20210189 Ver 1_401 Application_20210415

Staff Review Form
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
6* Yes r No
ID#* Version* 1
20210189
Is this project a public transportation project?*
r Yes
r No
Reviewer List:* Paul Wojoski:EADS\pawojoski
Select Reviewing Office:* Central Office - [phone]
Does this project require a request for payment to be sent?*
Yes
r
No
How much is
owed?*
r $240.00
r $570.00

Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:*
✓ For the Record Only (Courtesy Copy)
✓ New Project
✓ Modification/New Project with Existing ID
✓ More Information Response
✓ Other Agency Comments
✓ Pre -Application Submittal
✓ Re-Issuance\Renewal Request
✓ Stream or Buffer Appeal
Pre -Filing Meeting Information
Pre -Filing meeting request information is not needed for this project.
Project Contact Information
Name: Jon Swaim
Who is submitting the information?
Email Address: [e-mail]
Project Information
Existing ID #:
20210189
20170001 (no dashes)
Project Name: Martin Marietta Park Project
Is this a public transportation project?
r Yes
a No
Existing Version:
1
1
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
a Yes r No r Unknown
County (ies)
Craven
Please upload all files that need to be submited.

Click the upload button or drag and drop files here to attach document
Martin Marietta Park - Revised (PCN) Pages
113.52KB
041321.pdf
MM Park Design Plans & Impacts 041321.pdf 7.51 MB
USFWS Letter - Martin Marietta 021120.pdf 2.25MB
Buffer Variance Application (1).pdf 167.37KB
Pre -Construction Notification (PCN) Form -
232.96KB
Submitted 012721.pdf
Only pdf or krrz files are accepted.
Describe the attachments
or comments:
Sign and Submit
17 By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
age 45,.kze;9577.
Submittal Date: Is filled in automatically.

x
W1 Fill P Non-Tidal Freshwater Marsh YesWetland G Both
W2 Fill P Non-Tidal Freshwater Marsh Shoreline Wetland No Both
Impact W1 associated with fill material for proposed swim beach. Impact W2 associated with fill material for trail improvements.
x
DESIGN PLAN ANDIMPACT MAPCRAVEN COUNTY, NORTH CAROLINACITY OF NEW BERNMARTIN MARIETTA PARK PROPERTY1FIGURE4/13/21 REVISED20.01703DATEPROJECT #P:\2020\20.01703-NEWBERNNC-MARTINMARIETTA STORMWATER PERM\DESIGN\PERMITS\PCN\DRAWINGS AND FIGURES\MM PARK DESIGN PLANS 031821.DWG PLOT DATE 4/13/2021 12:48 PM JON SWAIM
JURISDICTIONAL WETLANDS AND WATERS IDENTIFIED ONTHIS MAP HAVE BEEN LOCATED WITHIN SUB-METERACCURACY UTILIZING A THALES MAPPING GRADEGLOBAL POSITIONING SYSTEM (GPS) AND THESUBSEQUENT DIFFERENTIAL CORRECTION OF THAT DATA.GPS POINTS MAY DEMONSTRATE UNCORRECTABLEERRORS DUE TO TOPOGRAPHY, VEGETATIVE COVER,AND/OR MULTIPATH SIGNAL ERROR. NOTE: THE ILLUSTRATED WETLAND AND STREAMLOCATIONS ARE APPROXIMATE. THESE AREAS HAVE BEENFLAGGED IN THE FIELD; HOWEVER, THEY HAVE NOT BEENSURVEYED. ALTHOUGH MCGILL ASSOCIATES, P.A.(MCGILL) IS CONFIDENT IN OUR ASSESSMENT, THE USARMY CORPS OF ENGINEERS IS THE ONLY AGENCY THATCAN MAKE FINAL DECISIONS REGARDINGJURISDICTIONAL WETLAND AND WATERS OF THE USDELINEATIONS. THIS MAP WAS PREPARED BY MCGILL USING THE BESTINFORMATION AVAILABLE TO MCGILL AT THE TIME OFPRODUCTION. THIS MAP IS FOR INFORMATIONALPURPOSES ONLY AND SHOULD NOT BE USED TODETERMINE PRECISE BOUNDARIES, ROADWAYS,PROPERTY BOUNDARY LINES, NOR LEGAL DESCRIPTIONS.THIS MAP SHALL NOT BE CONSTRUED TO BE AN OFFICIALSURVEY OF ANY DATA DEPICTED.LegendBUFFERZONE 1BUFFERZONE 2WETLANDSTREAMIMPACTS TABLEFEATUREIMPACT TOTALBUFFER ZONE 1(ALLOWABLE)0.50-ACRES (22,470SF)BUFFER ZONE 2(ALLOWABLE)0.22-ACRES (9,610SF)WETLAND G0.068-ACRESOPENWATERDIVISION VALUE = FEETGRAPHIC SCALE10000500100020001000FISHINGPIEREXISTINGTRAILPROPOSEDTRAILPROPOSEDBRIDGEZONE 1IMPACTZONE 2IMPACTWETLANDIMPACTDIVISION VALUE = FEETGRAPHIC SCALE800408016080SILTFENCEBUFFER ZONE 1(MAJOR VARIANCE)0.04-ACRES (1,731SF)BUFFER ZONE 2(MAJOR VARIANCE)0.08-ACRES (3,290SF)SHORELINE WETLAND0.032-ACRESDIVISION VALUE = FEETGRAPHIC SCALE800408080
3'-0"2'-0"26"8'-0" MAXIMUMNATURAL SURFACE TRAILUPDATED JANUARY 2021NOT TO SCALETEMPORARY SILT FENCEUPDATED JANUARY 2021NOT TO SCALECOIR MATTING DETAILPLANELEVATION··®··®·®®NOT TO SCALE·®®®®PEDESTRIAN BRIDGEUPDATED JANUARY 2021NOT TO SCALE
MARTIN MARIETTA FISHINGPIER (TYP)EXISTING PILING58" GALVANIZED CARRIAGE BOLTSH8 SIMPSONHURRICANE TIEBOTH SIDES OFPILING HEADERS2x12 #2 GROUND CONTACT STRINGERS 16" O.C.6'-0"58" GALVANIZED CARRIAGE BOLTS2X8 #1 GROUND CONTACT CAP BOARD2X6 #1 GROUND CONTACT RAILINGS6X6 #2 GROUND CONTACT HAND RAIL POST2X12 #2 GROUND CONTACT HEADER2X12 #2 GROUND CONTACT 3' SCAB8" PILLING 12' +/- O.C.2X12 #2 GROUND CONTACT HEADER58" GALVANIZED CARRIAGE BOLTS2x12 #2 GROUND CONTACT STRINGERS 16" O.C.58" GALVANIZED CARRIAGE BOLTS8'-0" O.C.2X12 #2 GROUND CONTACT PURLINFOR HANDRAIL STRENGTH2X6 #1 GROUND CONTACT DECKING6X6 #2 GROUND CONTACT HAND RAIL POST8'-0" O.C.6X6 #2 GROUND CONTACT HAND RAIL POST2X6 #1 GROUND CONTACT DECKING40'0"10'0"FISHING PIER AND WALKWAY
“”“”NATIVE PLANT SEEDING MIX FOR SHORELINE STABILIZATION

MCGILL ASSOCIATES 1013 STATE FARM ROAD, BOONE, NC 28607 / 828.386.1920 / MCGILLASSOCIATES.COM

Shaping
Communities
Together

February 11, 2020

Mr. John Hammond
Fish and Wildlife Biologist
Raleigh Field Office
551-F Pylon Drive
Raleigh, North Carolina 27606

RE: City of New Bern Martin Marietta Park Project
Request for Consultation
Craven County, North Carolina

Dear Mr. Hammond:

The City of New Bern plans to construct a community park on the former Martin
Marietta quarry property located along South Glenburnie Road within the City of
New Bern city limits. Proposed park features include covered picnic shelters and
picnic tables, playground equipment, vehicular access, roads and parking,
boathouse building, swim area and water based recreation, amphitheater, and
convenience facilities within the main park area. Parkwide amenities will also
include greenway trails, natural surface trails, observation/viewing platforms,
campsite areas, and environmental education kiosks. Park features are designed
to avoid impacts to jurisdictional areas and avoid mature tree removal as much as
is practical. See attached Park Features Map.

A threatened and endangered (T&E) species survey was conducted on January 21
and 22, 2020 by McGill Associates biologist. The majority of the site was historically
used for mining sand and marl material resulting in mass grading and vegetation
removal. The water within the three lakes is fresh as it receives flow from three
unnamed tributaries and outlets to the Neuse River. Vegetation in the main park
areas consists of scrub shrub species including eastern red cedar (Juniperus
virginiana), black willow (Salix nigra), wax myrtle (Morella cerifera), common reed
(Phragmites australis), and big bluestem (Andropogon gerardii). The hiking/biking
trails and campground areas, and overflow parking area consist of mixed mature
pine and hardwood species and scrub shrub riparian species. Mature tree species
in these areas includ long leaf pine (Pinus palustris), loblolly pine (Pinus taeda),
shortleaf pine (Pinus echinata), sycamore (Platanus occidentalis), tulip poplar
(Liriodendron tulipifera), and red maple (Acer rubrum). The T&E survey was
concentrated in these areas and completed for Rough-leaved loosestrife
(Lysimachia asperulaefolia), Red-cockaded Woodpecker (Picoides borealis)
(RCW), Bald Eagle (Haliaeetus leucocephalus), and Northern long-eared bat
(Myotis septentrionalis) (NLEB).

The riparian and shoreline edges of the aforementioned areas were closely
surveyed for Rough-leaved loosestrife presence. No plants were found during the
site visit; however, the survey was completed outside of the best search time of mid-
May through September. According to historical aerial photography, the shoreline
and forested areas have been cleared, maintained, and used for mining purposes
Mr. John Hammond
2 of 2

MCGILL ASSOCIATES 1013 STATE FARM ROAD, BOONE, NC 28607 / 828.386.1920 / MCGILLASSOCIATES.COM
as recently as 1993. While species presence is unlikely due to the disturbed nature
of the site, McGill Associates reached an inconclusive determination for Rough-
leaved loosestrife.

Mature pine tree (at least 10-inch dbh) stands were closely surveyed for RCW
presence and cavity trees. No signs of RCW presence or habitat were found during
the survey. Also, park plans intend to avoid removal of any mature trees within the
hiking/biking and campground areas. Development of the overflow parking area
may result in the removal of mature pine trees, but removal will be kept to the
minimum practical. Based on these findings and mitigation measures, McGill
Associates reached a determination of ‘May Affect, not Likely to Adversely
Affect’ for RCW.

All proposed park areas were surveyed for signs of Bald eagle nesting and species
presence. No signs of nesting or species presence were found during the site visit.
Based on these findings, McGill Associates reached a determination of ‘May Affect,
not Likely to Adversely Affect’ for Bald eagle.

Mature hardwood stands were closely surveyed for NLEB presence and potential
habitat. Several mature trees were found to have dead snags, shaggy bark, cracks
and crevices which may provide habitat for NLEB. According to Step 7b. NLEB
project review guidance provided by the USFWS Raleigh Ecological Services Field
Office, the proposed project area is not located within a red highlighted area of the
Red Huc maps listed in Step 7a, does not require prohibited intentional take, and
meets the criteria for the 4(d) rule exemption. Based on these findings, McGill
Associates reached a determination of ‘May Affect, not Likely to Adversely
Affect’ for NLEB.

Please provide any comments regarding concerns or other issues of significance
that may affect this project. We look forward to your comments on this matter.If you
have any questions, feel free to contact me at our office phone number of (828) 386-
1920 or my email address [e-mail].

Sincerely,
MCGILL ASSOCIATES, PA
JON SWAIM
Project Manager / Environmental Services

P:\2020\20.01703-NewBernNC-MartinMarietta Stormwater Perm

List of attachments:

1. PARK FEATURES MAP
2. USGS MAP
3. LOCATION MAP
PROPERTY LINE
HIKING/BIKING
TRAILS
HIKING/BIKING
TRAILS AND
CAMPGROUND AREA
MAIN PARK AREAS
TRAILS, PARKING,
AMPHITHEATER,
PICNIC SHELTERS,
KAYAK LAUNCH, ETC.
PROPERTY LINE
OVERFLOW
PARKING
PARK FEATURES MAP 1
FIGURE
CRAVEN COUNTY, NORTH CAROLINA
CITY OF NEW BERN
MARTIN MARIETTA PARK1/20/20
DATE
20.01703
PROJECT #
MN
PROJECT MANAGER
P:\2020\20.01703-NEWBERNNC-MARTINMARIETTA STORMWATER PERM\DESIGN\PERMITS\JD\FIGURES FOR USFWS.DWG PLOT DATE 2/11/2020 4:34 PM JON SWAIM1013 State Farm Road
Boone, NC 28607
828.386.1920
NC Firm License # C-0459
mcgillassociates.com
DIVISION VALUE = FEETGRAPHIC SCALE
2000 0 2000 4000
2000
1000
DIVISION VALUE = FEETGRAPHIC SCALE
2000 0 2000 4000
2000
1000
USGS MAP 2
FIGURE
CRAVEN COUNTY, NORTH CAROLINA
CITY OF NEW BERN
MARTIN MARIETTA PARK1/20/20
DATE
20.01703
PROJECT #
MN
PROJECT MANAGER
P:\2020\20.01703-NEWBERNNC-MARTINMARIETTA STORMWATER PERM\DESIGN\PERMITS\JD\FIGURES FOR JD.DWG PLOT DATE 1/20/2020 3:13 PM ALEX LOWDERMILK1013 State Farm Road
Boone, NC 28607
828.386.1920
NC Firm License # C-0459
mcgillassociates.com
Study Area
© 2020 Microsoft Corporation © 2019 HERE
DIVISION VALUE = FEETGRAPHIC SCALE
5000 0 5000 10000
5000
2500
LOCATION MAP 1
FIGURE
CRAVEN COUNTY, NORTH CAROLINA
CITY OF NEW BERN
MARTIN MARIETTA PARK1/20/20
DATE
20.01703
PROJECT #
MN
PROJECT MANAGER
P:\2020\20.01703-NEWBERNNC-MARTINMARIETTA STORMWATER PERM\DESIGN\PERMITS\JD\FIGURES FOR JD.DWG PLOT DATE 1/20/2020 2:52 PM ALEX LOWDERMILK1013 State Farm Road
Boone, NC 28607
828.386.1920
NC Firm License # C-0459
mcgillassociates.com
Study Area
Buffer Variance Ap p l ication
15A NCAC 02B .0233 (8)(b), .0243 (8)(b), .0250 (11)(b), .0259 (8)(b), .0267 (11)(c), .0607 (e)(2)
Protection and Maintenance of Riparian Areas Rules - Variance Application
FORM: VAR 10-2018
General Project In formation
For instructions on how to fill out this form, see the M ajor and M inor Variance He lp Docume nt posted on DWR’s 401 & Buffer
Permitting page.
Please note: fields mark ed with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions
are answered.
1a. Is this a transportation proje ct?*
1. Type of Variance :
Link to the 401 and Buffer Permitting Statues and Rules: https://deq.nc.gov/about/divisions/water-resources/water-resources-rules/401-
certification-express-review-statutes-rules-guides
A. General Proje ct Information
Yes
No
B. Ple ase Identify Which Riparian Are a Prote ction Rule Applies:
Major Variance
Minor Variance
Neuse River Basin (15A NCAC 02B.0233)
Randleman Lake Watershed (15A NCAC 02B.0250)
Tar-Pamlico River Basin (15A NCAC 02B.0259)
Jordan Lake Watershed (15A NCAC 02B.0267)
Goose Creek Watershed (15A NCAC 02B.0606 & 15A NCAC 02B.0607)
Ap p l ican t/Own er In formation
Who is submitting the application:*
Primary Contact:
Primary Contact Email:
1. Property Owner:
3. Agent Information:
C. Applicant/Owne r Information
Owner
Applicant other than Owner
Agent
Check all that apply.
Jon Swaim
This is for w ho should be notif ied if a payment is required.
[e-mail]
1a. Name :*
1b. Title :
1c. M ailing Addre ss:*
1d. Te le phone :*
1e . Email Addre ss:*
City of New Bern
City
New Bern
State / Province / Region
NC
Postal / Zip Code
28563
Country
United States
Street Address
PO Box 1129
Address Line 2
2526392915
[e-mail]
3a. Name :*
3b. Company Affiliation:*
3c. M ailing Addre ss:*
3d. Te le phone :*
3e . Email Addre ss:*
3f. Attach an age nt authorization form.*
Jon Swaim
McGill Associates, PA
City
Hickory
State / Province / Region
NC
Postal / Zip Code
28601
Country
United States
Street Address
1240 19th Street Lane NW
Address Line 2
8283282024
[e-mail]
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Signed Agent Authorization.pdf 48.75KB
PDF Only
Proj ect Information
1. Proje ct Name :*
2. County(ie s)*
3a. Prope rty Addre ss:*
3b. Latitude :3c. Longitude :
3d. Attach an 8 ½ x 11 e xce rpt from the most re ce nt v e rsion of the USGS topographic map indicating the location
of the site .
* USGS Topo l ook up
3e . Attach an 8 ½ x 11 e xce rpt from the most re ce nt v e rsion of the publishe d County NRCS Soil Surv e y M ap
de picting the proje ct site .
Link to Soil Surveys for North Carolina Counties. (Please see instructions in the Help Document to determine the most re ce nt
publishe d version.)
4a. Parce l Ide ntification Numbe r (PIN)
4b. Date Prope rty Purchase d:
D. Proje ct Information
Martin Marietta Park
(Subdivision, f acility, or establishment name)
Craven
3. Prope rty Location:
City
New Bern
State / Province / Region
NC
Postal / Zip Code
28560-2604
Country
US
Street Address
1004 South Glenburnie Road
Address Line 2
35.1287333 -77.08221549999999
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USGS Map.pdf 541.71KB
PDF Only
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Soil Map.pdf 1.36MB
PDF only
4. Prope rty Information:
8-244-4000
08/13/1999
mm/dd/yyyy
4c. Type
of Book
Book#Page#
De e d
M ap
4d. Attach a copy of the re corde d map that indicate s whe n the lot was last platte d.
4e . Is your proje ct in one of the 20 Coastal Countie s cov e re d unde r the Coastal Are a M anage me nt Act (CAM A)?*
4f. Is the proje ct locate d within a NC DCM Are a of Env ironme ntal Conce rn (AEC)?*
4i. Dire ctions to site from ne are st major inte rse ction:*
5. Stream associated with riparian buffer to be impacted by the proposed activity:
Name Water Quality Classification
7. List any permits/approvals that have been requested or obtained for this project in the past.
Date Applied Date Received Permit Type
1713 0937
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Real_Property_Bk1713_Pg937.pdf 329.05KB
PDF Only
Yes No
Yes No Unknown
From Highway 17, turn on S Glenburnie Road heading north. Turn left on S Glenburnie Road into park property
entrance.
Open Water, former quarry N/A
Prop osed Activity
1. Prov ide a de taile d de scription of the propose d activ ity including its purpose :*
2. Attach a site plan as applicable to the proje ct:
** Below is a link with instructions on what you will need to show on your site plan.
http://edocs.deq.nc.gov/WaterResources/0/doc/402224/Page1.aspx
E. Propose d Activity
The proposed activity consists of the clearing and grubbing of approximately 2,034 square feet within Zone 1 and
approximately 4,046 square feet within Zone 2 along the shoreline of the former Martin Marietta quarry for the
creation of a sand beach recreation area. The proposed beach area vegetative cover currently consists of
maintained turf, and sapling and shrub species such as red cedar, black willow, sycamore, wax myrtle, and
groundseltree. This area was formerly used as a quarry and has been significantly disturbed for quite some time.
Park plans call for the swim beach area to be cleared and grubbed, and backfilled with clean beach sand. Silt fencing
will be used during construction activities to control off site sedimentation.
Park plans also include three natural surface trail systems which will be constructed within buffer areas. During trail
construction no built upon area will added within the riparian buffer and the installation will not result in the removal of
tree(s). Park plans also call for the construction of three pedestrian bridges along the trail system. These bridges will
cross unnamed tributaries which flow into the existing quarries. Each bridge will impact equal to or less than one-
tenth of an acre of riparian buffer. Finally, park plans include the construction of eleven fishing piers whose access
will cross through the riparian buffer. Pier accesses will be equal to or less than six feet wide, will not result in the
removal of tree(s) within the riparian buffer, and will not result in the addition of built upon area to the riparian buffer.
According to the 15A NCAC 02B .0714 Table of Uses, these proposed activities are Deemed Allowable. Silt fencing
will be used as needed during construction activities to control off site sedimentation.
The purpose of the proposed project is to provide safe waterside access and recreational areas within the park
property. The swim beach will provide an open area allowing the local community and tourists safe and easy access
to the largest quarry on the property.
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MM Park Design Plans & Impacts 012621.pdf 7.43MB
PDF only
Proposed Impacts and Mitigation Information
1. Individually list the square footage of each proposed impact to the protected riparian buffers:
1a. Site# - Reason 1b. Buffer
Impact *
1c. Stream Name 1d. Mitigation
Required?
1f. Zone 1 1g. Zone 2
1h. Total Zone 1 Impacts:
1i. Total Zone 2 Impacts:
1j. Total Buffer Impacts:
1k. Comments:
1l. Zone 1
Total Impact Multiplier Required Mitigation
1m. Zone 2
Total Impact Multiplier Required Mitigation
F. Proposed Impacts and Mitigation Information
Swim Beach
Map label (e.g. Road Crossing 1)
Permanent
(P)
Open Water Yes 1,731.00
Square Feet
3,290.00
Square Feet
Natural Surface Trails
Map label (e.g. Road Crossing 1)
Permanent
(P)
Open Water No 19,490.00
Square Feet
8,290.00
Square Feet
Fishing Piers
Map label (e.g. Road Crossing 1)
Permanent
(P)
Open Water No 1,980.00
Square Feet
1,320.00
Square Feet
Pedestrian Bridge 1
Map label (e.g. Road Crossing 1)
Permanent
(P)
Stream 1 No 250.00
Square Feet
0.00
Square Feet
Pedestrian Bridge 2
Map label (e.g. Road Crossing 1)
Permanent
(P)
Stream 2 No 250.00
Square Feet
0.00
Square Feet
Pedestrian Bridge 3
Map label (e.g. Road Crossing 1)
Permanent
(P)
Stream 3 No 500.00
Square Feet
0.00
Square Feet
24,201.00
12,900.00
37,101.00
See Section E. Proposed Activity
Calculated Mitigation
1,731.00
Square Feet
3 5,193.00
Square Feet
3,290.00
Square Feet
1.50 4,935.00
Square Feet
2. Mitigation Information
2a. What is the mitigation plan propose d for this proje ct?*
2e . Attach your re se rv ation le tte r from DM S.*
2f. Comme nts:
Payment to private mitigation bank
Payment to Division of Mitigation (DMS)
Permittee responsible mitigation
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According to 15A NCAC 02B.pdf 32.46KB
PDF Only
According to 15A NCAC 02B .0714, mitigation may be required as a condition of variance approval. McGill
Associates is requesting a determination of the mitigation requirements associated with the proposed project.
Stormwater In formation
1. Prov ide a de scription of how diffuse flow will be maintaine d through the prote cte d riparian buffe rs (e .g., re -
planting v e ge tation or e nhance me nt of e xisting v e ge tation, gutte r splash pads, le v e l spre ade r to control of
runoff from impe rv ious surface s, e tc.).*
2. Show the location of diffuse flow me asure (s) on your site plan.
3. Attach a comple te d Le v e l Spre ade r Supple me nt Form or BM P Supple me nt Form with all re quire d ite ms for
e ach propose d me asure .
4. Attach an Ope ration and M ainte nance (O&M ) Form for e ach propose d le v e l spre ade r or BM P.
G. Stormwate r
No impervious surfaces are proposed within the buffer. Stormwater will be controlled during construction using silt
fencing along disturbed areas. Disturbed areas within the buffer will be stabilized using fully biodegradable matting
and a native riparian seed mix. Once stabilization has been achieved, all erosion control measures will be removed.
See site plan, details, and notes.
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PDF only
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PDF Only
Demon stration of Need
1. Explain how complying with the prov isions of the applicable rule would pre v e nt you from se curing a
re asonable re turn from or make re asonable use of your prope rty. M e re ly prov ing that the v ariance would pe rmit
a gre ate r profit from the prope rty shall not be conside re d ade quate justification for a v ariance . The Div ision will
conside r whe the r the v ariance is the minimum possible de v iation from the te rms of the applicable Buffe r Rule
that shall make re asonable use of the prope rty possible .*
2. Explain how the hardship re sults from application of the Buffe r Rule to the prope rty rathe r from othe r factors
such as de e d re strictions or othe r hardships (e .g. zoning se tbacks, floodplains, e tc).*
3. Explain whe the r the hardship was cause d by the applicant knowingly or unknowingly v iolating the applicable
Buffe r Rule .*
4. Explain how the hardship re sults from physical nature of the prope rty, such as its size , shape , or topography,
which is diffe re nt form that of ne ighboring prope rty.*
5. Explain how the hardship is rare or unique to the applicant’s prope rty, rathe r than the re sult of conditions that
are wide spre ad.*
H. De monstration of Ne ed for a V ariance
The variance provision of the riparian buf f er rules allow s the Division or the Environmental Management Commission to grant a variance w hen there are practical dif f iculties or
unnecessary hardships that prevent compliance w ith the strict letter of riparian buffer protection.
The City of New Bern recognizes the importance of planning as a means of improving recreation opportunities for all
its residents and visitors. As a result, the City desired to plan park development for an existing undeveloped parcel
that was graciously donated to the City by the Martin Marietta Corporation. Public input played a key role in
understanding user needs and desires for the Park Master Plan. As part of the community outreach, three (3) public
meetings were held to solicit public opinion about possible improvements to the Martin Marietta Park property. As
part of these meetings, participants were asked to identify and prioritize the recreation amenities and programs that
were desired for this new facility. A Parks and Recreation Survey/Questionnaire was distributed to the community to
gather additional input such as demographics and opinions. A reoccurring theme among the study findings was the
need for nature based passive and active recreation opportunities such as the proposed swim beach. The property
is very limited in its current condition for safe and easy access to the quarries. Fishing piers and greenway trails
have been proposed along the shorelines, but the swim beach would provide a safe and open direct access to the
largest quarry on the property. It is the opinion of McGill Associates that the swim beach would be a major draw for
the park as one of the few fresh water recreational opportunities in the area, resulting in more local and out of town
visitors, which will in turn bring in revenue for the City and local businesses.
The park property is very unique as it is comprised mainly of open water (quarry) area resulting in approximately 62-
acres of protected buffer area. There is no alternative for accessing the quarries that does not involve buffer
impacts. The proposed swim beach is planned to impact approximately 0.14-acres of buffer area, or 0.2% of the total
buffer area on the property. A large portion of the property is within the 100-year floodplain, but the swim beach can
be constructed under local floodplain ordinances. There are no known zoning or setback regulations that would
prevent park development. Impacts to the open water or wetland areas can be permitted through the 401/404 Clean
Water Act process.
No, to our knowledge, the applicant has not knowingly or unknowingly violated the applicable buffer rule.
The majority of the shoreline area within the park property is heavily vegetated with scrub shrub wetland species or is
eroded and near vertical. The proposed swim beach area provides a gently sloped and mostly cleared access to the
largest body of water (quarry) on the property. This area has been historically used for mining operations and has
been disturbed for quite some time resulting in minimal vegetation outside of typical lawn grass and weed species. No
intensive grading will be required as the natural slope is adequate for beach access. Once the vegetation and
organic material is removed the area will be backfilled with clean sand and brought back to natural grade. Wetland G
along the shoreline has naturalized but is still in an early successional stage with sycamore, black willow, and red
cedar saplings, and shrub species such as wax myrtle and groundseltree. After analyzing shoreline areas within the
property, this area proved to be ideal as it requires the least land disturbance both within and beyond the buffer
areas.
For Neuse, Tar-Pamlico, Jordan Lake and Goose Creek only:
This property is unique in that it has been continually mass graded for many years. The only truly natural area on the
property is located in the NW corner and consists of a mature pine stand. Since the water bodies on the property are
not natural, and were not designed to mimic natural open water features, they typically do not have a gently sloped
shoreline which would allow for easy access. The City would like to provide a safe and open area for their community
and visitors to enjoy waterside recreation.
6. Did the applicant purchase the prope rty afte r the e ffe ctiv e date of the applicable Buffe r Rule and the n re que st
a v ariance ?*
Property was acquired in 1999.
Sig n an d Submit
De e d Re strictions
By your signature of this application, you certify that all structural stormwater BMPs required by this variance shall be located in recorded
drainage easements, that the easements will run with the land, that the easements cannot be changed or deleted without concurrence
from the State, and that the easements will be recorded prior to the sale of any lot.
Applicant’s Ce rtification
I, certify that the information included on this permit application form is correct, that the project will be constructed in conformance with
the approved plans and that the deed restrictions will be recorded with all required permit conditions.
*
By digitally signing be low, I ce rtify that:
I have given true, accurate, and complete information on this form;
I agree that submission of this form is a “transaction” subject to Chapter 66, Article 40 of the NC General Statutes (the “Uniform
Electronic Transactions Act”)
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the “Uniform
Electronic Transactions Act”);
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit this form.
Print Name :*
Signature *
Submission Date :
I. Sign and Submit
By checking the box and signing the box below I certify that:
Jon Swaim
Automatically f illed in
Pre-Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 11, 2020 Ver 3.1
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right-click on the document and you can print a copy of the form.
Below is a link to the online help file.
https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf
County (or Counties) where the project is located:*
Is this a NCDMS Project *
Is this project a public transportation project?*
1a. Type(s) of approval sought from the Corps:*
1b. What type(s) of permit(s) do you wish to seek authorization?*
This form may be used to initiate the standard/individual permit process with the Corps. Please contact your Corps representative concerning submittals for standard permits. All required items that
are not provided in the E-PCN can be added to the miscellaneous upload area located at the bottom of this form.
1c. Has the NWP or GP number been verified by the Corps?*
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
Regional General Permit (RGP) Number:
RGP Numbers (for multiple RGPS):
1d. Type(s) of approval sought from the DWR:*
1e. Is this notification solely for the record because written approval is not required?
*
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after-the-fact permit application?*
A. Processing Information
Craven
Yes No
Click Yes, only if NCDMS is the applicant or co-applicant.
Yes No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
Yes No
18 - Minor Discharges
List all NW numbers you are applying for not on the drop down list.
197800056 - Piers, Docks, Boathouses
List all RGP numbers you are applying for not on the drop down list.
check all that apply
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual Permit
Yes No
Yes No
1g. Is payme nt into a mitigation bank or in-lie u fe e program propose d for mitigation of impacts?
Acce ptance Le tte r Attachme nt
1h. Is the proje ct locate d in any of NC's twe nty coastal countie s?*
1i. Is the proje ct locate d within a NC DCM Are a of Env ironme ntal Conce rn (AEC)?*
1j. Is the proje ct locate d in a de signate d trout wate rshe d?*
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-Coordination/Trout.aspx
1a. Who is the Primary Contact?*
1b. Primary Contact Email:*
1c. Primary Contact Phone :*
1d. Who is applying for the pe rmit?*
1e . Is the re an Age nt/Consultant for this proje ct?*
2. Owner Information
4. Agent/Consultant (if applicable)
Yes No
If so, attach the acceptance letter from mitigation bank or in-lieu fee program.
Yes No
Click the upload button or drag and drop files here to attach document
FILE TYPE MUST BE PDF
Yes No
Yes No Unknown
Yes No
B. Applicant Information
Jon Swaim
[e-mail]
(xxx)xxx-xxxx
[phone]
Owner Applicant (other than owner)
(Check all that apply)
Yes No
2a. Name (s) on re corde d de e d:*
2b. De e d book and page no.:
2c. Re sponsible party:
2d. Addre ss *
2e . Te le phone Numbe r:*
2f. Fax Numbe r:
2g. Email Addre ss:*
City of New Bern
DB:1713,0857,2167,1721,2162 PG:0937,0209,0878,0903,0580
(for Corporations)
Foster Hughes, Director of Parks and Recreation
City
New Bern
State / Province / Region
North Carolina
Postal / Zip Code
28563
Country
United States
Street Address
P.O. Box 1129
Address Line 2
(xxx)xxx-xxxx
[phone]
(xxx)xxx-xxxx
[e-mail]
4a. Name :*
4b. Business Name :
4c. Addre ss *
Jon Swaim
(if applicable)
McGill Associates PA
1a. Name of project:*
1b. Subdivision name:
1c. Nearest municipality / town:*
2a. Property Identification Number:
2b. Property size:
2c. Project Address
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey-grade GPS device) after the decimal place as appropriate, based on how the location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude:*Longitude:*
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
3b. Water Resources Classification of nearest receiving water:*
Surface Water Lookup
3c. What river basin(s) is your project located in?*
3d. Please provide the 12-digit HUC in which the project is located.*
River Basin Lookup
4d. Telephone Number:*
4e. Fax Number:
4f. Email Address:*
Agent Authorization Letter *
City
Hickory
State / Province / Region
North Carolina
Postal / Zip Code
28601
Country
United States
Street Address
1240 19th STREET LANE NW
Address Line 2
[phone]
(xxx)xxx-xxxx (xxx)xxx-xxxx
[e-mail]
Please provide the Agent Authorization Letter if you are submitting this document.
Signed Agent Authorization.pdf 48.75KB
FILE TYPE MUST BE PDF
C. Project Information and Prior Project History
1.Project Information
Martin Marietta Park Project
(if appropriate)
City of New Bern
2.Project Identification
(tax PIN or parcel ID)
82444000, 8244065, 8244040, 8242096,
82429000
(in acres)
867.84
City
New Bern
State / Province / Region
North Carolina
Postal / Zip Code
28560
Country
United States
Street Address
1004 S Glenburnie Rd
Address Line 2
35.141013
ex: 34.208504
-77.087131
-77.796371
Neuse River
SC;Sw,NSW
Neuse
030202040401/030202020607
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
4f. List the total estimated acreage of all existing wetlands on the property:
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
4j. Please upload project drawings for the proposed project.
5. Jurisdictional Determinations
The property, which was formerly used as a quarry is located on S. Glenburnie Road approximately two-and-a-half miles northwest of New Bern, North Carolina.This site is
approximately 888 acres in size. 55+ acres of land are available for multi-recreational opportunities. The project is within the 100-year and 500-year floodplain. The existing park
property is predominately open space. The site is largely undeveloped with exception of an existing paved entry drive, a graded perimeter road consisting of some crushed stone and
sand and limited utilities. The site consists largely of quarries with one main peninsular land mass and perimeter lands varying in width. The surrounding properties consist
predominantly of residential uses (single and multi-family units), an assisted living community and a number of churches. The commercial property consists of a skating rink, small shops
and a dental office. Commercial uses include the Hatteras Yacht Factory and boat yard.
Yes No Unknown
Click the upload button or drag and drop files here to attach document
USGS Map.pdf 541.71KB
File type must be pdf
Click the upload button or drag and drop files here to attach document
Soil Map.pdf 1.36MB
File type must be pdf
11.68
(intermittent and perennial)
617
The purpose of the proposed project is to develop a community park on an existing undeveloped parcel that was donated to the City by the Martin Marietta Corporation. Park amenities
include trails, water access, fitness opportunities, education, adventure activities, and outdoor entertainment.
Proposed park project consists of four amenities, a swim beach, three natural surface trail (greenway) sections, eleven fishing piers, and three pedestrian bridges along the trail system.
See Sheet 1 - Design Plan and Impact Map.
The swim beach is proposed to be constructed along the western shoreline of the main park area providing direct water access to the largest quarry on the property. Several locations
along quarry shorelines were analyzed to determine the best possible area for safe water access and minimal impacts to vegetation, jurisdictional areas, and riparian buffers. The
majority of the shoreline area within the park property is heavily vegetated with scrub shrub wetland species or is eroded and near vertical. The proposed swim beach area provides a
gently sloped and mostly cleared access to the largest body of water (quarry) on the property. This area has been historically used for mining operations and has been disturbed for
quite some time resulting in minimal vegetation outside of typical lawn grass and weed species. No intensive grading will be required as the natural slope is adequate for beach access.
Once the vegetation and organic material is removed the area will be backfilled with clean sand and brought back to natural grade. Wetland G along the shoreline has naturalized but is
still in an early successional stage with sycamore, black willow, and red cedar saplings, and shrub species such as wax myrtle and groundseltree. Silt fencing will be used during
construction activities to control off site sedimentation. After analyzing shoreline areas within the property, this area proved to be ideal as it requires the least land disturbance both
within and beyond the buffer areas. The swim beach area will total 0.03-acres of clean sand once completed. Jurisdictional impacts will include approx. 0.09-acres of permanent impacts
to Wetland G (Impact W1) due to grubbing and backfilling. Neuse river riparian buffer impacts in this area will total approx. 2,034 square feet within Zone 1 and approximately 4,046
square feet within Zone 2 along the shoreline. The fill associated with the swim beach is assumed to be a prohibited activity within the buffer areas. A request for a buffer variance has
been submitted to NCDWR for review.
The three natural surface trail sections totaling approx. 8,057 LF were designed to avoid impacts to jurisdictional features and buffers. Due to site topography and access limitations,
some sections of the trail will encroach on buffer areas. Trail construction will result in 19,490 SF of impacts in Zone 1 and 8,290 SF of impacts in Zone 2. During trail construction no
built upon area will added within the riparian buffer and the installation will not result in the removal of tree(s). Trail width will be limited to 10'. The trail surface will consist of natural
underlying materials, sand/gravel/marl, that exists on the property. Topsoil and organic material will be removed to expose the underlying material and backfilled with the same if
necessary to maintain positive drainage and prevent ponding (see Sheet 2 - Natural Surface Trail Detail).
The 11 fishing pier locations were chosen to avoid impacts to jurisdictional features. Pier construction will result in buffer impacts. Approx. 1,980 SF of impacts in Zone 1 and 1,320 SF
of impacts in Zone 2 are anticipated as a result of pier access trails, steps, and/or walkways. Pier access width will be equal to or less than six feet wide and will not result in the removal
of tree(s) within the riparian buffer and will not result in the addition of built upon area to the riparian buffer. Access trails will be constructed to match natural surface trails. Pier
platforms are proposed to be 10' x 40' to allow for handicap access, multiple users, fishing activities, and canoe/kayak launching. Piers will be secured to the quarry beds via driven 8"
pillings. Open water impacts due to shading are anticipated to total 4,400 SF (0.10-acres) (see Sheet 3 - Fishing Pier and Walkway detail).
Three pedestrian bridges are proposed for stream crossings along the trail system. These bridges will cross unnamed tributaries which flow into the existing quarries. Bridges are
designed to avoid impacts to wetlands, stream channels, and flow regimes. Each bridge will impact equal to or less than one-tenth of an acre of riparian buffer. Buffer impacts
associated with the bridge crossings - Bridge 1 - 250SF (0.005-acres), Bridge 2 - 250 SF (0.005-acres), Bridge 3 - 500SF (0.01-acres) (see Sheet 2 - Pedestrian Bridge Detail).
According to the 15A NCAC 02B .0714 NEUSE RIVER BASIN: NUTRIENT SENSITIVE WATERS MANAGEMENT STRATEGY: PROTECTION AND MAINTENANCE OF EXISTING RIPARIAN
BUFFERS - Table of Uses, the proposed trail, pier, and bridge activities are Deemed Allowable.
Silt fencing will be used as needed during all land disturbing activities to control sedimentation and removed once impacted areas have been stabilized (see Sheet 2 - Temporary Silt
Fence Detail). Any stream bank or shoreline areas that may be disturbed during construction activities will be stabilized immediately upon completion. Areas will be stabilized using fully
biodegradable coir matting and a native riparian seed mix. See Sheet 2 - Coir Matting Detail and Sheet 4 - Seeding Specifications.
Typical construction equipment will be utilized during park development such as back hoes, dump trucks, and skid steers.
Click the upload button or drag and drop files here to attach document
MM Park Design Plans & Impacts 012721.pdf 7.43MB
File type must be pdf
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR.
5d1. Jurisdictional determination upload
6. Future Project Plans
6a. Is this a phased project?*
7b. If yes, explain.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This
includes other separate and distant crossing for linear projects that require Department of the Army authorization but don’t require pre-construction notification.
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
"W." will be used in the table below to represent the word "wetland".
2a. Site #*(?)2a1 Reason *(?)2b. Impact type *(?)2c. Type of W.*2d. W. name *2e. Forested *2f. Type of
Jurisdicition *(?)
2g. Impact
area *
2g. Total Temporary Wetland Impact
2g. Total Permanent Wetland Impact
2g. Total Wetland Impact
2h. Comments:
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.
Yes No Unknown
Preliminary Approved Not Verified Unknown N/A
Example: SAW-2017-99999
SAW-2020-00342
Jon Swaim
McGill Associates, P.A.
Site Visit:1/22/2020
Click the upload button or drag and drop files here to attach document
PJD Request - New Bern - MM Park (Revised 040820).pdf 11.61MB
File type must be PDF
Yes No
Future phases of the park project include amenities such as an amphitheater, boat house, bath houses, parking areas, observation tower, and outdoor sporting structures. These
amenities are planned to be constructed in upland areas outside of the riparian buffer limits.
No impacts to jurisdictional features are anticipated as a result of future phases. If it is determines that future development plans change and jurisdictional features will be impacted, all
appropriate permits and authorizations will be acquired.
D. Proposed Impacts Inventory
Wetlands Streams-tributaries Buffers
Open Waters Pond Construction
W1 Fill P Non-Tidal Freshwater Marsh Wetland G Yes Both 0.090
(acres)
0.000
0.090
0.090
Impacts associated with fill for proposed swim beach.
4a. Site #*(?)4a1. Impact Reason 4b. Impact type *(?)4c. Name of waterbody (?)4d. Activity type *4e. Waterbody type *4f. Impact
area *
4g. Total temporary open water Impacts:
4g. Total permanent open water impacts:
4g. Total open water impacts:
4h. Comments:
6. Buffer Impacts (for DWR)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts below.
6a. Project is in which protect basin(s)?*
6b. Impact Type *(?)6c. Per or Temp *(?)6d. Stream name *6e. Buffer mitigation required?*6f. Zone 1 impact *6g. Zone 2 impact *
6h. Total buffer impacts:
Zone 1 Zone 2
Total Temporary impacts:
Zone 1 Zone 2
Total Permanent impacts:
Zone 1 Zone 2
Total combined buffer impacts:
6i. Comments:
Supporting Documentation - i.e. Impact Maps, Plan Sheet, etc.
1. Avoidance and Minimization
11 Piers shaded impact P Martin Marietta Quarries Dock & Pier Lake 0.10
(acres)
0.00
0.10
0.10
Each of the 11 piers has a proposed platform area of 10' x 40' to allow for multiple users, handicap access, fishing activities, and canoe/kayak
launching. Pier access walkways are limited to 6' in width. Pier piles will be driven into the lake bed.
Check all that apply.
Neuse Tar-Pamlico
Catawba Randleman
Goose Creek Jordan Lake
Other
Fill for swim beach, prohibited P Open Water Yes 1,731
(square feet)
3,290
(square feet)
Trails, allowable P Open Water No 19,490
(square feet)
8,290
(square feet)
Fishing piers, allowable P Open Water No 1,980
(square feet)
1,320
(square feet)
Pedestrian bridge 1, allowable P Stream 1 No 250
(square feet)
0
(square feet)
Pedestrian bridge 2, allowable P Stream 2 No 250
(square feet)
0
(square feet)
Pedestrian bridge 3, allowable P Stream 3 No 500
(square feet)
0
(square feet)
0.00 0.00
24,201.00 12,900.00
24,201.00 12,900.00
Impacts associated with fill for proposed swim beach, trails, piers, and bridges. A buffer variance request has been submitted to NCDWR for the
proposed swim beach impacts.
Click the upload button or drag and drop files here to attach document
MM Park Design Plans & Impacts 012621.pdf 7.43MB
File must be PDF
E. Impact Justification and Mitigation
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:*
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:*
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?
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
1b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection
program, include a plan that fully documents how diffuse flow will be maintained.
All Stormwater Control Measures (SCM)s must be designed in accordance with the NC Stormwater Design Manual. Associated supplement forms and other documentation shall be
provided.
What type of SCM are you providing?
For a list of options to meet the diffuse flow requirements, click here.
Diffuse Flow Documentation
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT’s Individual NPDES permit NCS000250?*
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?*
To look up low density requirement click here 15A NCAC 02H .1003(2).
Comments:
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Park amenities were designed to avoid impacts to jurisdictional areas and buffers. The swim beach was designed to minimize the need for grading. All
trails are located within upland areas, avoiding wetland impacts, and were pushed outside of the buffer limits where feasible. Fishing pier locations
were chosen to avoid wetland impacts. Pedestrian bridges were specified for trail stream crossings to avoid impacts to natural stream channel and
flow. Erosion control measures (silt fence) has been specified for any groundbreaking activities near jurisdictional areas.
Erosion control measures shall be maintained during construction to limit impacts to the streams and wetlands. All land disturbing work near
jurisdictional areas will be avoided during wet conditions. Equipment and materials will be stored in upland areas. Disturbed areas caused by
equipment access will be kept to a minimum.
Yes No
Project was limited to 0.09-acres of wetland impacts. The proposed project will not result in compensatory mitigation.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
Yes No
Level Spreader
Vegetated Conveyance (lower SHWT)
Wetland Swale (higher SHWT)
Other SCM that removes minimum 30% nitrogen
Proposed project will not create concentrated stormwater flow through the buffer
(check all that apply)
Click the upload button or drag and drop files here to attach document
File type must be PDF
Yes No
Yes No
Proposed project will not result in an increase of impermeable surfaces. Ground disturbance will be limited to less than 1-acre and stabilized immediately upon completion.
G. Supplementary Information
Yes No
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?*
3b. If you answered “no,” provide a short narrative description.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. Is another Federal agency involved?*
5e. Is this a DOT project located within Division's 1-8?*
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?*
5g. Does this project involve bridge maintenance or removal?*
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?**
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?*
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?*
Consultation Documentation Upload
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http://gis.ncdcr.gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (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?*
7c. Historic or Prehistoric Information Upload
Yes No
No additional development anticipated as a result of the proposed project. Future park project phases are not anticipated to impact jurisdictional
areas.
Yes No N/A
Yes No
Yes No
Raleigh
Yes No Unknown
Yes No
Yes No
Yes No
Yes No
Yes No
https://ecos.fws.gov/ipac/
https://ncnhde.natureserve.org/
Click the upload button or drag and drop files here to attach document
IPAC.pdf 264.89KB
NCNHP.pdf 226.52KB
USFWS Letter - Martin Marietta 021120.pdf 2.25MB
File type must be PDF
Yes No
https://www.habitat.noaa.gov/application/efhmapper/index.html
Yes No
https://nc.maps.arcgis.com/apps/webappviewer/index.html?id=d2d04d8d7e03403f889419526e682529
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?*
Comments
Miscellaneous attachments not previously requested.
*
I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a “transaction” subject to Chapter 66, Article 40 of the NC General Statutes (the “Uniform Electronic Transactions Act”);
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the “Uniform Electronic Transactions Act”);
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:*
Signature *
Date
Click the upload button or drag and drop files here to attach document
NCSHPO.pdf 473.72KB
File must be PDF
Yes No
All floodplain development permits will be obtained prior to the start of the proposed project.
https://fris.nc.gov
Miscellaneous
Click the upload button or drag and drop files here to attach document
FRIS.pdf 993.01KB
Location Map.pdf 542.53KB
File must be PDF or KMZ
Signature
By checking the box and signing below, I certify that:
Jon Swaim
1/27/2021
DWR Pre-Fil ing Meeting Req u est Form
Contact Name *
Contact Email Addre ss *
Proje ct Owne r *
Proje ct Name *
Proje ct County *
Owne r Addre ss:*
Is this a transportation proje ct?*
Type (s) of approv al sought from the DWR:
Doe s this proje ct hav e an e xisting proje ct ID#?*
Ple ase list all e xisting proje ct ID's associate d with this proje cts.*
Do you know the name of the staff me mbe r you would like to re que st a me e ting with?
Ple ase giv e a brie f proje ct de scription be low.*
Jon Swaim
[e-mail]
City of New Bern
Martin Marietta Park Project
Craven
City
Hickory
State / Province / Region
North Carolina
Postal / Zip Code
28601
Country
United States
Street Address
1240 19th Street Lane NW
Address Line 2
Yes No
401 Water Quality Certification -
Regular
401 Water Quality Certification -
Express
Individual Permit Modification
Shoreline Stabilization
Yes No
N/A
Chris Pullinger
A pre-permitting meeting with all appropriate agencies was held on
8/4/2020.
Proposed park project consists of four amenities, a swim beach, three
natural surface trail (greenway) sections, eleven fishing piers, and
three pedestrian bridges along the trail system.
The swim beach is proposed to be constructed along the western
shoreline of the main park area providing direct water access to the
largest quarry on the property. Several locations along quarry
shorelines were analyzed to determine the best possible area for safe
water access and minimal impacts to vegetation, jurisdictional areas,
and riparian buffers. The majority of the shoreline area within the
Please give a couple of dates you are available for a meeting.
Ple ase attach the docume ntation you would like to hav e the me e ting about.
and riparian buffers. The majority of the shoreline area within the
park property is heavily vegetated with scrub shrub wetland species
or is eroded and near vertical. The proposed swim beach area
provides a gently sloped and mostly cleared access to the largest
body of water (quarry) on the property. This area has been
historically used for mining operations and has been disturbed for
quite some time resulting in minimal vegetation outside of typical lawn
grass and weed species. No intensive grading will be required as the
natural slope is adequate for beach access.
Once the vegetation and organic material is removed the area will be
backfilled with clean sand and brought back to natural grade.
Wetland G along the shoreline has naturalized but is still in an early
successional stage with sycamore, black willow, and red cedar
saplings, and shrub species such as wax myrtle and groundseltree.
Silt fencing will be used during construction activities to control off site
sedimentation. After analyzing shoreline areas within the property,
this area proved to be ideal as it requires the least land disturbance
both within and beyond the buffer areas. The swim beach area will
total 0.03-acres of clean sand once completed.The fill associated with
the swim beach is assumed to be a prohibited activity within the buffer
areas. A request for a buffer variance has been submitted to NCDWR
for review.The three natural surface trail sections totaling approx.
8,057 LF were designed to avoid impacts to jurisdictional features
and buffers. Due to site topography and access limitations, some
sections of the trail will encroach on buffer areas. Trail construction
will result in 19,490 SF of impacts in Zone 1 and 8,290 SF of impacts
in Zone 2. During trail construction no built upon area will added
within the riparian buffer and the installation will not result in the
removal of tree(s). Trail width will be limited to 10'. The trail surface
will consist of natural underlying materials, sand/gravel/marl, that
exists on the property. Topsoil and organic material will be removed
to expose the underlying material and backfilled with the same if
necessary to maintain positive drainage and prevent ponding. The 11
fishing pier locations were chosen to avoid impacts to jurisdictional
features. Pier construction will result in buffer impacts.Pier access
width will be equal to or less than six feet wide and will not result in
the removal of tree(s) within the riparian buffer and will not result in
the addition of built upon area to the riparian buffer. Access trails will
be constructed to match natural surface trails. Pier platforms are
proposed to be 10' x 40' to allow for handicap access, multiple users,
fishing activities, and canoe/kayak launching. Piers will be secured to
the quarry beds via driven 8" pillings.
Three pedestrian bridges are proposed for stream crossings along
the trail system. These bridges will cross unnamed tributaries which
flow into the existing quarries. Bridges are designed to avoid impacts
to wetlands, stream channels, and flow regimes. Each bridge will
impact equal to or less than one-tenth of an acre of riparian buffer.
Silt fencing will be used as needed during all land disturbing activities
to control sedimentation and removed once impacted areas have
been stabilized. Any stream bank or shoreline areas that may be
disturbed during construction activities will be stabilized immediately
upon completion. Areas will be stabilized using fully
biodegradable coir matting and a native riparian seed mix.
3/31/2021
pdf only
Signature *
Submittal Date
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:

· This form completes the requirement of the Pre-Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
· I understand by signing this form that I cannot submit my application until 30 calendar days after this pre-filing
meeting request.
· I also understand that DWR is not required to respond or grant the meeting request.

Your project’s thirty-day clock started upon receipt of this application.  You will receive notification regarding meeting location
and time if a meeting is necessary.  You will receive notification when the thirty-day clock has expired, and you can submit an
application.
3/8/2021