20051697 Ver 1_COMPLETE FILE_20050906

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February 20, 2006
Z&R Associates, LLC
312 South Front Street
New Bern, NC 28560
Robert Chiles, P.E.
Attn: Mike Rice
P.O. Box 3496
New Bern, NC 28564-3496
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
Subject Property: Hidden Harbor Townhouses, (Tax PIN) 8-204-014
New Bern, NC
Trent River, Neuse River Basin
Certified Mail: # 7003 3110 0002 0608 7662
DWQ Project # 05-1697
Craven County
FEB r -73 rr 1)
2 7 2006
UEN - VVAi LR QUALITY
'AETUJ23P!,D STCit!d';VATER Mi'CH
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B.0233 (9)(b)]
Dear Z&R Associates, LLC:
You have our approval, in accordance with the conditions listed below to construct decks on the existing
townhouses on the subject property. This letter shall act as your Minor Variance approval as described within
15A NCAC 2B .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project.
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(s) must be given a copy of this variance approval and plat of the proposed impacted area and is
thereby responsible for complying with all conditions. This approval requires you to follow any conditions
listed below.
North Carolina Division of Water Quality Internet: h2o.enr.state,nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper
One
hCarolina
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The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 2B .0233 shall
occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ.
2. Buffer Mitigation (EEP)
The required area of mitigation to compensate for impacts to the protected riparian buffers is 2645
square feet as required under this variance approval and 15A NCAC 2B .0242(3)(b)(ii)
You have the option to make a payment into the Riparian Buffer Restoration Fund administered by the
NC Ecological Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with
15A NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0233(10)(b). Until the EEP receives and clears your check (made payable to: DENR-
Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur.
The EEP should be contacted at [phone] if you have any questions concerning payment into the
EEP. For accounting purposes, this variance approval authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 2645 ft2 of required riparian buffer mitigation for
impacts'to 1763 ft2 of protected riparian buffers; 30-04-10, 27-101-(39) river and subbasin."
The DWQ will accept an alternative method of mitigation (including but not limited to Buffer
Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0242)(9) to
satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit
in writing a mitigation plan to the DWQ Wetlands/401 Unit/ Washington Regional Office for review
and approval. No impacts shall occur to the protected buffers until the mitigation plan is approved
by the DWQ.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities
through the protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 2B .0233(5).
4. 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.
1
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not
accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask
for a hearing. This Minor Variance Approval shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules [15ANCAC 2B.0233(9)(b)]. Please call Kyle Barnes at 252-948-3917 if you have any
questions or require copies of our rules or procedural materials.
Sincerely,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat of Property
cc: DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Craven Co; Dept. of Building Inspections
CAMA Morehead
Mike Rice

r'
O?O? W AT
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
February 20, 2006
DWQ Project # 05-1697
Craven County
Z&R Associates, LLC
312 South Front Street
New Bern, NC 28560
Robert Chiles,
Attn: Mike Rice
P.O. Box 3496
New Bern, NC
P. E.
28564-3496
t .ISL Jt?1'vl?
Subject Property: Hidden Harbor Townhouses, (Tax PIN) 8-204-014
New Bern, NC
Trent River, Neuse River Basin
Certified Mail: # 7003 3110 0002 0608 7662
Approval of Neuse River Riparian Buffer Protection Rules Minor Variance [15A NCAC 2B.0233 (9)(b)j
Dear Z&R Associates, LLC:
You have our approval, in accordance with the conditions listed below to construct decks on the existing
townhouses on the subject property. This letter shall act as your Minor Variance approval as described within
15A NCAC 213 .0233(9)(b). In addition to this approval, you should obtain or otherwise comply with any other
required federal, state or local permits before you go ahead with your project.
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(s) must be given a copy of this variance approval and plat of the proposed impacted area and is
thereby responsible for complying with all conditions. This approval requires you to follow any conditions
listed below.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmatve Action Employer- 50% Recycledl1 0% Post Consumer Paper
NorthCarolina
naturally

The Additional Conditions of the Certification are:
1. No Zone 1 Impacts
No impacts (except for proposed and "exempt" uses as identified within 15A NCAC 2B .0233 shall
occur to Zone 1 of the protected riparian buffers unless otherwise approved by the DWQ. No
impervious surfaces shall be added to Zone 1, unless otherwise approved by the DWQ.
2. Buffer Mitigation (EEP)
The required area of mitigation to compensate for impacts to the protected riparian buffers is 2645
square feet as required under this variance approval and 15A NCAC 2B .0242(3)(b)(ii)
You have the option to make a payment into the Riparian Buffer Restoration Fund administered by the
NC Ecological Enhancement Program (EEP) to meet this mitigation requirement. This has been
determined by the DWQ to be a suitable method to meet the mitigation requirement. In accordance with
15A NCAC 2B .0233, this contribution will satisfy our compensatory mitigation requirements under
15A NCAC 2B .0233(10)(b). Until the EEP receives and clears your check (made payable to: DENR-
Ecological Enhancement Program Office), no impacts specified in this variance approval shall occur.
The EEP should be contacted at [phone] if you have any questions concerning payment into the
EEP. For accounting purposes, this variance approval authorizes payment into the Riparian
Buffer Restoration Fund to compensate for 2645 ftz of required riparian buffer mitigation for
impacts to 1763 ft2 of protected riparian buffers; 30-04-10, 27-101-(39) river and subbasin."
The DWQ will accept an alternative method of mitigation (including but not limited to Buffer
Restoration or Enhancement) pursuant to the Buffer Mitigation Rule (15A NCAC 02B .0242)(9) to
satisfy this mitigation requirement. If you choose to pursue this option, then you are required to submit
in writing a mitigation plan to the DWQ Wetlands/401 Unit/ Washington Regional Office for review
and approval. No impacts shall occur to the protected buffers until the mitigation plan is approved
by the DWQ.
3. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive velocities
through the protected stream buffers and will not re-concentrate before discharging into the stream as
identified within 15A NCAC 213 .0233(5).
4. 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.
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If you do not
accept any of the conditions of this approval, you may ask for and adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to
Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714. This approval and its conditions are final and binding unless you ask
for a hearing. This Minor Variance Approval shall expire five (5) years from the date of this letter.
This letter completes the review of the Division of Water Quality under the Neuse River Riparian Buffer
Protection Rules [15A NCAC 2B.0233(9)(b)]. Please call Kyle Barnes at 252-948-3917 if you have any
questions or require copies of our rules or procedural materials.
Sincerely,
L
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
Plat of Property
cc: DWQ WaRO Regional Office
DWQ Central Office, Cyndi Karoly
Central Files
Craven Co; Dept. of Building Inspections
CAMA Morehead
Mike Rice
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Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of Isolated Wetland Permit:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North Carolina
Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of
these.
Applicant's Certification
I,
used in the observation of the
compliance and intent of the 401
and other supporting materials.
Signature:
Agent's Certification
used in the observation of the
compliance and intent:of the 401
and other supporting materials. .
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
, hereby state that, to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Date:
, hereby state that. to the best of my abilities, due care and diligence was
construction such that the construction was observed to be built within substantial
Water Quality Certification and Buffer Rules, the approved plans and specifications,
Signature: Registration No. Date
N'1?57
A CN
North Carolina. Department of Environment and Natural
Division of Water Quality
Michael F. Easley, Governor
November 18, 2005
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
= #7005,1820 00024630 4655 -
Robert M:. Chiles, P.E.
Attn: Michael L. Rice
P.O. Box 3496
New Bern, NC 28564-3496
Resources
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ Project # 20051697
Craven County
Subject Property: Hidden Harbor Townhomes
Hidden Harbor Subdivision ))A I? v
New Bern, NC
Nov ? ? Z0?5
REQUEST FOR MORE INFORMATION
' p l '`t?if?1 1F?N
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Dear Mr. Rice: V;s
On October 11, 2005 the Division of Water Quality (DWQ) Washington Regional Office received your
application in the form of a Pre-Construction Notification (PCN) to impact 1763 square feet of Zone 2 of
the Neuse Riparian Buffer. The DWQ has determined that your application was incomplete and/or
provided inaccurate information as discussed below. The DWQ will require additional information in
order to process your application to impact the protected riparian buffer on the subject property.
Therefore, unless we receive the additional information requested below, we will have to move toward
denial of your application as required by 15A NCAC 213 .0233 and will place this project on hold as
incomplete until we receive this additional information. Please provide the following information so that
we may continue to review your project.
Additional Information Requested:
1. Proposed Project Impacts
Please provide a plat of the subject property indicating the proposed impacts to the
riparian buffer. The plat should indicate both zones of the riparian buffer and any
proposed impervious surface to be placed within those areas and their alignments.
The above requested information must be received in this office prior to January 1, 2006 or your
application will be returned as incomplete. Please send the requested information in writing to the
attention of Kyle Barnes of the DWQ Washington Regional Office.
*A
NCDEN.
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycledll0% Post Consumer Paper
This letter only addresses the application review and does not authorize any impacts to wetlands, waters
or protected buffers. Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWQ. Please call Mr. Kyle Barnes at 252-948-3917 if you have any
questions regarding or would like to set up a meeting to discuss this matter.
cc: ?Cyndi Karoly, DWQ Central Office
File Copy
Si cerely,
I
Al Hodge/Supervisor
Division of Water Quality
Washington Regional Office
Filename: 20051697
-
Imp3cls ?AiCgaF,ons - Fees Affil Alons Events Inspections Cornm r is History
Detailsl Details2., PE7rnitsand Cerls_._ Cro3sfw3 -. f
Project Number. 20051697 Version: 1 Status: On Hold Last ActionDesc: Incomplete App- Additionalinfo n
'Project Name: Hidden Harbor Townhomes c/o Z & R Assoc (x-ref. Cama Express 05-0323) ProjeclType: 'Residential Subdivision
Project Desc: townhomes In new SAD
i
'Ovmer. Associates, Z & R Details...
*Received From: Applicant COEID: 'Primary County Craven
DOTTIP: 'AdminRegion: iWashington
Received Dt: 03106!2005 Reviewer: ikyle barnes
Issued Dt
-
? -'Secondary county
Statutory Dt:
'CAMA NEPAI SEPA Received Dt:
DCM Office: Morehead City Headquarters SW Plan Received Dt:
COE Office: ngton Regulatory Field Office SW Plan Approved Dt: Public Notice Published Dt:
Last Updated BY laurie.dennison SW Plan Location: Public Notice Received Dt
Last Updated On: 0 910 812 0 0 5 Sewage Disposal:. P.N. Comment Period Ends Dt
<Back Close
Ready Page 111 SID: WPD1
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PROGRAM
September 14, 2005
1@@@w@ D
SEP 2 11005
d ENR - WgTE
Michael Rice>tAhIDSaND ST R QUAL11y
Z & R Associates, LLC o; ATERB%CH
312 South Front Street
New Bern, NC 28560
Project: Hidden Harbor Townhouses County: Craven
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/4011LAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Neuse 0 0 0 0 0 0 1,763 0
03020204
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Carol Shaw at [phone].
P,
cerely,?
iam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Doug Huggett, Division of Coastal Management
Scott Jones, USACE - Washington
Kyle Barnes, DWQ Regional Office - Washington
File
kutor ... E ... Prot-"' Oar Sta tP? ®??
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
Date:

Triage Check List.
.roJ'e6t Name:
.
DWQ#: ?G S i 6 R ?-
C; County:
To: ? ARO Kevin Barnett. ED- -WO Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
? YPO AlanJohnson ? WSRO Daryl Lamb
RRO Mike Horan
From: V 'k Telephone : (919) -715 5 q,-7S
Comments:
A (U?l? koa, U Q ?? ?-? V la C De.S
? Is the application consistent with pre-application meetingsT -
? Cumulative impact concern
The file attached. is being forwardedIq-.r our for your evaluation.
Please call if you needOA Lance.
? 'Stream length impacted. '?
? Stream determination
? Wetland determination and distance to blue-line surface'.waters on USFW topo maps
?? Unimization/avo' ance issues
ED Buffer Rule ease; ar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
2 0 0 5 1 6 0y
ROBERT M. CHILES, P.E.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
TELEPHONEM 252-637-4702
FAX M 252-637-3100
[e-mail]
TO: Cvndi Karoly
NCDENR, DWQ
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
We transmit: () herewith
(XX) as requested
for your: () signature
() distribution
() use
the following: () prints
() copy of letter
() specifications
LETTER OF TRANSMITTAL
DATE: September 21, 2005
ATTN: Cvndi Karoly
JOB NO: 2003190
REF: DWQ #20051697
I ro ?J
() under separate cover
() via
() information (XX) approval
() records
O review and comments
() mylar
() plans
(XX) other: see description
DESCRIPTION
4 additional copies of PCN for Zone 2, Neuse River buffer impacts associated with Hidden Harbor
Townhomes.
Four (4) additional copies for DWQ # 20051697 as requested.
Michael L. Rice, P.E.
Vk17ZINWR9 D
S E P 2 3 2005
DENR - WATER QUALITY
VjETLANDS AND STORMWATER BRANCH
a
rri
t Vi • ! r-its %:ji : iJi;'I , .r'.
,„ :.
?ITx„ ,a,k?., , ;?. -
' ROBERT M. CHILESm
ENGINEERS, CONSULTANTS ?t??lt'?IK?d?G4 f.M !
& .J ^^4..AAA t
MARINE SURVEYORS m
417•A BROAD ST. Postage S
P.O.BOX3496 g HF3?
NEW BERN, NORTH CAROLINA 285643466 September 2, 2005 o CerGfled Fee d
O RetumReceipt Fee Postmark
(Endorsement Required) Here
Certified Mail Receipt No. 1004 2510 COCO 3103 6673 ? Restricted Delivery Fes pp
(Endorsement Required)
L11
Ms. Cyndi Kcrcly ru Total Pcstago & Fees $ 09/02/2005
N.C. DENR Division of Water Quality =- Y , r C3 Sent To
2321 Crabtree Blvd., Suite 250 L r 'o;
Raleigh, N. C. 27604 or PO Box No. Z3-zl .:ZSO
crry, sr?ra, ZIP+4 .....................................................
Plei, ?. (I-
Re: Hidden Hcrbor Townhouses
Neuse Buffer Impact
Enclosures: (1) Completed Preconstruction Notification Ferm Version March 05.
( 2) street map with location of project site indicated.
(3) Portion of USGS Quadrangle New Bern, with Hidden Hcrbor Townhouses location
indicated.
(4) List of 10 permits issued for Hidden Harbor subdivision and copies of the permits.
(5) Narrative description of Impact Justification. -
(6) Drawing, Proposed Impacts to Neuse_River Buffer Zone 2 at Hidden Herbcr
Townhcmes for Z&R:.associates; LLC by Robert M. Chiles, P.E., dated Sep. 1, 2005.
(7) Ccpy, Authorized-Agent assignment executed by Mr._1Vcrvin Raines of Z&R
Associates, LLC issued to'Robert M. Chiles, PE.
(8) Copy NCEEP In Lieu Fee Request Fcrm.
2 0 0 5 1 6 9 1
Dear Ms.:*<crcly:
On behalf of our client Z&R Associates, LLC, we submit:.the enctesed information regarding
proposed impacts `o Zone 2 of the Neuse River Buffer Iodated within the Hidden Harbor subdivision.
The creocsed medals described in the enciesures cre associated with the consiructicn of
ccden slatted dec:•1s on the waterfront faces of nine townhouses.
Jhculd 'y%OU nave cnv quesilcns Cr require cdcltloncl information, Iecse ccnicct L,S a'.Cu'r
ccnvenierce.
cc: Mr. Mervin Raines, Z & R Assccictes, LLC
Very truly yours,
ROBERT M. CHILES, P.E.
r-.
Ivtichcel L. Rice, P.E. p ???a V D
D
Q
S F P 2 3 2005
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
MECHANICAL, CIVIL. AND MARINE ENGINEERING MARINE HYGRCGRAPHIC AND LAND SURVEYS
COP: MEnC:AL, INCUSTRIAL, MARINE AND RAILROAD FAGLITIES GESIGN -
FCRENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE

Office Use Only: `J 0 oFgr{n 1 crsi n'Vtar?h 05
USACE Action ID No. DWQ No. 1
(If any particular item is not applicable to this project, please enter "Not Applrcame- or "NSA' .)
1.
II.
Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Pen-nit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
Applicant Information
Owner/Applicant Information
o?c?[2 adr=?
Q
S FP 2 3 2005
Name: Z & R Associates, LLC
Mailing Address: 312 South Front Street DENR -WATER QUAUTY
New Bern. NC 28560 WET ANATERBRN ++--
Telephone Number: 252-633-0106
E-mail Address:
Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Robert-M. Chiles, P.E.
Company Affiliation: Robert M. Chiles, P.E.
Mailing Address: P.O. Box 3496
New Bern- N.C. 28564-3496
Telephone Number: 252-637-4702 Fax Number: 252-637-3100
E-mail Address: officena robertmchilespe.com
Fax Number:
plop 5 of 1
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111. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than II by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hidden Harbor Townhouses
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 5-204-014
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number): Hidden Harbor
Directions to site (include road numbers, landmarks, etc.): Exit US Hwv 17/70 Bypass at
Pembroke Rd. turn south (towards Trent Woods). Project site is on left approx. '/ mile from
bypass adjacent to Cowell's Cleaners and Professional Auto.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 05' 36" N 77° 03'49" W
6. Property size (acres): Townhouse lots - 1.73 acres : Entire Subdivision - 22.7 +-/- acres
7. Nearest body of water (stream/river/sound/ocean/lake): Trent River
3. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing _conditions vary throughout site as would be typical
of a nearly completed new residential subdivision. The site previously contained portions of
wooded upland wetlands prior commercial, and prior residential. General land use in
vicinity include residential and commercial.
PaQP 6 nr 1
r
10. Describe the overall project in detail, including the type of equipment to be used: The work
associated with this permit request is the construction of nine townhouses within a new
subdivision. The rear face of the townhouses are aliened with the landward limit of the
Neuse River buffer. Wooden slatted decks proposed for construction along the rear face of
the homes are located within Zone 2 of the buffer.
11. Explain the purpose of the proposed work: To construct wooden slatted decks along the
rear face of the townhouses.
117. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. See attached list and copies of permits previously issued for the
subdivision containing the townhouses.
t?. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None proposed The only foreseeable activity within the subdivision is the construction of
individual residences.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
PaoP 7 of 1?
Q
1. Provide a written description of the proposed impacts: Pervious coverage of a portion of
Neuse River Buffer Zone 2 in the form of wooden slatted decks attached to the back wall of
townhouses.
2. Individually list wetland impacts. NONE
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

i
I

Total Wetland Impact (acres)
List the total acreage (estimated) of all existing wetlands on the property: None within the
project area for the townhouses. 2.12 acres within the subdivision.
4. Individually list all intermittent and perennial stream impacts. NONE
Stream Impact
Number
(indicate on ma
Stream Name I
Type of Impact
Perennial t?
Intermittent. Average
Stream Width
Before Impact Impact
Length
linear feet) Area of
Impact
acres

I

I I
Total Stream Impact (by length and acreage)
5. Individually list all open water impacts NONE
Open Water Impact
Site Number
indicate on ma
Name applicable) ) Waterbody Type of Impact
(if ap Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc. Area of
Impact
acres

Total Open Water Impact (acres)
pnap Q of t?
6. List the cumulative impact to all Waters of the U.S. resulting from the project: NONE
Stream Impact acres :
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
dray-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attached impact justification narrative.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
PaoP 4 of 11
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ® No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact I ' Required
Zone* I Multiplier
(square feet) i MitiQation
1 3 (2 for Catawba)
i
j 2 1763 1.5 2644.5 j
Total I 1763 1 1 2644.5
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional
20 feet from the edce of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B.0242 or.0244, or.0260. If accepted payment to EEP
paoP 1 1 of 1
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http: //h2 o. enr. state. nc. us/ncwetl an ds/strm _gi de. htm 1.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and-amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
If accepted by the NCEEP mitigation will be in the form of in-lieu payment to the EEP.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/=/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): 1763
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
p2ap 10 nr V)
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
See attached copy of stormwater permit
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Vacuum collection sewer system - City of New Bern, copy of permit attached.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 21-1,0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http: lh2o.enr.state.nc.usincwetlands. If no, please provide a short narrative description:
All potential development in subdivision accounted for by permitted stormwater manaeement
clan.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Name: NEW BERN 1 Location: 035° 05'36.9" N 077° 03'48.2" W
Date: 9/1/2005 Caption: HIDDEN HARBOR TOWNHOUSES
Scale: 1 inch equals 2000 feet
Inc.
PRECONSTRUCTION NOTIFICATION FORM VERSION MARCH 05
SECTION IV. PRIOR PROJECT HISTORY
FOR
Z&R ASSOCIATES, LLC.
List of permits issued for the Hidden Harbor Subdivision containing the project site.
NCDENR, DLR, LQS Letter of Approval, Erosion & Sediment Control Plan No. Crave-2004-028, issued
July 6, 2004.
City of New Bern Letter of Approval, Stormwater Management Plan No. 23, issued August 31, 2004.
US Army Corps of Engineers Action ID 200510077 Nationwide Permit No. 14, issued January 3, 2005.
NCDENR, DWQ Waiver of 401 Water Quality Certification, issued January 18, 2005.
NCDOT, DOH Street & Driveway Access Permit Craven County D-2205007, issued January 19, 2005.
NCDENR, DCM Coastal Resources Commission Permit No. 31-05, issued March 5, 2005.
NCDENR, DWQ High Density Stormwater Permit SW7040623, issued March 15, 2005.
NCDENR, DWQ Project #04-06 (also 404-0615), Modification of Approval of Neuse River Buffer Rule
Authorization Certificate, issued July 15, 2005.
NCDENR, DEH, Public Water Supply Section Final Approval, DEH Serial # 0401932, PWSID #
0425010, issued August 3, 2005.
NCDENR, DWQ Permit No. WQ0024682, Hidden Harbor Vacuum Sewer, Final Certification, issued
August 4, 2005.
5 ? z
State of North Carolina
Department of Environment and Natural Resources
Was7ington Regional Qmc
Michael F. Easley, Govemor DIVISION OF LAND RESOURCES William G. Ross, Jr., Secret?ry
LAND QUALITY SECTION
Julv 6. 2004
LETTER OF APPROVALWITH MODIFICATIONS
Z & R Associates, LLC
ATTN: Mr. Marvin Raines, Partner
312 South Front Street
New Bern, North Carolina 28560
RE: Erosion and Sedimentation Control Plan No.: Cravc-2004-028
Hidden Harbor
SR 1204 - Craven Count-,-
Drainage Basin: Neuse
Date Received: June 7. 2004
Responsible Pam: Z :, R Associates, LLC
Dear Sir:
This office has completed its re«ew- of the erosion and sedimentation control plan for the referenced
21.8 acre disturbance.. Based on the inforrnation provided. we have determined the submitted plan for the
construction of roads and residential lots and drainage, if proprrle implemented and responsible maintained-
should meet the intent and minimum requirements of the Act. W % therefore, issue this LETTER OF
APPROVAL WITH MOD1rICA TIONS:
1. A pe.'manent ground cover. sufucient to restmain erosion- must be proNzded within the short-, of
15 working or 90 calendar d--,,,s after compleEon of construction or develooment.
2. Land disturb in g is not to occur on residential lots, except for demolition, until the lots are made
to be built upon.
In 1973. the Sedimentation Pollution Control Act (cope- available upon request) was on
It established a performance oriented program with the objective of PREYS iiNG s--iment damap to adjoining
properties and/or natural resources resulting from land disturbing acti?-iries through the use of reasonable and
appropriate Best Land Management Practic„-s. based on the approved plan and chan- 2?rig site conditions. curing
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 Pian is oniti• valid for 3 years
following the date of ininai aparoval, i(no land-dismroma acrnzryhas been
underraKen;
S : Wasniny.=n'Sc ire :?a;l, W*zS^ir^=r ti=,= Sz,_,-z' _ -- -
Z & R Associates, LLC
ATTN: Marvin Raines
July 6, 2004
Page 2
-- a copy of the IATEST APPROFF_D soil erosion and control plan must be on
file at the job site-,
-- erosion and sediment control measures or devices i ere-designed and arc to
be installed to safely Aithstand the runoff resulting irom a 10 year storm
event - 6.5 - 7 inches in 24 hours or 2.5 -3 inches in I hour,
-- a buffer zone. sufficient to restrain visible sedimentaron. must be provided
and maintained benveen the land-disturbing acm?:-,• and any adjacent
properry or watercourse:
-- new or affected slopes must be at an angle that can be rerained by vegetam?e
cover:
-- barren slopes must be nrovided with a -round cover Suj'jiclenr ro restrain
erosion within the shorter of 15 workinc or 30 calendar dm,s ofcnnm1erion
of anv nhase (rou?h or fzznal) of -radin?.. (RYE GR4SS IS N-OT in' the
approved seeding specifications nor is it an.4 CCEPT.4BLE s2ihsr7tute 'o'r
the providing of a ground cover):
- unless a temporan,, manutacrured. lining material has beer. Specified. a
clean straw mulch must 5c aDDlied, at the minimum rare o(? tors acre. to ail
seeded areas. I°ne mulcr must cover ar leasr -5 % of rte seeded area alter :r
is either tacked with an acceptable taci:ing marenai. or camped in place;
- in order to meet the intent ofthe.-Icr. the scheduling oche land-disturbing
acnwries is to be such rrat both the area of= .Dosure and the r-, me bent ecn
the land disturbance and the Drowning of a ground is minimized;
a permanent round cover. Suf7cle7r to restrain erosion. must benravided
-,vithin the snorter o(1 ` - orti:ng or 90 caier,dar, au . s aver compienor, of
ConstnzC,7On or development: and-
- exceDt in the case Oman emergencv. a revises eros;o?: and sedlmentano?7
I Dian must oe summed to and aDDroved ? rr;S 0> Ce DnOr rO
inmanng anV S7g71777Canr changes in the COnS71C:70n. 7raa;ng Or aramage
plans
-- this aDDroval is based. in Dart, on the aCCurac-y of the !?7JOrmaron orov!aed
in the Financial Res ponslbilinvOtit-nersnlp ,orm submi red ?,t-lti7 rite project
plans. You are required to file an amended form if there is any than, e in
the information included on the form. Tnis aDDrovai and the financial
responstbilin liability tired in it does nor auromat7ca1ir rrans(er with a
change 1I7 project ownersriv.
Be advised that to ensure compliance ?virh the approved plan and the oro=-m requirements. unannounced
periodic inspections N,,ill be made.- If the implemented plan is de*.ermine to be inadequate, this office may
Z & R Associates, LLC
ATTN: Marvin Raines
July 6, 2004
Page 3
require that it be revised to comply with state law. Failure to coinpiv 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 part (Z &- R Associares. LLC). One option is the assessing of a civil penalty of up to S5000 for the
initial violation plus up to S5000 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 pr=onstruction conference to discuss the mguirements of the
approved erosion and sedimentation control plan. Prior to beginning this project you are required to either
contact this office to advise Gan• Novak (252-946-6481, ex-t.326 ) 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 petaritting from other Federal_
State or local agencies. These could include the U.S. Army Corps of Engirrcers under Article 404 jurisdiction, the
Division of Water Quality - Surface Water Section under stormwater regulations (contact Bill Nfoore, 252-946-
64481, ext. 264), 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 temporan ule to protetit and maintain etisting buffers along wat,-rcourses 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 per?'al 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 first 30 feet directly adjacent to the stream, the rule prohibits land
disturbance, new development and fertilizer use within the first d0 feet of land nc%-t to the water. In riparian areas
With forest vegetation that is less than 30 feet wid-_ the rule prohibits land disturbance, new development and
fertilizer use within the area that contains forest vegetation ('out not the entire 50 foot riparian area). For more
information about the riparian area rule. Please contact the DiN-ision of \Vate r Quality's V?ctland/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 D,-='t. Enclosed is the Construction Acti,,Mies Gene al Perrrrit - NCG010000 that for this
project. The responsibiilry for understanding and compi-ing with this rests with vou. Be aware that
failure to compiy with this permit could result in both the State and Federal govc=ents taking au-p_ ropriate legal
action. Contact the Division of Water Qua n- - Surface Water Section at c;2= 2) 9-6-6-81 should vou have anv
questions regarding momtorrng and record k -ping re?lllre Iii 1 S of ti`le oe=:.
S incerely.
'vlara A. Rogerson E
Assn ant Regional Engineer
L?R
Enclosure
w/o enc. Cc: Michael L. Rice. PE. Roben M. Chiles. PE Easinerrs and Consultants
Ted Tvndall. Division of Coastal NfanagemT...ty
via email Jim Mulligan, Division of Water Quahn
CITY OF NEW BERN STORMWATER PERMIT
(Form SW-010) _
Development Hidden Harbor
r
Owner or Contact Person Marvin L. Raines, Z & RAssociates, LLC.
Address 312 South Front Street
New Bern, NC 28560
Date Issued: August 31, 2004
This permit is provided under the City of New Bern Stormwater Ordinance and covers construction
activities as submitted on the Stormwater Management Plan and accompanying drawings, calculations
and other documentation for the period ending August 31, 2006 (2 years from date issued).
Inspection Requirement
Each structural component (Best ivlanagement Practice or BMP) constructed under this permit requires a
final, as-built inspection prior to the use of the property as described in the Stormwater Management Plan.
You must call the City of New Bern Stormwater Administrator's office to schedule that inspection. Failure
to arrange for the required inspection prior to beginning the intended use of the property shall void this
permit.
No Modifications
There shall be no modifications to the drainage patterns, structures, operation and maintenance, or other
features approved in Stormwater Management Plan without the prior approval of the Stormwater
Administrator.
Additional Requirements
Additional requirements, conditions, variances, and approvals are included as part of this permit as
attached and here referenced: Recorded copy of Declaration of Covenants
Please keep a copy of this Stormwater Permit at your site. This permit does not supersede any other
permit requirements or approvals required for your development. Your cooperation is appreciated.
Sincerely,
City of New Bern Stormwater Administrator or Representative
Official Use Only: Stormwater Permit No. 23 Date Approved August 31, 2004
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200510077 County: Craven USGS Quad: New Bern
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: ! -&R Associates. LLC c/o iNfr. George Chiles
Address: Post Office Box 3496
New Bern. North Carolina 25564-3496
Telephone No.: 252-637-4702
Size and location of property (water body, road name/number, town, etc.): Project is located within a 22.7 acre tract on
the east side of NCSR 1200 Countrv Chub Road) approximately 0.5 miles south of the intersection with U. S.
Hig}uwav 70 adjacent to a manmade tributarv flowing to the Trent River in the City of New Bern in Craven
County. North Carolina.
Description of projects area and activity: applicant proposes to fill 0.3 acres of Department of the Army.
jurisdictional wetlands to facilitate the construction of a subdivision access road.
Applicable Law: F<J 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
pen-nit-tee 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 pert-nit 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 t-welve months of the date of the nationwide permit's expiration, modification or revocation. unless
discre tic nary authority has been exercises] 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 ''.eater Quality Certification. You
should contact the NC Division of Water Quality (,telephone [phone]) to determine Section -101 requirements.
For activities occurring %vithin the twenty coastal counties subject to re"gulation under the Coastal Area Management Act (C.-\_%IA).
prior to be`innin, work you must contact the N.C. Division of Coastal `ianagen,ent in .14orehead Cirv. NC, at (252) 308-2SO8.
This Department of the :\rmy verification does not relieve the permittee of the responsibility to obtain any other required Federal.
Mate or local approvals;pernuts.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Coms of E-,sneers re`ulator}'
program, please contact dir. Scott Jones at [phone] extension 27.
Corps Regulatory Official Date: 01/03/2005
Expiration Date of Verification: 01/03/2007
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 Process
( Reference 33 CFR Part 331).
Z 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.
1Z The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 09/28/2004. Action ID 200411782
Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation
Manual and is art of a broad continuum of wetlands connected to the Trent River. The Nvaterbody exhibits an Ordinary
High Water Mark as indicated by changes in soil character and absence of terrestrial vegetation and is connected to the Trent
River.
Corns Regulatory Official:
Date 01/03/2005
SURVEY PLATS. FIELD SKETCH, WETLAND DELINEATION FOR:%IS, PROJECT PLANS, ETC.. MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Coo". Furnished:
Page 2 of 2
January 3, 2005
Regulatory Division
Action ID No. 200510077
Z & R Associates, LLC
C/o Mr. George Chiles, Robert M. Chiles P.E.
Post Office Box 3496
New Bern, North Carolina 28564-3496
Permit Special Conditions
Nationwide Permit 14 authorizes your work provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
All work authorized by this permit must be performed in strict compliance with
the submitted plans, which are a part of this permit.
b. (1) The Permittee shall preserve and maintain 1.35 acres of DA
jurisdictional wetlands within the Hidden Harbor Subdivision. The
Permittee is prohibited from performing any of the following activities on
the preserved acreage: Filling; grading; excavating; earth movement of
an,,,, kind; constnietion of roads. walkways, buildings, signs, or anv other
stricture; anv activity that may alter the drainage patterns on the property;
the destruction, mowing, or other alteration of vegetation on the property;
disposal or storage of any garbage, trash, or other waste material; or any
other activity which would result in the wetlands being adversely impacted
or destroyed.
0. 2) Prior to beginning work authorized by this permit, the Permittee will identify
and sur,'ev the DA jurisdictional wetlands referenced in condition a. above. and
provide a copy of the survey to the Corps of Engineers.
i 3) Prior to beginning work authorized by this permit, the Permittee shall
execute and cause to be recorded a conservation easement prohibiting
those activities listed in condition a. above. The Corps of Engineers prior
to recordation of the easement shall approve the holder of this easement.
The Permittee shall provide the Corps of Engineers, a copy of the recorded
easement within 60 days of the recordation of the easement. The
Permittee shall take no action inconsistent with the terms and purpose of
the conservation easement on the property described therein.
Construction within jurisdictional areas on the property shall begin only after a
conservation easement is created as described above, in compliance with the MOU
between the North Carolina Department of Environment and Natural Resources and the
United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
"Note: Habitat type may be described as found in Schafale and YVeakley, Classification
of the Natural Communities of North Carolina, Third Approximation, 1990; or in
accordance with Cowardin, et al (1979), Classification of Wetlands and Deepwater
Habitats of the of the United States
If you have not already done so, you should contact Ms. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for your time and cooperation. Questions or comments may be addressed
to Mr. Scott Jones, Washington Regulatory Field Office, telephone [phone],
extension 27.
r F WA
a rF9
•O? Q
G

tilr. Robert N1. Chiles
Z&R Associates, LLC
312 South Front Street
New Bern, NC, 28560
Subject Property:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 18, 2005
Hidden Harbor Subdivision
Waiver of 401 Water Quality Certification
Dear YLr. Chiles
Alan W. Klimek, P.E. Director
Division of Water Quality
r 04-1850
DWQ Project
Craven County
Your application for a 401 Water Quality Certification to impact up to 0.30 acres of wetlands in order to Construct the
Hidden Harbor Subdivision was received in the Division of Water Quality's Central Office on November 16, 2004.
According to our rules [16A NCAC 2H .0607 (A)], if final action is not taken within 60 days, the Certification is
waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived the recuirement for a
401 Water Quality Certification for your plans to i pact waters as described in your November 16, 2004 appiicaron
materials.
However, if additional impact occurs or your developr.ent plans change, this waiver is no 1onQer valid and a 401
'Water Quaiir; CernEcanon will be required.
It you have any questions. please telephone Cyndi Karoly at 919-733-1786.
Sincerely,
a? A_an ` t. ?
A ;v . C? 4c
Recer: Chiles, P.0. Bot 3-=96. Ne%v Bern, NC, 2S56!-3 496
SACE'Nashir?ron Regulator; Field 0flce
,V,, :inQton Discct, LS .CE
DWQ Washington Regional Of-flee
DLR Washing on Regional Office
File Cow
Cenu-al Files
101 'Nedands Ceriiim-tim Unit
100 "?1ad Serrice Canter, ;iale:an, Ncrn Czrciina 27 e:9.100
2321 ''.ractree Eculevard, Suite 2-0, ,Rz'eign, Ncrth Carding 27004
=hone: 919-723-17e61"AX919-73.-c8931 memec-.tto:!/h2c.er.r.stnte.rc.usmcvetlcres
Filename: 041850Hidden(Craven)Wa1, e
N'cr hCarolina
n E7ual C=rttmit, Ai`rrnatrwe AC'cn :TCIo`/er - :u :o ne^/c:ec/1G°'O "<t -,:r?`:urner `--Csr
t
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
M1Ct3AEL F. EASLEY DIVISION OF HIGHWAYS LYNDO TIPPETT
GOVERNOR SECRETARY
January 19, 2005
Marvin Raines
Z&R Associates, LLC
312 South Front Street
New Bern, NC 28560
SUBJECT: Access Permit Application- Craven County D-2205007
Attached hereto, for your files, is a copy of the Access Permit Application which has
been properly executed. The permit covers the following:
Access onto SR 1200 to serve the Hidden Harbor Subdivision
APPROVED SUBJECT TO:
1) The construction of improvements in the right of way is in accordance with attached
plans and application form provisions
2) Notify the District Engineer's office in New Bern [phone] prior to beginning
and upon completion of work.
3) All workmanship and materials shall conform to NC. D.O.T. standards and
specifications.
4) The owner shall call the North Carolina One Call Center at 1-800-632---1.9.19 and make
satisfactory arrangements to adjust any utilities in conflict with the proposed access.
5) Traffic control devices shall be in accordance with the manual on uniform Traffic
Control Devices and amendments or supplements thereto.
6) All access points shall conform to the Policy on Street and Driveway Access to North
Carolina Highways.
7) Approval of access permit does not constitute approval of subdivision streets for
maintenance by the Department of Transportation.
DivisioN, Two, DISTRICT Two • 209 S. GL,NBUR:ti=- ROAD • NEW BERN. N.C. 23560
PHONE [phone] • F:ax [phone]
9) Contact this office to schedule an inspection after the driveway is complete.
10) Minimum entrance radius shall be 30 feet.
11) An approved copy of this permit and plans shall be located on site during all times of
construction.
12) All permitted access shall be paved in accordance with the DOT Policy on Street and
Driveway Access to North Carolina Highways.
If we can be of further assistance, please advise. Our telephone number is (252) 514-
4716.
Sincerely,
Aaron C. Everett
District Engineer
ACE/gre
Cc: !Xo-bert Chiles, P.E.
C.E. Lassiter Jr., P.E. Division Engineer w/atta.
Ken Mason, County Maintenance Engineer w/atta.
David Sawyer, Transportation Technician II w/atta.

j. APP (CATIbN:IDI=NTIFiCAT..ION N.O. DEPARTMENT OF TRANSPORTATION
.? :.,'. Date of OCTOBER 27, 2004 STKELl AND DRIVEWAY ACCESS
No. Application
CRAVEN P) RUiIT APPLICATION >
;Development Name: HIDDEN HARBOR SUBDIVISION _
LOCATION OF PROPERTY:
Route/Road: COUNTRY CLUB ROAD, NCSR 1200
'Exact Distance 0.65 b<] Miles N S E W
? Feet ? ® ? ?
the Intersection of Route No. U.S. HWY 70 and Route No. NCSR 1200 Toward NCSR 1216
roperty Will Be Used For. El Residential /Subdivision ? Commercial ? Educational Facilities ? TND ? Emergency Services ? Other
Property: © is ? is not YAthin NEW BERN City Zcnina Area.
AGREEMENT
• I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right-'
of-way at the above location.
I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current "Policy on
Street and Driveway Access to North Carolina Highways" as adopted by the North Carolina Department of
Transportation.
• I agree that no signs or objects will be placed on or over the public right-of-way other than those approved by NCDOT.
• I agree that the driveway(s) or street(s) will be constructed as shown on the attached plans.
• I agree that that driveway(s) or street(s) as.used in this agreement include any approach tapers, storage lanes or
speed change lanes as deemed necessary.
• I agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s)
located on public right-of-way will be considered the property of the North Carolina Department of Transportation, and I
will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction.
• I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time
specified by the "Policy on Street and Driveway Access to North Carolina Highways".
• I agree to pay a $50 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if
application is denied.
• I agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger
the public travel.
• I agree to provide during construction proper signs, signal lights, flaggers and other warning devices for the protection
of traffic in conformance with the current "Manual on Uniform Traffic Control Devices for Streets and Highways" and
Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the
District Engineer.
• I agree to indemnify and save harmless the North Carolina Department of Transportation from all damages and claims
for damage that may arise by reason of this construction.
• I agree that the North Carolina Department of Transportation will assume no r espcnsibiiity for any damages that may
be caused to such facilities, within the highway right-of-way limits, in carrying out its construction.
• I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any
construction proposed on the State Highway System.
• The granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by
law and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract access point.
• I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS
COMPLETED.
_CC -01 NOTE: Submit Fcur Copies of Application to Local District Encineer, N.C. Department of Transportation TEB 65-04rev.
31-03419

SIG IATURES;OF APPLICANT
' PROPERTY OWNE PLICANT) WITNESS
ASSO A E , LL
COMPANY
R NAME RO T M. CHILES
SIGNATURE
*
2 SIGNATURE
31S
O
6TH
ADDRESS FRONT STR ET ADDRESS P.O. BOX 3496
NEW BERN, NC 28560 Phone No. 252-633-0106 NEW BERN, NC 28564-3496
AUTHORIZED AGENT WITNESS
COMPANY ROBERT M. CHILES, P.E. NAME JO L. RIDDICK, JR,
SIGNATURE, SIGNATURE ,v
ADDRESS P.O. BOX 3496 ADDRESS P.O. BOX 3496
NEW BERN, NC 28564 Phone No. 252-637-4702 NEW BERN, NC 28564-3496
APPROVALS

APPLICATION RECEIVED BY DISTRICT ENGINEER

SIGNATURE' DATE
APPLICATION APPROVED BY LOCAL GOVERNMENTAL AUTHORITY (v.hen required)
i
/' / ?
DIRECTOR OF PUBL
IC WORKS . ??
Z?y?y1
/ SIGNATURE TITLE DAyE
APPLICATION APPROVED BY DISTRICT ENGINEER
i
z

o?
z
'
` SIGNATURE DATE
'NSPECTION BY NCDOT
i
i
SIGNATURE TITLE DATE

COMMENTS: i
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
N'lichael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
5 March 2005
CERTIFIED MAIL 7003 3110 0002 0603 3331
RETURN RECEIPT REQUESTED
Hidden Harbor Subdivision
C/o Z & R Associates, LLC
312 South Front Street
New Bern, NC 28560
Dear Z & R Associates, LLC:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored)
form is retained by you and it must be available on site when the project is inspected for compliance. Please sign
both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty (20) days, tae matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and suture maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
rom time to time, Department personnel will visit the project site. To facilitate this revi-w, we request that
ou complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time
for assistance. By working in accordance with the permit, you will 'be helping to protect our vitally important coastal
resources.
Very sincerely,
David W. Move
Express Permits Coordinator
252-948-38:2
?nclosure
Cc: Pete Gales, P. 0. Box 3496, New Bern, INC 2864
943 Wasnington Square Mail, Washington, Imh Carolina 27889
Phone: [phone] PAX: 252-948-0478 1 !n emec %v,,m.nccoastalmanagementneV
An Equal Cpponunity 1 A"irmatve Acion Employer- 50% ,Pec;cled 1 10% Post Consumer Pacer
,•,'?,,??..r •W.!•ii..:}i _vy.y,! ::Wii!-ii-TLK-??i:: % '-. ?-?J! :-h?t.?}Y..!! :! ?. ?Y::--? ...? ?!!tK!.Y..':!?.?.•?i!ti.v..? : •. -:•N. /:!-}J•%N.?.r-}'.r•v! ?r:!Y..: !_v.+!Ui.J .:!?.Y:•?:-}/..?!??'?? }J rn'rJ ?
/nit Class Permit Number
31-05 '? ' 1
,•fEW' (Express Permit Program)
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources s
and
Coastal Resources Commission ;
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Hidden Harbor Subdivision, C/O Z & R Associates, LLC, 312 South Front Street, New Bern, NC 28560.
Authorizing development in Craven County off SR 1200 (Countrv Club Rd.). on canal and basin
off the Trent River. New Bern, as requested in the permittee's application dated 01/19i2005, includine the
attached work-plan drawings (2)both dated 0 1/12/200
This permit, issued on March 5. 2005 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subteet to tines, imprisonment or ctvtu aouUn, UI luny ?.nu?c uic Flcl 1111L w 1-1 - .
Upland Development
1) Unless specifically altered herein, this permit authorizes construction of a 32-lot subdivision comprised
of 9 town homes, 23 additional residential building lots, an access road and par.%ing areas, and the
construction of two docks on the common lot, all as depicted in the attached permit application and
workplan drawings.
2) With the exception of the two areas of the access road encroachment and the earthen fill for the town
home construction, all work shall take place landward of the 50-foot Meuse River Basin Buffer Rules.
The 9 proposed 10' by 10' elevated wooden decks on the town homes will require variance from the
Environmental \,lanazement Commission.
This permit action may ce ppeaied by the permMee or
other qualified persons .vithin r.venty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
.-any maintenance work or croiect mcdification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2008
In suing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Charles S. Jones, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Sisnature of Permittee
} Hidden Harbor Permit U31-05 Z & R Associates, LLC Pa(Te 2 of 3
t
ADDITIONAL CONDITIONS
Stormwater Manaaement
3) In order to protect water quality, runoff from the construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
4) The Division of Water Quality (DWQ) is currently reviewing a stormwater permit application to
determine if the project is in compliance with North Carolina's Stormwater Management Program and
has assigned permit No. SW7040623 to the application. The permittee must receive a Stormwater
Management Permit from DWQ, and provide a copy to the Division of Coastal Management, prior to
the initiation of any construction activities.
Sedimentation and Erosion Control
5) Appropriate sedimentation and erosion control devices, measures or structures (e. a. silt fence, diversion
swales or berms, etc.) shall be implemented to ensure that eroded materials do •not enter adjacent
wetlands, watercourses and/or properties.
;NOTE: The permittee has received a Sedimentation and Erosion Control Plan for The Links at
Wayfarers Cove from the NC Division of Land Resources (Project No. CRAVE-2004-028).
Should the permittee choose to modify/amend the existing Sedimentation and Erosion Control
Permit, he or she should contact the Department of Environment and Natural Resources; Land
Quality Section, at 943 Washington Square Mall, Washington, NC 27889.
Docking Facilities
C), No sewage, whether treated or untreated, shall be discharged at anv time from any boats using the
docking facility. Anv sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohsbition shall be applied and enforced throughout
the entire existence of the permitted structure.
7) This permit authorizes only the two 5-slip docks located in or over the water that are expressly and
specifically set forth in the permit application. No other structure, whether floating or stationary, may
become a permanent part of this docking facility without permit modification. No non-water dependent
uses of structures shall be conducted on, in or over public trust waters without permit modification.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
9) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
ld.den Harbor
; & R Associates, LLC
Permit # 31-05
Page 3 of 3
10) This permit authorizes a maximum of 10 boat slips. At no time shall more than 10 vessels be moored or
docked at the facility. The restriction of the number,of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
ADDITIONAL CONDITIONS
General
11) This permit does not authorize the excavation or filling of any wetlands or open water areas, even
temporarily.
12) Any development or land disturbing activity that is considered non-water dependent is not authorized
within 50 feet of the normal high/low water level unless specifically exempted by Environmental
Management Commission (EitiIC) Tar Pamlico/Nieuse River buffer regulations in place at the time of
such development.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property, including but not limited to the construction of
single-family residences, may require a modification of this permit. Contact a representative of
the Division at [phone] prior to commencement of any such activity for this
determination.
NOTE: The permittee and/or his/her contractor is urged to meet with a representative of the Division
prior to project initiation.
\TOTE: The U.S. A=, y Corps of Engineers has assigned this project COE Action ID No. 200510 03 and
issued General Permit No. 197800056 on 2/8/05.
NOTE: The Division of Water Quality (DWQ) issued a Waiver of 401 Water Quality Certification on
118105. DWQ assigned it Project 04-1850.
OA R
Cl) G
r
Lam,
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Di-,ision of Water Quality
DIVISION OF WATER QUALITY
March 15, 2005
Z&R Associates, LLC
Attn: Mr. Marvin Raines
312 South Front Street
New Bern, NC 28560
Subject: Permit No. SW7040623
Hidden Harbor
High Density Stornwarer Project
Craven County .
Dear Mr. Raines:
The Washington Regional Or=ice received a completed Stormwater
Application for the subject project on March 4, 2005. Staff review
of the plans and specifications has determined that the project, as
proposed, will comply with the Sto=water Regulations set forth in
Title 15A ?ICAC 21H.1000. We are forwarding Permit No. SW7040623
dated `?arci: 15, 2005 to Z&R Associates, LLC for the construction
and operation of a storm pipe collection system, Vegetated tu-fe_-S,
and a Wet detention pond to ser"7e Hidden :arbor located of= Co ntrV
Club Road near New Bern, NC.
-'.!? s neri it shall be effective from the date of issuance until
Ma_ ch 1- , 2015 and seal' be Sub j ecz to t`?_e conditions and
limitations as spec,-=-ea there--n ?lease pay special attention
Y V
-'ne Operat_en_ and Ma_n_- en ance __ eau,i e?me'_=ts in ?er7iI z . - ^ -
^,' -
tO es tah_1iS'_ an adequate ?is z e_'_r = cperat -;._ and maintenance-
r inan aae:aenz SVSte_m -esii i ` _n --U, r CCmp _? Ce
the StJr:m:Jat2
pros-ems.
= a-i parts, rer l;re__ment5, Cr Iim a7 Cns ccnt?_ned n t. -
ire unacceptable, you nave the -igrt tc -e ues-`
permi
adjudicalory nearing upcl written - mrecueSt wi :him t11_rty (30) days following receipt Cf this perI7Z This request must be^in the E-E-01-7111
of a written petition, conform-in- to Chapter 150E of the North
of OLf'
Ca?v_ na Cene_'-al S taiutcS, and =i-ed With the c e Of
7.
administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-744
s per:mi t shall be .final and
Unless such demands are :Wade
binding
North Carolina Division of Water Quality !ntemet: `r2o.enr.state.nc.us
943 'Washington Square Mall ?hone: 252-946-6481
'Washington, NC 27889 FA.`{ 252-946-9215
An Equal Cvpertundy/Af mauve Acticn Employer - 50°10 PEfdeCJ1G% F---t Ccrsumer ?-=er
NorthCarolina
ahmally
J'V
ti
Z&R .Associates, LLC
March 15, 2005
Page Two
if you have any questions, or need additional information
concerning this matter, please contact me at [phone], or by
Email: [e-mail].
Sincerely,
William j. Moore
Environmental Engineer
Washington Regional Office
cc: /<obert Chiles Engineers
Craven Countv Planning/Inspections
Washington Regional Office
Central Files

.,
State Stormwater Management Systems
Permit No. SW7040623
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND, NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina as amended, and other applicable
Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANTED TO
Z&R Associates, LLC
Craven Countv
F OR T14_7
construction, operation and maintenance of storm-water management
svstems in compliance with the provisions of ISA NCAC 2H.1000
(hereafter referred to as the "stor7wat?r rules") and the approved
Stormwater management olans and specifications and other supporting
data as attached and on file with. and approved by the Division o'
Water Quality and considered a part of" this permit for a storm ripe
collection Svstem, vegetated buffers, and a wet detention pond to
serve Hidden Harbor located o- Country Club Road near New Pern,
NC.
This permit shai be efffect_ve -f-gym "r- :ate o issuance t' 1
_ --
?Iarch 15, 2013 and shall be S=.. ect -ne =o i 1 Otri=ag spec'_--?C
conditicns and limitaticns:
I. DESIGN STANDARDS
1. This permit _J s efffect_ve onl,T ai to reSp_ eCt to t_^_e nature and
volume of Stormwater described in the appl'caticn and othe_"
supporting data.
2. This stormwater system has been approved for the management of
st0 awater runoff as. described on cage 4 of --his permit, the
Project Data Sheet.
3. Apcroved plans and spec;=ications for this project are
lncorcorated by reference and are en-forceable parts oL the
cer-l t.
3

DIVISION OF WATER QUALITY,
PROJECT DATA
Project Name: Hidden Harbor
Permit Number: SW7040623
Location: Craven County
Applicant: Z&R Properties, LLC
:Mailing Address: 312 South Front Street
New Bern, NC 28560
Application Date: 8/2/04; original
3/4/05; complete
Receiving Stream: UT to Trent River
Classification of Water Body: SE-NS711
Total Site Area: 132 ac
(Uplands) 22.7 ac
Total Impervious: 6.02 ac
Pond Depth: 4.0 Required Storage 1Iol'?.'ne : 23, 32 6 cf

Provided Storage ,ioiume: 35,250 cf
Required Surface -Area: 16,422 sf
Provided Sur=ace Area: 23,300 sf
Controlling Orifice: 2.0 - inch @ elev 2.5 ft
4

4.
5.
Y
No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices (such as swales) shown
on the approved plans as part of the stormwater management
system without submitting a revision to the permit and
receiving approval from the Division.
The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
c. Transfer of ownership
d. Redesign or addition to the approved amount of built-
upon area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions
to the project should require a modification to the permit.
6. The Director may notify the permi.ttee 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
eermittee shall provide copies of revised. plans and
certification in writing to the Director that the changes have
been made.
II. SCHEDULE OF CC1,LpLIANCE
l The pe=aitzee will comply ?lith :he following schedule =or
cons7ruct?on ar_d maintenance of the stormwater management
?Zvstem.
a. Tre sto=water management system shall be constructed in
its entirety, vegetated and operational for its intended
use pr? or to the cons triacticn_ of any built-upon Sllrfaces
exce-ot roads.
iir_na ccns uc z_On, eras i cn sha! 1 be kept zo _ _'_ ; illl?1
and any _rcded areas o- svstem Wi11 be -epa,Yed
immedi ately.
2^e fac'iit_es must be properly maintainer' and operated at all
m2S . _ The approved Cperati On and ifaliit2 anCe plan must be
ollowed in irs ent-recy and maintenance must occur at the
scheduled intervals.
3. The permittee shall at all times provide the operation and
ilaintenanC2 r?eCeSSarv to assure the '_oermittea StormWater
system =''nCz_ons a. optl:ilLTil e--_c' encv _nCludlnG, bllt not
limited to:
3
a. Semiannual scheduled inspections-(every 6 months)
b. Sediment removal
c. Mowing and revegetation of side slopes
d. Immediate repair of eroded areas'
e. Maintenance of side slopes in accordance with approved
plans and specifications
f. Debris removal and unclogging of outlet structure,
orifice device and catch basins and piping.
1
4. Records of maintenance activities must be kept and made
available upon request to authorized personnel of DWQ. The
records will indicate the date, activity, name of person
performing the work and what actions were taken.
5. This permit shall become voidable unless the facilities are
constructed in accordance with the conditions of this permit,
the approved plans and specifications, and other supporting
data.
6. Upon completion of construction and prior to operation of this
permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that
the nernitted facility has been installed in accordance with
this permit, the approved plans and specifications, and other
supporting documentation. Mail the Certification to the
,lashington Regional Office, 943 Washington Square Mall,
Washington, NCrth Carolina, 27889, attention Division of Water
Quality.
7. A copy of the approved plans and specifications shall be
he Pe rnittee for a minimum of five
maintained on file by -he'
years from the date o_" the completion of construction.
III. GENERAL CONDITIONS
1 . ?h15 De iTt1t _S not traRSiera^ Tn the 2VeT7t there i S
des_re for 7h e =aC;lit?eS to :an. Ce oTeinersR' D, or here _S
name change of the Permittee, a formal permit request must be
Submitted to the Di Ji on v ;dater Qlla11t'_v accompanied. bV an
application fee, dCC = entat;Cn =rCm the OartieS involved, and
other supc_Ort'ng materials ac may be appropriate. The
approval of this recruest will be considered on its merits and
may or may not be approved.
2. --ailure to abide by the conditions and limitations contained
In this permit may subject the _ermittee to enforcement action
b-,T the Division or 'dater Quality, in accordance with North
Carolina General Statute 143-213.6(a) to 143-215.6(c).
3. The issuance of this cermit aces not preclude the Permi.ttee
=rom Complying with any and a!' statutes, rules, regulations,
or ordinances which _nav be imposed by other government
agencies (local, state, and -federal) which have jurisdiction.
6
rC -1 ` 7.. ti _
4. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate =corrective action,
including those as may be required by' this Division, such as
the construction of additional or replacement stormwater
management systems.
5. The permit may be modified, revoked and reissued or terminated
for cause. The filing of a request for a permit modification,
revocation and reissuance or termination does not stay any
permit condition.
Permit issued this the 15 th day of March, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
flan W. Kl.im f, ?.E. D-c zor
Division o= Water Qua lily
3y authority of the Environmental Management Commission
Permit Number SW7040623
W A r?9Q?
Uj y
a r
?w
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 15, 2005
Z & R Associates, LLC
Attn: Marvin Raines
312 South Front Street
New Bern, NC 28560
Subject Property:
Alodication of APPROVAL of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization
Certificate
Dear ivir. Raines:
You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to
impact approximately 8,776 ftz of Zone 1 and 9,115 ftz of Zone 2 of the protected riparian buffers for the
purpose of constructing the proposed subdivision road at the subject property as described within your
application dated May 18, 2005. This authorization replaces the previous approval issued on April 23,
2004 and November S, 2004. 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 regulations and DWQ Standards (15A NCAC 02B .0100 and
.0200).
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 authorization and approval letter and is thereby responsible
for complying with all conditions. This approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved Plan Location or Reference
(units)
Buffers 17,891 (square ft.) Maps dated April 1, 2005
2. Buffer Mitigation
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-06
County: Craven
Hidden Harbor
Canal to the Trent River [03-04-10, 27-101-(39), SB Sw NSW]
401 Wetlands Cartification Unit
650 Mail Service Canter, Raleigh, Ncrth Carolina 27609-1650
2321 Crattree Boulevard, Suite 250, Raleigh, North Carolina 27E04
?hone: 919.733.1766 / FAX [phone] / Internet httP://h2c.enr.state.nc.us/nc.vetlands
"o" fLhe Carolina
., atia2;

An Equal opportunity/Affirmative Action E:rplcyer- 5T`? Recycled/10% Post Consumer Pacer

A & R Associates, LLC
Page 2 of 3
7/15/05
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 40,000 square feet as
required under this Authorization 'Certificate and 15A NCAC 2B .0242(bt ffer mitigation rule),
We understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirerent. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. In accordance with 15A NCAC 2B .0242(7)(buffer mitigation rule), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B
.0233(10)(huffer protection rule). Until the EEP receives and clears your check (made payable
to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you have any
questions concerning payment into the Riparian Buffer Restoration Fund. You have one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 40,000 ft' of required riparian buffer mitigation for impacts to 17,891 ft') of
protected riparian buffers; 03-04-10 river and subbasin.
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 2B .0233.
4. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
httT)://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0233(5).
6. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
7. No Impacts Beyond those in Application
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
A & R Associates, LLC
Page 3 of 3
7/15/05
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.
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 Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call [phone].
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.
Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if
any impacts are proposed to either of these waters.
AWK/dae Zr
Enclosures: EEP Notification
Certificate of Completion
Sincerely,
Alan W. Klimek, P.E.
cc: Tom Steffens, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Carol Shaw-EEP (check forwarded)
Robert M. Chiles- PO Box 3496, New Bern, NC 28564-3496
Filename: 04061 SHiddenHarbor(Craven)NBR
OF W ATF9 Michael F. Easley, Governor
O?? QG William G. Ross Jr., Secretary
7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of WaterQuality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2B .0242, Z & R Associates, LLC has permission as outlined below to
impact protected Riparian Buffers for the purpose(s) of constructing the proposed road in Craven County.
All activities associated with these authorized impacts must be conducted with the conditions listed in the
attached certification transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DATE: July 15, 2005
LOCATION: Hidden Harbor
DWQ PROJECT NO: 04-0615
COUNTY Craven
BASIN/ SUB BASIN 03-04-10
As required by I5A NCAC 2B .0233(9), you are required to compensate for the above impacts through
the restoration or enhancement of buffers as outlined below prior. to conducting any activities that impact
or degrade the waters of the state.
Impacts:
17,591 Square feet of Riparian Buffers
Mitigation:
40,000 Square feet of Riparian Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please
sign this form and mail it along with a copy of your Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE 13N1PACTS ARE NOT AUTHORIZED L?TIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
ECOSYTEM ENHANCMENT PROGRVvl.
Sio-nature Date
ECOSYSTEM ENHANCEMENT PROGRAIvi
152 Mail Service Center
RALEIGH, N.C. 27669-1652
[phone]
O1 'Netlancs Cartifcaucn knit
16EO 61ad Service Center, Raleigh, Norh Careiina 27699.1650
2321 Craotree 3culevard, Su to 250, Raleigh, ; lerJj Carolina 27604
?hone: 919-733-1756 /FAX [phone]c93 / internal: nttp•//h2o err state nc.us/nc,.vetlands
N?o.illiCarolina
,/VCltlllYl??lf
'n ?GUcI C.OCrtCNtl/Atilf_aC,,a r,ct,-n ETplover-50°o RecidecJ10% Pcst Consurner Raper
STATE OF NORTH CAROLIi,4A
nEPARTMENT OF ENVIRONMENT
' mND NATURAL RESOURCES
Division of Environmental Health
Public Water Supply Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Terry L. Pierce, Director
Jessica G. Miles, Section-Chief
WALTER B HARTMAN, JR., CITY MG
P 0 Box 1129
New Bern,NC 28563

August 3, 2005 ,uF5_,5 3 _O 5 D
Re: Final Approval
HIDDEN HARBOR S/D
DEH Serial 'M 0401932
PWSID #0425010
CRAVEN County
Dear SirMadam:
The Department received an engineer's certification statement and an applicant's certification statement
concerning the above referenced project. The engineer's certification verifies that the construction of the
referenced project has been completed in accordance with the engineering plans and specifications approved under
Department Serial Number 0401932. The applicant's certification verifies that an Operation and Maintenance Plan
and Emergency Management Plan have been completed and are accessible to the operator on duty at all times and
available to the Department upon request and that the system will have a certified operator as required by 15A
NCAC 18C .1300.
The Department has determined that the requirements specified in 15A NCAC 18C .0303(a) and (c) have
been met and, therefore, issues this Final Approval in accordance with Rule .0309(a).
Please contact us at [phone] if you have any questions or need additional information.
Sincerely,
r
Tony C. Chen, P. E.
Technical Services Branch
Public Water Supply Section
TCC::DEN
cc: FRED HILL, Regional Suoervisor
CRAVEN County Health Department
Robert tit Chiles, Pe
1634 ,flail Service Center, Raleigh, North Carolina 277 699-1634 A Telephone: [phone]
Main Fax: 919-71 J-4371 A Lab Forms Fax: [phone] A Internet: http://ncdrinkingrvater.state.nc.us/
?n ?auca _,.c?r.,., ,? . -??nr,.,r?e -,,.cn c.. _.CVer 5J =? .ewc:aa' '0 .. ss: ?o??s.,n2• =: _.
CF V4ATF Michael F. Easley, Governor
9
?G William G. Ross Jr., Secretary
g' North Carolina Department of Environment and Natural Resources
Alan W. K;imek, P.E., Director
Division of Water Quality
August 4, 2005
Walter Hartman, City Manager
City of New Bern
PO Box 1 129
New Bern, NC 28563
SUBJECT:
Permit No. WQ0024682
Hidden Harbour Vacuum Sewer
Wastewater Collection System Extension
Final Engineering Certification
Dear Permittee:
The Division received a final engineering certification for the subject project on 7/15/2C05.
Enclosed is a copy of the certification page for your records. A full review of the certification
materials may or may not be conducted. It is assumed that receipt of this certification indicates
compliance with all regulations, design criteria and the permit. Plecse be reminded that the
Permittee is responsible for keeping a copy of the final record drawings for the life of the project.
you have not received such copy from your consultant, please contact them immediately to
obtain a copy.
Lastly, you cre receiving this letter because the Division has you listed as the responsible party. If this
permitted system is no longer owned by you, please complete Form PNOCF-S as this permit is not
automatically transferable. Form PNOCF-S can be downloaded from
htto://h2o.enrstate.nc.us/ndcu/ndcucccs.hi'ml7Sewer.
if you have cny questions concerning this document or the completion of Form PNOCF-S (if
necesscr/), please contact me at the letterhead address or vic E-moil at
mcrie.doklevic,?ncmcii.net.
Sincerely,
4-k I-, f ? 45
K. Marie Dcklovic, PE
Environmental Engineer
Enclosure
G.: 'Neshingten Regional Office, Surfcce `Ncter Protection Secticn (cil documents)
?o ert M?-CNes; Rft. -3496; New Bem: NC 28?6s-3496 (no enclosures)
Surface Wcter Protection Section Centrcl Fies (cerincclicn ccge arty)
One Pretreatment, Emergency Response and Ccilecticn Systems Unit Internet http7lh2o.enr.nc.state.us/ndpu
NorthCarolina :617 Mad Service Canter, Raleigh, NC 27699-1617 An Equal CpportunityActen Employer
Telephone [phone] Fax [phone] recyc:edll0%post-consumer paper
rr utrrlly

PRECONSTRUCTION NOTIFICATION FORM VERSION MARCH 05
SECTION VII. IMPACT JUSTIFICATION (AVOIDANCE AND MINIMIZATION)
FOR
Z&R ASSOCIATES, LLC.
The proposed impacts to Zone 2 of the Neuse River riparian buffer are associated with wood
slatted decks located along the waterfront face of nine proposed townhouses in the Hidden
Harbor subdivision.
When the project's nine townhouse lots are measured from the front setback line to the normal
water level, the riparian buffer covers 52% of the northernmost lot, 71% of the southernmost lot,
and 44% of each of the seven others. In order to exercise design control in this section of the
subdivision, provide a uniform appearance, and avoid potentially larger impacts to the buffer
through development as individual residential lots, a decision was made to construct
townhouses.
Beginning at the front setback line, the leading edges of the townhouses are located four feet
inside the building envelope to allow room for a paved and landscaped walkway across the
front. Street-side parking is not available in front of the townhouses, and the extra setback also
provides sufficient parking for four vehicles within the driveway of each townhouse without
obstructing the neighboring driveway's view of the street. The townhouse footprints are as large
as the average building envelope would allow. This creates townhouses that approximate the
size of the anticipated individual homes throughout the rest of the subdivision, but more
importantly provides sufficient space to preclude the construction of outbuildings by townhouse
owners; outbuildings that would likely be positioned within the riparian buffer. Sized in the
manner indicated, the rear (waterfront) face of the townhouses are located just landward of the
Neuse River buffer Zone 2.
In order to provide an opportunity for the townhouse owners to enjoy the waterfront views
associated with these homes, decks are proposed for construction on the rear (waterfront) face
of the townhouses. With one exception, the decks contain a surface area of 200 square feet
each. The exception contains a surface area of 352 square feet that includes a small area at
one end for storage of outdoor grills and/or other deck related fixtures. Owing to their proposed
locations, the decks cover approximately 1,763 square feet of Neuse River riparian buffer Zone 2.
The townhouses are constructed on a pier foundation, and the decks are proposed to share the
some elevation as the finished floor of the townhouses. The decks will be elevated approximately
two feet above the surface of the underlying ground.
In order to minimize the impact created by the decks, the surface areas will be restricted to
wood slatted construction.
11 \ L1UV L. Ulm l\U `/VLIJ L L V LU1 1 UbV L' VL L
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 3/29/05)
Fill in information, print, sign, and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-
1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.
1. Name of Applicant or Z & R Associates, LLC
Agent
*
2. Name of Business
3. Street Address * 312 So. Front St.
4. City, State, Zip * New Bern, NC 28560
5. Telephone * 252 633 - 0106
6. Fax ? f""-"' l _
I 1
7. E-mail
8. Project Name * Hidden Harbor Townhouses
9. Project Location * Hidden Harbor Subdivision, New Bern
10. Lat-Long Coordinates Lat 35°05'36" N Long 77°03'49" W
11. River Basin * Neuse
12. Cataloging Unit (8-digit) 03020204 -Trent River
11. Project County* Craven
14. Riparian Wetland
Impact ac *
15. Non-Riparian Wetland
Impact ac *
16. Coastal Marsh Impact
ac *
17. Stream-Cold Impact (ft)
*
18. Stream-Cool Impact (ft)
*
19. Stream-Warm Impact
ft *
20. ** Buffer-Zone 1 Impact
s ft *
21. ** Buffer-Zone 2 Impact 1763
s ft *
22. ** Buffer-Total (Zone 1 +
Zone 2 s ft *

_ Signs \e of Applicant or Agent:
Attachments? F_
Yes
Date. p

Required information; zero answers in 14-22 should be indicated with "0" or "N/A", not left blank.
Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
*** Go to EPA "Surf Your Watershed" http://cfpub_epagov/surf/locate/index cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol. shave a ncmail.net
•Y •1
MEMORANDUM:
FROM: Mr. Marvin Raines
Z&R Associates, LLC
312 South Front Street
New Bern. N.C. 2860
TO: Robert M. Chiles, P.E.
Engineers, Consultants, & Marine Surveyor
P.O. Box 3496
New Bern, N.C. 28664-3496
RE: Assignment of right to act as Authorized Agent for Z&R Associates, LLC,
Hidden Harbor Subdivision, New Bern, N.C. Craven County, N.C.
TO WHOM IT 'iMAY CONCERN:
By my signature below 1, Marvin Raines, authorize Robert M. Chiles, P.E. to as the agent
representing Z&R Associates, LLC for the purposes of completing and submitting a Neuse River
Buffer Impact Modification, and supporting documents.
This authorization is effective on the date signed.
r', -?
Mar,-'
n Raines
CRAVEN COUNTY
NORTH CAROLINA
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September 8, 2005
DWQ # 20051697
Craven County
CERTIFIED MAIL
Robert M. Chiles, P.E.
PO Box 3496
New Bern, NC 28564-3496
Subject: Hidden Harbor Townhomes
Mr. Chiles:
On September 6, 2005 the Wetlands/401 Unit of the Division of Water Quality received your application on
behalf of Z & R Associates, LLC for a Riparian or Watershed Buffer approval in Craven County, North Carolina.
The DWQ requires five (5) full application sets for the review process and it appears that only one set was
received. Please submit an additional four (4) application sets. Your project has been placed on hold until all
criteria has been met. Please reference the above DWQ # on all future correspondence.
If you have any questions regarding this letter please do not hesitate to call me at (919)-733-1786.
CBK/lj d
cc: File copy
Central Files
i cerely,

20051697 Hidden Hills Twnhms (Craven) Hold for Sets
V T.
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enrstate.naus/ncti,ctlands)
Customer Service #: 1-877-623-6748
FOUNDED
1710
DANNY MEADOWS, Director
Lif
Ioubfie IDorf5 3Department
P.O. BOX 1129
J- ew Bern, .C?:.
26563-1129
(>jree Lenturie5 of A?-,ort1j Carolina 3j)eritage
August 31, 2004
LETTER OF APPROVAL
>vTr. Ilarvin L. Raines
Z & R Associates, LLC
312 South Front Street
New Bern, NC 28560
RE: Stormwater Management Plan for Nitrogen Reduction - No. 23
Hidden Harbor
Responsible Party: Z & R Associates, LLC
Dear lvlr. Stilley:
PHONE [phone]
FAX [phone]
This letter is to advise that your submittal of plans and application are in compliance
with the City of New Bern Stormwater Quality Management and Discharge Control
Ordinance. Your plan contains one (1) proposed Structural BitifP. No offset payments are
due for total nitrogen reduction. The Structural Bi'v P technical review fee of 5200, BtilP as-
built inspection fee of S200, and the standard application fee of 5400, for an overall total of
S800.00 was received in the original application.
Prior to the issuance of a building permit, a recorded copy of a Declaration of
Covenants for Storm and Surface Water Facility Ylaintenance must be received bymy office.
(An updated copy of Covenants was issued on January 14, 2003 to replace the one currently
found in the City of New Bern Stormwater Nfanagement Manual. Please contact my office
if you need an updated copy.)
This permit also requires the necessary maintenance of the proposed BLIP as set forth
in your operation and maintenance plan and the payment of a yearly inspection fee to the City
of New Bern in the amount set by the Board of Alderman for such inspections, as required
under the City of New Bern Stormwater Quality tifanagement and Discharge Ordinance.
,$frh ing for ?Zxallma,

y :.
Stonnwater Permit No. 23
Page. 2 of 2
We thank you for your concern for water quality issues and efforts toward the
improvement of the Neuse River and look forward to working with you to insure the future
of this resource is protected for generations to come.
Sincerely,
ri'1?4?
Danny Meadows
Stormwater Administrator
Cc: Michael L. Rice, P.E., Robert M. Chiles Engineers
C. T. Clayton, Sr., P. E.
Richard Morris, Public Works Superintendent
John Clark, Chief Building Inspector
File
i FOUNDED
1710
DANNY MEADOWS, Director
Cnit? of ?E?a ?3 nu
ipublic Rorke, 3Department
P.O. BOX 1129
J'-') eW f ern, .p?.L.
28563-1129
Tljree lrenturir? of f),ortlj Carolina ;?)eritage
August 31, 2004
LETTER OF APPROVAL
Mr. Marvin L. Raines
Z & R Associates, LLC
312 South Front Street
New Bern, NC 28560
RE: Stormwater Management Plan for Nitrogen Reduction - No. 23
Hidden Harbor
Responsible Party: Z & R Associates, LLC
Dear Mr. Stilley:
PHONE (252) 636-:025
FAX [phone]
This letter is to advise that your submittal of plans and application are in compliance
with the City of New Bern Stormwater Quality Management and Discharge Control
Ordinance. Your plan contains one (1) proposed Structural BMP. No offset payments are
due for total nitrogen reduction. The Structural BMP technical review fee of 5200, BMP as-
built inspection fee of S200, and the standard application fee of S400, for an overall total of
5800.00 was received in the original application.
Prior to the issuance of a building permit, a recorded copy of a Declaration of
Covenants for Storm and Surface Water Facility tilaintenance must be received by my office.
(An updated copy of Covenants was issued on January 14, 2003 to replace the one currently
found in the City of New Bern Stormwater Management Manual. Please contact my office
if you need an updated copy.)
This permit also requires the necessary maintenance of the proposed BtilP as set forth
in your operation and maintenance plan and the payment of a yearly inspection fee to the City
of New Bern in the amount set by the Board of Alderman for such inspections, as required
under the City of New Bern Stormwater Quality Management and Discharge Ordinance.
,,?frh ing for ?xrrllrnrr
Stormwater Permit No. 23
Page 2 of 2
We thank you for your concern for water quality issues and efforts toward the
improvement of the Neuse River and look forward to working with you to insure the future
of this resource is protected for generations to come.
Sincerely,
Danny Meadows
Stormwater Administrator
Cc: Michael L. Rice, P.E., Robert N1. Chiles Engineers ?
C. T. Clayton, Sr., P. E.
Richard Morris, Public Works Superintendent
John Clark, Chief Building Inspector
File
'lef
CITY OF NEW BERN STORMWATER PERMIT
(Form SW-010)
Development Hidden Harbor
Owner of Contact Person Marvin L. Raines,L & RAssociates, LLC.
Address 312 South Front Street
New Bern, NC 28560

Date Issued: August 31, 2004
This permit is provided under the City of New Bern Stormwater Ordinance and covers construction
activities as submitted on the Stormwater Management Plan and accompanying drawings, calculations
and other documentation for the period ending August 31, 2006 (2 years from date issued).
Inspection Requirement
Each structural component (Best Management Practice or BMP) constructed under this permit requires a
final, as-built inspection prior to the use of the property as described in the Stormwater Management Plan.
You must call the City of New Bern Stormwater Administrator's office to schedule that inspection. Failure
to arrange for the required inspection prior to beginning the intended use of the property shall void this
permit.
No Modifications
There shall be no modifications to the drainage patterns, structures, operation and maintenance, or other
features approved in Stormwater Management Plan without the prior approval of the Stormwater
Administrator.
Additional Requirements
Additional requirements, conditions, variances, and approvals are included as part of this permit as
attached and here referenced: Recorded copy of Declaration of Covenants
Please keep a copy of this Stormwater Permit at your site. This permit does not supersede any other
permit requirements or approvals required for your development. Your cooperation is appreciated.
Sincerely,
City of New Bern Stormwater Administrator or Representative
Official Use Only: Stormwater Permit No. 23 Date Approved August 31, 2004
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200510077 County: Craven USGS Quad: New Bern
GENERAL PER1\41T (REGIONAL AND NATIONSVIDE) VEBUFICATION
Property Owner / Authorized Agent: Z -&R Associates. LLC c/o Mr. George Chiles
Address: Post Office Box 3496
New Bern. North Carolina 28564-3496
Telephone No.: 252-637-4702
Size and location of property (water body, road name/number, town, etc.): Project is located within a 22.7 acre tract on
the east side of NCSR 1200 (Countrv Club Road) approximately 0.5 miles south of the intersection with U. S.
Hit2hwav 70 adjacent to a manmade tributarv flowing to the Trent River to the City of New Bern to Craven
County. North Carolina.
Description of projects area and activity: Applicant proposes to fill 0.3 acres of Department of the Army.
jurisdictional wetlands to facilitate the construction of a subdivision access road.
Applicable Law: ] Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Pennit 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 front your submitted plans may subject the
permittee 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 bellow, 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 revocation. unless
discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 1104 (as indicated above) may also require an individual Section -,01 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone [phone]) to determine Section 101 :equiretrents.
For activities occurrin -.Flthiin the twenty coastal counties subject to regulation under the Coastal Area Mana_=e:nent Ac: (C.-\NLA),
prior to be,.!inning work .:ou must contact the N.C. Division of Coastal `Ianagement in Morehead City. NC. at (252) SOS-2-MS.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal.
State or local approvals; pernuts.
If there are any questions regarding this verification, anv of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Mr. Scott Jones at [phone] extension 27.
Corns Regulatory Official Date: 01/03/2005
Exairation Date of Verification: 01/03/2007
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 Process
( Reference 33 CFR Part 331).
® 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.
I? The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued 09/38/2004. Action ID 200411782
Basis of Jurisdictional Determination: This site exhibits wetkind criteria as described in the 1987 Corns Wetland Delineation
Manual and is art of a broad continuum of wetlands connected to the Trent River. The rvaterbodv exhibits an Ordinarv
Hij4h Water Mark as indicated by changes in soil character and absence of terrestrial vegetation and is connected to the Trent
River.
Corps Regulatory Official:
'J
Date 01/03/2005
SURVEY PLATS, FIELD SKETCH, WETLA-?D DELINEATION FORMS, PROJECT PLA;iS, ETC., MUST BE
ATTACHED TO THE FILE COPY" OF THIS FORA. IF REQUIRED OR AVAILABLE.
Copy Furnished:
Page 2 of 2
January 3, 2005
Regulatory Division
Action M No. 200510077
Z & R Associates, LLC
C/o Mr. George Chiles, Robert N1. Chiles P.E.
Post Office Box 3496
New Bern, North Carolina 28564-3496
Permit Special Conditions
Nationwide Permit 14 authorizes your work provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
a. All work authorized by this permit must be performed in strict compliance with
the submitted plans, which are a part of this permit.
b. (1) The Permittee shall preserve and maintain 1.35 acres of DA
jurisdictional wetlands within the Hidden Harbor Subdivision. The
Permittee is prohibited from performing any of the following activities on
the preserved acreage: Filling; grading; excavating; earth movement of
any kind; construction of roads, walkways, buildings, signs, or any other
structure; any activity that may alter the drainage patterns on the property;
the destruction, mowing, or other alteration of vegetation on the property;
disposal or storage of any garbage, trash, or other waste material; or any
other activity which would result in the wetlands being adversely impacted
or destroyed.
b. (?) Prior to beginning wor'.; authorized by this permit, the Permittee %vill identify
ind survey the DA jurisdictional wetlands referenced in condition a. above. and
provide a copv of the survey to the Corps of Engineers.
b. (3) Prior to beginning work authorized by this permit, the Permittee shall
execute and cause to be recorded a conservation easement prohibiting
those activities listed in condition a. above. The Corps of Engineers prior
to recordation of the easement shall approve the holder of this easement.
The Permittee shall provide the Corps of Engineers, a copy of the recorded
easement within 60 davs of the recordation of the easement. The
Permittee shall take no action inconsistent with the terms and purpose of
the conservation easement on the property described therein.
Constriction within jurisdictional areas on the property shall begin only after a
conservation easement is created as described above, in compliance with the MOU
between the North Carolina Department of Environment and Natural Resources and the
United States Army Corps of Engineers, Wilmington District, dated November 4, 1998.
**Note: Habitat type may be described as found in Schafale and TYeakley, Classification
of the Natural Communities of North Carolina, Third Approximation, 1990; or in
accordance with Cowardin, et al (1979), Classification of Wetlands and Deepwater
Habitats of the of the United States
If you have not already done so, you should contact ivis. Cyndi Karoly, North Carolina
Division of Water Quality, telephone [phone], regarding Section 401 Water
Quality Certification. This nationwide permit does not relieve you of the responsibility to
obtain other required State or local approval. This verification will be valid for two years
from the date of this letter unless the nationwide authorization is modified, reissued or
revoked.
Thank you for your time and cooperation. Questions or comments may be addressed
to Mr. Scott Jones, Washington Regulatory Field Office, telephone [phone],
extension 27.
W A
p G
y
Eff-i

Mr. Robert IY1. Chiles
Z&R Associates, LLC
312 South Front Street
New Bem, NC, 28560
Subject Property
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 18, 2005
Hidden Harbor Subdivision
Waiver of -101 NVater Quality Certification
Derr Nlr. Chiles
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project r 04-1850
Craven County
Your auulication for a 401 Water Quality Certification to impact up to 0.30 acres of wetlands in order to construct the
Hidden Harbor Subdivision was received in the Division of Water Quality's Central office on November 16, 2004.
.-kccording to our rules [15 A NC AC 2H .0507 (A)], if final action is not taken :within 60 day's, the Certification is
waived unless DWQ has objected in writing to your application. Therefore, DWQ has waived the requirement for a
01 ',Va,er Quality Certification for your plans to impact waters as described in your November 16, 2004 application
materials.
Hov,cver, if additional impact occurs or -your development plans change, this -:waiver is no longer valid ands 101
"Vater Qualit; Cenif:cacon gill be requires.
If you have any questions. please telephone Cynd ??aroiy at 919--1333-17786.
S incerely
? J
Alan ',V Klinle'c. -

Robes C: iies, P.O. Boa -3-196, Ne,.v Bem. NC, 2856!-3-'96
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STATE OF NORTH CAROLINA -
DEPARTMENT OF TRANSPoRTATION
1 limA 1. F. EASLEY DIVISION OF HIGHWAYS LYND0 TIPPETT
GOVERNOR
January 19, 2005
Marvin Raines
Z&R Associates, LLC
312 South Front Street
New Bern, NC 28560
SUBJECT: Access Permit Application- Craven County D-2205007
SECRETARY
Attached hereto, for your files, is a copy of the Access Permit Application which has
been properly executed. The permit covers the following:
Access onto SR 1200 to serve the Hidden Harbor Subdivision
APPROVED SUBJECT TO:
1) The construction of improvements in the right of way is in accordance with attached
plans and application form provisions
2) Notify the District Engineer's office in New Bern [phone] prior to beginning
and upon completion of work.
3) All workmanship and materials shall conform to NC. D.O.T. standards and
so I iications.
4) The owner shall call the North Carolina One Call Center at 1-800-632-4949 and make
satisfactory arrangements to adjust any utilities in conflict with the proposed access.
5) Traffic control devices shall be in accordance with the manual on uniform Trarnc
Control Devices and amendments or supplements thereto.
6) All access points shall conform to the Policy on Street and Driveway Access to North
Carolina Highways.
7) Approval of access permit does not constitute approval of subdivision streets for
maintenance by the Department of Transportation.
DivZsioN, Two. DISTRICT Two • 209 S. GLE,,BUR:ti RoAD • NEw BERN. Ni. C. 28660
Pxo`t [phone] • F.-,,x [phone]
9) Contact this office to schedule an inspection after the driveway is complete.
10) Minimum entrance radius shall be 30 feet.
11) An approved copy of this permit and plans shall be located on site during all times of
construction.
12) All permitted access shall be paved in accordance with the DOT Policy on Street and
Driveway Access to North Carolina Highways.
If we can be of further assistance, please advise. Our telephone number is (252) 514-
4716.
Sincerely,
Aaron C. Everett
District Engineer
ACE/gre
Cc: oP.E.
C.E. Lassiter Jr., P.E. Division Engineer w/atta.
Ken Mason, County Maintenance Engineer w/atta.
David Sawyer, Transportation Technician II w/atta.

I _ APPLIQATION IDENTIFIC)
Driveway - Date of OC'
Permit No. _ Application
n
CRAVEN
Development Name: HIDDEN HARBOR SUBDIVISION i _
LOCATION OF PROPERTY:
Route/Road: COUNTRY CLUB ROAD, NCSR 1200
Exact Distance 0.65 © Miles N S E W
? Feet ? ® ? ?
From the Intersection of Route No. U.S. HWY 70 and Route No. NCSR 1200 Toward NCSR 1216
Property Will Be Used For. 0 Residential /Subdivision ? Commercial ? Educational Facilities ? TND ? Emergency Services ? Other
Property: n is ? is not vrithinNEW BERN -Citv Zoning Area.
AGREEMENT
• I, the undersigned property owner, request access and permission to construct driveway(s) or street(s) on public right-'
of-way at the above location.
• I agree to construct and maintain driveway(s) or street entrance(s) in absolute conformance with the current "Policy on
Street and Driveway Access to North Carolina Highways' as adopted by the North Carolina Department of
Transportation.
• I agree that no signs or objects will be placed on or over the public right-of-way other than those approved by NCDOT.
• I agree that the driveway(s) or street(s) will be constructed as shown on the attached plans.
• I agree that that driveway(s) or street(s) as.used in this agreement include any approach tapers, storage lanes or
speed change lanes as deemed necessary.
• I agree that if any future improvements to the roadway become necessary, the portion of driveway(s) or street(s)
located on public right-of-way will be considered the property of the North Carolina Department of Transportation, and I
will not be entitled to reimbursement or have any claim for present expenditures for driveway or street construction.
• I agree that this permit becomes void if construction of driveway(s) or street(s) is not completed within the time
specified by the "Policy on Street and Driveway Access to North Carolina Highways'.
• I agree to pay a 350 construction inspection fee. Make checks payable to NCDOT. This fee will be reimbursed if
application is denied.
• I agree to construct and maintain the driveway(s) or street(s) in a safe manner so as not to interfere with or endanger
the public travel.
• ! agree to provide during construction proper signs, signal lights, flaggers and other warning devices for the protection
of traffic in conformance with the current 'Manual on Uniform Traffic Control Devices for Streets and Highways" and
amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the
District Engineer.
• I agree to indemnity and save harmless the North Carolina Department of Transportation from all damages and claims
for damage that may arise by reason of this construction.
• I agree that the North Carolina Department of Transportation will assume no responsibility for any damages that may
be caused to such facilities, within the highway right-of-way limits, in carrying out its construction.
• I agree to provide a Performance and Indemnity Bond in the amount specified by the Division of Highways for any
construction proposed on the State Highway system.
• The granting of this permit is subject to the regulatory powers of the NC Department of Transportation as provided by
!aw and as set forth in the N.C. Policy on Driveways and shall not be construed as a contract access point.
• I AGREE TO NOTIFY THE DISTRICT ENGINEER WHEN THE PROPOSED WORK BEGINS AND WHEN IT IS
COMPLETED.
?CC? X71 NOTE: Submit Four Copies of Application to Local District Engineer, N.C. Department of Transportation TEB 65-04rev.
61-02419

SIGNATURES OF APPLICANT
PROPERTY OWNEF?, PLICANT) WITNESS
COh,PANY R AS$O A E , LL ^ NAME RO T M. CHILES
SIGNATURE I SIGNATURE
ADDRESS 31 SOUTH FRONT ST ET ADDRESS = P.O. BOX 3496
NEW BERN, NC 28560 Phone No. 252-633-0106 NEW BERN, NC 28564-3496
AUTHORIZED AGENT WITNESS
COMPANY ROBERT M. CHILES, P.E. NAME JOE L. RIDDICK, JR,
SIGNATURE Q
r SIGNATURE si - s
-

ADDRESS P.O. BOX 3496
ADDRESS ?
P.O. BOX 3496
NEW BERN, NC 28564 Phone No. 252-637-4702 NEW BERN, NC 28564-3496

f: APPROVALS
APPLICATION RECEIVED BY DISTRICT ENGINEER

?7, G ?
SIGNATURE'
I DATE
APPLICATION APPROVED BY LOCAL GOVERNMENTAL AUTHORITY (when required)
I DIRECTOR O PPUBL IC WORKS. 2
/ l SIGNATURE TITLE DAyE
A.PPUCATICN APPROVED BY DISTRICT ENGiN=ER
!
?
Lam`
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SIGNATURE DATE
INSPECTION BY INCOOT
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SIGNATURE TITLE DATE
3CN1tv1ENT
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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
5 March 2005
CERTIFIED MAIL 7003 3110 0002 0603 3331
RETURN RECEIPT REQUESTED
Hidden Harbor Subdivision
C/o Z & R Associates, LLC
312 South Front Street
New Bern, NC 28560
Dear Z & R Associates, LLC:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where
applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff-colored)
form is retained by you and it must be available on site when the project is inspected for compliance. Please sign
both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully
understands all permit requirements.
F rom time to time, Department personnel will visit the project site. To facilitate this revie.v, we request that
you complete and mail the enclosed Notice Card just prior to ,work vitiation. However, if questions arise concerning
permit conditions, environmental safeguards, or problem areas, you -nay contact Department personnel at any time
for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Very sincerely,
David W. Move
express Permits Coordinator
252-948-3852
Enclosure
Cc: Pete Chiles, P. 0. Box 3496, New Bern, NC 28564
943 Washington Square Mall, Washington, Ncrih Carolina 27889
Phone: [phone] PAX: 252-9484478 1 In;emet www.nccoas;almanagementnetl
An EC,ual Cppcnunity 1 A `(made neon ErnPloyer 50% Rec c:ad ,0% Post Consumer Pacer
Class
STATE OF NORTH CAROLLNA
Department of Environment and Natural Resources
and
Coastal Resources Commission ;
for
X_ Major Development in an Area of Environmental Concern
pursuant to NC GS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number;
31-OS
_. a
Issued to Hidden Harbor Subdivision, C/O Z & R Associates, LLC, 312 South Front Street, New Bern, NC 28560.
Authorizing development in Craven
County off SR 1200 (Country Club Rd.). on canal and basin
off the Trent River. New Bern , as requested in the permittee's application dated 01/19/2005. including the
attached workplan drawings (2) both dated 01/12/2005
This permit, issued on 'March 5. 2005 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. .
Upland Development
1) Unless specifically altered herein, this permit authorizes construction of a 32-lot subdivision comprised
of 9 town homes, 23 additional residential building lots, an access road and parking areas, and the
construction of two docks on the common lot, all as depicted in the attached permit application and
j workplan drawings.
2) With the exception of the two areas of the access road encroachment and the earthen fill for the town
home construction, all work shall take place landward of the 50-foot Neuse River Basin Buffer Rules.
The 9 proposed 10' by 10' elevated wooden decks on the town homes will require a variance from the
Environmental Manazement Commission.
This permit action may be appealed by the permittee or
other ualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2008
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
? `
?v. Charles S. Jones, Director
Division of Coastal Management
In issuing this permit, the State of North Carolina agrees that This per-nit and its conditions are hereby accepted.
!our project is consistent with the North Carolina Coastal
Management Program.
Permit Program)
Signature of Permittee
Hidden Harbor
Z &R Associates, LLC
ADDITIONAL CONDITIONS
Permit # 31-05 .1;
Page 2 of 3 z1
? A l
Stormwater Management
3) In order to protect water quality, runoff from the construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
4) The Division of Water Quality (DWQ) is currently reviewing a stormwater permit application to
determine if the project is in compliance with North Carolina's Stormwater Management Program and
has assigned permit No. SW7040623 to the application. The permittee must receive a Stormwater
Management Permit from DWQ, and provide a copy to the Division of Coastal Management, prior to
the initiation of any construction activities.
Sedimentation and Erosion Control
5) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion
swales or berms, etc.) shall be implemented to ensure that eroded materials do 'not, enter adjacent
wetlands, watercourses and/or properties.
NOTE: The permittee has received a Sedimentation and Erosion Control Plan for The Links at
Wayfarers Cove from the NC Division of Land Resources (Project No. CRAVE-2004-028).
Should the permittee choose to modify/amend the existing Sedimentation and Erosion Control
Permit, he or she should contact the Department of Environment and Natural Resources; Land
Quality Section, at 943 Washington Square Mall, Washington, NC 27889.
Docking Facilities
o) No sewage. whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
7) This pernit authorizes only the two 5-slip docks located in or over the water that are expressly and
specifically set forth in the permit application. No other structure, whether floating or stationary, may
become a permanent part of this docking facility without permit modification. No non-water dependent
uses of structures shall be conducted on, in or over public trust waters without permit modification.
8) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
9) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
u?.? • • Permit # 31-05
& R Associates, LLC Page 3 of 3
10) This permit authorizes a maximum of 10 boat slips. At no time shall more than 10 vessels be moored or
docked at the facility. The restriction of the number,of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
ADDITIONAL CONDITIONS
General
11) This permit does not authorize the excavation or filling of any wetlands or open water areas, even
temporarily.
12) Any development or land disturbing activity that is considered non-water dependent is not authorized
within 50 feet of the normal high/low water level unless specifically exempted by Environmental
hTanagement Commission (ERIC) Tar Pamlico/Nieuse River buffer regulations in place at the time of
such development.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property; including but not limited to the construction of
single-family residences, may require a modification of this permit. Contact a representative of
the Division at [phone] prior to commencement of any such activity for this
determination.
NOTE: The permirtee and/or his/her contractor is urged to meet with a representative of the Division
prior to project initiation.
NOTE: The U.S. Ar:.1v Corps of Engineers has assigned this project COE Action 1D No. 200510 03 and
issued General Permit No. 197800056 on 2/8/0.
NOTE: The Division of "water Quality (DWQ) issued a Waiver of 401 Water Quality Certification on
11118105. D`y'Q assigned it Project 04-1850.
rFR Michael F. Easley, Governor
N NA
O.. QG William G. Ross Jr., Secretary
p North Carolina Department of Environment and Natural Resources
> -i Allan W. Klimek, P.E- Director
L-
Q Division of Water Quality
DIVISION OF WATER QUALITY
March 15, 2005
Z&R Associates, LLC
Attn: Mr. Marvin Raines
312 South Front Street
New Bern, NC 28560
Subject: Permit No. SW7040623
Hidden Harbor
High Density Storlnwater Project
Craven County
Dear Mr. Raines:
The Washington Regional Ozfice received a completed StOrmWater
Application nor the subject pre7ect on March 4, 2005. Stai_i review
of the plans and specifications has determined that the project, as
DrOCOS2d, will Compel tn the J-ormwater Regulations set forth in
Title 15A NCAC 2'-1.1000. We are forwarding Permit No. SW7040623
dated March 15, 2005 to Z&R Associates, LLC for the construction
and operation of a ..~ torn pipe collection system, vegetated buffer,
and a wet detention --on,.' '_o serve ::idden Harbor located oil Coun=rv
Club Road near New Bern, NC.
This tiermi- s_all be e"ect_ve Lrom the date of issuance until
March 15, 2015 and steal- be subject to the conditions and
limitations as sceci=ied t:^erein. Please pav special attention to
the Operation and Ma_n-enance recu rements i this cerm?t. a-41 1"re
tp adeq':a-e 4"i5 7 em i or Opera -C L: anC :c.-
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are T aC:opYtable
pe iOL -ave the right z0 re'uuest ^a adjudicatcry e a r i up on 'N=-_.-e Y
- =n Yeguest wit-1-11-in thi:-y 3'0? d.-vs
following receipt of this permit. This reauest must be in the -form
o a written pet;ton, conforming, to Chapter , 5GB of toe North
_.. h 0 -
?-h - - -
Carolina 'G eneral Statutes, and =,_ed w t
- ri-_gs 0. Drawer 2 74''7, Ra1ei gh, NC 27611-71-
be 7.
Administrati Te Bea P and
Unless such demands are made s -ermit shall _ -=_i ~?al _
bind'rig.
North Carolina Division of Water Quality !ncemet aZe.era.s'ate.nc.'S
943 Washington Square %Wl Phone: [phone]
Washington, NC 27889 F .X 252-946-9215
An Ecuaf Cportun ryIAf rrnative Acticn ErrFicyer - 500. Recic:ed C',; Pcst Ccnsumer P_cer
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Z&R Associates, LLC
March 15, 2005
Page Two
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if you have any questions, or need additional information'
concerning this matter, please contact me at [phone], or by
Email: [e-mail].
Sincerely,
William J. i_ocre
Environmental Engineer
Washington Regional Office
cc: ;/Robert Chiles Engineers
Craven County Planning/inspections
Washing-Lon Regional Office
Central Files

State Stormwater Management Systems
r Permit No. SW7040623
STATE OF NORTH CAROLINA T
DEPARTMENT OF ENVIRONMENT AND. NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER MANAGEMENT PERMIT
HIGH DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143,
General Statutes of North Carolina as amended, and other applicable
Laws, Rules, and Regulations
PERMISSION IS HEREBY GRANL TED TO
Z&R Associates, LLC
Craven County
FOR THE
construction, operation and maintenance of stormwater management
svstems in compliance with the provisions of 15A NCAC 2H.1000
(hereafter referred to as the "stormwater rules") and the approved
stor:nwater management clans and specifications and o-her supporting
data as attached and on file with and accroved by the Division of
Water Qualitv and considered a part of this permit for a storm pipe
collection system, vegetated buffers, and a wet detention cond to
se rre Hidden Harbor located off Countr'y' Club Road near New Bern,
NC.
This shall be effective from z_"'ie da,-e o= J.ssuance irL_1
Marc:: 15, 201-3 and shall ce s,, o] eCL he ?01ieSv_ng scecif ed
cond_-ices and limitations:
I . DESK -N S TANDARD S
1. This permit is effective or_ly with respect zo .he nature and
volume of sto r_nwater described in the acplica-ion and other
supporting data.
2. This stormwater svstem has been accroved for the management of
stormwater runoff as' described on cage 4 of this permit, the
?roject Data Sheet.
3. Approved plans and specifications for this project are
_ncor:orazed by reference and are enforceable parts of the
_? e --.n t .
3

DIVISION OF WATER QUALITY,
PROJECT DATA
Project Name: Hidden Harbor
Permit Number: SW7040623
Location: Craven County
Applicant: Z&R Properties, LLC
Mailing Address: 312 South Front Street
New Bern, NC 28560
Application Date: 8/2/04; original
3/4/05; complete
Receiving Stream: UT to Trent River
Classi=icaticn o= °idater Body: SB-NSW
Total Site Area: 132 ac
(uplands) 22.7 ac
Total Impervious: 6.6ac
Pond Depth. ?.0 -L
RecTUi red Storage io_ me : 23, 32 6 ct
Provided Storage W()'ame : 35,250 c'
Required Sur`ace Area: 1-6,422 s=
Provided Sur=ace Area:
Control ling Ori=ice:
23,500 sf:
2 . 0 - inc.": @ e 1 e v 2 . 5
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4. No homeowner/lot owner/developer shall be allowed to fill in,
alter, or pipe any vegetative practices '(such as swales) shown
on the approved plans as part of the stormwater management
system without submitting a revision to the permit and
receiving approval from the Division,.
5. The following items will require a modification to the permit:
a. Any revision to the approved plans, regardless of size
b. Project name change
c. Transfer of ownership
d. Redesign or addition to the approved amount of built-
upon area
e. Further subdivision of the project area.
In addition, the Director may determine that other revisions
to the project should require a modification to the Derm1 t.
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
nermittee shall provide copies of revised. plans and
certification in writing to the Director that the changes have
been made.
II. SCHEDULE OF COMPLIANCE
1 . The permi.ttee will comply with -he following schedule for
construction and maintenance of the sto lawater management
svstem.
a. The stormwater management system shall be constructed in
its entirety, vegetated and operational for its intended
use prior to the constrL'ctlcn of any built-upon surfaces
exceot roac.s.
Durina construction, eres;cn shall be '-,ept to a minimum
and any eroded areas of the system will be repaired
immedi ately.
2. The facilities must be properly maintained and operated at all
-imes. The approved Operation and Maintenance Plan must be
followed in 1,-s entirety and maintenance must CCCUr at the
scheduled intervals.
3. The permittee shall, at all Mmes provide the operation and
:maintenance necessary to assure the permitted Stor?ilwater
svStem functions at optimum ef=_ciency 'including, but not
limited to:

a. Semiannual scheduled inspections (every 6 months)
b. Sediment removal
c. Mowing and revegetation of side slopes
d. Immediate repair of eroded areas'
e. Maintenance of side slopes in accordance with approved
plans and specifications
f. Debris removal and unclogging of outlet structure,
orifice device and catch basins and piping.
n. Records of maintenance activities must be kept and made
available upon request to authorized personnel of DWQ. The
records will indicate the date, activity, name of person
performing the work and what actions were taken.
S. This permit shall become voidable unless the facilities are
constructed in accordance with the conditions or this permit,
the approved plans and specifications, and other supporting
data.
6. Upon completion of construction and prior to operation of this
permitted facility, a certification must be received from an
appropriate designer for the system installed certifying that
the permitted facility has been installed in accordance with
this permit, "he approved plans and specifications, and other
supporting documentation. Mail the Certification to the
Washington Regional Office, 943 Washington Square Mail,
Washington, North Carolina, 27S39, attention Division of Water
Quality.
7. A copv of the approved plans a-rd specifications shall be
maintained on ;i.le by the Perm?ttee for minimum of five
years from the date of the ccmpletion of construction.
III. GENERAL CONDITICNS
1. This permit is pct transferab e. n the evert there is a
desire for _he raC_l_tleS ^Ce ownershic, or =here a
lame change of: the Permlttee, a formal pe_li l = request muS7 be
submitted -o the Division c- ;laze-- Quaiizv acccm'Janled by an
application iee, dcc,,=en,-at_cn =rCM the car les involved, and
other supporting materials as may be appropriate. The
approval of this request will be considered on its merits and
nav or may nc: 'tee approved.
2. Failure to abide ;-)v the conait_or_s and lira=oaticns contained
in this pe_~=mit may subjec the Permittee to enforcement action
by the Division o? Water Qua:l_tV, in accordance with North
Carolina General Statute 143-213.6(a) to 143-213.6(c).
3. The issuance of phis permit dces not preclude the Permit-ee
_rOm complying w=z:h anv and all . zatutes, rules, regulations,
or ordinances which may be imposed by other government
agencies (local, state, and federal) which have jurisdiction.
6

4. In the event that the facilities fail to perform
satisfactorily, including the creation of nuisance conditions,
the Permittee shall take immediate =corrective action,
including those as may be required by' this Division, such as
the construction of additional or replacement stormwater
management systems.
5. The permit may be modified, revoked and reissued or terminated
for cause. The filing of a request for a permit modification,
revocation and reissuance or termination does not stay any
permit condition.
Permit issued this the 15 th day of March, 2005.
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
G'V r i
=1 an W. Klim P . E . Directs;
Division of Water Quality
3v authority of the Environmental `Ianaaement Cc,=L'_ssion
Permit Number SW7040623
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DLU
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 15, 2005
Z & R Associates, LLC
Attn: Marvin Raines
312 South Front Street
New Bern, NC 28560
Subject Property:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-06
County: Craven
Hidden Harbor
Canal to the Trent River [03-04-10, 27-101-(39), SB Sw NSW]
illodijkation of ATPROVAL of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization
Certificate
Dear Mr. Raines:
You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to
impact approximately 3,776 ft2 of Zone 1 and 9,115 ft2 of Zone`2 of the protected riparian buffers for the
purpose of constructing the proposed subdivision road at the subject property as described within your
application dated May 18, 2005. This authorization replaces the previous approval issued on April 23,
2004 and November 8, 2004. 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 regulations and DWQ Standards (15A NCAC 02B .0100 and
.0200).
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 authorization and approval letter and is thereby responsible
for complying with all conditions. This approval requires you to rollow the conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
-7 :amount Approved Plan Location or Reference
(Units)
Buffers 1 17,891 (square ft.) ',,fa s dated April 1. 2005
2. Buffer Mitigation
401 'Netlands Certification Unit
:650 flail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Sculevard, Suite 250, Raleigh, Ncrh Carolina 27604
Phone: [phone]/ FAX 919-733-P,8931 Intem°t: htto://h2o. enr.sta te.nc.us/ncNetlands
No (ThCarolina
11
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A & R Associates, LLC i
Pae 2 of 3
7/15/05
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 40,000 square feet as
required under this Authorization' Certificate and 15A NCAC 2B .0242(buf er mitigation ntle).
We understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. In accordance with 15A NCAC 2B .0242(7)(buffer mitigation rile), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B
.0233(10)(bz fferprotection rule). Until the EEP receives and clears your check (made payable
to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you have any
questions concerning payment into the Riparian Buffer Restoration Fund. You have one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 40.000 ft'` of required riparian buffer mitigation for impacts to 17,891 ft) of
protected riparian buffers; 03-04-10 river and subbasin.
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 2B.0233.
4. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.etu-.state.nc.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream 'Duffers and xill not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0233(5).
6. Certificate of Completion
Upon completion of all work approved within this authorization, 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.
7. No Impacts Beyond those in Application
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
A & R Associates, LLC
Page 3 of 3
7/15/05
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.
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 Authorization Certificate shall
expire five (5) years from the date of this letter.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call [phone].
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.
Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if
any impacts are proposed to either of these waters.
AWKldae
Enclosures: EEP Notification
Certificate of Completion
Sincerely,
" Alan W. Klimek, P.E.
cc: Tom Steffens, D`j?Q Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Carol Shaw-EEP (check forwarded)
RobertM. Chiles- PO Box 3496, New Bern, NC 28564-3496
Filename: 040615HiddenHarbor(Craven)NBR
OF W ArF9 Michael F. Easley, Governor
O? ?G William G. Ross Jr., Secretary
LU7 North Carolina Department of Environment and Natural Resources
j
Alan W. Klimek, P.E. Director
O Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2B 0242, Z & R Associates, LLC has permission as outlined below to
impact protected Riparian Buffers for the purpose(s) of constructing the proposed road in Craven County.
All activities associated with these authorized impacts must be conducted with the conditions listed in the
attached certification transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSA"TORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DATE: July 15, 2005
LOCATION: Hidden Harbor
DWQ PROJECT NO: 04-0615
COUNTY Craven
BASIN/ SUB BASIN 03-04-10
As required by 15A NCAC 2B .0233(9), you are required to compensate for the above impacts through
the restoration or enhancement of buffers as outlined below prior to conducting any activities that impact
or de(-,rade the waters of the state.
Impacts:
17,891 Square feet of Riparian Buffers
Mitigation:
40,000 Square feet of Riparian Buffers
One of the options you have available to satisfy the compensatory mitigation recquirement is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please
sign this form and mail it along with a copy of your Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AU T HORIZED UNTIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
ECOSYTENI ENIL.NC`IE'.N-T PROGRAM.
Sianature Date
ECOSYSTEtil ENHANCEMENT PROGRA:vl
152 Mail Service Center
RA-LEIGH, N.C. 27669-1652
[phone]
=01 Wetlands Cartification Una
1650 Mail Service Center, Ratei]h, Noah Carolina 27699.1650
2321 Crabtree Boulevard. Su:te 250, Raleigh, North Carolina 27604
Phone: [phone]! FAX [phone]lntemet: rdto://h2o.enr.state.nc.usmc,.vettands
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An 5cual Cccortun NlAt irnat:. Actlcn B:np cyer - c0'o Recycled/l0". Post Ccnsurner Paler
B TATS OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT
AND NATURAL RESOURCES
Division of Environmental Health
Public Water Supply Section
Michael F. Easley, Governor
William G. Ross Jr., Secretary
Ferry L. Pierce, Director
Jessica G. Miles, Section-Chief
WALTER B HARTNIAN, JR., CITY MG
P O Box 1129
New Bern,NC 28563
A
0 © t:.
August 3, 2005 05
.D
w?
Re: Final Approval
HIDDEN HARBOR SID
DEH Serial " 0401932
PWSID "0425010
CRAVEN County
Dear SirfiMadam:
The Department received an engineer's certification statement and an applicant's certification statement
concerning the above referenced project. The engineer's certification verifies that the construction of the
referenced project has been completed in accordance with the engineering plans and specifications approved under
Department Serial Number 0401932. The applicant's certification verifies that an Operation and Maintenance Plan
and Emergency Management Plan have been completed and are accessible to the operator on duty at all times and
available to the Department upon request and that the system will have a certified operator as required by 15A
NCAC 18C .1300.
The Department has determined that the requirements specified in 15A NCAC 1 SC .0303(a) and (c) have
been met and, therefore, issues this Final Approval in accordance with Rule .0309(x).
Please contact us at [phone] if you have any questions or need additional information.
Sincerely,
r
Tony C. Chen, P.E.
Technical Services Branch
Public Water Supply Section
TCC::DEN
cc: FRED HILL, Regional Supervisor
CRAVEN Countv Health Department
Robert M Chiles, Pe
1634 Bail Scrvice Center, Raleigh, `forth Carolina 27699-1634 ® Telephone: [phone]
Main Fax: [phone] A Lab Forms Fax: [phone] A Internet: http://ncdrinkingwater.state.nC.US/
,:n ..:I -?,.,: f?.;n;Iy, ..FIlfr,,...,, =CL;.'t ,.Cyef • :0 ''? rte';i CI?., 1Q''. ?iS; C„nsat cr --:eI,.
?QF W A P£
?o 7
1tAiR?.r.^
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North G rolina Cepartment of Environment and Natural Resources
Alan W. Klimek, P.E., Director
Division of Water Quality
August 4, 2005
Walter Hartman, City Manager
City of New Bern
PO Box 1 129
New Bern, NC 28563
SUBJECT:
Permit No. WQ0024682
Hidden Harbour Vacuum Sewer
Wastewater Collection System Extension
Final Engineering Certification
Dear Permittee:
The Division received a final engineering certification for the subject project on 7/15/205.
Enclosed is a copy of the certification page for your records. A full review of the certification
materials may or may not be conducted. It is assumed that receipt of this certification indicates
compliance with all regulations, design criteria and the permit. Please be reminded that the
Permittee is responsible for keeping a copy of the final record drawings for the life of the project.
you have not received such copy from your ccnsuitcnt, please contact them immediately to
cbtcin a copy.
Lastly, you are receiving this letter because the Division hcs you listed cs the responsible pcrty. If this
permitted system is no longer owned by you, please complete Form PNOCF-S as this permit is not
automatically transferable. Form PNOCF-S can be downlccded from
hro://h2o.enr.state.rc.us/ndcu/ndcuccos.html=rSewer.
if ycu cve any questions concerning this document or the completion of Form PNCC=-S (if
necesscry), please contact me at the letterhecd address or via E-mcii ct
mcrie.dcklovic,9ncmcil.net.
Sincerely,
K. Marie Doklovic, PE
Environmental Engineer
Enclosure
Cc: 'iVc5hingtcn Regicnncl Office, Surface water Protection Secticn (cll documents)
;s?rt?Ivatules;:EQ;;B6z'3496;°New Bern, uC 28564-3-196 (no enc.csures)
Surfcce water Protection Secticn Centrcl Fies (certinccricn pcce only)
One Pretreatment, Emergency Response and Collection Systems Und Intemet httpJ1h2o.encnc.state.us/ndpu
NorthCarolina 1617 Mad Service Center, Raleigh, NC 27E99-1617 An Equal Cppcnunity Action Employer
./ all?ta +lly Telephone [phone]C83 Fax [phone]% recyGed/10% post-consumer paper

PRECONSTRUCTION NOTIFICATION FORM VERSION MARCH 05
SECTION VII. IMPACT JUSTIFICATION (AVOIDANCE AND MINIMIZATION)
FOR
Z&R ASSOCIATES, LLC.
The proposed impacts to Zone 2 of the Neuse River riparian buffer are associated with wood
slatted decks located along the waterfront face of nine proposed townhouses in the Hidden
Harbor subdivision.
When the project's nine townhouse lots are measured from the front setback line to the normal
water level, the riparian buffer covers 52% of the northernmost lot, 71% of the southernmost lot,
and 44% of each of the seven others. In order to exercise design control in this section of the
subdivision, provide a uniform appearance, and avoid potentially larger impacts to the buffer
through development as individual residential lots, a decision was made to construct
townhouses.
Beginning at the front setback line, the leading edges of the townhouses are located four feet
inside the building envelope to allow room for a paved and landscaped walkway across the
front. Street-side parking is not available in front of the townhouses, and the extra setback also
provides sufficient parking for four vehicles within the driveway of each townhouse without
obstructing the neighboring driveway's view of the street. The townhouse footprints are as large
as the average building envelope would allow. This creates townhouses that approximate the
size of the anticipated individual homes throughout the rest of the subdivision, but more
importantly provides sufficient space to preclude the construction of outbuildings by townhouse
owners; outbuildings that would likely be positioned within the riparian buffer. Sized in the
manner indicated, the rear (waterfront) face of the townhouses are located just landward of the
Neuse River buffer Zone 2.
In order to provide an opportunity for the townhouse owners to enjoy the waterfront views
associated with these homes, decks are proposed for construction on the rear (waterfront) face
of the townhouses. With one exception, the decks contain a surface area of 200 square feet
each. The exception contains a surface area of 352 square feet that includes a small area at
one end for storage of outdoor grills and/or other deck related fixtures. Owing to their proposed
locations, the decks cover approximately 1,763 square feet of Neuse River riparian buffer Zone 2.
The townhouses are constructed on a pier foundation, and the decks are proposed to share the
same elevation as the finished floor of the townhouses. The decks will be elevated approximately
two feet above the surface of the underlying ground.
In order to minimize the impact created by the decks, the surface areas will be restricted to
wood slatted construction.
.1\ ULLV t 1?1.-_ .\).r ,'\J 11.11 1 Vl\l?1 1 U?li L V1 1
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM
IN LIEU FEE REQUEST FORM (revised 3/29/05)
Fill in information, print, sign, and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC 27699-
1652, or fax to 919-715-2219. Attachments are acceptable to clarify information on the form.
1. Name of Applicant or Z & R Associates, LLC
Agent *
2. Name of Business
3. Street Address * 312 So. Front St.
4. City, State, Zip * New Bern, NC 28560
5. Telephone * 252 633 - 0106
6. Fax ? Ir`" l _
1
7. E-mail
8. Project Name * Hidden Harbor Townhouses
9. Project Location * Hidden Harbor Subdivision, New Bern
10. Lat-Long Coordinates Lat 35°05'36" N Long 77°03'49" W
11. River Basin * Neuse
12. Cataloging Unit (8-digit) 03020204 -Trent River
11. Project County* Craven
14. Riparian Wetland
Impact ac *
15. Non-Riparian Wetland
Impact ac *
16. Coastal Marsh Impact
ac *
17. Stream-Cold Impact (ft)
*
18. Stream-Cool Impact (ft)
*
19. Stream-Warm Impact
ft *
20. ** Buffer-Zone 'I Impact
s ft *
21. ** Buffer-Zone 2 Impact 1763
s ft *
22. ** Buffer-Total (Zone 1 +
Zone 2 s ft *
Signs re of Applicant or Agent:
Attachments? [71 Yes
Date.
?-4,a,l /.

Required information; zero answers in 14-22 should be indicated with "0" or "N/A", not left blank.
Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba River Basins
and the Randleman Lake Water Supply Watershed.
Go to EPA "Surf Your Watershed" http://cfpub_egA.ggv/surf/locate/index.cfm for CU determination.
Direct all questions to Carol Shaw at 919-733-5205 or carol.shaw(a)ncmail.net

MEMORANDUM:
FROM: Vir. Marvin Raines
Z&R Associates, LLC
312 South Front Street
New Bern. N.C. 28560
TO: Robert M. Chiles, P.E.
Engineers, Consultants. & Marine Surveyor
P.O. Box 3496
New Bern, N.C. 28564-3496
RE: Assianment of right to act as Authorized Agent for Z&R Associates, LLC,
Hidden Harbor Subdivision, New Bern,'-'N.C. Craven County, N.C.
TO WHOM IT MAY CONCERN:
By my signature below I, Marvin Raines, authorize Robert M. Chiles, P.E. to as the agent
representing Z&R Associates, LLC for the purposes of completing and submitting a Neuse River
Buffer Impact Modification, and supporting documents.
This authorization is effective on the date signed.
Marvin Raines
CRAVEN COL-NTY
NORTH CAROLIN.?,
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11
417-A BROAD ST.
P.O. COX 3496
NEW BERN, NORTH CAROLINA 23564-3496
Certified Mail Receipt No.
O
September 2, 2005 °o
O
7004 2510 0000 3103 6673 ?
Ln
ru
Ms. Cyndi Kcroly
N.C. DENR Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, N. C. 27604
Re: Hidden Harbor Townhouses
Neuse Buffer Impact
Cortifiod Fee Q'-?p 0561
p4
Return Receipt Fee $11,4 Postmark
(Endorsement Roqulred) Here
Rostr.dod Dolivery Fee
10.00
(Endorsement Requireo)
Total Postage & Foes t? r i g 0YI0f/Lppa
O Sant To /
l
b`troct, Art. No.; .... ........................ ......................................
orPOf3oxNo. GZ1..>ZtzQ ',:4 Z, 2
City, s are, ZrP+s
Enclosures: (1) Completed Preconstruction Notification Form Version March 05.
(2) Street map with location of project site indicated.
(3) Portion of USGS Quadrangle New. -Bern, with Hidden Herbcr Townhouses location
indicated.
?J List of 10 permits issued for Hidden Hcrbcr subdivision and copies of the permits.
;5) Narrative description of Impact Justification. -
(6) Drawing, Proposed impacts to Neuse River Buffer Zone 2 ct in,idden Harbor
Townhcmes for Z&R, Associates LLC by Robert M. Chiles, P.E., dated Sep. 1, 2005.
!7; Copy, Authorized.Ageht assignment executed by i\1r.-,?1cr?in Raines of Z&R
Associates, LLC issued to'Robert M. Chiles, PE.
Copy , KEEP In Lieu Fee Request Form.
?0051697
Decr,tits. ,<croi\;
On ce^clf :)f our client Z&R Associates, LLC, we: submit the encfosed information regarding
crcposed !moods to Zone 2 of the Neuse River Buffer Icc-led within.the'Hidden ' crbcr subdivision.
he prcccsed r-, Accts described in the enclosures cre-associated with the construction of
??eeden slatted decks on the ?wcierfront faces of nine townhouses.
J( CL'!d '? l '1G`:'e any -lueslicns or require edditiencl Infcrmaiion, Tease ccricct us ct your
convenience.
Very truly yc(.r,
ROBERT i\A. CHILES. ?.E.
iMichcel L. Rice, F.? p ??rj?a V ?U?
cc: Mr. Mcrvin Rcines, Z & R Associates, LLC
S F P 2 3 2005
WETLANDS AND ST EORON? QUALITY TER 5RM ,j
f if,
`-zrrr?:??r_..r??r??:r,r; ?.?r•?rj ?s;;:?; . ?r. ?F.1 ?.r?.)7 :r
ROBERT M. CHILE;
ENGINEERS,CCNSULTANTS {)?? ?f ?i ? j?? i ? W es, r?•
8
MARINE SURVEYORS M
Postage S __??; v Ct
MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYCRCGRAPHIC AND LAND SURVEYS
COMMERCIAL. .NCUSTRIAL. b1ARINE AND RAILROAD FAC;LITIES CESIGN
FCRENSIC ENGINEERING AND FAILURE ANALYSIS BOUNOARY SURVEYS AND MAPPING SERVICE
4 e
Office Use Only: Form Version March 05
v U 1 6 9 7
USACE Action fD No. D`VQ No.
(If any particular item is not applicaole to tnis project, picase enter ivoi Appncaoie Ur iw% .)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ® Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification ? Express 401 Water Quality Certification
Nationwide, Regional or General Pen-nit Number(s) Requested:
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details)
D u v
H. Applicant Information ?Fp 2 3 2005
1. Ovmer/Applicant Information DENR-WATER QUALITY
Name: Z & R Associates. LLC wmmDS AND STOPJMkTER BRANCH
Mailing Address: 312 South Front Street
New Bern. NC 28560
Telephone Number: 252-633-0106 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Robert M. Chiles. P.E.
Company Affiliation: Robert M. Chiles. P.E.
iVlailing Address: P.O. Box 3496
New Bern N.C. 28564-3496
Telephone Number: 252-637-4702 Fax Number: 252-637-3100
E-mail Address: office a.robertmchilespe.com
pave 5 nr 1

111. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hidden Harbor Townhouses
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 8-204-014
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number): Hidden Harbor
Directions to site (include road numbers, landmarks, etc.): Exit US Hwv 17/70 Bypass at
Pembroke Rd. turn south (towards Trent Woods). Project site is on left approx. '/ mile from
bypass adjacent to Cowell's Cleaners and Professional Auto.
Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35° 05' 36" N 77° 03' 49" W
6. Property size (acres): Townhouse lots - 1.73 acres : Entire Subdivision - 22.7 +/- acres
7. Nearest body of water (stream/river/sound/ocean/lake): Trent River
8. River Basin: Neuse River Basin
(Note -- this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at httn://h2o.enr.state.nc.us/adminimaps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing; conditions vary throughout site as would be typical
of a nearlv completed new residential subdivision. The site previously contained portions of
wooded upland wetlands prior commercial and prior residential. General land use in
vicinity include residential and commercial.
Paor- 6 nF 19
10. Describe the overall project in detail, including the type of equipment to be used: The work
associated with this permit request is the construction of nine townhouses within a new
subdivision. The rear face of the townhouses are aligned with the landward limit of the
Neuse River buffer. Wooden slatted decks proposed for construction along the rear face of
the homes are located within Zone 2 of the buffer.
11. Explain the purpose of the proposed work: To construct wooden slatted decks along the
rear face of the townhouses.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. See attached list and copies of permits previously issued for the
subdivision containing the townhouses.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None proposed The only foreseeable activity within the subdivision is the construction of
individual residences.
VI. Proposed Impacts to Waters of the United States/Waters of the State
it is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
PPOP 7 or 17

1. Provide a written description of the proposed impacts: Pervious coverage of a portion of
Neuse River Buffer Zone 2 in the form of wooden slatted decks attached to the back wall of
townhouses.
2. Individually list wetland impacts. NONE
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
es/no Distance to
Nearest
Stream
linear feet Area of
Impact
(acres)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: None within the
project area for the townhouses. 2.12 acres Within the subdivision.
4. Individually list all intermittent and perennial stream impacts. NONE
Stream Impact
Number
indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet Area of
Impact
(acres)

L
I

I I I
Total Stream Impact (by length and acreage)
5. Individually list all open water impacts NONE
Open Water Tmpact
Site Number
indicate on ma Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
acres

Total Open Water Impact (acres)
paoP R of 1
6. List the cumulative impact to all Waters of the U.S. resulting from the project: NONE
Stream Impact acres :
Wetland Impact (acres):
Open Water Impact (acres):
Total Impact to Waters of the U.S. (acres)
Total Stream Impact linear feet):
7. Isolated Waters
Do any isolated waters exist on the property? ? Yes ® No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond:
Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attached impact justification narrative.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
PROP Q of 1
IX.
X.
Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ? No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ? No ?
Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), I5A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes No ?
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Impact Zone* (square feet) 1 Multiplier Required
it at on
1 3 (2 for Catawba)
j 2 1 1763 1 1.5 1 2644.5 j
Total 1763 I L 2644.5
Zone I extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional
20 feet from the cadge of Zone 1.
?. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260. If accepted. pavment to EEP
paaP 11 of t?
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.ne.Lls/ncwetiands/stnnaide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
If accepted by the NCEEP mitigation will be in the form of in-lieu payment to the EEP.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at hrtp://h2o.enr.state.nc.us/=/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet): 1763
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Paoa 10 of 1)
XI. Storinwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
storn water controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.
See attached copy of Stormwater permit
XH. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Vacuum collection sewer system - City of New Bern copy of permit attached.
VIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application? Yes ? No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ? No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
htty://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
All potential development in subdivision accounted for by permitted stormwater management
plan.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Name: NEW BERN Location: 035° 05'36.9" N 077° 03'48.2" W
Date: 9/1/2005 Caption: HIDDEN HARBOR TOWNHOUSES
Scale: 1 inch equals 2000 feet
Copynght (C) 1997, Maptech, Inc

PRECONSTRUCTION NOTIFICATION FORM VERSION MARCH 05
SECTION IV. PRIOR PROJECT HISTORY
FOR
Z&R ASSOCIATES, I.I.C.
List of permits issued for the Hidden Harbor Subdivision containing the project site.
NCDENR, DLR, LQS Letter of Approval, Erosion & Sediment Control Plan No. Crave-2004-028, issued
July 6, 2004.
City of New Bern Letter of Approval, Stormwater Management Plan No. 23, issued August 31, 2004.
US Army Corps of Engineers Action ID 200510077 Nationwide Permit No. 14, issued January 3, 2005.
NCDENR, DWQ Waiver of 401 Water Quality Certification, issued January 18, 2005.
NCDOT, DOH Street & Driveway Access Permit Craven County D-2205007, issued January 19, 2005.
NCDENR, DCM Coastal Resources Commission Permit No. 31-05, issued March 5, 2005.
NCDENR, DWQ High Density Stormwater Permit SW7040623, issued March 15, 2005.
NCDENR, DWQ Project #04-06 (also #04-0615), Modification of Approval of Neuse River Buffer Rule
Authorization Certificate, issued July 15, 2005.
NCDENR, DEH, Public Water Supply Section Final Approval, DEH Serial # 0401932, PWSID It
0425010, issued August 3, 2005.
NCDENR, DWQ Permit No. WQ0024682, Hidden Harbor Vacuum Sewer, Final Certification, issued
August 4, 2005.

State of North Carolina
Department of Environment and NattiraI Resources
Was,iington Regional Omte
Mchael F. Easley, Govemor DIVISION OF LAND RESOURCES Wiillarn G. Ross, Jr., Secre-ry
LAND QUALITY SECTION
Juh• 6. 2004
LETTER OF APPROVALNVITH MODIFICATIONS
Z & R Associates, LLC
ATTN: Mr. Marvin Raines, Partner
312 South Front Streit
New Bern, North Carolina 28560
RE: Erosion and Sedimentation Control Plan No.: Crave-2004-028
Hidden Harbor
SR 1204 - Craven County
Drainage Basin: Neuse
Date Received: June 7. 2004
Responsible Party: Z & R Associates. LLC
Dear Sir:
This office has completed its re-,i.-vv of the erosion and sedimentation control plan for the referenc°d
21.8 acre disturbance. Based on the information proyidcd, ?z e have determined the submitted plan for the
construction of roads and residential lots and drainage, if properly impiemeated and responsibly maintained,
should meet the intent and minimum requirements of the Act. W-.. therefore, issue this LETTER OF
_kPPROVAL WITH MODTFTCATIONS-
1. A permanent ground cover. sufficient to rest-, in °rosion, must be oro%-id°d «ithin the shortar of
15 working or 90 calendar days after completion of construction or development.
Land disturbing is not to occur on residential lots, except for demolition- until the lots are -,.ad'
to be buult upon.
In 1973, the Sedimentation Pollution Control Act (cops- available upon request) was enacted.
It established a performance orienu?d program with the objective of PRE?,-=-,4T2G sediment a age to adjoining
prooerties and/or natural resourcc°s resulting from land disturbing activities through the use of r°a sonable and
appropriate Best Land Management Practic. s, based on the approved plan and chang:ittg site conditions, during
the course of the project. AS THE DECLARED RESPONSIBLE PARTY YOUR RESPONSIBELITY 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 sedimenration control plan is oniv valid for 3 years
following the date of initial approval, ifno land-disturbing actmn, has been
undertaken:
'v^las: ir, on 5q?zre Mall, _AX `'<-37: Zi'4_
An Equal czz^ ':.'r1y _. ?r._+e• ??`.er'°= ?;d"?.a? 'S ?.?..,`...°""',-
Z & R Associates, LLC
ATTN: Marvin Raines
July 6, 2004
Page 2
-- a copy ofthe LATESTAPPROVED soil erosion and control plan must be on
file at the job site;
-- erosion and sediment control measures or devices were' designed and arc to
be installed to safely -Aithstand the runoff resulting irom a 10 year storm
event - 6.5 - 7 inches in 24 hours or 2.5 -3 inches in 1 hour,
-- a buffer zone, sufficient to restrain visible sedimentation, must be provided
and maintained between the land-disturbing ac i.? and any adjacent
property or watercourse;
-- new or affected slopes must be at an angle that can be retained oi• vegeram e
cover:
-- barren slopes must he provided with a around cover sufficient to restrain
erosion within the shover of 13 working or 30 calendar dm,s ofcorfm;; On
of ant, phase (rough or final) o( -radin?.. (RYE GP,4SS IS NOT in' the
approved seeding spec;.f cations nor is it an _4 CCEPT4-BLE suosritute for
r1?e providing of a ground cover): sDec
- 11171CSS a remporan, manufaci d. lining material has been . 117ea. n
clean stra-w mulch must . c applied, at the minimum rate of? tors acre. to
seeded areas. The mulch must cover at :east -? i/ of the seeded area alter it
is either tacked, with an ccceprabie iach-ing matenai. or cnmDed in place.
- in order to meet the intent of the.4ct. the scheduling ofthe land-disturbing
acn•?Iries is to be such Char both the area of e posure and the nme between
the land disturbance and the providing of a ;round is minimized:
a permanent ground cover, su/frcient to restrain erosion,. must be nrovid d
',Othin the shorter o1 I ; or 90 caieracr au..'s a er corrDienor n'
constriction or development: and-
- CXCL'pt in the case of an emergen,-V. a re'?ISCu OrOS,'O?: wnj se,: mentaro!,
control plan mast Oe S.tOmttted t0 and apprOvCa rntS Ot iCe DrOr t0
ininanng any sib 7 ij7canr changes in the construction. ?rading or dramaze
plans
- this aDproval is based. in part. on the accuracy of the information provided
in the Financial Res Donsioilin)lOiti-nership )ohm suomirted x•ith the project
plans. You are required to f le an amended form if there is any change in
the information included on the form. This apDrovai and the linancial
responsiblltn'ihadrltN cited in it does not automancailr transfer with a
change in project ownershiD.
Be advised that to ensure compliance 'ItZth the approved plan and the program requiremmts. unannounc.d
periodic inspections NFU be made. If the 'Viemented plan is determined to be inadequate, this office may
Z & R Associates, LLC
ATTN: Marvin Raines
July 6, 2004
Page 3
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 (Z & R Associares. LLQ. One option is the assessing of a civil penalty of up to 55000 for the
initial violation plus up to 53000 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 Gary Novak (252-946-6-181, ea-t.326 ) of the construction start-up date, contractor
and an on-site contact person OR, please, complete and return the attached Project Information sh=t to the above
named
The land-disturbing activity descri'Ded 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 jurricdiction, the
Division of Water Quality - Surface Water Section under stormwater regulations (contact Bill Moore, 252-946-
6-181. e%-t. 264), 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 temporary rule to protect and maintain etiisting buffers along w•at„--courses in the
Neuse River Basin beeame etiective on July 22. 1997. The Neuse River Riparian Ar?? Protection and
Maintenance Rule (15A NCAC 23.0233) applies to all perennial and intermittent streams. lakes, ponds and
estuaries in the Neuse River basin with for: st vegetation on the adjacent land or "riparian area". inripanan areas
with existing forest vegetation in the firs 30 feet directly adjacent to the stream, the rule prohibits land
disturbance, new development and fertilizer use within the firs 50 feet of land next to the water. In riparian areas
with forest vegetation that is less than 30 feet wide. tine rule prohibits land disturbance. new development and
fertilizer ._-e within the area that contains forest ve!2et ation (buz not the cntirz 50 foot riparian area). For more
information about the riparian area rule, Please contact the Dig :lion of «Kater Quality's Wetland/401 unit at 919-
733-1736.
Please be advised that all land disturbing activities affwting at least one acre will be required to have a
(federal) N`PDES pernit. Enclosed is the Construction Act1NZties Gene ?1 Pe:In t - NCG010000 that for his
project The responsibihn., for understan ii a2 and compiying with this pe=t rests with ?-ou_ 3e aware that
failure to compiy with this permit could r,s-Jt in both the State and Federal Qovernments taking appropriate legal
action. Contact the Dvtsion of Water Quah - Surface eater Section a-" 2.2) 9-6-6481 shouiu you L";a -. any
cuesnons r'2ardtn2 momtortng aric record ti D1I1? re uireme-n:s of the pe :,t.
Sincerely.
Nia-ia A. Roserson_ EH
aLssistant Remonal Engineer
NtAa
Enclosure
;yio enc. Cc: Michael L. Rice. PE. Robe- M. C'niies. PE Engineers and Consultants
Ted Tyndall, Division of Coastal _'?,fanagem=
via email Jim Mulligan. Division of ? ater Qua hV'l