20081555 Ver 2_Approval Letter_20110224

AVEMIKA
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
February 24, 2011
Shelter Creek Capital, LLC
12121 NC Highway East
Maple Hill, NC 28454
Re: Shelter Creek Capital, LLC d/b/a Shelter Creek Quarry, Maple Hill, Pender County
DWQ Project # 2008 1555, Ver. 2, USACE Action ID. No. 2008 01720
Holly Shelter Creek, (030623,18-74-33, C, SW)
APPROVAL of 401 Water Quality Certification with Additional Conditions - REVISED
Dear Sir or Madam:
Attached hereto is a copy of Certification No. 3849 issued to Shelter Creek Captial, LLC d/b/a Shelter Creek
Quarry, dated February 24, 2011. This Certification replaces the Certification issued to you on February 21,
2011. 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.
Since y, -
Coleen Sullins
CHS/ijm
Attachments: Milestone Wetland Impact Map
Cursory Wetland determination and Proposed Mitigation V.5 Dated 2/16/2011
Shelter Creek Quarry Wetland Summary Spreadsheet Revised 2/17/11
NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements
Certificate of Completion
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Dana Lutheran, SEGI
Ronnie Smith Wilmington District, USACOE
Joanne Steenhuis, DWQ, Wilmington Regional Office
Tammy Hill, DWQ, Program Development
Trentt James, DLR, Wilmington Regional Office
Stephen Rynas, DCM Morehead City
File Copy
Anne Deaton, DMF
Filename: 081555 Ver2ShelterCreekQuanymod(Pender)401_IC_Revised
Shelter Creek Capital, LLC
Page 2 of 6
February 24, 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 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, January 31, 2011, and February 18,
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
C - 3.8 ac
D - 5.9 ac
E - 0.24 ac
F - 1.4 ac
G - 0.7 ac
I - 0.5 ac
AA -1.2 ac
DD - 4.9 ac
EE - 5.3 ac
FF - 3.4 ac
GG - 1.48 ac
Shelter Creek Capital, LLC
Page 3 of 6
February 24, 2011
HH - 1.75 ac
II - 0.31 ac
KK - 0.11 ac
MM - 1.86 ac
NN-0.11 ac
00 - 0.12 ac
PP - 0.03 ac
Isolated wetland H -1.56 ac Attachment 5 (V.3)
J-0.11 ac revised by SEGi on 1.27.11
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 conditionI for construction and operations of wastewater treatment facilities, the development of an
Shelter Creek Capital, LLC
Page 4 of 6
February 24, 2011
operational and monitoring plan and the development and implementation of a Stormwater Pollution
Prevention Plan (SPPP) and monitoring requirements.
6. Continuing Compliance:
Shelter Creek Capital, LLC and its 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 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
Shelter Creek Capital, LLC and its 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 Shelter Creek Capital, LLC and its 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;
Mitigation:
7. Compensatory Mitigation (Final Plan Needed)
Type of Impact Compensatory Mitigation Required River and Sub-
basin Number
Stream N/A (linear feet)
Wetlands A total of 43.82 acres of cumulative wetland impacts are
required to be mitigated foras follows:
41.21 acres of wetlands are to be mitigated at a 1:1 ratio; CPF 23/18-74-33
2.61 acres of isolated wetlands are to be mitigated at a 2:1 CPF 23/18-74-33
ratio (of the required mitigation for the isolated wetlands, CPF 23/18-74-33
2.61 acres of wetlands will be created and 13.05 acres will be
mitigated through preservation at a 5:1 ratio);
Non-Riparian 5.5 acres of non-riparian wetlands are to be purchased from EEP
Riparian 38.33 acres of riparian wetlands are to be created at the
Croomsbridge Road Site.
0.25 acres of riparian wetlands are to be restored;
Enhancement 3.2 acres of 404/wetlands are to be enhanced at the Croomsbridge
Road Site and
Preservation 85.35 acres of wetlands are to be placed in preservation at the
Croomsbridge Road site (of this 13.05 acres is required for part
of the mitigation for the isolated wetland impacts).
See Cursory Wetland Determination and proposed Mitigation
Ma v5 dated 2/16/2011.
Waters N/A (acres)
A preliminary mitigation plan for this project has been provided and accepted for this project. A final
plan needs to be submitted to be reviewed and approved by this Office and the Wilmington Regional
Office. 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 for the wetland
impacts that will within the next 5 years. Until the EEP receives and clears your check (made payable to:
DENR - Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate
Shelter Creek Capital, LLC
Page 5 of 6
February 24, 2011
shall occur. The EEP should be contacted at [phone] 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.
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 ` 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
Shelter Creek Capital, LLC
Page 6 of 6
February 24, 2011
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.
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 24th da of Feb ary 2011
D ISIOIV OF ; - ALITY
G
64" oleen Sullins
CHS/ijm - 3849
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
[phone]
Netlands, Buffers, Stormwater, Compliance and Permitting Unit (WeBSCaPe)
650 Mail Service Center, Raleigh, North Carolina 27699-1650
'hone: 919-807-6301 1 FAX: [phone]
nternet: hftp://pogal.ncdenr.org/web/wq/ws
?n Equal Opportunity 1 Affirmative Action Employer
Filename: 081555ShelterCreekQuarry(Pender)401_IC_EEP
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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
[phone]
Filename: 081555ShelterCreekQuarry(Pender)401_IC_EEP_Revised
Wetlands, Buffers, Stormwater, Compliance and Permitting Unit (NIeBSCaPe)
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
4n Equal Opportunity 1 Affirmative Action Employer
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NCDEENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
DWQ Project No.:
Applicant:
Project Name:
Division of Water Quality
Coleen H. Sullins
Director
County:
Date of Issuance of 401 Water Quality Certification:
Certificate of Completion
Dee Freeman
Secretary
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 this certificate to the 401[Wetlands Unit, North Carolina Division
of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant,
the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Agent's Certification
Date:
I, , hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional (i.e., Engineer, Landscape
Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time)
the construction of the project, for the Permitee hereby state that, to the best of my abilities, due care and diligence was used
in the observation of the construction such that the construction was observed to be built within substantial compliance and
intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting
materials.
Signature:
Date
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 512 N Salisbury St Floor 9 Raleigh North Carolina 27603
Phone: [phone] FAX: [phone]
Internet: www.nawaterquality`org
An Equal Opportunity 1 Affirmativq Action Employer
Registration No.
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