20070932 Ver 1_Information Letter_20100804

ALA
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
Dee Freeman
Secretary
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 Dc Thorpe:
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 'standa'r'ds are not compromised (15A NCAC 021-1
.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 Bem 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: httpJth2o.enrstatanc.usincwetlandsl
One
NorthCarolina
Naturally"
An Enual Opportunity 1 Alfirinatlve Action Employer
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 mode] before the model is run, ,

• , The NCDWQ would like the opportunity to discuss the results ofthe new.ICI results with.,,
NCDOT staff before,release of the final report
ks forward to working with the NCDOT to resolve this important' 'matter The NCDWQ '
The.NCDWQ loo' ,
willbase'actions for"future 401 WQC.and Neuse-River Buffer Authorization requests•withm the,City of
,.• .
New Bern's ETJ, includin Section A of STIP 84463, on the results of the:new' 40 report: I
Should you have any questions or require additional in please contact Brian Wrenn at (919)'
733=5715 or David Wainwright at [phone]..

Sincerely,
Brian Wrenn
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
CtV of,Nefa ?3ETTt

ALDERMEN TOM BAYLISS, III
MAYOR
JULIUS C. PARHAM, Jr.
ROBERT G. RAYNOR, JR. WALTER B. HARTMAN, JR.
MACK L."MAX" FREEZE CITY MANAGER ..
JOSEPH E, MATTINGLY, JR.
BARBARA LEE VICKIE H. JOHNSON
DANA E. OUTLAW CITY CLERK
/?; ?Lt
Z1llree &I nturics of
NM4 Cirulina Errtfage
_ MARY B. MURAGUA
FOUNDED 1710 DIRECTOR OF FINANCE
Phone: [phone] P.O. Box 1129
,Nefv Peru, ?% 28563-1129
August 17, 2007
Mr. David Wainwright
Transportation Permitting Unit
NCDWQ
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: NC 43 Connector (Bosc h Boulevard) project R-4463 .
Dear Mr. Wainwright:
This is in response to a request frorn LeiLani Paugh of NCDO"r 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 Teartf, eventually completing a" land development plan" for the area that was .
adopted by the County and City.'As a pail of this effort, the County also worked with the City on the extension of ".
the City's extraterritorial planning jurisdiction 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. Efforts 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 to the Merger Team'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.
Sincerely,
?
Michael W. Avery, Director
Planning & Inspections Department
City of New Bern
M WA/Id
1$trifting for ?xcellrnre
a
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
LYNDO TIPPE, T
SECRETARY
New Bern's provisions for ICE impacts from K-4463 Bosch Boulevard
New Bern has worked with Craven County to extend their Extra Territorial
Jurisdiction (ETJ) 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-l0A) to encourage open space and areas set as environmentally sensitive.
• Other lands surimmding the project that fall under New Bern's existing jurisdiction
Lare zoned-primarily,for.residential cluster development under the City's R- 10A
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.;.;_q;:.
'Zoning Classificatio" :
(I) The A 5 agriculture district is designed to secure the agricultural integrity of the
areas sokclasslfied ar3d'to allow for. low-density single=family developmeriVon five acre • ' z, n 3,.
mrramuin lots The use's encouraged in this district are primarily agricultural'of forestry,
related. Residenttal'd-evelopments of five units or more shall comply with the'cluster 4 s
subdivision provision outlined in article XII of this ordinance. For the A=5 agriculture
district; in promos ng'the general purposes of this ordinance; the specific intent of this
district is: -
< (a) To encourage. the conservation,of the area's existing agricultural dnd 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 uses likely id render it undesirable for
farms-and low=density development;
(c) To encourage the sensitive incorporation of low-densitysingle-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
simply and sewerage substantially in excess o 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 BLDG.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS RALEIGH NO
NATURAL ENVIRONMENT UNIT WEBSITE* WWWDOH.DOTSTATE.NC.US
1598 MAIL SERVICE CENTER
RALEIGH INC 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-forestry 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-livestock farms, and lotiv-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 (Meuse Buffer Rules) [I5A'NCAC 2b'.02331, as well as
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.
for urban'storm water management [15A NCAC 02b .0235] ,.i
• New Bern enforces a Stormwater Ordinance that requires the control of the
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