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HomeMy WebLinkAbout20031261 Ver 1_COMPLETE FILE_20031010(t :? . ?-1 (. l // IN REPLY REFER TO Regulatory Branch Action ID No. 200310324 s ?' _(r [ 9 FEB 13M i WA Lighthouse Assembly of God Church Attn. Mr. Calvin Burrus Post Office Box 459 Buxton, North Carolina 27920 Dear Mr. Burrus: Please reference the January 29, 2003, meeting between you, acting as agent for the Lighthouse Assembly of God Church (the Church), Mr. Tom Walker of my staff, Mr. Dennis Hawthorn of the North Carolina Division of Coastal Management, and Mr. Steve Crumb, contractor. This meeting was held on the approximately 3.6 acre tract of land owned by the Church, located off the south side of NC Highway 12, approximately 700 feet west of the intersection of NC 12 and NCSR 1232, adjacent to Peters Ditch, in Buxton, Dare County, North Carolina. Information gathered by Mr. Walker reveals that the Church has undertaken unauthorized mechanized landclearing and filling of 0.66 acres of Department of the Army jurisdictional wetlands on this property in conjunction with the development of a building site. This activity undertaken within waters of the United States, including wetlands, without authorization by a Department of the Army permit is a violation of Section 301 of the Clean Water Act (33 USC 1311). As you agreed, you should cease and desist from any further work within waters and/or wetlands and immediately stabilize all material to prevent erosion into waters and/or wetlands. As you further agreed, within 30 days of your receipt of this letter, the Church will provide to this office, a comprehensive site plan showing all proposed development on this site. This information is crucial to our determination of the remedial action required to rectify this violation. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 February 11, 2003 -2- Fjilluure to comply with this directive may result in referral to the United States Attorney with a recommcdetion for civil prosecution. Thank you for your time and cooperation. If you have any questions, please contact Mr. Walker at the Washington Regulatory Field Office, telephone (919) 975-1616, extension 24. Sincerely, David M Lekson, P.W.S. Chief, Washington Regulatory Field Office Copies Furnished: United States Attorney Eastern District of North Carolina 310 New Bern Avenue Suite 300, Federal Building Raleigh, North Carolina 27611 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Div. U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, GA 30303 Mr. Garland Pardue U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 -3- Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Ted Sampson, Manager Division of Coastal Management North Carolina Department of Environment and Natural Resources 1367 US 17 South Elizabeth City, North Carolina 27909 Mr. Floyd Williams Division of Land Resources North Carolina Department of Environment and Natural Resources 943 Washington Square Mall Washington, North Carolina 27889 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 MEMORANDUM TO: John Dorney Non-Discharge Branch Regional Contact: tom steffens WO Supervisor: Roger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Light Assembly of God County Dare Project Number 03 1261 County2 Recvd From APP Region Washington Received Date 10/10/03 Recvd By Region Project Type construction of Church Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 18 4040 Y O N F_ 30-22 SA HQW 30,155. 0.10 r- F_ ?? ? Y N ????-? ? I .I - Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more Info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y O N Recommendation: 0 Issue 0 ISSue/Cond 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) Comments: Hold- applicant has to address stormwater management cc: Regional Office Central Office Page Number 1 401 comments Subject: 401 comments Date: Mon, 15 Dec 2003 15:45:22 -0500 From: Tom Steffens <tom. steffen s @ nc mail. net> To: Cyndi Karoly <cyndi.karoly@ncmail.net> CC: Bob Zarzecki <bob.zarzecki@ncmail.net> Cyndi, the following have been entered into fp5. I will generate all of the hold letters for the ones indicated by HOLD, EXCEPT for Ruth Jolly Wilson. They have applied for a Coastal Gen , but they do not qualify due to it being platted and recorded in the applicants name in jan of 2002, nor do they have a valid septic permit. and all of the impacts ( commercial building in zone I) including the proposed septic system occur in zone I or II . Since we do not deny applications , it, it should be placed on hold until they apply for a major variance. This is an Oracoke project, has hot political ramifications. Better from you than me initially. call for ?'s 03-1508 Ruth Jolly Wilson 12/15/2003 C-gen 3-Dec HOLD- Applicant does Ic U(- not qualify for C-gen, needs Major Var 03-1402 Steve and Barbara Kelly 15-Dec c-gen 27-Nov HOLD Isssue with c-gen documentation when delivered 03-1477 Ivey Johnson 15-Dec DCM Maj 20-Nov HOLD- Application and materials do not agree 03-1512 Doug Hinson 15-Dec DCM Maj 7-Dec Issue n/c 03-1548 Dowry Creek Condos-Harborwatch 15-Dec DCM Maj 3-Dec Issue w/cond: Applicant must allow water transmission passage gaps in rip rap every 50 feet 03-1261 Light Asembly of God 15-Dec DCM Maj 21-Oct HOLD- applicant must address stormwater issues No Number in system: Wi1liam Frey ,15-Deq ,min,:vaj ,2?rDec? Issue w/con- applicant keeps retain ng'wal1 15` from DCM line ?I 1 of 1 12/16/03 9:43 AN W A T? Michael F. Easley, Governor Q /9 OCR pG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ` Alan W. Klimek, P.E., Director Division of Water Quality O Coleen H. Sullins, Deputy Director Division of Water Quality December 4, 2003 DWQ# 03-1261 Dare County Mr. David Waterfield P.O. Box 459 Buxton, NC, 27920 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Waterfield: You have our approval, in accordance with the attached conditions, to grade and fill 0.10 acre of wetlands in order to construct the Light Assembly of God church along with associated parking areas on your property in Dare County, as described in your application received by the Division of Water Quality on October 10, 2003. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This Certification allows you to use Nationwide Permit Number 18 when it is issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non- Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. 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 in writing and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional condition listed below: 1. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds on the property. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands ; 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. 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 Notice Application. All 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. A,, N. C. Division of Water Quality, 401 Wetlands Certification 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), (httn://h2o.enr.state.nc.us/ncwetlands) Customer Service #: 1-877-623-6748 Mr. David Waterfield December 4, 2003 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. 5. An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office before the impacts specified in this Certification occur per condition no. 3 in General Certification 3402. You are required to obtain prior approval of this plan prior to any development of the site beyond that directly associated with the road crossing. The stormwater management plan must include plans and specifications for stormwater management facilities that are appropriate for surface waters classified as Class C and deigned to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality; The above condition shall apply unless it is demonstrated in writing to the satisfaction of this Office that the impervious area of the entire, built-out project shall be less than 30% and that there are no areas of concentrated impervious area over 30% within the project such as, but not limited to, commercial areas, multi-family, clubhouses, maintenance areas, etc. A State Stormwater Permit (15 A NCAC 2H .1000) can be considered to meet this condition. 3. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401 Certification has been completed. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Tom Steffens in our Washington Regional Office at 252-946-6481 or Cyndi Karoly in the Central Office in Raleigh 919-733-9721. Sincerely, Alan W. Klimek, P.E. AW K/cbk Attachments cc: Corps of Engineers Washington Regulatory Field Office Washington DWQ Regional Office Central Files File Copy Doug Dorman, Quible & Associates, P.O. Drawer 870, Kitty Hawk, NC, 27949 031261 Triage Check List 4nl, Date: Project Name: DWQ#: To: ? ARO Mike Parker ? FRO Ken Averitte ? MRO Alan Johnson County: aR0 Tom Steffens ? ?XmiRO Noelle Lutheran ? WSRO Daryl Lamb ? RRO Steve Mitchell From: Telephone : (919) 73.E X s?-t-/ The file attached is being forwarded to your for your evaluation. Please call if you need assistance. ? Stream length impacted ? Stream determination ? Wetland determination and distance to blue-line surface waters on USFW topo maps Minimization/avoidance issues ? Buffer Rules (Neuse, Tar-Pamlico, Catawba, Randleman) ? Pond fill I Mitigation Ratios ? Ditching ? Are the stream and or wetland mitigation sites available and viable? eck drawings for accuracy ?- ? Is the application consistent with pre-application meetings? ? Cumulative impact concern Comments: /1 /n -- mQ V require- ,r?i 1i, via c 3 Boa 6,0,441 - see- o? aV0 I d f?A f i -}i M2 5 wQt? ?of?es?" P r Quible & Associates, RC. P,O. Drawer 870 atTy Hawk, NC 27949 ENGINEERING • ENVIRONMENTAL SCIENCES • PLANNING Phone: 252-261-3300 SINCE 1959 F= 252-261-1260 PRINCIPALS Sean C. Boyle, P.E. Joseph S. Lassiter, C.E.P. October 7, 2003 VDE NDS /401 GROUP Eduardo J. Valdl RE. ASSOCIATES Joseph J. AnWuf, P.E. David S. Neff Mr. John R. Dorney O C T 1 0 2003 Water Quality Certification Program NC Division of Water Quality WATER QUALITY SECTION 4401 Reedy Creek Road Raleigh, NC 27607 Re: Nationwide #18 Permit Application, Light Assembly of God Buxton, Dare County, North Carolina Dear Mr. Dorney: The purpose of this correspondence is for Quible & Associates, P.C. to provide the North Carolina Division of Water Quality, with a Nationwide #18 Permit application submitted by our firm on behalf of The Light Assembly of God. The subject property is located on NC 12 approximately 275' west of Barley Lane in Buxton, Dare County, North Carolina. The Light Assembly of God is proposing to fill 0.10 acres of 404 wetlands for the construction of a new church. Several site plan options have been reviewed and the enclosed plan meets the necessary parking requirements associated with the Dare County ordinances as well as providing adequate setbacks to the existing wetlands for the proposed wastewater system. We are therefore requesting that 0.10 acres of wetlands be filled in order to accommodate the proposed site plan. The attached application package consists of the following: 1. 7 copies of the Pre-Construction Notification Application 2. 7 copies of the full size (8.5" x 14") Site Plan 3. Fee Check for $200.00 made payable to NCDENR If there is any need for additional information, or if you have any questions, please do not hesitate to contact me at (252) 261-3300. Sincerely, Quible & Associates, P.C. Douglrman cc: William Wescott Rev. David Waterfield 8 a ?4Q 0 ,0 s? • IVQ, 17 c _ ? .,? ttere? U - 74 p _ ` rS woo 7-7 -7 40 _46TTRI? '?"? SEA! t ? • s - .,. ?, .r -tea, •. r -A . (CAPE 1A77E AS) ?TjQ f • 32?30? ' CAGE HA / T ERAS' 8884 N NE COAST GUARD S7A. 0.3 Ml. SCALE 1:24000 0 1 MILE 1000 0 1000 2000 3000 4000 3000 6000 7000 FEET 3 5 • p 11 KILOMETER (C) 1997, Wptech, Inc. USACE Action ID No. DWQ No. If any particular item is not applicable to this project, please enter "Not Applic2l:d " _N "N/A" rather than leaving the space blank. ,Y??LA /401 GRUp 1. Processing OCT X 0 2003 1. Check all of the approval(s) requested for this project: WATER ® Section 404 Permit QUAL I TySECT10N ? Section 10 Permit ® 401 Water Quality Certification ? Riparian or Watershed Buffer Rules 2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide 18 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? N/A 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (see section VIII - Mitigation), check here: ? N/A II. Applicant Information 1. Owner/Applicant Information Name: Light Assembly of God, Attn: Rev. David Waterfield Mailing Address: PO Box 459 _ Buxton, NC 27920 Telephone Number: (252) 995-5354 Fax Number: N/A E-mail Address: N/A 2. Agent 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: Doug Dorman Company Affiliation: Quible & Associates Mailing Address: P.O. Drawer 870 Kitty Hawk, NC 27949 Telephone Number: 252-261-3300 Fax Number:-252-261-1260 E-mail Address: ddormanAquible.com Page 1 of 8 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: Light Assembly of God 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A 3. Property Identification Number (Tax PIN): #052608887108 4. Location County: Dare County Nearest Town: Buxton Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc. Heading west on NC 12 in Buxton. Property located approximately 275' west of Barley Lane across from the. Cape Hatteras School. 5. Site coordinates, if available (UTM or Lat/Long): 3515.51 N 7533.07 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. Describe the existing land use or condition of the site at the time of this application: The property is a vacant 3.62 acre parcel that is currently zone C-3. 7. Property size (acres): 3.62 acres 8. Nearest body of water (stream/river/sound/ocean/lake): Pamlico Sound 9. River Basin: Pasquotank 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/maps/.) Page 2 of 8 10. Describe the purpose of the proposed work: The Light Assembly of God is proposing to build a new church. The area to be filled will provide a location for the proposed building and the remaining uplands will be used for the necessary parking and wastewater. 11. List the type of equipment to be used to construct the project: Dump truck and frontend loader 12. Describe the land use in the vicinity of this project: Developed residential and commercial properties. 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. Jurisdiction determination has been made and a wetland plat has been signed by Tom Walker (USACE). An action ID number has been assigned but has not been obtained at the time of this submittal. No previous permits have been obtained or requested for this lot. 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: No future permit requests are anticipated for this project at this time. 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. 1. Wetland Impacts Page 3 of 8 Wetland Impact Site Number indicate on ma Type of Impact* Area of Impact acres Located within I00-year Floodplain** es/no) Distance to Nearest Stream feet Type of Wetland*** 1 404 wetland fill 0.10 ac. Yes Peters ditch crosses the center of the property. Forested wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www.fema.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.) List the total acreage (estimated) of existing wetlands on the property: 0.64 acres Total area of wetland impact proposed: 0.10 acre 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number indicate on ma Type of Impact* Length of Impact linear feet Stream Name** Average Width of Stream Before Impact Perennial or Intermittent? leasespecify) N/A N/A N/A N/A N/A N/A * 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.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com, www.m,tpquest.com, etc.). Cumulative impacts (linear distance in feet) to all streams on site: no stream impacts Page 4 of 8 Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Site Number indicate on ma Type of Impact* Area of Impact acres Name of Waterbody (if applicable) Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. N/A N/A N/A N/A N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 4. 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. N/A 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A 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. The proposed impact (wetland fill) was limited to a 0.10 acres (4,340sfl area for the location of the proposed church building. The Remaining uplands are to be used for the parking and wastewater as required by Dare Count regulations. All efforts have been made to avoid and minimize impacts to the wetlands therefore we feel the impacts are justified. Page 5 of 8 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. 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:Hh2o.enr.state.nc.us/ncwetlands/strmgide.litml. 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. A conservation easement is proposed for the remaing wetlands located onsite at a ratio of 5.5:1 (0.54 acres) (see attached plat). Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that you would like to pay into the NCWRP. Please note that payment into the NCWRP must be reviewed and approved before it can be used to satisfy mitigation requirements. Applicants will be notified early in the review process by the 401/Wetlands Unit if payment into the NCWRP is available as an option. For additional information regarding the application process for the NCWRP, check the NCWRP website at hgp:Hh2o.enr.state.nc.us/wM/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): N/A Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): N/A Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A Page 6 of 8 IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federal/state/local) 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 (919) 733-5083 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 (DWQ Only) 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 N/A )? 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 N/A 3 N/A 2 N/A 1.5 N/A Total N/A N/A * "Zone 1 extends out 30 teet perpendicular from near bank of channel; "Zone 2 extends an additional 20 feet from the edge of Zone 1. Page 7 of 8 If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0260. No buffer mitigation required for this project since disturbance/fill is not within the buffer. XL Stormwater (DWQ Only) 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. Existing impervious areas do not exist at this site. The proposed impervious areas are limited to the gravel driveway, parking and church buildings. Total impervious area proposed is 29,920 s.£ XII. Sewage Disposal (DWQ Only) 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. All wastewater systems will individual systems for each single family residence and each type will be determined for the specific site location. XIII. Violations (DWQ Only) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). No constraints are currently associated with this project. G> Applicant/.gent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 8 of 8 MEMORANDUM TO: John Dorney Regional Contact: torn steffens Non-Discharge Branch WQ Supervisor: Boger Thorpe Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Light Assembly of God County Dare Project Number 03 1261 County2 Recvd From APP Region Washington Received Date 10/10/03 Recvd By Region Project Type construction of Church Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 18 404 O Y O N F-- 30-22 SA -HQ -w 30,155. 0.10 F-- F- F- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y 0 N Did you request more info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y 0 N Recommendation: 0 Issue 0 Issue/Coed 0 Deny Provided by Region: Latitude (ddmmss) Longitude (ddmmss) cc: Regional Office Central Office Page Number 1 Comments: Hold- applicant has to address stormwater management ai I ? I ITE `?? ? tttt tt I It ; 1iI r VICINITY MAP NTS METLANM J WETLANDS/ 401 G UPLANDS o ROUP OC T 1 0 2003 ,?nANDs ,? WATER QUALITY S ECTION FAMILY LIFE CENTER AL PROPOSED AREA TO BE FILLED (4,345 SF) AL A' h l AL AL ? I W M srsTd o wusA as : p 2S MBL LEGEND FU MM C4.M W) - W PM?d? WA%K PA q MU ?_ - ... - pwlMp M101o1t QI? w LIGHT ASSEMBLY OF GOD NATIONWIDE #18 FILL PERMIT 3.62 ACRE PARCEL OF LAND BUXTON DARE COUNTY NORTH CAROUNA 50' 0' 100' 200 300' Quible and Associates, P. C. GRAPHIC SCALE 1 °= 100 ENGINEERS, PLANNERS, ENVIRONKINTAL SCIENCES FILE: P03077 SURVEYED: OTHERS PLATTED: 10/2/03 P .O. DRAWER 870, A7T77 HAWK, N.C. 27949 4 a VICINITY MAP NTS WETLANDS/ 401 GROUP OCT 1 0 2003 WATER QUALITY SECTION nao? !LL MM (4.M !) FlIQ? I1 ML P mm m" ammm Ono LIGHT ASSEMBLY OF GOD NATIONWIDE #18 FILL PERMIT 3.62 ACRE PARCEL OF LAND BUXTON DARE COUNTY NORTH CAROUNA 50' 0' 100' 200 300' Quible and Associates P. C. GRAPHIC SCALE 1"= 100' ENGINEERS, PLANNERS, ENVIRONMENTAL SCIENCES FILE: P03077 SURVEYED: OTHERS PLATTED: 10/2/03 P .O. DRAWER 870, A7TTY HAWK, N.C. 27949 -?C orwy. IZ R 0 ITE ???,.. _ ? liil 11 I? 11 • 111 •. VICINITY MAP NTS rE,to,r,vs J m J m UPLANDr O WETLANDS/ 401 GROUP ?'ETLNIDS Q C T 1 0 2003 LIFE FAMCENILYY TER WATER QUALITY SECTION AL PROPOSED AREA TO BE FILLED (4,313 S? AL A& Ak AL 1 10 AL f I I W + r wA ? srs,FM + L+iES a as s 28 MBL -++ a r LEGEND 1 RL AM (4AO W) W nOV+W WAML ? AVA r hvy. 12 LIGHT ASSEMBLY OF GOD NATIONW IDE #18 FILL PERMIT 3.62 ACRE PARCEL OF LAND BUXTON DARE COMM NORTH CAROUNA 50' 0' 100' 200' 300' Quible and Associates P. C. GRAPHIC SCAL E 1"= 100' ENCINEERS, PLANNERS, ENVIRONMENTAL SCIENCES FILE: P03077 SURVEYED: OTHERS PLATTED: 10/2/03 P.O. DRAWER 870, A7TTY HAWK, N.C. 27949 ?. • 4 r • ? 1 ITE `??,. ? - j 1 I 1 l l l 1 r , i 1 t r ,, VICINITY MAP NTS ra=nAw?s J m UPLANDS ° WETLANDS/ 401 GROUP OCT x p 2003 WATER QUALITY SECTION FAMILY LIFE CENTER PROPOSED AREA TO BE FILLED (4,345 SF) ilYt 2 l AL AkL r , J*L I W w w 1MA A ,. sYS1eM a ? a as 23 MBL -? w r LEOENO I n Fu MA (4jft W) W ? IFAm. PM= MU w - ... - Dana wMOac pey -??__ MN1y 12 LIGHT ASSEMBLY OF GOD NATIONW IDE #18 FILL PERMIT 3.62 ACRE PARCEL OF LAND BUXTON DARE COUNN NORTH CAROUNA 50' 0' 100' 200 300' Quible and Associates P. C. GRAPHIC SCAL E 1"= 100' ENGINEERS, PLANNERS, ENVIRONMUTAL SCIENCES FILE: P03077 SURVEYED: OTHERS PLATTED: 10/2/03 P.O. DRA"R 870, A7TTY HAWK, N.C. 27949 ITE ti ll VICINITY MAP NTS MnANM UPLAND5 YeTLANM FAMILY LIFE CENTER AL PROPOSED AREA TOBE FlL D ARE s? WETLANDS/ 401 GROUP AL ,Ire OCT 1 0 2003 WATER QUALITY SECTION Ak AL Y ? w WA A srslo? o LlrES a ac. : 25 MBL LEGEND 1 ? ru wa (4AW W) W ? earn ? wu w - = NNry, 12 - LIGHT ASSEMBLY OF GOD NATIONW IDE #18 FILL PERMIT 3.62 ACRE PARCEL OF LAND BUXTON DARE COUNTY NORTH CAROUNA 50' o' ,oo' 200' ij Qmble and Associates, P. C. GRAPHIC SCAL E 1"= 1oo' BNGINBBRS, PUNNERS, NNVIRONMENTAL SCINNCBS FILE: P03077 SURVEYED: OTHERS PLATTED: 10/2/03 P.O. DRAIIRR 870, A7TTY HAWK, N.C. 27949 I • O f '?Y ITE ?M?. ? ? IIII it II I ,? r III „ VICINITY MAP NTS METLAWS J m J UpLANM O 1._ LAM FAMILY LIFE CENTER ? PROPOSED AREA TO BE WETLANDS/ 401 GROUP OCT 1 0 2003 rt I WATER QUALITY SECTION W M A A srsm? + uNES a as Y : ? MBL ?+ r LEGEND ? 1+L AMA (1,+1+ W) W ? 4FAML ' A? AWA // M ^v?• 12 _ LIGHT ASSEMBLY OF GOD NATIONWIDE #18 FILL PERMIT 3.62 ACRE PARCEL OF LAND BUXTON DARE COUNN NORTH CAROUNA 50 100' so' o' ,oo' zoo' 300' and Associates, P. C. GRAPHIC SCALE 1"= 100' ENGINEERS, PLANNERS, RNVIRONKINTAL SCIENCES FILE: P03077 SURVEYED: OTHERS PLATTED: 10/2/03 P• 0• DRAWER 870, 17TTY HAWK, N. C. 27949 +?s ITE `'M?. ? ? liil 11 l 1T ,., 1tI ,. VICINITY MAP NTS Mn NM J m UPLANDS WETLANDS 1401 GROUP ,,??? OCT 1 0 2003 WATER QUALITY SECTION FAMILY LIFE CENTER 1Yc. PROPOSED AREA TO BE FILLED (4,345 SF) Ake . `.. .. _y ... x I Y w j1 . w wA EY(ATER sYS1Ew tt errs a as s 2S MBL LEGEND Pram Fu MM (4" IY Pomm GUM PM Im w LIGHT ASSEMBLY OF GOD NATIONW IDE #18 FILL PERMIT 3.62 ACRE PARCEL OF LAND BUXTON DARE COUNTY NORTH CAROUNA 50' o' ,oo' 200' 300' Quibte and Associates, P. C. GRAPHIC SCAL E 1"= 100' ENGINEERS, PLANNERS, ENPIRONMENTAL SCIENCES FILE: P03077 SURVEYED: OTHERS PLATTED: 10/2/03 P.O. DRAWER 870, A7TTY BATIK, N.C. 27949