20090766 Ver 2_Approval Letter_20100614

AL ? ET
NDIR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 14, 2010
Pastor Jerry M. Williams
Agape Word Fellowship, Inc.
9100 Rhinebeck Ct.
Raleigh, NC 27613
Project Name: Agape Fellowship Church
UT Walnut Creek [030402, 27-24-(4), C, NSW]
Wake County
DWQ EXP#: 09-0766v2
AUTHORIZATION of Neuse River Buffer Rule (15A NCAC 02B.0233) Authorization Certificate
with Additional Conditions
Dear Pastor Williams:
You have our authorization, in accordance with 15A NCAC 02B .0233 and any conditions listed below,
to impact approximately 1,695 square feet of Zone 1 Neuse River basin protected riparian buffer and
1,622 square feet of Zone 2 Neuse River basin protected riparian buffer to construct the church project
and proposed aerial sanitary sewer crossing at the site as described within your application dated June 11,
2010 and received by the Division of Water Quality on June 14, 2010. In addition, you should obtain or
otherwise comply with any other required federal, state or local permits before you go ahead with your
project including (but not limited to) Erosion and Sediment Control, Non-discharge regulations.
This authorization certificate is for the purpose and design that you described in your application. If you
change your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this authorization letter and is thereby
responsible for complying with all conditions. This authorization requires you to follow the conditions
listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Authorization are met. No other impacts are approved including incidental
impacts:
Type of Impact Amount Approved
(Units) Plan Location or Reference
Zone 1 Buffers (permanent 1,695 s ware ft. June 11, 2010 PCN Buffer Impact Table
Zone 2 Buffers (permanent) 1,622 (square ft. June 11, 2010 PCN Buffer Impact Table
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Ste 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/swp/ws/401
NofthCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Agape Word Fellowship, Inc.
Page 2 of 4
June 14, 2010
2. Erosion & Sediment Control Practices
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.
3. Buffer Mitigation (Lane Island Mitigation Bank)
You are required to mitigate for impacts to the protected riparian buffers. The required area of
mitigation to compensate for 128 square feet of parallel impacts to Zone 1 of the riparian buffer is
384 square feet as required by 15A NCAC 2B .0233. We understand you wish to make a payment
into the Lane Island Riparian Buffer Mitigation Bank administered by Restoration Systems, LLC to
meet this mitigation requirement. This has been determined by the DWQ to be a suitable method to
meet the mitigation requirement. This contribution will satisfy our compensatory mitigation
requirements in accordance with 15A NCAC 2B .0233(9)(C). Until Restoration Systems, LLC
receives and clears your check, no impacts specified in this buffer authorization shall occur.
Restoration Systems should be contacted at [phone] if you have any questions concerning
payment. For accounting purposes, this buffer authorization authorizes payment into the
Lane Island Riparian Buffer Mitigation Bank to compensate for 384 fe of required riparian
buffer mitigation for impacts to 128 ft' of protected riparian buffers; 03020201, 03-04-02, 27-
34-(4) HUC, river and subbasin.
4. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond
the footprint of the impacts depicted in the Pre-Construction Notification. All construction
activities, including the design, installation, operation, and maintenance of sediment and erosion
control Best Management Practise, shall he performed so that no violations of state wpff-r gimlity
standards, statutes, or rules occur.
5. No Sediment & Erosion Control Measures within Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters without prior
approval from the Division. If placement of sediment and erosion control devices in wetlands
and waters is unavoidable, design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion
control devices shall be removed and the natural grade restored within two (2) months of the date
that the Division of Land Resources or locally delegated program has released the project.
6. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained as diffuse flow at
non-erosive velocities through the protected stream buffers such that it will not re-concentrate
before discharging into a stream as identified within 15A NCAC 2B .0233(5). If this is not
possible, it may be necessary to provide stormwater facilities that are considered to remove
nitrogen. This may require additional approval from this Office.
Agape Word Fellowship, Inc.
Page 3 of 4
June 14, 2010
7. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within these
boundaries approved under this authorization shall be clearly marked with orange warning fencing
(or similar high visibility material) for the areas that have been approved to infringe within the
buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A
NCAC 2B .0233.
8. Certificate of Completion
Upon completion of all work approved within this authorization, and any subsequent
modifications, the applicant is required to return the attached certificate of completion to the 401
Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail
Service Center, Raleigh, NC, 27699-1650.
9. Notification of Construction
The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing
at the letterhead address within ten (10) days of the commencement of construction.
Violations of any condition herein set forth may result in revocation of this Authorization and may result
in criminal and/or civil penalties. The authorization to proceed with your proposed shall expire five (5)
years from the date of this letter.
If you wish to contest any statement in the attached Authorization you must file a petition for an
administrative hearing. You may obtain the petition form from the office of Administrative hearings.
You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
Unless such demands are made, this Certification shall be final and binding.
This letter completes the review of the "No Practical Alternatives" determination under 15A NCAC 2B
.0233. If you have any questions, please telephone Lia Myott Gilleski at 919-733-1786. This letter does
not authorize any impacts to either Waters of the United States or Waters of the State. Please contact the
US Army Corps of Engineers (USACE) or NC Division of Water Quality (DWQ) if any impacts are
proposed to either of these waters.
Agape Word Fellowship, Inc.
Page 4 of 4
June 14, 2010
CHSIUm/1mg
Enclosures: Certificate of Completion
Sincerely,
oleen H. Sullins
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
DLR Raleigh Regional Office
Debbie Edwards, S&EC, PA, 11010 Raven Ridge Rd, Raleigh, NC 27614
Filename: 090766v2AgapeFellowshipChurch(W ake)NBRAuth.doc