20080868 Ver 2_USACE Correspondence_20090302

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
?. Washington, North Carolina 27889 1000
IN REPLY REFER TO
February 20, 2009
Regulatory Division
ORM ID SAW-2008-02444 / Rutman Creek Mitigation Plan k @
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1, E1LANDS AND STORM WATER BRANCH
Mr. Jeffrey C. Furness
PCS Phosphate Company, Inc.
Post Office Box 48
Aurora, North Carolina 27806
Dear Mr. Furness:
This correspondence is in reference to your preconstruction notification deemed complete on
January 15, 2009, for Department of the Army (DA) authorization to undertake waters and
wetlands restoration activities on property identified as the Rutman Creek Watershed Restoration
site, located off of New Lake Road, adjacent to Rutman Creek, near Ponzer, in Hyde County,
North Carolina.
For the purposes of the U.S. Army Corps of Engineers (Corps) Regulatory Program, the Code
of Federal Regulations (CFR) published in the Federal Register on March 12, 2007, lists
nationwide permits. Authorization, pursuant to Section 10 of the Rivers and Harbors Act and
Section 404 of the Clean Water Act, was provided under Nationwide Permit 27 for activities in
waters of the United States associated with aquatic habitat restoration, establishment and
enhancement.
Your work is authorized by Nationwide Permit 27 provided it is accomplished in strict
accordance with the attached General Conditions and the following Special Conditions:
1. Authorization of this work in no way obligates the Corps to accept this project as
compensatory mitigation for the PCS Phosphate Company's mine expansion permit (ORM ID
SAW-2001-10096).
2. The Permittee shall fully implement the mitigation plan, entitled Rutman Creek Watershed
Restoration Plan, Hyde County, North Carolina, revision dated January 15, 2009, except as
conditioned below.
3. The construction of minor depressions (microtopography) on the site is not authorized.
4. Discing and/or grading to create beds and/or other persistent, earthen features on the site is
not authorized.
5. Zero Order Stream Success Criteria.
a. Surface water flow must be documented. This shall be accomplished using
photographic evidence of observed flow coupled with a preponderance of field indicators of
recent flow events in the form of a natural line impressed on the bank; shelving; changes in soil
characteristics; destruction of terrestrial vegetation; presence of litter and debris; wracking;
vegetation matted down, bent or absent; sediment sorting; leaf litter disturbed or washed away;
scour; deposition; bed and bank formation; water staining; or change in plant community. All
field indicators present shall be documented in each monitoring report.
b. Surface water flow must be documented to occur at least 2 times per year for 3 years out
of the 5-year monitoring period during normal rainfall conditions. Additional monitoring may
be necessary in the event of abnormal climatic conditions.
c. Final determination of the upper limits from which stream mitigation credits may be
calculated will be made by the Corps at the end of the 5 year monitoring period.
6. Prior to undertaking any work within jurisdictional areas as authorized by this permit, the
Permittee shall submit a plan for review and approval documenting all monitoring plot and
groundwater well locations across the site.
7. The Permittee shall prepare and submit all monitoring reports pursuant to Regulatory
Guidance Letter 08-03,
http://www.usace.army.mil/CECW/Documents/ceewo/reg/rgls/rg108 03.pdf.
8. Within the first 3 years of monitoring, if any one planted species exhibits greater than 50%
mortality, that species will be either replanted or an acceptable replacement species planted in its
place after review and approval by the Corps.
9. Reference Figure 10.b. of the mitigation plan. To ensure that the plugged canals and
ditches do not continue to drain the site, the Permittee shall ensure that the final fill elevations of
all ditch and canal plugs are packed down and of the same elevation as the adjacent ground.
10. The Corps remains concerned with the lengths of the plugs to be installed within ditches
and canals on the project site. The Permittee is responsible for the long term effectiveness of
these plugs. Should problems be documented, the Permittee will be required to install more
substantial plugs.
11. The Permittee shall remove all water control structures upon completion of each phase of
construction. Monitoring to determine success of each phase will not officially commence until
the structures have been removed and all other site manipulations have been completed.
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12. In order to capture important early growing season hydrologic data across the site, the
Permittee shall commence hydrology monitoring by February 1St of each monitoring year.
13. Relative to meeting the prescribed hydrology success criteria, hydrology data shall be
interpreted in terms of consecutive days of inundation or saturation, not cumulative days.
14. Should any other contingency measures be deemed necessary by the Corps, the Permittee
shall develop and submit a remediation plan to the Corps for review and approval prior to
implementation.
This nationwide permit does not relieve you of the responsibility to obtain any other required
State or local approval. Toward this end, please be reminded that the North Carolina Division of
Water Quality has not yet issued its Section 401 Water Quality Certification for this project. No
work may commence under this authorization until all necessary permits have been received.
This verification will be valid for two years from the date of this letter unless the nationwide
authorization is modified, reissued or revoked.
Thank you for your time and cooperation. The Wilmington District is committed to
providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the Customer Satisfaction Survey located at our website at
http://regulatoEy.usacesurvey.co . If you have any questions, please contact me at the
Washington Regulatory Field Office, telephone [phone], extension 22.
Sincerely,
---W1 , ) -trT--
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
Enclosures
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Copies Furnished (without enclosures):
Ms. Becky Fox
Wetlands Regulatory Section - Region IV
United States Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Mike Wicker
United States Fish and Wildlife Service
Ecological Services - Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Kyle Barnes
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
Mr. David Moye
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
943 Washington Square Mall
Washington, North Carolina 27889
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Ms. Maria Dunn
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Sean McKenna
Division of Marine Fisheries
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Rickey Peed
Division of Land Resources
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Ms. Heather Jacobs
Pamlico-Tar River Foundation
Post Office Box 1854
Washington, North Carolina 27889
Mr. Christian Preziosi
Land Management Group
Post Office Box 2522
Wilmington, North Carolina 28402
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