20040615 Ver 1_COMPLETE FILE_20040420

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
July 15, 2005
Z & R Associates, LLC
Attn: Marvin Raines
312 South Front Street
New Bern, NC 28560
Subject Property:
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-06
County: Craven
Hidden Harbor
Canal to the Trent River [03-04-10, 27-101-(39), SB Sw NSW]
Modification of APPROVAL of Neuse River Buffer Rule (15A NCAC 02B .0233) Authorization
Certificate
Dear Mr. Raines:
You have our approval, in accordance with 15A NCAC 02B .0233 and any conditions listed below, to
impact approximately 8,776 ft2 of Zone 1 and 9,115 ft2 of Zone- of the protected riparian buffers for the
purpose of constructing the proposed subdivision road at the subject property as described within your
application dated May 18, 2005. This authorization replaces the previous approval issued on April 23,
2004 and November 8, 2004. In addition, you should obtain or otherwise comply with any other required
federal, state or local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge regulations and DWQ Standards (15A NCAC 02B .0100 and
.0200).
This approval is for the purpose and design that you described in your application. If you change your
project, you must notify us and you may be required to send us a new application. If the property is sold,
the new owner must be given a copy of this authorization and approval letter and is thereby responsible
for complying with all conditions. This approval requires you to follow the conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Amount Approved
nits Plan Location or Reference
Buffers 17,891 (square ft.) Maps dated April 1, 2005
,2. Buffer Mitigation
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] / Internet: hiti)://h2o.enr.state.nc.us/ncwetlands
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
A & R Associates, LLC
Page 2 of 3
7/15/05
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for impacts to the protected riparian buffers is 40,000 square feet as
required under this Authorization'`Certificate and 15A NCAC 2B .0242(buffer mitigation rule).
We understand that you wish to make a payment into the Riparian Buffer Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. In accordance with 15A NCAC 2B .0242(7)(buffer mitigation rule), this
contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2B
.0233(10)(bufferprotection rule). Until the EEP receives and clears your check (made payable
to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization
Certificate shall occur. The EEP should be contacted at [phone] if you have any
questions concerning payment into the Riparian Buffer Restoration Fund. You have one month
from the date of this approval to make this payment. For accounting purposes, this
Authorization Certificate authorizes payment into the Riparian Buffer Restoration Fund to
compensate for 40,000 ft2 of required riparian buffer mitigation for impacts to 17,891 ft2) of
protected riparian buffers; 03-04-10 river and subbasin.
3. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning
fencing (or similar high visibility material) for the areas that have been approved to infringe
within the buffer, wetland or water prior to any land disturbing activities to ensure compliance
with 15A NCAC 2B .0233. \
4. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands,
waters and protective buffers in order to assure compliance for future wetland, water and buffer
impact. These mechanisms shall be put in place prior to impacting any wetlands, waters and/or
buffers approved for impact under this Certification Approval and Authorization Certificate. A
sample deed notification can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.ne.us/ncwetlands. The text of the sample deed notification may be modified
as appropriate to suit to this project.
5. Diffuse Flow
An additional condition is that all stormwater shall be directed as diffuse flow at non-erosive
velocities through the protected stream buffers and will not re-concentrate before discharging into
the stream as identified within 15A NCAC 2B .0233(5).
6. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
7. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-construction Notification. All
A & R Associates, LLC
Page 3 of 3
7/15/05
construction activities, including the design, installation, operation, and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of state
water quality standards, statutes, or rules occur.
Any disputes over determinations regarding this Authorization Certificate (associated with the approved
buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is
subject to review as provided in Articles 3 and 4 of G.S. 150B. This Authorization Certificate shall
expire five (5) years from the date of this letter. .
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions or would like a copy of the buffer rules, please call [phone].
This letter does not authorize any impacts to either Waters of the United States or Waters of the State.
Please contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if
any impacts are proposed to either of these waters.
Sincerely,
Alan W. Klimek, P.E.
AWK/dae
Enclosures: EEP Notification
Certificate of Completion
cc: Tom Steffens, DWQ Washington Regional Office
DLR Washington Regional Office
File Copy
Central Files
Carol Shaw-EEP (check forwarded)
Robert M. Chiles- PO Box 3496, New Bern, NC 28564-3496
Filename: 040615HiddenHarbor(Craven)NBR
?QF \ NA T?9Q Michael F. Easley, Governor
\Q (? William G. Ross Jr., Secretary
OD W17 North Carolina Department of Environment and Natural Resources
p .C Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2B .0242, Z & R Associates, LLC has permission as outlined below to
impact protected Riparian Buffers for the purpose(s) of constructing the proposed road in Craven County.
All activities associated with these authorized impacts must be conducted with the conditions listed in the
attached certification transmittal letter. THIS PERMIT IS NOT VALID WITHOUT THE
ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DATE: July 15, 2005
LOCATION: Hidden Harbor
DWQ PROJECT NO: 04-0615
COUNTY Craven
BASIN/ SUB BASIN 03-04-10
As required by 15A NCAC 2B .0233(9), you are required to coinpensate for the above impacts through
the restoration or enhancement of buffers as outlined below prioiito conducting any activities that impact
or degrade the waters of the state.
Impacts:
17,891 Square feet of Riparian Buffers
Mitigation:
40,000 Square feet of Riparian Buffers
One of the options you have available to satisfy the compensatory mitigation requirement is through the
payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please
sign this form and mail it along with a copy of your Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you
upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL
YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE
ECOSYTEM ENHANCMENT PROGRAM.
Signature, Date
ECOSYSTEM ENHANCEMENT PROGRAM
152 Mail Service Center
RALEIGH, N.C. 27669-1652
[phone]
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]/ Internet: http://h2o.enr.state.nc.us/ncwetiands
Nose Carolina
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An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
MEMORANDUM:
FROM: Mr. Marvin Raines
Z&R Associates, LLC
312 South Front Street
New Bern, N.C. 28560
TO: Robert M. Chiles, P.E.
Engineers, Consultants, & Marine Surveyor
P.O. Box 3496
New Bern, N.C. 28564-3496
RE: Assignment of right to act as Authorized Agent for Z&R Associates, LLC,
Hidden Harbor Subdivision, New Bern, N.C. Craven County, N.C.
TO WHOM IT MAY CONCERN:
By my signature below I, Marvin Raines, authorize Robert M. Chiles, P.E. to as the agent
representing Z&R Associates, LLC for the purposes of completing and submitting a Neuse River
Buffer Impact Modification, and supporting documents.
This authorization is effective on the date signed.
? 0
UAJ/T/Kw
Marvin ain
CRAVEN COUNTY
NORTH CAROLINA
I, BA28fI-& D. R#NCS Notary Public for the aforesaid County and State do hereby
certify that Marvin Raines personally appeared before this I S--- Day of , 2005 and
that he acknowledge the execution of the foregoing instrument. '4-y 4F
Witness my hand and seal this A8 1?k Day of May, 2005
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My commission expires: y e 2y Zed
NOTARY PUBLIC
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MAY 2 3 2005
Office Use Only: pR ?p=Aii iB orm Version May 2002
USACE Action ID No. DWQ No. 04-0615
(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 0 Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
? 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Modification
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: a
II. Applicant Information
1. Owner/Applicant Information
Name:
Mailing Address: Z & R Associates, LLC
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:
Mailing Address: Robert M. Chiles, P.E.
P.O. Box 3496
New Bern, N.C. 28564-3496

Telephone Number:
E-mail Address: 252-637-4702 Fax Number: 252-637-3100
Page 5 of 12
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. %2 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/admin/mays/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing conditions vary throughout site, portions include
wooded upland, wetlands, prior commercial, and prior residential. General land use in
vicinity include residential and commercial.
Page 6 of 12
10. Describe the overall project in detail, including the type of equipment to be used:
See attached cover letter.
11. Explain the purpose of the proposed work: Road and utility crossing for Hidden Harbor
subdivision.
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 proposed.
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 12
1. Provide a written description of the proposed impacts: Neuse Buffer Impact Modification
See attached cover sheet.
2. Individually list wetland impacts below: N/A
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***
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 hqp://www.fema.gov.
*** 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:
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 Irrt act Perennial or
Intermittent?
specify)

* 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
www.usgs ov. Several internet sites also allow direct download and printing of USGS maps (e.g., wwtiv.topozone.com,
www.mapguest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site:
Page 8 of 12
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)
(if Name applicable) Wat) 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 cover sheet.
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 12
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/ncwetlands/strmaide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
See attached cover sheet.
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
[phone] 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 http://h2o.enr.state.nc.us/wrp/index.htm. 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 12
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 Neuse )?
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
Mitigation
1 8,776 3 26,328
2 9,115 1.5 13672
Total 40,000
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
Page 11 of 12
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 2B .0242 or .0260.
See attached cover sheet and enclosed check.
Xl. 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.
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 DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No 0
Is this an after-the-fact permit application?
Yes ? No M
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).
Page 12 of 12
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
ROBERT M. CHILES, P.E.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
TELEPHONE: [phone]
FAX: ' 252.637.3100
robertmchilespe.com
LETTER OF TRANSMITTAL
DATE: N»yzo, zaoS
ATTN: CY.vdi .Y?eocy
JOB NO:,zoo-ri9o
REF: Y/?Ax%V 11,198ove
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WE TRANSMIT
[vrEREWITH
[4'AS REQUESTED
[ ] UNDER SEPARATE COVER
[ ] VIA
FOR YOUR:
[g PROVAL
[DISTRIBUTION
[ ] USE
[ ] INFORMATION
[ ] RECORDS
[ REVIEW AND COMMENTS
THE FOLLOWING: [,rOINTS (] MYLAR
[%,J<OPY OF LETTER [ ] PLANS
[ ] SPECIFICATIONS [„}OTHER ccK
DESCRIPTION: ,e,EYiSCp ?/.Edsct' ,sd??B,e /?T NJdD?F?CA>.ca?
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REMARKS: pcrgsc' CRu,
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SIGNED: ?? (364
MAY 2.3 2005
DENR - WATER QUALITY
ADSAND STo"Wq*? KOCH
COPY TO: gruc F?a6; L0o 31'i0
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
MARINE SURVEYORS
417-A BROAD ST. BUSINESS: 252-637-4702
P.O. BOX 3496 FAX: [phone]
NEW BERN, NORTH CAROLINA 28564-3496 May 3, 2005 [e-mail]
Certified Mail Receipt No. 7004 2510 0000 3103 6369
Ms. Cyndi Karoly
N.C. DENR Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, N. C. 27604
Re: DWQ Project No. 04-0615, Craven County
Neus e Buffer Impact Modification
Enclosures: (1) Copy, RMC, PE letter requesting determination of No Practical Alternatives, dated
February 6, 2004, with enclosures.
(2) Copy, NCDENR, DWQ Approval of Neuse River Buffer Rule, Authorization Certificate
dated April 23, 2004, NCDE-NR DW.Q_Project No. 04-615.
(3) Copy, RMC, PE letter regardirT? euse,River Impact Reduction and requesting
mitigation by.,fee, glued Nove er 1', 2004, "With enclosures.
(4) Copy, NCDENR, DWQ letter regarcnng compliance with Condition No. 1 of the
Neuse Rive(RufferR Authorizaifion`?-3e'rtif(c te, letter dated November 8, 2004,
NCDENR DWQ Project No. 04-615.
(5) Revised-)ID,rdWings, prepared for Z&R Associates, LLC' by Robert M. Chiles, P.E., dated
Aprif 1 -20015 depicting the Neuse River Buff&Irp; ifes, the Neuse River Buffer
"Ndrth" and "West" Impact Area Details. %
(6) Z&R i48'sociotes, LLC check in the amount of $ 1,8,973, fo'mitigation fees.
Dear Ms. Karoly:
On behalf of our client Z&R Associates, LLC, we submit this modification to the Neuse River Buffer
Impact associated with the, Hidden Harbor subdivision, DWQ Project No. 04-0'615.
To review our telephone converscitl6 of March 24, 20Q5, we discussed a need to revise the Neuse
River Buffer impact for this project. Kpropd'sq f s6bdivisionAoa6 altgnrnent passes through the Neuse
River Buffer in two places creating the irripacfs assn, dated 'with1his project. In one of the impact areas,
we shifted the initially authorized alignment into can crdjcen# asement and away from the buffer,
thereby reducing the impact. We presumed-the?1esse-impact alignment to be final (with only City of
New Bern approval pending), and based upon that presumption, provided mitigation by payment for the
lesser impact. In the time since the mitigation was submitted, legal issues related to the use of the
easement have arisen that prevent its use as we intended, requiring that we move the road back toward
the originally approved alignment. The revised impact area is larger than the area already mitigated,
but smaller than the area of the initially approved impact.
Enclosures 1 and 2 are copies of the request for a determination of no practical alternatives and
the Authorization Certificate associated with this project, respectively. The initial approval was for impact
areas totaling 21,838 square feet; 12,287 square feet in zone one and 9,551 square feet in zone 2.
Enclosures 3 and 4 are copies of our submission based upon the presumed final road design plan,
and DWQ's mitigation compliance letter, respectively. As reflected by these enclosures, the buffer
impacts were reduced from 21,838 to 11,107 square feet, with the reduced impacts including 2,384
square feet in zone one and 8,723 square feet in zone 2.
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
The primary factor that enabled us to reduce the proposed impacts was the discovery of a 30
feet wide easement adjacent to the "north" impact area. After a legal review indicated that the
easement could be used, we moved the road alignment into the easement, away from the canal. The
impact areas were calculated and the mitigation by payment based upon the reduce impact was
submitted. In the interim since that submission, one of the adjoining properties over which the easement
passes was sold to a new owner. The new owner has raised a number of issues and caused our client to
initiate a second legal review of the easement. Based upon the latest review, it now appears that we
cannot use the easement as proposed. As a result, we have realigned the road so that it falls completely
within the property line of the project site. Requirements associated with the installation and
maintenance of the various utilities that will serve the subdivision dictated the alignment as shown in the
revised drawings provided as enclosure 5. To help reduce the impacts, a road width of 27 feet (back of
curb to back of curb) is proposed, corresponding to the minimum width allowed by the City of New Bern.
The new road width and revised alignment result in the following impacts:
Right of Way Impacts Roadway Impacts Total
Zone 1 5,591 sq. ft.
Zone 2 2,759 sq. ft.
Applying the appro
a required mitigation area
payment required for the 4
$19,427 previously submitte
provided as enclosure 6.
Please update th
mitigation payment.
3 85 sq, ft-;---,
- 6i,3 6'sci ft. `
rriulfiplii?rs fron- 15A NCA//C'0626 .(
00 sgOare feet. Calculated`purs
gQare feet mitigation area is $ 3
is in a required additional paym
authorization certificate to reflect the
8,776 sq. ft.
9,115 sq. ft.
(3) (b)to these impact areas results in
t to,15A NCAC 02B.0242(7), the
a:J`--Reducing that amount by the
of $8,,9,73, and that amount is
d mitigaItion area and additional
Should you require additional information or have any questions, please contact us at your
convenience.
Very truly yours'
R ?tERr CH`iLES, P.E.
r '
-`Michael L. Rice, P.E.
cc: Mr. Marvin Raines, Z & R Associates, LLC
RIPARIAN ZONE 2 DISTURBED AREA
APPROXIMATELY 2,075 SQUARE FEE
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 3,261 SQUARE FEET
WITHIN PROPOSED ROADWAY
AP ROXIMATELY 5,336 SQUARE FEET TOTA
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RIGHT OF WAY
BACK OF CURB
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EDGE OF CANAL BASED ON FIELD SURVEY OF NORMAL WATER LINE
IMPACT AREAS BASED ON PROPOSED FINAL ROADWAY DESIGN
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. EASEM?N? .
UNDEVELOPED PORTION
i -- OAK DRIVE
j ZRIGHT O Y
RrG T OF AY

RIPARIAN ZONE 1 DISTURBED AREAS > a
APPROXIMATELY 3,829 SQUARE FEET c
WITHIN PROPOSED RIGHT OF WAY c
APPROXIMATELY 3,124 SQUARE FEET
WITHIN PROPOSED ROADWAY
N
APPROXIMATELY 6,953 SQUARE FEET TOTAL $ N
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28925
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GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE, ---- ?prn 12005
40 D 20 40 REVISED NEUSE RIVER BUFFER'NORTH IMPACT AREA ROBERT M. CHILES, P.E.
ATTHE JOB NO - ----- 2003190 ENGINEERS AND CONSULTANTS
HIDDEN HARBOR SUBDIVISION ISCAL.Ei 1 - 40_ NEW BERN, NORTH CAROLINA
1
I
RIPARIAN ZONE 2 DISTURBED AREAS
APPROXIMATELY 684 SQUARE FEET
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 3,095 SQUARE FEET
WITHIN PROPOSED ROADWAY
APPROXIMATELY 3,779 SQUARE FEET TOTAL I I
PROPERTY LINE
+I
In
M

.I.I . J
14 4WAUN
RIPARIAN ZONE 1 DISTURBED AREAS
APPROXIMATELY 1,762 SQUARE FEET
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 61 SQUARE FEET
WITHIN PROPOSED ROADWAY
APPROXIMATELY 1,823 SQUARE FEET TOTAL
CANAL
NORMAL WATER LINE
PROPERTY LINE
3
O
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NOTES:
EDGE OF CANAL BASED ON FIELD SURVEY OF NORMAL WATER LINE
IMPACT AREAS BASED ON PROPOSED FINAL ROADWAY DESIGN
APPROXIMATE LANDWARD LIMIT OF ZONE 1, NEUSE RIVER RIPARIAN BUFFER
APPROXIMATE LANDWARD LIMIT OF ZONE 2, NEUSE RIVER RIPARIAN BUFFER
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GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE, ____ApNI_t, 2m
ao 0 20 40 REVISED NEUSE RIVER BUFFER 'WEST' IMPACT AREA - ROBERT M. CHILES, P.E.
AT THE JOB N0, ____??22 ENGINEERS AND CONSULTANTS
HIDDEN HARBOR SUBDIVISION SCALE, _____ 1" - 4' NEW BERN, NORTH CAROLINA
ADJOINER PARCELS
NEUSE
RIVER
7
U1SpEV?VE SON
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IMPAC qc '
SITE
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"WEST" IMPACT SITE
RESIDENTIAL LOTS
PROPERTY DESCRIBED IN
CRAVEN COUNTY DEED BOOK 2181, PAGE 17
APPROXIMATE LANDWARD LIMIT OF ZONE 2, NEUSE RIVER RIPARIAN BUFFER
J APPROXIMATELY 174,188 SQUARE FEET
f/ APPROXIMATE LANDWARD LIMIT OF ZONE 1, NEUSE RIVER RIPARIAN BUFFER
APPROXIMATELY 113,309 SQUARE FEET
CANAL TO TRENT RIVER
I RESIDENTIAL LOTS c
OLDE TOWNE HARBOR
NOTES, / /,
ADJOINING PARCELS FROM CRAVEN COUNTY GIS WESSITE, NOT FROM ACTUAL SURVEY: MOWN FOR REFERENCE ONLY
!Ij VICIIW MAP >I
omGAp0?///?
SEAL
28925
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A
GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE, ---- Aprn 1_ 2005
4W 200 4W ROBERT M. CHILES, P.E.
NEUSE RIVER BUFFER IMPACT SITES (REVISED)
ATTHE JOB N11 ____??3190 ENGINEERS AND CONSULTANTS
HIDDEN HARBOR SUBDIVISION ISCALEt 1* - 40V NEW BERN, NORTH CAROLINA
V
417-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564.3496
Certified Mail Receipt No
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
5
MARINE SURVEYORS
February 6, 2004
7099 3400 0011 5237 3073
Mr. Jim Mulligan
Water Quality Regional Supervisor
NCDENR, DWQ
943 Washington Square Mail
Washington, N. C. 27889
Re: RMC, PE Project Number 2003190, Clement/Pridgen Property
BUSINESS: 252-637-4702
FAX: [phone]
[e-mail]
Enclosures: (1) Drawing, Z&R Associates, LLC; Project Site Map for the Proposed
Clement/Pridgen_ Property Subdivision, prepared by Robert M. Chile, P.E.
(2) Drawing,,Z&R Associates, LLC Proposed Roadway Alignment for the
Proposed Clement/Pridgen Property Subdivision, prepared by Robert M.
Chile, P.E.
(3) Drawing, Z&R Associate_ALC, Proposed-`West' Disturbance Details for the
Proposed. Clement/Pridgen Property Subdivision, prepared by Robert M.
Chile, P.E.
(4) Drawing, Z&R Associates, LLC, Proposed 'North' Disturbance Details for
the-P-roposed Clement/Pridgen Property Subdivision, prepared by Robert
M. Chile, P.E.
(5) Copy, Letter from Mr. A.D..Willis, III, Real Estate Appraisal Services,
regarding location of the entrance for development of Craven County
Tax Parcel 8-204-021.
(6) Copy, Letter from Mr. Dana E. Outlaw, Dana Outlaw Appraisals, regarding
location of the entrance f,&`development of Craven County Tax Parcel 8-
204-021.
Dear Mr. Mulligan:
On behalf of our client, Z&R Associates, LLC, we request a determination of "No
Practical Alternatives" and the issuance of an Authorization. Certificate to perform a use
designated as "allowable with mitigation" within 15A NCAC 2B.0233(6), the Neuse River Basin:
Nutrient- Sensitive Waters Management Strategy: Protection and Maintenance of Existing
Riparian Buffers, Table of Uses.
Representing the owners, Mr. Marvin Raines car be contacted via mail at Zaytoun
Raines Construction Company, 312 S. Front St., New Bern, N.C. 28560 or telephone at (252)
633-3069.
The project site is located in the City of New Bern, Craven County, between Country
Club Road and the Trent River, as shown in enclosure one. The portion of the site containing
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
4
the proposed impacts is identified as parcel number 8-204-021 by the Craven County Tax
Department, and is described in Craven County Register of Deeds Book 1162, beginning at
page 729. Portions of the project are subject to the jurisdictions of the NCDENR Divisions of
Coastal Management, Land Management, and Water Quality, The US Army Corps of
Engineers, and the City of New Bern.
The activity precipitating this request is the construction of a roadway that will serve a
new subdivision. At two places along its proposed alignment, the roadway will pass parallel to
existing shorelines and through the riparian buffer. The overall subdivision project is focused
around a parcel that contains a decades-old man-made canal. The canal is "F"-shaped and
aligned along the southern property line, with its head being the landward (westward) end,
and its base extended eastward to the Trent River. Its positioning within the parcel creates
two locations where the adjacent property line is less than five feet from or contained within
the fifty feet wide Neuse River riparian buffer,-one-at-the west end and the other at the north
end, respectively. It is at these two locations thdf buffer disturbances are proposed. The
alignment of the proposed roadway is depicted in enclosure two.
It is the intent of our client to build a subdivision road that meets City of New Bern
standards for acceptance-into the public road system. Doing.so requires a minimum fifty-five
feet right of way width. Where the proposed roadway passes through the two locations
described above, the right of way intersects the riparian buffer zones, and results in the
following approximate disturbed'lengfhs and areas:
Zone 1 Zone2
(Lin Ft.) (Sq. Ft.) (Lin Ft.) (Sq. Ft.)
West End: 203 4,651 243 ' 5,053
North End: 230 7,636 273 4,498
The final disturbed areas should be less than those indicated above, as the required
road width is less than that of the right of way, and its position within the right of way is
somewhat variable. Based on a thirty-one feet back of curb pavement width (per City of
New Bern), an initial alignment of the roadway results in the following approximate areas of
buffer disturbance:
Zone l Zone2
(Sq. Ft.) (Sq. Ft.)
West End: 2,638 4,579
North End: 5,875 2,685
The entire project site contains approximately 5,816 linear feet of shoreline. Based upon
that length there is approximately 174,480 square feet of zone one and 113,242 square feet of
zone two within the project site. Accordingly, the proposed right of way disturbances
represent approximate totals of 7.0 percent of zone 1 and 8.4 percent of zone 2 of the onsite
r•
riparian buffers. The extent of the riparian buffer on the entire project site is depicted in
enclosure one. Details of the disturbed areas created by the proposed right of way are
depicted in enclosures three and four.
Two available alternative entrance configurations and attendant road alignments
have been investigated in addition to the one proposed in an attempt to. identify a practical
alternative that will reduce the proposed riparian buffer disturbances.
One alternative considered utilizing the one portion of the canal parcel that fronts
Country Club Road. That portion of the tract extends landward from the head of the primary
canal, is adjacent and roughly perpendicular to the section of property line that is within five
feet of the riparian buffer. The position and alignment of this tract portion creates an
entrance road that is collinear with and terminates near the west end of the primary canal. At
its terminus, a tee intersection would .be-requiredlh -order for the entrance road to connect
with any road designed to serve.the entire subdivision. Additionally, an entrance road with
this alignment at this location would require the installation of'a structure at the west end of
the canal capable of preventing inadvertenfe ntrance into the canal by wayward vehicles.
With the tee intersection located within. the riparian buffer,. and the addition of a safety
structure, it is likely that this-alternative will increase the disturbed area.
The second alternative considered utilizing an entrance through an adjoining
subdivision north of the canal parcel: An as yet undeveloped road depicted in maps of the
adjoining subdivision recorded -in`1946-and cigain in-1.951 is shown-ir}-enclosure one. The
recorded maps indicate thirty and forty feet wide. rights of way for the subdivision's roads, and
as that width does not meet current City of New Bern standards, any chosen entrance path
through that subdivision must be improved to cu rrentstandards. Dismissing any right of way
concerns, an entrance road created through this-route would enter the project site east of
both impacted areas. Although this is acceptable in and•of itself, a problem similar to that
experienced by the first alternative discussed continues to exist. Regardless of the entrance
location, any road designed to serve the entire subdivision and connected to this entrance
will still require passing through both disturbed areas. As such, this alternative will not better
minimize the disturbances to the buffer.
To further investigate the entrance alternatives, the developers sought the opinion of
two real estate appraisal services. As is evidenced by enclosures five and six, both appraisers
concluded that it is in the best interest of the subdivision to develop an entrance from Country
Club Road.
It is the intent of the proposed plan to create a unified subdivision, served by one
entrance and one primary road. The position of the canal within the project site creates three
distinct areas within the proposed subdivision, one each to the north, south and west of the
canal. Any single primary road proposed to serve the subdivision must extend from the north
area to the south area and doing so requires passing through both riparian areas.
r'
The proposed buffer disturbances can be minimized by any one of the following
alternatives:
• Create the subdivision with two individual sections. Doing so provides the
ability to eliminate one buffer disturbance:
• Develop only the north and south sections, creating two individual
sections and eliminating both disturbances:
• Purchase the five adjoining parcels nearest the canal to provide sufficient
upland ground and realign the proposed roadway outside of the buffer:
• Don't develop the property at all.
Creating the subdivision with two individual sections, with or without the west area
included, requires the construction of two entrances. Employing these alternatives disrupts
the continuity of the subdivision and causes the developer to incur the additional expense of
a second entrance developed to City-of N-ew Bem standards. The discontinuity created, with
or without the west section developed will likely reduce the value of all lots created in the
subdivision. This devaluation, the potential loss of one=fourth of the lots (without the west
section developed) and the cost of gsecond e trance creates an unreasonable financial
burden upon the developer. As such, these ale not practical alternatives.
Purchasing five parcels, currently located within the adjoining subdivision has been
investigated and determined to be neither practical nor financially reasonable.
Not developing-the-property is an unfair request of the property developers.
To control the impacts associated with the disturbances, typical erosion and sediment
control and stormwater best management practices (BMP) will be employed. Although a
final stormwater BMP design has not been reached, the. roadway will utilize curb and gutter
and be sloped away from the shoreline where it'pdsses through the buffer. Stormwater will be
passed through a treatment device before being released.
Should you require additional information or have any questions, please contact us at
your convenience.
Very truly yours,
ROBERT M. CHILES, P.E.

Michael L. Rice, P.E.
cc:
Z&R Associates, Mr. Marvin Raines, w/enclosures
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--- -- -- MST l .CHILES P
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1 Sheet, Apt. No.; or PO Box .
-- ----------- P03-OU496
ice- City, State, ZIP+4 -----------------------------
E BERN NC 28564-3496

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item 4 if Restricted Delivery is desired.

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PS Form 3811, August 2001 Domestic R eturn Receipt 102595-02-M-1540
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( NEUSE
PROPERTY LINES RIVER
(
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1 VICINITY MAP 1
PORT?DN
VNpE f pRN6
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'NORTH` DISTURANCE AREA
PROJECT SITE
CRAVEN COUNTY TAX PARCEL 8-204-021
APPROXIMATE LANDWARD LIMIT OF ZONE 2, NEUSE RIVER RIPARIAN BUFFER
APPROXIMATELY 174,480 SQUARE FEET
APPROXIMATE LANDWARD LIMIT OF ZONE 1, NEUSE RIVER RIPARIAN BUFFER
or /.APPROXIMATELY 113,242 SQUARE FEET
............................................. ................,................ . - ................................. ,
"WEST" DISTURBANCE AREA
..........1: .......................... . - - -- CANAL TO TRENT
PROJECT SITE BOUNDARY
T SITE
PARCELS
IW TAX MAP
TOWNE HARBOR
NOTES:
PARCEL DEPICTIONS, PROPERTY LINES AND PROJECT BOUNDARY TAKEN FROM CRAVEN COUNTY GIS WEBSITE. NOT FROM ACTUAL SURVEY
GRAPHIC SCALE Z&R ASSOCIATES, LLC DATES ___ FEB 02, 2ooa
400 0 200 400 PROJECT SITE MAP
FORTHE JOB NO - _____2003190
PROPOSED CLEMENT/PRIDGEN PROPERTY SUBDIVISION SCALEI ____ 1_ °_400'
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ENCLOSURE 1
ROBERT M. CHILES, P.E.
ENGINEERS AND CONSULTANTS
NEW BERN, NORTH CAROLINA

PROPOSED ROADWAY ALIGNMENT
O
'NORTH
o D 'TURBA E \
l0J
'WEST' DISTURBANCE
PROJECT SITE
CR:ESIDEN AL LOTS
TOWNE HARBOR
PROJECT SITE
CRAVEN COUNTY TAX PARCEL 8-204-021
CANAL TO TRENT RIVER
NQTES
PARCEL DEPICTIONS, PROPERTY LINES AND PROJECT BOUNDARY TAKEN FROM CRAVEN COUNTY GIS WESSITE, NOT FROM ACTUAL SURVEY
.?` H CAR
SEAL
5365
•
ENCLOSURE 2
4U0 GRAPHICD SCALE 200 400 Z&R ASSOCIATES, LLC DATES ___ FEB_02, 2ooa ROBERT M. CHILES, P.E.
PROPOSED ROADWAY ALIGNMENT JOB NO.
____ 20o3tso ENGINEERS AND CONSULTANTS
FORTHE
PROPOSED CLEMENT/PRIDGEN PROPERTY SUBDIVISION SCALE, _____1" "_400' NEW BERN, NORTH CAROLINA
+I
(Y)
a-
+1
(y)
0
Cil
PROJECT SITE BOUNDARY
RIPARIAN ZONE 2 DISTURBED AREA
APPROXIMATELY 5,053 SQUARE FEET
WITHIN PROPOSED RIGHT OF WAY
IPROJECT SITE BOUNDAR

RIPARIAN ZONE 1 DISTURBED AREA
APPROXIMATELY 4,651 SQUARE FEET
WITHIN PROPOSED RIGHT OF WAY

/ t-.....
/ APPROXIMATE LANDWARD LIMIT OF ZONE 2, NEUSE RIV?R%
........
.................................................
i SEAL
NOTES:
_ 5365
PROJECT BOUNDARY AND ADJACENT PROPERTY LINES TAKEN FROM CRAVEN COUNTY GIS WEBSITE, NOT FROM ACTUAL SURVEY
EDGE OF CANAL BASED ON FIELD LOCATION OF TOP OF BANK
GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE, --_ FEB-02, 2004
40 D 20 40 PROPOSED 'WEST' DISTURBANCE DETAILS JOB No. 2003190 E
FOR THE ------ l90
PROPOSED CLEMENT/PRIDGEN PROPERTY SUBDIVISION SCALE- ----- ?"__!0_
' A Y. cl
?. ENCLOSURE 3
CHILES, P.E.
IAND CONSULTANTS
NEW BERN, NORTH CAROLINA
APPROXIMATE LANDWARD LIMIT OF ZONE 1 , NEUSE RIVER. RIPARIAN
..............................................................................

ARIAN ZONE 2 DISTURBED AREA
OXIMATELY 4,498 SQUARE FEET
?iiw PROPOSED RIGHT OF WAY
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RIPARIAN ZONE 1 DISTURBED AREA : c
APPROXIMATELY 7,636 SQUARE FEET s ;
?Al WITHIN PROPOSED RIGHT OF WAY
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NOTES:
PROJECT BOUNDARY AND ADJACENT PROPERTY LINES TAKEN FROM CRAVEN COUNTY CIS WEBSITE, NOT FROM ACTUAL SURVEY
EDGE OF CANAL BASED ON FIELD LOCATION OF TOP OF BANK ENCLOSURE 4
GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE, ___ FEB 02, ?ooa ROBERT M. CHILES, P.E.
40 o zo 40 PROPOSED 'NORTH' DISTURBANCE DETAILS JAB NO. FORTHE ____ 2003190 ENGINEERS AND CONSULTANTS
PROPOSED CLEMENT/PRIDGEN PROPERTY SUBDIVISION SCALE, _____:_---4-'O-' NEW BERN, NORTH CAROLINA
Jan. ju. Luv4 Iv:4imm ?,LllIU I [I cnrivvn- RAIRLo

A.D. Willis, III
Real Estate Appraisal Services
P.O. Box 12009
New Bern, N.C.
January 8, 2004
Mr. Marvin L. Raines
312 S. Front St.
New Bern, NC 28560
.. v. .Y ? i r a.
Re, Country Club Road-Property
Craven County Tax Parcel
Mr, Raines 8-204-021
At your request, I have inspected the property referenced above specifically with respect
to the location of the entrance for residential development. In our conversation you
indicated there were two (2) distinct possibilities for the location of the entrance to th.
development. 1) To enter the subdivision via an entrance from Country Club Rd
identified on the attached map as option 1.2) Enter the subdivision from an entrance to
be developed from Oak Dr. via Elm Dr. Option 2 on attached map.
I have inspected the subject property and the site for entry to the development. It
appears that the cost of roadways and development would be nearly identical for each
entrance. The only difference would be in the marketability of the developed home sites.
Country Club Rd. site offers the best opportunity to establish an upscale identity for the
subject development as well as the greatest exposure to the general public. This is due
to the high traffic volume on Country Club Rd. and close proximity to the Olde Town
Development entrance as compared to Site 2. This will result in a the possibility of a
shortened marketing due to the exposure evidenced by lowered carrying cost for the
development period. Elm Dr to Oak Dr. Site has many older homes in poor condition
indicating a lower socio-economic standing which would influence a typical purchaser of
the home sites developed. This would result in lower sales prices for the home sites.
In summary it is my opinion that there would be a substantial economic benefit to
utilizing the Country Club Rd. entrance to the development due to the disparity in sales
prices of the finished home sites and extended marketing time involved with the Elm Dr
to Oak Dr. entrance.
If I ma??of further service in this matter please do no hesitate to contact me.
R c
Wi ? , III
Appraiser

Dana Outlaw Appraisals He No.
Post Office Box 414
New Bern, North Carolina 28562
Dana E. Outlaw
NCSC A-269
1-15-2004
Mr. Marvin Raines
312 S. Front Street
New Bern, NC 28560
Dear Mr. Raines,
Office: [phone]
Mobile: [phone]
Phone/Fax: [phone]
Pursuant to your request on information germane to a possible entrance to property shown in Tax Parcel
8-204-021, please find the following information. Per your request, we have visited the proposed site of a new
development contiguous to Olde Towne and find the property to be ideal for future development. There
appears to be two possible sources of egress and ingress to the property. The location of a possible entrance
from Country Road due to present and future maintenance and utilities associated with this site appears more
favorable than a possible entry point at Oak Drive through Elm Drive. Reference is made to this side on
attached map. Possible development costs for both entrances appear similar, however, due to present traffic
counts and future need for Country Club Road versus the Oak Drive site would make the Country Club Road
more ideal. Future overall surrounding changes to Country Club Road would be considered minimal versus
drainage and other development issues associated with the Oak Drive entrance. The Country Club Road
entrance would dive better exposure to the development than the Oak Drive site.
It is the opinion of the appraiser that the Country Club site entrance is superior to any consideration of the
Oak Drive entrance with respect to marketing, ability to "work" with present improvements already installed
per City of New Bern. This site reminds me of the Haywood Farms site with one entrance that was
considered ideal for Haywood farms residents with respect to minimal "drive through" traffic due to one
entrance which was approved by the City of New Bern.
If I can be of any further assistance to you in this matter, please do not hesitate to contact my office.
Sincerely,
Dana E. Outlaw
OF W ATF9
t
0? 4?G William G. Ross Jr. Secretary
North Carolina Department of Environment and Natural, Resources
?- Alan W. Klimek, P. E. Director
.
=?r _I Division of Water Quality
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 2B .0233(8)), failure to issue an approval or denial within 60 days of
receipt of a complete submission shall constitute that the applicant has demonstrated "no practical alternatives". Therefore,
DWQ has waived the "no practical alternatives"` determination` for your plans to impact 21,838 square feet (or 0.5 acres) of
protected riparian buffers to construct the proposed subdivision road at the subject property as described in your
application. As such, the stream and buffer impacts are approved. However, please be aware that you must follow the
plans as described within your application dated February 6, 2004 and all other conditions of the Neuse River Buffer Rules
and those listed below. You must also obtain or otherwise comply with all other required State, Federal and Local
regulations, including but not limited to DWQ Standards (15A NCAC 02B .0100 and .0200).
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. For this
approval to be valid, you must follow the conditions listed below.
Conditions:
1. Buffer Mitigation Determination - As you stated within your request, the proposed subdivision road is designated as
an "allowable with mitigation" use within 15A NCAC 02B.0233(6). Uses designated as "allowable with mitigation"
require an approved appropriate mitigation strategy pursuant to 15A NCAC 02B .0233(10) before the buffer impacts
can proceed. As such, you are required to provide a mitigation proposal pursuant to 15A NCAC 02B .0242 and
obtain approval from the DWQ of the proposal prior to impacting the protected buffers. The area of mitigation
required under 15A NCAC 02B .0242 is calculated as impacts to Zone 1 multiplied by 3 and impacts to Zone 2
multiplied by 1.5. If you intend to impact the all of the buffers within the right-of-way, then your required area of
mitigation shall be 51,187.5 square feet. We understand, as per your request, that the final disturbed areas should be
less, as the required road width is less than the right of way. As such, the DWQ is willing to accept a mitigation
proposal that accounts for accurate buffer impacts based on a final design plan. Your options for meeting this
mitigation determination are payment into the Riparian Buffer Restoration Fund, Donation of Real Property, or
Restoration or Enhancement of non-forested Riparian Buffers as per 15A NCAC 02B .0242(6).
2. Diffuse Flow -An additional condition is that all stormwater shall be directed, as diffuse flow at non-erosive velocities
through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within
15A NCAC 2B.0233(5).
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), http://h2o.enr.state.nc.us/ncwetlands/
Z & R Associates, LLC
Page 2 of 2 r
April 28;'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
DWQ Washington Regional Office
DLR Washington Regional Office
DCM Morehead City District Office
File Copy
Central Office
U11 I/Ay
1. Klimek, P.E
dQ, Director
New Bern, NC 28564-3496 (FAX [phone])
DWQ # 040615
Date: April 23, 2004
bz
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
MARINESURVEYORS
417-A BROAD ST. BUSINESS: 252-637-4702
P.O. BOX 3496 FAX: [phone]
NEW BERN, NORTH CAROLINA 28564-3496 November 1, 2004 [e-mail]
Certified Mail Receipt No. 7099 3400 0011 5237 2731
Mr. Robert Zarzecki
N.C. DENR Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, N. C. 27604
Re: DWQ Project No. 04-0615, Craven County
Neuse Buffer Impact Reduction
Enclosures: (1) Copy, NCDENR, DWQ Approval of Neuse River Buffer Rule Authorization Certificate
dated April 23, 2004.
(2) 4 Drawings prepared for Z&R Associates, LLC by Robert M. Chiles, P.E., dated
August 11, 2004 depicting the Neuse, River Buffer Impact, the Neuse River Buffer
"North" and "West Impact Area, Details.
Dear Mr. Zarzecki:
We submit these enclosures for your review and approval in response to the instructions contained
in your email message of October 15.
The enclosed authorization certificate was issued for construction of the main road within a new
waterfront subdivision. It authorizes a proposed impact area of 21,838 square feet and indicates a
required mitigation area of 51,187.5 square feet.. These quantities are based upon an initial roadway
alignment and the certificate includes a stateme'f of. DWQ's willingness to-accept a mitigation proposal
that based upon the buffer impacts related to a finat design plan. The roadway design is now presumed
fir, 31, and the impacts associated with the final design: are as follows:
Right of Way Impacts Roadway Impacts Total
Zone 1 2,323 sq. ft. 61 sq. ft. 2,384 sq. ft.
Zone 2 2,584 sq. ft. 6,139 sq. ft. 8,723 sq. ft.
Applying the appropriate multipliers from 15A NCAC 02B .0242(3)(b)to these impact areas results in
a required mitigation area of 20,236.5 square feet. Calculated pursuant to 15A NCAC 02B .0242(7), the
payment required for the 20,236.5 square feet mitigation area is $19,427.
Please update the buffer mitigation determination contained in the authorization certificate and
advise us how to proceed with mitigation by payment.
Should you require additional information or have any questions, please contact us at your
convenience.
Very truly yours,
BERT M. CHILES,. P.E.
Michael L. Rice, P.E.
cc: Mr. Marvin Raines, Z & R Associates, LLC
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
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PROPERTY DESCRIBED IN
CRAVEN COUNTY DEED BOOK 2181, PAGE 17
APPROXIMATE LANDWARD LIMIT OF ZONE 2, NEUSE RIVER RIPARIAN BUFFER
APPROXIMATELY 174,166 SQUARE FEET
APPROXIMATE LANDWARD LIMIT OF ZONE 1, NEUSE RIVER RIPARIAN BUFFER
APPROXIMATELY 113,309 SQUARE FEET
CANAL TO TRENT RIVER
NOTES,
ADJOINING PARCELS FROM CRAVEN COUNTY GIS WEBSITE, NOT FROM ACTUAL SURVEY: SHOWN FOR REFERENCE ONLY
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GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE, _AUGUST 11, 2004
400 200 ROBERT M. CHILES, P.E.
NEUSE RIVER BUFFER IMPACT SITES AND SURROUNDING AREA
---- o ENGINEERS AND CONSULTANTS
60 AT THE JOB No, -----200319
HIDDEN HARBOR SUBDIVISION SCALE, _____I* ° 400' NEW BERN, NORTH CAROLINA
RIPARIAN ZONE 2 DISTURBED AREAS
APPROXIMATELY 1,984 SQUARE FEE
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 3,044 SQUARE FEET
WITHIN PROPOSED ROADWAY
AP ROXIMATELY 5,028 SQUARE FEET TOTA
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EDGE OF CANAL BASED ON FIELD SURVEY OF NORMAL WATER LINE
IMPACT AREAS BASED ON PROPOSED FINAL ROADWAY DESIGN
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UNDEVELOPED PORTION
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GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE[ _AUGUST 11, 2004
40 0 20 40 NEUSE RIVER BUFFER 'NORTH' IMPACT AREA DETAILS ROBERT M. CHILES, P.E.
AT THE JOB NO. _____2003190 ENGINEERS AND CONSULTANTS
HIDDEN HARBOR SUBDIVISION SCALE S _____ 1" m 40' NEW BERN, NORTH CAROLINA
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187
RIPARIAN ZONE 2 DISTURBED AREAS
APPROXIMATELY 600 SQUARE FEET
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 3,095 SQUARE FEET
WITHIN PROPOSED ROADWAY
APPROXIMATELY 3,695 SQUARE FEET TOTAL
PROPERTY LINE
PROPERTY LINE
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NOTES:
EDGE OF CANAL BASED ON FIELD SURVEY OF NORMAL WATER LINE
IMPACT AREAS BASED ON PROPOSED FINAL ROADWAY DESIGN
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NORMAL
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In
RIPARIAN ZONE 1 DISTURBED AREAS
APPROXIMATELY 1,389 SQUARE FEET
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 61 SQUARE FEET
WITHIN PROPOSED ROADWAY
APPROXIMATELY 1,450 SQUARE FEET TOTAL
CANAL
• .
APPROXIMATE LANDWARD LIMIT OF ZONE 1, NEUSE RIVER RIPARIAN BUFFER
? APPROXIMATE LANDWARD LIMIT OF ZONE 2, NEUSE RIVER RIPARIAN qVOO? A,,Ilfsr?i®d .
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GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE ____AuA11, zoo4 40 ao G 20 NEUSE RIVER BUFFER 'WEST' IMPACT AREA DETAILS - ROBERT M. CHILES, P.E.
AT THE JOB NO. ----- ??3190 ENGINEERS AND CONSULTANTS
HIDDEN HARBOR SUBDIVISION SCALE, _____??_° 4-0' NEW BERN, NORTH CAROLINA

Nov.":17, --LUU4tilL:a lrNi
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M1cnAci r, nasley, t;ovemor
William G Ross Jr., secretary-
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 8, 2004
Z & R Associates, LLC
Attn: Mr. Marvin Raines
Zoytoun Raines Construction Co.
312 S. Front Street
New Bern, NC 28560
DWQ Project # 04-0615
County: Craven
Page 1 of 2
Subject Property; Clement/Mdgen Property, Country Club Road, New Bern, NC
Canal to Trent River [03-04-10, 27-101-(39), SB Sw NSW]
Neuse River Buffer Rule (13A NCAC 02B.0233)
Compliance with Condition No. 1 of 04.0615 Authorization Certificate Issued on April 23, 2004
Dear Mr. Raines:
On November 5, 2004, the Division of Water Quality (DWQ) received a letter from your engineer, Robert
M. Chiles, P,E., dated November 1, 2004 requesting the DWQ to "update the buffer mitigation
determination contained in the authorization certificate and advise us how to proceed with mitigation by
payment". The letter detailed the buffer impacts based upon the final design plans. The impacts have
been reduced from the 21,838 ft' to 11,107 fti.
As stated within Condition No. 1 of your April 23, 2004 authorization certificate, you are required to
mitigate for impacts to the protected riparian buffers. The required area of mitigation (based on the
updated information provided within the November 1, 2004 letter described above) to compensate for
impacts to the protected riparian buffers is 20,236.5 square feet as required under the April 23, 2004
Authorization Certificate and 15A NCAC 2B .0242(buffer mitigation rule). We understand that you wish
to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ
to be a suitable method to meet the mitigation requirement of your April 23, 2004 authorization
certificate. In accordance with 15A NCAC 213 ,0242(7)(buffer mitigation rule), this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2B ,0233(l0)(bu;rfer protection rule),
Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into the Riparian Buffer
Restoration Fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Riparian Buffer
Restoration Fund to compensate for 20,236,5 ft3 of required riparian buffer mitigation for impacts
to 11,107 fti of protected riparian buffers; 03-04-10 river and subbasin, 27.101-(39) stream index
number.
Also, please note that you still must comply with all other conditions of your April 23, 2004 authorization
certificate including diffuse flow per Condition No. 2 and certificate of completion per Condition No. 3.
401 wetlands Cartlfimtlon Unit
1650 Mall SeNfce Canter, Raleigh, North Carolina 27899.1650
2321 Crabtree @ouievard, Suite 250, Aeleigh, North Caroline 27661
Phone: [phone] PAX 919.733-68931 Internet ntto:ph?o,enr:atate.rc.us/ncwaelPnrta
Unc
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An Equal Opportunlly/AflirmatVe Acton Employer-4.50% Aecyctetll10% Post Consumer Paper
Noll. I7. 2UU4 12.18FM CENTURY 21 ZAY70UN-RAINES Z&:No.42U7atesP. 2,
Page 2 of 2
November 8, 2004 -
If you have any.questions or would like a copy of the buffer rules, please call (919) 733=1786. This letter
does not authorize any impacts to either Waters of the United States or Waters of the State, Please
contact the US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any
impacts are proposed to either of these waters.
Sincerely,
CU
Alan W, Klimek, P,E,
AWK/C23K/bz
Enclosures: EEP Notification
cc: Tom Steffens, DWQ Washington Regional Office
File Copy
Central Files
Filename: 04-0615
WATF Michael F. Easley, Governor
?4
O?
Q William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C? Alan W. Klimek, P. E. Director
-1 Division of Water Quality
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 0213.0233) AUTHORIZATION CERTIFICATE
Dear Mr. Raines:
Your application for a Neuse River Buffer Authorization Certificate dated February 6, 2004 was received in the Washington
Regional Office of the Department of Environment and Natural Resources, Division of Water Quality (DWQ) on February 9,
2004. According to our Neuse Buffer Rule (15A NCAC 2B .0233(8)), failure to issue an approval or denial within 60 days of
receipt of a complete submission shall constitute that the applicant has demonstrated "no practical alternatives". Therefore,
DWQ has waived the "no practical alternatives" determination for your plans to impact 21,838 square feet (or 0.5 acres) of
protected riparian buffers to construct the proposed subdivision road at the subject property as described in your
application. As such, the stream and buffer impacts are approved. However, please be aware that you must follow the
plans as described within your application dated February 6, 2004 and all other conditions of the Neuse River Buffer Rules
and those listed below. You must also obtain or otherwise comply with all other required State, Federal and Local
regulations, including but not limited to DWQ Standards (15A NCAC 02B .0100 and .0200).
This approval is only valid for the purpose and design that you described in your application. If you change your project,
you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be
given a copy of this authorization and approval letter and is thereby responsible for complying with all conditions. For this
approval to be valid, you must follow the conditions listed below.
Conditions:
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), http://h2o.enr.state.nc.us/ncwetlands/
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, NO, 27699-1650.
Any dispute; 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. 1508. 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,
I? u'
Klimek, P.E
Q, Director
cc: Bob Chiles, 417-A Broad Street, PO Bo 6, New Bern, NO 28564-3496 (FAX [phone])
DWQ Washington Regional Office
DLR Washington Regional Office
DCM Morehead City District Office
File Copy
Central Office
DWQ # 040615
Date: April 23, 2004
bz
O?O? WA 4G
o ?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
November 8, 2004
Z & R Associates, LLC
Attn: Mr. Marvin Raines
Zoytoun Raines Construction Co.
312 S. Front Street
New Bern, NC 28560
DWQ Project # 04-0615
County: Craven
Page 1 of 2
Subject Property: Clement/Pridgen Property, Country Club Road, New Bern, NC
Canal to Trent River [03-04-10, 27-101-(39), SB Sw NSW]
Neuse River Buffer Rule (15A NCAC 02B .0233)
Compliance. with Condition No.1 of 04-0615 Authorization Certificate Issued on April 23, 2004
Dear Mr. Raines:
On November 5, 2004, the Division of Water Quality (DWQ) re?eived a letter from your engineer, Robert
M. Chiles, P.E., dated November 1, 2004 requesting the DWQ to '..,'update the buffer mitigation
determination contained in the authorization certificate and advise us how to proceed with mitigation by
payment". The letter detailed the buffer impacts based upon the final design plans. The impacts have
been reduced from the 21,838 ft2 to 11,107 ft2.
As stated within Condition No. 1 of your April 23, 2004 authorization certificate, you are. required to ,
mitigate for impacts to the protected riparian buffers. The required area of mitigation (based on the
updated information provided within the November 1, 2004 letter described above) to compensate for
impacts to the protected riparian buffers is 20,236.5 square feet as required under the April 23, 2004
Authorization Certificate and 15ANCAC 2B .0242(buffer mitigation rule). We understand that you wish
to make a payment into the Riparian Buffer Restoration Fund administered by the NC Ecosystem
Enhancement Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ
to be a suitable method to meet the mitigation requirement of your April 23, 2004 authorization
certificate. In accordance with 15A NCAC 2B .0242(7)(buffer mitigation rule), this contribution will
satisfy our compensatory mitigation requirements under 15A NCAC 2B .0233(10)(buffer protection rule).
Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement
Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be
contacted at [phone] if you have any questions concerning payment into the Riparian Buffer
Restoration Fund. You have one month from the date of this approval to make this payment. For
accounting purposes, this Authorization Certificate authorizes payment into the Riparian. Buffer
Restoration Fund to compensate for 20,236.5 ft2 of required riparian buffer mitigation for impacts
to 11,107 ft2 of protected riparian buffers; 03-04-10 river and subbasin, 27-101-(39) stream index
number.
Also, please note that you still must comply with all other conditions of your April 23, 2004 authorization
certificate including diffuse flow per Condition No. 2 and certificate of completion per Condition No. 3.
401 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] / Internet: h_p://112o:enr.state.nc.us/ncwetlands
Noe Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Z & R Associates, LLC
Page 2 of 2
November 8, 2004
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 (USAGE) or NC Division of Water Quality (DWQ) if any
impacts are proposed to either of these waters.
Sincerely,
Alan W. Klimek, P.E.
AVVK/CBK/bz
Enclosures: EEP Notification
cc: Tom Steffens, DWQ Washington Regional Office.
File Copy
Central Files
Filename: 04-0615

O? VdATF9 Michael F. Easley, Governor
p William G. Ross Jr., Secretary
?Q 9 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P. E. Director
-1 Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
NORTH CAROLINA DIVISION OF WATER QUALITY
AUTHORIZATION CERTIFICATE
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
In accordance with 15A NCAC 2B .0242, Z & R Associates, LLC has permission as outlined below to impact
protected riparian buffers for the purpose(s) of constructing a road. All activities associated with these
authorized impacts must be conducted with the conditions listed in the attached certification transmittal letter.
THIS AUTHORIZATION CERTIFICATE IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
DWQ Project No.: 04-0615
Date: November 8, 2004
LOCATION: New Bern
COUNTY: Craven ?.
BASIN/SUBBASIN: 03-04-10 (river/subbasin); 27-101-(39) (st \am index no.)
As required by 15A NCAC 2B .0233(9), you are required to comp$nsate for the above impacts through the
restoration or enhancement of buffers as outlined below prior to conducting any activities that impact or
degrade the waters of the state.
20,236.5
square feet of stream buffers
One of the options you have available to satisfy the compensatory mitigation requirements is through the
payment of a fee to the Riparian Buffer Restoration Fund per 15A NCAC 2B .0242.
If you choose this option, please sign this form and mail it to the EEP at the address listed below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE
NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU HAVE RECEIVED
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
Signature Date
ECOSYSTEM ENHANCEMENT PROGRAM (EEP)
NC DIVISION OF WATER QUALITY
1619 Mail Service Center
Raleigh, NC 27699-1619
[phone]
Noe Carolina
North Carolina Division of Water, Quality, 401 Wetlands Certification Unit, Naturally
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), http://h2o.enr.state.nc.us/ncwetlands/
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
MARINE SURVEYORS
417-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
November 1, 2004
Certified Mail Receipt No. 7099 3400 0011 5237 2731
Mr. Robert Zarzecki
N.C. DENR Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, N. C. 27604
Re: DWQ Project No. 04-0615, Craven County
Neuse Buffer Impact Reduction
BUSINESS: 252-637-4702
FAX: [phone]
[e-mail]
L9 @120WRP
NOV 0 5 2004
WETLIN SAND STORMWATER BBRRANCH
Enclosures: (1) Copy, NCDENR, DWQ Approval of Neuse River Buffer Rule Authorization Certificate
dated April 23, 2004.
(2) 4 Drawings prepared for Z&R Associates, LLC by Robert M. Chiles, P.E., dated
August 11, 2004 depicting the Neuse .River Buffer Impact, the Neuse River Buffer
"North" and "West"' Impact, Area' Details.-
Dear Mr. Zarzecki: ;
We submit these enclosures for-your review and approval' in response to the instructions contained
in your email message of October 15.
The enclosed authorization certificate was issued for construction offh`e main road within a new
waterfront subdivision. It 06fhorizes a proposed impact area of 21,83'8 square feet and indicates a
required mitigation area of 51,187.5 square feet. These quantities are based upon an initial roadway
alignment and the certifca e includes a statement of DWG's willingness fo accept a mitigation proposal
that based upon the buffer impacts related to a final design plan. The roadway design is now presumed
final, and the impacts associated with the final design are as follows:
Righf_of Way Impacts Roadway Impacts Total
Zone 1 2,323 sq., ft., 6 i sq. 1t. 2,384 sq. ft. I ? ?5
Zone 2 2,584 sq. ft, 0 139 sq ft 8,723 sq. ft.
Applying the appropriate multipliers from 15;A NCAC 02,B-.642 (3) (b) to these impact areas results in
a required mitigation area of 20,236.5 square-feet :_Calculafed pursuant to 15A NCAC 02B .0242(7), the
payment required for the 20,236.5 square feet mitigation area is $19,427.
Please update the buffer mitigation determination contained in the authorization certificate and
advise us how to proceed with mitigation by payment.
Should you require additional information or have any questions, please contact us at your
convenience.
Very truly yours,
_IM. CHILES, P.E.
Michael L. Rice, P.E.
cc: Mr. Marvin Raines, Z & R Associates, LLC
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
ADJOINER PARCELS
UNOE OPK pRVE T10N
NEUSE
RIVER
17
I vomm um I
3o p0"'y ''?!? ?F?
i `•
°? PROPERTY DESCRIBED IN
CRAVEN COUNTY DEED BOOK 2181
PAGE 17
?
? q ,
1o

j NOR 0
Z I IMPAC sr
SITE oG
f

\?. APPROXIMATE LANDWARD LIMIT OF ZONE 2, NEUSE RIVER RIPARIAN BUFFER
APPROXIMATELY 174,168 SQUARE FEET
W m j APPROXIMATE LANDWARD LIMIT OF ZONE 1, NEUSE RIVER RIPARIAN BUFFER
X APPROXIMATELY 113,309 SQUARE FEET
0
a I
"WEST" IMPACT SITE
CANAL TO TRENT RIVER
I PROPERTY LINE
--
%
RESIDENTIAL LOTS
`t?tltlllilp?gt`

RESIDENTIAL LOTS

OLDE TOWNE HARBOR a
Y I e+o ?Q s? 'r
•
NOTES ??' 0
e e®® ;
?
ADJOINING PARCELS FROM CRAVEN COUNTY GIS WEBSITE, NOT FROM ACTUAL SURVEY: SHOW FOR REFERENCE ONLY `
o
, G
'
?llrl IIIIYI?1t
Z
7u
GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE, _AUGUST 11, 2004 ROBERT M. CHILES, P.E.
400 0 200 40o NEUSE RIVER BUFFER IMPACT SITES AND SURROUNDING AREA
AT THE JOB NO, 2003190 ENGINEERS AND CONSULTANTS
HIDDEN HARBOR SUBDIVISION SCALE, _____1 °_400' NEW BERN, NORTH CAROLINA
RIPARIAN ZONE 2 DISTURBED AREA
APPROXIMATELY 1,984 SQUARE FEE
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 3,044 SQUARE FEET
WITHIN PROPOSED ROADWAY
' O
ATELY 5,028 SQUARE FEET TOT.
i

t-
i.
LL,
C
i,
C4.
N'

O
a,
O

?I
a•
a•

IC
z•
N
O.
1- ,
2
Q•
3•
R'
al
RIPARIAN ZONE 1 DISTURBED AREAS
APPROXIMATELY 934 SQUARE FEET
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 934 SQUARE FEET TOTAL
CANAL
y?, o
p e
om g a?
Au
0
X..{1 D
.R1 •?
'D •Q
'O
'Z
.2p
•I.1 •A
G
Sj.?v B°UND
PROJEGT
i
RIGHT F WAY
UNDEVELOPED PORTION
OAK DRIVE

RIG&, or
'256+-
187+-
NOTES:
EDGE OF CANAL BASED ON FIELD SURVEY OF NORMAL WATER UNE
IMPACT AREAS BASED ON PROPOSED FINAL ROADWAY DESIGN
GRAPHIC SCALE
40 0 20 40
Z&R ASSOCIATES, LLC DATE, _AUGUST 11, 2004 ROBERT M. CHILES, P.E.
NEUSE RIVER BUFFER 'NORTH' IMPACT AREA DETAILS JOB NO . _____2003190 ENGINEERS AND CONSULTANTS
AT THE
HIDDEN HARBOR SUBDIVISION SCALE, t" _ 40' NEW BERN, NORTH CAROLINA
RIPARIAN ZONE 2 DISTURBED AREAS
APPROXIMATELY 600 SQUARE .FEET
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 3,095 SQUARE FEET
WITHIN PROPOSED ROADWAY
APPROXIMATELY 3,695 SQUARE FEET TOTAL
PROPERTY LINE
+1
-,...?? NORMAL WATER LINE
O
Z
cj 4L-,
cJ v
/ o
Y 4
NOTES,
EDGE OF CANAL BASED ON FIELD SURVEY OF NORMAL WATER LINE
IMPACT AREAS BASED ON PROPOSED FINAL ROADWAY DESIGN
+I
c2
i
RIPARIAN ZONE 1 DISTURBED AREAS
APPROXIMATELY 1,389 SQUARE FEET
WITHIN PROPOSED RIGHT OF WAY
APPROXIMATELY 61 SQUARE FEET
WITHIN PROPOSED ROADWAY
APPROXIMATELY 1,450 SQUARE FEET TOTAL
CANAL
. • • .
APPROXIMATE LANDWARD LIMIT OF ZONE 1, NEUSE RIVER RIPARIAN BUFFER
- - - . . . . . . . . . . . . . . . . .`1111111111%W
APPROXIMATE LANDWARD LIMIT OF ZONE 2, NEUSE RIVER RIPARIAN BUFFER
a
• Q S L
-J el
' !11111111111+
GRAPHIC SCALE Z&R ASSOCIATES, LLC
40 0 20 40
1 NEUSE RIVER BUFFER 'WEST' IMPACT AREA DETAILS
AT THE
HIDDEN HARBOR SUBDIVISION
DATES ____Au?11, 2004
JOB NO. 2003190
SCALEi ------ "_° 40'
ROBERT M. CHILES, P.E.
ENGINEERS AND CONSULTANTS
NEW BERN, NORTH CAROLINA
M-22-04 THU 8:C0 All ROBERT M CHILES F, E, FAX NO.
ROBERT M. CHILES, P.E.
?, BiVGiNEER3? GON.+sLRSJW73
i
11AR{NE SIIgYEY'ORS
417•A BROAD ST
RO.80Xw"
141EW BERN. WRTH CAROUNA2&%4 3489
252E3731C0 p........1_ _ ?,_._...
BUSINESS: 292f?`57-?7?
FAX252-Maloa
APR 401 GRO(/P
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FACSIMILE COVER SHEET . augzll,?,sq
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FAX NO. 13? -4 33 _ ?P93
PROM:
NO PAGES (including cover):
DATE:
PROJECT:
REMARKS:
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AAPR-22-2004 THU 07:40 TEL:[phone] NAME:DWO-WETLANDS P. 1
AFR-22-04 THU 8:01 AM ROBERT M CHILES P. E, FAX NO. 2526373103 P. 2 ...__.._.,
ROBERT M. CHILES, P.E.
r. K3VGNi?°Q, CONSLILtAN73
a -
MAAINESLIRV1l:YgR$ ,
417-A RAM T ?USINE35: g5Z ?7?7G2
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FACSIMILE COVER SHEEN'.:
TO: _ My-is m ? OLLLA4 A14 /t1Cqo&*- - DLAJ l v4]F4s?yC7NG, ,? Nc-
FAX NO. -4 SS-- 3
FROM:
NO PAGES (including c--ver):
DAYS: f{ C? ( rD -4 TIME:_ ?. ? ?(rl
PRCJEC•T: caoUarN > RMC JOB MO.: 7- c7c] 3 19 CD,
RE.-MARKS' 9 er t vcs„nr a. f__?1I3 ?NSc ?? af?,i?
L? 0 P P2 (- K.r ] r.. L? -? ? A 't7 d fz .alati.? ?O @rl rr /rr ail M 1--f 11 c 1
0Ca , aoS ZCae-z 1 Q? 1`q) -'33 - Cog9
MA NE HTCACQAAF4i1(;ONO LANE) SURV"S
IAECiJ1 Q t, Y.'11L. ANOMARINA:-NQ114aFr1{NG CCMMEpCaL, NOUSITtiAL, rAFl1NEANO aA1L'ACAtl FACILITIES CE3ICu4
-':SENEIC:NGlNErgINC„iNp FAIWAEANALYSIS
APR-22-2004 THU 07:41 TEL:[phone] NAME:DWQ-WETLANDS P.? 2
APR-22-04 THU 8:01 AM RCBERT M CHILES P. E, FAX NO, 2526373103 P. 3
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
d
MARINE sURVEYOFO
477-A BROAD ST. BUSINESS: 252-697-4702
NEW B BEAN, N N, NORTH cARaINA FAX:[phone]
NEW 29564 3498 April 20, 2004 ("011 oconneanat
TO: Mr. Jim Mulligan
Water Quality Regional Supervisor
NCDFNR, DWQ
943 Washington Square Mall
Washington, N.C. 27889
SUBJECT: Certificate of "NO PRACTICAL AL'T'ERNATIVES"
Z&R Site- New Bern, Craven County
REFERENCE: (A) Our request for "Determination, of No Practical Alternatives"
submitted on behalf of Z&R Associates, LLC dated February 6,
2004 and received by,your office on February 9, 2004
(B) North Carolina Administrative Code 15A NCAC 213-0233 (8)(b)
(C) Our file 2003190
Dear Mr. Mulligan:
With this letter we wish to confirm that you did receive Reference (A), our request for
determination of No Practical Alternatives on February 9, 2004 as noted on the U.S. Mail return
receipt and that over 60 days have transpired since this date of your receipt of this request. As of
April 20, 2004 we have not received any correspondence from your office either requesting
additional information or providing an approval or denial of our request for the determination.
Therefore, according to our understanding of the Reference (B) rule that states "Failure to issue
an approval or denial within 60 days shall constitute that the applicant has dem,omtrated no
practical alternatives.", we can now assume that the proposed encroachment into the buffer for
construction of streets is allowed with mitigation.
We have met earlier with representatives of CAMA, the U.S. Army Corps of Engineers
and your Mr. Torn Stephens during our evaluation of the potential for going ahead with
per-nitting for this project. Since our clients have a number of time restraints for development of
Page A of 2
MECHAMM, CIVIL, AND MARINE ENGINEERING MARINE HYDROeWHICAND LAND SURVEYS
COMMERCIAL, INDUSTRIAL, MARINE ANO RAILROAD FACILITIES DESIGN
FORENSIC ENGINEERING AND FAILURE ANALYSIS eOUNDARY SURVEYS AND MAPPING SERVICE
APR-22-2884 THU 87:41 TEL:[phone] NAME:DWQ-WETLANDS P. 3
APR-22-04 THU 8:02 AM RCBERT M CHILES P. E. FAIL NO. 2526373103 P. 4
the site , the approval from your office to construct streets within, the buffer allows our office to
begin preparation of documentation for the various other permits and approvals necessary as
discussed in these earlier meetings. We understand that a Stormwater Management Plan for the
project must be approved by DWQ and that a CAM A permit must be obtained prior to
construction. It is therefore very important that the matter of constructing streets within the
buffers to provide access to the site be assured prior to our client closing on the property and
moving forward with the project. We would very much appreciate a written response from the
Division of Water Quality confirming the "No Practical Alternatives". It would also be helpful if
you could identify any possible other concerns that the department may have that could prevent
our proceeding with the development of this site.
I look forward to receiving your response to our concerns as outlined above and
appreciate your assistance in this matter.
Yours very truly
qlcx-?
Robert M. Chiles, P.E.
Page 2 of 2
APR-22-2004 THU 07:42 TEL:[phone] NAME:DWQ-WETLANDS P. 4
APR-22-04 THL 8:02 AM RCBERT M CHILES P. E, FAQ; NO. 2526373101_ P, 5

417.A BROAD ST.
P.o, BOX 3496
NEW BERN, NORTH CAROLINA 265a4.a496
Certified Mail Receipt No
ROBERT" M,
ENGINEERS, m
r,%-
MARINE! C3
P1
Februc
ru
Ln
7099 3400 0011 52
Mr. Jim Mulligan
Water Quality Regional Supervisor
NCDENR, DWQ
943 Washington Square Mall
Washington, N. C. 27889
0
Cn
r7'
tT-
c?
,
Re: RMC, P1_ Project Number 200319u,
Enclosures: (1) Drawing, Z&R Associates, [ C, Project Site Map for the Proposed
Clement/Pridgen.Property Subdivision, prepared by Robert M. Chile, P.E.
(2) Drawing, Z&R Associates, LLC, Proposed Roadway Alignment for the
Proposed Clemen_ t/Pridgan Property Subdivision, prepared by Robert M.
Chile, P.F;.
(3) Drawing, Z&R AsSOC?ates;. 1-C, Proposed `West' Disturbance Details for the
Proposed, Clement/Pridgen Property Subdivision, prepared by Robert M_
Chile. P.E. -
(4) Drawing, ZB,R Assdcicifies,'LLC, Proposed 'North' Disturbance Details for
the-Proposed' Clement/Pridgen Property Subdivision, prepared by Robert
M. Chile, P.E.
(5) Cop
SENDEA: COMPLETE THIS SECTION COMPLETU THIS SEC770AI ON L)ELIVERY
reg
TaX I ¦ Complete items 1, 2, and 3. Also complete A.
(6) Cop item Q R RestrIgted EWIvW Is desired, x 0 A Addrdre
IOCC ¦ print your name and address on the reverse e
so that we can return the card to you. - bytinte?ue t et G, to
204.1 ¦ Attaoh this cud to the back of the mailpieoe, f/
or on the front if space permits.
Dear Mr. Mulligan,
On behalf of our c
Practical Alternatives" cr
designated as "allowed;
Nutrient Sensitive Waters
Riparian Buffers, Table of
1. Article Addressed to:
mit .41'm /Y1J1+*L:7,4-^1
u!} !'V150!7
WAavti QVA?? ? fl-7Y
M-DL^7jk bwa r
4:13 W Air! 746Tb?11 Sat n?.a
1fJA-4>J_01g0th"i I'll- ?7sm
Representing the c
Raines Construction Corr
633-3069.
D. %&lvery abdress d'dfersnt from Rem 1?
If YE=S, enter delivery address below:
3" Servloe Type
R,Certifled Mail O Express Mal
Q Registered El Return Recaipt for Merchandise
ID Insured Mail D C.O.D.
4. Restricted Delivery? (Fjr Fee) 0 Yes
2. Article Number -r
okemkr from service fabeo 709 5 1+ 4Q qC 115 Z -I 8g,,
PS Form 3811, August 2001 C3omestic. Return Receipt 1Q269so$ rA +540
The project site is located in the ity of New Bern, Craven County, between Country
Club Road and the Trent River, as shown in enclosure one. The portion of the site containing
MECHANICAL„ CIVIL, AND MARINF, ENGINEERING
FORENSIC ENGINEEAING AND FAILUREANALYSIS COMMERCIAL, INOUSTRIAL. MARINE AND RAILROAD FACILMES DESIGN MARINE HYDROGAAPHIC AND LANO SURVEYS
SOUNOARY SURVEYS AND MAPPING SERVICE
APR-22-2804 THU 87:43 TEL:[phone] NAME:DWQ-WETLANDS P. 5
0/ 1AILr-
417-A BROAD ST.
P.O. BOX 3496
NEW BERN, NORTH CAROLINA 28564-3496
Certified Mail Receipt No.
ROBERT M. CHILES, P.E.
ENGINEERS, CONSULTANTS
MARINE SURVEYORS
February 6, 2004
7099 3400 0011 5237 3073
WETLANDS 1401 GROUP
APR 2 0 2004
WATER QUALITX Q
FAX: TIQN 37 3102
[e-mail]
EEL`;
111
Mr. Jim Mulligan FEB -004
Water Quality Regional Supervisor ?m?
NCDENR, DWQ
943 Washington Square Mall
Washington, N. C. 27889
Re: RMC, PE Project Number 2003190, Clement/Pridgen Property
Enclosures: (1) Drawing, Z&R Associates, LLC; Project Site Map for the Propose

M. Chile, P.E.
ared by Robert
re
ion
i
i
b
S
t
p
; p
v
s
d
y
u
Clement/Pridgen R,roper
(2) Drawing Z&R Associates,, LLC, Proposed Roadway Alignment for the
Propose'd,Qleme,nt/°[idgen Property Subdivision, prepared by Robert M.

(3) Chile, P;E .
Drawing Z&R' Associates, LLC, Proposed``1Nest' 'Disturbance Details for the
Proposed Clement/Pridgen Property Subdivision"'prepared by Robert M.

(4) Chile-'P.E.
Drawing, Z&R Associates, LLC, Proposed `North' Disturbance Details for
th'P-P-r-opesed Clement/Priacden Property Subdivision, prepared by Robert

(5) M` Chile, P.E.
Copy, Letter from Mr. A.D. Willis, III, Real Estate Appraisal Services,
regarding location of the entrance for development of Craven County

(6) Tax Parcel 8-204-021.
Copy, Letter-fr6m Mr. Dana E. Outlaw,'Danq, utlaw Appraisals, regarding
location,"'f the entrance for developrrient-,of'Craven County Tax Parcel 8-
204-021.
Dear Mr. Mulligan: ?.'..`
On behalf of our client, Z&R Associates, LLC, we request a determination of "No
Practical Alternatives" and the issuance of an Authorization Certificate to perform a use
designated as "allowable with mitigation" within 15A NCAC 2B.0233(6), the Neuse River Basin:
Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing
Riparian Buffers, Table of Uses.
Representing the owners, Mr. Marvin Raines can be contacted via mail at Zaytoun
Raines Construction Company, 312 S. Front St., New Bern, N.C. 28560 or telephone at (252)
633-3069.
The project site is located in the City of New Bern, Craven County, between Country
Club Road and the Trent River, as shown in enclosure one. The portion of the site containing
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
the proposed impacts is identified as parcel number 8-204-021 by the Craven County Tax
Department, and is described in Craven County Register of Deeds Book 1162, beginning at
page 729. Portions of tr of the NCDENR Divisions of
Coastal Management, the US Army Corps of
Engineers, and the City ( zc"., a
The activity prec' 616 57 `V ?
new subdivision. At twc(?
existing shorelines and t -?--' q
around a parcel that c(
aligned along the souti- l.s
and its base extended i X
two locations where the -- ?? 3a?O5?'
the fifty feet wide Neus( S4961
end, respectively. It is c A?
alignment of the propo!/
It is the intent of i
standards for acceptance-i to"the public road system. Doi
feet right of way width. 'Where the proposed roadway pass
described above, the ri9,h,t of way intersects the riparian bu
following approximate disturbed lengths and areas:
Zone 1
(Lin Ft.) (Sq. Ft.)
West End: 203, 4,651
North End: 230.1 .. 7,636
f a roadway that will serve a
ie roadway will pass parallel to
ibdivision project is focused
1. The canal is "F"-shaped and
landward (westward) end,
g within the parcel creates
-et from or contained within
id and the other at the north
inces are proposed. The
'o.
ets City of New Bern
:quires a minimum fifty-five
rgh the two locations
es,' and results in the
Zone2
(Lin Ft.)
243
273
(Sq. Ft.)
The final disturbed areas should be less'tharn those;ibdicbted above, as the required
road width is less than that of the; rtghf,of way, and Jts position within the right of way is
somewhat variable. Based on a thirty=one e,6f beck of curb pavement width (per City of
New Bern), an initial alignment of the roadway results in the following approximate areas of
buffer disturbance:
Zone] Zone2
(Sq. Ft.) (Sq. Ft.)
West End: 2,638 4,579
North End: 5,875 2,685
The entire project site contains approximately 5,816 linear feet of shoreline. Based upon
that length there is approximately 174,480 square feet of zone one and 113,242 square feet of
zone two within the project site. Accordingly, the proposed right of way disturbances
represent approximate totals of 7.0 percent of zone 1 and 8.4 percent of zone 2 of the onsite
riparian buffers. The extent of the riparian buffer on the entire project site is depicted in
enclosure one. Details of the disturbed areas created by the proposed right of way are
depicted in enclosures three and four.
Two available alternative entrance configurations and attendant road alignments
have been investigated in addition to the one proposed in an attempt to identify a practical
alternative that will reduce the proposed riparian buffer disturbances.
One alternative considered utilizing the one portion of the canal parcel that fronts
Country Club Road. That portion of the tract extends landward from the head of the primary
canal, is adjacent and roughly perpendicular to the section of property line that is within five
feet of the riparian buffer. The position and alignment of this tract portion creates an
entrance road that is collinear with and terminates near the west end of the primary canal. At
its terminus, a tee intersection would be-required In-order for the entrance road to connect
with any road designed to serve,the prtire subdivision'. Adciitionally, an entrance road with
this alignment at this location would require the installation ;of`a structure at the west end of
the canal capable of preve`ntrng `inadvertent entranee;info'the canal by wayward vehicles.
With the tee intersection located within the riparian buffer,,:,and the., addition of a safety
structure, it is likely that this"altetncitive will increase the disturl?ed-are" p.
The second alternative considered utilizing an entrance through an adjoining
subdivision north of the canal parcel. An as yet undeveloped'z,road depicted in maps of the
adjoining subdivision recorded in 1946 and again in 1951 is shown-ire-enclosure one. The
recorded maps indicate thirty'and forty feet wide rights of way for the'subdivision's roads, and
as that width does not Meet current City of New Bern standards, any chosen entrance path
through that subdivision must be,improved to current standards. Dismissing any right of way
concerns, an entrance read creaked through this route would enter1he project site east of
both impacted areas. Alth6bgh 4his s,acceptable in and-©f;:itseg,yq'problem similar to that
experienced by the first alternative dis(;,; _continues`jo exist.`'; Regardless of the entrance
location, any road designed toive tte`entJ-re su'b'ef+vision arid`connected to this entrance
will still require passing through both d,i5turbed areas As?soch, this alternative will not better
minimize the disturbances to the buffer:-
To further investigate the entrance alternatives, the developers sought the opinion of
two real estate appraisal services. As is evidenced by enclosures five and six, both appraisers
concluded that it is in the best interest of the subdivision to develop an entrance from Country
Club Road.
It is the intent of the proposed plan to create a unified subdivision, served by one
entrance and one primary road. The position of the canal within the project site creates three
distinct areas within the proposed subdivision, one each to the north, south and west of the
canal. Any single primary road proposed to serve the subdivision must extend from the north
area to the south area and doing so requires passing through both riparian areas.
The proposed buffer disturbances can be minimized by any one of the following
alternatives:
Create the subdivision with two individual sections. Doing so provides the
ability to eliminate one buffer disturbance:
• Develop only the north and south sections, creating two individual
sections and eliminating both disturbances:
• Purchase the five adjoining parcels nearest the canal to provide sufficient
upland ground and realign the proposed roadway outside of the buffer:
• Don't develop the property at all.
Creating the subdivision with two individual sections, with or without the west area
included, requires the construction of two entrances. Employing these alternatives disrupts
the continuity of the subdivision and causes the developer to incur the additional expense of
a second entrance developed to City-of New Bern_standards. The discontinuity created, with
or without the west section developed?will likely reduce th'e.yalue of all lots created in the
subdivision. This devaluation, the: potential loss of one forth of the lots (without the west .
section developed) and the coshof o second 5ntrdhc6/&e'dtes`,an unreasonable financial
burden upon the developer,; As such, these are not practi:cal alternatives.
Purchasing five parcels currently located within the adjoining, subdivision has been
investigated and determined to be neither practical nor financially reasonable.
Not developing-the--property is an unfair request of the property, developers.
To control the impacts associated with the disturbances, typical erosion and sediment
control and stormwater best management practices (BMP) will be employed. Although a
final stormwater BMP design has not been reached, the roadway will utilize curb and gutter
and be sloped away from, t3ie shoreline where it passes throvghthe buffer. Stormwater will be
passed through a treatment- vic&-t?e ore.being released.
Should you require additioiTO'Information or, have-anyquestions, please contact us at
your convenience.
Very truly yours,
ROBERT M. CHILES, P.E.
??- ,Zz Lfi
Michael L. Rice, P.E.
cc:
Z&R Associates, Mr. Marvin Raines, w/enclosures
PROPERTY LINES
Ep p??ryON
0 i OPK 111114E orb
1 NEUSE
RIVER
7D
]7
TE
VICINITY MAP
??••'.' "NORTH" DiSTURANCE AREA PROJECT SITE
CRAVEN COUNTY TAX PARCEL 8-204-021
:i is
?i i?
2 APPROXIMATE LANDWARD LIMIT OF ZONE Z NEUSE RIVER RIPARIAN BUFFER
• APPROXIMATELY 174,480 SQUARE FEET
''s
• : :, . APPROXIMATE LANDWARD LIMIT OF ZONE 1, NEUSE RIVER RIPARIAN BUFFER
:.i .._»... /APPROXIMATELY ]]3.....SQUARE• FEET • ........ » »...»»».......... ......» ..............:
jr•. 'WEST" DISTURBANCE ARF.A:......».» ................. ,;e! :.::•::,;:•;:•,
i CANAL TO TRENT RIVER
PROJECT SITE BOUNDARY
T SITE
PARCELS
ITiY TAX MAP
TOWNE
NOTES:
PARCEL DEPICTIONS, PROPERTY LINES AND PROJECT BOUNDARY TAKEN FROM CRAVEN COUNTY GIS V"SITE, NOT FROM ACTUAL SURVEY
Z
1
GRAPHIC SCALE Z&R ASSOCIATES, LLC DATE, ___ ??. zog4
400 0 200 400 - ROBERT M. CHILES, P.E.
PROJECT SITE MAP JOB NO, ____?003190 ENGINEERS AND CONSULTANTS
FORTHE
PROPOSED CLEMENT/PRIDGEN PROPERTY SUBDIVISION ISCALEi ] _- 400' NEW BERN, NORTH CAROLINA
3s
/®!°00
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a
s
5365 ?
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PROJECT SITE
CRAVEN COUNTY TAX PARCEL 8-204-021
PROPOSED ROADWAY ALIGNMENT
m "NORTH 0
fURBA y!
!00
"WEST' DISTURBANCE
RESIDEN AL LOTS
TOWNE HARBOR
CANAL TO TRENT RIVER
PROJECT
o?1titHIIAIIit-,,
CARO
110"0010 %
•
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e ? •
Qv SEAL
5365
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NOTES:
PARCEL DEPICTIONS, PROPERTY LINES AND PROJECT BOUNDARY TAKEN FROM CRAVEN COUNTY GIS WEBSITE, NOT FROM ACTUAL SURVEY
ENCLOSURE 2
4W 0 GRAPHIC SCALD aao Z&R ASSOCIATES, LLC DATE, 2004 ROBERT M. CHILES, P.E.
PROPOSED ROADWAY ALIGNMENT JOB N?- .?____ENGINEERS AND CONSULTANTS
FOR THE
PROPOSED CLEMENT/PRIDGEN PROPERTY SUBDIVISION SCALEi t 400_ NEW BERN, NORTH CAROLINA
Jan.30. 2004 10:41AM CENTURY 21 LAYIOUN-KM Nt5
A.D. Willis, III
Real Estate Appraisal Services
P.O. Box 12009
New Bern, N.C.
January 8, 2004
Mr. Marvin L. Raines
312 S. Front St.
New Bern, NC 28560
No.4MY r. L
??c.c.AS ? rt?f
Re: Country Club Road Property
Craven County Tax Parcel
8-204-021
Mr. Raines
At your request, I have inspected the property referenced above specifically with respect
to the location of the entrance for residential development. In our conversation you
indicated there were two (2) distinct possibilities for the location of the entrance to thr
development. 1) To enter the subdivision via an entrance from Country Club Rd
identified on the attached map as option 1.2) Enter the subdivision from an entrance to
be developed from Oak Dr. via Elm Dr. Option 2 on attached map.
I have inspected the subject property and the site for entry to the development. It
appears that the cost of roadways and development would be nearly identical for each
entrance. The only difference would be in the marketability of the developed home sites.
Country Club Rd. site offers the best opportunity to establish an upscale identity for the
subject development as well as the greatest exposure to the general public. This is due
to the high traffic volume on Country Club Rd. and close proximity to the Olde Town
Development entrance as compared to Site 2. This will result in a the possibility of a
shortened marketing due to the exposure evidenced by lowered carrying cost for the
development period. Elm Dr to Oak Dr. Site has many older homes in poor condition
indicating a lower socio-economic standing which would influence a typical purchaser of
the home sites developed. This would result in lower sales prices for the home sites.
In summary it is my opinion that there would be a substantial economic benefit to
utilizing the Country Club Rd. entrance to the development due to the disparity in sales
prices of the finished home sites and extended marketing time involved with the Elm Dr
to Oak Dr, entrance.
If I may*of further service in this matter please do no hesitate to contact me.
n.w ,III
Appraiser
?i?ICLOSU/l?s" ?p
Dana Outlaw Appraisals File No.
Post Office Box 414
New Bern, North Carolina 28562
Dana E. Outlaw
NCSC A-269
1-15-2004
Mr. Marvin Raines
312 S. Front Street
New Bern, NC 28560
Dear Mr. Raines,
Office: [phone]
Mobile: [phone]
Phone/Fax: [phone]
Pursuant to your request on information germane to a possible entrance to property shown in Tax Parcel
8-204-021, please find the following information. Per your request, we have visited the proposed site of a new
development contiguous to Olde Towne and find the property to be ideal for future development. There
appears to be two possible sources of egress and ingress to the property. The location: of a possible entrance
-
from Country Road due to present and future maintenance and utilities associated with this site appears more
favorable than a possible entry point at Oak Drive through Elm Drive. Reference is made to this side on
attached map. Possible development costs for both entrances appear similar, however, due to present traffic
counts and future need for Country Club Road versus the Oak Drive site would make the Country Club Road
more ideal. Future overall surrounding changes to Country Club Road would be considered minimal versus
drainage and other development issues associated with the Oak Drive entrance. The Country Club Road
entrance would give better exposure to the development than the Oak Drive site.
It is the opinion of the appraiser that the Country Club site entrance is superior to any consideration of the
Oak Drive entrance with respect to marketing, ability to "work" with present improvements already installed
per City of New Bern. This site reminds me of the Haywood Farms site with one entrance that was
considered ideal for Haywood farms residents with respect to minimal "drive through" traffic due to one
entrance which was approved by the City of New Bern.
If I can be of any further assistance to you in this matter, please do not hesitate to contact my office.
Sincerely,
Dana E. Outlaw