20041850 Ver 1_Complete File_20041116

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 18, 2005
Mr. Robert M. Chiles
Z&R Associates, LLC
312 South Front Street
New Bern, NC, 28560
Subject Property
Hidden Harbor Subdivision
Waiver of 401 Water Quality Certification
Dear Mr. Chiles
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-1850
Craven County
Your application for a 401 Water Quality Certification to impact up to 0.30 acres of wetlands in order to construct the
Hidden Harbor Subdivision was received in the Division of Water Quality's Central Office on November 16, 2004.
According to our rules [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. Tlierefore, 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However, if additional impact occurs or your development plans change, this waiver is no longer valid and a 401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.
AWK/cbk
Sincerely, /
d
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 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Intemet: http://h2o.enr.state.nc.us/ncwetlands
Non thCarolina
?1;afurally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Triage Check List
Date:

Project Name:

DWQ#: 0`f 135
County: C?..e^
To: ? ARO Kevin Barnett ® WaRO Tom Steffens and Kyle Barnes
? FRO Ken Averitte ? WiRO Noelle Lutheran
? MRO Alan Johnson ? WSRO Daryl Lamb
? RRO Mike Horan
From: s+e?e '('fOsyf
Telephone : (919) ^7 3 3 3 F?7 LI
1
The file attached is being forwarded to your for your evaluation.
Please call if you need assjstance.
1
? Stream length impacted
? Stream determination
? Wetland determination and distance to blue-line surface waters on USFW topo maps
0 Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
? Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
Check drawings for accuracy
? Is the application consistent with pre-application meetings?
® Cumulative impact concern
Comments:

ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
a
MARINE SURVEYORS
417-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
BUSINESS: 252-637.4702
FAX: [phone]
rmc eng r O cconnect. net
November 10, 2004
Mr. Scott Jones
US Army Corps of Engineers
Regulatory Specialist
P.O. Box 1000
Washington, NC 27889
D
NUV Y 6 2004
Re: Hidden Harbor
Action ID 200411782
Dear Scott:
DENR - V ATER QUALITY
E: TLJ !}SfJ?D STORIVATER UW;C"
On be half of our clients, Z & R Associates, enclosed is an application for a
Nationwide 14 Permit relating to the Hidden Harbor subdivision. I have also forwarded
seven copies of the application with a $200 check to the Division of Water Quality in
Raleigh and one copy to the DWQ Washington regional Office.
Should you have any questions regarding this application please contact me at
your earliest convenience.
Yours truly,
George G. Chiles
ROBERT M. CHILES, P.E.
cc: Division of Water Quality -Raleigh Central Office w/ enclosures e Z
Division of Water Quality - Washington Regional Office w/ enclosures
Marvin Raines - Z&R Associates w/ enclosures
RMC #2003190
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
Nationwide 14 Permit Application
FOR
HIDDEN HARBOR
A WATERFRONT RESIDENTIAL SUBDIVISION
DEVELOPED BY
Z & Ilk ASSOCIATES LLC
312 SOUTH FRONT STREET
NEW BERN, N.C. 28560
PREPARED BY
ROBERT M. CHILES, P.E.
Engineers & Consultants
417-A Broad Street
P.O. Box 3496
New Bern, N.C. 28564-3496
office 4robertmchilespe.com
November 10, 2004
Job No. 2003190
??N CARS '•,,
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TABLE OF CONTENTS
APPLICATION FORM
PCN - Preconstruction Notification -(Not Included) Pages 1-4
PCN - Preconstruction Notification -(Page 13, Project Description) Pages 5-13
Wetland Impact Map, Hidden Harbor Subdivision
Authorization of Right to Act as Agent for Z & R Associates
Vicinity Map
Copy of check #28337 to the NCDENR in the amount of $200 for 401 permit
application
ASSOCIATED PROJECT PERMITS
U.S. Army Corps of Engineers
Notification of Jurisdictional Determination
Quad Sheet
1998 NCDOT Orthophotoraph
North Carolina Department of Environment and Natural Resources
Division of Land Resources, Land Quality Section
Letter of Approval with Modifications
Division of Water Quality, Wetlands/401 Unit
Approval of Neuse River Buffer Rule Authorization Certificate
Copy of Stormwater Control Application as submitted July 30, 2004
Current revisions being made to reflect comments by Bill
Moore, DWQ and excavation of upland.
City of New Bern
Letter of Approval - Stormwater Management Plan for Nitrogen Reduction
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
W ection 10 Permit F-1 Isolated Wetland Permit from DWQ
01 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: ?
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: Z & R Associates, LLC
Mailing Address: 312 South Front Street
New Bern. NC 28560
Telephone Number: 252-633-0106 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Robert M. Chiles. P.E.
Company Affiliation: Robert M. Chiles. P.E.
Mailing Address: P.O. Box 3496
New Bern, N.C. 28564-3496
Telephone Number: 252-637-4702 Fax Number: 252-637-3100
E-mail Address:
Page 5 of 13
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Hidden Harbor
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): 8-204-014
4. Location
County: Craven Nearest Town: New Bern
Subdivision name (include phase/lot number): Hidden Harbor
Directions to site (include road numbers, landmarks, etc.):Exit US Hwy 17/70 Bypass at
Pembroke Rd., turn south (towards Trent Woods). Project site is on left approx '/z mile from
bypass , adjacent to Cowell's Cleaners and Professional Auto.
5. Site coordinates, if available (UTM or Lat/Long): 35005'36"N 77003'49"W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): 22.7 +/- acres
7. Nearest body of water (stream/river/sound/ocean/lake): Trent River
8. River Basin: Neuse River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adinin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing conditions varv throuuhout site, portions include
wooded upland, wetlands. prior commercial, and prior residential. General land use in
vicinity include residential and commercial.
Page 6 of 13
10. Describe the overall project in detail, including the type of equipment to be used:
See attached project description.
11. Explain the purpose of the proposed work: Road and utility easement for Hidden Harbor
subdivison.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
See attached copies of issued Permits
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
None
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 7 of 13
1. Provide a written description of the proposed impacts: Placement of 13,137 +/- sq. ft.
of fill in jurisdictional wetlands.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
A Fill 0.30 No 360' +/- Wooded

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www'.fema.eov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to be made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 2.12+/-
Total area of wetland impact proposed: 0.30+/- acres
3. Individually list all intermittent and perennial stream impacts below: N/A
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w•ww.us s.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tonozone.com,
www.mamuest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 13
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below: N/A
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres)
Name Water)
(if applicable) Type of Waterbody
(lake, pond, estuary, sound
bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
5. Pond Creation N/A
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
See attached Project Description
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
Page 9 of 13
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate 'and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwet]ands/stnnQide.htm1.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
See attached project description.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at httn://h2o.enr.state.nc.us/wrp/index.htni. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
Page 10 of 13
IX. Environmental Documentation (required by DWQ)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No ?
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) N/A
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet)

Multiplier Required

Mitieation
1 3
2 1.5
Total
Lone I extends out A feet perpendicular from near bank of channel; Lone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 13
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 213 .0242 or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
See attached copy of Stormwater Management Plan for Hidden Harbor as submitted on July 30.
2004 r viGPd 11/11/n4 as reatiPSteci her nWQ
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Vacuum collection sewer system - City of New Bern
XIII. Violations (required by DWQ)
Is this site in violation of DW Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No ?
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).

n
1570
vApphcant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 12 of 12
PROJECT DESCRIPTION
Hidden Harbor subdivision lies on the south side of Country Club Road. The existing 22.7 acres
will be divided into 31 residential home sites with construction of a roadway and utility improvements.
The main entrance will be located between an existing commercial building and Olde Town
Subdivision. The radius requirements for the entrance road runs through two (2) wetland pockets.
Construction of the entrance roadway will impact approximately 13,137 sq. ft. of wetlands. Fill will be
placed for the construction of roadway and utility easement. Normal road building equipment i.e.
bulldozers, excavators and graders will be used during the construction.
On site mitigation will include excavating approximately 8,781 sq. ft. of upland adjacent to the
entrance wetlands, include the existing driveway bed. Bald cypress trees will be planted at a ratio of 420
per arce to supplement existing canopy trees in the impacted area.. These excavated uplands will be
dug to an average depth equaling that of the wetlands. An 18" RCP pipe will be placed underneath the
proposed entrance road to connect the wetland pockets. An outlet pipe will be set above the existing
wetland grade to prevent ponding but not to change soil hydrology. An additional 58,927 sq. ft. of
exiting wetland will be deed restricted as to prevent filling any portion of the conservation easement
placed on the 58,927 sq. ft. of wetland. The mitigation/minimization calculations are as follows:
Total Wetlands on Site:
Total Wetlands Impacted
Total Uplands Excavated
Wetlands Placed in
Conservation
2.12 acres 92,360 sq. ft.
0.30 acres 13,137 sq. ft.
0.20 acres 8,781 sq. ft.
1.35 acres 58,927 sq. ft.
PROTECT PERMITS ISSUED AND SUBMITTED
U.S. Army Corps of Engineers
Notification of Jurisdictional Determination, Action ID 200411782
NC Department of Environment and Natural Resources
Division of Water Quality
Approval of Neuse River Buffer Rule - Authorization Certificate
Submitted Stormwater Control Plan - July 30, 2004
Division of Land Quality
Letter of Approval With Modifications - Erosion and Sedimentation Control Plan
Citv of New Bern
City of New Bern Stormwater Permit
Page 13 of 13
\ PROPOSED WETLAND CONSERVATION EASEMENT = 58927 SQ. FT.

'
J
° WETLAND AREA = 68692 SO. FT.
W

l °
WETLANDS IMPACTED 2,327 SQ. FT.
8781 SQ. FT. AREA TO BE EXCAVATE
TO EXISTING WETLAND GRADE

18'0 RCP
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WETLANDS IMPACTED 10810 SO. FT. < Q• `; °
'
WETLAND AREA = 2,3668 SQ. FT. >
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WETLAND AREA IMPACTED = 13137 SQ. FT. w
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Ld WETLAND IMPACT MAP
TOTAL WETLAND AREA = 92360 SQ. FT. .J
Q
HIDDEN HARBOR SUBDIVISION
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Z & R ASSOCIA TES
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CITY of NEW BERN. TORTJSHIP NO. S. CRAVEN COUNTY. NORTH CAROLINA
Q s DATE: 10-11-2004_ ROBERT M
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CHILES

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,
2003190
JOB NO. ENGINEERS AND CONSULTANTS
o SCALE' I_' 200' NEW BERN, NORTH CAROLINA
MEMORANDUM:
FROM: Mr. Marvin Raines
Z7R Associates, LLC
312 South Front Street
New Bern, N.C. 28560
TO: Robert M. Chiles, P.E.
Engineers, Consultants, & Marine Surveyor
P.O. Box 3496
New Bern, N.C. 28564-3496
RE: Assignment of Right to Act as Authorized Agent for Z&R Associates LLC,
312 South Front St., New Bern, N.C. Craven County, N.C.
TO WHOM IT MAY CONCERN:
By my signature below I, Marvin Raines, authorize Robert M. Chiles, P.E. to as the agent
representing Z&R Associates, LLC for the purposes of completing and submitting a US Army
Corps of Engineers Nationwide 14 Permit Application for construction'of a road crossing
through jurisdictional wetlands at Hidden Harbor, and supporting documents.
This authorization is effective on the date signed.
t
,lA
Marvin Rames
CRAVEN COUNTY
NORTH CAROLINA
Z&R Associates, LLC
I, 6F? 7 n //e e?T Notary Public for the aforesaid County and State do hereby
certify that Marvin Raines personally appeared before this .?' Day of October, 2004 and
that he acknowledge the execution of the foregoing instrument.
Witness my hand and seal this s
My commission expires: z 0 7
Day of October, 2004
NOTARY PUBLIC
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Name: NEW BERN Location: 035° 05'35.9" N 077° 03'49.2" W
Date: 6110/2004 Caption: HIDDEN HARBOR SUBDIVSION
Scale: 1 inch equals 2000 feet COUNTRY CLUB ROAD
NEW BERN, NC
CopYn9nt (C) 1997, Maptec.',, Inc.
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ROBERT M. CHILES, PE 28337
ENGINEERS & CONSULTANTS
P.O. BOX 3496 66-19/530 He
NEW BERN, NC 28564-3496 , a 3I00
DATE
PAY
I? TO THE s G°O
ORDER OF 7G}'???
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BankofAmerica
ACH RfT 053000196 i?
FOR
11002833711' 1:0 5 3000 1961: 00031LOL9392111
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 200411742 County: Craven U.S.G.S. Quad: NCw Bern
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Z & R Associates LLC c/o George Chiles, Robert `1. Chiles._P.E.
Address: P. O. Box 3496
New Bern, North Carolina 28564-3496
Telephone No.: 252-637-4702
Property description:
Size (acres) 22.7 Nearest Town New Bern
Nearest Waterway Unnamed Tributary River Basin Neuse
USGS HUC 0302020402001010 Coordinates N 35.093747 W -77.063002
Location description Propertv is located on the east side of NCSR 1200 (Countrv Club Road) approximately 0.5
miles south of the intersection with U. S. Hwv. 70 adjacent _to_a_manmade tributarv flowing to the Trent River in the
City of New Bern in Craven County. North Carolina.
Indicate Which of the Following Apply:
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 fmal, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
X There are Navigable Waters of the United States within the above described property 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 wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water
Act (CWA)(33 USC 3 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.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
sug-est 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 9/27/2004. 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 [phone] to
determine their requirements.
Page 1 of 2
Action ID:
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.
Basis For Determination: This site exhibits wetlind 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 waterbodv exhibits an Ordinary Hi(lr
Water Mark as indicated by changes in soil character and absence of terrestrial vegetation and is hvdrolo?jically
connected to the Trent River.
Remarks: Plat is entitled "404 Wetland Survev of Hidden Harbor for Z & R Associates. LLC" and was prepared by
Robert M. Chiles. P. E. on 08/05/2004.
Corps Regulatory Official:
Date 09/28/2004 " Expiration Date 09/28/2009
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 ovmer/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
JURISDICTIONAL. DETERMINATION
U.S. Army Corps of Engineers
DISTRICT OFFICE: CESAW-RG-W
FILE NUMBER: 2004117S2
PROJECT LOCATION INFORMATION:
State: NC
County: Craven
Center coordinates of site (latitude/longitude): 35.093747 / -77.063002
Approximate size of area (parcel) reviewed, including uplands: 22.7 acres.
Name of nearest waterway: Unnamed Canal
Name of watershed: Neuse
JURISDICTIONAL DETERMINATION
Completed: Desktop determination ? Date:
Site visit(s) ® Date(s): 07/13/2004
Jurisdictional Determination (JD):
Revised 8/13/04
? Preliminary JD - Based on available information, ? there appear to be (or) ? there appear to be no "waters of the United States"
and/or "navigable waters of the United States" on the project site. A preliminary JD is not appealable (Reference 33 CFR part
331).
® Approved JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
® There are "navigable waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within the reviewed
area. Approximate size of jurisdictional area: -4.25 acres. v
® There are "waters of the United States" (as defined by 33 CFR part 32S and associated guidance) within the reviewed area.
Approximate size of jurisdictional area: 2.12 acres.
? There are "isolated, non-navigable, intra-state waters or wetlands" within the reviewed area.
? Decision supported by SWANCC/Migratorv Bird Rule Information Sheet for Determination of No Jurisdiction.
BASIS OF JURISDICTIONAL DETERMINATION:
A. Waters defined under 33 CFR part 329 as "navigable waters of the United States":
® The presence of waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in
the past, or may be susceptible for use to transport interstate or foreign commerce.
B. Waters defined under 33 CFR part 323.3(x) as "waters of the United States":
? ( I ) The presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide.
? (2) The presence of interstate waters including interstate wetlands'.
? (3) The presence of other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats,
wetlands, sloughs, prairie potholes, wet meadows, plava lakes, or natural ponds, the use, degradation or destruction of which could
affect interstate commerce including any such waters (check all that apply):
? 0) which are or could be used by interstate or foreign travelers for recreational or other purposes.
? (ii) from which Fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? (iii) which are or could be used for industrial purposes by industries in interstate commerce.
? (4) Impoundments of waters otherwise defined as waters of the US.
? (5) The presence of a tributary to a water identified in (1) - (4) above.
? (6) The presence of territorial seas.
21 (7) The presence of wetlands adjacent' to other waters of the US, except for those wetlands adjacent to other wetlands.
Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). If the jurisdictional water or
.wetland is not itself a navigable .eater of the United States, describe connectionts) to the downstream navigable waters. If B(l) or 3(3)
is used as the Basis of Jurisdiction, document navigability and/or interstate commerce connection (i.e., discuss site conditions, including
wiry the .vaterbodv is navigable and/or how the destruction of the waterbodv could afect interstate or foreign commerce). If 3(2, 4, 5 or
6) is used as the Basis of Jurisdiction, document the rationale used to make the determination. IfB(7) is used as the Basis of
Jurisdiction, docunnent the rationale used to make adjacency 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 waterbody exhibits
an Ordinary High Water Mark as indicated by changes in soil character and absence of terrestrial vegetation and is hydrologically
connected to the Trent River.
Lateral Extent of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
® Ord inary High Water Mark indicated by: ? High Tide Line indicated by:
®
? clear, natural line impressed on the bank
h ? oil or scum line along shore objects

® t
e presence of litter and debris
changes in the character of soil ?
? fine shell or debris deposits (foreshore)
h
i
l
ki

®
destruction of terrestrial vegetation
? p
ys
ca
mar
ngs/characteristics
tidal gages
?
? shelving
other: ? other:
? Mean High Water Mark indicated by:
? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types.
® Wetland boundaries, as shown on the attached wetland delineation map and/or in a delineation report prepared by: Robert NI.
Chiles, P.E.
Basis For Not Asserting Jurisdiction:
? The reviewed area consists entirely of uplands.
? Unable to confirm the presence of waters in 33 CFR part 328(a)(1, 2, or 4-7).
? Headquarters declined to approve jurisdiction on the basis of 33 CFR part 32S.3(a)(3).
? The Corps has made a case-specific determination that the following waters present on the site are not Waters of the United States:
? Waste treatment systems, including treatment ponds or lagoons, pursuant to 33 CFR part 328.3.
? Artificially irrigated areas, which would revert to upland if the irrigation ceased.
? Artificial lakes and ponds created by excavating and/or diking dry land to collect and
retain water and which are used exclusively for such purposes as stock watering, irrigation, settling basins, or rice growing.
? Artificial reflecting or swimming pools or other small ornamental bodies of water created
by excavating and/or diking dry land to retain water for primarily aesthetic reasons.
? Water-filled depressions created in dry land incidental to construction activity and pits excavated in dry land for the purpose
of obtaining till, sand, or gravel unless and until the construction or excavation operation is abandoned and the resulting
body of water meets the definition of waters of the United States found at 33 CFR 32S.3(a).
? Isolated, intrastate wetland with no nexus to interstate commerce.
? Prior converted cropland, as determined by the Natural Resources Conservation Service. Explain rationale:
? Non-tidal drainage or irrigation ditches excavated on dry land. Explain rationale:
? Other (explain):
DATA REViEIVED FOR JURSiDICTIONAL DETERMINATION (mark all that apply):
® Maps, plans, plots or plat submitted by or on behalf of the applicant.
® Data sheets prepared/submitted by or on behalf of the applicant.
® This office concurs with the delineation report, dated 09/17/2004, prepared by (company): Robert %I. Chiles P.E.
? This office does not concur with the delineation report, dated prepared by (company):
? Data sheets prepared by the Corps.
? Corps' navigable waters' studies:
? U.S. Geological Survey Hydrologic Atlas:
® U.S. Geological Survey 7.5 Minute Topographic maps:
? U.S. Geological Survey 7.3 Minute Historic quadrangles:
? U.S. Geological Survey 15 ,`linute Historic quadrangles:
la USDA Natural Resources Conservation Service Soil Survey: Craven
? National wetlands inventory maps:
? State/Local wetland inventory maps:
? FE',1vfAiFIR_NI maps (Map Name & Date):
? 100-year Floodplain Elevation is: (NGVD)
Q Aerial Photographs (Name & Date): CESAW
® Other photographs (Date):09/^•S/200.1
? Advanced Identification Wetland maps:
Site visit/determination conducted on: 07/13/2004
? applicable,;supporting case law:
? Other information (please specify):
'Wetlands are identified and delineated using the methods and criteria established in the Corps Wetland Delineation Manual (87 Manual) (i.e., occurrence of
hydrophytic vegetation, hydric soils and wetland hydrology).
2The term "adjacent" means bordering, contiguous, or neighboring. Wetlands separated from other waters of the U.S. by man-made dikes or barriers, natural
river berms, beach dunes, and the like arc also adjacent.
NOTIFICATION OE ADMINISTRATIVE,APPEAL OPTIONS AND PROCESS AND`
REQUEST FOR APPEAL
licant: Z & R Associates File Number 200411782 Date 09/28/2004
Attached ts_T?
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
)ermission)
PROFFERED PERMIT (Standard Permit or Letter of permission
T'ER1MIIT DENIAL
PRELLMNARY
A-VPKOVED JURISDICTIONAL DETERMINATION
JURISDICTIONAL DETERMINATION
See Section below
A
B
C
D_
F
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision: -Additional information maybe found at httn://?vww:usace arrriymil/in6t/functio is/cw/cecwo/re7 or.
L s regulations at 33 CFR Part 331

3:
c
A: LNI I IAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you
may request that the permit be modified accordingly. You must complete Section II of this form and return
the form to the district engineer. Your objections must be received by the district engineer within 60 days of
the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your
letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your
concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having
determined that the permit should be issued as previously written. After evaluating your objections, the
district env-ineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
PROFFERED PER?417
You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may si-2n the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and
conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal
Process by completing Section II of this form and sending the form to the division engineer. This form must
be received by the division engineer within 60 days of the date of this notice.
P?R?1I1 liu.NL-kL: You may appeal the denial of a permit under the Corps of Engineers :administrative
'onea I Process by completing Section II of this form and sending the form to the division engineer. This form
:rust be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMMNATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II - RE VEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
,,.view officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
:he location of information that is already in the administrative record.
POI I' OF CONTACT FOR QUESTIONS OR INFORMATION:
if you have questions regarding this decision If you only have questions regarding the appeal process you
and/or the appeal process you may contact: may also contact:
`1r. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 91N11
Atlanta, Georgia 30303-8501
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
?overnment consultants, to conduct investigations of the project site during the course of the appeal process. You
%Vill be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
nvesti 2ations.
Date: Telephone number:
Si.nature of appellant or agent.
DIVISION ENGINEER:
Commander
L.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 91I15
Atlanta, Georgia 30303-3490
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State of North Carolina
Department of Environment and Natural Resources
Washington Regional Office
Mchael F. Easley, Gevemor DIVISION OF LAND RESOURCES William G. Ross, Jr., Secretary
LAND QUALITY SECTION
Jule 6.2004
LETTER OF APPROVALWITH MODIFICATIONS
Z & R Associates, LLC
ATTN: Mr. Marvin Raines, Partner
312 South Front Street
New Bern, North Carolina 28560
RE: Erosion and Sedimentation Control Plan No.: Crave-2004-028
Hidden Harbor
SR 1204 - Craven County
Drainage Basin: Neuse
Date Received: June 7, 2004
Responsible Party: Z & R Associates, LLC
Dear Sir:
This office has completed its 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 responsible maintained,
should meet the intent and minimum requirements of the Act. We, therefore, issue this LETTER OF
APPROVAL WITH MODIFCATIONS•
1. A permanent ground cover, sufficient to restrain erosion. must be provided within the shorter of
15 working or 90 calendar days after completion of construction 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 PRE-?T- TING sediment damage to adjoining
properties and/or natural resources resulting from land disturbing acti,,ides through the use of reasonable and
appropriate Best Land Management Practices. based on the approved plan and changing site conditions, during
the course of the project. AS THE DECLARED RESPONSIBLE PARTY YOUR RESPONSIBILITY is to
understand the Act and comply with the following minimum requirements of the Act and the above listed
modifications (if any):
-- an erosion and sedimentation control plan is only valid for 3 years
following the date ofinitial approval, ifno land-disturbing activiry has been
undertaken;
Wa hint' cn'SG?are Maq, Washin; for N?'7 Caru: a 27c.: r_--none - g
2_52-77. 371
An °_rcal Cp;C.-.inry `:.^-= r--- ,-= et-O'e ;c--- :=rsL.ef - pzp=
r-? r
Z & R Associates, LLC
ATTN: Marvin Raines
July 6, 2004
Page 2
-- a copy of the I.ATF_STAPPR0VED soil erosion and control plan must be on
file at the job site;,
-- erosion and sediment control measures or devices were-designed and are to
be installed to safely withstand the runoff resulting from a 10 year storm
event - 65 - 7 inches in 24 hours or 2.5 -3 inches in 1 hour,
-- a buffer zone, sufficient to restrain visible sedimentation. must be provided
and maintained between the land-disturbing activl:y and any adjacent
property or watercourse;
-- new or affected slopes mast be at an angle that can be retained by vegetauve
cover;
-- barren slopes must he provided with a ground cover sufficient to restrain
erosion within the shorter of 15 workin,- or 30 calendar days ofcomnletion
of any phase (rou,-h or Fnal) of Qradin!T.. (RYE GROSS IS NOT in the
approved seeding specifications nor is it an ACCEPT-4BLE substitute ibr
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 oft 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 landdisturbing
activities is to be such that both the area of exposure and the time berween
the land disturbance and the providing of a ground is minimized.
a permanent ground cover. sufj"rcient to restrain erosion. must be nrmided
within the shorter of 15 working or 90 calendar days after comDlerior, of
construction or development; and,
-- except in the case of an emergence. a revised erosior and sedimentation
control plan must be submirted to and approved br this: oCtce prior to
initiating any si- ziftcant changes in the construction. grading or drainage
plans
-- this approval is based. in part, on the accuracy of the information provided
in the Financial Res ponsibilityiOwnership form submirted with the project
plans. You are required to file an amended form if there is any change in
the information included on the form. 7"nis approval and the financial
responsibility,liability cited in it does not automatically transfer with a
change in project ownership.
Be advised that to ensure compliance With the approved plan and the program requirements, unannounced
periodic inspections will be made.- If the implemented plan is determine: to be inadequate, this office may
Z & R Associates, LLC
ATTN: Marvin Raines
July 6, 2004
Page 3
require that it be revised to comply with state law. Failure to comply with am• part of the approved plan or with
any requirements of this program, could result in the taking of appropriate legal action against the financially
responsible party (Z & R Associates, LLQ. One option is the assessing of a civil penalty of up to 55000 for the
initial violation plus up to $000 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 be?inning this project. you are required to either
contact this office to advise Gary Novak (252-946-648 1, ext.326 ) of the construction start-up date, contractor
and an on-site contact person OR, please, complete and return the attached Project Information sh°; t to the above
named
The land-disturbing activity described in this plan may require approval or permitting from other Federal.
State or local agencies. These could include the U.S. Army Corps of Engineers under Article 404 jurisdiction, the
Division of Water Quality - Surface Water Section under stormw•ater regulations (contact Bill Moore, 252-946-
6481, est. 264), count}, 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 adNised that a temporary rule to protect and maintain existing buffers along watercourses in the
Neuse River Basin became effective on July 227 1997. The Neuse River Riparian Area Protection and
Maintenance Rule (15A NCAC 23.0233) applies to all perennial and intermittent streams, lakes, ponds and
estuaries in the Neuse River basin with forest vegetation on the adjacent land or "riparian area". Inriparian areas
with existing forest vegetation in the first 30 feet directly adjacent to the stream, the rule prohibits land
disturbance, new development and fertilizer use within the first 50 feet of land next to the water. Inriparian areas
with forest vegetation that is less than 30 feet wide. the rule prohibits land disturbance, new development and
fertilizer use within the area that contains forest vegetation (but not the entire 50 foot riparian area). For more
information about the riparian area rule, Please contact the Division of Water Quality's Wetland/401 Unit at 919-
733-1786.
Please be advised that all land disturbing activities affecting at least one acre will be required to have a
(federal) NPDES permit. Enclosed is the Construction ActiNiries G-encral Permit - NCGO1OO00 that for this
project. The responsibility for understanding and complying with this permit rests with you. Be aware that
failure to comply with this permit could result in both the State and Federal governments taking appropriate legal
action. Contact the Division of Water Quality - Surface Water Section at [phone] should you have any
questions regarding monitoring and record keeping requirements of the permit.
Sincerely.
Maria A. Rogerson. El
Assistant Re3onal Engineer
\•LAR
Enclosure
w/o enc. Cc: Michael L. Rice, PE, Robert M. Chiles, PE Engineers and Consultants
Ted Tyndall, Division of Coastal Management
via email Jim Mulligan, Division of IN ater Qualitl.
O? \NATF9 Michael F. Easley, Gov©mor
?? QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
_ -7
r Alan W. Klimek, P. E. Director
-i Division of Water Quality
.o ?
Coleen H. Sullins, Deputy Director
Division of Water Quality
April 23, 2004
DWQ Project No. 04-0615
Craven County
Page 1 of 2
Z & R Associates, LLC
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 26 .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).
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 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.uslncwetiands/
Z & R Associates, LLC
Page 2 of 2
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 2B .0233. If you have
any questions or would like a copy of the buffer rules, please call [phone]. This letter does not authorize any
impacts to either Waters of the United States or Waters of the State. Please contact the US Army Corps of Engineers
(USACE), 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 [phone].
Sincerely,
cc: Bob Chiles, 417-A Broad Street, PO Bo
DWQ Washington Regional Office
DLR Washington Regional Office
DCM Morehead City District Office
File Copy
Central Office
U-JA V
'. Klimek, P.E
/Q, Director
New Bern, NC 28564-3496 (FAX [phone])
DWQ 4 040615
Date: April 23, 2004
bz

FOUNDED ( ff v jaf Nefu Peru
t' Vublic 3)9orlt5e?arttnettt
s P.O. BOX 1129
28563-1129
1710
DANNY MEADOWS, Director cVjree Lenturie-q of .Qort1) Crarolina 3L)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 [phone]
FAX [phone]
This letter is to advise that your submittal of plans and application are in compliance
with the City of New Bern Stormwater Quality Management and Discharge Control
Ordinance. Your plan contains one (1) proposed Structural BiViP. No offset payments are
due for total nitrogen reduction. The Structural BMP technical review fee of 5200, BMP as-
built inspection fee of S200, and the standard application fee of 5400, for an overall total of
$800.00 was received in the original application.
Prior to the issuance of a building permit, a recorded copy of a Declaration of
Covenants for Storm and Surface Water Facility Maintenance must-be received bymy office.
(An updated copy of Covenants was issued on January 14, 2003 to replace the one currently
found in the City of New Bern Stormwater Management Manual. Please contact my office
if you need an updated copy.)
This permit also requires the necessary maintenance oftheproposed BMP as set forth
in your operation and maintenance plan and the payment of a yearly inspection fee to the City
of New Bern in the amount set by the Board of Alderman for such inspections, as required
under the City of New Bern Stormwater Quality Management and Discharge Ordinance.
,$frhling fur `gxrrIIrna,
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 M. 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
(Form SW-010)
Development Hidden Harbor
Owner or Contact Person Marvin L. Raines, Z & RAssociates, LLC.
Address

312 South Front Street
New Bern, NC 28560
Date Issued: August 31, 2004
This permit is provided under the City of New Bern Stormwater Ordinance and covers construction
activities as submitted on the Stormwater Management Plan and accompanying drawings, calculations
and other documentation for the period ending August 31, 2006 (2 years from date issued).
Inspection Requirement
Each structural component (Best Management Practice or BMP) constructed under this permit requires a
final, as-built inspection prior to the use of the property as described in the Stormwater Management Plan.
You must call the City of New Bern Stormwater Administrator's office to schedule that inspection. Failure
to arrange for the required inspection prior to beginning the intended use of the property shall void this
permit.
No Modifications
There shall be no modifications to the drainage patterns, structures, operation and maintenance, or other
features approved in Stormwater Management Plan without the prior approval of the Stormwater
Administrator.
Additional Requirements
Additional requirements, conditions, variances, and approvals are included as part of this permit as
attached and here referenced: Recorded copy of Declaration of Covenants
Please keep a copy of this Stormwater Permit at your site. This permit does not supersede any other
permit requirements or approvals required for your development. Your cooperation is appreciated.
Sincerely,
City of New Bern Stormwater Administrator or Representative
Official Use Only: Stormwater Permit No. 23 Date Approved August 31. 2004
STORMWATER MANAGEMENT PLAN
FOR
HID"--.4m HARB(alk
A WATERFRONT RESIDENTIAL SUBDIVISION
DEVELOPED BY
L & 1\ ASSOCIATES, LLC
312 SOUTH FRONT STREET
NEW BERN, N.C. 28560
CONTACT PERSON:
MR. MARVIN L. RAINES
PARTNER, Z & R ASSOCIATES, LLC
[phone]
PREPARED BY
:i
ki
r.:
ROBERT M. CHILES, P.E.
Engineers & Consultants
417-A Broad Street
P.O. Box 3496
New Bern, N.C. 28564-3496
office@robertmchilesr)e.com
JULY 29, 2004
Job No. 2003190
R H CAR
Z _
5 = -
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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
f ADJACENT PROPERTY
SOILS
GENERAL
MAXIMUM ALLOWABLE IMPERVIOUS AREA
STORMWATER BEST MANAGEMENT PRACTICES
SYSTEM OVERVIEW
PROPOSED PONDS
EXISTING POND (WET DETENTION BASIN)
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
prepared by
ROBERT M. CHILES, P.E.
SHEET 1 OF 3 EXISTING CONDITIONS
_ SHEET 2 OF 3 PROPOSED STORMWATER PLAN
SHEET 3 OF 3 STORMWATER FACILITIES DETAILS

.w?
STORMWATER MANAGEMENT PERMIT APPLICATION FORM (SWU - 101, VER 3.99)
WET DETENTION BASIN SUPPLEMENT FORM SWU-102, VERSION 3.99
J
OFFICE USE ONLY::;., :, . _::. ..;,; . _ ._ .::• : __ _ :...: :.
Date Received Fee Paid Permit Number

State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. 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 Street
City: New Bern State: NC Zip: 28560
Telephone Number: ( 252 ) 633-0106
4. Project Name (subdivision. facility, or establishment name - should be consistent with project name or. plans,
specifications, letters, operation and maintenance agreements, etc.):
Hidden Harbor
F 5. Location of Project (street address):
2200 block of Country Club Road
Citv: New Bern County: Craven
6. Directions to project (from nearest major intersection):
Exit US HWY 17/70 Bypass at Pembroke Road, turn south (toward Trent
oods). Pembroke Road becomes Country Club Road: Project site is on the left,
approximately 1/2 mile rrom bypass, ehino owe s eaners an Professional Auto
7. Latitude: 3 5 d 0 5' 3 6" Longitude: 77d03149" of project
8. Contact person who can answer questions about the project:
Name: Mr . Marvin Raines Telephone Number: ( 252 ) 633-0106
Robert M. Chiles, P.E. 252 637-4702
II. PERNIIT INFORMATION:
1. Specify whether project is (check one): X X New Renewal Modification
4 +
Form SNW-101 Version 3.99 Page 1 of 4
?t
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):
_CANIA 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 .
- Stormwater from a portion of the proposed waterfront lots will continue to
scharge overland through the Neuse River Buffer. Runoff from the remainder of
subdivision will be directed via swales and pipes to a stormwater pond and
J??scharged into adjacent existing wetlands.
y 2 St water runoff from this ro'1ect drains to the N e u s e River basin.
c
r

La
orm P
3. Total Project Area: 2 2 . 7 + / acres
5. How many drainage areas does the project have? 2
Overall average
6. Complete the following information for each drainage area. If there are more than two 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 for Prede%eloped/Post developed conditions.
Basin Information I Drainage Area 1 Drainage Area 2
Receiving Stream Name Trent River (via canal) Tributary to Lawson
Receiving Stream Class S B S w NSW I S C S w N SW
Drainage Area 2 7+ - / 5.92 acres 1+/- 22 .0 4 acres
Existing Impervious` Area 2.71 / - - acres - - / 1.29 acres
Proposed Impervious' Area - - / 0 . 91 acres I - - / 4 . 3 2 acres
% Impervious' Area (total) 10°0 / 15 . 400 0 / 25 . 5,0
Impervious' Surface Area Drainage Area 1 Drainage Area 2
On-site Buildings 0 . 59 / see other 0 / see o t h e r
On-site Streets ( 0.83 0 acres 0 / 2.04 acres
On-site Parking 0 / 0 0 / 0
On-site Sidewalks 0 / 0
Otheron-site Residenti 1) 0 / 0.91 acres 0 2.28 acres
Off-site ( 1.29 / 0 acres 0 / 1.29 acres
Total: 2.71 / 0.91 acre 'Total: Total: O 5.61 acres.
' Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,
sidewalks, ?ravel areas, etc.

4 Project Built Upon Area: 2 3 . 1 00
reek
-, Form SWU-101 Version 3.99 Page 2 of 4
7. How was the off-site impervious area listed above derived? Estimated using field observations
and aerial photography of the project site.
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions, outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number, size and the allowable built-upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater management permit number
as issued by the Division of Water Quality. These covenants may not be
changed or deleted without the consent of the State.
2. No more than square feet of any lot shall be covered by structures or impervious materials.
Impervious materials include asphalt, gravel, concrete, brick, stone, slate or similar material bur do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in, piped, or altered except as necessary to provide driveway crossings.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
" construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the integrity
and performance of the system as permitted.
By your signature below, you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and persons
claiming under them, that they will run with the land, that the required covenants cannot be changed or deleted
without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for each
BNIP specified for this project. Contact the Stormwater and General Permits Unit at [phone] for the status
and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
- Form SWU-103 Infiltration Basin Supplement
Form SWU-104 Low Density Supplement
'- Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-Site System Supplement
Form SWU-107 Underground Infiltration Trench Supplement
Form SWU-108 Iveuse River Basin Supplement
Form SWU-109 Innovative Best Management Practice Supplement
_s
?i
0 Form SWU-101 Version 3.99 Page 3 of 4
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 Management Permit Application Form
• One copy of the applicable Supplement Form(s) for each BMP
• Permit application processing fee of 5420 (payable to NCDENR)
• Detailed narrative description of stormwater 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, spot elevations, finished floor elevations
- Details of roads, drainage features, collection systems, 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 authority to another individual or firm so that they may provide information on your
behalf, please complete this section.
Designated agent (individual or firm): Robert M. Chiles, P . E .
Mailing Address: P. 0. Box 3496
City: Neti Bern State: NC Zip: 28564-3496
Phone: ( 2 5 2 1 637-4702 Fax: ( 2 5 2 1 637-3100
VIII. APPLICANT'S CERTIFICATION
- I. (print or t y p e name of person listed in General Information, item 2 ) Marvin R a i n e s
certify that the information included on this permit application form is, to the best of my knowledge, correct and
that the project 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 complies with the requirements of 15A
NCAC 2H .1 0 '
-
Signature: / 0 Date: -614

Form SWU-101 Version 3.99 Page 4 of4
i
Permit No.
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
(to be provided by DifQ)
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 INFORMATION
Project Name: Hidden Harbor
Contact Person: Mr. Marvin Raines Phone Number: [phone]
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 c o n s i d e r a b l y l o w E r
Permanent Pool Elevation 3 ft. (elevation of the orifice)
Temporary Pool Elevation 4.5 ft. (elevation of the discharge structure overflow)
areas
Permanent Pool Surface Area 2 3, 5 0 0 sq. ft
Drainage Area 2 2 . 0 4 ac.
Impervious Area 5.61 ac.
volumes
Permanent Pool Volume 50 , 4 0 0 + / - cu. ft.
Temporary Pool Volume 35 , 250+/ - cu. ft.
Forebay Volume 8,600+/- cu. ft.
(water surface area at the orifice elevation)
(on-site and off-site drainage to the basin)
(on-site and off-site drainage to the basin)
(combined volume of main basin and forebav)
(volume detained above the permanent pool)
(approximately 20% of total vol tnie)
Outer parameters
SA/DAI 2.1 (surface area to drainage area ratio fi-om DWO table)
Diameter of Orifice 2 in. (2 to S day temporary pool draw-down required)
Design Rainfall 1 in.
' Design TSS Removal'- 85 % (minimum 85% required)
i
Form SWU-102 Rev 3.99 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.
'- 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
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.
Annlirnntc Tnitialc
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.
d
e.
g.
?cc below h.
JQQ 6'Z o L. k.
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: 1.61J16 t Nz VV)
A submerged 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.
1. 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.
'5,7 _ "IQ in. A mechanism is specified which will drain the basin for maintenance or an emergency.
Item 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
easement required for access.
III. WET DETENTION BASIN OPERATION AND MALNTENAlINCE 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 does- net- incorporate a vegetated filter at the outlet.
This system (check one) Noes -0-dots. not- incorporate pretreatment other than a forebay.
Form SWU-102 Rev 3.99 Page 2 of 4
-I
J
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 ori ginal 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.
When 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.
BASIN DIAGRAM
(fill in the blanks)
0 Permanent Pool Elevation 3
Sediment Ren oval El. 0 . 7 5 • V75 ____
__________Sediment Removal Elevation 0 7 5 E-25 Bottom Ele ation 0 _\ _0'
Elevation 0 FOREBAY
MAIN POND
Elevations are feet above mean sea level
5. Remove cattails and other indigenous wetland plants when they cover 50% 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.
G
Form SSW-102 Rev 3.99 Page 3 of4
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: Partner, Z & R Associates, LLC
Address: 312 South Front Street, New Bern, NC 28560
Phone: (25?) 633-0?06
Signature:
Date:
Note: The legally responsible parry should not be a homeowners association unless more than 501110 of the lots have been sold and a
resident of the subdivision has been named the president.
m I, 46oR-GE F. -- H I L cs ZE , a Notary Public for the State of iJoZ? i.,j A ,
County of GR-J , do hereby certify that M Av7-IJ 1 N (2•A 1 rJcs
personally appeared before me this 7-q day of ,10('Li , 2OOL , and acknowledge the due
execution of the forgoing wet detention basin maintenance requirements. Witness my hand and official seal,

i
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My commission expires --I 0".c Zta Zvo-3-
Form SWU-102 Rev 3.99 Page 4 of 4
PART III, ITEM 1. DETAILED NARRATIVE
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 23% 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 and
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 (15.40) are 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
other contains approximately 3.80 acres and discharges along an existing property line
swale 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
y drainage pattern of the 1.49 acres offsite crea, and the existing property line swale and site
crossing culvert are proposed to be removed.
The portion of Section 1 that discharges internally contains approximately 6.93 acres,
of which approximately 1.83 acres (26c/70) are proposed impervious. Runoff from this area
and runoff from the 1.49 acre offsite area, of which approximately 0.83 acres (56%) are
impervious, is directed toward a pair of proposed ponds located near the entrance of the
subdivision. The proposed ponds are intended to provide a pre-treatment function for
stormwater runoff from these areas and supplement the treatment provided by the existing
pond. Discharge from the proposed ponds is conveyed via pipe to the existing pond.
The portions of Sections 2 and 3 of the subdivision that drain internally contain
approximately 9.82 acres, 2.50 acres (25%)of which are proposed impervious. Runoff from
these areas and runoff from the 3.80 acres offsite area, of which approximately 0.50 acres
(13%) are impervious, is collected in the stormwater system and conveyed via pipe to the
existing pond for treatment.
The existing pond has a surface area of approximately 0.54 acres and is L-shaped,
with a forebay area 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 26% impervious, 22.04 acres eventually discharging to the
existing pond. Stormwater discharged from the existing pond will follow the existing flow
patterns through adjacent wetlands and the Neuse River Buffer at the headwaters of an
unnamed tributary of Lawson Creek, a tributary of the Trent River.
2AOF4
SUPPLEMENTAL DRAWING
PORTION OF USGS QUADRANGLE NEW BERN

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1 Name: NEW BERN Location: 035° 05'35.9" N 077° 03'49.2" W
Date: 6/10/2004 Caption: HIDDEN HARBOR SUBDIVSION
Scale: 1 inch equals 2000 feet COUNTRY CLUB ROAD
NEW BERN, NC
MANAGEMENT PLAN
NARRATIVE
PROJECT DESCRIPTION
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. Nineteen waterfront and ten inland residential lots ore proposed, and at final
build-out the subdivision will average about 23 o 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-quarters of an acre
at its top of bank is located within Section 3 of the subdivision. The existing pond and
two proposed ponds will function to provide stormwater treatment for a major
portion of the subdivision.
SITE DESCRIPTION
The project site is located in the 2200 block of Country Club Road in the City of New
Bern. The subdivision utilizes approximately 22.7 acres of a nearly 132-acre tract, and
surrounds a man-made canal that covers approximately 10 acres of the tract. The
main portion of the canal extends approximately 3000 feet inland from the west
shore of the Trent River, and has two basins extending northward near the head of
the canal, one about 3C0 feet and another about 600 feet in length. An existing
isolated man-made pond is located within Section 3 of the subdivision, cnd is
approximately 0.76 acres at its top of bank. The portion of the tract that contains
the canal and pond was on active borrow site some decades ago, and it was then
that these features were constructed.
NEUSE RIVER BUFFER
The subdivision contains approximately 3,425 feet of waterfront along the canal.
Because the subdivision is located within the Neuse River Basin, the waterfront
portion of the subdivision is subject to regulation by chapter 15A, sub-chapter 2B,
section .0233 of the North Carolina Administrative Codes, commonly referred to as
the Neuse River Buffer Rules. These rules dictate which activities are allowed within a
50-feet wide riparian buffer directly adjacent to surface waters in the Neuse River
Basin (in this case, the canal). The portion of the rules appropriate to this site dictate
that the riparian buffer is measured horizontally along a line perpendicular to the
canal's centerlines from the most landward limit of the normal water level.
The Neuse River Buffer Rules are currently enforced by the North Carolina
Department of Environment and Natural Resources, Division of Water Quality. The
regional office of that agency is located in Washington, North Carolina, can be
reached via a telephone at [phone], and should be consulted prior to
performing any activity other than those that the rule indicates 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, a 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 areas through a treatment system.
Stormwater discharged from the existing pond will follow the existing flow patterns
through adjacent wetlands and the Neuse River Buffer into the headwaters of an
unnamed tributary of Lawson Creek, a tributary of the Trent River.
Two adjoining offsite areas 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 stormwater system and treated along with the portion of the
subdivision that drains internally.
PROPOSED PONDS
Two ponds are proposed for construction adjacent to the subdivision entrance road.
The ponds are connected via a pipe culvert, and will receive stormwcter runoff from
the internally draining portion of Section 1 of the subdivision and from an adjacent
1.49 acre offsite area that currently discharges and into the canal. The ponds cre
intended to provide a sediment reducing function for stormwater runoff from these
areas and supplement the treatment provided by the existing pond.
EXISTING POND (WET DETENTION BASIN)
An existing pond is located within Section 3 of the subdivision. The pond was
excovated during a previous ownership, when the property was beir:g used as a
borrow site. It is isolated from the waters of the canal, and preliminary investigation
indicates that its permanent pool is at least 3 feet dedp. In its existing configuration,
the pond has a forebay/main body arrangement that discharges by overflowing the
bank near its southeast corner. Water leaving the pond flows overland into and
through adjacent wetlands and the riparian buffer at the headwaters of an
unnamed tributary of Lawson Creek, a tributary of the Trent River. The straight-line
distance from the pond's discharge point to the tributary's headwaters is
approximately 1,300 feet.
Stormwater runoff from Sections 2 and 3 of the subdivision, runoff from an adjacent
3.8 acre offsite area, and the discharge from the proposed ponds are all directed to
the existing pond via pipe. Inlet protection will be installed, and the pond's existing
outlet will be modified and armored as needed to control discharge velocities and
provide protection against erosion.

CALCULATIONS (cont'd)
I
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 cc. x 1.2 Ib/ac/yr
Untreated Export 25.3 Ib/yr / 5.92 ac
Nitrogen Reductions Applied
Riparian Buffer : 30 o
Treated Export 4.3(1.0-0.3)
PORTION DISCHARGING THROUGH POND, WETLANDS AND BUFFER
Total Area 16.75 ac.
Impervious Surfaces 4.32 ac. x 21.2 Ib/ac/yr
Managed Open 12.43 ac. x 1.2 Ib/ac/yr
= 19.3 Ib/yr
= 6.0 Ib yr
25.3 Ib/yr
= 4.3 Ib/ac/yr
= 3.0 lb/ac/yr
= 91.6 Ib/yr
= 14.9 Ib yr
106.5 Ib/yr
Untreated Export 106.5 Ib/yr / 16.75 cc = 6.4 Ib/cc/yr
Nitrogen Reductions Applied
Existing Pond (Wet Detention Basin) :251/17o
Existing Wetlands (Vegetative Filter) : 20 a
Riparian Buffer : 30 a
Treated Export 4.3(l.0-0.25)(1.0-0.20)(1.0-0.3) = 2.7 Ib/ac/yr
NITROGEN OFFSET PAYMENTS
None Required
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MAINTENANCE PLAN (conf'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 3 feet 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 and Litter Removal
Debris and litter removal from the stcrmwater system shall be included as a
part of the inspection process and periodic mowing operations. Particular
attention shall be paid to areas around drainage structures where debris
may cause clogging/obstructions. All trash and debris removed shall be
disposed of according to local, state, and federal regulations.
NON-ROUTINE MAINTENANCE:
Emergency Draining/Mcintencnce.
The Owner shall have a pump(s) available that is (cre) capable of draining
the stormwater ponds for maintenance activities in the event that repairs
require it, or for other emergency situations . If a pond(s) must be drained in
this manner, then the flushing of sediment through the outlet shcll be
minimized to the maximum extent practical.
Structure Repairs and Replacement.
The Owner shall replace all deteriorated inlet/outlet structures when
deterioration from use or age causes them to fail and/or function improperly.
MAINTENANCE COSTS:
The Owner shall be responsible for oil costs associated with the maintenance
(routine or otherwise) and operation of the stormwater retention pond/wet
detention basin system.
COMPLIANCE CERTIFICATION:
Upon completion of construction and prior to operation of this Stormwater
Management System, the design Engineer shall submit to the Division of Water
Quality a certification stating that the permitted facility has been installed in
accordance with the approved plans, specifications, and any additional suppcrting
documentation.

RESPONSIBLE PARTY STATEMENT
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
problems with the system, or prior to any changes that will require a modification to
any issued Stormwater management permit(s).
Name of Owner/ Responsible Party: Z & R Associates, LLC
Address: 312 South Front Street
New Bern, NC 28560
Phone Number: (252) 633 - 0106
Name & Title: Mr. Marvin Raines, Partner
A
Signature:
Date: {fig- 0
Notary Public: I, 49i=oi?-4E Oe-i, cN«155 = , a Notary Public for the State of
lJolz7?t CAtc?In?A County of cZau6&J , do hereby certify that
mp'"I'j zatN65 personally appeared before me this
Z9 day of ..LO t-LA 20±±, and acknowledged the due execution of the
foregoing stormwater system maintenance requirements. Witness my hand
and official seal.
t"?GE19. C y
-22- SEAL
Notary Public
C? A(?Iorm?=ssion expires: ??ac zcP, z??-
coo
DRAWINGS
HIDDEN HARBOR
STORMWATER MANAGEMENT PLAN
(SEE SHEET NAMES)
for
Z & R ASSOCIATES, LLC
prepared by
ROBERT M. CHILES, P.E.
SHEET I OF 3 EXISTING CONDITIONS
SHEET 2 OF 3 PROPOSED STORMWATER PLAN
SHEET 3 OF 3 STORMWATER FACILITIES DETAILS

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VICINITY MAP
SHEET 3 OF 3
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STORMWATER CONTROL PLAN
PROPOSED DETAILS)
Z & R ASSOCIATES, LLC
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