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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). __ _. __ _. ~., _... V (, 7 b..~ .,. i 7~{1 ! i !~ r r ,. ti ~ ... i~?!'; .. °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 ' __ - _ ~ 5. Telephone Number _ . _ .._ o~sa - `-~ I - Oa 31 6. Fax Number _ yy_.~_- C~"}2l 7. E-Mail Address (optional) sa - ~'hvrc~ 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 h Pariilib National'pste I --__ q fl ~RDS''(N~PGN` -HEgUWIND ~ ~ ~~I aY~ c ~ WN ~ ~ p N 2 0: waY I i of o ~aC sN pWa'c ; SHIW'S WATCH ! s o: _. _ . 4 " --._. - - - ... i OE ~ G - --- w CZ _... .__.-._; _.. _..-.. ~ .. Op II ~? °S r MAN`•.. I I .......... __. ~. _-SFA_ _. CK g.. _. ~., H ( ~ ~a a 3 ~ i c Rp. E,~RIER ISLAND---._ r- _ utie ' 11 ~° z R I i ! ~ C F FOR (~LJE DUtiK BEACH: L ~ YV~;atarfront Shoiy~ ~ 9 cppK 90 Cd3L.9NY BY't'HESEA '~~~u t .n u' Av nric-. ~ ~ S .A' OLONY ° ~ ' Watcr'7owel'+t)ur~'.+~ O o s Dq t D"~qN ~. 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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