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HomeMy WebLinkAbout20060365 Ver 1_401 Application_20060303March 1, 2006 To: US Army Corps of Engineers Raleigh Regulatory Office Attn: Staff 6508 Falls of the Neuse Road Suite 120 Raleigh, North Carolina 27615 From: Jay Keller Skelly and Loy, LLP 6404 Falls of the Neuse Road Suite 103 Raleigh, North Carolina 27615 NC Division of Water Quality 401 Oversight and Express Permits Unit Attn: Staff 2321 Crabtree Boulevard Suite 250 Raleigh, North Carolina 27604-2260 ~ C} ~~ ~0 365 Q~c~~oe~~ MAR 3 2006 DENR - WATER QUAU'I"Y Re: HOUSE OF FAITH WETLANDS AND STORMVWITFR BRAND Nash County, North Carolina On behalf of the owners, House of Faith, please find attached a complete application and supplemental information requesting written concurrence from the United States Army Corps of Engineers (USAGE) and the North Carolina Division of Water Quality {NCDWQ) that the activities proposed below may precede utilizing Nationwide Permit 39. Please contact me at (919) 878-3535 or ikeller(cD_skellyloy.com if you have any questions or require any additional information. PROJECT SUMMARY Pro'ect Name HOUSE OF FAITH Pro'ect T e CHURCH Owner / A licant Pastor David Prid en Coun Nash Nearest Town Sha sbur Waterbo Name UT to Tar River Basin /Sub-basin 03-03-02 Index Number 28- 63 Class WS-IV NSW CA IMPACT SUMMARY Stream Im act feet 0 Wetland Im ad acres 0.46 acre O en Water Im act acres 0 Total Im act to Waters of the U.S. acres 0.46 Total Stream Im ct linear feet 0 Please contact me at (919) 878-3535 if you have any questions or require any additional information. Sincerely, SKELLY AND LOY, LLP `~ ~~~ Jay Keller Wetland Ecologist Attachments: Pre-Construction Notification (PCN) Application Form and Addendum Agent Authorization USGS Vicinity Map Nash County GIS Aerial Detailed Impact Maps $200.00 Review Fee o ~~~ MAR ~ ~~~~; ~r Office Use Only: ..r.."~,,,n~pp1~SZ~~'~B Form Version May 2002 YY'r1~t~~v~"^^''"" ~" ~"? '~i ~ Q o7 ~7 5 USACE Action ID No. 200520690 DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ~ Riparian or Watershed Buffer Rules Section 10 Permit ~ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 39 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: 4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete section VIII and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: II. Applicant Information Owner/Applicant Information 1. Name: Pastor David Pridgen Mailing Address: PO Box 1982, Rocky Mount, NC 27801 Telephone Number: (252) 908-5909 Fax Number: E-mail Address: _ agparson(a~earthlink.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Jav Keller Company Affiliation: Skelly and Loy, LLP Mailing Address: 6404 Falls of Neuse Rd. Raleigh, NC 27615 Telephone Number: 919-878-3535 Fax Number: 919-878-3550 E-mail Address: jkeller(a~skellyloy.com Page 5 of 12 -~ ~ r III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: HOUSE OF FAITH CHURCH 2. T.I.P. Project Number or State Project Number (NCDOT Only): 3. Property Identification Number (Tax PIN): 373700155357 & 373700152170 4. Location County: Nash Nearest Town: Sharpsburg Subdivision name (include phase/lot number): Directions to site (include road numbers, landmarks, etc.): Located on NC-97 approximately 1/2 mile north of Rocky Mount-Wilson Airport and Tar River Reservoir. 5. Site coordinates, if available (UTM or Lat/Long): N 35° 52.5'; W77° 52.8' (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) 6. Property size (acres): 7.09 acres 7. Nearest body of water (stream/river/sound/ocean lake): Tar River River Basin: Tar-Pamlico (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Mostly forested tract with grassy area near northeast property corner. There is an intermittent stream flowing near the front of the property from the southwest property line towards NC-97. This stream is not indicated on the USGS or Nash County Soils Map. Adjacent land uses include residential, forested and agricultural areas. Page 6 of 12 :.' 9. Describe the overall project in detail, including the type of equipment to be used: To construct a house of worship and provide parking and other transportation areas to accommodate the congregation and other users. We are requesting to impact 0.46 acre of wetlands to construct these facilities. Equipment to be used includes trackhoes, bulldozers, and other land grading equipment. 10. Explain the purpose of the proposed work: The impacts to the wetland areas will be necessary to complete the church and associated facilities, thus sustaining the development of the proposed worship center. IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. No. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. The applicant must also provide justification for these impacts in Section VII below. All proposed impacts, permanent and temporary, must be listed herein, and must be clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Permanent impacts to wetlands totaling 0.46 acre are anticipated for this protect. Impacts to the wetland include rag ding. Page 7 of 12 2. Individually list wetland impacts below: Wetland Impact Site Number (indicate on ma) Type of Impact* Area of Impact (acres) Located within 100 year Floodplain** es/no) Distance to Nearest Stream (linear feet) Type of Wetland*** Grading 0.46 no SO if Forested Wetland * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till, excavation, flooding, ditching/dtainage, etc. For dams, separately list impacts due to both structure and flooding. ** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps (FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or online at http://www, fema. gov. *** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond, Carolina Bay, bog, etc.) Indicate if wetland is isolated (detemtination of isolation to be made by USACE only). List the total acreage (estimated) of all existing wetlands on the property: 1.15 acre Total area of wetland impact proposed: 0.46 acre 3. Individually list all intermittent and perennial stream impacts below: Stream Impact Site Number (indicate on ma) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Im ct Perennial or Intermittent? lease ) N/A " List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap, dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain), stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightenutg, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. "" Stmam names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9b16, or online at www.usas.gov. Several intemet sites also allow direct download and printing of USGS maps (e.g., wvvlv.topozone.com, www.mapquest.com, etc.). Cumulative impacts (linear distance in feet} to all streams on site: 0 4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U. S.}below: Open Water Impact Area of Name of Waterbod y Type of Waterbody Site Number Type of Impact* Impact (~ applicable) (lake, pond, estuary, sound, (indicate on ma) (acres) ba ,ocean, etc.) N/A * List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging, flooding, drainage, bulkheads, etc. 5. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Page 8 of i2 \- VII. Pond to be created in (check all that apply): Describe the method of construction (e.g., draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Size of watershed draining to pond: Expected pond surface area: Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. This pre-construction notification application is for the authorization of wetland impacts associated with the proposed church site. This chosen layout is the most practical alternative which provides for the best use of all lands and waters affected by the church. A primary reason of the 0.46 acre of wetland impacts is justified is due to the limited, minor, impacts to the surrounding environment. Though the intermittent stream is not subject to the Tar-Pamlico Buffer Rules, buffers will be placed around the entire stream corridor and the entrance road will be placed in the upland (northwest) areas adjacent to NC-97. The proposed layout will also provide suitable upland areas for the primary and repair septic fields. The financial viability of this project depends on the development of this area. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on March 9, 2000, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. uplands ~ stream ~ wetlands dam/embankment, excavation, installation of Page 9 of 12 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o. enr.state.nc.us/ncwetlands/strmgide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. The project will establish and maintain wetland and upland vegetated buffers to protect open waters along the unnamed tributary to the Tar River. The proposed wetland impact is allowable without mitigation. 2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at (919) 733-5208 to determine availability and to request written approval of mitigation prior to submittal of a PCN. For additional information regarding the application process for the NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCWRP is proposed, please check the appropriate box on page three and provide the following information: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): n/a Amount ofNon-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): n/a IX. Environmental Documentation (required by DWQ) n/a Does the project involve an expenditure of public (federal/state) funds or the use of public (federal/state) land? Yes ~ No If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ~ No If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Page 10 of 12 Yes ~ No X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )~ Yes ~ No ® If you answered "yes", provide the following information: Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (square feet) Multiplier Required Mitigation 1 n/a 2 n/a Total n/a Gone I extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Conservation Easement, Riparian Buffer Restoration /Enhancement, Preservation or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0260. Riparian buffer mitigation is not required. XI. Stormwater (required by DWQ) Describe impervious acreage (both existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. Total acreage: 7.09 acres. Impervious areas: existing-0; proposed-88,606 SF (2 03 Ac.); 2.03 Ac/7.09 Ac = 28.6%. Proposed impervious surfaces include: sidewalks building footprint & driveways. While under construction, temporary, custom sedimentation basins will be installed outside of the wetlands and streams to protect them against sedimentation along with other appropriate sedimentation and erosion control measures in compliance with the Nash County Sedimentation and Erosion Control requirements. Best Management Practices, such as rain gardens, will be incorporated around and within the parking areas to alleviate stormwater runoff. Page 11 of 12 XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The approximately 200-seat sanctuary will discharge about 1000 gallons per day. Sewage disposal will be accomplished on site to a septic field. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ~ No Is this an after-the-fact permit application? Yes ~ No XIV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). ~ ~= ~~" ~ Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 ~';, ~~ T D TapuQuads ~PY~ ®1999 DeLmme Yaemmdh, ME 04DD96 Smace De#a: TJSi.',' ; ?09 it Scale: I :1AA04 Detn7: L'~1 Dsm®: WGS84 ~~ ~A ~R 3 ~ A-~ID ST `ORMH'UTER BRANCH ti^ ~~\\ ti Vv ~~ ~ry ~~~ ~~ r~J ~S' ~) w7e ~ w1 W2 w77 / i w76 P~' / w75 /. ~1 W3 ~' ~\ ~ 74 1 W4 PROPOSED ~,` CHURCH w73 LOCATION w72 W5 W71 CJ W6 W66 W65 W64 W63 6 W62 61 W8 W60 ws 2w1 W10 2W21 2W19 59 2W17 58 W57 9 2W22 2W16 W55 5 a•a7°13"w 3 W2 W54 2W1 / ~~ W11 W3 W36 W39 2W14 W53 / 2W13 12 W31 W35 2W3. 2W4 2W10 W52 W5,,1/ Wi W34 W40 } `.2W~ 2W7 2W8 W Sy _s was ~ s ~ w1s W W w47 -~ % j W16 4 W26 ~' ; HS-EIS JKA / W17 4 , i W18 W25 45 W24 S-EIP JKA \~~~ W 19 ~ W23 ~ ~~ W2 ~ 0~\ CECIL T. WILLIAMS w2 22 4 ~JM M.6. 22 - Pg. 178 ~, ~~ \~< ; ~CQ-Q ~ ~~ Hs-E1s ~~ ,~~" ~. v~ ~ ~~ ~ ~~ £3 O LEGEND ~r °' ~~ ~ SKELLY and LOY, LLP FEB. 2006 FIGURE 2 ~ ~ ~..~} /_L/~ NON-IMPACTED WETLANDS 00.69-Acre) ~ ~~~ WETLAND IMPACT MAP PROPOSED WETLAND IMPACTS 00.46-Acre) - - - - - APPROXIMATE INTERMITTENT STREAM LOCATION House of Faith SCALE (FEET) Rocky Mount, Nash County, North Carolina Scale: AS SHOWN Project No. 2604030 0 20 40 100 December 10, 2004 TO: Skelly and Loy, LLP 6404 Falls of Neuse Rd. Raleigh, North Carolina 27615 FROM: David Pridgen Senior Pastor House of Faith Church PO Box 1982 Rocky Mount, NC 27801 252-908-5909 I, David Pridgen as a representative concerning the property on NC 97 in Rocky Mount, NC , do hereby authorize and give permission for Skelly and Loy to represent or act as agent on our behalf and allow the COE or any other regulatory agency to go on the property with an Skelly and Loy representative for such purposes as necessary to perform the job tasks. ~' R. David Pridgen Senior Pastor House of Faith Church PO Box 1982 Rocky Mount, NC 27801 i ~ /'-~~ ~~~ Date I ~ ;a~ ~ ~~: