HomeMy WebLinkAbout20031261 Ver 1_COMPLETE FILE_20031010(t :? . ?-1 (. l
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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:
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-- mQ V require- ,r?i 1i,
via c 3 Boa 6,0,441
- see-
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aV0 I d f?A f i -}i M2 5 wQt? ?of?es?"
P
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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
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-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
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