20200145 Ver 1_PCN Form Submission_20200124

DWR
mrlslon of Water Resources
Pre -Construction Notification (PCN) Form
September 29, 2018 Ver 3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
G Yes r No
Change only if needed.
BIMS # Assigned
20200145
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office *
Washington Regional Office - [phone]
Information for Initial Review
1a. Name of project:
703 Carolina Avenue Housing
1a. Who is the Primary Contact?*
Patrick Korn
1b. Primary Contact Email:*
[e-mail]
Date Submitted
1 /24/2020
Nearest Body of Water
Lawson Creek
Basin
Neuse
Water Classification
SC, SW, NSW
Site Coordinates
Latitude:
35.095115
A. Processing Information
County (or Counties) where the project is located:
Craven
Is this project a public transportation project?*
r Yes r No
Longitude:
-77.080659
1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?
* Nationwide Permit (NWP)
* Regional General Permit (RGP)
7 Standard (IP)
Version#*
1
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Robert Tankard:eads\rbtankard
1c. Primary Contact Phone:*
[phone]
V

1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual Permit
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
r 401 Water Quality Certification - Express
r Riparian Buffer Authorization
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
City of New Bern
2b. Deed book and page no.:
2c. Responsible party:
City of New Bern
2d.Address
Street Address
PO Box1129
Address Line 2
City
New Bern
Fbstal / Zip Code
25563
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
State / Rovinoe / Rion
NC
Country
Craven
2f. Fax Number:
r Yes r No
r Yes r No
3. Applicant Information (if different from owner)

3a. Name:
Jimmy Royster
3b. Business Name:
Mosaic Development Group
3c.Address
Street Address
4600 Park Road
Address tine 2
Suite 390
City
Charlotte
Fbstal / Zip Code
28209
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Patrick Korn
4b. Business Name:
Terracon
4c.Address
Street Address
2701 Westport road
Address tine 2
City
Charlotte
Postal / Zip (,,de
28208
4d. Telephone Number:
[phone]
4f. Email Address:*
Patrick. [e-mail]
Agent Authorization Letter*
71197089.Signed Agreement for Services.pdf
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
New Bern
P ject Identification
2a. Property Identification Number:
8-044 -011
2c. Project Address
Street Address
703 Carolina Avenue
Address Line 2
CXY
New Bern
Fbstal / Zip Code
28563
3. Surface Waters
State / Province / R agion
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
Mecklenburg
4e. Fax Number:
2b. Property size:
30.8
State / Province / Region
NC
Country
Craven
298.05KB
3a. Name of the nearest body of water to proposed project:*

Lawson Creek
3b. Water Resources Classification of nearest receiving water:*
SC, SW, NSW
3c. What river basin(s) is your project located in?*
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202040305
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The proposed project site consists of 8.3 acres of an approximate 30.80-acre parcel [Craven County GIS Parcel No. 8-044-0111. The proposed project site is currently vacant of
structures or occupants and is covered in overgrown and dense vegetation. Lands situated to the east and south of the proposed project are identified as Freshwater Forested/Shrub
Wetland (PFO1C) by the NWI Mapper. Lands to the north and west of the proposed project location are constrained by existing residential and commercial properties.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Topo_703 Carolina Ave Housing_20190327.pdf 1.33MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
NRCS Web Soil Survey_703 Carolina Ave Housing_20190327.pdf 887.98KB
4f. List the total estimated acreage of all existing wetlands on the property:
1.16
4g. List the total estimated linear feet of all existing streams on the property:
607
4h. Explain the purpose of the proposed project:*
The proposed project is located at 703 Carolina Avenue in New Bern, Craven County, North Carolina. The proposed project will provide necessary housing for low-income families.
There has been an increase in lack of affordable housing in the last few years due to recent natural disasters.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed project will be new construction consisting of 84 affordable multifamily apartments serving families with incomes at or below60 % of the local area median income. The
property would consist of 18 one bedroom units, 48 two bedroom units, and 18 three bedroom units. The seven apartment buildings will each be three stories tall. Each apartment to be
furnished with a range, range hood, dishwasher, refrigerator, HVAC, ceiling fans and walk-in closets. A community building to be constructed as part of the development will include a
manager's office and amenity areas including a covered multi -purpose community room, library, computer center, exercise room, covered patio, picnic shelter and playground.
Equipment to be used are those that are commonly used for residential construction, involving, earth moving equipment such as graders, compactors, and excavators. Additional
equipment used could be; earth and equipment hauling vehicles, generators to power construction equipment, and concrete miAng and hauling equipment.
4j. Please upload project drawings for the proposed project.
IMPACTS EXHIBIT -SITE PLAN.pdf 871.78KB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No O Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2019-01520
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Timothy P O'Halloran
Agency/Consultant Company: Terracon
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made bythe Corps or DWR
08/20/2019
5d1. Jurisdictional determination upload
SAW-2019-01520.pdf
6. Future Project Plans
1.41 MB
6a. Is this a phased project?*

r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
W Wetlands r Streams -tributaries F Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact
Jurisdicition*(?) area—]
WA Parking lot P ffmland
Hardwood Forest
A
Yes
Corps
0.030
(acres)
WB
Parking and Access
Road
P
ffornland Hardwood Forest
B
Yes
Corps
0.060
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.090
2h. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.090
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
• Modifications to the proposed project to minimize impacts to on -site wetlands involved re -location of the main access road, resident parking, a
playground, and the community club -house. This site redesign serves the same purposes while minimizing impacts to on -site wetlands and still
accomplishing the necessary housing goals. Additionally, this alternative serves the same objective as the original proposal. The applicant's design
has minimized impacts to wetlands present on the site, reducing impacts to less than 0.1 acre. The level of impact is considered to be de minimis and
no compensatory mitigation is required.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Actions to avoid impacts to on -site wetlands would include the installation of sediment and erosion structures such as; silt fencing, inlet filters to trap
sediments, sowing of either annual rye or brown top millet for erosion control on bare surfaces, hanging flags and placing barriers around wetlands to
yarn on -site workers to maintain distances during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The applicant's design has minimized impacts to wetlands present on the site, reducing impacts to less than 0.1 acre. The level of impact is considered to be de minimis and no
compensatory mitigation is required.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) U
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
What type of SCM are you providing?
r Level Spreader
I7 Vegetated Conveyance (lower SHWT)
r Wetland Swale (higher SHWT)
r Other SCM that removes minimum 30 % nitrogen
r Proposed project will not create concentrated storrrrvvater flow through the buffer
Diffuse Flow Documentation

IMPACTS EXHIBIT -IMPACT AREA-C.pdf
IMPACTS EXHIBIT -IMPACT AREA-D.pdf
IMPACTS EXHIBIT -SITE PLAN.pdf
IMPACTS EXHIBIT -Wet Impact Sections.pdf
IMPACTS EXHIBIT -Buffer Sections.pdf
IMPACTS EXHIBIT -IMPACT AREA A.pdf
IMPACTS EXHIBIT -IMPACT ARIA-B.pdf
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
163.49KB
155.78KB
871.78KB
119.57KB
125.22KB
187.86KB
220.05KB
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPAISEPA)?*
r Yes r No
1c. If you answered "yes" to the above, has the document review been finalized bythe State Clearing House?*
r Yes r No
Comments:
At the time of submission for this PCN, the Environmental Assessment is still under review.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
This proposed project is an independent and separate action to any development that may occur in the vicinity of the proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes
r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
r Yes r No
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
C Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No

5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
r Yes r No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The North Carolina Natural Heritage Program (NCNHP) contacted Terracon via letter on September 11, 2019 indicating that there are no records for
rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary.
Consultation Documentation Upload
USFWS project_ report_71197089_20994_20994.pdf 986.2KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
Terracon utilized the NOAA Habitat Conservation National Marine Fisheries Service on line mapper. No essential fish habitat was identified.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The North Carolina Department of Natural and Cultural Resources State Historic Preservation Office (SHPO) contacted Terracon via letter on October
10, 2019, indicating that SHPO conducted a review of the proposed project area and indicated that no historic resources would be affected by the
proposed project.
7c. Historic or Prehistoric Information Upload
SHPO Letter. pdf 95.08KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
The proposed project is located in Zone X (Area of Minimal Flood Hazard) effective July 2, 2004, as indicated on the Flood Insurance Rate Map (FIRM)
no. 3720547900J.
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
Signature u
W By checking the box and signing below, I certify that:
I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
. I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Patrick Korn
Signature
�atiCics� ClCc�
Date
1 /24/2020

Irerrac
Reference Number: P71197089
AGREEMENT FOR SERVICES
This AGREEMENT is between Mosaic Development Group, Inc. ("Client") and Terracon Consultants, Inc. ("Consultant') for Services to be provided by
Consultant for Client on the Carolina Ave Housing project ("Project"), as described in Consultant's Proposal dated 02/07/2019 ("Proposal"), Including but not
limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is incorporated
into this Agreement).
1. Scope of Services, The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section
("Services"), unless Services are otherwise described in Exhibit B to this Agreement (which section or exhibit is incorporated into this Agreement).
Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations In
Consultant's reports address thepresence or prevention of biological pollutants (e.g., mold, fungi, bacteria, viruses, or their byproducts) or occupant
safety issues, such as vulnerability to natural disasters, terrorism, or violence. If Services Include purchase of software, Client will execute a separate
software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and W Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement.
Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties. In the event Client
uses a purchase order or other form to administer this Agreement, the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken. This Agreement shall not be assigned by either party without prior written consent of the other party. Either
party may terminate this Agreement or the Services upon written notice to the other. in such case, Consultant shall be paid costs incurred and fees
f earned to the date of termination plus reasonable costs of closing the Project.
S. Change Orders. Client may request changes to the scope of Services by altering or adding to the Services to be performed. if Client so requests,
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes, or permits Consultant to perform changed or additional work, the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or Its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal, Consultant is entitled to a change order equitably adjusting its Services and fee.
4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Proposal, including
but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement (which section or Exhibit is incorporated
into this Agreement). If not stated in either, fees will be according to Consultant's current fee schedule. Fee schedules are valid for the calendar year in
which they are issued. Fees do not include sales tax. Client will pay applicable sales tax as required by law. Consultant may Invoice Client at least
monthly and payment is due upon receipt of Invoice. Client shall notity Consultant in writing, at the address below, within 15 days of the date of the
invoice if Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion. Client shall pay a finance fee of
1.5% per month, but not exceeding the maximum rate allowed by law, for all unpaid amounts 30 days or older. Client agrees to pay all collection -related
costs that Consultant incurs, including attorney fees. Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to
determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. If it is later determined
that prevailing wages apply, and Consultant was not previously notified by Client, Client agrees to pay the prevailing wage from that point forward, as
well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and
hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages, including the payment of any fines or penalties.
5. Third Party Reliance. This Agreement and the Services provided are for Consultant and Clienfs sole benefit and exclusive use with no third party
beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties other than those who
have executed Consultant's reliance agreement, subject to the prior approval of Consultant and talent.
6. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF CONSULTANT (AND ITS
RELATED CORPORATIONS AND EMPLOYEES) TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES) ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S), OR THE THEORY OF LIABILITY, INCLUDING NEGLIGENCE, INDEMNITY, OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANTS COMMERCIAL GENERAL LIABILITY POLICY.
7. Indemnity/Statute of Limitations. Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be
caused by their negligent acts, errors, or omissions. In the event such claims, losses, damages, or expenses are legally determined to be caused by the
Y joint or concurrent negligence of Consultant and Client, they shall be bome by each party in proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party, and no duty to defend is hereby created by this indemnity provision and such duty
Is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s) or the theory
of liability, including negligence, indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultants substantial completion of Services on the project.
8. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANTS SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
19. Insurance. Consultant represents that it now carries, and will continue to carry: (i) workers' compensation insurance in accordance with the laws of
the states having jurisdiction over Consultant's employees who are engaged in the Services, and employers liability insurance ($1,000,000); (ii)
Page 1 of 2 Rev. 4-18

1rerraca
Reference Number: P7119708!
commercial general liability insurance ($1,000,000 occ / $2,000,000 agg); (III) automobile liability Insurance ($1,000,000 B.I. and P.D. combined singh
limit); and (iv) professional liability insurance ($1,000,000 claim / agg). Certificates of insurance will be provided upon request. Client and Consultan
shall waive subrogation against the other party on all general liability and property coverage.
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY; LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOF
ANY SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered, independent, and reputable engineer, architect, or geologist that Consultant has violated
the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days, after which Client may pursue its remedies at law. This Agreement shall be governed by and construed
according to Kansas law.
12. Subsurface Explorations. Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings, test pits, or other
exploratory services. Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client
accepts that invasive services such as drilling or sampling may damage or alter the site. Site restoration is not provided unless specifically included in
the Services.
13. Testing and Observations. Client understands that testing and observation are discrete sampling procedures, and that such procedures indicate
conditions only at the depths, locations, and times the procedures were performed. Consultant will provide test results and opinions based on tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce - not eliminate - project risk. Client shall cause all tests and inspections of the site, materials, and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed in accordance with the plans, specifications, contract documents, and Consultant's
recommendations. No claims for loss or damage or injury shall be brought against Consultant by Client or any third party unless all tests and
inspections have been so performed and Consultant's recommendations have been followed. Unless otherwise stated in the Proposal, Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Client's intended
purpose. Client is responsible (even if delegated to contractor) for requesting services, and notifying and scheduling Consultant so Consultant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
Consultant's Services. Consultant shall not be responsible for the quality and completeness of Client's contractor's work or their adherence to the
Project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its
responsibility for defects discovered in its work, or create a warranty or guarantee. Consultant will not supervise or direct the work performed by Client's
contractor or its subcontractors and is not responsible for their means and methods. The extension of unit prices with quantities to establish a total
estimated cost does not guarantee a maximum cost to complete the Services. The quantities, when given, are estimates based on contract documents
and schedules made available at the time of the Proposal. Since schedule, performance, production, and charges are directed and/or controlled by
others, any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing
procedures (unless stated otherwise in the Services). Client shall fumish or cause to be fumished to Consultant all documents and information known
or available to Client that relate to the Identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated
materials ("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition. In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials. Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies. The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses, or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a
generator, disposer, or arranger of Affected Materials under federal, state, or local law or ordinance.
15. Ownership of Documents. Work product, such as reports, togs, data, notes, or calculations, prepared by Consultant shall remain Consultant's
property. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant. Files
shall be maintained in general accordance with Consultant's docu ment ret
ention polices and practices.
16- Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, including by a utility locate service, or are
incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and
complete the Services and will execute any necessary site access agreement. Consultant will be responsible for supervision and site safety measures
for its own employees, but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client, Client's
contractors, subcontractors, or other parties present at the site.
Consultant: Terracon Consultants, Inc
By: � Date: 2/7/2019
Name/Title: P trick R Kont J Natural/Cultural Resources
Group Manager
Address: 2701 Westport Rd
Client: _AJosaic evelopment Group, Inc.
Namefritle: aimn,y Roys er /
Address:
Charlotte, NC 28208-3608
Phone: [phone] Fax: (704) SOS-1888 Phone:
Email: [e-mail] _ Email:
Page 2 of 2
4600 Park Road, Suite 390
Charlotte, NC 28209
70y 7� 3 -/� Fax:
jroysteramosa icdevelopmentgroup.org
Rev. 4-1 S

Ap
Ln
GoA
GoA
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/AirbusDS, U SDA, USGS, AeroGRID, IGN, and the GIS User Community
PH. (704) 509- 1777 terracon.com
2701 Westport Road Charlotte, NC 28208
Ex hibit71197089
Mar 2019
TPO
JAR
Project No.:
Date:
Drawn By:
Reviewed By: N:\71 Environmental\ArcGIS\Projects\2019\71197089 GIS\MXD\NRCS Web Soil Survey_703 Carolina Ave Housing_20190327.mxd0 150 30075Feet
© OpenStreetMap (and)contributors, CC-BY-SA
Project Are a
Ap - Ara phoe fine sandy loam; 90% Hydric
GoA - Goldsboro loamy fine sand; 6% Hydric
Ln - L eon sand; 80% Hydric
³
NRCS Web Soil Surve y w ith H ydric Rating
703 Carolina Ave HousingNew Be rn, Craven Co unty, North Ca ro linaFor Mo saic Develop me nt and Ne w BernHousing Authority
³
A5
DATA SOURCES:ESRI WMS - World Aerial Imagery, OpenStreetMap
Copyright:© 2013 National Geographic Society, i-cubed
PH. (704) 509- 1777 terracon.com
2701 Westport Road Charlotte, NC 28208
Ex hibit71197089
Mar 2019
TPO
JAR
Project No.:
Date:
Drawn By:
Reviewed By: N:\71 Environmental\ArcGIS\Projects\2019\71197089 GIS\MXD\Topo_703 Carolina Ave Housing_20190327.mxd0 2,000 4,0001,000 Feet
© OpenStreetMap (and)contributors, CC-BY-SA
Project Are a
³
USGS Topographic Ma p
703 Carolina Ave HousingNew Be rn, Craven Co unty, North Ca ro linaFor Mo saic Develop me nt and Ne w BernHousing Authority
³
A2
DATA SOURCES:ESRI WMS - World Aerial Imagery, OpenStreetMap
VAN
VAN
ER
EIP - CONTROL CORNER
NC GRID NAD '83/2011
N 495554.3546
E 2574200.8988
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
SCALE:
0 50'25'100'
1"=50'
N
Project No.
Revised
Issued
N
131 1
2 South Wilmington St., Suite 200
Raleigh, North Carolina 27601
p+ 919 719 1800 f+ 919 719 1819
url+ www.colejeneststone.com
Shaping the Environment
Realizing the Possibilities
Land Planning
+
Landscape Architecture
+
Civil Engineering
+
Urban Design
ColeJenest
& Stone
MOSAIC
DEVELOPMENT
4600 PARK ROAD
SUITE 390
CHARLOTTE, NC 28209
703 CAROLINA
AVENUE
703 CAROLINA AVE
NEW BERN, NC 28562
50502
SITE PLAN
REVIEW
C200
SITE PLAN
VAN
VAN
ER
EIP - CONTROL CORNER
NC GRID NAD '83/2011
N 495554.3546
E 2574200.8988
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
CP
SCALE:
0 50'25'100'
1"=50'
N
Project No.
Revised
Issued
N
131 1
2 South Wilmington St., Suite 200
Raleigh, North Carolina 27601
p+ 919 719 1800 f+ 919 719 1819
url+ www.colejeneststone.com
Shaping the Environment
Realizing the Possibilities
Land Planning
+
Landscape Architecture
+
Civil Engineering
+
Urban Design
ColeJenest
& Stone
MOSAIC
DEVELOPMENT
4600 PARK ROAD
SUITE 390
CHARLOTTE, NC 28209
703 CAROLINA
AVENUE
703 CAROLINA AVE
NEW BERN, NC 28562
50502
SITE PLAN
REVIEW
C200
SITE PLAN
Alignment - Sect C-C
Alignment - Sect D-D
ColeJenest
& Stone
0'
TEMPORARY IMPACT
CITY OF NEW BERN
703 CAROLINA AVENUE
01-16-2020
THIS EXHIBIT IS SCHEMATIC IN NATURE AND IS SUBJECT TO VARIATION.
1"=30'
3015 60
SECTION C-C
SECTION D-D
Alignment - Sect A-A
Alignment - Sect B-B
ColeJenest
& Stone
0'
WETLAND IMPACT
CITY OF NEW BERN
703 CAROLINA AVENUE
01-16-2020
THIS EXHIBIT IS SCHEMATIC IN NATURE AND IS SUBJECT TO VARIATION.
1"=30'
3015 60
SECTION A-A
SECTION B-B
VAN
ColeJenest
& Stone
0'
WETLAND IMPACT AREA A
CITY OF NEW BERN
703 CAROLINA AVENUE
11-08-2019
THIS EXHIBIT IS SCHEMATIC IN NATURE AND IS SUBJECT TO VARIATION.
1"=30'
3015 60
N
30.00'ColeJenest
& Stone
0'
WETLAND IMPACT AREA B
CITY OF NEW BERN
703 CAROLINA AVENUE
11-08-2019
THIS EXHIBIT IS SCHEMATIC IN NATURE AND IS SUBJECT TO VARIATION.
1"=30'
3015 60
N
30.00'CP
CP
CP
ColeJenest
& Stone
0'
BUFFER IMPACT AREA C
CITY OF NEW BERN
703 CAROLINA AVENUE
11-08-2019
THIS EXHIBIT IS SCHEMATIC IN NATURE AND IS SUBJECT TO VARIATION.
1"=30'
3015 60
N
CP
CP
ColeJenest
& Stone
0'
BUFFER IMPACT AREA D
CITY OF NEW BERN
703 CAROLINA AVENUE
11-08-2019
THIS EXHIBIT IS SCHEMATIC IN NATURE AND IS SUBJECT TO VARIATION.
1"=30'
3015 60
N

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

October 10, 2019

JC Weaver
Terracon Consultants, Inc.
2701 Westport Road
Charlotte, NC 28208

Re: Develop Mosaic Development, 703 Carolina Avenue, New Bern, Craven County, ER 19-2779

Dear Mr. Weaver:
Thank you for your email of September 11, 2019, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.

The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or
[e-mail]. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,

Ramona Bartos, Deputy
State Historic Preservation Officer

■ ■■■ Roy Cooper. Governor
ME NC DEPARTMENT OF Susi Hamilton, Secretary
women NATURAL AND CULTURAL RESOURCES
0 son Walter Clark, director, Land and Water Stewardship
NCNHDE-10216
September 11, 2019
Katie Talavera
Environmental Services, Inc. (ESI)
4901 Trademark Drive
Raleigh, NC 27603
RE. 71197089, 71197089
Dear Katie Talavera:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund
easement, or Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butlerWncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 918.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
71197089
Project No. 71197089
September 11, 2019
NCNHDE-10216
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID cientific Name Common Name Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
an Date Rank A
Animal 18687 Waterbird Colony --- 2004 B 3-Medium --- --- GNR S3
Assemblage
Animal 6895 Waterbird Colony --- 1999 C 3-Medium --- --- GNR S3
Assemblage
Bird 904 Sternula antillarum Least Tern 2004-06-10 H 3-Medium --- Special G4 S3B
Concern
Butterfly 35198 Erynnis martialis Mottled Duskywing 1944-04-17 X 5-Very --- Significantly G3 S2
Low Ra re
Dragonfly or 38998 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2?
Damselfly Low Rare
Dragonfly or 33788 Triacanthagyna trifida Phantom Darner 2004-Pre H? 5-Very --- Significantly G5 Si?
Damselfly Low Rare
Mammal 5451 Trichechus manatus West Indian Manatee 1994-09-17 E 5-Very Threatened Threatened G2 SIN
Low
Reptile 7175 Deirochelys reticularia Eastern Chicken Turtle 1860s H 3-Medium --- Special G5T5 S2S3
reticularia Concern
Reptile 34687 Farancia Rainbow Snake 1950-Pre H 4-Low --- Significantly G4 S3
erytrogramma Rare
No Natural Areas are Documented Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Page 2 of 4

Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on September]], 2019; source: NCNHP, Q3 Jul 2019.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
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