20110229 Ver 1_USACE Correspondence_20110318

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
March 16, 2011
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Regulatory Division
Action ID No. SAW-2009-00051
Mr. W. David Stowe
Frisco Community Church
Post Office Box 297
Buxton, North Carolina 27920
Dear Mr. Stowe:
Q
MAR 18 it
Please reference your application for Department of the Army (DA) authorization to
construct a church and associated parking within wetlands connected to Pamlico Sound on a parcel
of land located off the south side of NC Highway 12, east of Lullaby Lane, in Frisco, Dare County,
North Carolina.
On February 6, 1990, the DA and the U.S. Environmental Protection Agency signed a
memorandum of agreement (MOA) establishing procedures to determine the type and level of
mitigation necessary to comply with the Clean Water Act Section 404(b)(1) Guidelines. These
procedures provide that the following sequence must be followed before a Section 404 permit can
be issued: 1) impacts to waters and/or wetlands must first be avoided through the selection of the
least damaging, practicable alternative; 2) appropriate and practicable steps must then be taken to
minimize impacts to waters and wetlands; and 3) compensatory mitigation must then be provided
for any remaining unavoidable impacts to the maximum practicable extent. Further guidance
relating to compensatory mitigation is described in regulations at 33 CFR Parts 332 and 335,
Compensatory Mitigation for Losses of Aquatic Resources; Final Rule.
Accordingly, to enable us to evaluate your application in full compliance with the Section 404
(b)(1) Guidelines, we request that you provide the following additional information:
a. Permits for work within wetlands or other special aquatic sites are available only if the
proposed work is the least environmentally damaging, practicable alternative. Please furnish
information regarding your analysis of any other alternatives, including upland alternatives, to the
work for which you have applied and provide justification that your selected plan is the least
damaging to waters and/or wetlands.
b. It is necessary for you to have taken all appropriate and practicable steps to reduce
wetland losses. Please indicate all that you have done, especially regarding modification of your
plans and proposed construction techniques, to minimize adverse impacts to waters and/or
wetlands associated with this project.
c. Compensatory mitigation is then required for all unavoidable adverse impacts remaining
after all appropriate and practicable avoidance and minimization has been employed. You have
proposed to pay into the North Carolina Ecosystem Enhancement Program and we will evaluate
this aspect of your proposal once you have satisfied the requirements described in a. and b. above.
Further discussion regarding your compensatory mitigation proposal may be required.
As the above information is essential to our expeditious evaluation of your application, please
forward your written response to us by March 31, 2011. Additionally, a copy of this information
must be sent to the North Carolina Division of Water Quality to enable them to adequately
evaluate your application for a Water Quality Certification pursuant to Section 401 of the Clean
Water Act.
Thank you for your time and cooperation. The Wilmington District is committed to
providing the highest level of support to the public. To help us ensure we continue to do so, please
complete the Customer Satisfaction Survey located at our website at
http://regulatory.usacesurvey.com/. If you have any questions, please contact Mr. Josh Pelletier
of my Washington Regulatory Field Office staff at telephone [phone].
Sincerely,
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Copies Furnished:
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
2
Mr. Ian McMillan
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699
Mr. George Wood
Environmental Professionals, Inc.
Post Office Box 3368
Kill Devil Hills, North Carolina 27948
3