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HomeMy WebLinkAbout20090229 Ver 2_More Info Letter_20110314TA A CCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary March 14, 2011 CERTIFIED MAIL: RETURN RECEIPT REQUESTED Mr. W. David Stowe Frisco Community Church P.O. Box 297 Buxton, NC 27920 Subject Property: Frisco Community Church Pamlico Sound [030155, 30-22, SA, HQW] REQUEST FOR MORE INFORMATION Dear Mr. Stowe: DWQ Project # 09-0229, Ver. 2 Dare County On December 6, 2010, the Division of Water Quality (DWQ) received your application dated December 2, 2010, with Public Notice issued by the USACE on February 1, 2011, and received by the DWQ February 1, 2011, to fill or otherwise impact 0.85 acres of 404/wetland, to construct the proposed Frisco Community Church at the site. The DWQ has determined that your application was incomplete and/or provided inaccurate information as discussed below. The DWQ will require additional information in order to process your application to impact protected wetlands and/or streams on the subject property. Therefore, unless we receive five copies of the additional information requested below, we will place this project on hold as incomplete until we receive this additional information. If we do not receive the requested information, your project will be formally returned as incomplete. Please provide the following information so that we may continue to review your project. Additional Information Requested: 1. There are over 10,000 square feet of new proposed impervious surface this project and therefore you will need a stormwater permit. Please submit your proposed storm water management plan (SMP) to comply with the requirements set forth below. In addition, the applicants shall follow the procedures explained in Protocol for Stormwater Management Plan (SMP) Approval and Implementation that is in place on the date of the submittal of the SMP. A. Project Density: Projects with SMPs that require 401 Oversight/ Express Unit approval shall be classified as either Low or High Density according to the criteria described below. 1. Low Density: A development shall be considered Low Density if ALL of the following criteria are shown to have been met. a. The overall site plan, excluding ponds, lakes, rivers (as specified in North Carolina's Schedule of Classifications) and saltwater wetlands Wetlands, Buffers, Sfonnwat-?r, Compliance and Permitfing Unil (VVeBW aPe.) 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Phone 919-807-6301 1 FAX 919-807-6494 Internet hftpa/portal ncdenr org/web/wq/ws An Equal Opportunity 1 Affirmative Action Employer Frisco Community Church Page 2 of 3 March 14, 2011 (SWL), must contain less than 24% impervious surface area considering both current and future development. b. All stormwater from the entire site must be transported primarily via vegetated conveyances designed in accordance with the most recent version of the NC DWQ Stormwater BMP Manual. c. The project must not include a stormwater collection system (such as piped conveyances) as defined in NCAC 213 .0202. d. If a portion of project has a density greater than 24%, the project shall be considered low density as long as the higher density portion of the project complies with Items 1-3 above and the higher density area is located in upland areas and away from surface waters and drainageways to the maximum extent practicable. II. High Density: Projects that do not meet the Low Density criteria described above are considered to be High Density, requiring the installation of appropriate BMPs as described below. 1. All stormwater runoff from the site must be treated by BMPs that are designed, at a minimum, to remove 85 percent of Total Suspended Solids (TSS). 2. In addition to controlling 85 percent of TSS, projects requiring located in watersheds that drain directly to waters containing these supplemental classifications shall meet the following requirements: Water Quality Stormwater BMP Supplemental Classification Requirement §303(d) Project-specific conditions may be added by the Division to target the cause of the water quality impairment. NSW A minimum of 30 percent total phosphorus and 30 percent total nitrogen removal. Trout Jr) A minimum of 30 percent total phosphorus and 30 percent total nitrogen removal; BMPs should also be designed to minimize thermal pollution. 3. All BMPs must be designed in accordance with the most recent version of the NC Division of Water Quality Stormwater Best Management Practices Manual. Use of stormwater BMPs other than those listed in the Manual may be approved on a case-by-case basis if the applicant can demonstrate that these BMPs provide equivalent or higher pollutant removal. B. Vegetated Buffer: In areas that are not subject to a state Riparian Area Protection Rule, a 30-foot wide vegetated buffer must be maintained adjacent to streams, rivers and tidal waters as specified below. a. The width of the buffer shall be measured horizontally from: i. The normal pool elevation of impounded structures, Frisco Community Church Page 3 of 3 March 14, 2011 ii. The streambank of streams and rivers, iii. The mean high waterline of tidal waters, perpendicular to shoreline. b. The vegetated buffer may be cleared or graded, but must be planted with and maintained in grass or other appropriate plant cover. c. The DWQ may, on a case-by-case basis, grant a minor variance from the vegetated buffer requirements pursuant to the procedures set forth in 15A NCAC 02B.0233(9)(h). d. Vegetated buffers and filters required by state rules or local governments may be met concurrently with this requirement and may contain coastal, isolated or 404 jurisdictional wetlands. C. Stormwater Flowing to Wetlands: Stormwater conveyances that discharge to wetlands must discharge at a non-erosive velocity prior to entering the wetland during the peak flow from the ten-year storm. D. Phased Projects: The DWQ will allow SMPs to be phased on a case-by-case basis, with a final SNIP required for the current phase and a conceptual SMP for the future phase(s). If the current phase meets the Low Density criteria, but future phase(s) do not meet the Low Density criteria, then the entire project shall be considered to be High Density. Please submit this information or otherwise address this request within 30 calendar days of the date of this letter. If we do not receive this requested information within 30 calendar days of the date of this letter, your project will be withdrawn and you will need to reapply with a new application and a new fee. This letter only addresses the application review and does not authorize any impacts to wetlands, waters or protected buffers. Please be aware that any impacts requested within your application are not authorized (at this time) by the DWQ. Please call Mr. Ian McMillan at 919-807-6301 if you have any questions or would like to set up a meeting to discuss this matter. Sincer, , Ian McMillan, Acting Supervisor Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) IJM cc: Josh Pelletier, U.S. Army Corps of Engineers - Washington Regulatory Field Office Roberto Scheller, DWQ Washington Regional Office File Copy George Wood, Environmental Professionals, Inc., P.O. Box 3368, Kill Devil Hills, NC 27948 Filename: 090229 Ver2FriscoCommunityCh urch(Dare)On_Hold ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: FRISCO COMMUNITY CHURCH W. DAVID STOWE 3/14/11 PO BOX 297 BUXTON NC 27920 DWQ 09-0229 V2 DARE COUNTY A. Si ature X ❑ Agent Addressee B. Received ( Printed Name) C. Date o D ivery D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type 'i:L.Certified Mail ❑ Express Mail ❑ Registered -T5�'Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service labeo ?010 3090 0003 4005 017 8 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STF tiSAQkTI�I, SfR _49- , , • Sender: Please print your name, address, and ZIP+4-in this box • DENR - DWQ - WETLANDS 401 UNIT 1650 MAIL SERVICE CENTER FL 9 RALEIGH NC 27699-1650 1!fl?iiffA}!i!Aii