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HomeMy WebLinkAbout20070544 Ver 2_More Info Received_20071025r
ENVIRONMENTAL PROFESSIONALS, INC.
Planning For A Better Environment
P.O. Box 3368
KILL DEVIL HILLS, NORTH CAROLINA 27948
(252) 441-0239
FAX (252) 441-0721
TO NCC~L~~ - ~yv~
PAID
WE ARE SENDING YOU ^ Attached ^ Under separate cover via
^ Shop drawings ^ Prints ^ Plans
^ Copy of letter ^ Change order ^
DATE
~~ ~ JOB NO~
~
ATTENTION
RE: `,, n 1 ~~ 1
^ Samples
the following items:
^ Specifications
COPIES DATE NO. DESCRIPTION
~ ~ ~~ I;c~ `~~
' 1"~ L L ~'t~ r ~ LU . ~ (.~
0
M~E1'IANOS MID 31'ORAIWATER BRANCH
THESE ARE TRANSMITTED as checked below:
^ For approval
^ For your use
v~s requested
> /
^ For review and comment
^ FOR BIDS DUE
REMARKS
^ Approved as submitted
^ Approved as noted
^ Returned for corrections
^ Resubmit copies for approval
^ Submit copies for distribution
^ Return corrected prints
^ PRINTS RETURNED AFTER LOAN TO US
COPY TO ~ ~- v J ` ~ l Z-
SIGNED: ~ `~-
/f enclosures are not as noted, kindly notify us at nce.
i~
~°i~d
o~-os~~tv2
~P~ID
~~ft ~~~,- September 13, 2007
~KUFESS ONA~ Mr. Tom Steffens
---=IN~_._...
R1ANNlNG fOR US Army Corps of Engineers
A BfTTfR P.O. Box 1000
ENVIRONMENT Washington, NC 27889
Subject: Revised Individual Permit
Action ID: 2004 1 1 502
Duck United Methodist Church
1214 Duck Road
Duck, Dare County, NC 27949
Dear Mr. Steffens,
EPI Project #: 03-142
Q~c~~aM~p
OCT 2 5 2AQ7
y,~NDS Mlp gTTO1t~NdN~A`tf~ ~R~h
Attached with this letter is the revised Individual Permit application for onsite parking at the Duck United
Methodist Church located in Duck, Dare County, North Carolina. The following items are included;
- Individual Permit Application
- North Carolina Ecosystem Enhancement Program (NC EEP) application
- Plat depicting proposed project
- Vicinity map
- Cross-section of proposed projert
Since the original application (AID 200411502; September 9, 2004) was submitted, a number of alternate
parking lot options have been evaluateel. The proposed layout utilizes the upland areas as much as possible,
avoids impacts to coastal wetlands, and greatly minimizes the overall wetland impacts. The applicant has
applied to NC EEP for mitigation related to unavoidable impacts (See attached NCEEP application).
Representatives of Duck United Methodist Church, Environmental Professionals, and Seaboard Surveying
met with the Town of Duck Planning Board on September 12, 2007 and the proposed parking lot was
approved by the Planning Board. Irritial plans are to bring the project in front of the Board of
Commissioners for final approval in October 2007.
If you have any questions, please do not hesitate to contact us at (252) 441-0239 or via email at
environmentalpro earthlink net.
Sincerely,
Environmental Professionals, Inc.
~~
Helen M. Furr
Project Manager
CC: Mr. Greg Dickerson, file
..„.,~,..~,„„ ~ ~u-.
~,,.
P.O. BOX 3368 • KILL DEVIL H -
0~-05~~ V~
APPLICATION FOR DEPARTMENT OF 'THE ARMY PERMIT OMB APPROVAL NO. 0710-033
(33 CFR 325) Expires October 1996
Public reporting burden for this collection of information is estimated to average 5 hours per response, including the
time for reviewing instructions, seazching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for reducing this bwden, to Department of Defense,
Washington Headquarters Service Directorate of information Operations and Reports, 1215 Jefferson Davis Highway,
Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project
(0710-0003), Washington, DC 20503. Please L)O NOT RETURN your form to either of those addresses. Completed
applications must be submitted to the district engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
Authority: 33 USC 401, Section 10; 1413, Section 404. Principle Purpose: These laws require permits authorizing
activities in, or affecting, navigable waters of the United States, the dischazge of dredged or fill material into waters of
the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routine
Uses: Information provided on this form will be used in evaluating the application for a permit. Disclosure: Disclosure
of requested information is voluntary. If infornation is not provided, however, the permit application cannot be
processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the
location and character of the proposed activity must be attached to this application (see sample drawings and
instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An
application that is not completed in full will be returned.
(ITEMS 1 THR U 4 TO BE FILLED BI' THE CORPS)
1. APPLICATION NO. 2. FIELD OFFICE CODE
3. DATE RECEIVED ~I. DATE APPLICATION COMPLETED
REVISED APPPLICATION -SEE AII)i 200411502; Seatember 9, 2004
(ITEMS BELOW TO BE FILLED BY~iPPLICANT)
5. APPLICANT'S NAME Duck United Methodist Church
AtUi: Nlr. Greg Dickerson
6. APPLICANT'S ADDRESS 8 Jumper "frail
Southern Shores, NC 27949
7. APPLICANT'S PHONE NOS. W/AREA CODE
(252) 2.`i6-2353
8. AUTHORIZED AGENT'S NAME AND TITLE (an agent is not required)
Environmental Professionals, Inc
Helen Mattioni Furr-Project Manager
9. AGENT'S ADDRESS
PO f3ox 3368
Kill Devil Hills, NC 27948
10. AGENT'S PHONE NOS. W/ AREA CODE
a. Residence N/A b. Business (252) 441-0239
1 I. STATEMENT OF AUTHORIZATION
I hereby authorize E»~"ironmental Professionals, ]nc. to act in my behalf as my agent in the processing of this
app ' tion and to furnishupon request, supplemental information in support of this permit application.
f. =
-•= /3 ~?C~~j
I,. NT'S SIGNATURE ATE
NAME, LOCATION, AND DESCR~TION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Duck United Methodist Church
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Curritttck Sotmd
14. PROJECT STREET ADDRESS (if applicable)
1214 Duck Road (US Hwy 12)
Duck, Dare County, North Carolina 27949
15. LOCATION OF PROJECT
Dare Count North Carolina
COUNTY STATE
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, (see instructions)
N/A
17. DIRECTIONS TO THE SITE
Take US Iiwy 12 North into the Town of Duck (Duck Road). Church will be on the left baud side of the road (west side),
approximately 500 feet past the RBC Century Bank, and directly across US Hwy 12 front Schooner Ridge Road.
18. NATURE OF ACTIVITY (Description of project, include all features)
Wetland till area totals 7,434 square feet.
19. PROJECT PURPOSE (Describe the reason or purpose of the project, see instructions)
Proposed parking lot f'orehurch-Please see attachment for details
SE BLOCKS 20-22 IF DREDGED ArTD/OR FILL MATERIAL IS TO BE DISCHARGED
20. REASON(S) FOR DISCHARGE
Fill fur proposed parking lot to west oP subject building -Please see attachment For detai Is
21. TYPE (S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS
Fill Sand -Estimated 530 cubic yards
22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS TO BE FILLED (see instructions)
0.17 acres
23. IS ANY PORTION OF THE WORK ALREADY' COMPLETE? YES NO X IF YES, DESCRIBE THE COMPLETED
WORK - -
24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, ETC., WHOSE PROPERTY ADJOINS THI,
WATERBODY (If more than can be entered here, please attach a supplemental list).
South Adjoining Property:
North Adjoining Property:
Siueath Properties, LLC
PO Box 1612
Nags Head, NC 27959
Mr. Jerry A. Davis
5020 Martins Point Road
Kitty Hawk, NC 27949
25. LIST OF OTHER CERTIFICATIONS OR APPItOVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE OR
LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION.
Along with local building perniits for Dare County and the Town of Duck, this prgject will require an access agreement between the
Duck United Methodist Church and Mr. Jerry Davis, owner of the Wee Winks Shopping Center located to the north of the property. A
copy of the easement agreement was forwarded to Che Army Corps of Engineers on August 15, 2007. In addition, representatives of
the Church, EPI and Seaboard Surveying met with the Town of Duck Planning Department on September 12, 2007. T'he site plan
depicting the proposed parking lot was approved by the Planning Board and final approval from the Board of Commissioners (BOG)
is scheduled for the upcoming BOC meeting in October 2007.
Also USAGE Nationwide Permit AID # 200310088 issued 1 Vl2%1002
AGENCY TYPE APPROVAL* INDENTIFICATIGN NUMBER DATE APPLIED DATE APPROVED DATE DEPIIED
*Would include but is not restricted to zoning, building and flood plain permits
26. Application is hereby made for a permit or permits to authorize the work described in this application. I hereby certify that the
anon in this application is complete and accurate. I further certify that I possess the authority to undertake the work described
herein or am acting as the,¢uly authorized agent of the applicant.
,4Sj8 ATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any
manner within the jurisdiction of any department or ,agency of the United States knowingly and willfully falsifies, conceals, or covers
up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or
uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shadl be fined not
more than $10,000 or imprisoned not more than five years or both.
September 13, 2007
uestions 19 and 20:
Environmental Professionals, Inc. (EPI) lhas received the comments for the Individual Permit application
for the Duck Methodist Church located in Duck, Dare County, North Carolina. In order to address the
comments from the various State and Federal agencies, EPI conferred with our client to discuss compliance
with the 1990 MOA including the need for additional parking as well as possible alternatives that may be
available. In addition EPI discussed incorporating a detailed mitigation plan, which will inchzde contacting
the North Carolina Department of )=environment and Natural Resources (NCDENF;) Ecosystem
Enhancement Program (EEP) for payment into their program.
Avoidance•
Questions were raised concerning the "need" for the additional parking area at the subject property. The
Duck United Methodist Church has church services/events every weekend with various events throughout
the week. The current available parking is located in the front of the property, along NC 12, and is limited
in the number of spaces available for parking. An agreement was established between the Duck United
Methodist Church and the retail stores to the north and south of the property, which allows members of the
congregation to park in their lots during the weekend services. Although this is helpful in the off-season
months, seasonal tourism increases the amount of traffic in the area making it difficult to accommodate all
of the needs of the congregation and retail business. An off-site parking area was researched as an option,
however finding available space was difficult due to the limited amount of open space left available in the
Town of Duck and increase costs of property in the area. Some members of the congregation have also
agreed to car-pool to improve the current parking situation; however the lack of parking still exists.
Minimization•
The initial Individual Permit application proposed a fill area of approximately 26,600 square feet for the
new parking area. A request was made by several State and Federal agencies to attempt to reduce the
amount of proposed fill in wetlands. To accommodate this, EPI reviewed an area of high ground located to
the north of the Chapel building (See attached plat). By utilizing this area of high ground, the amount of fill
was reduced significantly to 7,434 square feet. The majority of the fill needed will be for the access road to
the parking lot area, which will be connected via the existing parking lot to the north. Representatives of
the Duck United Methodist Church have coordinated with the owners of the Wee Winks Shopping Center
in order to obtain the necessary access a;;reements for the proposed parking area. By providing access to
the proposed parking via the Wee Winl:s Shopping Center it eliminates the need to add an additional
entrance along NC 12, which is an option that is not favored by the Town due to the increase of
development along the only major roadway in the area. A copy of the easement agreement was forwarded
to the Army Corps of Engineers on August 15, 2007.
MitiEation•
Comments were received regarding mitigation options for the unavoidable impacts generated from the fill
of wetlands. In order to address this issu<;, EPI has contacted the North Carolina Ecosystem Enhancement
Program (NC EEP) and will apply for mitigation credits to compensate for the wetland impacts. It is our
understanding that although we are proposing less than a quarter of an acre of fill, payment into NC EEP
requires at least a quarter of an acre to receive wetland credits.
Finally, increased stormwater runoff was also a concern raised by the State and Federal agencies due to the
increase of impervious surfaces from tlce proposed parking lot and its proximity to wetlands and the
Currituck Sound. The proposed parkin;; lot will be developed using "GravelPave2®" instead of an
impervious material such as concrete to aid with surface water runoff.
IN-LIEU FEE REQUEST FORM
Print this form, fill in requested information, si nand date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, or fax to 919-715-2219. Attachments are acceptable for clarification purposes (location map is required).
__ _. __ _.
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°I't'e !l ~ a.7 =- ! l'.' (DllilOll"II',
1. Business or Individual Name f E~~-t'onmen~s~ ~r~css~on~~s
2. Street Address or P O Box •Pd ~,~X .3~(eQ. ._..__
3. City, State, Zip
4. Contact Person I~2 ~ P~ rid ~ r
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6. Fax Number _
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15. Non-Riparian Wetland Impact (ac.)
16. Coastal Marsh Impact (ac.)
17. Stream Impact (ft.) (e.g. 1,234)
(See Note 2)
__
18. Buffer Impact-Zone (sq. ft.) (e.g. 12,34Ei)
(See Note 3)
__. __
__
19. Regulatory Agency Staff Contacts
(Indicate last names, if known)
__ _ _ _
20. Other Regulatory ID Information
(e.g„ USACE Action ID, if known)
__ _ _ __
Y u. ,
y t,~.l, ; ~6 ., ,.
Check (~I) below if this request is a:
_ revision to a current acceptance, or
_ re-submission of an expired acceptance
„ ~ . ail ~~:; ~~..,~t;
fi ~~.%'~'
Date: ~, ~ 3_ 0"~-
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http:l/cfpub.epa.gov/surf/locate/index.cfm Note (9) above: requirement to attach location map.
Note 2: For guidance on stream temperatures, go to:
http://www.saw.usace armv mil/WETLANDS/Mitigation/Documents/Stream/Appendices/Appendixl.pdf
Note 3' Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Kelly Williams at 919-716-1921 or kelly.williams@ncmail.net
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ENVIRON1ItENTA August ls, 2007
PROFESSIONALS ~.. Tom steffens
=~-~-INC.-=-:~_ US Army Corps of Engineers
RLANNfNC FOR PO Box 1000
A BETTER
ENVIRONMENT Washington, NC 27889
Subject: Easement Agreement
Action ID: 200411502
Duck United Methodist Church
1214 Duck Road
Duck, Dare County, NC; 27949
Dear Mr. Steffens,
EPI Project f#: 03-142
Attached with this letter is the easement agreement between the Duck United Methodist Church (referred as
THE CHURCH PROPERTY) and the Jerry A. Davis property (referred as DAVIS). This easement
agreement is part of the Individual Permit application (Action ID # 2004 1 1 502) for onsite p;~rking at THE
CHURCH PROPERTY located in the 7'ovvn of Duck, Dare County, North Carolina.
If you have any questions, please do not hesitate to contact us at (25) 441-0239 or via email at
helenfiirr(c~earthlinlc.net.
Sincerely,
Environmental Professionals, Inc.
elen M. Furr
Project Manager
CC: Mr. Greg Dickerson, file
P.O. BOX 3368 KfLL DEVIL HILLS, NCDOT'w t-.nQne i~ie ~,n,~., ...:...
Filed Book: 1740 Page: 79 Doc Id: 6226095
08/14/2007 02:31 PM Receipt #: 191472
Doc Code: RGMT
BARBARA M GRAY, REGISTER OF DEEDS DARE C0: NC
DARE COUfdiYTAX
COLLECTOR
muuiiuuuimirimuiinumuuiimumui °;.~°s ,.
Mail after recordu1g to ~ (,~ ~('~- `
L CL ~Q; .S c,n: 1 ~ ~. C_~~l C.Ci ~'lG~u,l iC: ~(J ZC~-,i(
Tlus instnunent «~as prepared by Gi•egary E. «'ills S ow'j~~,+~ 51„{,!'p5 ~ .e.1~, a ? ~ ~~ ~
EA.`~E,~~IENT AGREEMENT
This agreement is entered this the~_ da}' of (~ ~ -~- 2007 b
and between the Duck united Methodist Church (hereinafter zefas "DUivIC") y
and Je1.1y A. Davis (hereinafter referred to as "DAVIS") for the purposes set forth herein:
WITNESSETH
WHEREAS, DU~~IC is title o~~~ner of the real property located at 1214 Duck
Road; Duck, North Carolina, said property being more particularly described in i:hat
certain deed recorded in Book 653, Page 54~ of the Dare County Registry (heI•e:inafter
refen•ed to as "THE CHliRCH PROPERTY"), and
WHEREAS, DliYIC wishes to construct upon THE CHliRCH PROPERTY a
new parking lot behind the eYistin.g church building. The location, scope and size; of said
ne«~ parking lot will be substantially as reflected in the Plat and Suzvey of Seaboard
Surveying & Planning Inc. dated '~7ay 29, 2007, a copy of ~~~hich is attached hereto as
Exhibit A and incorporated herein. by reference, and
WHEREAS; DAVIS o«-ns the parcel of land immediately north of THE
CHURCH PROPERTY, said parcel being more palicularly described in that certain
Deed recorded in Book 369, Page 9;14 of the Dare County Registr}~ (hereinafter refel•I•ed
to as "THE DAVIS PARCEL"), and
WHEREAS, at the time of•this agreement, THE DAVIS PARCEL contains
several buildings being used as com:inercial retail shops which share a common asphalt
parking lot with access to Duck road. Said buildings and parking lot are commonly
refened to as the Wee ~~%inlcs Shopping Center. On Sunday morning and during special
muumi uiu uim mi aiiuumi ui iiui iui nii °;~°°, :, ..,
events at the church, overflow parking from the church completely fills the Wee Vdinks
Shopping Center parking lot, and
WHEREAS, the parties hereto stipulate and agree that it is in their mutual interest
to allow DUMC to construct the new parking lot upon THE CHtiRCH PROPERTY; as
reflected in the attached Exhibit A ~,vith access to and from said new parking ancf duck
road being over and across THE DAVIS PARCEL through the parking lot presently
serti-ing the Wee Winks shopping center, and
WHEREAS, the parties believe it is in their mutual interest to grant reciprocal
easements as set forth herein to allow joint use and access to the new parking lot.
NOW THEREFORE, based on the consideration, mutual covenants and premises
set forth above, the parties do hereby grant and convey reciprocal easements and rights as
follows:
I. DU1'VIC shall grant to DAMS, his heirs and assigns, a perpetual right to use the
new parking lot for day time vehicular parking for the tenants, guests and invites
of the ~Vee Winks Shopping Center.
2. DAMS does hereby grant unto DliMC, its heirs and assigns, a pez~~etual
easement over and across the DAVIS PARCEL through the existing Wee; Winks
parking lot. DAVIS understand that this shall require the z•emoval of
approximately three parking spaces in the ~'~'ee Winks shopping center parking lot
where the access road for the new parking lot touches the DAVIS PARC]~L as
reflected in the attached Exhibit A.
The parties stipulate and agree that DliI~IC shall have the exclusive right to use
the parking lot during Sunday morning worship services and during special events
such as Weddings, Funerals, and other church activities and ceremonies that may
occur from time to time. Duz•ing said times, DUMC shall have the right to resen-e,
divert traffic or otherwise limit access to the new parking lot in favor of members
and invitees of the church.
4. This declaration shall nm ~.vith the land and shall be binding upon the heirs,
successors, and. assigns, of the declarants signing belo~~-,
In testimony whereof, declarants have caused this declaration to be signed and
have hereunto set their seals as ofthe day and year first «~z•itten above.
By: V.f/1 ~,
George H. Courter, 'T'rustee of the
Duck United 1~lethodist Church
.~•~L-C-C2../
Jen• is-. -
STATE OF NORTH CAROLINA I IIIIII VIII VIII IIIIII IIII VIII IIIIIII III VIII IIII IIII 6 ag 609 of 02:31 P
COLJ\TTY~CITY OF DARE
C.~rri+uc k
I, ~b ~ S, t~.r'e ,the undersigned, a rotary Public of tk~e County and State aforesaid,
certify that George H. Courter, personally appeared before me this day and
acknowledged the execution of the foregoing instrument. }~~ituess my hand and offrcial
stamp or seal, this ~~ day of _~~ -° 2007.
Notary Pu lic - ~"~"~`""'
~ Ann s. E~~
My Commission Expires: Q"S I ?~ ~~,01 V N~~rY ~ibli~:
f Cgtrituck County, NC
STATE OF NORTH CAROLI\?A
COLJN'TY; CITY OF DARE
I, ~d /`mh S. ~ t,w~ ,the undersigned, a \TOtary Public of ~xe~ou hand State aforesaid,
certify that Jerry A. Davis, personally appeared before me this day and
acknowledged the execution of the foregoing instrument. ~t%itness my hand and official
stamp or seal, this ~ ~ day of _ ~_ , 2007.
Nota ublic _
VIv Commnission Expires: ~ 5 3 ~ 2010
Jo Amt S. Euro
Notary Public
Ct;rrItuck County, NC
CURRIlUCK
SCDND
SOUTHERN
SHORES
VICINITY MAP
- PHONE PEDESTAL
- C. A. T. Y.
~ Q>- UTILITY' POLE
-{ - G'J Y W' R E ~ ~
~' - FIRE HYDF'ANT ~~ ,~ ~ ~ ~ ~ ~ .,,L(
- ELECT. TRANS. ~-+ / r
IIIIIII~~I"Illlllllllllillllllllllilllllllllll ~IIiI'll 082609 of 02 31P
THIS DOCUMENT ORIGINAL.~Y ISSUED AND SEALED BY
W.C. OWE.N, L-3216, ON 05/29/07. THIS MEDIA SHALL
NOT BE CONSIDERED A CER T IFIED DOCUMENT,
~fl~ S /yl,~/? i ~ .Nv ~ Gc /^, D
~'VvT ~~~
._ . ~/ f / ccr~,(f G~%-7.f L(~C?~ir• ,~p~y,..c.f ~~ Kr G/` (, , .1
LINE TABLE
LWE ~ LENGTH BEARING
L47 20.50 S09'26'OB"E
L~8 28.71 S80'33'S2"W
~._~_CURVE TABLE ~--1