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HomeMy WebLinkAboutNOVRE Response ofr Billy Wayne Loftin II TractFrom: Bobby Padgett To: Scarbraugh. Anthony Subject: [External] RE: Contact Date: Thursday, August 29, 2019 6:06:21 PM Attachments: Billy Wayne Loftin Neuse River Buffer.pdf • rnal email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam(@nc.gov Anthony Please see attached for information in reference to Billy Wayne Loftin, II property, Pitt Co., NC. If I need to provide more information, correct anything not correct or identify anything further, please let me know. I noticed when the documents scanned, they feed out of line. Let me know if need a hard copy. Thank you for your help; we'll get this situation resolved as soon as possible. Thankyou Bobby 12o��v't3. teat NC State Certified General Real Estate Appraiser (A2996) Pamlico Land and Timber Co. 9331 NC Hwy 32 North Washington NC 27889 252-714-1062 cell bpadgett(@suddenlink.net From: Scarbraugh, Anthony [mai Ito: anthony.scarbraugh@ncdenr.gov] Sent: Thursday, August 29, 2019 7:17 AM To: bpadgett@suddenlink.net Subject: Contact -r�5 e"-- �- 7:DEC; Anifhony Scarbraugh Erwironmenfal Specialist.11, dater Resources North Carolina Department of En-vironmental Quality- 252.948.3924 (Office) Anthony- S carbraugh- tc r_gov E3,na1 crn'esfxr xa fo asd JFcm Un adldrcss s subpa to Vie CJs [Dine PLrb1c Records Law aid FTQY be aSGbSOO 10 JW paftln Pamlico Land and Timber Company 93321 NC Hwy 32 N Washington, North Carolina 27889 Phone 252-946-6555 Fax 252-946-1684 August 29, 2019 Mr. Anthony Scarbraugh North Carolina Department of Environmental Quality Division of Water Resources 943 Washington Square Mall Washington NC 27889 Ref: Billy Wayne Loftin II tract, Neuse River Riparian Buffer Violations Dear Mr. Scarbraugh This letter is in reference to the above referenced violations as required by notice received by Pamlico Land and Timber Co. on August 17, 2019. 1) The timber on the subject woodland was purchased by us in October, 2018 and harvested by Derick Cordon Logging, Inc., acting as our contractor in May, 2019. 1 personally flagged the required 30' buffer along the unnamed tributaries of Fork Swamp with blue flagging prior to the commencement of timber harvesting operations. The operator of the cutting machine was informed & shown the blue flagged buffer lines when harvesting began. He was also told to not remove any trees which had roots visible in the stream bank. We have had multiple conversations concerning the proper handling of these buffers in the past & I thought he understood. While I don't remain "on site" during the entire harvest, I visited the tract nearly every day. Due to the layout & access required to harvest this timber, it was necessary that we cross the canal at 3 points. I noticed on one of these visits that the buffer had been over harvested in the area that contains approximately 1.5 acres (the middle crossing), between two cleared fields. While crossing the canal at that point, the operator "overharvested" Zone #1 & Zone #2, making his crossing too wide in that area. I stopped the operator, informing him of this and thought he understood what I as saying. The next day upon my visit to the site, I observed a 16" Yellow Poplar tree with visible roots in the steam bank that had just been cut. Again, I stopped him and informed him to NOT harvest any more timber within the 30' flagged buffer. Unfortunately by this time, the damage had already been done. 2) Included is the most recent Personal Forestry Management Plan for the subject, which has been accepted by the Pitt County taxing authority. The subject property has been in continuous "Present Use Value" for Forestry from the Pitt County Tax Assessor since the inception of these rules. 3) Riparian Buffer Restoration Plan The Stream Management Zone, Zone 1 (0 -10 feet from the top of the stream bank) and Zone 2 (10 — 30 feet from the top of the stream bank) was over cut, removing most all of the natural vegetation for a linear distance of less than 425 feet in two areas near & around both stream crossings. These areas contain approximately 12,750 square foot or less than 0.30 acres. The entire distance of required SMZ Buffers on the subject property is approximately 4,485 feet. This distance doesn't include the travel way used to maintain the canal but rather is actual distance in the woodland. The area containing the Buffer Violation will be hand planted in the upcoming tree planting season (between December 15, 2019 & March 30, 2020) with Sweet Gum and Red Maple (approximately 100 trees, each species) on a 9'x 9' spacing, which will result in approximately 538 trees per acre. I have contacted Mathew Ordess with Winstead's Reforestation. They have been contracted to handle the reforestation of the above referenced buffer zone, along with the rest of the parcel. A representative of Pamlico Land and Timber Company (most likely me) will personally inspect the buffer during 1" quarter of each year, for the next five years after replanting. A survival count will be conducted during this inspection and the results submitted in writing to the North Carolina Department of Environmental Quality, Division of Water Resources, Washington Regional Office by June 1 of each year as required. If during these inspections, the survival count shows less than 260 Sweet Gum and Red Maples living per acre, replanting will occur to achieve the required stand stocking, which in this area would be a minimum of 78 total trees. 4) 1 spoke with the logger Derick Cordon and the landowner Billy Wayne Loftin on August 19, 2019 by telephone concerning this violation and then met in person with the logger & his crew concerning this violation on August 21, 2019, four days after receiving notification of this violation. We discussed the meaning of "Streamside Management Zones" and their purpose. They have been instructed going forward, not to harvest any trees that have not been marked on the ground for removal within the SMZ. They have also been instructed to not place any equipment, wheeled or tracked, in the SMZ except at designated, identified stream crossings. If the mechanical harvester (felling machine) can't reach into the buffer & remove trees without traveling into the Buffer, the only option is manual chain saw felling. If due to safety concerns this isn't possible, no timber within Zone 1 & Zone 2 is to be harvested or removed. I have met with Mike Blake, Pitt County Ranger with the North Carolina Division of Forestry Resources concerning this matter. He provided information which I have shared with members of the logging crew to be used as guidance going forward on the handling of these types of SMZ buffer situations & Neuse River Buffer Rules. Thank you for your assistance and we look forward to resolving the problems & preventing them from occurring again. Bobby Padgett Pamlico Land and Timber Company Personal Forestry Management Plan Year a t; �1 County of Pitt (For a glossary list of Forestry Management terms visit the following website: www.dfr.state.ne.us , click on Publications under News, Information & Publications, and then click on Forest Management under Publication Categories. Scroll down to Forestry Leaflets, FM -1 Glossary of Forestry Management Terms.) Parcel(s) j Acres -_ a 1. �o p t39Y3 a1l.l� Property Owner(s) Mailing'Address City/State/Zip r 4Z.4, G . P Phone Contacts (H) - ,(W) (C) -717-/,2/� Personal forestry- management plan for above parcel(s) of land are as follows: 1. Management and Landowner Objectives: r L e p ' n� 6T (trC. bes� t. Ted dO 4r�3+r 2 Parc 1 ct Locations: Ca "e LO 6 or- 3. Forestry Inventory: o t✓ rye c c t< d n 4. -H} -pest Dates: ---� ' `e '--� �a�-- n �0 WIC d tris i i l P t- a 6 l.� e afi (ea 6 �. egeneration: l .rIJ eor l�c.-t 1N 10C -CL io qac o (d n, r,\ mss, F% r% I IN -20'�rn r5 au) d -y 6. Silviculture (Improvemeni pla for groin let-' v 1 C-( D k e,. . CA A 7. rotection and Maintenance: S P 1C pn� r Q�< Z /ta 4010*V c I4� "c` Owner(s) Signatures(s) ' 1 / Date Signed: Owner(s) Signatures(s) ' � � Owner(s) Signatures(s) - - - Date Signed: --- -- __-- Date Signed: P,grs. C- 6T r F From: Bobby Padgett To: Scarbraugh. Anthony Subject: RE: [External] RE: Contact Date: Friday, August 30, 2019 8:24:21 PM 6 • External email. Do not click links or open attachments unless you verify. Send all suspicious email as an to reoort.spamPnc. oovv Thanks /Robe vt & t aAgett NC State Certified General Real Estate Appraiser (A2996) Pamlico Land and Timber Co. 334 Vernon White Road Winterville NC 25890 252-714-1062 cell baadgett(@suddenlink.net From: Scarbraugh, Anthony [mai Ito: anthony.scarbraugh@ncdenr.gov] Sent: Friday, August 30, 2019 4:00 PM To: Bobby Padgett Subject: RE: [External] RE: Contact Any other hardwood besides red ample, sweet gum or black willow is fine. Anthony Anthony Scarbraugh Ewironme"fal specialist 71, Fater esomrces Forth Carolina Deparunent of En- ronrmenkg uali#.- 2.52.948.392.4 (Office) Anthony. S carbraugh. edm- r.gov bF i{iYfl �[iN7C1k�'dCL'�€r&NJ&IN UrsaG*k SSAS + '7.' lwpartln From: Bobby Padgett[ma ilto:bpadgett@suddenlink. net] Sent: Friday, August 30, 2019 3:55 PM To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: RE: [External] RE: Contact I email. Do not click links or open attachments unless you verify. Send all suspicious email asan attachment to reaort.spam(@nc.gov Anthony Can we use poplar, either white or red oak if available or persimmon? I talked to the tree planter & he said some nurseries were already saying they had limited availability. C= 12o-bev & PadWtt NC State Certified General Real Estate Appraiser (A2996) Pamlico Land and Timber Co. 334 Vernon White Road Winterville NC 25890 252-714-1062 cell bpadgettCcDsuddenlink.net From: Scarbraugh, Anthony [mailto:anthony.scarbraugh(a)ncdenr.gov] Sent: Friday, August 30, 2019 7:21 AM To: Bobby Padgett Subject: RE: [External] RE: Contact Mr. Padgett, You will need to substitute two other tree species besides Sweet Gum and Red Maple. These species are considered successional and are not accepted for buffer replanting. Thanks, Anthony �. .DEQ Anthony Scarbraugh Drwironmental Specialist 71, i ter Resources North Carolina Department of En- ronmen#al uali#.- 252.948.392.4 (Office) Anthony. Scarbraugh-guedmi.gov GIW OW6MXrderx:e to"firm Un ackkt is sate to VO h QVOFra9 R"G RX OFF Law a� +fray be did to IW PgtIEM From: Bobby Padgett [mailto:bpadgettC@suddenlink.net] Sent: Thursday, August 29, 2019 6:06 PM To: Scarbraugh, Anthony <anthony.scarbraughCcDncdenr.gov> Subject: [External] RE: Contact External email. Do not click links or open attachments unless you verify. Send all suspicious email as an 7,attachment to reoort.spaml@nc.gov Anthony Please see attached for information in reference to Billy Wayne Loftin, II property, Pitt Co., NC. If I need to provide more information, correct anything not correct or identify anything further, please let me know. I noticed when the documents scanned, they feed out of line. Let me know if need a hard copy. Thank you for your help; we'll get this situation resolved as soon as possible. Thankyou Bobby IZob v t 3. Pagett NC State Certified General Real Estate Appraiser (A2996) Pamlico Land and Timber Co. 9331 NC Hwy 32 North Washington NC 27889 252-714-1062 cell baadgett(@suddenlink.net From: Scarbraugh, Anthony[mailto:anthony..scarbraugh(cbncdenr.gov] Sent: Thursday, August 29, 2019 7:17 AM To: boadgett(a)suddenlink.net Subject: Contact ,eOrDEQ5 Anthony Scarbrau Erfironmental Specialist 71 i ter Resources North Caroling Department of En%-ircnmenW Quality- 252.948.392.4 (Office) Anthony- S carbraugh- cdenr_gov Exr& corasparxWxce ro"kart un acoer s s sate m v e Noflh Qwoirae f'UW Records Law aid r 1W part�n