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SW7000321_HISTORICAL FILE_20100517
STORMWATER DIVISION CODING SHEET POST -CONSTRUCTION PERMITS PERMIT NO. SW_(j(A)�� DOC TYPE ❑CURRENT PERMIT ❑ APPROVED PLANS HISTORICAL FILE DOC DATE ��(zcI 7- WYYMMDD Vinson, Scott From: Vinson, Scott Sent: Monday, May 17, 2010 1:12 PM To: 'R.M. "Pete" Chiles, P.E.' Subject: RE: Geothermal loop diagram Attachments: image001.jpg Pete, Thanks for the diagram. I've discussed the project with our Buffer/Wetland staff member Roberto Scheller and we have no problems with the project. We do not require any additional information. The buffer impacts proposed are allowed without any additional approval and the State Stormwater Permit does not need to be modified, We will simply place the revision in the file to help keep it updated. Thanks, Scott Vinson, Environmental Engineer NCDENR - DW4 943 Washington Square Mall Washington, NC 27889 (252) 946-6481 Please consider the environment before printing this e-mail. *E:-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may he disclosed to third parties. From: R.M. "Pete" Chiles, P.E.[mailto:pete@robertmchilespe.com] Sent: Friday, May 14, 2010 12:54 PM To: Vinson, Scott Subject: Fwd: Geothermal loop diagram Scott, attached is a pdf of the proposed well heads for your files. Thanks again for your assistance in this matter. Pete R.M. "Pete" Chiles, P.E. Robert M. Chiles, P.E. 417-A Broad St. P.O. Box 3496 New Bern, NC 28564-3496 252-637-4702 Office 252-637-3100 Facsimile 252-670-1688 Mobile -------- Original Message -------- Subject: Geothermal loop diagram Datc:Fri, 14 May 2010 12:28:36 -0400 From:Jim Cornette <5m arm(a�bellsouth.net> To: <petenrobertmehilespe.com> Hi Pete. Diagram as requested through Lucien. Let me know if you have questions. Jim James L. Cornette, P.G. Applied Resource Management, P.C. P.O. Box 882 257 Transfer Station Road Hampstead, NC 28443 910.270.2919 Fax 270.2988 cell 512.4890 SUPPLY PIPE L l I• EARTH BAGKFILL �IpE -�--POL:ATHY-NE FIFE AS SPECIFIED 60REHOLE— pRILL. SUAI.L AS POSSIBLE .BUT NOT Wi E THAN 6" PXKFILL ENTIRE BORE WR THERWA.l,.Y ENRAkED GROU' AS SPECi�'I� 250 FT. BORE DEPTH . J1w7kYlmr FiTAHGS W(M HEAT WELDED TITLE: GEOTHERMAL DETAIL FIGURE: A VERTICAL LOOP SCALE: DRAWN BY: 9io12�a-29f9 Fax ��o-29sa NOT TO SCALE DNH ®' ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS MARINE SURVEYORS 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28664.3496 11 May 2010 Mr. Scott Vinson NCDENR Division of Water Quality Washington Square Mall Washington, NC REFERENCE: - DWQ Permit SW7000321, Front Street Developers' Pollock& Front St., New Bern, NC BUSINESS 252-637-4702 FAX: 252-637-3100 www.robertmehilespe.com Dear Scott, Pursuant to the above referenced permit, Front Street Developers is in the process of finishing out the shell building built on the peninsula on this site. In order to cool the building, the owner, tenant, and contractor have proposed the installation of a closed loop, geothermal water only well system to heat and cool the restaurant building. The installation of these wells will be hidden from view after installation. The City of New Bern Inspections Department has raised the issue that the proposed well locations are inside the 50 ft Neuse River Buffer. These locations are indicated on the attached plan. The proposed condition in the area of the wells is currently compacted gravel, and the wells are 31' from the edge of the bulkhead(inside Zone 2) for the first row and 46' from the edge of the bulkhead for the second row( also inside Zone 2). The proposed development is in keeping with the permitted activities, we are not changing the storm water system, increasing impervious beyond the permitted amount, or otherwise working contrary to permissible activities. If you need further information or if there is any assistance i can provide to expedite satisfying the requirements If you have any questions or we could be of further assistance, please feel free to contact me at your convenience. Best Regards, ROBERT M. CHILES, P.E. Electronic document Pete Chiles R.M. "Pete" Chiles, Jr., P.E. RMC # 201 DO43 1 1 May 2010 FRONT STREET - PERSIMMONS. Page I of 1 m a t oa °>Y OE NEw BERN a .w,n,s� 7' CAWA ,,,E I f iJ i GRASSED ANU PAVER I MARINA ACCESS I $ + ; ❑ SAND RLTER TORMWATER f TREATMENT � Oe I 1 LLI I 1 !LJ +�• PROPOSED CLOSED LOOP }I. EOTHERMAL WELL LOCATION T TYPICAL 25 TOTAL f f r RESTAURANT r I 42043 SO T. bl s I0.2' i PILING fl ' POLLOCK ST�EE�. , M J ~ ~ GRAPHIC SCALE SHEET i OF I FRONT STREET DEVELOPERS, LLC 0 20 40 eo SITE SKETCH I PERSIMIAONS RESTAURANT SHOMNO LrrLMES & PROPOSED IONS GEOTHERKAL WELL LOCAT TpW4� I+O. a 0r 0 W. g — C0.M ROBERT M. CHILES, P.E. oswsse wo m.. Vinson, SCoi From: R.M. "Pete" Chiles, P.E. [pete@robertmchilespe.coml Sent: Thursday, May 13, 2010 2:43 PM To: Vinson, Scott Cc: Lucien Subject: Re: Front Street Developers Persimmons restaurant Scott, the wellheads will be below grade, with a manifold back to the heating/cooling system in the building. Nothing will be visible or above grade onsite. Y am forwarding this to the contractor, to see if we can get that drawing to you. Thanks for the quick response. Pete R.M. "Pete" Chiles, P.P. Robert M. Chiles, P.E. 417-A Broad St. P.O. Box 3496 New Bern, NC 28564-3496 252-637-4702 Office 252-637-3100 Facsimile 252-670-1688 Mobile Vinson, Scott wrote: > Pete, > Y spoke with Roberto Scheller, our Buffer expert about this proposal. > The water wells are exempt from the buffer rules and because it's > being placed on existing impervious (compacted gravel) then any above > ground well casings should also be OK, but could you please send > Roberto& myself a .pdf of the typical above ground well head casing > and pad(s) if any? We just want to add it to the plan and narrative > you have already sent. Thanks, Scott > NOTE: Please update your address book with my new email address Scott.Vinsont@ncdenr.gov > Please consider the environment before printing this e-mail. > *E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. > -----Original Message----- > From: R.M. "Pete" Chiles, P.E.[maiito:pete@robertmchilespe.com] > Sent: Wednesday, May 12, 2010 11:01 AM > To: Vinson, Scott > Subject: Front Street Developers Persimmons restaurant > Scott, 1 , P. > Attached is a letter about and a plan showing the locations of the geothermal closed loop wells. I need to let the City of NB know something,very very soon. Let me know what I can do t6 help get this done. > Pete > R.M. "Pete" Chiles, P.E. > Robert M. Chiles, P.E. > 417-A Broad St. > P.O. Box 3496 > New Bern, NC 2SS64-3496 > 252-637-4702 Office > 252-637-3100 Facsimile > 252-670-1688 Mobile > > -, l 2 ALVID-Ill;WA -a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary January 16, 2008 MEMORANDUM: TO: Bill Moore Kyle Barnes Division of Water Quality ? doa3z� �ce S JAN 12 200$ FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMAIDREDGE & FILL Permit Application Review Applicant: Front Street Developers, LLC Project Location: Adjacent to the Neuse River along the 300 block of East Front Street in downtown New Bern, Craven County Proposed Project: The applicant is proposing to construct a 29-slip marina with excavation. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 2/6/2008. If you have any questions regarding the proposed project, please contact Jonathan Howell at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE ommerce Avenue, Morehead Phone: 252-808-28081 FAX: 252-247133301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper CRAVEN COUNTY 11-15-'�5 1783 STATE 0 T H No�a�.�NA. i;~•� Real Estate Tax AR G Excise FEE ICU STAMPS lea B 1 F7 I , f JAN 11 2008 Filed41StFaffCdrr))Thisf;ol,even Cou y T Excise Tax - I Recording `>:'im Tax Lot No ....................................................... .... Parcel Identifier No................ Verified by..................................................................... County on the .............. day of ............... by................................................................................. . Mail after recording to ..........,.C. H. POPE, JR. Thin instrument was prepared liy .,...IaILLIAAI H. HOLLOWS liriaf description for the Index Book and Page ...................., 19............ NORTH CAROLINA CIENERA.L WARRANTY DEED 'PHIS DEED made this ./iU...... day' of _ .... 9.5 ....., by and hetween GRANTOI; RALPH H. DECKELBAUH and wife, VERA M. DECKELBAU-M, RALPH H. DECKELBAUM, 'Trustee under that Agreement recorded in Book 617 at Page 145 and modified in Book 681 at Page 529 of the Craven County Registry, NB ASSOCIATES, a General Partnership, and HOLIDAY INN OF SEW BERN, a General Partnership GRANTEE FRONT STREET DEVELOPERS, LLC :rater in appropriate block (Dr each party: n;uue, address, and, if appropriate, raiarac:ter• of entity, e.cp. corporation or partnership. 'he designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and hall include singular, plural, masculine, feminine or neuter as required by context, 'ITN'}:SSETH, that the Grantor, for a vaiu<<ble consideration p iid l,y the Grantee, the receipt of which is hereby cknowledged, has and by these presents does grant, bargain, sell .ind c011ve3' unto the Grantee in fee simple, all that ,rtaii) lot cr p ircel of hued SiWu ItQd in the City Of ......... , New. .Bern. ... Nuiiiber,.EighL.._ ... ....- Township, Craven .... ... .I.......... Count`, \orth Carolina and more p;u•ticularly described as follows: See EXHIBIT "A" attached hereto. BK i I o o ra -1 U j- The property hereinabove described Nvas acquired by Grantor by instrument recorded in .............................. A map showing the above described property is recorded in Plat Book .................................... page TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: I.) Rights of others in the waters of the Neuse River and lands thereunder. 2.) Easement recorded in Book 621 at Page 320 of the Craven County Registry. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this Instrument to be signed in its corporaLe name by its duly authorizarld its seal to ed officers be It.; affixed by authority of its Board of Directors, the day and year first above written. SEE SIGNATURE PAGE -_ _---(SEAL) (Corporate Name) •� G 11y:-----------`------ -------------- .."---------------------------^-------'---"-------------------(SEAL) _______________ »President y_ ATTEST; .� -------------------------------------------------------------(SEAL) ____.Secretary (Corporate Seal) r/ -- -_(SEAL) SEAL-STAplP NORT11 CAROLINA-----------------------------------County. x 1, a Notary Public of the County and State aforesaid, certify that .�---------------------------------- Grantor, U ' personally appeared before me this day and acknowledged the execution of the foregoing instrument, witness ruy d )laud and official Stamp or seal, this (Jay of ply commission expires: ------------------------------ ---------------------------------------- Notary Public NORTH CAROLINA-__________________________________Count SEAL-S'i'A1IF y' I, a Notary Public of the County and State aforesaid, certify that ------------------------------------------ I )ersonally came befure me this day and acknowledged that -___ he is ___________________________ Secretary of a ------------------------------------------------------- a North Carolina corporation, and that by authority duly U r. given and as the act of the corporation, the foregoing instrument was signed in its nano, by Its President, sealed with Its corporate seal and attested by ----------- as Its ___________________________ secretary. Witness my hand and official stamp or seal, this ------- day of --------------------------, 19----__--. ply commission expires: ------------------------------ ----------------------------------------- Notary Public Theforegoing Certificate(s) of ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- - ---------------------------------------------------------------------------------------------------------------------------------------------- is/are- certified to be correct. This instrument and this certificate are duly registered At the date and time and in the hook And Page sbotvn on the first page hereof. ------------------------------------------------------------ ---------REGISTER Oh DEEDS FOR --------------- RAVO------------ COUNTY By ----_------_-----------------------.._-_--------------_- _ncputY/Assistant-Register of Deeds N. C. liar Assoc. Morin Nn. 3 ,7 1976. Rvviscd n 1977 a.,, i•��., oo. 127. v:,�t,,,v�u,•, N C, 77u55 P' n, by A9.eem ';'n roe ra. C, fie' A.— — 1781 '3 k 1 I 1 0 ZL(SEAL} PH H. DECKELBAUM VERA M. DECKELBAUM (SEAL) PH H. DECKELBAUM - TRUSTEE EXHIBIT "A'° Beginning at a point in the eastern right of way Line of East Front Street, said point being the northwest corner of the tract described in the deed recorded in Book 725 at Page 31 of the Craven County Registry, THENCE from said point of beginning so located North 09 degrees 08 minutes 00 seconds East 233.47 feet to a point; thence North 34 degrees 54 minutes 00 seconds East 82.10 feet to a point; thence South 80 degrees 57 minutes 00 seconds East 504.9 feet to a point in the Neuse River; thence South 10 degrees 16 minutes 00 seconds West 432.45 feet to a point; thence North 80 degrees 57 minutes 00 seconds West 460.15 feet to a point; thence North 09 degrees 08 minutes 00 seconds East 125.00 feet to a point; thence North 80 degrees 57 minute_s 00 -seconds?°:West-?�72.00 feet,'to the point of beginning, containing.,5.F._09.,"acres :riinore", or1:zess;..in, accordance with a survey by Robert M. Chiles, ' P E r, dated,"January _ �- ' 12, 1994, reference to which is hereby.made.'". " •'-��" ftF..:r. ,=�.:.,.r}ti - e • 1,.: : RSA;': _,4r-; • - t - i, t l ! i " S�Ep ds,,y�yt y 1 �� , T .*5 ]7+i 4, Q $t 1 aK ec WA 41]1 STATE OF MARYLAND l COUNTY OF ry ��� v l�� / `� Ll/Q/r //y�y .1 , ; r 6 • 1. I, _aL Ll/ii/ �sT a Notary Public in?}and for,, said County and State do hereby certify that Ralph H. Deckelbaum,:' Partner of the. Holiday Inn of New. Bern, a General Partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal this day of 1995. CAROL LYNN G is$Iion I Expires NOTARY PUBLIC STATE OF MARYLAND •;'Pf t'r My commission Expires March 28, 1999 (. :STATPL-OF_. MR-YLAND �Tkg � ti _ %,I ; .' �• WdL 101,6y C 57 a Notary Public in and for said,', County and State do hereby certify that Ralph H. Deckelbaum, Partner of NB Associates, a General Partnership, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal this �� day of 1995. Notary Public My.Commission Expires: .. I CAROL LYNN COSTER NOTARY PUBLIC STATE OF MARYLAND My Commission Expires March 28, 1999 State of word! The fonx" is (are) Certified W bo 09 registration this day OW Rac star of Doeda dl Cm PC O� 1N A TE9 Michael F. Easley, Governor `' A oG William G. Ross Jr., Secretary COr North Carolina Department of Environment and Natural Resources 0 Alan W. Klimek, P.E. Director Division of Water Quality July 6, 2006 Front Street Developers, LLC Attn: Mr. John Haroldson PO Box 1169 New Bern, NC 28563 Subject:Stormwater Renewal SW7000321 Front Street Development New Bern, NC Craven County Dear Mr.Haroldson: This office received your request to renew the subject stormwater permit on April 11, 2006. 1 visited the site today to review the status of the project and inspect the stormwater control system. During my site visit, I met with Mr. Richard Brantley, project manager with Bunn -Brantley Enterprises, Inc. We discussed the stormwater control system and the general progress of the development. Based on the information provided by your engineer and my discussions on -site with Mr. Brantley, it is my understanding that the sand filters are constructed substantially according to the approved plans; however, there may be other changes/modifications to the overall site plan (relocation of property lines). In order to complete my review of your renewal request and issue the stormwater permit, the following information is needed: 1) provide an updated site plan showing any changes to your project; including ownership, property boundaries, drainage basins, built -upon areas, etc. 2) provide records of inspections, and operation & maintenance activities performed on the stormwater control system. The above requested information must be received in this office prior to August 7, 2006, or your request will be returned as incomplete. If you need additional time to submit the required information, please mail or fax your request to my attention at the Washington Regional Office. You should also be aware that the Stormwater Rules require that the permit be issued prior to any development activity. Construction without a permit is a violation of 15A NCAC 2H.1000 and North Carolina General Statute,143-215.1 and may result in civil penalties of up to $10,000 per day. If you have questions, please feel free to contact me at (252) 948-3919. Sincerely, William J. Moore Environmental Engineer Washington Regional Office cc: Mr. Richard Brantley Robert M. Chiles City of New Bern Planning/inspections 'Aashington Regional Office oa` NCaro Natutw North Carolina Division of Water Quality Washington Regional Office Phone (252) 946-6481 FAX (252) 946-9215 Internet: h2o.enr.state.nc.us 943 Washington Square ;Mall, Washington, NC 27889 An Equal Opportunity/Affirmative Action Employer — 50% Recycledll0% Post Consumer Paper Customer Service 1.877-623-6748 4t7-A BROAD ST. P 0 BOX 3496 NEW BEAN, NORTH CAROLINA 265S,4-34;8 ROBERT M. CHILES, P.E. FNWNEER�!, ti P-MINF SURVEYORS FACSIMILE COVER SHEET TO: FAX NO.: FROM: No. PAGES (including this page): 12, email 'address-. DATE' PROJI' :CT' REMARKS: Z] TIME: _IL __ __ ouVr-s3: M-637_4702 FAX' 25743r,3iDD COM AM Pm RMC JOB NO.: toECWsc,,kL 0rV;L,AJNDP";NE W.'lNC�rtW4G WANE HYDRCw,FLVl4.lC FJJD LAND 8URA-5 COUMERM_ i-4Du$TRV.L, WAINE AND R.AILRCM) PACUPES CIESIGN FORENSIC E 4GNEfRING AND FAILURE W.LYZIa or-lu.14DAAV 9QRVFYS "NNU wFPjNr, scpwr! --`==r'I' i 417•A aROAD ST. P.O. EOX 3496 NEW BERN, NORTH CAROLINA 2A$04-3496 ROBERT M. CHILES, P.E. ENGINEERS, CO!4SU!_TAN7S MANNE SURVEYORS August 7, 2006 tor. "rilliam J. Moore Environmental Engineer Washington Regional Office North Carolina Division of Water Quality North Carolina Department of Environment and Natural Resources 943 Washington Square Mall Washington, NC 27889 FAX (252) 946-9215 Subject: Siorni water Renewal SW70032t Front Street Development New Beryl, NO Craven County Reference' Your letter. Same subject datod July 6, 2006 Dear lAr. Moore.; BUSINESS 252-637.4792 FAX: 252-637-31 p0 wvnv.robertmchllegpr.coM Your letter of July 5, 2006 requested the following informaiinn and we reply as follows: 1) The Ownership of tha properiy remains with Front Street Developers - The built upon areas are as addressed in the slorrn water plan 2) The project fs underway with construction and maintenance ongoing as the work progresses. We will assis` our client, Front Street Developers and Mr. Haroldson, with additional informotion that your office may find necessary for this renewal of the storm water elan. As yoJ stated in your letter we are Sending this repiy by fax to your attention in order for you to allow additional time for submitting additional information if necessary. Sincerely, Robert M. Chiles PE ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS MARINE SURVEYORS 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 October 1, 2006 To: Mr. William Moore NCDENR DWQ 934 Washington Square Mall Washington, NC 27889 Subject: DWQ Permit No. SW7000321 Renewal BUSINESS 252-637-4702 FAX: 252-637-3100 www.robertmchilespe.com OCT 0 4 2006 Enclosure: 1 } Copy of Boundary Survey "Recombination of Existing Parcels for Front Street Developers" 300 East Front Street, New Bern, North Carolina by Dennis A Fornes and dated 03/29/2006 and a copy of which is recorded in Plat Cabinet H, Slide 51-C in the office of the Craven County Register of Deeds. 2) Copy of a "Comprehensive Site Plan" WATERFRONT RESTURANT &GALLEY STORE" Prepared by Maune Belangis Faulkenberry Architects, PA for Haroldson Properties and issued for NC Division of Water Quality Review 09.26.2006 Dear Mr. Moore: Enclosed please find the drawings of the items that we discussed by phone last week as relates to the renewal of the storm water permit for the subject property. Enclosure 1) shows that the property has been recombined and the ownership remains the Front Street Developers as indicated on the approved plan. Enclosure 2) shows the development currently underway on a portion of the site and this does not include the total site as permitted in the storm water management plan as originally approved. As regards your other concern for easier inspection of the sand filter, Mr. Haroldson will investigate installation of smaller inspection access and he agrees that this will be desirable. Please note that the storm water management system construction was not completed until March 2006 and maintenance has not yet been necessary. Also note that the restaurant construction has just begun on the site. Other structures are in the planning stage, but these will be according to the impervious areas allowed in the Storm Water Management Plan as approved by DWQ. I trust that the enclosed information will be sufficient for your office to issue the renewal of the approval of the Storm Water Management Plan. If you require additional information please call me. Sincerely, R bert M. Chiles P Cc: John Haroldson '',��8� NGINE ROBERT M. CHILES r.0 P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28'>G4-349Fi TE LEP HONE#: 252-637-4702 FAX #: 252-637-3100 office@robertmchilespe.com TO: Mr. Al Hodge, Regional Supervisor NCDENR DWQ 943 Washington Square Mall Washington, NC 27889 We transmit: (XX) herewith {) as requested for your: () signature (XX) distribution {) use the following: () prints () copy of letter O specifications LETTER OF TRANSMITTAL DATE: March 23, 2006 ATTN. Mr. Al Hodqe JOB NO: 99093 REF: Front Street Deveiooers. LLC O under separate cover () via (} information (} records (} review and comments HECEOVED APR 11 2006 DWQ-WARO (XX) approval j.�e,✓ O mylar () plans (XX) other: renewal applications DESCRIPTION DWQ Coastal Stormwater Permit renewal application and fees ($420) Designer's Certification Mr. Hodge: The enclosed application, certification and fees are provided for your approval with regard to Stormwater Permit No. SW7000321 which expires June 15, 2006, Contact us at your convenience should you have any questions or require additional information. CZL1WC'- Michael L. Rice, P.E. W ArFgpG Michael F. Easley, Governor O�0F William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources p Alan W. Klimek, P.E. Director Division of Water Quality March 14, 2006 Front Street Developers, LLC Attn: Mr. John Haroldson PO Box 1169 New Bern, N C 28563 Subject: Stormwater Permit No. SW 7000321 Front Street Developers Craven Dear Mr. John Haroldson, The Division of Water Quality issued a Coastal Stormwater Management Permit, Number SW 7000321 to Front Street Developers, LLC for Front Street Developers on 6/14/2004. This permit expires on 6/15/2006. Section .1003(h) of 15 A NCAC 2H .1000 (the stormwater rules) requires that applications for permit renewals shall be submitted 180 days prior to the expiration of a permit and must be accompanied by a processing fee, which is currently set at $420.00. If this is still an active project please complete and submit the enclosed renewal application in a timely manner. If this project has not been constructed and a permit is no longer needed, please submit a request to have the permit rescinded. If you have sold the project, or are no longer the permittee, please provide the name, mailing address and phone number of the person or entity that is now responsible for this permit. Enclosed is a form for change of ownership, which should be completed and submitted if the property has changed hands. Your permit requires that upon completion of construction and prior to operation of the permitted treatment units a certification of completion be submitted to the Division from an appropriate designer for the system installed. This is to certify that the permitted facility has been installed in accordance with the permit, the approved plans, specifications and supporting documentation. Please include a copy of the certification with your permit renewal request and processing fee. Enclosed is a copy of a sample certification. You should be aware that failure to provide the Designer's.Certification and the operation of a stormwater treatment facility without a valid permit, are violations of NC General Statute 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $10,000 per day. If you have any questions, please feel free to contact me or a member of the coastal stormwater staff with DWQ at 252-946-6481. incerely, A71Odge, �napervisor Surface Water Protection Section Washington Regional Office Enclosures cc: Robert M. Chiles Washington Regional Office North Carolina Division of Water Quality Internet: Nvww.ncwatergualitv.org One 943 Washington Square Mall Phone (252) 946-6481 NorthCarolina Washington, NC 27889 Fax (252) 946-9215 Naturally An Equal OpportunitylAffirmative Action Employer— 50% Recycled110%a Post Consumer Paper +� ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS 8 MARINE SURVEYORS 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 26564.3496 June 8, 2001 Mr. William J. Moore NC DENR/DWQ Washington Field Office 943 Washington Square Mall Washington, N. C. 27889 HAND DELIVERED Subject: Front Street Developers Dear Mr. Moore: BUSINESS: 252-637-4702 FAX: 252•637.3100 rmcengrOCCOMeCi.ne1 LE JUN 8 2001 ELiI j Please find enclosed the following for your information and approval of the above referenced project: Copy of our letter to you dated November 1, 2000 along with copies of the return receipt requested signed by Marian Booth. Copy of fax cover sheet faxed to you on June 6, 2001 attaching the following items: Copy of Division of Water Quality fax transmittal from Jeff Manning to Bob Chiles dated 6/4/01 with attached EMC Water Quality Committee Meeting minutes from May 9, 2001 meeting. Copy of Division of Water Quality transmittal sheet with copy of letter from John Dorney dated June 1, 2001 approving variance. 3. Copy of letter of no objection from Doug Huggett to John Dorney. 3. 2 sets, sheets 1-3 of 3, Front Street Developers, LLC, "Map of Existing Conditions, Stormwater Control Plan, Stormwater Control Details", prepared by Robert M. Chiles, P.E. initially submitted March 24, 2000. Revisions required by DWQ that were made and submitted during September and November of 2000 are incorporated in these drawings (6 sheets total). V truly yours, Robert M. Chiles, .E. RMC:jrf cc: Mr: John Haroldson The above items were received by ," .`�i>t� on June 8, 2001 99093/billmoore MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE t'4 =04 2001 06�-3 FROM DEM WATER QUALITY SECTION TO 8252=106 7 P.01iO4= 19 ]Division of Water Oualitv Water Quality Planning Branch 1617 Mail Service Centex' N 699 1617 Raleigh, C 27 FAX: (919) SVP46M - 733-'t -1 1'1 DATE: C° cA v I TO: P C Nl �� 5 AX NUMBER: 252 - (p 3 %- 3I00 FROM.• �ft� parr f�kase c��� PHONE NUMBER: (919) 733-5053 eztendon. S�� � 'Aon 5 ----' - NO. OF PAGES (including this sheet): G✓.� �r qua �f � �""'' 1k /ylce ti� - '411 Pis . F�`fSv �e�cP�'zOl 17�0� ca�/ �l4 ma % !gip .r 3 16 A/�w Bn rn, NC 2f�S �`f P f r Y" r c C.es (L f�7 I\ - - - II front street developers new hero Subject: front street developers - new bern Date: Tue, 03 Apr 2001 14:06:08 -0400 From: John Dorney <john.dorney@ncmail.net> To: bill.moore@ncmail.net CC: "bob.zarzecki" <bob.zarzecki@ncmail.net>, "Todd St. John" <todd.st.john@ncmail.net> just met with with bob chiles - can you quickly visit the site (this week) to determine what percentage of impervious surface (appx) is present within the buffer (50 feet of the shoreline)? we know that some pavement is there (clearly impervious) but chiles contents that a lot (not all!) of the remaining grassy area is actually underlain by marl and would count as impervious for coastal stormwater managment purposes. this is on the Water Quality Committee agenda next Wednesday for a major variance. any help before then (this week!) would be great. call bob zarzecki or i for questions. thankx P,66 a, -As �g 7_�L stl, b-*"/r -firu> �.�,YC.V4i p�--hy l -70�"" 733 96 4� 1 of] 4/3/01 2:39 PM Front Street Development ., Subject: Front Street Development 7 Date: Tue, 10 Apr 2001 18:51:01 -0400 From: Bill Moore <Bill.Moore@ncmail.net> To: John Dorney <John.Dorney@ncmail.net>, Bob Zarzeeki <Bob.Zarzecki@nemail.net>, Deborah Sawyer <Deborah.Sawyer@ncmail.net> John/Bob I met with Bob Chiles at the subject site this AM. Bob indicated that there was approx 8000 sf of area to mitigate within the 50 ft buffer. He also stated that almost the entire area along the bulkhead and on the peninsula had been filled in the past with rubble (gravel, brick, wood, etc.). He feels that a significant portion of the buffer area in question could be considered impervious due to this rubble fill; and therefore, for mitigation purposes, he would like for us to consider reducing the 8000 sf by one half (mitigate maybe 4000 sf). The following is my understanding of the numbers, issues and possible solutions: (1) the buffer area along the bulkhead is approx 50 x 380 = 19,000 sf the buffer area on the peninsula of land is approx 13,400 sf Total buffer area is approx. 32,400 sf (M5 ac) (2) the buffer area along the bulkhead is about 9500 sf existing asphalt & 9500 sf existing grass soil borings in the grass area showed mix of soil, gravel, brick, wood; obvious signs that area had been altered and filled in the past; pervious nature of soil definitely altered; hard to put a number or percentage without more extensive borings and maybe permeability tests (3) buffer area on peninsula is mostly grass; soil borings similar to those along bulkhead; man altered, filled in the past; pervious nature of soil altered Possible solutions: (1) Impervious area within the buffer along the bulkhead is 8 x 310 ft concrete cover for sand filter = 2480 sf, shown on plat 10 from bulkhead. Move it back off bulkhead, create min. 30 vegetated/landscaped buffer along entire bulkhead area. Runoff from this conc top should not be significant pollution source & can be treated by sheet flow through 30 buffer (2) proposed 5200 sf of impervious area on peninsula; allow 50 % credit due to altered nature of soil (call it existing partially impervious area); owner would have to mitigate 2600 sf at 3:1 The shoreline and buffer area in question has been developed and used for various commercial activities for a number of years. One could argue that these are reasonable solutions given that the buffer in question has been non-existent and/or somewhat dysfunctional over the past several years. Creating the 30 veg buffer along most of the shoreline, & treating the stormwater runoff from the remaining portion of the site (it all use to dump directly to the river) can be viewed as a definite improvement over previous site conditions. With regard to a constructed stormwater 1 of2 4/11/01 7:52 AM Front Street Development wetlands, I don't think that type of system is practical for this site. In an effort to be brief, I have left out considerable discussion. This is a complicated situation. I think if any project warrants an on -site visit by all parties concerned, including the owner, this one does. I'm sure we could find some reasonable solutions that would protect water quality and allow the owner to develop his project. Bill Moore <Bill.Moore c&nemail.net> 2 oF2 4/11/01 7:52 AM front street developers site Subject: front street developers site Date: Wed, 11 Apr 2001 10:02:45 -0400 From: John Dorney <john.dorney@nemail.net> To: rmcengr@connect.com CC: "bob.zarzecki" <bob.zarzecki@ncmail.net>, "Todd St. John" <todd.st.john@nemail.net>, Deborah Sawyer <Deborah.Sawyer@ncmail.net>, bill.moore@ncmail.net, "john_dorney@ncmail.net" <john.dorney@ncmail.net> Just to confirm our phone converstation this morning - You agreed to postpone this variance from April to the May Water Quality Committee meeting_ Bill Moore suggests that we all meet on the site to sort out the percent imperviousness and design options as well. Please call Bob Zarzecki (919-733-9726) to arrange that. meeting_ The remaining items we need clarified in writing are 1) a description of the practicality with supporting data of building a constructed wetland for the new impervious surface or equivelant on -site including plans and cross -sections (see our letter of March 5, 2001). This could include: soil boring information to show the soil limitations on -site. , 2) a description of New Bern's approvals to address the offset payment issue and 3) determination of the existing percent impervious cover on the site which could affect the amount of mitigation required (possibly to your client's benefit) . 1 expect that the site visit that Bill Moore suggests as well as the written material listed above will enable us to bring this one to closure before the MAy WQC meeting. Please call me at 919-733-9646 if you have any questions. thankx l of 1 4/11/01 10:31 AM L➢ :41 Phi ROBERT M C"HES P. U, PA:i NO, 2526373100 P, 1_ ROBERT M. CHILES, P.E. 417•A BROAD `! BUSINESS: 252-637-4702 P. 0. BOX 3496�, NIGHTS: 252.638-2346 NEW BERN, NOQTH CAROLINA 28564-3496 FAX: 252.637-3100 email: nneengq=nned.net p i FACSIMILE SHEET TO: 1 FAX NO: q 2-1 S r I FROM: i /"yq►C b,,,pC /c.e- NO. OF P GES (including this Page) DATE: ` 6 'TIME: A M. '-� P.M. G7�v���--r. 4 o•n� wL .�� c-j deb- 3r, Zino � °� �Ial jja J,- All;�uJ- 31 Z-OQ-13, Tn" 0""Q- 4k X-'O�)eA- V%Nqx A-QUVaAX--Y) u o� rtaw, jeG� IY1F4�,u1NJ C' 7 w Q P1z-zfv1"& cave, a � xs c� r -�� (� i °i a,,- �— 44, --:5 pa nA+M .J]1, o f 4s 1) ,ZZ I� , V Vag . uquse C l s �QCQ-� r'Z - i ' nti+ a ► A/Q 51 rtiL� Q C� aQ., �A "1 _�y f� r 1 �� � �iLp r. -Deb Z,44 "CK1i a y� iC l,en a� AV M� y1 VdiLl Ai Le { 1111ab j } pA%x -T}W C� C asv'�2 v.LC) 4, j G MECHANICAL, Qvi AND MARINE ENGINEERING MAR1 IC AND LAND SURVEYS CIOMMERCIAL, INDUSTRIAL, WING AND RAILROAD FAC3Ufnrz FORENSIC ENG:N INO AND FAILURE ANALYSIS BM'NDARY SURVEYS AND %IAPPRrO SERVICE r C JUN- 6-Ol WED 42 Phi ROBEHT 14 CHUS F. E, FAX U. 2E26373100 417•A BROAD St P.O. BOX 3424 NEW BERK NORTH r� ROBERT M. CHILE4 5 Mr. William Moore � J �b5, i Y a t efK Co � {�^ � Hof � �M n AastrictetlDe'.iveryFae i•� 1 C] (Erdorsemanl Required) �,S'�z ^� Mr. William Moore C3 Told Paetage A F"s N.C. D±±NR m Name rP.'ease Rrirt Cfserls9 Co be com;Wad byma;ler! Division of llx-....Iyli l].ial ON No. ...................... Water Quality .....-_...,•.......----- 943 Washinon Square Mall 'r ....... M hinst..n..Squae_.].1......................... _ Washington, N. C. 27889 Wiil i gton, N.C.27889 I Enclosures: k1. Sand filter calculations, 2 pages, revised. r Drawing; Front Street Developers, LLC, Revised Sandfliter Dimensions, pared by Robert M. Chiles, P.E., November 1, 2000. Ref: i,A. Booklet; Stormwoter Best Management Practices, NCDENR Division of {Water Quality, Water Quality Section, November 1995. 1 Subject: ;Front Street Developers, LLC `Revised Stormwater Sand Filter Dimensions and Calculations. r 9 Dear Mr. Moore: Durii our telephone conversation yesterday you advised our office that the NCDENR design standard for the required surface area of sand filter chambers had been changed. The 360 ft2 minimum surface area indicated on page 27 of Ref. A for both the sePment chamber and the sand filter has been changed to require 360 ft2 of surface area per acre of drainage area. We hpve changed the dimensions of the proiect's sand filter to meet this new standard. A copy of the revised calculations and a dimensioned cross section are 4 enclosed f" your approval. Should you require any additional information, please contact us at your earliest convenience. With the expectation that this revision will result in approval of the stormwaterimanagement plan for this project, we remain I 2&%4•54% r cc: Front treat Front Street Deve pets, 1 MECHANICAL. CIVIL, A�A(RI D MANE FORENSIC ENGINEER10 AND FAILI . _l51 ENGINHM,CONSULTANTS `O s m MAR114C SURVEYORS ru m Dr Postage ! $ CeNGed Fea Ir Return Rece'pl F8e November 1, 200 A (End0rseer0M RegUmdf Very truly yours, ;ROBERT M. CHIVS, P.E. Michael L. Rice, E.I. 99Q93moore MARINE HYDROGRAPMC AND LAND Smug I- M . L 'S'L.IAI- a 'IE AND RAILROAD FACIL.MES DESIGN ROIINDARY SURVEYS AND MAPPING SERVICS 1UN- 5-01 WED :43 H ROEERi NI C;HI'LES P, E, FAX H. 2526373100 F. 3 .,. '4'. - ��- _ �fv �r;a, �, riY+% `+:fit �•:1i:. ,,� Xer.: i♦-- •;'NC B_.i�+..s�,�_:�,tC� ::r• .l3x`, ;;::tip '�:' r; - .. ',-•tic4-�. L.,,h,�;3r�:�.?:r �i( y�,f_i.,- .+. ,;�;i. - .. • '.. COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION I y A ■ Complete items 1, 2; and 3, Alsc complete item 4 It Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpleee, or do the"front If space. paints. - . 1. Article Addressed to: Mr. William Moore NCD6NR Division or Water Quality 943 Wahsington Square Mall Washington,,N. C. 27889 A. IZA bI J L 't:fearly} 1 U. C. Signature - •� �•1 X ! 1 \Q1,11��.sDUbL� 0 Addressee D. Is dtlivety oddresa different horn item 17 0 Yes H YES. enter delivery address below:' ❑ No 3. Se Ice Type ;Fzv ied Mall. ❑ Fxpm" Mall ❑ Registered • )If Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.R. 4. Restricted Delhery7 (Extra Fee) ❑ Yes 2 a'AN,im 6ftU n'V47 PS Forrr1'3811, July 1999 Dornest?o Retum Recent 9% lazsss-0a-u•a�3� -... - ._. _....._ - -. _-'_ __. ...�_-,.-.. .,. ,.. ,...�-lv.-.�s-+n-e4•*'45=1.er-i-"Sc.r...'�'J" SCC .'^.Pa:Kc�� s.' ,t�I.1l1,. UNITED STATES POSTAL SERVICE ' First -Glass Mail postage 8 1=aes Paid LISPS _ Permit fdo. G-ti0 • Sender: Please print your name, address, and ZIP+4 in this box' 1 Robert M. Chiles, P-E' p, a. Box 3496 New Bern, N.C. 28564-3496 Attn: Mike Rice '98258 11111111y { j 1 1 11{1}4111111t111 Jtills list 11.1,"11111tills 11till1111 I 10.0i .509.33 A ll A— r 3.9'. SAND SEDIMEN T CHAMBER CHAURER GRADE EL. 5,50' 2.33' L4.0 SLOTTED DRAIN PIPE; FABRIC WRAPPED 4-io CORRUGATED PLASTIC PIPE, OUTLET INVERT 2.0` SECTION A —A % SEAL 2 -;o 0 -0. Af 001111%00% P SHEET I OF I FRONT STREET DEVELOPERS, REVISED SANDFILTER DIMENSIONS FOR OLD HOLIDAY INN SITE TowNs"a NO. a NOWMSM 1. 70M xe IN* qqws - SCALLr HOT TO SCALE ROBERT M. CHILES, P.E.L view= " CONAXTAIlm CZD JUN- fi-p1 WED 3:45 P11 ROEERT 14 CHILES P E '�C71"a�"�}. •C�tih �-Atirs •ay,�;�;'�� '1',.f"�i••�. �'y^i •. r���' .d_.':ei:••:+,..,1 L. ti, �s +'h. �.Liy: _` ROBERT M.-CHILES, P.E. Engineers & Consultants- . ......_. 1 DRAINAGE AREA d ENTIRE SITE I Existing I " pervious area on site Existing p�,ervious area on site Off -site arj a entering pro;ect area I PHASE 1 PROJEbT AREA ii ENTIRE SITE AFI�E.R PHASE 1 Resuiting�fmpervious Resuitingyprevious 1 Net gain impervious Net loss pervious DESIGN REQUIi EMENTS: [-ffr%1Raexl'r r+uA rAMCn' . VOLU DEPTH FAX CIO. 2526373100 3.42 :k acres = 148,922 t 78,110 70,812 0t 49,925 t 3.42 t acres = 148,922 ± 85,813 t 63,109 t 7,703 t 7,703 ± 5q ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft sq ft (540 ft'lacre) x (3,42 acres) = 1,847 ft' [(300 ft x 3.9 ft) + (7.33 ft x 8.67 ft)] x 2.67 ft = 3,294 ft' (chamber + fcrebay) Required Minimum rovided SURFAC EE AREA Required Minimum 18 in. 24 in. (to weir), 32 in. (to top of chamber) 360 ft2lac x 3.42 ac = 1230 ftz 300 ft x 3.9 ft + 7,33 ft x 8.67 ft = 1234 ftz FILTER MEDIA SHALL BE CLFAN CONCRETE SAND MEETING ASTM C-33. i VOLUME squired (540 ft'/acre) x (3.42 acres) = 1,847 ft' (chamber) rovided 300 ft x 4.1 ft x 2.67 ft = 3,284 fts DEPTH i,ILTER MEDIA) equired Minimum 18 in. rovided 24 in. SURFAT AREA equired Minimum 360 ft2/ac x 3.42 ac = 1230 ft' Provided 300 A x 4.1 ft = 1230 f12 A FRONT MEE DEVELOPERS, LLC P. �st%JIS111frr,rr� % its S/pa 9 SEAS_, `dn S 025568 �' r SndFJ trCaicsRev f 1i.F �-01 WED FILTER MEDIA FLOW' (VOID i SOLUTION 46 PM ROEERT M C I L r S P. E, F-U NO. 2626373100 P, 6 DRAIN IN IDEAL SECTION FLOW TO DRAIN IN ACTUAL SECTION i HIN LAYER OF SAND) (PIPE AT IMPERVIOUS BOTTOM) Water t Water t Sand Sand d d f FOR IDEAL I Impervious bottom SECTION Q = 27rk(t + d-s)1(in 2d/rd), where ii Q =flow k = sail permeability t = depof ponded water = 8" = 0.67' d = dept of drain = 24" = 2' s = water depth above outlet = 0 In = natural logodthm rd = radilis of drain = 2" = 0.167' 0 = 2z(4.00131)(0.67 + 2)1(In((2(2])/0.167) Q = O.OT92 R=/sec per unit length (foot) of drain . a Q into there entire 300 ft. of drain p (0.00692)(300) = 2,076 fV/Sec Q per square foot of filter media surface area (2.076 ft'lsec) / (1230 ft2) = 0.00169 ftlsec (0.00169 ft/sec)(7.48 ga[/ft') = 0.0126 gal/sectW (0.0126 g0sec/ft2)(60sec/min) = 0.756 gallmintft2 SOLUTION FOI ACTUAL SECTION Redud4n factor 0.5, to account fcr perforated pipe = (0.756)(0.5) = 0.38 gal/min/ft= k = C(Djo)z Dia 0.2 mm C=1 k = 1 (0.2) = 0.04 cm/sec k = 0.00131 ft/see factor 0.7-0.9, to account for impervious bottom of filter housing 1 = (0.38)(0.7) = 0.27 gallmirtlft2 DRAW DOWN IME FOR RUNOFF PRODUCED BY 1" RAINFALL (10,118 ft-) [ (10,114 ft')(7.48 gaVW) ] / [ (0.27 gallmin/fta)(1230 f#2)(60 minlhr) ] = 3.8 hours fill itttt►► N ,. SSI, •.�y •. t 4� 60 SEA 0 t o�" � GINS •• �: ►►r►►tn u { r r�r��� FRONT STREET DEVE�OPiERS, LLC SndF1irCa1c5Rev1 JUN- 6-01 WI-D J: 47 FM R 0 B E R T r4. H 1 L EE S P. E. FAX NO. 2526373100 I ROBERT M. CHILES, P.E. P. 0. BOX 34961 NEW KERN, Nj.TH CAROLINA 28564- 3496 errall: rmceng coonnectnet TO FAX NO: FACSIMILE SHEET ro-ci 1-2 e-b u/� 6 - 9�'/ -5- HE NO. OF PAGES (including this Page) DATE: —TIME: REMARKj: BUSINESS: 252-637-4702 NIGHTS: 252-632-2346 FAX: 252-637-3100 00 - A.M. P.M Z'-'� MECRANCAL, 0;.f4 AND MARINE Sk4;NEEAiNG MARNE WDROGRAPHc AND LANE) SLjRVEyS I CCMMEROAL. INDUSTRIAL-MAA!Nr AND RAUCAD FACILMES CESCM FCRENM ENGIN"ING ANO FAILURE ANALYSES GMNCARY SURVEYS ANC FAAPPJNQ SERVICE SUN- 6-Oi DDQ EP,PI11 P.E. . FAX N0, 2526373100 P. 8 J6N-04-2401 0b:43 FROM DEM WATER DUALITY SECTION TO 02526373103 P.01/04 r Division of Water- uali Water Quality Punning Branch 1617 Mail Service Center Raleigh, NC 27699-1617 FAX: (919) US-5W 733-ggt"% DATE- CH//C5 FAX NI mFR: 057" 6 57- 3/00 -- NUMBER: f919)7M-5053 e9CIVdoa: OP PAGES PAGES (including this sheet) f C.41kS SL4"pwar+p 0� Aa Inay 2601 �r �foUr �f Mee - v Wl W Bnr.t, NC 29sLL jm- 5701 WED 3:48 FM P,OBEER T ri C HiI:L:S P. E, FAX H. 2520373100 JUN-04-* 06:44 FROM DEM WTER QUALITY SECTION TO e2526373102 r Y h r. Ip1C WATER QUALITY COMMIE"TTEE MEETING t May 9, 2.001 t Archdale Building ' 12,00 won - 2:00 PM Metnbers�In Attendance: Chairman Pete Peterson, Don Abernethy, Anne Ramer, Franklin Clark, Robert Cook, Robert Eptsng,1yi11 Fowler, Leo Grven, Edwin Melvin Also: Rq))ett Ray, Coleen Sullins, Frank Crawley, et. al, P 9 P.02/04 Ececwiva r No. 1 mamdaras that d w Chair inquires as to whether any member knows of any brown conflict of inreresr or appearance conflict with respect ro rrmvrrers before the Cornmwio�a ,If any meneber knows of a coVicr of inreresr or appearance of conorr, t as a so stare ar this line. 12:00 Noin - Opening Comments UWrmau Peterson *1. for A pro m! of Water Su 1 W [shed Protection O inances in Compliance with th upply Watershed Protection Act (1&o 143-2145) - (Action Item) (Megan Owen) !Wke k indicates consensus item r 2. .. 3. Bander County, Swain County and City of King submitted ordinances and maps that meet or the statewide Water Supply Watershed Protection Rules. Staff recomrnended that the Water Committee approve these local Water Supply Watershed Protection Ordinances. 'line ice approved by consensus. Attachments included in the record_ Item) (Bob Zatxeckl) 11 e staff gave a presentation and went through each condition of the proposed variance. Staff expl ' Led that the general variance would cover all requests for variances for residential construction if certair conditions are met or the affected land areas in coastal counties. Applicants would be required to rec ve written cotifttmaiien from DWQ staff that this variance is applicable to their project. Benefits of tine rnrnittee's approval of this variance include enabling the staff to achieve uniform compliance with c rtain best management practices, such as mitigation, on all projects seeking to be covered by this varian c as well as decreasing ieview time and expenses for individual property owners. Ties approach is si—17=r in nature to the Major Variance for Residential Lots on Barrier Islands (i.e., Ocracoke Varia*e). After some discussion the Committee approved the general Variance. as presented. RWe-KAction item) (Bob Zaroecki) A uest was received for the WQC to grant a variance from the Neuse River Riparian Area Protec oon Requirements for a proposed restaurant, retail shop and sidewalklriverwalk located on the bank the Neuse River on East Front Street in New Bern. Staff presented slides and a history of the site. slides showed that the approximate 3.4 acre parcel contains approximately 47.5% of existing pervio s surface (grass and dirt) and 52.5% of impervious surface (concrete, asphalt and gravel), and has an nnxisting bulkhead along its entire ± 740 feet of shoreline. The applicant. Front Street Developers LLC c, o Mr. John Haroldson, is proposing to add approximately 8,131 square feet of impervious surface within the protecred riparian btiffer_ The applicant has proposed a sand -filter stormwater treatment systerg located below the proposed sidewalk to treat storrnwater and control nitrogen loading to the Page 1 AN- 6-01 WED JUN-Oa- 49 PM ROBER'T M CHILES P. E. FAX NO. 2526373100 P. 10 e6:45 FROM DEM WATER aJALtTY SECTION TO E32526373100 P,03iO4 4. S. River. The DWQ staff made a recommendation to approve the variance request with the ans of the sand -filter system to control all the site stormwater and a 1:1 (8,131 ft) buffer ion. After some discussion, the Committee approved the variance request. - (Action Item) .s presented the draft White Oak River Basinwide Water Quality Plan to the Committee and reque ted permission to take the plan to public meetings in July 2001. Tho staff explained that a final draft [an would be developed based on public review comments and that the final draft would be brow t back to the Committee for final approval in September 2001 along with a request to present it to the fil Commission. Mr. Fowler made statements that a county manager pumps raw sewage when the Emed Isle stormwater ponds are full or near full. After some more discussion about ongoing issues and Xcomplishments in the Basin, the Committee approved the request. - (Action Item) (Alan Clark) Srf updated the Committee on the temporary rulemaking hearing processes and on the comments race; , d thus far. Staff briefly reviewed the Heating Officer's revisions to the final temporary rules and expla�ned that full details would be presented by the Hearing Officers to the Environmental ManaFernent Commission the next day. Staff gave a review of the May 2 Catawba Advisory comriptteesI continents pertaining to the permanent buffer rules and presented the discussed options. The WQC was briefed on the four options that the Division of Water Quality had provided to the Advisory Committees as well as the two additional options that the Advisory Committee members offered at the May 2 meeting. Staff sought a time extension for completing the permanent rule -making procT to order to address complex issues associated with permanent rules. Under the current schedule, draft Permanent rules for tributary stmams were due at the July EMC meeting. Chairman Peterson wond red if the TAC for Mountain Buffers would be willing to be reassembled to look at some of the techn cal issues that have been recently brought up. Mr. Besse recognized the need for more time. lie recon mnded that staff consider all options for protecting buffers and water quality, including the buffei incentives and local control options recommended by the advisory cornnuttee members. and to repor back to the Water Quality Committee in September with a buffer approach considering the vanjoik options_ Mr. Fowler asked about financial implications of the permanent rules. mid Ms. Sullins respo ded that the fiscal note is part of the need for an extension. Site explained that the fiscal note as well other approaches and ideas that had not been considered earlier would be incorporated and prep as part of the permanent rule -making process. After some discussion, the Committee approved n 'n exteg the time period for permanent rulemaking. This means that instead of providing draft perma icnE rule language to the EMC by July, the Division of Water Quality is now being asked to report to the Water Quality Cornmittre in September on its recommended approach for addressing tributz ry streams in the Catawba River Basin. A schedule for developing permanent rules for tributary sirearT s in the basin will be developed along with the report due in September. 5. Gulc-1 �ce_for h terpretin¢ ImtsIieations of Wetland Rulim - (Action Jtem) (.John Dorney) S "ff summarized that the recent 'SWANCC' Supreme Court decision which ruled that impacts to isolate waters could not be covered by 404 Permits issued by the US Army Corps of Engineers (USA E). Staff summarized that, at April's EMC meeting, the Commission unanimously confirmed their '.tent to regulate isolated wetlands under existing wetland standards in 15A NCAC 2B .023I. The EMC n April had directed staff to meet with stakeholders and bring information back to the Water Qualit, Committee concerning this issue. Staff met with a stakeholder group on April 23, 2001 and the stakeh Iders requested that additional information be presented to the Committee on issues such as the definit lon of isolated wetlands, the delineation process, and legislative authority for making temporary Page 2 1liN- 6-01 WED 51 P« ROBEPT M GHILLIES F, 2. FAX NO, 2526373100 JUN--04—A01 06: 45 FROM DEM WATER GURL I TY SECTION TO 8?526373100 P . 04/04 A w E ruleF ro allow impacts to isolated weiiands. Staff presented this information to the Committee_ In further detail, Mr. Domey explained how the Wilmington USACE office determines what is an isolated wetla' d. He summarized that this decision is made on a case -by -case hasis by USACE. In summary, an� that is Lot an isolated wetland would have surface connections by ditches, intermittent and perennial waters or the presence of a continuous wetland connected to a stream. In contrast, an area that is an isolated wetland either has no surface connection whatsoever or is connected only by a stormwater c °el or shcetflow. Staff summarized that the Attorney General's staff advice is that the EMC � have he authority to regulate isolated wetlands. Mr. Dorney suggested that options for the EMC to consi cr would be to adopt temporary rules that would include an ainhorization process or to adopt a temporary rule that would set-up a permitting program. Staff offered to provide draft rule language if the �OC would like to view those, and asked for guidance as to the next step. gainnan Peterson summarized that he views this issue as very similar to the rule which reinstated the a eruptions to wetland standards that the EMC approved last year. A motion was made by Mr. Bes4to dirtier staff to develop temporary rules with a stakeholder process and bring them back to the Wate Quality Committee in July. Further detailed discussion ensued, including discussions of the impo mce of isolated wetlands for protection of water quality. Mr. Cook made a substitute motion as foil s; "To authorize staff to investigate the authority for and prepare appropriate amendments to the exis � g wetland rules to address the issue of permitting activity in isolated wetlands. In this context, the s ff is directed to assemble an appropriate stakeholder group and work cooperatively with that grow in attempt to reach consensus and consult staff of the Attorney General to ensure that proper auth• ity exist for these amendments. The staff is then directed to return the proposed amendrnents to the : QC before proceeding to public notice. And, the proposed amendments must be within the existtii�g structure and sections comprising the wetland rules, that is the 2H .0500 rules, in order t4 avoid us ct-,,*}ng a new permitting program." Barnes suggested that Mr. Cook's motion was not consistent with what the full Commission the Committee to do and moved to adjourn. Chairman Peterson then ruled that Mr. Cook's was out of order since it ditrcrly conflicted with the EMC's dit'ective to staff to develop ry rules_ The motion by Mr. Besse was then approved by the Committec to have staff. (1) a Notice of Rulcmaking, (2) develop temporary rules to be brought back to the July WQC while permanent rules are developed, and also (3) obtain a written opinion from the Attorney s office -regarding the authority For temporary rules. and Closing Comments Page 3 Chairman Peterson TOTAL P.04 P. 12 WED �� : I Y p 1I�lG Fax-919 715-5637 �O QG FAX ti0, 2��2�i'i3100 ��1 1 '01 13:15 P. 01/06 Michael F. Eastey Governor V&am G. Ross,Jr.Secretary Gepaftent of Envfrmnent and NAtural Resources Kef., T. Stevens Oivis-on of Water OuaSty a Division of Water Quality Department of Environmental and Natural Resources WetfandsfV Unit Location: 2321 Crabtree Boulevard, Sufte 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: General 919-733-1786 Fax: 919-733-6893 Fax To: Fax Number: ?- ---(63}-31oa Company: G4.: ► _ Cate: ` �, o - — From: phone:_ No. Of Pages Including cover sheet: Notes or special instructions: J. N7 Efi� OiOsion afWa'ar Ouaf:ty 2321 Crat:tred Sfvd, Ste 253 Ratet9,4, KC 216e4-2250 We.fa,=140 tini('. (9,S) 733-17as Fax: (91S) 733-E893 1 FAX NO. 75,16�73t oo P. 13 01- b_0j WK 53 P1A RO$ERT GALLS P, Jun 1 'Ol 1.3 15 P.02/06 WATE DUALITY PL.ARATNG Fax:919-715--5637 Michael E. Easley Governor rWlfiant 0. Ross. Jr., Secretory j Depanmont of En% ironrn" and Natural Resourcas p `C Karr T. StavWn Division of Water 4uality l Jane 1.20( DWQ # 00-06t Cravcn COtrla Page 1 of Front Street Developers, LLC Attu: Mr. Join O. Ilaroldson PO Box I a v_- New Ban, 1YC 28563 Cc. Mr.. obert M. Cltiles,P.E. PO ox 3496 Ne Bern, NC 28564-3496 2.52 37-3100 [fax] RE: Old oliday Inn Site, fast Front Street, New Bern, Craven Couuty, NC Nc River [03-04-10, 27-(96), SC SW NSW] APPROVA of MAJOR VARIANCE per the NEUSE ROVER RIPARIAN AREA PROTECTION RULE 11 SA NCAC 2B .0233(9)) w/ DDITMONAL CONDITIONS Dear Sirs, You avo ow approval, in accordance with the attached conditions and those listed below, to impact 8,131 square feet of riparian buffe for the purpose of constructing the proposed waterfront dcvelopmcnt as described within your Major• variance Request presented to Water Quality Cornmitteo (WQC) of 11)e Environmental Managenicrit Corptniwion (EMC) on May 9: 2001. This letter shall act as y o Major Variance approval as decided by the WQC on May 9, 2001 and described within 15A NCAC 2B .0233(9)(c). In addition, you uld get any other required federal, state or local petraits before you proceed with your project including (but not litnitcd to) CAMAA)r gc and Pill Permit, Division of Water Quality (DWQ) Coastal Sturmwater Perwit, and Sediment and i.rosion Control and NOE-Disci Re. This +proval is only valid for the purpose and design that you described iit your Major Variance Request If you change your project, you in st notify us and you n:ay be required to send us a new application and request a new Major Variance approval through the WQC. If the ; I-yc is sold, the new owner must be given a copy of this approval and is thtreby responsible for complying with all conditions. Fop this approval to be valid, you must follow the conditions listed below and Any applicable conditions listed within 1SA NCAC 213 ,0'3 . 1_ A final, writteo coastmtn al stormwaier agemeacplan and Operation and Maintenance Agreement shall be approved in ring by the DWQ Washington Regional Office before the impacts specified in this Mayor Variance Approval occur. The A water management platy must include the proposed sandfi)W as required by the WQC. Thcsc facilities must be d4igned to treat the runoff from the entire project, unless othcrµise explicitly approved by the DWQ. 2. Y t are regalred to mitigate for impacts to the protected riparian buffers_ The required area of mitigation to compensate for i acts to tl)e protected riparian buffers is 8.131 square fert as required under your Major Variance Approval. We w rstand that you wish to make a payment into the Riparian Buffer Restoration Fund administered by the NC Wetlands R toration Program (WRP) to meet this mitigation requirement. This has been determined by the WQC to be, a suitable me od to meet the mitigation requirement. In accordance %itb the MBjnr Variance Approval, this contribution will satisfy o ompansatory mitigation requirements under 15A NCAC 2$ ,0333(9)(C). UnHI the NM receives and clears your Ch k (made payable to: DFNR -- Wctlandq Restoration Program Wilma). no impacts specified in this Major Variance AP roval can occur. Mr. Ron F--- H should a,c 4n..,,�C.k d 5t (S?r0) 739-s: os it yo- l,d*.; any qucmlons Luncrrn.fng payment int the WkP- For accounting purposes, this Major Variance Approval authorizes payment Into the Riparian $offer R orallou Fund to compensate for $.I3i It2 of required riparian buffer mitigation for impacts to 8,131 ft2 of pro Meted r-iparlart buffers; 03-04.10 river tared subbasia." om c;arorre oNw aon or wales ouaitty, a01 WalanOs certi"ic Wn Unit, 650 Mall Swvlce Centar, RAleigN NO 27699-1650 (Malli ig Addross) 21 Grabtreo 91vd,, Raleigh, NC 27604.2260 (Lncallon) tA-733-1786 fpkma), 919-733-6893 (fax), het YhZc.enrsiate.nc.uVncweplerAs/ 1Uid- -01 WED 54 PM R0EErcT M CH1LES P. E. FAX NO, 2`-26373100 wATE GUM PLANNING i-ax:919-715-5537 Jun '01 13:16 P.03f06 P 1� Pago 2 of 2 3. Upon completion of all work approved within this Major Variance Approval, and any subsequent modifications, the applicant is required to return the attached certi6catc of oompietiUn to the 40IIWetlands Unit, North Carolina Division of Water Quality, 1650 Maki Service Center, Raleigh, NC, 27699-1650. 1f y4a do not accept any of the conditions of this Major Variance Approval. you may ask for and adjudicatory hearing. You must act wittun 60 days of the date that you receive this letter, To ask for a hearing, send a wriuCn petition which conforms to Chapter 15013 ofthc orth Carolina General Statutes to the Office of Administrative Hearings. PO Boa 27447, Raleigh, N.C. 27611-7447. This yla,or Von a Approval and its conditions are final and binding unless you ask for a hearing_ ThJ134). etter completes the review of the Division of Water Quality under. the Ncusc itiver Riparian Buffer protection Rules (15A NCAC 2B . Please call Bob Zarzet lu at 919-733-9726 if you have any questions or require copies of our rules or procedural materials. Si cerely, . tevcns, or Attachment: I DWQ Certificate of Completion Form CAIMAMrodge & fill Permit Application Review wl DWQ. 401 Wetlands Unit corrutkents Cc: Debo h Sawycr, DWQ Washington Regional Office Bill m, DWQ Washington Regional Office Ralei Bland, USACE Washington Regulatory Ficld Office, PO Box 1000, Washington, NC 27889-1000 Ron ll, Wetlands Restoration Program Filac py Centr Files DWQ 000661 I P. 15 PAX 110. HH373200 RUBER I' F M i ri i LES . E. DATE QUALITY PL"ING Fax:919-715-5637 Jun 1 ' O1 13 : 17 P , O4/t]6 Q�oY vv 1(y9oG Michael P. Easltity Governor rr C Wit -tarn G. Ross, Jr., Secretary }_ Deparlmont of Envlrmment and Natural R6souraes P Kerr'-. Stevens Division of Water Qua W NORTH CAROLINA DIVISION OF WATER QUALITY MAJOR VARIANCE APPROVAL SUMMARY OF PERMITTED IPACTSAND MITIGATION REQUIREMENTS In 4ccordance with 1SA NGAC 2B .0233, Mr_ John 0. Haroldson and Front Sirset Di;velopers, LLC have permission s outl'tnad below and within the attached Major Variance Approval w/ additional conditions for the purpose(s) of construcfHE ig the proposed waterfront development_ All activities associated whh these authorized impacts must be conductedith the conditions listed in the attached Major Variance Approval. THIS APPROVAL IS NOT VALID WITHOUT ATTACHMENTS. TORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WAP) DWQ Projea No. 000661 LOCATION: NEW BERN COUNTY: CRAVEN BASINISUB AS1N: 03-04-10 As riquired by 15A NCAC 28.02:33 and the conditions of the Major Variance Approval, you are required to compensate for the above impacts through the restoration of buffers as outlinad below prior to conducting any activities that impact of degrade the waters of the state. 0.0 acres of Gass WL wefiands 0.0 acres of riparian wetland 0.0 acres of non -riparian wetland 0 linear feat of stream channel 8,131 square feet of stream buffers Ono a< the options you have available tv satisfy the compensatory mitigation requirements is through the payment of a fee to the tiparian Buffer Restoration Fund per 15A NCAC 213.0242. It you choose this option, please sign this form and mail It to a WRP at the address listed below. An Invoice for the appropriate amount of payment will be aant to you capon receipt olthis form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECFIVED N TIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP. Signature WETLANDS RESTORATION PROGRAM (1NRi ) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 rth Cerotln* Division or waterQual1y,401 Wooarda Cartiticabon LIM. 54 Mail Servlee Garter, Rals;gh, NC 27699•t$$o (MalrngAddm--) 21 o•abiroe ENV., Raleigh, NC 27604-2250 (Location) 8-733.1786 1phono), 919.733-e893 (tax), http/A124.ehr.d utn.n�,us/rscvrottands/ Date JUF 5-Ol WED : 56 PM kOB nT b4 CHILES P. F. FAX No. 2526373100 YAT OUPLITY PLPNNING Fax:919-715-5637 Jun 101 13:17 f'.05/06 f 0 q Micheal F. Easley GovamCr l i r yYdiam G. Ross, Jr., Secrefery j DGIxi lent of Environment and Natural Roscurm' t7 Y Kerr T. Stevens piAslon Ot Water Wally DWQ PIct No.: County: _ Project N me: Date of 1 uance of 401 Water Quality Certification: Upon co ledon of asp work approved Mithiu the 401 Water Quality Certification or applicable butter Rules, and any subseque modifleations, the atpplicatat is required to return this certifi r ate to the 40UWettands Ua�it, North Carolina t7iviarioa Water QuWAy,1650 Mail Servfee center, Raleigh, NC, 27699.1650.Thls form may be returned to DWQ by the appuUcant, fhe applicant's authorized agent, or the project engfiner.It is not neoessary to send certificates tkom all of these, Certification: I, . hereby state that, to the best of try abilities, due care and diligence was used in t�OfOl tiou of the construcdon such that the construction was observed to he built within substantial compliance and inteWater Quality Cerfificatlon and RnMr Rules, the approved placers and specificadotis, and other supporting material. Signature.-, Agent's 1, - - . hereby state that, to the best of my abilities, due care and diligence was used in the Obsel Vatioll of the construction M26 tbat the construction was observed to be built within substantial compliance and intent of tN 401 Water Quality Cerdflcation and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature:_ If this prof I, - Ambitect, the canstro used is the arid intent i supporting Signature _ Date was designed by a Certlfled Prafeeslonal: . as a duty regWacd Professional _ (i-e., Enginmr, LandscApe ror, ett) in the Stale of North Carolinas, having been authorized to observe (periodically, weekly, full time) of the project, for the Perrnittee hereby state that, to the best of my abilities, clue care and diligence was vation of the construcdon such that the coustruetlon was observed to be built within substantial compliance 40I Wafer Quulity Certification and Buffer Rules, the approved plans and specifications, and other No. r M CnrN{na oivisPon of wmtQr quality, 4v1 wouaniu Certification Una, 50 Maid Service Center, Rerdptt, NC 27699.1050 {Mailing Address) zt Crabtree mvd., nareigh. NC 27604-2260 (Location) 9-733-171BO tphonel, 919.7nW93 i", httpJ/h2o.anr,statc,nc.us!ncweta�ds/ JUN- '6-01 WED wo : 57 PM ROBERT hi CHILES P. E, QUALITY PLANNING Fax:919-715-S637 FAX N0• 252E373100 Jun 1 '01 13:18 ' May 17, 2000 NORTH GAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL REsOURCEs DIVISION OF COASTAL, MANAGEMENY Mr. John R, Dorney Environmental Biological Supervisor Division of Water Quality Doug Hugged o Q Major Permits Processing Coordinator CAMAIDREDGE & FILL Permit Application Review Front Street Developers, LLC,-c/o Robert Chiles, P.'E- Project Ideation: Craven County, adjacent the Neuse River along the 300 block of ,East Front Street in downtown New Beim. Proposed Project: Proposes to install a commercial 9 slip dock, a fuel dock, 20 mooring pilings, five 6' X 40' finger piers, a 735' X 6' access wary; construct a restaurant, a retail shop, concrete sidewalk and a parking area. Please indicate below your agency's position or viewpoint on the proposed project and ret6m this form by June 7, 2000. If you have any questions regarding the proposed pro*t, please contact M. Scott Jones at (252) 808-2808. Whcn appropriate, in-depth comments with supporting data is request,ed. This agency has no objection to the project as proposed. 'This agency has no comment on •the pr*srd project. This agency approves of. the project only if the recommended changes are inearporated. See attached. Taus agency objects to the project for reasons, described in the attached ��-_'rarrtmcsst5. uoyPNP.ae e.tr 0F,.KW NIiTRaN rLAZA 11, 151•Vt M1a1JWAY 14, Ma RI/flAD CITY NC 14g6SY pweu lc s5x-RCB•,'l.BOO PAX+ Zb2•Z4-y-53]O AN Ep4AL Orra"LINITY / ATFIRMAr.vl AeTION rmpkaYLR - 50% AIMWACLCn I JOY P0ST-00P1VU.d[1k PAPER DENA TOIL FREE 146TL1Nrl 1 •8".417-6748 WATER QUALITY PLANNING lax:919-715-5637 Jun 1 '01 13,15 P.02/06 OF YV A f� �Q Michael F, Easley �0 G Governor y r William G. Ross, Jr„ secretary Department of Environment and Natural Resources O `r Kerr T. Stovens Division of Water Quality June 1, 20( DWQ # 00-06( Craven Coun Page 1 of Front Street Developers, LLC - Attn: Mr. John O- Haroldson PO Box 1169 New Bern, NC 28563 Cc: Mr. Robert M. Chiles, P.E. PO Box 3496 New Bern, NC 28564-3496 252-637-3100 ffax) IRE: Old Holiday Inn Site, Fast Front Street, New Barn, CravenCounty, NC Neuse River [03-04-10, 27-(96), SC SW NSW] APPROVAL of MAJOR VARIANCE per the NEUSE RIVER RIPARIAN AREA PROTECTION RULE [15A NCAC 213 ,0233(9)] w/ADDITIONAL CONDITIONS Dear Sirs, You have our approval, in accordance with the attached conditions and those listed below, to impact 8.131 square feet of riparian buffers for the purpose of constructing the proposed waterfront developrncnt as described within your Major Variance Request presented to the Water Quality Committee (WQC) of the Environmental Management Commission (EMC) on May 9'2001. This letter shall act as your Major Variance approval as decided by the WQC on May 9, 2001 and described within 15A NCAC 2B .0233(9)(c). In addition. you should get any other regtttred federal, state or local permits before ,you proceed with votrr project including (but not limited to) CAMAIDredge and rill Permit, Division of Water Quality (DWQ) Coastal Stormwater Pernut. and Sediment and Erosion Control and Non -Discharge. This approval is only valid for the purpose and design that you described in your Major Variance Request If you change your project, you must notify us and you inay be required to send us a new application and request a new Major Variance approval through the WQC. If the property is sold, the new owner must be given a copy of this approval and is thereby responsible for complying with all conditions. For this approval to be valid, you must follow the conditions listed below and any applicable conditions listed widiin 15A NCAC 2B ,0233. 1. A final, written coastal stormw•ater management plan and Operation and Maintenance Agreement shall be approved in writing by the DWQ Washington Regional Office before the impacts specified in this Major Variance Approval occur. The stormkater management plan must include the proposed sandfilter as required by the WQC. Thc,c facilities, must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the DWQ. 2. You are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation to compensate for impacts to the protected riparian buffers is 8.131 square feet as required under your Major Variance Approval. We widerstand that you wish to make a payment into the Riparian Buffcr Restoration Fund administered by the NC Wetlands Restoration Program (WRIT) to meet this mitigation requirement. This has been determined by the WQC to be a suitable method to meet the mitigation requirement. In accordance with the Major Variance Approval, this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 213 .0233(9)(C). Until the VW receives and clears your check (niadc payable to: DENR — Wetlands Restoration Program Office), no impacu specified in this Major Variance Approval can occur. Mr. Ron Ferrnll should he en.itvcted car (919) 739-5208 if you slaw any qucitlorls uUBLCrnrng payment into the WRP- For accounting purposes, this Major Variance Approval authorizes payment Into the Riparian Buffer Restoration Fund to compensate for 8,131 ft1 of required riparian buffer mitigation for impacts to 8,I31 W of protected riparian buffers; 03-04-10 river and subbasin-" Noah Carolina 0'r Won of Waldr Quailty, 401 WattandS Certifeatfon Unit, 1650 Maif Service Center, Raleigh, NC 27699-1650 (MaliingAddress) 2021 Crabtrgo Blvd., Raleigh, NC 27604.2260 (Location) 919.733-1786 (phon9), 919-733-6893 (fax), http;#h2o,enr,state.nc.uatncwettandV WATER QUALITY PL"ING Fax:919-715-5637 Jun 1 '01 13:16 P.03/06 Page 2of2 3. Upon completion of all work approved within this Major Variance Approval, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, I650 Mail Service Center, Raleigh, NC, 27699-1650. if you do not accept any of the conditions of this Major Variance Approval, you may ask for and 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 150E of the North Carolina General Statutes to the Office of Administrative Hearings, PO Box 27447, Raleigh, N.C. 27611-7447_ Tltis Major Variance Approval 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 the Neuse River Riparian Buffer Protection Rules (15A NCAC 2B .(r33). Pleasc call Bob Zarzecki at 919-733-9726 if you have any questions or require copies of our rules or procedural materials. Sincerely, tevens, re or Attachment: DWQ Certificate of Completion Form CA-MA/Dredge & Fill Permit Application Review w/ DWQ. 401 Wetlands Unit comments Cc_ Deborah Sawyer, DWQ Washington Regional Office Bill Moore, DWQ Washington Regional Office Raleigh Bland, USACF Washington Regulatory Field Ofce,P0 Box 1000, Washington, NC 27889-1000 Roza Ferrell, Wetlands Restoration Program File Copy Central Files WATER QUALITY OY Yv 111 0 � PLANNING Fax:919-715-5637 Jun 1 '01 13:17 P.04/06 Michael F. Easley Governor William G. Ross, Jr,, Secretary Department of Environment and Natural Rasourcas NORTH CAROLINA DIVISION OF WATER QUALITY MAJOR VARIANCE APPROVAL SUMMARY OF PERMITTED ]PACTS AND MITIGATION REQUIREMENTS Kerr T. Stevens Division of Water CKWIty In accordance with 15A NCAC 28 .0233, Mr. John 0. Haroldson and Front Street Developers, LLC have _ permission as outlined below and within the attached Major Variance Approval w/ additional conditions for the purpose(s) of constructtng the proposed waterfront development- All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Major Variance Approval. THIS APPROVAL IS NOT VALID WITHOUT THE ATTACHMENTS_ COMPENSATORY MITIGATION REQUIREMENT WETLAND RESTORATION PROGRAM (WRP) DWO Project No. 000661 LOCATION: NEW BERN COUNTY: CRAVEN BASIN/SUBBAS IN: 03-04-10 As required by 15A NCAC 2B .0233 and the condtions of the Major Variance Approval, you are required to compensate for the above impacts through the restoration of buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. 0.0 acres of Class WL wetlands 0.0 acres of riparian wetland 0.0 acres of non riparian wetland 0 linear feet of stream channel 8,131 square feet of stream buffers One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242. if you choose this option, please sign this form and mail it to the WRP at the address listed below. An Invoice for the appropriate amount of payment will be sent to you upon receipt of this foram. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE WRP. Signature WETLANDS RESTORATION PROGRAM (WRP) NC DIVISION OF WATER QUALITY 1619 Mail Service Center Raleigh, NC 27699-1619 (919) 733-5208 North Caro+Ina Division Of Water QUeL ity, 407 wetlands Certification Unit, 1650 Mail Service Centar, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crablre0 6rvQ„ Raleigh, NC 27504-2260 (Location) 919.733-1786 (phone), 919.733-IoM (fax), http:11h2o.enr.state.nc,us/ncwenand3/ Date WATER QUALITY PLANNING Fax:919-715--5637 Jun 1 '01 13:17 P.05/06 oa0j� W rF9pG Michael F. Easley Governor William G. Ross, Jr., Secretary >_ y Department of Environment and Natural Resources 0 Kerr T. Stevens oivlslon of Water Quallty DWQ Project No.: _ _ County: Applicant: Project Name: Date of Issuance of 401 Water Ouality Certification: 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 this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigli, NC, 27699-1650.This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer.It is not necessary to send certificates from all of these. Applicant's Certification: I, . _ _ �, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the eonstructlon such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification: 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed tube built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and speclfcations, and other supporting materials. Signature:_ _ ^, _Date: If this project was designed by a .Certiffed Professional: 1, _ _ _ . as a duty registered Professional (i.e., Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Suffer Rules, the approved plans and specifications, and other supporting materials. Signature _ _ Registration No. Date N,)rth Gt,foilna DIvtslon Or Waior Quality, 4t)1 Wotlands Certification UntL 1650 Mail Service Center, Ralelgn, NC 27699-165C (Mailing Addre") 2321 Crt;btrea Blvd., Aafefgh, NC 27604.2260 (Location) 919-733.1786 (phone), 919.733-093 (fax). httpJ/h2o.amr,state.nc.us/r)cworancisi WATER QUALITY PLANNING Fax:919-715-5637 Jun 1 '01 13:18 P.06/06 qR_ May 17, 2000 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL ResoURCES DIv15[oN OF COASTAL MANAGEMENT NIFAIORANDUM: t TO: Mr, John R. Dorney '� --- -_ --- - Environmental Biological Supervisor Division of Water Quality Doug Huggett .000661 Major Permits Processing Coordinator CAMAIDREDGE & FILL Permit Application Review Front Street Developers, LLC,-c/o Robert Chiles, P.E. Project Location: Craven County, adjacent the Neuse River along the 300 block of East Front Street in downtown New Bern. Proposed Project: Proposes'to install a commercial 9 slip dock, a fuel dock, 20 mooring pilings, five 6' X 40' finger piers, a 735' X 6' access way; construct a restaurant, a retail shop, concrete sidewalk and a parking area. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 7, 2000. If you have any questions regarding the proposed project, please contact M. Scott Jones at (252) 808-2808. When appropriate, in-depth comments with supporting data is reques!pd. V This agency has no objection to the project as proposed. 'This agency has no comment on'the proposed project. This agency appro ves'of. the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached_ colnmcnts. - 1 YORf4�aq CITY O«Iti NESTROM PLAZA 11, 151-9 HIGHWAY 24, MOREKEAn CIT7 NC 20357 PONE: 252-606.2$08 FAX' 262.247-3330 At- EQUAL OrFORTUNITY / AFFIRMATIVE AOTION CMPLOVER - 50% hCCVCLGO / 10% POST-Cp NSUMEN PAP4R DCNR TOLL FREE MOTLINCI t-877-423I-674a JUN 8 2001 WATEROQUALITYLAWING Fax=919-715-5637 Jun 1 '01 13:15 P.01/Ue QG Michael F. Easley Governor y r Wi4tiam G. Ross,Jr,Seaetary Department of Enviranment and Naw4 Resources Kerr. T. Stevens Division of Water Quality Division of Wcter Quality Department of Environmental and Natural Resources Wetlands1401 Unit _1w wo.�Rb--= Location: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: General 919-733-1786 Fax: 919-733-6893 Fax To: ��6 G"I", Fax Number: Company: Zo6 Q, �.� Date From: _ ixk?. Zurc�c,�4, Phone: No. Of Pages including cover sheet. - Notes or special instructions: kfA NCbEA:R Division of water aUality Wetfands,'401 Unit: (9,SJ 733-17E6 Fax. (Sig) 733-EE93 zl6_z -- 63_�-3ioo Gt4- �33-G�Zi� L 2321 Cr3ttree Sfvd. Ste 250 Rafeigh, KC 2760N-2250 Wa.Ro Michael F. Easley Governor William G. Ross Jr., Secretary Department of Environment and Natural Resources Kerr T. Stevens, Director Division of Water Quality DIVISION OF WATER QUALITY June 15, 2001 Front Street Developers, LLC �2.e.6p 4�/a, Attn: Mr. John 0. Haroldson 3-7-1 P.O. Box 1169 av 7po0 ZT 106 New Bern, NC 28563 �eL ro�,Q� f�� Subject: Stormwater Permit No. SW7000321 Front Street Development High Density Stormwater Project Craven County Dear Mr. Haroldson: The Washington Regional Stormwater Application for the s Design modifications were made at from the Neuse Buffer Rules was 2001. Staff review of the plans that the project, as proposed, Regulations set forth in Title 15 Permit No. SW7000321 dated J Developers, LLC. Office received the original ubject project on March 29, 2000. .our request and a Major Variance granted by letter dated June 1, and specifications has determined will comply with the Stormwater A NCAC 2H.1000. We are forwarding une 15, 2001, to Front Street This Dermit shall be effective from the date of issuance until June 15, 2006 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, permit are unacceptable, you adjudicatory hearing upon written following receipt of this permit. of a written petition, conformi Carolina General Statutes, a Administrative Hearings, P.O. Draw Unless such demands are made binding. an n or limitations co have the right request within t This request must g to Chapter 150 filed with er 27447, Raleigh, this permit shall ntained in the this to request 'an hirty (30) days be in the form B of the North Office of NC 27611-7447. be final and 943 Washington Square Mall Washington, NC 27889 252-946-5481 (Telephone) 252-946-9215 (Fax) Front Street Developers, LLC June 15, 2001 Page Two -If you have any questions, or need additional information concerning this matter, .please contact Bill Moore at (252) 946- 6481, extension 264. Sincerely, i� Jim ulligan ��^Y' Water Quality Regional Supervisor Washington Regional Office cc: Robert M. Chiles Engineers John Do.rney - Wetlands Group, Raleigh Graven County Inspections ,/Washington Regional Office Central Files ,a State Stormwater Management Systems Permit No. SW7,0,OQ32 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEME 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 Front Street Developers, LLC Craven County FOR THE construction, operation and maintenance of Stormwater management systems 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 for a sand filter system to serve Front Street Developers located at New Bern, NC. This permit shall be effective from the date of issuance until June 15, 2006 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 on page 4 of this permit, the Project Data Sheet. 3. Approved plans and specifications for this project are ,incorporated by reference and are enforceable parts of the permit. 3 DIVISION OF WATER -QUALITY PROJECT DATA Project Name: Permit Number: Location: Applicant: Mailing Address: Application Date: Water Body Receiving Stormwater Runoff: Classification of Water Body: Total Site Area: Total Impervious Surfaces Allowed: Filter Depth: Required Surface Area for sediment and filter chambers: Provided Surface Area: Required Storage Volume for sediment and filter chambers: Provided Storage Volume: Controlling Orifice: 4 Front Street Developers SW7000321 Craven County Front. Street Developers, LLC Mr. John 0. Haroldson P.O. Box 1169 New Bern, NC 28563 3/29/00; original 6/08/01; complete Neuse River SB NSW 3.42 acres 1.97 acres, Phase 1 2.907 acres, completed project 24 inches to weir height 1231 sf each chamber 1234 sf each chamber 1847 cf each chamber 3294 cf, sediment chamber 3284 cf, filter chamber by pass overflow set at elevation 5.0 ft 4. No homeowner/lot owner/developer shall be allowed to fill in, alter, or pipe any vegetative practices (such as swales) shown on the approved plans as part of the stormwater management system without submitting a revision to the permit and receiving approval from the Division. 5. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change C. Change'of ownership d. Redesign or addition to the approved amount of built -upon area e. Further subdivision of the project area. In addition, the Director may determine that other revisions to the project should require a modification to the permit. 6. 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. II. SCHEDULE OF COMPLIANCE 1. The permittee will comply with the following schedule for construction and maintenance of the stormwater management system. a. The stormwater management system shall be constructed in its entirety, vegetated and operational for its intended use prior to the construction of any built -upon surfaces except roads. b. During construction, erosion shall be kept to a, minimum and any eroded areas of the system will be repaired immediately. 2. The facilities must be properly maintained and operated at all times. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals. 3. The permittee shall at all times provide the operation and maintenance necessary to assure the permitted stormwater system functions at optimum efficiency including, but not limited to: 5 a. Semi-annual scheduled inspections (every 6 months) b. Sediment removal C. Mowing and revegetation of side slopes d. Immediate repair of eroded areas e. Maintenance of side slopes in accordance with approved plans and specifications f. Debris removal and unclogging of outlet structure, orifice device -and catch basins and piping. 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. 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 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. Mail the Certification to the Washington Regional Office, 943 Washington Square Mall, Washington, North Carolina, 27889, attention Division of Water Quality. 7. A copy of the approved plans and specifications shall be maintained on file by the Permittee for a minimum of five years from the date of the completion of construction. III. GENERAL CONDITIONS 1. This permit is not transferable. In the event there is a desire for the facilities to change ownership, or there is a name change of the Permittee, a formal permit request must be submitted to the Division of Water Quality accompanied by an application fee, 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. 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 143-215.6(a) to 143-215.6(c). 0 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) which have 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 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. Permit issued this the 15 th day of June, 2001. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION b— Kerr,T. Stevens, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7000321 7 Front Street Development Sand Filter System Stormwater Permit No. SW7000321 Designer 's'Certif!cation I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, for (Project) (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. Signature Registration Number Date 417-A BROAD ST. P.O. BOX 34% NEW BERN. NORTH CAROUNA 20564.3496 Mr. William Moore N.C. DENR Division of Water Quality 943 Washington Square Mall Washington, N. C. 27889 ROBERT M. CHILE; Ln ENCINEEAS, CONSULTANTS a M MARINE SURVEYORS ru co Ir November 1; rp �1 .SUN 8 2001 Mr. William Moore Postage S Certified Fea ,..i Return Receipt Fee ra (Endorsement Required) © Restncted Delivery Fee C3 (Endorsement Required) C3 a Total Postage & Fees $ S Name (Please Print Ctudy) (to be completed by ma,ie,) m .:Mr-.-_.William..Mao-re............... --•---------•-- -" S DOr PO Box N0, C �� shington..S�u Washington, N.C.27889 rrPF Enclosures: 1. Sand filter calculations, 2 pages, revised. 2. Drawing; Front Street Developers, LLC, Revised Sandfilter Dimensions, Prepared by Robert M. Chiles, P.E., November 1, 2000. Ref: A. Booklet; Stormwater Best Management Practices, NCDENR Division of Water Quality, Water Quality Section, November 1995. Subject: Front Street Developers, LLC Revised Stormwater Sand Filter Dimensions and Calculations Dear Mr. Moore: During our telephone conversation yesterday you advised our office that the NCDENR design standard for the required surface area of sand fiiter chcmbers had been changed. The 360 ft2 minimum surface area indicated on page 27 of Ref. A for both the sediment chamber and the sand filter has been changed to require 360 Ft' of surface area per acre of drainage area. We have changed the dimensions of the project's sand filter to meet this new standard. A copy of the revised calculations and a dimensioned cross section cre enclosed for your approval. Should you require cny additional information, please contact us at your earliest convenience. With the expectation that this revision will result in approval cf the stormwater management plan for this project, we remain Very truly yours, ,ROBERT M. CHIVS, P.E. �• s 1 111 x1 Michael L. Rice, E.I. cc: Front Street Front Street Developers,;. 99093Moore MECHANICAL. CIVIL, AND MARINE MARINE HYDROGRAPHIC AND LAND SURVEYS ,% . L .S"i: JAL. Y '49 AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILU, _rSl 9CUNDAAY SURVEYS AND MAPPING SEAVICS ..'�' ",�.,u��+-`''7 v_ : 1`r: :`I�x- �+w �. A � • , � .:�_',:ti �� :�.. a..�,4.��+ w:� i'4r�''r+'S' '� Y r --,v .�. ,tt+s r,!.r .-.±Hpy� i�� a�� 7+ :"3 t3�' •� , r".�y, Jati..it.;ynY �i..�."`?= - ;3; e1^y,I•�Y. :i ._tq ^.t• ,�% '4•,• S•'-' * . -� �"r a .![� � � �" '`�' � -ram- � :W ii.�'i~. - - Y':i •'-•''�::-; v 1 .r r JAI Campfete items 1; 2, gild 3: Also complete 7c-ig by (A se Print Ctearfy) B: P gj►D yr{` i Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse atureso that we can return the card to you.p Agern - ;. ■ Attach this card to the back of the mailpiece, X - - or on ttie front if space permits. . ❑ Addressee'" D. is d ivery address different from iterri 1? ❑ Yes' >. 1. I re Article Addressed to: If YES, enter delivery address , below: o Mr. William Moore NCDENR "Division of Water Quality 943 Wassington Square Mall Washington, .N. C. 27889 3. se ice Type 4$ Certified Mail. ❑ Express Mail, 2. 709t9 N340661.1. 8 �3��6� 47 .. . ❑ Registered -' )�Retum Receipt.for Merchandise 0 Insured Mail ❑ C.O.D, 4. Restricted Delivery? (Extra Fes) 0 Yes ' PS Form-3811, July 1999 Domestic Return Receipt 99n93' : t{12595-00•M 0�52 .,tea. � ._,��.:•�--� `• First -Class Mail UNITED STATES POSTAL SERVICE Postage &Fees Paid USPS Permit No. G 10 r • Sender: Please Print your name, address, and ZIP+4 in this box • Robert M. Chiles, P.E. P. 0. Box 3496 New Bern, N.C. 28564-3496 Attn: Mike Rice 1111,11111ttl1I1114111it+lrtll,rl111111t1111111r1111lllt111111 10.0 M-6 ml 309.33 --4.1'-- —3.9' to Ili SAN[) SEDIMENT o"O" CARO CI I AM BE R CI iAMBEIR �!: VES Si( GRADE 5,00' J 4.3SEAL .3' 0 0. % sari I mW""' L 4"0 SLOTTED DRAM PIPE, FABRIC WRAPPED 4-0 CORRUGATED PLASTIC PIPE, OUTLET INVERT 2.0' SECTION A —A SHEET 1 OF I RONT STREET DEVELOPERS, REVISED SANDFILTER DIMENSIONS FOR OLD HOLIDAY INN SITE TOWNSHIP NO, 8 CITY OF NEW BERN CRAVEN CC DAR. ROBERT M. CHILES, F DMAIMS AM CONSMUM NOT TO SCAJE KW 80K NOM CAROLM ROBERT M:-CHILES,'P.E. Engineers &:consultants - DRAINAGE AREA ENTIRE SITE Existing impervious area on site Existing pervious area on site Off -site area entering project area PHASE 1 PROJECT AREA ENTIRE SITE AFTER PHASE 1 Resulting impervious Resulting previous Net gain impervious_ Net loss pervious 3.42 * acres = 148,922 t sq ft 78,110 t sq ft 70,812 t sq ft 0 sq ft 49,925 ± sq ft 3.42 t acres = 148,922 t sq ft 85,813 t sq ft 63,109 t sq ft 7,703 t sq ft 7,703 t sq ft DESIGN REQUIREMENTS: SEDIMENT CHAMBER: F,`�a GIeS VOLUME �g i «. pe rf�.•►' Required (540 ft'lacre) x (3.42 acres) = 1,847 ft-1 Provided [(300 ft x 3.9 ft) + (7.33 ft x 8.67 ft)j x 2.67 ft = 3,294 ft3 (chamber + forebay) DEPTH Required Minimum Provided SURFACE AREA Required Minimum Provided SAND CHAMBER: 18 in. 24 in. (to weir), 32 in. (to top of charr 360 ft'/ac x 3.42 ac = 1230 ft2 300 ft x 3.9 ft+ 7,33 ft x 8,67 ft FILTER MEDIA SHALL BE CLEAN CONCRETE SAND MEETING ASTM C-33. VOLUME Required (540 ft�lacre) x (3.42 acres) = 1,847 ft3 (chamber) Provided 300 'it x 4.1 ft x 2.67 ft = 3,284 ;t3 DEPTH (FILTER MEDIA) Required Minimum Provided SURFACE AREA Required Minimum Provided 18 in. 24 in. 360 ft2lac x 3,42 ac = 1230 ft2 300 ft x 4.1 ft = 1230 ft2 ��itiitiirrilfrrrfrr • SEAL 0255% 00 fffffflllyll�;,�d.,)� FRONT STREET DEVELOPERS, LLC SndFltrCalcsRevl r � � FILTER MEDIA CALCULATIONS: FLOW TO DRAIN IN IDEAL SECTION (VOID WITHIN LAYER OF SAND) FLOW TO DRAW IN ACTUAL SECTION (PIPE AT IMPERVIOUS BOTTOM) — Water t — Water t Sand 1 d Sand d SOLUTION 0V FOR IDEAL _ SECTION Q = 2,rk(t + d -s) / (In 2d/rd), where Q = flow k = soil permeability t = depth of ponded water d = depth of drain s = water depth above outlet In = natural logorithm rd = radius of drain = 8" = 0.67' 24° = 2, =0 = 2" = 0.167' Q = 27(0.00131)(0.67 + 2)/(In((2[2])/0.167) Q = 0.00692 ftzlsec per unit length (foot) of drain Q into the entire 300 ft. of drain = (0.00692)(300) = 2.076 ft'Isec Q per square foot of filter media surface area = (2.076 ft3lsec) / (1230 ft2) = 0.00169 ft/sac = (0,00169 ft/sec)(7.48 gal/ft') = 0.0126 gallsec/ft' = (0.0126 g21/sec/ft2)(60sec/m1n) = 0.756 gallmin/ft' SOLUTION FOR ACTUAL SECTION Reduction factor 0.5, to account for perforated pipe Q = (0.756)(0.5) = 0.38 gWmin/ft2 0 IV Impervious bottom k = C(Dso)2 DIG = 0.2 mm C=1 k = 1 (0.2) = 0.04 cmisec k = 0.00131 ft/sec Reducton factor 0.7-0.9, to account for impervious bottom of filter housing. Q = (0.38)(0.7) = 0.27 gal/minlft2 DRAW DOWN TIME FOR RUNOFF PRODUCED BY 1" RAINFALL (10,118 ft') ((10,118 ft3)(7.48 gailft3) ] / [ (0.27 gal/minlft2)(1230 ft2)(60 min/hr) ] = 3.8 hours ,`�y��er�rrrrrrr VmA G_AR a _J SEA 7a ; 025586 'r��rirrrrlr N1S�� FRONT STREET DEVELOPERS, Lf_C SndFltrCadcsRev 1 +�ti-n�??rs i."';tiY ;1„' i..S�y�j y : 4 4 r is i -.r •' Y S m � f ..il.m � �+ -, : wr.-' t•< ;r "r-iv --5 ti. x •r� sr a�,... r �+n sv t:.t�r••p. •_�i+.iF'�.�.y �:i},1 ��4t4"��awNi � 7F�i.'r .,".r-. c tY�' : � -Pi-- a:r L. r - ti r+.i,M--•+rs S �v:=-a�:c:��'�'`ia�y. '.-� d ,�ru.' .�.x � �..5'7.w'.y�.v5,: �.11 x Y tr S t•n: a �, r st ,f-� Tfd-rRc'.- _ ti„.� -. ': �'� •w• 3r.�: RCBERT M. CHILES, P.E.'- 417-A BROAD ST. BUS;NESS: 252-637-4702 P. 0. BOX 3496 NIGHTS: 252-638-2346 NEW BERN, NORTH CARCUNA 28564.3496 FAX: 252-637-3100 email; rmcengr@?cconnectnet FACSIMILE SHEET EM FAX NO: FROM: NO. OF PAGES (Including this Page) .� DATE: TIME: A.M. P.M./✓ REMARKS: MECHANICAL C:VIL AND MARINE V4GINEERING MARINE HYCRCGRAPHIC AND LAND SURVEYS COMMERCAL INDUSTRIAL MARINE AND RAILRCAD FAC1jrES CESTGN FORENSIC e4GINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE ROBERT M. CHILES, P.E. 417-A BROAD ST. P. 0. BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 email: rmcenoi5Icconnect.net TO: FAX NO: 21 S FROM: ] r rIC, ,&zz' I K iCz NO. OF PAGES (including this Page) DATE: � ' � ' L TIME: A M. 'el55— Gv o U A BUSINESS: 252-637-4702 NIGHTS: 252-638-2346 FAX: 252-637-3100 P.M. JUN 8 2001 REMARKS: I , � ZOO C�~m iJv;e�ua om c �n ti-r� c-� CC) e,-a� Cx, �-� � n�4.�• 3, zooms , T„fiQ.�-�1�.,� ��-.� �1..�. ,c4�E2 �z,�}�n.., n��i,,,u--� C) -JQAJ o V1 v vLv'� Z/ CI., �-a"��.•o��. �Q�4..� I �rtar,le�� �'1'1sk�urN`i U i � ci.,� 1 G. � l,J Q -�.ca� v,�,�: CU`iD �;r •�1.� :S � CL�ti,� L` �r � �i � � � r �r -� I v i C, E) 00o i C--N1 t � s 10. l2' 17 I g,.� r., .non , ( � DaJ �m i C 'o ►r, C1Z2�, ;, (9. f-07 � 0 a e _ -b L✓v? MECHANICAL. CIVIL, AND MARINE ENGINEEERING :MA-0APHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES D FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE a, =j2*` ROBERT NI. C'HLES,�P.E. .. 417-A BROAD ST. A. 0, BOX 3496 NEW BERN. NORTH CAROLINA 28564.3496 email- rmcengr@cconnect.net FACSIM[LE.SHEET TO: BUSINESS: 2 52-637-4702 NIGHTS: 252-63.8-2346 FAX; 252-637-3100 FAX NO: 9 4 Q 2- r 6- FROM: c k,A-0 K /_Ce- NO. OF PAGES (including this Page) DATE: f .M -e%P.M.— IME. REMARKS: � Z000 � �2 -f-t�� oc.vz IL -� /1L9 , .�� 2_01z,0 TILc�C I.�O1Ar� C�SLSL �1�3L x__cIJQ.'z- L; C'. Ll iZ2ilJ�i.c 1� vi rrq jNfn14 C.QV "i a �7 r `Tl �1 1f-�M � •� o-( LC MG 2zc I C--MC. LJOI'\ 01m• j l b t�;`n; �4- '/�i4 �:i� ;�; fr.Ci Ls•�� J\ti CC� VQI1 LQ�v c 9_ n�cuuz a Q Zj f} I 1 R l2- 1 7 nti+ I�J��1Q �1 r'^, �1� C� Q �:�f `� (c ��> � r �v� �A'�z ¢c��� z l\ 5-� m � 1 � Dl�! © CAw, � I � �,'� n csz2� r`c o.�-e� � R �c L✓l? rv�.v>4 lu QW, .�t ovvt go vs b15S 4�- MECHANICAL, CIVIL, AND MARINE ENGINEERING MA APHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES D FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE - �'• • .. . '" . :. y >" -. �' ,`^�- k�-��,+,, yes: _ :. , .. •JUN-04-2001 06:44 :FROM DEM WATER QUALITY SECTION TO 82526373100 P.02iO4 EMC WATER QUALITY COMMITTEE MEETING May 9, 2001 Archdale Building 12:00 noon - 2:00 PM Members In Attendance: Chairman Pete Peterson, Don Abernethy, Anne Barnes, Franklin Clark, Robert Cook, Robert Epting, Will Fowler, Leo Green, Edwin Melvin Also: Robert Ray, Coleen Sullins, Frank Crawley, et. al. Ewcutive Order No. f mandates that the Chair inpires as to whether any member knows of any known conrflkr of interest or appearance of conflict with raspect to matters before the Commusion. If any member meows of a conflict of interest or appearance of conflict, please m state at this rime. 12:00 Noon - Opening Comments Chairman Peterson *I. Request for Approval of Water SupollWatershed Protection Ordinances in Compliance with the Water Supply Watershed Protection Act ff.CGS 143-2145 - (Action Item) (Megan Owen) *asterisk indicates consensus item Alexander County, Swain County and City of King submitted ordinances and traps that meet or exceed the statewide Water Supply Watershed Protection Rules. Staff recommended that the Water Quality Committee approve these local Water Supply Watershed Protection Ordinances. The Committee approved by consensus. Attachments included in the rccord- 2. Request to rove a General Variance for the Nemse and Tar -Pamlico Buffer protection Rules - (Action Item) (Bob Zarzecki) The staff gave a presentation and went through each condition of the proposed variance. Staff explained that the general variance would cover all requests for variances for residential construction if certain conditions are met on the affected land areas in coastal counties. Applicants would be required to receive written confirmation from DWQ staff that this variance is applicable to their project. Benefits of the Committee's approval of this variance include enabling the staff to achieve uniform compliance with certain best management practices, such as mitigation, on all projects seeking to be covered by this variance as well as decreasing review time and expenses for individual property owners. This approach is similar in nature to the Major Variance for Residential Lots on Barrier Islands (i.e., Ocracoke Variance). After some discussion the Committee approved the General Variance as presented. 3. Request for Consideration of a Maior Variance from the Neuse River Riparian Area Protection_ Rule - (Action Item) (Bob Zarzeckd) A request was received for the WQC to grant a variance from the Neuse River Riparian Area Protection Requirements for a proposed restaurant, retail shop and sidewalk/riverwalk located on the bank of the Neuse River on East Front Street in New Bern. Staff presented slides and a history of the site. The slides showed that the approximate 3.4 acre parcel contains approximately 47.5% of existing pervious surface (grass and dirt) and 52.51/1a of impervious surface (concrete, asphalt and gravel), and has an existing bulkhead along its entire ± 74.0 feet of shoreline. The applicant, Front Street Developers LLC c/o Mr. John Haroldson, is proposing to add approximately 8.131 square feet of impervious surface within the protected riparian buffer- The applicant has proposed a sand -filter stormwater treatment system located below the proposed sidewalk to treat stormwater and control nitrogen loading to the Page 1 JON-04'2001- 06.45 FROM DEM WRTER QUPLITY SECT16N 'TO 82526373100 P.03iO4 Neuse River. The DWQ staff made a recommendation to approve the variance request with the conditions of the sand -filter system to control all the site stormwater and a 1:1 (8,131 fe) buffer mitigation. After some discussion, the Committee approved the variance request. 4. Request for Permission to_$end the E2. He Oak_(tiver Basinwide Water Quality Plant to Public eetin - (Action Item) Staff presented the draft White Oak River Basinwide Water Quality Plan to the Committee and requested permission to take the plan to public meetings in July 2001. The staff explained that a final draft plan would be developed based on public review comments and that the final draft would be - brought back to the Committee for final approval in September 2001 along with a request to present it to the full Commission- Mr_ Fowler made statements that a county manager pumps raw sewage when the Emerald Isle stormwater ponds are full or near full. After some more discussion about ongoing issues and accomplishments in the Basin, the Committee approved the request. 5_ Update an Catawba_Temporary Riparian Buffer Rules and Request for Extending the Permanent Riparian Buffer Rules Process - (Action item) (Alan Clark) ^ Staff updated the Committee on the temporary rulemaking hearing processes and on the comments received thus far. Staff briefly reviewed the Hearing Officer's revisions to the final temporary rules and explained that full details would be presented by the Bearing Officers to the Environmental Management Commission the next day. Staff gave a review of the May 2 Catawba Advisory committees' comments pertaining to the permanent buffer rules and presented the discussed options. The WQC was briefed on the four options that the Division of Water Quality had provided to the Advisory Committees as well as the two additional options that the Advisory Committee members offered at the May 2 meeting. Staff sought a time extension for completing the permanent rule -making process in order to address complex issues associated with permanent rules. Under the current schedule, draft permanent rules for tributary streams were due at the July EMC meeting. Chairman Peterson wondered if the TAC for Mountain Buffers would be willing to be reassembled to look at some of the technical issues that have been recently brought up. Mr. Besse recognized the need for more time. He recommended that staff consider all -options for protecting buffers and water quality, including the buffer incentives and local control options recommended by the advisory committee members, and to report back to the Water Quality Committee in September with a buffer approach considering the various options- Mr. Fowler asked about financial implications of the permanent rules. and Ms. Sullins responded that the fiscal note is pan of the need for an extension. She explained that [he fiscal note as well as other approaches and ideas that had not been considered earlier would be incorporated and prepared as part of the permanent rule -making process. After some discussion, the Committee approved extending the time period for permanent rulemaking. This means that instead of providing draft permanent rule language to the EMC by July, the Division of Water Quality is now being asked to report to the Water Quality Committee in September on it's recommended approach for addressing tributary streams in the Catawba River Basin. A schedule for developing permanent rules for tributary streams in the basin will be developed along with the report due in September. 6. gpidanciz-for-Interpreting hzi l Ration of Wetland Rulings,- (Action Item) (John Dorney) Staff summaxzed that the recent 'SWANCC' Supreme Court decision which ruled that impacts to isolated waters could not be coveted by 404 Permits issued by the US Army Corps of Engineers (USACE). Staff summarized that, at April's EMC meeting, the Commission unanimously confirmed their intent to regulate isolated wetlands under existing wetland standards in 15A NCAC 2B .0231. The EMC in April had directed staff to meet with stakeholders and bring information back to the Water Quality Committee concerning this issue. Staff met with a stakeholder group on April 23, 2001 and the stakeholders requested that additional information be presented to the Committee on issues such as the definition of isolated wetlands, the delineation process, and legislative authority for making temporary Page 2 ' .. ,.:�; .r a�.:`"T Yr; � »' • . .' is - .. = '..� JUN-04-2001 06:45 FROM-DEM,WATER QUALITY SECTION TO 02526373100 P.04/04 rules to allow impacts to isolated wetlands. Staff presented this information to the Committee. In further detail, Mr. Dorney explained how the Wilmington USAGE office determines what is an isolated wetland. He summarized that this"decision is made on a case -by -case basis by USAGE. In summary, an area that is ..ot an isolated wetland would havc surface connections by ditches, intermittent and perennial waters or the presence of a continuous wetland connected to a stream. In contrast, an area that is an isolated wetland either has no surface connection whatsoever or is connected only by a stormwater channel or sheetflow. Staff summarized that the Attorney General's staff advice is that the EMC does have the authority to regulate isolated wetlands. Mr. Domey suggested that options for the EMC to consider would be to adopt temporary rules that would include an authorization process or to adopt a temporary rule that would set-up a permitting program. Staff offered to provide draft rule language if - the WQC would like to view those, and asked for guidance as to the next step_ Chairman Peterson summarized that he views this issue as very similar to the rule which reinstated the exemptions to wetland standards that the EMC approved last year. A motion was made by Mr. Besse to direct staff to develop temporary rules with a stakeholder process and bring them back to the Water Quality Committee in July. Further detailed discussion ensued, including discussions of the importance of isolated wetlands for protection of water quality. Mr- Cook made a substitute motion as follows: "To authorize staff to investigate the authority for and prepare appropriate amendments to the existing wetland rules to address the issue of permitting activity in isolated wetlands. In this Comm the staff is directed to assemble an appropriate stakeholder group and work cooperatively with that group in attempt to reach consensus and consult staff of the Attorney General to ensure that proper authority exist for these amendments. The staff is then directed to return the proposed amendments to the WQC before proceeding to public notice. And, the proposed amendments must be within the existing structure and sections comprising the wetland rules, that is the 2H .0500 rules, in order to avoid us creating a new permitting program." Ms. Barnes suggested that Mr. Cook's motion was not consistent with what the full Commission directed the Committee to do and moved to adjourn. Chairman Peterson then ruled that Mr. Cook's motion was out of order since it directly conflicted with the FMC's directive to staff to develop temporary rules. The motion by Mr. Besse was then approved by the Committee to have staff: (1) publish a Notice of Ruletnaking, (2) develop temporary rules to be brought back to the July WQC meeting while permanent rules are developed, and also (3) obtain a written opinion from the Attorney General's office regarding the authority for temporary rules. Discussion and Closing Comments Chairman Peterson This is a summary and is not the official. Committee record Prepared b eff Maord r,2 05.24.01 Reviewed by--- MJohn Dorneti : Page 3 TOTAL P.04 417•A BROAD ST, P.O. BOX 34U NEW BERN, NORTH CAROLINA 28564.3496 Mr. Bill Moore N. C. DENR Water Quality Section 943 Washington Square Mall Washington, N. C. 27889 ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS 8 MARINE SURVEYORS September 22, 2000 SEP 2 5 2000 BUSINESS: 252-637.4702 FAX:252-637-3100 rncengr O cconnect.net Subject: (Revisions -to -Front Street Developers, LLC. Sto_r_mwate_ _r Management Permit' Application Documents. Enclosures: (1) Revised INDEX, revised pages 4, 6 and 9, and new "Filter Media Calculations" page 10 of Stormwater Maintenance plan for Front Street Developers, LLC. 3.42± acre parcel in the 300 block of East Front Street, New Bern, N.C. (2) Front Street Developers, LLC., Sand Filter Bypass Location and Details for the 300-Block East Front Street Site, dated September 21, 2000 prepared by Robert M. Chiles, P.E. Dear Mr, Moore: During your recent conversation with Mr. Chiles, you requested that we perform revisions and additions to the stormwater plan and drawings as submitted. You requested that we show calculations for the 1" runoff volume, specify ASTM C-33 for the sand, calculate the - filtration rate, calculate a draw down time, create a sand filter bypass and indicate a pipe invert on drawing Sheet 3, Section C-C. Page 4 of the stormwater plan is revised to include the 1" Runoff Volume Calculation based upon the maximum allowable impervious area for the site. This addition is the reflected in the revised Index. Page 6, Item 4, Filter Media, is revised to indicate that "a clean concrete sand meeting ASTM C-33 (0.02 to 0.04 inch size) shall be used for the filter media." Additionally, page 9, Calculations, is revised to include a reiteration of the sand specification under the "Sand Chamber" heading. A second Calculations page, the new page 10, includes the equations used to determine the filtration rate of the sand. The draw down time for the one inch rainfall runoff is also on this page. Note that the calculations indicate 24 inches of sand, and 8 inches of head on the sand surface. These numbers reflect the proposed depth of sand, and the height of the open space above the sand within the chamber. Changing h se and dep Fi-to M0 1n�es can provide inches of head, but since the sum of these measurements is use-in�ie_fo m a that change will note elf cf the c-alcutated-flow-ra I The enclosed drawing depicts the details of the,nd �bypossand a proposed installation location. A potential conflict with the planned t may require repositioning the bypass, but the design and its function will not change. The details and planned installation location have been added to Sheet 1 of the project's drawings. MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE Mr. Bill Moore Front Street Developers, LLC. We hav revised Section C-C on Sheet 3 f the project's drawings to indicate an invert elevation of for the 15" O R.C.P. connec ing the forebay and sediment chamber, and ask that you add -he invert elevation to your copy of the drawing.~ Please use the enclosed index and pages 4, 6, and 9 to replace the corresponding original pages in your copy of the document. The new page 10 should follow the revised page 9 and precede the original page 10 in your copy of the document. Also, please add the enclosed drawing to those previously submitted, and make the recommended annotation on Section C-C of your Sheet 3. — Should you require additional information, or have questions or comments about the new submissions, contact us at your convenience. Very truly yours, OBERT M. HIL S, P.E. Michael L. Rice, E.I. MOORE.wpd M OFFICE.USE ONLY, m Date Receive d Fee Paid Permit Number 3- - Sty ?a oa 3 z State of North Carolina Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEMENT PERMIT APPLICATIO_ _N_ �_'_�F_ ORM 1' This form may be photocopied for use as an original{ MAR 2 9 2000 I. GENERAL INFORMATION WA�,HINGTON HI:@NAL 0MC_ 1. Applicants name (specify the name of the corporation, individual, etc. wh oo� was the prolect)�� Front Street Developers, LLC _ 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): John 0 .-,,liaroldson 3. Mailing Address for person listed in item 2 above: . Box 1169 City: New Bern Telephone Number: 252 ) 638-8300. State: N . C . Zip: 28563 4. Project Name (subdivision, facility, or establishment name - should be consistent with project name on plans, specifications, letters, operation and maintenance agreements, etc.): Front Street Developers, LLC 5. Location of Project (street address): East Front Street City: New Bern County: Craven 6. Directions to project (from nearest major intersection): Site is located at intersection of Braod and East Front Streets in Downtown New Bern T Latitude: 30'-' 06' 05" Longitude: 770 02' 06" of project 8. Contact person who can answer questions about the project: Name: Robert M. Chiles, P.E. Telephone Number: ( 252 ) 637-4702 II. PERMIT INFORMATION: 1. Specify whether project is (check one): x New Renewal Modification Form 5WU-101 Version 3.99 Page 1 of 4 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) 3. Specify the type of project (check one): Low Density ! X High Density Redevelop General Permit Other 4. Additional Project Requirements (check applicable blanks): X CAMA Major X Sedimentation/Erosion Control t404/401 Permit J_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 generated by -proposed parking and structures will__be_piped to a sand filter before being -discharged to the Neuse River. The filter was designed following _ applicable requirements listed in NCD_ENR booklet "Stormwater Best Management_ Practices" November 1995. 2. Stormwater runoff from this project drains to the Neuse River basin. 3. Total Project Area: Prase 1 1.15.acres 4. Project Built Upon Ared?hase 1 62 . 7 % 15.4% (New impervious) 5. How many drainage areas does the project have? 1 47.3 % ( Existing impervious) 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. Ba ui Informatiow" TayDrainage A'.f, %£•ir,fi,k.. ,i.. HEAL. r. ... ..». Area '!%s ee. ,.5<0•&f,., .. ?, r. ,',95. .A` ... Drainage Area 0. 6» .,rh. a»M5tim"%f i2'L --.. al...- u. .....- Receiving Stream Name Neuse River Receiving Stream Class SB NSW Drainage Area 3.418 Ac. Entire Site Existin Impervious* Area 1.793 Ac. (Entire Site befo e Phase I) Proposed im ervious'Area 1.970 Ac (Entire Site _a_fte, Phase__ 1} ,0 Impervious* Area (total) 57.6% :fit ervias� SurfaceArea Drama "e Area:1 `x g k.., . Drama ga Area2' : On -site Buildings I 0.036 Ac. Esist /0.118 Ac. (Proposed New) On -site Streets -0- On-site Parking 1 CU76 AC. On -site Sidewalks 0.079 Ac. Other on -site 1.461 Off -site -0- Total: 1.970 Ac. Total: Impervious area is defined as the built upon area including, but not Iimited to, buildings, roads, parking areas, sidewalks, gravel areas, etc. Form SWU-101 Version 3.99 Pace 2 of 4 7. How was the off -site impervious area listed above derived? 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. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number as issued by the Division of Water Quality. These covenants may not be changed or deleted without the consent of the State. 2. No more than square feet of any lot shall be covered by structures or impervious materials. Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material but do not include wood decking or the water surface of swimming pools. 3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings. 4. Built -upon area in excess of the permitted amount requires a state stormwater management permit modification prior to construction. 5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity and performance 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 F0RIIriS 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 farms. . Form SWU-102 Form SWU-103 Form SWU-104 Form SWU-105 Form SWU-105 Form SWU-107 Form SV U-108 Form SWU-109 Wet Detention Basin Supplement Infiltration Basin Supplement Low Density Supplement Curb Outlet System Supplement Off -Site System Supplement Underground Infiltration Trench Supplement Neuse River Basin Supplement Innovative Best Management Practice Supplement Form SWU-101 Version 3.99 Page 3 of 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. 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 $420 (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 & 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 sixes, 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, P.E. Mailing Address: P. 0. Box 3496 City: New Bern Phone:(_252 ) 637-4702 VIII. APPLICANT'S CERTIFICATION State: NC 28564 i I, (print or type name of person listed in General Information, item 2) o !z &,r'01q1S0X— 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 recorded, and that the proposed project complies with the requirements of 15A NCAC 2H .1000./n ifJ Signature: 0 Date: -3-- a 7 - OD a Form SWU-101 Version 3.99 Page 4 of 4 r STORMWATER TREATMENT SUMMARY for FRONT STREET DEVELOPERS, LLC. OLD HOLIDAY INN SITE Improvements to this site will be performed in phases. The first phase will include the construction of two buildings, a parking lot, and a sand filter stormwater treatment device in an area comprising approximately one third of the site. The sand filter for this project will be constructed using a cast -in -place concrete base and concrete block walls, and is sized to serve the future development of the entire site. Roof drains will be installed to direct roof generated run-off to the sand filter for treatment. The drains will connect the building down spouts to the sand filter forebay. S , ze ? The parking lot will be constructed over an existing compacted gravel impervious surface. The new surface will be graded to direct stormwater run-off to two new catch basins. The catch basins will be connected to the forebay of the sand filter using reinforced concrete pipe. The sand filter for this project will have three primary features; a forebay, a sediment chamber and a sand chamber. Stormwater will enter the forebay first, the sediment chamber next, and the sand chamber last before being discharged. These features will function to treat stormwater as follows: • The forebay;was added to receive the stormwater, collect trash and debris, and prolong the time between sediment chamber cleanings. It will be connected to the sediment chamber with a short section of fifteen inch diameter pipe fitted with a downward -turned ninety -degree elbow on its forebay end. In order to provide clearance below the inlet bell of the elbow, the pipe must be placed high in the forebay wall. The elevated placement of the pipe will cause a pool of water approximatel sixteen inches dee to be retained in the forebay. At this depth, the pool will maintain a seal over the elbow inlet and function to trap any floati� 'n debris, ails, and other unwanted fluids from entering the sediment chamber. Additionally, it will act to diffuse 1nflowing stormwater and help begin precipitation of suspended sediments. • The sediment chamber will retain a pool of water approximately 1,800 cubic feet in volume. A surface area three feet wide and three -hundred feet tong will help the chamber function as a stilling basin, wherein the majority of suspended solids will be precipitated. • Stormwater will exit the sediment chamber and enter;the sand chamber through openings in the top course of the wall separating the two chambers. By their position, shape and configuration, these openings will function as a segmented broad crested weir, and cause water to enter the sand chamber in a sheet flow. Water entering the sand chamber will be drawn by gravitythrough two feet of filter media and into a fabric wrapped section of slotted PVC drain_pipetbere to be discharged into the Neuse River. The filter media will be a well -graded sand meeting the Unified Soil Classification System (USCS) gradation SW, with a maximum average particle diameter of two millimeters (2mm). The filter media will serve to remove any finer sediment and sediment bound pollutants from the stormwater as well as providing a media for at least a moderate level of microbial removal of bacteria. FRONT S7RFEs7' DFVELOPF.RS, LLC RMC NO. 99093 . ' I State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director NCDENR NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY October 31, 2000 Front Street Developers, LLC Attn: Mr. John O. Haroldson P.O. Box 1169 New Bern, NC 28563 Subject: Stormwater Permit No. SW7000321 Old Holiday Inn Site Dear Mr. Haroldson: Craven County This office received revisions for the proposed project from Mr. Bob Chiles on September 25, 2000. Bob and I discussed the overall project, and the sand filter design parameters by phone today. While the sand filter design is nearly complete, Bob will need to make some modifications in order to meet all the design requirements in the State BMP manual. Once those modifications are submitted, your stormwater application should be complete. After a final review, I will prepare a draft stornwater permit; however, it would not be appropriate for me to issue the stormwater permit until the Neuse Buffer Issue is resolved. After talking with our staff in Raleigh, it is my understanding that they feel the sand filter treatment option does not provide for 30 % nitrogen removal. For this reason, they may require treatment options other than the proposed sand filter. 1 suggest that you contact Mr. John Dorney, Wetlands Unit Supervisor, in our Raleigh Office at (919)733-9646, to discuss how you might resolve the buffer issue. Once the buffers issue is resolved, I will try to complete my review and issue the state stormwater permit in a tirnely manner. If you have questions, or need further assistance, please feel free to contact me at the Washington Regional Office at (252)946-6481. Sincerely, William J. Moore; Environmental Engineer cc: Bob Chiles John Dorney, Wetlands Unit Bob Zarzec4 Wetlands Unit WARO Files 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481 FAX 252-946-9215 An Equal Opportunity Affirmative Action Employer Subject: SW7000321 Date: Fri, 22 Dec 2000 10:12.38 -0500 From: Jeanette Powell <jcanette.powell@ncmail.net> Organization: NC DENR DWQ To: Bill Moore <Bill.Moore@ncmail.net> CC: Bradley Bennett <bradley.bennett@ncmail.net>, Bill Reid <Bill. Reid@ncmail. net>, John Dorney <John.Dorney@ncmai1.net> Hi Bill_ I just got out of a meeting with Coleen and Dorney regarding the Front Street Development project on the old Holiday Inn site (SW7000321). There are some major issues outstanding on the Neuse buffer variance for this project. The proposed sand filter may meet our SSMP requirements, but the variance will likely require a constructed wetland. Please hold off on reviewing/issuing the State Stormwater Permit for this project until the major buffer variance is resolved. Thanks, JP Jeanette Powell <jeanette.powell a,ncmail.net> NC Department of Environment & Natural Resources Division of Water Quality Stormwater & General Permits Unit I ofl 12/22/00 12:49 I'M A01'r MCDENR DIVISION OF WATER QUALITY November 1, 2000 Memorandum To: Coleen Sullins Through: John Dorney, Dennis Ramsey From. Todd St. John Subject: Front Street Developers/John O. 1-laroldson Craven County DWQ# 000911, D WQ# 000661, Stormwater Permit No. SW000321 We seem to be running into a bit of a snag in regards to this (and perhaps similar) project(s) and covet your review and decision... 54c--& Su-) P zl The applicant has applied for a NPDES Stormwater Permit, a variance from the Neuse Buffer Rules (NBR), and a CAMA Major Permit and associated 401 Water Quality Certification. Both Bradley Bennett and Bill Moore have reviewed this memo and agree with the presentation of the facts. The Wetlands Unit reviewed the application and responded, in writing, on August 29, 2000 in part as follows: "I. Sand Filter Stormwater Treatment Facilities You correctly noted that the nitrogen removal efficiency of sand filters is considered to be 35% (based on one study), according to the Neuse River Basin: Model Stormwater Program for Nitrogen Control. However, the above document does not list sandfilters as appropriate stormwater measures for new development (see Part 2-E, p. 14). Typically, applicants propose stormwater treatment wetlands for Variance requests since these facilities are considered to have the highest nutrient removal rates. In any event, the sandfilter is not acceptable for stormwater treatment. Also, this Office recommends that an extended detention wetland be proposed for stormwater treatment fpr [sic] the reasons below: Please be advised, that if a CAMA Major or Erosion and Sediment Control Permit is required you may need to obtain an NPDES Stormwater Permit for' Coastal Counties. If a written 401 Water Quality Certification (or written concurrence) is�required; a stormwater wetland or a dry detention basin with a level spreader and forested buffer strip may be required. The need for a 401 Water Quality Certification will be determined once the CAMA Staff Report is received by this Office from the Division of Coastal Management." The issues listed above were based on information that we had at the time. We now are certain that a NPDES Stormwater Permit is required and that a written 401 WQC is required in addition to the major variance from the Neuse Buffer Rules. Also, subsequent discussions with Bill Moore, John Dorney and the applicant's engineering firm have revealed that there is a substantial amount of existing impervious area for which the Wetlands Unit typically does not require stormwater treatment (We normally only require stormwater management for new impervious area). As such I discussed with Bill Moore the possibility of requiring the applicant to provide an extended detention wetland for the new impervious area (or equivalent) and use a sandfilter for the rest which would satisfy both 401, NBR and NPDES requirements (I think). Bill seemed amenable to this scenario, but did not seem entirely comfortable that the Division could require a wetland as opposed to a sand filter. I communicated this decision with the ' applicant's engineer who indicated that he did not think wetland construction was possible and would provide us with information to confirm his assertion. I never received any further communication. The engineer has subsequently been in contact with Bill Moore in an attempt to get his Stormwater permit approved. Bill has sent a letter dated October 31, 2000 (attached) advising the engineer that the Wetland's Unit is not satisfied with a sand filter. I must point out, however, that the Wetlands Unit has not "officially" indicated, as far as I know, that sand filters do not remove 30% nitrogen. In fact the Neuse River Basin: Model Stormwater Program for Nitrogen Control, August 30, 1999, indicates in table 2c, page 15, that sand filters remove 35% nitrogen. However, page 14 does not list sand filters as an acceptable BMP for new developments, an omission with which I concur. (Please note, however, that Bradley and Jeanette have told me that they thought this was a mistake and sand filters should have been listed.) In my opinion, sand filters (of the type proposed) have many maintenance issues.;First, my limited experience and discussions with others with more experience tells me that sand filters tend to foul easily by natufe�of the design. Additionally, when sand filters are covered (in this case, I understand it will have metal covers that will be used as a walkway) then if they do foul or fail, it is not readily apparent and could go completely unnoticed. In contrast, extended detention wetlands should provide more aquatic function and better nutrient removal than sand filters. Also, as mentioned in the above quote in the letter from this Office, we may require (as part of a 401 WQC, and currently do require wetlands (or dry ponds followed by forested filter strips), for Stormwater management in NSWs (among others) as in condition no. 13 in the GC for NW 39 (see attached). In this case a 401 WQC is required for the CAMA Major. As such, we normally would require the wetlands anyway as we indicated in the August 29, 2000 letter. In any event, I do not think we can issue the NPDES Stormwater Permit or the 401 WQC until the applicant obtains the necessary variance from the Neuse Buffer Rules -by the EMC WQ Committee. As a result of all of the above, John Dorney requested that I prepare this memo and send it to you so you can decide DWQ's course of action. The main questions are: 1) Should we require an extended detention wetland for the new impervious area to meet 401 WQC requirements in NSWs and/or NBR major variance requirements? 2) Can sand filters be used for- new developments under the Neuse River Basin: Model Stormwater Program for Nitrogen Control, August 30, 1999, even if they are not listed as acceptable BMPs? Ke: Front Street Subject: Re: Front Street Date: Tue, 07 Nov 2000 09:54:45 -0500 From: "Todd St. John" <todd.st.john@ncmail.net> Organization: DWQ Wetlands Unit To: Bill Moore <Bill.Moore@ncmaiI.net> Bill Moore wrote: > Todd, > Got your e-mail this am; read the draft memo to Coleen; here are my > comments: > - all references to NPDES Stormwater Permit should be changed to State > Stormwater Permit > - I think a wet pond, constructed wetland, or some option that creates > aquatic > habitat is a better alternative for nutrient removal than a sand > filter; however, > the Model Stormwater Program for Nitrogen Control (even with the > omission > you refer to) implies that sand filters will do 30 $ > - the project site is 3.42 acres with 1.79 acres existing impervious area > 1.79 13.42 = 52 9 impervious > - the proposed development (Phase 1) will result in 1.97 acres impervious > area > 1.9713.42 = 58 $ impervious > - Phase I represents an increase of 0.18 acres (7703 sf); at least 5200 sf > of this new > impervious area will be placed on a finger of land (about 85 x 200) > that sticks out > into the Neuse River; it will be will be nearly impossible to > separate & treat the runoff > from just the new impervious area; in addition, it would not be > practical to provide a > treatment measure for just the 7703 sf of new impervious area > - historically, the site has been used for a gas station & a Holiday Inn; > no stormwater controls; > I have steered the owner in the direction that stormwater controls must be > provided for the entire site, > even though it might be argued that this project represents > redevelopment; the owner will eventually > develop the site to about 85 t impervious & is willing to provide a sand > filter design (up front) to treat > one -inch runoff for the entire site; once the design is complete, it > should meet the requirements of the > State Stormwater Rules; the State Stormwater Rules are written such that, > if you meet the requirements, > you get a permit - we currently have no way to deny a permit > - the original stormwater application came to WARO 3129100; the CAMA > application came 5122100 t of 2 ] ! /7/00 9:59 AM Ke: Nront Street _. .. 41i > I am willing to work with any & all to figure this one out; call me or let > me know if you need any info from me > "Todd St. John" wrote: > > Bradley (or Jeanette) and Bill, > > Please review the attached memo and verify "the presentation of the > > facts." If the facts aren't straight, please help me keep this ball > > rolling... (Bill, I still haven't received any written response from the > > applicant regarding my August 29, 2000 letter. I think the ball is in > > their court.) --------------------------------- > > Name: 000911bvm.doc > > 0009I1bvm.doc Type: Winword File (application/msword) > > Encoding: base64 > > Download Status: Not downloaded with message Todd St. John, P.E. Environmental Engineer 11 DWQ Wetlands Unit 2 of'2 11/7/00 9:59 AM State of North Carolina Department of Environment and Natural Resources Division of Water Quality ,lames B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director John O. Haroldson, Manager P.O. Box 1169 New Bern, NC 28536 Dear Mr. Haroldson: k7w.1111TVAa• NCDENR Division of Water Quality August 29, 2000 Subject: Request for Variance from Neuse "Buffer Rules" (15A NACA 2B .0233) DWQ Project No. 000911 Craven County The Wetlands Unit staff reviewed the stormwater management and site plans for the subject project located on the 300 Block of East Front Street, New Bern, North Carolina and determined certain aspects of the plans and application will have to be revised in order to complete the technical review process. The revisions are as follows: Sand Filter Stormwater Treatment Facilities You correctly noted that the nitrogen removal efficiency of sand filters is considered to be 35% (based on one study), according to the Neuse River Basin: Model Stormwater Program for Nitrogen Control. However, the above document does not list sandfilters as appropriate stormwater measures for new development (see Part 2-E, p. 14). Typically, applicants propose stormwater treatment wetlands for Variance requests since these facilities are considered to have the highest nutrient removal rates. In any event, the sandfilter is not acceptable for stormwater treatment. Also, this Office recommends that an extended detention wetland be proposed for stormwater treatment fpr the reasons below: Please be advised, that if a CAMA Major or Erosion and Sediment Control Permit is required you may need to obtain an NPDES Stormwater Permit for Coastal Counties. If a written 401 Water Quality Certification (or written concurrence) is required, a stormwater wetland or a dry detention basin with a level spreader and forested buffer strip may be required. The need for a 401 Water Quality Certification will be determined once the CAMA Staff Report is received by this Office from the Division of Coastal Management. 2. Sewage Disposal It is the understanding of this Office that sewage pump -out facilities will be provided to serve the marina. Please be advised that this Office does not intend to present the subject Variance Request to the Environmental Management Commission in September because the above stormwater management issues have not been resolved. If you have any questions or would like to discuss this project, please contact Mr. Todd St. John at (919) 733-9584. Also, please note that the NCDENR Stormwater Kest 4401 Reedy Creek Road, Raleigh, NC 27607 Telephone 919-733-1786 FAX 919-733-9959 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper Management Practices Manual, April 1999, and other documents and information can be downloaded from the Wetlands Unit web site at http:llh2o.chnr.state.nc.us/ncwetlands/. Sincerely, John Dorney Wetlands Unit Supervisor cc: Todd St. John, Wetlands1401 Unit Bob Zarzecki, Wetlands/401 Unit Washington Regional Office Robert M. Chiles, P.E., PO Box 3496, New Bern, NC 28564-3496 File Ogg �VSS 1{ 1 f I I� .1 1-- , - ------ -�-- -- --------- - -- �i --- ---_ II - 111 I ROBERT M. CHILES, P.E. 41 7-A BROAD STREET P.O. BOX 3496 NEW BERN, NORTH CAROLINA 2&%4-3496 March 28, 2000 Mr. Jim Mulligan, Regional Supervisor Division of Water Quality NCDENR 943 Washington Square Mall Washington, N. C. 27889 ENGINEERS, CONSULTANTS MARINE SURVEYORS PROJECT: Front Street Developers, LLC Old Holiday Inn Site, Front Street, New Bern, N.C. Stormwater Management Permit Application Dear Mr. Mulligan: BUSINESS: 252-637-4702 NIGHTS: 252-BCi&2346 FAX: 252-637-3100 MAR 2 9 2000 -' WA5H14GZ4id O D L Oft:ICE Enclosed please find the Stormwater Management Permit submittal package on the above project for review and approval. The following items are: 1. Original and one (1) copy of the Stormwater Management Permit Application Form SWU-101 Version 3.99, 4 pages with Detail Narrative Description attached. 2. Permit Application Processing Fee: High Density Permit - RMC Check No. 22884 for $420.00. 3. Original and one (1) copy of the "Stormwater Maintenance Plan" for Front Street Developers, LLC, which includes site data, a maintenance plan, a copy of the calculations, a copy of the above items, and one set of construction drawings in each stormwater maintenance plan book. 4. Two sets of the construction drawings (one set located in each Stormwater Maintenance Plan): sheet 1 of 3: Front Street Developers, LLC: Existing Conditions at Old Holiday Inn Site; sheet 2 of 3: Stormwater Control Plan at Old Holiday Inn Site; and sheet 3 of 3:Stormwater Control Details for Old Holiday Inn Site. Upon review of the above submitted Stormwater Management Permit package, if you have any questions please do not hesitate to call. Yours very truly, ROBERT M. CHILES, P.E. D GzGle✓ rbara D. Francis BDFlbdf Enclosures: Permit Submittal Pkg cc: Front Street Developers, LLC File: 99093 99093 JM Stormwater Permit Itrl.doc MECHANICAL, CIVIL, AND MARINE ENGINEERING COMMERCIAL, INDUSTRIAL, MARINE AND RAILROAD FACILETIES DESIGN MARINE HYDROGRAPHIC AND LAND SURVEYS FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE f �I� I l� T 1 417-A BROAD ST. P.O. BOX 3496 NEW BERN. NORTH CAROL:NA 28564.3496 ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS a MARINE SURVEYORS Mr. John Dorney N. C. DENR Division of Water Quality Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621 Subject: Reference: Enclosures April 20, 2001 CERTIFIED - RETURN RECEIPT REQUESTED NUMBER 7099 3400 0011 9823 6127 rent Street Developers LLC Old Holiday Inn Site New Bern, N. C. 28560 (a) Your Fax/email April 11, 2001 (b) RMC # 99093 (1) (2) (3) Dear Mr. Dorney: BUSINESS: 2$2-637.4702 FAX: 2$2-637,3100 rmcengr4cconneCLnct cam. is 4d Limitation^ for Constructed Wetlands Front Street Site - RMC #99093 dated April 20, 2001 w/attachments 1-1 thru 1-12 Pervious/li-npervious Cover - Front Street Site - RMC #99093 dated April 19, 2001 w/attachments 3-1 thru 3-12 Copy of RMC letter to Mr. Danny Meadows, Stormwater Program Administrator, City of New Bern dated April 19, 2001 w/enclosures 1-5 The enclosed information confirms in writing as requested by reference (a) the information provided to you at our meeting in your office on April 3, 2001. In summary: 1. The site is not Suitable for construction of extended extension wetlands for the reasons provided in enclosure (1). 2. The fill material from the surface down approximately 20 feet confirms historic data indicating that the site was a deveicped industrial/commercial site for over 200 years previous and the material is of marginal value as a pervious surface and in fact could be considered to be 90% impervious today as outlined in enclosure (2). Therefore, mitigation for 10% of 7,703 sq. feet or 770 so.. feet would appear appropriate. 3. The site meets the criteria for "Vested Rights" as outlined in enclosure (3), r N£CNANICAL, C]VIL, AND MARINE ENGINEERING MARINE HY0ROGRAPHIC AND LAND SURVEYS .CM1dERC:AL.1NCUSTRIAL, %1ARINEANO RAILICAD=aC:L:i Z5 :cEtOCd T Mr. John Dorney -2- April 20, 2001 I trust that the written documentation enclosed is sufficient to allow your office to now recommend approval of a Variance from the Neuse River Rules as proposed and to place this project back on the agenda for the May 2001 meeting of the Water Quality Committee of the Environmental Management Commission. Your assistance in this matter will be appreciated. ;1�Aa`''�,,� p4 V truiyyoursy ?°� 5slp•;'� L Robert M. Chil��.F RMC Jrf Enclosures cc: Mr. John Haroldson wlenciosures 990931dorneyl .ltr e Complete items 1, 2, and 3. Also complete A. Received b Please Pnnt Clearly) B. Date of 6elivery ! item 4 if Restricted Delivery is desired. N N Print your name and address on the reverse--• -, so that we can return the card to you. C. Signal m Attach this card to the back of the mailpiece. X ❑ Agent % , or on the front if space permits. ❑ Addressee D. Is deliv address di erent from item 1? ❑ Yes 1. Article Addressed to: It YES, enter delivery address below: ❑ No Mr. John Dorney NC DENR Division of Water Qualit Wetlands/401 Unit 1-650 Mail Service Center Raleigh, NC. 27699-1621 3. Service Type Certified Mail ❑ Express Mail ❑ Registered �( Return Receipt for Merchandise ' ❑ Insured Mail ❑ C.O.D. 4• Restricted Delivery? (Extra Fee) ❑ Yes ��qq 11 idyrl�3ef[J�e�ylf��asrc 61�1 PS Form 3811, July 1999 Domestic Return Receipt io2595-00-M-0952 l` k MMr. John Dorney I' rru Postage �- CertCieu Fee Q (V �� ai Return Receipt Fee (Er1a Or5emenl Pequirec) r I mark t\� O Restricted Delivery Fee [� (Encorezment Pecuirec) v Total Postage & Fees �--- O Name (P!ease Print C'eerw) (to be romplerad by mailer) NCDENR Div -of Water..-Qu-elf,tu---------------------------- }fe l'ands'/`4'df°'CJnit-1650 Mail Service Cntr CJ r ---------------------------------------------------- irr "rare ��P_a Fa�eigh, NC •----•-----•----------------------------- 27699-1621. r t ROBERT M. CHILES, P.E. ENGINEERS. CONSULTANTS 6 MARINE SURVEYORS 417-A BROAD ST. P.O. BOX 3496 NEW B£RN, NORTH CAROLINA 28564-3496 April 19, 2001 Mr. Danny Meadows Stormwater Program Administrator City of New Bern P. C, Box 1129 New Bern, N. C. 28560 BUSINESS: 252-637-4702 FAX: 252-637-3100 rmcengr'dcconned.nel Subject: Front Street Developers, Vested Rights Old Holiday Inn Site RMC 999093 Enclosures: (1) Letter from City of. New Bern by Mr, Michael W. Avery, Director of Planning and inspections, dated September 22, 1999. (2) Letter to NCDEINR, Division of Land Resources dated 3/28/00 (3) Letter of Approvai from NC DENR, Division of Land Resources dated 4/20/00 (4) Letter to NCDENR. Division of Water Quality dated 3/28/00 (5) Letter from NCDENR, Division of Water Quality dated 10131/2000' Dear Mr. lNleadows: As you are aware. our firm has been in the process of obtaining the necessary permits tar development of the Old Holiday Inn site for our client, ivIr, John Haroidson (Front Street Developers). This permitting process began March 3, 2000 with submittals of design plans to the NC DENR for Sedimentation and Erosion Control Plan (enclosure (2)) and the Approval of this plan (enclosure (3)) was dated April 20, 2000. On March 20, 2000 the Stormwater Management (Plan was submitted to the NCDENR, Division of Water Quality and the letter indicating that approval is pending resolution of the Neuse River Buffer Variance was dated October 31, 2000 (enclosure (5)). In addition to the above, permit applications with associated design Plans were submitted to CAMA and request for a variance to the Neuse River Rules was submitted to the Environmental i'vlanagement Commission to allow construction within the Neuse River Buffer during the year 2000.. The City of ,New Bern Planning Department met with Mr. Haroidsen in the fail of 1999 in order to assure that our plans were in agreement with those of the City of New Bern. Mr. Avery responded within his fester, encfosure (1) on September 22, 1999 and in this letter agreed the proposed development was acceptable. Since `the iall of 1999 cur client has'nvested a-signlilcani sum of mone,! In Site evaluaticn. planning, deve#opment costs, consultant fees and reiated expenses. The Sedimentation and Erosion Control ?Ian has been approved by the NC DENR. The preliminary site specific development Plan has been acknowledged by the City 'Planning Department as acceptable. The preirminar/ site plan and architecturai plans have been prepared and included with the CAiLIA Permit cackage copy delivered to the City Manager. .MECHANICAL, CIVIL. AND MARINE ENGiNEER4NG 'AARINE HYCROGRAPHIC AND LAND SURVEYS Mr. Danny Meadows -2- April 19, 2001 In accordance with Division 1, Section 1.6 (pp) ii of the City of New Bern Stormwater Ordinance "vested right shall be based upon ......having an approved site specific ...... development plan in compliance with GS 160A-135.1." Section (b)(5) of G.S. 160A -135.1 states "Site specific development plan" means a plan which has been submitted to the City by a landowner describing with reasonable certainty the type and intensity of use for a specific parcel of property. Section (b)(5) further states that "such plan may be in the form of .....a preliminary development plan....." This submittal has been confirmed by Mr. Avery's letter (enclosure (1)) and also by the receipt of the CAMA application by the City Manager. We hereby request that the City of New Bern, through the Stormwater Program Administrator, provide our client with verification that he has a vested right in regards to the Stormwater Management Plan and in particular that this project does not require submittal and approval of additional stormwater management plan to the City with the associated mitigation. Your assistance in this matter will be appreciated. Ver truly yours, Ii Robert M. Chiles, P.E. RIMC:jrf Enclosures cc: Mr. John Haroldson Mr. John Domey, NCDENR, DWQ GGCG2tmeadcwsAtr (ff,ifV of NL>�u �aL>r C _UL'US C. PAAHAM, :& 4WCX �I- IM ' FF EE=; {SWH L MXMNGO _a iA aaA UZ VVSUM H. $AUK ZNGER r IT PHONE: 252V36"CCC P.O. sox 1129 'X?i 'l_ I-T ZH553-11?c Sepc:er ber 22, 1999 John, ija7oj&SCr1 ?3sz offlcz :nor i i b9 tiew Se;-;, Nio'-h. Caroiirth 2S5c� Subject: P-oeased+ Deveioat::en: aiong- ti'euse �e Dear John: TOM exYI:SS. ill WWCR 'mum 11?nT?.!?:J.:R C. Y wv-LAGE'R 'iiC.t�E+-.'._ ate.Ci�li SC{4 1 4 CL5. � .MAAYA- ErU,C::Z3 1 _._. W04 - ...%Lr discussion 0n te y o eset v _ sma".'! C -n.'.nsu!:. C= t_:':i 'rcuj .'••+n z_ _ ._ old Hchdav for, she. 1+Y = c- _. `3micina.:0i..2vau.a.._'ai_ CL' Wi.._ arc vrowhon G. _. z'osv as{od :ar _ va..e "on_ as '-a aC your 7izn5 w: _ 'a5C G: Z Ciry our G''.sCl-'ssia- ScGC e C:`i Tanne; _'3 1 Shed the sin and rK.'•wed ..:sLoricai ::cca 1er!Cs Gen_':ning -c develop en; hones :he C v&s waar',ori[. W1_ 'C'um: pnoCa?rachic ,r ^yam !� a r ^_a,C. 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C _ - - j i K ,-caws i'!: (;'-'ou okmm a. ACC: aS580' S .aC7CI25S !0ril}r fT : eC'I•:PSicG �� j fly. :C�e �•'r Cir11 % I �. Signatura: t cCrassae or -gem; n '� IS NO 1811 V Qcameer i09a Comesiic 'eiuri `'.eC�-ICt 1ARI iE : CiC nr :-iC iMC ! =NC _LR'rc !S _�..•7n$.==:%"I_ ;:C'�., - .�_ .I��.,r:=,.r,r =_sir ?_. _ r -. State of North Carolina Deoailment of Environment and Natural Resourc V�les� ina cn Recicnel Orice J2mEs B. Hunt, Jr., Gcverncr S i I I iCIm2in, Sec"et- r/ DIVISION OF LAND RESOURCES LAND QUALITY SECTION April 20, 2000 LETTER OF APPROVAL Front Strut Developers, LLC ATTN ; k1r. John 0. Haroidson, Owner Post Office Box 1169 `Te';v Bel?i. Noiti Ca:oiina 2S�63 RE : Erosion and Sedimentation Control Plan Old Hohda:� Iran Site E. Front Street - Craven Counry River Basin: Ne'use Date RecQived: ylarch 29. 2000 Respoesi ie Pany; Front SLre-'t Developers. i LC Dear Sir'. Tiffs oii,Cp _.as coo, t;ietea its ot'r-he and sedirntntatlon i:or=ol -'iLn for ±"t FC ferenl e � % ;� -- di b e �.i "1 --_:1e '11" f1 lever . .L. 1.1 i, 1. C is � C1 �. L':���Sr V�1n�. LJ f:��.0 VI: t, :.1._oI:::GL, L'r: L7To�l3��... :Le auvi��Ce� �i n :or L7 = ri5 uL" 0?? '.,' a Si d ..::?; �:L '� it _ni_ .; uz�llQin.'��. ixiit)iemenied_ wiil me-�i• -,he 7--`111�r--1E!rn SSLe 71S LLTTHI OF aPpRoOV AL, In 1973, Lhe Sedimentation Poilution Control Act. (copv available uuon-.-:west) Nas `r4 Z ?r" is rt r e ,Jr .a -en CT _ r ._ � e- �:laCIt ..SI�.711Si'1.,,: a ;,e__oT;:"C ..�^t '7 wry �?:1 .•..;41z.�li:Q a vr0ic . ���,;;;:�. %r .:c r� C.. to prooteci adieinh-ia-namrai resources and 7rooer des. both durin'2 and alter ConsiiuCzion, I' om the e fees of acc9lerated erosion. It is YOUR RESPONSIBILITY ro understand and cornnly with tide following -,=mum requirements or te Act: Front Street Developers, LLC ATTN: lair. John 0. Haroldson, Owner Apn120, 2000 Pace 2 -- an erosion and sedimentation control plan is onPj valid for 3 years following the dare of initial approval, if no land -disturbing acriviry has been undertaken; a copy of the LATEST APPROVED soil erosion and sediment control plan must be on file at the job site; -- a bufer lone, suficienT ro restrain visible sedimentation, must be provided and maintained between the land -disturbing activity and any adjacenr property or watercourse; -- ne v or affected cur or filled slopes must be at an anole :har can be retained byveetarive cover; g -- new or affected barren slopes must be orovided with a cITOUnd cover sufficient to restrain erosion within the shorter of IS working or 30 calendar days of comalerion of any phase (rough or final) of grading (RYE GRASS IS NOT in the approved seeding specilicarions nor is it an ACCEPTABLE substitute for the arovidirg of a temporari ground cover); unless a temDorarf, manufacmred, lining material has been spec vied, a clean srrmv mulch must be applied, ar the minimum rate of ? :onsla-,—e, :o all seeded areas. one muicn must cover at least 75 c or the seeded area beer it is either tac.t2d. %t;jth an acceptable rac. n? material. or crimped n place: -- in order to COM..Dl'J Wirh th2 intent o(the .:C.. ,-he SCheu.itilnQ OT the ..nd- disturbing activities is I.,o be sucrz :hat both the area of ,,posur2 r7na Jje time bei vee.n the land dismroance and the providin; of a ?round cover s minimized: -- a oermanerr ?round cover, sufficient restrain erosion, musr be ,orovided within :he shorter of 30 ,,corking or .' %0 calendar days a, -der completion of constr=ucrion or develooment on amp por<ion of :he ,ract: Front Street Developers, LLC ATTN: 14r. John. O, Haroldson, Owner April 20, 2000 Page 3 --- except in the case of an emergency, a revised erosion and sedimentation control plan must be submitted to and approved by this office prior to initiating any significant changes in the construction, grading or drainage plans; and, -- this approval is based, in pan, on the acclzracy of the information provided in the Financial ResponsibilirylOwnership form submitted with the projecr plans. You are required to file an amended form if there is any change in the information included on the form. This approval and the financial responsibilit-�Iliabiliry cited in it does not automatically transfer ;with a change in project ownership. Be advise'{ drat to ensure cori_pl ance `."vlih Lae aooroved plan and the xo'zTamu requirements, unannounced periodic inspections %.ylll be made. It It Is determined Lha: she implemented plan is inadequate, this or�ace may rewire the installation of additional measures and/or that the plan be Ievised to comply with state law. (dote: Revisions to the scope of tIPus project without prior approval of the plan slowing use changes can be considered a violation). Failure to compiv with any part of the approved plan or with any requirements of this program could result in the tak;ng of appropriate legal action against the financially responslt}le pare (Front greet Developers, LLC). One option is the assessing or a civil penakv of tin to S5000 per day for each day use site is out or compliance. In reoognizing the desirability of eari,i coordinat?on or sedimentation control, we believe it would be benetictai for you, and Your contractor io 3 Conle�pincZ C discus ti- e me:lts of lure auuroV,-d �rrsion anC C—drit of oiarl. It would ;7e apprec.ated 11 VOU'uould CuntaCi -�Jr1aS o%iCe -C 3QY:Se �1_ . ill �Ie''. construct, start-tlo date,, cod itrmcmr and on-sne conulcz verson or. please. comptete '_-c F-Uura t ie atmcnes Projec-, !nFoI-ataon `Pled m 'he above named. Acceptance and anpIovai of this plan is conditioned upon your compliance wi[h- Federal -ind Siat2 '•:vat,.- itl2h7i 13ws—),uladons and :'?les. Ir± _cciii:or.. tLe land diSi iri7ln? 3C avii. descnbed in ibis plan may also require approval or pe: nittin'g morn other agencies - Federal. Stag or local. These could include the U.S. .Armv Coms of Ena'necrs under Article 4.0.4.. jurisdiction, the Division of Water Quality - Sultace Water Sec -son under stormwater r.-Taiations (contact Mr. BillMoore, 94b-6�-51 ext. 26 ), county; ciTY or -own agencies ender other local Front Street developers, LLC ATTN: Mr. John O. Haroldson, Owner April 20, 2000 Page 4 ordinances, or other approvals that may be required. This approval does not supersede any other approval_ or permit. Please be advised that a temporary rule to protect and maintain, existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997, The Neuse River Riparian Area Protection and Maintenancc Rule (15A NCAC 2B.0233) applies to all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse River basin with forest vegetation on the adjacent land or ''riparian area". In riparian areas with e.-isang forest vegetation in the 1--irst 30 feet directly adjacent to the stream, the rule prohibits land disturbance, new development and fertilizer use within the first 50 feet of land next to the water, In riparian areas with forest vegetation that is less than 30 feat wide, the rule prohibits Iand disturbance, new development and fertilizer use within the area ir:at contains forest vegetation (but not uhe enrre 50 foot riparian a:_ W. For more information about the riparian area rule, please cos:r� ct t_he Division Of Water QuaH,uy-s Wet1and/:a01 Unit at 919-733-17M. Jm Sincerely%, Paa-:c:{ H..McClain. PE Assistant Re,,?ional En2mecr �:��lcs•�res (wio Inc.) Robe rL M. Chiles, PE Jim Mulligan, Division of % ater Quality i ! i — 417-A 3RCAo S AEE P.O. aox :Asa N�rr air,, vc�r.-I c.��cLINA z�_o":=ss iMarch 28, 2000 ROBERT M. CHILES, P.E SNGNE_.S, CCNSULTAN i 5 a .MARINE SQR'1T!CRS ,Mr. Jim Nlui igcm, Re,;Ticral Supervisor Civisicr, of Water Qc21ity NCOENR r G43 4N2snjnGtcr1 S Q,L2ra Ma11 Y/asi ing3ton, N. G. 21389 Z 368 036 70E US Postai Service Receipt for Certified Mail No Irsurancs Coverage Provided. ❑o not use for Intemalional Mail (See (everse) vp IHr, Jiri Imu!!iczn MCCENR Istr�urtv�SillrrC�Cir SC i'1c1� I C . 27SE C C J I` V kr1lCSrl� 1�iCLCrri r 'i r MAC Fee L I j scedd Galivery =__ I �7 hQSiiC� CeilvefV r?e I^r.� Ceiivefy ==_e ! t Ij en:rr: necaict �haxing ;a � � Z � PROJECT: merit St cc, Ceve!opera, I I S I ' CIC i,Clidzy Inns Site, r'rcm SnU:'t, N ew gem, M.C. �!' - - ^•*�"S:rt:'�a 'I \ '7cr i i r"rir'e'1Ci ,1lcricC� r E i rr i, llCciiGli - - '� rear,%rlr. Muilic2ri: =j =:rdcM Wease •;arc the .`.i'Cn.ovai:er &12n2gerem Cr-ai zutm a ai ;ac;<z and pprcv21_ T ite �cilc'nrir,e -L r<is are: i, GrCin21 an:i one Y) ccpy C( the S tCMTMter %nSgemeni r rr1 AMIn ..AG,_{ ;"SS WRM CON =._=&M. _.. Oemtt ACNIcMn , . cC Ssir'C :emu! . _,.,.li - , .•AC Check W. UUK= Mr - --- & She MWMLe2rlC.212rV a ccpy Gi Me WcAkcry,.! of the a0ve t,,. T a%C =ire _et C'i ..,Csii 10on E2C' 3-LC(i N2:er .r.ciI i2r ai C !c CGCK. { . live se- eT ne crG ~ ri Cr.'NI s : cne - ii S i,r-yfrc�r l.i r f =1 t5 r„ r u iC riC =c; tCC =C:•, sheer 1 CT .ri -_.Ll-eet--_eve:Cver:. r r r. Cor;c;. -crs E. Sic !rn Si. _, si-,e ... - _- Jc`C, ri,:"Ici=r �Cri Cf :cl1sr clC �CffiCcY fP.r .,rie' and 7nrCel 3 ;F .._S,'c�'NarB :cr C .�• � ;Cf1C.='/ :mill ��ic. CaChi,ER.• _ - ✓r . Ir i Msc -Von : "8cmve -e "CL ^lC5ii__e .:er r 'C:.mcla(9 �ten".S ; SlC'Cr =.1 2CC:;Cf:21 °arnC3s. C . •, - y •Ca„c:Eiererns,,.:a.:rc c. C::C'rrirC Sariiczs �-n C 'PM1 •:cur name tic jccress _n me mew nm WMI ;a nm we c_n mum ;n:s i arm A): 3C 3 rC U.n! =rcrM c- a me -, :na mmir:eca. _-ac3 :aes nc: ACC, -`-`- _ 3 11 s'Nnta'�$r.'r, ^'4c31C: = _-frS: G!'• :„ .".e :u:ic:2C3 _�._ "' r.:c:a ... `i L. :&M. _ _. a -S ^q=n -eC3r C; W &C:+'_ MCril'.._ Waa - s vwemc inc me owe CIE 70 'AA; - - ,ic �c_ .'L.' =-- � --Cr =_ �_C'r_ j•-�...arrlc� -;r•,? AMR :1 .AIGAI ,'Iasi"_. CzCir hwa= E .'t--- I'� r?SG aaEl z49tt::T7 7. C St WasZ'/8'C^qr: J %ziveC 3V: r'.7nrNamsj=GC:B5529'$ �CC:�a iClll'!'(.'�C�E5icC nV ar ;ate• ._ �. si�nalura: ',=ccresgze cr,�genrJ 1 =CCU ....i stcr�:•,vat ,...... _.... _ ��l `� . I I 1 -c r^.rrl 38"i, �ecamcer :aO4 ;czes=_•-; ;t:? LCFI'EStiC �.CM i -. �•hik �tG�N>—.;NG ;NG=;�L'.:,-=.�:aA�'S: � �-_...� _�.._.. _ _ ;C._itC?rt! �'raVcl��NG:.tAF `;G=='r:Cc 11/ 01/2000 03:44 FA ZC 2 State of North Carolina Department of Environment and Natural Resources Division of Water Quality .lames S. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director DIVISION OF WATER QUALITY October 31, 2000 front Street Developers, LLC A-=. fir. John 0. Haroldso❑ P.O. Box 1169 New Bern, NC 28503 Subject: Stormwater Pe,-mit No. S'Ri e000321 Old Holiday inn Site Dear Mr, Haroldson: C;Iven County Tail orl:c: received for the proposed =0 ec., Born Bob C--iles on : ''S, 2000. Bob and I disc: the overall project, and --he sand diter design par2irleters by phone today. While the sand dl Le- desi2a :s Ye`.Tly cornDle'.e_ Bob -.viII Tied Co rraK2 some rrod r canons '- ard-'r to meet all the des:.— rzalara e 1t5 in the State BNIP rranual. Oncz those mcdif-cst;ors ar su.bmiaed, your stotmix-ater anolicat,'on mould be co=lete- .� Ler a �i re-,Zcw- I w:Il. ureaar� a ::ot °L—rci,r"9?c or .__., to L-31:p -hZ v�U'i +ih3IZ' Tl i ',I-:t;�� t`:C� �ik'".:5:. �L:rler -='i`u' !S rp�.QIT✓�'•- .. Aa.er caking with our staff is Raleigh. it is my uperstanding that Lhey ee! the sand bite: treatment option does aot provide for 30 °�� nitrogen re�.oti-.d_ I cr -ws -easom hey may re hire zzea=nt ouzcns cthc: than proposed sand Eter. I =ue2es :haL You cz)ntac: M.r. Jo0 m Dorn-ey. Wetlands lj�l Supe risor, ir, our _ a4eigiZ Once a_ (919)r33-9(Y?6.:c di4 sss .:ow ou :-21i�4nt-esolve the Lsue. Once the bLLE -rs issue Is resolved. I witl .x r to complete inv review and issue th-c si ate szo=water peanut iu a tiTneiv�er. l: vou nave xi.:-stions, or need rsr:'r:er assi5za7- ce. to corn-c, 7= at ��r'3Siun"T0C Rect or l 04ice at r7;21)946-6L4 i . inc=;v. - r ' 7r C:: Bob t_ hEcs BobJOLI IV RO F ues 9-43 YVasnirgton vgtare Mail, W2sringwn. North Caresina 273Ac Teiecncre .;n cnuai Conoriunity Affirmalive Ac;on Eniaiover Y LIMITATIONS FOR CONSTRUCTED WETLANDS FRONT STREET DEVELOPERS SITE RMC #99093 APRIL 20, 2001 The entire site is only 3.42 acres, the watershed area does not meet the minimum 10 acre requirement for size of the contributing watershed as shown as follows: a) "Extended detention wetlands that are sifted in watersheds that are too small will tend to dry out more frequently, and these can become a nuisance. In most cases this can be avoided by proper sizing, and providing a drainage area of not less than 10 acres (underline added. See NC DENR "Vormwater Best Management Practices" April 1999 Pg. 17 Section 24 titled "Disadvantacres" 2nd paragraph. The added impervious area under proposed development plans for the site would be 1.1 acres assuming 8576 of total site impervious as allowable under current development regulation. Even with pocket wetland the watershed does not meet the minimum allowable for the reason stated in I. above. Ill. In order to provide a permanent pool within a constructed wetland at this site the water level must be at the level of the ad)acent Neuse River and/or at the groundwater elevation of approximately +l foot cbove mean sea level (obv msl). The permanent pool should include on area equal to 1576 of the total required at the inlet and another 157o at the outlet where the water depth is approximately 3 feet in depth. The remaining area is divided equally with 35`7o having water depth of 0"-9" and 3590 having water depth 9" - 18". (See Section 2.6 "Design Requirement", second paragraph of NC DENR "5tormwcter Best Management Practices" dated April 1999). With the existing ground elevation at the site being approximately at +5 feet abv msi or higher, excavation for a constructed wetland must be seven (7) feet or greater below grade in order to provide the permanent pool water levels suitable to support the functions of the stormwater wetland. This excavation is not picctical for the following reasons: a) Excavation will be required into rubble, debris, unclassified fill ana other materials placed on the historic waterfront site over the previous 200 years. Over excavation will be necessary in order to replace the material with fill suitable to support growth of wetland vegetation. (see attachments (1- i thru 1-8). b) Excavation in excess of seven (7) feet below grade within the lot will require verticci bulkhead walls around the interior cnd above the permanent pool elevation and with heavy safety fence ct the too of the wafts. The alternate for bulkheads would be 3:1 side slopes that would extend 15 to 20 feet outside the entire perimeter of the permanent pool with considerable cdded impact on the area avaiicbie for development of the site. (see attachment 1-9) Limitations for Constructed Wetlands Front Street Developments c) An extended extension wetland designed to serve only the added impervious area of the site could require a 5,000 square foot permanent pool area. With alternate side slopes in lieu of bulkheads, the area required would be 9,800 square feet with a 100 foot x 140 foot footprint. The wetland excavation must be placed a sufficient distance away from . the shoreline bulkhead to clear the bulkhead tie backs. This setback from the bulkhead creates interference with the existing City of New Bern Sanitary sewer and therefore requires additional setback into the site away from the water in order to clear the sanitary sewer. This location shown on attachment (1-10) could major impact of the area and availabie for development of the site. d) An extended extension wetland designed to serve the entire site would require 15,000 square feet for permanent pool area. With alternate side slopes in lieu of bulkheads, the area required would be 27,500 square feet with a 80 foot x 340 foot footprint. As in (c) above the wetland excavation must be set back from the shoreline bulkhead and the sanitary sewer into the center of the site. This locations as shown on attachments (1-1 1 and 1- 121 creates economically unacceptable impact upon the area available for development cf the site. 990931weilands ENCLOSURE (1) r - .)c,"` __--_- GRANTIC ~ - ------------'----'--- --- '-����| - '- " - ' ------- ------ � o 0 � � � � � � l�^ ^ � ul ~ � � �7 " M --'_-'-_��'_-._-_--_--'--------_ ----'-__����� —'-----'--------�---'------ ---'----�� i :���__\ � * n � ------i--�--` uoc�� wom Una= Z[j urri I IA :��'���� �llf 1�[(��I��l��il������1�1 f LOCI lu , co .7 iv � 0, --4 f4 tA 41 A Li Al V 14 0 PF Ll - ------ -------- ------ re - ----- G of 17113 Z Li IL V) mc: to tit lu s 17M , Tf �.l •' - - _, - _L--.. � f..��J _/%/,ice, ��=-�-i-1'� ] �I � 11 I __ � � .k� _ _ ,�,., -�_ L:lt.t -1rF ff I. �: I �i i-�:.-.:-:--7_.� I: ���. � �,I � J `r: r, f.•='��f r- •.l . I_:.1 - _ .� _l:.Jj -J: .1� . li_1 � - ,� _ _ _ , I. r : I : ! ' i� • ', (rr � - --ski �iy• - , , ;_.. �. ,�.%.,�f. ..1-� - �I:l+la_I r-- �` s . i'•tir .. I, .+ r,/ 1 1 .. - � : i. : �}._.� � _I_ _f?:_i"+ ,:[ ,.l�.11 _ _�t[-� '•',l ,. � � , . 1 ' ii /l �l �� J:I Lxi t.'_ ��L�� _='S,44r,',Tl � _ �� i�. _—_�;— i=,-:-=�`— -� uh�.l�: -� . ;, r;;+i' — - f I - •. !r , i,,�i,=: :; I �, 'i ^� O• .1 - -'-1' 1 1�_ ... r:_ lilt'Y <4,1\ . .r�l s , •,:i `.s_1 � _ --- � I%1' � 1—ll=•' i ,- - 1 1 �+� I "5''" � — --, ' 'y � � � i��l {;ii '� .'. 'I�• � i'i�IliT-,s]i� .r_.j• , • '.:1��1-����=}'� � ' I � I , _I��,_1::�'11 k� ,�.� �.I 5_ik�� '', ,. �5j � �. IL I , , tM:1f`_i.11_.�.il Fi,:ll E :l::i. ;dV I (] / •_ _ -'-' __.._ _ _ .-.. � 1 -- • ' - - -- -t�� _,_r I_.I `i._1 ri'k...t�.�E1[4 taa _ �'�__:+�l�rr'� � 'j a - k`__. L�'i_1::.-.l I '-y -- r�,is�:�r..,f-_- 1{;_:.� 1-, - •1��";-.�. S 1 1: .Y:•.:!` `��_ I ... � , � �.'�!ji , - 1.�; = _ - '` _.:r�...ik l _ sk t, _ -' -) J��J c. 1:::1 :1�_t: r;.j � _J 51 .a rl� � � ��. +, ; ';�•%'��� i i f r r ' �'-�i 9 i � i _....t F ...I 1 rd 1 -• 1 --- 1 i..� .. .r-- k-- 1r' ,r ta'.1!t IWl;r,ti » illiCf� f d{ 1 s + I A', reil'_ I -- 'i mw� F-7, rT' • -„� �t�Dmwl l9�R91�R �"^�l p°""� �s�E'� 1 . / �UiUiUVqU'sUOU| gDUO!DLI | ' | | � � . .!. ] --�-------------------p----'------ ' -------- | | � U � | | | / Old �un | | o«/'/» / � / . | | ' . \ , | | � | � z| | / o*nm'/ | ( | | an�x/| . - l |1} | o� l« '� ,/ \� � . «. � m -1- lN||.H]'|U»|, / x`«`/o | | � � , - | ' ' | �,-p� \�--1 '~°/ � ' | ' | . ' l . | | J/ ' m | m . ^. � ' � � | | / | ' | \ � ( ` | / | � >-------/ | ' ` | ' | / | / 'ixw " n�m/wx uo/, | | u----'-__--_' --|- | / / I.-ouocn ovcn | ---/----'----- / \ ` FIGURED 1908SaObo/A / ` �� .�. 1 �w Lim Liu L_ ! u I .....L o { .--_lc L._—u _� _. ' I I 01 192,1 Sanborn filaf). 6' FEmCE i %xB TREATED CAP ')x8 OR ?00 VFE GROOVE SHFA"Fi-III-JG 5-10' WIDE Q- ot� PEf-mm,lEtI]' POOL PERT ANENT POOL 0-9" 9-18" 3' DEPTH 1�,DC10 SOFT PF:RmP*IEHT POOL SURFACE AREA 1d,600 SG F'i TOTAL ARFA USED S' WIDE SA,IqD FILTER '�jl BtJLICI-IEAD 1.0' MSL WATER g,400 SQ.FT SANG FILTER SURFACE AREA 2.400 SOFT. TOTAI AREA USE FRONT STREET DEVELOPERS, LL BMP COMPARISON FOR d]W'NIC SCAB: OLD HOLIDAY 1NN SITE I I o �u ao lOWl4SY51P NO. B COY OF NEW BERN CRAVEN COUNTY DATE: �PAI ;0 ?OGII ROBERT M. CHILES, P.E. ""k 9999] AND CONSULTANTS NEW E?ugK NCATH CAROLHA -w r .n. ■- roe THEE 5 dSTAHC"OIFF7-R- F. CM OEEO CESCRIPTiGN CCRRECT 'CLOSURE _,RCR. - � Cam. t CT �C1r 3Qn .. i .�... .. _ . .. t1+E XN TN V T r _-Ruxr Z7Z WA-AGrl1T-1fT rnaC-`. OA�D._ NOWIOEO.7995 - ~ LI r r. ._..—............ If u r�Y i ,' :y;L vaGC! :=CO k "OEE i 1171 I -T- 1-1fi,51--l-PION f 5TREI i.- I-m z. f` it `\ 71- IL I n.. Hill t Abysm Ou! �Iijvjj [Uli! I C) 0C.- 7 hY THESE 01STAMM 0IFF--JR FRCM DE70 0ESCRIPTICN':': -0 To CCRRECT,-(:'-OSIJAE j 4 P'l., TWIAL. fcE_-) 21 ',.31 .0,1, ww7,R 3J.S: WIMAGOWAT f 7:� 5 ----------- — ------------ .......... 7-� 7. 1 Z 77 rr. 7— _37 F"j77 AVEN C N Tf A E 4,1 ' _ . t.. ♦ i .. .... 3: hY '4wi. J .. 't...s+r-1'r�'7� ' YV,�. PERVIOUS/IMPERVIOUS COVER FRONT STREET SITE RMC #99093 APRIL 20, 2001 1. The surface area of the site located within the 50 foot wide Neuse River Buffer covers approximately 0.75 acres (32,670 sq. feet) and varies as to permeability with 0.23 acres (10020 square feet) covered with asphalt paving and the remaining 0.52 acres (22,650 square feet) consisting of a mixture of rubble, gravel and landfill. (see attachment.3-1) 2. The 0.52 acres of mixed fill material has been investigated with a shallow soil probe to approximately 3 feet in depth in six (6) locations within the buffer. These soil probes confirmed findings from earlier soils and site archeological investigations the existence of mixed material with varied degree of permecbility (see Garron Report, Item V, in atfachments 3-2, 3-3 and 3-4). 3. Within the 0.52 acres (22,650 square feet) of mixed fill material located within the 50 foot Neuse River Buffer, a total of 7,703 square feet will be impacted by fully impervious development. 4. Soils investigation anticipating construction of the restaurant on the site included two (2) borings on the existing bulkhead peninsular (see attachments 3-5-,3-6, 3-7, 3-8). These borings found "dense gray partially cemented to cemented sand and shell fragments. some clay" and further identified the materiel below the first one f 1) foot as being medium dense to very loose construction debris, wood and fine scud". This material extended down 22 feet (13-1) and 18 feet fB-2). 5. Addifionci mapping data included within the CAMA application booklet is attached as 3- 9, 3-10, 3-1 1, and 3-12. These maps show the site as having been developed in the year 1769 (3-9), to include a sawmill and kiln in the year 1888 (3-10) and again in the year 1908 (3-1 1). In the year 1924 the data shows the peninsula portion of the site to be "Gov't Supplies" (3-12) and in fact this area was the dock for the U. S. Coast Guard C.uTTef for many years. 99M/pervious ENCLOSURE f 2) P1 4 __.} O dN N c p C p rl U in z b ,A a r Il U C rn I—, 17_ 1 Cl_ ------ _ ._---"- _--- BAST FRONT STIR .II It 'J •JIIJ S. .l.5 ��' I11; !Lj_III l7 0 Q^ L J 10 f fl —r z qua++svr+ tsar • r —._., k----- Cl[lC'Nf 0.Y S,+YN[r.-...._..____._...._-.��. \1\\\\` X. ....r \\\\\\ CA A / �1\\\\\\\\\\y.• \\\\ . - .\\ \\\\\\\\♦ \\\ \\ 4 cn ...-... ....-...., - ..........�. ..�: F ...�..'.... .. � � \ram; n ^ .. .\ V Y . \ \ \ j�x lr ._..n._.... ;....... \\.. T .` - .. a . ............. . ... SURFACE 4 $ y; .a .•.1.: _r. ,...,,•,,. ' :.�.... . IIn,IItI,R SI!!C (1F iSIE llEl15E Irlt-ti R _ HEUSE RIVER C.A.M.A. NL JOR PER:�IIIT APPLICATION NCDENR FORMS DCM-MP-1, 3 & 4 submitted for FRONT STREET DEVELOPERS, LLC by ROBERT ?V1. CHILES, P.E. , ;f-rL:rrriw-r�r�3-zi .,. 417-A BROAD ST. — -'_ P.O. BOX 3496 tY NEW SERN, NORTH CAAOLINA 28564-3446 ' NC DENR Division of Coastal Management Morehead City District Hestron Plaza It 151-B Highway 24 Morehead City, N. C. 28557 - ENGINEERS, CONSULTANTS - '» • - ~ : MARINE SURVEYORS SURVEYORS - - April 4, 2000 9USiNFSS. M-637-4702- - - FAX:252-537�160 ' rmcangrIDccon necinel Enclosed: (1) NCDENR Forms DCM - MP-1,2 & 4, Revised 03195 with the following attachments: Front Street Developers, LL C drawings, sheets 1 thru o as prepared by Robert M. Chiles, P.E., March 31,2000 Narrative Descdpticn of Project Phase 1 Soil Test Borings Reports prepared by SLIME, Inc., September 2, 1999 Historical and Archeological Investigation Repert prepared by Gar -,ow & Associates. October 14, 1985. . . Architectural Renderings of Restaurant, prepared by Maune Beiangia Faulkenbery, Architects, PA, February 18, 2000 Environmental Assessment for the project site, prepared by Land Management Group, Inc., November 1996 • Letters, photographs and miscellaneous other supporting date. RMC Check T23052 in the amount of S250.00 payable tc NCDE.NR Dear Sir: On behalf of our client Front Street Developers. LLC, we are submitting this Applicarron To Develop In North Carolina's Coastal,=.rea and the supporting information it retiuires. After you have had an opportunity to review this applicanen, and' Suoparing infon a6an, IT you have any questions orneed. additional information, please contact us•at yoar'cairr�e.���c¢. y rs very truly, Rcbert M. CNie5 '-.,_ "C `�� _ / jam' c,� • � h, ��lrcnae! L. R;c, . E� ML:�:jr Er c!csures ME-- i"ICAL CIVIL, AND MARINE: ENGINEERING SIAME HYOHOGRAPHIC AND LAND SURVEYS C-MIAERC•AL INDUSTRIAL, MAAIHE AND RAILROAD FAC:LMES DESIGN aOUNDARY SURVEYS AND IAAPPING SERVICE ORE4= ENGINEERING AND FASWRE ANALYSIS f - ` �' _ d: i. 1...-f •1-.ai [' Kxi' FI..,! _ ^4 , S M '4 II -< �NAR_RATIVEDESCRII'TION..OF FRONT STREET DEN rLOP.=RS,,LLC OLD , : .r_r.; _ HOLIDAY INN SITE DEVELOPNIE'NT_PROJECT, PHASE I.,� A LETTER TO MR. JOHN 0. HAROLDSON DATED SEPTEMBER 22, ' 1999 - FROM MR. NUCF-. kEL W. AVERY, AICP, DIRECTOR OF PLANNL�G AND LNSPEC 1IONS FOR THE CITY OF N—EW BERN, NORTH CAROLE,q A REGARDING TIC PROPOSED DEVELOPMENT ALONG THE NEUSE RNER. III SOIL. TEST BORLNG RECORDS PREPARED BY S&NIE, LNC, RALEIGI-I, NORTH CAROLINA. A TEST BORLNG RECORD B-1, DATED DRILLED-, 9-2-99 B TEST BORDI G R CORD B-2, DATED DRLLED: 9-2-99 D EX_CER" T f ROy1 A. ARTICLE DC, P " R T I. SECTION 15-1.: 7. Or T T� - CODE OF ORDLNANCE,S FOR T'riE CITY OF �'�W B RN, NORTH CAROL I-IIS t OR.Ca , aRC,-:EOLOCICAL Lti-LSTIGATIONS Or 1 rT CI 1 I Or NEW BERN MOTOR 2, NN SI-1z, NEW BLRN, NORTx1 CAROL ,A, PRE, PPREED 3Y GAR -ROW & ASSOCL-xTES, ATLA-NNTIA, GEORGIA, REVISED OCTOBER 1 1935. CO -ALIT iORED BY PA _ � FCK TH. GARROti-v , PR�CIP.A' LN-VESTIGATOR, A_NL - 1.1, V. 10ScP11, F7-LD DR-C T OR. V-1 LETTER TO NG, W.3. rLkRTVL^,N, NL� GER; CI T Y OF TEW BERG, D: _TLD APRITL s. 2000 REPRESENTATti rOR rrt �ADJACENRIP �I ARLk� PROPERTti- �. OVvNILR. 'HAND DELI LRED. 47 VE ARCST Ci uRa} RE.N`DER_ vNGS OF PROPOSED PRE? RED3 Y NIAL�?v� BELAyGL�, F:'LiI N ERR`' C_T! j �C T S, PA yLW BE__N; NORT•a CAROLLNA_ DATED TED HBRUrRY 15, 2000. I a � ..- I-' ..����. _.1 �LooRpL.aNs VIE LL iTER TO �tR- P?. SIC . NI��LAL , P. r.; :�.SSIS T _� REC iON.aI ytiG1`'7=.R r OR THF N 0 R T __ _ C;!R0Li- DEL :ljT _'v ti T OF. IN' _rn. a K_a! R7__JOLRCES DI Si0�' or i -` \D R`.5�2- URCE5, LAl\i-D QL',; ' 11 Y. SECTION Dr'-D NLARCI-- 23; 2000 FRONIROBER! NI. Cal! LS, P.E., REGAaDL'40 Tr,_: SUBtiQSSION O :�_N EROSION _NTD SEDDvEIN .Ak !ON CONTROL PL A OR = RON S ET DEti ELOPERS; i .LC, OLD 10i= -.v L� N SITE PROTCT, INTti u.S.P.S. DONLSTIC RETURN RECEEFT LNDICA G tiL`RCI_ ?°. 2000 :''_S ;� Dr. _ OF DE� vERY. RON7 sue; I]EVELaP-ZS. L.c ii R. AC 99093CAMA IMI99734 EIEVATM?t =GM in: J PS aEFT)q-,- -do FED' Tr UA-M OMIM 9-2--04; UTERLBEVEU _r MMLM XEiHO'11, WA Sw ECRIA* Ric A ry 1-t —S 73�1 SailOes=ipticm 'Weeedz anC Loamy Soil MeClUln CeT'Z2 to Very COSE oe_brls, Wooc, and - nc S.-*Td Locse Sr2y n e SANG - S,-Gr -::ay A Ocn.:P_ 7an :;ne ,L sea- 571 on !ca�eins Z 20' of amigers were tallidW'maintain an -cpen t>0re=e and per�tratt,the in—pjac:e zons tr TO, LCGtIM Pe CATE �v SY Nam& W-ET? 4,�;Izllliad to Mai�t zo, of acn an Ij 40 Opcn borehole and penetrate tr%E- place WATM LEVEU X I comtrucilan dabrLs_ CTUU MS-.. A 7Y StanCard Peftetratic'n le-.&t Oata S61 > %� LU Dense G(4y ?-aftiatl-f Camentil1 tc Camentsd Szr%dz and Sr%eg Ffa7ment% - SC -me Clay c.=—vuereC ai 4v. �: i �� i � i .- ., .. ," .r.',.,a:'F .i Rµ� :-r�,. f��.r .p4[.1�ti n.s... or;:�'fy�Y .: ...w:r. -.. - ` I �. _ _ _ .. — 1 ;,aF•;.. ��„} •� `T�v. j /iC.8F-Oe'-'J^J.8 '.�,O.EYAMOW I e i 1•. air •. ..• - 4 sy 1 W^• . .+ ` • • ` Lo so FAT'' 2v''or augers Wert1tnstaUed �s matst3t�r'a� apEn Dotenn ol2 and pee!r3te the in-niact .IY r= _ DIT �J ED:' D-2=89 IA:ATrr-A LEYEL '3.. construction daoris. . - anniM fE'I]iCC ' . Y[S43oxltrG i FUSI Ary l SCIf ORSff[7tfOY1 xw sJil } I!I Sta.^.Carrt Pssiztraiion i�st ?aka O VG+c � Ld 1I fCxrv:Jitf __ t 1 � tife2C3 3r:G E.camy 5cilre i Ii I i g i sc — C.Jns r l.tcr: cecrfs. kc*c. arl,� rtrre Sane �� l 1113 to "1Ltium, cG^--e 3ra'y ne SANZ I ?rcwrr. ";ne z .--e-zk-tm S.INC - + JP34a : 1 it Z `&ME ' �+iortieMati S+e'*K� Z,;7 ,ew"4 -% i =inq �RECOPZ NEW BERN, 7 S-M FZZ WATM LEMCon,,tr=tiort debrLs. : XET�Ma )(A9X SG FM ATY 30 so I Soil Oes=ipt]on w 1 TD; lcznze bray pavdaay cemented to ICzmL—.-tz:,d Sands and sheH Fragments - Same CL3? 24 40'. � II 4 ' i I � i � � � 5� TO —,L P. 05 Li __ _lir�-.11 ` CIL .7 �� - -:1�{. .. I_'1 [� LI LJ`l�L c —� tom; I i t ir,!�, '.I.' i •' Ci i .F .-1 tl'-_]1 vim:.-1� �'[: {t. i:�C IJL� `� i , I_li j`-�1-, '�'+� �l_Lf�a F�J[• , r (' :1p:����:•':t" :, y � `L�-- � �xl,!.I� � [ ;f_{:�-. `54fk�: —� :j'=[ �C,�`�_�r[Ll�:��l [�'r=-- _ j��-i��,l'I, �'; r � i,' I ' � � � ;lad �L�[�:C[ t�C'�1 I � �i�Lf- '�--'_tit s- �• .� • ., ��� �:�;• � - — _ y I � � ! .,-tl_, � ,,tom _-- �--�=-1. i�` .,: •� bT t 1 t,C��i -1- [- ` # . hL[.1 <1."�iic l kT;S''' I't �� :if;. - ..�. .•1�. `,' :ti-I_ t' E`LI_l'�: °W �� � `�.; `, [� �"'�:`.,. -1c _ ,i ^• i` fl �� �_tt�:�_ 4hi4t1�_i�!L s s. . i L [ �u �., �' �� 1L: -_ [` `- G [ • ! ' ! + 1; . - : ' f -.,^� - .. U e - rLt: [-- I :i_—�i.�� eL!' .[J•' ` , G—."' y:i,1 '•°N! ,�, � f! � r,; rl r t' �;i:,• =,` �. _1� GG •�_ :�[f_? Ti ._ wit'- _ �LI�� � ��; lh�~ � �•-.\_, " �'� ' �� 1; 1 " �.. 'I L.� _r r''l—i✓�1..a - n- �1 : [- ice, , ' rD' i r �j I s I � —LI T— ji i;[, ~�I�a ,r��1�� ILZ ! I cn m i✓/ J Yam- _- _ -- __f1...._:__ m K L A slrEAM 1) RY KILN 0 R 0 0 I'vi 6 c� I I� I � \ L A T F 0 li M X �n�� 11 Ni I L L i � I �. 0 L L 0 c K s T In E ET FIGURE: 6 18118 Sanborn play, µy II I Ilk CP I I a ! L __J 1—.a ok 1 j CL r LA CD .YieyS._ tl.. I I I P O !_ 11-0 C K S T R r- E TI i r E S U P PLIES 1 FIGURE9 •. 1924 Sanborri-rnaR. STORMWATER MAINTENANCE PLAN 1. NARRATIVE I GENERAL: .. The stormwater collection system described herein and on the attached drawings is designed in accordance with the requirements contained in the INC Department of Environment and Natural Resources, Division of Water Quality, Water Quality Section's ,November 1995 booklet entitled "Stormwater Best Management Practices". According to NCDE�IR, sand filters "have been demonstrated to be effective in removing many of the common pollutants found in urban stormwater runoff, especially those found in particulate form". ' Sand filters are constructed with two (2) basic components: a sediment chamber and a sand chamber. The purpose of the sediment chamber is to reduce the amount of sediment that reaches the sand chamber and to help ensure that the stormwater reaches the sand chamber as sheet flow. The purpose of the sand chamber is to trap the finer sediment and sediment -bound pollutants, and to provide a media for microbial removal of bacteria. (NCDENR Stormwater Best Management Practices", p. 26) In addition to the basic components, a forebay has been included in the design for this project. The purpose of the forebay is to Provide a means for intercepting floating debris, thus preventing its entry into the sediment or sand chambers. This function and the inherent trapping of some sediment should work to extend the time between required sediment chamber cleanings. The following items will require a modification to the permit: transfer of ownership, project name 1 change, redesign or addition to the approved amount of bui#t-upon area, any revision to the approved plans, or and further development of the project area. The Division of Water Quality may determine that other reVision5 to the project reC,�ir�s a mGdiflCatiCn ic' the peri:cIL. MAXIMUM ALLOWABLE IMPERVIOUS AREA The maximum allowable impervious area for the entire area (3.42 ±- acres) is 85%. This is based on the City of New Bern's Laird Use Ordinance, Section 15-389 (a)(4) which states, "Of developments of three acres or more, 15% of the total lot area shall be planted". Maximum allowable impervious area for 85% is as follows: , Total allowed Max. Impervious = 3.42 t ac., = 148,922 t sq. ft x .85 = 126,584 ± sq. ft. 1" RUNOFF VOLUME CALCULATIONJl�.�� Using the Simple Method as described by Schueler (1987) 3 !, 76 Rv = 0.05 f 0.009(i), 1 = 85% max. = 0.05 + 0.009(85) = 0.815 Volume = (Design Rainfall)(Rv)(Drainage Area) _ (1")(1112 ftlin)(0.815)(3,42 ac)(43560 It'`tac) =10,118cu. & FRONT STREET DEVELOPERS. LLC 4 RMC No: 99093 SW r STORMWATER MAINTENANCE PLAN II. MAINTENANCE PLAN Owner shall maintain the sand filter during the construction phase of the project and shall after construction is completed maintain the sand filter for all routine and non -routine maintenance tasks. Owner shall be responsible for the perpetual care of the sand filter. A. CONSTRUCTION PHASE The Owner shall ensure that aft sedimentation and erosion control devices are checked for stability and proper operation no less than once every week during construction. All repairs shall be made immediately and shall be in accordance with the approved Sedimentation and Erosion Control plan. i "Sand filters are to be used only for drainage areas that have been stabilized. Sediment --T. suspended in runoff during construction could quickly clog the sand filter and render it useless". (NCDENR Stonnwater Best Management Practices", p. 26) For this reason no stormwater runoff is to be directed to the sand filter until after the surface being served has been completed and the surrounding areas stabilized. Following parking lot completion, catch basins and their associated drainage piping shall be inspected and cleaned of all trash and debris and any damage repaired prior to being placed in service. Roof drains shall remain capped until they can be connected to properly installed downspouts serving as conduits for run-off generated by a finished roof. This will prevent construction debris from entering the roof drain piping. S. MAINTENANCE REQUIREMENTS Owner shall maintain a file copy of the approved plans and specifications for a minimum period of five (5) years following the date of the completion of construction. Owner shall properly maintain and operate, or provide for the maintenance and operation of the stormwater management system components 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 systems. i Owner shall maintain records of maintenance activities that shall be available upon request, p to authorized personnel of the Division of Water Quality. These records shall indicate the t. date, activity, the name of the Contractor performing the work and what actions were taken. " ROUTINE MAINTENANCE 1. Regular_ Maintenance 'Regular maintenance is essential to the long-term performance and durability of the sand fitter, as it is with all stormwater BMPs. At least once a year each filter must be inspected after a storm to determine if the �J` l filter bed is passing the runoff as expected. Depending mostly on the activities j'- Y` occurring in the drainage area, most filters will show some decrease capacity for filtration after a few years. Maintenance operations must be performed when storms a approximately one inch are not passing through the filter within 24 hours. Maintenance for sand filters consists of removing the first two or three inches of discolored sand, and replacing this with new sand. The sand that has-been removed would then be dewatered, if necessary, and then €andfilled. At the same FRONT STREET DEVELOPERS, LLC RMC No. 99093 SW STORMWA T ER MAINTENANCE PLAN t. NARRATIVE time that maintenance is performed on the sand chamber, the sediment chamber should also be pumped and cleaned. It is most likely that the sediment removed from the first chamber will need to be dewatered before it is allowed to be dumped at a landfill." (NCDENR Stormivater Best Management Practices", p, 26) Inspections. The Owner shall inspect the sand filter after every flooding event and at least: Quarterly for (but not limited to) the following: trash or sediment accumulation in the forebay and sediment chamber, especially around the decant device between the €orebay and sediment chamber, for the condition of all catch basins, drainage piping, and the concrete sand filter lids. Inspection of the concrete lids shall included assessment for proper alignment, visible damage, and for presence and condition of plugs over lifting lugs. Note: The concrete lids will function as part of the proposed sidewalk. Any missing plugs shail be replaced immediately since their absence creates a tripping hazard. Semi-annually in addition to the quarterly requirements: for trash or debris accumulation or vegetative growth on the filter media and after a storm to ensure the structure operates in the manner originally intended. Annuaiiy, in additicn to the semi-annual requirements, for the depth of discolored sand in the sand &?amber, and for any obstructions at the river and of the Cutlet pipes. Inspections shall be carried out with "As -Built" plans. Additional inspections shall be conducted during wet weather, or times of extreme weather to determine if the sand filter is functioning properly. Sediment Removal. The sediment removal/clean-out cycle for the forebay area shall be performed as follows, or whichever comes first: a. semi-annually, or b. when sediment accumulation impairs water `low into the sediment chamber. The sediment removallclean-out cycle for the sediment chamber shall be performed as follows, or whichever comes first: whenever sediment accumulation averages 8 inches deep over the entire chamber, or whenever maintenance must be performed on the filter media. Filter Media. A clean concrete sand meeting ASTM C-33 (0.02 to 0.04 inch size) shall be used for the filter media. The sand chamber shall be filled with media to an average consolidated depth of two (2) feet. By consolidated, methods such as washing in or vibratory consolidation are implied, not to be confused with mechanical compaction efforts used in typical backflling op&ations. FRONT STREET DEVELOPERS, LLC 6 RMC No: 99093 SW �• - STORMWATER MAINTENANCE PLAN n 1 rr•p a. p It. MAINTENANCE PLAN When the first two (2) to three (3) inches of sand has become discolored it shall be removed and replaced with new sand. When an inspection discovers vegetation growing on the sand, the affected areas shall be removed and replaced with new sand. Replacement sand shall be of the same quality and gradation as the original. The Owner shall ensure that removed sediment and filter media is disposed of in an appropriate manner and that it is handled in a manner that will not adversely impact water quality (i.e. discharging into the river) and in accordance with all local, state, and federal regulation. 5. Debris and Litter Removal. Debris and litter removal from the surface of the parking lot shall be included as a part of the periodic site maintenance. Particular attention shall be paid to any debris around the catch basins that may cause clogging/obstructions. Any trash found shall be removed and disposed of properly according the City, County, and State regulations. 6. Erosion Control. Protective measures shall be taken during any future disturbance or development to avoid construction generated sediment from entering the existing sand filter. Sediment _Chamber Dewatering. Owner shall have a pump available that is capable of draining the sediment chamber for maintenance activities or emergency situations. If the chamber must be drained in an emergency or to perform maintenance then the pump discharge shall be directed into the sand chamber to provide a filtering effect and to prevent sedimentation of surrounding areas and direct discharging of stormwater into the river. NON -ROUTINE MAINTENANCE: Structure Repairs and Replacement. Owner shall replace any system component when damage or deterioration from use or age causes it to fail and/or function improperly. Replacement shall be in accordance with original plans and specifications. CERTIFICATION COMPLIANCE: Upon completion of the construction and prior to the 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 plans, specifications, and any additional supporting documentation. MAINTENANCE COST: Owner shall be responsible for all annual costs associated with the maintenance (routine or otherwise) and operation of the sand filter system as they occur throughout its existence. FROM STREET DEVELOPERS, UC RMC No: 99093 SW i STORMWATER MAINTENANCE PLAN RESPONSIBLE PARTY: II. MAINTENANCE PLAN I acknowledge and agree by my signature below that Front Street Developers, LLC is responsible for: not exceeding the maximum allowable impervious area draining into the Sand Filter, 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 to the system or changes in the responsibility party. Name of Owner/Responsible Party: Address: Phone Number: FRONT STREET DEVELOPERS, LLC P.O. Box 1169 New Bern, N. C. 28563 (252) 638-8300 Name & Title: JOHN O. HAROLDSON, OWNER Signature: d Date: } �7 Notary Public: a Notary Public for the State of County of do hereby certify that \�' rf��• �'���'�'=ate`.^�::cr�� personally 17 app red before me this ? day of QGc) J , 2000 and acknowledge the due execution of the forgoing wet detention basin/stormwater system maintenance requireme(%t§v,,AMtPPss my hand and official seal. �lc� �-J,/LL4' � • ' SEAL I', e Notary PulAic n a a ' 0C,°ter• •' t e My commission expires: �'� %-�=� •�1,,,_••°''•••. ' '' a r` Tr Q U FRONT STREET DEVELOPERS, LLC RMC No: 99093 SW ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS h MARINESURVEYORS 417•A BROAD ST, P.O. BOX 3496 NEW BERN, NORTH CAROLINA 28564.3496 November 1, 2000 Mr. William Moore N.C. DENR Division of Wafter Quality 943 Washington Square Mall Washington, N. C. 27889 BUSINESS! 2 52.6 37-4 702 FAX: 252.637-3100 rmeengrOCeonneol.net 1 N,P.v 3 2000 t I ray. ,DVVQ _ "Ram. Enclosures: 1. Sand filter calculations, 2 pages, revised. 2. Drawing; Front Street Developers, LLC, Revised Sandfilter Dimensions, Prepared by Robert M. Chiles, P.E., November 1, 2000. Ref: A. Booklet; Stormwater Best Management Practices, NCDENR Division of Water Quality, Water Quality Section, November 1995. Subject: Front Street Developers, LLC Revised Stormwater Sand Filter Dimensions and Calculations Dear Mr. Moore: During our telephone conversation yesterday you advised our office that the NCDENR design standard for the required surface area of sand filter chambers had been changed. The 360 ft2 minimum surface area indicated on page 27 of Ref. A for both the sediment chamber and the sand filter has been changed to require 360 ft2 of surface area per acre of drainage area. We have changed the dimensions of the project's sand filter to meet this new standard. A copy of the revised calculations and a dimensioned cross section are enclosed for your approval. Should you require any additional information, please contact us at your earliest convenience. With the expectation that this revision will result in approval of the stormwater management plan for this project, we remain Very truly yours, ROBER� M. CHI ;E. � � c Michael L. Rice, E.I. cc: Front Street Developers Front Street Developers, LLC 99093Moore MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYOROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL, MARINEAND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE ROBERT M. CHILES, P.E. 417-A BROAD ST. P. 0, BOX 3496 NEW BERN, NORTH CAROLINA 28564-3496 email: rmcengr@cconnect.net FACSIMILE SHEET TO: f �.c.Y•� // a �S FAX NO: FROM: NO. OF PAGES (Including this Page) DATE: //TIME: M REMARKS: BUSINESS: 252-637-4702 NIGHTS, 252-638-2346 FAX: 252-637-3100 P.m.zw"�_ MECHANICAL, CIVIL, AND MARINE ENGR ESRING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL. MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE 4.1' 3.9' SAND SEDIMENT CHAMBER CHAMBER �... E L. 5, 50' GRADE 4.33' L 4"0 SLOTTED DRAIN PIPE,-'k�� FABRIC WRAPPED 4-0 CORRUGATED PLASTIC PIPE, OUTLET INVERT 2.0* SECTION A -A 309.33 I III I fit, �( A 0_AROI _ i SEAL • -0 �i 1 • S SHEET 1 OF 1 RONT STREET DEVELOPERS, LU REVISED SANDFILTER DIMENSIONS FOR OLD HOLIDAY INN SITE TOWNSHIP NO. 8 CITY OF NEW BERN CRAVEN COUNTY ID,XNOVEMBER 1, 2000 ROBERT M. CHILES, P.E. 99093 AND C0NSATANTS SCAth 1 OT TO SCALE Q � �f N a 61..41414:'-If, ,�R •�"nV � i'� �r�I� �j��l�{faUl�1'• ROBERT M. CHILES, P.E. Engineers & Consultants DRAINAGE AREA ENTIRE SITE Existing impervious area on site Existing pervious area on site Off -site area entering project area PHASE 1 PROJECT AREA ENTIRE SITE AFTER PHASE 1 Resulting impervious Resulting previous Net gain impervious_ Net loss pervious DESIGN REQUIREMENTS: 3.42 ± acres = 148,922 t sq ft 78,110 t sq ft 70,812 t sq ft 0 sq ft 49,925 t sq ft 3.42 t acres = 148,922 ± sq ft 85,813 f sq ft 63,109 t sq ft 7,703 t sq ft 7,703 t sq ft SEDIMENT CHAMBER: VOLUME Required (540 ft3/acre) x (3.42 acres) = 1,847 ft' Provided [(300 ft x 3.9 ft) + (7.33 ft x 8.67 ft)] x 2.67 ft = 3,294 ft3 (chamber + forebay) DEPTH Required Minimum Provided SURFACE AREA Required Minimum Provided SAND CHAMBER: 18 in. 24 in. (to weir), 32 in. (to top of chamber) 360 ft'7/ac x 3,42 ac = 1230 ft2 300 ft x 3.9 ft + 7.33 ft x 8.67 ft = 1234 ft2 FILTER MEDIA SHALL BE CLEAN CONCRETE SAND MEETING ASTM C-33. VOLUME Required (540 ft3lacre) x (3.42 acres) = 1,847 ft-1 (chamber) Provided 300 ft x 4.1 ft x 2.67 ft= 3,284 W DEPTH (FILTER MEDIA) Required Minimum Provided SURFACE AREA Required Minimum Provided 18 in. 24 in. 360 ft2lac x 3.42 ac = 1230 ft2 300 ft x 4.1 ft = 1230 ft2 ����tit�tI�++r�r�� .•��H CARQr' C • _ SEAL �$ •i 025586 �r y+ 0 f M. CK. • ��. #piiliu01-1;x` FRONT STREET DEVELOPERS, LLC SndF1trCa1csRev 1 FILTER MEDIA CALCULATIONS: FLOW TO DRAIN IN IDEAL SECTION (VOID WITHIN LAYER OF SAND) FLOW TO DRAIN IN ACTUAL SECTION (PIPE AT IMPERVIOUS BOTTOM) Water t Water 4F t Sand Sand d d SOLUTION r w a FOR IDEAL Impervious bottom SECTION Q = 27ck(t + d -s) / (In 2d/rd), where Q = flow k = C(Ds0)z k = soil permeability D10 = 0.2 mm t = depth of ponded water = 8" = 0,67' C = 1 d = depth of drain = 24" = 2' s = water depth above outlet = 0 k = 1 (0.2) = 0.04 cm/sec In = natural logorithm k = 0. 00 131 ft/sec rd = radius of drain = 2" = 0.167' Q = 2,r(0.00131)(0.67 + 2)/(In[(2[2])/0.167) Q = 0.00692 ft=lsec per unit length (foot) of drain Q into the entire 300 ft. of drain = (0.00692)(300) = 2.076 ft'/sec Q per square foot of filter media surface area = (2.076 €t'/sec) / (1230 ft2) = 0.00169 ft/sec = (0.00169 ft/sec)(7.48 gal/ft') = 0.0126 gal/sec/W = (0.0126 gal/sec/ft2)(60sec/min) = 0.756 gallmin/ft2 SOLUTION FOR ACTUAL SECTION Reduction factor 0.5, to account for perforated pipe Q = (0.756)(0.5) = 0.38 gal/min/ft2 Reduction factor 0.7-0.9, to account for impervious bottom of filter housing. Q = (0.38)(0.7) = 0.27 gallmin/ffl DRAW DOWN TIME FOR RUNOFF PRODUCED BY 1" RAINFALL (10,118 ft') [ (10,118 ft')(7.48 gal/ft') ] / [ (0.27 gal/min/ft2)(1230 ft2)(60 min/hr) ] = 3.8 hours AH CAROZ�,y'% ���•OSS/.p ••�'� i 4� do = S SEA = 025 66 • z ;d �r =, ,% ! FN ,�1/1111i11111 FRONT STREET DEVELOPERS, LLC SndFltrCalcsRevl NCDENK May 17, 2000 .TAMES B. HUNT JR. GOVERNOR s MEMORANDUM: ,; t� 91LL'HOLMAN .. TO: SECRETARY FROM: DONNA D. MOFFITr DIRECTOR . •-' L` �f. SUBJECT: Applicant: Project Location: j�- Proposed Proj ect: s;x::re NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DlvisION OF COASTAL MANAGEMENT Mr. Kerr T. Stevens, Director Division of Water Quality Doug Huggett Major Permits Processing Coordinator 1� [_M AY 2 2 2000 WASHINGTON REGIONAL OFFICE DY40 CAMA/DREDGE & FILL Permit Application Review Front Street Developers, LLC, c/o Robert Chiles, P.E. Craven County, adjacent the Neuse River along the 300 block of East Front Street in downtown New Bern. Proposes to install a commercial 9 slip dock, a fuel dock, 20 mooring pilings, five 6' X 40' finger piers, a 735' X 6' access way; construct a restaurant, a retail shop, concrete sidewalk and a parking area. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 7, 2000. If you have any questions regarding the proposed project, please contact M. Scott Jones at (252) 808-2808. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. SIGNED This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. II• iir l T MOREHEAD CITY OFFICE HESYRON PLAZA II, 151-B HIGHWAY 24, MOREHEAD CITY NC 28557 PHONE: 252-808-213013 FAX: 252-247-3330 AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION EMPLOYER - 50% RECYCLED / 1 Oq POST -CONSUMER PAPER DENR TOLL FREE HOTLINE: 1-877-623-6748 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Front Street Developers, LLC c/o Mr. Robert Chiles, P.E. P.O. Box 3496 New Bern, NC 28564-3496 2. LOCATION OF PROJECT SITE: Adjacent to the Neuse River along the 300 block of East Front Street in downtown New Bern, Craven County. Photo Index - 1989: 3-128-16 014-015, P14-1`16 1995: 72-804 05, P4-P6, Q4-Q5 State Plane Coordinates - X: 2,587,700 Y: 499,700 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - July 29, 1999, & April 7, 2000 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Receiver] - April 10, 2000 Office - Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan -City of New Bern Land Classification From LUP - Developed (B) AEC(s) Involved: PT, EW, ES m Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - City of New Bern Treatment Works Planned - City of New Bern Treatment Works (F) Type of Structures: Existing -Varied groundcover including, grass, dirt, concrete, asphalt, and compacted gravel. Service station (no fuel distribution). Planned - Nine slip dock, fuel dock, finger piers, access walkway, restaurant, retail space/building, concrete sidewalk and parking (G) Estimated Annual Rate of Erosion: NIA Source - NIA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Estuarine & Public Trust Waters of 42,000 ft.' the Neuse River usurpo by docks m Other 18,000 ft.2 Estuarine Shoreline High Ground (D) Total Area Disturbed: 60,000 ft.' (E) Primary Nursery Area: No (F) Water Classification: SC SW NSW Open: No FIELD INVESTIGATION REPORT: Front Street Developers, LLC PAGE #2 8. PROJECT SUMMARY: The applicant proposes to install a commercial 9 slip dock, a fuel dock, 20 mooring pilings, five 6 ft. X 40 ft. finger piers, a 735 ft, X 6 ft. access way; construct a restaurant, a retail shop, concrete sidewalk and a parking area. 9. NARRATIVE DESCRIPTION: Project Setting The applicant owns a 3.42 acre tract adjacent to the Neuse River along the 300 block of East Front Street in downtown New Bern, Craven County. The site formerly contained the New Bern Holiday Inn and an automobile service station. The motel, which featured a waterward facing restaurant, was razed over a period of several years with the final section being removed in 1998. The service station ceased operation in 1998 and except for gas pump removal is still intact. The service station building and grounds are currently an active commercial rental property. Existing ground cover on the tract include a combination of grass, dirt, compacted gravel, asphalt, and concrete. The waterfront is bulkheaded along its entire length (approximately 750 ft.) with steel sheet pile and concrete cap. The remains of an old dock structure are still present immediately waterward of the bulkhead and is scheduled to be removed. The site is bordered on the west by East Front Street, on the south by Pollock Street, and on the north by a grassed parcel which contains a sewer lift station owned by the City of New Bern. The site is approximately 4.5 ft. in elevation. Water depths immediately offshore fall from -3.0 ft. to -10 ft. rapidly. The Neuse River in this area is classified as SC SW NSW and is not a primary nursery area. The river is over 5200 ft. wide at this location. All proposed development is greater than 170 ft. from the near edge of the federally maintained channel. Project Description The applicant proposes to remove the old dock structure and construct a 9 slip dock with fuel dock. The dock structure will include five 6 ft. X 40 ft. finger piers, 20 mooring pilings, and a 6 ft. X 735 ft. access way which will run parallel to shoreline the entire length -of the waterfront. Fuel storage will occur on high ground along the Pollock Street side of the property. On high ground a 28 ft. X 35 ft. retail space is proposed which will act as a contact point for dock related services and souvenir gift shop. The restaurant will be constructed on an existing 64 ft. wide jetty which extends roughly 130 ft. out into the river. It will provide full service dining for 100 guests and offer scenic views of the river through windows on the north, east, and south walls of the dining rooms. Outdoor seating will be provided on decking built above the jetty. A public bar will be situated over the restaurant and seat 34 guests. A 33 space parking lot west of the retail shop along Pollock Street will serve as the primary vehicular access for the site. Currently impervious coverage on the site has been calculated at 63.1 %. The aforementioned development constitutes a 7,703 ft.' increase, of which 5,243 ft.2 is from new buildings and 2460 ft.2 is from the sidewalk. In addition the graded/filled areas on high ground only account for approximately 1.15 acres of the entire site. In an effort to alleviate any stormwater runoff issues generated by this project and any future development on the rest of the tract, the applicant has submitted a stormwater management plan to the NC Division of Water Quality that will address the entire site. This plan was submitted for approval on March 29, 2000. Likewise a Sedimentation Erosion Control Plan was submitted for approval to the NC Division of Land Resources on the same day. At this time development for the remaining 2.25 acres has not been proposed. FIELD INVESTIGATION REPORT: Front Street Developers, LLC PAGE #3 Anticipated Impacts Approximately 42,000 ft.z of Estuarine Waters and Public Trust Waters would be usurped by the placement of the proposed docking structures. Additionally some 18,000 ft.Z of high round within the Estuarine Shoreline would be graded, filled or built upon. Minor, short-term increases in turbidity wou14 be expected during the installation of the proposed docking structure. Relatively deep water combined with the 170 ft. setback from the existing channel would minimize impacts to the boating public in an already heavily trafficked area of the Neuse River. The stormwater management plan utilizes a sand filter underneath the concrete sidewalk thus eliminating any additional outfalls to surface waters. Scott Jones DCM - Morehead City Field Office May 16, 2000 C.A.NI.A. NIAJOR PERMIT APPLICATION NCDENR FORIMS DCM-MP-1, 3 &- 4 submitted for FRONT STREET DEVELOPERS, LLC by ROBERT -M. CHILES, P.E. INDEX 1. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF COASTAL NLANAGEMENT FORMS: DCM-MP 1, APPLICATION FOR PERMIT TO DEVELOP IN NORTH CAROLINA'S COASTAL ARE. II DCM-MP3, UPLAND DEVELOPMENT III DCM-MP4, STRUCTURES IV APPLICABLE DEEDS INDICATING OWNERSHIP OF PROPERTY AFFECTED BY THE PROPOSED PROJECT. A CRAVEN COUNTY REGISTER OF DEEDS BOOK 1488, PAGE 460 B CRAVEN COUNTY REGISTER OF DEEDS BOOK 1679, PAGE 976 V LETTER FROM MR. JOHN 0. HAROLDSON DATED APRIL 6, 2000 NAMING ROBERT M. CHILES, P.E. AS HIS AUTHORIZED AGENT FOR THE PURPOSE OF THIS APPLICATION. 2. APPENDLY LOCATION MAP, COPY OF NOAA CHART AND PROJECT DRAWINGS A FRONT STREET DEVELOPERS, LLC, LOCATION MAP AND WRITTEN DIRECTIONS TO THE OLD HOLIDAY INN SITE, PREPARED BY ROBERT M. CHILES, P.E., DATED MARCH 31, 2600. B PORTION OF NOAA CHART 11552, 17m EDITION, DATED OCTOBER 31, 1992. C FRONT STREET DEVELOPERS, LLC, OLD HOLIDAY INN SITE PLANS, PREPARED BY ROBERT M. CHILES, P.E., DATED MARCH 31, 2000. (1) SHEET 1 OF 6, EXISTING CONDITIONS (2) SHEET 2 OF 6, PHASE 1 DEVELOPMENT PLAN (3) SHEET 3 OF 6, BUILDING PLACEMENT PLAN (4) SHEET 4 OF 6, DOCK AND MOORING PLAN (5) SHEET 5 OF 6, FINGER PIER PLAN AND PROFILE VIEWS (6) SHEET 6 OF 6, HYDROGRAPH AND CHANNEL LOCATION FRONT STREET DEVELOPERS, LLC 1 RMC 99093CAMA H NARRATIVE DESCRIPTION OF FRONT STREET DEVELOPERS, LLC OLD HOLIDAY INN SITE DEVELOPMENT PROJECT, PHASE 1. A LETTER TO MR. JOHN 0. HAROLDSON DATED SEPTEMBER 22, 1999 FROM MR. MICHAEL W. AVERY, AICP, DIRECTOR OF PLANNING AND INSPECTIONS FOR THE CITY OF NEW BERN, NORTH CAROLINA REGARDING THE PROPOSED DEVELOPMENT ALONG THE NEUSE III SOIL TEST BORING RECORDS PREPARED BY S&ME, INC, RALEIGH, NORTH CAROLINA. A TEST BORING RECORD B-1, DATED DRILLED: 9-2-99 B TEST BORING RECORD B-2, DATED DRILLED: 9-2-99 IV EXCERPT FROM APPENDIX A, ARTICLE IX, PART I, SECTION 15-137, OF THE - CODE OF ORDINANCES FOR THE CITY OF NEW BERN, NORTH CAROLINA, V HISTORICAL AND ARCHEOLOGICAL INVESTIGATIONS OF THE CITY OF NEW BERN MOTOR INN SITE, NEW BERN, NORTH CAROLINA, PREPARED BY GARROW & ASSOCIATES, ATLANTA, GEORGIA, REVISED OCTOBER 14, 1985, CO-AUTHORED BY PATRICK H. GARROW, PRINCIPAL INVESTIGATOR, AND J.W. JOSEPH, FIELD DIRECTOR. VI LETTER TO MR. W.B. HARTMAN, MANAGER, CITY OF NEW BERN, DATED APRIL 4, 2000, REPRESENTATIVE FOR THE ADJACENT RIPARIAN PROPERTY OWNER, HAND DELIVERED. VII ARCHITECTURAL RENDERINGS OF PROPOSED RESTAURANT, PREPARED BY MAUNE BELANGIA FAULKENBERRY ARCHITECTS, PA, NEW BERN, NORTH CAROLINA, DATED FEBRUARY 15, 2000. A SHEET AI, FLOOR PLANS B SHEET A2, SECTION AND ELEVATION VIE LETTER TO MR. PATRICK H. McCLAIN, P.E., ASSISTANT REGIONAL ENGINEER FOR THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL. RESOURCES, DIVISION OF LAND RESOURCES, LAND QUALITY SECTION DATED MARCH 28, 2000 FROM ROBERT M. CHILES, P.E., REGARDING THE SUBMISSION OF AN EROSION AND SEDIMENTATION CONTROL PLAN FOR FRONT STREET DEVELOPERS, LLC, OLD HOLIDAY INN SITE PROJECT, WITH U.S.P.S. DOMESTIC RETURN RECEIPT INDICATING MARCH 29, 2000 AS THE DATE OF DELIVERY. FRONT STREET DEVELOPERS, LLC II RMC 99093OAMA IX LETTER TO MR. JIM MULLIGAN, REGIONAL SUPERVISOR FOR THE NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES, DIVISION OF WATER QUALITY DATED MARCH 28, 2000 FROM ROBERT M. CHILES, P.E., REGARDING THE SUBMISSION OF A STORMWATER MANAGEMENT PERMIT APPLICATION FOR THE FRONT STREET DEVELOPERS, LLC, OLD HOLIDAY INN SITE PROTECT, WITH U.S.P.S. DOMESTIC RETURN RECEIPT INDICATING MARCH 29, 2000 AS THE DATE OF DELIVERY. X ENVIRONMENTAL ASSESSMENT, MARINA AND RESTAURANT PROJECT, FRONT STREET DEVELOPERS, LLC, NEUSE RIVER, CRAVEN COUNTY, NORTH CAROLINA, DATED NOVEMBER, 1996, PREPARED BY LAND MANAGEMENT GROUP, INC., ENVIRONMENTAL CONSULTANTS, WILMINGTON, NORTH CAROLINA. XI PHOTOGRAPHS DEPICTING THE EXISTING CONDITIONS AT THE PROJECT SITE, TAKEN APRIL 4, 2000 BY NHCHAEL L. RICE, E.I., OF ROBERT M. CHILES, P.E., NEW BERN, NORTH CAROLINA. FRONT STREET DEVELOPERS, LLC .. lli RMC 99093C AMA Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Front Street Developers, LLC Address P . 0. Sox 1169 City New Bern State NC Zip 28560 Day phone 252-638-8300 Fax b. Authorized Agent: Name Robert M. Chiles, P.E. Address P. 0.8ox 3496 City New Bern State NC Zip 28564 Day Phone 252 _637-4702 Fax 252-637-3100 c. Project name (if any) Front Street Developers, LLC NOTE: Permit wiU be issued in name of lmdowner(t), mid/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Craven b. City, town, community or Iandmark City of New Bern c. Street address or secondary road number 300 Block of East Front St d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creels, sound, bay) Neuse River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Restaurant. pier & mooring dolphins, Excavation for the purpose of_constructine a starmwater management sand filter SEE APPENDIX ITEM I b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Commercial 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. SEE APPENDIX ITEM II Revised 03/95 Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 3.42± Acres b. Size of individual Iot(s) 3.42* Acres c. Approximate elevation of tract above MHW or NWL 4.5± d. Soil e s and texture(s) of tract SE Ala ENDIX ITEM III e. Vegetation on tract f. Man-made features now on tract Concrete bulkhead concrete, asphalt & stone parking areas, and service station g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land mie plan.) Conservation X Developed Rural Transitional Community Other h. How is the tract zoned -by local government? C-2 commercial waterfront district SEE APPENDIX IV i. Is the proposed project consistent with the applicable zoning? x_ Yes No (Attach zoning compliance cerrificrue, if applicable) j. Has a professional archaeological assessment been done for the tract? X Yes No If yes, by whom? Garrow & Associates, Inc. SEE APPENDIX ITEM V k. Is the project located in a National Registered Historic bistrict or does it involve a National Register listed or eligible property? X Yes No 1. Are there wetlands on the site? Yes X No Coastal (marsh) . Other If yes, has a delineation been conducted? (Attach documentation, if available) m. Describe existing wastewater treatment facilities. Municipal sewer 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.) Surface runoff and stormwatdr management sand filter discharge o. Describe existing drinking water supply source. Muniripa7 water 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 accurate, dated worst plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an S I/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03/95 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 copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. City of New Bern Name — Mr; W- $. HartMafl, _Manager_ Address P . 0. Box 1129 . New Bern, NC 28563 Phone 252-636-4028 SEE APPENDIX ITEM VI Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the casts of processing the application. • A signed ,AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the day of 1$�Ooo Print Name Signature or AuihoriZrd Agew Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM W-4 Structures information DCM MP-5 Bridges and Culverts DCM M9-6 Marina Development NOTE. Please sign and dare each attachment in the space provided at the bottom of each form. Revised 03195 Dorm i)UA1-A1Y-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major h Permit, Form DCM-MP-1. 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 2 buildings; 1 restaurant, 1 retail space (Bait Shop, Dock office,etc.) i See Appendix Item VI b. Number of lots or parcels 1 c. Density (give the number of residential units and the units per acre) d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 1.15 Acres (Phase 1) 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 3-28--00 See Appendix Item VIII f. List the materials (such as marl, paver stone, as halt, or concrete) to be used for paved surfaces. Concrete and asphalt 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? X Yes No If yes, date submitted 3-28•-CU See Appendix'Item IX Describe proposed method of sewage disposal. Muhiciaal Sewer j. Have the facilities described in Item i. above received state or local approval? _yes _ (Atmch 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). Surface runoff, and stormwater management sand filter discharge 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Public System m. Will water be impounded? Yes X No If yes, how many acres? n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N/A Front Street Developers, LLC g. Give the percentage of the tract within 75 feet of Appl. or Cl:' ect2 MHW or NWL; or within 575 feet in the case of an Outstanding Resource Water, to be covered by s' cure impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for Date vehicular driveways or parking. * *75' AEC ccntairs 44663+/- s.f., or +/- S.F. is exist'iN im�JS. Phase 1 construction proposes an impervious irx:rease of 7103+/- S.F., of which 5243+/- S.F. is from new b rildinr and 2460+/- S.F. is from Revised 03195a side�,alk covered sand falter. Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) 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 which relate to this proposed project. a. Dock(s) and/or Pier(s) (1) X Commercial _Community — Private (2) Number - 1 (3) Length 7351.t total (4) Width 6' (5) Finger Piers X Yes No (i) Number 5 (ii) Length 40' * (iii) Width 6' (6) Platform(s) Yes X No (i) Number (ii) Length (iii) Width. (7) Number of slips proposed 9 (8) Proximity of structure to adjacent riparian property lines 15' (9) Width of water body 5 , 200' ± (10) Water depth at waterward end of pier at MLW or NWL 6' ± b. Boathouse (including covered lifts) N/A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N/A (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys N/A (1) _ Commercial _Community — Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) (5) Width of water body _ Distance buoy(s) to shoreline be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) X Commercial _Community _ Private (2) Number 20 mooring pilings (3) Length (4) Width g. Other (Give complete description) _FRONT STREET DEVELOPERS, LLC App6 t r Project N4`�� - S' c�0 0 0 Date Revised 03195 $1 50. 00 Tax Lot No ...................................... Verified by ...................................... by.................................................... Real Estate Excise Tax ;30 ................................................. Parcel Identifier No. .................. ..... _... ............ ............ ................... .. .... County on the ................ day of ......................................................... I9........... Mail after recording to C. H. POPE, JR................................................ This instrument was prepared by ...... .WILLIAM H. HOLLOWS ......... ........... _ ..... .... ..-- - .- Brief description for the Index NORTH CAROLING. GENERAL WARRANTY DEED THIS DEED made this _. �..... day of .....,.. 19 95 by and between GRANTOR GRANTEE RALPH H. DECKELBAUM and wife, VERA M. DECKELBAUM, RALPH H. DECKELBAUM, Trustee under FRONT STREET DEVELOPERS, LLC that Agreement recorded in Book 617 at Page 145 and modified in Book 681 at Page 529 of the Craven County Registry, NB ASSOCIATES, a General Partnership, and HOLIDAY INN OF NEW BERM, a General Partnership Enter In appropriate block for each party; name. address, and, if appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by contest. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of .......New Bern ....... ....I .............. ...Number..Eight....... .,...... Township. Craven County, North Carolina and more particularly described as follows: See EXHIBIT "A" attached hereto. M M .l v v I U L f 1 Ie property. hereinabove describedwas;scquired'by?Granto by y instrument recorded in:....:........................................................ map showing the above described property is recorded in Plat Book .................................... page ......................... ? HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to e Grantee in fee simple. Id the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey e same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and fend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. tie to the property hereinabove described is subject to the following exceptions: Rights of others in the waters of the Neuse River and lands thereunder. Easement recorded in Book 621 at Page 320 of the Craven County Registry. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this Instrument to be signed In Its rporate name by Its duly authorized officers and its seal to be hereunto affixed by authority of its Hoard of Directors, the day and year first ove written. SEE SIGNATURE PAGE _ (s$AL) (Corporate Name) r� z C 4 ----------'------------`-------------------------------------(SEAL) - __-----__ _President 'TEST: U ---------------------------------------------------- --------(SEAL) --------------------------'--------------------------------- -____________________-___-Secretary (Corporate Seal) U2 ` "" ---(SEAL) SEAL -STAMP NORTII CAROLINA._________________ _____County. 1, a Notary Public of the County and State aforesaid, ceretfY that ------------------------------------------ c x---------------------------------------------------------------- --- Grantor, u A yq personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my V ' a hand and official stamp or seal, this -------- day of ----------------------------------------- 19__-__. Mycommission expires: ______________________________ ---- Notary Public SEAL -STAMP NORTIi CAROLINA--------------------------- -------- County. 1, a Notary Public of the County and State aforesaid, certify that _________________ ____- __------___, d personally came before me this day and acknowledged that --_- he Is --------------------------- Secretary of q yX------------------------------------------------------- a North Carolina corporation, and that by authority duly V given and as the act of the corporation, the foregoing Instrument was signed In its name by Its --------------- N President, sealed with Its corporate seal and attested by ----------- as its ___________________________ Secretary. Witness my hand and official stamp or seal, this -------day of ------------------------ I9--- My commission expires: ___________________ - Notary rublle r foregoing Certlflcate(s) of - -- -----------------------------^--------------------------__----------------------- ------------------------------------------------------------------------------------------------------------------------------------------- re certified to be correct This instrument and this certificate are duly registered at the data and time and in the Hook and Page shown on the Page hereof. -------------------------------------------------------- -_REGISTER OF DEEDS FOR --------------- QMU11------------ COUNTY .--------------------------------- _-__-_____-DenulY/Assistant - Reelster nr n--e- EXHIBIT "A" Beginning at a point in the eastern right of way line of East Front Street, said point being the northwest corner of the tract described in the deed recorded. in Book 725 at Page 31 of the Craven County Registry, THENCE from said point of beginning so located North 09 degrees 08 minutes 00 seconds East 233.47 feet to a point; thence North 34 degrees 54 minutes 00 seconds East 82.10 feet to a point; thence South 80 degrees 57 minutes 00 seconds East 504.9 feet to a point in the Neuse River; thence South 10 degrees 16 minutes 00 seconds West 432.45 feet to a point; thence North 80 degrees 57 minutes 00 seconds west 460.15 feet to a paint; thence North 09 degrees 08 minutes 00 seconds East 125.00 feet to a point; thence North 80 degrees 57 minutes 00 seconds West 72.00 feet to the point of beginning, containing 5.09 acres, more or less, in accordance with a survey by Robert M. Chiles, P.E., dated January 12,-..1994, reference to which is hereby made. My Commission Expires: p 3 Notary Pub1�.c {SQL LytM COMR r4OTARy pUBLr, STATE OF Marti+ 2 �N MY Commission E1 r A81+1.y88 PcyG3(SEAL) dLP"HH. VERA M. DECKELBAUM :-W — (S EAL ) PH H. DECKELBAUM - TRUSTEE HOLIDAY INN OF NEW BERN, (SEAL) a General Partn hip BY: -SEAL RALPH DECKELBAUM NB ASSOCIATES, a Gene1ral Partnership i BY. RALPH H. DECKELBAUM STATE OF MARYLAND COUNTY OF /YjplVi�n�G�2y I, 6eeJL _ iii/I� C'vST�� - , a Notary Public in and for said County and State do hereby certify that Ralph H. Deckelbaum and wife, Vera M. Deckelbaum, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal this ��' day of , 1995. My Comrilf�3,sion Expires: v STATE OF MARYLAND COUNTY OF /Y1"MonfEW Notary Public CAROL LYNN COSTER NOTARY PUBLIC STATE OF MARYLAND My Commission Expires March 28, 1999 I, pL "AlCq,3= , a Notary Public in and• for said County and 8tate do hereby certify that Ralph H. Deckelbaum, Trustee, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal this %�� day of 1995. CARD! IYNN COSTER Notary Public NOTARY PUBLIC STATE OF MARYLAND MV Commission Expires: A. r___:..:__ �.__ ___ nj___z nn 10r (SEAL) (SEAL) t J- 02/19/1449 CRAVEN COUNTY -+� •� D (� U' 7 $200.00 OTATt r, 5'mk O0 pNA .:, . Heal Estate Excise Tax I u•'� ? 7 STATE OF NORTH CAROLINA COUNTY OF CRAVEN THIS DEED, made and entered into this the 19th day of February 1999, by and between KILLIAM T. FORREST, parties of the first part; and HAROLDSON PROPERTIES, LLC, a North` Carolina f limited liability company, having an address of p. ().__Box •1169, New Bern, NC 28563 party of the second part; l W I T N E S S E T H That the parties of the first part in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations to said parties paid by the party of the second 4. part, the receipt of which hereby.is acknowledged, have bargained and sold and -by these presents do bargain, sell and convey unto the party 'of the second part, said party's successors and assigns, the following described property, to wit: All that certain tract or parcel of land lying and being situate in Number Eight Township, Craven County, North Carolina and being more particularly described as follows:. Beginning at a point marking the intersection of the' northern right of way line of Pollock Street and the eastern right of way line of East Front Street in the City of New Bern and running from this point of beginning so located North 090 08' East 125 feet to a stake marking a. line of. Front ' Street Developers;- LLC; thence along and with .the lines of Front Street Developers,- LLC the- following two courses and distances: South 80 57' East 72 feet and South 09' 08' West 125 feet to a stake in the northern right of way line of Pollack* Street; thence along -and with the northern; right of way line of Pollock Street North 80' 57' West 72 feet -.to the point of beginning. The aforesaid property is' -.the same property described by deed recorded in Book 932, 1 Face 0977 Page 57., and devised to William T. Forrest by Will filed in File'87E279. TO HAVE AND TO HOLD said property and all privileges and a ppurtenances-thereunto belonging to the party -of the second part, i.!said party's.successors.and assigns forever.. ' And the parties of the :first part do covenant that said parties -.are seized of said property in fee and have the right to convey -,same in fee simple; that the same is free .'from encumbrances'. except any encumbrances or .restrictions mentioned above and that said parties will warrant and defend the title to the same against the lawful claims of all persons whd p oever. IN .TESTIMONY WHEREOF, the party of the first part has set said party's hand imereto:and has adopted as said party's seal the W typewritten word "SEAL" appearing beside said party's name, this the day and year first above written. 4 e rti t�C ['tit t L' (SEAL). William T. Forrest STATE OF NORTH CAROLINA COUNTY OF CRAVEN I, Deborah D. Travis' , a Notary Public in and for said County and State, do hereby certify that. WILLIAM T. FORREST personally appeared before me this day and acknowledged.the due execution of the foregoing instrument. WITNESS my hand and,notarial seal, this the 19th day of February 1999. O` ""°'• Notary` Public My Commission_zes•. .0 10/22/1999 .... U r. 2 . MEMORANDUM: FROM: Mr. John Haroldson, Manager Front Street Developers, LLC P. 0. Box 1169 New Bern, N. C. 28563 TO: Mr. Robert M. Chiles, P.E., Owner Robert M. Chiles, P.E. Engineers, Consultants and Marine Surveyors P. 0. Box 3496 New Bern, North Carolina 28564-3496 RE: Assignment of right to act as Authorizing Agent for Old Holiday Inn Site Project, 300 Block East Front Street, New Bern, North Carolina, Craven County, N. C. TO WHOM IT MAY CONCERN: By my signature below, 1, JOHN 0. HAROLDSON, aurhorize Robert M. Chiles, P.E. to act as the agent representing Front Street Developers, LLC for the purpose of completing and submitting the North Carolina Department of Environment and Natural Resources, Division of Coastal Management Application for Permit to Develop in North Carolina's Coastal Area, and supporting documents. This authorization is effective on the date signed. & JOHN 0. HAROLDSON CRAVEN COUNTY NORTH CARD NA J I, C,J _/1 _ Notary Public for the aforesaid County and Wte do hereby certify that Jot 0. Haroldson perso Ny appeared before me this _ day of 2000 and that he acknowledged the execution of /the foregoing instrument. Witness my hand and notarial seal this Co day of o_� , 2000. ♦�a'$d NOTARY PUBLIC 1� : My commission expires: Si a 03 � .o Puss lC.� �. •G o ��oov✓CPS CL say CfV fNrfu Nrrn ALDERMAN JULIUS C. PARHAM. JR. ROBERT G. RAYNOR, JR. MACK L'MkV FREEZE JOSEPH E. MATTINGLY. JR BARSARA LEE WILJJAM H. SALIENGER Suuf4rrn Suryrisr, FOUNOED1710 PHONE: 252-636-4000 P.O. BOX 1129 Cdeiu Pan, N. & 28563-1129 September 22, 1999. John Haroldson Post Office Box 1169 New Bern, North Carolina 28563 Subject: Proposed Development along Neuse River Dear John: TOM BAYLISS. III MAYOR WALTER B. HARTMAN. JR CITY MANAGER VICKIE H. JCHNSON CITY CLERK MARY A. BRATCHER CITY TREASURER I am writing in response to our discussion on the proposed development of a small peninsula of land you -own at the old Holiday Inn site. We discussed your plans for the construction of a combination restaurant./office building and the provision of pedestrian access along the river. You asked for a statement as to the compatibility of your plans with those of the City. y Following our discussion, Annette Stone, City Planner and I visited the site and reviewed historical documents pertaining to development along the City's waterfront. We found photographic and other information addressing the character of waterfront development during the late 1800's and early 1900's. In John E. Green, III's book entitled A New Bern Albzan, he states, "New Bern has always presented its most interesting face to the broad waters or the Neuse and Trent." We also reviewed the City's Historic District Guidelines and other documents such as the Lrban Desr,n Plan and the City's CA.,VL? Land Use Plan. Based on our reviews, we think there is precedent for construction along the water's edge on small peninsulas and docks, and that new development along these lines would be consistent with the community's historical character. In addition, the proposed development and the fact that it will facilitate an expansion of pedestrian access along the waterfront are consistent with the City's long range goal of reconnecting the community to the waterfront as recommended in the Urban Design and CAMA Land Use Plan. v As you are aware, the Historic Preservation Commission Governs any new construction or exterior alterations based on its Historic District Guidelines. Please let know if you have any questions or need additional information. Sincerely, Michael W. Avery, . ICP Director of Planning & Inspections ,Sfriiiing fnr ` ixrA1rnrr APPENDIX FRONT STREET DEVELOPERS, LLC RMC 99091CANLA APPENDIX ITEM I LOCATION MAP COPY OF NOAA CHART PROJECT DRAWINGS FRONTS REET DEVELOPERS, LLC RMC 99093CAMA TR I 5,$US. P�Sp�p Jp47 11 �p� p�NU `iTE ZMFORT SUITES D_IRECTI❑NS TO SITET ENTER DOWNTOWN NEW BERN FROM US HWY. 17, TAKE RIGHT LANE EXIT FR❑M NEW BRIDGE & CR❑SS U) ALFRED A, CUNNINGHAM DRAW -- — z U BRIDGE ONTO EAST FRONT STREET. ZQ SITE IS ON RIGHT BEGINNING AT P❑LL❑CK STREET. Kr 4k RAMADA INN NC HWY. 55 1004 1171 113 0 _ b 1917 � 1953 US HWY, 70 EAST TO HAVELOCK & M❑REHEAD CITY f 1194 l FRONT STREET DEVELOPERS, LL �— LOCATION MAP & WRITTEN DIRECTIONS TO THE OLD HOLIDAY INN SITE `= TOWNSHIP NO. 8 CITY OF NEW BERN CRAVEN COUNTY DAY[- MARCH 31. 2000 ROBERT M. CHILES, P.E. XG Nld; 99093 - ENsIINIeERs ewe 0ONSIATANTS SCALE: NONE NEW BERN. 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"� ��,"'L r 5 r ll t 1. r am_ (_ M 11V JjI;N1 :N1!ll.f 1152 Nauticnf Miles Y:+rrls _ loon o 1000 20no JOOn 5noo d m CITY OF NEW BERN i /�/' �swom cum m LA CONCRETE BWtMGL \ . Mka+ac LIVE \ \ Ile La SURFACE 4 /., cn / a .: \ \ / \ /cy4 J: J \ \ SURFACE 5 \ \ //��// W //, r/l/ \ \ \ \ UJI WJ ,Jr.fir! Z / J / l / / J / l / / / I J / / / / / l / . . / . U \ \ \ \ Z . :.:.SURFACE......:::// (Y SURFACE 4 1 \ \ \ l//// \ aSU�/l: ;PHA 1 QURFA.NJ::I \ \ \ \� :\ \,.\\\\ '. Ili SURFACE\ ERVAC rAn SURFACE J,,,,, ' POLLOCK STREET LEGEND SURFACE 1: CONCRETE AND ASPHALT SURFACE 2: ASPHALT SURFACE 3: COMPACTED GRAVEL SURFACE 4. GRASS AND DIRT SURFACE 5: WATER PROPERTY AREA -- LAND: 148,922t SF (3.418 AC) WATER: 81,709± SF (1.876 AC) PHASE 1: 50300± SF (1.150 AC) EXISTING IMPERVIOUS SURFACE 1: 9,000t SF (0.206 AC) SURFACE 2: 56,607t SF (1,300 AC) SURFACE 3: 12,503± SF (0.287 AC) EXISTING PERMUS __- SURFACE 4: 70,812± SF (1,625 AC) SHEET 1 OF 6 RONT STREET DEVELOPERS, EXISTING CONDITIONS AT OLD HOLIDAY INN SITE TOWNSHIP NO. 8 CITY OF NEW BERN CRAVEN COUNTY "W- MARCH .31, 2000 ROBERT M. CHILES, P.E. AS I'Q 99093 EWERS AM CONSMTANTS SCAM- 1' - ia0' NEW BERM. NMIH CAMXM ' * THESE DISTANCES DIFFER FROm DEED DESCRIPTION o TO CORRECT CLOSURE ERROR. 6ra7 pl n � s s` RTY OF ww $RN 2,47.. I GF CGNCPETE auvw[AD HIGH n. tER LP1E • Sli5.01' T T E 4, D') 223,31 )S' twA tME'� { � _........._._....._.. ON 70P ILEYRiION =� ................. .._................ PRPPO%D..,SAND Fri TER: DESIGNM ;-JN.ACCOiOANCt MATH NCOIL-NR DOCUMENT -SIORmWATER BEST MANAGEMENT PRACTICES* �„_ OAIED„ HpY:MBER,1945 t D: f • � e.`..........__............_....,._._....... r • _.._............-' ...... .... I 3} ' 3 LlU g ELEVATION ON TOP 'OF 8mHEA0 46' t BDUlYfARY - a TOG EIEY AJ,S' +NY. ELEY. 2.48, r TOG ELEV. 5.53- PROPOSED PARKING .. ., Z�v ...._'Zt: _. —_4 -"- POLLOCK STREET 60' R/W INY. F1Ev 27]' ROOF DRAWS 15'a RCP _-..._.._.__._..._.---- -------- (AS , w"o) :LE ..2.45.1 �'� Imo--_.--_,=«r .�.-.T.--- �2 EARTHENJETTY T �T PROPOSED BUILDINGS . �� j ROCf DRMIS� � N BO'SB 21 • W N NELGED)- 761.23' i S pS9xw w 25.34' 11 10.U' 7V CJWA UDK LEGEND EIP - EXfST;NG IRON PIPE IPS - IRON PIPE SET OCM - CONCRETE MONUMENT - POWER OR UTILITY POLE Q - SANITARY SEWER MANHOLE OH - OVERHEAD WIRES CS - DOT STANDARD 840.02 CONCRETE CATCH BASIN NOTES: TY THERE ARE NO JURISDICTIONAL 404 WETLANDS OR COASTAL WETLANDS LOCATED ON THIS SITE. i THE 75' AREA OF ENVIRONMENTAL CONCERN CONTAINS APPROXIMATELY 44,663 SQUARE FEET. $ (CURRENTLY 20461 t 5F, ;IWER.UIOUS• 24202# SF PERVIOUS) SHEEN' 2 OF 6 FRONT STREET DEVELOPERS, LL PHASE 1 DEVELOPMENT PLAN .. FOR OLD HOLIDAY INN SITE ;r TOWNSHIP NO. 8 CITY OF NEW BERN CRAVEN COUNTY DATE: MARCH Mw 20M ROBERT M. CHILES P.E_ •) !' • • : S i :1', Joe Not 99093 ENCIINEER5 AND COPMXTANrS sc,ME: r top' NEW SM NORTH CAROLINA ELEVATION ON TOP OF BULKHEAD 4.8' ROOF DRAINS (AS NEEDED) . W—���e147.12' 'EARTHEN J'ETTY BLDG BUILDING i ROOF DRAINS 80'58 21' W (AS NEEDED) S 75*06'23" �w 83'21'12' 161.23' S 08*13'58" W 25.34' J I..L.I W z w F-- O z _J ry W BUILDING 1: 4,135± SF, FINISHED FLOOR AT ELEV. 10.5' MSL. CONTAINING A 100 SEAT RESTAURANT AND A 34 SEAT BAR. BUILDING 2: 1008± SF, FINISHED FLOOR AT ELEV. 10.5' MSL. CONTAINING DOCK SERVICES, RETAIL SALES, ETC, n g .1E�flfi�!!il!/�, m `:'t -;'n � SHEET 3 OF 6 �' - l' •'_� FRONT STREET DEVELOPERS, LL _ BUILDING PLACEMENT PLAN FCR OLD HOLIDAY INN SITE TOWNSHIP NO. 8 CITY OF NEW BERN CRAVEN COUNTY 10 29 RCH 093 310 2000 JOB rrOc 99ROBERT M. CHILES, RE.- JOB DKVXERS AMD CpN9,RTANTS SCALE: 1, , 50. NEW BERM. NORTH CAROIWA FACE OF CONCIRETE BULKHEAD _mmm AND HIGH 'NATER LINE 0 ... .... .. . .;—ELEVATION ON TOP < OF BULKHEAD 5.0' ......... . . .. ....... ..... ............ ....... --- --------- ---- - 80 ........ ....... .... .. .............. .... .... ........... . . ........ . . ........ =40 r-A 0 =4 . . ....... .. ........ ... . . ...... . . . . ..... ..... .. ... ... ........ . c:: .. .......... .. . . . ...... ......... . ............ to Oz ---------- ------------- ........ ..... Lj =00 0 . ....... ... ... lz 04 Lo ............ ................. .............. - - ------- o ............. ... .. ........ .. ........ LLJ V) Z) LLJ z ... . . . ... . .. .......... - ............ . .. . ... .. . TEMPORARY MOORING FOR VESSELS OF UP TO 120' IN LENGTH, A FUEL DOCK CAPABLE OF SERVICING 120' VESSELS, —ELEVATION ON TOP AND DOCKAGE FOR CLIENTELE IS .. . . ...... . PROPOSED. rj - - - - - - - - - - - - - EARTHENIf JETTY BLDG BUILDING 1 2 r--------- C SHEET 4 OF 6 FRONT STREET DEVELOPERS, LLCI DOCK AND MOORING PLAN FOR OLD HOLIDAY INN SITE TOWNSHIP NO. 8 CJTY OF NEW BERN CRAVEN COUNTY OAR: MARCH Jam. JM fta.19OS3 ROGERT M. ' CHILES, P.E. ENC.mCERS AND COPtSuLTANTS SCAU: I - 50' NEW 8ERN. NORTH CAR"A DOCK FINGER PIER APPROXIMATELY 6' X 40' 5 PIERS PROPOSED PLAN VIEW I' IJISL APPROXIMATE WATERLEVEL 7 RIPER BOTTOM VARIES -3 TO -7 MSL ---- - EXISTING BULKHEAD PROFILE VIEW SHEET 5 OF 6 FRONT STREET DEVELOPERS, LLC FINGER PIER PLAN AND PROFILE VIEWS FOR OLD HOLIDAY INN SITE TOWNSHIP NO. $ CITY OF NEW BERN CRAVEN COUNTY DAIT: LARCH 31. 2000 ROBERT M. CHILES, P.E. J09 N0 99093 EWERS AND CONSULTANTS SCALE: 1' m 20 NEII BERN. NORTH CAROLINA LINE OF'DIVISiON OF RIPARIAN ACCESS AS DEFINED BY NCDENR` STANDARD T15A: 07H.02015(b)(6)(L)r• y FA =NDRE IEP c!_ 'AD t •� ... . i AND 4rN WATER /LIH �.............___.....,�._..._. t5' SE18A. t ELivADW p1 roP®,, , . ! Or SU JwEA0 sD' n �• } r Ili .. ....................: ' ....... LL.J, O Z MA O R00F UIS`'__ (AS IUDED) [AanrtN;�m.,__ HLDG. BUILDING 1 2OR = r, (AS AEDEDI ppp Nk i., r fiiV LINE OF DIVISION OF RIPARIAN ACCESS AS DEFINED `'r�lr�ui tyy BY NCDENR STANDARD T15A: 07H.0208(b)(6)(L) . • ' . w >n 0 m SHEET 6 OF 6 FRONT STREET DEVELOPERS, LL CHANNEL DEFINED BY HYDROGRAPH AND CHANNEL LOCATION STRUCTURES LOCATED DURING HYDROLOGIC SURVEY, FOR OLD HOLIDAY INN SITE TOWNSHIP NO. 8 CITY OF NEW BERN CRAVEN COUNTY DATE; MARCH 35. 2000 ROBERT M_ CHILES, P.E. JO NO; 99093 ENCIINEERS AMID CQN$ILXTANTS SCALE: - 100' MEIN BERK NORTH CAROLINA APPENDIX ITEM II NARRATIVE DESCRIPTION FRONT STREET DEVELOPERS, LLC, OLD HOLIDAY INN SITE DEVELOPMENT PROJECT, PHASE 1. This project site is located in Craven County within the commercial waterfront district of the City of New Bern, North Carolina, and spans the 300 block of East Front Street. The site formerly contained the New Bern Holiday Inn and an automobile service station. The motel, which featured a landward facing restaurant, was razed over a period of years with the final section being removed in 1998. The service station ceased operations in 1998 and except for gas pump removal is still intact. The service station building and associated grounds are currently an active commercial rental property. Existing ground cover on the site is a mix of asphalt and concrete pavements, compacted gravel, grass and dirt. The waterfront is bulkheaded along its entire length, but is not being used for any wrater dependant activities. In its present condition the site is a barren eyesore, offers no legitimate public use, and constitutes a waste of otherwise valuable waterfront property. Front Street Developers, LLC intends to redevelop this site into an active, publicly accessible, land/water interface consistent with precedented water's edge construction typical of New Bern's past. The proposed development was presented to the Mr. Michael W. Avery, Director of Planning and Inspections for the City of New Bern, who described the plan as being "consistent with the community's historical character." Nfr. Avery's letter is included by reference and a copy followrs this narrative. During the first phase of redevelopment, construction of a restaurant, a small retail shop, temporary mooring slips, a parking lot, and a stormwater management system are proposed. The restaurant will be constructed on an existing 64' wide jem- which extends approximately 130' into the Neuse River. Providing full table service for 100 guests, the restaurant will offer scenic views of the river through windows along the north, east and south walls of the dinina room. Weather permitting, outdoor seating will be made available to restaurant guests. A public bar will be situated directly above the restaurant which offers seating for 34 and equally impressive views of the waterfront. A small retail space of approximately 1,000 square feet will be constructed adjacent to and landward of the restaurant. This building is proposed to contain the purchase point for dock related services in addition to souvenir type gifts, bait, tackle, etc. Proposed dock services include fuel, water and holding tank pump -out. The boat docks proposed for the site will span the nearly 650 feet of bullheaded waterfront. Dedicated docka4,e for nine vessels of lengths up to 120 feet, a fuel dock, and temporary dockage for restaurant clientele will be provided. A parking lot for the restaurant will be constructed in an upland section of the site where the last remaining section of motel recently stood. Access to the parking lot will be via the 100 block of Pollock Street. FRONT STREET DEVELOPERS. L.LC RMC 9909: CAMA APPENDIX ITEM 11 (CONTINUED) The stormwater management system will include a sand filter which meets design requirements published by the North Carolina Department of Environment and Natural Resources. Although the first phase project only involves 1.15 acres, the filter has been sized for the entire 3.42 acre site. Construction of the features proposed for phase one will begin with installation of erosion and sedimentation control devices. Excavation for the sand filter, drainage structures and pipe runs will follow, with construction of these features proceeding more or less concurrently. General site grading will be followed by construction of the buildings and parking lot. Dock construction and mooring pile placement will be coordinated with land based construction. Following completion of construction, the disturbed areas within the phase I boundary will be landscaped.. All work will be performed so as to comply with applicable local, state and federal regulations. Daily operations of the proposed facilities will include those associated with a restaurant which serves mid -day and evening meals, a bar, dock services and walk-in business associated with the retail shop. FRONT 5TRI T DEVI—LOPFsRS, LLC RMC 9909:CAMA APPENDIX ITEIVI VII ARCHITECTURAL RENDERINGS OF PROPOSED RESTAURANT PREPARED BY MAUNE BELANGIA FAULKENBERRY ARCHITECTS, PA NEW BERN, NORTH CAROLINA DATED FEBRUARY 15, 2000. � k cr •: } it i1 DCi f: FRONT STRNET DEVELOPERS. LLC RMC 99093C:AMA F Q . 1.� n i MAJOR PEFUMIT FEE MATRIX Selection Deve;opr..ient Type Fee D C M % C)WLi 013 (14300 1601 435100093 1625 6253) (24340 1602 435100095 2341) I, Private, non-commercial development that does nct $250 100% (S250) 0% ($0) involve the fiiiing or excavation of any wetlands or open water areas: 11. Public or commercial development that does not $400 100% ($400) 0% (SO) involve the filling or excavation of any wetlands or open water areas: . I11. Far, development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A. -B,"C, or D below applies: Ill(A), For Private non-. El commercial development, if $256' 100% ($250) 0% ($0) General Water Quality Certification No. 3301 (see attached) can be a lied: II1(B). For public or commercial development, if' '$400 100% ($400) 0% ($0) General Water Quality Certification No. 3301 (see attached) can be applied. III(C). If General Water " Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: Ill(D). If General Water Quality Certification No. $400 60% (S240) 40% ($160) 3301 (see attached) cannot be applied._ IV. For For development that involves the filling and/oriy S475 60% ($285) 40% (S 190) excavation of more than/ one acre of wetlands a dlor o en water areas: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Front Street Developers, LLC 2. LOCATION OF PROJECT SITE: Adjacent of the Neuse River along the 300 block of East Front Street in downtown New Bern, Craven County Photo Index - 2006: 212-6242 grid (F-8/9) 2000: 72-842 grid (0-17)(P-17/18) 1995: 72-804 grid (P-4/5)(Q-4) State Plane Coordinates - X: 499819.267 Y: 2587752.044 Rover## L010811B LAT 35006'26.49121 LON 77002'04.63609 3. INVESTIGATION TYPE: CAMA/D & F 4, INVESTIGATIVE PROCEDURE: Dates of Site Visit — 1/8/08 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received — CC 12/3/07 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — City Of New Bern Land Classification From LUP — Developed/Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water, Estuarine Shoreline (C) Water Dependent: Yes (D) Intended Use: Commercial (E) ' Wastewater Treatment: Existing — City Sewer (F) Type of Structures: Existing — Dock Office, Restaurant Planned - 21 permanent boatslips/8 transient boatslips (G) Estimated Annual Rate of Erosion: NIA Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Highground Disturbance NIA NIA 252 ft2 (B) Open Water 19,905 ft2 N/A 24,075 ft2 Incorp. 9469 ft2 shaded (D) Total Area Disturbed: 53,701 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC -NSW Open: No 8. PROJECT SUND4ARY: The applicant is proposing to construct a 29-slip marina with excavation. Front Street Developers, LLC Page 02 9. Narrative Description: This project has been reviewed by the State Clearing House and a Finding of No Significant Impact has been received. The East Front Street Marina project is located along the 300 block of East Front Street in downtown New Bern, Craven County. The project site is found by traveling on Hwy. 70 West toward the City of New Bern, taking the downtown New Bern exit off Hwy. 70 west, crossing the drawbridge into the downtown area, and the subject property is 1/a miles on the right hand side of the road before you get to the traffic circle. Alternative directions are necessary due to a closure of the drawbridge going into downtown New Bern. The site can also be reached by traveling on Hwy. 70 West towards the City of New Bern, exit at the Pembroke ramp, turn right at the top of the ramp, and turn right at the "T" intersection. At the traffic circle, take the first right and the property is immediately on the left hand side of East Front Street in downtown New Bern. The subject property is one lot totaling 3.21 acres and averages 5 1/2' in elevation above NWL. Currently on the high ground portion of the site is a restaurant and dock office. There is an associated floating platform and fueling facilities. Vegetation on the tract consists of cedar trees and lawn grass. The waterbody is approximately 4500' at this location and the subject parcel has 345' of shoreline. The property presently has a concrete bulkhead and the upstream parcel is stabilized with a concrete bulkhead as well. The property on the downstream side of the project site has no shoreline stabilization. Substrate composition at the project site is silty sand. Neither adjacent property has a pier, although a pier is present approximately 400' downstream from the project site. Water depths at the location of the proposed marina range from 5 1/Y near the bulkhead to 10' at the most waterward point of the proposed docking facility. An archaeological assessment has been conducted and no archaeological resources have been found at the project site. There are no coastal wetlands on the subject property. The Division of Water Quality classifies this area as SC -NSW waters. This area is not a Primary Nursery Area. This portion of the Neuse River is closed to the taking of shellfish and no visible shellfish were observed. The City of New Bern Land Use Plan dated classifies this area as Developedand Conservation within the AEC's. The proposed project involves the construction of a 29-slip marina with excavation. The proposed project involves dredging of the open water to a connecting depth of —8' NWL. 10. Proiect Description: The applicant is proposing to construct a marina with 21 permanent slips and 8 transient slips with a wave attenuator on the North and East side of the proposed slips. The wave attenuator to the North will measure 12' X 207' and be accessed from a 4' X 20' gangway. There are (2) transient slips proposed on the North side of the wave attenuator. There will be (4) finger piers accessed from the wave attenuator to the North. Three of the finger piers will measure 55' X 6' and (1) finger pier will measure 75' X 6' . The wave attenuator to the East will Front Street Developers, LLC Page 03 measure 12' X 264' and will have (6) transient slips. Additionally. a pier measuring 10' X 122' with a 105' X 8' "T"-Head accessed by a 5' X 20' gangway is proposed. The landward portion of the pier widens to 15' for a distance of 23 feet. There are 6 finger piers proposed, all measuring 4.5' X 45'. The entire docking facility is proposed as a floating structure. The proposed docking facility will extend 223' into the Neuse River, which is the Army Corps of Engineers Harbor Line. Although the location of the docking facility is proposed in the setback, correspondence determined that this is allowable and an email referencing this decision is attached. A pumpout facility is proposed on the wave'attenuator to the North. The wave attenuator to the North will be placed on the riparian line and a waiver is attached. The applicant is proposing to excavate 19,905 square feet of sandy silt bottom to a connecting depth of —8' NWL. The will remove 2,446 cubic yards of silty sand material. This area has not been previously excavated and will be excavated using the bucket to barge method. No SAVs were present at the site visit and aerial photography did not show SAVs present. There was no shellfish resourced observed in the area. The spoils from the proposed excavation will be placed on -site as referenced in the Environmental Assessment. On the highground portion of the site, there are (3) 6' X 14' wooden slatted walkways proposed. The walkways will connect the existing storm water system to the proposed gangways. 11. Anticipated Impacts: The dredging of the open water area will disturb 19,905 ft2 and remove 2,446 cubic yards of sandy silt material. There will be an increase in turbidity during the excavation. The proposed docks and wave attenuators will shade 9469 ft' of open water and incorporate 24,075 ft2 of public trust waters. There will be a minor increase in turbidity during the installation of the pilings. The 6' X 14' walkways will disturb 252 ft2 of highground. Jonathan Howell Morehead City January 10, 2008 T-GT. �.•.• OP M1F� TOP Q PLOO TOP Or Y4 ny- ' I SOUTH ELEVATION Al VW -I'V lk TOP Or ngxj--T TOP CP fLAlJC /YAY 2 -- 0" 4-u. 4 0 SUILDIN6 SECTION. nz V*' • l�-c �i a 0 n h These drawings are instruments of service and as such remain the property of the o architect. Reproduction cr reuse without written consent of the Architect is prohibited. copyright © 2000 Moune Belongia Faulkenberry Architects PA Z TAHLJM� SEFAM tlr~rAr. 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