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20061931 Ver 2_401 Application_20121112
E C C� TRANSMITTAL SHEET TO FROM 401 /Wetlands Unit Howard Nichols COMPANY DATE. NC -DWQ, 401 /Wetlands 10/10/12 Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 TOTAL NO OF PAGES LNCL.UDING COVER NA PHONE NUMBER SENDER'S REFLRENCE NUMBER, RE YOUR REFERENCE NUMBER RIVERSHORE , Nationwide Permit 086 -2 -12 Rivershore & PCN (Craven County) ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLE.ASE REPLY ❑ PLEASE RECYCLE NOTES /COMMENTS Please find attached: - 5 copies of the Permits & Plans for review. Note: We've already dropped a copy of this PCN along with Full -Size copies of plans with Amy Adams in the Washington Regional Office. Feel free to give me a call if you need anything else. Cell (252) 327 -9623 Thanks, Howard Nichols, Owner EAST CAROLINA CONSULTING PO Box 20714, Greenville, NC 27858 Office (252) 327 -9623, Fax (252) 439 -0462 OCT 1 5 2012 �9 ECC' 06 -1 31 0'- AUTHORIZATION TO ACT AS REPRESENTATIVE FORM Landowner of record authorizes East Carolina Consulting, LLC (ECC) and their subcontractors to: 1. Enter the property to gather environmental and site information, including delineation of environmental regulatory jurisdictions; 2. Enter the site or coordinate Site visits by regulatory agencies (i.e. U.S. Army Corps of Engineers, NCDENR including Division of Coastal Management, Division of Water Quality, Division of Land Quality, etc.) as needed to review regulatory alignment(s) and to identify additional regulatory jurisdictions; and 3. Submit plats and other information to acquire regulatory agency confirmations and /or approvals (i.e. County and /or City governing offices, U.S. Army Corps of Engineers, NCDENR including Division of Coastal Management, Division of Water Quality, Division of Land Quality, etc.); and 4. Provide authorization for ECC to act as your agent for the purposes of obtaining environmental permits, local approvals, and /or other authorizations involving consultants and contractors. Owner Property Description /County 3 ®o fl Parcel Number /�Sl�ia 5 2012 caner Signature Date (,oSTC�h %.c S 114fww� a Notary of the County of CrA� State of North Carolina, hereby certify that (!:�,ji�;.s Kass appeared personally before me this day and being duly sworn _- acknowledged that the above letter was executed by him. Y day of A Witness m hand and notarial seal this � Zp (Z, _ - 03- /� --ao13 Nota My commission expires r SEAL EAST CAROLINA CONSULTING, LLC Box 20714. Greenville, NC Office (252) 327 -9623 - Fax (252) 565 -5718 - www.ECCLLC.com NATIONWIDE PERMIT 18 DEPARTMENT OF THE ARMY CORPS OF ENGINEERS FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS FEDERAL REGISTER AUTHORIZED MARCH 19, 2012 Minor Discharges. Minor discharges of dredged or fill material into all waters of the United States, provided the activity meets all of the following criteria: (a) The quantity of discharged material and the volume of area excavated do not exceed 25 cubic yards below the plane of the ordinary high water mark or the high tide line; (b) The discharge will not cause the loss of more than l /10 -acre of waters of the United States; and (c) The discharge is not placed for the purpose of a stream diversion. Notification: The permittee must submit a pre- construction notification to the district engineer prior to commencing the activity if: (1) The discharge or the volume of area excavated exceeds 10 cubic yards below the plane of the ordinary high water mark or the high tide fine, or (2) the discharge is in a special aquatic site, including wetlands. (See general condition 31.) (Sections 10 and 404) O�pF W ATF9oG O 't Office Use Only. Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 13 PCN Form —Version 1.3 December 10, 2008 Version Pre - Construction Notification PC Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ® Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ® Yes ❑ No For the record only for Corps Permit: ❑ Yes N No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ® No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: RIVERSHORE, Section -1 2b. County: Craven 2c. Nearest municipality / town: New Bern (within City Limits) 2d. Subdivision name: RIVERSHORE 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: Axis Property, LLC 3b. Deed Book and Page No. DB 3059, Pg 156 3c. Responsible Party (for LLC if applicable): Chris Bass, Manager 3d. Street address: 205 Pollock Street 3e. City, state, zip: New Bern, NC 28560 3f. Telephone no.: (252) 571 -0912 3g. Fax no.: NA 3h. Email address: axispropertynb @gmail.com Page 1 of 13 PCN Form —Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ® Agent ❑ Other, specify: - 4b. Name: Howard Nichols 4c. Business name (if applicable): ECC, LLC 4d. Street address: PO Box 20714 4e. City, state, zip: Greenville, NC 27858 4f. Telephone no.: (252) 327 -8623 4g. Fax no.: NA 4h Email address: hnichois @ecc- enc.com 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 13 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 2- 036 -3001 1 b. Site coordinates (in decimal degrees): Latitude: 36.1041 Longitude: -77.0111 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: 73.14 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Neuse River proposed project: 2b. Water Quality Classification of nearest receiving water: SB, Sw, NSW 2c. River basin: Neuse 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Vacant, grasslands and partially wooded. Adjacent properties are Single Family Residential to the West and North. US Hwy 17 to the East and the Neuse River borders the Southern property line. Site contains 404 and Coastal Wetlands. 3b. List the total estimated acreage of all existing wetlands on the property: 51.57 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: NA 3d. Explain the purpose of the proposed project: create more room on existing platted lots of record 3e. Describe the overall project in detail, including the type of equipment to be used: Overall project will be developed by phases (or Sections) Section -1 creates road front lots along existing state roads. No construction is necessary other that the proposed wetland fill areas. Equipment used shall be cutting equipment to trim trees, removal of trees & stumps located within fill areas shall be pushed up by a bull -dozer and debris loaded /hauled off in dump trucks to an approved dump -site. The Future "sections" construction methods shall use conventional road & utility building techniques. 4, Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No Unknown project (including all prior phases) in the past? Comments: 404 Delieation Map included with this package. 4b. If the Corps made the jurisdictional determination, what type El Preliminary Final ry of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Land Management Name (if known) Paul Farley Company, Wilmington, NC Other. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 3/27/12 by William Wescott (Map attached) Page 3 of 13 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for ® Yes ❑ No ❑ Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. NW14 (0.17 ac. "404 Fill ", 2007) DWQ Project # 06 -1931 - 5/17/07 - Rivershore, approval od 401 Water Quality Certification & Authorization Certificate/ Storm Permit No. SW7061211 - 12/6/10 - Rivershore, High Density Subdivision Project Erosion and Sedimentation Control Permit No. Crave - 2007 -037, 5/15112 (Transfer) 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. Section -1 is proposed to be recorded first. The "FUTURE" sections shall be constructed at a later date. No construction of the "FUTURE" is planned at this time. Page 4 of 13 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary W1 ®P ❑ T Fill 404 ® Yes ® No ® Corps ❑ DWQ 0.10 W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 0.10 2h. Comments: W1 includes grass areas, as well as wooded (forested) 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ —non -404, width (linear Temporary P ry (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T NA ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 13 PCN Form —Version 1.3 December 10, 2008 Version 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Tern ora T 01 ❑P ❑T NA 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 NA P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ® Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary impact required? B1 ❑P ❑T NA El Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 13 PCN Form -Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. existing Lots of Record Lots 17 -26 (10 -Lots) shall be re- subdivided into Lot 47 -52 (6- Lots), reducing proposed run -off in the area. Minimal Fill (0.10 ac.) area is proposed to utilize use of Lots 47, 48 & 49 and to avoid future violations by individual lot owners. Note: The existing platted lots 1 -16 shall be re- recorded and dedication as a "Conservation Area ". 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. During installation of the fill, silt fence shall be installed along the Riparian Buffer and maintained until the crossings are complete, and the side slopes are stabilized. 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? ® Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ® Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ® Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank- NA 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature. ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Owner shall provide a Conservation Easement to include 40.4 acres of 404 and Coast Wetlands. The area is depicted on a Proposed Conservation Easement Concept Plan. The area shall be regulated as approved by the City of New Bem. Includes re- recordation of existing Lots 1 -16 to the "Conservation Area ", reducing number of proposed single family lots from 52 to 9 total lots in this area. Page 7 of 13 PCN Form —Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 8 of 13 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ® Yes ❑ No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? if no, explain why. Comments: No ditching or swales are proposed within Section -1. All drainage away ❑ Yes ® No from the lots shall be sheet -flow. Page 9 of 13 PCN Form —Version 1.3 December 10, 2008 Version 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 22.56% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: This project was modified on June 29, 2012 by transferring the permit into the name of the new owner, Axis Property, LLC. The original permit was issued July 6, 2007. It included the high density portion of the 73.14 acre tract of land located off of Sandy Point Road (SR 1609). This high density portion of the development included 46 lots with a built upon area of 3,179 sf per lot. It also included 2,275 feet of road 31 feet wide and 2,200 If of 4 foot wide side walk for an additional 79,325 sf, of impervious area. The total project built upon area was 5.18 acres or 225,559 sf. This impervious area discharged into a proposed wet detention basin that removed 90% total suspended solids. The current proposed modification does not alter the design of the wet detention basin. It still proposes that the wet detention basin handle a drainage area of 12.08 acres with 5.18 acres of impervious built upon area (see drainage area 1). The modifications to the current permit; however, will alter the proposed roadway area to 72,784 sf and the sidewalk to 9,803 sf and the common area future building of 900 sf for a total area of 83,487 sf. This leaves a total of 142,072 for 43 lots (reduced from the original 46 lots in the original permit). The average built upon area per lot is 3,304 sf. In addition to the high density pocket treated by the wet detention facility, this proposed modification adds 9 additional lots and another common area. Lots 44, 45 and 46 are bordered by 404 wetlands. Lots 47 thru 52 are bordered by 404 wetlands and stream buffers adjacent to the coastal wetlands. The built upon area for lots 44, 45 and 46 were limited to the upland area and portions of the 404 wetlands which included 10,000 sf per lot. The built upon area for lots 47 thru 52 were limited to the upland area plus the 404 wetlands and did not include the buffers. They are 3358 sf, 3399 sf, 3698 sf, 3645 sf, 3437 sf, and 14,597 sf respectively. These lots are included in drainage area 3 which also includes future impervious area of 11,799 sf for the purpose of road and parking improvements to Bayside Drive and any concrete walks and 6,578 sf of existing road on Bayside Drive. The total property area is 73.14 acres but the Total Project area utilized for determining impervious percentage is 47.54 acres. This area excludes coastal wetlands and surface waters (ponds and BMP's). The percentage of allowable impervious area for this development modified from 2007 is 30 %, or 14.262 acres. The total proposed percent of impervious area is 22.56 percent or 9.171 acres. This is the maximum percentage that can be utilized on this site without altering the size or parameters of the permitted wet detention pond. 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ Certified Local Government ® DWO Stormwater Program Page 10 of 13 PCN Form — Version 1.3 December 10, 2008 Version Page 11 of 13 PCN Form —Version 1.3 December 10, 2008 Version ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local governments jurisdiction is this project? NA ❑ Phase 11 3b. Which of the following locally- implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ® Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes — ® No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: NA 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 26.0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s). NA Page 11 of 13 PCN Form —Version 1.3 December 10, 2008 Version 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ® Yes ❑ No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. A revised Stormwater Management Plan is currently under review by DWQ, Washington Regina[ Office. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The project is located within the city limits of New Bern, NC and will be served by them for Sanitary Sewer Service. (Water Service provided by First Craven Sanitary District) Page 12 of 13 PCN Form —Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NA, the surrounding area is currently residential and that suitable habitat is not present . 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NA,No proposed impacts to fish habitat. 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NA, previous permits issued for this property and surrounding properties indicate that Historic Resources are not present . 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? www.NCFLOODMAPS com - FIRM Map #3720559000J, dated 7/2/04 and FIRM Map #3720549900J, dated 7/2/04 (reduced copies attached) Howard Nichols AV�A 9/25/12 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 13 of 13 PCN Form —Version 1.3 December 10, 2008 Version 1 of4) pMARBD BY: McGuireWoods LLP (DM 300 North Third Strom, Suite 409 vrdmi agton, Nash► Cwoima 28401 Revenue Stamps: $0.00 Parcel ID No.: 2-036 -3001 ** s»** * *aa » *»* »a » * *s* ****»**= ► * *****» sorer►+ mss****+*»##* srtsss*»sa�+a�»»*s * *»f »*»»s»cuss STATE OF NORTH CAROLINA COUNTY OP CRAVEM THIS QUITCLAIM DEED is made and entered into this the gday of Jwuary, 2012 by ATLAS NC I SPE, LLC, a North Carolina limited liability company (the "Grantor" I Whose adder it 200 W. e Street,Winston-Sal em, North Carolina 27101. and AXIS M OPERW,LLC,allorthC rolnalbmiledliabiliity company (the "Grantee "), whose address is: 295 Pollock Street New Bern, North Carolina 28560. Tim designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, Plural, mascalire, %tutee or neuter as required by context. WITNESSETH, that GmntM €b rvahobie aeon paid by 0rmrtee, @ee reoe Oat:d sOWwwncY of which is hereby acknowledged, has and by 9= presents dices hereby gWtWm and fewer w release to Grantee and Grantee's heirs, successors and W V%M all of such right, title and interest as Graaw has or may have in or to that- certain lot 'or pardaflud situated in Cmw Comoly, North Caolinaaml more descnbed on Exhibit A attached hereto. TO HAVE AND TO HOLD said lot or parcel of land, together with all rights, privileM easements and appurtenances thereto belovM to Grantee, its heirs, successors and assigns, free and clear of all right title, claim or interest oftie Grandartheaeto. Grantor makes no warranty, express or implied, as to the title to the property herein descr bed. Book 3059. Pace 156. Bala Number 2 of 4) IN WffNESs WHEREOF, Gmut" has caused this Quitclaim Deed to be duly executed and delivered. i SEAS FWW NORTH CARS W AX� COUNTY - i certify tbd the following persons y before me this day, each aclnowiedgiag to me dmt he., or she signed Lkuat� F `�- of individual executing °♦o Date: January 20l y #0TR9y " y lic {Official Sear IftP intName: St.lA- &WAS �09� �y�e� My cmmni� vqfires:� 14, =af � 000MO54W9 TYPO: OW A02os4 m3059 Pai57 Book 3059. Map- Y SK - Fi I. MTimhq 3 of 4). Exhibit '!N' 1 11 oil image ID: 0 �M: Or 4059F,458 All that ciain tract or parcel of land lying and being situate in Hurober 2 Township, Craven County, North Carolina, and being more particularly described as follows: Beginning at an iron pipe in the intersection of the eastern *K-of -vaY of fie, Drive (SA 1607) with the southem filild-of-WaY fine Of Sandy Polit Rcmd (R, 1M andallsoknomasM*d Avenue), thence South 78° VOW East 270.25 feet with the southern right- of- wayofSandy Point Road to an iron pipe at the northwestern corner of the City of New Bern Lift Station; thence with the western line of the City of New Bern Lift Station South 12" 00• tl" West 50.00 feet to an kon pipe; theme wish the southern bm of the City of New &NU tit Station South 79'W tW East 50.00 feet to an iron pipe; thence with the eastern rme of the City of New Bern lift Station North 12" East 50.00 feet to an iron pipe in the southern right- of-way line of Sandy Point Road; thence South 77° 22'20" East 323.81 feet with the southern right -01 a" line of Sandy Pasrt Road to an iron pipe lnthe northwestern comeroftot X BLockuF04. addmnto RhreMewPiarkodober, 194% Map Book 3, at Page 90, Craven County Registry (see also addition to Riverview Park, March 1951, Map Book 4, at Page 35 and survey for Cape Fear Corporation, October 23,1973, Plat Cabinet A, Slide'10 -Bk; thence South 78° ii0' W East 10D.imfeetwith the northem fim ofthe said tot i {ate southern fine of Sandy Point Road) to an Iron pipe; thence continuing South 79' 011 OW East 100.00 feet with the northern Vine of Lot 2, Block "P" (also southern right - of-way line of Sandy Point Road) to an Iron pipe; thence South 12° DO' OW West 200.00 feet with the common line of Lots 2 and 3, Block "P" to an iron pipe; thence South 78°00' 00" East with 1:14southem fine of Lot 3, Stock "P" 100.00 feetto an iron pipe; thence South 78' 00' 00" Eastwith the soutimm fine of tot 4, Block "P" 100.00 feet to an iron pipe In the southeastern corner of Lot 4, Block "P ", thence North 12" 01100" East 200.00 feet with the eastern side lot line of Lot 4, Block "P" to an Iron pipe in the sold southern right- of-way line of Sandy Point Road; thence South 78° 00' 00" East 50.00 feet with the southern right- of-way line of Sandy Point Road to an iron pipe in the nordwastern corner of Lot 1, Block "0 ", addition to Riverview Park, October, 1949, Map Book 3, at Page 90, Craven County Registry (see also addition to Riverview Park, March 1951, Map Book 4, at Page 35 and survey for Cape Fear Corporation, October 23,1973, Plat Cabinet A Slide 10-B); thence South Ir W OW West 200.00 feet to an Iran pipe In the southwestern comer of Lot i, Block "O"; thence South 71r 00' 00" East 752.00 feet; from reference point A, with the southern lines of tots 1 thru 8 of Black "0 ", crossing iron pipes set at Intervals of 94.00 feet to an iron pipe in the Southeastern corner of Lot 8, Block "O ", reference point 8; thence South 7917 W Or fit SOM feet with the soudvwn terminus of the Water Street right -of wayto an Drs pipe in the southwestern comer of of 1 Block "R", addition to Riverview Park October, 1949, Map Book 3, at Page 90 (see also addition to Riverview Park, March 1951, Map Book 4, at Page 35 and survey for Cape Fear Corporation, October 23, 1973, Plat Cabinet A, Slide 10-8); thence South 780 00' 00" East 300.00 feet with the southern lines of Lots 1, Z, and 3, Block "R" to an iron pipe in the southeastern comer of tut 3, Block "R" thence North 11" Sr 55" East 167.05 feet with the eastern sine of Lot 3, Block "R" to a North Carolina Department of Transportation concrete right- of-way monument; thence South 43° 01' 43" East 127.30 feet with the North CNON= Department of Transportation dght-o� as described in Deed Book 1533 at Page 127, (raven County Registry, to a concrete right- of-way /g Hook 3059. Pats 1 S6 - " 1 R munhAv. a� 4 of A.1 monument; thence South 79' 33' 3S" East 39.04 feet with the said Department ofTransportation right- of-way to a concrete monument; thence with a North Carolina Department ofTransportatfon right -of-way line, being the western right- of-way tine of US. Highway 17, as follow m- a carve to the right Having a chord bearing of South 27' S4' 09° West, a chord length of 1,725.53 feet, an arc distance of 1,752.18 feet, a radius of 2,893.40 feet, and a delta angle of 34' 41' S0" to a point on the high watermark of the Meuse River; thence with the high watermark of the Meuse River aionga traverse line the following twelve calls to points in the high watermark of the Meuse tWer; North 47° 06'550 West 40.01 feet; North 43° 41' 36" West 125.18 fleet; North 49' 49; Air West 160.43 feet; North Se 51'07" West 117.71 feet, North 59' S9' S7" West 187.42 feet, North 76° 43'05" West 109.41 feet, North 67' S6' 13" West M16 €eet, North 75' 01' 12" West 163.10 feet, South 87' 53' 35" West 17.71 feed North 77.02` 41" West 119.19 feet; North 84° Sr S4° West 89.34 feet, and North 7633'2r West 163.97feetto a drat on a bulkhead and on the high wakwnark of the Meuse River; thence the following two calls with the said bulkhead South 28'31' 49" West 15.69 feet and South 87' 43'55" West 19.48 Beet; thence the foitowingtlueecab with the eastern side lot fine of Lot 12, Block "L ", plan afRivendew Park August d: Nlap Book 2,69 also Map of Wyatt Pl ace, July 1946, Map Book 2, at Page 130 and survey for Cape Fear Corporation, October 23, 1973, Plat Cabinet A, Slide 1"); North 08' 20' 35" West 22.60 feet to an iron pipe, North 8' 20' 35" West 75.00 feet to an ion pipe, and North OS' 20' 35" West 136.34 feet to an Iron pipe at the northeastern scarcer of tat 12, Block "L° ;thencethe #bilanringthree cafis vAb Block 'L" along the southern right of- way -fine of Bayside Drive; South 80'39' 25" We 110629 fret to an iron pipe, South 80'39'25" West 393.71 feet to an axle and South 80' 39'25" West 40.60 feet to a point on a concrete driveway; thence North 18' 31' 36" East 120.00 feet crossing Bayside Drive right - of-way to an iron pipe In the Ida of the eastern right-of-way fm of Riverside Drive with the northern right-of-way One of Bayside Drive; thence the following three calls with the said eastern right -of -way line of Riverside Drive; North 18' 31'36a East 500.92 feet to an iron pipe, North 11' 11'34" East 448.74 feet to an iron pipe, and North 20' 55'35n East 397.78 feet to the Point of beginning, containing 72.40 acresa000rdingto a survey fortlearwatierMar zit U.Cby Hood L Richardson, Pty dated September 20, 2004 and recorded In Plat Cabinet H, Slide 5-A, Craven County Registry, said Plat being incorporated herein by reference. Reference Is also made to Deed Book 1615, Page 406 and Deed Book 1778, Page 6711, Craven County Registry. That portion of the above described property which ties within the rightofway of Sayside Drive as shown on the above survey for Clearwater marketing, LLC is conveyed by Grantor without any warranties. Map : 0000020b4g1a Type• {gyp �30 59 159 4 P,—%" ens» n >..o ,tic &.41— Parcel ID Owner: Railing Address: Property Address Description: Lot Description Craven County Geographk Information System Craven Cow W does WT wrarau t the w1miatm &W= on this page and dwdd be used ONLY fbr tax me -neat purposes. 11us report vacs oeaWd by Craven CuM GG reporting services on 4119/A121213:36 I" 2 -036 -3001 AXIS PROPERTY LLC 205 POLLOCK ST NEW BERN NC 28560 SANDY POINT RD WYATT LAND Assessed AcnxW : 72.400 Calculated Acreage: 72.440 Deed Reference : 3059 -0156 Recorded Date: 1262012 Recorded Survey: H-5 -A ATLAS NC 1 SPE LLC AXIS PROPERTY LLC Estate Number: $300,000 Land Value: $1,085,800 Tax Exempt: No Improvement Value: $0 9 of Improvements : 0 Total Value: $1,085,800 ATLAS NC 1 SPE LLC STRAIGHT City Name: NEW BERN Fire tax District: Drainage District: Special District; RIVERSHORE Land use : VACANT - MAPPED /PLATTED /DEVELOPE $2,130,000 List of Improvements to Site No improvements listed for this parcel Recent Sales Information ALE DATE Sellers Name Buyers Name Sale Type Sale Price /26/2012 ATLAS NC 1 SPE LLC AXIS PROPERTY LLC STRAIGHT $300,000 TRANSFER 126/2012 AXIS PROPERTY LLC AXIS PROPERTY LLC STRAIGHT TRANSFER $0 2/29/2009 SANDY POINT ATLAS NC 1 SPE LLC STRAIGHT $512,000 PROPERTIES INC TRANSFER 120/2007 RIVERSHORE SANDY POINT PROPERTIES STRAIGHT $2,130,000 PROPERTIES LLC INC TRANSFER /20/2005 CLEAR WATER RIVERSHORE PROPERTIES STRAIGHT $0 MARKETING LLC LLC TRANSFER 0/2012004 SANDY POINT VILLAGE RWERSHORE LLC STRAIGHT $0 LLC TRANSFER 0/20/2004 RIVERSHORE LLC CLEAR WATER MARKETING MULTI- PARCEL - $400,000 LLC SALE /6/1998 TAYLOR, ZACHARY TR SANDY POINT VILLAGE LLC PROPERTY $0 TAYLOR TRUST Z SPLIT List of Improvements to Site No improvements listed for this parcel North Carolina Secretary of State Page 1 of 2 North Carolina Elaine Mar shall PARTMENT OF TIE secrwaty SECRETARY OF STATE PO l3 m 29622 P,ateigh, NC 2762&W22 (919)K7-2CM Date: 4202012 Click here to: View Document Filings I Faze an Annual Report I T Print a Pre - populated Annual Report Fiilatale PDF Form { Amended A Previous Annual Report j Corporation Names Flame Name Type NC AXIS PROPERTY, LLC LEGAL Limited Liability Company Information SOSID: 1207136 Status: Current- Active Effective Date: 6wo1 i Annual Report Due Date: 4/152012 Citizenship: DOMESTIC State of Inc.: NC Duration: PERPETUAL Annual Report Status: CURRENT Registered Agent Agent Name: BASS, CHRIS 0111ce Address: 205 POLLOCK ST. NEW BERN NC 28560 Mailing Address: 205 POLLOCK ST. NEW BERN NO 28560 Principal Office Office Address: 205 POLLOCK ST. NEW BERN NO 28560 Mailing Address: 205 POLLOCK ST. NEW BERN NC 28560 Officers Title: MANAGER Name: CHRISTOPHER SHAWN BASS Business Address: 205 POLLOCK STREET NEW BERN NC 28560 raise: I ME111111BER Name: PHILIP G REMBERT Business Address: 222 CHURCH STREET SUMTER SC 29150 retie: METER Name: COMPLETE MARKETING SOLUTIONS, LLC btto: / /www.secretarv. state. nc. us/ corr)orations/Corp.aspx?Pitemld= 9750633 4/20/2012 North Carolina Secretary of State r ar` vl ` Bushiess Address: A65 DUCKS WAY NEW BERN NC 28562 This website is provided to the public as a part of the Secretary of State Knowledge Base (SOSKB) system. Version: 25.94 http : / /www.secretary.state.nc.us/ corporations /Corp.aspx?Pitmffd= 9750633 4/20/2012 R _ NCDENR North Carolina Department of Environment and Natural Resources Division of Land Resources Land Quality Section James D. Simons, PG, PE Director and State Geologist May 15, 2012 Beverly Eaves Perdue, Governor Dee Freeman, Secretary LETTER OF APPROVAL WITH MODIFICATIONS AXIS Property, LLC ATTN: Mr. Christopher S. Bass, Manager 205 Pollock Street New Bern, North Carolina 28560 RE: Erosion and Sedimentation Control Plan No. Crave- 2007 -037 Project Name: Rivershore PUD ' Location: NCSR 1609 County: Craven - River Basin: Neuse Date Received by LQS: May 1, 2012 Acres Approved: 10.9 Project Type: Revised Project Description: Letter of Approval transfer, as requested in the information submitted to this office on May 1, 2012. Dear Sir: This office has reviewed the subject erosion and sedimentation control plan. We find the plan to be acceptable and hereby issue this Letter of Approval with Modifications. The modifications required for approval are listed on the attached pages. This plan approval shall expire three (3) years following the date of approval, if no land - disturbing activity-has been undertaken, as required by 15A NCAC 4B.0129, unless modified by other legislation. Please be advised that 15A NCAC 4B.01 18(a) requires that a copy of the approved erosion and sedimentation control plan be on file at the job site. Also, you should consider this letter as giving the Notice required by G.S. 113A- 61.1(a) of our right of periodic inspection to ensure compliance with the approved plan. North Carolina's Sedimentation Pollution Control Program is performance oriented, requiring protection of existing natural resources and adjoining properties. If, following the commencement of this, project, it is determined that the erosion and sedimentation control plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (G.S. 113A -51 through 66), this office may require revisions to the plan and implementation of the revisions to ensure compliance with the Act. Acceptance and, approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations and rules. In addition, local city or county ordinances or rules may also apply to this land- disturbing activity. This approval does not supersede any other permit or approval. Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 - Phone: 252 - 946 -64811 FAX 252 -975 -3716 Internet. http l /portal.ncdenr org/webpr /land- quality An Equal Opportunity / Affirmative Action Employer - 50 %Recycled110% Post Consumer Paper Erosion and Sedimentation Control Plan No. Crave - 2007 -037 Project Name: Rivershore PUD May 15, 2012 Modifications Page 1, 1. AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the Act: A. In the event of a conflict between the requirements of the Sedimentation Pollution Control Act, the submitted plan and/or the contract specifications, the more restrictive requirement shall prevail; B. The land- disturbing activity shall be conducted in accordance with the approved erosion and sedimentation contorl plan; C. The LATEST APPROVED erosion and sediment control plan will be used during periodic unannounced inspections to determine compliance and a copy of the plan must be on file at the job site. If it is determined that the implemented plan is inadequate, this office may require the installation of additional measures and/or that the plan be revised to comply with state law; D. All revisions, including those required by other local, state or federal agencies, which affect site layout, drainage patterns, limits of disturbance and/or disturbed acreage must be submitted to this office for approval a minimum of 15 days prior to the start of construction; - - E. Revisions exceeding the approved scope of this project without prior approval of the plan showing the changes can be considered a violation. Failure to comply with any part of the approved plan or with any requirements of this program could result in appropriate legal action (civil or criminal) against the financially responsible party. Legal actions include Stop Work Orders and the assessing of a civil penalty of up to $5000 for the initial violation plus an additional penalty of up to $5000 per day for each day the site is out of compliance; F. The CERTIFICATE OF PLAN APPROVAL must be posted at the primary entrance to the job site and remain until the site is permanently stabilized; G. In cases of natural disaster related changes to the proposed land disturbing activity, all appropriate actions and adequate measure installations may be performed to prevent sediment damage, prior to submitting and receiving approval of the revised plan. A revised plan must be submitted for approval as soon as possible, but no later than 15 days after all emergency actions have been performed; Erosion and Sedimentation Control Plan No. Crave - 2007 -037 Project Name: Rivershore PUD May 15, 2012 Modifications Page 2 H. Erosion and sediment control measures or devices are to be constructed and/or installed to safely withstand the runoff resulting from a 10 year storm event (25 year storm event in High Quality Zones). The 10 year storm event is generally equivalent to a storm producing 6.5 - 7 inches of rain in 24 hours or at the rate of 6.5 - 7 inches of rain in 1 hour, depending on the location of the project within the region; I. No earthen material is to be brought on or removed from the project site, until the off -site borrow and/or disposal sites are identified as part of the erosion control plan. If an off -site borrow and/or disposal site is to be utilized, submit the name and identification number (E &SCP # or Mine Permit #), prior to use; I Buffer zone, sufficient to restrain visible sedimentation within the 25% of the width closest to the land disturbance, must be provided and maintained between the land- disturbing activity and any adjacent property or watercourse; K. In order to comply with the intent of the Act, the scheduling of the land - disturbing activities is to be such that both the area of exposure and the time between the land disturbance and the providing of a ground cover is minimized; L. Unless a temporary, manufactured, lining material has been specified, a clean straw mulch must be applied, at the minimum rate of 2 tons/acre, to all seeded areas. The mulch must cover at least 75% of the seeded area after it is either tacked, with an acceptable tacking material, or crimped in place; M. New or affected cut or filled slopes must be at an angle that can be retained by vegetative cover, AND must be provided with a ground cover sufficient to _ . --restrain-erosion-within 21 calendar days of- completion of any phase (rough or final) of grading (ANNUAL RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a temporary ground cover); N. A permanent ground cover, sufficient restrain erosion, must be provided within the shorter of 15 working or 90 calendar days (if in a High Quality Zone, the shorter of 15 working or 60 calendar days) after completion of construction or development on any portion of the tract (ANNUAL RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a nurse cover for the permanent grass cover); Erosion and Sedimentation Control Plan No. Crave - 2007 -037 Project Name: Rivershore PUD May 15, 2012 Modifications Page 3 O. All sediment and erosion control details for this project must conform to the standards as shown in the current Erosion & Sediment Control Planning and Design Manual; these details must be utilized for construction and incorporated in the plan. The manual can be found online at http: / /portal.ncdenr.or web /lr /publications 2. Adequate and appropriate measures must be properly installed downstream, within the limits of disturbance, of any land disturbing activity to prevent sediment from leaving the limits of disturbance, entering existing drainage systems, impacting an on -site natural watercourse or adjoining property. 1 3. By requesting this transfer of ownership, AXIS Property, LLC is accepting this project "as is" and assumes full and total responsibility and liability for this project's compliance with the Sedimentation Pollution Control Act. 4. Attached is a copy of the original Letter of Approval. All modifications stated in the original Letter of Approval are still valid and must be followed. AXIS Property, LLC ATTN: Mr. Christopher S. Bass, Manager May 15, 2012 Page 2 Please note that this approval is based in part on the accuracy of the information provided in the Financial Responsibility /Ownership Form, which you have submitted. You are required to file an amended form if there is any change in the information included on the form. In addition, 15A NCAC 4B.0127(c) requires that you notify this office of the proposed starting date for this project (using the enclosed Project Information Sheet). Please notify us if you plan to have a preconstruction conference. Please be advised that a rule to protect and maintain existing buffers along watercourses in the - Neuse-River- Basin — became - e feetive - -on -July 22,-- 199 -7. -- The Meuse River -- Riparian Area--------- - Protection and Maintenance Rule (15A NCAC 2B.0233) applies to the 50 -foot wide zone directly adjacent to surface waters (intermittent streams, perennial streams, lakes, ponds, and estuaries) in the Neuse River Basin. For more information about this riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919- 807 -6300, or DWQ in our regional office at 252- 946 -6481. Please be advised that all land - disturbing activities affecting 1 or more acres are required to have a (Federal) NPDES permit. The original letter of approval was accompanied by the Construction Activities General NPDES Permit - NCGO10000 for this project. The responsibility for understanding and complying with this permit rests with you, the financially responsible party. Sincerely, Richard Peed, CPESC Assistant Regional Engineer Enclosures cc w/o enc: V- Toward Nichols, East Carolina Consulting, LLC Alton Hodge, Division of Water Quality Ross Beebee, Member /Manager, Rivershore Properties, LLC o�0� war�R4� r o � Rivershore Properties, LLC Attn: Ross Beebe 240 Craven Street New Bern, NC 28560 Michael F. Easley, Governor William G. Russ Jr., Secretary North Carlin Department of Enva01101cut and Natural Ram um May 17, 2007 Subject Property: Rivershore Neuse River, 030410,27-(104), NSW, SB, Sw Alan W. Klimek, P.E. Director Division of water Quality DWQ Project # 06 -1931 Craven County Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Beebe: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.17 acmes of wetlands for the purpose of a road crossing at the subject property, as described within your application received by the N.C. Division of Water Quality (DWQ) on December 19, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3627 (GC3627). The Certification(s) allows you to use Nationwide Permit(s),14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non - discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire Upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in ISA NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: North Carolina Division of Water Quality inlomet h2o enrstate mus 943 Washington Square Mail Phone: 252- 946.6481 Washington, NC 27889 FAX 252- 946 -9215 aro ria An Equal OpportunftylAf naWe Action Employer -50% Regcled11096 Post Consumer Paper Jal ` Q � Applicant: Page 2 of 3 Date: 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in fiill compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Pimming and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre- Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures win Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center; Raleigh, NC, 27699 -1650. Amount Approved nits Plan Location or Reference Stream na feet na 404 /CAMA Wetlands 0.17 acres Plat provided with application Waters na acres na Buffers na na 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in fiill compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Pimming and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre- Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures win Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center; Raleigh, NC, 27699 -1650. Applicant: Page 3 of 3 Date: 6. Diffuse Flow (Review) All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse manner at non - erosive velocities through the entire protected stream buffers without re- concentrating. If this is not possible it may be necessary to provide stormwater facilities that are considered to remove nitrogen. Additionally, a stormwater management plan for this project shall be provided to this Office before any of the impacts approved herein are conducted. The plan shall specify all stormwater discharge points, plan details, and calculations to indicate that diffuse flow through the protected buffers or nitrogen removal as described above will be achieved. 7. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for firture wetland, water and buffer impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or buffers approved for impact under this Certification Approval and Authorization Certificate. A sample deed notification can be downloaded from the 401/Wedands Unit web site at http:/ /h2o.enr.state.ne.us/ncwcthmds. The text of the sample deed notification may be modified as appropriate to suit to this project. _ 8. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if the pipes installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not bd installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip -rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Applicant: Page 4 of 3 Date: Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Tar - Pamlico riparian buffer protection rule as described within 15A NCAC 2B .0259. If you have any questions, please telephone Kyle Barnes of the Washington Regional Office at 252- 948 -3917 or Ian McMillan of the 401 Oversight/Express Unit at 919- 715 -4631. - Enclosures: Certificate of Completion GC 3627 cc: Corps of Engineers Washington Field Office DWQ 401, Oversight/Expmss Unit CAMA, Morehead Office File copy Central Files Sincerely, Al Hodge/Supervisor Division of Water Quality Surface Water Protection Washington Regional Office Filename: 06 -1931 WQC #3627 This General Certification is issued In conformity with the requirements of Section 401, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15A NCAC 2H, Secinon .0500 and 15A NCAC 2B.0200 for the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and for the Riparian Area Protection Rules (Buffer Rules) in 16A NCAC 26.0200. The category of activities shall include any fill activity for road crossings and is limited to fill less than one -third acre it tidal waters and less than one -half acre M non -tidal waters. This Certification replaces Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification Number 2666 Issued on January 21, 1992, Water Quality Certification Number 2732 issued on May 1, 1992, Water Qualtty Certification Number 3103 Issued on February 11, 1997, Water Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification Number 3375 issued Mara 18, 2002 and WQC 3404 issued March 28.2003. This WQC Is rescinded when the Corps of Engineers re- authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed appropriate by the Director of DWQ. The State of North Carolina certifies that the specified category of amity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 95-217 N conducted in accordance with the conditions hereinafter set forth. Conditions of Certification: 1. Enumerating and Reporting of Impacts: Streams - Impacts to streams as determined by the Division of Water Quality shall be measured as length of the centerline of the normal flow channel. Permanent and/or — temporary stream impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Stream relocations and stream bed and/or bank hardening are considered to be permanent strearri Impacts. Any activity that results In a loss of use of stream functions including but not tbnited to filling, relocating, flooding, dredging and complete shading shall be considered stream impacts. Enumeration of impacts to streams shall include streams enclosed by bottomless culverts, bottomless arches or other spanning structures when a 404 Permit is used anywhere in a project unless the entire structure Lure (including construction impacts) spans the entire bed and both banks of the stream, is only used for a road, driveway or path crossing, and is not mitered to follow the stream pattern. Impacts for dam footprints and flooding will count toward the threshold for stream impacts, but flooding upstream of the dam will not (as long as no filling, excavation, relocation or other modification of the existing stream dimension, pattern or profile occurs) count towards mitigation requirements. Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary wetland impacts shall be enumerated on the entire project for all impacts regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of wetland functions Including but not limited to filling, draining, and flooding snail tie considered wetiand impacts. Enumeration of impacts to wetlands shall include activities that change the hydrology of a wetland when a 404 Permit is used anywhere to a project. WQC #3627 • Lakes and Ponds – Lake and Pond Impacts Enumeration- Impacts to waters other than streams and wetlands as determined by the Division of Water Quality shall be measured as area. Permanent and/or temporary water impacts shall be enumerated on the entire project for all impacts proposed regardless of which 404 Nationwide Permits are used. Any activity that results in a loss of use of aquatic functions Including but not limited to filling and dredging shalt be considered waters impacts; 2. Proposed fill or substantial modification of wetlands or waters (including streams) under this General Certification requires application to and prior written concurrence from the Division of Water Quality; 3. Application to and payment of a fee to DWQ is not required for construction of a driveway to a single family lot as long as the driveway impacts less than 25 feet of stream channel including any in- stream stabilization needed for the crossing; 4. impacts to any stream length in the Neuse, Tar - Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 2B.0200. Activities listed as 'exempt from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50 -foot wide riparian areas (whether jurisdictional wetlands or not) — within the Neuse and Tar - Pamlico River Basins shall be liimited to °uses° Identified within and constructed in accordance with 15A NCAC 28.0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 5. Irrespective of other application thresholds in this General Certification, all impacts to perennial waters and their associated buffers require written approval from DWQ since such impacts are allowable as provided In 15A NCAC 28.0212 (WS -1), 2B.0213 (WS41), 2B .0214 (WS -III) and 213 .0215 (WS -IV). Only water dependent activities, public projects and structures with diminimus increases in Impervious surfaces will be allowed as outlined in those rules. Ail other activities require a variance from the delegated local government and/or the NC Environmental Management Commission before the 401 Water Quality Certification can be processed. In addition, a 30 foot wide vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density development must be maintained adjacent to all perennial waters except for allowances as provided under the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as othervdse determined by local government studies, 6. Additional site - specific stormwater management requirements may be added to this Certification at DWQ's discretion on a case by case basis for projects that have or are anticipated to have impervious cover of greater than 30 percent. Site - specific stormwater management shall be designed to remove 85% TSS according to the latest version of DWQ's Stormwater Best Management Practices manual at a minimum. Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters (WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters (ORW), the Division shall require that extended, detention wetlands, bio- retention areas, and ponds followed by forested filter strips (designed according to latest version of the NC DENR Stormwater Best Management Practices Manual) be constructed as part of the stormwater management plan when a site - specific stormwater management plan is required. WQC #3627 Alternative designs may be requested by the applicant and will be reviewed on a case -by- case basis by the Division of Water Quality. Approval of stormwater management plans by the Division of Water Quality's other existing state stormwater programs including appropriate local programs are sufficient to satisfy this Condition as long as the stormwater management plans meet or exceed the design requirements specified In this condition. This condition applies unless more stringent requirements are in effect from other state water qualiity programs. • Unless specified otherwise In the approval letter, the final, written stormwater management plan shall be approved in writing by the Division of Water Quality's Wetlands Unit before the impacts specified in this Certification occur. • The facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. • Also, before any permanent building or other structure is occupied at the subject site, the facilities (as approved by the Wetlands Unit) shall be constructed and operational, and the stormwater management plan (as approved by the Wetlands Unit) shall be implemented. • The structural stormwater practices as approved by the Wetlands Unit as well as drainage patterns must be maintained in perpetuity. • No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. 7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but also intermittent stream impacts that require application to DWQ in watersheds classified as ORW, HOW, Tr, WS4 and WS-11 unless the project is a linear, publicly- funded transportation project, which has a 1 %foot per -stream Impact allowance; 8. In accordance with North Carolina General Statute Section 143- 215.3D(e), any application for a 401 Water Quality Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted through the Division of Coastal Management and will be the higher of the two fees; - 9. in accordance with 15A NCAC 2H .0506 (h) compensatory mitigation may be required for Impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For linear public transportation projects, impacts equal to or exceeding 150 feet per stream may require mitigation. In addition, buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting from activities classified as "allowable with mitigation" within the Table of Uses" section of the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made for any Certification for this Nationwide Permit. The most current design and monitoring protocols from DWQ shall be followed and written plans submitted for DWQ approval as required in those protocols. When compensatory�mitigation is required for a project, the mitigation plans must be approved by DWQ in writing before the impacts approved by the Certification occur, unless otherwise specified in the approval letter. The mitigation plan must be Implemented and/or constructed before, any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the road is opened to the travelling public. Projects may also be implemented once payment is made to a private mitigation bank or other in -lieu fee program, as specified in the written concurrence of 401 Certification for a project. Please note that d a stream relocation Is conducted as a stream restoration as defined in The internal Technical Guide for Stream Work in North Carolina, April 2001, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation; WQC #3627 10. For any project involving realignment of streams, a stream relocation plan must be included with the 401 application for written DWQ approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel, to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for bank stabilization shall be limited to native woody species, and should include establishment of a 30 foot wide wooded and an adjacent 20 foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. .A transitional phase incorporating coir fiber and seedling establishment is aikywable. Also, rip-rap may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip - rap coverage requested. If suitable stream mitigation is not practical on -site, then stream impact will need to be mitigated elsewhere; 11. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed to allow low flow passage of water and aquatic fife unless it can be shown to DWQ that providing passage would be impractical. Design and placement of culverts Including open bottom or bottomless arch culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in aggradation, degradation or significant - changes In hydrology of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested to do so in writing by DWQ. Additionally, when roadways, causeways or other fill projects are constructed across FEMA- designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in aggradation, degradation or significant changes in hydrology of streams or wetlands; 12. That appropriate sediment and erosion control practices which equal or exceed those outlined In the most recent version of the 'North Carolina Sediment and Erosion Control Planning and Design Manual" or the "North Carolina Surface Mining Manual° whichever is more appropriate (available from the Division of Land Resources (DLR) in the DENR Regional or Central Offices) shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to assure compliance with the appropriate turbidity water quality standard; 13. All sediment and erosion control measures placed In wetlands and waters shall be removed and the original grade restored within two months after the Division of Land Resources has released the project; 14. That additional site - speck conditions may be added to projects proposed under this Certification in order to ensure compliance with all applicable water quality and effluent standards; 15. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 16. If an environmental document is required, this Certification is not valid unfit a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse; 17. if this Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill beyond that explicitly allowed under other General WQC #3627 Certifications. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground; 18. When written concurrence o required, forms notify DWQ when ail work Included n the version of the Certification of Completion 401 Certification has been completed; 19. Concurrence from DWQ that this Certification applies to an individual project shall expire three years from the date of the cover letter from DWQ or on the same day as the expiration date of the corresponding Nationwide Permit 14 or Regional General Permit 198200031, whichever is sooner. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal andfor civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity that requires written concurrence under this certification, if it Is determined that the project is likely to have a significant adverse effect upon water quality or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best Interest by the Director of the North Carolina Division of Water Quardy. Effective date: 19 March 2007 DIVISION OF WATER QUALITY By t&-- K&jc Alan W. tOlmek, P.E. Director WQC # 3827 Certification of Completion DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, 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 construction 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 -L,— , 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 Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) 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 Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date Beverly Eaves Perdue Coleen H. Sullins Dee Freeman .Governor Director Secretary Mr. Dan Flye CREO Development and Marketing ATLAS NC I SPE, LLC 3450 Pacft Ave. Virginia Beach, VA 23451 _ Subject. Dear Mr. Flye: December 6, 2010 Storrnv ater Permit No. SW7061211 Rivershore High Density Suibdhrhlon Project Craven County The Washington Regional Office received a complete Stormwater Management Permit Application for transfer of ownership for-Rivershore development on October 1, 2010. We are forwarding Permit No. SW7061211, dated December 6, 2010, for the construction of the project This permit shall be effective from the date of issuance until July 6, 2017, 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 stormwrater management system will result in future compliance problems. If any parts, requirements, or limitations contained In this permit are unacceptable, you have the right to request an adjudicatory hearing upon written request within thirty (30) days following recut of this permit. This request must be in the form of a writtert petition, conforming to Chapter 15OB of the North Carolina General Statutes, and filed with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611.7447. Unless such demands are made this permit shall be final and binding. If you have any questions, or need additional information concerning this matter, please contact Roger Thorpe, or me at (252) 948 -6481. TAtilg)je Regional Supervisor Surface Water Protection Section cc: East Carolina Consulting, PLLC Rivershore Properties, LLC Craven County Inspections ug Huggett, Division of Coastal Management ashington Regional Office Nw1h CarWm Divis m of Water Quality Wwwt �t���v.uc +rat llity.ors 943 Washington Square Mall Phone. 252- 946 -Wi WasWngton, NC 27889 FAX 252 - 946.9215 WoTkarofina Any /Aftn*ieAdatEm r_��i %� STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT HIGH DENSITY DEVELOPMENT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO ATLAS NC I SPE, LLC Rivershore Craven County FOR THE construction, operation and maintenance of a wet detention -pond in compliance with the provisions of 15A NCAC 2H .'1000 (hereafter referred to as the astom wafernrles' and the approved stommwater management plans and specifications and other supporting data as attached and on file with and approved by the Division of Water Quality and considered a part of this permit. This permit shall be effective from the date of issuance until July 6, 2017and shall be subject to the following specified conditions and limitations: 1. DESIGN STANDARDS - 1. This permit is -efrective 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 stormwrater runoff as described in Section 1.6 of this permit. The subdivision is permitted for 44 lots, each allowed 3,179 square feet of built -upon area. 3. Approved plans and specifications for this project are incorporated by reference and are enforceable parts of the permit., 4. Stormwater collection and treatment systems must be located in either dedicated common areas or recorded easements. The final plats for the project will be recorded showing all such required easements, in accordance with the approved plans. 6. The folknving design elements have been permitted for this wet detention pond stormwater facility, and must be provided in the system at all times. a. Total Site, acres: Developed Area, acres: Drainage -Basin Area, acres: b. Total Impervious Surfaces, acres: Number of Lots: Impervious area per lot, fe: c. Pond Depth, feet: d. TSS removal effrderrcy: e. Design Storm: f. Permanent Pool Elevation, FMSL: g. Permitted Surface Area @PP, f'?: h. Permitted Storage Volume, fe: f. Storage Elevation, FMSL: j. Controlling Orifice: k. Permanent Pool Volume, fe: I. Forebay Volume, fe: m. Receiving Stream i River Basin: n. Classification of Water Body: ll. SCHEDULE OF COMPLIANCE 73.14 27.84 12.08 5.18 44 3,979 5.0 1a 2.0 15,905 _ 24,482 3.4 2.5 "0 pipe 46,798 5,20© Neuse River/ Neuse River Basin No homeowner/10t owneddevebper shall fill in, alter, or pipe any drainage feature {such as swaies) 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. 2. The permittee is responsible for verifying that the proposed built-upon am for the entire lot including driveways and sidewalks, does not exceed the alterable built-upon area. Once the lot transfer is compere, the built-upon area may not be revised without approval from the Division of Water Quality, and responsibility for meeting the burltupon area limit is transferred to the Individual property owner. 3. If an Architectural Review Board or Committee is required to review plans for compliance with the BUA limit, the plans reviewed must include all proposed burn area. Any approvals given by the Board do not relieve the homeowner of the responsibility to maintain compliance with the permitted BUA limit 4. The aemittee shall submit to the Director and shall have received approval for revised plans, specifiications, and calculations prior to construction, for any modification to the approved plans, including, but not lkrded to, these fisted below. a. Any revision to the approved plans, regardless of size. b. Project name change. C. Transfer of ownership. d. Redesign or addition to the approved amount of built-upon area. e. Further subdivision, acquisition, or sale of ail or part of the project area. The project area is defined as all property owned by the permittee, for .which Sedimentation and Erosion Control Plan approval or a CAMA Major permit was sought. f. Filling in, altering, or piping of any vegetative conveyance shown on the approved plan. 5. The Director may determine that other revisions to6 the project should require a modification to the permit. 6. The Director may notify the permittee when the perrniftd 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 permiftee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. 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 surface. - 8. During construction, erosion shall be kept to a minimum and any eroded areas of the system will be repaired immediately. 9. Upori completion of construction, prior to issuance of a Certificate. of occupancy, and prior to operation of this permitted facility, a certification must be received from an appropriate designer for the system installed certifying that the permitted facility has been. installed in accordance with this permit, the approved plans and specifications, and other supporting documentation. Any deviations from the approved plans and specifications must be noted on the Certification. 10. if the stormwater system was used as an Erosion Control device, it must be restored.to design condition prior to operation as a stormwater treatment device, and prior to occupancy of the facility. 11. Permanent seeding requirements for the stormwater control must foilow the guidelines established in the North Carolina Erosion and Sediment Control Planning and Design Manual. 12. Prior to the sale of any lot, the following deed restrictions must be recorded: a. The following covenants are intended to ensure ongoing compliance -with State Stormwater Management Permit Number SW7061 11, as issued by the Division of Water Quality under NCAC 21-1.1000. b. The State of North Carolina is made a beneficiary of these covenants to the extent necessary to maintain compliance with the Storrnwater Management Permit C. These covenants are to run with the land and be binding on all persons and parties claiming under them. �. The covenants pertaining to siormwat6r'may not be altered or rescinded without the Pxnress written consent of the State of North Carolina, Division of Water Quality. e. Alteration of the drainage as shown on the approved plans may not take place the concurrence of the Division of Water Quality. f. The maximum built -upon area per lot is 3,179 square feet. This allotted amount includes any- built -upon area constructed within the lot property boundaries, and that portion of the right o" way between the front lot line and the edge of the pavement. Britt upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parking areas, but does not include raised, open wood decking, or the water surface of swimming pools. g. Lots within CAMA's Area of Environmental Concern may be subject to a reduction in their allowable built -upon area due to CAMA regulations. h. All runoff on the lot must drain into the permitted system This may be acrriplished through providing roof drain gutters which drain to the street, grading the lot to drain toward the street, or grading perimeter swales and directing them into the pond or street Lots that will naturally drain into the system are not requi provide these measures. Built -upon area in excess of the permitted amount vAR require a pem-dt modification. 13. A copy of the recorded deed restrictions must be submitted to the Division within 30 days of the date of recording the plat, and prior to selling lots. The recorded copy must contain all of the statements above, the signature of the Permittee, the deed book number and page, and the stamptsignature of the Register of Deeds. 14. Prior to transfer of the permit, the stormwater facilities will be inspected by DWQ personnel. The facility must be in compliance with all permit conditions. Any items not in compliance must be repaired or replaced to design condition prior to the transfer. Records of maintenance activities perfomned to date will be required. 15. The permittee shall at an times provide the operation and maintenance necessary to assure that all components of the permitted stommrater system function at optimum efficiency. The approved Operation and Maintenance Plan must be followed in its entirety and maintenance must occur at the scheduled intervals including, but not limited to. a. Semiannual scheduled inspections (every 5 months). b. Sediment removal. c. Mowing and revegetation of side slopes. d. Immediate repair of eroded areas. e. Maintenance of side s� in accordance with approved plans and specifications. t Debris removal and unclogging of structures, �, catch basins and piping. g. Access to all components of the system must be available at all times. IS. Records of maintenance activities must be kept and made available upon request to authorized personnel of OM. The records vnll indicate the date, activity, name of person performing the work and what actions were taken. 17. This permit shall become voidable unless the fadMies are coast uded in accordance with the conditions of this permit, the approved plans and specifications, and other supporting data. 18. Built upon area includes, but is not limited to, structures, asphalt, concrete, gravel, brick, stone, slate, coquina and parldng areas, but does not Include raised, open wood decking, or the water surface of swimming pools. Ill. GENERAL. CONDITIONS 1. This permit is not transferable to any person or entity except after notice to and approval by the Director. In the event there is either a desire for the fadlitles to change ownership, or there is a name change of the Permittee, a "Name/Ownership'Change Form" must be submitted to the Division of Water Qualify accompanied by appropriate documentation from the parties involved. This may include, but is not limffeci io, a deed of trust, recorded deed restrictions, Designer's Certification and a signed Operation and Maintenance plan. The project must be in good standing with DWQ. The approval of this request will be considered on its merits and may or may not be approved. 2. The permittee is responsible for compliance with all of the terms and conditions of this permit until such time as the Director approves the transfer request. 3. 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 143215.6A to 143-215.6C. 4. The issuance of this permit does not preclude the Penrnittee 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 jurisdkgon. 5. 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. 6. The permit may be modified, revoked and reissued or terminated for cause. The filing of a request for a permit modification, revocation and reissuance or temnination does not stay any permit condition. 7. Permittee grants permission to staff of the DWQ to access the property for the purposes of Inspecting the stormwater facilities during normal business hours. 8. The permittee shall notify the Division of any name, ownership or mailing address changes within 30 days. 9. A copy of the approved plans and specifications shall be maintained on file by the Permittee for the life of the project. 10. This permit shall be effective from the date of issuance until July 6, 2017. Application for permit renewal shall be submitted 180 days prior to the expiration date of this permit and must be accompanied by the processing fee. Permit issued this the 6 th day of December 2010. NO , TH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION for ` L(�F Coleen H. Sullins, Director Division of Water Quality By Authority of the Environmental Management Commission Permit Number SW7061211 Rivershore Page 1 of 2 Stormwater Permit No. SWI061211 Craven County Designer's Certification . . 1, , as a. duly registered in the -State of North Carolina, having been authorized to observe (periodically/weekly/full time) the construction of the project, (Project) for (Project Owner) hereby state that, to the best of my abilities, due care and diligence was used in the observation of the project construction such that the construction was observed to be built within substantial compl"rance and intent of the approved plans and specifications. — The checklist of items on page 2 of this form are a part of this Certification. Noted deviations from approved plans and specifications: SEAL - Signature Registration Number Date Certification Requirements: Page 2 of 2 1. The drainage area to the system contains approximately the permitted acreage. 2. The drainage area to the system contains no more than the permitted amount of Wit- upon area. 3. All the built -upon area associated with the project is graded such that the runoff drains to the system. 4. All roof drains are located such that the runoff is directed into the system. 5. The outaetlbypass structure elevations are per the approved plan. 6. The outlet structure is located per the approved plans. 7. Trash rack is provided on the ou#Wbypass structure. B. All slopes are grassed with permanent vegetation - 9. Vegetated slopes are no steeper than 3:1. 10. The Inlets are bated per the approved plans and do not cause short- circuiting of the system. 11. The permitted amounts of surface area and/or volume have been provided. 12. Required drawdown devices are correctly sized per the approved plans. 13. All required design depths are provided. . 14. All required parts of the system are provided, such as a vegetated shelf, a forebay, and the vegetated filter. 15. The required dimensions of the system are provided, per the approved plan. I S z i, If Mai oiioogo,� 471 all 95 at c�� C�+. °`y� .Y . ° � ' • Siz `�c �s ��K ""�° ^^�" �� -d *��'�' � ET YRRR$# Ey$� Y4Y ���g� 5�6 MI D -A?4 pl I NIB nY- , o pi I Sk, is If J!! kill I it AM a \ Ill pill fig o jig, I il '10 flit if p x? It is 1911op! 1. 1 9. fill 11 ',11111,11111 I -fit lit I if 11 IV bly lit N... P1 M i go' lei ejm 471 all 95 at c�� C�+. °`y� .Y . ° � ' • Siz `�c �s ��K ""�° ^^�" �� -d *��'�' � ET YRRR$# Ey$� Y4Y ���g� 5�6 MI D -A?4 pl I NIB nY- , o pi I Sk, is If J!! kill I it AM a \ Ill pill fig o jig, I il '10 flit if p x? It is 1911op! 1. 1 9. fill 11 ',11111,11111 I -fit lit I if 11 IV bly lit LEIIIIIII 'FA � MA �j s tr3sse• w VICINITY MAP l(IpO7SE -- -_ - - i 2' S 7T03' 1 + EWO Esol 1 N.iS AS Me0f�t0 « 26 Z PLO. N- - -1 ; 50.26 PRd!'0ttt 6 CURRENTLY 3 ; L _ - - - - 4' 45 Oµ 1 401 WATERCRESS pm DRWE er A103 PROPERTY. Luc - (� _ ' 404 - Wetlands- 2 403 WATERCRESS Df15YE ti• I I 91 c (>B� I: KOM 3 405 WATERCRESS ORNE - -�•i � i W i --- _ Jl SECRON-t ��m ~• 4 407 WATERCRESS OM 5 408 WMBidES DR61E 5; 6 411 WATERCRESS 0115YE 7 41 SIT ORK 8 415 MAIERI 9 417 WWQiC1E,SS ORNE I ; , _ �{ 10 419 W MERCES ORIE iw. _ t� 1 i r ne r,o 64 oegn ._ 1 CON 11 421 WATERCRESS WK ' ?'f �� 12 5011 WK CONSERVATION EASEMENT END: 14 SID COME OWN ENDS O R/W (8D / :e, 1 15 507 WATERCRESS ORNE - - - - - - - - 1 NOM G RATS 1 -16 IIHAlL BE ABANDONED AND 16 516 WAFRC(ESS O W ^' ' - - - - - - RE -Recd mm As A CONSYnvAnON EAsmir. 17 514 WATERCRESS OHYE O 1 1 ,9 ; t Bo6ax w IINII a IOW 46 18 512 WIDERCE55ORRPE 9 19 510 0 E7bTES TIM - -- - - -- i y _ •-\ 20 50 WATERCRESS VM Yl a WARMNESS ORNE 22 504 WAERCESORWE --- -- -- --A 23 24 5500 WKI DRIVE ®ttl j I W - i ' c" Coastal Wetlonds • 25 422 WATERCRESOAIYE MI - - - - - - - -I -- \ 27 418 9NIERCRES OW O > @ 420 IMIERIMESS UK 28 418 WATERCRESS DRIVE - - - - -- _ 29 414 WATERCRESS ORK WE ' 30 412 WaRCESS ORNE 31 410 WATERCRESS ORK L - - - - 32 408 WMERC<ES ORK 6 Ta. Its, . I Iw_ ammq I , 33 406 WATERCRESS DW 09 °f 14' Cum. Q u` 34 404 WATERCRESS O W - - - - M >7 35 402 WATERCRESS DANE b -- >t LAVE 36 400 CORMORANT COmR 7 T) "5% RIM RIPARIATR BWFFERI 36 4404 CMIMORN1r COWRf N }� ® , I 404 LINE (SEE NOTE -6) 39 406 CORMORANT GRANT OCHRY z /� 40 408 CORMORANT COURT S ` i li i l 18; 41 410 CORMORANT COWRY - -- - -- - I Coastal Wetlands 42 412 CORMOR TNT 000RT N.ro 17, AL 43 413 CORMORANT COURT _� 14 305 SANDY POW ROW - - - - - _ 45 303 WICYPOWROW �8A ; --- �^'• � 48 1 301 SANDY POW ROAD - _ `� I -' eLaca u EX[SnNO LOTS 17 -215 SHAM BE RE- RFAOROED SEE SHEET 2 _ AS 6 -SNOLE FMILY LDIS ° 47 -52) NO 8� 191 �AC'r+' ' \, am ) AIL A PART a WVER9ICIE. 6EEtlON -/. AREA -1 �i _ ;9, NWTE eWBeRMTeOA :AQ4O ,� N, ; N ODNSR6ICna1 E1C�PCH/O NIO 1LE 404 llEllAH06 ' o WAL REOIRRE PO6AR.Ra NM a. sm as3 2 8A/OETON, NO Z tL,K( -7� i ^qr � � WAIRNIO (RAE ea KA e 6F PNVEWfT ICAO AREA awls/ WARN IMIA4Nr Pao 1• SEWER SERVICE SHALL BE SUPPLIED SY THE CITY OF NEW BERN. P' Z �� - COMMON AREA MemuRN 2. WATER SMWE SHNL DE LRiPLIED BY FIRST CRAVEN SANITARY DISTRICT. PRIOR TO MARCO A"VITIM 7 IIFIM THE 404 KYLANOS MAY BE W$ACT TO THE MS ARMY 9m[ '1 /r PER FM y�n. �1oac COMMON AREA R 601.661.4 SF. IS.69 ACRES DICURNO AREA W11WN R NOTED AOAACENT �, tF� tu"Qi �I I - •--- - - - - -- APPROVED 'RIVERS ORE - PUD'. TAX PARCEL NUMBER ................ ... .......... 2 - 036 -3001 `ro NCDFNR -DCM (CAMA). WOM11" RECIONAL OFFICE ran ........... DEED REFERENCE ......................... 3059 -0158 -SSA MSL. PER ADOPTED FLOOD HAZZARD MAPS DATED 1/28/04. Q. NA B � RE�BIhLEOFFICL. BE SISIEL T 70 THE r Project No. 086 2 -12 - RIVERSHORE k A A N1114 WAS PREVIOUSLY APPROVED TO FOL 0.17 ACE OF 404 WETLANDS BY THE US ARMY COW OF E1POgE>ISiS ANO NCDpIF' -OWD ON MAY 17, 2007. 2 13015 OOIRITRY CM RD.. NEW GM 288 I b II A Y I j 1 aor r sa a A NmoP TtL01TL8VER rwmanOrapoW) m , �2 ; � tmc -- -----NEW s PAVEMENT SECTION ; Ex so E � � ; Sandy "NC Po609 ' I I I s a � j 0► ND' i 1 ®1 NEw SOVt RIOT srAT1oNTaYOauo rA I r�NAmN PP�aaual i ,, m ii2 J it eoao ) 1 1 SondyPOlntRWi 1F09 _ __ -- I I _ —L - '- - -- - -�` __- ax - .is'O,P' -ux -- --A -- - --- ----- ---- - --- - -- - ---- - - - - - - -L - ------------- LEIIIIIII 'FA � MA �j s tr3sse• w VICINITY MAP l(IpO7SE -- -_ - - i 2' S 7T03' 1 + EWO Esol 1 N.iS AS Me0f�t0 « 26 Z PLO. N- - -1 ; 50.26 PRd!'0ttt 6 CURRENTLY 3 ; L _ - - - - 4' 45 Oµ 1 401 WATERCRESS pm DRWE er A103 PROPERTY. Luc - (� _ ' 404 - Wetlands- 2 403 WATERCRESS Df15YE ti• I I 91 c (>B� I: KOM 3 405 WATERCRESS ORNE - -�•i � i W i --- _ Jl SECRON-t ��m ~• 4 407 WATERCRESS OM 5 408 WMBidES DR61E 5; 6 411 WATERCRESS 0115YE 7 41 SIT ORK 8 415 MAIERI 9 417 WWQiC1E,SS ORNE I ; , _ �{ 10 419 W MERCES ORIE iw. _ t� 1 i r ne r,o 64 oegn ._ 1 CON 11 421 WATERCRESS WK ' ?'f �� 12 5011 WK CONSERVATION EASEMENT END: 14 SID COME OWN ENDS O R/W (8D / :e, 1 15 507 WATERCRESS ORNE - - - - - - - - 1 NOM G RATS 1 -16 IIHAlL BE ABANDONED AND 16 516 WAFRC(ESS O W ^' ' - - - - - - RE -Recd mm As A CONSYnvAnON EAsmir. 17 514 WATERCRESS OHYE O 1 1 ,9 ; t Bo6ax w IINII a IOW 46 18 512 WIDERCE55ORRPE 9 19 510 0 E7bTES TIM - -- - - -- i y _ •-\ 20 50 WATERCRESS VM Yl a WARMNESS ORNE 22 504 WAERCESORWE --- -- -- --A 23 24 5500 WKI DRIVE ®ttl j I W - i ' c" Coastal Wetlonds • 25 422 WATERCRESOAIYE MI - - - - - - - -I -- \ 27 418 9NIERCRES OW O > @ 420 IMIERIMESS UK 28 418 WATERCRESS DRIVE - - - - -- _ 29 414 WATERCRESS ORK WE ' 30 412 WaRCESS ORNE 31 410 WATERCRESS ORK L - - - - 32 408 WMERC<ES ORK 6 Ta. Its, . I Iw_ ammq I , 33 406 WATERCRESS DW 09 °f 14' Cum. Q u` 34 404 WATERCRESS O W - - - - M >7 35 402 WATERCRESS DANE b -- >t LAVE 36 400 CORMORANT COmR 7 T) "5% RIM RIPARIATR BWFFERI 36 4404 CMIMORN1r COWRf N }� ® , I 404 LINE (SEE NOTE -6) 39 406 CORMORANT GRANT OCHRY z /� 40 408 CORMORANT COURT S ` i li i l 18; 41 410 CORMORANT COWRY - -- - -- - I Coastal Wetlands 42 412 CORMOR TNT 000RT N.ro 17, AL 43 413 CORMORANT COURT _� 14 305 SANDY POW ROW - - - - - _ 45 303 WICYPOWROW �8A ; --- �^'• � 48 1 301 SANDY POW ROAD - _ `� I -' eLaca u EX[SnNO LOTS 17 -215 SHAM BE RE- RFAOROED SEE SHEET 2 _ AS 6 -SNOLE FMILY LDIS ° 47 -52) NO 8� 191 �AC'r+' ' \, am ) AIL A PART a WVER9ICIE. 6EEtlON -/. AREA -1 �i _ ;9, NWTE eWBeRMTeOA :AQ4O ,� N, ; N ODNSR6ICna1 E1C�PCH/O NIO 1LE 404 llEllAH06 ' o WAL REOIRRE PO6AR.Ra NM a. sm as3 COASTAL WERANOS LIE (SEE NOTE-?) WYEt NAARIAN UUFEEA ; -M 404 WETLANDS LINE (SEE NOTE -6) AL ONN11 K@ ECNO 1 < -- - text sANRANRr f a (LOTS 41 100 -L aE- N -if WMANDS LINE (SEE MOTES) jil jd 404 Wetlands 8iE= 1 i31 ��s I r - -- 4 I �1L4 1 I I I I s I 1 RIAL F. jgia4 091 Mg aw°aai'°dN1�"D` of 120' W61-11V 0JFFJ Fwwolr I "♦ 404 TERNOS UNEr!/ Qj- % ♦ 404 k Coastal Wetlands ® � 404 Wetlands -0 ww" solo R a9i = AT A aNIDAWTIN eAmtq SEC770f, - \ ♦\ �ways /// A EC C "E "-�' m EASE CAROLINA CONSULTING a. ~C,s,�i. Wrp,Y . ara�r,l aN mNa.a�ti NC.lteP ■p� ale. m-aPa LVID omp%IWa • OWING IGINOQ POWADW M EOPL6 I I - W7i�__- �EX6I 15' RCP k tl "ice' -7� i ^qr NOTES WAIRNIO (RAE REFERENCE: AND BOAT DOCK ACCESS THROUGH AREA awls/ WARN IMIA4Nr Pao 1• SEWER SERVICE SHALL BE SUPPLIED SY THE CITY OF NEW BERN. & A CLEARING PERMIT R REaANED FROM THE CITY OF NEW BERN POOR - COMMON AREA MemuRN 2. WATER SMWE SHNL DE LRiPLIED BY FIRST CRAVEN SANITARY DISTRICT. PRIOR TO MARCO A"VITIM 7 IIFIM THE 404 KYLANOS MAY BE W$ACT TO THE MS ARMY - PC K S 6-A CENTERED ON STRUCTURE AS INSTALLED. - WB 2, PG 69 �1oac COMMON AREA r y,r " !� 601.661.4 SF. IS.69 ACRES DICURNO AREA W11WN R NOTED AOAACENT �, tF� � •riT i APPROVED 'RIVERS ORE - PUD'. TAX PARCEL NUMBER ................ ... .......... 2 - 036 -3001 4. PROPERTY IS LOCATED WITNIN FLOOD ZCPE 'AE'. BASE FLOW ELEVATION COASTAL WERANOS LIE (SEE NOTE-?) WYEt NAARIAN UUFEEA ; -M 404 WETLANDS LINE (SEE NOTE -6) AL ONN11 K@ ECNO 1 < -- - text sANRANRr f a (LOTS 41 100 -L aE- N -if WMANDS LINE (SEE MOTES) jil jd 404 Wetlands 8iE= 1 i31 ��s I r - -- 4 I �1L4 1 I I I I s I 1 RIAL F. jgia4 091 Mg aw°aai'°dN1�"D` of 120' W61-11V 0JFFJ Fwwolr I "♦ 404 TERNOS UNEr!/ Qj- % ♦ 404 k Coastal Wetlands ® � 404 Wetlands -0 ww" solo R a9i = AT A aNIDAWTIN eAmtq SEC770f, - \ ♦\ �ways /// A EC C "E "-�' m EASE CAROLINA CONSULTING a. ~C,s,�i. Wrp,Y . ara�r,l aN mNa.a�ti NC.lteP ■p� ale. m-aPa LVID omp%IWa • OWING IGINOQ POWADW M EOPL6 I I - W7i�__- �EX6I 15' RCP k \ \ l u K eJ 10 t AOLET F:49WLF17ir �i' � . J ^ ♦* �� � � � 440 s \� -R � �� u, CONSERVATION EASEMENT • Z/pIond@ I 1,,r =' &.sR am 4 ENDS O SECTION uNE •:� \ _ - I ® , q AL JL `•\ ('\ 4Q4 Wetlands ; "f WN/aONiAREA & f g 4 �� •�•/ AL AL L LBE 404 WETLAJOS i � 1 AL ` . 404 Wetlands fLAWEN c COMMON AREA)E AL A`! 1' ' ;: • { ' ' ' ? / OMMON AREA l _ 4�7 LEGEND: 11 .X, J rl I I ti tam e1aW W. Aa JJJccc,,.`7� -1I= AD&& P LINE _ � � I J ; � r ! � �- ��'p°� /!� 1 SECTION -1 °°` `� `�2� .p� I /�I AV COMMON AREA FENCE -- RIWT OF WAY ®---� 1; N 1 - N tFT J6 JeF / s 'L` •,�' • (/ I 9 E p O N DN G R/W . TaaRr OF WAY 7A 1 I ; , , 1 pr• S OrI2* Y ¢ 'p� s� M{ �l it �. A I�1/N y a► 6 61Ar 1P1 J ,u ,u x 1 /� TP : T�uaEEPEDESTAL o a \ \\ 1 CID \�' ((( Coastal Wetlands Ii . - SLOW-OT LnWTY POLE �, , I ; ;l e 6. _'" \ \ 9 \ {t� \\ \\ tear rlAm>•Na' wow /'• e ! Q �� ^.• GN/aEr. OVE6EAO ELECT= ' I � , % \\ s� (�� \\ ca, \ \ \ Ti:� / �` � '� FN EIRE NYORNRT �j 7 I t �i -- L L1 \ \ \\ \\ \\ `& I C/ iVc illy _— -- 1.11•- .A.. \. z� I S : SAIIA MV SSEYFR - -_- - -{E6)' 4; I f \\ 1\ \ (a. \\ ypt•lb\ \ \ ? I \\ t WN� ` F ' I I PH - Post (OR ETRISIMM HYDRANT I; ' • , \ u l►a' \ 1 \ \ •�. v) r� _ jk SETBACKS -- _ � 1. �: {?% \\ \\ t4� aa\4u0sA\py� me T - tA61AAE u \\ ,u`'\ �� W SWW FRONT ......................15' I `- \ TI-1/ \ 6W68R =LO �, A.�,O' ACCESS €ASEMENT lUa BE - SIIOE ......................I6' W4ieIOaA1YA'DNEA \I \ RESERVED FOR FUTURE WALKWAY --- ___ > AND BOAT DOCK ACCESS THROUGH N e u s e R i v e r REAR..........._...... 15 I 11 THE CONSERVATION EASEMENT, ^ S& SW, ON SITE DATA: (TOTAL DEVELOPMENT) CENTERED ON STRUCTURE AS INSTALLED. TOTALACREAGE..._ .......... ..........................73.14 UPLANDS. ........... ....................................... 20.70 C 0-M P 0 St T E P L A W �- INE7L.ANDS. ... _.._......... .... ..........................52.44 NO. OF LOTS...._ .......... .............................52 100 50 0 100' LF IN STREET .......... ............................... «2.637 LF 1'= 100' -0A' A 30' ACCESS EASEMENT SH LL BE / ACREAGE IN R/W.. ..... ..... .......................3.35 RESERVED FOR FUTURE W Y ml COMMON AREA NOTES WAIRNIO (RAE REFERENCE: AND BOAT DOCK ACCESS THROUGH AREA awls/ WARN IMIA4Nr Pao 1• SEWER SERVICE SHALL BE SUPPLIED SY THE CITY OF NEW BERN. & A CLEARING PERMIT R REaANED FROM THE CITY OF NEW BERN POOR - COMMON AREA MemuRN 2. WATER SMWE SHNL DE LRiPLIED BY FIRST CRAVEN SANITARY DISTRICT. PRIOR TO MARCO A"VITIM 7 IIFIM THE 404 KYLANOS MAY BE W$ACT TO THE MS ARMY - PC K S 6-A CENTERED ON STRUCTURE AS INSTALLED. - WB 2, PG 69 �1oac COMMON AREA r y,r " !� 601.661.4 SF. IS.69 ACRES DICURNO AREA W11WN R NOTED AOAACENT �, PONDS AW-15 (OWUMM AREA WITHIN LOTS) CONTAC AAA HAMM, PLS), P.O. BOX 2760. WINTERNUE, NO 28600 EXISTING POND APPROVED 'RIVERS ORE - PUD'. TAX PARCEL NUMBER ................ ... .......... 2 - 036 -3001 4. PROPERTY IS LOCATED WITNIN FLOOD ZCPE 'AE'. BASE FLOW ELEVATION NCDFNR -DCM (CAMA). WOM11" RECIONAL OFFICE ran \ \ l u K eJ 10 t AOLET F:49WLF17ir �i' � . J ^ ♦* �� � � � 440 s \� -R � �� u, CONSERVATION EASEMENT • Z/pIond@ I 1,,r =' &.sR am 4 ENDS O SECTION uNE •:� \ _ - I ® , q AL JL `•\ ('\ 4Q4 Wetlands ; "f WN/aONiAREA & f g 4 �� •�•/ AL AL L LBE 404 WETLAJOS i � 1 AL ` . 404 Wetlands fLAWEN c COMMON AREA)E AL A`! 1' ' ;: • { ' ' ' ? / OMMON AREA l _ 4�7 LEGEND: 11 .X, J rl I I ti tam e1aW W. Aa JJJccc,,.`7� -1I= AD&& P LINE _ � � I J ; � r ! � �- ��'p°� /!� 1 SECTION -1 °°` `� `�2� .p� I /�I AV COMMON AREA FENCE -- RIWT OF WAY ®---� 1; N 1 - N tFT J6 JeF / s 'L` •,�' • (/ I 9 E p O N DN G R/W . TaaRr OF WAY 7A 1 I ; , , 1 pr• S OrI2* Y ¢ 'p� s� M{ �l it �. A I�1/N y a► 6 61Ar 1P1 J ,u ,u x 1 /� TP : T�uaEEPEDESTAL o a \ \\ 1 CID \�' ((( Coastal Wetlands Ii . - SLOW-OT LnWTY POLE �, , I ; ;l e 6. _'" \ \ 9 \ {t� \\ \\ tear rlAm>•Na' wow /'• e ! Q �� ^.• GN/aEr. OVE6EAO ELECT= ' I � , % \\ s� (�� \\ ca, \ \ \ Ti:� / �` � '� FN EIRE NYORNRT �j 7 I t �i -- L L1 \ \ \\ \\ \\ `& I C/ iVc illy _— -- 1.11•- .A.. \. z� I S : SAIIA MV SSEYFR - -_- - -{E6)' 4; I f \\ 1\ \ (a. \\ ypt•lb\ \ \ ? I \\ t WN� ` F ' I I PH - Post (OR ETRISIMM HYDRANT I; ' • , \ u l►a' \ 1 \ \ •�. v) r� _ jk SETBACKS -- _ � 1. �: {?% \\ \\ t4� aa\4u0sA\py� me T - tA61AAE u \\ ,u`'\ �� W SWW FRONT ......................15' I `- \ TI-1/ \ 6W68R =LO �, A.�,O' ACCESS €ASEMENT lUa BE - SIIOE ......................I6' W4ieIOaA1YA'DNEA \I \ RESERVED FOR FUTURE WALKWAY --- ___ > AND BOAT DOCK ACCESS THROUGH N e u s e R i v e r REAR..........._...... 15 I 11 THE CONSERVATION EASEMENT, ^ S& SW, ON SITE DATA: (TOTAL DEVELOPMENT) CENTERED ON STRUCTURE AS INSTALLED. TOTALACREAGE..._ .......... ..........................73.14 UPLANDS. ........... ....................................... 20.70 C 0-M P 0 St T E P L A W �- INE7L.ANDS. ... _.._......... .... ..........................52.44 NO. OF LOTS...._ .......... .............................52 100 50 0 100' LF IN STREET .......... ............................... «2.637 LF 1'= 100' -0A' A 30' ACCESS EASEMENT SH LL BE / ACREAGE IN R/W.. ..... ..... .......................3.35 RESERVED FOR FUTURE W Y ACREAGE IN COMMON AREA.. 8.78 NOTES REFERENCE: AND BOAT DOCK ACCESS THROUGH ACREAGE IN CONSERVATION AREA ..........42.s2 AVERAGE LOT SZE SF/0.35 AC. 1• SEWER SERVICE SHALL BE SUPPLIED SY THE CITY OF NEW BERN. & A CLEARING PERMIT R REaANED FROM THE CITY OF NEW BERN POOR - OB 30614 PG IM THE CONSERVATION EASEMENT, ........... .........................15,522 EXISTING ZONING ............. .......................ASF/R -10 2. WATER SMWE SHNL DE LRiPLIED BY FIRST CRAVEN SANITARY DISTRICT. PRIOR TO MARCO A"VITIM 7 IIFIM THE 404 KYLANOS MAY BE W$ACT TO THE MS ARMY - PC K S 6-A CENTERED ON STRUCTURE AS INSTALLED. - WB 2, PG 69 CURRENT LAND USE.. ...... .........................VACANT 1 INFCIWATICII bUPAED LO D FAVEL CAROIL . SURVE•A0R5. PILC 1E7LAlID LOCA110N A10110 RIVFRAOE OIL 6 SANDY PANT Im.) .ACWTIES CORP DP ENGINEERS REp1LA1ONS -TMs CIUWWC CONTAINS INFORMATION fWLAIm TO IEIE PREVIOUSLY PROPOSED LAND USE ...... .........................SINGLE FAMILY CONTAC AAA HAMM, PLS), P.O. BOX 2760. WINTERNUE, NO 28600 0. AC f%TIE5 WIHN THE COASTAL RnRANDS MAY K SUBECT TO THE APPROVED 'RIVERS ORE - PUD'. TAX PARCEL NUMBER ................ ... .......... 2 - 036 -3001 4. PROPERTY IS LOCATED WITNIN FLOOD ZCPE 'AE'. BASE FLOW ELEVATION NCDFNR -DCM (CAMA). WOM11" RECIONAL OFFICE - ENOINEE! OF RECORD: AVOLSIS ENCINEDW4 P.A. ........... DEED REFERENCE ......................... 3059 -0158 -SSA MSL. PER ADOPTED FLOOD HAZZARD MAPS DATED 1/28/04. Q. NA B � RE�BIhLEOFFICL. BE SISIEL T 70 THE - SURVEYOR OF RE� 15W NEW VJRWVWC A, WK NO OEM. P.A. Project No. 086 2 -12 - RIVERSHORE k A A N1114 WAS PREVIOUSLY APPROVED TO FOL 0.17 ACE OF 404 WETLANDS BY THE US ARMY COW OF E1POgE>ISiS ANO NCDpIF' -OWD ON MAY 17, 2007. 13015 OOIRITRY CM RD.. NEW GM 288 ,sous IN s Mann. ,IS m Car aaauwa AAa -IM leit IN- NaeuNV P.wa me w Ww wart omW ans a um— aaaAANOt NP ■ iRiYPAYNIap 9 4, 0 m CUP M'M,IMINAR. J[ UTILITY PROVIDERS: SEWER -• CITY OF HLV BERN WATER - FIRST CRAVEN SANITARY OISIPICT ELECTRIC - PROMW ENERGY 713.8410HE - CFNTuwd NN CABLE N - SUOOEMAOC REIISE - a Y OF NEW 8FRN Owner /Contact Info: AXIS PROPERTY. LLC C/o Chris Bash 205 POUcak St. Now 06m, NC 213580 I -i siwal yw.aa a_ Co z� „;g nm N Qf a8� i LLJ W1-Ion U 'PE N ZoN�v Na W z'�Yi AF <sg� V) �aBmF O:J xCN Q w ate. AQ Z W 0 ° Q 3 o a a. o z z 1 7 y U I.1 c / w ] 0 U U IIJY� c O 0 U SECTION -1 SITE DATA: TOTAL ACREAGE ............... ..........................45.39 UPLANDS (Ind. Boyslde R/W) ...................2.26 �1 I WETLANDS........................ ..........................43.13 NO. OF LOTS ............... ..............................9 �� 3, DISTURBED ACREAGE ...... ...........................3.53 o PROPOSED 404 FILL AREA ........................0.10 AC. EXISTING ZONING ................. .......................A5F /R -10 m CURRENT LAND USE ......... .........................VACANT - CRAVEN COUNT PROPOSED LAND USE ....... .........................SINGLE FAMILY - '- -o — IETJ AREA TAX PARCEL NUMBER ... .............................2 - 036 -3001 v �� ZONING R -10 DEED REFERENCE ............... ........................3059 -0156 a~S \� 5� 1 1 1 I I fiff� ljj l Y LIMITS�m �16� i l II I ZONE R -10 (17% 1 1 �18� I V PROPOSED 404 WETLAND F0L CIMIN9 COASTAL RETLAND Lao° (PREMOUSIr VOURED BY wW I 1 i saw —_ 1` i I' EIGSTOIO 404 RETLAND LRE - _ _ TILT FENCE (PRENOUSLY TERFE'D By 1 (Fw ALaNO ALL TF@ LA AFIW CORP) Y,tfj 47 RuL AREAS) JJ / COASTAL VEILANDS PROPOSED 404 TETLAND nLL r ,111. axw I o i = I ` ' 48 I I ; 00' RIPARIAN BUFFER 1 1, 1I, "Dw alt, i / 49 I 1, TYPICAL 404 —FILL AREA DETAIL NOT TO SCALE PROPOSED 404 WETLAND FILL LEGEND: # AREA Wi 0.10 AC. LPrajeot No. 086 2 -12 — RIVERSHORE oaenw s at IOlaal O as W. am Naa1nR W1 ..n os.dR, atamm4at Oaa41 of alts d N e.aai � 1a..a.Oaaan a Tat tae a..RM ea�4i.la � a -1.1 L.. ,.... /ETJ AREA— — ItiE ZONING R -10I 122) I '� I ,, to — — — N Ito 11 I I 1 I X23, I I I I 1 41TARY SEWER /EN COUNTY f24i I i JJ AREA _ _ 1 NING R -10 I l ._` I I i _ - -126 I _ R -10 67' CID ' '2' I I CRAVEN COUNTY /ETJ AREA �. ZONING R -10 -- I I- - I r - -- - CRAVEN ZIN AREA G R 10 AREA -1 (Riverside Dr., Proposed Lots 47 -52 50 2s 0 50' 1' =50' -0' RUMNARY Owner /Contact Info: AXIS PROPERTY. LLC I Chris Base 205 Pollock SL Now Barn, NC 28560 `a 9W"M MOMPa PE Q Cl- F z Ed � w Z LLJ2 Lji Iq zon9A azi 155 tj ED Z' � �gg4 a1m F. (D dgp �Z�m c� 011111111 v c 0 L z W ° z N ° v a L_L_. L r O 0 r O L o = mzo a ' V J n z � t I v I.I C Lij � D „ o (L — U U 0 U owp.Aj 0.a ON 1 'Evans AI AE CC EASE CAROLINA mNSUL71NG Tra. . e�.aaa . 4iaau . arr . a.au.w ` Z Z k G 1'QID_MWAL WETLANDS • (-14 ; SURVEY I -I C COAS IAL WETLANDS LINE J 5 ! 50' NEUSE R RIVER RIPARIAN BUFFER ! 0 404 _ _ PR0E0* 4 404 FILL AREA (TYP.) IWETLANDS LINE Wi I 16; TJ � Coastal Wetlands —� I I T �\ — Ii / � All,I, f- _ _ N - -' BLOCK M E EXISTING LOTS 17 -26 SHALL BE RE- RECORDED AS 6- SINGLE FAMILY LOTS ( #'d 47 -52) AND BE al 1 1 A 0.32 a A PART OF RIVERSHORE, S (REFERENCE: MAP BOOK 2. PAGE 69) alt. NOTE: �' 4 49 " 1 C CONSTRUCTION ENCROACHING INTO THE 404 WETLANDS Lo 1 1x sF "� W WILL REQUIRE USACE PERMIT. (_ AC �� �� 81° —I W - - J C COASTAL WETLANDS LINE g �t 21 a C" 5 50' NEUSE RIVER RIPARIAN BUFF . .-. mop _ $ 4 404 WETLANDS LINE j j �00 M Mi, W W B OCK® of 1 217 I A B 1a L39 Z Z %q ' F- N I I f X X35 \-' � Z Z 2 -\ I t 26� X55 � �g4 ��1 - - -- ' O O - CRAVEN ZIN AREA G R 10 AREA -1 (Riverside Dr., Proposed Lots 47 -52 50 2s 0 50' 1' =50' -0' RUMNARY Owner /Contact Info: AXIS PROPERTY. LLC I Chris Base 205 Pollock SL Now Barn, NC 28560 `a 9W"M MOMPa PE Q Cl- F z Ed � w Z LLJ2 Lji Iq zon9A azi 155 tj ED Z' � �gg4 a1m F. (D dgp �Z�m c� 011111111 v c 0 L z W ° z N ° v a L_L_. L r O 0 r O L o = mzo a ' V J n z � t I v I.I C Lij � D „ o (L — U U 0 U owp.Aj 0.a ON 1 'Evans AI w it 0 x C" CA N N N t0 04 O 00 Z Z U U N N 00 o_ a DWI SOUTH STREET — NCSR 1606 r t_) 1 �+ l s) — 1 / ;12; ----------- 4 m 1 (14 ga 18` - TY LMITS_m - -- - Le, Ih-a, _ 20= ---- -__(22 �m 1 iss a _1 1r3s'ss' w BURNHURST ROAD 5D.o2' zoNE R -10 �NCSR 1604 — ® — J L _ — I 1717'07' E - —I L�� pN _ _ - S0'01 SANDY POINT ROAD NCSR -1609 20' ACCESS ESMT. p5 S 77'17'30' E 523.81' TL 50' Public R/W (Pwnt Varies) 9 °' so.00 ps 1 BEACH STREET /' /' a 1 NCSR 1608 e ' '/ ' +gym 45 44 ,/ / ,/ 2 .53 AC# 0.53 AC ' /'/ /'' / ' od 1 d - I 14 N �iV N/' /' ✓/' J, l/1' O i WO /I ir / AXIS PROPERTY, LLC Do 3059. P. 156 ZONE R -10 r / I, V A- ' A 30' ACCESS EASEMENT SHALL BE RESERVED FOR FUTURE WALKWAY AND BOAT DOCK ACCESS THROUGH THE CONSERVATION EASEMENT, ' ✓ /' CENTERED ON STRUCTURE AS INSTALLED. COAST /AL WFj'fLAN Dy/ C CAU4A. AEC ' OASY6 LINE, SU5)& 8Y OTHOW 5,87'53'35' W . ,17.71' \ 11 19.48' � � 1 •TO CRAY" a M PROPOM Cr M COASTAL CMOIMA MKttM. P L , My UIK OO M 16N07M M WKAY OR WX or IM MA04 UUM WMM aOMgDR OF nR OWtAL O OMM �/I *M R!C O 101MI r 9 34 /119.19' +"�'r =wrN 77'02'4 -i N E U S E ti 100 50 V 100' Oraphlc Scale: 1'= 100' -0" "MATCHLINE" AXIS PROPERTY, LLC 08 3059, P. 156 \♦ ��o J I/ / j> \ r Q , N I It V) I/ LLJ / \ / / / ` k N 4rO6'55' W 44.01' 'A , DASHED UNE, SURVEY OTHERS '�� / ,\� Q•�w ' / 4. V 4q ' A 30' ACCESS EASEMENT SHALL BE RESERVED FOR FUTURE ' WALKWAY AND BOAT DOCK ' ACCESS THROUGH THE ✓� CONSERVATION EASEMENT, / CENTERED ON STRUCTURE AS INSTALLED. AXIS PROPERTY, LLC DS 3059. P. 156 ONE R -10 "MATCHLINE" CONCEPT PLAN FOR CONSERVATION EASEMENT R I V E R S H 0 R E S E C T 1 0 N O N E g Township #2 June 14, 2012 Craven County North Carolina Coastal Carolina Surveyors, PLLC °f °"n by. Hon ' LAND SURVEYORS P -0790 Checked by- KB W PO Box 908, Atlantic Beoch, NC 28512 Approved by. K8 Cell (252) 702 -1427, FAX (252) 321 -8621 Date: 6/14/12 SHEET 1 OF 1 kenbi99810yahoo.com Scale: 1' = 100'