20090229 Ver 3_Public Notice_20120723

Dennison, Laurie Oq - o a a a v3
From Barnett Sharon L SAW [Sharon L Barnett @usace army mil]
Sent Monday July 23 2012 4 04 PM
Subject US Army Corps of Engineers Public Notice (UNCLASSIFIED)
Classification UNCLASSIFIED
Caveats NONE
The Wilmington District Corps of Engineers (Corps) has received an application from Mr W David Stowe
representing Frisco Community Church seeking Department of the Army authorization to fill 0 64 acres of
jurisdictional wetlands associated with the construction of a church building and associated parking lot on the south
side of NC Highway 12 east of Lullaby Lane in Frisco Dare County North Carolina The project area is located
approximately 0 25 miles east of Lullaby Lane on the south side of NC Highway 12 adjacent to the Pamlico Sound
in Frisco Dare County North Carolina (35 252505 W 75 597153 N) Specific plans and location information are
described below and shown on the attached plans This Public Notice and all attached plans are also available on the
Wilmington District Web Site at www saw usace army mil /wetlands
Classification UNCLASSIFIED
Caveats NONE

Issue Date July 18 2012
Comment Deadline August 17 2012
Corps Action ID SAW 2009 00051
The Wilmington District Corps of Engineers (Corps) has received an application from
Mr W David Stowe, representing Frisco Community Church, seeking Department
of the Army authorization to fill 0 64 acres of jurisdictional wetlands associated with
the construction of a church building and associated parking lot on the south side of
NC Highway 12, east of Lullaby Lane, in Frisco, Dare County, North Carolina
Specific plans and location information are described below and shown on the attached
plans This Public Notice and all attached plans are also available on the Wilmington
District Web Site at www saw usace army mil /wetlands
Applicant Mr W David Stowe
Heritage of Faith Family Church Inc
Post Office Box 297
Buxton North Carolina 27920
Authority
The Corps will evaluate this application and a decide whether to issue conditionally
issue or deny the proposed work pursuant to applicable procedures pursuant to Section
404 of the Clean Water Act (33 U S C 1344)
Location
The project area is located approximately 0 25 miles east of Lullaby Lane on the south
side of NC Highway 12 adjacent to the Pamlico Sound in Frisco Dare County North
Carolina (35 252505 W 75 597153 N)

Existing Site Conditions
The site consists of approximately two acres of undeveloped wooded land along NC
Highway 12 consisting of a strip of non wetlands associated with the road shoulder and
the remainder of the site consisting of jurisdictional wetlands adjacent to the Pamlico
Sound The wetlands on the property are classified as Estuarine Woody Wetlands via the
North Carolina Wetland Assessment Method The property is primarily dominated by
woody vegetation such as wax myrtle (Morella cer fera) and loblolly pine (Pinus taeda)
and assorted wetland herbaceous species The adjacent properties are also undeveloped
Applicant's Stated Purpose
The purpose for requesting a permit is to prepare the site for the construction of a church
with associated parking facilities
Project Description
The protect would involve the filling of 0 64 acres of Section 404 jurisdictional wetlands
to construct an approximately 9 400 square foot church building with associated 58
parking spaces The project has been modified to eliminate a separate structure housing a
youth building and fellowship hall A retaining wall has been incorporated into the
project to contain the fill material and minimize further impacts to jurisdictional
wetlands The applicant proposes compensatory mitigation in the form of purchasing
credits from the North Carolina Ecosystem Enhancement Program (NCEEP)
7

Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate
State agencies for review The Corps will generally not make a final permit decision
until the North Carolina Division of Water Quality ( NCDWQ) issues denies or waives
State certification required by Section 401 of the Clean Water Act (PL 92 500) The
receipt of the application and this public notice in the NCDWQ Central Office in Raleigh
serves as application to the NCDWQ for certification A waiver will be deemed to occur
if the NCDWQ fails to act on this request for certification within sixty days of the date of
the receipt of this notice in the NCDWQ Central Office Additional information
regarding the Clean Water Act certification may be reviewed at the NCDWQ Central
Office 401 Oversight and Express Permits Unit 2321 Crabtree Boulevard Raleigh
North Carolina 27604 2260
All persons desiring to make comments regarding the application for certification under
Section 401 of the Clean Water Act should do so in writing delivered to the North
Carolina Division of Water Quality 1650 Mail Service Center Raleigh North Carolina
27699 1650 Attention Mr Ian McMillan by August 13 2012
The applicant has not provided to the Corps a certification statement that his /her
proposed activity complies with and will be conducted in a manner that is consistent with
the approved North Carolina Coastal Zone Management Program Pursuant to 33 CFR
325 2(b)(2) the Corps can not issue a permit for the proposed work until the applicant
submits such a certification to the Corps and the North Carolina Division of Coastal
Management ( NCDCM) and the NCDCM notifies the Corps that it concurs with the
applicant s consistency certification
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson Stevens Fishery Conservation and Management Act The Corps initial
determination is that the proposed project will not impact EFH or associated fisheries
managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the
National Marine Fisheries Service
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic
Places and is not aware that any registered properties or properties listed as being
eligible for inclusion therein are located within the project area or will be affected by the
proposed work Presently unknown archeological scientific prehistoric or historical
data may be located within the project area and /or could be affected by the proposed
work

Endangered Species
The Corps has reviewed the project area examined all information provided by the
applicant and consulted the latest North Carolina Natural Heritage Database Based on
available information the Corps has determined pursuant to the Endangered Species Act
of 1973 that the proposed project will have no effect on federally listed endangered or
threatened species or their formally designated critical habitat
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest
That decision will reflect the national concern for both protection and utilization of
important resources The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments All factors
which may be relevant to the proposal will be considered including the cumulative effects
thereof among those are conservation economics aesthetics general environmental
concerns wetlands historic properties fish and wildlife values flood hazards flood plain
values (in accordance with Executive Order 11988) land use navigation shoreline
erosion and accretion recreation water supply and conservation water quality energy
needs safety food and fiber production mineral needs considerations of property
ownership and in general the needs and welfare of the people For activities involving
the discharge of dredged or fill materials in waters of the United States the evaluation of
the impact of the activity on the public interest will include application of the
Environmental Protection Agency s 404(b)(1) guidelines
Commenting Information
The Corps of Engineers is soliciting comments from the public Federal State and local
agencies and officials including any consolidate State Viewpoint or written position of
the Governor Indian Tribes and other interested parties in order to consider and evaluate
the impacts of this proposed activity Any comments received will be considered by the
Corps of Engineers to determine whether to issue modify condition or deny a permit for
this proposal To make this decision comments are used to assess impacts on endangered
species historic properties water quality general environmental effects and the other
public interest factors listed above Comments are used in the preparation of an
Environmental Assessment (EA) and /or an Environmental Impact Statement (EIS)
pursuant to the National Environmental Policy Act (NEPA) Comments are also used to
determine the need for a public hearing and to determine the overall public interest of the
proposed activity
4

Any person may request in writing within the comment period specified in this notice
that a public hearing be held to consider the application Requests for public hearings
shall state with particularity the reasons for holding a public hearing Requests for a
public hearing shall be granted unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing
Written comments pertinent to the proposed work as outlined above will be received
by the Corps of Engineers Wilmington District until 5pm August 17 2012 Comments
should be submitted to Mr Josh Pelletier Washington Regulatory Field Office U S
Army Corps of Engineers 2407 W 5`h Street Washington North Carolina 27889 or
telephone [phone]

1Rx
ter
I
Fm-P ,
;R �
ll
'tip"
r g�
F�
i \
5
\
\
\ 2 \
&C'
a 1t tt SO
D
is
\ 1
\ 1
\t
R RR
lollA
1�
Y�
1
AA
.. - ---3,1 p,
ter
I
Fm-P ,
;R �
ll
R RR
lollA
1�
Y�
1
AA
.. - ---3,1 p,