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HomeMy WebLinkAbout20081312 Ver 1_401 Application_20110211CZR INCORPORATED ENVIRONMENTAL CONSULTANTS THREE PALMS CENTER 2151 ALTERNATE A1A SOUTH SUITE 2000 JUPITER, FLORIDA 33477-3902 TEL: (561) 747-7455 FAX: (561) 747-7576 TO: NCDENR DWQ, Wetland Permitting DATE: 2/23/11 ADDRESS: 512 N. Salisbury St.. 9th floor. Ste. 942 JOB: CP1745-59-32 Raleigh, NC 27604 ATTENTION: Ian McMillan WE ARE SENDING YOU: ® Attached ? Under separate cover via the following items: ? Shop Drawings ? Printsd Plans ? Samples ? Specifications ? Copy of letter ? Change Order COPIES DATE NO. DESCRIPTION 1 2/23/11 1 Original - PCN for P and U Lands Restoration Site, Phase 1, for NCDENR DWQ 4 2/23/11 2 Additional Copies - PCN for P and U Lands Restoration Site, Phase 1, for NCDENR DWQ THESE ARE TRANSMITTED: as checked below ® For approval ? Furnish as submitted ? For your use ? Furnish as corrected ? As requested ? Revise and resubmit ® For review and comment ? Resubmit copies for approval ? Submit copies for distribution ? Return corrected prints REMARKS: COPY TO: SIGNE?? &O-L James M. Hudge , President WorcRjobMl745\5 WX0223mcmillantranmittal 1 1 1 1 1 1 1 1 1 1 ZR n INCORPORATED THREE PALMS CENTER 2151 ALTERNATE Al A SOUTH SUITE 2000 JUPITER, FL 33477-3902 ENVIRONMENTAL CONSULTANTS 22 February 2011 Ian McMillan 401 Coordinator NCDENR, Division of Water Quality Wetland Permitting Unit 512 North Salisbury Street 9th Floor, Suite 942 Raleigh, NC 27604 RE: PCN for P and U Lands Restoration Site, Phase 1 1 1 1 1 1 1 1 1 Dear Mr. McMillan: TEL 561/747-7455 FAX 561/747-7576 czrinc@czr-inc.com Enclosed is the subject PCN (form) and supporting documents for the first 996± acres of the overall 3,687± acre P Lands and U Lands mitigation required by 401 Certification No. 2008-0868 issued by DWQ for the PCS Phosphate Mine Expansion. The proposed action is to allow the stump and timbering slash removal in the northern section of Phase 1 where there are wetlands delineated between the ditches. The mitigation plan is being developed and will be submitted for DWQ and Corps approval during summer 2011. Our Wilmington office is scheduled for a jurisdictional review with Ms. Amy Adams, WARD, on 04 March 2011. As your schedule allows, we would like to meet with you to review the submittal and answer any questions you might have. We look forward to seeing you soon. Please telephone me in the interim with any question or request. I am, 4709 COLLEGE ACRES DRIVE • SUITE 2 • WILMINGTON, NORTH CAROLINA 28403 TEL 910/392-9253 • FAX 910/392-9139 • czrwilm@czr-inc.com 1 1 1 Mr. Ian McMillan 22 February 2011 Page Two JMH/tjb 1 Attachments 1 I I ¦ ¦ ¦ ¦ ¦ 1 Cc: Jeffrey C. Furness, PCS Phosphate David K. Lekson, USACE Julia Berger, CZR Incorporated Sam Cooper, CZR Incorporated Jonathan T. Ricketts CP1745-59-32 Sincerely yours, Incorpor President en WpdocsN745Z%3210222McMillan letter ¦ 1 1 1 1 1 1 1 1 1 1 1 1 4. Applicant Information (if different from owner) 4a. Applicant is: ? Agent ? Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: Page 2 of 11 PCN Form - Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 15026401, 15026897 1 b. Site coordinates (in decimal degrees): Latitude: 35.244833 Longitude: 76.768017 (DD.DDDDDD) (DD.DDDDDD) 1 c. Property size: 996 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Gum Swamp Run proposed project: 2b. Water Quality Classification of nearest receiving water: C; Sw, NSW 2c. River basin: 03020104 unit of Tar-Pamlico 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Approximately 2,140 acres south of the Pamlico River and southeast of Aurora are owned by PCS Phosphate Company, Inc. (PCS) and approximately 760 acres are owned jointly by PCS and Weyerhaeuser Company (Weyerhaeuser). These 2,900 acres are part of a larger series of parcels collectively called the P Lands. The 787-acre U Lands portion of the P and U Lands Restoration Site are located west of the P Lands and are owned completely by PCS. Phase 1 (the subject application) of this proposed restoration project contains 996 acres within the 2,140 acres owned entirely by PCS. Figure 1 depicts the area delineated as Phase 1 on the Aurora NC USGS quadrangle and also shows two future phases of the restoration of the P and U Lands. Figure 2 depicts the soils of the Phase 1 area, Figure 3 depicts the UDAR contours of the P Lands, and Figure 4 depicts existing drainage features of the P and U Lands. Most of the Phase 1 area was in silviculture of variably aged stands of loblolly pine (Pinus taeda) in ditched hydric organic soils and has recently been timbered. The surrounding land uses of the P and U Lands and the Phase 1 area include wetland mitigation, silviculture, and agriculture. 3b. List the total estimated acreage of all existing wetlands on the property: +/- 162 acres within P Lands, Phase 1 (Figure 5 and Exhibit A). 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 linear feet of stream with +/- 37,643 linear feet of waters of the US (roadside ditches/canals) (Figure 5 and Exhibit A). 3d. Explain the purpose of the proposed project: The overall purpose of the project is to restore the Phase 1 area of the P Lands to the historic contours of the riparian headwater system of Gum Swamp Run, including a low-energy stream and adjacent non-riparian wet hardwood forest (See Figure 6 - Conceptual Plan). 3e. Describe the overall project in detail, including the type of equipment to be used: Restoration (re-establishment) will occur in the non-jurisdictional areas and in those areas affected by the lateral effects of ditches within the partially drained jurisdictional areas. Enhancement (rehabilitation) will occur in the portions of the sections/cut within the partially drained jurisdictional areas unaffected by lateral ditch effects. See Figure 5, Jurisdictional Areas to be Disturbed and Figure 6, Conceptual Plan for East Basin. The project will involve a minimal amount of earthwork to fill ditches and canals, and minor grading adjacent to the Gum Swamp Run headwater stream/valley restoration. Recontouring of the site is not required. The site will support a complex of non-riparian wetlands within the historic riparian headwater system of Gum Swamp Run. Timbering and stump removal will result in surface roughness that is anticipated to retard runoff of rainfall and allow the recharge of surface water into the soil. To minimize compaction, construction equipment expected to be used for ditch filling and reshaping of the perimeter consists of low ground pressure (LPG) tracked backhoes and bulldozers. Page 3 of 11 PCN Form - Version 1.3 December 10, 2008 Version 1 1 1 1 1 1 1 1 1 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary ? Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: CZR Incorporated Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Corps Preliminary JD for entire 2,900-acre P Lands, signed 16 August 2010, is attached as Exhibit A. 5. Project History 5a. Have permits or certifications been requested or obtained for ? Yes ® No ? Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ® Yes ? No 6b. If yes, explain. Project will occur in three phases over a three year period. See Figure 1. Page 4 of 11 PCN Form - Version 1.3 December 10, 2008 Version 1 1 1 1 1 1 1 1 1 C. Proposed Impacts Inventory 1. Impacts Summa 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ? Streams - tributaries ? Buffers ®Open Waters ? Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then com lete this question for each wetland area impacted . 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non-404, other) (acres) Temporary T W1 ? P ® T ? Yes ® Corps 21 ® No ? DWQ W2 ? P ®T ? Yes ® No ® Corps ? DWQ 22 W3 ? P ®T ? Yes ® Corps 22 ® No ? DWQ W4 ? P ®T ? Yes ® Corps 22 ® No ? DWQ W5 ? P ®T ? Yes ® Corps 20 ® No ? DWQ W6 ? P ®T ? Yes ® Corps 20 ® No ? DWQ W7 ? P ® T ? Yes ® Corps 19 ® No ? DWQ W8 ? P ®T ? Yes ® Corps 11 ® No ? DWQ W9 ? P ®T ? Yes ® Corps 5 ® No ? DWQ 2g. Total wetland impacts 162 2h. Comments: This project is for wetland restoration and enhancement only. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non-404, width (linear Temporary T INT ? other feet feet S1 ? P ? T ? PER ? Corps ? INT ? DWQ S2 ? P ? T ? PER ? Corps ? INT ? DWQ S3 ? P ? T ? PER ? Corps ? INT ? DWQ S4 ? P ? T ? PER ? Corps ? INT ? DWQ S5 ? P ? T ? PER ? Corps ? INT ? DWQ S6 ? P ? T ? PER ? Corps ? INT ? DWQ 3h. Total stream and tributary impacts 3i. Comments: Page 5 of 11 PCN Form - Version 1.3 December 10, 2008 Version 1 1 1 1 1 1 1 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individual) list all open water impacts below. 4a. Open water impact number - Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ® P ? T fill agricultural ditch 0.12 02 ® P ? T fill agricultural ditch 1.22 03 ® P ? T fill agricultural ditch 0.7 04 ® P ? T fill agricultural ditch 0.7 05 ® P ? T fill agricultural ditch 0.5 06 ® P ? T fill agricultural ditch 0.03 07 ® P ? T fill agricultural ditch 0.6 08 ® P ? T fill agricultural ditch 0.5 09 ® P ? T fill agricultural ditch 0.6 4L Total open water impacts 4.97 4g. Comments: 5. Pond or Lake Construction If and or lake construction proposed, then complete the chart below. 5a. Pond ID 5b. Proposed use or purpose 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland acres number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5L Total 5g. Comments: 5h. Is a dam high hazard permit required? ? Yes No if yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version F 1 1 1 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If an impacts require mitigation, then you MUST fill out Section D of this form. 6a. ? Neuse ® Tar-Pamlico ? Other: Project is in which protected basin? ? Catawba ? Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re wired? B1 ?P?T ?Yes ? No B2 ?P?T ?Yes ? No B3 ?P?T ?Yes ? No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. N/A. Proposed project is mitigation. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Avoidance and minimization is not applicable here. Notwithstanding tracked equipment will be used to minimize compaction of soils. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ? Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ? DWQ ? Corps 2c. If yes, which mitigation option will be used for this ? Mitigation bank ? Payment to in-lieu fee program project? ? Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. ? Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ? warm ? cool ?cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 7 of 11 PCN Form - Version 1.3 December 10, 2008 Version F u 1 0 1 n 1 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) - required by DWO 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ? Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 8 of 11 PCN Form - Version 1.3 December 10, 2008 Version L' 1 0 1 1 1 F 0 U E. Stormwater Management and Diffuse Flow Plan (required by DWO) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ? Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ? Yes ? No Comments: 2. Stormwater Management Plan No significant changes in impervious surface are anticipated. 2a. What is the overall percent imperviousness of this project? Impervious surfaces as existing and proposed roads comprise a site total less than 1 percent. 2b. Does this project require a Stormwater Management Plan? ? Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This project is exempt. See exemption letter dated 26 October 2010, Exhibit B. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ? Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ? DWQ Stormwater Program ? DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Beaufort County ? Phase II 3b. Which of the following locally-implemented stormwater management programs ? NSW ? USMP apply (check all that apply): ? Water Supply Watershed ? Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes ? No attached? 4. DWQ Stormwater Program Review ? Coastal counties ? HQW 4a. Which of the following state-implemented stormwater management programs apply ? ORW (check all that apply): ? Session Law 2006-246 ? Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ? Yes ? No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ? Yes ? No Page 9 of 11 PCN Form - Version 1.3 December 10, 2008 Version 1 u 1 1 1 fl 1 0 1 1 1 0 5b. Have all of the 401 Unit submittal requirements been met? ? Yes ? No F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ? Yes ® No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ? Yes ? No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ? Yes ? No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after-the-fact permit application? ? Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ? Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 10 of 11 PCN Form - Version 1.3 December 10, 2008 Version 1 1 1 1 1 1 1 1 1 1 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or Yes ? ®No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ? No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ® Raleigh ? Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS letter dated 11 March 2009 and NCNHP letter dated 13 March 2009, Exhibit C. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ? Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Site contains no jurisdictional streams, or freshwater marsh, or coastal marsh, or bottomland hardwoods. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ? Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Letter dated 20 March 2009 from NCSHPO, Exhibit D. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ? No 8b. If yes, explain how project meets FEMA requirements: There is no proposed change in storage within the basin. 8c. What source(s) did you use to make the floodplain determination? Design calculations referenced to FEMA database. c? James M. Hudgens 2IZ?l? Applicant/Agent's Printed Name a t/ ge s i natur Date (Agent's signature is valid only if an a th riza 'on I er from the applicant is rovi Page 11 of 11 PCN Form - Version 1.3 December 10, 2008 Version 1 1 1 1 1 1 1 1 1 EXHIBIT A Corps Preliminary JD, signed 16 August 2010 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 EXHIBIT A PRELIMINARY JURISDICTIONAL DETER.VI INATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERNIINATION (JD): 10 August 2010 B. NAME AND ADDRESS OF PERSON REQUESTING PRELLMINARY JD: Mr. Jeff Furness, PotashCorp, 1530 NC HWY 306 South, Aurora, NC 27806 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-W; P-Lands Mitigation Project, Action ID SAW 2008-02889 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 2,883 acres located off the west side of Bay City Highway, south of the community of Royal and just south of the Bay City Farm Nlitiaation Site, adjacent to South Creek, in Beaufort County, NC. P- Lands is part of the proposed compensatory mitigation package for the PCS Phosphate mine continuation permit SAW 2001-10096. 1. State: NC County: Beaufort City: AURORA 2. Center coordinates of site (lat/long in degree decimal format): Lat. 35.244833 ; Long. -76.768017 3. Name of nearest waterbody: South Creek 4. Identify (estimate) amount of waters in the review area a. Non-wetland waters: linear feet 9 ? /width (ft) and/or acres. i) Cowardin Class (es): ii) Stream Flow: P6rennial b. Wetlands: $$ acres. i). Cowardin Class (es): PF06Cd- Palustrine Forested Seasonally Flooded Partially DrainecUDitched PF07B- Palustrine Forested Evergreen Saturated PFOl/4A- Palastrine Forested Broad Leaved Deciduous Needled Leaved Evergreen Temporarily Flooded PF0617B- Palustrine Forested Deciduous Broad Leaved Deciduous Evergreen Saturated PFOIA- Palustrine Forested Broad Leaved Deciduous Temporarily Flooded PF06/7B- Palustrine Forested Deciduous Evergreen Saturated PFOIB- Palustrine Forested Broad Leaved Deciduous Saturated PF06/7Bd- Palustrine Forested Deciduous Evergreen Partially Drained/Ditched PF04B- Palustrine Forested Needle Leaved Evergreen Saturated PSS6/7B- Palustrine Scrub Shrub Deciduous Evergreen Saturated 1 1 7. Name of onsite water bodies identified as Section 10 waters: &/A ? Tidal Non-Tidal 1 J 1 1 1 r. 1 EXHIBIT A E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ? Office (Desk) Determination / Date: Field Determination /Date(s) Ol Apr 7008, 19 4ug 008, 2A1 8200&; 2?Aua?008: 02Sep2648, IOOct20a8 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected parry who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (MST') or other general permit verification requiring "pre-construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e. g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and preci:ides any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(x)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the sit;:, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. ' EXHIBIT A ' This preliminary JD finds that there "may be" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: This wetland determination was undertaken pursuant to the 1987 Corps 'of Engineers Wetland Delineation Manual "and prig to the implementation of the Interim Regional Supplement to-the Corps of E ngiimers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Regum. All necessary_parameterswere evaluated and documentedon the ' appropriate data forms. Waters of the United States determinations were documenfed based on the presence of an4ordina yltigh water mark pursuant to Regulatory Gelid nce Letter 05-05, Ordinary;High Dater Yfark (QFIIJTV ldentification- F. SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, ' appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the ' applicant/consultant: Ms. Julia Berger,/CZR Incorporated ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ' ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ?U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ' ? USGS 8 and 12 digit HUC maps. ? U.S. Geological Survey map(s). Cite scale & quad name: ' ® USDA Natural Resources Conseivation Service Soil Survey. Citation: ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: ' ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs Z Aerial (Name & Date): or ? Other (Name & Date): ' ® Previous determination(s). File no. and date of response letter: ? Other information (please specify): ' IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. --U4 ff - 0, Jxtvc/z ;i, ' Signature and date S M ate Regulatory Project Manager Person questing preliminary JD t (REQUIRED) (REQUIRED, unless obtaining the signature is impracticable) 1 1 0 8 m c N Z M ? ? ha Of Q V ?' z a ui m Z m go 1 2 av z X Q W 0 W a z m o V O Q Z -0 a. En LJ Q U a wozr Q.' >> ? U\f/1a Z?UZ 3MOxo Q Q '? rc °aw a?? 77??i m oD .?..a<wo Wow Z Z m poo ° on, -ID- 0 Q W C aam LLJ al? .. F M °Z ?ow3 V Cr CL 0 a f, o O°0ZO a,°,ri°- d U) CZA D C) z ?+ rx 3i v y x?pI d Q I t a o? a'°? Zow? ? 0 ; a V) 3 z 3 Ln 4ZQm >° w z QJW muao o?z0mui O'wo 3 - r o<0 ?oE Z _ 'L Z \ fi K fi?y ?. mx ENO Y/ _° ?' V VI c5 °Z a- N °OOL :2 d ?_ Nod L,Z NSW -Qd - S ° N6? Qr" Q o C ? VIK\mm SOUK Zw, U Om OU;i_ JI/?Sw W ?3o3O &zw? Q 1- oowz a woo V n az¢ z arzU 0 i, .Y ?} *' a ",ass V EXHIBIT B ' Stormwater Exemption Letter dated 26 October 2010 1 1 1 1 1 1 1 1 1 1 ' Beverly Eaves Perdue Governor V* EXHIBIT B NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Dee Freeman Director Mr. Jeffrey Furness, Sr. Env. Scientist ' Potash Corp 1530 NC Hwy 306 South Aurora, Nc 27806 1 Dear Mr. Furness: October 26, 2010 Secretary Subject: EXEMPTION from Stormwater Management Permit Regulations SEC Plan Approval / CAMA Major- Dredge & Fill / Bulkhead / Pier P & U Lands - Appliation 1 ( Wetland Restoration Project ) Stormwater Project No. SW7100910 Beaufort County ' The Washington Regional Office received a copy of your SEC Plan FRO form for your proposed clearing and grading for the wetland restoration project named P & U Lands - Application 1, on September 16, 2010 with a request for an exemption from state stormwater permitting received on October 26, 2010. Staff review of the plans and specifications ' has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality ' threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000 and SL 2008-211. For this reason, we are informing you byway of this letter that your project will not require a State Stormwater management permit at this time. ' The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Any ' construction on the subject site, prior to receipt of the required permit, will constitute a violation of 15A NCAC 2H.1000 and SL 2008-211 and may result in appropriate enforcement actions by this Office. ' Please keep in mind that this determination does not affect your legal requirements to obtain other permits which may be required by the Division of Water Quality, the Division of Land Resources, Coastal Area Management Act or any other Federal, State or Local Government. ' Please reference the Stormwa ter Project Number above on all correspondence. If you have any questions or need additional information concerning this matter, please contact Scott Vinson at (252) 946-6481. ' Si cerely, Al odge ?. Regional Supervisor Washington Regional Office 1 AH/ sv: K:\SAV\STORMWATER\EXEMPT\SW71009.10 ' cc: Washington Regional Office North Carolina Division of Water Quality Intemet: www.ncwaterquality.org One ' 943 Washington Square Mall Phone: 252-946-6481 \ FAX: 252-946-9215 NorthCarolina Washington, NC 27889 FAX: 252-946-9215 An Equal Opportunity \ Affirmative Action Employer Naturally EXHIBIT C USFWS Letter dated 11 March 2009 and NCNHP Letter dated 13 March 2009 1 1 1 1 1 u EXHIBIT C ?I 1 i C? Pq? N OF ry?yam 7 W A M4RCH s ?0°? United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 March 11, 2009 Caroline Reddy CZR Incorporated 2151 Alternate A I A South, Suite 2000 Jupiter, Florida 33477-3902 t)° Dt,;,re: .ro,`1 Snccie_ c Rev--v., ofD-La:lds \Ti "' Ci:a I : too Z...?,. ?•_- RECEIVED Ti" MAR 1 6:1 ??wN, C"TEE ' Dear Ms. Reddy: ' This letter is to inform you that a list of all federally-protected endangered and threatened species with known occurrences in North Carolina is now available on the U.S. Fish and Wildlife Service's (Service) web page at http:/'/www.fws.gov/raleigh. Therefore, if you have projects that ' occur within the Raleigh Field Office's area of responsibility (see attached county list), you no longer need to contact the Raleigh Field Office for a list of federally-protected species. ' Our web page contains a complete and frequently updated list of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), and a list of federal species of concern' that are known to occur in ' each county in North Carolina. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any ' federally-listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally-protected species list, information on the ' species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http:,,'/www.Rvs.gov/raleigh. Please check the web site often for updated information or changes. 1 i The term "federal species of concern" refers to those species which the Service believes might be in need of ' concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to ' federal species ofconcern. EXHIBIT C If your project contains suitable habitat for any of the federally-listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine ' the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surve s y . ' If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally-protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects ' of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an t Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel ' conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above-referenced project, we offer the following remarks. Our comments are ' submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. Based on the information provided and other information available it appears t that the proposed t action is not likely to adversely affect any federally-listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for ' your project. Please remember that obligations under section 7 consultation must be reconsidered if (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is ' subsequently modified in a manner that was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action . However, the Service is concerned about the potential impacts the proposed action might have ' on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, ' including implementing directional boring methods and stringent sediment and erosion control measures. An erosion and sedimentation control plan should be submitted to and a roved b pp y the North Carolina Division of Land Resources, Land Quality Section prior to constriction. ' Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down-gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. ' The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/sleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. ' We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). ' 2 t EXHIBIT C 1 We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general cotTespondence for species' lists. If you have any questions or comments, please contact Mark Bowers of this office 1 at (919) 856-4520 ext. 19. Sincerely, 1 Pete Benjamin -,-/Field Supervisor 1 1 1 1 1 1 1 1 1 1 3 EXHIBIT C List of Counties in the Service's Raleigh Field Office Area of Responsibility Alamance Beaufort Bertie Bladen Brunswick Camden Carteret Caswell Chatham Chowan Columbus Craven Cumberland Currituck Dare Duplin Durham Edgecombe Franklin Gates Granville Greene Guilford Halifax Harnett Hertford Hoke Hyde Johnston Jones Lee Lenoir Martin Montgomery Moore Nash New Hanover Northampton Onslow Orange Pamlico Pasquotank Pender Perquimans Person Pitt Randolph Richmond Robeson Rockingham Sampson Scotland Tyrrell Vance Wake Warren Washington Wayne Wilson 4 EXHIBIT C d 74 x- in, ,a= NC®ENR North Carolina Department of Environment and Natural Resources ' Division of Natural Resources Planning and Conservation Beverly Eaves Perdue Linda Pearsall Dee Freeman Governor Director Secretary Caroline Reddy CZR, Inc. 4709 College Acres Drive, Suite) Wilmington, NC 28403-1725 March 13, 2009 II i; v1AR 1 8 2009 ? !!r, CZR inccr?or___d u 1 Subject: Protected species review of P-Lands Mitigation Site Dear Ms. Reddy: ' I have reviewed the Natural Heritage Program records for this site south of Aurora, as indicated on the map you sent. We have no records of rare species or significant natural features within these tracts. However, two Significant Natural Heritage Areas are nearby. Bay City Low ' Pocosin lies immediately to the south. The adjoining portion is a secondary area, included to buffer the primary areas farther south, and does not contain significant resources itself. The primary area of this regionally significant site contains exemplary natural communities, including Pond Pine Woodland and Low Pocosin. The Western Gum Swamp significant area lies a short distance to the west of the mitigation site. This area is of county significance, and contains good examples of a Nonriverine Swamp Forest community. Restoration activities on the mitigation site should not harm either of these significant areas, and may be beneficial if more natural hydrology is restored. Conversely, the proximity of these natural areas may benefit the restoration by providing a source of propagules for native species. ' Sincerely, ' Michael P. Schafale Natural Heritage Program ' 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One Phone: 919-715-41951 FAX: 919-715-3060 Internet: www.oneNCNaturally.org Nol't11CaTOlilld lltltflU11'Y An Equal Opportunity S ANirmalive Action Employer Nutural Resaurtes Planning and Consenvion 1 1 1 1 1 1 1 1 EXHIBIT D Letter dated 20 March 2009 from NCSHPO 1 1 r 1 1 1 1 r 1 1 Beverly Eaves Perdue, Governor Linda A. Carlisle, secretary Jeffrey J. Crow, Deputy Secretary March 20, 2009 Caroline Reddy CZR Imcorporated 2151 Alternate AlA South Suite 2000 Jupiter, FL 33477-3902 Re: P-Lands Mitigation Site, Beaufort County, ER 09-0457 Thank you for your letter of March 4, 2009, concerning the above project. Dear Ms. Reddy: Office of Archives and I listnry Division of 1-1istorical Resources David Brook, Director We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of die National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future communication concerning this project, please cite the above-referenced tracking number. Sincerely, L?_ ' baceter Sandbeek 1 1 1 RECEIV E D MAR ? 2069 ?2R IhC4RPORATE[ Location: 109 East Jones Street, Raleigh NC: 27601 Mailing Address: 4617 Mail Scnice Cecttcr, Rak:4h NC 2.'699-4617 Tclcphanc/Cax: (919) 807-65'0/8117-6599 QIN,.? Yr EXHIBIT D North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeek, administrator 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 FIGURES 1. 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