20090080 Ver 2_Approval Letter_20100406

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NCDE R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
April 6, 2010
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 - REVISED
Dear Sir or Madam:
Attached hereto is a copy of Certification No. 3816 issued to Spring Creek Timber Company, LLC, dated
April 6, 2010. This letter shall also act as your approved Authorization Certificate for impacts to the
protected riparian buffers per 15A NCAC 2B .0233. This Certification replaces the Certification
issued to you on January 27, 2010. 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/ijm
Attachments: Certificate of Completion
i Sincer y,
oleen 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
Doug Huggett, DCM
Stephen Rynas, DCM
Anne Deaton, DMF. P.O. Box 769, Morehead City, NC 28557
File Copy
Filename: 090080Ver2PamlicoNol2Tract(Pamlico)401_NBR IC_Revised
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorthCaro]ina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
Spring Creek Timber Company, LLC
Page 2 of 5
April 6, 2010
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-
500 and 95-217 of the United States and subject to the North Carolina Division of Water Quality (DWQ)
Regulations in 15 NCAC 2H, Section .0500 to 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 25`h day of November 2009, and by
Public Notice issued by the USACE on the 29 h 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 21-1.0506 (h) (6) and (7).
If any plan revisions from the approved site plan result in a change in stream or wetland impact or an
increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401
Certification may be required. For this approval to be valid, compliance with the conditions listed below
is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general
conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are
approved including incidental impacts:
Type of Impact Amount Approved nits Plan Location or Reference
404/401 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
Spring Creek Timber Company, LLC
Page 3 of 5
April 6, 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:
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 Spring Creek Timber Company, LLC, and the US Army Corps of Engineers,
provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public
hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to
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;
Spring Creek Timber Company, LLC
Page 4 of 5
April 6, 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:
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/ncwetiands/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 CAA IA Permit.
If you wish to contest any statement in the attached Certification you must file a petition for an
administrative hearing. You may obtain the petition form fium the office of Administrative heaiings.
You must file the petition with the office of Administrative Hearings within thirty (30) days of receipt of
this notice. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one
(1) copy of the petition must be filed with the Office of Administrative Hearings. 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.
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Spring Creek Timber Company, LLC
Page 5 of 5
April 6, 2010
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 6`h day of April 2
DIV ONO W TER LITY
191? oleen Sullins
CHS/ijm
3816