NC 43 (3)

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 4, 2010
Dr. Greg Thorpe, PhD., Manager
Project Development and Environmental Analysis Branch
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject: Commitments made by the NCDOT and the City of New Bern to obtain a 401 Water Quality
Certification for R-4463 (NC 43 Connector or Bosch Boulevard)
Dear Dr. Thorpe:
Dee Freeman
Secretary
This letter is sent concerning collaborative commitments developed between the NCDOT and the City of
New Bern for STIP R-4463, known as the NC 43 Connector or Bosch Boulevard. As you know, the
NCDWQ has authority to issue a 401 Water Quality Certification (WQC) for projects having impacts to
wetlands or streams, provided that state water quality standards are not compromised (15A NCAC 02H
.0506(b]). Since this project was to be constructed on new location, and the Purpose and Need for the
project was economic development, the NCDWQ required the NCDOT to submit an Indirect and
Cumulative Impacts (ICI) report for the project. This effort was completed and submitted to the NCDWQ
in a report dated February 2006.
During the modeling effort associated with the ICI, the NCDOT developed the "Enhanced Build"
scenario. This scenario, as presented in the ICI report, would reduce overall inputs of TN, TP, and
sediment to surface waters that flow into the Neuse River from the City of New Bern's Extra Territorial
Jurisdiction (ETJ). This scenario had a significant positive effect on water quality over the non-enhanced
scenario and would be more consistent with the Neuse River (and tributaries) Total Maximum Daily Load
(TMDL) requirements. Therefore, the NCDWQ felt that by implementing the Enhanced Build scenario,
components, water quality would be sufficiently protected. The results of the ICI were accepted
contingent upon the City of New Bern agreeing to and permanently implementing the components of the
Enhanced Build scenario. Prior to issuing the 401 WQC for Section B of R-4463 a letter was requested
from the City of New Bem stating that the components of the Enhanced Build were understood and
would be implemented. A signed letter was received from the Director of the City's Planning and
Inspections Department dated August 17, 2007. The letter states, in part, that "the City remains
committed to using the `Build Enhanced Scenario in the ICI report"' and "we are currently using the
recommended ICI provisions for ICI impacts... in the review of proposed residential developments in the
Bosch Boulevard corridor."
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:r1h2o.enr.state.no.uslnmetlandsl
NorthCarolina
Naturally
An Equal Opportunity 1 APormalive Action Emoloyer
On July 20, 2010, the NCDOT requested an Informational Meeting with the Merger Team to discuss a
high-density mixed-use development to be built within the City's ETJ. Despite the City's letter, it became
evident during this meeting that the City of New Bern had not implemented some of the proposed
components of the Enhanced Build scenario. It is not clear to the NCDWQ if any of these commitments
have been instituted or followed. The results of the ICI indicate that if none of the Enhanced Build
measures were instituted that state water quality standards would most likely be violated, especially in
light of the TMDL.
Based on the belief that several components of the Enhanced Build have not been instituted and the City
of New Bern is allowing large scale development that will potentially have a negative effect on water
quality, the NCDWQ requests that the NCDOT do the following:
• Verify with the City of New Bern which components of the Enhanced Build scenario have
been instituted and are actively being followed
Rerun the model used to develop the initial ICI to include the following assumptions and
inputs:
o The proposed Weyerhaeuser mixed-use development
o Other planned or proposed developments of significant size
o Most recent land use and zoning plans
o Updated wetland delineations
o Components of the Enhanced Build scenario that have not been instituted or followed
• The NCDWQ would like the opportunity to discuss the inputs and assumptions used to
develop the model before the model is run
• The NCDWQ would like the opportunity to discuss the results of the new ICI results with
NCDOT staff before release of the final report
The NCDWQ looks forward to working with the NCDOT to resolve this important matter. The NCDWQ
will base actions for future 401 WQC and Neuse River Buffer Authorization requests within the City of
New Bern's ETJ, including Section A of STIP R-4463, on the results of the new ICI report.
Should you have any questions or require additional information, please contact Brian Wrenn at (919)
733-5715 or David Wainwright at [phone].
Sincerely,
n
&rian'
Transportation Permitting Unit
Attachments: Copy of letter from City of New Bern Planning and Inspections Department dated August 17, 2007
cc: Ellis Powell, NCDOT, Office of Chief Operating Officer
Ms. LeiLani Paugh, NCDOT, Natural Environment Unit
Mr. Steve Gurganus, NCDOT, Public Involvement and Community Studies
File Copy
ALDERMEN
JULIUS C. PARHAM, JR.
ROBERT G. RAYNOR, JR.
MACK L.'MAX"'FREEZE
JOSEPH E. MATTINGLY, JR.
BARBARA LEE
DANA E. OUTLAW
August 17, 2007
Mr. David Wainwright
Transportation Permitting Unit
NCDWQ
1650 Mail Service Center
Raleigh, NC 27699-1650
Titg of NEo ern
TOM BAYLISS, III
MAYOR
WALTER B. HARTMAN, JR.
CITY MANAGER
VICKIE H. JOHNSON
r7? ?It /? CITY CLERK
?:11ree Tenlnrie5 of Nlortl Cirolin[a 3iertltage MARY B. MURAGLIA -
FOUNDED 1710 DIRECTOR OF FINANCE
Phone: [phone] P.O. Box 1129
rtetu Bern, '11[28563-1129 -
RE: NC 43 Connector (Bosch Boulevard) project R-4463
Dear Mr. Wainwright:
This is in response to a request from LeiLani Paugh of NCDOT that I write you concerning the recommended
provisions for ICI impacts for the proposed Bosch Boulevard (R-4463) connector.
The City of New Bern and Craven County worked together in the summer of 2005 to address concerns about R- _
4463 raised by the NEPA-404 Merger Team, eventually completing a "land development plan" for the area that was
adopted by the County and City. As a part of this effort, the County also worked with the City on the extension of
the City's extraterritorial planningjurisdiction to encompass the entire Bosch Boulevard corridor.
The City remains committed to using the "Build-Enhance Scenario in the ICI Report" dated February 2006 (see also
the attached "New Bern's provisions for ICE impacts from R-4463 Bosch Boulevard") and-the City/County land
development plan as guides in determining appropriate zoning, overlay districts and site development standards for
the corridor area with particular attention to the protection of water quality and the environment. We are currently
using the recommended provisions for ICI impacts noted above in the review of proposed residential developments
along the Bosch Boulevard corridor. Hurts thus far have helped ensure additional buffers around wetlands and
drainage areas in addition to the preservation of a wildlife habitat corridor. The provisions of this document will
also have an impact on the current re-write of the City's subdivision ordinances.
We are encouraged by the unprecedented advances the City and County have been able to make in habitat and
environmental preservation due 10 the Merger'I cam's comments, and use of the adopted development plan in our
development review process. Please let me know if you have questions or need additional information.
Thank you again for your assistance.
Sincerel
Michael W. Avery, Director -?
Planning & Inspections Department
City of New Bern .
M W A/Id
,5tri6ing for Excellence

STATE Or NORTFI CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
New Bern's provisions for ICE impacts from R-4463 Bosch Boulevard
• New Bern has worked with Craven County to extend their Extra Territorial
Jurisdiction (ET J) to cover lands around which the proposed project is located. The
city has applied a zoning of A5-F zoning to much of these lands to provide protective
regulation in order to promote agricultural activities and limit more intense land uses.
They have also applied a lower intensity residential-clustering zoning classification
(R-I OA) to encourage open space and areas set as environmentally sensitive.
• Other lands surrounding the project that fall under New Bern's existing jurisdiction
are zoned primarily for residential cluster development under the City's R-IOA
zoning ordinance. The incentives for cluster development and open space in this
zoning classification include lot size and set back flexibility, accelerated approval
process, flexibility on infrastructure sizing, and possibly others.
Zoning Classification:
(1) The A-5 agriculture district is designed to secure the agricultural integrity of the
areas so classified and to allow for low-density sinRle-family development on five acre
minimum lots. The uses encouraged in this district are primarily agricultural or forestry
related. Residential developments of five units or more shall comply with the cluster
subdivision provision outlined in article X11 of this ordinance. For the A-5 agriculture
district, in promoting the general purposes of this ordinance, the specific intent of this
district is:
(a) To encourage the conservation of the area's existing agricultural and forestry
resources and to promote the further expansion of these land-related resources;
(b) To prohibit non-agricultural and non-forestry-related commercial and industrial use
of the land and to prohibit any other influx of user likely to render it undesirable for
farms and low-density development;
(c) To encourage the sensitive incorporation of low-density single-family or multifamily
development into an agricultural and forested area in an effort to maintain rural
character and conserve valuable lands; and
(d) To discourage any use which, because of its character or size, would create
requirements and cost for public services, such as police and fire protection water
supply and sewerage substantially in excess of such requirements and cost if the district
were developed solely for single-family purposes.
(2) The A-5F agriculture forestry district is designed to promote forestry operations, low-
density residential uses, recreational uses, and certain agricultural uses. Landfill, quarry,
livestock, and similar uses that may negatively impact nearby residential uses with
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PARKER LINCOLN aLOG.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS RALEIGH NC
NATURAL ENVIRONMENT UNIT WESSITE: KWW.DOH.D0T.STATE.NC.US
1596 MAIL SERVICE CENTER
RALEIGH NC 27699-1598
excessive noise, odor, or traffic are prohibited. It is specifically intended that the A-5F
agricultural/forestry district:
(a) Encourage the conservation of the areas existing agricultural and forestry resources
and promote low-density development;
(b) Prohibit non-agricultural and non- orestry related commercial and industrial use of
the land and prohibit any other influx of uses likely to render the area bearing such
zoning classification undesirable for forestry, non-livesiockfarms, and low-density
housing.
(3) R-I OA Residential Cluster development district includes single family, duplex and
multifamily activities. The density for single family is 3 units per acre, and multifamily
can be developed at 7 units per acre. In addition, this zoning classification encourages
and provides incentives for cluster development and set-asides for open space. These
incentives include accelerated approval processes, flexibility on infrastructure sizing, and
credits for open space/park dedication. It is anticipated that these provisions will greatly
encourage larger open spaces as part of the development pattern in this area.
• Craven County's Land Development Plan will serve as a guide for developing
appropriate zoning, overlay districts and site development guidelines supporting the
protection of water quality and the environment in the vicinity of the proposed
project.
• New Bern also follows and complies with the Neuse River Basin Nutrient Sensitive
Waters Management Strategy (Neuse Buffer Rules) 115A NCAC 2b .02331, as well as
for urban storm water management [15A NCAC 02b .0235]
• New Bern enforces a Stormwater Ordinance that requires the control of the
stormwater to predevelopment conditions for the 10 year, 24 hour storm. Stormwater
and impervious surfaces limitations are also regulated by state requirements for
coastal counties [15A NCAC 2H .1005(3)], which includes regulation of impervious
surfaces for low density development and infiltration systems for high-density
development.
• The City has also instituted the following provisions in the vicinity of the proposed
project:
- 100 foot buffers for jurisdictional wetlands
- 50 foot riparian buffer along large drainage areas in project vicinity
1000 foot wildlife habitat conservation area where most appropriate
Limited number of access points on new road