is land on one side and water on the other of the wall, we refer to it as a bulkhead, and where there is land on both sides of the wall, we refer to it as a retaining wall.) In its existing configuration, the project site is approximately 90-95% impervious, primarily due to a compacted gravel surface that is present throughout most of the site. The site also contains the existing Bridge Pointe Hotel, a marina office building, and parking areas. PHASED CONSTRUCTION Construction of this project is proposed to be divided into three phases. Understanding the phases requires knowledge of the assumed building numbering that is as follows; building one is located on the peninsula, building two is located south of building one, and building three is located where the existing hotel is currently. The location of these three buildings is within the waterfront portion of the project site (north of Outback Steakhouse) . The proposed hotel will be located on the landward portion of the project site (south of Outback Steakhouse). During phase one, the existing stormwater basin will be modified to the proposed dimensions, a new outlet structure constructed, the proposed forebay wall constructed, and the stormwater pipe network for buildings one and two installed. Construction of buildings one and two will follow, with appropriate site preparation NARRATIVE (cont'd) and manipulation. Both proposed driveways and connecting road portions will also be constructed during this phase to the extent that access to the existing hotel, the new buildings, and Outback Steakhouse will be established or improved. Phase two will probably begin with demolition of the existing hotel and associated improvements, and conclude with the construction of building three. Replacement of the existing wooden bulkhead/retaining wall will occur during this phase. Replacement of the existing wooden bulkhead will be performed by installing a new bulkhead in an alignment no more than two feet waterward of the existing bulkhead's alignment. Replacement of the existing wooden retaining wall will be performed by removing the existing and installing a new bulkhead in the same alignment. In some places, the height of the existing retaining wall structure will be increased. Replacement or new construction of sidewalks immediately behind the bulkhead (similar to those already present), new connections to the existing marina, and other provisions required to provide public access along the bulkhead will be installed. The stormwater pipe network intended to serve building three will be installed toward the beginning of this phase. Construction of the proposed new stormwater basin and associated pipe network will initiate phase three. Construction of the proposed hotel, attendant parking and drives will follow. It is unclear which phase will involve the demolition of the existing dock master's/marina office or during which phase construction of the proposed dock master/marina office will occur. It is anticipated that construction of the new office will precede demolition of the existing office, with construction probably occurring as a final portion of phase one. Accordingly, demolition of the existing office will likely occur during the demolition portion of phase two. Depending upon information that arises during construction, phases two and three as described above may be reversed. It is also likely that there will be some overlap of activities within the phases herein described. Phases one and two construction is primarily located within drainage area one, and improvement or modification of the existing stormwater system will be correspond with the proposed construction. Phase three construction is contained entirely within drainage area two. Construction of the stormwater system proposed for this drainage area will occur prior to construction of any impervious surfaces other than roads. Upon completion of the proposed construction, approximately 54% of the AEC will be impervious. This represents an approximate 25% reduction in the amount of impervious surfaces within the AEC from the existing configuration. NARRATIVE (cont'd) RIPARIAN ADJOINERS NC Department of Transportation Mr. Aaron Everett, District Engineer 209 So. Glenburnie Rd. New Bern, NC 28560-2741 North Carolina Railroad Company Mr. Justin Madigan, Assistant Corridor Manager 2809 Highwoods Blvd., Suite 100 Raleigh, NC 27604-1000 Norfolk Southern Corporation Mr. J.H. Rader, RLS 175 Spring Street, S.W. Atlanta, Georgia 30303 ATTACHMENTS COPY, AUTHORIZED AGENT ASSIGNMENT US ARMY CORPS OF ENGINEERS WETLAND DETERMINATION CRAVEN COUNTY DEED BOOK 2338, PAGE 361 COPIES, ADJOINER NOTICES W/DRAWINGS 8~ USPS CERTIFIED MAIL RECEIPT ZONING COMPLIANCE CERTIFICATE WATER AND SEWER PROVISION LETTER MEMORANDUM: FROM: Mr. Joseph E. Thomas Member/Manager Bridge Pointe Development, LLC PO Box 14165 New Bern, NC 28561 TO: Robert M. Chiles, P.E. Engineers, Consultants, & Marine Surveyor P.O. Box 3496 New Bern, N.C. 28564-3496 RE: Assignment of right to act as Authorized Agent for Bridge Pointe Development, LLC, "BridgePointe" project, Howell Road, New Bern, N. C. TO WHOM IT MAY CONCERN: By my signature below I, Joseph E. Thomas ,authorize Robert M. Chiles, P.E. to act as the agent representing Bridge Pointe Development, LLC for the purposes of completing and submitting Erosion and Sediment Control, Stormwater Management, and CAMA permit applications and supporting documentation to the North Carolina Division of Environment and Natural Resources, and answering questions pertaining thereto with respect to the project named above. This authorization is eff tive on the date signed Jo eph E. Thomas D ate COUNTY /'PAV~~/ STATE ~loeTt/ cA,exi~vq I, ~' ~Ni~s ~~ Notary Public for the aforesaid County and State do hereby certify that ,iosEPN E 'TFIon~A 5 personally appeared before this ~_ Day of,gnRic, , 20o`and that he acknowledge the execution of the foregoing instrument. Witness my hand and seal this Z S' Day of APR« NOTARY PUBLI My commission expires: ~~ ~ ~o y .~ `~~!.~~TAR1- .~,~ _ _,_ n'• '0UBL1G U 3~yL ~~r (Page 1 of 7) ~ Craven NC - Dataent Stara ~ Belo Thomson, Resister of Qee~ o, Date 48/01/2005 Tire 15:36:45 1 of 7 Pas tio: 2005-00132168 x° 8001( ~~3~ Fase ~~i l; ~++ Fee Art : 32.00 E~ccise Tax: .04 0 ~~ ^c~C~` QUITCLAIM DEED STATE-9F~N TH OLINA Reveaue stases: So Parcel: 7-001-3000; 7-001-006; COUNTY F CR N ~-001-5000; ~-ool-ooz; ~-ool-oos; 7-001-012; 7-001-OOA; QU EED, made and entered into this the J -~ day of ~''~'.~ y tw n S ARD PROPERTIES, INC. and SHIPYARD MARINA, LLC, parties o he st p d ID E POINTE DEVELOPMENT, LLC, party of the second part; ([~~ ~ in and to that certain tract or parcel of land more particularly descri as fo ow~ All of that certain parcel or tract of land located in Numbe ven Township, Craven County North Carolina that is bounded on e l~rth the Trent River, on the West by the right of way of the Atlantic an Ea! Carolina Railroad, and on the East by the right of way of U.S. High and the right of way of NCSR 1004 (Howell Road) and being particula! described as: That the parties of the first p in co a sum of Ten Dollars ($10.00) and other good and valuable consider n to aid p 'es paid by the party of the second part, the receipt of which hereby is acknowl ed, a remis d relea~se~d, and by these presents do remise, release, and forever quitclaim unto he s 'd art ihe~s cond part, said party's successors and assigns, alI right, title, claim and in st o th parti of the first part BEGINNIIVG at a concrete monument located at the intersection of the eastern right of way line of thc Atlantic and East Carolina Railroad and the western right of way line of NCSR 1004 and thence from this point of beginning Notch OS° OS' 00" West 719.50 feet along and with the eastern right of way line of the Atlantic and East Carolina Railroad to a concrete monument at the southwest comer of City of New Bern utilities site as described in Deed Book I900 Page 133 in the Office of the Register of Book:2338,Page:361 (Page 1 of 7) ~f Date 08/41/2005 Tire 15:36:45 2 of 7 Fay No:2005-40132168 ~r Book ~~~~ Page 1?~~ /De of Craven County; thence North 84° 55' 00" East 63.94 feet to an i n pin at southeast corner of said utilities site; thence North OS° OS' 00" 42.31 feet to a point at the northeast corner of said utilities site; ence outh 84° 55' 00" West 63.94 feet to an iron pin in the eastern right of w ine the Atlantic and East Carolina Railroad; thence North OS° 05' est 400.41 feet along and with the eastern right of way of the tic olina Railroad to a point at the bulkhead on the sou ern relin f Trent River; thence along and with the shoreline bulkhea a fo o ing a gs d distances: North 47° 08' 48" East 1.63 feet, ° 09' ' Ea 6. 5 feet, North 18° 06' 25" East 33.14 feet, No OS° 7" feet, North 16° 49' 37" East 3.30 feet, North 23° 51" t 23 t, orth 68° 08' 32" East 95.72 feet, South 55 3' 33 53.4 t, uth OS° 36' 29" East 356.35 feet, North 84° 1 t 62. fee No 04° 22' S3" West 198.34 feet, North 84° 51' S "East t, orth 87° 37' S6" East 31.17 feet to a point in the no e f the Ikhead; thence leaving the bulkhead and following the norm water ~ Trent River as found on July 7, 2005 the following 'n s d di N 66° 19' 35" East 60.66 feet, North 62° 24' S0" Eas .65 f t, Sou ° 1 54" East 58.77 feet, South 81° 02' S4" East 81.09 t, ° 3 'East 45.90 feet, South 64°37' 11"East 69.94 feet, Sou 3 55" t 43.98 feet, South 38° 29' 45" East 33.39 feet, South 1 °56' 07' E t 38.25 feet, South 25° 46' 47" East 23.64 feet, and South 7° t 22.79 feet to a point in the western right of way line of U.S. igh~Y 70 Business; thence from this point in said right of way along an ~t~"i said right of way line South I S° 12' 00" West 430.76 feet to the point o intersection with the western right of way line of NCSR 1004; thence fr this point along and with the right of way line of said NCSR 1004 South 58° 26' 00" West 160.59 feet and South 17° 17` 30" West 93.80 feet to an iron pin at the northeastern corner of Lot 4 of the Bridge Pointe Plaza Subdivision as shown on that certain plat recorded in Plat Cabinet G Slide 104H in the Office of the Register of Deeds of Craven County; thence along and with the line of said Lot 4 North 72° 42' 30" West 230.61 feet to a point in the centerline of a 20 foot sewer easement as shown on that certain plat recorded in Plat Cabinet G, Slide 104H in the Office of the Register of Deeds of Craven County; thence continuing 2 Book:2338,Page:361 (Page 3 of 7) `- - -.._ Date OB/O1f2005 Tire 15:56:45 3 of 7 Pss Na: 2005-00132168 Book ~~~$ Page ~~~ Norttl 72° 42' 30" West 108.64 feet to a point; thence North 89° 42' 10" est 100.07 feet to an iron pin at the northwestern comer of said Lot 4; South OS° OS' 00" East 211.69 feet to the southwestern corner of 'd I.o • thence South 72° 42' 30" East 354.37 feet to an iron pin in the west righ of way line of NCSR 1004; thence along and with said w to righ of way line South 17° 17' 30" West 452.26 feet to a railroad the a ing with said right of way South 28° 19' 36" West 16 . 4 f o a c re monument; thence South 67° 14' 18" West 186.23 ee{ to tint f gtnn' and containing 16.42 acres more or less. \ ~~~JJJ i ~ (1 Also conveyed is all righ part in and to any d an~ conveyance is made subs and subject to governmental of the patties of the first aforesaid property. This ors t public trust waters such docks and piers. The aforesaid property is conveyed s jest tq~z g finances, easements of record or on the ground, try t e co an of rd, rental agreements of tenants including Fr Ga es me s, dated May 3, 2005, permitted exceptions, mat rs s o reco maps, riparian and littoral rights, rights of others ' 1' trust aters and to all of the other matters set forth in the Special W ty D f om Shipyazd Marina, LLC to Bridge Pointe Development, C o i Book~~ Page 3}~ and the Special Warranty Deed from hip~d Properties, Inc. to Bridge Pointe Development, LLC recorded t Book ~.iP Page 3~Q. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all p 'vil ges and appurtenances thereunto belonging to the said party of the second paR, said party's successors and assigns free and dischazged from all right, title, claim or interest of the party of the first part. 3 Book:233B,Page:361 (Page d of 7) - - bate 48/01/2605 Tire 1S:3bs45 4 of 7 P~ No: 2445-00132168 X338 Pa3e 3~4 SONY WHEREOF, the parties of the first part have caused this 4 Hook:2338,Page:361 (Page 5 of 7) bate 08/01/2005 Tire 15:36:45 5 of 7 Pes -io: 2005-00132168 Book t3~~ Fa9e ~~~ STATE OF CAROLWA ~~ ~`' ~~'' ~' ~ ~ ' ~ , a Notary Public in and for sal ounty S , do hereby certify that JAMES E. McCOTTER personally appeared be re e t is da and acknowledged that he is President of SHIPYARD PROPERTIES, ., a c and that he, as President being authorized to do so, executed the foregoing on alf f he c~ra 'on. WITNESS My Commission Expires: Y" A M `~ ......~, ~oTg9~ ~~ .o ~' GBLtG `' .,.~ y~~_..~... ~ ~~aUNTV , N ;d an ari this the i ~ day of ~- , 2005. ... _ i ~~L Public O rio~ary seal or stamp must appear within this box. 5 Book:2338,Page:361 (Page 6 of 7) Date 08/61/2005 Ii4e 15:36:45 6 of 7 P9s No: 20x5-04132168 so°,< X338 P~~ 3~6 STA?`E OF E>I CAROLINA ~E~ said Count d S o h me this day d n wled ~ corporation whi 's a m as the act of the co ra , that the act of the Manag is word "SEAL" appearing i the limited liability company "^ ~ FOR ~ ~'~ , a Notary Public in and for ~y certify that JAMES E. MCCOTTER personally came before that he is President of SHIPYARD PROPERTIES, INC., a 1PYARD MARINA, LLC; that by authority duly given and a w its corporate seal, and attested by him as its President; ,e t of he ~mi liability company; and that the typewritten e n f tl~li ted liability company has been adopted by } WITNESS my hand ~~ I f, 15 ~' , 2~5. My Commission Expires: ~! ~ /~~~ A M. ~OTq,9~ ~~ A ~ GBL1G N :~ ~ d no 'al al, i th ~ day of otary bl~ O 0 Notary seal or stamp must appear within this box. 6 Sook:2338,Page:361 (Page 7 of 7) Rate 48/41/2005 Tire 15:36:45 7 of 7 P9s No:2005-4013882168 tt Book ~~~0 Pa9e ~U? STA OF N RT CAROLINA O Y VEN e for oing certificates of er.L ~/f~j _ Notaries Public of said County/ies ,and to (s), certified to be correct. This instrument was presented for registration this and Iy recorded in the office of the Register of Deeds of Craven County, North Caz 'na t Boo ,Page ~ls/ . This the of ~.M. _, 2005, at /'~~ 1~ o'clock ~Y~mi~O~o~Gc~ l QJIt1.K~LC " of Deeds NBMAIN164 2 1 2411 7 ^\ ~;` ji Book:2338,Page:361 >~ ROBERT M. CHILES, P.E. ~~ riGn,FaS, coNSUriA~.~~s P ~s,l.PV~1E s~.r~_v~oF~s <17-P. BROAD Sl P.O BOX 3496 NEW Bcp~.t IJ~aT:+ r'APO~ IN ~ - _ May 12, 2006 BUSINESS :252-637-4702 FAX: 252-63J-3100 orifice e'rob~rtmchil°soe.com mii:~ric° c robB; tr rchil°soe..o^'~ Certified Mail Receipt ~~lo. 7005 1 160 0004 9282 6630 NC Department of Transportation Mr. Aaron Everett, District Engineer 209 So. Glenburnie Rd. New Bern, NC 28560-2741 Re: CAMA PJ~ajor Permit Application Notification Enclasure: (1) Copy of Division of Coastal Management Forms I~PI, MP2, MP3 and MP4, with drawings CAMA Permit Application for Bridge Pointe Development, LLC, depicting existing and proposed conditions, prepared by Robert M. Chiles, P.E. Dear Mr. Everett: On behalf of our client, Bridge Pointe Development, LLC, we are providing enclosure (1) for your review and comment. Craven County records indicate that NCDOT owns property on the Trent River that is adjacent to our client's property where it redches the river. That makes NCDOT an adjacent riparian property owner. In compliance with the Division of Coastal Management. (DCMj application process, we are required to notify adjacent riparian property owners of the proposed project and infon ~~ them that they have 30 days from receipt of their notification to provide comments': The proposed project involves the construction of 3 residential condominium buildings, a new hotel, a new dock master building, and the demolition of the existing hotel and dock master building. If you have any cor~nments, please direct them to Mr. David Moye at the North Carolina Division of Environment and Natural Resources (NCDENR), Division of Coastal Management (DCM), Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889. Indicate clearly that your comments regard this project. Should you have any questions, contact either DCM at (252) 946-6481 or our office at 637-4702. Very truly yours, ROBERT M. CHILES, P.E. a '~ Michael L. Rice, P.E. ROBERT M. CHILES, P.E. P.O. BOX 3098 NEW BERN, NC 285843488 ~~ 705 1160 ~0~4 9282 6630 705 1160 ~~~4 9282 6630 ~a~ ; ~ ~~ _ spor~a~~on ~~~~~ ~ ~ m = v ~ o~ m am a~ m ~~ ~~ ~ m m m m ~~ ~~ ~ !~ ~ 0~ ~r ~ 1 ~; 1 ~ (~ ~ ~ ~ ~ , ~ m ~ 6 ' ! _ o ROBERT M. CHILES, P.E. r,.,~,i~~rF~s, coi~surrA~~~s MARI!dE iURVEYORS 517-A BROAD S. °.O. BOX 3496 rJEW BERN. LI'JP?P `~l,RO~I!J7. 7p5.h~-3195 May 12, 2006 Certified Mail Receipt No. 7005 1 160 0004 9282 6647 Norfolk Southern Corporation Mr. J.H. Rader, RLS 175 Spring Street, S.W. Atlanta, Georgia 30303 BUSINESS 252-63J-x702 FAX: 252-637-3100 price e rob~rimchilesae.com li;e'iC° c rpborirYiCh~l°SpB.COT Re: CAMA Major Permit P,pplication Notification rnCOSUre: (1) Copy of Division of Coastal Management Forms MP1, I~P2, MP3 and MP4, v,rith drawings CAMA Permit Application for Bridge Pointe Development, LLC, depicting existing and proposed conditions, prepared by Robert M. Chiles, P.E. Dear Mr. Rader: On behalf of our client, Bridge Poihte Development, LLC, we are providing enclosure (1) for your review and comment. Craven County records indicate that NS Corporation owns property on the Trent River that is adjacent to our client's property where it reaches the river. That makes NS Corporation an adjacent riparian property owner. In compliance with the Division of Coastal Management (DCM) application process, we are required to notify adjacent riparian property owners of the proposed project and inform them that they have 30 days from receipt of their notification to provide comments. The proposed project involves the construction of 3,residential condominium buildings, a new hotel, a new dock master building, and the demolition of the existing hotel and dock master building. If you have any comments, please direct them to Mr. David Moye at tl~e North Carolina Division of Environment and Natural Resources (NCDENR), Division of Coastal Management (DCM), Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889. Indicate clearly that your cor~nments regard this project. Should you have any questions, contact either DCM at (252) 946-6481 or our office at 637-4702. Very truly yours, ROBERT M. CHILES, P.E. ~/ ~=--~ Michael L. Rice, P.E. ROBERT M. CHILES, P.E P.O. BOX 3496 NEW BERN, NC 26564-3496 ~' *°N " ~~~ t ~ ~U ,~ ~ ~ h d ' ~ `~ W ~ ~ ~ m ~ ~~~ x i 7pp5 116p ppp4 9282 6647 7pp5 7,160 ppp4 9282 6647 ~~ 8 e ~ ~ m~ .~ ~~ ~ o ,m' ~ n. m ~~ ~~ 3 ap m ~~ $ ~ m °° ~ 1? m J m c_~ e^ T ~~ ~ r S 1 ~~' ~ g m m °~ . o~do~ ~ S~-,S.w. 3o3oa ;~~ ~ 1 J-a BROhD ST. °.O. 30X 349; IJFw B~F'N, N7RiF' ~CP.ROI INA 2?Sh4 , 495 ROBERT M. CHILES, P.E. FM1I~;II~JEFRS, COIJSULTA!JTS IJ,ARINF SURVFYOP,$ May 12, 2006 Certified Mail Receipt No. 7005 1 1 60 0004 9282 6623 North Carolina Railroad Company Mr. Jusfin Madigan, Assistant Corridor Manager 2809 Highwoods Blvd., Suite 100 Raleigh, NC 27604-1000 ~~ BUSIN"cSS :252-637-4702 FAX: 252 637-3100 o~`ice ~'robertmchileso~.com mile ice? roberimchil°soe.ccm Re: CA~~'~A Major Perm rii Application Notification Enclasure: (1) Copy of Division of COasial hanagement Forms MP 1, MP2, MP3 and I~P4, with drawings CAMA Permit Application for Bridge Pointe Development, LLC, depicting existing and proposed conditions, prepared by Robert M, Chiles, P.E. Dear Mr. Madigan: On behalf of our client, Bridge Poirite Development, LLC, we are providing enclosure (1) for your review and comment. Craven County records indicate that North Carolina Railroad Company owns property on the Trent River that is adjacent to our client's property where it reaches the river. That makes North Carolina Railroad Company an adjacent riparian property owner., In compliance with the Division of Coastal Management (DCM) application process, we are required to notify adjacent riparian property owners of the proposed project and inform them that they have 30 days from receipt of their notification to provide,: doniments. The proposed project involves the construction of 3 residential condominium buildings, a new hotel, a new dock master building, and the demolition of the existing hotel and dock master building. If you have any comments, please direct them to Mr. David Moye at the North Carolina Division of Environment and Natural Resources (NCDENR), Division of Coastal Management (DCM), Washington Regional Office, 943 Washington Square Mall, Washington, NC 27889. Indicate clearly that your comments regard this project. Should you have any questions, contact eitl~er DCM at (252) 946-6481 or our office at 637-4702_. Very truly yours, ROBERT M. CHILES, P.E. a `1~~~ Michael L. Rice, P.E. ROBERT M. CHILE, P.E. P.O. BOX 3498 NEW BERN, NC 285643498 a 7~~5 116 004 9282 6623 705 1160 004 9282 6623 o ~ ~ ~~ ~m ~ ~o ~~ w gm g~ ~ v T cZ eTT a y m ~ m ~. m ~~ ~m T m m m T~ ~~ S~~rE Gov iov G~ o •,;t?~~ ~~ r ~ r't IIC?~~ ILA. ~~ `: c '..'r E a' t ~ ~ ~ :~ c..~ ~ ~ ~J~'j ~oj: D' ` R ~ ~ ~~,k ~ <~ LC ~~+ c- '~.~ ~~ ~1 Y . ~ ~j .... ~i iy y ~ ~.y~ ~ G V ~ r t -/ E' ~ ~ _ a ~ C l,.p ~i ~' } te . •~ ~ ~ ~ ~ I ~ ~~ ~ ti r ~: ~ ~ 4 ~ ` ^1 C 41 ~ ~.. ` c9 ~ ~- ~ r cn ~' p '~ K-.-11 ~+ y' .....~ ti T C5 q `" ~ 'S ~ c ~ '~. ~ ~ _.,c, ~ !~ a _-~ ~ y G.. .rtJ ~ ~- } ~ ~ ~ y 7 .,.~ \ ~ ~ ~ ~ Q~ t ~ ~ ~t • ~ ~ C r ~ C, G ~- ~~ vj ~ ~, V ~ .sue,, . ti p; .. ih t ~ ;~ .. ~ s ~ "Q j -~. S g c ~ 'r ~ es ~ m ~ i~1 • ~ ~»~ ~ ° ti ..u • ~ ~ ~~ ~ +. ~t ~ ~ ~ i !'11 ~ _ i C E1.! ~~t ~ a~~ ~ ,~{j p~ ~ ~ ~ ~ t A` ~` C(~ U C., P .~ ~ {~,,~ i~'i }'• ~ 'y'am, T ~ .^~ _ ~ Ln ~ I ~ ~ ~. T~„~ ~ f°' i Q7 ~ ' ~ w ~ p - ~ ~ fl ~ ~. ~.- t U~4~ ~~ ~~ti ~. ~ Q O R IS ~ ,, :7 3~ Search ResuBts Label/Receipt Number: 7005 1160 0004 9282 6647 Status: Delivered Tack ~ l;onfirm Enter Label/Receipt Number. Your item was delivered at 2:25 pm on May 17, 2006 in ATLANTA, GA 30303. _. _.... ,4ddi:+io~rrsl D~t~its : ~ Re6urr~ to USPS cnrrt Name t~catificut<;r, C~~ions Track & Confirm by email Get current event information or updates for your item sent to you or others by email Gra>~ `- POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright C? 1999-2004 USPS. All Rsghts Reserved. Terms of Use Privacy Policy Search ResuEts Label/Receipt Number: 7005 1160 0004 9282 6623 - ----- ----- Status: Delivered arnck & ~Cot2tirm Enter Label/Receipt Number. Your item was delivered at 12:54 pm on May 16, 2006 in RALEIGH, NC 27604. Addl~'tDnzq! flctstls .> RcEtrrn zn USP$ cnrrr Nrrrrie > •._ _ .. ~~t ~iC.ii':G~,l 1~ittt!Dn3 Track 8~ Confirm by email Get current event information or updates for your item sent to you or others by email. ' Gos ` POSTAL INSPECTORS site map contact us government services jobs National & Premier Accounts Preserving the Trust Copyright n 1999-2004 USPS. A!I Rights Reserved. Terms of Use Privacy Policy tJNITEC75Tl~TFS' ~'~"~"~~'~~ Home I Help Track 8~ Confirm Seal-ctr Results Label/Receipt Number: 7005 1160 0004 9282 6630 ~------------------------ Status: Delivered Tr~sl:k ~ C~nfrrm Enter Label/Receipt Number. Your item was delivered at 12:43 pm on May 16, 2006 in NEW BERN, NC 28560. ,4dttitio»nt Retails .. Rcturtr to USP~ ctsnr No»~e .- ~votiticato~ i~ptittns Track ~ Confirm by email Get current event information or updates for your item sent to you or others by email. Grr.- POSTAL INSPECTORS site map contact us government services jobs National & Prel'1'tier Accounts Preserving the Trust Copyright ©1999-2D04 USPS. All Rights Reserved. Terms of Use Privacy Policy ~~ ~~ g ~ 0 a ~G~ VICINITY MAP CENERAE CONSTRUC11011 INf011MAT1pN ANp SEQUENCING NOTES THE PURPOSE D< THIS PROJECT IS 10 REDEVELOP THE t6.~Z ACRE PROJECT SITE. THE E%ISTRiC 9SfG iMPERNOUS, HISTORICAUr COMAAERpAt OEVELOPMENi TRLL BE CONVERTED TO A MIX(D USC (PRIMARILY RESIDENTIAL) WITH APPROxIMATELY e5s IuptRVlous. LAND DISTURBING ACTIN TIES SHALL NOT BEGIN UNTIL RECEIPT OF EROSION ANO SCDIM(NT CONTROL, ANO LAMA PERMITS. THERE SHALL BE NO CONSTRUCTION IN NEUSE RIVER BUffER ZONE i NITHOUT APPLICABLE DINSION Of WATER DUALITY APPROVAL AND/OR ENVIRONMENTAL MANAGEMENT COMMISSION VARIANCE. WORK WRIL INCLUDE MANIPULATING THE EXISTING GRADES, IN$TAlLAT10N Of UTILITIES, MOOIfICA TION Of EXISTING STORMWATER MANAGEMENT, CONSTRUCTION Qi NEW SiORYWATER MANAGEMENT SYSTEMS (AS NEEDED), DEMOLITION Of EXISRNC BUILDINGS, AND CONSTRUCTION tK PROPOSED ROADS, PARKING AREAS ANO BUILDINGS. EXISTING WOODEN BULKHEAD R[MOVAI AND REPLACEMENT SHAH 8E ACCOLIPUSHED WITHOUT CHANGING THE EXISTING ALIGNMENT. [XISTING SIOC-TO DOCK WATERWARD OF EXISTING WOODEN BUIKHEAO SHALL BE REMOVED. ExISi1NC 6 fi. WIDE CONCRETE SIDEWALK AT BACK OF BULKHEAD SNAIL BE REPLACED AS NCEDED AND ExTENOED TO PRONOE PUBLIC ACCESS ALONG ENTIRE LENGTH Of BULKHEAOED WATERfRpN T. ,) OHE LEGLtlII OVERHEAD ELECTRIC LW( R/w RIGHT a wAr NWL NO11MAl WRIER LINE ACC AREA pf (NNRONMENTAI CONCERN PROPERTY lIN[ .p, POWER POLE _NGIN_ EER/SURVEYOR ROBERT 4. CHILES. P.E. ENGMEERS tr CONSIA TANTS P.O. BOx .196 HEW BERN, NORTH CAROLINA 20561-)196 (252) 657-702 WNER/D V 1OPER RRIpGE POINTS DEVELOPMENT, lLC MR. JOSEPH E. THOMAS, MEMBER MANAGER IJI$ 5. GLENRURNIE ROAD NEW BERN, NORiN CAROLINA 2ESA2 (252) 6J6-2100 I I I I I I I I I I I I I 1 I - I I I I TRENT RIVER CDMPAC TfII CpAVCI _ ~ _~ _ -- -~. '~ -a. - ~- ~ ~ ~ ~ / Q / n ~~ 9 i a~ A Y U CYIS NNC S IOR4NA ICR / POND 2767 sQYll. / 'O ~/ / %( il~i I ~ ' ,~ \ \, ~; ' ,~ ' ~/I % / /; i'/„ ~ / ~ / 1 I 1 Q 1 I COMPACTED GRAVEL ~ v ~ '' w 1 ~ 2 1 ? j m ~ ~ _W .~ / >- ~ ~ ~ 3 ~ I r 3 1 ~ I T ~ ~ I ,,f// I OHC -"' .m `\`~~-1 C,~ R~~~~i ,~ .,.....0 i .~ .q4' ~'Fr ~!~ ~~ttir~C SEAL ~ f _ _ • LU~7LAJ ~ ~ ~i6f..'~'~f IN ~~'~ ~ q ° ° ~ -~~~~ a .W-7 ADJOINER 1 .C10 i U BRIDGE POINTS g [AMA RIPARIAN AD)OINER NOTICE U "' (EXISTING CONDITIONS) ~ FOR ° BRIDGE POINTS DEVELOPMENT, LLC (.~ °_ TOWNSHIP NO. B CRAVEN COUNTY U. NEW BERN. NC DATE: Mpy Iz. zoos ROBERT M. CHILES, P.E. Joe no: zooszlo ENDS AND CONSULTANTS ° scALE: 1- -zoo' N~ ~. NORTH CAROUIdA r ~ ~s ~~ ~~ o KGs ~Q VICINITY MAP ,~ 1 i I I I I 200' ____~ I I I I I I I I I i I i i ~~_v TRENT RIVER ~ _ ~.. m Z n IIII""'"'~ V~ ~ BUI~OINC 3 euaolNC z , [ -O _~ ~ ~[ I ,,~ ~ ,~, ~ I ' --OU~K TEAk 0 ~' ~ : / -. /' - / 'i/~ ~~ (i / I I / I I HOTEL I O I N J W i / z I O ~ Z m ~ ~ _W .~ / >- ~ / 3 ~ I z 3 I z ~ U \ I ~ t I ~A~~1 C ~~~// ~~~,~N R~~ii :i '; SF.AI. '~ :~= R/w INCNT Or wAr NN< NORYA~ wAi[R LiNC AEC AREA QC INNRONy(N1A[ CONCERN e PROPER it uNE N~iINEER/ti RV YnR OWNER/nFVFI pER R08ERT y. CNrIE$. P.E. BRIOOC POINTE DCVELOPUENT, LlC [NCINECR$ A CON$U[T/WT$ yR, JO$EPH E. T/1pyl~$, y(yB[R MANAGER P.O. 80% J~96 tJ15 $. OLENBURNI[ ROAp NEW BERN, NORTH GRp[INA 2E561-J~96 NEW BERN, NORTN CARO[INA 2RS62 (2S2) 657-702 (252) 6J6-2100 °o W a Qi U (/) o U rv x Q $ (~ 0 - - ~{ 28925 - ~ ~ a 8 a ADJOINER 1 .1 O BRIDGE POINTE CAMA RIPARIAN ADJOINER NOTICE (PROPOSED CONDITIONS) FOR ~ BRIDGE POINTE DEVELOPMENT, LLC TOWNSHIP NO. 8 CRAVEN COUNTY NEW BERN, NC DAT[: - y°y 12 zoos ROBERT M. CHILES, P.E. .cos No: __ 2ooszlo E1~IDII~EIItS AND E(~NN9ULTAN7S SCALE: ~• -zoo• New Bf]tN, NDR1H CARDUNA CITY OF NEW BERN CONDITIONAL USE PERMIT GRANTED On the date(s) listed below, the Boazd of Alderman for the City of New Bern met and held a public. hearing to consider the following application. Owner/Applicant: Bridge Pointe Development, LLC (application dated February 22, 2006; as amended March 28, 2006) Property Location: 1004 Howell Road, New Bern, N.C. ("Bridge Pointe Hotel/Marina Site") Proposed use of property: Multi-family residential use Meeting date: March 28, 2006 Having heazd all the evidence and argument presented at the hearing, the Boazd finds that the Applicant has offered competent, material, and substantial evidence to satisfy the six (6) elements established in Code Section 15-56(d) for the issuance of a conditional use permit as follows: (1). The requested permit is within the Board's jurisdiction according to Section 15-146 of the Code of the City of New Bem and all relevant sections of the Code of the City of New Bern. (2). The Applicant's application for a conditional use permit is complete. (3). If completed as proposed in the application, the development will comply with all of the requirements of the City's Land Use Ordinance, Appendix A of the City Code. (4). The use of the Subject Property will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. (5). The use of the Subject Property will not substantially reduce the value of adjoining or abutting property. (6). The location and chazacter of the use of the Subject Property, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the City in that the proposed use of the Subject Property is permitted by the City's Table of Permissible Uses. This Conditional Use Permit is subject to all applicable provisions of the Land Use Ordinance, as well as the following condition: The Applicant shall dedicate and construct a public, pedestrian walkway at least five (5) feet in width along the Trent River waterfront from the North Carolina ~* Department of Transportation right~~c ' -way a' Chu ''rent River Bridge to the northwestern boundary of the subject property near the North Cazolina Rail Road right-of--way, generally as reflected on the drawing attached hereto as Exhibit A, which walkway shall be constructed of brick, concrete or such other material and at such location as shall be approved by state and federal environmental regulations and requirements. The pedestrian walkway easement shall be conveyed by the Applicant to the City by Easement and Agreement substantially in the form of Exhibit B attached hereto, such easement to become effective and be delivered to the City upon (a) the completion and opening to public use of the presently planned new Trent River Bridge containing a pedestrian walkway thereon of not less than five (5) feet in width and with a protective barrier from the vehiculaz lanes of travel over said bridge and (b) completion of Building 3 as described on the application for this permit, such completion to be evidenced by the request for a Certificate of Occupancy from the City by the owner of such building. IN WITNESS WHEREOF, the City of New Bern has caused this permit to be issued in its name and the applicant and all of the property owners of the property above described, do hereby accept this Conditional Use Permit, together with all its conditions, as binding on them and their successors in interest. Ordered this 28~' day of Mazch, 2006. MAYOR CITY CLERK 050922-00001-001 NBMAIN1679874\ 1 i r ALFRED D. WARD ALFRED D. WARD, JR. JOHN A.J. WARD MICHAEL SCOTT DAMS I. CLARx WRIGHT, JR. HAND DELIVERED Robert M. Chiles, P.E. 417 Broad Street New Bern, N.C. 28560 WARD ANn DAVIS,LLP A'1'I'ORV' I ~:YS A'1' ] „AW May 15, 2006 409 POLLOCx STREET' PO DRAWER 1426 NEW BERN, NC 26541 752-6333101 PAX 252fi)39400 da~tis@wazdanddavis.com Re: Bridge Pointe Development, LLC 1004 l Iowell Road, New Rern, N.C. ("Bridge Pointe Hotel/Marina Site") Dear Bob: This letter is to advise that the City of New Bern is prepared to provide water and sewer service to the above-referenced property for the development of a 300-unit condominium and marina project. The City's obligation to prop ide water and sewer service to the above-referenced property is further evidenced by a written agreement between the parties. If you have any further questions, please do not hesitate to contact me. Kindest regards. Yours ve>~truly MICHAEL SCOTT DAMS MSD/sd Pc: Walter B. Hartman, Jr., City Manager David Muse, P.E.. City Engineer r r BRIDGE POINTE CAMA PERMIT APPLICATION (See Sheet Names Below) FOR BRIDGE POINTE DEVELOPMENT, LLC prepared by ROBERT M. CHILES, P.E. CAMA 1.00: Existing Conditions CAMA 1.10 : Proposed Conditions CAMA 1.20 : Peninsula Area Plan and Sections CAMA 1.30 : Existing Hotel Area -Plan and Sections CAMA 1.40 : Proposed Building 3 Area -Plan and Sections CAMA 1.50 : Proposed Hotel Area -Plan and Sections CAMA 1.60 : Architectural Elevations DRAWINGS Gr~~osJ~ g r~~~. NCDENR North Carolina Department of Environment and Natur~a~ hesources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Dlr@CtOr William G. Ross Jr., Secretary 27 July 2006 CERTIFIED MAIL 7003 3110 0002 0608 6672 RETURN RECEIPT REQUESTED Bridge Pointe Development, LLC C/O Robert M. Childs, P.E. Engineers, Consultants, & Marine Surveyor Post Office Box 3496 New Bern, North Carolina 28564 Dear Mr. Childs: 0 ~~~Q V Aur, X920 ~ 06 ~nrps'~srr~~q~~ry ~e~y The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored) form is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 1508 with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, ~~ ~. ~~ David W. Moye Express Permits Coordinator 252-948-3852 Enclosure 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 l FAX: 252-948-0478 1 Internet: www.nccoastalmanagement.ned An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper ..: , . r.,. Y..,.~~,~„ i G 1111E 1.1~iSS NEW (Express Permit Program) Permit Number 106-06 STATE OF NORTH CAROLINA Department of Environment and NaturaLResources and Coastal Resources Commission ~rrrYit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Bridge Pointe, for Bridge Pointe Development, LLC, 1315 S Glenburnie Rd, New Bern, NC 28561 Authorizing development in Craven f:ounty nn the Trent River, adjacent L1S 17 BusinF~ss and Howell Road (SR 10041 City of New Bern, as requested in the permittee's application dated 05/12/2006 including the attached workplan drawings (101 two dated 05/12/2006 and eight dated 09/21/2005 This permit, issued on _July 27, 2006 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. 1) Unless specifically altered herein, this permit authorizes the construction of three residential condominium buildings, a hotel, 2 pools, a marina office, replace bulkhead and retaining wall, construct waterfront sidewalks, and parking areas, all as depicted in the attached permit application and workplan drawings. This permit also authorizes the demolition and removal of the existing Bridge Pointe Hotel complex and associated grading. Stormwater Manatement 2) In order to protect water quality, runoff from the construction shall not visibly increase the amount of suspended sediments in adjacent waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. .4V~. ~ C 1=~~5 ~;.~ c,~.~,t.~.,,~ ~o~ Charles S. Jones, Director Division of Coastal Management AlI work must cease when the permit expires on December 31, 2009 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. This permit and its conditions are hereby accepted. Signature of Permittee Bridge Pointe Bridge Pointe Development, LLC ADDITIONAL CONDITIONS Permit # 106-06 Page 2 of 3 3) The Division of Water Quality approval of this project under stormwater management rules of the Environmental Management Commission was covered by way of Stormwater Permit No. SW7060520, which was issued on 06/02/2006. Any violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit. Sedimentation and Erosion Control 4) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and/or properties. NOTE: The permittee has received a Sedimentation and Erosion Control Plan from the NC Division of Land Resources (Project No. CRAVE-2006-056). Should the permittee choose to modify/amend the existing Sedimentation and Erosion Control Permit, he or she should contact the Department of Environment and Natural Resources; Land Quality Section, at 943 Washington Square Mall, Washington, NC 27889. Shoreline Stabilization 5) The proposed alignment of the authorized bulkhead must be staked by the applicant and approved by the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be restaked and approved by DCM within a maximum of 30 days prior to the new expected start of construction. 6) The f258' replacement bulkhead section in the area identified as cross section 3C on the attached work plkts shall : of exte.:u vJaterv~ard more th~u~ 2 feet from the norniai water level at any point along its alignment at the time of construction. 7) The X556' replacement retaining wall shall be located in the same alignment as the existing retaining wall. 8) The bulkhead and retaining walls shall be structurally tight so as to prevent seepage of backfill materials through the structure. 9) The bulkhead and retaining walls shall be constructed prior to any backfilling activities. Sectional construction shall be allowed providing each section is closed off prior to backfilling activity. 10) The fill material shall be clean and free of any pollutants except in trace quantities. 11) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead and retaining walls. Bridge Pointe Bridge Pointe Development, LLC ADDITIONAL CONDITIONS General Permit # 106-06 Page 3 of 3 12) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 13) Any development or land disturbing activity that is considered non-water dependent is not authorized within 50 feet of the normal water level or landward edge of Coastal Wetlands unless specifically exempted by Environmental Management Commission (EMC) Neuse River buffer regulations in place at the time of such development. 14) The N.C. Division of Water Quality is currently reviewing the permit application to determine if the project is in compliance with North Carolina's Water Quality Certification Program and has assigned it Project # 20060829. The permittee must receive a Water Quality Certification from DWQ prior to the initiation of any construction activities NOTE: The permittee and/or his/her contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that maybe required. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project ORM ID: SAW-2006- 32643-125 and authorized the development via USACE Regional veneral Permits 197800056 and 197800080. NOTE: It is strongly recommended that the permittee exercise all available precautions in the day-to-day operation of the facility to prevent facility waste from entering the adjacent waters. Such discharge, either directly or indirectly, to adjacent waters could contravene state water quality standards, thereby violating state law. NOTE: The applicant should contact the City of New Bern Water Department to secure water service agreements and to verify the location of existing water lines and meters prior to demolition and site work. NOTE: The plans and specifications for the new water service must be prepared by a professional engineer registered to practice in North Carolina, and submitted for approval by the Plan Review Unit of the Division of Environmental Health, Public Water Supply Section. ~~,U-oS v 2~ U.S. ARMY CORPS OF ENGINEERS 5sr= a~-~-s~ 2~(~ 3CD WILMINGTON DISTRICT ~,v}.~~~c~l~y ORM ID: SAW-2006-32643-125 County: Craven U.S.G.S. Quad: New Bern NOTIFICATION OF JURISDICTIONAL DETERMINATION ~ ~ b g 2 ~ Property Owner/Agent: Bridge Pointe Development, LLC /ATTENTION Mr. Joseph E. Thomas Address: 1315 South Glenburnie Road New Bern, North Carolina 28561 Telephone No.: (252) 637-7985 Property description: Size (acres) 16.42 acres Nearest Town New Bern Nearest Waterway Trent River River Basin Lower Neuse USGS HUC 03020204 Coordinates N 35.0990 W -77.0886 Location description A 16.42 acre tract located within the 100 block of Howell Road (NCSR 1004) immediately west of the intersection with U.S. Highway 70 Business adiacent to the Trent River in Craven County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination _ Based on preliminary information, there maybe wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). J B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the pemut requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on 6/16/2006. Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ Please be advised that a Prior Converted Cropland (PC) determination made by the Natural Resource Conservation Service (NRCS) remains valid as long as the area is devoted to an agricultural use. If the land changes to anon-agricultural use, the PC determination is no longer applicable and a new wetland determination is required for Clean Water Act purposes. Page 1 of 2 ORM ID: SAW-2006-32643-125 _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this deternnation and/or the Corps regulatory program, please contact Mr. Scott Jones, PWS at (252) 975-1616 ext. 27. C. Basis For Determination This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is Hart of a broad continuum of wetlands connected to the Trent River, a tributary of the Neuse River. D. Remarks Plat prepared by Robert M. Chiles, P.E., Engineers and Consultants, on September 21 2005 (Job No 20052101 Plat is title_d~ "WETLAND DELINEATION OF BRIDGE POINTE FOR BRIDGE POINTE DEVELOPMENT LLC" E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this deternnation, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the South Atlantic Division, Division Office at the Following address: Mr. Michael F. Bell, Administrative Appeal Review Officer CESAD-ET-CO-R U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 08/16/2006. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date 06/16/2006 Expiration Date 06/16/2011 Copy fiunished: Mr. Michael Rice Robert M. Chiles, P.E. Engineers and Consultants Post Office Box 3496 New Bem, North Carolina 28564-3496 Page 2 of 2 JURISDICTIONAL DETERMINATION Revised 8/13/04 U.S. Army Corps of Engineers DISTRICT OFFICE: CESAW-RG-W FILE NUMBER: SAW-2006-32643-125 PROJECT LOCATION INFORMATION: State: NC County: Craven Center coordinates of site (latitude/longitude): 35.0990 / -77.0386 Approximate size of area (parcel) reviewed, including uplands: 16.42 acres. Name of nearest waterway: Trent River Name of watershed: Lower Neuse JURISDICTIONAL DETERMINATION Completed: Desktop determination ^ Date: Site visit(s) ® Date(s): 11/9/2005 Jurisdictional Determination (JD): Preliminary JD -Based on available information, ^ there appear to be (or) ^ there appear to be no "waters of the United States" and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part 331). Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331). Check all that apply: a There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: There are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the reviewed area. Approximate size of jurisdictional area: approximately 0.5 acres. There are "isolated, non-navigable, infra-state waters or wetlands" within the reviewed area. ^ Decision supported by SWANCC/Migratory Bird Rule Information Sheet for Determination of No Jurisdiction. BASIS OF JURISDICTIONAL DETERMINATION: A. Waters defined under 33 CFR part 329 as °°navigable waters of the United States": Q The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. B. Waters defined under 33 CFR part 328.3(a) as "waters of the United States": (1) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. (2) The presence of interstate waters including interstate wetlands. `^~ (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect interstate commerce including any such waters (check all that apply): ^ (i) which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ (iii) which are or could be used for industrial purposes by industries in interstate commerce. Q (4) Impoundments of waters otherwise defined as waters of the US. ^ (5) The presence of a tributary to a water identified in (1) - (4) above. (6) The presence of territorial seas. ® (7) The presence of wetlands adjacentZ to other waters of the US, except for those wetlands adjacent to other wetlands. Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or wetland is not itself a navigable water of the United States, describe connection(s) to the downstream navigable waters. IjB(1) or B(3) is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including why the waterbody is navigable and/or how the destruction of the waterbody could affect interstate or foreign commerce). If B(2, 4, 5 or 6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of Jurisdiction, document the rationale used to make adjacency determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a broad continuum of wetlands connected to the Trent River, a tributary of the Neuse River. Page 3 of 2 Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329) Ordinary High Water Mark indicated by: High Tide Line indicated by: ^ clear, natural line impressed on the bank ^ oil or scum line along shore objects ^ the presence of litter and debris ^ fine shell or debris deposits (foreshore) ^ changes in the character of soil ^ physical markings/characteristics ^ destruction of terrestrial vegetation ^ tidal gages ^ shelving ^ other: ^ other: Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types. Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Robert M. Chiles, P.E. Basis For Not Asserting Jurisdiction: The reviewed area consists entirely of uplands. Q Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7). [} Headquarters declined to approve jurisdiction on the basis of 33 CFR part 328.3(a)(3). [^ The Corps has made acase-specific determination that the following waters present on the site are not Waters of the United States: ^ Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3. ^ Artificially irrigated areas, which would revert to upland if the irrigation ceased. ^ Artificial lakes and ponds created by excavating and/or diking dry land to collect and retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, orrice growing. ^ Artificial reflecting or swimming pools or other small ornamental bodies of water created by excavating and/or diking dry land to retain water for primarily aesthetic reasons. ^ Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose of obtaining fill, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting body of water meets the definition of waters of the United States found at 33 CFR 328.3(a). ^ Isolated, intrastate wetland with no nexus to interstate commerce. ^ Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale: ^ Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale: ^ Other (explain): DATA REVIEWED FOR JURSIDICTIONAL DETERMINATION (mark all that apply): ~ Maps, plans, plots or plat submitted by or on behalf of the applicant. Data sheets prepared/submitted by or on behalf of the applicant. ^ This office concurs with the delineation report, dated ,prepared by (company): ^ This office does not concur with the delineation report, dated ,prepared by (company): Data sheets prepared by the Corps. Corps' navigable waters' studies: U.S. Geological Survey Hydrologic Atlas: ® U.S. Geological Survey 7.5 Minute Topographic maps: New Bern U.S. Geological Survey 7.5 Minute Historic quadrangles: U.S. Geological Survey 15 Minute Historic quadrangles: USDA Natural Resources Conservation Service Soil Survey: Craven National wetlands inventory maps: State/Local wetland inventory maps: FEMA/FIRM maps (Map Name & Date): 100-year Floodplain Elevation is: (NGVD) Aerial Photographs (Name & Date): CESAW Other photographs (Date): Advanced Identification Wetland maps: Site visit/determination conducted on: 11/9/2005 ~] Applicable/supporting case law: Other information (please specify): 'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manua]) (i.e., occurrence of hydrophytic vegetation, hydric soils and wetland hydrology). ZThe term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural river berms, beach dunes, and the like are also adjacent. Applicant: Bridge Pointe Development, File No.: SAW-2006-32643-125 Date: 6/16/2006 LLC At tached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of A ermission) PROFFERED PERMIT (Standard Permit or Letter of ermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E .._ _, ~; clecti"4 n fo . t1 a :.; ~~ ce.arm, . .me . ,, Co s:re ahons~at°33': CFR= a~ 33`1._ . , ;~~; W . ,..: ~,~rc;, -. _.. _ ~ n A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the pemut, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. ' D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. ~~ S. ~' ~ ,,~r. ° 1 y ~ ~P~ or.~B ~TIO S~`f)~,A'.., _ T.L. I3. REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. ,1~?Q -.,- :GO~T~AEQR" I~ES,TTOhTS`OI~~INI~ORM~TI;O ' .~ If you have questions regarding this decision If you only have questions regarding the appeal process you and/or the appeal process you may contact: may also contact: Mr. Scott Jones, Project Manager Mr. Michael F. Bell, Administrative Appeal Review Officer CESAW-RG-W CESAD-ET-CO-R Post Office Box 1000 U.S. Army Corps of Engineers, South Atlantic Division Washington, North Carolina 27889 60 Forsyth Street, Room 9M15 Atlanta, Georgia 30303-8801 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. 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[,r,.. >~ rdi,'~ , •"~ ~ •+ `r' ~ ~ _ ""`~'.ZtipL ~K ~ J`ay Ord ~ }y„!,~ s~;t~j ~'f" ~~ Ai.~';w ~Iq ''] • r • i ~ ~ ~•+•Fr;` ~~[ryy?.,~ 4~;'id' ~~1'~9.~ yy •`.'r~~'~°J^~ , , . .: ~ , ~,~~ r~ -, '~. ~ ~ s,/~ ~ Pr _ r ~ 4 't: f> ~ ~,~, a~ ~ r•~~ ~ i ~+ ~ t ` 1 {1, - t + i ~ i~ ~ w 1131 --~~,-.~ ~ :t r • l ~V' ~~ Try i (~e`r _ . ~ :{~.~,.~: ~ ~. ,; ~. ri • • ' - ._ • . _ `\ a L1 \ T ~~ tj.t y ~`~~~ ~ ~~ i~ ~JtJ ~ t ~i .f. ...... ..~ ~ .. .c"'~ s' ti ~ ' ~' i~} as ~ i 3''_„ ..... ........ ...,....~`~ •~ .~ "~~ ri~~ f ~ fir-.. s '_4~'`~'r y-fSt .-~~_.. ~ , "~`= ,_.., `v L r ~ ~ ~ `C Bridge Pointe Development, LLC 1315 South Glenburnie Road New Bern, NC 28561 ~ ndC-i.p 5 U ~.-~. I ~ MirhaPl F FaclPV l:~.~.....~. William G, Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality June 12, 2006 ___-----_., DWQ Project # 06-0829 raven County Subject Property: Bridge Pointe Trent River [030410, 27-101-(39), SB, SW, NSW] Approval of 401 Water Quality Certification (GC3400) and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with th_e attached conditions, to 6110.0118 acres of non-vegetated 404 wetland (river bottom) and shade 0.0220 acres of vegetated wetland and impact 0.00 square feet (ftZ) of Zone 1 protected Neuse River basin ripazian buffer and 400 squaze feet (f'tZ) of Zone 2 Neuse River protected basin ripazian buffer for the purpose of re-development of a 16.42 acre pazcel as a multi-use site, located along the James City waterfront at the confluence of the Trent and Neuse River, .as described within your application dated May 12, 2006, and received by the N.C. Division of Water Quality (DWQ) on May 22, 2006, with more information received by the DWQ on June 7, 2006. After reviewing your application, we have determined that the Division of Water Quality (DWQ) General Water Quality Certification Number 3400 covers these water impacts. This Certification allows you to General Permit No. 198000291 when issued by the US Army Corps of Engineers (USAGE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations and CAMA. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is 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 the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 1501ineaz feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) aze met. No other impacts aze approved including incidental impacts: N Caro~~;na 401 Oversight/Express Permitting Unit ~~ura[ll~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 /Internet: http://h2o.enr.state nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper Page 2 of 2 June 12. 2006 Amount A roved Units Plan Location or Reference Non-ve etated 404 wetland -filled 0.0118 acres DCM Field Investi ation Re ort Ve etated 404 wetland -shaded 0.0220 acres DCM Field Investi ation Re ort Buffer -Zone 1 0.00 s uare feet PCN a e 11 of 12 Buffer -Zone 2 400 s uare ft. PCN a e 11 of 12 2. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. 3. Water Quality Certification The proposed project must comply with all of the conditions of General Water Quality Certification (GC) 3400. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved water impacts), 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final 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 Cyndi Karoly in the Central Office in Raleigh at 919- 733-9721 or Kyle Barnes in the DWQ Washington Regional Office at 252-946-6481. Sincerely, Al W. Klimek, P.E. AWK/~m Enclosures: GC 3400 Certification of Completion cc: Doug Huggett, DCM USACE Washington Regulatory Field Office Kyle Barnes, DWQ Washington Regional Office File Copy Central Files DMF Headquarters, P.O. Box 769, Morehead City, NC 28557 Robert Chiles, P.O. Box 3496, New Bern, NC 28564 Filename: 060829B ridgePointe(Craven}401 _CAMA_NBR ~~~s~~rr r ~ o~-og2~ v2 CITY OF NEW BERN CONDITIONAL USE PERMIT GRANTED On the date(s) listed below, the Board of Alderman for the City of New Bern met and held a public hearing to consider the following application: Owner/Applicant: Bridge Pointe Development, LLC (application dated February 22, 2006; as amended March 28, 2006) Property Location: 1004 Howell Road, New Bern, N.C. ("Bridge Pointe HoteUMarina Site") Proposed use of property: Multi-family residential use Meeting date: March 28, 2006 Having heard all the evidence and argument presented at the hearing, the Board finds that the Applicant has offered competent, material, and substantial evidence to satisfy the six (6) elements established in Code Section 15-56(d) for the issuance of a conditional use permit as follows: (1) The requested permit is within the Board's jurisdiction according to Section 15-146 of the Code of the City of New Bern and all relevant sections of the Code of the City of New Bern. (2) The Applicant's application for a conditional use permit is complete. (3) If completed as proposed in the application, the development will comply with all of the requirements of the City's Land Use Ordinance, Appendix A of the City Code. (4) The use of the Subject Property will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. (5) The use of the Subject Property will not substannaiiy reauce uie value of adjoining or abutting property. (6) The location and character of the use of the Subject Property, if developed according to the plan submitted and approved, will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the City in that the proposed use of the Subject Property is permitted by the City's Table of Permissible Uses. This Conditional Use Permit is subject to all applicable provisions of the Land Use Ordinance, as well as the following condition- The Applicant shall dedicate and construct a public, pedestrian walkway along the Trent River waterfront from the North Carolina Department of Transportation right-of-way at the Trent River Bridge to the northwestern boundary of the subject property near the North Carolina Rail Road right-of-way, generally as is depicted on the drawing attached hereto as Exhibit A, which walkway shall be constructed of brick, concrete, wood, or such other material and at such location as shall be approved by state and federal environmental regulations and requirements. The pedestrian walkway easement shall be conveyed by the Applicant to the City by Easement and Agreement substantially in the form of Exhibit B attached hereto, such easement to become effective and be delivered to the City upon (a) the completion and opening to public use of the presently planned new Trent River Bridge containing a pedestrian walkway thereon of not less than six (6) feet in width crossing the Trent River and with a protective barrier from the vehicular lanes of travel over said bridge and (b) completion of Building 3 as described on the application for this pernut, such completion to be evidenced by the request for a Certificate of Occupancy from the City by the owner of such building. IN WITNESS WHEREOF, the City of New Bern has caused this permit to be issued in its name and the .applicant and all of the property owners of the property above described, do hereby accept this Conditional Use Permit, together with all its conditions, as binding on them and their successors in interest. Ordered as of the 28th day of Mazch, 2006. YOR CITY ERK 050922-0000 l -00 I 2 NBMAIN1679874~Z Exhibit A a id ~ ~ d ~ N e- ! A p ~~ SEGMENT B-C: Width of 10'-0". ~~ Surface materials to be concrete, brick, or a wmbination thereof. SEGMENT C-D: Widt}i of 8'-0". . ' Surface materials to be concrete, brick, or a wmbination thereof. SEGMENT D-E: Width of 8'-0". Surface materials to be concrete, brick. or a combination thereof. SEGMENT E•F: Width.to varyfrom a minimum of 7'-0". Surface ma[erialrto 6e cotcrete, brick or a combination thereof. SEGMENT F-G: Width of ] 0'-0" with trx wells to occur at approximately 40' irNetvals inside the Ill walkway. Surface ntaterials to.be concrete, bride, or a combination thereof. SEGMENT G-H: Width to vary from a r- minimum of 7'-0". Surface materials to 1 be concrete, brick, or a combination thereof. ores: (1) Drawing not to scale. (2) Width in excess of G-0" of Segtrients A-B and B-C are _ subject to approval.by NCDENR and CAMA. Owner to make application for incn..aced widths norlater than June 30, 3A07. ~ (3) All grade levels, locations of t f benches. trees, landscapi ng and - walkway surfaces to be determined by Owner. ----------------------~e\ eo~ , ~ o eo' taa BRIDGE POINTS , ; CONDOMINIUMS Walkway Easement. New Beth, North Carolina n,r. nV ~ .. m. m~.v,a.r ~.~«. o~y..na u .uw~a a ~.~ ~ E S ~ 6 N am: or. io.ob SEGMENT A-B: Width of 8'-0" with a ~ nunimum of five benches placed outside ''~_ of the 8' width. Surface materials to be \` T` concrete, brick, wood, synthetic planking ~/ or a combination thereof. _ ^; .rte. ~~ ~ - -'~ ~~ ,~` Exhibit B EASEMENT AND AGREEMENT STATE OF NORTH CAROLINA COUNTY OF CRAVEN THIS EASEMENT AND AGREEMENT made and entered into this the day of , 200_, by and between BRIDGE POINTS DEVELOPMENT, LLC ("BPD"); and THE CITY OF NEW BERN ("City"); WITNESSETH: WHEREAS, as a part of City's waterfront improvement program, City desires that City have a pedestrian access easement across BPD's property ("Property") from the North Carolina Department of Transportation right-of-way on the south side of the Trent River Bridge to the northwestern corner of the Property near the North Carolina Railroad ("NCRR") right-of- way, for the purpose of a pedestrian walkway; and, WHEREAS, BPD has agreed to convey an easement for such purposes to City and City has agreed to certain requests of BPD as set forth herein in consideration of such conveyance and the parties execute this document to put the terms of their agreements about the aforesaid matters in writing. NOW, THEREFORE, for and in consideration of the premises and for and in consideration of the mutual promises, covenants and conveyances herein contained, the parties hereby do agree as follows: Subject to the conditions and provisions herein set forth, BPD conveys to City, its successors and assigns, anon-exclusive, perpetual easement from the North Carolina Department of Transportation right-of-way on the south side of the Trent River Bridge to the northwestern corner of the Property near the NCRR right-of--way, the location of said easement being depicted as "Walkway Easement" on Attachment A attached hereto and incorporated by reference. The easement hereby granted to City shall be solely for the purpose of a pedestrian walkway subject to the terms hereof. 2. BPD shall constnact and maintain within the easement a walkway using brick, concrete, wood or other construction material as may be permitted by applicable state and federal environmental regulations and requirements. BPD shall have the right from time-to-time to relocate portions or all of said easement, and to make additional improvements to the walkway upon the easement provided that any such improvements shall not hinder or prevent the use of the easement as a pedestrian walkway. 4. City shall not have the right to erect or place any improvements, fixtures, signs or personalty within the easement. BPD retains all ownership in the Property, except as expressly otherwise herein provided with respect to the easement, including, without limitation, the absolute right to cross and recross the easement with, and to locate within the easement, both aboveground and underground, machinery, walkways, sidewalks, driveways, equipment, utility lines and pipes (for electricity, water, sewer, fuel, sprinklers, stormwater and other utilities deemed necessary or desirable by BPD) and bulkhead and stormwater detention systems, and to do any act whatsoever, including, but not being limited to, access by vehicle and on foot to and from any portion of the Property, and the installation, construction, use, maintenance, repair and replacement of improvements on any portion of the Property and adjacent properties. 6. BPD reserves the right, from time-to-time, to make, enforce, modify, and amend reasonable rules and regulations with respect to the use of the easement and City agrees to enforce BPD's rules and regulations to the extent allowed by law. Said rules and regulations shall not deprive the public from using said easement as a walkway from 7:00 a.m. to 10:00 p.m. daily, but may prevent any activities on said easement which from time to time are considered by BPD to disturb residents of the Property or decrease the value of, or to detract from the use, occupancy or enjoyment of, the Property or any portion thereof. Said rules and regulations may include, but are not limited to, prohibiting the use of the easement from 10:00 p.m. to 7:00 a.m. daily; the taking of fish or crustaceans; picketing; boisterous, obnoxious or offensive activity or noise; alcohol or dn~g consumption or display; loud talking or noises; skating or skateboarding; the operation of radios, televisions, or other communication devices; human sign boards; loitering; travel by any means of conveyance other than by foot (or in the case of (a) an infant, by a baby carriage or stroller, or (b) a handicapped person, by a handicapped travel device generally permitted in public areas); or the use or presence of any other conveyance, device or activity deemed by BPD to be an annoyance. 2 7. The agreements set forth herein shall benefit and burden BPD and its successors and assigns in the ownership of BPD's property and each and every portion thereof across which such easement runs. BPD reserves the right to allocate its rights and obligations hereunder among its successors and assigns. This Easement and Agreement shall be binding upon and shall inure to the benefit of BPD and City and their successors and assigns. 9. Nothing in this Easement and Agreement, express or implied, is intended to confer upon any person other than the parties and their successors and assigns any right or interest whatsoever. This Easement and Agreement may be amended by recorded written document executed by BPD, its successors and assigns, and by City. 10. The parties agree that each has had input into the content of this Easement and Agreement. The provisions hereof shall not be construed or interpreted against a party because that party is the party who had this Easement and Agreement prepazed. IN TESTIMONY WHEREOF, the parties have caused this instrument to be signed and sealed in a manner so as to be binding, this the day and year first above written. BRIDGE POINTE DEVELOPMENT, LLC By: (SEAL) Manager THE CITY OF NEW BERN By: Mayor ATTEST: City Clerk [SEAL] (SEAL) 4 CRAVEN COUNTY NORTH CAROLINA I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: ,Manager of BRIDGE POINTE DEVELOPMEIV'T, LLC. Date Signature of Notary Public (O~cial Seal) Printed or typed name My commission expires: Notary Public STATE OF NORTH CAROLINA COUNTY OF CRAVEN I, ,Notary Public in and for said County and State, do hereby certify that on the day of , 20 ,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 Cierk for 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 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 Aldermen of said municipal corporation; and that the said instrument is the act and deed of said municipal corporation. WITNESS my hand and official seal this the __ day of , 20 Notary Public My Commission Expires: