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HomeMy WebLinkAbout20042050 Ver 3_CAMA Application_20080610?COAf1q? C aVA 0- A k.Q 0 - ?p? o Y 3 North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross, Jr., Secretary 9 June 2008 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project Cyndi Karoly Division of Water Quality David W. Moye Express Permits Coordinator CAMA/DREDGE & FILL Permit Application Review Carolina Creek, LLC C/O Kenneth Peregoy PV7 [1p q JUN 1 0 2008 _. DENR- WA1ER QUAUTY WETLANDS AND STORMWATER BRANCH At the end of Creekscape Crossing Road off SR 1116 (Thurman Road) on Brice Creek in Craven County, North Carolina The applicant proposes to construct a 2-lane vehicular bridge and 2 golf cart bridges over Brice Creek in the Carolina Colours Subdivision. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 30 June 2008. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmanagement.nett An Equal Opportunity 1 Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: Carolina Creek, LLC c/o Kenneth Peregoy 2. LOCATION OF PROJECT SITE: at the end of Creekscape Crossing Road off SR 1116 (Thurman Road) on Brice Creek in Craven County, North Carolina Photo Index - 2006: N/A 2000: N/A State Plane Coordinates - X: 2,595,600 Y: 463,200 GPS Rover File #U08100913 New Bern Quad. (lower right corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 05/21/08 08/10/07 Was Applicant Present - Yes Yes 5. PROCESSING PROCEDURE: Application Received - 06/09/08 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County Land Classification From LUP - Uplands - Rural, Urban Transition, Developed, AECs - Conservation (B) AEC(s) Involved: PTA, CS (C) Water Dependent: YES (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing - City sewer Planned - N/A (F) Type of Structures: Existing - Single family homes, town homes, clubhouse, asphalt roads and parking lots Planned - 3 bridges, access dock, golf course, single family homes, town homes, and asphalt roads (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands ±6,536 ft2 Section 404 Wetlands shaded (B) Non-Vegetated Wetlands 2 ±3,446ft shaded Creek (C) Other ±26,136,000 ft2 highground 11 (D) Total Area Disturbed: ±600.2 acre (±26,145,982 ft2) (E) Primary Nursery Area: No (F) Water Classification: C-Sw-NSW Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a 2-lane vehicular bridge and 2 golf cart bridges over Brice Creek, and construct a canoe launch dock on Brice Creek within the continuing development of the Carolina Colours Subdivision and golf course. Carolina Creek, LLC C/O Kenneth Peregoy Craven County Express Permit Review Program Project setting Kenneth Peregoy, on behalf of Carolina Creek, LLC, has requested the attached application be processed under the Express Permit Review Program, for the construction of three bridges and a canoe launch access in the Carolina Colours Subdivision under the name of Carolina Colours. The site is located within the City Limits of New Bern, on both sides of Brice Creek off the Trent River in Craven County, North Carolina. The applicant's parcel of land is ±1,724 acres and is being developed as a 1,700-lot single-family subdivision with some town homes, and an 18-hole golf course including a clubhouse, cart shed, and maintenance building. For location purposes, the tract can be best described as being bounded by SR 1101 to the south, SR 1116 to the north, SR 1111 to the west and the Atlantic & East Coast Rail Road to the east. Current development on the site includes paved roads, single-family homes, town homes, and a community clubhouse, with all work outside any CAMA Area of Environmental Concern (AEC). Work on this site has been authorized by the Division of Land Resources under Permits No. CRAVE-2005-047 issued on 3 May 2005 and CRAVE-2008-023 issued on 11 January 2008, by the Division of Water Quality under a 401 WQ Certification for Project #04-2050 issued 21 February 2005, by the Division of Water Quality under Stormwater Permits No. SW7041019 and SW7050336 issued 9 May 2005, as well as by the US Army Corps of Engineers under Action ID 200510374 as a NWP 14 issued on 21 February 2005. The project area is located towards the upper end of Brice Creek and is comprised of three creek crossings and one creek access area. The 4 project sites on the property are bordered upstream and downstream by Section 404 Wetlands (delineated by Scott Jones of the US Army Corps of Engineers) on both sides of Brice Creek that transition to wooded uplands as you move away from the creek. The 404 Wetlands are vegetated with a combination of mixed wetland hardwoods dominated by Cypress and a limited under story of wetland grasses. The upland areas are a mix of various hardwood trees and pines with an under story of mowed vines and herbaceous shrubs. The site varies in elevation from 0' to 30' above the normal water level (NWL). The existing bridge on SR 1111 downstream of the project area has a vertical navigable clearance of 3.5' above the NWL. Brice Creek in the project areas is classified as C-Sw- NSW by the Environmental Management Commission and is not open to shellfishing. This area has been classified as Inland Waters by agreement between the North Carolina Division of Marine Fisheries and the North Carolina Wildlife Resources Commission. Project description The applicant proposes to construct a bridge over Brice Creek and 404 Wetlands to extend Creekscape Crossing Road, in order to access additional lots on the south side of Brice Creek for development and connection into SR 1101. The plats identify this crossing Carolina Creek, LLC C/O Kenneth Peregoy Craven County Page Two Express Permit Review Program as Impact #3. The bridge will be a ±38' by ±1501 steel truss bridge with a concrete deck and will completely span the creek and adjacent wetlands. The creek at this location is ±42' wide with a depth of -7' below the NWL. The proposed bridge will have a minimum vertical navigation clearance of 6' above the NWL as well as a minimum of 3' of clearance above any wetland areas as measured from the wetland substrate to the bottom of the stringer. Concrete abutments (end bents) are proposed at both ends of the bridge in high ground and will require the excavation of 1,600 ft2 (±475 cubic yards) of uplands. The excavated material will be disposed of onsite in an upland area. A total of ±22,500 ft2 of fill material will be placed landward of the end bents to create the road fill bed, with an asphalt-paved surface of 30' wide. This fill material will be outside of any 404 Wetlands . and will have a disturbance limit width of ±751 Two wooden bridges are proposed over Brice Creek associated with ongoing construction of the golf course. The plats identify these crossings as Impacts #6 and #8. The cart path bridge identified as Impact #8 is ±600' upstream of the aforementioned Creekscape Crossing bridge location. This wooden bridge is proposed as ±10' wide by ±400' long and will have 2 piling wood bents every 12 feet. The creek at this location is ±30' wide with a depth of -6' below the NWL. The proposed wooden bridge will have a minimum vertical navigation clearance of 6' above the NWL, and a center span of ±20' creating a navigable width of ±20' (centered on the creek), as well as a minimum of 3' of clearance above any wetland areas. The cart path bridge identified as Impact #6 is well upstream of the aforementioned Impact #8 bridge location. This wooden bridge is also proposed as ±10' wide by ±400' long and will have 2 piling wood bents every 12 feet. The creek at this location is ±143' wide with a depth of -6' below the NWL. The proposed wooden bridge will have a minimum vertical navigation clearance of 6' above the NWL, and a center span of ±20' creating a navigable width of ±20' (centered over the deepest portion of the creek), as well as a minimum of 3' of clearance above any wetland areas. A community access dock with a canoe launch is proposed on Brice Creek and is identified as Impact #16 on the plats. The access consist of a 10' wide gravel drive off the end of the Burlywood Lane cul-de-sac terminating at a 7 space gravel parking area. A ±6' wide by ±40' long wooden access with steps will be constructed down the creek bank to a ±6' wide by ±20' long fixed dock. The portion of the access that is constructed over wetlands will be elevated at least 3' above the wetland substrate as measured to the bottom of the stringer. Approximately 0.11 acres of disturbance is proposed within the 30' Coastal Shoreline AEC. Overall, ±600 acres of disturbance are proposed on the site. Impervious surface within the 30' Coastal Shoreline AEC is proposed at ±0.17%, and the amount of impervious surface for the entire site is ±21 %. Carolina Creek, LLC C/O Kenneth Peregoy Craven County Page Three Express Permit Review Program The bridges and a portion of one of the fill approaches, along with the canoe launch access, will be placed within the Neuse River Basin Buffer area. The applicant proposes to continue development of a 1,700-lot subdivision along with the golf course, including access roads and parking areas. Anticipated impacts The project as proposed will result in the shading of ±3,446 ft2 of creek bottom as well as ±6,536 ft2 of 404 Delineated Wetlands associated with the construction of the three bridges and access dock. The project as proposed will result in the disturbance of ±600 acres (±26,136,000 ft2) of uplands. David W. Moye - 9 June 2008 DOM MP4 -?o5ov3 APPLICATION for MaJor Development Permit (last revised 12127/06) 1. Primary Applicant/ Landowner Information North Carolina DIVISION OF COASTAL MANAGEMENT Business Name Project Name (if applicable) Carolina Creek Llc Carolina Colours Applicant 1: First Name MI Last Name Kenneth I Peregoy Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 503 West Thurman Road New Bern NC ZIP Country Phone No. FAX No. 28562 US 252 - 636 - 3700 ext. 252 - 634 - 9900 Street Address (if different from above) City State ZIP SAME Email kperegoy@carolinacolours.com 2. AgentlContractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP .Email <Form continues on back> V IUN 1 0 2008 DENR - WATER QUAUTY --0 Akin ernaraWATFR BRANCH i'?, ?,' 7' •^ Qn (,! t'? ?_ ,*°, tit a`.1 .{} .. '?, ^ ?(?? t.t R,? ^ ? I•'1k ?:: ? ? ?, ??? .. \I4I Sfi7 3N . P'8 I : t;: !7? x'7i. f,+ ?.'. r? R fNA rn AA u71 Cpl E" P3? F' FT ? . AA 4'' ? Form DCM MP-1 (Page 2 of 4) 3. Project Location APPLICATION for Major Development Permit County (can be multiple) Street Address State Rd # Craven Carolina Colours 1 mile southwest of intersection of Thurman . and US 70 Subdivision Name City State Zip Carolina Colours New Bern NC 1 28562- Phone No. Lot No. (s) (if many, attach additional page with list) 252 - 636 - 3700 ext. n/a, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Neuse Brice Creek c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ?Manmade ?Unknown Trent River e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ?No work falls within. New Bern- See agreement (Attachment G) 4. Site Description a. Total length of shoreline on the tract (ft.) b Size of entire tract (sq.ft.) 37,539 75,097,440 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or , appx. 0.25 to 2 acres, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 0-30 FT ?NHW or ®NWL e. Vegetation on tract Various trees, shrubs, and grasses. f. Man-made features and uses now on tract Single family residences, Subdivision roads, Community Clubhouse, School, Townhouses g. Identify and describe the existing land uses adiacent to the proposed project site. Residential single family subdivision h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? R-8 (Attach zoning compliance certificate, if applicable) ®Yes ?No ?NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes []No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes ?No ®NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes ®No ?NA National Register listed or eligible property? <Form continues on next page> e =!.;J'-#f,}t'b••?'?tElf? ., 'I ••f4t?t?-?#f24:?)?? 't`' „ ?rsrus,w.rzc?,?s?z? ,tea#rttwcen?a¢#s,*aaa?rKn.e?r 4. Form DCM.MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? []Yes ?No (ii) Are there coastal wetlands on the site? ?Yes []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ?No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Gravity collection system, force mains, and pump stations o. Describe existing drinking water supply source. City of New Bern Water p. Describe existing storm water management or treatment systems. Low density curb outlet systems, ponds, and swales 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ?Commercial []Public/Government []Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Creekscape Crossing Bridge will be on a thoroughfare through the tract with daily local traffic, the wooden pile raised bridges will be utilized by golf carts and pedestrian traffic as well as maintenance vehicles . Dock for use as community canoe landing. These will serve an approximately 1,700 lot subdivision. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Pile drivers, crane (for main bridge) concrete trucks, paving machine, backhoe, dump trucks; If needed storage of equipment will be in upland areas away from any AECs. d. List all development activities you propose. Creekscape Crossing bridge to be a steel truss bridge w/ concrete deck and concrete revetments on either side of Brice Creek and will provide two-way traffic @ 38 ft wide; Two (2) 10' Wide Wooden Pile Raised Bridges to be installed at two (2) locations along Brice Creek. Dock to be installed for a canoe landing. These will serve the associated approximately 1,700 lot subdivision. e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? 0.11 acres AEC impact. & Approx. 500 acres for entire subdivision. ?Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ?Yes []No ?NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. In the AEC: Run-off from proposed bridge and boardwalks. Proposed and existing subdivisions primarily Low density with curb outlet systems. In the High density areas the stormwater is treated with BMPs in accordance with state standards. i. Will wastewater or stormwater be discharged into a wetland? ®Yes ?No ?NA If yes, will this discharged water be of the same salinity as the receiving water? ®Yes ?No ?NA j. Is there any mitigation proposed? ?Yes ?No []NA If yes, attach a mitigation proposal. <Form continues on back> 2,1%2-1108-20 (la .. 1-aeSO-41MOftSTi` .. tinrznAwr.aaf° a> Sf traa?a??a?ay p?ah>rnR.w?ef. Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information d?? l;nn t. t cc nr-leled y? ,`rcat ,?i ?c?r;, ,^P-i ,? e `_ p items i e'or. ?.?? i?i?caL?e nw?f t e suh? i ?'e,l r ?.??'?r fot the ap?? . ?t?on a tia A h?? ` r ern,, 'e,e ife?»s ja) - (f) area ats a?? cable fU any m ,r _7 yr r}ment ai?c!icat?on PIPa_P cc.,? Jt the at)F1'i atioo e'ru?,':?ri r klet r ? ..: fc , ?/,?;.; ?,repare ? N rPgt r.rl ite;r? ? ?'ol., a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. tlame SEE* ATTACHMENT D - Ph^nz No Address Name Phone No. Address Name Phone No Address- g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. See Attachment E In. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7 Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date c41- T &P Print Name Kenneth . Peregoy Signature. G2c-s Please indicate application attachments pertaining to your proposed project. ?DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information , rc>aEafrn? en?Rq?rA?:? t 7, ••6 0 8 -F40 48 I - Qt;t 8 - fft:!AA 5 `if` inrvv vv .a1 c Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. approx. 1,700 Approx. 1,700 single family lots, townhouses,club house, cart shed, maintenance building c. Density (give the number of residential units and the units per acre). Approx. 1,700 units; approx, 1 / acre e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land-disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ®Yes ?No ?NA (ii) If yes, list the date submitted: multiple dates g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. 0.17% i. Give the percentage of the entire tract to be covered by impervious and/or built-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. approx 21 % j. Describe proposed method of sewage disposal. City of New Bern - see Attachment G 1. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface run-off primarily through curb outlet systems. In High density areas the run-off is treated with BMPs in accordance with state standards. d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. approx. 0.11 acres within AEC; approx 600 acres within the development. f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. asphalt, concrete, rooftops h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ®Yes ?No ?NA (ii) If yes, list the date submitted Multiple dates k. Have the facilities described in Item (i) received state or local approval? ®Yes ?No ?NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ?Yes ®No ?NA If yes, attach appropriate documentation. C i 4,-tc kv, Q cvi E '?',-<"14? 3-• .v6rft Y :: 'I••8tft£u-?I•i + Sri °~°1" ;: ?nnru nr a?+g ee t.rtsnA;an?r e?xpF ni,i e4 rinrised: 12126106, m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) Public system - City of New Bern o. When was the lot(s) platted and recorded? 12 / 28 / 2005 n. (i) Will water be impounded? ®Yes ?No ?NA (ii) If yes, how many acres? approx 35 p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ®Yes ?No ?NA Dat- - Carc! na Colours Prcje-t Kenneth 1 "Peregoy -.-----....---- Applicant N e Appli atwe 4Rl6-2$Rf?E3 :: -XRSStl-eR6,?'.G) ? "t :: vvvvyu.,3a is aQ:rsrlfxxart a F=i,rtrf_lt.tip RS'lrl^r A,.Ct: "I r,?<rk,</QHf Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ?Commercial ?Public/Government ®Private/Community ? ThiS section not applicahle b. (i) Will the facility be open to the general public? ?Yes ®No c. (i) Dock(s) and/or pier(s) (ii) Number 1 (iii) Length 40 ft (iv) Width 6 ft (v) Floating ?Yes ®No d. (i) Are Finger Piers included? ?Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating ?Yes ?No e. (i) Are Platforms included? ®Yes ?No f. (i) Are Boatlifts included? ?Yes ®No If yes: If yes: (ii) Number 1 (ii) Number (iii) Length 14 ft (iii) Length (iv) Width 6 ft (iv) Width (v) Floating ?Yes ®No Note. Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 0 ? Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service 0 ? Dockage, fuel, and marine supplies ? Dockage ("wet slips") only, number of slips: ? Dry storage; number of boats: ? Boat ramp(s); number of boat ramps: ® Other, please describe: Canoe landinq i. Check the proposed type of siting: ? Land cut and access channel ?Open water; dredging for basin and/or channel ®Open water; no dredging required ?Other; please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Canoes k. Typical boat length: 16 ft m (i) Will the facility have tie pilings? ?Yes ®No (ii) If yes number of tie pilings? 1. (i) Will the facility be open to the general public? ?Yes ®No r"iR?•n30x?`3••w.S.a5k?3 ,",? "?•i3??i ?FC?a?f's p)'? ?: 1?4alRa1N?Rd1' f.EU?rri<;r??IIRLn:9i?^eRfPF,?^!li'd?;^8l?,lk@.":'?` R''1??4pp?,mR2C?: "I??..1d'.AT/???tR FF.oirni P CM EWIF- (51inscUmvps, Paters 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS El This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ? Office Toilets ? Toilets for patrons; Number: ; Location. ? Showers ? Boatholding tank pumpout, Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel-handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live-aboard dockage? k. Describe design measures that promote boat basin flushing? 1. If this project is an expansion of an existing marina, what types of services are currently provided? m Is the marina/docking facility proposed within a primary or secondary nursery area? ?Yes ?No F i, f't(k?e_?ff6Pit ;: '1- E ii-<>Gk?4 f -rf ;, vu?nrenr._paa r.,rr?aR;f aleta rrat ?nnaeeet.f,fe t re irised: 12/27/06 ?F04111 C MF-4 ($11:1-F.ictures, taifje 'tip of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ?Yes ?No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ?Yes ?No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE jincludin?? ?. eyed lifts) EThIs section not applicable a. (i) Is the boathouse structure(s): []Commercial []Public/Government []Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e g., sheetr,,,., 61+ !f i groin t,sP MP-2. Evcavatinn and Fill) C This se,:bon not ahnlicable a. (i) Number (ii) Length (iii) Width 5. BREAKWATER (e g, woo l ,ieetpile, etc.) ?Thi see tu?n not al pncdbie? a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS OTlri. s??tton not i q,hr ii -- a. Is the structure(s): b. Number []Commercial []Public/Government []Private/Community c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note. This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL 1'99.rA rifl4 f?M7l F;FL Nl C1: revised: 't?./ZVOG F'Offilt 0CM 4rli F-4 (Str#r. :ftsres, Mgge 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines approx. 300 ft Note. For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body approx 42 ft e. (i) Will navigational aids be required as a result of the project? ?Yes ®No ?NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. N/A d. Water depth at waterward end of structure at NLW or NWL 2ft 8. OTHER a. Give complete description: Canoe landing ?This section not applicable Date' Carolina Colours Project Nan-- ----- - Kenneth 1. F'ereg,)y Applicant N, nr -u _ Applic gnature L/ e1 3?4f73- ,6 hf7 a-fiats 1Pe .l;A??€a"i' n wYnnnr.aen r ?r a,aA?lstp.?s R a rne;lt net revised., 12/27/06 Form 8CM MP-5 BRIDGES and CULVERTS Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES ?This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ?Commercial ?Public/Government ElPrivate/Community Brice Creek c. Type of bridge (construction material): One Steel Truss Bridge; Two (2) Wooden Pile bridges d. Water depth at the proposed crossing at NLW or NWL: approx. 6 ft e. (i) Will proposed bridge replace an existing bridge? ?Yes ®No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) 9 Length of proposed bridge: Steel Truss - 150 ft; golf cart bridges appx. 400 ft (x2) i. Will the proposed bridge affect existing water flow? ®Yes ?No If yes, explain: Abutments and piles will have minimal impact on flow f. (i) Will proposed bridge replace an existing culvert? ?Yes ®No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) h. Width of proposed bridge: 38' (Truss) 10' (Cart) j. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ?Yes ®No If yes, explain: k. Navigation clearance underneath proposed bridge: min. 6 ft I. Have you contacted the U.S. Coast Guard concerning their approval? ?Yes ®No If yes, explain m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: min. 3' waters? ?Yes []No If yes, explain: 2. CULVERTS a• Number of culverts proposed: ?Thi , see ,ion nct ??h/>Rrable b. Water body in which the culvert is to be placed: ;".f3(01 :. .t-flf6fG?i.Ifli (J!tA a"? 1?pY9f ^•r t C:Sg?. c $aIGFI 3PAiA1?u TPrt.rit.BA? _ A'?:\ri t*&t: ?E1/:?:r?/GD(J L'F'09111) R FAV-5 Fi;trl(kpes anti COverts, Paaie 2 of 4) < Form continues on back> c. Type of culvert (construction material): d. (i) Will proposed culvert replace an existing bridge? ?Yes ?No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? (Explain) e. (i) Will proposed culvert replace an existing culvert? f Length of proposed culvert: g. Width of proposed culvert: h. Height of the top of the proposed culvert above the NHW or NWL. i. Depth of culvert to be buried below existing bottom contour. j. Will the proposed culvert affect navigation by reducing or k. Will the proposed culvert affect existing water flow? increasing the existing navigable opening? ?Yes ?No ?Yes ?No If yes, explain: If yes, explain: 3. EXCAVATION and FILL a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ?Yes ®No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: c. (i) Will the placement of the proposed bridge or culvert require any high-ground excavation? ®Yes ?No s 1 If yes, /"or Gc?1tLT e+? L°.ttf f?Ct? (ii) Avg. length of area to be excavated: 20 x 2 (iii) Avg. width of area to be excavated: 40 x 2 (iv) Avg. depth of area to be excavated: 8 x 2 (v) Amount of material to be excavated in cubic yards. 475 b ?Yes ?No If yes, (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) ? i his seution n ,( applhcahle (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?Cw ?SAV ?SB ?WL ®None (ii) Describe the purpose of the excavation in these areas: r .;;r_?,gta7...;G€xGft? :: 'R°°,R?f3,FiF?f,Fb??s ?'t" :: ?e?fru?wv ena raza?tT.Reei;?tr?cR?Rx?er?tsarz,t. R?e?rf?*c[: 1tA/;?".P?/taF Forin 0CM -5 (Rrild$jes aaif] CECIVerts, Pal!.?e 3 of 41) d. If the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: On site-existing high ground (ii) Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? ?Yes ?No (If no, attach a letter granting permission from the owner.) (iv) Will the disposal area be available for future maintenance? ?Yes ?No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ?CW ?SAV ?WL ?SB ?None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ? ?Yes ?No If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ?Yes ®No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ?CW ?SAV ?SB ?WL ®None (ii) Describe the purpose of the excavation in these areas: g (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high-ground? ®Yes ?No If yes, (ii) Avg. length of area to be filled: 450 ft (iii) Avg. width of area to be filled: 80 ft (iv) Purpose of fill: roadway fill 4. GENERAL a. Will the proposed project require the relocation of any existing utility lines? ?Yes ®No If yes, explain: b. Will the proposed project require the construction of any temporary detour structures? ?Yes ®No If yes, explain. If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. < Form continues on back> _sg4ltt-4£GP£a .s 't ..;i•fCf.•-'f•f4t>"?` Zra?nnn req a:qfasf nWFrfagu sc;@oa lit. net I€°Orin.. 4"DC€$. MP-5 (Urlidges and Cii.de,reirts, Flage A. of 4) C. Will the proposed project require any work channels? d ?Yes ®No If yes, complete Form DCM-MP-2, e. What type of construction equipment will be used (for example, f dragline, backhoe, or hydraulic dredge)? Pile driver, backhoe, crane, cement truck, dump truck How will excavated or fill material be kept on site and erosion controlled? Any excavated material will be placed on the upland areas that will be part of the proposed golf course. Will wetlands be crossed in transporting equipment to project site? ?Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. g. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ?Yes ®No If yes, complete form MP-2, Section 3 for Shoreline Stabilization only. Date ` Carolina Colours Project Name Kenneth Peregoy Applicant Name Applican ignatr:ie l .r."-? c}fS-^$ fs`.4 1 r?i t?_.f,pta APB b'R' .: ?nrenf+nF e1 f.6=rtb +S&')4,. , as +?annea?4.?a @ A eavR! c cP: '10/2115/06 10:41 MAY 29, 2008 ID: OFFICE, DENR TEL NO: 252-975-3716 #14559 PAGE: 3/3 From: 05/29/2008 10:34 #114 P.002/002 LIMITED LIABILITY COMPANY ANNUAL REPORT NAME OF LIMITED LIABILITY COMPANY: CAROLINA CREEK, LLC FISCAL YEAR ENDING: 12/31/07 STATE OF INCORPORATION: NC SECRETARY OF STATE R.L.L.P. ID NUMBER: 0 7 0 4 7 5 5 FEDERAL EMPLOYER ID NUMBER: 542137927 NATURE OF BUSINESS: REAL ESTATE DEVELOPMENT REGISTERED AGENT: KENNETH I. PEREGOY REGISTERED OFFICE MAILING ADDRESS: 503 WEST THURMAN ROAD y. LtY-= NEW BERN, N.C. 28562 REGISTERED OFFICE STREET ADDRESS: 503 WEST THURMAN ROAD NEW BERN, N.C. 28562 CRAVEN SIGNATURE OF THE NEW REGISTERED AGENT: CONSENT TOLTLfAPPDINTMENT PRINCIPAL OFFICE TELEPHONE NUMBER: 252-636-3700 PRINCIPAL OFFICE MAILINSADDRESS: 503 WEST THURMAN ROAD NEW BERN, N.C. 28562 PRINCIPAL OFFICE STREET ADDRESS: 503 WEST THURMAN ROAD NEW BERN, N.C. 28562 MANAGERS/MEMBERSMRGAN IZERS: Name: KENNETH M. KIRKMAN Name: Title: MANAGING MEMBER Title: Address: 255 CEDAR LANE Address: City: NEWPORT State:NC zIP: 2 8 5 7 0 City: State: ZIP: Name: Title: Address: city. State: ZIP: CERTIFICATION OF ANNUAL REPORT MUST BE COMPLETED BY ALL LIMITED LIABILITY COMPANIES FORM MUST BE SIGNED BY A MANAGER/MEMBER DATE KENNETH M KIRKMAN MANAGER TYPE OR PRINT NAME TYPE OR PRINT TITLE ANNUAL REPORT FEE: $200 MAIL TO: Secretary of State • Corporations Division • Post Office Box 29526 • Raleigh, NO 27626-0525 766291 04-27-07 CAROLINA COLOURS CAMA Major Development Permit Narrative & Additional Information NEW BERN, NORTH CAROLINA Prepared for: Carolina Creek LLC 503 West Thurman Road New Bern, NC 28562 Prepared by: v McIQM&?ED v 2807 Neuse Blvd., Building 5 (252)633-5899 Project # 31.34-0054 CAROLINA COLOURS GOLF COURSE Riparian Buffer Impacts NEW BERN, NC Craven County McKim & Creed Project # 3134-0054 May 08 Table of Contents DESIGN NARRATIVE ATTACHMENT A - CAMA Major and PCN Plan ATTACHMENT B - Crossing Enlargements & Bridge Details ATTACHMENT C - Deed ATTACHMENT D - List of Adjacent Land Owners & Certified Receipts ATTACHMENT E - Previously Permitted Area Map and Permits ATTACHMENT F - Wetland Delineation Map ATTACHMENT G - Water and Sewer Agreement Carolina Colours CAMA Major Development Permit New Bern, North Carolina January, 2008 DESIGN NARRATIVE General Information Project Name: Carolina Colours - CAMA Major Development Permit Address: Carolina Colours, New Bern, Craven County, NC River Basin: Neuse River Basin Stream Name: Brice Creek Stream Classification: C; Sw; NSW, index# 27-101-40-(1); dated 05/01/88 Acres in Tract: 1,724 Wetland Acres: 443.7 (total tract) Tax Parcel ID: 7-104-001 Project Information Carolina Colours is a residential community under development with approximately 1,700 lots, an 18 hole golf course, driving range, and community center. This development is located in Craven County on the western side of US 70, being further located on the east and west sides of Waterscape Way beginning approximately 1 mile southwest of the intersection of Thurman Road (SR 1116) and US 70. The work within the Area of Environmental Concern (AEC) consists of construction of two (2) golf cart / pedestrian bridges across Brice Creek, a community canoe launch, and a steel truss bridge connecting the east and west sides of the development. The golf cart / pedestrian bridges will be constructed in locations #6 & #8 (shown on Attachment A - the CAMA Major and Preconstruction Notification Plan) as 10' wide raised wooden pile structure with wooden slatted decking. There will be a minimum three foot (3 ft) clearance over all wetlands to allow natural light below. The creek's channel shall not be altered or be made un-navigable. There will be a six foot (6 ft) minimum clearance above the normal water level (NWL) of the creek to allow recreational navigation (see attaclunent B). Although these are the minin711111 clearances to be maintained, the height to the decking for the vast majority of the elevated cart path will be in the 6 to 7 foot range and the height over the water will be 8 to 9 feet. The golf cart bridges are to be built with the decking at or above flood elevation. A 20' free span shall be maintained at the center of the channel. A 6' wide proposed community canoe launch will be constructed at location #16 on CAMA Major & Pre-Construction Notification Plan. The elevated decking to the launch shall be a minimum of 3' above the wetlands. The dock will step down at the water to allow easy launching and retrieval for canoes. Construction of a 38' wide Steel truss bridge with concrete deck and concrete revetments on either side of Brice creek will provide two-way traffic within the community at location #3 on the plan. ATTACHMENT A CAMA MAJOR AND PRECONSTRUCTION NOTIFICATION PLAN N W?E 8 # S 0 Vo''wa" 'rVOgs ,wvpj0 ,?F" f:?f. a? 4 ^? F \?+ FUTURED ' DPMENT IMPACT SUMMARY P-in luP-iffarl-Nn ddinnatinn ol-Men fro R,afar Imnarts, mpad# atlrdlmped OW m PredrrW APpoval Complebd7 at) Impact M ImpeU (Iq Pomdded7 aNaR•no straw Impact Road clankli; 1 3571 6500 0 Y (tb(2) Y 15D•Amowabla culvert • no stream impact Road omkV 5573 0 (1),(2 Y 1517•Moweds. panning wetlands and atrewwnw wetlad or m bgacL Buffer In"d for D am 0 (2) 0"eNe 4 171 0 Y (1 2) No stream at We location Bftn culvert • no stn wnI pact Road aotetrq 1915 5500 0 Y (1),(2 n 15C•Akombte. inilamnation Elevated boardwalk • nowatand Impact 7 D W 13 707 0 0 wetlads 14 25790 D Y (3 Y solated wetlards s , ! Requires Permit-Mitigation Required for Buffer impacts: gEVEL ENT r 1 w %q E e VICINITY MAP •"" ?? 1 Wgljlf { NOT TO SCALE \\, '111t, J 4gWdd In tide boadaete• rowdmd or stream 0 1200 D n application n impact Mitigation Required WDWa. Included inOft Elwalad bordwelN•roWelland aehwn 8, 0 1 p on n Impala MMpatlolRequired PerDWQ Included In this EleRnoled bordwak-roWelland or e 0 1200 0 n application n knp-L 1Wtlpetlon required per DWO. Included In Oft Elr4ated boardwalk •noWelland orrream 10 0 12DO 0 n MltlpabonRequired prDWO. Included In We Elevated bordwdk• no wetland ormream 11 0 1200 0 n application n impact Mitigation required per DWCL - Included In this Elevated boardwalk • no Welland or dream 0 n impact Mtlgdan required per DWQ Included In Ode Elevated boardwalk • no wetland or stream 15 1200 0 n application Mitigation required per DWa. #8 Requires Permit-No Mitigation RrIquired for Buffer Impacts: IkuiuREDEVELOP'CNT #3 `??? " ) ry #13 Included bade 3evated boadwalk - no Wetland or dream e' a D application n WSW dependent WickawAllowable. included In this wa5add at ft location. Bddpe eJvrWal 17 D 0560 B application n impact Rudd arosakp <150%OJbwable Included In this tea boadwalk • no wdad or *ft= 16 0 1200 0 n application n mped, areameanRiA4bN hit-Allowabte i S E 4 NOTES: _.:,.? r?. M CAMA Permit Required NW 14 Action ID No. 200510374 . #1'8 + \ r Q o 16, - 040 \ , i rep Rp (z) APpoval of 401 war Quality Certification and Ad artutlm game News River Buffer Pmtectlon Rules Owo Pmlad #0 4-2050 of Isolated Wetade Pam* and Audnorlratlon Par the Nave River Buffer Protection Rules OWa Pm)W #04-2050 ver. 2 a FUTURE DEVELOPMEM ` (3) Approval UEMEWORYS TOOL ti . ?•... (] 7? ? ? 09 FUTURE DEVEL ENT 11; ' ?M LEGEND y. ,? # ;? ... ? .U= F ? ? I ! I „ Rr. ? ? tl? - - - - - - CITY OF NEW BERN LIMITS 4 c.? r i. y Y t• I I 11001111 I I 01N0110 1AACT BOUNDARY ) PARKWAY •" '?,. -?-'l" 1 ,.. _ { - ? l 17 ? ?.. v: ?V j 1-14' LANES w,lA 16 MEDIAN 115' FURtRE DEVELOP ENT R,gnf -of-abyf4' NED/AN 65' >? r r f g _ \\ W S - ??- Right-of-Way ®K£RANO CROSSINGS) P COLLECTOR 35 Bc BC, JO' EP -EP, 2-15' LANES, 65' Right-ol-Way ,?r#1 COLLECTOR f g'. t av ?? 31' BC-8C, 26' EP-fP, i . I V4.a <, 1. r (': i i'ce' '• 2-16' LANES. 61' Right-of-Way #17 )' V f 4" A A MINOR 25' BC-BC, 20' EP-EP, (? ?' ul tay '? 2-10' LANES, 53' Right-of-Way 40 #15 j1 r •*•avaxaRea. ;,,.. £ I CT AREA 40 # aaswsW ?' sw•wy 1 i ?? #1 , f f ?? I 2 1 /?? j E OPME as°xsw 1 ?#10 p ` #11 'e1pe'+'ewr 404 WETLANDS a? f n 00 .oxwwew - a 'ash RIPARIAN BUFFER jn r sMA ?' M*_ #9 j _ a"AA #12 _ 1 coLr CART PATH aa? / 1 .. _.__ _ ....... - ,-ra car COIF CART PATH BRIDGE _.._........_.AI?O ... _ ATlANT1C8C0 awmkwrWUew r _.... .... GOLF TEES r. GOLF (;KEEN US HIGHWAY ID °s mwuvew' 600' 0 600' 1200' SCALE: 1"-600' (Horia.) CAROLINA COLOURS DATE: rEBINUrY200e SCALE "•" MCE PP.OJ. M D]I]4-00]7 CE101 v???&CREED Carolina Creek LLC GOLF COMMUNITY NO. DRxwN Rd., FPM ores w,un DEMCNED I • as 2607 Meuse Boulevard 503 West Thurman Road CHECKED EX VERTICAL: New Bern' North Corouno 28562 New Bern, NC 28562 CAMA MAJOR & PRDJ. Mart. E NA Phone: (252)633-5899 fox: x: (2 (252)633-6551 PRE-CONSTRUCTION NOTIFICATION STATUS: wesm VISIONS PLAN Preliminary Design www.mcdenareed.aom Not Released for Construction ATTACHMENT B CROSSING ENLARGEMENTS AND BRIDGE DETAILS Ss S/w J ? y y y w I 30 -AEC r' die y D B 1 1 l wl I CERISE 5, Now "cp& !(38 X a50) ?' RCTAI I PHASE 1 30 Ali j ? NG I SUBDIVISION - y _ OVAL I y RETAINIfJ I 1: y r/ , y Vii[ L r 0E WE N `B'UN .. 4 v? - - +9 6+ _(EXfsr?NC? 4 pp ---? ?`/ ORAINA i V_ r CERISE . N q V PHASE 3-'- ?IETLAND . , . 'BOUNDARY i V. SUBDIVISION„ 80' 0 80' 160' IMPACT #3 SCALE: 1"=80' (Hor;z.) 1"=8' (Vert.) CROSS SECTION CREEKSCAPE CROWNG NOT M SCALE Y' 1-E 1/1' MI at ET.K NAACM YACRNL SEAL FOR INFORMATIONAL PURPOSES ONLY 2807 Neuse Boulevard, Bldg 5 New Bern, North Carolina 26562 Phone: (252) 6JJ-5899, Fox: (252) 6JJ-6551 www.mckimcreed.com Carolina Creek LLC 503 West Thurman Road New Bern, NC 28562 CAROLINA COLOURS RIPARIAN BUFFER IMPACT #3 DATE: MAY 2006 JUICE PROD. M 03134-0054 DRAWN RJL, JPM DESIGNED RJL, PM CHECKED EJF PROJ. MGR. EJF SCALE NkC FLE NUNBFA CE701 HORIZONTAL: DRAWNG NUMBER AS SHOWN VERTICAL: 1 AS SHOWN STATUS: Preliminary Design BE"?o~ Not Released for Construction NOV ALL SpADN11YS SMALL WOENUR TD A MUORAM or IS a& IM PS p D UNAUE TD D ADEQUATE STABILITY. PAVEMENT SECMN oA NOT TO SCALE STEADFAST BRWES KEYSTONE STYLE z "?A N I -A i V/ l , i CENTER TO CENTER OF HEARING TTPICAI. EMATION OF BRWE N_T.3. NOTE: PRELD"ARY USE ONLY; SUBSECT TO CHANGE -WITH- FINAL DESIGN. IV IMPACT #3 PROFILE BRICE CREEK BRIDGE ON CREEKSCAPE CROSSING BRWGE BRWGC UFTNG I y Y 2 ANCSHO' BOLT TOTAL QUANTITIES FOR BOTH ABIITNENTS SPAN WEIGHT (LBS) ,HCHES) ( RrCHES) COI/CRETE (CYD REINFORCNG (POIMUS) 50' 80,000 2'-3- 4 -3" 13'-6" 51'-4" 1 1/4 150 18.000 75' 1]0.000 2'-3' 4'-3' iS-0' T6'-4" 1 1/1 190 18000 100' 160,000 7-3, 4'-6" 14'-0" 101'-4" 1 112 155 19,000 125' 190.000 2'-6' S'-0" 15'-0" 126-4 l 1/2 170 21,000 ;;7- 1 ]40.000 2-6' S'-3' 16'-0" ISi-4' 11/2 115 23.000 PRELIMINARY ONLY NOT FOR CONSTRUCTION ABUTMENT DESIGN A ___.AM_ .?a rA E.ci?? r11WNN +s Avw1wE m KAiWN u1AmY. a A.uren tWO1 s w AImNA1Q 14N x -srrwN IRfafitMre 7911 NWMY wWKf'. NK ?Rwl h AANR rK10NN /IL l4AKN KfaRIOwAT06 Alp 11!>r A YAMY SB9K A00GK1N1 Cmffl6Mr 6 aN C ATYROf OON r5 aAO M IW OTICrwN M X IOIOKY ApLL 9! ?Mn?YN6 w ?AA ?fN?wID._ ACCYBMIIN A ? al3 a Awteewr KTAU HwOM We nw AWIREIIN a FAOH soc K x a1mNN W1 a ARIRar NAYAM41s N K x srle a aN1R sre ar x a®N E RAORUN9 Q AWIRON W ?[ oo[ WM 44N. 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OMAIRII 5 YY106W w KMS?TM.4 NAM.'S?wltM P[?A?wrTl ? AMYV.m Nm W x srKr N InISN1e1Mr. s v1 ?Y4A S=Wa.-iMN[sm ixxrnMHdtt Yimie ti Kxw 4CNMIwY NOES MAY K AYwMJB13 x KSCM W INS ARM11aMT H44 m1®TRm OLY x SINICYIRAI MTE_YY V THE AB mw l1m, N GKaMNG N1X IHF MET NL0 _ SGL M CKAUIY 1K1E9 (S AM>. 111. M w%IM K SLOK ST MIWMATMX SCd1R LNI 9R AMY O11HFR - SKCNC - SHALL K x RESPp4M" 6 THE ONIA "/OR M HW V iAM- R. DAVID G. R?GERS, PE STRUCTURAL ENGINEERING Ina zv-a AvcNa SPKIT LKC. a SIX$ KY.RY I- I- I Kvswt 24' WADE TWO-LANE TRUSS BRIDGE STANDARD ABUTMENT SECTION & DET HS 25 VEHICLE STEADFAST BRIDGE ci uAiM.t .alavrr; ETEADFASTBRIDGE3 nAT7„CL.2`.YA.-.rIG, THESE PLANS, AS INSTRUMENTS OF SEANCE, ARE PROPERTY SOLELY OF STEADFAST BRIDGES AND DAVID G ROGERS. PE THEY ARE NOT TO BE REPRODUCED FOR ANY PURPOSE OR USED N ANY OTHER MANNER WITHOUT WRITTEN AUTHORIZATION OF STEADFAST BRIDGES AND DAVID G. ROG13M PE. 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I 12+00 \ W W, oor 001.410 3F 1'. y iJ+ m1 U 1 '0 001 \ ?' a 301 - -___zi ml W W W 10+00 . l1 -001 t wa c-= /o UPLANDS _ y UPLANDS C °%? T 104;7_ I - 1 1 W Y W / W v -,vpc .OCsIOC y W ',. y \\ I I W?/ W W W I W ?? 1 W? '? 3O' AEC W', W E140 OF '? ?l 'w W W WI ?? w W! W W W BRIDGE WETLAND p'i? Q W W '.TIE-* @ BFE WI y ? ? y .?t W 30' AEC a s W W LIMITS Of W W W W W ?: y BOUNDARY I,. pit D TURBANCE 1 - Ir `y ?\ W W W ?s (? JJII J? W W 'W LIMITS OF a !?'1 W W W W W W N W w.. CI W W W W DISTURBANCE N I WE CLANKS.. v y+ TLD r?1; u" Z ylw? y ?NETI?AND W \'W NWL ... W _ Q UND RYA, ?, y I r?l ?BOUN AR1? fZ; -Z W O ROPOSED W W W W W 104 pW ® ' y y B OP W W 3C' AEC-?-? N W W W W W` W' W o -?lyr? 10' WIDE CAR y INI W as 1 ` BRIDGE M '. i W W W„ iI `: W W W _W I W I. rr" /O i W W W W W ; 4,. .I N I I A 1 + W .- y y I i ?W W W W W ?W% J. r ?? Ill .,I W. W W1 W W W ¦ f.' W W N W W W -END QF W W y 80' 0 80' 160' IMPACT #6 W a TIE-IN IE @ BFE IMPACT #8 VERT SCALE: 1 "=8' o a P1?OPOSED R1D ,SURF :. 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ZONE. 1. ._._ - ' + 10--50 11+00 +50 12 +00- 12+50 13 +00 13+! 14+00 I T CAROLINA COLOURS Carolina Creek LLC 503 West Thurman Road New Bern, NC 28562 RIPARIAN BUFFER IMPACTS #6+#8 DATE: MAY 2008 MCE PROJ• k 03134-0054 DRAWN RJL, JPM DESIGNED RJL, JPM CHECKED EJF PROD. MGR. EJF SCALE Marc FIE NUMBER CE702 HORIZONTAL: ORAVRNC NUMBER AS SHOWN VERTICAL: 4 AS SHOWN STATUS: Preliminary Design R: Not Released for Construction 10'-0" •• ** 6' WIDE FOR IMPACT #18 3X10 CAP m 2X12 RAIL -6X8 POST 6X6 CONTINUOUS BOTH SIDES F_2X6 DECKING .T: it --0-- i 2 JOIST I-BEAM SECTION - A NOT TO SCALE 12'-0" 6'-0" 1 e'-0" U U i i o z 0 ? r 12'-0" 6'-0" 1 e'-0" A-? i NOT /TO SCALE NWL v W BRICE CREEK-CONC. PILES NOTE: DOWNSTREAM BRIDGE CLEARANCE MEASURED AT 3'-6" ON 4/24/08 NOT TO SCALE OWNER; CAROLINA COLOURS CAROLINA CREEK, LLC Riparian Buffer Crossing 503 WEST THURMAN ROAD NEW BERN, NORTH CARO CAROLINA 28560 City of New Bern - No. 7 TWP - CRAVEN CO. - NORTH CAROLINA TELE: (252) 636-3700 DATE: MAY 2008 v M?-TQM?C:REED TYPICAL RAISED WOODEN PILE 2807 NEUSE BLVD. BLDG. 5 GOLF CART / PEDESTRIAN BRIDGE DETAIL NEW BERN, NORTH CAROUNA 28560 G TELE: (252) 633-5899 J FAX: (252) 633-6551 .S L IL 4f L L WtTL# Nf? S. . 40t :7-7 L k (1?, '? r Q UPLAN y - GPG? DS' -V _io- 50r ,RIPARIAN BUFFER L co z t 1? Hr 41 L V y y y y I 4 i y j .- y ?" y w ., y y ? ,' /... A y UPLANDS y WETL" NZ- 1 y ' +?W L y y ? y y > > WETLAND LJ i 1 BOUNDARY - _ 1.4 NWL ?? UPLANDS _ O ?? o W W UPLANDS WETLAND G?AVEL PARKING I O yp y 'BOUNDARY \d \ 1 ?,? m yN*_ V y' 6'. WIDE CANOE 1 I, y yl - LAUNCH ACCESS 1 v (SEE SHEET,, 4) C EEK _ ( f'4Rt,4 tP?R 1A I -2 - -- 30 AEC -._ 30 AEC 15 i 77111 _ , _- APPROX. Ex I W GROUND BFE=11.O? 10 STAIRS' _ W/ RAILING -- -- _x.5 . '--- - I ` __ _ .. I- 4 _ ..... ........ 2X70"'7RTU WOODEN FRAM W 2Xf TRTD DEC ING 5 ' 2X-0 7R7D IN TERMEDIAT ?.... .......... LANDING 1 + 6 WIDE WOODE CANOE LANDING .. ,- 0 „APPROX- EXIST G - -- :GROUND ? -' ?r -5 10+00 10+50 11+00 11+50 40' 0 40' 80' HORIZ SCALE: 1"=40' VERT SCALE:1 "=4' y y / y- U yr: y y 80' 0 80' 160' WETLAND y y y r-' BOUNDARY: y 1, yy I ' 'I y y ?? r ( y y y HORIZ SCALE: 1"=80' FOR INFORMATIONAL PURPOSES ONLY .46 v N?II?VI v ?C?R?ED 2807 Neuse Boulevord, Bldg 5 New Bern, North Corolino 28562 Phone (252) 633-5899, Fox: (252) 633-6551 www.mckimcreed.com Carolina Creek LLC 503 West Thurman Road New Bern, NC 28562 CAROLINA COLOURS RIPARIAN BUFFER IMPACT #16 DATE: MAY 2008 MCE PROJ. N 03134-0054 DRAWN RJL, JPM DESIGNED RJL, JPM CHECKED EJF PROJ. MGR. EJF SCALE sac wuE NUMBER CE703 HORIZONTAL: DRNxtNG NUMBER AS SHOWN VERTICAL: 6 AS SHOWN STATUS: Preliminary Design RENL6N Not Released for Construction INTERMED A E LA4DIN 1 J' MI ABOV WE LAND GALVANIZED PIPE ENCASED IN PVC FOR LAUNCHING CANOE LANDING 1' ABOVE NWL RAIL 42' CREEK WIDTH 00 n m n m M x NWL 8' 0 8' 16' HORIZ SCALE: 1"=8' FOR INFORMATIONAL PURPOSES ONLY 46 v MFM?VI ? &c-ED 2807 Neuse Boulevard, Bldg 5 New Bern, North Carolina 28562 Phone (252) 6JJ-5699, fox (252) 633-6551 Carolina Creek LLC 503 West Thurman Road New Bern, NC 28562 www.mckimcreed.com TREATED STAIR STRINGERS 8X8 TR PILE 1X6 UNG 2X8 TOP RAIL PNIZED PIPE ISED IN PVC 8 X 6 LAUNCHING AMBER PILE TED 2x10 'ER TO TRA) 2X10 JOINING JOISTS TREATED 1X10 SUPPOR JOISTS T 1X10 ER TREATED 1X10 8 X 8 GIRDER (TIP) ER PILE 314" THROUGH BOLT HOT DIP GALVANIZED SECTIONS NOT 10 SCALE 6'-0" 6'-0" - I? I? IU 4 x 4 CURB TOP OF DECK l 1 ' 2 X 6j I 2xlu SUPPORT JOIST DECKING - ---_ APPROX (2 EA.) ` 2 X 10 ? SPACER EXISANG GROUND 2 X 10 7R7D STAIR JOIST STRINGER CENTER RAIL 6X8 6x8 HALF-POST TIMBER PILE (FOR RAIL ONL Y) I PLAN NOT TO SCALE CAROLINA COLOURS CANOE LANDING PLAN + DETAILS 1X6 SIDE RAIL 1X6 CENTER ::",L CURB r 1X6 f DECKING 0 I 6'-0"(MAX.) L -i \\ I \ \ \ 36' MIN. HEIGHT OVER N£TLANDS \\I DATE: MAY 2008 MCE J. A 03134-0054 DRAWN RJL, JPM DESIGNED RJL, JPM CHECKED EJF PROJ. MGR. EJF SCALE MkC fILE NUMBER CE50 1 HORIZONTAL: DRANNG NUMBER AS SHOWN VERTICAL: 7 AS SHOWN STATUS: Preliminary Design RE"?GN Not Released for Construction r 12'-0" ATTACHMENT C DEED d v n txcis Ta 7ail l after -? o This instrument was 111111111111 lil lllN lf?I lilll ilNl ??I lilllBNl IfAI ?111111111(iII NBlill Imago ID 000000000112 Type: CRP liecorded: 32/28/200$ at 12139:68 PH Fee Amt: $7,034.00 Page i of 4 Excite Tax: $7,011.00 craven nr Becky l?hompson Repiatsr'of Deeds BK2397 K1461 Instruments North Carolina General Warranty Deed Recording Time, Book and Page "1 toff - icwu J byQS Steven K. Bell, Esquire . Suite 5, 312 S. Front Street Post Office Box 1355 New Bern, North Carolina 28563 pvid?S. Morris, Esquire NORTH CARQLINA)?ENERAIL A TY DEED THIS DEED made this 22th day of December,'SQO,?, b and b weep: rRANTO : BCP Investors LLC 100 Westo Estates Way Cary, Nortl Carolina 27513=2259 GRANTEE: Carolina C eek LLC PMB 342 4915-J Are dell Street Morehead ity, North Carolina 28557 The designation Grantor and Grantee as used herein shall include said parties, their heirs, succ?tsors, nd assigns, and shall include singular, plural, masculine, feminine or neuter as required bycontext. WITNESSETf•i, that the raptor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by here presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of Ian situated in Craven County, North Carolina and more particularly described as follows: See Exhiblt A attjched hereto and by this reference made a part hereof. The property hereinabove I escribed was acquired by Grantor by instrument recorded in Book No. 2258, Page 478 FAD0CCdoc200510490.wpd I I i Sook:2397,Page:461 in the office of the Register of Deeds, Craven County, North Carolina. TO HAVE AND TO HO' D the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple, And the Grantor cvvenar. _ convey the same in fee sit warrant and defend the ?__...hereinafter stated.. ._ Title to the imperztv here ?dEncla to be, si d written. STATE OF NORTH C COUNTY QF WAKE aforesaid certify that JUl Manager of BrP 1NVES' do so, voluntarily and for Witness my hand and (affix stamp or seal here) with the Grantee, that Grantor is seized of the premises in fee simple, has the right to le, that title is marketable and free and clear of all encumbrances, and that Grantor will le against the lawful claims of all persons whomsoever except for the exceptions above described is subject to the following exceptions: ances as listed on Exhibit B attached hereto and incorporated herein by reference. DF, the Grantor has hereunto set his hand and seal and has caused this instrument lity company name by its duly authorized manager, the day and year first above N W. RAWL, personally appeared b ?o me thr RS LLC, a North Ca.-ol•,ra limited'lia,i ty c fo purposes stated herein executed the fore oin ddb d stamp or seal, this e>c day of ??aaasoeao 0 o o o ?h = ' ted/Typed Name: r o Notary Public My Commission expires: Image ID: 000000909113 Tlpe; CRP Page 4 of 4 aK2397 PAU ?t)t eh'di ? $clock 20 80 9 ? !M , A"A I 4-U.. 0'. -L f Register of Deeds C ven oun Becky Thompson day and acknowledged that he is fan Jh the, being authorized to rr? Ma6ger of said company, 2005. ..zJ•.-2 Book:2397,Page:46' 1 BCP INVESTORS LLC I EXHIBIT A All of those certain tracts of land lying-and being situated in New Bern, Craved County, North Carolina, acquired by the Grantor in a Deed f?om Weyerheauser Real Estate Development Company dated December 16, 2004 and recorded in Book 2258-at 'age 478 in the office of the Register of Deeds, Craven County, North Carolina, but SAVING AND EXCEPT G THEREFROM all property heretofore conveyed to Grantee by Grantor by a Deed dated April 14,2005 reeor ed in Book 2296, Page 52; by a Deed dated June 30, 2005 recorded in Book 2325, Page 281; bya Deed dated Au ist 1, 2005 recorded in Book 2338, Page 426; by a Deed dated September 29, 2005 -.secorded_in_Book_.23.63,;Pa a 900; by.a Deed dated_September.29, 2005..recorded_in_Book-2363,-Page.909; and.by-- a Deed d=ib k?uary26, 2 05 recorded in Book 2273, Page 843, all in the office of the Register of Deeds, Craven County, Cax Tina, The for doing pFopert 23 nveyed subject to the lien of a Purchase Money Deed ofTrust dated December 16, 2004 from CP I iGestorsLC o CH Pope, Jr., Trustee, for the benefit of Weyerheauser Real Estate Development Company rekorde ip ? 0 2258, Page 486 in the office of the Register of Deeds, Craven County, North Carolina, securing'a PurliYase ' gtie? romissory Note dated December 16, 2004 in the principal sum of $1,960,000.00, together.wti?afl n cru . ar?d a aid interest thereon which, by acceptance of this conveyance the Grantee assumes and agrees to pay- 7 . 0 0 , I IlI IIiI NIIII IO NIA 11111 lll? 11111 ll?l III11811(I 111 lllfi 11111 lllli fill 1111 R M 000000808116 T pe; CRP Paq BK23, 7 Pa463 3 of 4 Book:2397,Page:461 2. ... 3. 4. 5.. 7. 8.. 9. 10 Riparian/littoral rig] flow of any creeks, by. David L. Jones,, Rights of way for r2 on and across the if . _ ...Title to any portion Cou .Line Road Eas et'] t the Ot Rp ister?o0eeds, L. Jonp, Jr., PAS, f Easement to Cilia 6. Ease tent office of th?lCegist 1 by David L. Ipnep, Easements, setba k Book 12, Page 19, Easement(s) to Sou of the Register of Title to that portio David L. Jones, Jr., Survey by David L a. possible ga H Monette b. possible en Sharon H. I1 c. possible bot Book 21.59, Those easements at Register of Deeds, EXHIBIT B Permitted Encumbrances s incident to the land, including but not limited to the continuous and uninterrupted 'eams, branches and ditches crossing the insured land as shown on the survey prepared ., PLS, dated August 2, 2004. road, switch tracks, spur tracks, railway facilities and other related easements, if any, f the property within the public rights-of-.way of Waterscape Way;-Wilcox Road and shown on the survey prepared by David L. Jones, Jr., PLS, dated August 2, 2004. of New Dom recorded in Book 1249, Page 624; and Book 514, Page 346, office ofthe raven County, North Carolina, as shown on the Surveyors Report prepared by David Edwin Zimmerly and Eric Michael Steele recorded in Book 1170, Page 231, office of 3, Craven County, North Carolina, as shown on both the survey prepared by David L, August 2, 2004 and the Surveyors Report prepared by David L. Jones, Jr., PLS. I er and Light Company recorded in Book 770, Page 123; and Book 7 57, Page 404, De s, Craven County, North Carolina, as shown on the Surveyors Report prepared PLS Ines n titer matters shown on plat recorded in Map Book 11, Page 48; and Map tc f the -e is ar of Deeds, Craven County, North Carolina. aern ell el phone a Te graph Company recorded in Book 757, Page 404, office tna. of the lan-d-vithin the bot d fU-t tN grounds as shown on the survey prepared by PLS, dated Au st 2, 2 04, to etl 6l wt right of ingress, egress and regress thereto. Jones,. Jr., PLS, as ed ugut 2; 2 Ot4rr veal the following: along boundary wt?,tttt now ref e l or tied by J.G. Monette and wife, Sharon (Deed Book 777, Page b>$??, ) roachmentofpropertycorneT a dno drf erlyowned byJ.G. Monette and wife, lonette (Deed Book 777, Page 6? tndary line overlap with land nor or fbrt e ly o e by & elopment, LLC (Deed PG 866). id other matters described in a deed recorde i Bo k 58,P e 478 in the office of the Craven County, North Carolina. Imape 10: 000000909115 /? (?P/a?pe 6K23V ( Po464 f;; ! Book:2397,Page:46 ATTACHMENT D LIST OF ADJACENT LAND OWNERS CERTIFIED MAIL RECEIPTS r BY Try y 3 f t•? VICINITY MAP *"e NOT TO SCALE PDWOW, LL N Ina W*E S 9 4 FUTURE DEVELOPMENT DEVELOPMENT #8 DEVELOPMENT \#16 #3 Project: Carolina Colours LEGEND SEAL 1 FOR INFORMATIONAL PURPOSES ONLY 3?', PUTUREDEVEL T .;?,•'Y•' OPMEENN -j e•:a ,,??> 44vrarm ? U 7 c q zo:D _11 Vt I , ` FUTURE DEVELOP „?' ? 1 ?• 1 , ? r f i DEVELOPMENT '7'r J "-tit J J 1 t l V CP. krj)'i 6-L.I.I?I If`tT ,iI 1 ` ._..?4:?.r ' . v 1VICM v SCREED 2807 Neuse Boulevard, Bldg 5 New Bern, North Carolino 28562 Phone: (252) 633-5899, Fox: (752) 631-6551 www.mckimcreed.com 4 AA .' `? R.1 ? ? ? F ??h 1 ? I rI > ( . KIRKMAN, ...^...9,',p , I_. `? Carolina Creek LLC 503 West Thurman Road New Bern, NC 28562 SCALE M4C FILE NUMBER MAP HORIZONTAL: DRAWING NUMBER 1"=1200' VERTICAL: ' NA ADJACENT RIPARIAN OWNERS STATUS: Preliminary Design REMSION Not Released for Construction FUTURE DEVELOPMENT Impact Type of N Impact Comments 7 Spanning wetlands and stream-no Brid Aa wetland or buffer impact 6 Elevated boardwalk - no wetland or Golf Cart Crossing stream impact 6 Elevated boardwalk . no wetland or Golf Cart Crossing 9 stream impact 16 Canoe Launch levated boardwalk - no wetland or Stream impact CAROLINA URS - CAMA APPLICATION PARCEL OWNER OWNER ADDRESS PROPERTY ADDRESS ARCELID DEED BOOK/PAGE LEGAL DESC UMBER . WOW, LLC 5905 NEUSE BLVD, GRANtsBORO. NC 78529 4003 WILL ROAD 7-104-2(X) 2396 / 0288 T CRAVEN 32-TR3 PI) WOW. LLC 5905 NEUSE BLVD. PARCEL 7 91AVEY FOR WEYERHAEUSER GRANTSBORO. NC 28529 COUNTY LINE ROAD 7-101-9008 2396 / 0268 E ST O V PT CRAVEN ] KENNETH N KRKMAN. ET AL 255 CEDAR LANE, NEWPORT NC 28570 AIRPORT ROAD OLD 7-104-12000 2603 / 0587 INVESTMENT TRACT ALBERT A a MARY T MAFFUCCI - 972 NORM AVE LOT 22 CAROLINA COLOURS-CERISE PH ROCH- NY 10804 COUNTY UN ROAD 7-104-12-022 2655 / 0804 II OUOC TAI A. THUY NGOC PHAN 625 MARSHTREE LN, UT 304 L FAYETTEVILLE. NC 28314 3724 CERISE CCLE R 7-104-12-021 2710 / 0463 OT f CERISE -CAP NA COLOURS JAMES M. R 6 CATHY A LAVERTY 26 EAST RIDGE ROAD 0T 55 CAROLINA CCLauRS-SIENNA . EAST WILUSTON• NY 11598 90 NA TR,U 7-104-12-022 2334 / 0776 S PH2 S HENRY J R. a LINDA W MACDONALD 4508 WEST FAIRWAY DRIVE 07 60 CAROLINA COLOURS-SIENNA NEW BERN, NC 28552 SIENNA 3906 AI 7-I 4-4- 2433 / 0642 N'00 5 D REN SED I TRACT BOUNDARY ` #16 BUFFER/ IMPACT AREA - 404 WETLANDS II ?? RIPARIAN BUFFER GOLF CART PATH ->-E- GOLF CART PATH BRIDGE ., GOLF TEES GOLF GREEN CAROLINA COLOURS GOLF COMMUNITIY CAMA PERMIT ¦ Complete Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: ?,?e?p?? ?( Svc. A. Signature X 0 Agent ressee B. Rec etL (Printed Name) C. ate o Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 13 No 3. Service Type ? Certified mail 17 Express Mail 0 Registered ? Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 14. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (rransferfrom so 7007 1490 0000 9033 5135 e Ps Form 3811, February 2004 Domestic Return Receipt ?ozse5 az M tSao ¦ Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 5-?os` /ueo sv- eo-ct cl C, 0 Agent B. R4c$ived by (Printed Name) ' C. Date of Delivery D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: 0 No 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (fransferfrom service labeq 7007 1490 0000 9 0 3 3 8142 PS Form 3811, February 2119 Domestic Return Receipt 102595-M401-11540 Direct Query - Intranet Track/Confirm - Intranet Item Inquiry Item Number: 7007 1490 0000 9033 8128 This item was delivered on 04/15/2008 at 08:17 nature: Si9 r® 4 // / lie- Id - L? - ---? ?, , r / IV" Address: Enter Request Type and Item Number: (wick Search +:o Extensive Search '•.- f=?c ianation of Quick and Extensive Sesrcfie Submit Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home_Page. Page 1 of 1 http://pts.usps.gov/pts/imageView.do 5/27/2008 ¦ Complete Items t, 2, and & Also complete A. item 4 N Restricted D&Wm" is desired. X ¦ Print your name and address on the reverse so that we can return the card to you. B ¦ Attach this card to the back of the mailplece. or on the front N space permits. D. inr V ? PL L Delkk r GF'l?dAqOt dresses ate ?Av9ry b d0my eddroo dMfseri from Ibro 1 T Ufft B YES. erKer delivery address below: 0 No r pQ? l t 3 Senior Type Nerl1 ?'? t Q"? 0 CWWmd Md 0 Ewm Mail I !` ?6 0 Regiske; 0 Return Receipt for Mwdrandbe u 0 kroued Md 0 C.O.D. 4. Rsstrlcted DeWay? P" Feel 0 vbs 2. ArticleNurnber 7007 2680 0002 2670 3475 „PS 1 16iw tic Ream Receipt 1000e•ax-?e-ts40. A. si ? Agent ¦ Cofnp a Item 1 t 2. and 3. Also complete ? Addis ism 4 N ReetrkItIted Deb" Is desired' X "v ¦ Print your name and address on the reverse C. a of Del the cod to you. B. Recelved by ! 2 - e0 that we can return hnrJc of the mallpieoe, , •? "" _ _ D. b delverY sddese Or on the front N space permits' to: It YES, enter ddtvery address gelcw ?X?vc ?ti. ? ? ?vy (tJ.tCL 50 par c-He ?11?? JIIC. 8 ) ,? 2. Arsde Number r -=-irrnl s. Service Typo C nWed MOM 0 FAXW9 Md for Mew 0 Repbtered 0 Return Raodpt r] tnsrasd Mel 0 C.O.D. 4. Restricted rveriR P" Feed ------------- 7007 2680 0002 2870 3482 Domeattc P hn Receipt O Ybs ,a?a?ae+,t-so ,PS Form 00 1 +, UNI TED STATES AMU POSTAL SERVICE. Date: 06/05/2008 ERIC FRANK: The following is in response to your 06/05/2008 request for delivery information on your Certified item number 7007 2680 0002 2870 3499. The delivery record shows that this item was delivered on 05/31/2008 at 10:47 AM in WILLISTON PARK, NY 11596. The scanned image of the recipient information is provided below. ------------ Signature of Recipient: _- J - ------------ v Address of Recipient: y Thank you for selecting the Postal Service for your mailing needs. If you require additional ac-,"Stance please contact your local Post Office or postal representative. Sincerely, United States Postal Service Eric Frank From: U.S._Postal Service_ [U.S._Postal Service@usps.com] Sent: Thursday, June 05, 2008 3:55 PM To: Eric Frank Subject: USPS Shipment Info fur 7007 2680 0002 2870 3499 This is a post-only message. Please do not respond. Eric Frank has requested that you receive the current Track & Confirm information, as shown below. Current Track & Confirm e-mail information provided by the U.S. Postal Service. Label Number: 7007 2680 0002 2870 3499 Service Type: Certified Shipment Activity ------------------------ Location ------------------ ----------------- Date & Time --------------------- Delivered WILLISTON PARK NY 11596 05/31/08 10:47am Acceptance ------------------------ NEW BERN NC 28562 ------------------ ----------------- 05/28/08 11:48am --------------------- USPS has not verified the validity of any email addresses submitted via its online Track & Confirm tool. For more information, or if you have additional questions on Track & Confirm services and features, please visit the Frequently Asked Questions (FAQs) section of our Track & Confirm site at http://www.usps.com/shipping/trackandconfirmfags.htm om n- m 0 I - ED ni ru CWMWPee C3 (8Mww YReYOm 0 C3 to N Tow Floe & Few r` o rti °rP08wNa 1 ATTACHMENT E PREVIOUSLY PERMITTED AREAS MAP AND PERMITS N i W?E K,A• n? S ^1 f '`fit SITE ?414 \U 5 i 4 ? f 4 ?i SEAL) Ai?iUSC%?r, ? ti• ?14y?"'+'1rr'`ys3' ?, f Sl';r+"1 ? 5 i? y'.5ty y niter }5t - °? it t+?M 4i5x r'?5??{t 5 5 ? 1ti5 ? ? ? 4. ?? wi t { a p Ssa ?' S yl US - ?5 5 S ', l tl5;4+."'21li? St 1?tt?l?ir '`-0^a a .r r NSY ,YI t _ .. ,.u"s {? V u V?'.+ Y VS 5 ?-R tt t 5 N."" j1.r -yv vlmm 1411 /r 4 _ 11 1I ,. ..... __ _..-... .,,,,, .. -.__._.... ..... _._ 1; ...._.._...._? ._.._...._......... _._...._.__. .............. ......_.__ ..,,,,,,,._,...,._.._.... _ ............._._,_ II, ,.II?II, ?.-....... _...... .__..,_.....__ ?._.. . ... .. TRACT BOUNDARY .__. ..' i 404 WETLANDS ® RIPARIAN BUFFER PREVIOUSLY PERMITTED AREAS GOLF CART PATH -?? GOLF CART PATH BRIDGE GOLF TEES GOLF GREEN c['1, 600' 0 600' 1200' 5? t SCALE: 1"=000' (Heriz) V vMCMM&CREED 2x07 Neuse Boulevard, Bldg 5 New Bern. 1d0rth Carolina 28562 ?honP• (25%1) 63:,-5-5 0 fax: I252.1 E U-5551 vvww,mckir,cr=_ed.com Carolina Creek LLC 503 West Thurman Road New Bern, NC 28562 CAROLINA COLOURS GOLF COMMUNITY CAMA MAJOR & I PRE-CONSTRUCTION NOTIFICATION PREVIOUSLY PERMITED AREAS MAP SCALE MUL; RILE NUUBER R CE102 HO IZONTAL DRAVANG NUMBER 1200' dEETrAL: N STATUS: eEvlslor+ Preliminary Design Not Released for Construction LEGEND U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT 200510374 County: Craven USGS Quad: New Bern GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner i Authorized Agent: Carolina Creek LLC c/o Margaret Gray. McKlm & Creed, PA Address: 243 North Front Street Wil Walton. North Carolina 28401 Telephone No.: (910) 343-1048 Size and location of property (water body, road name/number, town, etc.): New Bern in Craven County. North Carolina. Description of projects area and activity: Applicant proposes to fil the Army turisdictional wetlands to facilitate the construction of Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 14 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans, may subject the pemrittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revoc#1tion, unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-3808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Scott Jones at (252) 975-1616 extension 27. j Corps Regulatory Official Date: 02/07/2005 Expiration Date of Verification: 02/07/2007 Page 1 of 2 Determination of Jurisdiction: ? Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal irocess ( Reference 33 CFR Part 331). ,I ? There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ? There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued 01/12/2005. Action ID 200510372 f Basis of Jurisdictional Determination: Corps Regulatory Official: ` Date 02/07/2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. Copy Furnished: Page 2 of 2 .O?0 4 W AT ?RQG O ^C Michael F. Easley, William G. Ross Jr., North Carolina Department of Environment and Natural 1 February 21, 2005 Carolina Creek, LLC C/o Ms. Margaret Gray 3946 Hwy 70 East New Bern, NC, 28562 Subject Property Carolina Colours Brice Creek, Class C Sw NSW Alan W. Klimek, P.E. Division of Water DWQ Project # 04 Craven C Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River! Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Ms. Gray: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.31 acres of wetlands and 26,500 square feet (fO) of protected riparian buffers for the purpose of constructing a subdivision at the subjeot property, as described within your application received by the N.C. Division of Water Quality (DWQ) on December 23, 2004. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). 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, Non- discharge, and other regulations. Also, this approval to proceed with your proposed impacts or toi conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. r 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 15A NCAC 211 .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: L 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: 401 Wetlands Certification Unk 1650 Mall Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Sufte 250, Raleigh, North Carolina 27604 Phone: 919.133-17861 FAX 919.733.68931Internet htto://h2o.enr.state, nc us/ncwetlands "o"?itCaro a ?vatura ? , w .. •. .w .. • ... ?..... ,. ._ nn,1• A.....1. J1?/111/ A--1M-?-....w. A-.w. i Carolina Colours Page 2 of 3 February 21, 2005 Amount Approved nits Plan Location or Reference 404/CAMA Wetlands 0.31 acres PCN form Buffers 26,500 (square ft. PCN form i 2. Erosion & Sediment Control Practices i Erosion and sediment control practices must be in full compliance wi;h 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 Planning 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 device's 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 musi comply with the reclamation in j 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 w/n 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'watO 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/Wetlands Unit, North Carolina Division of Water Quality,', 1650 Mail Service Center, Raleigh, NC, 27699-1650. 6. Diffuse Flow (No Review) All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at non-erosive velocities through the protected stream buffers such that it will not re-concentrate i Carolina Colours Pagel of 3 February 21, 2005 before discharging into a stream as identified within 15A NCAC 2B .0233 (5). If this is not possible, it may be necessary to provide stormwater facilities that are considered to remove nitrogen. This may require additional approval from this Office. 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 conduit 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 150]3' 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 Neuse riparian buffer protection rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly at 919-733-1786 or Tom Steffens in the DWQ Washington Regional Office at 252-946-6481. AWK/cbk Sincerely, Alan W. Klimek, P.E. Enclosures: GC 3404 Certificate of Completion cc: Margaret Gray, 243 North Front Street, Wilmington, NC, 28401 USACE Washington Regulatory Field Office DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Filename: 042050Col ours(Craven)401 +Buffer ttt ?' I` 9ATE State of North Carolina Department of Environment and Natural Resources Washington Regional Office Michael F. Easley, Govem William G. Ross, Jr., Secretary DIVISION OF LAND RESOURCES LAND QUALITY SECTION May 3, 2005 \XILETTER OF APPROVAL OF REVISED PLAN Carolina Creek, LLC ATl'N: Mr. Kenneth I. Peregoy, General Manager 119 Middle Street, New Bem, North Carolina 28560. RE: Erosion and Sedimentation Control Plan No.: Crave-2005-047 Carolina Colors.Golf Course and Driving Range unman XT-Ea erscape ay - Craven County Drainage Basin: Neuse Date Received: April 21, 2005 Responsible Party: Carolina Creek, LLC Dear Sir: This office has completed its review of the erosion and sedimentation control plan for the referenced 189.7 acre disturbance. ' Based on the information provided, we have determined the submitted plan for grading associated with the construction of a golf course and driving range, if properly implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF APPROVAL. In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program with the objective of PREVENTING sediment damage to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY YOUR RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the Act and the above listed modifications (if any): an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, ifno land-disturbing activity has been undertaken;' . a copy of the LATESTAPPROVED soil erosion and control plan must be on file at the job site; erosion and sediment control measures or devices were designed and are to be installed to safely withstand the runoff resulting from a 10 year storm event - 6.5 - 7 inche in 24 hqurs or 2.5 -3 inches in 1 hour 1;43 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946-6481, FAX 252-3716 cno4, ,,.i„4rinoinnrt-ronsumeroaoer Carolina Creep, LLC ATIN: Mr Kenneth I. Peregoy, General Manager May 3, 2005 Page 2 - a buffer zone, sufficient to restrain visible sedimentation, must be provided and maintained between the land-disturbing activity and any adjacent property or watercourse; -- new or affected slopes must be at.an angle that can be retained by vegetative cover; barren slopes must be Provided with a ground cover sufficient to, restrain erosion within the shorter of 15 working or 30 calendar dais of compledon of any phase (rough or final) of grading.. (RYE GRASS IS NOT in the approved. seeding specifications nor is it an ACCEPTABLE substitute for the providing of a ground cover); -- unless a temporary, manVactured, 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; in order to meet 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 is minimized -- a permanent ground cove sufficient to restrain erosion, must be provided within the shorter of 15 working or 90 calendar days after completion of construction or development; and, except in the case of an emergency, a revised erosion and sedimentation control plan must be submitted to and approved by this office prior to initiating any significant changes in the construction, grading or drainage plans; - : this approval is based, in part, on the accuracy of the informationprovided in the Financial Responsibility/Ownership form submitted with it project plans. You are required to file an amended form if there is any change in the information included on the form. This approval and the financial responsibility/liability cited in it does not automatically transfer with a change in project ownership. Be advised that this letter gives notice of our right of periodic inspection to ensure compliance with the approved plan and the program requirements. If the implemented plan is determined to be inadequate, this office may require that it be revised to comply with state law. Failure to comply with any part of the approved plan or with any requirements of this program, could result in the taking of appropriate legal action against the financially responsible party (Carolina Creep LLC). One option is the assessing' of a civil penalty of up to $5000 for'the initial violation plus up to $5000 per day for each day, the site is out of compliance. . In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial 'for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. Prior to beginning this project, you are required to either Carolina Creek, LLC ATTN: Mr. Kenneth I. Peregoy, General Manager May 3, 2005 Page 3 contact this office to advise Gary Novak (252-946-6481, ext.3860) of the construction start-up date„contractor and an on-site contact person OR, please, complete and return the attached Project Information sheet to the above named. The land-disturbing activity described in this plan may require approval or permitting from other Federal, State or local agencies. These could include the U.S. Army. Corps of Engineers under Article 404 jurisdiction, the Division of Water Quality - Surface Water Section under stormwater regulations, county, city or town agencies under other local ordinances, or other approvals that may be required. This approval does not supersede any other approval or permit. Please be advised that a rule to protect and maintain existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B.0233) applies to all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse River basin with forest vegetation on the adjacent land or "riparian area". In riparian areas with existing forest vegetation in the fast 30 feet directly adjacent to the stream, the rule prohibits land disturbance, new development and fertilizer use within the first 50 feet of land next to the water. In riparian areas with forest vegetation that is less than 30 feet wide, the rule prohibits land disturbance, new development and fertilizer use within the area that contains forest vegetation (but not the entire 50 foot riparian area). For more information about the riparian area rule, Please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786. Please be advised that all land disturbing activities affecting at least one acre will be required to have a (federal) NPDES permit. Enclosed is the Construction Activities General Permit - NCG010000 that for this project. The responsibility for understanding and complying with this permit rests with you. Be aware that failure to comply with this permit could result in both the State and Federal governments taking appropriate legal action. Contact the Division of Water Quality - Surface Water Section at (252) 946-6481 should you have any questions regarding monitoring and record keeping requirements of the permit. Sincerely, Maria A. Rogerson, El Assistant Regional Engineer MAR: kf Enclosure w/o enc. cc: Ms. Carrie Bollenbacher, PE, McKim & Creed Via email Mr. Alton Hodge, Division of Water Quality .C j 5 >1 4 VIA?FR ( v I Michael F. Easley, Governor, William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality DIVISION OF.WATER QUALITY May 9, .. 2005 . Carolina Creek, LLC Attn: Mr. Kenneth I. Petegoy 3946 Highway 70 East New Bern, NC 28562 Subject: Stormwater Permit No. SW7041019 Carolina Colours Master Plan Clearing & Grading Phase General Stormwater Permit Craven County -- - - -D e ate. Mr_- -P ex-e god : The Washington Regional Office received the completed Stormwater Application and supporting information on April 22, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7041019 dated May 9,. 2005 to Carolina Creek, LLC. This permit shall be effective from the date of ssuance.until rescinded and shall be subject to the conditions and limitations as specified therein. Any future development at this site will require an additional Stormwater review and a permit for any Stormwater control measures deemed appropriate. 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 receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B 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. North Carolina Division of Water Quality lntemet h2o.enr.statemc.us 9143 Washington Square Mall Phone: 252-946-6481 One Vzashi:ngton, NC 27889 FAX 252-946-9215 NofthCarohna A"i Equal opportunity/AMrmative Action Employer - 50% Recycledl1O% Post Consumer Paper Aduraliff If you have any questions, or need additional information concerning this matter, please contact me at (252) 948-3919. Sincerely, +r William J. bore Environmental Engineer Washington Regional Office State Stormwater Management Systems Permit No,_SW7041019 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES DIVISION OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERMIT 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 PERMISSIMIS HEREBY GRANTED TO Carolina Creek, LLC Craven County FOR-THE construction, operation and maintenance of stormwater management - -sy she ms i -c nip l?-ar?re e- i t- re r-o i s i-an s- f?? 1-NCAc -2H .10-0-0- - (hereafter referred to as the "stormwater. miles") and the approved stormwater 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 for grass swales and vegetated buffers to serve 'Carolina Colours Development located off US70 near New Bern, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN STANDARDS 1. This project involves clearing and grading activities for the streets and utilities associated with the Carolina Colours Master Plan of Development. Stormwater runoff will be treated by grass swales and sheet flow through vegetated buffers. As plans and details are finalized, future phases will be submitted for separate stormwater permits 2. Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3 3. No stormwater piping in addition to the existing piping shall. be... allowed except : a. That minimum amount, necessary to direct runoff beneath.an impervious surface such as a road. b. That minimum .amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLIANCE 1. Grasslined swales, vegetated buffers and other Best :.Management Practices used for.stormwater.runoff control shall be adequately maintained throughout the life of the project. 2. The permittee.shall at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written,information request. III GENERAL CONDITIONS .1. Failure to abide by the. conditions and limitations ..contained in this::-permit may subject the.Permittee to.an enforcement action.b.y.the-Division of Water Quality, in accordance with North Carolina General Statutes 143- 215.6A to 143..215.6C. 2. The, permit may be modified, revoked or.terminated for cause. The filing of a request for a permit modification, or termination does not void any permit condition. 3. The issuance of this, permit does not prohibit the Director` from reopening and modifying laws, rules, and regulations contained in Title 15A of the North Carolina Administrative Code, Subchapter 2H.1000; and North Carolina General Statute 143-215:1 et.al. 4. The following items will require a modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change a C. Change of ownership d. Redesign or addition to :the approved. amount of, built-upon area. e. Further subdivision of the project area f. In. addition, the Director may determine that other revisions to the project should require a modification to the permit. 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall. submit to the Director revised plans and specifications. and shall receive approval prior to.construction. 6. The Director may notify the permittee when the permitted 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 permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7_._?}?permit is not transferable to any person except after notice to and approval by the Director. The Director may require modification or revocation and reissuance of the permit to change the name and incorporate such other requirements as' may be necessary,.,, A formal permit request must be submitted to the Division.. of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8. The issuance of this permit does not preclude the Permittee 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 jurisdiction. 9. Any activities conducted within the 50-foot vegetated stream buffers on this project must comply with the Neuse Buffer Rules, and receive prior approval from the Division of Water Quality. 5 Permit issued this the 9 th day of May, 2005.. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klime , PE, Director Division of Water'Quality By Authority of the Environmental Management Commission Permit Number SW7041019 6 t, 65 D A7F Q? 0001 (.4o) Michael F. Easley, Governor William G. Rosa Jr, Secretary North Carolina Department of Environment and Nadual Resources Alan W. Klimek, PX Director Division of Water Quality DIVISION OF WATER QUALITY May 9, 2.0.05 Carolina Creek, LLC Attn: Mr. Kenneth I. Peregoy 3946 Highway 70 East :.. New Bern, NC 28562` Subject: Stormwater Permit No. SW7050336 Carolina Colours Golf Course Clearing & Grading Phase General Stormwater Permit Craven. County Dear Mr. Peregoy: -- - - The Washington Regional office received the completed Stormwater Application and supporting information on April 22, 2005. Staff review of the plans and specifications has determined that the project, as proposed, will comply with the Stormwater Regulations set forth in Title 15A NCAC 2H.1000.. :.We are forwarding Permit No. SW7050336 dated May 9, 2005 to Carolina Creek, LLC. This permit shall be effective from the date of issuance until rescinded and shall be subject to the conditions and limitations as specified therein. Any future development at this site will require an additional Stormwater review and a permit for any Stormwater control measures deemed appropriate. 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 receipt of this permit. This request must be in the form of a written petition, conforming to Chapter 150B 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. North Carolina Division of Water Quality Internet: h2o.emstate.no.us 943 Washington Square Mall Phone: 252-9466481 Washington, NO 27889 FAX 252-946-9215 tjaA C arrolina An Equal Opportunity/MrTnatnre Action Employer-50°k. Recycled/10°,6 Post Consumer Paper jr4 ? N Carolina Creek, LLC May 9, 2005 Page Two If you have any questions, or need. additional information concerning this matter, please contact..me at (252) 948-3919. Sincerely,', William J.. bore Environmental Engineer Washington Regional Office cc: ?McKim & Creed Wilmington, NC New Bern Planning/Inspections Washington Regional Office Central Files ..State Stormwater Management Systems Permit No SW 050336 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL, RESOURCES DIVISION'OF WATER QUALITY STATE STORMWATER MANAGEMENT PERMIT GENERAL PERMIT 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 Carolina Creek, LLC Craven County FOR THE systems in compliance with the provisions of 15A NCAC 2H.1000 (hereafter referred. to as the "stormwater rules") and the approved storniwater 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 for grass swales and vegetated buffers to.serve Carolina Colours Golf Course project located off US70 near New'Bern, NC. The Permit shall be effective from the date of issuance until rescinded and shall be subject to the following specific conditions and limitations. I. DESIGN. STANDARDS 1.. This project involves clearing and grading activities for the Carolina Colours Golf Course and Driving Range. Stormwate.r runoff will be treated by grass swales and sheet flow through vegetated buffers. 'As plans and details are finalized for the Clubhouse and parking facilities, a separate stormwater application will be submitted for a high density type permit. . 2 Approved plans and specifications for projects covered by this permit are incorporated by reference and are enforceable parts of the permit. 3 3. No storinwater'piping in addition to the existing piping shall be'allowed except: a. That minimum: amount..necessary to. direct runoff .beneath an-impervious-surface such as a road. b. That minimum. ;amount needed under driveways to provide access to lots. II. SCHEDULE OF COMPLIANCE 1. Grass lined swales, vegetated buffers and other Best Management Practices used for st.ormwater runoff control shall be adequately maintained.throughout the`life of the project. 2.. The permittee shall. at all times provide adequate erosion control measures in conformance with the approved Erosion Control Plan. 3. The permittee shall submit all information requested by the Director or his representative within the time frame specified in the written information request. III GENERAL CONDITIONS 1. Failure. to abide by the conditions and limitations contained in this permit may subject the Permittee to an enforcement` action by the Division.of Water Quality, in accordance with North Carolina General Statutes 143- 215.6A to 143.215..6C. 2. The permit may be modified, revoked or terminated for cause. The ..filing of a request.. for a permit modification, or termination does not void any permit condition. 3. The issuance of this permit does not prohibit the Director from reopening and modifying laws, rules, and regulations contained in Title 154 of the North Carolina Administrative.. Cole,. Subchapter 2H.•1000; and North Carolina General Statute 143-215.1 et.al. 4. The following items will require a,modification to the permit: a. Any revision to the approved plans, regardless of size b. Project name change 4 C. Change of ownership d. Redesign. or addition to the approved amount of built-upon area. e. Further subdivision of the project.area f. In addition,-the-Director may determine that other revisions: to the project should require a modification to the permit. 5. For any additions or modifications of the previously permitted built-upon area, the permittee shall submit to the Director revised plans and'specifications'and shall receive approval prior to construction. 6. The Director may notify the permittee when the permitted site does not meet one or' more of the minimum -requirements ..of the permit. Within the time frame specified in the notice, the permi ttee shall submit a written time schedule to the Director for modifying the site to meet minimum requirements. The permittee shall provide copies of revised plans and certification in writing to the Director that the changes have been made. 7. The permit is not transferable.to any person except after notice to and approval by the Director. The irec or may require modification or revocation and._reissuance of the permit to change the name and incorporate such other requirements as may be necessary. A formal permit request must be submitted to the Division of Water Quality accompanied by the appropriate fee, documentation from both parties involved, and other supporting materials as may be appropriate. The approval of this request will be considered on its merits, and may or may not be approved. 8. The issuance of this permit does not preclude the Permittee.from complying with any and all statutes, rules, regulations, or ordinances that may be imposed by other government agencies: (Local, state and federal), which have jurisdiction. 9. Any 'activities conducted within the 50-foot. vegetated stream buffers on this project must comply with the Neuse Buffer Rules, and receive prior approval from the Division of Water Quality. 5 Permit issued this the 9 th day of May, 2005. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION Alan W. Klim •, PE, Director Division of Water.Quality By Authority.of the Environmental Management Commission Permit Number'SW7050336 6 r? State of North Carolina 0 3r-/? gnu"?1? Department of Environment and Natural Resources Washington Regional Office Michael F, Easley, Govemor DIVISION OF LAND RESOURCES LAND QUALITY SECTION January 11, 2008 William G. Ross, Jr,; Secretary LETTER OF APPROVAL WITH MODIFICATIONS Carolina Creek, LLC Attn: Mr. Kenneth I. Peregoy 503 West Thurman Road New Bern, North Carolina 28562 RE: Erosion and Sedimentation Control Plan No. CRAVE-2008-023 Carolina Colours Golf Course Holes 13-16 NCSR 1.101- Craven County River Basin: Neuse Date Received: December 21, 2007 Responsible Party: Carolina Creek, LLC Dear Sir; This office has completed its review of the erosion and sedimentation control plan for the referenced 41-acre disturbance. Based on the information provided, we have determined the submitted plan for the Clearing and grubbing, dated December 19, 2007, if properly implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF APPROVAL WITH MODIFICATIONS: 1. The plan shows work within the existing wetlands, prior to construction you must provide this office with a copy of the permit allowing this work from the appropriate state or federal agency. 2. A minimum of 15 days prior to the start of any additional land disturbance, including golf course grading or road construction, an approvable revised plan must be submitted to this office for approval. 3. Provide a groundcover (temporary or permanent) on exposed slopes within 21 calendar days following completion of any phase of grading; and, a permanent. groundcover for all disturbed areas within 15 working days or 90 calendar days (whichever is shorter) following completion of construction or development, 943 Washington Square Mall, Washington, North Carolina 27889 Telephone 252-946.6481, FAX 252.975-3716 An Equal Opportunity Employer 50%recycledl10%post-consumer paper Carolina. Creek, LLC Attn: Mr. Kenneth I. Peregoy January 11, 2008 Page 2 In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program with the OBJECTIVE of PREVENTING SEDIMENT DAMAGE to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY, YOUR LEGAL RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the Act and the above listed modifications (if any): -- an erosion and sedimentation control plan is only valid for 3 years following the date of initial approval, if no land-disturbing activity has been undertaken; -- the LATEST APPROVED soil erosion and sediment control plan will be used during inspection to determine compliance and a copy of the plan must be on file at the job site; -- erosion and sediment control measures or devices are to be installed to safely withstand the runoff resulting from a 10 year storm event - 6.5 - 7 inches in 24 hours or at the rate of 6.5 - 7 inches in 1 hour. -- unless the off-site borrow and/or disposal sites are identified in the erosion control plan, no earthen material is to be brought on or removed from the project site; -- except in the case of a storm related emergency, a revised erosion and sedimentation control plan must be submitted to and approved by this office prior to initiating any significant changes in the construction, grading or drainage plans; -- 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; -- new or affected cut or filled slopes must be at an angle that can be retained by vegetative cover, AND must be provided with around cover sufficient to restrain erosion within 21 calendar days of completion of any phase (rough or tnal) of sradinF (RYE GRASS IS NOT in the APPROVED seeding specifications NOR is it an ACCEPTABLE substitute for the providing of a temporary ground cover); -- the CERTIFICATE OF PLAN APPROVAL must be posted at the primary entrance to the job site and remain until the site. is permanently stabilized; -- 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 Carolina Creek, LLC Attn:lVlr. Kenneth I. Peregoy January 11, 2008 Page 3 tacked, with an acceptable tacking material, or crimped in place; -- 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; -- a Permanent rround cover, stifficient restrain erosion, must be provided within the shorter of 15 working or 90 calendar days after completion of construction or development on any portion of the tract (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); and, -- this approval is based, in part, on the accuracy of the information provided in the Financial Responsibility/Ownership form submitted with the project plans. You are required to file an amended form if there is any change in the information included on the form. This approval and the financial responsibilityRiability cited in it does not automatically transfer with a change in project ownership. Be advised that to ensure compliance with the approved plan and the program requirements, unannounced periodic inspections will be made. 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. (Note: Revisions to the 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 the taking of appropriate legal action (civil or criminal) against the financially responsible party (Carolina Creep LLC). Some options are Stop Work Orders and the assessing of a civil penalty of up to $5000 for the initial violation plus up to $5000 per day for each day the site is out of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. Prior to beginning this project, YOU ARE REQUIRED TO either CONTACT THIS OFFICE TO ADVISE Allison Ward (252-946- 6481, ext. 3857) OF THE CONSTRUCTION START-UP DATE, contractor and on-site contact person OR complete and return the attached Project Information Sheet to the above named. Acceptance and approval of this plan is conditioned upon your compliance with Federal and State water quality laws, regulations and rules. In addition, the land disturbing activity described in this plan may also require approval or permitting from other agencies - Federal, State or local. These could include the U.S. Army Corps of Engineers under Article 4.0.4 jurisdiction, the Division of Water Quality - Surface Water Section under stormwater regulations (contact the Stormwater group at 252-946-6481); county, city or town agencies under other local ordinances, or other approvals that may be required. This approval does not supersede any other approval or permit. Carolina Creek, LLC Attn: Mr. Kenneth I. Peregoy January 11, 20018 Page 4 Please be advised that a rule to protect and maintain existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B.0233) applies to a 50 (horizontal) foot wide zone along all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse River basin. In riparian areas, the rule prohibits land disturbance, new development and fertilizer use in the first 30 (horizontal) feet directly adjacent to the stream and/or coastal wetland vegetation. Clearing, seeding and a one-time fertilizer use to establish the grass is allowed within the riparian area 20 feet landward of the first 30 feet of riparian area, but new development is prohibited. For more information about the riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786. Please be advised that all land-disturbing activities affecting 1 or more acres are required to have a (Federal) NPDES permit. Enclosed is the Construction Activities General NPDES Permit - NCG010000 for this project. The responsibility for understanding and complying with this permit rests with you, the financially responsible party. Be aware that failure to comply with this permit could result in both the State and Federal governments taking appropriate legal action. Contact the Division of Water Quality - Surface Water Section at (252) 946-6481 should you have any questions regarding monitoring and record keeping requirements of the permit. Sincerely, Robert Belvin, El Assistant Regional Engineer enclosure w/o enc. cc: Eric J. Frank, P.E., McKim & Creed Tere Barrett, Division of Coastal Management Tracey Wheeler, USACE Alton Hodge, Division of Water Quality ATTACHMENT F WETLAND DELINEATION MAP ATTACHMENT G WATER AND SEWER AGREEMENT i i i From: ALDERMAN JUL IUS C. PAAMAM. JR. p00[RT O. RAYNOR, JR. MACK L.'MAX FREEZE JOSEPH H. MATTINGLY. JR. BARBARA LEE WILLIAM N. BALLINGER 05/18/2008 10:47 (9i#g xtf Nefu PZM TlFe a ttlenwite of Par* &Vn lina Aerita?ae POUNCED 1710 Phone; (262) 636.4000 P.O. Box 1129 INiia Aleut, pa Z5563 -1129 December 12, 2003 Mr. John Doughty Weyerhaeuser Real Estate Development Company P.O. Box 1391 New Bern, NC 28563 Dear Mr. Doughty: 4104 P.001/004 TOM DAYLIS6. III MAYOR WALTER S. HARTMAN, JR, CRY Mmwm VICKIE H. JOHNSON CITY CLERK MARYCITY8. MTREALJRAAEUAERGLI Weyerhaeuser Real Estate Development Company ("WREDCO" ), a subsidiary of Weyerhaeuser Company, has presented to the City of New Bern ("City") a conceptual plan for the development of approximately 1989 acres of land, located just off Highway 70, just south of the Taberna community, within the City. The conceptual plan for the land ("Property") was prepared by W.R. Love, and shows nearly 1950 living units, a golf course, other recreational 'and open space uses, a possible 133 acre school campus, 80 acres of commercial property, and other uses related to those enumerated ("Plan"). The City recognizes that WREDCO, or its assigns, will need to expend millions of dollars to develop the uses shown on the Plan, or some modification of it_ In order to commit the funds required to develop the Property, WREDCO has requested assurances from the City as set out hereinafter. The purpose of this letter is to provide assurances to WREDCO that WREDCO and its assigns may rely upon in committing the funds necessary to develop the Property, the City recognizing that failure of the City to complete its obligations set out hereinafter will result in significant financial loss to WREDCO and/or its assigns. The City further acknowledges that completion of development of the Property, as shown on the plan or in some similar manner, will be beneficial to the City, resulting in increased tax revenues and increased utility revenues payable directly to the City, and will also be of indirect economic benefit to the City, by creating jobs and creating a demand for services as homes and improvements are constructed, and new residents attracted to the City. Subject to the conditions set out in this letter, the City commits to WREDCO and its assignees the following: Atrffi r for 9xrelience From: 05/16/2008 10:48 #104 P.002/004 City of New Bern December 12, 2003 Page 2 1. The City has or is in the process of acquiring sufficient water, sewer and electrical capacity to provided service to the Property as necessary to allow normal use of the Property upon its development in accordance with the Plan. The City has based its water and sewer capacities on a plan that indicates that all anticipated services to be provided by the City through 2017 will be met, including the development of the Property. Should there be significant unforeseen demands on the City capacity, the City will give to the Property developer a reasonable opportunity to purchase capacity so as to insure capacity availability for the completion of the development of the Property. 2. The City will provide, at the City's expense, water and sewer mains to the boundary of the Property, sufficient to provide an adequate water supply to the Property, and to transmit the Property's waste water to the City's treatment facility. The City will use its best efforts to locate said mains at locations satisfactory to WREDCO so as to make economical connections to said mains by WREDCO in proximity to the first phases of development of the Property. The City will further relocate, at no cost to WREDCO, its existing utilities as necessary to accommodate the widening of Thurman Road from its intersection with Highway 70, to the point where said road (as widened or relocated) intersects the Property. 3. Without agreement of WREDCO, no facility fee, tap-on fee, impact fee, reservation fee or other charge relating to water, sewer or electrical service will be charged WREDCO or any other owner of land within the Property, over and above those fees charged from time to time to all residents or utility customers of the City. 4. Wilcox Road, within the boundaries of the Property, will be closed as a public road within 6 months following receipt by the City of a written request from WREDCO to do so. The City will relocate all City utilities servicing Wilcox Road residents outside the Property at no cost to WREDCO. The City, upon such abandonment, will convey unencumbered title to any right it has to the right of way of Wilcox Road, or adjacent utility easments, to WREDCO. The City further acknowledges the following: 5. The City has reviewed the Plan, and has determined that the improvements and uses set out on the Plan are consistent with the ordinances of the City, subject to compliance with specific requirements as to particular uses, such as set-backs. To the extent that changes in any land use classification of the Property are required in order to allow development of the Property in accordance with the Plan, the City will undertake the legally required processes to make such changes immediately upon request of WREDCO, and, to the extent legally allowed to do so, hereby agrees to make such changes. From: 05/16/2008 10:48 #104 P.003/004 City of New Been December 12, 2003 Page 3 6. That it will give written approval to the utility plans for the Property, when prepared by WREDCO's engineers, when requested to do so, subject to review and a dotermination that such plans meet all applicable rules and regulations regarding such systems. The City's agreements and assurances contained in this letter are conditioned upon the following: A. Acquisition by WREDCO, or reimbursement by WREDCO to the City for the cost of acquiring, necessary rights of way or easements along Thurman Road, from its intersection with Highway 70 so as to allow installation or relocation of utility lines from such intersection to the Property, in a location similar to that shown on the Plan. B. Commencement of development of the Property prior to December 31, 2004, and reasonable continuation of such development thereafter. Nothing contained in this letter should be construed to give to WREDCO any site specific developmental approvals required by the ordinances of the City, or to waive any approval process required by such ordinances. To the extent that any such approval or process is required, the parties agree to cooperate in complying with all such requirements and processes, with the objective of facilitating development of the Property. The City acknowledges the Plan is conceptual, and that site specific plans will undoubtedly differ in some respects from the Plan, and that such differences are to be expected in a large planned unit development that will likely extend in time for completion more than a decade. No such change in specific plans shall alter the commitments and assurances given in this letter, unless such changes materially impact the demand for services from the City, or the cost of providing such services. The City further acknowledges that the development of the Property may be undertaken by'VVREDCO in whole or in part, or by assignees of WREDCO, and that the assurances and commitments made herein may be relied upon by WREDCO and such assignee or assignees. V truly yours, t f---N) T. A. Bayliss, III Mayor From: 05118/2008 10:48 9104 P.004/004 RESOLUTION BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF NEW BERN: That the letter agreement frorn the Mayor to Mr. John Doughty dated DeGCmber 12, 200;, a copy of which is attached hereto and incorporated herein • by reference, be and the same is hereby approved, and the Mayor and is hereby authorized and directed to execute the same for and on behalf of the City. ADOPTED YMS 16`x' DAY OF DECEMBER, 2003. lD Arm DAvis, rst 'tb4N W M' LAW 'U VILAWu u:o .kV HAN. NC alai IRA7YVR CI CLERK Page 1 of 1