HomeMy WebLinkAbout20090080 Ver 2_Approval Letter_20100127lph
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 27, 2010
Mr. Ken Williams
Spring Creek Timber Company, LLC
3313 Highway 70 East
New Bern, NC 28560
Dee Freeman
Secretary
Re: Pamlico No. 12 Tract, Pamlico County
DWQ Project No. 20090080, Ver. 2; USACE Action ID. No. SAW 2009-01409
Spring Creek [030413, 27-150-26-1, SA, HQW, NSW]
Approval of 401 Water Quality Certification, and Authorization Certificate per the Neuse River'
Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions
Dear Mr. Williams:
Attached hereto is a copy of Certification No. 3816 issued to Mr. Ken Williams and Spring Creek Timber
Company, LLC, dated January 27, 2009. This letter shall also act as your approved Authorization Certificate
for impacts to the protected riparian buffers per I SA NCAC 2B .0233. In addition, you should get any other
federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste,
Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed
regulations.
If we can be of further assistance, do not hesitate to contact us.
CHS/cbk/ym
Attachments: Certificate of Completion
Sin rely,
Coleen Sullins
cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789
Kim Williams, LMG, Inc., P.O. Box 2522, Wilmington, NC 28402
USACE Washington Regulatory Field Office
Roberto Scheller, DWQ, Washington Regional Office
DLR, Washington Regional Office
Doti- Hugyett, DrM
Stephen Rynas, DCM
Anne Deaton, DMF. P.O. Box 769, Morehead City, NC 28557
File Copy
Filename: 090080Ver2PamlicoNol2Tract(Pamlico)401_NBR_IC
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http:/Ih2o,enr.state.nc.us/ncwetlands/
North Carolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Mr. Ken Williams and Spring Creek Timber Company, LLC
Page 2 of 4
January 27, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and
957217 of the United States and subject to the North Carolina Division of Water Quality (DWQ) Regulations in
15 NCAC 21-1, Section .0500 to Mr. Ken Williams and Spring Creek Timber Company, LLC, to fill or otherwise
impact 3.79 acres of 404/wetland (2.70 acres of impact have already occurred under a Forestry Management
Plan, and the remaining 1.09 acres of impact have not been conducted), and 5,663 square feet of Zone 1 Neuse
River basin protected riparian buffers and 6,534 square feet of Zone 2 Neuse River basin protected riparian
buffers in the Neuse River Basin, in association with the construction proposed road to access upland islands at
the site and construction of two approximately 120'x56' cabins at the site which is located east of NCSR 1327
south of the community of Florence, southeast of Bayboro, adjacent to Spring Creek, Long Creek, Swan Creek
and broad Creek, in Pamlico County, North Carolina, pursuant to an application filed on the 23`d of November,
2009, and received by the DWQ on the 25th day of November 2009, and by Public Notice issued by the USACE
on the 296' day of July, 2009, and received by the DWQ on July 29, 2009, and by all additional information
received by the DWQ on December 14, 2009, January 7, 2010 and January 21, 2010.
The application and supporting documentation provides adequate assurance that the proposed work will not
result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore, the State of
North Carolina certifies that this activity will not violate the applicable portions of Sections 301, 302, 303,
306, 307 of PL 92-500 and PL 95-217 if conducted in accordance with the application, the supporting
documentation, and conditions hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and as described
in the Public Notice and additional information received by DWQ. If the project is changed, prior to
notification a new application for a new Certification is required. If the property is sold, the new owner must
be given a copy of the Certification and approval letter and is thereby responsible for complying with all
conditions of this Certification. Any new owner must notify the Division and request the Certification be
issued in their name. Should wetland or stream fill be requested in the future, additional compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from
the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the
DWQ shall be notified in writing and a new application for 401 Certification may be required. For this
approval to be valid, compliance with the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions
of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including
incidental impacts:
Type of Impact Amount A"royed (Units). Plan Location or Reference
404/401 Wetlands 3.79 [(acres) 2.70 acres of impact Application and Public Notice
have already occurred under a
Forestry Management Plan, and the
remaining 1.09 acres of impact have
not been conducted
Buffers Zone 1 5,663 (square feet) Application and Public Notice
Buffers Zone 2 6,534 (square feet Application and Public Notice
Mr. Ken Williams and Spring Creek Timber Company, LLC
Page 3 of 4
January 27, 2010
Sediment and Erosion Control:
2. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such Best Management Practices in order to
protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of
the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or
leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the
footprint of the impacts depicted in the 404/401 Permit Application. All construction activities, including
the design, installation, operation, and maintenance of sediment and erosion control Best Management
Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur;
4. Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval
from the Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, design and placement of temporary erosion control measures
shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks,
adjacent to or upstream and down stream of the above structures. All sediment and erosion control
devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Land Resources or locally delegated program has released the
project.
Continuing Compliance:
5. Mr. Ken Williams and Spring Creek Timber Company, LLC, shall conduct construction activities in a
manner consistent with State water quality standards (including any requirements resulting from
compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State
law and federal law. If the Division determines that such standards or laws are not being met (including
the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, the Division may reevaluate and modify this
Certification to include conditions appropriate to assure compliance with such standards and requirements
in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify
Mr. Ken Williams and Spring Creek Timber Company, LLC, and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing
in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Ken
Williams and Spring Creek Timber Company, LLC, in writing, shall be provided to the United States
Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water
Act, and shall also become conditions of the 404 Permit for the project;
Mr. Ken Williams and Spring Creek Timber Company, LLC
Page 4 of 4
January 27, 2010
6. Mitigation Plan
As stated in your Project Narrative, dated November 2009, you will be restoring 4.7 acres of wet pine flat
on site by removing an existing road and filling roadside ditches and preserving 14.25 acres of wetlands.
The proposed mitigation plan represents a 5:1 mitigation ratio. This mitigation plan is deemed an
acceptable mitigation plan by the DWQ.
Other conditions:
7. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters
and protective buffers in order to assure compliance for future wetland, water and buffer impact. These
mechanisms shall be put in place at the time lots or properties are recorded. A sample deed notification
can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands/documents/wet buf compl.pdf. The text of the sample deed
notification may be modified as appropriate to suit to this project.
8.; Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow in a diffuse
manner at non-erosive velocities through the entire protected stream buffers without re-concentrating. If
this is not possible it may be necessary to provide stormwater facilities that are considered to remove
nitrogen since the project is in the Neuse River Basin.
9. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate
of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water
Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650.
Also, this Approval to proceed with your proposed impacts or to conduct impacts to waters as depicted
in'your application shall expire upon expiration of the 404 or CAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request
within sixty (60) days following receipt of this Certification. This request must be in the form of a written
petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to
an! original Certification, you have the right to an adjudicatory hearing on the modifications upon written
request within sixty (60) days following receipt of the Certification. Unless such demands are made, this
Certification shall be final and binding.
This the 27 h day of January 2010
DIVISION OF WtA ER LITY
C leen Sullins
CHS/cbk/ijm
38'16