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HomeMy WebLinkAbout19991351 Ver 1_COMPLETE FILE_19991210 NORTH CAROLINA DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES RALEIGH REGIONAL OFFICE 3 5 DIVISION OF WATER QUALITY 9 9 1 December 6, 1999 Mr. Frank K. Beard O K Logging , 2917 Fairway Drive Raleigh, NC 27603 Subject: Neuse Riparian Buffer Riparian Buffer Rules NBRRO 99 264 Knightdale Road Logging Site Wake County Dear Mr. Beard: On November 19, 1999, Mr. Charles Brown of the Raleigh Regional Office conducted a site visit of the area involved in the above referenced project. It was dcLermined as a result of the site visit that there were water body channels present on the property and therefore subject to the Neuse River Basin: Nutrient Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:02B.0233 (NCAC 0233). The intermittent streams formed into one channel that exited the property at the back. The logging was done to the edge of the bank with a few trees remaining in the buffer. The logging was done for the New Covenant Life Baptist Church. The attached map shows the location of the logging activity. A copy of the Neuse Buffer Riparian Rules are attached. The Neuse Riparian Rules prohibit logging within 50 feet of a intermittent stream unless certain conditions are met. It was stated the church told you ?,viiere to cut the timber. The compliance with these rules is both the responsibility of the h,.ndowner and the timber company. Violations of the Neuse Riparian Rules are subject to I i nes of up to $10,000 per day per violation. 3800 BARRETT DRIVE, 8UIT6 101, RALEIGH, NORTH CAROLINA 87600 PHONE818-571-4700 FAXO18-871-4718 AN EQUAL OPPORTUNITY /AFFIRMATIVE ACTION EMPLOYER - 30% RECYCLED/10% POET-CONSUMER PAPER OK Logging Page 2 Thank you for your attention to this matter and if this Office can be of any assistance or if you have any additional questions concerning this letter, please do not hesitate to contact me at 571- 4700 ext. 237. Sincer ly, • Charles Brown Environmental Specialist cc: RRO/John Dorney \neusbuf. let\nbr264. let ENR - ENVIRONMENTAL MANAGEIVENT TISA: 02B.0200 Paragraph. (b) Obtain approval fora mitigation proposal pursuant to 15A NCAC 2B .0242. (11) REQuiREMENTS SPECIFIC TO FOREST HARVESTING. The following requirements shall apply for t forest harvesting operations and practices. (a) The following measures shall apply in the entire riparian buffer: (i) Logging decks and sawmill sites shall not be placed in the riparian buffer. (ii) Access roads and skid trails shall be prohibited except for temporary and permanent stream crossings established in accordance with 15A NCAC 1I.0203. Temporary stream crossings shall be permanently stabilized after any site disturbing activity is completed. (iii) Timber felling shall be directed away from the stream or water body. (iv) Skidding shall be directed away from the stream or water body and shall be done in a manner that minimizes soil disturbance and prevents the creation of channels or ruts. (v) Individual trees may be treated to maintain or improve their health, form or vigor. (vi) Harvesting of dead or infected trees or application of pesticides necessary to prevent or control extensive tree pest and disease infestation shall be allowed. These practices must be approved by the Division of Forest Resources for a specific site. The Division of Forest Resources must notify the Division of all approvals. . (vii) Removal of individual trees that are in danger of causing damage to structures or human life shall be allowed. (viii) Natural regeneration of forest vegetation and planting of trees, shrubs, or ground cover plants to enhance the riparian buffer shall be allowed provided that soil disturbance is minimized. Plantings shall consist primarily of native species. (ix) High intensity prescribed burns shall not be allowed (x) Application of fertilizer shall not be allowed except as necessary for permanent stabilization. Broadcast application of fertilizer or herbicides to the adjacent forest stand shall be conducted so that the chemicals are not applied directly to or allowed to drift into the riparian buffer. (b) In Zone 1, forest vegetation shall be protected and maintained. Selective harvest as provided for this Paragraph is allowed on forest lands that have a deferment for'use value under forestry in accordance r# with G.S. 105-277.2 through 277.6 or on forest lands that have a forest management plan prepared or approved by a registered professional forester. Copies of either the approval of the deferment for use value under forestry or the forest management plan shall be produced upon request. For such forest lands, selective harvest is allowed in accordance with the following: (i) Tracked or wheeled vehicles are not permitted except at stream crossings designed, constructed and maintained in accordance with 15A NCAC 11.0203. (ii) Soil disturbing site preparation activities are not allowed. (iii) Trees shall be removed with the minimum disturbance to the soil and residual vegetation. (iv) The followin nt? , ry g provisions for.selectiveharvesting shall be met: (A) The first 10?;t'eet.of.,Zone:1 directly. adjacent to the stream or.waterbody shall be undisturbed•"iexc:e* foc:.;he removal of individual high value trees as defined provided that no trees,with exposed primary roots visible in the streambank be cut. (B) In the outer.,20 feet of Zone 1, a maximum of 50 percent of the trees greater than five inches db «be cut .and a'emoved., The reentry time for harvest, shall be no more frequent than every ,15 years, except on forest plantations?where the reentry time shall be no more frequent than every five years.. In either case, the trees remaining after harvest shall bras evenly spaced as possible. (C) In Zone 2, harvesting and regeneration of the forest stand shall be allowed provided that sufficient ground cover is maintained to provide for diffusion and infiltration of surface runoff. (12) REQUIREMENTS SPECIFICTOLOCAL GOVERNMENTS WITH STORMWA.T'ERPROGRAMS FOR NITROGEN CONTROL. Local governments that are required to have local stormwater programs pursuant to 15A NCAC 2B .0235 shall have two options for ensuring protection of riparian buffers on new developments within their jurisdictions as follows. (a) Obtain authority to implement, a local riparian buffer protection program pursuant to 15A NCAC 2B .0241. (b) Refrain from issuing local pproyals for new development projects unless either: (i) The person requesting the approval does not propose to impact the riparian buffer of a surface { '• \ 1 i II?UJJ L, ? 1 .? ?? /,u ' 1 II• \ //?? ?s-• I ;/ 61 \ f ? :I W' albs, z . 11 o o;; C Y - r4` 1- I ?... 1 ei n ,F 11 r. u ? I zso • ° r- - 3964 300 . d .((_ _;, •\ .500, _ (" LI / ?% 111 \I y \ lJ, I a4 3O F y.. III 1 • 17'30" S •, Z ?, zso r , 300 I II a J? ._ i ? ? _% 11 I q 3963 ?f t-r_- • '\,'! / , ?? '?, N /? o ut `'i = ??• as NF '• • II ( ' / ?. ? •?^? 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