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HomeMy WebLinkAbout20090080 Ver 1_More Info Received_20090710LMG LAND MANAGEMENT GROUP INC. Environmental Consultants July 10, 2009 TO: Mr. Kyle Barnes NC Division of Water Quality 943 Washington Square Mall Washington, NC 27889 RE: Additional Information: Pamlico #12, 2,318 acres Pamlico County, NC DWQ Project 909-0080 Dear Kyle: L!5@ 9 Da JUL 1 3 2009 DENR - WAR QUALITY WETLANDS AND STORMATER &UNC4 Thank you for your letter dated June 2, 2009 in which you request additional information regarding the 401 Water Quality Certification application that was submitted for the Pamlico 12 Project. Below is a response to each of your concerns. 1. Mitigation Plan The DWQ has reviewed your application information and has determined that your mitigation plan for the proposed impacts does not meet the DWQ requirements. The DWQ requires that mitigation he implemented in a manner consistent with guidelines set forth in 15A NCAC 2H. 0506 Enclosed is a mitigation plan that proposes to remove an existing road and fill roadside ditches on site. The mitigation activity will restore 4.7 acres of wet pine flat habitat. Please note that because of comments received by DCM, the roadway design has slightly shifted and proposed impacts are now 3.79 acres of 404 wetlands, 0.08 acre of Zone 1 riparian buffer and 0.16 acre of Zone 2 riparian buffer (see revised IP form). The proposed wetland mitigation is at a 1.24 to 1 ratio. Because riparian buffer impacts are minimal, no buffer mitigation is proposed. 2. Road Design Specification The application for the proposed impacts to wetlands lacked engineered design specification detail. This design should include cross-sectional detail and culvert placement to maintain wetland connectivity. Please provide this information. Enclosed are engineered drawings of the proposed roadway. Please note that most of the roadway is existing and was constructed under a Timber Management Plan exemption without engineered plans. www.lmgroup.net • info@Imgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 3. Neuse Riparian Buffer (NRB) The only area identified as impacting the NRB is the area adjacent to the coastal wetlands crossing. Both sites designated as "Proposed Cabin " on Figure 7 are in areas adjacent to coastal marsh. The application provides little information detailing the development of those sites. Pleaseprovide aplat of the project area indicating all of the NRB denoting both zones and the proposed development of those sites (Lot size, clearing, impervious surface, piers, walkways, etc.) Although the coastal wetland fine along Spring Creek has not been delineated, the proposed cabins will be located greater than 50 feet from the 404 wetland line (see Figure 6). Therefore, no additional impacts to NRBs outside of the roadway impact will occur. The applicant has not yet finalized specific plans for the cabins. If any piers or docks will eventually be constructed within an AEC or a riparian buffer, we will obtain prior regulatory approval. 4. Coastal Wetland Impacts Please provide information that the Division of Coastal Management agrees with the project as proposed and they are involved in the consistency determination. Mr. Stephen Rynas of the Division of Coastal Management was provided a copy of the Individual Permit application and has issued comments. Please note that the site plan has since been revised and now proposes to completely avoid the coastal wetlands instead of bridging the area. Because of this shift in the roadway, 404 wetland impacts have slightly increased to 3.79 acres. 5. Waste Water System Please provide information that the Pamlico County Health Department has inspected the proposed construction sites and has conveyed information that the sites are suitable for a wastewater system. The applicant is currently working with the Pamlico County Health Department to obtain a wastewater permit. 6. Utilities Please provide information indicating how the applicant will provide utilities to the development sites. Utilities will be installed within the existing and/or proposed road rights of way, as depicted on Figure 6. No additional wetland impacts will be needed for utilities. I hope this information adequately addresses your concerns. Please contact me ifyou have any additional questions. Thank you for your assistance with this project. Sincerely, ` Kim Williams Environmental Scientist Encl. C: Ms. Tracey Wheeler, ACOE Mr. Ian McMillan, DWQ Mr. Stephen Rynas, DCM Mr. Ken Williams Mr. Bobby Billingsley, Thomas Engineering r LMG LAND MANAGEMENT GROUP INC. Environmental Consultants July 10, 2009 TO: Ms. Tracey Wheeler U. S. Army Corps of Engineers 2407 W. 5t' Street Washington, NC 27889 RE: Additional Information: Pamlico #12, 2,318 acres Pamlico County, NC DWQ Project #09-0080 Dear Tracey: Thank you for your letter dated June 2, 2009 in which you request additional information regarding the 401 Water Quality Certification application that was submitted for the Pamlico 12 Project. Below is a response to each of your concerns. Review of your permit application indicates that a portion of the proposed impacts would occur in coastal wetlands. Coastal Wetlands are designated Areas of Environmental Concern under jurisdiction of the North Carolina Division of Coastal management (NCDCM). Impacts to these areas would require a Coastal Area Management Act (CAMA) Major Permit. Based on this information, I am requesting that you withdraw your application and resubmit the project to the Morehead City office of the NCDCMfor processing. If your project plans are modified to avoid designated Areas of Environmental Concern, I will be happy to process the modified project application. Mr. David Moye of the Division of Coastal Management and Mr. Paul Farley of LMG recently delineated the coastal wetlands in this area and determined that a small non-tidal pocket existed adjacent to the proposed bridge location. Instead of constructing a bridge over coastal wetlands, the proposed roadway alignment has been shifted to avoid this Area of Environmental Concern. Therefore, a CAMA Major Permit is not needed. Although total wetland impacts slightly increased to 3.79 acres, the avoidance of an AEC is important. Please see the revised site plan drawings and IP form. Addtionally, a mitigation plan is enclosed for your review. The mitigation plan proposes to remove an existing road and fill roadside ditches on site. The mitigation activity will restore 4.7 acres of wet pine flat habitat. The proposed wetland mitigation is at a 1.24 to 1 ratio. www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402 I hope this information adequately addresses your concerns. Please contact me if you have any additional questions. Thank you for your assistance with this project. Sincerely, Kim Williams Environmental Scientist Encl. C: Mr. Kyle Barnes, DWQ Mr. Ian McMillan, DWQ Mr. Stephen Rynas, DCM Mr. Ken Williams Mr. Bobby Billingsley, Thomas Engineering LMG LAND MANAGEMENT GROUP INC. Environmental Consultants July 10, 2009 TO: Mr. Stephen Rynas Federal Consistency Coordinator NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 RE: Additional Information: Pamlico #12, 2,318 acres Pamlico County, NC DCM 920090004 Mr. Rynas: Thank you for your letter dated January 27, 2009 in which you determined that the previously submitted permit application did not meet the information requirements of 15 CFR 930.58. Below is a response to each of your concerns: 1. The graphic "Buffer Impacts" depicts that the proposed project would cross "DCM Flagged Coastal Wetland (to be bridged) ". Additionally Page 6 of the "Pamlico 12 Tract Individual Permit Application " states: "A bridge will be constructed to cross coastal wetlands along the existing road in order to avoid impacts to tidally influenced area (Figures 8 & 9) ". This raises the potential that the proposed project may require a CAW permit instead of a consistency concurrence before the project can be initiated. Please contact Brad Connell at 252-808-2808 to evaluate this issue. Mr. David Moye of the Division of Coastal Management and Mr. Paul Farley of LMG recently delineated the coastal wetlands in this area and determined that a small non-tidal pocket existed adjacent to the proposed bridge location. Instead of constructing a bridge over coastal wetlands, the proposed roadway alignment has been shifted to avoid this Area of Environmental Concern completely. Therefore, a CAMA Major Permit is not needed. Although total wetland impacts slightly increased to 3.79 acres, the avoidance of an AEC is significant. Please see the revised site plan drawings and IP form. 2. The submission package did not meet the requirements of Section 15 CFR 930.58 in that the analysis required by 15 NCAC 07M. 0700 and 15 NCAC 07M. 0800 was not provided. (a) Section 15 NCAC 07M. 0700 requires that adverse impacts to coastal lands and waters be mitigated or minimized through proper planning and site selection. Page 6 of the "Pamlico 12 Tract Individual Permit Application " states: "To mitigate for the wetland impacts, the applicant is evaluating several on-site restoration possibilities. " Please submit a mitigation www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 9 P.O. Box 2522, Wilmington, NC 28402 plan. Additionally, this mitigation plan must discuss the issue that there is no reasonable prudent alternate design or location for the project that would avoid the losses to be mitigated Enclosed is a mitigation plan that proposes to remove an existing road and fill roadside ditches on site. The mitigation activity will restore 4.7 acres of wet pine flat habitat. The proposed wetland mitigation is at a 1.24 to 1 ratio. (b) The submitted alternatives analysis is inadequate. The alternative analysis merely asserts that there would not be sufficient "room "for construction the 4,500 square foot structures. Alternatives cannot simply be dismissed because they do not meet the Applicant's stated goals. Wetlands are a known constraint and projects must be designed in compliance with the legal requirements to first avoid wetlands and second to minimize impacts if avoidance is not possible. Potential alternatives exist, such as making the structures smaller or using what appear to be larger upland areas that are shown in graphic "Site Plan Overview ". Please provide an alternative analysis that goes into greater detail. As stated in the project narrative, the applicant plans to construct two hunting cabins that would be used by the owners for recreational purposes. Other upland areas exist on site, but they contain impoundments. Additionally, these uplands are located in the interior of the tract and the cabins would not have views of the waterway. For these reasons, these sites were not considered acceptable alternatives. Even if the proposed cabin size was reduced, these other upland areas would not be suitable. (c) Page 6 of the "Pamlico 12 Tract Individual Permit Application " notes that the Applicant has previously preserved approximately 334.73 acres of wetlands. While the prior preservation of these wetlands is admirable, a cursory review of the submission did not identify how the preservation of these wetlands would be linked to the necessity to potentially mitigate for the adverse wetland impacts proposed under this action. Should you wish to have the preservation of 334.73 acres considered as potential mitigation for this proposed project, please provide an analysis demonstrating how this would be acceptable. The proposed on-site mitigation will restore 4.7 acres of wet pine flat habitat, which is a ratio of 1.24 to 1. Even without the preservation component, we believe the applicant far exceeds standard regulatory mitigation requirements. (d) Section 15 NCAC 07M. 0800 requires that water quality be protected. The submission notes that water quality is an issue and that some of the waters in the project area are classified as "NSW". Waters classified as "NSW" are nutrient sensitive. Please provide an analysis of how the proposed project would be consistent with 15 NCAC 07M. 0800. The project has been revised to avoid any Areas of Environmental Concern. In addition, the applicant will use sediment and erosion control measures to avoid compromising the quality ofthe surrounding waters. 2 (e) The submission notes that the project area is subject to the Neuse-Tar-Pamlico Buffer Rules. The submission did not contain a graphic which clearly depicted whether the proposed project would or would not be subject to the Neuse-Tar Pamlico Buffer Rules. Please provide such a graphic. Additionally, please include any CAMA Area of Environmental concern (AEC) boundaries. Figure 7 defines the limits of the Neuse Riparian Buffers, which are measured from each of the two flagged coastal wetland lines. The proposed road will impact 0.08 acre of Zone I buffer and 0.16 acre of Zone 2 buffer. Figures 6 and 7 show the limits of 404 wetlands and the nearest open water areas. Although the normal high water line along Spring Creek has not been delineated, it is obvious from aerial photographs that the proposed cabins will be located greater than 75 feet from NHW and is outside of any AEC. Please note that David Moye of the Division of Coastal Management has approved the flagged coastal wetland lines and has indicated that the new site design will not require a CAMA permit. ()9 The submission notes that there is an existing road and that a new bridge would be constructed. The submission, however, does not discuss whether any work would be done on improving the road. For example, would the road be re graded, graveled, or paved? The potential exists that this proposed project may require a grading and erosion control plan approval and a stormwater management plan approval. Please provide an analysis on any other State approvals that may be required for this proposed project. The applicant may re-grade portions of the existing road. However, this work will stay within the current limits of the roadway. The project engineer will examine the need for additional permits, such as an Erosion Control Permit and/or a Stormwater Permit. I hope this information adequately answers your concerns. Please contact me if you have any additional questions. Thank you for your assistance with this project. Sincerely, _ Kim Williams Environmental Scientist Encl. C: Mr. Kyle Barnes, DWQ Mr. Ian McMillan, DWQ Ms. Tracey Wheeler, ACOE Mr. Ken Williams Mr. Bobby Billingsley, John Thomas Engineering 41 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT Privacy Act Statement Authority: 33 USC 401, Section 10: 1413, Section 404. Principal Purpose: These laws require permits authorizing activities in, or affecting, navigable waters of the United States, the discharge of dredged or fill material into waters of the United States, and the transportation of dredged material for the purpose of dumping it into ocean waters. Routing Uses: Information provided on this form will be used in evaluating this application for a permit. Disclosure; Disclosure of requested information is voluntary. If information is not provided however, the permit application cannot be processed nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 4. DATE APPL. COMPLETE 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required) Spring Creek Timber Company, LLC Land Management Group, Inc. Attn: Ken Williams c/o Ms. Ashley Futral 6. APPLICANTS ADDRESS 9. AGENT=S ADDRESS 3313 Hwy 70 East P.O. Box 2522 New Bern, NC 28560 Wilmington, NC 28402 7. APPLICANT=S PHONE NOS. W/AREA CODE 10. AGENT=S PHONE NO. W/AREA CODE a. Residence N/A 910-452-0001 (phone) b. Business (252) 633-1210 910-452-0060 (fax) (ITEMS BELOW TO BE FILLED BY APPLICANT) 11. STATEMENT OF AUTHORIZATION I hereby authorize Land Management Group, Inc. to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. Previously submitted APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE Pamlico #12 Tract 13. NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Spring Creek Tract #12 off of SR 1327 & 1328 15. LOCATION OF PROJECT COUNTY Pamlico STATE NC 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN: Parcel Number, L08-37 17. DIRECTIONS TO THE SITE From Washington take Hwy 17 south to Hwy 33 south. Follow to Hwy 306 south and take a left onto Hwy 55 south to Merritt. Take a left onto N Pamlico Road and follow to Straight Road. Turn left onto Straight Road and follow to Old W hortonsville Road. Turn right onto W hortonsville Road and follow through Whortonsville. The site will be the next right after Paradise Shore Road. 18. NATURE OF ACTIVITY (Description of project, include all features) Spring Creek Timber Company, LLC proposes to convert an existing forestry road into an access road for a proposed cabin to be built on pilings. The road has disturbed 2.70 acres of 404 wetlands. An additional 0.19 acre will be disturbed in order to reach an upland island north of the existing road. Coastal wetlands have been avoided. This road will also impact 0.08 acre of Zone 1 riparian buffer and 0.16 acres of Zone 2 buffer. The applicant also proposes to construct another road that will provide access to an additional upland island This road will impact 0.90 acres of 404 wetlands. 19. PROJECT PURPOSE (Describe the reason or purpose of the project) The purpose of the project is to provide access to two separate upland islands on which hunting cabins will be built. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. REASON(S) FOR DISCHARGE To construct roads and provide access to upland islands and the waterfront. 21. TYPE(S) OF MATERIAL BEING DISCHARGED AND THE AMOUNT OF EACH TYPE IN CUBIC YARDS Discharge of clean, compacted sub-grade soil materials has already occurred for the existing road. See Figures 6 and 7 for impact area. 22. SURFACE AREA IN ACRES OF WETLANDS OR OTHER WATERS FILLED 3.79 acres of 404 wetlands; .08 acre of Zone 1 riparian buffer, and 0.16 acre of Zone 2 riparian buffer 23. IS ANY PORTION OF THE WORK ALREADY COMPLETE? Yes IF YES, DESCRIBE THE COMPLETED WORK The existing road was constructed in 2006 for forestry management purposes. 24. ADDRESSES OF ADJOINING PROPERTY OWNERS, LESSEES, Etc., WHOSE PROPERTY ADJOINS THE WATERBODY Previously submitted. 25. LIST OTHER CERTIFICATIONS OR APPROVALS/DENIALS RECEIVED FROM OTHER FEDERAL, STATE, OR LOCAL AGENCIES FOR WORK DESCRIBED IN THIS APPLICATION AGENCY TYPE APPROVAL' IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED N/A 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. 1 134 SIGNATURE OF APPLICANT DATE 18. U.S.C. 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I pueRaM Ie1seOO (aAoyy plnea Aq pa66eg) GUI-I PUE119M Ie1SEO!1 . ... ... ... . . .................. ................. ................. ................. .................. ................. .......... .. ................. ....... ............ ............. ............. ............. ............ ............. ............ ............. ............ ...... ...... ...... ..... ..... ... .... .... ..... . . . . . . . . . ........ . . .. Proposed Road Zone 2 Zone 1 3 ? <a r \ Zone 1 impact Zone 2 impact r I Zone 2 Zone 1 Uplands ®404 Wetland Impacts - Neuse Buffer Zone 1 -0.08 acres Neuse Buffer Zone 2 -0.16 acres 0 30 60 120 Project: Date: Revision Date: I Images are approximate and not meant to be absolute. 12130i0e n2r2oos All survey data provided by: Carolina Engineers T A LlYl Pamlico #12 Applicant: Scale: Job Number. PO Drawer 1578 New Bern, NC 28563 LAND MANAGED9ENT GROUP-, . environmental Consultants Spring Creek Timber Co, LLC 1"=200' 01-04-344 252.633.2424 Past Office Box 2522 Title: N B ff d Drawn By, Figure: ?__ _ Wilmington, North Carolina 28402 Telephone: 910-452-0001 er an euse u AEC Location Map ARF 7 PROP05 D (EC)RM. EXI51ING) -ROADWAYS WHORTON5VILLE ROAD (5R 13 2 7) OVERALL SITE BOUNDARY OWNER/DEVELOPER_ SPRING CREEK LAND ?- TIMBER. LLC 3313 US HIGHWAY 70 EAST NEW BERN, NC 285GO 1?ti1lIlIIIfl?ff .?`'?yGINF?''?•. 1 ,tit `?IIIIli1!!7!, ,?? l?I 0 =?Z C r rr ? r rr, ? ?I ri t t 6 if ? ? 11ti ,rff>>I r rlilarl l >>,`t %%% ?L lrr 7 a? o COVER ROADWAY SECTION PLAN5 for SPRING CREEK P k 2 PAMLICO COUNTY NORTH CAROLINA THOMAS ENGINEERING, PA ('IV11, LN(:INTPRIN(;•LAND 131?'VELOP\fI4=*I'RO.IECT NIANA(11CAfli-NT I'. O. BOX 1309, NF.\A" BERN, _NC, 28563 11'"7'V1'.TI{0'%IASEN(,INEERINGPA.CO'%i OFF: 252.637.2727 FAX: 252.636.2448 1 SCALE: 1 ":5000' 1 DATE: 7.13,09 1 PROJECT #: 2000-0I 8 SHEET: I of G VICINITY MAP I "= 5000' GENERAL NOTES I . THESE PLANS ARE MEANT TO SUPPLEMENT PLANS PREPARED BY LAND MANAGEMENT GROUP, INC. WITH THE FOLLOWING INFORMATION: PROJECT: PAMLICO # 12, JOB NUMBER 01-04-344, ORIGINAL DATE 12-30-08. 2. THESE PLANS ADDRESS IMPACTS TO WETLAND PORTIONS OF THE PPIOP05ED PROJECT ONLY AND DO NOT ATTEMPT TO ADDRESS IMPACTS TO UPLAND REGIONS OF THE PROPOSED PROJECT. 3. AERIAL IMAGES AND 501L MAPPING AS SHOWN HEREIN WERE PROVIDED BY LAND MANAGEMENT GROUP, INC. AND SHOULD BE USED FOR CONCEPTUAL PURPOSES ONLY. 4. TOPOGRAPHIC INFORMATION INCLUDED HEREIN 15 FROM DATA PROVIDED BY THE NORTH CAROLINA FLOODPLAIN MAPPING PROGRAM. 5. GRADE AND STORM DRAIN ELEVATIONS SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE FIELD VERIFIED. G. CONTRACTOR SHALL BE RESPONSIBLE FOR DISCOVERY OF EXISTING UNDERGROUND INSTALLATIONS, IN ADVANCE OF EXCAVATING, BY CONTACTING ALL LOCAL UTILITIES AND BY PROSPECTING. 7. CONTRACTOR SHALL EXERCISE EXTREME CAUTION WHEN WORKING AROUND ALL EXISTING UTILITIES AND SHALL TAKE ALL NECESSARY PRECAUTIONS TO PREVENT DISRUPTION OF SERVICES TO CUSTOMERS. 8. ALL SEEDED AREAS WILL BE FERTILIZED, RESEEDED AS NECESSARY, AND MULCHED ACCORDING TO SPECIFICATIONS IN THE VEGETATIVE PLAN TO MAINTAIN A VIGOROUS, DENSE VEGETATIVE COVER. 9. THE WORK AREA SHALL BE GRADED, SHAPED, AND OTHERWISE DRAINED IN SUCH A MANNER AS TO MINIMIZE SOIL EROSION AND SILTATION OF DRAINAGE CHANNELS, DAMAGE TO EXISTING VEGETATION, AND DAMAGE TO PROPERTY OUTSIDE THE LIMITS OF THE WORK AREA. 10. TEMPORARY SILT FENCE LOCATIONS ARE TO BE DETERMINED BY THE ENGINEER THROUGH ON SITE INVESTIGATION PRIOR TO CONSTRUCTION ACTIVITIES. 1 1 . PROVIDE A PERMANENT GROUND COVER ON EXPOSED SLOPES WITHIN 21 CALENDAR DAYS FOLLWOWING THE COMPLETION OF GRADING. COPYRIGHT © 2009 BY THOMAS ENGINEERING, P.A. ALL RIGHTS RESERVED. THESE DRAWINGS ARE INSTRUMENTS OF SERVICE AND AS SUCH REMAIN THE PROPERTY OF THOMAS ENGINEERING, P.A. NEITHER THI5 DOCUMENT NOR ANY PART OF TH15 DOCUMENT MAY BE REUSED, REPRODUCED, OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, ELECTRONIC OR MECHANICAL, INCLUDING BY NOT LIMITED TO PHOTOCOPYING, MICROFILMING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, WITHOUT PERMISSION 15 WRITING FROM THOMAS ENGINEERING, P.A. f ``'?j1GIN 11j11'' C 1 ,r1r 'f7rrrl}rQi5 ?3 ?Illnnt1111? > > IIII tip` $ ''fJ o? f - Q$ AL 147 NOTES ROADWAY SECTION PLANS for SPRING CREEK N 2 PAMLICO COUNTY NORTH CAROLIP A THOMAS ENGINEERING, PA CIVIL ENGINJ:ERING*LA- D DL'VELOP%fE\1'•PI20.JE('T 11ANA(;lii\17]N'I' P. O. Box 1309, New Bern, NC, 28563 www.ThomasEngineeringPA.com Ofl 252.637.2727 Fax: 252,636.2448 SCALE: N.T.S. PROJECT #: 2006-018 DATE: 7. 13.09 SHEET: 2 of G GRAPIIIC SCALE HN ? o00 o I o0o Uplands - \ \ Coastal Wetlands -- 1? Uplands Coastal Wetland -'f HN / f1 -' / C5 5m Uplands - %. Sk 404 Wetlands 404 Wetlands y _ Existing Roadway Impacts 2.89 ac (to be improved) AIL \lA. ? Uplands Proposed Roadway Impacts ?J II h1 404 Wetlands 0,90 ac v Ex. Roads n`. `,?',IIIIilllillfl! `%?•? GIN Irr AERIALS 501 L5 ROADWAY 5ECTION PLANS for "roc =9~ SPRING CREEK I 1 llrr !,, r+ l,, ??? rrrf4 1 I I*?????? TOWN5HIP k 2 PAMLICO COUNTY NOP.TN CAROLINA `,` I II I It11rI ??t RoL rrr THORZAS ENGINEERING, PA O` IQ?+i? r f'TFIT. E GTVPERTNG.T.AND DPVRLOPAII:NT.PROJECT HA\AG[+NIENT c ,. ~ AL 9?' _ P. O. BOX 1309, NI'1V BPIZN, NC', 28563 10147 = ?v«??'.mII(7?L•?5ri`GINrrlZ[\tzPa.coai ++' ? ci":'' OFF: 252.637.2727 PAX: 232.636.2448 I N" rlt?' GI SCALE: I 1000' DATE: 7. 1 3.09 PROJECT #: 2006-018 SHEET: 3 of 6 { Upland5 y Coastal Wetlands Coastal Wetland 404 Wetlands f r '"?- ... Proposed Roadway Impacts 0.90 ac Exi5tii'1Gg Roadway Impacts 2.89 ac (to be improved) -' .4 Y y? , - '• 404 Wetlands ,. '?. N 1-..W`. r rid ?......' ?. (dote: Corrugated Plastic Pipe (CPP), for wetland equalization. are representative only and do not depict actual lencgths. GRAPHIC SCALE 800 O 800 jIIII17227rI., r rJr? ? ?71i?1 ?, t,?, 1`?,,??fl„ ! jlfr ' ? r r 10147 rlfp ......... •0 ?,?? Topographic Elevatlon5 Number Min. Elev. Max. Elev. Color 1 -2.4' 0.5' j; 2 0.5' 0.9' 3 0.9' 4 1.11 5 1.3' 1.5' G 1.5' 1.7' 7 17 1.01 8 1,91 2. 1' 9 2.1' 2.5' 10 2.5' 5.2' Ex. ROIC15 -/ ROADWAY PLAN t- TOPOLOGY ROADWAY SECTION PLANS for SPRING CREEK IP # 2 nd5 PAMLICO COUNTY NORTH CAROLINA THOMAS ENGINEERING, PA CIVIL E'\(',INEI;RI-NG*LAND DE\'E],C)I'Nfl,NT&PRO.IE("1`',IANAGENIF.NT 11. O. BOX 1301), Nh W BE12N, N(', 2856:3 1\'\\'\\'.`1'IIO?IASENI:INl:1.RIN(;I'A.(?O?i OFF: 252.037.2"727 PAX: 25:2.636.2448 SCALE: 1 ":800' PROJECT #: 2006-018 DATE: 7. 1 3.09 5HEET: 4 of 6 FULLY STABILIZED TYPICAL 5ECTION FULLY 51 ABILIZtU PSRM WHERE NECESSARY PSRM WHERE NECESSARY (APPLIES TO ALL ROADS) FULLY STABILIZED PSRM WHERE NECESSARY `1 ,771771c7i11t ,rjl, {, r,rr t? 77 * ti?~` ,4 1 no t,fr r ¢Io ,ti?O a t1t7q??Lf?rrl•- T ' llr'r. 9 Y'om' - L - 10147 - = ''CrO? f`rt!l771711t11777? O?t?`` Gl I I1? t11,1 SECTION A-A (TYPICAL PIPE CR055ING) 1011 f. ALAI r(17/FD FULLY STABILIZED PSRM WHERE NECESSARY TYPICAL SECTIONS ROADWAY SECTION PLANS for SPRING CREEK # 2 PAMLICO COUNTY NORTH CAROLINA THOMAS ETA' Gr INEEIZING , PA (11\111 I.N(;1NIa.R1NG*LAND DH;VELOP,iENT*PROJECT MANA6R'M.NT P. 0. BOX 1309, NEW BERN, N(', 2$363 \V\VNN7.TH0IIASENGINICERINGPA.(`.O\1 01-IF: 252.637.2727 PAX: 2:12.6.16.2448 SCALE: N.T.S. I DATE: 7.13.09 PROJECT #: 2006-018 SHEET: 5 of 6 GENERAL NOTES: TOP 5TK AND 10 GAUGE MIN. I WIRE SHALL BE A MINIMUM Of 32" IN WIDTH A14D SHALL HAVE A MINIMUM OF G LINE WIP.E5 12-1/2 GAUGE MIN. LINE WIRE5 WITH 12" STAY SPACING. BOTTOM 5TRAND 2. FILTER FABRIC SHALL BE A MINIMUM 10 GAUGE MIN. Of 30 IN WIDTH AND SHALL BE FASTENED ADEQUATELY TO THE WIRE AS DIRECTED BY THE ENGINEER. 3. STEEL POSTS SHALL BE 5' IN HEIGHT AND SHALL BE Of THE SELF-FASTENER ANGLE STEEL TYPE. 4. WOOD POSTS SHALL BE A MINIMUM Of G' IN HEIGHT AND 3" OR MORE IN DIAMETER.. VdIRE FABRIC SHALL BE FASTENED TO WOOD P05T5 WITH NOT LE55 THAN #5 %AlIRE STAPLES 1-112' LONG. Y 51 LT FENCE ROADWAY * EROSION CONTROL DETAILS SECTION PLAN DETAIL EC2 - PIPE OUTLET PROTECTION ,,i`1111tai it f?`!!! ???? .?1GINE? '!,! S o C C A1? 0 f !i- WAL a i1 7 IN `'''•G+?A ,Uri.?'`O !!!Il 111111 A 1 1,1 La ? ----I` t 1 z'> n _ .451 ------------------- - J0 8"j A-A fILTER BLANKET GENERAL NOTE5 I . La 15 THE LENGTH Of THE RIPRAP APRON. 2. J= 1.5 TIMES THE MAXIMUM 5TONE DIAMETER BUT NOT LE55 THAN G". 3. 114 A WELL-DEFINED CHANNEL EXTEND THE APRON UP THE CHANNEL BANKS TO AN ELEVATION OF G" ABOVE THE IvWIMUM TAILWATER DEPTH OR TO THE TOP Of THE BANK, WHICHEVER 15 LESS. 4.A FILTER BLANKET OR FILTER. FABRIC SHOULD BE INSTALLED BETWEEN THE RIPRAP AND SOIL FOUN- DATIOIJ. ROADWAY SECTION PLANS for SPRING CREEK TOWNSHIP # 2 PAMLICO COUNTY NORTH CAROLINA I THOMAS ENGINEERING, PA C'I\'IL ENC. lNIERRING*LAND DEVI>.LOPME-NT.PPOJI:CT MANAGE\(ENT P. O. BOX 1:309, NE11' BERN. NC, 28563 N171i'\1'.TFIO.NIASENC 1N I;.EI2ING3'A.CO\I OFF: 352.037.2727 FAX: 252. (93(1.2448 SCALE: N.T.5. PROJECT #: 2006-015 DATE: 7. 1 3.09 51EET: G of G VAP.IE5 A5 DIRECTED BY ENGINEER "PAMLICO 12 TRACT" WETLAND RESTORATION PLAN RESTORATION OF ROAD #7 Prepared By: Land Management Group, Inc. PO Box 2522 Wilmington, NC 28403 Phone. 910-452-0001 Fax. 910-452-0060 AI?LMG LAND MANAGEMENT GROUP INC. vialliPw Environmental Consultants Prepared For: Spring Creek Timber Company, LLC Attn: Ken Williams 3313 Hwy 70 East New Bern, NC 28560 July 2009 WETLAND RESTORATION PLAN TABLE OF CONTENTS INTRODUCTION ................................................. .............................................................1 Background ........................................................ ............................................................. I Pre-restoration Site Conditions .......................... ............................................................. I Wetland Classification and Functions ............... .............................................................2 Soils .................................................................... .............................................................2 Vegetation Community ...................................... .............................................................3 Prior Anthropogenic Impacts ............................. ......................... Adjacent Land Use ............................................. .............................................................3 RESTORATION ................................................... .............................................................3 Physical Restoration Plan .................................. .............................................................3 MONITORING PLAN ......................................... .............................................................4 Annual Report Schedule .................................... .............................................................4 Restoration Monitoring ...................................... .............................................................5 CONTINGENCY PLAN .................................................................................................... I RESTORATION IMPLEMENTATION SCHEDULE ..................................................6 SUMMARY ............................................................................................................... TABLES 1. PROPOSED SPECIES LIST FOR WETLAND RESTORATION OF ROAD #7, PAMLICO #12 FIGURES 1. VICINITY MAP 2. USGS TOPOGRAPHIC QUADRANGLE 3. NRCS SOIL SURVEY 4. NAPP AERIAL PHOTOGRAPHY 5. MITIGATION PLAN OVERVIEW 6 i Pamlico #12 Wetland Restoration Plan Restoration of Road #7 Introduction I. Background In 2006, Spring Creek Timber Company, LLC, constructed a forestry road within the Pamlico #12 tract and impacted 2.7 acres of 404 wetland habitat. Because the road was constructed under a forestry plan and because best management practices were utilized, they were exempt from 404/401 permitting and mitigation requirements. However, Spring Creek Timber Company, LLC has proposed to change the primary use of the road from forestry to an access road for a hunting cabin. In addition, they wish to construct another road for recreational purposes. Because impacts are no longer related solely for the purpose of timber management, the road is subject to the "recapture clause" of section 404(f) wetland guidelines. Section 404/401 permits and adequate mitigation are necessary. Total impacts are to 3.79 acres of 404 wetlands. The applicant has submitted an Individual Permit application to the U.S. Army Corps of Engineers, NC Division of Water Quality, and NC Division of Coastal Management. This restoration plan proposes removing an existing forestry road (Road #7), filling adjacent ditches, and planting the restored area with native wetland species. This will restore approximately 4.7 acres of wetlands. Monitoring of the project will take place for three years following the restoration activities to determine overall project success. IL Pre-restoration Site Conditions The tract is located off of Whortonsville Road in Pamlico County, adjacent to Spring Creek (Figure 1). Several creeks form boundaries of the tract. Broad Creek and two of its tributaries (Pittman Creek and Green Creek) form portions of the tract's southern boundary and Spring Creek and Long Creek form its northern boundary. Additionally, Burton Creek and the tip of Green Creek extend into the southern part of the site. 1 The site is comprised of a pine plantation that was started by Weyerhaeuser Company several decades ago. There are several dirt logging roads located throughout the tract, most are approximately 20' wide. Surrounding land use currently consists of undeveloped silvicultural land or other pine plantations (Figure 4). III. Wetland Classification and Functions Much of the southeastern North Carolina coastal plain, including this tract, is underlain by an extensive Pleistocene marine terrace that is flat and poorly to very poorly drained. Saturated conditions produced by this terrace have driven the development of hydric soils and large interstream divide wetlands. Many of these wetland ecosystems are classified hydrogeomorphically as flats. These ecosystems receive precipitation as their sole water source and lose water primarily by evapotranspiration with overland flow and gradual seepage to the underlying aquifer. Soils of wet flats can be either histosol or mineral. Flats with organic soil are dominated by bay type vegetation(e.g. Magnolia virginiana, Persea borbonia, Ilex spp., Lyonia spp.) while mineral soil flats tend to be dominated by pine species (e.g. Pinus taeda). Restoration at the Pamlico #12 tract will re-establish 4.7 acres of non-riverine wet pine and mixed hardwood flat forest habitat to replace the wetlands that were impacted from the construction of a road. The goal is to provide for functional restoration via re-establishment of characteristic hydrology and vegetative assemblages. By re-establishing these criteria, wetland functions such as nutrient cycling and removal, sediment retention, and water storage will be realized on the tract. In addition to the restoration, there will be 3.3 acres of wetland enhancement. IV. soil The soils of the project area are mostly comprised of the Stockade soil series (Figure 3). These soils are very poorly drained and possess a clay layer from 11 inches to 36 inches which is restrictive to percolation of precipitation into surrounding surficial aquifers. The drainage restrictions present in these soils allow them to retain wetland 2 hydrology almost year round through the retention of precipitation and without any additional input from surrounding stream systems. V. Vegetation Community Prior to mechanized impacts, uplands supported mostly planted loblolly pine (Pinus taeda) with scattered sweetgum (Liquidambar styraciflua) and red maple (Ater rubrum). Wetlands supported loblolly pine, pond pine (Pinus serotina), red maple, wax myrtle (Morella cerifera), and red bay (Persea borbonia). These species are indicative of the non-riverine wet pine and mixed hardwood flat forest habitat. VL Prior Anthropogenic Impacts Several thousand linear feet of a forest road system and concurrent ditches are currently in place. These roads and ditches are not in violation of standards set by DWQ or the U.S. Army Corps of Engineers. These features provide site access for forestry applications. VII. Adjacent Land Use The land use in the surrounding area consists of undeveloped land or other pine plantations. There is no residential or commercial development in the vicinity of the project area. Restoration I. Physical Restoration Plan Restoration activities at the Pamlico #12 tract will restore a total of 4.7 acres of hardwood/pine flat (Figure 5). At present, the existing fill road measures 30' in width and has two borrow ditches on either side. These ditches currently have a lateral effect to drain up to 35' adjacent to their position. Restoration of Road #7 will commence with the removal of all fill material and grading to original contours, which will directly restore 1.4 acres of wetlands. The plan calls for the filling of the two lateral ditches with slightly raised berms at the low end to prevent coastal/estuarine waters from overland 3 flow and reaching the planted seedlings during high spring and wind tide events. Because of the 35' lateral drainage effect of the ditches, their filling will result in 3.3 acres of wetland restoration. It is anticipated that another 3-4 acres of adjacent wetland will be enhanced. Typical non-riverine wet hardwood forest vegetation such as swamp chestnut oak (Quercus michauxii), laurel oak (Quercus laurifolia), and black gum (Nyssa sylvatica) will be planted along with shrubs such as wax myrtle (Morella cerifera), red bay (Pei-sea palustrus) and pond pine (Pinus serotina). The typical shrub vegetation will mimic vegetation already found on site. Planting of the species will occur during the dormant season (Winter 2010). The table below lists the available species for planting. The total represents a planting density of 500 stems per acre, which achieves the project objectives and allows for considerable seedling mortality. Table 1: Proposed Species List for Wetland Restoration of Road #7, Pamlico #12 Common Name Scientific Name Quantity Laurel Oak Quercus laurifolia 400 Swamp Chestnut Oak Quercus michauxii 500 Black Gum Nyssa sylvatica 400 Pond Pine Pinus serotina 500 Wax Myrtle Morella cerifera 400 Red Bay Persea palustris 200 Total 2,400 1 Monitoring Plan I. Annual Report Schedule All restoration monitoring will be conducted for three years or until deemed successful, whichever is longer. Annual reports will be submitted to the USACE and DWQ no later than September 301'' of the following year. Each report will include a narrative summarizing the findings of the monitoring. Vegetative and hydrologic data 4 will also be included to document conditions of the restored area over the course of the year. Photographs will be incorporated to illustrate the evolution of site soil and vegetative communities. H. Restoration Monitoring Hydrologic Monitoring Filling of ditches in wetlands precludes the necessity of hydrologic monitoring as it removes the transport mechanism for the existing water volume causing retention times to increase within the area. The two ditches that were dug displaced small amounts of water due to the shallow depth and narrow channel width. In order to demonstrate the restored hydrology, two shallow automated groundwater monitoring wells will be installed as shown in Figure 5. One of these wells will be located perpendicular to the existing ditches to document hydrologic activity in both wetland and upland habitats. The second will be installed in a non-impacted area. Groundwater levels will be recorded daily. The success criterion will be the establishment and maintenance of a static water table which closely mirrors the levels recorded in the reference well. Vegetation Monitoring While the primary success criterion for the restoration will be based on hydrology, vegetation community development will also be monitored. A vegetation monitoring study will include three 0.10-acre circular plots, which will be randomly selected throughout the restored area. The number of acceptable volunteer species and planted individuals will be quantified. Overall, survivorship must meet or exceed 320 stems per acre by the end of the monitoring period for the project to be deemed successful. Contingency Plan In the event that the hydrology and vegetation success criteria are not fulfilled, a contingency plan will be implemented. The contingency plan will require consultation 5 with all regulatory agencies if success is not achieved during the monitoring period. Sample contingency measures may include selective re-grading or replanting. Recommendations for further activities will be implemented and monitored until the hydrology and vegetation accurately represent the reference site and meet or exceed regulatory statutes. Restoration Implementation Schedule Groundwater monitoring will commence in mid-October 2009 in the vicinity of the project area. Restoration planting will commence in the winter of 2010 pending the approval of this plan. Monitoring of the restoration site will begin after the earth work and plantings are complete and will continue for the duration of the project. Earth work and plantings will take place throughout the winter of 2009 and spring of 2010. Annual vegetation monitoring will be conducted in the spring of each year following planting and will continue until deemed successful by the USACE. Summary A 4.7 acre restoration plan of Road #7 is proposed as remediation for the 3.79 acres of wetland impacts from new access roads. The plan will provide for a functional restoration via re-establishment of characteristic hydroperiod and vegetative communities. Earth work will restore contours to their original grades and 2,400 stems will be planted. The target stem density (for planted and characteristic volunteer species) will be 320 stems/acre by the completion of the last year of monitoring. It is anticipated that the native seed bank within the ditch spoil piles and stripping windrows will germinate via seed and sucker sprouts once this material is spread over top of the regraded areas. If the target species diversity and density are not met, contingency plans will be developed in conjunction with NCDENR and USACOE, ensuring a successful restoration project. 6 ! ';.rr.?t• uTf ~`,? t ??E'dlr.'tcJ' ,fDG'i;rtE V5•'r.r ti` t>`" r -'-tirvE- '1 rE+ F'a:itr; .. fti_ .... . 'Ilk tt ? _t_--- j 8 lnri•rX?.s : ,fit, k itigation Area r? It {} v I w E I ?? '''4 '1_ i W4HrrU?rs??.•il?. .. r-- f''•'rP1sf - ti ,. , f r f;afjflry HffN SCI' _ ; • y i i ,. j; ? NC Atlas & Gazetter, 2003, pages 67 & 79 Images are approximate and not meant to be absolute. All survey data provided by: Carolina Engineers PO Drawer 1578 New Bem, NC 28563 252.633.2424 ?LMG p LAND MANAGEMENT GROUP mc. Environmental Consultants Post Office Box 2522 Wilmington, North Carolina 28402 Project: Date: Revision Date: Pamlico #12 12/30/08 4/22/2009 Applicant: Scale: Job Number. Spring Creek Timber Co, LLC 1=1 Mile 01-154-344 Fide: Drawn By., Figure: Vicinity Map ARF 1 x''11 .. -5-r-" •.. - _ yy __? J 1+.?.M RORNVR BAY 1?1• ? -'i. 'iZ I _- ?`?? 1 "'vim' ?' ??- J /'T' I• •:?; I J L7 4?-? I'. tga#?an Area -u ?..:T FL- S& X. 31M M t r r J'iy t. r ?r .? . I 40/$ H I. n2'? 0 L c' Oi. r kw?,c-'?-'11?'?z?r •-``1'-"•p +,?I i??.;.-?yl\1 •Z?f tyet?}? \ ??3?? rr ?S •r ??,?.?y G?ft,? ? 4 r c; 1 / N+ed,r, -) Ja?.M... c.u. Crsrk cote Pmnt .?,-M (` IWernoN slate Pv+rt / 71 t. •. 7i (t r --- rJ ? 1?~ l ??Aulae PtE ? ;?. ?1?? BROAA f?. '•?..? ?\ Broad ape. c' 1 r f /,tf 7.1''1 ,i USGS 7.5 minute topographic map, Jones Bay & Broad Creek Quadrangles Images are approximate and not meant to be absolute. All survey data provided by: Project: Date: Revision Date: Carolina Engineers PO Drawer 1,578 LM G Pamlico #12 12/30108 4/22/2009 New Bem, NC 285 8563 Applicant: Scale: Job Number. 252.633.2424 LAND MANAGEMENT GROUP wc, Spring Creek Timber CO, LLC 1•=4000' 01-04344 Environmental Consultants Post Office Box 2522 Title: Drawn By. Figure: Wilmington, North Carolina 28402 USGS Topographic Map ARF 2 Tele hone: 910-452-0001 Jones Bay Quadrangle L.:IPERMITS2004 PERMIT FILES\01-04-344 --- Pamlico 12. Ken Williams\CAD\Pam12 Fiaures mitioation.dwo ? F, -? Images are approximate and not meant to be absolute. All survey data provided by: Carolina Engineers PO Drawer 1578 New Bem, NC 28563 252.633.2424 .ft GIS based NRCS soil survey, Pamlico County Project: Date: Revision Date: LM G Pamlico #12 12/30/08 4122/2009 Applicant: Scale: Job Number. LAND MANAGEMENT GROUP INC. Spring Creek Timber Co, LLC 1'-2000 01-04-344 Environmental Consultants Post Office Box 2522 Title: Drawn By: Figure: Imington, North Carolina 28402 NRCS Soils ARF 3 N or. ;:..-? ?.r?r tr'fii•.: ~?+ K'_ ?r. : L? ,. y?'i ? tom. '?''???r ? ?1y'??? •?.t Q `,-S ?'Y• v' ^ ? t:. }! %! r ?? i )F !„?, ,_ ?. r I?w /atd y r r°.C) iy!''k%, 'Pi r E`?- •?,?Re"J ???YS - _ 1'2/ (- IJr f.f ??r ? ..`.;"?Xp? R:__ C .r"`K? Y ke, ? w t 2/ 't?? 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All survey data provided by: Project: Date: Revision Date: Carolina Engineers PO Drawer 1578 LM G Pamlico #12 12/30/08 4122/2009 New Bem, 285 8563 Applicant: Scale: Job Number. 252.633.2 .2424 LAND MANAGEMENT GROUP rnc. 1 =2009 01-04-344 Environmental Consultants Spring Creek Timber Co, LLC Post Office Box 2522 Title: Drawn By: Figure: Wilmington, North Carolina 28402 Aerial Photography ARF 4 Tele hone:910-452-0001 L:\PERMITS\2004 PERMIT FILES101-04-344 --- Pamlico 12. Ken Williams\CAD\Pam12 Fioures mitieation.dwo ry ?-? ?r 1? A "t \ ? V '`K y • r ,JA . a`' > Project: Date: Pamlico #12 Applicant: scale: Spring Creek Timber Co, LLC * \ E « ore K ??# ? ' ? °' ? ? to •'-? ? k N?k\ w Awl * ? ?. t'om'. ? ? ?; ,,,?' ''" ,?; 41-0 t tt ?s p t?f. .10 3e ?r 16 S 461 "'"# ` 9 at -. ,.* 4 1998 NAPP aerial photography Images are approximate and not meant to be absolute. All survey data provided by: Carolina Engineers PO Drawer 1578 New Bem, NC 285 8563 LM G 252.633.2424 LAND MANAGEMENT GROUP uc. Environmental Consultants Post Office Box 2522 Wil i N APFRMITSt9004 PFRMIT FII FS\n1-nA-Side --- Pte, ii- 19 m ngton, orth Carolina 28402 Tele hone:910-452-0001 Kun 1A1i11i ,wren%D-A0 c-- ..,?x..?e..., a..._ 12/30/08 I 4122/2009 1"=300' 1 01-04344 Mitigation Overview I ARF 5