HomeMy WebLinkAbout20130939 Ver 1_Individual Application_20130830LMG
LAND MANAGEMENT GROUP nrc.
Environmental Consultants
August 28h, 2013
TO: Mr. Chad Coburn
NCDENR Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 401 Water Quality Certification Application
Waves of Praise Worship Center; Boiling Spring Lakes, NC,
Action IN SAW- 2013 -00534
Dear Chad:
201 3093 9
Enclosed is a 401 Water Quality Certification application for your review. This
application is submitted on behalf of Waves of Praise Worship Center for the construction of a
church in Boiling Spring Lakes, NC. Total proposed impacts are to 0.716 acre of 404 wetlands.
The project area is located within the Cape Fear River Basin and is five acres in size. The Church
currently rents a space in Boiling Spring Lakes, but has quickly outgrown this facility. The
purpose of the project is to construct a larger church on this site in order to continue its
membership growth. The applicant proposes to buy credits from the Lower Cape Fear Mitigation
Bank for the restoration of 0.716 acres of non -riparian wetlands within the Cape Fear River
watershed. Additionally, some wetlands on site will be preserved.
The application form, project narrative, associated maps, and site plan are enclosed for
your review. Additionally, the DWR application fee has been submitted to your Raleigh office.
Please contact me if you have any questions. Thank you for your assistance with this project.
S'ncerely, L-] �
Kim Williams
Encl.
Cc: Pastor Elmer Bauman, Waves of Praise Worship Center
Mr. John Michaux, Carolina Cape Builders, LLC
Mr. Robert Hair
Ms. Jennifer Burdette, NC DWR
Ms. Liz Hair, ACOE
Mr. Stephen Rynas, NC DCM
www.lmgroup.net • info @lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
LMG
LAND MANAGEMENT GROUP mc.
Environmental Consultants
August 28`f', 2013
TO: Ms. Liz Hair
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
RE: Individual Permit Application
Waves of Praise Worship Center; Boiling Spring Lakes, NC
Action ID# SAW- 2013 -00534
Dear Liz:
Enclosed is an Individual Permit application for your review. This application is
submitted on behalf of Waves of Praise Worship Center for the construction of a church in
Boiling Spring Lakes, NC. Total proposed impacts are to 0.716 acre of 404 wetlands. The project
area is located within the Cape Fear River Basin and is five acres in size. The Church currently
rents a space in Boiling Spring Lakes, but has quickly outgrown this facility. The purpose of the
project is to construct a larger church on this site in order to continue its membership growth.
The applicant proposes to buy credits from the Lower Cape Fear Mitigation Bank for the
restoration of 0.716 acres of non -riparian wetlands within the Cape Fear River watershed.
Additionally, some wetlands on site will be preserved.
The application form, project narrative, associated maps, and site plan are enclosed for
your review. Please contact me if you have any questions. Thank you for your assistance with
this project.
Sincerely,
�v-
Kim Williams
Encl.
Cc: Pastor Elmer Bauman, Waves of Praise Worship Center
Mr. John Michaux, Carolina Cape Builders, LLC
Mr. Robert Hair
Ms. Jennifer Burdette, NC DWR
Mr. Chad Coburn, NC DWR
Mr. Stephen Rynas, NC DCM
www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
U.S. ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB APPROVAL FEBRUARY 2013
EXPIRES: 28 FEBRUARY 2013
33 CFR 325. The proponent agency is CECW -CO-R.
Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710 - 0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT
RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320 -332. Principal Purpose: Information provided on
this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other
federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission
of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPLICAN7)
5. APPLICANTS NAME
8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required)
First - Elmer Middle - Last - Bauman
First - Kim Middle - Last - Williams
Company - Waves of Praise Worship Center
Company - Land Management Group, Inc.
E -mail Address -
E -mail Address - kwilliams @lmgroup.net
6. APPLICANTS ADDRESS:
9. AGENTS ADDRESS:
Address- 30004 George II Hwy
Address- 3805 Wrightsville Avenue; Suite 15
City - Southport State - NC Zip - 28461 Country - USA
City - Wilmington State - NC Zip-28403 Country-USA
7. APPLICANTS PHONE NOs. w /AREA CODE
10. AGENTS PHONE NOs. WAREA CODE
a. Residence b. Business c. Fax
a. Residence b. Business c. Fax
(910) 237 -9128
(910) 452 -0001 (910) 452 -0060
STATEMENT OF AUTHORIZATION
11. 1 hereby authorize, to act in my behalf as my agent in the processing of this application and to fumish, upon request,
supplemental information in support of this permit application.
jj II n
5C C aiiAyL�e d ` tt f v�
SIGNATURE OF APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Waves of Praise Worship Center
13. NAME OF WATERBODY, IF KNOWN (if applicable)
14. PROJECT STREET ADDRESS (if applicable)
N/A
Address 3648 George II Hwy
15. LOCATION OF PROJECT
Latitude: -N 34.009939 Longitude: •W - 78.054347
City - Boiling Spring Lakes State- NC Zip- 28461
16 OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID 1730000601 Municipality Boiling Spring Lakes
Section - Township - Range -
ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3
17. DIRECTIONS TO THE SITE
From Wilmington, take US 17 South. Turn left on NC 87 /George 11 Hwy SE. The site is on the right just past Brunswick Road (see vicinity
map).
18. Nature of Activity (Description of project, include all features)
The preferred project consists of constructing a small church and associated driveway, parking lot, and stormwater facilities. Wetland fill
for building pad, parking lot, and driveway is requested (See Project Narrative).
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The larger church is needed to serve a growing BSL /Oak Island/Southport community (See Project Narrative).
USE BLOCKS 20 -23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
To provide access and a small buildable area for the church (See Project Narrative).
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
Clean, compacted sub -grade soil materials
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres 0.716 acre
or
Linear Feet
23. Description of Avoidance, Minimization, and Compensation (see instructions)
As seen on the site plan, uplands are utilized as much as possible. The building footprint is minimal (70'x 65') and only the minimum
amount of parking spaces are provided. If additional parking is needed for larger events, the church will use their van to bus people to the
church. The church plans to buy credits from the Lower Cape Fear Mitigation Bank for the restoration of 0.716 acres of non - riparian
wetlan ds within the Cape Fear River watershed. Additionally, a portion of the remaining wetlands will be preserved in perpetuity.
ENG FORM 4345, OCT 2012 Page 2 of 3
24. Is Any Portion of the Work Already Complete? []Yes QX No IF YES, DESCRIBE THE COMPLETED WORK
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody td more than can be eraered here, pease attach a supplemental fist)
a. Address- REEVES TELECOM LIMITED PARTNERSHIP; 3142 GEORGE II HWY BSL
City - SOUTHPORT State - NC Zip - 28461
b. Address- STATE OF N C STATE PROPERTY OFFICE c/o CHARLES HOLLIDAY; 116 WEST JONES ST
City - RALEIGH State - NC Zip - 27611
c. Address- BURDETTE MARIA LUCIA TRUSTEE; 10219 CEDRONA ST SW
City - TACOMA State - WA Zip - 98498
d. Address- JACKSON ROBERT E & LOUELLA TRUSTEES; 1525 WALTERS AVE
City - NORTHBROOK State - IL Zip - 60062
e. Address- FARLEY JOSEPH J TRUSTEE; 5239 W RIVERBEND ROAD
City - DUNNELLON State - FL Zip - 34433
26. List of Other Certificates or Approvals[Denials received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
N/A
Would include but is not restricted to zoning, building, and flood plain permits
27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant.
SIGNATURE OF APPLICANT DATE F SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
Fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, OCT 2012 Page 3 of 3
AGENT AUTHORIZATION FORM
TO WHOM TT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404 /401 permit application
for the Waves of Praise site located in Boiling Spring Lakes, NC. All questions in regards to this
project should be directed to Land Management Group, Inc.
Sincerely,
Owner /Applicant
Ro slEQt 14A-1 k
Print Name
%,/;. // 1-3
Date
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404 /401 permit application
for the Waves of Praise site located in Boiling Spring Lakes, NC. All questions in regards to this
project should be directed to Land Management Group, Inc.
Sincerely,
FAV P, a a ;/ 1
i _ �.�dw'/i --- -, � � � �
M. MKI
Print Name
- Z/' �- - (1) -5
Date
U.S. ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB APPROVAL FEBRUARY 2013
EXPIRES: 28 FEBRUARY 2013
33 CFR 325. The proponent agency is CECW -CO-R.
Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710 - 0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT
RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320 -332. Principal Purpose: Information provided on
this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other
federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission
of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO.
2. FIELD OFFICE CODE
3. DATE RECEIVED
4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPLICANn
5. APPLICANTS NAME
8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required)
First - Elmer Middle - Last - Bauman
First - Kim Middle - Last - Williams
Company - Waves of Praise Worship Center
Company - Land Management Group, Inc.
E -mail Address -
E -mail Address - kwilliams@lmgroup.net
6. APPLICANTS ADDRESS:
9. AGENTS ADDRESS:
Address- 3000 -4 George II Hwy
Address- 3805 Wrightsville Avenue; Suite 15
City - Southport State - NC Zip - 28461 Country - USA
City - Wilmington State - NC Zip-28403 Country-USA
7. APPLICANTS PHONE NOs. WAREA CODE
10. AGENTS PHONE NOs. WAREA CODE
a. Residence b. Business c Fax
a. Residence b. Business c. Fax
(910) 237 -9128
(910) 452 -0001 (910) 452 -0060
STATEMENT OF AUTHORIZATION
11. 1 hereby authorize, to act in my behalf as my agent in the processing of this application and to fumish, upon request,
supplemental information in support of this permit application.
(n1
u C a4m_'l e A` 1ro I vv�-
SIGNATURE OF APPLICANT DATE
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
Waves of Praise Worship Center
13. NAME OF WATERBODY, IF KNOWN (d applicable)
14. PROJECT STREET ADDRESS (if applicable)
N/A
Address 3648 George II Hwy
15 LOCATION OF PROJECT
Latitude: -N 34.009939 Longitude: ^W - 78.054347
City- Boiling Spring Lakes State- NC Zip- 28461
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID 1730000601 Municipality Boiling Spring Lakes
Section - Township - Range -
ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3
17. DIRECTIONS TO THE SITE
From Wilmington, take US 17 South. Turn left on NC 87 /George II Hwy SE. The site is on the right just past Brunswick Road (see vicinity
map).
18. Nature of Activity (Description of project, include all features)
The preferred project consists of constructing a small church and associated driveway, parking lot, and stormwater facilities. Wetland fill
for building pad, parking lot, and driveway is requested (See Project Narrative).
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The larger church is needed to serve a growing BSL /Oak Island/Southport community (See Project Narrative).
USE BLOCKS 20 -23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
To provide access and a small buildable area for the church (See Project Narrative).
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
Clean, compacted sub -grade soil materials
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres 0.716 acre
or
Linear Feet
23. Description of Avoidance, Minimization, and Compensation (see instructions)
As seen on the site plan, uplands are utilized as much as possible. The building footprint is minimal (70'x 65') and only the minimum
amount of parking spaces are provided. If additional parking is needed for larger events, the church will use their van to bus people to the
church. The church plans to buy credits from the Lower Cape Fear Mitigation Bank for the restoration of 0.716 acres of non - riparian
wetlands within the Cape Fear River watershed. Additionally, a portion of the remaining wetlands will be preserved in perpetuity.
ENG FORM 4343, OCT 2012 Page 2 of 3
24. Is Any Portion of the Work Already Complete? QYes QNo IF YES, DESCRIBE THE COMPLETED WORK
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (d more than can be entered here, pease attach a supplemental fist)
a. Address- REEVES TELECOM LIMITED PARTNERSHIP; 3142 GEORGE II HWY BSL
City - SOUTHPORT State - NC Zip - 28461
b. Address- STATE OF N C STATE PROPERTY OFFICE c% CHARLES HOLLIDAY; 116 WEST JONES ST
City - RALEIGH State - NC Zip - 27611
c. Address- BURDETTE MARIA LUCIA TRUSTEE; 10219 CEDRONA ST SW
City - TACOMA State - WA Zip - 98498
d. Address- JACKSON ROBERT E & LOUELLA TRUSTEES; 1525 WALTERS AVE
City - NORTHBROOK State - IL Zip - 60062
e. Address- FARLEY JOSEPH J TRUSTEE; 5239 W RIVERBEND ROAD
City - DUNNELLON State - FL Zip - 34433
26. List of Other Certificates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED
NUMBER
N/A
Would include but is not restricted to zoning, building, and flood plain permits
27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false wnting or document knowing same to contain any false, fictitious or
11fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, OCT 2012 Page 3 of 3
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404 /401 permit application
for the Waves of Praise site located in Boiling Spring Lakes, NC. All questions in regards to this
project should be directed to Land Management Group, Inc.
Sincerely,
Owner /Applicant
Ro sff it t- 14A-1 k
Print Name
J-/A 1/ 1.3
Date
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Waves of Praise site located in Boiling Spring Lakes, NC. All questions in regards to this
project should be directed to Land Management Group, Inc.
Sincerely,
�•� �- W
M, kill
Print Name
Z/'�- (/) -5
Date
PROJECT NARRATIVE
August 2013
Waves of Praise Worship Center
Boiling Spring Lakes, NC
INTRODUCTION
The Waves of Praise Worship Center is a non - denominational church located in Boiling
Spring Lakes, NC. The church currently rents a facility, but has quickly outgrown this space.
Because of membership growth, they propose to construct a larger building on an undeveloped site
located off of George II Highway in Boiling Spring Lakes, NC. Total proposed impacts are to 0.716
acres of 404 wetlands. The project area is located within the Cape Fear River Basin and is five acres
in size.
PURPOSE & NEED
The Waves of Praise Worship Center proposes to construct a new church on this site in
order to continue its membership growth. As recently as a year and a half ago, the church had a
congregation of approximately 15 members. Their current membership is 50 and they anticipate
having a membership of 100 -140 people within the year. The Church currently rents a space in
Boiling Spring Lakes, not far from the proposed project area. The size of this rental space is 2,065
sf. The limitations that the church face in the current rental space include a lack of separate space
for a youth Sunday school and a fellowship hall with cooking facilities, something that they
consider major obstacles in providing a total church program and is limiting their growth as a result.
There is no potential for the addition of space or kitchen facilities at the current location.
EXISTING CONDITIONS
Habitat
The five -acre site is located at 3648 George II Highway in Boiling Spring Lakes (Brunswick
County), NC (Figures 1 & 2). A site delineation of 404 wetlands for the project area was performed
by Land Management Group, Inc. and was approved by Ms. Emily Hughes of the U.S. Army Corps
of Engineers on June 18'', 2013 (Figure 3). The project area contains 4.25 acres of 404 wetlands and
0.75 acre of uplands. According to the Brunswick County Generalized Soil Survey, the entire site is
1
classified as Murville fine sand (Figure 4). However, a soils analysis performed by a soil scientist
with LMG found that soils within the 0.75 acre upland area to be a Leon soil unit. The Leon soil
series is a poorly drained soil that formed from sandy alluvium on flats in the coastal plain. The
Murville soil series is a very poorly drained soil that formed from sandy alluvium on flats in the
coastal plain.
The site is currently vegetated and undeveloped (Figure 5; Appendix A). The site has
recently been bush hogged and both uplands and wetlands support a sparse canopy of loblolly pine
(Pinus taeda) and pond pine (Pinus serotina) trees, with a dense herbaceous layer of fetterbush
(Lyonia lucida), gallberry (Ilex coriacea), and sweet bay (Magnolia virginiana). There is an densely
vegetated offsite ditch that parallels the northern property boundary and is located entirely within a
public access right of way. This ditch is approximately 3 feet deep and appears to have a drainage
effect along the back half of the property. Surrounding land use consists of undeveloped, forested
tracts and some residential use.
The site is located within the Cape Fear River Basin. All wetlands on site appear to drain
into Boiling Spring Lake, which is located approximately one mile north of the property. Boiling
Spring Lake is classified by the NC Division of Water Quality as B and Swamp Waters (Sw). Class
B Waters are protected for uses such as primary recreation, secondary recreation, fishing, wildlife,
fish consumption, aquatic life including propagation, survival and maintenance of biological
integrity, and agriculture. The Sw classification is a supplemental classification intended to
recognize those waters which have low velocities and other natural characteristics which are
different from adjacent streams. No CAMA- regulated Areas of Environmental Concern (AEC)
exist within this site.
Federally Protected Species
A search of the North Carolina Natural Heritage Program database was conducted to
identify areas within or around the site that are already known to support rare species. No rare
species were noted within the project area. One federally protected species, the American alligator,
and several state- listed plants and animals have been identified within a one -half mile radius of the
site. State- listed animals include the diamondback terrapin, black swamp snake, glossy crayfish
04
snake, and the chicken turtle. State- listed plants include savanna nutrush, threadleaf sundew, loose
water- milfoil, yellow fringeless orchid, savanna milkweed, and Venus flytrap.
On July 31 ", 2013, staff of Land Management Group, Inc. evaluated the project area for its
potential to support federally- listed threatened or endangered species known to occur in this region
(Table 1). Habitat with the potential for supporting listed species was identified by reviewing aerial
photographs, soils maps, and topographic maps of the property and by walking throughout the site.
Table 1. Federally- listed endangered and threatened species known to occur in Brunswick County, NC,
exclu ing coastal and marinespecies.
Common Name
Scientific Name
Status
Animals
American alligator
AllijZator mississi iensis
T (S /A)
Atlantic sturgeon
Aci eraser ox rinchus o rinchus
E
Bald eagle
Haliaeetus leucoce halus
BGPA
Red- cockaded woodpecker
Picoides borealis
E
Shortnose sturgeon
Aci enser brevirostrum
E
Wood stork
Mycteria americana
E
Plants
Coole 's meadowrue
Thalictrum coole i
E
Rough-leaf loosestrife
L simachia as erulae olia
E
KEY:
Status Definition
E Endangered: A taxon "in danger of extinction throughout all or a significant portion
of its range."
T Threatened: A taxon "likely to become endangered within the foreseeable future
throughout all or a significant portion of its range."
T(S /A) Threatened due to similarity of appearance - a species that is threatened due to
similarity of appearance with other rare species and is listed for its protection.
BGPA Bald and Golden Eagle Protection Act
American Alligator (Alligator mississippiensis)
The American alligator lives primarily in freshwater swamps and marshes, but also in rivers,
lakes, and smaller bodies of water. Except for the Y -wide ditches that border the property, the site
M
does not contain any waterbodies or channels and would not provide appropriate habitat for the
American alligator.
Atlantic Sturgeon (Acipenser oxyrinchus oxyrinchus)
The Atlantic sturgeon is an anadromous fish species whose range extends from Maine to
Florida. The Atlantic sturgeon is a benthic feeder and typically forages on invertebrates such as
crustaceans, worms, and mollusks. Adults spawn in freshwater in the spring and early summer and
then migrate into estuarine and marine waters where they spend most of their lives. Appropriate
habitat for this species does not exist within this site.
Bald Eagle (Halieetus leucocephalus)
Bald eagles in the southeast typically build their nests in the zone between forests and marsh
or open water. Nests are built in dominant live pines or cypress trees that provide a clear flight path.
Winter roosts are usually in dominant trees, similar to nesting trees, but may be farther from water.
No signs of eagles or eagle nesting were noted within the project area. Except for a few scattered
pine trees, this site is largely devoid of a canopy. Additionally, the project area is not located near
any open water. Therefore, the site does not contain appropriate habitat for the bald eagle.
Red - Cockaded Woodpecker
The red - cockaded woodpecker (RCW) is generally found in old- growth pine forests and
prefers mature longleaf pines with at least a 12" diameter at breast height (DBH) for nesting and
foraging. Dense stands (stands that are primarily hardwood, or that have a dense hardwood
understory) are avoided. In mature pine habitat, sufficient substrate can be provided on 80 to 125
acres. The project site has been bush hogged and supports only a few pond pine trees in its canopy.
These trees have a 8" to 18" DBH. No understory or shrub layer is present. The herbaceous layer
supports gallberry (Ilex glabra), magnolia bay (Magnolia virginiana), and fetterbush (Lyonia
lucida). All pine trees with a DBH of at least 12" were inspected for RCW cavities. No cavities or
RCWs were observed. The tracts surrounding the site are all forested and support a canopy of pine
trees with a dense understory and shrub layer.
4
Shortnose Sturgeon (Acipenser brevirostrum)
The shortnose sturgeon inhabits the lower sections of larger rivers and coastal waters along
the Atlantic coast. It may spend most of the year in brackish or salt water and move into fresh water
only to spawn. The fish feeds on invertebrates and stems and leaves of macrophytes. Population
dynamics are unknown. Appropriate habitat for this species does not exist within this site.
Wood Stork (Mycteria americana)
The wood stork is a highly colonial species that usually nests in large rookeries and feeds in
flocks in freshwater and brackish marshes, narrow tidal creeks, or flooded tidal pools. United States
breeding is largely restricted to Florida, Georgia, and South Carolina, where it nests in cypress or
mangrove swamps. The wood stork moves northward after breeding, as far as Arkansas and
Tennessee in the Mississippi Valley and the southeastern tip of North Carolina (Sunset Beach area)
on the Atlantic Coast. This tract does not support appropriate habitat for the wood stork.
Cooley's Meadowrue
Cooley's meadowrue inhabits sunny, moist places such as open, savanna -like forest edges
and clearings, wet savannas over calcareous clays, and ecotones between wet savannas and non -
riverine swamp forests. Soils are basic, sandy loams. The species is found along utility and highway
rights -of -way in former savanna habitats. The abundance of pine trees in the area suggests that soils
may be too acidic to support Cooley's meadowrue.
Rough- leaved Loosestrife
Rough- leaved loosestrife generally occurs in the ecotones between pine savannas and
pocosins, on moist to seasonally saturated sands, and on shallow organic soils overlaying sand.
Because this plant is shade - intolerant, moist areas exposed to sunlight, provide suitable habitat.
Flowering occurs from mid -May through June, with fruits (capsules) present from July through
October. Since the tract has been bush hogged, much of the site is exposed to sunlight and may
provide suitable habitat for this species. However, no plants were observed during the site visit.
Although it was bush hogged, the site was likely densely vegetated prior to this clearing and may
not support a viable seed source for this plant.
5
Local Zoning and Land Use Plan
The project site is approximately five acres in size and currently exists as undeveloped land
in the city limits of Boiling Spring Lakes. The site is zoned BS -C -1 (Commercial District).
According to the Boiling Spring Lakes Zoning Ordinance, the construction of a church is a
permitted use with the following conditions:
(A) There shall be at a minimum fifty (50) feet of road frontage.
(B) The proposed parking facilities shall be setback at least twenty -five (25) feet from
adjacent residential property.
(C) Off - street parking areas shall be surfaced and maintained to provide a durable, dust free
surface and shall provide adequate drainage facilities for disposal of all collected surface
water. Surfacing materials may include pavement, gravel, wood chips, pervious paving
materials, or grass.
The Brunswick County CAMA Core Land Use Plan classifies the project area as
Commercial. The majority of commercial land uses in Brunswick County's planning jurisdiction are
currently scattered along US Highway 17 and other major transportation routes within the County
such as the intersection of NC Highways 211 and 133 just north of Southport and Oak Island and
along NC Highway 130 north of Holden Beach. Future commercial development will continue to
occur along major roads and at the intersections of major thoroughfares. Future office and
institutional land uses are located as a buffer between commercial and residential development.
Corresponding zoning district: C -LD, Commercial-Low Density; N -C, Neighborhood -
Commercial; C -I, Commercial- Intensive Brunswick County
Appropriate uses: Campgrounds, Funeral Homes, Indoor and Outdoor Recreation Facilities,
Overnight Accommodations, Commercial Parking, Restaurants, Retail Sales and Service, Self
Service Storage, Vehicle Sales and Service, Water Oriented Commercial Uses, and Offices. Please
note that not every use listed in one district is permitted in another district.
Inappropriate uses: Most industrial uses.
Allowable densities: C -LD -3 to 5 units /acre; N -C -3 units/acre; C -I -2 to 4 units /acre.
Maximum height: 40 feet.
Minimum lot size: C -LD - 15,000 s.f. (without water /wastewater) 7,500 s.f. (with water /wastewater)
N -C - 15,000 s.f. C -1- 20,000 s.f. (without water /wastewater) 10,000 s.f (with water /wastewater)
0
ALTERNATIVES ANALYSIS
The alternatives evaluated include a no- action alternative, on -site alternative site layouts,
and the preferred project.
No- Action Alternative
The no- action alternative would keep the site in its current, undeveloped condition and
would keep the church at its current location at 3000 -4 George II Highway in Boiling Spring Lakes.
The no- action alternative is not considered feasible for several reasons. Keeping the church at its
present location would not allow the church to grow its membership and fulfill many of its goals.
This alternative would also leave the five -acre site undeveloped, which would be a loss of a tax base
for the City of Boiling Spring Lakes. For these reasons, this alternative is not considered feasible.
Alternate Sites
The preferred site is owned by a member of the church, Mr. Robert Hair. He has offered to
lease the site to the church for $1 per acre per year, which is an extremely low price (see Appendix
B). Furthermore, the site is located in very close proximity to the existing church, which would be
convenient to current members who live in the area. No other commercial rental units that would
meet the church's needs (minimum of 4,000 sf in size) and have kitchen facilities were found during
an internet search of available real estate in Boiling Spring Lakes. In order to rent a larger space,
they would need to move to Southport or Leland. Undeveloped tracts of land for sale in the BSL
area that are zoned commercial/business are valued at $67,000 to $80,000 per acre. Leasing the
preferred project area is much more affordable than purchasing any other site. Therefore, no other
tracts outside of the preferred site were considered.
On -site Alternatives
The five -acre subject property is located directly off of George II Highway. Two on -site
alternatives in addition to the preferred project were considered.
II
Alternative #1: Utilize Adjacent Easement
The applicant evaluated the possibility of utilizing an existing 30' wide easement for
its driveway access into the site (Figure 3). This easement is located just north of the site and
provides potential access to many tracts. However, it appears most of the easement leading
up to the proposed church footprint is wetlands and utilizing it would not significantly
reduce wetland impacts. Additionally, a driveway within this easement would likely be used
by other parties who own tracts of land located behind the project area. Several of these
tracts are in silvicultural production and logging trucks would likely use a road constructed
in this easement. These large trucks would cause significant wear and tear on the driveway
and the church would frequently be repairing a road in this location. Because of the costs
associated with frequently repairing the road and because utilizing the easement would not
substantially reduce wetland impacts, this alternative was not considered further.
Alternative #2: Utilize Existing Dirt Roads Adjacent to Property
The applicant also evaluated the possibility of constructing an entrance road off of
Bladen and New Hanover Streets, which are located to the north of the site (Figure 5). This
would bypass most of the wetlands located in the front of the property and significantly
reduce wetland impacts. However, the applicant would need to acquire an easement from the
adjacent property owner and it is likely that the easement also consists of wetlands.
Additionally, the existing roads are dirt roads that would need significant improvements in
order for them to be used by the church, which would be costly. For these reasons, this
alternative was not considered feasible.
Preferred Project
The applicant proposes to construct a church on the preferred site in order to provide
a larger meeting area and grow its congregation. The applicant proposes constructing a 70' x
65' building, 20' wide driveway access, and 40 parking spaces, which is the minimum
required by the City of Boiling Spring Lakes (Figure 6). Stormwater facilities would be
located in uplands behind the church building.
8
POTENTIAL ENVIRONMENTAL IMPACTS
The proposed project would impact 0.716 acres of 404 wetlands (Figure 6). Secondary
impacts to wetlands and water quality will be minimized by the development and implementation of
a Stormwater Plan and a Sedimentation and Erosion Control Plan. These plans will reduce the
potential for erosion or runoff into wetlands and other water bodies located off site.
As noted earlier, this site is zoned C -1. The site is also classified as 'Commercial' by the
Brunswick County Core CAMA Land Use Plan. The proposed project meets the stated purpose of
these land classifications. The proposed project complies with the enforceable policies of North
Carolina's approved coastal management program and will be conducted in a manner consistent
with such program. In addition, the site does not appear to provide suitable habitat for any
federally - protected species known to occur in the area. Therefore, no impacts to federally - protected
species will occur.
MITIGATION
The applicant has attempted to avoid and minimize wetland impacts as much as possible
during the site design. To mitigate for 0.716 acres of wetland impacts, the applicant plans to buy
into Lower Cape Fear Mitigation Bank for the restoration of 0.716 acres of non - riparian wetlands
within the Cape Fear River watershed. Additionally, a portion of the remaining wetlands will be
preserved in perpetuity. We look forward to working with the Army Corps of Engineers on further
developing the mitigation plan.
0
LIST OF FIGURES & APPENDICES
Waves of Praise Worship -Center
Brunswick County, NC
Figure 1
Vicinity Map
Figure 2
Topographic Map
Figure 3
Preliminary Wetland Survey
Figure 4
SCS Soils Map
Figure 5
Aerial Photograph
Figure 6
Preferred Project Site Plan
Appendix A. Pictures of Site
Appendix B. Property Lease
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Brunswick County, NC LAND MANAGEMENT GROUP ..
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August 2013 www.LMGroup.net Vicinity
Phone: 910.452.0001 •1.866.LMG.1078 y a p
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Brunswick County, NC IAND MANAGEMENT GROUP Figure Z
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Z. AREA DETERMINED 13Y COORDINATE COMPUTATION METHOD.
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RECORDED IN MAP CABINET G, PAGE 114, IN THE BRUNSWICK
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APPENDIX A. SITE PHOTOGRAPHS
Looking southwest through the site.
View of uplands within the site.
Waves of Praise Worship Center
Boiling Spring Lakes, NC
40 -13 -098
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
August 2013
Appendix A. Site Photos
View of ditch that runs along northern property boundary.
View of New Hanover Road just north of project site.
Waves of Praise Worship Center
Boiling Spring Lakes, NC
40 -13 -098
Land Management Group, Inc.
Environmental Consultants
Wilmington, N.C.
August 2013
Appendix A. Site Photos
APPENDIX B. PROPERTY LEASE AGREEMENT
Lease Agreement
This agreement is between Robert Hair, Jr. (landowner) and Waves of Praise Worship
Center c/o Pastor Elmer Bauman (tenant), for the lease of certain parcels of land for the
purpose of construction and operation of a church- '
1. The parcel(s) contained in this agreement are is/described as follows: 3648 George II
Hwy (Hwy 87), Boiling Spring Lakes, NC (PIN 208911655975.
2. The term of this lease shall be from June 1, 2013 to June 12028 except as terminated
earlier according to the provisions below.
3. The tenant agrees to pay a lease fee to the landowner of $1 per acre or $5 total, per
year. The tenant agrees to pay such sum at the beginning of the lease term and on the
anniversary thereof unless otherwise mutually agreed. A late penalty of up to 10 %/month
may be assessed on all late payments. This lease fee may be renegotiated annually.
4. Permitted Uses: The tenant is permitted all normal activities associated with the above
purposes, including but not limited to: construction and operation of Waves of Praise
Worship Center
5. Prohibited Uses: The tenant shall not, unless by mutual agreement to the contrary,
engage in any of the following activities on said parcel(s): N/A
6. The tenant agrees to proper disposal of trash and waste and comply with any and all
federal, state or local laws.
7. The tenant agrees to pay all taxes and assessments associated with this parcel.
8. The tenant agrees to provide the landowner with evidence of liability insurance
coverage.
9. Either party may terminate this lease at any time with 24 month notice to the other
party. The tenant agrees not to assign or sublease his/her interest.
10. The terms of this lease may be amended by mutual consent.
11. A default in any of these provisions by either party may be cured upon written notice
by the other party within 30 days of receipt of such notice. Any disputes occurring
from this lease may be resolved by standard mediation practices, if necessary.
12. Landowner retains his/her right to access the parcel(s) for the purposes of inspection
with prior notification to the tenant.
13. Other special terms and conditions in this lease: N/A
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