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HomeMy WebLinkAbout20050323 Ver 1_Complete File_20050204d??=T, 4 ?XP 0 °03?_3 sa ,? North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Charles S. Jones, Director William G. Ross, Jr., Secretary 3 February 2005 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM TO: ?? v I Division of Water Quality FEB 0 4 2005 FROM: C?Y?\ DEN R-WATERQU Express Permits Coordinator ?DST0%;M T RBMVCN SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Z & R Associates, LLC Hidden Harbor Subdivision Project Location: Off SR 1200 (Country Club Road), on a manmade canal and basin off the Trent River in the City of New Bern in Craven County, North Carolina Proposed Project: Applicant proposes to construct 9 town homes, 23 additional residential building lots, an access road and parking areas, and construct 2 docks on the common lot. Please indicate below your agency's position or viewpoint on the proposed project and return this form by 24 February 2005. If you have any questions regarding the proposed project, please contact David W. Moye at 252-948-3852. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED?,, " DATE ? 7_11G_ 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 1 FAX: 252-948-0478 1 Internet: www.nccoastalmanagement.neU An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper Hidden Harbor Z & R Associates, LLC Craven County Express Permit Review Program Project setting George Childes, on behalf of Z & R Associates, LLC, has requested the attached application be processed under the Express Permit Review Program, for a condominium and subdivision development under the name of Hidden Harbor. The project site is located in the City of New Bern, off SR 1200 on a manmade canal and basin system off the Trent River in Craven County, North Carolina. The applicant's parcel of land comprises ±22.7 acres and is bisected by the aforementioned canal and basins. Two basins form the terminal end of the canal and are separated by a narrow peninsula of highground±80' wide by±250' long. The canal and basins are in the form of the letter `F' with the larger basin being ±165' wide by ±600' long and the shorter basin being ±130' wide by ±250' long. The access canal is ±100' wide and extends ±3,000' to the Trent River. The average water depth is ±6' below the normal water level. The project site around the basin and canal system is vegetated with large open areas of upland grasses as well as areas of pines, hardwoods and some vines and herbaceous shrubs. The entrance to the proposed subdivision off of SR 1200 is a wooded wetland delineated as a Section 404 wetland by Scott Jones of the U. S. Army Corps of Engineers (USCOE). Scott Jones of the USCOE has also delineated the east end of the project site that is north of the access canal to the Trent River as Section 404 Wetlands. The adjacent property on both sides of the access canal is wooded wetland that transitions into Coastal Wetlands dominated by Spartina cynosuroides as you approach the Trent River. There is no existing shoreline stabilization on the cut banks of the basin and canals and these areas are currently vegetated with upland grasses, some shrubs, and trees. The applicant is currently working on the access road in areas outside of Coastal Management jurisdiction. The site is ±7' above the normal water level. The Neuse River in this area is classified as SB- Sw-NSW by the Environmental Management Commission and is closed to shellfishing. Project description The applicant proposes to develop the ±22.7 acre tract into a 32-lot subdivision with an average lot size of 0.43 acres. The 32 proposed lots are comprised of 9 town homes along the basin waterfront and 23 additional residential buildings lots (13 waterfront and 10 non-waterfront). Approximately 5.11 acres will be set aside as property owner's association (POA) property. This POA property includes the ±0.75 acre that forms the peninsula between the existing basins. The applicant proposes to construct a 6' by 150' dock on each side of the peninsula to create 10 slips ±30' long (side to mooring) that have been designated for the use of the 10 non-waterfront lots. The slip size is based on an average boat size of ±25'. Hidden Harbor Z & R Associates, LLC Craven County Express Permit Review Program Page Two On the west side of the larger basin, the applicant proposes to construct the 9 town homes with no construction closer than 50' to the normal water level with the exception of 9 - 10' by 10' uncovered wooden decks with steps for access. Construction of the town home building pads will require earthen fill to be place within Zone 2 of the Neuse River Buffer Basin Area. The proposed access road will encroach within the 75' Estuarine Shoreline in two locations around the basins. At these two locations, the road is proposed within Zone 2 of the Neuse River Buffer Basin Area. A variance has been obtained from the Division of Water Quality for this work. The total amount of impervious surface within the 75' Estuarine Shoreline has been calculated at ±32,000 ft2 or ±13% (includes the town homes and roads). No shoreline stabilization is proposed for this project. The existing water depth of ±6' eliminates the need for dredging. No grading or filling work is proposed within 75' of the normal water level with the exception of the condominiums and the two road areas described above. Anticipated impacts The construction of the docks will result in the shading of ±1,800 ft2 of canal bottom and mooring space for 10 boats (±25' in average length). The project as proposed will result in the disturbance of ±213,444 ft2 of uplands as a result of the development activities. David W. Moye - 3 February 2005 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program 1. APPLICANT'S NAME: Hidden Harbor for Z & R Associates, LLC 2. LOCATION OF PROJECT SITE: Off SR 1200 (Country Club Road), on a manmade canal and basin off the Trent River within the City of New Bern in Craven County, North Carolina Photo Index - 2000: 72-840; 0-23,24 1995: 72-803; U-22 State Plane Coordinates - X: 2,579,400 Y: 494,400 GPS Rover File # M012716B New Bern Quad. (upper left corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/12/05 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 3 February 2005 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Craven County Land Classification From LUP - Developed (land), Conservation (water, wetlands) (B) AEC(s) Involved: EW,PTA,ES (C) Water Dependent: NO (D) Intended Use: Commercial - Constructed to enhance the sale of the property (E) Wastewater Treatment: Existing - None Planned - Municipal Sewage with the City of New Bern (F) Type of Structures: Existing - None Planned - 9 town homes, an access road and parking areas, and 2 docks (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] nRFnCTF.n FILLED OTHER (A) Vegetated Wetlands t 1, 800 ftZ (B) Non-Vegetated Wetlands shaded (C) Other ±213,444 ftz Highground town homes, road (D) Total Area Disturbed: t4.9 acre (±213,444 sq. ft.) (E) Primary Nursery Area: NO (F) Water Classification: SB-Sw-NSW Open: NO 8. PROJECT SUMMARY: The applicant proposes to construct 9 town homes, 23 additional residential building lots, an access road and parking areas, and construct 2 docks on the common lot. "7y n -?] CAMA Major Permit Application FOR HIDDEN HAA-0OR A WATERFRONT RESIDENTIAL SUBDIVISION DEVELOPED BY Z & R ASSOCIATES, LLC 312 SOUTH FRONT STREET NEW BERN, N.C. 28560 PREPARED M% ROBERT M. CHILES, P.E. Engineers & Consultants 417-A Broad Street P.O. Box 3496 New Bern, N.C. 28564-3496 officegrobertmchilespe.com February 2, 2005 Job No. 2003190 JDS@9?V1A I FEB042V ?, O,STOFIX?'?ATERB DOR \0\1„ii. irriii INDEX 1. Application Form DCM MP-1 Application Form Form DCM MP-3 Upland Development Form DCM MP-4 Structures Information City of New Bern Zoning Compliance Sheet 1-2 CAMA Major Development for Hidden Harbor II. Project Narrative III. Authorized Agency IV. Vicinity Map & Directions V. Copy of Deeds VI. Project Permits VII. List of Adjacent Riparian Property Owners & Notifications VIII. Application Fee - Express Permit ' Form DCM-MP-1 n C (To be completed by all applicants) ' 1. APPLICANT P r k r a. Landowner: Name Z&R Associates. LLC Address 312 South Front St. City New Bern State N C Zip 2A560 Day Phone 252-633-0106 Fax b. Authorized Agent: Name Robert M. Chiles. P.E. Address P.O. Box 3496 City New Bern State NC Zip 28564 Day Phone 252-637-4702 Fax 252-637-3100 c. Project name (if any) Hidden H a r b o r NOTE: Permit will be issued in name of L=&do*Twr(i), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Craven Re?isM U3I95 ATIF'Lff CATHON b. City, town, community or landmark City of New Bern c. ' Street address or secondary road number Country Club Rd' Nr.RR 17nn d. Is proposed work within city limits or planning jurisdiction? X Yes No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Trent River 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. See attached narative. b. Is the proposed activity maintenance of an existing project, new work, or both? New work. c. Will the project be for public, private or commercial use? Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach zdditional pages. See attached narative . Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS e a. Size of entire tract 22.7 +/- acres b. Size of individual lot(s) 0 .4 3 + / - a v g . c. Approximate elevation of tract above MHW or NWL 71 m. Describe existing wastewater treatment facilities. Municipal n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Surface runoff d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source. ' TaB - Tarboro sand Municipal e. Vegetation on tract M a. i e t r .. s, ' and field grasses f. Man-made features now on tract Canal & Basin 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land In addition to the completed application form, the classification of the site? (couylt the local land ute plan.) following items must be submitted: Conservation Transitional o A co of the deed (with state application only) or copy X Developed Community Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then R 6 R e s i d e n tia l forward a copy of the deed or other instrument under ' _ - which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X Yes No ' ' (Attach zoning compliance certificate, if appli=ble) including plan view ° An accurate, dated work plat ( and cross-sectional drawings) drawn to scale in black J. Has a professional archaeological assessment been ink on an 8 IR" by 11" white paper. (Refer to ' done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) ' k. Is the project located in a National Registered Please note that original drawings are preferred and Historic District or does it involve a National only high quality copies will be accepted. Blue-line Register listed or eligible property? prints or other larger plats are acceptable only if an ' Yes X No adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetlands on the site? X Yes No Engineers regarding that agency's use of larger Coastal (marsh) Other X drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? Y e s requirements and it must be sufficiently detailed to (Attach domwntation, if amilable) guide agency personnel unfamiliar with the area to the 1 Reyhed 03/95 Form DCh1-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. A Stormwater Certification, if one is necessary. C A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name City of NPR, Bern Address P.O. Box 1129 Phone New Bern, NC 28563 Name nl dP Tnwn Subdi yi gi on Part _ Address P. 0. Box 907 Phone New Bern- NC 28563 Name Address Phone A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. See attached VT. Project Permits 13 A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. A signed AEC hazard notice for projects in oceanfront and inlet areas. A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the i 9 day of 295 Print Nam! arvin Raines T Signaturid(AILL ?_t Ll- o cr or Authorized' dent Please indicate attachments pertaining to your proposed project. DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts - DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03/95 Form DCM-MP-3 C UPLAND DEVELOPh4ENT (Construction and/or land disturbing activities) ' Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this ' proposed project. a. Type and number of buildings, facilities, units or ' structures proposed 9 T o w n h o u s e s & 23 single family homes b. Number of lots or parcels 32 C. Density (give the number of residential units and the units per acre) _ ?.9. I 1 n i to 1.4 units per acre ' d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 4 . 9+/- ac . If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? - X Yes No If yes, date submitted Crave-200a-0?8 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted _ N n v I g . ? n nl_ i. Describe proposed method of sewage disposal. Municipal - City of New Bern j. Have the facilities described in Item i. above received state or local approval? Submitted (Aaach appropriate doeumentsion) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, %wash down' and residential discharges). Surface runofif 1. Describe proposed drinking water supply source (e.g. well, cammunity, public system, etc.) Municipal - Cityof New Bern in. Will water be impounded? If yes, how many acres? - f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. n. If the project is a oceanfront development, when Asphalt and concrete curh & getter was the lot(s) platted and recorded? N/A Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 13% Revised 03195 ciates LLC p t or Project Name I j ,A L S'+gnatan Bate Yes X No Form DCNI-MP4 ?7PIl?Q.T(1 IES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. e. Mooring buoys N / A (1) _ Commercial -Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) a. Dock(s) and/or Pier(s) (1) _ Commercial -Community X Private (2) Number 2_ _ (3) Length 150' e a c h (4) Width R' (5) Finger Piers Yes No N/A (i) Number (ii) Length (iii) Width (6) Platform(s) Yes No N/A (i) Number (ii) Length (iii) Width (7) Number of slips proposed 10 (8) Proximity of structure to adjacent riparian property lines 3000' + (9) Width of water body .14 0 ' a v a . (10) Water depth at waterward end of pier at MLW or NWL S' a v g . b. Boathouse (including covered lifts) N / A (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) N / A (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) N/A (1) Length (2) Average distance from MHW, NWL or wetlands (3) Maximum distance beyond MH.W, NWL or wetlands (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) N / A (1) _ Commercial -Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) N/A 7&R Associates LLC'1 A? Ticant or Project Nam r l ?. ^ // 0 '--SIgnatlurt? Date Revised 03195 (MIT .af N6i Bern ALDERMAN TOM BAYLISS, III IJULIUS C. PARHAM, JR. i MAYOR ROBERT G. RAYNOR, JR. MACK L. 'MAX' FREEZE WALTER B. HARTMAN, JR. JOSEPH E. MATTINGLY, JR. CITY MANAGER 1 BARBARA LEE WILLIAM H. BALLENGER VICKIE H. ON CITY CLERK CL f2ree Clenturirs of Narf l C1larolina rrifirge MARY B. MURAGLIA 1 FOUNDED 1710 CITY TREASURER Phone: 252-636-4000 P.O. Box 1129 1'cfu 1?3cn1,1(? 2$St`i3-1128 1 1 CERTIFICATE OF ZONING COMPLIANCE 1 Robert Chiles Engineering 1 New Bern, N.C. 28562 1 Re: Hidden Harbor New Bern, N.C. 28562 1 This is to certify that the above noted property known as Hidden Harbor is zoned R - 6 1 Residential District and residential homes are a permitted use in accordance with Section 15-146 of the Land Use Ordinance. 1- 1 Zoning Classification: R - 6 Residential District Existing Building: NO 1 1 Vacant Land: YES Non-Conformity: N/A Date Zoning e nt Offirer 1 1 1 ,ifriWng for xrellenre II. Project Narrative Hidden Harbor Subdivision is located off of Country Club Rd, (SR 1200) within the City ' of New Bern. The subdivision encompasses 22.7 acres and is situated on a previously dug canal that joins to the Trent River. There will be 32 residential lots comprised of 9 waterfront town homes, 13 waterfront lots and 10 non-water front lots. The 10 non-water front lots will have deeded rights to one of the ten proposed 30' side-to mooring slips, (average boat size +/-25') . These slips will be located on the Property Owners Association peninsula with a 6'x 150' dock on either side of the peninsula. Four grass parking spaces will be provided for dock access, (see ' details on Sheet 2). ' Proposed upland development within the 75' CAMA AEC will be necessary in several locations due to property width. Road construction within the AEC will be required in 2 areas where the Subdivision Property Line and the canal converge. Impervious surfaces in the roadway area will be limited to asphalt paving and concrete curb & gutter. Additional upland development within the AEC is planned for the construction of the 9 town homes. Filling of the lots will be necessary to elevate the building pad above the base flood elevation and slope surface run-off away from the canal and toward the road which will direct the run off through stormwater treatment structures. This will require regrading a portion of Zone 2 of the Neuse River Buffer and encroachment into the CAMA 75'AEC. The vegetation in this area is limited to ' grasses and small cedar tress. No grading or structures are proposed for the town houses within Zone 1 at the rear of the townhouses. A 10' X 10' wooden, uncovered deck will be constructed at the rear of each town house. ' The total square footage of the subdivision within the CAMA 75' AEC is 247,654 square feet. The proposed impervious surface within the CAMA 75' AEC is 32,000 sq. ft. or 13%. This ' includes the roads and proposed 9 town homes. Hidden Harbor - CAMA Major Application III. Authorized Agency MEMORANDUM: FROM: Mr. Marvin Raines ' Z & R Associates, LLC 312 South Front Street New Bern, N.C. 2856 TO: Robert M. Chiles P.E. Engineers, Consultants, & Marine Surveyor ' P.O. Box 3496 New Bern, N.C. 28564-3496 RE: Assignment of Right to Act as Authorized Agent for Z&R Associates, LLC, 312 South Front Street, 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 the North Carolina Department of Environment and Natural Resources, Division of Coastal Management Application for Permit to Develop in North Carolina's Coastal Area, and supporting documents. This authorization is effective on the da e signed. } 1 /4 O'd ' Marvin Raines ' CRAVEN COUNTY NORTH CAROLINA I, 4roz6E 6 GNi?cs 11 Notary Public for the aforesaid County and State do hereby certify that Marvin Raines personally appeared before this 19 Day of January, 2005 and that he acknowledge the execution of the foregoing instrument. ,'F Ax - C Witness my hand and seal this Day of January, 2005 G TA,,y NOTARY PUBLIC = 'OUBLIG :v ' My commission expires: -1 o7 ' Hidden Harbor - CAMA Major Application II IV. Vicinity Map & Directions Exit US Highway 17/70 Bypass at Pembroke Rd., Turn south onto Country Club Rd., SR 1200(towards Trent Woods). Project is located on left approximately ''/z mile from bypass; entrance is adjacent to Cowell's Cleaners and Professional Auto Service. 'EU$ 8F BAY NEW ST LYD ' Schools , O Oeadetic Monuments + M1 - rr ` ?rI 1. ; ? m i r(11' ' = r w l 1 LUCERNE WAY S_ BROAD Road Centerlines ? +L 1 I. 1 f TRYON ROAD r .4aJ H n 'i1 C? III 17 A -rTRt? p?YD= ?POLII.OCCICST",.," moo) ?? Phooks yy Railroad VII -N:.r11` ?w E}?'AY - i::'Y ?,?I •?ill RC-9STj as 4 1 ?---- S 1111--1G?* - Parcels ZA li 111 111 '.1 ? ?? I.1? ? i l C? Ad S BELLJMY CR_ (IPA ? T CE m P ? pEN 0 water m i n 1 ? HWIy W r= - _ Oho _ nl 55 m-r-w, =NLEY-AYE ^? V ?? A 1-- 1 :. I ` NEW BERNAVE 1 0 AYCOCIC t 1 x MOORS AY =?iaa rfaRO avE - 1 1 Tr -.?.? ?5 -•=rte-yl.i??? ? - 1 ~ - D-4 Lei ,NEW ` OItE DR _ _ e ` Il e Q? - - KFLSO a?D Hidden Harbor CRAVEN COUNTY NORTH CAROLINA I' Hidden Harbor - CAMA Major Application C C C Fj cz; •_o _r a m IT f 0 O .s NORTH CAROLINA CRAVEN COUNTY Parcel ID No. 8-204-021 ALL Craven NC - Docuaent Rasp Becky Thospson, Re3ister of Deeds Date 05/06/2404 Tiae 09:14:50 1 of 8 Pas No: 2004-00098695 Cook 2181 P33e 8 Fee c;at 35.00 Exci5e 4: 820.00 WARRANTY DEED THIS DEED, made this /YI day of 4fuh, 2004, by and between LONNIE E. PRIDGEN (owner of an undivided one-fourth (1/4) interest in the real property hereinafter described) and wife, SHIRLEY PRIDGEN; PEK ENTERPRISES, LLC (owner of an undivided one-fourth (1/4) interest in the real property hereinafter described), a North Carolina limited liability company with an office and principal place of business in Craven County, North Carolina; ROBERT LANE CLEMENT (also known as ROBERT L. CLEMENT) and wife, EUGENA H. CLEMENT; JOSEPH MASON CLEMENT (also known as JOSEPH M. CLEVIENT) and wife, REBECCA CLEMENT; and DONALD HAYES CLEMENT, JR. (also known as D. HAYES CLEMENT) and wife, CARLOTTA CLEMENT (ROBERT LANE CLEMENT, JOSEPH MASON CLEMENT and DONALD HAYES CLEMENT, JR. collectively being the owners of a one-half (1/2) undivided interest in the real property hereinafter described); LONNIE E. PRIDGEN, PEK ENTERPRISES, LLC, ROBERT LANE CLEMENT, JOSEPH MASON CLEMENT and DONALD HAYES CLEMENT, JR. hereinafter collectively called Grantors, to Z & R ASSOCIATES, LLC, a North Carolina limited liability company, hereinafter called Grantee, with an office and principal place of business at 312 South Front Street, Craven County, North Carolina 28560, is as follows: WITNESSETH: Prepared By Sumrell, Sugg, Carmichael, Hicks and Hart, P.A. Attorneys at Law 416 Pollock Street New Bern, North Carolina 28560 Date 05/C,6/2004 Tiae 09:14:50 t No: 2004-00098675 Book 2181 Fa3e 9 1 r- WHEREAS, the Grantors in consideration of the sum of TEN DOLLARS ($20.00) and other good and valuable consideration to it paid by the Grantee, the receipt of which is hereby ' acknowledged, have bargained and sold, and by these presents do bargain, sell, and convey unto the Grantee, its successors and assigns, the following described property, to wit: ' FIRST TRACT All that certain tract or parcel of land lying and being situate in Number Eight ' Township, Craven County, North Carolina, and being more particularly described as follows: Being Farm Number One (1), containing 10.75 acres as shown on a plat entitled "Wm. DUNN PROPERTY SUBDIVISION," dated September, ' 1946, by R. C. Holton, and recorded in Map Book 4, at Page 66, in the Office of the Register of Deeds of Craven County, reference to which is hereby specifically made. SECOND TRACT All that certain tract or parcel of land lying and being situate in Number Eight ' Township, Craven County, North Carolina, and being more particularly described as follows: Being Farm Number Three (3) as shown on a plat entitled "Wm. DUNK PROPERTY SUBDIVISION," dated September 1946, by R. C. Holton, ' and recorded in Map Book 4, at Page 66, in the Office of the Register of Deeds of Craven County, reference to which is hereby specifically made, said parcel containing 13.59 acres, more or less. THIRD TRACT ' All that certain tract or parcel of land lying and being situate in Number Eight Township, Craven County, North Carolina, near the City of New Bern, on the south side of Pembroke Road, in the subdivision of "OAK PARK," as plotted and ' recorded in the Office of the Register of Deeds of Craven County in Map Book 2, at Page 141, and shown on said map as Farm Number Two (2), containing 12.04 acres, more or less. Page 2 of 8 0 2 of 8 P35 Date 05/05%2004 Time 09:14!50 3 or 8 F'ss NO; 2404-0 098675 tUthFt1?,-,, ! 4 And in addition to the title to the land above described, in co c adjoining land owners as appurtenant to said land; a right of way over, and upon a parcel of land on the north side of Farm One (1), 30 feet in width along its northern line, extending from the western boundary line of Farms Two (2), and Three (3), to the southern line of Country Club Road, for the purposes of ingress, egress and regress to said Farm Two (2). FOURTH TRACT All that certain tract or parcel of land lying and being situate in Number Eight Township, Craven County, North Carolina, and being more particularly described as follows: Being Lot Number One (1) as shown on a plat entitled "Wm. DUNN PROPERTY SUBDIVISION," dated September, .1946, by R. C. Holton, and recorded in Map Book 4, at Page 66, in the Office of the Register of Deeds of Craven County, reference to which is hereby specifically made. FIFTH TRACT 1 All that certain tract or parcel of land lying and being situate in Number Eight Township, Craven County, North Carolina, and being more particularly described as follows: Being all that certain tract or parcel of land shown as "87.6 acres" on a plat entitled "Wm. DUNN PROPERTY SUBDIVISION," dated September, 1946, by R. C. Holton, and recorded in Map Book 4, at Page 66, in the Office of the Register of Deeds of Craven County, reference to which is hereby specifically ' made. This conveyance is made subject to ad valorem taxes for 2004 which Grantee ' assumes and agrees to pay; utility easement and unviolated restrictive covenants; and the matters set forth on the maps referenced above. As provided in the purchase agreement, Grantee accepts the aforesaid property in its presently- existing physical condition without recourse to Grantors as to the physical condition of the property. ' TO HAVE AND TO HOLD the above described lot or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee, its successors and assigns, in fee simple forever, subject to the herein above mentioned encumbrances, if any. And the Grantors, as to their respective undivided interests as herein above more fully stated, for themselves, their heirs, successors and assigns, covenant to and with said Grantee, its successors and assigns, that they are seized of said premises in fee and have the right to 1 Page 3 of 8 Date 05/06/2004 Time 09:14??0 4 of 2 Pas ' t?: 2004-00098675 Pane 1 Faok 2181 1 convey same in fee simple; that the same are free from encumbrances except the herein above mentioned encumbrances if any; and that they will warrant and defend the title to the same ' Eugena Clement, against the lawful claims of all persons whomsoever. Shirley Pridgen, Rebecca Clement and Carlotta Clement join in this conveyance for the limited purpose of releasing their inchoate marital interest in said premises as spouses of the individual Grantors herein. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals, the day and year first above written. (SEAL) O NIE E. PRIDGEN (SEAL) SHIRLEY RIDGEN PEK ENTERPRISES, LLC, A Limited Liability Company By: • 1 (SEAL) O E E. PRIDGEN, ti'IANAGER (SEAL) OSEP M SON CLEMENT a/Wa JOSEPH M. CLEMENT Page 4 of 8 Date 45/06/2004 iine 09:14:50 5 of 8 Pas NO : 2004-00098675 8nof 2181 Pa-n 12 (SEAL) 4?BECCA CLEMENT' ? X? C.?C 7??? L) DONALD Y S CLEMENT, JR. a/k/a D. A CLEMENT NORTH CAROLINA CRAVEN COUNTY (SEAL) CARLOTTA EMENT (SEAL) ROBERT LANE CLEMENT a/k/a ROBERT L. CLEMENT ^ (SEAL) EUGCA H. CLEMENT 1 'Wt Leh a Notary Public of the aforesaid County and State, do hereby certify that LONNIE E. PRIDGEN and wife, SHIRLEY PRIDGEN, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 177 i day of\\`\??????PtK???tq? Wl"IivESS my hand and notarial seal, this My Commission Expires: 3 as L NOTARY P Page 5 of 8 { 0 -JAR)' n '• P U $ LSO _ //// -'- tv \ llCl0 Date OS/0S/2004 Tine 09:14:`0 6 or 8 Fse No: 2004-00098675 Back ? 1 4 1 Pam E NORTH CAROLINA CRAVEN COUNTY I, a Notary Public of the aforesaid County and State do hereby certify that LONNIE E. PRIDGEN, Manager of PEK ENTERPRISES, LLC, a limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this 41A day of M \`\\?\\\i1t11 K !!1!/j/Z Z112, ??\Q`??•A""•???% NOTARY PUB I My Commission Expires : ?taOTA9y r NORTH !ua .?j .? 0 0 - n t CRAVEN COUNTY CatlN?\??0`?\\ I? a Notary Public of the aforesaid hereby certify that ROBERT LAINE CLEMENT (w1da ROBERT L. EUGENA H. CLEMENT, personally appeared before me this day and execution of the foregoing instrument. MA WITNESS my hand and notarial seal, this 15 day of A@ii My Commission Expires: N TARY PU 3 00 ? County and State, do CLEMENT) and wife, acknowledged the due \ \\?attuururr/ 1`\`\ v A M & Z `V %c9? pEN tS1G4J ////111U1 Page 6of8 Date 45/05/2004 Iii 09:14:50 tlo: 2044-00098675 Book 2181 Pa3e 1.4 NORTH CAROLINA CRAVEN COUNTY 11?J k e, s a Notary Public of the aforesaid County and State, do hereby certify that JOSEPH MASON CLEMENT (a/k/a/ JOSEPH M. CLEMENT) and wife, REBECCA CLEMENT, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this ,51 My Commission Expires: d. .COQ NORTH CAROLINA COUNTY ?I, Docke a Notary Public of the aforesaid County and State, do { .1,. 0? t?p?;,certify that DONALD HAY S CLEMENT, JR. (a/a. D. HAYES CLEMENT) and wife, +?, Mr.••.'"Y, I A CLEMENT, personally appeared before me this day and acknowledged the due n"f the foregoing instrument. ! ( f WI NESS my hand and notarial seal, this 3 day of tom', 2004. 011'"11"I ty` Sramission Expires: Qllf'? as ag o f T?OTARY BLIC 7 or 8 Pas Page 7 of 8 Gate 05/06!2004 Tine 04:1454 8 of 8 Pss tQ,: 2004-00498675 6,Ok 2181 1•33e 1.5 NORTH CAROLINA CRAVEN COUNTY The foregoing certificates of Notaries Public are certified to be correct. This instrument was presented for registration this day and hour and duly recorded in the Office of the Register of Deeds of Craven County, North Carolina, in Book a1?/ , at Page JO This _,&_ day of A.D., 2004, at o'clock A.M. REGISTER(OF DEEDS DEPUTY REGISTER OF DEEDS 811c"pridgm-clcmcnt.dcc Page 8 of 8 Oocuaent Sta>tp CravEn 11C ' Registzr of Dee,is 1 g ky Thoipson, 5!0512004 Tine 04:19tib 1 of 5 F' R Date 0 1?; 20th-00098611 2191 Paw "- 2v.G0 matt tm% Ercise Ta/: 800.00 ' NORTH CAROLINA WARRANTY DEED CRAVEN COUNTY Parcel ID No. ALL of 8-204-014 8-204-015 8-204-016 8-204-017 8-204-018 8-204-019 /IfA THIS DEED, made this ? day of Apr!R-, 2004, by and between PEK ' ENTERPRISES, LLC, a North Carolina limited liability company with an office and principal place of business in Craven County, North Carolina, Grantor, to Z & R ASSOCIATES, LLC, a North Carolina limited liability company, Grantee, with an office and principal place of business at 312 South Front Street, Craven County, North Carolina 28560, is as follows: W ITNESSETH: WHEREAS, the Grantor in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration to it paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell, and convey unto the Grantee, its successors and assigns, the following described property, to wit: All that real property depicted as Lots 3, 4 and 5 on a January 29, 1980 survey entitled "Survey for L. & T. Enterprises" by Darrel D. Daniels, reference being made to said survey for a more accurate and complete description of said property. Said tracts were acquired by Grantor herein by deeds recorded in Book 974, Page 186, Book 974, Page 182, Book 974, Page 177 and Book 1192, Page 68 in the Office of the Register of Deeds of Craven County, North Carolina, reference being made to said deeds for a more accurate description of said tract herein described and conveyed. Also conveyed herein as an appurtenant easement to said tracts is the thirty (30) foot easement extending from Pembroke Road to Lot 4 as said easement is depicted on the aforesaid survey. Prepared By Sumrell, Sugg, Carmichael, Hicks and Hart, P.A. Attorneys at Law 416 Pollock Street New Bern, North Carolina 28560 Date 05/06/2004 Tine 09:19:16 2 of 3 P3s No: 2.014-00098677 Back 2181 Pa3e 18 TO HAVE AND TO HOLD the above described lot or parcel of land and all privileges and appurtenances thereunto belonging to the Grantee, its successors and assigns, in fee simple forever, subject to the herein above mentioned encumbrances, if any. And the Grantor, for itself, its successors and assigns, covenants to and with said Grantee, its successors and assigns, that it is seized of said premises in fee and has the right to convey same in fee simple; that the same are free from encumbrances except the herein above mentioned encumbrances, if any; and that it will warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, Grantor has hereunto set its hand and seal, the day and year first above written. PEK ENTERPRISES, LLC, a limited liability company f (SEAL) By. AGER LONNIE E. PRIDGEN, Page 2 of 3 Date 05!0612004 Tine 09:19:16 3 of 3 Pas 'No; 2004-00098677 Book 21$1 Pa3e 19 NORTH CAROLINA CRAVEN COUNTY I, ?1 `qm/j , a Notary Public of the aforesaid County and State do hereby certify that LONNIE E. PRIDGEN, Manager of PEK ENTERPRISES, LLC, a limited liability company, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this My Commission Expires: -2 ? i ? ?9 ?eo ? NORTH CAROLINA CRAVEN COUNTY -TA Xz f• ti o p • .'Y? rt`ys GeC i` t; Ic ol/NT`Y 1t? \\\\`\ The foregoing certificate of , a Notaries Public, is certified to be correct. This instrument was present d for registration this day and hour and duly recorded in the // , ge Office of the Register of Deeds of Craven County, North Carolina, in Book at P 12 day of A.D., 2004, at gf o'clock A.M. This (, REGISTER ?FDF?EDS DEPUTY REGISTER OF DEEDS g'-rc\P EK-Z&R.dce /n/ da C? NOTARY P LIC Page 3 of 3 VI. Project Permits NCDENR - Erosion & Sedimentation Control Plan No.: Crave-2004-008 Letter of Approval NCDENR Stormwater Control Plan Submitted November 18, 2004 NCDENR Neuse River Buffer Rule Letter of Compliance NCDENR Waiver of 401 Water Quality Certification January 18, 2005 NCDENR Municipal Water System Authorization to Construct - Craven County 0425010 NCDENR Waste Water Collection System Extension Submitted - Application No. WQ0024682 USACOE Wetland Delineation Signoff USACOE Nationwide Permit 14 Action ID No. 200510077 City of New Bern Stormwater Plan for Nitrogen Reduction Approved No. 23 Hidden Harbor - CAMA Major Application State of North Carolina Department of Environment and Natural Resources ' Washington Regional Office ' Mchael F. Easley, Governor DIVISION OF LAND RESOURCES William G. Ross, Jr., Secretary LAND QUALITY SECTION Jul, 6. 2004 LETTER OF APPROVALWITH MODIFICATIONS ' Z & R Associates, LLC ATTN: Mr. Marvin Raines, Partner 312 South Front Street ' New Bern, North Carolina 28660 ' RE: Erosion and Sedimentation Control Plan No.: Crave-2004-028 Hidden Harbor SR 1204 - Craven Count-• Drainage Basin: Neuse Date Received: June 7, 2004 Responsible Party: Z & R Associates, LLC Dear Sir: This office has completed its review of the erosion and sedimentation control plan for the referenced 21.8 acre disturbance. Based on the information provided, we have determined the submitted plan for the construction of roads and residential lots and drainage, if properly implemented and responsibly maintained, should meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF APPROVAL N TTH MODIFICATIONS: 1. A permanent ground cover, sufficient to restrain erosion, must be provided «zthin the shorter of 16 working or 90 calendar days after completion of constriction or development. 2. Land disturbing is not to occur on residential lots, except for demolition, until the lots are ready to be built upon. In 1973, the Sedimentation Pollution Control Act (copy available upon request) was enacted. It established a performance oriented program with the objective of PREV-E-,ITING sediment damage to adjoining properties and/or natural resources resulting from land disturbing activities through the use of reasonable and appropriate Best Land Management Practices, based on the approved plan and changing site conditions, during the course of the project. AS THE DECLARED RESPONSIBLE PARTY YOUR RESPONSIBILITY is to understand the Act and comply with the following minimum requirements of the Act and the above listed modiucations (if any): -- an erosion and sedimentation control plan is only valid for 3 years ' following the date of initial approval, ifno land-disturbing ac m7 . tyhas been undertaken; 1 ' `Washir;.cn'3CLare Mail, \Nashin, cr, N Carilna Z7u:- An a( Cp_^ -niy Z & R Associates, LLC ATTN: Marvin Raines July 6, 2004 Page 2 -- a copy of the LATESTAPPROVF_D soil erosion and control plan must be on file at the job site; -- erosion and sediment control measures or devices were designed and are to ' be installed to safely withstand the runofj'resulting from a 10 year storm event - 6.5 - 7 inches in 24 hours or 2.5 -3 inches in 1 hour, ' -- a buffermne, sufficient to restrain visible sedimentaron. must be provided and maintained between the land-disturbing actn;n• and any adjacent property or watercourse; ' -- new or affected slopes must be at an angle that can be rerained byvegetamv cover; ' -- barren slopes must he provided with a Around cover sufficient to restrain erosion within the shorter of 15 working or 30 calendar days ofcomDletion of ant, phase (rough or final) of -radinq.. (RYE GR4SS IS NOT in the ' approved seeding specifications nor is it an.ACCEPT 4BLEsuostitute >or the providing of a ground cover); -- unless a temporary, manufactured. lining material has been specified. a ' clean straw mulch must be applied. at the minimum rare of 2 tors acre. to all seeded areas. The mulch must cover at least 75% of the seeded area after it is either tacked, with an acceptable tacking material. or crimped in place; -- in order to meet the intent of the Act, the scheduling ofthe land-disturbing activities is to be such that both the area of exposure and the rime between ' the land disturbance and the providing of a ground is minimized; a permanent Around cover. su gcient to restrain erosion. must be nravided within the shorter of 15 working or 90 calendar da_tis after completion, of ' construction or development; and, -- except in the case of an emergency. a revised erosion and sedimentaron 1 control plan must be submitted to and approved br rhis o01 ce prior ro initiating any significant changes in the construction. grading or drainage plans ; ' - this approval is based. in part, on the accuracy ofthe information provided in the Financial ResponsibilirviOx•nership form submitted with the project plans. You are required to file an amended form if there is any change in the information included on the form. This approval and the financial responsibilityiliability cited in it does not automatically transfer with a change in project ownership. Be adN ised that to ensure compliance «ith the approved plan and the program requirements, unannounced periodic inspections will be made.- If the implemented plan is determined to be inadequate, this office may L Z & R Associates, LLC ' ATTN: Marvin Raines July 6, 2004 Page 3 0 r ' NZkR Enclosure 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 progam, could result in the taking of appropriate legal action against the financially responsible party (Z & R Associates, LLC). One option is the assessing of a civil penalty of up to S5000 for the initial violation plus up to $5000 per day for each day the site is out of compliance. In recognizing the desirability of early coordination of sedimentation control, we believe it would be beneficial for you and your contractor to arrange a preconstruction conference to discuss the requirements of the approved erosion and sedimentation control plan. Prior to beginning this project you are required to either contact this office to advise Garv Novak (252-946-6481, ext.326 ) of the construction start-up date. contractor and an on-site contact person OR- please, complete and return the attached Project Information shit to the above named The land-disturbing activity descriDed in this plan may require approval or permitting from other Federal, State or local agencies. These could include the U.S. Armv Corps of Engineers under Article 404 jurisdictionthe Division of Water Quality - Surface Water Section under stormw•ater regulations (contact Bill Moore, 252-9'46- 648 1, 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 temporary rule to protect and maintain eusting buffers along w at.- courses in the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area Protection and Maintenance Rule (15A NCAC 2B.0233) applies to all perennial and intermittent streams. lakes, ponds and estuaries in the Neuse River basin with forest vegetation on the adjacent land or "riparian area". Inriparianareas 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 50 feet of land next to the w-ater•. In ripariaaareas with forest vegetation that is less than 30 feet wide, the rule prohibits land disturbance, new development and fertilizer use within the area that contains forest vegetation (but not the entire 50 foot riparian area). For more information about the riparian area rule, Please contact the Division of Water Quality's Wedand/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 pennit. Enclosed is the Construction Activities General Permit - NCG010000 that for this project. The responsibility for understanding and complying with this permit rests with you. Be aware that failure to comply with this permit could result in both the State and Federal governments taldng appropriate legal action. Contact the Division of Water Qualin- - Surface Water Section at (352) 946-6481 should you have any questions regarding monitoring and record keeping requiremems of the permit. Sincerely. Maria A. Rogerson, EI Assistant Regional Engineer w/o enc. Cc: Michael L. Rice, PE, Robert Ll. Chiles, PE Engineers and Consultants Ted Tyndall, Division of Coastal Management via email Jim Mulligan. Division of Water Quality ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS 8 Ili' MARINE SURVEYORS 417-A BROAD ST. P.O. BOX 3498 NEW BERN, NORTH CAROLINA 28564-3496 ' November 19, 2004 Certified Mail Receipt No. 7004 1 160 0002 2769 1084 ' Mr. William Moore NCDENR, Division of Water Quality 943 Washington Square Mall Washington, N. C. 27889 BUSINESS: 252.637.4702 FAX: 252-637-3100 rmcen9r O cconnect.net Enclosures: (1) 2 Copies, Sheet 2 of 3, Hidden Harbor Stormwater Control Plan (Proposed Conditions) for Z & R Associates, LLC, prepared by Robert M. Chiles, P.E., ' Revised 11/19/04 (2) 2 Copies, Sheet 3-of 3, Hidden Harbor Stormwater Control Plan (Proposed Details) for Z & R Associates, LLC, prepared by Robert M. Chiles, P.E., Revised ' 11/19/04 y, (3) Copy, Modification. to_ 'Max_ imuM Allowable Impervious Areas, prepared by Robert M. Chiles; P.E: s '-': Dear Mr. Moore: On behalf of our client; Z&R-Associetess LLC; we submit the requested additional information regarding the stormwater management pianassociated with the Hidden Harbor subdivision project. _ Enclosure 1 is revised to remove the ponds-8i :, subdivision entrance, change from individual residential home sites to townhome sites in one portion of the subdivision, and to include minor changes to the proposed stormwater pipe network. Notes are added to this drawing that address activities`vti!thin the Neuse River buffer and those governed by CAMA. Per your request, we have added lines to delineate the subdivision's drainage areas as referenced in the stcrmwater plan and to indicate the offsite drainage creas. Revisions to enclosure 2 remove the entrance ponds detail, add existing pond details, sections and rip rap protection details. The ponds at the subdivision entrance are no longer proposed. We cre working with Mr. Scott Jones of the US Army Corps of Engineers regarding impacts to existing wetlands at the entrance location and have proposed expansion and improvement of the existing wetlands instead of creating the ponds. Minor revisions to stcrmwater piping in that crea cre also made, subject to his approval, that will prevent unwanted innundation of the wetland crea while maintain the proposed stcrmwater flow pattern. The portion of the subdivision now containing lots 12-20 is revised to contain townhemes instead of individual residential homes. The lots will be graded to direct runoff from these lot's :mpervicus surfaces toward the street where it wiil enter the stormwater pipe network and be directed to the existing pond for treatment. MECHANICAL, CIVIL. AND MARINE ENGINEERING e CCMMERCIAL INCUSTRIAL MARINE AND RAILRCAO FAC:UTIES CESIGN FCRENSIC ENGINEERING AND FAILURE ANALYSIS MARINE HYCRCGRAPHIC AND LAND SURVEYS BCUNCARY SURVEYS AND MAPPING SERVICE ' You inquired about the velocity of stormwater pipe discharge as it enters the existing pond. Calculations contained in the stormwater plan indicated a total storm volume of 22,404 cubic feet of water for a one inch rainfall event. Planning for a 10-year, one hour duration rainfall event ' requires tripling that quantity to 67,212 cubic feet. Assuming that volume discharges from the 3 foot diameter stormwater pipe during a one hour time period results in an average discharge velocity of 2.64 feet per second. The proposed stormwater pipe outlet invert is set at elevation 2.65 feet, mean sea level (msl), and the permanent pool elevation in the pond is set at elevation 3.0 feet, msl. Class A rip rap outlet protection is proposed for the pipe discharge area in the pond forebay and should provide erosion protection for velocities up to 5.5 or 6 feet per second. The ' stormwater pipe discharge area is partially submerged at all times and this should provide additional protection against erosion. Additional investigation of the existing pond revealed that a submerged berm exists within the pond that separates the forebay from the pond's_mcin body. The existing forebay depth averages approximately 2.5 feet, reduced from the:3 feet originally reported primarily because of 6 to 12 inches of accumulated dead vegetatiye debris in the bottom of the pond. The main body of the pond is at least 4 feet deep starting approximately 10 feet from the bank. We are proposing the removal the existing debris from the forebay and excavation of the forebay to establish a bottom elevation of -1 feet msl or lower.--.This--w- ill,' provide a 4 feet deep permanent pool in the forebay to match the existing main pond depth; We are also proposing the removal of dead vegetation from the existing berm and all dead'vegetation and debris from the main pond. This information is included in the revised drawing provided as enclosure 2. Enclosure 3 is a table thct lists'fhe total area and allowable impervious area for each lot in the proposed subdivision. Summary information includes the proposed area of the subdivision streets and an overall impervious percentage calculation. Should you require additional information or have any questions, please contact us your convenience. Very truly yours, ROBERT M. CHILES, P.E. Michael L. Rice, P.E. cc: Mr. Marvin Raines, Z & R Associates, LLC STORMWATER MANAGEMENT PLAN! FOR A WATERFRONT RESIDENTIAL SUBDIVISION DEVELOPED BY d1 b`b R ASSOCIATES, LLC 312 SOUTH FRONT STREET NEW BERN, N.C. 28:,60 CONTACT PERSON: MR. MARVIN L. RAINES PARTNER, Z & R ASSOCIATES, LLC (252) 633-0106 PREPARED 3Y ROBERT A CHILES, P.E. Engineers & Consvltcnts 417-A Brccd Street P.O. Box 3496 New Bern, N.C. 28564-3496 office@robertmchilesoe.com JULY 29, 2C04 Job No. 2CO3190 r? 0 •• a 11` ??a• ^ , '???<<<rM?WI W''`` TABLE OF CONTENTS ' APPLICATION FORM ' STORMWATER MANAGEMENT PERMIT APPLICATION FORM SWU-101, VERSION 3.99 STORMWATER MANAGEMENT PERMIT APPLICATION FORM ' SWU-102, WET DETENTION BASIN SUPPLEMENT, VERSION 3.99 PART III. ITEM 1. DETAILED NARRATIVE, PAGE 2A OF 4 SUPPLEMENTAL DRAWING: PORTION OF USGS QUADRANGLE NEW BERN MANAGEMENT PLAN NARRATIVE PROJECT DESCRIPTION SITE DESCRIPTION NEUSE RIVER BUFFER ADJACENT PROPERTY SOILS GENERAL MAXIMUM ALLOWABLE IMPERVIOUS AREA STORMWATER BEST MANAGEMENT PRACTICES SYSTEM OVERVIEW PROPOSED PONDS EXISTING POND (WET DETENTION 3ASIN) CALCULATIONS MAINTENANCE CONSTRUCTION PHASE ROUTINE MAINTENANCE NON-ROUTINE MAINTENANCE MAINTENANCE COSTS COMPLIANCE CERTIFICATION RESPONSIBLE PARTY STATEMENT DRAWINGS HIDDEN HARBOR STORMWATER MANAGEMENT PLAN (SEE SHEET NAMES) for Z & R ASSOCIATES, LLC prepcred by ROBERT M. CHILES, P.E. SHEET I OF 3 EXISTING CONDITIONS SHEET 2 OF 3 PROPOSED STORMWATER PLAN SHEETi 3 OF 3 STORMWATER FACILITIES DETAILS =:>.• ., ,?.s r - . c :ri?.y:: _;y,1:: ,•_;.: ;. _ - xi=%' ?a ...OFFICE USE ONLY, F _ , :..c ...- - .._ ^ Date Received Fee Paid Permit Number State of North Carolina ' Department of Environment and Natural Resources Division of Water Quality STORMWATER MANAGEINIENT PERMIT APPLICATION FORM This form may be photocopied for use as an original ' I. GENERAL INFORMATION I1. Applicants name (specify the name of the corporation, individual. etc. who owns the project): Z & R Associates, LLC ' 2. Print Owner/Signing Official's name and title (person legally responsible for facility and compliance): Mr. Marvin Raines, partner 3. Mailing Address for person listed in item 2 above: 312 South Front Sheet City: New B e r n State: N C Zip: 2 8 5 6 0 Telephone dumber. ( 2 5 2 1 633-0108 ' 4. Proiect Name (subdivision. facility. or establishment name - should be consistent with project name on plans. spedficaticns. letters, operation and rnainter,ance agreements. etc.): Hidden Ha_bc: 7. Locadon of Project (street address): 2200 bioc'r c= Ccunr-rv Club Rc=d New Bern Courrv- Cr yen C1 tr. - _I o. Directions to project (from nearest major intersection): Ex z US VJY i7/70 3yoass a.. PeRib - U'<e nc_? n scu - n ( 3 w a r ? Trent ods) rembroke -Read oeccmes Cpunt-y Club -Roa Prcjec., s_t° ::s en z.e 1e-t, ?orcximate_y -/ m, 1e _rom oypass, n-2 r.,n0 Uowe11 S ULeaners and rrozession21 Aut _ 7. Latitude: 3 5 d C 5' 3 6" Longitude: 77,.03149' " of project 3. Contact person who can arswer questions about the project: Name: Mr . Me r v in Re 4-Ines Telephone Number: ( 252 )8 3 3- 010 5 Robert M. Chii°s, P.E. 252 537-4702 H. PERMTT INTORRYIATION: 1. Specify whether project is (check one) X Y New Renewal Modification Form S%VU-101 Version 3.99 Page 1 of 4 ' 2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the existing permit number N / A and its issue date (if known) 3. Specify the type of project (check one): Low Density X X High Density Redevelop General Permit Other ' 4. Additional Project Requirements (check applicable blanks): _CAMA Major X X Sedimentation/Erosion Control X X 404/401 Permit X X NPDES Stormwater Information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748. III. PROJECT INFORMATION ' 1. In the space provided below, summarize how stormwater will be treated. Also attach a detailed narrative (one to two pages) describing stormwater management for the project. sit OrmWater ?rOm a Dortion of the Drooosed waterfront lots will continue"tc - ?charae overland through the Neuse River Burr. - . Runo-. rrom the remainder or vision will be directed via swales and pipes to a stormwater pond and rged i nto a i.; r °nt px? sty ng wets ands N e u s e River basin. 2. Stormwater runoff from this project drains to the 3. Total Project Area: 22.7,/- acres 4. Project Built Upon Area: 2 3 . 1 I Overall average 5. How many drainage areas does the project have? 2 ' 6. Complete the following information fcr each drainage area. It there are more than tvvo drainage areas in the project. attach an additional sheet with the information for each area provided in the same format as below. Entries listed are or Prede? eloped/ Post- developed conditions. e Area 2 ina D Basin Information Drainage area 1 ge g ra to Lawson Oreek ib Receiving Scream Name I Trent utary RJ ver (vi a canal) Tr Receiving Stream Class S3 SW N S'r1 SC S w N S'q Drainage Area / 0 7 a ?- a s_/_ y / 2. O d a c r e s Existing Imper ices' Area ? 2 . 71 -- a c = e s ? / - - / 1.25 acres - Pr occsed Imcerv?ieus'.=.rea - - ? - - / 0 • ° l a o = ° s ? s 3 2 a c / - Impervious' Area (total) 0 ? 1 '0 0 - ? e Area 2 i D ' Drainage Area 1 raQ ra Surface Area Impervious 0 h / see o t h e r On-site Buildings 0.59 e _ / see o t On-site Streets 0.83 / 0 a c r e s 0 / 2. 0" ac: es On-site Parking 0 / 0 ( 0 / 0 On-site Sidewaiks I 0 / 0 n / n Otheron-site Re sidenti al) 0 / 0.°1 acres 0 / 2.28 acres Off-site ? 1.29 / 0 acres 0 _..s / 1.29 acr Total: 2, 71 / 0. a^ ;,c r e s Totai: 0 / 5.51 acres bu got !imired to cut di l I iIdiras. roads, par=ting areas. Imcerrious area is defined as the built , , ng, u nc ucon area sidewalks, gravel areas, e tc. Form SWU-101 Version 3.99 Page 2 of VI. SUBMITTAL REQUIREMENTS Only complete application packages will be accepted and reviewed by the Division of Water Quality (DWQ). A complete package includes all of the items listed below. The complete application package should be submitted to the appropriate DWQ Regional Office. 1. Please indicate that you have provided the following required information by initialing in the space provided next to each item. • Original and one copy of the Stormwater ivlanagement Permit Application Form • One copy of the applicable Supplement Form (s) for each BNIP • Permit application processing fee of 5420 (pavable to NCDENR) • Detailed narrative description of stormwacer treatment/management • Two copies of plans and specifications, including: - Development/Project name - Engineer and firm -Legend - North arrow - Scale - Revision number & date - Mean high water line - Dimensioned property/project boundary - Location map with named streets or NCSR numbers - Original contours, proposed contours, soot elevations, finished floor elevations - Details of roads, drainage features, collection svstems. and stormwater control measures - Wetlands delineated. or a note on plans that none exist - Existing drainage (including off-site), drainage easements, pipe sizes, runoff calculations - Drainage areas delineated - Vegetated buffers (where required) VII. AGENT AUTHORIZATION If you wish to designate aunccrity to another individual or firm so that they may provide information on your behalf, please complete this section. J Designated agent (individual or firm): Robe---,, %I, Chi 1 e s , P . E . P.O. BcX 3496 Mailing Address: City: ?hcr.e: ( Scale: NC 23361-3196 Far ( 232 1 637-3100 252 1.. 037-4702 1 VIII. APPLICANT'S CERTIFICATION 1. (print or type name of person listed in General Inior nation, item 2 ) 14e =vin R a i n e s certify Lhac the inform anon included on this permit application feria is, cc Lhe best of my knowiedge, correct and that Lhe prcject will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, d that the proposed project compiles with the requirements of 15A NCAC 2H .IQCO Signature: Ne,.% ?e_n Date: Form SWU-101 Versicn 3.99 Page 4 of4 Permit No. State of North Carolina (to be provided by DWOJ ' Department of Environment and Natural Resources Division of Water Quality ' STORMWATER MANAGEMENT PERMIT APPLICATION FORM ' WET DETENTION BASIN SUPPLEMENT This form may be photocopied for use as an original ' DWQ Stormwater Management Plan Review: A complete stormwater management plan submittal includes an application form, a wet detention basin ' supplement for each basin, design calculations, and plans and specifications showing all basin and outlet structure details. I. PROJECT UNFOR-NLMON Project Name: Hidden Harbor Contact Person: Mr. Marvin Raines Phone Number: (252) 633-0106 For projects with multiple basins, specify which basin this worksheet applies to: elevations Basin Bottom Elevation 0 ; ft. ( floor o f the basin) "May be considerably l o w e r .? Permanent Pool Elevation 3 ft. (elevation of the orifice) Temporary Pool Elevation 4.5 fr. (elevation of the discharge strucrn-e overflow) areas Permanent Pool Surface Area 2 3 , 5 0 0 sq. ft. (water surface area at the orifice elevation) Drainage Area 2 2 . 0 4 ac. (on-site and off-site drainage to the basin) Impervious Area 5 .51 ac. (on-site and off-site drainage to the basin) ? olumes 1 Permanent Pool Volume Temporary Pool Volume For,-bay Volume Other parameters ' S:VDA1 Diameter of Orifice ' - Design Rainfall - Desim TSS Removal - , Fomt SWU-102 Rev 3.99 50 , 4 0 0 + / - cu. ft. (combined volume of main basin acrd forebav) 3 5 , 2 5 0+/ - cu. ft. (volume detained above the permanent pool) 8 , 600+/ - cu. ft. (approximately 20% of total volume) 2.1 (surface area to drainage area ratio from Dti'O table) 2 in. (2 to 5 day temporar, pool draw-down required) 1 in. 85 °,'o (minimum 850% required) Page 1 of 4 ' Footnotes: 1 When using the Division SA/DA tables, the correct SA/DA ratio for permanent pool sizing should be computed based upon the actual impervious % and permanent pool depth. Linear interpolation should be employed to determine the correct value for non- standard table entries. 2 In the 20 coastal counties, the requirement for a vegetative filter may be waived if the wet detention basin is designed to provide 90% TSS removal. The NCDENR BMP manual provides design tables for both 85% TSS removal and 90% TSS removal. II. REQUIRED ITEMS CHECKLIST The following checklist outlines design requirements per the Stormwater Best Management Practices Manual (N.C. Department of Environment, Health and Natural Resources, February 1999) and Administrative Code 1 Section: 15 A NCAC 2H .1008. Initial in the space provided to indicate the following design requirements have been met and supporting ' documentation is attached. If the applicant has designated an agent in the Stormwater Management Permit Application Form, the agent may initial below. If a requirement has not been met, attach justification. 'Applicants Initials i FA !Z- d. ' ? ., JAL ?C C7. ' S h?l?w h. C^ .?? r- j. a. The permanent pool depth is between 3 and 6 feet (required minimum of 3 feet). b. The forebay volume is approximately equal to 20% of the basin volume. c. The temporary pool controls runoff from the design storm event. The temporary pool draws down in 2 to 5 days. If required, a 30-foot vegetative filter is provided at the outlet (include non-erosive flow calculations) The basin length to width ratio is greater than 3:1. The basin side slopes above the permanent pool are no steeper than 3:1.c,hez m w) A submersed and vegetated perimeter shelf with a slope of 6:1 or less (show detail). Vegetative cover above the permanent pool elevation is specified. A trash rack or similar device is provided for both the overflow and orifice. A recorded drainage easement is provided for each basin including access to nearest right- of-way. If the basin is used for sediment and erosion control during construction, clean out of the basin is specified prior to use as a wet detention basin. m. A mechanism is specified which will drain the basin for maintenance or an emergency. ,:;em h,k: Naturally established vegetation existing in pond; modiying pond to -? include 6:1 shelf is not proposed. Pond abuts road right of way, no easemenr required -or access. III. WET DETENTION BASIN OPERATIONA:ND MALNTENANCE AGREEMENT The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one) Xadoes ?J-does- net- incorporate a vegetated filter at the outlet. This system (check one) •Aoes -0-does. not- incorporate pretreatment other than a forebav. _ Form SWU-102 Rev 3.99 Page 2 of 4 Maintenance activities shall be performed as follows: 1. After every significant runoff producing rainfall event and at least monthly: a. Inspect the wet detention basin system for sediment accumulation, erosion, trash accumulation, vegetated cover, and general condition. b. Check and clear the orifice of any obstructions such that drawdown of the temporary pool occurs within 2 to 5 days as designed. 2. Repair eroded areas immediately, re-seed as necessary to maintain good vegetative cover, mow vegetative cover to maintain a maximum height of six inches, and remove trash as needed. 3. Inspect and repair the collection system (i.e. catch basins, piping, swales, riprap, etc.) quarterly to maintain proper functioning. 4. Remove accumulated sediment from the wet detention basin system semi-annually or when depth is reduced to 75% of the original design depth (see diagram below). Removed sediment shall be disposed of in an appropriate manner and shall be handled in a manner that will not adversely impact water quality (i.e. stockpiling near a wet detention basin or stream, etc.). The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. NN-hen the permanent pool depth reads 2 . 2 5 feet in the main pond, the sediment shall be removed. When the permanent pool depth reads 2 . 2 5 feet in the forebay, the sediment shall be removed. BASLN DL-kGR _N1 (Jill in the blanks) 3' ? Pe:mar,en[ ?col Elevation i A Sediment Removal E1. 0 7 5 I iyd0 ------------- ? y Sediment R°moval Elevation 0 . 7 5 - ------ ?, -°o ---------------- ------------------- ----- Bottom Etc anon 0 35°•o d- Bortom Elevation' 0' ' 2 FOREBAY NIAIN POND Elevations are feet above mean sea level Remove cattails and other indigenous wetland plants when they cover 501/'0 of the basin surface. These plants shall be encouraged to grow along the vegetated shelf and forebay berm. 6. If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain shall be minimized to the maximum extent practical. Form SWU-102 Rev 3.99 Pace 3 of 4 7. All components of the wet detention basin system shall be maintained in good working order. ' I acknowledge and agree by my signature below that I am responsible for the performance of the seven maintenance procedures listed above. I agree to notify DWQ of any problems with the system or prior to any changes to the system or responsible party. Printname: Mr. Marvin Raines Title: Partnet, Z & R Associates, LLC ' Address: 312 South Front Street, New Bern, NC 28560 Phone: (2 5) 633-0106 , Signature: / Date: ??-n? Note: The legally responsible party should not be a homeowners association unless more than 509110 of the lots have been sold and a ' resident of the subdivision has been named the president. ' I, 66-:oP-4c c. e ?+ i acs ZI- _,a Notary Public for the State of t3oz? 64;«-i-JA , County of GR-1E;,J , do hereby certify that OI A"; N P-A % nscS personally appeared before me this Zq day of -IUL-I-i , ZOO' , and acknowledge the due execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal, t u L! I- I?',sl'O.'s If1Rtyf.,I, G C. C %ly commission expires SEAL _l o'jc 7-C. , 2 co Form SWU-102 Rev 3.99 Page •t of 4 1 L PART III, ITEM 1. DETAILED NARRATIVE e Z & R ASSOCIATES, LLC HIDDEN HARBOR This project involves the creation of a new residential subdivision on a tract of waterfront property within the City of New Bern. The subdivision surrounds the head of a man-made canal and utilizes approximately 22.7 acres of a nearly 132-acre tract. The ' shape and location of the canal create three distinct areas within the subdivision; one each south, west, and north of the canal, herein referred to as Sections 1, 2, and 3, respectively. An existing man-made pond covering about three-quarters of an acre at its top of bank is located within Section 3 of the subdivision. Nineteen waterfront and ten inland residential lots are proposed, and at final build- out the subdivision will average about 230 impervious. An imaginary line created near the mid-depth point of the waterfront lots is assumed to divide the waterfront lots into portions that will continue to drain overland through the Neuse River Buffer to the existing canal cnd ' portions that will drain internally through the proposed stormwater system. Divided as described, approximately 5.92 acres, representing about 26 0 of the subdivision, are assumed to drain toward the canal along existing flow patterns. Of these 5.92 acres, approximately 0.91 acres (15.4 0) cre assumed to be impervious. Two adjoining offsite areas currently discharge to the canal. One contains approximately 1.49 acres and discharges overland across Section 1 of the project site. The ether contains approximately 3.80 acres and discharges along an existing property line swcle that borders the project area and through an existing 18" diameter culvert that crosses the project site in Section 2. The primary subdivision road will interrupt the overland ' drainage pattern of the 1.49 acres offsite crea, and the existing property line swcle and site crossing culvert cre proposed to be removed. The portion of Section 1 that discharges internally contains approximately 6.93 acres, of which approximately 1.83 acres (260) are proposed impervious. Runoff from this crea and runoff from the 1.49 acre offsite area, of which approximately 0.83 acres (560) cre impervious, is directed toward a pcir of proposed ponds located near the entrance of the subdivision. The proposed ponds cre intended to provide c pre-treatment function for stormwcter runoff from these areas and supplement the trectment provided by the existing pond. Discharge from the proposed ponds is conveyed vic pipe to the existing pond. The portions of Sections 2 cnd 3 of the subdivision that drein inter ,oily contain cpproximctely 9.32 cores, 2.50 acres (25O)of which cre proposed impervious. Runoff from these areas and runoff from the 3.80 acres offsite creC, of which approximately 0.50 acres (13,10) cre impervious, is collected in the stcrmwater system acid conveyed via pipe to the existing pond for trectment. The existing pond has a surface crea of cpproximctely 0.54 acres and is L-shaped, with a foreboy crea perpendicular to the main body of the pond. Preliminary investigation indicates a depth of at least three feet. This exceeds the recommended permanent pool size (0.46 acres) for the overall 260 impervious, 22.04 acres eventually discharging to the existing pond. Stormwcter discharged from the existing pond will fellow the existing flow patterns through cdjccent wetlands and the Neuse River Buffer at the headwaters of an unnamed tributary of Lawson Creek, a tributary of the Trent River. 2AOF4 -.-? ~V ^rY ^?-??i ? ?y `, '`Y ?^1 7f .• rte: ?? ,']' m•S e4 a??''.+Xv'Y{01a; I'•A:k7?Q E - --.. ?r 1?4v5'?.,?=-?v?. aw r:u at -. -?G? K'2? .i - t°i.\,i?,i(' •'\ G ?? - -..'tµ vt" ? ' ry-Z?r[ ? .Y `'`• ? ? L' ?5.? t'?? ?'a ?i?'`-? t ?r'[` '1,:° CtxT1 MiJ Gh '? ...?y?? ? 1-.-. O ??? \? ..? ?"l?" ?1 -? Grove i \ {? c' .? ?? ., • r /.;? Comb •'''? ?• T ? :s,.. ? ?: ??x_ ? .t :-? - ?J/*,{? ?oCx••?? tS?E ?,? r----?. ?? ?? • ^ lol.?.e vg? / \ _ ?• .(. PA;M _ 'Ati ?' '1i ?•YWIII?.J ; ---••Rll --- •?+L,j.? 'T ` /• M ~ - - 1 ? JA1';'/Ilea w l --1ih--_I-1.1_ _., = ?:. uG ?crfO.Y ?' '/ • ? BM 78 y j -•-?1- --?? ? '??` / c,, \' O 'i pt e '• . Jr ?d'•' „tic ??_ - ice[ l,? -_ : f,FJ Da Pile ?? / ' %'. / 1-` y,?3 .???•_ sr_-i? ?•?}'^?? ?• ? ? , 1, % • ,v. -//•• .j•'? a ?'?' ft ! ICI: ?"`-.1•^- 4"r`--,!=_..: 7-/-• ??'••- -.. 'rj _ •. v? ? ,may ?.. i ^ ;.'1 _... - ?2m0'?11 '`?-_-'rc-? •-•1,? (l'i :?M?! -. !?? r?."' •? ?:?_?.? C't-. ery I ? icy ,? • ? `•'• -?_?? '? r ',`ye:-. I?t '-a. ?? \\? ?-?-LLT/ X n „`?'-'? ?%.• Ofa iuwnc ? ' j `.`• ` `?: ,I •'• "•?-, -;?'??.=?_ / 'irk ???' j j)? ?\`?_ _ ,c- , fir. :I ?. •... ..: \.••?.:1.:?. ???^?/ ?' ?, ?-/ .? .. .??~\ ?1 Jam? ?,1i? .%? \ ??\?' ,? \?\^?=?ji? •!?! - 777 Ugft 10, w Name: NEW BERN Lccaticn: 035° 05' 35.9" N 077° 03'49.2" W Cate: 6/10/2004 Caption: HIDDEN HARBOR SUBCIVSICN Scale: 1 inch equals 2000 feet COUNTRY CLUB ROAD NEW BERN, NC Ccpyngnt (C) 1997, 4taptec.rn, inc. MANAGEMENT PLAN I PROJECT DESCRIPTION NARRATIVE This project involves the crection. of a new residential subdivision on a tract of waterfront property within the City of New Bern. The subdivision surrounds the head of a man-made canal and utilizes approximately 22.7 acres of a nearly 132-acre tract. Nineteen waterfront and ten inland residential lots ore proposed, and at final build-out the subdivision will average about 230, impervious. The shape and location of the canal create three distinct areas within the subdivision; one each south, west, and north of the canal, herein referred to as Sections 1, 2, and 3, respectively. An existing mar,-made pond covering about three-Cucrters of on acre at its top of bank !s located within Section 3 of the subdivision. The existing pond and two proposed ponds will function to provide stormwcter treatment fcr c major portion of the subdivision. SITE DESCRIPTION The project site is located in the 2200 blec? of Country Club Recd in the City of New ' Bern. The subdivision utilizes approximately 22.7 acres of a nearly 132-ecr e tract, and surrounds e men-made canal that covers ecereximete!y 10 acres of the tract. The main portion of the canal extends epcrcximcie!y 3000 feet inland from the west shore Cf the Trent River, and has two basins extendinc northward near the head of the Ccncl, one cDCut 3C0 feet and another about 500 feel in lencth. An exiSTing Isolated man-made ocnd iS located within Secticn 3 of the subclvlsicn, and is approximately 0.76 acres at its top of bank. The portion of the tract that contains the canal and pond was an active barrow site some decodes cco, and it was then that these lectures were constricted. NEUSE RIVER BUFFER bdivisicn contains CCcrcxtmcie:y =2? TceT Cr WCTerirCrlT :;Cr;C're Can.cl. _eccuse the subdivision ;S'cccted within 'fie Neuse River ?CSin, 're WaTerTrCrT , per ion of the subdivision is subject to rec_uicticn Cy c^cCTer i Suc-crccIer 25 Section .0233 of the North Carolina Administrative Codes, c rn .criy referrea tc as the Neuse River Buffer Rules. These rules dic*CTe Wr.ICh aCTlvitieS cre allowed within c rO-feet wide riparian buffer directly cdiccent f0 surTCce WCTerS in The Neese River Bcsin (in this case, the canal). The portion of the ruies ccprcericte Ta this site dictate that the riparian buffer is measured hcrzcntclly along a 'ire cerpendicuicr to the canal's centerlines from the most landward limit of the ncrmci water level. The Neuse River Buffer Rules cre currently enTcrced by the North Caroline Department of Environment and Natural Resources, Civisicn of water Guc!ity. The recicncl office of that agency is located in `NcshingTcn, Ncrh Carciinc, can be recc:^ed vic c te!ephene at (252) 9d6-O?c?l, and sheuid be ccrsulted cricr to performing any activity ether than those that the rule incicaTes as exempt. STORMWATER BEST MANAGEMENT PRACTICES SYSTEM OVERVIEW The proposed stormwater management system includes swales, a pair of proposed ponds, subdivision roads with curb and gutter, e stormwater pipe network, the existing pond, Neuse River Riparian Buffers and existing wetlands. Owing to the waterfront location of the subdivision, it is recognized that a portion of the development will continue to discharge overland through the Neuse River Buffer, directly to the existing canal, much as it does now. To offset any runoff increase, a discrete stormwater collection system is proposed to divert runoff from the remainder of the subdivision and from adjoining offsite crecs through a treatment system. ' Stcrmwcter dischcrced from the existing pond will follow the existing flow patterns through adjacent wetlands and the Neuse River Buffer into the headwaters of an unnamed tributcry of Lawson Creek, a tributcry of the Trent River. Two adjoining cffsite crecs currently discharge directly to the canal, one via overland flow, the other via piped flow. Runoff from these areas will be diverted into the proposed stcrmwater system and treated along with the portion of the subdivision that drains internally. PROPOSED PONDS Two ccnds cre proposed for construction cdjccent to the subdivision entrance road. ' The ponds are connected via c :ice culvert, and will receive stcrmwcter runoff from the internally draining portion of Section 1 of the subdivision and from an adjacent 1.49 ecre or'site crew that currently discherces and into the canal. The cones cre intended to provide c sediment reducing function for stcrmwater runoff from these crecs and supplement the treatment provided by the existing pond. EXISTING POND (WET DETENTION BASIN) An'e,xistinc pcnd is located within Section 3 of the subdivision. The pcnd was -xcavcted durinc c previous ownersr .ic. wren the prccer'y wcs „.irc used as c bcrcw site. It is isolated from the waters of the ccncl, and preiimir.cry investiccticn indicates That its permanent pccl is at least 3 feet dee'c. In its existing configurciicn, the pond has c fcrebcy/main `Jody arrcrcement that discharges by overflowing the bank near its southeast comer. Water leaving the pond flews overland into and through cdjccent wetlands and the riccricn buffer at the headwaters of an unnamed tributary of Lcwscn Creek, c tributcry of the Trent River. The straight-line distance from the pond's discharge point to the tributary's headwaters is approximately 1,3C0 feet. Stcrmwcter runoff from Sections 2 and 3 of the subdivision, runoff `ram an adjacent rom the proposed ponds cre cil cirected to 3.8 ecre offsite area, and the discharce from' the existing pond vic pipe. Inlet crotection ,Mil be installed, and the pond's existing cutlet wiil be mecined and armored as needed to control cischcrge velocities and provide protection cccinst erosion. CALCULATIONS (cont'd) NITROGEN EXPORT PORTION DISCHARGING THROUGH BUFFER TO CANAL Total Area 5.92 ac. Impervious Surfaces 0.91 ac. x 21.2 Ib/ac/yr Managed Open 5.01 ac. x 1.2 lb/cc/yr Untreated Export 25.3 Ib/yr / 5.92 ac Nitrogen Reductions Applied Riparian Buffer : 300 Treated Export 4.3(1.0-0.3) PORTION DISCHARGING THROUGH POND, WETLANDS AND 3UFF=R = 19.3 Ib/yr = 6.0 Ib/vr 25.3 Ib/yr = 4.3 lb/cc/yr = 3.0 lb/cc/yr Total Area 16.75 cc. Impervious Surfaces 4.32 cc. x 21.2 lb/cc/yr = 91.6 Ib/yr Meneged Open 12.43 cc. x 1.2 lb/cc/yr = 14.9 Ib/vr 106.5 Ib/yr Untreated Expcrt 106.5 Ib/yr / 16.75 cc = 6.4 lb/cc/yr Nitrogen Reductions Applied 0 Existing Pond (Wet Detenticn Bcsin) :25 0 Existing Wetlands (Vecetctive ; liter) :20 Riparian 3ufer : 30 0 Treated Exccrt =2.7lb/cc/yr NITROGEN OFF Sat PAYMENTS None Required X01ttnllf1141/ `? ? X59%•`'•-'?' 9 •- SEfiL 5365 ° J \ \ INI. 111111111 MAINTENANCE PLAN (cont'd) ' Sediment Removal Sediment removal shall occur when accumulations affect system function and/or when permanent pool depth is reduced to 75 % of the design depth. • When either proposed ponds' permanent pool depth is 3feet or less • When the existing pond's permanent pool depth is 2.25 feet or less The Owner shall ensure that removed sediment is disposed of in an appropriate manner and that it is handled in a manner that will not adversely impact water quality (i.e., stockpiling near a wet detention basin, discharging into or near a stream, wetlands, etc.) and in accordance with all local, state, and federal regulations. ' Debris end Litter Removal Debris cnd litter removal from the stermweter system shall be included as a pert of the inspection process and periodic mowing operations. Particular attention shall be paid to cress crcund drainage structures where debris may cause clogging/obstructions. All fresh and debris removed shall be disposed of ccccrding to local, state, and federal regulations. NON-ROUTINE MAINTENANCE: Emergency Graining/Maintenance The Owner shall have c pump(s) available that is (cre) capable of draining the sicrmwcter ponds for mClnfencnce cctivitles in the event that re-cirs require it, or for other emergency situations . If c pond(s) must be drained in this mcnner,'then the flusi,ing of sediment ihrouch the outlet shall be minimized to the maximum extent crccticcl. Structure Repairs cnd Replacement. The Owner shall replace all de'tericrcted inlet/euflet structures when detericrcticn'rcm use or cce causes them to fail cnd/or funcficn improperly. MAINTENANC: COSTS: The Cwrer shall be respcnsibie for cil casts associated with the maintenance ' (routine or otherwise) cnd cperction of `he stcrmwcter retenficn pond/wet Bete..^,iicn bash systern. COMPLIANCE CERTIFICATION: Upcn completion of construction cnd prier to operation of this Stcrmwcter Management System, the design -ncineer sh cii submit to the Civisicn of VdCTcr Cuc;iTy c certinccticn stating that the permitted fcciiity hcs 'Ceen instciled in ccccrdcnce with the approved Mans, specificcticn_s, and cny cdditicncl suppcrtI ng dccumentcticn. RESPONSIBLE PARTY STATEMENT 1 I acknowledge and agree by my signature below that Z & R Associates, LLC is responsible for all maintenance procedures listed above, and all incurred costs of construction and annual maintenance. I agree to notify the City of New Bern Stormwater Administrator, and/or the NCDENR, Division of Water Quality of any 1 problems with the system, or prior to any changes that will require a modification to any issued stormwater management permit(s) . 1 Name of Owner./Responsible Party: Z & R Associates, LLC ' Address: 312 South Front Street New Bern, NC 28560 1 Phone Number: (2-52) 633 - 0106 Name & Title: Mr. Marvin Raines, Partner Signature: Y , I A •r Date: Notary Public: I, le?o? bE E,. eIA?LZE's a Notary Public for the State of County cf ee.nJ6&? , do hereby certify that personally appeared before me this Z4 dey of 1J??1 20,a4, cnd acknowledged the due execution of the foregoing stormwater system maintenance requirements. Witness my hand and official seal. Gc C C OF• ' y?l '? ,C? SEAL Notcry Pubiic Cep. (?B?tt , r!?rrzsicn expires: ?JiJC ZcP zc= - •;c;?000 I w? ZCO zX / o a. Q r? U v ?. t > s Q Z W Ts a ? t r tt - .. I d m I K i fi :a?.. i ?t a I ? i % . dl b i. I (T71,11 I `-III Ili 111 ,- P4At r Og I C? 4 d 1e IN11 b i LJJ o ? U i UU?U ui m ?w0?0 3?cns? ??a a e fit[( ?[e( R[Q ? ? \YYY? `\ 'b C ? C aava IN3a1 01 -nrrrYD-> ------ ------^ ¢? 2 b ? ? i G1V sq A X43 i U2f95 Ja a m m m s ® m z W ? Ll? Zaj - n Z ? , IL Q aL) Z a t-- u Iw- w 8 S U L Z W z CL 4 U \ ILI g a?? 1 1 ? \ t\ \ ?- AA u3AIU IN3ul Ol Tvw:)-> --- ---- /a r- e r r jr:: f s7rS I ?? ? ' ;- - r\ i \ ,.r....,..j ..f 43 2 r. ti yY[ Q ? \E y}6fl''???yt t6 GN w LL 02 _ C!] U It z ? F. E au O O <zcn6r" N? Qaa yI 4 ! M I i ?g ?a r? HIM It, Wag C C L • rQ Nucnaci r. rasley, uovcmor William C. Ross Jr., Secretary. North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality November 8, 2004 DWQ Project"" 04-0615 County: Craven Page I of 2 Z & R Associates, LLC Attn: Mr. Marvin Raines Zoytoun Raines Construction Co. 312 S. Front Street New Bern, NC 28560 Subject Property; Clement/Pridgen Property, Country Club Road, New Bern, NC Canal to Trent River [03-04-10, 27-101-(39), SB Sw NSW] Neuse River Buffer Rule (15A NCAC 02B .0233) Compliance with Condition No. I of 04.0615 Authorization Certificate Issued on April 23, 2004 Dear Mr. Raines: On November 5, 2004, the Division of Water Quality (DWQ) received a letter from your engineer, Robert M. Chiles, P.E., dated November 1, 2004 requesting the DWQ to "Update the buffer mitigation determination contained in the authorization certificate and advise us how to proceed with mitigation by payment". The letter detailed the buffer impacts based upon the final design plans. The impacts have been reduced from the 21.838 fez to 11,107 ft=. A s stated within Condition No. 1 of your April 23, 2004 authorization certificate, you are required to mitigate for impacts to the protected riparian buffers. The required area of mitigation (based on the updated information provided within the November 1, 2004 letter described above) to compensate for impacts to the protected riparian buffers is 10.236.5 square feet as required under the April 23, 2004 Authorization Certificate and 15A NCAC 213 .0242(buffer 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 requirement. This has been determined by the DWQ to be a suitable nxthod to meet the mitigation requirement of your April 23, 2004 authorization certificate. In accordance with 15A NCAC 213 .0242(7)(bider mitigation rule), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10)(buffer 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 (919) 733-5208 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 Rlparian Buffer Restoration Fund to compensate for 20.236.5 ft" of required riparian buffer mitigation for Impacts to 11,107 ft` of protected riparian buffers; 03-04-10 river and subbasin, 27.101-(39) stream index number. Also, please note that you still must comply with all other conditions of your April 23, 2004 authorization certificate including diffuse flow per Condition No. 2 and certificate of completion per Condition No. 3. 401 WeCands Car?f;wtlon Urlil °c N fthCaro 'na ) 1630 Mau Serv(ra Cantor, Sala ign. NcmL Cam Lna 21229.1650 r/?llt!!1'lll?i, 2221 C.-a zae ScAvard, Sub 250, Raleign, NorLJ Caralna 27664 Phone: 619.723-17891 FAX 919.73!893 / lmemett =2:11h2o. ?n r erAta.na uslncNAr e rdv An Equal CpportunVAPirrrmatve Action Emp1oy9r-50% RecyC!ad/tG'rv Pcat consumer Paper n Z & :No. 421) 7atesP. 2; Pap 2 of 2 November 8, 2004 If you have any questions or would like a copy of the buffer rules, please call (919) 733=1786. 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. Sincerely, ?t v Alan W. Klimek, P.E. AWK/CBK/bz U Enclosures: EEP Notification cc: Tom Steffens, DWQ Washington Regional Office File Copy Central Files Filename: 04-0615 O?, QG William G. Ross Jr., Secretary a 7 North Carolina Department of Environment and Natural Resources Alan W. Klimek, P. E. Director ~. Division of Water Quality D ? Coleen H. Sullins, Deputy Director Division of Water Quality April 23, 2004 DWQ Project No. 04-0615 Craven County ' Z & R Associates, LLC Page 1 of 2 Attn: Mr. Marvin Raines Zaytoun Raines Construction Company ' 312 S. Front Street New Bern, NC 28560 Subject Property: Clement/Pridgen Property, Country Club Rd, New Bern, NC ' Canal to Trent River [03-04-10, 27-101-(39), SB Sw NSW (nutrient sensitive)] APPROVAL of Neuse River Buffer Rule (15A NCAC 02B.0233) AUTHORIZATION CERTIFICATE Dear Mr. Raines: Your application for a Neuse River Buffer Authorization Certificate dated February 6, 2004 was received in the Washington Regional Office of the Department of Environment and Natural Resources, Division of Water Quality (DWQ) on February 9, 2004. According to our Neuse Buffer Rule (15A NCAC 2B .0233(8)), failure to issue an approval or denial within 60 days of receipt of a complete submission shall constitute that the applicant has demonstrated "no practical alternatives". Therefore, DWQ has waived the "no practical alternatives" determination for your plans to impact 21,838 square feet (or 0.5 acres) of protected riparian buffers to construct the proposed subdivision road at the subject property as described in your application. As such, the stream and buffer impacts are approved. However, please be aware that you must follow the plans as described within your application dated February 6, 2004 and all other conditions of the Neuse River Buffer Rules ' and those listed below. You must also obtain or otherwise comply with all other required State, Federal and Local regulations, including but not limited to DWQ Standards (15A NCAC 02B .0100 and .0200). ' This approval is only valid 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. For this approval to be valid, you must follow the conditions listed below. Conditions: ' 1. Buffer Mitigation Determination - As you stated within your request, the proposed subdivision road is designated as an "allowable with mitigation" use within 15A NCAC 02B.0233(6). Uses designated as "allowable with mitigation" require an approved appropriate mitigation strategy pursuant to 15A NCAC 02B .0233(10) before the buffer impacts ' can proceed. As such, you are required to provide a mitigation proposal pursuant to 15A NCAC 02B .0242 and obtain approval from the DWQ of the proposal prior to impacting the protected buffers. The area of mitigation required under 15A NCAC 02B .0242 is calculated as impacts to Zone 1 multiplied by 3 and impacts to Zone 2 multiplied by 1.5. If you intend to impact the all of the buffers within the right-of-way, then your required area of ' mitigation shall be 51,187.5 square feet. We understand, as per your request, that the final disturbed areas should be less, as the required road width is less than the right of way. As such, the DWQ is willing to accept a mitigation proposal that accounts for accurate buffer impacts based on a final design plan. Your options for meeting this ' mitigation determination are payment into the Riparian Buffer Restoration Fund, Donation of Real Property, or Restoration or Enhancement of non-forested Riparian Buffers as per 15A NCAC 02B .0242(6). 2. 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). [I u North Carolina Division of Water Quality, WETLANDS / 401 UNIT 1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address) 2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Lccation) 919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.uslncwedands/ Z & R Associates, LLC Page,2 of 2 r April 23,2004 3. ° 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. 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 213 .0233. If you have any questions or would like a copy of the buffer rules, please call (919) 733-1786. 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), NC Division of Water Quality (DWQ) and N.C. Division of Coastal Management (DCM) if any impacts are proposed to either of these waters. Also, please note that the DWQ reserves the right to conduct a compliance review of your protect to ensure compliance with the Neuse Buffer Rule and other DWQ regulations. If you have any questions, please telephone Mr. Bob Zarzecki at (919) 733-9726. ' cc: Bob Chiles, 417-A Broad Street, PO DWQ Washington Regional Office DLR Washington Regional Office DCM Morehead City District Office File Copy ' Central Office ' bz C u Sincerely, N. Klimek, P. NQ, Director 0 , New Bern, NC 28564-3496 (FAX 252-637-3100) DWQ 4 040615 Date: April 23, 2004 -' N W A TF { Michael F. Easley, Governor 0 9 O? QG William G. Ross Jr., Secretary \ North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality January 18, 2005 DWQ Project # 04-1850 Craven County Mr. Robert M. Chiles Z&R Associates, LLC 1 312 South Front Street New Bern, NC, 28560 Subject Property: Hidden Harbor Subdivision Waiver of 401 Water Quality Certification Dear Mr. Chiles ' 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 [15A NCAC 2H.0507 (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 requirement for a 401 Water Quality Certification for your plans to impact waters as described in your November 16, 2004 application materials. However, if additional impact occurs or your development plans change, this waiver is no longer valid and a 401 Water Quality Certification will be required. ' If you have any questions, please telephone Cyndi Karoly at 919-733-1786. AWKlcbk L! L n Sincerely, / J 1 Alan W. Klimek, P.E. cc: Robert Chiles, P.O. Box 3496, New Bern, NC, 28564-3496 USACE Washington Regulatory Field Office Wilmington District, USACE DWQ Washington Regional Office DLR Washington Regional Office File Copy Central Files Filename: 041850Hidden(Craven)Waive 401 Wetlands Certification Unit 1650 f&I Service Center, Raleigh, Ncrth Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17661 FAX 919-733-63931lnternet: http•//h2o enr state.nc.us/nc%vetlands Ne?e?n Carolina An Equal opportunitylAlfirrrative Action Employer- 50% Recycled/10% Post Consurner Paper OF NORTH CAROLINA `DERARTMENT.OF ENVIRONMENT 1 AND NATURAL RESOURCES `- Y ? "ter" 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 January 5, 2005 ' WALTER B HARTMAN, JR., CITY MG P O Box 1129 New Bern,NC 28563 Re: Authorization to Construct HIDDEN HARBOR SID NEW BERN, CITY OF CRAVEN County 0425010 Dear Applicant: This letter is to confirm that a complete Engineer's Report and a Water System Management Plan have been received, and that engineering plans and specifications have been approved by the Department for HIDDEN HARBOR SID, DEH Serial No. 0401932. The Authorization to Construct is valid for 24 months from the date of this letter. Authorization to Construct may be extended if the Rules Governing Public Water Supplies and site conditions have not changed. The Authorization to Construct and the engineering plans and specifications approval letter, shall be posted at the primary entrance of the job site before and during construction. Approval must be secured from the Department before any construction or installation if: • Deviation from the approved engineering plans and specifications is necessary; or • There are changes in site conditions affecting capacity, hydraulic conditions, operating units, the function of water treatment processes, the quality of water to be delivered, or conditions imposed by the Department in any approval letters. Upon completion of the construction or modification and in accordance with Rule .0303, the applicant shall submit a certification statement directly to Douglas Newhouse of this office. This statement must be signed and sealed by a registered professional engineer stating that construction was completed in accordance with approved engineering plans and specifications, including any provisions stipulated in the Department's engineering plan and specification approval letter. Prior to Final Approval, the applicant shall submit a signed certification stating that the requirements in 15A NCAC 18C .0307 (d) and (e) have been satisfied and if applicable, a completed application for an Operating Permit and fee. Once the certification statements and operating permit application and fee, if applicable, are received and determined adequate, the Department will grant Final Approval in accordance with Rule .0309 (a). Therefore, no construction, alteration, or expansion of a water system shall be placed into service until Final Approval has been issued by the Department. If we can be of further assistance, please call (919) 733-2321. Sincerely, 74R? Tony C. Chen, P.E. Technical Services Branch Public Water Supply Section TCC:DEN cc: FRED HILL, Regional Supervisor Robert M Chiles, Pe 1634 Mail Service Center, Raleigh, North Carolina 27699-1634 ? Telephone: 919-733-2321 Main Fax: 919-7154374 A Lab Fortes Fax: 919-715-6637 ? Internet: http://ncdrinkingNvater.state.nc.us/ n(1 ?L'd? CCGCRl1Ni,? r1?(lf1^c:f:Q l.?iGn c:rTGGye(• ?? °: nE.jCc""`? ? :? oo ?.5: vGt15Urt'?f ?.«cf STATE 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 Terry L. Pierce; Director Jessica G. Miles, Section Chief Mr. Walter B. Hartman, Jr., City Manager City of New Bern ' Post Office Box 1129 New Bern, North Carolina 28563-1129 January 5, 2005 Re: Approval of Engineering Plans and Specifications for Water Main Extensions to serve Hidden Harbor Subdivision City of New Bern Water System Craven County P.W.S. ID No. 04-25-010 This is not an Authorization to Construct Dear Mr. Hartman: Enclosed please find one copy of the "Application for Approval..." together with one copy each of the above ' referenced engineering plans and specifications bearing the Division of Environmental Health stamp of approval for the above referenced project. These engineering plans and specifications are approved under Division of Environmental Health serial number 04-01932, dated December 30, 2004. Engineering plans and specifications prepared by Mr. Joe L. Riddick, Jr., P.E., call for the installation of approximately 3,050 feet of 6-inch water mains, fire hydrants, valves, and other appurtenances. The proposed water lines will provide service for thirty-two (32) proposed residential connections situated along Hidden Harbor Drive and Zurich Place that are associated with the proposed Hidden Harbor Subdivision, to be situated off of Country Club Road in Township No. S. These plans and specifications cited in the foregoing application are approved insofar as the protection of public health is concerned as provided by the rules, standards, and criteria adopted under the authority of Chapter 130A-317 of the ' General Statutes. This approval does not constitute a warranty of the design, construction, of future operation of the water system. Please note that an "Authorization to Construct" requires both written approval of engineering plans and specifications and submittal of a complete Water System Management Plan. No construction shall be undertaken, and no contract for construction, alteration, or installation shall be entered into until the Department issues an "Authorization to Construct" letter in accordance with 15A NCAC 1SC, .0305(a). L' ' TCC/DEN/sep Enclosures: Approval Documents cc: Mr. Fred Hill, Regional Engineer Craven County Health Department iVlr. RobertM. Chiles, P.E. One copy of each enclosed document is being forwarded to our Washington Regional Office. The third copy is being retained in our permanent files. If we can be of further service, please call on us at (91?) 733-2460. ony f14h,T.E. gad ngineer, Plan Review Technical Services Branch 1634 Mail Service Center, Raleigh, North Carolina 27699-1634 J Telephone: 919-733-2321 Main Fax: 919-715-4374 ? Lab Forms Fax: 919-715-6637 ? Internet: http://ncdrinkingwater.state.nc.us/ rn C'y'l:ul CCi URt;ndJ; r?(Iiff^uii:d nU::GfI tp;?U'/9f • ?J `o n3Cic:?d 1(!'"i ?Go..,Uf15U-. -7af Public Water System Authorization to Construct Public Water System Name NEW BERN, CITY OF 0425010 and PWSID No. (if available): Project Name: HIDDEN HARBOR S/D Serial No. 0401932 Issue Date: 01/04/2005 Expiration Date: 24 months after Issue Date In accordance with NCAC 18C .0305, this Authorization to Construct must be posted for inspection at the primary entrance to the job site during construction. S . o?0F WATt-, Michael r. Easley. Governor January 11, 2005 Mr. Walter B. Hartman, City Manager City of New Bern P. O. Box 1129 New Bern, North Carolina 28563-1129 Subject: Application No. WQ0024632 Additional Information Request ' Hidden Harbor Subdivision Wastewater Collection System Extension Craven County Dear Mr. Hartman: ' The Pretreatment. Emergency Response and Collection System Unit has conducted a preliminary review of the subject permit application package. Additional information is required before we may continue our review. ' Please address the attached items no later than February 11, 2005. Please be aware that you are responsible for meeting all requirements set forth in North Carolina rules and regulations. Any oversights that occurred in the review of the subject application package are still the responsibility of the applicant. In addition, any omissions made in responding to the above items may result in future requests for additional information. ? 7 William G. Ross Jr.. Secretary ? ? C North Carolina Department o(Er,vironment and Natural Raourecs -t Alan W. Klimek. P.E., Director Division of 1\'atcr Quality Please reference the subject application number when providing the requested information. Two copies of all revised and/or additional documentation should be signed, sealed. dated, and submitted to my attention at the address below. Please note that failure to provide this additional information on or before the above requested date may result in your application being returned as incomplete. ' Note that the Division has recently reorganized. All sewer related matters are now handled through the Pretreatrent. Emergency Response and Collection Systems Unit under the Point Source Branch. The Unit is located on the 13th floor of the Archdale building in downtown Raleigh. Please ensure the letterhead information is used for all correspondence to ensure timely delivery. If you have any questions regarding this request, please do not hesitate to contact me at (919) 733-503 extension 375. You may also check the future status of this project online at htrn://h: o.enr.state.nc.us/bims/Report s/rccorts Permit s.htmL Thank you for your cooperation. Sincerely. A. Bennie Gcetze. Jr.. P. Environmental Engineer cc: Mr. Robert Tankard, Washington Regional Office. Surface Water Protection Section Mr. Joe Riddick• Jr.. P. E.. Robcrt bt. Chiles. P. E. Encinccrs 1u1d Cunsultar.ts. P. O. Box 3496. Ncw Bern. NC 25564-3496 Permit Application File WQ0024682 ,One NorthCarolina I-Vaturall? Preaeaar,ent. Emergency Rc;ponsc anti Collecncn Systems Unit Intern.: http!/l12o enr.nc.s:zt-..avncipti 1617 Mail Scrv ice Ccntcr. Raicigh. NC 2':6911.161 7 An Equal Opportunity Action Empluvcr Tclcp^nnc (919) Fax (919) ?33-0059 501$ recyc:cd/10% post-consa-cr raper City of New Bern Hidden Harbor Subdivision Vacuum Sewer Application Number WQ0024682 Review Comments January 11-, 2005 General Based on the A/E's certification in the Permit Application that all 15A NCAC 2H.0200 requirements regarding gravity sewers and force mains, and the Division of Water Quality's Gravity Sewer Minimum Design Criteria adopted February 12, 1996 have been met, a review of these items has not been performed. It shall be the permittee's responsibility to ensure the plans and specifications meet the appropriate design criteria and rules. Final approval of these documents will not imply approval of any variance from these criteria unless specifically requested and granted. Failure to comply may result in penalties in accordance with North Carolina General Statute 143-215.6A - 143-215.6C, construction of additional facilities, and/or referral of the N.C. Professional Engineer to the licensing board. 2. Provide complete, detailed, design calculations, signed and sealed by a professional engineer registered in North Carolina. The AirVac Manual details the methodology to be used. These calculations, when complete to the existing vacuum station will also provide the required downstream sewer analysis. 3. The application indicates that the entire project is not subject to flooding. Provide a letter signed and sealed by the engineer stating this fact and referencing the source of the information. 4. This project was submitted as a new project. Per the application, this project connects to an existing vacuum sewer system (WQ0006865) with the same owner. Upon issuance of this permit it is sugcested that a permit modification be made to combine these permits into one. This will minimize the total paper work involved with this system and allow the entire vacuum system to be tracked in one permit. 5. Specifications ' 1. Section 0330 - Provide the specific strength, concrete to aggregate to water ratio, slump, etc, required for this project. 2. Section 1054 - It is strongly recommended that a detection tape be buried above the pipe in addition to the detection ware. See also Section 1502, Part 2V.71. 3. Section 1502, Pact 2V.12 - This lists Section 1054 as Detection Tape. Only detection wire is ' covered in this section. (See also Section 1507, Part 7.12). (See comment I above). Section 1054 is listed variously as Detection Tape or Detection Wire throughout the other sections. ' 4. Section 1502, Part 2V.64 - All water from dewatering operations shall be disposed of in accordance with the NC Sedimentation and Pollution Control Act. I i e i Jan 11 05 01:16p DWq PERCS UNIT 919-733-0059 p.4 5. Section 1502, Part 2V.82.d - This Section and Section 1507, Part 7.20 requires a vacuum test at 22 in Hg. Section 1512, Part 2V.21 and Section 1513, Part 3.20 require a test at 24 in HIg. Please clarify. Also note that 'in Hg' is missing from the test pressure in Section 1513, Part 2V.20. Plans 1. 3. 4. Provide a legend for all symbols used on the plans. Sheet 2 - a. Clearly label the vacuum sewer line in the plan view. b. The Nlatch Line at Lot 19 should read Sheet 1. Sheet 3 - The Match Line at Lot 11 should read Sheet 1. Sheet 4 a. Optional Access Points - Confirm if these are required. If not, this detail should be deleted. If used, they should be shown in both the plan and profile views at the appropriate locations. b. Valve Sump Detail - Clearly indicate which lid is required. (Clarify if the optional lid may be used.) C. Provide a detail of the service line to the house. Show the air intake vent as well as any required backflow preventer. The air intake vent must be set at least 2 feet above the 100 year flood elevation. d. Provide bedding details for the pipe installation. ' U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200411623 County: Craven U.S.G.S. Quad: New Bern NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Z & R Associates LLC, c/o George Chiles - Robert Chiles, P.E. Address: P. O. Box 3496 New Bern, NC 23564 ' Telephone No.: 252-6374702 Size and location of property (waterbody, road name/number, town, etc.) An approximate 22.7 acre tract located on the east side of NCSR 1200 (Countrv Club Road) 0.5 miles south of the intersection with U S Hwy 70 adjacent to an unnamed tributrav that flows to the Trent River in the Citv of New Bern. Craven Countv. North Carolina Indicate Whicli of the Following Applv: _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. X There are wetlands on the above described property 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. ' _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. ' Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2503 to ' determine their requirements. Remarks: Unnamed tributarv is a ma ade canal. Corps Regulatory Official: r / Date 08/11/2004 Expiration Date 08/11/2009 ' Page 1 of 2 Action Id. 200411623 ' Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Scott Jones at 252-975-1616 ext. 27. 1 Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corns Wetland Delineation Manual and is located adjacent to an unnamed tributarv which flows to the Trent River. Corps Regulatory Official (Initial): FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Page 2 of 2 r 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. ® 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 200411783 'Basis of Jurisdictional Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is part of a broad continuum of wetlands connected to the Trent River. The vvaterbodv 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. Corps Regulatory Official: 'Date 01/03/2005 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANT S, ETC., MUST .BE '.ATTACHED TO THE FILE COPY OF THIS FORA, IF REQUIRED OR AVAILABLE. Copy Furnished: 1 Page 2 of 2 Action ID Number:200510077 'I' Permittee: Z & R Associates, LLC ' Date Permit Issued: 01/03/2005 Project Manager: Scott Jones County:Craven 1 Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: ' US AILMY CORPS OF ENGINEERS WILMINGTON DISTRICT WASHINGTONREGULATORY FIELD OFFICE Post Office Box 1000 Washington, North Carolina 27889 ' Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. If you fail to comply with this permit you are subject to permit suspension, modification, or revocation. I hereby certify that the work authorized by the above referenced permit has been completed in I accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. ' Signature of Permittee e Date \ PROPOSED VtTLARD CONSERVATION EASEMENT - 59927 S0. PT. WE7lu40 AREA - EG692 SO. R. Q W£TLUIDS IMPACTED 2327 50. TT. 5751 50. TT. AREA TO UE EXCAVATE TO EXISTIIIG W£TLAfID CRAVE 15-0 RCP 10 $E V.( R ASE 41 N 1111.. 11111 U11U1T EASE III T \ `?1t cm , ( ? ? '= d ` Qe O WEiIANDS IMPACTED 10510 SO. TT. - ,,/ 7? WETLAND AREA - 23660 50. TT. WE LAND AREA IMPACTED - 13137 50. TT. , ? o ??Rr A? cy ??y s ,111111 y $ E13 WETLAND IMPACT MAP TOTAL u£TL-O AREA _ 92360 S0. TT. c -' HIDDEN HARBOR SUB0119510N U /a V) Z & R ASSOCIA TES, L L C _ OTT .1 NEV PER.. TOWN N0. 0. c-," C°U+TT. MMIN con NA EL s /A- -'°-" '- ROBERT M. CHILES, P.E. " NO. ?003190 EfmjfvI! AND CCNSULTA7R7 6OALL• 1' _ T00' NEW PERIL NORTH CAPOLINA o mm _ mm mm m _ _ mm _ _ _ _ _ m'' ' .FOUND6- y_ 1710 DANNY MEADOWS, Director F. u n u I-j C HU Vf ?efa Pan public ?WorU, department P.O. BOX 1129 -Qew ern, P'.& 28563-1129 Z, tree Lrenturie5 of -?Porth Carolina 3E)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) 636-4025 FAX (252) 636-1848 This letter is to advise that your submittal of plans and application are in comnliance with the City of New Bern Stormwater Quality Management and Discharge Control Ordinance. Your plan contains one (1) proposed Structural B2\0. No offset payments are due for total nitrogen reduction. The Structural BLIP technical review fee of 5200, BtifP as- built inspection fee of 5200, and the standard application fee of S'00, for an overall total of S800.00 was received in the original application. Pror 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 bvmy ofrice. (An undated 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 necessarymaintenance of the proposed 3MP 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 lanagement and Discharge Ordinance. '$friiiinu fir Yr?llzn> 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 A Chiles Engineers .? C. T. Clayton, Sr., P. E. Richard Morris, Public Works Superintendent ' John Clark, Chief Building Inspector File CITY OF NEW BERN STORMWATER PERMIT` rrt. ; ,3i (Form SW-010) J. development Hidden Harbor 11wner or Contact, Person Marvin L. Raines, Z & RAssociates, LLC. ?ddress 312 South Front Street New Bern, NC 28560 Date Issued: August 31, 2004 his permit is provided under the City of New Bern Stormwater Ordinance and covers construction ctivities 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 BCvIP) constructed under this permit requires a final, as-built inspection prior to the use of the property as described in the Stormwater Management Plan. ou must call the City of New Bern Stormwater Administrator's office to schedule that inspection. Failure k0arrange for the required inspection prior to beginning the intended use of the property shall void this 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. lAdditional Requirements ,.EAdditional requirements, conditions, variances, and approvals are included as part of this permit as ttached and here referenced: Recorded coov 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 Cf ldal Use Cnly: Stormwater Permit No. 23, Date approved .august 31.2004 VII. List of Adjacent Riparian Property Owners City of New Bern Certified Mail Receipt - 7004 1160 0002 2769 1190 Mr. William B. Hartman, Jr. P.O. Box 1129 New Bern, NC 28563 Olde Town Subdivision Partnership Certified Mail Receipt - 7004 3400 0011 5237 2595 P.O. Box 907 New Bern, NC 28563 0 W 03 l c c N O O J v 0 3 N_ p c 3 N NA O N m CD Z 3 3 m ro 1-4 t'A O NI 0 0 8 W 0 CD O CID c? c N 0 O 0 3 N_ ') A 1 C 1 O C 3 n v N N O N 74 0 0 v e o oDo??o ow 0 0 E-3 ` p a m ?f m 3 3 ? 3 ?` k y y a n nw ry Q Z(p NO a 5 • a= m 5w o Q V c aaN c0i Er ? ? - a 0 S m QEr ? . w m o.o a n `2 W O N S O (D O V W W O O N O <a3 O `D m d O o A ? W ? El ?, = n. a N N 0 0 C 0 a ? ? Q. w ? Q ? ? O c U) v m ? - { n M (D (D 0 (D Gp 7 `z a m p a Q G C1 a 3 -• N J ? a 0 N m CLs j rZo c ? ? 2 srn Z(D< s 0 w O w G A N m Hidden Harbor - CAMA Major Application ROBERT M. CHILES, P.E. ENGINEERS, CONSULTANTS a MARINE SURVEYORS 417-A BROAD ST. P.O. BOX 3496 NEW BERN, NORTH CAROLINA 285643496 18 January 2005 Mr. William B. Hartman, Jr. City Manager - City of New Bern PO Box 1129 New Bern, N.C. 28563 CERTIFIED RETURN RECEIPT 7004 1160 0002 2769 1190 SUBJECT: Hidden Harbor CAMA Major Permit Application BUSINESS: 252.637-4702 FAX: 252-637-3100 rmcengr ©econnect.net Enclosures: (1) NCDENR Division of Coastal Management Application for Permit to Develop In North Carolina's Coastal Area with relevant Application Forms and Work Plats. Dear Mr. Hartman: As an adjacent property owner to our Client, Z&R Associates, LLC, we are providing the above enclosure for your review and comment. In compliance with the application process, we are required to notify the adjacent riparian property owners that they have thirty(30) days from the receipt of this notification within which to comment on the proposed permit application. If you have comments, please direct them to the North Carolina Division of Environmental and Natural Resources (NCDENR), Division of Coastal Management (DCiV1), Washington District, at 943 Washington Square Mall, Washington, NC 27889. Indicate clearly that your comments relate to the Hidden Harbor Subdivision. Should you have any questions regarding the information contained in the application, either contact DCM at 252-946-6481 or feel free to contact our office 252-637-4702 at your earliest convenience. Best regards, George Chiles ROBERT M. CHILES, P.E. MECHANICAL, CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS CCMMERCIAL. INDUSTRIAL. MARINE AND RAILROAD FACILITIES CESIGN FCRENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE ROBERT M. CHILES, P.E. ' ENGINEERS, CONSULTANTS a MARINE SURVEYORS 417-A BROAD ST. BUSINESS: 252.637.4702 P.O. BOX 3496 FAX: 252-637-3100 ' NEW BERN, NORTH CAROLINA 26564.3496 rmcengrOcconned.net 19 January 2005 ' Olde Town Subdivision Partnership PO Box 907 New Bern, N.C. 28563 CERTIFIED RETURN RECEIPT 7004 3400 0011 5237 2595 SUBJECT: Hidden Harbor CAMA Major Permit Application ' Enclosures: (1) NCDENR Division of Coastal Management Application for Permit to Develop In North Carolina's Coastal Area with relevant Application Forms and Work Plats. Dear Adjacent Riparian Property Owner: As an adjacent property owner to our Client, Z&R Associates, LLC, we are providing the above enclosure for your review and comment. ' In compliance with the application process, we are required to notify the adjacent riparian property owners that they have thirty(30) days from the receipt of this notification within which to comment on the proposed permit application. If you have comments, please direct them to the North Carolina Division of ' Environmental and Natural Resources (NCDENR), Division of Coastal Management (DCM), Washington District, at 943 Washington Square Mall, Washington, NC 27889. Indicate clearly that your comments relate to the Hidden Harbor Subdivision. t Should you have any questions regarding the information contained in the application, ' either contact DCM at 252-946-6481 or feel free to contact our office 252-637-4702 at your earliest convenience. ' Yours tuly, George Chiles ROBERT M. CHILES, P.E. 1 ' MECHANICAL. CIVIL, AND MARINE ENGINEERING MARINE HYDROGRAPHIC AND LAND SURVEYS COMMERCIAL, INDUSTRIAL. MARINE AND RAILROAD FACILITIES DESIGN FORENSIC ENGINEERING AND FAILURE ANALYSIS BOUNDARY SURVEYS AND MAPPING SERVICE C VIII. Application Fee - Express Permit ' Robert M. Chiles, P.E., Engineers & Consultants Check No. 28579 Pay to: NCDENR ' $2000.00 L L n n r Hidden Harbor - CAMA Major Application