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HomeMy WebLinkAbout20081555 Ver 1_Approval Letter_20110201A CDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director February 1, 2011 Shelter Creek Capital, LLC Attn: William H. Cameron 12121 NC Highway East Maple Hill, NC 28454 Dee Freeman Secretary Re: Shelter Creek Capital, LLC d/b/a Shelter Creek Quarry, Maple Hill, Pender County DWQ Project # 2008 1555, USACE Action ID. No. 2008 01720 Holly Shelter Creek, (030623,18-74-33, C, SW) APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Cameron: Attached hereto is a copy of Certification No. 3849 issued to Mr. William H. Cameron of Shelter Creek Captial, LLC d/b/a Shelter Creek Quarry, dated February 1, 2011. This Certification supercedes the General Certification (Project # 06 0943) issued to you on July 26, 2006. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Land Quality, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. Sincerely, Coleen Sullins CHS/ijm Attachments: Milestone Wetland Impact Map Shelter Creek Quarry Wetland Summary Spreadsheet NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Dana Lutheran, SEGI Ronnie Smith Wilmington District, USACOE Joanne Steenhuis, DWQ, Wilmington Regional Office Trentt James, DLR, Wilmington Regional Office Stephen Rynas, DCM Morehead City File Copy Anne Deaton, DMF Filename: 081555 ShelterCreekQuarry(Pender)401_IC Mr. William H. Cameron and Shelter Creek Capital, LLC Page 2 of 6 February 1, 2011 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in 15 NCAC 21-1, Section.0500 to Mr. William H. Cameron of Shelter Creek Capital, LLC to permanently impact an additional 43.72 acres of jurisdictional wetlands. These additional impacts are to be cumulatively added to the previously permitted impacts approved on July 26, 2006 for a total cumulative wetland impact of 43.82 acres in the Cape Fear Basin for the proposed Shelter Creek Quarry Expansion located near Burgaw, in Pender County, North Carolina, pursuant to an application filed on the 8th day of October of 2008, and in additional correspondences received on November 3, 2008, March 18, 2010, December 17, 2010, January 24, 2011, January 27, 2011 and January 31, 2011. The application and supporting documentation provides adequate assurance that the proposed work will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. This approval is for the purpose and design submitted in the application materials and as described in the Public Notice and revised during the project phases to reduce impacts. The approved plans and specifications for this project are incorporated by reference and are an enforceable part of the permit. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 1. Impacts Approved The following additional impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Type of Impact Amount Approved nits Plan Location or Reference 404/401 Previously issued impacts (0.102 ac) Wetlands Per July 26, 2006 GP Attachment 5 (V.3) A - 7.2 ac revised by SEGi on 1.27.11 B - 0.8 ac (low value) C. - 3.8 ac (low value) D - 5.9 ac E - 0.24 ac F - 1.4 ac G - 0.7 ac (low value) I - 0.05 ac AA -1.2 ac (low value) DD - 4.9 ac EE - 5.3 ac Isolated wetlands H - 1.56 ac Attachment 5 (V.3) J-0.11 ac ) revised b SEGi on 1.27.11 Mr. William H. Cameron and Shelter Creek Capital, LLC Page 3 of 6 February 1, 2011 K-0.16 ac BB - 0.54 ac CC - 0.24 ac Waters N/A Sediment and Erosion Control: 2. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. Any violations of this condition including turbidity and failed silt fences MUST be reported to the Wilmington Regional Office immediately at 910.796.7215. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Stormwater, Mine Dewatering and Process Wastewater Permit NCG020000 Shelter Creek Quarry has been issued a General Permit NCG020000. The General Permit allows the discharge of stormwater, mine dewatering wastewater, and process wastewater to surface waters of North Carolina as stipulated by conditions in the permit. Full compliance with the permit conditions including the conditions for construction and operations of wastewater treatment facilities, the development of an operational and monitoring plan and the development and implementation of a Stormwater Pollution Prevention Plan (SPPP) and monitoring requirements. 6. Continuing Compliance: Mr. William H. Cameron of Shelter Creek Capital, LLC and his authorized agents and/or contractors, shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division determines that such standards or Mr. William H. Cameron and Shelter Creek Capital, LLC Page 4 of 6 February 1, 2011 laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, the Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. William H. Cameron of Shelter Creek Capital, LLC and his authorized agents and/or contractors and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. William H. Cameron of Shelter Creek Capital, LLC and his authorized agents and/or contractors in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Miti atg ion: 7. Compensatory Mitigation (Final Plan Needed) Type of Impact Compensatory Mitigation Required River and Sub-basin Number Stream N/A (linear feet) Wetlands Total of 87.64 acres of wetlands required to be mitigated (2:1 ratio). CPF 23/18-74-33 Non-Riparian 5.5 acres to be purchased from EEP CPF 23/18-74-33 Riparian 35.87 acres riparian wetlands to be CPF 23/18-74-33 created at the Croomsbridge Road Site. Enhancement 3.2 acres of 404/wetlands to be enhanced at the Croomsbridge Road Preservation Site. 119.2 acres to be preserved per Milestone Wetland Impact Map revised 1/27/11 Waters N/A (acres) A total of 87.64 acres of wetlands is required to be mitigated (2:1 ratio) for this project. A preliminary mitigation plan for this project has been provided and accepted for this project. It is to include 5.5 acres of non-riparian wetlands to be purchased from EEP. This has been determined by the DWQ to be a suitable method to meet the initial mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 716-1921 if you have any questions concerning payment into the fund. You have 60 days from the date of this approval to make this payment. The final mitigation plan needs to include the following minimum components; a signed wetland Jurisdictional determination; grading plan (showing how much soil will be removed with elevations, the separation of the topsoil and its incorporation into the wetland creation areas);a sedimentation and erosion control plan; a detailed construction sequence and planting plan; location map of proposed monitoring wells and installation procedures; a map of the sample plot locations (at least one random plot within each section of wetland creation) and the future plans for the stockpiled sediment. The remaining wetland mitigation must be constructed, maintained, and monitored according to the final approved plans. Any repairs or adjustments to the site must be made according to the approved plans or must receive written approval from this Office to make the repairs or adjustments. At the completion of the mitigation project, the DWQ will require a determination (as a survey) of the wetland area created, restored or enhanced for compliance of the permit. Mr. William H. Cameron and Shelter Creek Capital, LLC Page 5 of 6 February 1, 2011 Monitoring 8. Wetland Monitoring for the mitigation site a. A report must be submitted annually to both the Central Office of the Division of Water Quality and the Wilmington Regional Office of DWQ, for five years. This report must be received by June 1 of each year. All water level data results and rain gauge results must be provided as an addendum to the report (regardless of well location). The Wetland Monitoring and Pumping Plan Report must include the following: 1). A written account of the hydrological status of wetlands; 2). A written account of the physical status of wetlands on tracts; and 3). Well maintenance records. b. The monitoring results will be reviewed by the NCDWQ. If NCDWQ has concerns regarding status of the jurisdictional wetland hydrology, the NCDWQ will confirm the status of the wetland hydrology from the USACE (or the current delegated authority). c. If at the end of the required monitoring of the wetland creation areas, not enough acres of wetlands meet the required wetland criteria and therefore not meeting the required mitigation for the proposed wetland impacts covered by this Certification, then additional compensatory mitigation (described in 15A NCAC 2H.0506) will be required. d. At the completion of the required mitigation, the minimum of 5 years or when it is deemed successful, the mitigation site (Croomsbridge Road site) will be required to be placed under a conservation easement or some similar mechanism within 60 days. 9. Other Wetland Monitoring (per the Operation and Monitoring Plan) As many of the existing wetland monitoring wells on and off the mine site have been destroyed, and the data from the remaining wells have been compromised, the applicant shall submit a new and revised monitoring plan to the Wilmington Regional Office within 30 days of receipt of this certification. Once approved by the Division of Water Quality, the monitoring plan shall be implemented within thirty days of receiving said approval in writing from the Division. In addition to the monitoring wells, this plan shall include daily monitoring of rainfall and a daily accounting of the quantity of water pumped from the dewatered mine, and a daily accounting of where and how much water is reapplied to the wetlands on the mine tract. An annual report that shows the impacts of dewatering on the wetlands must be received by the Division by January 31 sc of each year. The applicant will contact the Division within a week of discovering that the monitoring data shows dewatering is impacting more wetlands than is authorized by this certification. Moreover, if impacts are reported by the applicant or the Division reviews the annual monitoring reports, and determines that more wetlands are being dewatered than are authorized by this certification, then additional monitoring will be required. Other conditions: 10. Equipment All mechanized equipment ( for the mine site and the mitigation site) will be regularly inspected and maintained to prevent contamination of waters and wetlands from hydrocarbons or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call 1.800.858.0368. Mr. William H. Cameron and Shelter Creek Capital, LLC Page 6 of 6 February 1, 2011 11. The permittee shall notify the DWQ in writing prior to the beginning of the work on the mitigation site authorized under this certification. A pre-construction meeting must be held with the DWQ prior to the start of the project so that the contractors and/or agents fully understand the conditions associated with this certification. 12. Protective Fencing The wetland boundary in areas where the soil will be stockpiled (at the Croomsbridge site) must be clearly identified on all jurisdictional wetlands present as depicted on the jurisdictional determination map signed by the US Army Corps of Engineers. The outside wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities. 13. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. This certification and its conditions are final and binding unless you ask for a hearing. This the 1 st day of Febr 2011 DIVI ON W T UALITY Coleen Sullins CHS/ijm 3849 ,?r DeSEcts M NC us V? yWY, 14Y SIX L.OCkMN AA 1.2 J ! r uaDL.d e e o.a $• B; ;E . UONeled o O 0.24 OD 4.e e T ba 00 1.40 5. `";,, ?HN 1.75 ll DaI Ad. r npA NN P.p llP 7„yne•F • M N t.ee ...?. ,?? • N N 0.11 ''I> X00 O,I2 NY1.I _ ? P.P O.a7 Dead te6Or NC 3 I' I. - NMRffM6D9 ..wm .. A 7.2 A 73 'e 8 0.6 p C 3.8 E 0.24 KK,-om A" Deed 3358/062 F 1.4 wla1lB?'A4.N0 1 Yellow Lab Forme G 0.7 L./ 44 70 BE JktPlkCTED {+J '?aa I t H 1.56 Isolated 1 0.5 I s Mlnln¢ Tartninallo Line J 0.11 laolated ,f TEr - `Orange Una; K 0.16 lealated Y I •? ?; r; 0w•r I I, i 20'Wlee B rin F - Is iz?p ism& 1) TOTAL.MWARE ASIA. UN M ORMA PER FT APPROK - 723 ACRES +/- IA)?I•larld TA"FO .s 41n sv 1.q7 ?`?'• x) TOTAL IINEAN ASIA UNDER NEW PENT APPROLL-173,6 AM +/- we-+lard Sfn ' S 7L11--2tN5L?7.S• a 1 = AC' - ram 3) TorM. t1wEletE ARU APPROX. - 24e.0 AOIff3 +/- 7ys31 STY I }8 5 70 Wd'1ar1d ? - "12 >'?• 1 = y'3 4) TOM fbili me RSNANDs Arm APPROX.. 1844 AMD +/- . ?oi•r71.1 ?, @ aM,lr10 one, O) TOTAL 045IIN0 404 OMBOICnONV. 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O e- C 9 O 1 Mt D I V 0 N m p N c ? M O , CO V ? 0 h m e- C t V o r W V 1 n .- ? L- M N N N u C r ? C Q N O W m N r LO N N M N O r 4 y h Ot h t A 6 - O r, O r O O L ? O O O V O Ma -a n ( -- !>. C N C O' . ? - O O O O N a uJ V ? Z C o Q[ l 0 W L ? U S - ? Y ?n o o o U. V ?IL pW LLC 1 7 02 2 : - Y Y L ? s Z Z Ol O 1 a <LL N u' r O LL LL J zZ SS2 w O 2 O Ir LL W -> C7 5z ;w ;o uW 0 :v ] J a? m D. W rc U a It h N 0 W N O Oi N r M Q N ??ij R W V d U z 0 LL m W v C L E 3 W E O Li ? to ?d3 z 1° 5 > w ??uu 3 a . E E LL g L C L J a com a L LL z0 - II II UU Q_ yQ ? OI 0 0 0 N l_C6 lC0 °va N N O) a NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, Mr. William H. Cameron of Shelter Creek Capital, LLC, have permission as outlined below to fill or otherwise impact 43.82 of 404/wetlands to construct the proposed quarry expansion at the site, which is located near Burgaw, Pender County, North Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 20081555 NC EEP NAME: Shelter Creek Quarry LOCATION: Burgaw COUNTY: Pender BASIN/ SUB BASIN: Cape Fear/03030007 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Impacts Mitigation 5.5 Acres Non-riparian Wetlands 5.5 Acres Non-riparian Wetlands One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM EN14ANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe) 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Phone: 919-807-6301 \ FAX: 911807-6494 Internet: hftp://po0al.ncdenr.org/peb/wq/ws Filename: 081555SheiterCreekQuarry(Pender)401_IC_EEP An Equal Opportunity 1 AffirmatiT Action Employer