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HomeMy WebLinkAbout20020435 Ver 1_COMPLETE FILE_20020325Re: Tardy Notice, MRO, WIRI WARD, 5/15/02 Subject: Re: Tardy Notice, MRO, WIRI, WARO, 5/15/02 Date: Thu, 16 May 2002 12:59:47 -0400 From: Bob Zarzecki <bob.zarzeck1@ncmail.net> Organization: Division of Water Quality; 401 Certification Unit To: "Deborah Sawyer (WaRO)" <Deborah.Sawyer@ncmai1.net>, "Tom Steffens (WaRO)" <Tom.Steffens@ncmail.net> CC: Cyndi Karoly <cyndi.karoly@ncmail.net> BCC: John Dorney <john.dorney@ncmail.net> Deborah & Tom: Please review and comment. Ocracoke Solid Waste Collection Site 020521 - This is the Major Variance that we've been working on. No need to respond. I'm still hoping to get their final draft by the end of the month. (nag, nag, nag). I'v returned the file to the Send to Region cabinet. Sisler 020426 - Lot 164 Brigand's Bay S/D, Frisco, Brooks Creek (SA); bulkhead / backfill (71 feet long; 0.016 acres wetlands, 0.003 acres public trust/estuarine waters); tie to existing bulkhead on Lot 163 (west), no existing bulkhead on lot 165 (east); ISSUE No Conditions if we don't hear from WaRO by tomorrow, Friday morning (5/17) Weyerhauser Pulp & Paper Division 020435 - Emergency Fire Water Intake Structure and associated pipeline (4,015 sf creek bottom and 1,813 sf of clearing (no grading/fill)); Warren Neck Creek (C Sw); ISSUE No Conditions if we don't hear from WaRO by Monday (5/20) I gave Sisler & Weyerhauser to Cyndi to write since no buffers. Thanks Cyndi! They're in your box. - Bob Cyndi Karoly wrote: Greetings Mike, Deborah, Tom and Joanne - The good news is there are no projects for MRO, WIRO, or WARO on the regular tracking notices for this week. The bad news is there are tardy projects for all three regions, listed on the attachment. The WaRO projects have been passed along to Bob Zarzecki. The WiRO project has been passed along to Danny Smith. I am retaining the MRO project in Todd's absence. Please advise when you've had a chance to do staff reports on these projects. We have a working fax machine now, so if any of you need file info, please let me know. Thanks! Name: Tardy Projects.doc Tardy Projects.doc Type: Microsoft Word Document (application/msword) Encoding: base64 Download Status: Not downloaded with message I of 2 5/16/02 1:05 PN J Ali ? NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary 22March 2002 MEMORANDUM TO: Mr. John R. Dorney, Environmental Biological Supervviis If Division of Water Quality - ?' MAR ? 5 FROM: Doug Huggett Major Permits Processing Coordinator ;'•'!'fl;,NDS GW'Ct1P SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Weyerhaeuser Company Pulp and Paper Division Project Location: Off Hwy 64 on the Highland Prong of Warren Neck Creek, a tributary of the Roanoke River, at the Weyerhaeuser Company Pulp and Paper Division in Martin County, near Plymouth, North Carolina. Proposed Project: Excavation of a basin in uplands and install a new water intake structure. Please indicate below your position or viewpoint on the proposed project and return this form by 4 April 2002 If you have any questions regarding the proposed project, please contact Steve Trowell at 252-946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date 943 Washington Square Mall, Washington, North Carolina 27889 Phone: 252-946-6481 \ FAX: 252-975-3716 \ Internet httpJ/dcm2.enr.state.nc.us An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Weyerhaeuser Company Pulp and Paper Division 2. LOCATION OF PROJECT SITE: Off HWY 64, on the Highland Prong of Warren Neck Creek, a tributary of the Roanoke River, at the Weyerhaeuser Company Pulp and Paper Division in Martin County, near Plymouth, North Carolina. Photo Index - 2000: 140-1601; H-4; 1995: N/A; 1989: 1-67-1; T-7; State Plane Coordinates - X: 2,654,100 Y: 778,375 Plymouth West Quad. (upper right corner) 3. INVESTIGATION TYPE: Dredge and Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 3/19/02 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received - 3/15/02 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - N/A Land Classification From LUP - N/A (B) AEC(s) Involved: EW (C) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: Existing - Wastewater Treatment Ponds Planned - N/A (F) Type of Structures: Existing - Emergency Fire Water Intake Structure Planned - A new water intake structure and associated pipeline. (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTNF.R 1,813 ft2 cleared (A) Vegetated 404 Wetlands of brush and trees, no elevation alteration (B) Non-Vegetated Wetlands 4,015 ft2 (Creek Bottom) (C) Other 1,790 ft2 1,345 ft2 Uplands (Upland Basin) (Basin floor/bottom) (D) Total Area Disturbed:.13 acre or ±5,805 ft2 (E) Primary Nursery Area: No (F) Water Classification: C-sw Open: NO 8. PROJECT SUMMARY: Applicant proposes to excavate a basin in uplands and install a new water intake stucture on the Highland Prong of Warren Neck Creek, a tributary of the Roanoke River, at the Weyerhaeuser Company Pulp and Paper Division in Martin County, near Plymouth, North Carolina. Weyerhaeuser Company Martin County Project Setting The project site is located on the Highland Prong of Warren Neck Creek, a tributary of the Roanoke River, at the Weyerhaeuser Company Pulp and Paper Division in Martin County off HWY 64, near the Town of Plymouth, North Carolina. The project site is part of a larger industrial site that serves as a pulp and paper mill situated on ±1,235 acres adjacent the Roanoke River. The industrial site is bordered on the up and downstream sides by tributaries to the Roanoke River, Welch Creek downstream and Warren Neck Creek upstream. The project site is located adjacent to the existing emergency fire water intake structure on the Highland Prong of Warren Neck Creek. The site is located ±500' upstream from the creek's confluence with the Roanoke River. The creek is approximately 150' wide at this location. A gravel road provides access to the site from the mill . This area of uplands is ±2' above the elevation of the normal water level of the creek and transitions on the up and downstream sides to a bottomland hardwood forest vegetated with bald cypress (Taxodiaceae distichum), sweet gum (Licquidambar styraciflua), black gum (Nvssa sylvatica), water tupelo (Nyssa rubrum) and red maple (Acer rubru m). The emergency fire water intake structure is situated on the upstream side of the uplands adjacent the creek. An area of uplands approximately 100' wide vegetated with upland grasses exist between the existing water intake structure and the wetlands on the downstream side. The area of wetlands on the downstream side is contiguous to the Roanoke River and extend some 2,150' downsteam to the heavily developed area of the mill site adjacent the Roanoke River. Warren Neck Creek is classified as C-sw by the Envirorunental Management Commission, is not open to shellfishing and is not classified by the Wildlife Commission and Marine Fisheries Commission. The Roanoke River is classified as Joint Waters by the Wildlife Commission and Marine Fisheries Commission and therefore Warren Neck Creek, per NCAC 3Q.0104, is classified as Joint Waters. Project Description The applicant proposes to construct a new water intake structure for use during periods of salt water migration up the Roanoke River that disrupt mill operations. Salinities above 75 ppm cause plant processes to be disrupted or shut down. The new water intake structure is proposed to be used during periods of saltwater intrusion to the current intake structure located on the Roanoke River. Currently the mill withdraws 80 million gallons per day (MGD), 40 MGD for non contact cooling and 40 MGD for mill processes. This new intake structure, when in use, will withdraw 40 MGD for mill processes other than non contact cooling. Three 14,000 gal/min, 500HP, electrically driven vertical pumps will be installed in the pump basin. Only two pumps are proposed to be used during operation, the third will serve as an online spare if one should fail. The intake velocity at the pump is designed to be 0.30 ft/sec. Weyerhaeuser Martin County Page Two The applicant proposes to excavate a pump basin 20' landward of the normal water level (NWL), 74' wide on the waterward side that tapers to 44' wide on the landward side (average 60' wide). The applicant proposes to drive temporary metal sheet pile offshore as well as the permanent metal sheet pile around the basin perimeter, dewater and excavate the interior. Excavation in the creek will occur from the T contour landward to a point approximately 20' landward of the NWL. Excavation of the pump basin interior will be to a depth of 10'. The water pumped from the interior (dewatering) will be pumped into a rock lined sump before it is allowed to sheet flow across adjacent wetlands at a low velocity back into the creek. All excavated material is to be trucked to an onsite landfill. The basin floor/bottom will be filled with 6" of no. 57 stone then covered with 12" of reinforced concrete. The three 500HP electric pumps will be installed on the landward side of the basin. Five 12' x 14' manual bar screens with 3/8" thick, vertical steel bars, placed 2" on center with and 5/8" clear space between the bars will be installed across the basin opening. A 36" diameter pipe 4,800' long will convey the water to the existing intake structure located on the Roanoke River. The first 3,400' of the pipeline will be HDPE pipe with the remaining 1,400 being carbon steel, The pipe route will follow an existing road adjacent a bottomland forest for approximately 2,150' were it will reach the industrial center of the plant adjacent the Roanoke River and continue above ground the remaining 2,650' to the existing intake structure. The pipe will be laid above ground along the road shoulder and wetland boundary. A 20' wide lane will be cleared with all vegetation cut flush with the ground. The HDPE pipe will flex laterally as much as 7' with temperature changes and from surges with initial start up. Pilings will be installed every 108' to contain the lateral movement of the pipe. Anticipated Impacts The project as proposed will result in some localized short term turbidity during the sheet pile installation and dewatering of the basin. The project will result in the excavation of 4,015 ft2 of creels bottom and 1,790 ft'- of uplands. Steve Trowell - Washington Regional Office - 22 March 2002 Permit Application Request to the NC Division of Coastal Management For Construction of A Pumping Intake Structure on Highland Prong of Warren Neck Creek (Tributary of the Roanoke River) Weyerhaeuser Company Pulp, Paper, and Packaging Facility Plymouth, North Carolina March 2002 Weyerhaeuser, Pulp, Paper and Packaging Facility Martin County, Plymouth, NC Permit Application to Construct Intake Structure on the Ilighland Prong of Warren Neck Creek C] AWeyerhaeuser The future is growing- 9 • March 11, 2002 Mr. Terry Moore NC Department of Environment and Natural Resources Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 PO Box 787 Plymouth NC 27962 Tel (252) 793 8111 Hand Delivered Subject: Application Request for a Permit to Construct a Pumping Intake Structure on Highland Prong of Warren Neck Creek - Weyerhaeuser Company Plymouth, Pulp, Paper and Packaging Facility Dear Mr. Moore: Enclosed you will find twenty-five complete copies of an application package requesting an "Excavation and Fill Permit" to allow construction of a pumping intake structure on the Highland Prong of Warren Neck Creek (WNC) at Weyerhaeuser's facility in Plymouth, NC. Each complete permit application copy contains the following elements: 1. A check in the amount of $250.00 as required by the DCM for processing permit applications (check is included with the enclosed top permit application package, the remaining 24 sets contain a copy of the check). 2. A completed set of the Division of Coastal Management Forms, DCM-MP-1 through 6. Only DCM-MP-1 (General Application), DCM-MP-2 (Excavation and Fill), and DCM-MP-3 (Upland Development) potentially apply to this project. 3. A "Permit Application Addendum" text which provides a narrative explanation of the project. 4. A list of alternative mitigation projects considered. 5. A site location map that shows the location of the intake structure and associated pipeline in relation to the mill facility, adjacent water bodies, riparian landowners, roads and other landmarks. 6. An aerial photograph of Weyerhaeuser's facility in Plymouth. 7. Copies of two notification letters to both the upstream and downstream riparian landowners with the certified mail receipts (originals of receipts are enclosed with the top permit application package, the remaining 24 sets contain copies of the receipts). 8. Copies of two "Stamped as Received" zoning, consistency determination requests, one to the Martin County Manager and one to the Zoning Administrator of the Town of Plymouth. 9. A copy of NPDES Permit No. # N00000680 10. Copies of the appropriate deed documents which prove Weyerhaeuser's ownership of the affected properties. 100 th (,??Aoniiwnvary h:\hardidr\saltwaterintrusion\PermitCovLet DCM. doe Page I of 2 Weyerhaeuser, Pulp, Paper and Packaging Facility - Martin County, Plymouth, NC Permit Application to Construct Intake Structure on the Highland Prong of Warren Neck Creek 11. Engineering drawings which detail both the plan and cross-sectional views of the project • (also provided in 11 x 17 and 8& 1 /2x 11 inch sizes): • 000-MO-105 • 125-SK-MO1 • 125-SK-M02 • 125-SK-M03 12. A completed "Professional Land Survey" by M`KIM&CREED of the affected project area which identifies, "as waters and wetlands all areas of waters and wetlands regulated pursuant to Section 404 of the Clean Water Act...", as signed by the Regulatory Project Manager for the US Army Corps of Engineers. 13. CD-ROM containing the electronic files of the engineering drawings (only one CD-ROM is provided with the original copy of the application). Should you have any questions regarding this application, or required additional information, please contact me by phone at (252)793-8611, by email at diane.hardisoncDweyerhaeuser.com or by postal mail. Sincerely, _ r CSC t'/j'1J(_ ?C , r K G-It Diane R. Hardison Environmental Project Engineer xc: Bracky Bickerstaff Paul Waff - Waff Contracting Jerry Coker David Haynes Dave McHenry Martin Lebo Michelle Cook Steve Levitas Charlie Douthwaite Edythe McKinny (NCDENR - Raleigh) I (print name) of the NC Department of Environment and Natural Resources, Division of Coastal Management, acknowledge that I received on (date) , twenty-five copies of Weyerhaeuser's application for a permit to construct a pumping intake structure on the Highland Prong of Warren Neck Creek. Signed • h:\hardidr\saltwaterintrusion\PermitCovl,etDCM.doc Page 2 of 2 C Wavarhnnimar rmmnanv_ Plvmn„th_ Nnrth rarnlinn VENDOR NUMBER CHECK NUMBER INVOICE REFERENCE INVOICE AMOUNT DISCOUNT OR OTHER DEDUCTION FREIGHT NET AMOUNT , 9995 29959 AMA Permi ts 250.00 250.00 • ;, it Winston- achovia Bank, N.A. Month Day Year 29959 A W Weyerhaeuser 66-908/531Salem, NC 2 12 2002 Plymouth, North Carolina PAY EXACTLY THE S L M x:: ?D.. ?? u,, .1.,11.,E i...,.?1,,,,,, (,n ?.. ,? . $ **250.00** TO THE MC Department of Environment & ORDER Natural Resources OF Division of Coastal Management Disbursement Account 943 Washington Square Mall Washington, NC 27889 Memo VOID IF NOT CASHED IN 60 DAYS BY I II' 2995911' x:0 5 3 109013 41: 8734 05745711' Form DCM-MP-1 • APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Weyerhaeuser Company_ Name: David Haynes c/o Weyerhaeuser Company Address: P.O. Box 787 City: Plymouth State: NC Zip: 27962 Day Phone: (252)793-8213 Fax: b. Authorized Agent: • Name: Diane Hardison Address: P.O. Box 787 City: Plymouth State: NC Zip: 27962 Day Phone: (252)793-8611 Fax c. Project name (if any): Pump Intake Structure and Pipeline on Highland Prong of Warren Neck Creek for Saltwater Intrusion AIMW-P-mif will no imiod in Homo nffandowner(s). and/or nroiect name. 2. LOCATION OF PROPOSED PROJECT a. County: Martin •b. City, town, community or landmark Plymouth, NC c. Street address or secondary road number NC 149 N d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Roanoke River, Warren Neck Creek Highland Prong 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Intake structure with pumping station on Warren Neck Creek Highland Prong with discharge pipeline routed on land to plant intake b. Is the proposed activity maintenance of an existing project, new work, or both? new work at an existing facility c. Will the project be for public, private or commercial use? Industrial/Private d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. See attached letter. Develop an alternative source of freshwater to augment the main plant intake during periods of low flow/high salinity in the Roanoke River. Seasonal use during periods of higher salinity at the main intake. WNCDCM MPlform Revised 03/95 Form DCM-MP-1 is 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract: 4939 b. Size of individual lot(s) Tract is not sub-divided c. Approximate elevation of tract above MHW or NWL +2' to +10' d. Soil type(s) and texture(s) of tract Sandy land, muck (wetlands) e. Vegetation on tract : Miscellaneous Hardwood, Cypress f. Man-made features now on tract: Pulp and Paper Mill, Shoreline Stabilization g. What is the CAMA Land Use Plan land classification • of the site? (Consult the local land use plan.) X Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local government? Heavy Industrial i. Is the proposed project consistent with the applicable zoning? X Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No 1. Are there wetlands on the site? X Yes _ No Coastal (marsh) Other If yes, has a delineation been conducted? Yes See attached (Attach documentation, if available) m. Describe existing wastewater treatment facilities. See attached on site wastewater treatment system NPDES Permit, Number N00000680 n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) Weyerhaeuser has a storm water system that collects runoff and wastewater. All waters are treated and properly discharged. 2150 LF of the project currently sheet flows storm water across wetlands. The remaining portion of this project is under a plant- wide storm water permit. o. Describe existing drinking water supply source. Deep wells located at Weyerhaeuser Mill. 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue-line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of WNCDCM Wiform Revised 03/95 Form DCM-MP-1 • Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Jerry Fagan Address 1664 Fagan Road, Jamesville, NC 27846 Phone 252-793-4956 Name John Thomas and Rexanne Harrison • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. Address c/o Diversified Wood Products P.O. Box 706 Plymouth, NC 27962 Phone 252-793-5907 36-98 DENR 3/25/98, 1/7/02 Renewal • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. guide agency personnel unfamiliar with the area to the 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the /,L day of 4« , 49- . Print Nat Signature Please indicate attachments pertaining to your proposed project. XX DCM MP-2 Excavation and Fill Information XX DCM MP-3 Upland Development DCM MP-4 Structures Information DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. WNCDCM MPlform Revised 03/95 Form DCM-MP-2 *EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Average Final Existing Project i.rnoth Width Denth Denth • Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Connectiorl to Intake Basin Intake Basin 30' 60' AVG 90' 20' -5' +2' -10' -10' WNCDCM_MP2form Revised 03/95 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards: 585 b. Type of material to be excavated: mixed rubble wood and muck (creek bottom) - clayey sand at intake basin c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes X No (creek bottom) d. Highground excavation in cubic yards: 750 Width Length Depth Basin = 600 cy High Ground = 150 cy 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area: approved on site landfill maintained by Weyerhaeuser b. Dimensions of disposal area: existing landfill Permit No. 94-01 c. Do you claim title to disposal area? X Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes No Form DCM-MP-2 *EXCAVATION AND FILL (Except bridges and culverts) If yes, where? Approved on site landfill i. Source of fill material: approved mine locally e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes X No f. Does the disposal include any area in the water? 4. OTHER FILL ACTIVITIES Yes X No (Excluding Shoreline Stabilization) 3. SHORELINE STABILIZATION • a. Type of shoreline stabilization X Bulkhead Riprap a. Will fill material be brought to site? X Yes No If yes, (1) Amount of material to be placed in the water None (2) Dimensions of fill area : N/A b. Length: 100 feet c. Average distance waterward of MHW or NWL 0 (3) Purpose of fill : N/A d. Maximum distance waterward of MHW or NWL 0 e. Shoreline erosion during preceding 12 months 0 (Source of information) b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes X No If yes, (1) Dimensions of fill area (2) Purpose of fill f. Type of bulkhead or riprap material steel sheet piling g. Amount of fill in cubic yards to be placed below water level (1) Riprap: 0 (2) Bulkhead backfill: 0 *h. Type of fill material: sand around pumping station on high ground WNCDCM_MP2f6rm Revised 03/95 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Sheet piling along creek bank in work area, silt fence and vegetation covering in accordance with the Sedimentation Erosion Control Plan Form DCM-MP-2 • b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Crane with clamb bucket and pile driver c. Will wetlands be crossed in transporting equipment to project site? X Yes No If yes, explain steps that will be taken to lessen environmental impacts.: Equipment crossing wetlands will be on timber matts. However, majority of pipeline will be installed from high ground. Weyerhaeuser Company, Warren Neck Creek/Hi hland Prong Pumping Intake Structure Applicant or Project Name David R. Havnes • is Signature Date -/ /Z ? z- WNCDCM MP2form Revised 03/95 Form DCM-MP-3 *UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed: Intake pumping station with pipeline b. Number of lots or parcels: N/A • c. Density (give the number of residential units and the units per acre): N/A d e f g h Size of area to be graded, filled or disturbed including roads, ditches, etc.: 1 Acre If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? X Yes No If yes, date submitted to be submitted List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. None Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built-upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. None Projects that require a CAMA Major Development WNCDCM MP3form Revised 03/95 Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? X Yes No If yes, date submitted: Permit No. NC5000189 i. Describe proposed method of sewage disposal. On site waste water treatment system, NPDES Permit No. N00000680 j. Have the facilities described in Item i. above received state or local approval? Yes (Attach appropriate documentation) k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). Sheet flow runoff into existing wetlands for 2150 LF. Remainder of project is under previous storm water permit. 1. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) On site deep wells m. Will water be impounded? If yes, how many acres? _ Yes X No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? Weyerhaeuser Company, Warren Neck Creek/Highland Prong Pumping Intake Structure Applicant or Project Name David R. Havnes?=si?? ---? > Signature Date Weyerhaeuser, Pulp, Paper and Packaging Facility - Plymouth, NC 03/11/02 Permit Application Addendum for Pumping Intake Structure on Highland Prong of Warren Neck Creek Summary of Project Weyerhaeuser proposes to construct a surface water intake structure on the Highland Prong portion of the Warren Neck Creek (WNC), which is a tributary to the Roanoke River, in Martin County, NC. Salt Water intrusion can extend to Weyerhaeuser's current Roanoke River (RR) intake structure during hurricanes, droughts and episodes of low river flows. Currently, Weyerhaeuser's facility in Plymouth cannot operate during periods of extended salt-water intrusion. Historically, such intrusions have typically occurred, intermittently, during the summer and fall months. However, the currently existing multiyear drought conditions of the upstream Kerr Reservoir and lower Roanoke River drainage basins resulted in lingering salt-water intrusion through the end of 2001 and persisting intrusion through January and February of 2002, to the present day (see sections, "Intermittent Use" and "Restricting Operating Dates", page 4 for further details). High chlorides from the salt water damage the equipment and processes. Under current operating conditions, chloride concentrations greater than 75 ppm (equivalent to a specific conductance of approximately 500 µmhos) cause the facility to curtail operations, alter procedures and shut down processes. Operation of the proposed intake will reduce equipment and process down time during salt intrusion episodes at the RR • intake. Weyerhaeuser requests that the NC Division of Coastal Management issue the company an "Excavation and Fill Permit" to allow construction of the WNC intake structure. This project will disturb a maximum of approximately one acre of land. Therefore, Weyerhaeuser is submitting a Sedimentation, Erosion Control plan to the NC Division of Land Management and an application for a Storm Water Permit for this project to the NC Division of Water Quality. Weyerhaeuser has also submitted an application to the US Army Corps of Engineers for a permit to construct the WNC structure and associated pipeline. Environmental Effect of Project The pump station, and pipeline construction and structures will have a minimal impact on wetlands and the waters of the State as described in the attached discussion. The footprint of the activities is very small and all construction activities can be done in a manner that results in minimal impacts to the environment. No permanent impacts to wetlands will occur as a result of this project other than the clearing of shrubs and the cutting of trees to ground level, along the path of where a 36-inch diameter pipeline will lay (see section, "Minimizing Impacts to Wetlands", page 5, for further details). Approximately 2150 linear feet of this area fringes on wetlands with the pipe crossing about 100 linear feet inside of the wetlands delineation boundary. The operation of the pump station, in Weyerhaeuser's judgment, will not cause any deterioration of environmental conditions in the Roanoke River system. Though Weyerhaeuser will ie construct the WNC intake stricture as permanent, the company will operate it on an intermittent basis, during periods of salt-water intrusion at the RR intake structure. 11:\hardidr\saltwater\PemiitAppIicationAddendumDCM.doc Page 1 of 6 Weyerhaeuser, Pulp, Paper and Packaging Facility - Plymouth, NC 03/11/02 Historically, these periods typically occur during the summer and fall months. Several • environmental benefits will occur when the WNC water intake is in operation: • water usage will not be increased, • water intake velocity will be significantly reduced from current operations, • actual use of the WNC facility will be infrequent and limited to avoid the most sensitive fish season (see section, "Restricting Operating Dates", page 4 for further details), and • since maintaining downstream RR flows will be less critical, the Army Corps of Engineers will have more water available upstream, in the reservoir system, to prepare for supporting the annual stripped bass spawning season. Mitigation Alternatives Considered Weyerhaeuser originally considered sixteen different solutions for mitigating the impacts of salt-water intrusion to the Plymouth facility. An attached table lists these alternatives which included, routing water from further up the RR to the mill via upland pipelines and or canals, desalinization systems, storage ponds, and water reserve purchases. Based on recent engineering, business and regulatory analyses and the current river flow management strategy, none of these alternatives proved to be feasible for one or more economic, environmental, scientific, or technical reasons. Mitigation Measures Currently Implemented Learnings from the 1999 and 2000/2001 salt intrusion events enabled Weyerhaeuser to develop and implement several successful mitigation strategies to help manage and protect mill operations. These include: • Implemented rigorous river monitoring of salt wedge location and movement (including boat trips and a network of instream instrumentation) • Developed effective Standard Operating Procedures (SOP) to extend the window of operating time during salt intrusion events. • Modifed RR intake structure to draw the freshest water from the surface level • Built resource tools for predicting river flow and salt movement (river modeling) • Initiated water conservation projects (reductions of approximately 4 MGD in surface water usage) Technical Description of Intake Structure The WNC intake structure will have a capacity for withdrawing up to 40 MGD for uses other than non-contact cooling. Withdrawal to provide for the remaining water needs of the facility will continue to come from the RR intake structure (approximately 40 MGD for non-contact cooling). The intake structure will consist of the following: • A total upland excavation of 750 yd3 (1790 ft2 ). • A total creek bed excavation of 585 yd3 (4015 ft2 ). • A total shallow water habitat (less than 6-ft contour depth) excavation of 420 yd3 (1570 ft). H:\hardidr\saltwater\PermitApplication Ad(lend umhCM.doc Page 2 of 6 Weyerhaeuser, Pulp, Paper and Packaging Facility - Plymouth, NC 03/11/02 • Three, 14,000 gal/min, 500 HP, electrically driven, vertical pumps (Only two of • which will operate at one time. The third pump will serve as an online spare). • A 12-ft high by 70-ft long manual bar screen, consisting of 3/8-inch thick, vertical steel bars, placed 2 inches on center, with 1 and 5/8 inches of clear space between the bars. • A 4800 foot long, 36-inch diameter pipeline, 3400 feet of which is HDPE material, and the remaining 1400 feet is carbon steel • 10-foot high, light fixtures, mounted on stanchions attached to the chain link fence around the intake structure. • 200 linear feet of safety fencing around the intake structure. Minimizing Environmental Impacts of WNC Intake Structure • Low Intake Approach Velocity at the WNC Intake Structure - The intake approach velocity is designed to be 0.3 ft/sec to minimize entrainment of juvenile and adult fish. This velocity is 40 % lower than the 0.5 ft/sec velocity required in the recently finalized EPA rules for new cooling water intake structures (Track 1 option, 40 CFR Parts 9, and 122). Available data on sustainable swimming capabilities of juvenile fishes' potentially occurring in WNC and on the size ranges of juvenile fishes observed in the RR and western Albemarle Sound from summer to fall2 suggest that entrainment of these small fishes by the WNC intake will not be substantial. • Low RR Velocity Into WNC - During times when the WNC intake is pumping, the • maximum calculated velocity of the RR into the creek is 0.027 ft/sec for the full water column and 0.049 ft/sec for the surface layer. These calculations are conservatively high in that they assume that no water is supplied by the Highland Prong of the creek, which is known to have deep springs that have a continuous discharge. The exchange velocities of the RR into the creek are substantially lower than the approach velocity of the WNC intake structure and will minimize entrainment of juvenile fish from the RR into the creek. a Lower Intake Velocity Into the Existing RR Intake Structure - When the WNC intake is operating, the existing RR intake flow and velocity will be reduced by 50%. The lower velocity will reduce the impacts from the existing intake. 0 Creek Water Elevation - Operation of the WNC intake is not expected to cause dewatering of habitats in the WNC system since inflow from the RR should be sufficient to maintain water levels. Screens - EPA is currently developing regulations for minimizing the environmental impact of existing cooling water intake structures. At present, there are no applicable regulatory criteria for designing intake screens for existing facilities. We expect these rules to be finalized during the next three to five years. As future regulations '(Kerr 1953, as cited by Setzler et al 1980; Farlinger and Beamish 1977; Hetler 1977; Hartwell and Otto 1978; Buckley et al 1985; Kolok 1991) '(Winslow and Rawls 1992; Batsavage and Rulifson 1998; Cooper et al 1998, Kornegay personal communication July 14, 1999; NCWRC unpubl. data July 28, 1999) • 11:\hardidr\saltwater\PcrmitAppli cation Addcnduml)CM.doc Page 3 of 6 Weyerhaeuser, Pulp, Paper and Packaging Facility - Plymouth, NC 03/11/02 are finalized, Weyerhaeuser will review the body of available and pertinent literature, as appropriate, to evaluate potential screening options. • Fish Population Studies - Weyerhaeuser is currently working with East Carolina University on a larval and juvenile fish study on the RR. As part of the WNC intake project, we agree to expand the scope of the study to include the Highland Prong of the WNC system (through verbal communication with Weyerhaeuser on January 31, 2002, Dr. Roger A. Rulifson, {Professor/Senior Scientist at East Carolina University, Biology Department, Institute for Coastal Marine Resources} indicated agreement with this sampling location). Weyerhaeuser will make these study results available to the State and Federal regulatory and resource agencies as requested. • Intermittent Use - Weyerhaeuser expects the use of the WNC intake to be intermittent during salt intrusion episodes at the RR intake. Based on historical data, salt intrusion at the RR intake occurs only during a few years out of every decade and typically during the summer and fall months. On average, during a salt event year, Weyerhaeuser estimates the potential use of the WNC intake to be 10 - 30 days a year and typically for several days at a time. • Restricting Operating Dates - From April 1St through June 1St of every year, Weyerhaeuser agrees not to operate the WNC intake structure without the approval of the NC Department of Environment and Natural Resources. This period represents the critical fish spawning and larval development seasons identified for the RR. Peak abundance of larval striped bass in 1990 and 1991 in the lower Roanoke River occurred in May.3 Furthermore, most larval fishes sampled in spring 2001 during the Weyerhaeuser sponsored Roanoke River study with East Carolina University were • captured before June.4 • Upland Construction of Intake - Weyerhaeuser plans to construct the intake structure into the upland bank. This type of construction minimizes the area of the creek bed affected by the project. Excavation contributing to loss of shallow water habitat equals approximately 420 yd3 (1570 ft2) (see drawings and permit application forms). • Aesthetics - The profile of the WNC structure will not be highly visible from the RR. Weyerhaeuser will make use of as many naturally colored construction materials as possible (ex. natural colored fencing). Further, we will preserve the natural tree line already existing between the intake and the RR. • Influence On Salt Movement up the RR - The withdrawal of 40 MGD from the WNC will have minimal influence on the migration of salt up the RR (between the RR intake and the mouth of WNC). This withdrawal would make up less than 3% of the total RR flow, (in that section of river) during low flow periods (2000 cfs). The potential effect of the relocated withdrawal on the physical forces acting on salt movement in the river would be limited to the reach between the WNC and RR intakes. In addition, because the withdrawn water will be returned to the river at the normal discharge points, thus reconstituting the full river flow as it is under the current intake configuration, the physical forces in the downstream river reach will not be affected. Intrusion of salt into the river and its migration upstream is controlled by overall river flow and short-term wind tides. 0 ' J (Rulifson et all 1993) (unpubl. data) 11:\hardidr\saltwater\PermitApplicationAddcndumDCM.doc Page 4 of 6 Weyerhaeuser, Pulp, Paper and Packaging Facility - Plymouth, NC 03/11/02 • Lights - Weyerhaeuser will install colored, shielded lights on the WNC intake structure, to be operated only when needed for safety by plant personnel. The lights will be cast downward (not over the water) and the color will be chosen to minimize the attraction of fish to the structure by the lights. Future Mitigation Measures Cooling Tower - Weyerhaeuser's long range business plans include the construction of a cooling tower to eliminate or greatly reduce the use of non-contact cooling water withdrawal. We estimate this will reduce RR water withdrawals by 50% (approximately 40 MGD). Upstream Water Reserves - Weyerhaeuser will continue to pursue the possibility of purchasing water reserves in the upstream Kerr Reservoir system. Process Water Reductions - Weyerhaeuser's long range business plans include projects to further reduce process water usage by another 4 MGD. Minimizing Impacts to Wetlands A 4800-foot long, 36-inch diameter pipe will route the WNC water to the RR intake location. The pipe will extend from the WNC intake location, between the existing hog fuel pile and the RR, along the northern boundary of the plant site (see attached drawing). Approximately 3400 feet of this pipeline will consist of High-Density Polyethylene (HDPE) material. The HDPE pipe will flex laterally due to temperature changes and 10 surges with initial startups. Weyerhaeuser will position the centerline of this pipe on high ground, outside of the wetlands delineation boundary, except for one crossing of approximately 100 linear feet. However, engineering judgment predicts that the pipe could flex up to 7 feet (snake along the centerline) and therefore, possibly slide just inside the wetlands boundary on occasion. Weyerhaeuser calculates that the maximum amount of wetlands area into which the pipeline could potentially infringe equals approximately 1813 ft2 . Pilings will be spaced along the pipeline at 108-foot intervals. We expect to locate no more than five pilings inside of the wetland delineation boundary. Weyerhaeuser will need to make minimal preparations to the land over which the pipeline will extend. This will include clearing brush and cutting trees to ground level and will not result in any disturbance to the natural wetland elevations and contours. We will not disturb any soils inside of the wetland delineation boundary as part of this preparation. These activities will not result in any permanent impacts to the wetlands. References: Batsavage, C.F. and R.A. Rulifson. 1998. Life history aspects of the hickory shad (Alosa mediocris) in the Albemarle Sound/Roanoke River watershed, North Carolina. Completion Report for Project M6057. North Carolina Department of Environment, Health and Natural Resources, Division of Marine Fisheries. Institute of Coastal and Marine Resources Contribution Series, No. ICMR-98-02. ll:\hardidr\saltwater\PermitApplicationAddendumDCM.doc Page 5 of 6 Weyerhaeuser, Pulp, Paper and Packaging Facility - Plymouth, NC 03/11/02 Buckley, L.J., T.A. Halavik, G.C Laurence, S.J. Hamilton, and P. Yevich. 1985. Comparative swimming stamina, biochemical composition, backbone mechanical properties, and histopathology of juvenile striped bass from rivers and hatcheries of the eastern United States. Transactions of the American Fisheries Society 114:114- 124. Cooper, J.E., R.A. Rulifson, J.J. Isley, and S.A. Winslow. 1998 Food habits and growth of juvenile striped bass, Morone saxatilis, in Albemarle Sound, North Carolina. Estuaries 21:307-317. Environmental Protection Agency (EPA). 2001. National Pollutant Discharge Elimination System: Regulations Addressing Cooling Water Intake Structures for New Facilities. Final Rule, 40 CFR Parts 9, 122, 123, 124, and 125. Farlinger, S. and W.H. Beamish. 1977. Effects of time and velocity increments in the critical swimming speed of largemouth bass (Micropterus salmoides). Transactions of the American Fisheries Society 106:436-439. Hartwell, S.I. and R.G. Otto. 1978. Swimming performance of juvenile menhaden (Brevoortia tyrannus). Transactions of the American Fisheries Society 107:793-798. Hettler, W.F. Swimming speeds of juvenile estuarine fish in a circular flume. Proceedings of the Southeastern Association of Fish and Wildlife Agencies. 31:392- 398. Kerr, J.E. 1953. Studies on fish preservation at the Contra Costa steam plant of the Pacific Gas and Electric Company. California Department of Fish and Game, Fish Bull. 92, 66pp. Kolok, A.S. Photoperiod alters the critical swimming speed of juvenile largemouth bass, Micropterus salmoides, acclimated to cold water. Copeia 1991:1085-1090. Rulifson, R.A., J.E. Cooper, and S.F. Wood. 1993. Larval striped bass abundance in the Lower Roanoke River, Delta, and Western Albemarle Sound, 1990-1991. pp. 242- 252. In Rulifson, R.A. and C.S. Manooch, III (eds.). 1993 Roanoke River Water Flow Committee Report for 1991-1993. Albemarle-Pamlico Estuarine Study, Raleigh, NC, Project No. APES 93-18. Setzler, E.M., W.R. Boyton, K.V. Wood, H.H. Zion, L. Lubbers, N.H. Mountford, P. Frere, L. Tucker, and J.A. Mihursky. 1980. Synopsis of Biological Data on striped bass, Morone saxatilis (Walbaum). NOAA Technical Report NMFS Circular 433, U.S. Department of Commerce, National Oceanic and Atmospheric Administration, National Marine Fisheries Service. Winslow S.E. and K.B. Rawls. 1992. North Carolina Alosid Management Program. Completion Report for Project AFC-36, segments 1-3. North Carolina Department of Environment, Health and Natural Resources, Division of Marine Fisheries, Morehead City, NC. 11 I?:\hardidr\saltwater\PermitApplicationAddcndLlmDCM.doc Page 6 of 6 f sa I m CL a T a N a co v N Iv m v N' v m v N a) ] N C O N. "X 2 O .0 x X! 0. O. N m N m N N as m a m n m a: m, a' m d 0) E 2 N E m i O v Q' O rn N c v d a T 2, n T? a T' a a; T t I10 j C Q m U >,Op 3. U. ] Or N UiiI ?yl , i 1 N E; im > ;N > ?N > N : (N> ! , `N , L Lu' E' i.2 E 2 t j G U) Y M 0 N W 5 o, >' a 0, 10. E o a! E y E 1:L E E EI ' ? ` I? i'V d ? ,'_ C O c N a E' N. of s r ?; N rnl p O IN T f0 V a C p ? ?, _ + (p O o + tD O O + (O O O +i if0 O O i+ ?(p O O N j, T A ' O . k I? v a CL, °) j •O, c Q t5; a' `M o ICS ! € ,N ?c N r- -NI - N? c. 1NI Ic iM •?. Im a 00 n N -' a E ?2i;! 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Weyerhaeuser, Pulp, Paper and Packaging Facility - Martin County, Plymouth, NC Adjacent Landowner Notification of Construction of Intake Structure on the Highland Prong of Warren Neck Creek PO Box 787 Plymouth NC 27962 l (252) 7 3 8111 A Weyerhaeuser Te • The future is growing" E March 11, 2002 Mr. Jerry Fagan 1664 Fagan Road Jamesville, NC 27846 Certified Mail Return Recent Requested Subject: Notification to Adjacent Riparian Landowners of Weyerhaeuser's Application to The Division of Coastal Management for a Permit to Construct a Pumping Intake Structure on the Highland Prong of the Warren Neck Creek System Dear Mr. Fagan: This correspondence serves to notify you as an adjacent riparian landowner that Weyerhaeuser Company plans to construct a surface water withdrawal, pumping intake structure on the Highland Prong of the Warren Neck Creek System, on Weyerhaeuser's property, located at the Plymouth Pulp, Paper and Packaging facility in Martin County. The attached location map depicts the proposed construction. You will also find attached a copy of the complete permit application to the Division of Coastal Management. Should you have no objections to the proposed construction, please check the appropriate statement at the bottom of this letter, sign, date, and return it in the enclosed, self addressed and stamped envelope, as soon as possible to: Steve Trowell NC DENR - Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Should you have objections to this proposal, please send your written comments to: Mr. Terry Moore NC Division of Coastal Management, 943 Washington Square Mall Washington, NC 27889 • h:\hardidr\saltintrusion\noticetolandownersupstream.doc /00th ,?2rmnnhvrwry Page 1 of 2 Weyerhaeuser, Pulp, Paper and Packaging Facility - Martin County, Plymouth, NC Adjacent Landowner Notification of Construction of Intake Structure on the Highland Prong of Warren Neck Creek Written comments must be received by the Division of Coastal Management within 30 days of receipt of this notice. No response within 30 dam of receipt of this correspondence will be interpreted as no objection. Sincerely, Diane R. Hardison Environmental Project Engineer xc: Steve Trowell - NCDENR David Haynes Terry Moore - NCDENR Jerry Coker Paul Waff - Waff Contracting Bracky Bickerstaff Charlie Douthwaite 0 I have no objections to the proposed project as described in this correspondence. 0 I have objections to the project as presently proposed and have enclosed comments. • h:\hardidr\saltintrusion\nodcetolandownersupstream.doc Page 2 Of 2 Weyerhaeuser, Pulp, Paper and Packaging Facility - Martin County, Plymouth, NC Adjacent Landowner Notification of Construction of Intake Structure on the Highland Prong of Warren Neck Creek AWeyerhaeuser The future is growing" March 11, 2002 John Thomas and Rexanne Harrison c/o Diversified Wood Products P.O. Box 706 Plymouth, NC 27962 PO Box 787 Plymouth NC 27962 Tel 12521193 8111 Certified Mail Return Receipt Requested Subject: Notification to Adjacent Riparian Landowners of Weyerhaeuser's Application to The Division of Coastal Management for a Permit to Construct a Pumping Intake Structure on the Highland Prong of the Warren Neck Creek System Dear Mr. Harrison: • This correspondence serves to notify you as an adjacent riparian landowner that Weyerhaeuser Company plans to construct a surface water withdrawal, pumping intake structure on the Highland Prong of the Warren Neck Creek System, on Weyerhaeuser's property, located at the Plymouth Pulp, Paper and Packaging facility in Martin County. The attached location map depicts the proposed construction. You will also find attached a copy of the complete permit application to the Division of Coastal Management. Should you have no objections to the proposed construction, please check the appropriate statement at the bottom of this letter, sign, date, and return it in the enclosed, self addressed and stamped envelope, as soon as possible to: Steve Trowell NC DENR - Division of Coastal Management 943 Washington Square Mall Washington, NC 27889 Should you have objections to this proposal, please send your written comments to: Mr. Terry Moore NC Division of Coastal Management, 943 Washington Square Mall Washington, NC 27889 • h:\hardi dr\sal tintrusion\noti cetolandownersdo wn stream.doc 100th ( i4imbvrsawt Pa 1 of 2 Weyerhaeuser, Pulp, Paper and Packaging Facility - Martin County, Plymouth, NC Adjacent Landowner Notification of Construction of Intake Structure on the Highland Prong of Warren Neck Creek Written comments must be received by the Division of Coastal Management within 30 days of receipt of this notice. No response within 30 davs of receipt of this correspondence will be interpreted as no objection. Sincerely, Diane R. Hardison Environmental Project Engineer xc: Steve Trowell - NCDENR David Haynes Terry Moore - NCDENR Jerry Coker Paul Waff - Waff Contracting • Bracky Bickerstaff Charlie Douthwaite = I have no objections to the proposed project as described in this correspondence. = I have objections to the project as presently proposed and have enclosed comments. • h:\hardidr\saltintrusion\noticetolandownersdownstream.doc Page 2 Of 2 • U) O W W' n s N O O N y ? Z 3 3 N m i? 0 N ON mP 3 M 't7 N N b A A ?I , n o w 3 3 Q V o D' J r'C. D 7 J k- a N C W U7. g Sm 37 M Co V y?- rte a a D N N ,cam J ?`-' ? o (n p D 00) 3 cL ON Q?°-< a y M w 0 a m C 1:2 P m in o ao rn D 50 ' m o 3_CD 3- N N ?. A 3 N ? p n CD W 0 M!, ?. W N ry!i ? ?. W O c v N ? D w L D. 0 C W qa (D m w ra ti M mr 3e?r czr? Postage $ U T H Certified Fee .??p Po" Pik N ? Return Receipt Fee (Endorsement Required) a J tp O R i d i F ?p4 °' C3 estr cte Del very ee (Endorsement Required) 2 [=3 Total Postage & Fees $ ' ?SPS rLJ M Name (P/ se Print Clear/y)P be completed by mailer) ,r!! m -- ------ ?------ --- ----+ -? ----------------------------------------- - 0 o- °' Street, A t. No. or Po Box No. ?EOL 4 ^ M1 ----- a ? - l? --- ---- ------------------------- I State, ZIP+ 4 /) ?1 ?j r? l• .1 1 PS Form :3800, July 1999 Se e Reverse for Instructions ?Yy 77 3r ~ ,..p Postage $ M I' U Certified Fee Return Receipt Fee Jul ' Postmark (Endorsement Required) 2 O Restricted Delivery Fee M (Endorsement Required) Total Postage & Fees $ 7 3 I'Ll 1 rU Name (Pleps r/nt Clearly) (To be completed by m Pr) 1 Ih A ni.rvr n L ?Gd i? rf vl i7 r? 0-. ?ry sra?, zrP? 4?n1„ pl t UA. j 1/' '?-tom /_ a • • A Weyerhaeuser The future is growing" March 12, 2001 Mr. Donnie Pittman Martin County Manager P.O. Box 668 Williamston, NC 27892 PO Box 787 Plymouth NC 27962 Tel (252) 793 8111 Certi ted Mail Return Receipt Requested Subject: Request for Determination of Zoning Consistency for the Construction of a Pumping Intake Structure on the Highland Prong of the Warren Neck Creek System - Weyeraheuser Company, Plymouth, Pulp, Paper and Packaging Facility Dear Mr. Pittman: Weyerhaeuser Company is applying to the Division of Coastal Management (DCM) for a permit to construct a surface-water, pumping intake structure on the Highland Prong of the Warren Neck Creek system. This structure will be located on Weyerhaeuser's property at the Plymouth, Pulp, Paper and Packaging facility in Martin County. The attached location map depicts the proposed construction. The DCM permitting procedures include reviewing the consistency of proposed projects with applicable zoning ordinances. Accordingly, Weyerhaeuser requests that you provide to us a written determination as to the consistency of our proposed intake structure with any zoning ordinances presently in effect. I have attached with this request a copy of Weyerhaeuser's permit application to the DCM. If there are no applicable zoning or subdivision ordinances, please provide a statement to that effect. If applicable, please also provide a "Zoning Compliance Certificate". Should you have any questions concerning this request, please contact me at (252) 793-8611. Sincerely, ?D Diane R. Hardison Environmental Project Engineer xc: Steve Trowell - NCDENR David Haynes Terry Moore - NCDENR Jerry Coker Paul Waff - Waff Contracting h:\hardidr\sal tintrusion\MartinCountyZoni ngCon s istency.doc ???GEIVFO ?? MAR 13 2002 Bracky Bickerstaff Charlie Douthwaite /00 th oyn,nh.n ry Page 1 of 1 A Weyerhaeuser • The future is growing" PO Box 787 Plymouth NC 27962 Tel (252) 793 8111 March 12, 2001 Zoning Administrator P.O. Box 806 Plymouth, NC 27962 Certified 311ail Return Receipt Requested Subject: Request for Determination of Zoning Consistency for the Construction of a Pumping Intake Structure on the Highland Prong of the Warren Neck Creek System - Weyeraheuser Company, Plymouth, Pulp, Paper and Packaging Facility Dear Sir: Weyerhaeuser Company is applying to the Division of Coastal Management (DCM) for a permit to construct a surface-water, pumping intake structure on the Highland Prong of the Warren Neck Creek system. This structure will be located on Weyerhaeuser's property at the Plymouth, Pulp, Paper and Packaging facility in Martin County. The attached location map depicts the proposed construction. The DCM permitting procedures include reviewing the consistency of proposed projects with applicable zoning ordinances. • Accordingly, Weyerhaeuser requests that you provide to us a written determination as to the consistency of our proposed intake structure with any zoning ordinances presently in effect. have attached with. this request a copy of Weyerhaeuser's permit application to the DCM. If there are no applicable zoning or subdivision ordinances, please provide a statement to that effect. If applicable, please also provide a "Zoning Compliance Certificate". Should you have any questions concerning this request, please contact me at (252) 793-8611. Sincerely, Diane R. Hardison Environmental Project Engineer • xc: Steve Trowell - NCDENR David Haynes Terry Moore - NCDENR Jerry Coker Paul Waff - Waff Contracting h:\ hard idr\saItintrusion\PIymouthTownZonineConsistency.doc YIAR 2?2 _. RECEIVED ^'\ MART1 NAGER? Bracky Bickerstaff Charlie Douthwaite 100' Page l of l State of North Carolina Qepartment of Environment, Health and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director Mr. Joseph W. Kloeker Environmental Director Weyerhaeuser Company P. O. Box 787 Plymouth, North Carolina 27962 Dear Mr. Kloeker: A M1.9AA 14?ja C) EHNR C6; ToAlN AirGN?igD a1A4 jars m June 20, 1997 snB LAW AD ;r1A*1F6-Sd1V j-'eR,y 4xxx - y a"4v twA,,,o Bxyi9.vT a?-7v g iY 5?.?yE !?loioaK - New 6?,qy Subject: NPDES Permit Issuance Permit No. NC0000680 Plymouth Facility / Martin County In accordance with the application for discharge permit received on November 27, 1996, the Division is forwarding herewith the subject state - NPDES permit. This permit is issued pursuant to the requirements of North Carolina General Statute 143-215.1 and the Memorandum of Agreement between North Carolina and the U.S. Environmental Protection Agency dated December 6, 1983. In response to your comments regarding the draft NPDES permit received on May 19, 1997, the Division offers the following: • The two primary settling ponds have been listed before the aeration basin on the Supplement to Permit Cover Page to more accurately reflect the actual treatment process. • The description of outfall 005 has been changed on the Supplement to Permit Cover Page to more accurately describe the actual content of that outfall. • The flow listed on the map has been identified as that flow coming from outfall 001 so as to eliminate any confusion. • A request for a change in the definition of "summer" and "winter" amounts to a request for a variance from federal guidelines. A variance can be granted only upon request to, and subsequent approval from the Environmental Management Commission. • The daily measurement frequency is defined as 5 days per calendar week in the North Carolina Administrative Code 213 .0503 (5) regulations. • Conductivity monitoring in the receiving stream has been installed as it is a low cost, easily implemented method of evaluating the general condition of the receiving stream. Conductivity monitoring is commonly required of industrial dicharges throughout the state of North Carolina as a general measurement of inorganic pollution. • The instream sampling language designated as item A (8) in the permit has been modified per your request with the exception of the requested clarification of the 4.0 mg/L DO threshold. The 4.0 mg/L P.O. Box 29535, Raleigh, North Carolina 27626-0535 Telephone 919-733-5083 FAX 919-733-0719 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post-consumer paper • DO threshold is not meant to be a stratified average. For the purposes of this permit, the instream sampling requirements imposed by the aforementioned threshold will be implemented if any of the collected DO samples in the water column are at or below 4.0 mg/L. • The last paragraph of item A (9), Dioxin Monitoring, has been modified for clarity. You are correct in noting that as the "effluent" for dioxin is considered the influent to the treatment system, the previous language offered redundancy. The influent requirement has subsequently been removed from the last paragraph of this condition as it is already required on the effluent page. If any parts, measurement frequencies or sampling requirements contained in this permit are unacceptable to you, you have the right to an adjudicatory hearing upon written request within thirty (30) days following receipt of this letter. 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, Post Office Drawer 27447, Raleigh, North Carolina 276 1 1-7447. Unless such a demand is made, this permit shall be final and binding. Please take notice that this permit is not transferable. Part II, EA. addresses the requirements to be followed in case of change in ownership or control of this discharge. This permit does not affect the legal requirements to obtain other permits which may be required by the Division of Water Quality or permits required by the Division of Land Resources, Coastal Area Management Act, or any other Federal or Local governmental permits may be required. If you have any questions or need additional information, please contact Mr. Mark McIntire, telephone number (919) 733-5083, extension 553. • cc: Central Files Mr. Roosevelt Childress, EPA Washington Regional Office, Water Quality Permits and Engineering Unit Facility Assessment Unit Aquatic Survey and Toxicology Unit Sincerely, Preston Howard, Jr., P.E. 0 • Permit No. N00000680 STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES DIVISION OF WATER QUALITY PERMIT TO DISCHARGE WASTEWATER UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, Weyerhaeuser Paper Company is hereby authorized to discharge wastewater from a facility located at • Plymouth Facility on NCSR 1565 Martin County to receiving waters designated as the Roanoke River in the Roanoke River Basin in accordance with effluent limitations, monitoring requirements, and other conditions set forth in Parts I, II, III and IV hereof. This permit shall become effective August 1, 1997 This permit and authorization to discharge shall expire at midnight on May 31, 2002 Signed this day June 20, 1997 A. Preston Howard, Jr., Ft/E., Director Division of Water Quality By Authority of the Environmental Management Commission 0 0 Permit No. NCO000680 SUPPLEMENT TO PERMIT COVER SHEET Weyerhaeuser Paper Company Plymouth Facility is hereby authorized to: Continue to operate existing treatment facilities (outfall 001) consisting of two primary settling ponds with a total area of 71.3 acres, a 72 acre aeration pond, two retention ponds containing a total of 292.5 acres and sludge ponds, discharge non- contact turbine cooling water (outfall 002) and discharge stormwater runoff and, during rain events exceeding 3.8"/day (0.16"/hr), ice maker drain water, non- contact air conditioning cooling water, and non-contact drip pan water (outfall005), from Weyerhaeuser's Plymouth Facility located on NCSR 1565, Martin County (See Part III of this Permit), and 2. Discharge from said treatment works at the locations specified on the attached map into the Roanoke River which is classified C-Swamp waters in the Roanoke River Basin. • r 1 RIV --A§LuAma Kr :- Iwr- C'o 1 / ° Q. i wF iIN T I l low - - ^ IJ - . M PIymouZ-01'\' 'iGotf 23 -cGwse i p? ?? rn n n1 ••• mot?tli•'' k" C) Cl) VDUSTRIAL O (p :\•? ?ubsta /? be PONDS ?0? ?• '- Q j tq Cp .t J S n?pit\ 4 COAST \ ?! -- ?? I 11?341J - Grace •? oRed19Tower AV .??Saadplt x _ f?? I ?? \'33` z ver 741 .. SafR}pits O ? .. _ - ytv B A 26 N 71, ROAD CLASSIFICATION SCALE 1:24 000 PRIMARY HIGHWAY LIGHT-DUTY ROAD, HARD OR 0 1 MILE HARD SURFACE IMPROVED SURFACE SECONDARY HIGHWAY 0 7000 FEET HARD SURFACE UNIMPROVED ROAD = _ _ ---- - --- ---- - 1 0 1 KILOMETER Latitude see above Longitude see above Map # D31NE Sub-basin 03-02-09 Stream Class C-Swamp I Discharge Class 100 ON, Industrial _ Receiving Stream The Roanoke River Design Q 5j.0 MGD 1001) Permit expires 5/ 3 1 / 02 QUAD LOCATION Weyerhaeuser Co. 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O O ;- N • x .0p fl.'4) - U Q Ca Z ?n U- rn c ? ~ co a) W cE (d w al oC E a) a) w N? ?v O O " Ir C 0O -00 (1) E Z '0 0 U. 0 N ? N N Z W- ?E E (A C N Z 0.0 0 _0)cC Q C L F- c m ? 0) O N F- '0 IZ C U J n. a W (n rn 70 Q ? O N) a) O Z c aD .0 E aci D j W _ o ) a) aci J co c Q ) C ? .0 C (d O o _ O J 00 v (V c co Y E ? N O j O E a) 0 u ) O L N : _ (E? W 3 c rn w c_ d c 0 O j U ? U L ? C 1 ? .L-• .0 • J O U O N ? (a T c C c 0) E cli c a ) 1 L c O o Cl) cu 3 in 0) o I C ai O U c 7 U' 1 N N ? ` a) ? cC I O O ate) rn 0 v c c co c N I ca !n .N- i .c _ ? a) 1 7 N O - y 1 U C O ?o a in O c O C cr) ca (p N O > N "0 7 a T E c ca ` O N Cl) O :5 t 0) W N X N 0 a W N O O C a) N C ? O O d O O N a) O co 5 O C ? 7 iU O O" c - O ca cO W - a) o 4) D c N N a) N E E E a) d C a) E O `uai 3 O ??- . CL -Cu . a) E N (7 V' _ L r +) Permit No. N00000680 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS A (4). CHRONIC TOXICITY PASS/FAIL PERMIT LIMIT (QUARTERLY) The effluent discharge shall at no time exhibit chronic toxicity using test procedures outlined in the "North Carolina Ceriodaphnia Chronic Effluent Bioassay Procedure," Revised November 1995, or subsequent versions. The effluent concentration at which there may be no observable inhibition of reproduction or significant mortality is 6.8% (defined as treatment two in the procedure document). The permit holder shall perform quarterly monitoring using this procedure to establish compliance with the permit condition. The tests will be performed during the months of February, May, August and November. Effluent sampling for this testing shall be performed at the NPDES permitted final effluent discharge below all treatment processes. All toxicity testing results required as part of this permit condition will be entered on the Effluent Discharge Monitoring Form (MR-1) for the month in which it was performed, using the parameter code TGP3B. Additionally, DWQ Form AT-1 (original) is to be sent to the following address: Attention: Environmental Sciences Branch North Carolina Division of Water Quality 4401 Reedy Creek Rd. • Raleigh, N.C. 27607 Test data shall be complete and accurate and include all supporting chemical/physical measurements performed in association with the toxicity tests, as well as all dose/response data. Total residual chlorine of the effluent toxicity sample must be measured and reported if chlorine is employed for disinfection of the waste stream. Should there be no discharge of flow from the facility during a month in which toxicity monitoring is required, the permittee will complete the information located at the top of the aquatic toxicity (AT) test form indicating the facility name, permit number, pipe number, county, and the month/year of the report with the notation of "No Flow" in the comment area of the form. The report shall be submitted to the Environmental Sciences Branch at the address cited above. Should any single quarterly monitoring indicate a failure to meet specified limits, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should the permittee fail to monitor during a month in which toxicity monitoring is required, then monthly monitoring will begin immediately until such time that a single test is passed. Upon passing, this monthly test requirement will revert to quarterly in the months specified above. Should any test data from this monitoring requirement or tests performed by the North Carolina Division of Water Quality indicate potential impacts to the receiving stream, this permit may be re-opened and modified to include alternate monitoring requirements or limits. NOTE: Failure to achieve test conditions as specified in the cited document, such as minimum control organism survival, minimum control organism reproduction, and appropriate environmental controls, shall constitute an invalid test and will require immediate follow-up testing to be completed no later than the last day of the month following the month of the initial monitoring. C7 Permit No. NC0000680 SUPPLEMENT TO EFFLUENT LIMITATIONS AND MONITORING REQUIREMENTS SPECIAL CONDITIONS (Continued) A (5). Biocide Condition The Permittee shall obtain authorization from the Division of Water Quality prior to utilizing any biocide in the cooling water. The Permittee shall notify the Director in writing not later than ninety (90) days prior to instituting use of any additional biocide used in cooling systems which may be toxic to aquatic life or other than those previously reported to the Division of Water Quality. Such notification shall include completion of Biocide Worksheet Form 101 and a map locating the discharge point and receiving stream. Concentrations of chromium, copper or zinc added to biocides shall not exceed applicable water quality standards or action levels in the receiving stream, as determined by calculations from the Biocide Worksheet From 101 with Supplemental Metals Analysis worksheet. A (6). Nutrient Condition for Permits Without Phosphorus Limits This permit may be modified, or revoked and reissued to include an effluent limitation on nutrients for this discharge depending upon the following: The findings of a study by the Division of Water Quality determining that nutrient control is necessary. 2. Local actions do not successfully reduce the nutrient loading on the receiving waters. 3. The onset of problem conditions in the receiving waters A (7). The Permittee may not discharge any wastewater if the dissolved oxygen concentration in the Roanoke River is below 4.0 mg/L for more than 24 hours, unless such discharge is authorized by the Director or his/her designee. A (8). Stream Sampling Upstream samples shall be taken at a point in-line with the access road to the old pumphouse at a location near the center of the Roanoke River. Downstream samples shall be taken at river marker 17. Stream sampling shall be conducted three (3) times per week during the months of June, July, August and September as water column profile samples at the surface and at one meter depth increments to, but not including, the river bottom. Stream samples during the remaining months of the year shall be taken once per week at the surface only. During events of instream dissolved oxygen levels at or below 4.0 mg/L, the facility will monitor instream at the above locations, the NC 45 bridge, Conaby Creek and River Marker #10. The instream monitoring during these events shall be water column profiles as described above. A (9). Dioxin Monitoring For compliance purposes, the point of compliance shall be defined as the influent before the wastewater treatment facility. Compliance with the daily maximum permit limit shall be demonstrated by determining the TCDD concentration at the influent to the wastewater treatment facility. Adequate sample volume shall be collected to perform the analysis. The total sample volume shall be collected and preserved in accordance with Part Il, Section C Monitoring and Records. The sample shall be analyzed in • SUPPLEMENT TO EFFLUENT LIMITATIONS Permit No. NC0000680 AND MONITORING REQUIREMENTS SPECIAL CONDITIONS (Continued) accordance with the appropriate method of analysis specified in Analytical Procedures and Quality Assurance for Multimedia Analysis of Polychlorinated Dibenzo-para-dioxins and Polychlorinated Dibenzofurans by High Resolution Gas Chromatography/High Resolution Mass Spectrometry, EPA, 1987 (EPA Method 1613), or another equivalent analytical protocol approved by DWQ. A single sample may be analyzed to determine compliance with the daily maximum effluent limitation. Alternatively, a sample volume may be collected to enable the sample to be split (duplicate analysis). If the analysis of either split sample is below the detection limit, the quantity, for the purposes of compliance evaluation, is considered to be zero. If both splits are positive, the results of the two analyses shall be averaged to determine compliance with the daily maximum effluent limitation. If the measurement is below detection limits, the quantity for the purposes of compliance evaluation is considered to be zero. The detection limit using these methods for the purpose of compliance evaluation is considered to be 10 picograms per liter. The dioxin isomer to be monitored and limited by this permit is 2, 3, 7, 8, TCDD. Fish tissue analysis will be performed, as a minimum, at one station established upstream of the discharge and at two stations downstream in accordance with the Division of Water Quality approved monitoring plan. The monitoring plan is an enforceable part of this permit. All dioxin data collected as part of this monitoring requirement will be reported within three months after collection. The Permittee shall perform the following analysis for dioxin in addition to monitoring the as specified on the effluent pages: 1. Fish tissue analysis Annually (TCDD and TCDF) • PARTI Section B. Schedule of Compliance 1. The permittee shall comply with Final Effluent Limitations specified for discharges in accordance with the following schedule: Permittee shall comply with Final Effluent Limitations by the effective date of the permit unless specified below. 2. Permittee shall at all times provide the operation and maintenance necessary to operate the existing facilities at optimum efficiency. 3. No later than 14 calendar days following a date identified in the above schedule of compliance, the permittee shall submit either a report of progress or, in the case of specific actions being required by identified dates, a written notice of compliance or noncompliance. In the latter case, the notice shall include the cause of noncompliance, any remedial actions taken, and the probability of meeting the next schedule requirements. Part II Page 2 of 14 • 6. Concentration Measurement a. The "average monthly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar month on which daily discharges are sampled and measured, divided by the number of daily discharges sampled and/or measured during such month (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average monthly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar month. This limitation is identified as "Monthly Average" under "Other Limits" in Part I of the permit. b. The "average weekly concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar week (Sunday/Saturday) on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such week (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day. The average weekly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar week. This limitation is identified as "Weekly Average" under "Other Limits" in Part I of the permit. c. The "maximum daily concentration" is the concentration of a pollutant discharge during a calendar day. If only one sample is taken during any calendar day the concentration of • pollutant calculated from it is the "Maximum Daily Concentration". It is identified as "Daily Maximum" under "Other Limits" in Part I of the permit. d. The "average annual concentration," other than for fecal coliform bacteria, is the sum of the concentrations of all daily discharges sampled and/or measured during a calendar year on which daily discharges are sampled and measured divided by the number of daily discharges sampled and/or measured during such year (arithmetic mean of the daily concentration values). The daily concentration value is equal to the concentration of a composite sample or in the case of grab samples is the arithmetic mean (weighted by flow value) of all the samples collected during that calendar day . The average yearly count for fecal coliform bacteria is the geometric mean of the counts for samples collected during a calendar year. This limitation is identified as "Annual Average" under "Other Limits" in Part I of the permit. e. The "daily average concentration" (for dissolved oxygen) is the minimum allowable amount of dissolved oxygen required to be available in the effluent prior to discharge averaged over a calendar day. If only one dissolved oxygen sample is taken over a calendar day, the sample is considered to be the "daily average concentration" for the discharge. It is identified as "daily average" in the text of Part I. f . The "quarterly average concentration" is the average of all samples taken over a calendar quarter. It is identified as "Quarterly Average Limitation" in the text of Part I of the permit. g. A calendar quarter is defined as one of the following distinct periods: January through March, April through June, July through September, and October through December. 0 Part II Page 4 of 14 0 10. Calendar Day A calendar day is defined as the period from midnight of one day until midnight of the next day. However, for purposes of this permit, any consecutive 24-hour period that reasonably represents the calendar day may be used for sampling. 11. Hazardous Substance A hazardous substance means any substance designated under 40 CFR Part 116 pursuant to Section 311 of the Clean Water Act. 12. Toxic Pollutant A toxic pollutant is any pollutant listed as toxic under Section 307(a)(1) of the Clean Water Act. 1. The permittee must comply with all conditions of this permit. Any permit noncompliance constitutes a violation of the Clean Water Act and is grounds for enforcement action; for permit termination, revocation and reissuance, or modification; or denial of a permit renewal application. a. The permittee shall comply with effluent standards or prohibitions established under section • 307(a) of the Clean Water Act for toxic pollutants and with standards for sewage sludge use or disposal established under section 405(d) of the Clean Water Act within the time provided in the regulations that establish these standards or prohibitions or standards for sewage sludge use or disposal, even if the permit has not yet been modified to incorporate the requirement. b. The Clean Water Act provides that any person who violates a permit condition is subject to a civil penalty not to exceed $25,000 per day for each violation. Any person who negligently violates any permit condition is subject to criminal penalties of $2,500 to $25,000 per day of violation, or imprisonment for not more than 1 year, or both. Any person who knowingly violates permit conditions is subject to criminal penalties of $5,000 to $50,000 per day of violation, or imprisonment for not more than 3 years, or both Also, any person who violates a permit condition may be assessed an administrative penalty not to exceed $10,000 per violation with the maximum amount not to exceed $125,000. [Ref: Section 309 of the Federal Act 33 US.C. 1319 and 40 CM 122.41 (a)] c. Under state law, a civil penalty of not more than ten thousand dollars ($10,000) per violation may be assessed against any person who violates or fails to act in accordance with the terms, conditions, or requirements of a permit. [Ref: North Carolina General Statutes § 143-215.6A] d. Any person may be assessed an administrative penalty by the Administrator for violating section 301, 302, 306, 307, 308, 318, or 405 of the Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of the Act. Administrative penalties for Class I violations are not to exceed $10,000 per violation, with the maximum amount of any Class I penalty assessed not to exceed $25,000. Penalties for Class 11 violations are not to exceed $10,000 per day for each day during which the violation continues, with the maximum amount of any Class n penalty not to exceed $125,000. Part II Page 6 of 14 0 10. Expiration of Permit The permittee is not authorized to discharge after the expiration date. In order to receive automatic authorization to discharge beyond the expiration date, the permittee shall submit such information, forms, and fees as are required by the agency authorized to issue permits no later than 180 days prior to the expiration date. Any permittee that has not requested renewal at least 180 days prior to expiration, or any permittee that does not have a permit after the expiration and has not requested renewal at least 180 days prior to expiration, will subject the permittee to enforcement procedures as provided in NCGS 143-215.6 and 33 USC 1251 et. seq. 11. Sigmtnrv^ irements All applications, reports, or information submitted to the Permit Issuing Authority shall be signed and certified. a. All permit applications shall be signed as follows: (1) For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means: (a) a president, secretary, treasurer or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision making functions for the corporation, or (b) the manager of one or more manufacturing production or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding 25 million (in second quarter 1980 dollars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. 0 (2) For a partnership or sole proprietorship: by a general partner or the proprietor, respectively, or (3) For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. b. All reports required by the permit and other information requested by the Permit Issuing Authority shall be signed by a person described above or by a duly authorized representative of that person. A person is a duly authorized representative only if. (1) The authorization is made in writing by a person described above; (2) The authorization specified either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or well field, superintendent, a position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company. (A duly authorized representative may thus be either a named individual or any individual occupying a named position.); and (3) The written authorization is submitted to the Permit Issuing Authority. c. Certification. Any person signing a document under paragraphs a. or b. of this section shall make the following certification: "I certify, under penalty of law, that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fines and imprisonment for knowing violations." Part II Page 8 of 14 • 3. Need to Halt or Reduce not a Defense It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the condition of this permit. 4. Bye of Treatment Facilities a. Definitions (1) "Bypass" means the known diversion of waste streams from any portion of a treatment facility including the collection system, which is not a designed or established or operating mode for the facility. (2) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them lo become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. Severe property damage does not mean economic loss caused by delays in production b. Bypass not exceeding limitations. The permittee may allow any bypass to occur which does not cause effluent limitations to be exceeded, but only if it also is for essential maintenance to assure efficient operation These bypasses are not subject to the provisions of Paragraphs c. and d. of this section c. Notice (1) Anticipated bypass. If the permittee knows in advance of the need for a bypass, it shall submit prior notice, if possible at least ten days before the date of the bypass; including an evaluation of the anticipated quality and affect of the bypass. (2) Unanticipated bypass. The permittee shall submit notice of an unanticipated bypass as required in Part 11, E. 6. of this permit. (24 hour notice). d. Prohibition of Bypass (1) Bypass is prohibited and the Permit Issuing Authority may take enforcement action against a permittee for bypass, unless: (A) Bypass was unavoidable to prevent loss of life, personal injury or severe property damage, (B) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance, and (C) The permittee submitted notices as required under Paragraph c. of this section. (2) The Permit Issuing Authority may approve an anticipated bypass, after considering its adverse affects, if the Permit Issuing Authority determines that it will meet the three conditions listed above in Paragraph d. p) of this section. Part H Page 10 of 14 SECTION D. MONITORING AND RECORDS 1. Representative Samples Samples collected and measurements taken, as required herein, shall be characteristic of the volume and nature of the permitted discharge. Samples collected at a frequency less than daily shall be taken on a day and time that is characteristic of the discharge over the entire period which the sample represents. All samples shall be taken at the monitoring points specified in this permit and, unless otherwise specified, before the effluent pins or is diluted by any other wastestream, body of water, or substance. Monitoring points shall not be changed without notification to and the approval of the Permit Issuing Authority. 2. $g Monitoring results obtained during the previous month(s) shall be summarized for each month and reported on a monthly Discharge Monitoring Report (DMR) Form (DEM No. MR 1, 1.1, 2, 3) or alternative forms approved by the Director, DEM, postmarked no later than the 30th day following the completed reporting period. The first DMR is due on the last day of the month following the issuance of the permit or in the case of a new facility, on the last day of the month following the commencement of discharge. Duplicate signed copies of these, and all other reports required herein, shall be submitted to the following address: Division of Water Quality Water Quality Section ATTENTION: Central Files Post Office Box 29535 Raleigh, North Carolina 27626-0535 3. Flow Measurements Appropriate flow measurement devices and methods consistent with accepted scientific practices shall be selected and used to ensure the accuracy and reliability of measurements of the volume of monitored discharges. The devices shall be installed, calibrated and maintained to ensure that the accuracy of the measurements are consistent with the accepted capability of that type of device. Devices selected shall be capable of measuring flows with a maximum deviation of less than + 10% from the true discharge rates throughout the range of expected discharge volumes. Once-through condenser cooling water flow which is monitored by pump logs, or pump hour meters as specified in Part I of this permit and based on the manufacturer's pump curves shall not be subject to this requirement. 4. Test Procedures Test procedures for the analysis of pollutants shall conform to the EMC regulations published pursuant to NCGS 143-215.63 et. seq, the Water and Air Quality Reporting Acts, and to regulations published pursuant to Section 301(g), 33 USC 1314, of the Federal Water Pollution Control Act, as Amended, and Regulation 40 CFR 136, or in the case of sludge use or disposal, approved under 40 CFR 136, unless otherwise specified in 40 CFR 503, unless other test procedures have been specified in this permit. To meet the intent of the monitoring required by this permit, all test procedures must produce minimum detection and reporting levels that are below the permit discharge requirements and all data generated must be reported down to the minimum detection or lower reporting level of the procedure. If no approved methods are determined capable of achieving minimum detection and Part II Page 12 of 14 0 SECTION E. REPORTING REQUIREMENTS 1. Change in Discharge All discharges authorized herein shall be consistent with the terms and conditions of this permit. The discharge of any pollutant identified in this permit more frequently than or at a level in excess of that authorized shall constitute a violation of the permit. 2. Planned •Chm= The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility. Notice is required only when: a. The alteration or addition to a permitted facility may meet one of the criteria for determining whether a facility is a new source in 40 CFR Part 122.29 (b); or b. The alteration or addition could significantly change the nature or increase the quantity of pollutants discharged. This notification applies to pollutants which are subject neither to effluent limitations in the permit, nor to notification requirements under 40 CFR Part 122.42 (a) 0). c. The alteration or addition results in a significant change in the permittee's sludge use or disposal practices, and such alternation, addition or change may justify the application of permit conditions that are different from or absent in the existing permit, including notification of additional use or disposal sites not reported during the permit application process or not reported pursuant to an approved land application plan. 3. Anticipated Noncompliance The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements. 4. jYaatj;g This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permittee and incorporate such other requirements as may be necessary under the Clean Water Act. 5. Monitoring Reports Monitoring results shall be reported at the intervals specified elsewhere in this permit. a. Monitoring results must be reported on a Discharge Monitoring Report (DMR) (See Part IL D. 2 of this permit) or forms provided by the Director for reporting results of monitoring of sludge use or disposal practices. b. If the permittee monitors any pollutant more frequently than required by the permit, using test procedures specified in Part II, D. 4. of this permit or in the case of sludge use or disposal, approved under 40 CFR 503, or as specified in this permit, the results of this monitoring shall be included in the calculation and reporting of the data submitted in the DMR. 0 c. Calculations for all limitations which require averaging of measurements shall utilize an arithmetic mean unless otherwise specified by the Director in the permit. Part II Page 14 of 14 Persons reporting such occurrences by telephone shall also file a written report in letter form within 5 days following first knowledge of the occurrence. 10. Availability of ReF2rts Except for data determined to be confidential under NCGS 143-215.3(x)(2) or Section 308 of the Federal Act, 33 USC 1318, all reports prepared in accordance with the terms shall be available for public inspection at the offices of the Division of Water Quality. As required by the Act, effluent data shall not be considered confidential. Knowingly making any false statement on any such report may result in the imposition of criminal penalties as provided for in NCGS 143-2151(b)(2) or in Section 309 of the Federal Act. 11. Penalties for Falsification of Reps The Clean Water Act provides that any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under this permit, including monitoring reports or reports of compliance or noncompliance shall, upon conviction, be punished by a fine of not more than $10,000 per violation, or by imprisonment for not more than two years per violation, or by both. • C. PART IV ANNUAL ADM NISTERING AND COMPLIANCE MONITORING FEE REQUIREMENTS A. The permittee must pay the annual administering and compliance monitoring fee within 30 (thirty) days after being billed by the Division. Failure to pay the fee in a timely manner in accordance with 15A NCAC 2H.0105(b)(4) may cause this Division to initiate action to revoke the permit. • 9 • P.O. Box 787 Plymouth, North Carolina 17962 Tel (919) 793 8111 Certitted Mail Return Receipt Requested Mr. David A. Goodrich NC DEHNR P O Box 29535 Raleigh, NC 27626-0535 Dear Mr. Goodrich: In reviewing our NPDES permit application, we realized our sludge ponds had been inadvertently left out. We would like to continue to include these sludge ponds in our NPDES permit and request you to include them with receipt of this letter. • A Weyerhaeuser March 5, 1997 We apologize for any inconvenience and if you have any questions, please contact myself at (919) 793-8693, or Mac Jones at (919) 793-8326. Thank you. Sincerely, eoseph W. Kloeker Environmental Director JWK: dmc xc: John Pritchard Jerry Coker Jim Mulligan - Washington, NC Regional Office 0 -7 >>.. rr:?? 10,4 G 609 NORTH ( CAROLINA;, MARTIN ; CQUNTY. ; i j THIS DEED, Made and. executed this. day of 1962, by, ,West India Fruit and Steamship Company, Incorpora ted,. a corporation of the State ,of; Virginia, with its pr incipal office' in;the City of Norfolk, Virginia, -party of the first part, I to W,ey?erhaeuser ,Company, ;for i.ts North Carolina Division,,,a cor- porationcreated, organized,and,existing under the laws of the I state of .Washington, party of,the ,second part, I W I T N E S S E T H i -- i ;,. THAT, THE SAID party,of- the first part, in considera- tion of the:sum of ONE DOLLAR ;($1.00) and the exchange of a tract of land,this day,.conveyed by the party,of the second part to the party of the first part, does by these,presents,,bargain, sell, grant and ,j,convey.:unto the party:of:the,second part, its successor and assigns,,all.of that certain,tract or parcel,of land in Jamesvll,®,Township,, Martin County, North Carolina, described as follow j, ,.,,,,Beginning,at a concrete monument on the west side of i the Airfield runway, said monument being the northernmost corner of the 1 6. g, ,acre . tract conveyed to;,the North Carolina Pulp Company I . by Mrs?,K:a e,.York, said monument,being further located as:being south 20 degrees 45 minutes,east?31.97 chains from the northwest corner of!Wiyerhaeuser, Companylslproperty,on,Warren Neck Creek; running 'thence Ifrom,.said beginning; land ;ialong ; .the -lines of the parcel conveyedEby;Mrx. York,..to.paid Company, south 68 degrees 15 minutes wes,t..3.7;9.chains to,a monument; thence south 21 degrees 45 minutes-east 9.08 chains,to,a;monument; thence north 80 degree 30 minutes east 10.00 chains to a concrete monument in the old i line i" 1 hr" `ri!' +• tA?E 3x. t if the?Companyts mill site tract; thence along said line south9 degrees'22 minutes'east'19.36 chains to a concrete monu- ment;Ithence south 25 degrees:40'minutes west 20.21:chains,to an iron marker,'aniagreed'corner'between said Company and R. J. i sydenetricker and :C. L. Groves, and also-being a i i corner of'W. M.'Davis; running thence along the Davis line south 82 degrees'west15.40 chains to,an iron marker, Davis corner; thence continuing'along the'Davis'line to and along the Harden heirsiliae north 86 degrees 10 minutes west 46.13 chains to the center of the State road called!the Warren Neck road, a corner of I the Harden Heirs and the Ernest Hayes Heirs; thence along the Hayes heirs line south 76 degrees-30 minutes west 34.86 chains to an iron marker;'thence south,67idegrees 30 minutes west 20.01 chainw to`an iron axle, C.'B.'Fagants'corner; thence north 66 de- grees 40"minutes-west 8.50 chains to an iron pipe; thence north t 56 degrees 40,minutes west?12.00ichains to an iron pipe, Hosea i Faganis corner.; thence.north 13.degrees 20 minutes east 11.00 chain fto''an iron pipe; thence north 61 degrees 40 minutes west 6.66 ih?ainsto-an iron pipe, a:corner of the Georgia-Pacific land thence along the Georgia-Pacific-line north 9 degrees east'68.38 chains'to the middle of the middle prong of Warren Neck Creek; thenc? !down said creek to the! river prong ofrrtsaid creek; thence down the river prong to a'point'opposite the northwest edge of th marshy tbence!to and along'the'edge of the marsh northeastwardly about 13 chains to Roanoke?Ri*erl; thence down said'river to the mouth of Warrenl-Neck Creek; thence up'?said Creek, the Highland prong ito"the northwest corner-of!Weyerhasuser Companyts,Mill Sit 45 minutes east tract thence along said line?south:20 degrees acres 31.07 chains tol,the point'of.beginning,` containing'1223'.80!, I 1 ! f{ ' miore or less.! There is excepted from the operation of this deed the Hamilton graveyard, which is supposed to be 20 feet square, as now located on the foregoing tract of land. This deed is made subject to the lease from Kate B. York to the State Highway Commission, of record in the foregoing countgfpubliclrecords in Book'$-7* Page 329, and that the area covered by said lease and right-of-way thereto, is identified on the map hereto attached, "State Borrow Pit Under Lease". The foregoing land was surveyed April, 1962, by Sam E: Chesson and Blake C. Lewis, Registered Surveyor, and map of same prepared by them, is hereto attached, is made a part of this deed, and.is to be recorded concurrent herewith, and is ident fi®d "Katie B. York Tract Janesville Twerp. Martin County, N. Area 1223.80 Acres". The! ;foregoing land is the same as described in deed ... . from Kats B. York, unmarried,. to West India Fruit and Steamship Cpa y,' Inooroorated, dated April: ;19 1962, of record ';in ;Martin 'Count, Publlic ::Registry. the aforesaid tract or 'parcel of TO HAVE AND TO HOLD' f ,land to ether!with all'rights,j privileges sand appurtenances, thereunto:belonging unto the'said-party of the second part, its + "Succef sons and: assigns, ito :its! only use and,behoof forever, sub- ?ect o the foregoing, exceptions.! And the said party; :ofl the; first part covenants .to and with the! said] party of the,second! part, its.successors and assigns :that it , is seized of saidpremise's in, fee and has a lawful right to ;'convey they name in fee, ;simple;; that the same are free and ,,clear: from alifencumbrances,,:and;jthat:it does hereby warrant and Iwl ?, I Z 7 will'iorever,defend the title to the same against the lawful claims of alLi ersons whomsoever.; However, these covenants of s warranty have no application to the accuracy of the location of I i the boundary lines.as described herein. IN WITNESS WHEREOF,!the party of the first part has caused these presents',to,be',signed in its name by its Presi ?ent',-attested-bylits'.!' I' Secretary, and,its corporlIa,te seal'to be hereunto'.affiaed, all by authority of its Boardlof:Directors duly given, the day and year,first above i writt ,. ,?' WEST 'INDIA I ND STEAMSHIP COMPANY, ,? ?• `? , rr INCORPORATE f 1 +f ?h . ?1 1 I 4 1, BY I '{; E es en ???d„I, t?F d11 i(?Ili?tp,(... , '•I I ? 141 ? I ?' r i?d?+i/{li?s•???.laf1^` bi v: s{ it I? } 3?'"f t1l Fi'i it f' r""'."l g. "i ?' f ? , ! •rlw? I v 1 Fl .?..?. 1iA y `= ?.. wi mi?[1 m-mv 1)ot'I1ni1 91 f1iN rn Ue1 1)OI tIMis'V''nlty 11?o1 ltY l I nn/:[?Ml n ?s? lt1 1 • w ? ( ( 1?\ I ? 1 '` ,.. "e? h r, i 6 ' r -, p. i ,r ??` a ;? 1 +iF.t ( ' ( 11 ( I ti, 4 i . t : ?1 ' ry ? ? ,' <?? &K?Y :) r 1, i ? ,? 1 '?? ? ? ! `.< ? ! " 1 ??` ? ;? "• `4,? ?, j a' j '530 .=..;, 53U : ,? f I•, ,` 7f l. ? ? ??? 'if , I? Y ?? / - 4r Id f ???l 1 .. / ? ? . . ? h' ??iJA l.ili ' ? ' 1 ` Itlitil til,ll ti VI'll S ? lias?•+.t?>tJ,i.. ? F? 11\I1?'tl ti1111 AIPti 1111 .411 5 1, F ?r?n>,al S - l' 1'1 lnY 1 1\IF , ? ti x 1 i J?111 r?&•9 0 « ? 92 ? f a', 1 It, 1111.,1'1; IU I:It, 11 Ilt\!1 tl ll, 11.,1E IN. It,AI l 1\UC l l: I,T61t,\ 1{1. ? , " ? : ? j ilol I ? i 7111 "Ir OOLIAHti ? ir),,.,?? II111], "? ,,, .,I [i?1 ..N,??? ?l i ???? 1?„?.? ?l i>> ?i . I0I,IIA111111t1 DOCUMEN TARY lll/l l mly 1nRY 11!111,,11 NI11 tY 1)IICII111 N141 14 1NII UM EN1•nltY 1)IIl UDIliN7AlIY ! ? Y p ?h l 1 I t f i t 1 [ 1 ( ; ?4 lh,r' l p u t 1 1r r ' t / ? , f / 1 / • 1 ?? f `. \, fi I \ ,yF i l T '^ I '? ' ? . ? ? ?4i / 1 1 . 71??? t • y ? ' ? ,? i ; ` y9 f? ', ? ?'3?!? /?5 ( ! ` 1{ b. 1t'? ?? ? ,?t LtQi7 y r Lt `:, CC t.. . \.:6f37 7. 1 Pi "Ill ..^!4L717' l11Ca'W.Tdnir \ \tnr ., r tr¦f ,? \n11. ..91'1 I:I til\Ila 1'9l rl ll ti l'.1'rl,ti 1 P,III:II tiT?71:S 1 191'1 I:b 1\Il, ti 1'91'1'LIItiIAII: 1 rr S mum '1.1'Ila ) , !\ITI'11 R'i A7 LFi \'flal\11111 \•1:.\,,; 1.P1:,1.,, 11 11,,..,-1 IV1„N,N,l1R,:.1, 1tT,:1, V.V 1O.iI'l ( 1 1 VPC,1.V nP,frcl l ,l (, ?,,.n., , 11„t,. ? 1. ,•,:1, V.,1.1U \i.v;gyl l1 N L ? .. 1111,1.11,1110 1111,1111, ? 11Y l0l ?. ?ii?? 10111,11.,,« 1 ion.., ;: RM1I 1 U, fh ).. ;; : «I 01 111 1 111 ? l l lip 11,11 I 1 1 . .;1101 ] ?? T?t? . lU I l0 1M Y V Y _ ? , ? _Y . r q L..11B 1? STATE OF ??A , s COUNTY OF MA r. ? N I, ?? I dingy ?C`. /1A v?E t?rur`f , &--:fx-*tx=x-93U4F15c, do hereby certif that personally appeared before me this da G?{ Y Y r --7? who, being by me duly sworn, says that he is 1?.?•?•>?vv`? , President of West India Fruit and Steamship Company, Incorporated, the corporation named in the forggoing instrument, that the seal affixbd'to the'foregoing instrument, in writing, is the corporate seallof;said!company and that said writing was signed and sealed by h?m in behalf of said company by its authority duly given; and ~ ?. the saic}.,,f, acknowledged the said writing to be the act and deed of said company. e i X41 C S a "LA v`?L i "C'e, ?G V1 e Cat Witness my hand sedEPMMIRM, ; this ??. day - tof z ,1962. C`P N / .?(j?? yr i t? N Cb/i u STATE F NORTH CAROLINA, i COUNTY 0 MARTIN. Th foregoir a Notary Public I notarial seal affi %dd, and mapwith the cai witness my i FILED AND RECORDED IM 01`4'Q, t4 ROVER OF DEEDS, MARTIN! (4UN i Y, 4,P AT ZZ 4C.5, ,19(a2... INS S 0a'3A o0 (Igo, certificate\of is adj ge icates, h d, this with to be orrect. Let he deed registere day,*I? ? 1962. Clark Superior Court. ? gGOK 047 PAGE _u. C. ...•? ; . sl, al, ry V ATTACFIM XID Excise Tax by Mail after recording to vl -vl?0y ??. /V 04? 3 3 'FIL'ED AND RECORDED IN OFFICE OF 'REGISTER OF 'DEEDS, MARTIN MUNTY, V (J LIAMSTON. N. C. ATJL O'CLOCK m. c$? ' IN BOOK 0 - PAGE 5 ? 4 Z ?-1Z -REGISTER OF EEDS 1 Recording Time, Boo ane tO l i ; r; ?u ................................................................................ Attorney. ................... This instrument was prepared by ............ . Brief description for the Index L,807.1 acts /Shingleton Swp. NORTH CAROLINA SPECIAL WARRANTY DEED (QC' /Z ....................... M2.0.0.Q by and between Tulc DEED made this . • day of . .••. ...... GRANTOR THE NATURE CONSE&VANCY a non--profit. c;orporation of the District 'o;i' C.o.lumbia with an address of One University. Place, Suite 290 Durham, NC 27707 GRANTEE WEYERHAEUSER COMPANY Enter in appropriate block for each party: name, address, and, If appropriate, character of entity, e.q. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that .................., .... ..... ................. ... .................. Township, ...................... . certain lot or parcel of land situated in the City o .. ? •••. •• Martin County, North Carolina and more particularly described as follows. All the property described on Exhibit A attached, provided;, however, the Grantor hereby reserves, and the real property described in Exhibit A is conveyed subject to the reservation of, a Conservation Easement: as set forth on the attached Exhibit C. TRANSFERRED ASSESSOR i, i N.C. Bar Assoc. Form No. 6 S 1977 Printed by Agreement with the N.C. Bar 99848 4461 Triangle Printing Company. Raleigh, NC. (919) It .LIEFIHXH BOOK ?- 17 PAGE :. Book' B-17, Page 474 The property hereinabove described was acquired by Grantor by instrument recorded in .............. ........................ .......... A map showing the above described property is recorded in Plat Book ................ I Page ,.;...I...I TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: i All restrictions and easements of record, including without limitation, those matters listed on the attached Exhibit B. I? i j , IN WITNESS WHEREOF, the Grantor has hereunto set this hand and seal, or If corporate,lhas caused this Instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. -- ----------1 -- - v, ?,uuui n+r; „?,_T___LQ'??.f1;'•? ------(SEAL) THE NATURE CONSERVANCY _,_s ----------------- ----------------- a %--- Corporate Name) By: --- - -------- -- -+---- -- - - - - --- C h a r l e s R. Bassett h4 ---------------- ------ --- (SEAL) _ y .r -R t t ;:U, =. --- V1Ge__President Z EST ------------------- -----•_ .,?'-_t_ =a......+' Q------(SEAL) ? d B_I ati8------ ---------------------------------W i s rr?7?9fh'J1IitSt?ti,. `? - -------- ----- -------------- ------ (SEAL) _-AAj n•A------secretary (Corporate seal) SEAL-STAMP pr NORTH CAROLINA, ---------------------------------- county. Z p I, a Notary Public of the County and State aforesaid, certify that _________ _________________________________ ----------------------- Grantor, V personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this _____ day of ------------------------------- 1D_____. W rA - P My commission expires: ------------------------------- -----------------=- --------------Notary Public ,S?ASLItITNORTH CAROLINA, ______ Parham County. .°°°pQ'l61 NY .0 pTAq ` . y r T Z • N F -"-tI'? 4 'OUE3oo `?F,w % ----------------------------------- 1, a Notary Public of the County and State aforesaid, certify that _ D av i d Bland personally came before me this day and acknowledged that ___- he is ___AS_$?,? )~1[)_ _______ Secretary of THE NATURE CONSERVANCY ig1gn;pprofit D C. W __ _ ____________________________________ a?FStHtg colina corporation, and that by authority duly Ch}?arlesg F?Q BassOttl 10 iyen and as the act of the corporation, the foregoing Instrument was signed in lta name by/ IF. --------------- S Me- him Assistant p President, sealed with its corporate seal and attested by him as its __L__ ______________Secretary. Witness my hand and official stamp or seal, thls II_day of --_ 4h-a---___----_, 132IIC) 0 MY commission expires: __-0--2--/ - 1 -- 0 -- /--2--0--0--2 - -- ?_ j? --------=t `t_Ivn -Notary Public The foregoing Certificate(s) of _I_ I!? j CLIZM _P_ !:7f k5.:________________ ---------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------- is/are certified to be correct. This instrument and this certificate are duty registered at the date and time and in the Book and Page shown on the Qrst ge heeo,?t ---- --- ------- `----- `?1-------- --_-- - -_----------REGISTER OF DEEDS FOR _-? ---------- COUNTY Deputy/Assistant-Register of Deeds. T? 7-6, log N.C. Bar Assoc. Form No. e ® 1977 Prlnted by Agreement with the N.C. Bar Aseoo.-1991 Triangle Printing Company, Raleigh, C, (919 84r8- ? 1 , iiircT? (C/J ' ocp OO KIGt/.i UUU EXHIBIT A That certain tract of land situated in Martin County, North Carolina, containing 1,807.7. acres, ore or less, being more particularly described below. Being a portion of the property conveyed to Georgia-Pacific Corporation from Atlas Plywood Corporation, identified therein as First Tract, by deed dated the 29th day of June, 1959 and recorded in Deed Book Q-6, Page 401, Martin County Registry, and being the same property, conveyed from Georgia-Pacific Corporation, to North American Timber Corp. by deed dated the 16th day of April, 1999, and being the same property, identified therein as "Shingleton Swamp" and conveyed from North American Timber Corporation to The Nature Conservancy by deed dated the 23`d day of September, 1999, and recorded in Deed Book B-17, Page 474, Martin County Registry. Known as "Shingleton SwazF", and lying on the south side of Roanoke River within a curve of said River, and bounded on the north r and northeast by Roanoke River, on the southeast by the middle prong of Middle Neck Creek, and on the southwest by Mrs. Kate York and by Fagan land, and being more particularly described as follows: BEGINNING at a railroad iron on the east bank of Roanoke River, said railroad iron being approximately 4 chains north of a large cypress, which cypress is across the river from the Calm (or Camp) Point Fishery; trans thence down the meanders of Roanoke River (which is horseshoe in shape encircling acid lands on the northwest, north and northeast) approximately 4.3 miles to the edge of a marsh (said marsh lying to the southeast of a line of trees); thence with the southern edge of the line of trees and along the marsh southwesterly approxi.rately 19 n chains to the confluence of the river prong of Warren Neck Creek and the middle prong of Warren Neck Creek; thence n , southwesterly along the meanders of the run of the middle b prong of Jarren Neck Creek approximately 110 chains to a point qn said middle prong of Marren Creek opposite a 3/4 xesternf liaeMrs. of Kate inch pipe in a bunch of rw3.thethecomer Mrs. York; thence to said pipe and Kate York S 8° 30t W 68.38 chains to a piece of angle iron in the line of the Fagan lands; thence with the northern line of the Fagan land, N 62' V W 68 chains to the point of be- ,ginning, containing 1820 acres, more or less, according to a map by W. A. Basaight entitled "Plat Showing Land Belonging to Atlas Plywood Corporation Located in Martin Co., N. C., on the south and east side of Roanoke River Between Plymouth and Jamesvill.", and being the identical (Tract) No. 3 described in deed fL Plymouth Box & Panel ComPanT to Atlas Plywood Cor- poration dated November 16, 1945, of record in Book P-4, Page- 93,, Martin County Registry. LESS AND EXCEPT 12.30 acres conveyed from Georgia-Pacific Corporation to Weyerhaeuser Company by deed dated June 21, 1983. BOOK O -1 7PAGE EXHIBIT B 1. Liens for taxes, assessments and other governmental charges which are not yet due and payable as of the date hereof. 2. All land use (including environmental and wetlands), building and zoning laws, - - regulations, codes and ordinances affecting the Real Property. - 3.- ---Any rights of the United States of Arrierica, the State of North Carolina or others in the use and continuous flow of any brooks, streams or other natural water courses or water bodies within, crossing or abutting the Real Property, including, without limitation, riparian rights and navigational servitudes. 4. Title to that portion of the Real Property, if any, lying below the mean high water mark of . abutting tidal waters. 5. All easements, rights-of-way, licenses and other such similar encumbrances of record. 6. All existing public and private roads and streets and all railroad and utility lines, pipelines, service lines and facilities. 7. All encroachments, overlaps, boundary line disputes, shortages in area, parties in possession, cemeteries and burial grounds and other matters not of record which would be disclosed by an accurate survey or inspection of the Real Property. 8. The reservation by Atlas Plywood Corporation of one-half of the mineral rights on the Real Property. 9. . Any loss or claim due to lack of access to any portion of the Real Property. _ EXHIBIT C TO DEED FROM THE NATURE CONSERVANCY TO WEYERHAEUSER COMPANY RESERVATION OF CONSERVATION EASEMENT The property described in the deed to which this exhibit is attached (hereinafter referred to as the "Property") is a relatively natural habitat of fish, wildlife, plants and ecological communities. The entire Property is a bottomland hardwood forest, most of which is flooded for portions of the year. There is no "high ground" on the Property. There are no roads or trails on the Property. The only improvement is an above ground electric transmission line running through the Property.- Other than the transmission line, there are no clearings on the Property. Nothing contained herein shall prevent the parties from using reports, surveys or photography in existence at the time this easement is recorded to establish the condition of the Property at the time this easement was created. The Nature Conservancy ("Conservancy") and the Weyerhaeuser Company ("Grantee") have the common desire and purpose to maintain the natural condition of the Property described above and wish to create a conservation easement in favor of Conservancy pursuant to North Carolina Statutes Section 121-34 et. seg. NOW, THEREFORE, Conservancy hereby reserves and retains a conservation easement in perpetuity over the Property of the nature and character as follows: 1. PURPOSE. The purpose of this Conservation Easement is to ensure that the Property will be retained forever predominantly in its natural and scenic condition; to protect native plants, animals, or plant communities on the Property and to prevent any use of the Property that will significantly impair or interfere with the natural condition of the Property described above, while allowing the limited uses set forth below. Grantee will not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the purposes of this conservation easement. However, unless otherwise specified below, nothing in this Conservation Easement shall require the Grantee to take any action to restore the condition of the Property after any act of God or other event over which Grantee had no control. Grantee understands that nothing in this Conservation Easement relieves them of any obligation or restriction on the use of the Property imposed by law. ? s 2. PROPERTY USES. Any activity on or use of the Property inconsistent with the purposes of this conservation easement is prohibited. Without limiting the generality of the foregoing, the following is a listing of activities and uses which are expressly prohibited or which are expressly allowed. Grantee and Conservancy have determined that the allowed activities do not impair the conservation values of the Property. Additional rights of Grantee are set forth in Paragraph 3 below. 2.1 Subdivision. The Property may not be divided, subdivided or partitioned, nor conveyed except in its current configuration as an entity. 2.2 Improvements. The Grantee may construct and maintain fencing along the southern and southeast boundaries of the Property which do not border a watercourse, in order to comply with the requirements of the Environmental Protection Agency. With the written approval of Conservancy, Grantee may allow the construction and maintenance of camping platforms on the Property and other structures designed to facilitate the establishment of a recreational "canoe trail" on the Roanoke River. The Grantee may also allow the construction of and maintenance of a natural gas pipeline within the boundaries of the right of way easement conveyed to Virginia Electric and Power Company by instrument recorded in Book B-10, Page 713 of the Martin County Registry. No additional structures or improvements may be placed or constructed on the Property without mutual consent. Furthermore, there shall be no constructing or placing of any airplane landing strip, utility pole, utility tower, conduit or line on or above the Property. 2.3 Recreational Uses. Grantee shall have the right to engage in and permit others to engage in recreational uses of the Property, including, without limitation, hunting, fishing and eco tourism, that require no surface alteration or other development of the land. 2.4 Excavation. Except as necessary to accommodate the activities allowed above, there shall be no ditching, draining, diking, filling, excavating, dredging, removal of topsoil, sand, gravel, rock, minerals or other materials, mining, drilling or 2 Vi}1 PAGE removal of minerals, nor any building of roads or change in the topography of the Property or disturbance in the soil in any manner. 2.5. Fores . With the written approval of the Conservancy, which approval may be withheld at the Conservancy's discretion, the Grantee shall have the right to harvest and plant trees on the Property for the purposes of improving or maintaining the ecological health and diversity of the forest. Any cutting or planting shall be done pursuant to a forest management plan to be agreed upon in - - - writing by the Grantee and Conservancy prior fo harvest or planting activity. 2.6 - -Destruction of Plants, ''Disturbance of Natural Habitat. Grantee shall have the right to cut and remove diseased trees, shrubs, or plants, to cut firebreaks, subject - -to the prior written approval of Conservancy, except that such approval shall not be required in case of emergency firebreaks and to cut trees, shrubs and plants to accommodate the activities allowed in paragraph 2.5 above. There shall be no additional removal, harvesting, destruction or cutting of native trees, shrubs or plants. There shall be no planting of non-native trees, shrubs or plants on the Property. Furthermore, there shall be no use of fertilizers, plowing, introduction of non-native animals, 'or disturbance or change in the natural habitat in any manner. 2.7 Hydrology. There shall be no alteration, depletion or extraction of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies on the Property. 2.8 Signage. No signs or billboards or other advertising displays are allowed on the Property, except that signs whose placement, number and design do not significantly diminish the scenic character of the Property may be displayed to state the name and address of the Property, to advertise or regulate permitted on- site activities, to advertise the Property for sale or rent and to post the Property to control unauthorized entry or use. 2.9 No Biocides. There shall be no use of pesticides or biocides, including but not limited to insecticides, fungicides, rodenticides, and herbicides, except as approved 3 . .,.. BOOK O-1'7 PAGE 8 5 7 by Conservancy to control invasive species detrimental to the conservation values of the Property. 2.10 No Dumping. There shall be no storage or dumping of trash, garbage, or other unsightly or offensive material, hazardous substance, or toxic waste, nor any placement of underground storage tanks in, on, or under the Property; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils. 2.11 No Pollution. There shall be no pollution of surface water, natural water courses, lakes, ponds, marshes, subsurface water or any other water bodies on the Property, nor shall activities be conducted on the Property that would be detrimental to water purity or that could alter the natural water level or flow in or over the Property. 2.12 Commercial Development. Any commercial or industrial use of or activity on the Property, other than those relating to the activities allowed above, is prohibited. 2.13 Pre-existing Rights. This Conservation Easement is subject to the pre-existing rights of third parties which may hold easements or other real property rights in or across the Property. 3. ADDITIONAL RIGHTS OF GRANTEE. Grantee shall have the following additional rights: 3.1 Existing Uses. The right to undertake or continue any activity or use of the Property not prohibited by this Conservation Easement. Prior to making any change in use of the Property, Grantee shall notify Conservancy in writing to allow Conservancy a reasonable opportunity to determine whether such change would violate the terms of this Conservation Easement. 3.2 Transfer. The right to sell, give, mortgage, lease, or otherwise convey the Property subject to the terms of this Conservation Easement. 4. CONSERVANCY'S RIGHTS. To accomplish the purpose of this Conservation Easement, the following additional rights are reserved by Conservancy: 4.1 Right to Enforce. The right to preserve and protect the conservation values of the Property and enforce the terms of this Conservation Easement. 4 BOOK 0-17 PAGE 8 5 8 4.2 Rip-lit of Entrv. The right of Conservancy's staff, contractors and associated natural resource management professionals to enter the Property after prior written notice to Grantee, for the purposes of. (a) inspecting the Property to determine if Grantee is complying with the covenants and purposes of this Conservation Easement; and (b) monitoring and research as described below and (c) management of exotic and invasive species as described below. 4Y .. Monitoring and Research. The right, but not the obligation, to monitor the plant and wildlife populations, plant communities and natural habitats on the Property. - - 4.4 - Management of Exotics and Invasive Species. The right, but not the obligation, to - control, manage or destroy exotic non-native species or invasive species of plants and animals that threaten the conservation values of the Property. Conservancy will consult with Grantee prior to implementing invasive management activities. 4.5 Discretionary Consent. The Conservancy's consent for activities otherwise prohibited or requiring Conservancy's consent under paragraph 2 above, may be given under the following conditions and circumstances. If, owing to unforeseen or changed circumstances, any of the prohibited activities listed in paragraph 2 are deemed desirable by both the Conservancy and Grantee, the Conservancy may, in its sole discretion, give permission for such activities, subject to the limitations herein. Such requests for permission, and permission for activities requiring the Conservancy's consent shall be in writing and shall describe the proposed activity in sufficient detail to allow the Conservancy to judge the consistency of the proposed activity with the purpose of this Conservation Easement. The Conservancy may give its permission only if it determines, in its sole discretion, that such activities (1) do not violate the purpose of this Conservation Easement and (2) either enhance or do not impair any significant conservation interests associated with the Protected Property.. 5. RESPONSIBILITIES OF CONSERVANCY AND GRANTEE NOT AFFECTED. Other than as specified herein, this Conservation Easement is not intended to impose any legal or other responsibility on the Grantee, or in any way to affect any existing 5 obligation of the Grantee as owners of the Property. Among other things, this shall apply to: (a) Taxes - The Grantee shall be solely responsible for payment of all taxes and assessments levied against the Property. (b) Upkeep and Maintenance - The Grantee shall be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. The Conservancy shall have no obligation for the upkeep or maintenance of the Property. 6. ACCESS. No right of access by the general public to any portion of the Property is • conveyed by this Conservation Easement. However, the public has the right to view the Property from adjacent publicly accessible areas such as public waterways. 7. ENFORCEMENT. The Conservancy shall have the right to prevent and correct violations of the terms of this Conservation Easement. With advance written notice the Conservancy may enter the Property for the purpose of inspecting for violations. If the Conservancy finds what it believes is a violation, it may at its discretion take appropriate legal action. Except when an ongoing or imminent violation could substantially diminish or impair the conservation values of the Property, the Conservancy shall give the Grantee written notice of the violation and sixty (60) days to correct it (or to begin good faith efforts to correct in the event the violation is something which cannot be reasonably corrected in sixty days), before filing any legal action. If a court with jurisdiction determines that a violation may exist or has occurred, the Conservancy may obtain an injunction to stop it, temporarily or permanently. A court may also issue an injunction requiring the Grantee to restore the Property to its condition prior to the violation. The failure of the Conservancy to discover a violation or to take immediate legal action shall not bar it from doing so at a later time. The Conservancy shall also have the right to recover any damages arising from the violation. Such damages, when recovered, may be applied by the Conservancy, in its sole discretion, to corrective action on the Property. 8. TRANSFER OF EASEMENT. The parties recognize and agree that the benefits of this easement are in gross and assignable. With the approval of the Grantee, which approval shall not be unreasonably withheld, the Conservancy may transfer or assign this 6 BOOK O-1 ! PAGE 86 0 Conservation Easement to any private nonprofit organization that at the time of transfer, is a "qualified organization" under Section 170(h) of the U.S. Internal Revenue Code, and the organization expressly agrees to assume the responsibility imposed on the Conservancy by this Conservation Easement. If the Conservancy ever ceases to exist or no longer qualifies under Sec. 170(h) or applicable state law, then within five (5) years of such event a court with jurisdiction may transfer this easement to another qualified organization having similar purposes that agrees to -assume the responsibility. 9. TRANSFER OF PROPERTY. Any time the Property, or any interest therein, is • transferred by the Grantee to any third party, the Grantee shall notify the Conservancy in writing at least thirty (30) days prior to the transfer of the Property, and the document of - -- conveyance shall expressly refer to this Conservation Easement. 10. AMENDMENT OF EASEMENT. This easement may be amended only with the written consent of Grantee and Conservancy. Any such amendment shall be consistent with the purposes of this Conservation Easement and shall comply with Sec. 170(h) of the Internal Revenue Code, or any regulations promulgated in accordance with that section, if applicable. Any such amendment shall also be consistent with North Carolina Statutes Section 121-34 et. sec., or any regulations promulgated pursuant to that law. 11. TERMINATION OF EASEMENT. If it is determined that conditions on or surrounding the Property have changed so much that it is impossible to fulfill the conservation purposes set forth above, a court with jurisdiction may, at the joint request of both the Grantee and Conservancy, terminate this Conservation Easement. If condemnation of a part of the Property or of the entire Property by public authority renders it impossible to fulfill any of these conservation purposes, the Conservation Easement may be terminated through condemnation proceedings. At the time of the reservation of this Conservation Easement by the Conservancy, this Conservation Easement gives rise to a real property right, immediately vested in the Conservancy. If the easement is terminated and the Property is sold or taken for public use, then, as required by Sec. 1.170A-14(g)(6) of the IRS regulations, the Conservancy shall be entitled to a percentage of the gross sale proceeds or condemnation 7 conservation purposes of this Conservation Easement. 12. INTERPRETATION. This Conservation Easement shall be interpreted under the laws of North Carolina, resolving any ambiguities and questions of the validity of specific _ . _ provisions so as to give maximum effect to its conservation purposes. 13. INDEMNIFICATION. Each party agrees to hold harmless, defend and indemnify the other from any and all liabilities including, but not limited to, injury, losses, damages, - -- judgments, costs, expenses and fees that the indemnified party may suffer-or incur as a result of or arising out of the activities of the other party on the Property. 14. NOTICES. Any notices required by this Conservation Easement shall be in writing and shall be personally delivered or sent by first class mail, to Grantee and Conservancy, respectively, at the following addresses, unless a party has been notified by the other of a change of address. To Grantee: To the Conservancy: Weyerhaeuser Company Attn: Joe Kloeker, Env. Dir. P O Box 787 Plymouth, NC 27962 1 with copy to: Legal Department -- --- Southern Resource Office The Nature Conservancy 6114 Fayetteville Road, Suite 109 Durham, NC 27713 with copy to: Attn: Barbara Khoury Land Records Weyerhaeuser Company P O Box 1391 North Carolina Chapter THE NATURE CONSERVANCY One University Place, Suite 290 - 4705 University Drive New Bern, NC 28563-1391 Durham, NC 27707 - ............ .. 15. SEVERABILITY. If any provision of this Conservation Easement is found to be. invalid, the remaining provisions shall not be altered thereby. 8 award equal to the ratio of the appraised value of this easement to the unrestricted fair market value of the Property, as these values are determined on the date of this Conservation Easement. The Conservancy shall use the proceeds consistently with the 16. PARTIES. Every provision of this Conservation Easement that applies to the Grantee or Conservancy shall also apply to their respective heirs, executors, administrators, assigns, and all other successors as their interest may appear. 17. RE-RECORDING. In order to ensure the perpetual enforceability of the Conservation Easement, the Conservancy is authorized to re-record this instrument or any other appropriate notice or instrument. 18. MERGER. The parties agree that the terms of this Conservation Easement shall survive any merger of the fee and easement interest in the Property. 19. SUBSEQUENT LIENS ON PROPERTY. No provisions of this Conservation Easement should be construed as impairing the ability of Grantee to use this Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing would be subordinate to this Conservation Easement. RESERVED this Conservation Easement together with all and singular the appurtenances and privileges belonging or in any way pertaining thereto, either in law or in equity, either in possession or expectancy, for the proper use and benefit of The Nature Conservancy, its successors, and assigns forever. TO HAVE AND TO HOLD the said Conservation Easement unto The Nature Conservancy forever. 9 IN WITNESS WHEREOF, The Nature Conservancy has executed and sealed this document on the 3/'0? day of Oc -74C ly1e , 2000. Attest: THE NATURE CONSERVANCY ??--?? (SEAL) By:?c?_? - EAL}:, David Bland Charles R. Bassett IHE .? Vice President Assistant Secretary STATE OF NORTH CAROLINA COUNTY OF DURHAM fit. y, "•Fgtrrnnrn?" ?``• I, j rd Notary Public for said County and State, do hereby certify that DAVID BLATZ personally came before me this day and acknowledged that he is the Assistant Secretary of THE NATURE CONSERVANCY, a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by CHARLES R. BASSETT, its Vice President, sealed with its corporate seal, and attested by himself as its Assistant Secretary. rd WITNESS my hand and official seal, this the 3- day of C4 , 2000. EAL) My commission expires: NOTARY PUB C . 0 oZ ?l U I oZUlJ °°°qun????s?? ? ;?OTA,y G ??,,,i CQv I •.......••'nc?Go,?w 10 ACCEPTANCE WEYERHAEUSER COMPANY, Grantee, hereby executes and seals this document to indicate acceptance of the terms contained herein on this t4,%i day of , 2000. Attest: a :, ??w vF N?Y y r ,.. GRANTEE: WEYERHAEUSER COMPANY j1j4" (SEAL) By: µ .? Its ASSISTANT SECRETARY STATE OF § b?9LI9??1?'tx?q _ COUNTY OFn § I 2c?'J Notary Public for said County and State, do hereby certify that , t1 e c c i c personally came before me this day and acknowledged that s/he is the Q s5i s}ah-?- St- c.r e.-? acU of WEYERHAEUSER COMPANY, a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by mot' k V 1 Pits ice T c e s i d e n?' , sealed with its corporate seal, and attested by 'her self as its ss ? a c r WITNESS my hand and official seal, this the A day of Ile 2000 P68 My o s ion expires: N ARY PUBLIC 10 i 0 0? [nc/shingesm.doc] A /IIINN? ` ?It, op at • 11 tl?\\\\\\???? J Its: v '; 1Z Off' . • ty j 7}j . 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IN '3113 OVO j W0213 03A12130 SRVNIO21000 lke V38V '£ kHdV8f)OIOHd 1V183V 210 0NV S0330 M08J 031101d 38V NMOHS S3NIl 03HSVO 11V 7 "S3NIl 11V .i0 A3A8ns 01313 IVfLLOV NV 30 Ilf1S38 3HI ION SI dVW SIHI 'l :S31ON i I , NOSIUNVH 31S31 N311V S13NVLU kld3MHOJ NO MON A1113WY03 NO MON 9 Yd 8 3 X008 a33a' 1 N1 N3T1V S13NVNJ n3VHN3A3A NV0V3 '0 WVIIIIM AlH3WNO3 NO MON ieMr 809 30Vd L 3 X008 0330 13V2LL XNOA 311V), , '03 HMn3VHM3M lN3mnNO1V lON1N00 1 111U 1jONY? HJ]IOlI H0188D010a 993M OSM NUN S3NOV 99W61 i 099 ad L1-0'80' .- ' AN3 XV3 J0011VA2(3S110O ; :IDVHL dAVMS N013310NIHS i ANVd"Ob N3sn3VHM3A3M " 1 . I i I I cL J ?N - - --- 1 LL UV 13 ? 1Sl a`? ? 5 Rlvl ?. V 12d I pl1M6Rl/K? / R.o.W T 1 i SR I$66 ''lo NORTH I CAROLINA Z - Q MARTIN COUNTY ; P G C? THIS DEED, Made and executed this 7th day of April, 1950, by W. R. Hampton and wife, Rliza H. Hampton, of Washington County, North Carolina, parties of the first part, to North Caro- lina Pulp Company, 8 Delaware Corporation, party of the second part, ' , W I T D,j.T ? S E T ,? parties of the first part, in considera- s THAT THE SAID tion of the sum,of ONE HUNDRED ($100.00) DOLLARS and other valuable considerations,l,to them in hand paid by North Carolina Pulp Com- pany, the receipt of which is hereby acknowledged, have bargained and soldt andiby these presente, do grant, bargain, sell and convey .,to said.NorthAarolina Pulp Company, its successors and assigns, that 'certain tract or parcel of land lying and being in Jamesville TownshiPl Martin County, North,Carolina, adjoining the lands of North. Carolina Pulp Company, and described as follows: Beginning on Roanoke River at a concrete marker, the northwest,corner of that tract of land conveyed by the parties of the fiFat,part'to Kieckhefer Container Company, by deed dated 19371 and of record in Book .5--3, Pages 45 and 628, of- March; 4 Y , „ z' fice of the Register,of Deeds of,Martin County, and running from said northwest !corner South 34 'degrees, 251 West 294 feet along the line.of North Carolina Pulp,;Compsny to a corner; thence North 55 ;degrees 35i l Yest 1529.1 feet along the line of North Carolina Pulp ,Company to, Warren Neck Creek; thence down said creek,to Roano. River;,thence?down the south side of Roanoke River to the beginnin corner, it being that part of the Hattie Thigpen property retained f I ? :by W., R., Hampton at the time he 'executed the foregoing 'deed to Ki eckhefer Container Company as Slade Fishery site and contiguous swampland lying between Slade Fishery and the mouth of Warren Neck Creek* i Itis the intention of the parties of the first part that this deed and the foregoing,deed, executed to Kieckhfer Con- . tainer Company,' shall convey to the party of the second part all i, of thej land owned by the parties of the first part lying between .lower, Warren Neck farm and Warren Neck Creek. Also,, all of the buildings, improvements and fixtures ,that arel,now on the foregoing land. TO?HAVE AND TO HOLD the aforesaid tract or parcel of f j land,I together 'with all rights, privileges and appurtenances thereunto belonging, unto it, the said North Carolina.Pulp Company ,its successors and assigns, to'its only use and behoof forever. And ;the said parties' of.the first part, for themselves and their heirs, executors and administrators, covenant to and i with thei saidNorth Carolina Pulp Company, its successors and assigns, , that) they are seized of, said premises in fee and have a lawfulsright toiconvey the same'in fee simple; that the same are free andeclear from all encumbrances, and that they do hereby j warrant and will forever defend the title to the same against the claims;of all":,persons whomsoever.. TN!WITNESS WHEREOF., the said parties of the first part have hereunto set their hands and affixed their seals, the day and year first above written. (SEAL) I (SEAL) i i WASHINGTON COUNTY f! a Notary Public, do hereby certify: tha W. R. Ham ton and wife, Nliza H. Hampton, per- . so,nally',appeared before me this ' day and acknowledged the due execution oft the foregoing Dee'd-of Conveyance. Witness my hand and: notarial seal, this T / day. of ! April, 1950•i 10a AS, ` otar .Public _ My! commission 'expires ' 7 ? I I it ?I ? 1 I I i !? b U NORTH i CAROLI; A? MART ;X COUNTY The,'foregoing certificate of 2" ?• ?'? EA Notary 'Public of Washington ;County,! North Carolina, with notarial!seal affixed, is adjudged to be correct and in due form. i Let the',±,inatr.umeat, with the; cserti ficates, be registered. If Witness my hand, day of April, 1950. i s t , x 'Z, Y � { T ,. ' 1NORTH !CAROLINA APR1 MART IN? COUNTYL i ?y37 I , ?. I ii;i iii. ! •. i { ? ` kt:.??rl•r , t c i Y } being) 'fihat tract of land ,marked "Kieckhefer Con- taine ;I?Company';-'Hamptb iTracit" o:n'.the snap: hereto: a4ttached and enclosed In (the red line s. i JJI THE SAID 71. R. 'HA APT ON and wife, ElI za H.' Hampton, in conipideratfo'n of t,he' said ;su further release, remi se, 'quit- THIS DEED AND CONVEYANCE, Made and exec?t'7d--s 'day of March, 19 37, by Hampton and Eliza H. Hampton, I I I . I this wife, Martha Hornthal, an Mortgagee, H. D. Bateman, as Trustee,', S. S.I Lawrence,. as Trustee, George W. Hardison and Pearl Hardison, j his wife, and! Branch Banking & Trust Company, parties of the first 1part, to Kieckhefer Container Company, a corporation of the State i i of Delaware, party of the second part, i j W I T N E S S E T H i THAT SAID W. R. HAMPTON and wife, Eliza H. Hampton, in consideration of the sum of ONE HUNDRED 0100.00) DOLLARS and other] valuable Considerations to them in hand paid, the receipt of whioh. is admitted and acknowledged, have 'bargained and sold and do l by these presents bargain, sell, alien, grant and convey unto said Kieckhefer Container Company, i to successors and assigns, all that 1 lot or parcelof land lying and being in Tamesville Township, Martin (Count , North Carolina, adjoining the 'lands of Kate B. York (Blount Land) I and :more particularly described as follows: 4 I 'Beginning at a concrete marker standing by' j ,;'!Twin ;Oaks" at a :corner of the Hampton land in; the ]Line !of Kate D. York, the said corner being designated ;,an ,the',imap hereto- attached as "Twin Oaks" and being a well: known and recognized corner of said Hampton i land, ]and running: thencie?N 59 : 081 ? 495 feet to a, corner; thence S 79° 521 E 445.5 feet; thence N 610 I -081 E 495 feet;, thenceN 73° 381 E 214.5 feet; thence N 80° 081 E 726 i feet; !thence N 24°. 081 E to Roand,ko, Ri ver; !thence iup ;Roanoke River 'to a concrete markelr 25' feet more or:Ile'ss southward from a pier I :at the- flower end ,of; Slade Fishery;, thence b 34° 251 W 294 thence N 55°x:351 47 1529.1 feet to Warren ;the eastmost prong or fork of i Neck C.x:eethence '.up: Warren Neck Creek 800 ;feet more or lass to a con c;retp ? rker' the,;nort?? east: c;ornar of the land !,of' Kate York; thence 151. W 52'1' E 2451 feet to the i ;,c,oncre;t;e marker: aand- "Twin Ceti", the beginning, Land i 11E lai and oonv y unto said ;KiQa?thefer Container!Compan?y, its suo ?I I essors' and i spigns,l all their'xight title; and interest in and to h'at, strip and!! tho se lots "'of lanid lying-between the Hampton land I ` I nd 'the! Lucas land and designa't'ed onl the map ;hereto attached as Xie?ckhefer Cojntainer 'Companyli-'York Parcel" and.. "Public ;Landing I I iTO HAVL AND TO HOLD the aforesaid lots or parcel of Lana' together.'-with !all rights, 'privileges endj:appurteneAces there- into belonging 'unto the 'said Kle.ckhefer Container Company, its 3uc6e!ssors and assigns, to ito ?only ruse and behoof forever. ,! ! iAND THE SAID W.: R., Hampton, for ;himself, his heirs, axedu',tors,andi!administrators,.leovenants to and with said,Kieekhefer Container Company, its successors and assigns, that he is seized of the" first tract of land, hereinabove described, in fee and has a ! that, the same is: free and right to convey the' same in fee simple; II clear from all encumbrances, and that he hereby warrants and will forp$er def lnd the title to' said land against ; the lawful claims of . all parsons !whomsoever.' i i THE SAID Martha' Horntha1 for a valuable considera- I i t!io Jbinsiin the exeoution,of, this conveyance and by: these pre- s'en b fielea?es unto said party of the second part,. its, successors I? andl assignsi':'the lands,' hereinabove: described, from the lien and executed by W!. R. Hampton and wife ope,rhtion of a certain mortgage; to `Martha Hornthal, September, 229' 1931, and recorded in Martin County in Book G-3, Pag.e 169. ; 1 i THE SAID H.''D.';Bateman, Trustee:, for a valuable con- ?r I sic?8Eretlon,) and with 'consent! of Branch B4nking: & Trust Company, 1 joil ns in'th1e !`;execution of'this `conveyance and by these presents releasee unto" said'party of:;the second part, li.ts successors and as- signs', 'the Ill ands, hereinabov6 described, from the lien and operati of a certain! deed of trust!'executed on August 7, 1928, to said H. I Bateman, Trustee, by VV. R.' Hampton and wife and recorded in Martin j County in Book B-3, Page 1. Iy I v !' 1 i i ITHE SAIDH. D. Bateman,, Trustee,)' joins in the execution of this conveyance,':with the consent of George VT. Hardi- sonahd Pearl)'?Hardison, for a'Ivaluable consideration and' by these pre en tsr releases unto said party of, the second part,' its suc- ces?o'rs'andcassigns, the lands; :hereinabove described, from the lieii and operation of a certain'i:dee& off' -trust `exe,cuted on November 29, ;1930, and ;r©corded in Martin Country in Book B-3, Page 590. I iTHE SAID S. S. Lawrenc',e,-' Trustee,. for a valuable consideration :and with the consent,?of Branch-'Yanking & Trust Com- panyjoins in the execution of this; cbnveyance; and by these pre- . sent!s relse se s unto said party of the second part, its successors and assigns,I the lands, hereinabove desdribed,? from the lien and I operation ofl 0 certain deed of 't'rust executed by W. R. Hampton and othe',r to S. S. Lawrence, Txuste:e,' November 28y. 1930, and recorded j in Ma tin County in Book B-3,?'Page 585. THE SAID S. S.' ;Lawrence, Trustee, for a valuable consideration Viand with , consent of Branch Banking & Trust.Comp any, joins in`, the axecution of thi a ',conveyance and by these presents releases:; unto said party of 'the second part, its successors and assi!gnt , the Panda, hereinabove' described, from the lie.n ;and opera- ; I ? I tion? of a ce,rt!ain deed .of 'txu'st !executed' November 28, '1930 to S. S. jLawr}e4{ice, Trustee, by W. R;, Ha?nip?ton and'others, and recorded in Martin County 'in Book 'G 3, Page'' 56. 'THE SAID 'Martha' Hornthal, George, W.' Hardison and wife Poar1 Hardi son'," S. S. Lawrenc e',j Trustee, ' H. D. Bateman,' T}ru stee p and Branch Banking & Trust Company, in consideration of the sum of ONE x,($1.00) DOLLAR and other valuable considerations, do by these presents release, remtse, quit-claim and convey; unto said Kieckhefe: t Container Company all their ri'gh,t, title and interest in and to the land;sl hereinabove described.' , ITT WITNESS V1113REOF, the said parties of the first I art; have hereunto set their hands and affixed their seals the day and :year first above written; and the said Branch Banking & Trust I ' Company has caused these presents to be signed in its name by its President, attested by its Secretary and Cashier and, its corporate { seal to be hereunto 'affixed all by authority of its Board of Diree-i tors ;duly given. ! ? i (SEAL) (SEAL) t) tA SEAL ) f ? • ' ' _(SEAL)' f ! SEAL): (SEAL): tee (SEAL)' ATTL? T ? I ;. rus tee BRANCHI BANKING & TRUST COMPANY By: 46? g::?P9 -a::: President. 1 Seorl tar,Y and Cashier. I NORTHi CAROLIITA ! WASHINGTON COUNTY. w 1 kv--l.? , a Notary Public, herebyi It L cert'ify., tha t, pens onal l appeared before me this day Martha Horn thaI ! (unmarried),` W. R. Hampton and wife, Eliza H. Hampton, George 71. 1 Hardi"son' and; wife, Pearl ;Hardison, and s'eknowledged the due exe- cution of this foregoing l'dQed;;Qd the' said Eliza H., Hampton and Pearl! Hardi s'.on being by Me.' pr34ately, examine d, separa to and, apart from their respective'husbands, touching their voluntary, execution of the same,; do state that they signed the same freely and volun- tarily, without fear or 'compulsi'on of their said husband or any other! person!, and that' they `do 'still voluntarily assent thereto. Witness my hand :and notarial seal, this A4? day of March', 1937.1 I, N ary Pub! is • IG (I My commission expires: I . ` ? III i +IORTH C INA County. I,. _,... -.__., Clerk of the Superior Court the aforesaid o nty, do hereby certify that the due ex- of the f strument has been properly proved, aq of ;appears from foregoing seals and certificates. Therefore let the in- strument, with thecertificates, registered. 1. 6? ,19..... This the- of.- •--••• C. S, J The foregoing certificate of C re nee Lucas, a Notary public, with his notarial seal affixed, and the foregoing certi- ficpte,:-of AgAie s_"Davis, a NotaryI Public,- with her•-notarial seal affixed, are adjudged to be correct and in due form. Let the instruments, with the certificates, be registered. i This the 23rd day of Septemlb,er, 1937. C erk Superior ourt, Martin County,: orth arolina. NORTt CAROLINA WILSON COUNTY, a Notary Public, hereby' certify that personally appeared before me this day S. S. Lawrence,, as Trustee, and H. D. Bateman, as Trustee, and acknowledged the due; execution; of Ithe foregoing 'deed, for the, purpose therein expressed. I further certify that personally appeared before me. I ? s this :,day H. D,. Bateman, who being by me duly. sworn, deposes and says that ,he :is President of Branch. Banking & Trust Company, a banking corporation, 'and that the seal' affixed to the foregoing instrument, , in writing, Vs the corporate seal of the said corporation and that said whiting as signed and sealed by him in behalf of said cor- porati;on by its authority duly, given; and the sai d H. D. Bateman acknowledged 'the said writing to be the act and deed of said cor- porati'on Witness my hand and notarial seal, this.54 day of March1937. i Notary P?iblie. My commies lion' expires: i 1, ! ? ?? ? ?? yet A ?2 Jill, E t 8 ; .ra • ?x os Y ?. 77 At?t PLANT NORTH d ro v? Irro a g? E Z. ro o . IraE Ih IE 11 Pill e ?' ?E???s1Et r a $ ?A r,V t .I• 'S ? .. F?, i + A 11 Air . + ? I x .. , ! .. i ? ' W r: ` '? L .1? . -x ?'? 1r . Y = i '? ? ? i .t .. '+':?f t -?. 1.• V ' :,. t '. ) , !J a ? ? , i . r ? ?,?., 4 r I ? 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TITLE NO 1 ~~e W J Q U r~ ~ U N d ~ a ~ 4.. _ R a-i ILDI >n 'U +4. ~ Tfs Y l SOIL 6 GRAVE AREA +4 \ R Oq P CRETE V ~R a 1 Shf(TfR STO ae~~ REYAIMI YAL .49 4 m1 ' 3 SOIL d GRAVEL AREA 6x2 Llcr srarlon -6.39 su<~ METAL a ~ W° ' EN1.9 BUILDING ° . u F,F.E•= 6.66' 1 z m J tit OR rro n sw,l Illl~y Flf 1'.• 5.51 IdIC. 19J7.C1 ~ - .~YJ s,y~~ r - i_ .~TdL ~ _ N 11 _ I ,°w L x n . 10ic. .l'l ey T D -ml F'rry~~~~4R • H SE Iti... I~" ~ ° 1 ~ a 9I ~ I v ° J m n JZ7' 4. '~T~'' ~ s•RH - e 'GRAVEL RC4 ~.p,~~ L °0~m 83 ~rrt 4 A Ie1K l ° L~IIG; R, W'K s z r &Oki d AVEL ARf. s.r.t.• t.al~ Xr CD D~ ~E! t om- 'Tr "vim °0 CONCRETE C 4 .9/ PROPOSED 36'0 ~ °gz BLOCK IF 30 ELEV.•b.E9' AAILADADEPR ~ WATER INTAKE LIN ISED 36'0 ~ INTAKE LINE W m BUILDING T' ha°,~ F.F.E.- 7.66' '~1 :FR 11:,~9N , Imo. i't'c't m". . H ° DI fi26 ~i: be~9 p, - R{, J m Ik~~'tC . 9 503.53 YEL AREA sE4'"4e~ _ {{~(t&.°~G .0 0. ~ ; ~ -}5.13 ~ 0 Afl 11 L .95 rx s•p Lf'6 ~R 11 )!e ° e IR'1 Ys ~ +7e3 000 ~ F ~ COOLING ul RPri INTAKE wad o n u ) ~ ~ ~ CHEM PREP I "COOL / dG'• ;n BUILDING ~ ~ TDWEA ~`'CODL TOWERS PIS UBSTATION STRUCTURE ~ w~~° TDWER ~>:n ~I,a a: ~ f W s. IS. s' nsl.lxia w - • • 0 ~ •~5 nn rus ul s Sc'~ Rw l t l run sa. lAM u' 000 d OL I G ~i O OWE 0 ~GI~, C C C mlxo torte ~ • • ~ ONCAEiE s ~1~. I Itid I•n L FS ..n.., D ern PUMP DRUM 8 ~ F ~ ~ Aa , ~ Ixe.. e. STI 0 nM• ~ ~ , e'nt I: u,n STORAGE- f ~i + ~t ac ' la OFF ~t a 0 0 0 n nwsc v nssu t ~ ~ I i. a i t t _ ce KF Z 0 0 0 s E;WL~ ~ ~ H rR z ~G ~ ~:a~ in. o W.e RAMPS 1WLa IR` su ea n3 iii - - 5 Ir:~d..mY"'L ~ J nd V ~ ~ i..l~ Ic. >Grs IOh, SUAP ~ ~l:a I ~ E i ~;,q la: err 9 ~ ~ m Ic his S W Z I.~ ro SK 1 MMER ~ i" WE K I TANK i ~ ~ ~ / ~ OYR AIR lAN iun ~ I,~`I a 1 W W txiu~ I:a~ BLA K ~:zn iaea 000000 uu uA ~ n le ~ F t' U U n n n n ' ~---L nm.~ - a Q m[mC "cvERHEM~PLATFOR4 ONCRETE 6 - J' R'` ~ _ ~ ~i - I L I Q OR 1 g~$g~g METAL BUILDING ~ V s.4s«swM F.F.E. = 11 . 9 ,Re - ~ ' PU P MI . ~ t, U s'u W IA is rooooo . ~ t ~ , ' cd. g 1 c• ~a o i• J itq• W teo ts~ / / • / 1 • P I I IR' S R~ ~ O 1R R i Y i i ~ r M in oa-1-~R R h1 0 0 0 O.Y ~ ss r I µ E* b pits i ~a6~ag4~ s~ '~aNT TURBINE s.ws.s«ws. II •00000 NZ i4LLL1 Wp @<<; ~g W . oW r~ 0 0000000, ouonno .,~~M~ ww~~4w P A P P 000000 A L N AK AN L tititiie~ N AN L FgI'c<< m 0 100 200 300 ~€88~F F<<<<< s. s„sn s.4s. 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PROJECT TITLE a MORRISVILLE, NORTH CAROLINA 21550 D~0 1 ~CCC 27550 WHOLE OR PART WITHOUT WRITTEN DATE 1_29_02 WEYERHAEUSER PROJECT NO. BE&K PROJECT NO. SALT WATER INTRUSION STUDY PERMISSION. _ LL-'N6C0 ~ N_N ~ L l Z 000 d APP. PROJECT ENG. 50-01-2125 B.E.& K.DRAWING NO. SCALE APPROVAL DATE DRAWING NO. REV C3 w3u°... p w O LL A 1-29-02 RELEASED WITH CLASS 40 ESTIMATE 1'=100'-0' A 12 K M i ? I I A I ~7N I DEPT-AREA FILE DRAWER SHEET I -7 I o 1 n e I t! ! 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