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HomeMy WebLinkAboutlewis farmW w e F North Carolina Department of Agriculture s and Consumer Services N. C. Forest Service Steven W. Troxler N C Department of Environmental Quality Commissioner Received 304 Old Hargrave Road AUG 16 2019 Lexington, NC 27295 (336) 500 -3661 -cell; (336)956-2111Winston-Salem r. E-mail address: Nancy. Blackwood(cr�,ncagr.g_ov Regional Office August 15, 2019 NC Department of Environmental Quality, DWR c/o Sue Homewood, Environmental Senior Specialist 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Reference: Referral of Forestry Operation, Guilford County Landowner: Lewis Brothers Farms LLC Logging Contractor: Pete Harrelson Logging (also the timber buyer) Dear Ms. Homewood: ,_ TH CAROUN4 Scott Bissette Assistant Commissioner This letter is a notification of DWR by the N.C. Forest Service that our agency is referring a tree -harvesting operation on the property listed below: • Tract located in Guilford County at/near 6649 Osceola-Ossipee Road, parcel # 227510. Owner: Lewis Brothers Farms LLC, c/o Robert Lewis 8130 Troxler Mill Road Gibsonville, NC 27249 This referral is being made for the following reasons: • Potential violation of the Jordan Lake Watershed Riparian Buffer Rule, 15A NCAC 02B.0267. Potential violation of the Perennial Stream Temperature standard described in 02 NCAC 60C .0208, of the North Carolina FPGs. Background Summary The timber on this tract has been clear-cut harvested. We've been told that the logging contractor finished the operation about 45 days ago. According to the logging contractor, more timber will be harvested soon on this parcel. The owner of the logging operation, Mr. Pete Harrelson, has been notified of non-compliance issues with the Forest Practice Guidelines Related to Water Quality, as well as a possible buffer rule violation. This site is located within the Jordan Lake Watershed. The perennial stream, Stream A, and the intermittent stream, Stream B are not shown on the USGS 1:24000 quad topographic map but they are shown on the most recently published NRCS soil survey map. Therefore, both streams are subject to this buffer rule. For your awareness, there are also some stream obstructions in the harvest area, and we are working with the logger to have him remove those obstructions through our agency's FPG inspection process. 1616 Mail Service Center, Raleigh, North Carolina 27699-1600 Phone: (919) 857-4801 • FAX (919) 857-4802 • www.nctorestservice.gov An Equal Opportunity Employer Thank you in advance for your involvement in this project. If you need any further information or if you have any questions, please do not hesitate to call me. I can be reached at 336-500-3661. Sincerely, Nancy L. Blackwood Water Quality Forester, RF # 1210 Enclosures: Referral Notification letter to Landowner with photographs Site Inspection & FPG Compliance Notification Forms Tract Map Soil Map USGS Topo Map CC: Robert Lewis of Lewis Brothers Farms LLC, Landowner James Holt, Guilford County Ranger, NC Forest Service Mark Bost, District Forester, District 10 -NC Forest Service Kevin Harvell, Region 2 Regional Forester- NC Forest Service Tom Gerow, Water Resources Staff Forester- NC Forest Service Scott Bissette, Assistant Commissioner, NC Forest Service Steven W. Troxier Commissioner North Carolina Department of Agriculture and Consumer Services NORTH CAROLINA FOREST SERVICE D10 — Water Quality Project — Guilford County (36` 11.19' -790 32.54') Landowner: Lewis Brothers Farms LLC Logging Contractor: Pete Harrelson Logging Timber Buyer: Logging contractor bought timber directly WQ-FY20 — Lewis Brothers Farms- Pete Harrelson Logging Lewis Brothers Farms LLC 8130 Troxier Mill Road Gibsonville, NC 27249 Dear Mr. Lewis, CARCARD�Ppa C Scott Bissette Assistant Commissioner 304 Old Hargrave Road Lexington, NC 27295 August 15, 2019 On August 1St, our agency conducted an initial inspection of a timber harvest site on your property near the intersection of Osceola-Ossipee Road and Busick Quarry Road in the northeast section of Guilford County. It's our understanding that the logging contractor finished harvesting the trees about 45 days ago. I understand from the logging contractor that more harvesting will take place in the near future on the south side of the gas line right-of-way. Approximately 20 acres have been clear-cut harvested so far. There are three streams located on your property, including Reedy Fork Creek and 2 other smaller streams that eventually feed into Reedy Fork Creek. The timber on your property was harvested from an access road and logging deck located on Mr. Wayne Shepherd's property. A skidder stream crossing located on his property was used to access your timber as well. After walking over the harvest area, it was determined that the tract is potentially in violation with the Jordan Lake Watershed Riparian Buffer Rule (15A NCAC 02B .0267) and is out of compliance with the NC Forest Practice Guidelines Related to Water Quality (FPGs). This tract is in the process of being referred to the NCDEQ-Division of Water Resources, Winston-Salem Regional Office for the potential riparian buffer rule violation, as well as the possible stream temperature noncompliance associated with FPG .0208. A tract map is provided to show the locations of the streams, logging deck and crossing used to access your timber. 1616 Mail Service Center, Raleigh, North Carolina 27699-1600 Phone: (919) 857-4801 • FAX: (919) 857-4802 • www.ncforestservice.gov An Equal Opportunity Employer Timeline of events: - 8/1/2019: NCFS personnel Kyle Smith, the Guilford County Assistant County Ranger and Nancy Blackwood, the Water Quality Forester for this area, inspected a portion of the site. 8/5/2019: Nancy Blackwood and Mark Bost, NCFS Lexington District Forester, inspected the harvest in its entirety. The findings resulted in the tract being placed Out of Compliance with the Forest Practice Guidelines Related to Water Quality, as described below. Carefully review the attached Site Evaluation & Compliance Notification Forms and accompanying map. Non -Compliance Conditions and Corrective Actions Needed • FPG .0202 Prohibition of Debris Entering Streams: Stream obstruction and the impediment of stream flow shall be prevented by keeping debris from the harvesting job out of the streams. Stream flow has been impeded, particularly in Stream A, due to logging debris in the channel in numerous places. Both stream channels must be cleared of logging debris. Do not degrade the banks of the streams while doing so. Reference to photos. • August 16, 2019: Re -inspection will be conducted by the NC Forest Service to determine if corrective actions have been taken and are effective. Potential solutions to fix certain non-compliance issues can be found in the NC Forestry Best Management Practices (BMP) Field Guide or the BMP Manual. We would be glad to provide you with a copy. Also, this manual is on our website under the topic Water Quality at www.ncforestservice.gov. I encourage you to call the Guilford County Ranger office and give us an opportunity to review the rehabilitation work before the contractor leaves, so that we can determine if the work achieves the needed correction actions. We have notified the logging contractor, Mr. Pete Harrelson about the issues. We are currently working with him to resolve the stream obstruction. As noted below, he has received a copy of this letter. Water Quality Referral to Div. of Water Resources We are making an interagency Referral to the NC -DEQ Div. of Water Resources due to the following reasons: • Potential violation of the Jordan Lake Watershed Riparian Buffer Rule, 15A NCAC 02B .0267. • Potential violation of the Perennial Stream Temperature standard described in 02 NCAC 60C .0208, of the North Carolina FPGs. Shade within Streamside Management Zones associated with natural perennial streams must be retained to protect the stream from temperature fluctuations. Stream A appears to have been impacted due to sections of the SMZ being cleared off allowing an abundance of sunshine to reach the stream. Page 2 of 5 If you have any questions regarding this letter, please do not hesitate to call me at (336) 500-3661. Enclosures: Tract Map Topo Map Soils Map CC: Sincerely, I' Ayac'� Nancy L. Blackwood Region 2 Water Quality Forester NC Registered Forester #1210 Water quality inspection forms NC Forest Practice Guidelines Related to Water Quality, Forestry Leaflet #WQ 1. Jordan Lake Buffer Rule, Forestry Leaflet #WQ 14. NCFS Guilford County File NCFS District 10 Landowner File Pete Harrelson Logging NCDEQ Div. of Water Resources, Winston-Salem Regional Office, c/o Sue Homewood Page 3 of 5 a` qs"I 1 • y � 'r y r. Ts J ' fes,, '� ��� �,�s 4 ` � �::\ .F ♦ , g � � j� -�/�' ;. T K�� �. JK IF Vp 77 t�I . �f" 'd '4 l + . .r FOREST WATER QUALITY SITE INSPECTION & ' COMPLIANCE NOTIFICATION FORM ("Form 4808-1") NCDA&CS - North Carolina Forest Service (NCFS) NCFS Person Receiving Info: INancy8lackwood Source of Information: MNCFsL DEMLR D Describe Site Location, Type of Operation & Observations: District 10 County: Guilford RiverBasin: CapeFear Lat 36`11.19 Lon: Tract ID #: 041-966 7932.54 Date Information Received: 8 / 1 / 2019 ]Citizen Complaint Other: Inactive logging job on the southside of Osceola-Ossipee Road east of Busick -Quarry Road near the Alamance County Line. Clear-cut operation with one deck and one crossing which are both on adjacent landowner's property, Wayne Shepherd. FPG issues include excessive logging debris in channels and possible stream temperature change due to excessive removal of trees immediately along perennial channel (Stream A). Also a potential buffer rule violation -Jordan Lake. Logger or Forest Operator Pete Harrelson Logging Pagetown Road Elon, NC 27244 336-213-6529 Landowner(s) Lewis Brothers Farms LLC 8130 Troxler Mill Road Gibsonville NC 27249 Robert Lewis, 336-362-1356 Timber Buyer same as logger owner S t.onsultant, Agent, or Kepresentative tive Forestry Operation Inactive Forestry Operation Final Harvest Thinning Prior Timber Type: Mix Upland Hwd Names of Persons Contacted On -Site: none On 8 / 1 / 2019 Est. Days Since Closeout: 45 Est. Acres: Site Prep—Other: this forestry operation was inspected for compliance with the NC Forest Practice Guidelines (" FPGs "), and/or applicable Riparian Buffer Rules, and/or other water quality rules. It was determined: This forestry operation is currently In -Compliance with Forest Practice Guidelines Related to Water Quality (FPGs). This completed forestry operation is in Temporary Compliance with the FPGs, pending vegetative groundcover growth. -X- This forestry operation is Out -of -Compliance with the FPG standards checked below: .0201 Streamside Management Zone0204 Access Road Entrance 0207 Fertilizer Application -X .0202 Stream Obstruction .0205 Prohibition of Waste X .0208 Stream Temperature 0203 Road/Skid Trail Stream Crossings .0206 Pesticide Application .0209 Rehabiliation of Site If this box is checked, then this site has a Violation of either: ......... ❑G.S. 77-13 or FIGS. 77-14 LUKKECTIVE ACTION(S) NEEDED: REQUIRED COMPLETION DATE: g / 16 / 2019 Logging debris generated/created by the logging operation should be removed from all stream channels to allow for unobstructed/ unimpeded stream flow. (Note: Out of Compliance finding for FPG .0208 will be Referred to DWR). - u "i UC IC -1115P lieu aver uie negwrea uompietion uate to aetermine it sufficient corrective action(s) have been take to achieve compliance. If site conditions restrict you from completing the Corrective Actions, you may request a time extension by calling the N.C. Forest Service employee at this number: 336-500-3661 . A limited extension may be granted, based on past performance and potential risk to water quality. IF THIS BOX IS CHECKED, then we are required to notify the appropriate state environmental agency(ies), thereby making a Water Quality Referral due to a potential risk to water quality or environmental conditions. See letter and Site Summary Report. During the site inspection it was observed that this forestry operation is potentially in violation of water quality rules associated with the following topics (if a box is checked below). We may be required to notify a state environmental agency. See accompanying letter. EDRiparian Buffer Rule Wetlands Rules Other: Inspector's Signature: Nancy Blackwood Date: 5 -Aug -19 4808-3A(e) (712018) Water Quality Inspection • ••• Record _•• North•Forest Tract / Landowner Name: Lewis Brothers Farms LLC Tract ID: 041-966 County: Guilford Record 3A.4 Date: B / s / 2019 Type of Follow -Up: Site Visit— Phone Call E]Email/Text other. NCFS Employee Conducting Follow -Up: Nancy Blackwood Person(s) Contacted During Follow -Up: Pete Harrelson - -• • - I(Vt (1PNO', complete a 4808-1) Check Box if Final Closeout I canes Mr Harrelson a second time to find out who else he harvested timber for besides Mr. Lewis. He told me Mr. Shepherd. I asked him about Ms. Satterfield. He told me Mr. Lewis' cousin bought that parcel he thought. I called the tax office and found out that Mr. Shepherd bought the Satterfield property. We discussed the Forest Practice Guidelines issues. He said he would try to have a trackhoe on site Wednesday or Thursday to rehabilitate the crossing and remove the logging debris from the streams. He told me he would call when he was getting ready to finish so we could inspect it. Record 3A.5 Date: 8 / y / 2019 Type of Follow -Up: Site Visit Phone Call nEmail/Text pother, NCFS Employee Conducting Follow -Up: Nancy Blackwood Person(s) Contacted During Follow -Up: Pete Harrelson 'NO', complete a 4808-1) Check Box if Final Closeout: Mr. Harrelson called me in the morning to let me know a heavy rain fell on site last night therefore he would not be moving equipment over to the logging site until it dries off. I asked Mr. Harrelson for Mr. Lewis's phone number. Brian Yeich asked me to set up a meeting with Mr. Lewis. I called Mr. Lewis later in the afternoon once I received the number from Mr. Harrelson. We agreed on a 4pm meeting for the next day, Thursday, August 8th. Record 3A.6 Date: 8 / 8 / 2019 Type of Follow -Up: Site Visit Phone Call NCFS Employee Conducting Follow -Up: Nancy Blackwood, Kevin Harvell, Brian Yeich Person(s) Contacted During Follow -Up: Robert Lewis and his two sons nEmail/Text other NO I (11'NO', mmplete a 4808-1) Check Box if Final Closeout: Mr. Lewis informed us that he was in the process of making plans to build a pond on Stream A. He told us the area of his property that was harvested would be converted to agriculture use as in building a pond and stumping the area to expand his crop fields. After we discussed our process of referring potential DWR buffer rule violations and the fact that existing wooded stream buffers must be maintained even for conversions to agriculture use, he seemed to understand why we needed to refer the site to DWR. We discussed further the need to clear out the stream channels of logging debris including at the crossing and the need to stabilize the crossing to prevent any further sediment from entering the stream at the crossing site. They seemed to understand the need to maintain stream flow and to keep sediment out of the streams. They acknowledged that it would be best to call us when the logger returns to finish harvesting the rest of the tract to ensure that the streams are buffered properly. If continued on another 4808-3, indicate page numbers: Page I of M" ' e ' ' Water Quality Inspection Follow -Up Record North Carolina Forest Service North Carolina Forest Service (NCFS) employees use this form to help record and document follow-up site visits, phone calls, and other communications related to the forestry site inspection(s) that are referenced on the accompanying forms 4808.1 and/or 4808.2. Tract / Landowner Name: Lewis Brothers Farms LLC Record 3A.1 Date: $ / 1 / 2019 Type of Follow -Up: Tract ID: 041-966 Site Visit F] Phone Call NCFS Employee Conducting Follow -Up: Nancy Blackwood, Kyle Smith Person(s) Contacted During Follow -Up site was inactive County: Guilford F]Email/Text nOther Him• • YES [1'NO' complete a 4808-1) Check Box if Final Closeout Additional comments to 4808-1: This site was checked late in the afternoon, therefore we did not have sufficient time to investigate the entire logging operation. We walked the entire length of Stream A from the pond below the gas line to th property line near the logging deck. We determined this was a perennial stream. We did not have time to inspect the area closer to the road. There were numerous spots along Stream A with logging debris in the channel impeding water fi.^.6md of the perennial stream. We also saw several trees cut with their roots exposed in the banks of the channel as well as non -high value trees cut within Zone 1 of the buffer( the first 10 foot width from the bank of the channel). We also saw pulpwood cut within the buffer. Record 3A.2 Date: 8 / 1 / 2019 Type of Follow -Up Site Visit Phone Call nEmail/Text nOther NCFS Employee Conducting Follow -Up: Nancy Blackwood, Kyle Smith Person(s) Contacted During Follow -Up: Pete Harrelson- logger *NO*, complete a 4808-1) Check Box if Final Closeout: I called the county ranger to obtain Mr. Harrelson's phone number in an effort to find out who harvested the timber on this site. Mr. Harrelson does a lot of logging in this area. He in fact logged the site for Mr. Lewis and several other landowners. He told me there was some storm damage on the site and along the stream. I asked him if the landowner asked him to clear off the buffer. This is a question I ask of loggers who are harvesting around edges of fields because ::eany ti -:::es they are instructed to do so and sometimes we have to explain to the landowner why the buffers must remain. He told me Mr. Lewis had to deal with a similar situation a few years ago and that he had not asked him to do so. I asked Mr. Harrelson if he had taken pictures of the storm damage before he harvested the buffer. He said he did not and admitted he probably should had called us for our input. He told me the landowner was going to replant and may Record 3A.3 Date: 8 / 5 / 2019 Type of Follow -Up: Site Visit Phone Call nEmail/Text other NCFS Employee Conducting Follow -Up: Nancy Blackwood, Mark Bost Person(s) Contacted During Follow -Up: none, inactive job • ' ' • • - p1 No•, complete a 4808-1) Check Box if Final Closeout: I called Mark Bost to let him know about the potential referral. He offerred to go with me to inspect the rest of the site. We walked over the upper end of the clear-cut near the road and walked over part of the lower end near the gas line. He took several photos. We saw some storm damage but not so significant to warrant harvesting the buffer inappropriately per the Jordan Lake Buffer Rule. We saw several trees cut with their roots exposed in the bank and in general too many trees cut out of the buffer. We did not see any soil movement out of the buffer into the streams. On Stream B, and around the small pond, too many trees were cut so the buffer may be inadequate per the Jordan Lake Buffer Rule. If continued on another 4808-3, indicate page numbers: Page f of Landowner: Lewis Brothers Farms LLC County: Guilford Property Address: 6638 Osceola-Ossipee Road Lat./Long.: 36'11.19/79'32.54 Date: August 5, 2019 Drawn By: Nancy L. Blackwood y7x 0 300 600 1,200 1,800 Stream A: perennial Stream B: intermittent X: skidder crossing on Stream A m Feet 2,400 RDQV PRRY K North Carolina Forest Service USGS Topographic Map Acreages and Boundaries are approximate 1 inch = 600 feet Legend Stand Boundary access trails = Roads USA Topo Maps r, ,+ ApYY • � proximate location of Stream B on the ground Y< Stream not shown on USGS topo map. i M 2► �. � -i 9 '.7 � � - E .. T ,• ray, ari.w-� p ! ,a f � ,- Approximate location of Stream A on the ground Stream not shown on USGS topo map. lop *fir. a 'Ok-A. e$_ T �Cjpynght:© 2013 National Geographic Society, i -cubed Landowner: Lewis Brothers Farms LLC Feet County: Guilford 0 300 600 1,200 1,800 2,400 Property Address: 6638 Osceola-Ossipee Road Stream A: perennial stream Lat./Long.: 36°11.19/79°32.54 Stream B: intermittent stream Date: August 5, 2019 X: skidder crossing on Stream A Drawn By: Nancy L. Blackwood ,,, ,I 111 1 1 ll,'I I 1 1 1 11 1 I , I U WTH CAROLINA - SHEET NUMBER 12 en�n 4 pULTU�j North Carolina Department of Agriculture sRRv10E and Consumer Services nj,�C N. C. Forest Service Steven W. Troxler Commissioner 304 Old Hargrave Road Lexington, NC 27295 (336) 500 -3661 -cell; (336)956-2111 E-mail address: Nancy. Blackwoodgnca r.gov August 15, 2019 NC Department of Environmental Quality, DWR c/o Sue Homewood, Environmental Senior Specialist 450 West Hanes Mill Road, Suite 300 Winston-Salem, NC 27105 Reference: Referral of Forestry Operation, Guilford County Landowner: Wayne L. Shepherd Logging Contractor: Pete Harrelson Logging (also the timber buyer) Dear Ms. Homewood: Scott Bissette NC D ep a rt rn MTs"t Commissioner Environmental Quality Received AUG 16 2019 Winston-Salem Regional Office This letter is a notification of DWR by the N.C. Forest Service that our agency is referring a tree -harvesting operation on the property listed below: • Tract located in Guilford County at/near 6649 Osceola-Ossipee Road, parcel #s 100493 and #100495. Owner: Wayne Luther Shepherd 6649 Osceola-Ossipee Road Elon, NC 27244 This referral is being made for the following reasons: • Potential violation of the Jordan Lake Watershed Riparian Buffer Rule, 15A NCAC 02B .0267. • Potential violation of the Perennial Stream Temperature standard described in 02 NCAC 60C .0208, of the North Carolina FPGs. Back -ground SummMSummM The timber on this tract has been clear-cut harvested. We've been told that the logging contractor finished the operation about 45 days ago. According to the logging contractor, more timber will be harvested soon on this parcel. The owner of the logging operation, Mr. Pete Harrelson, has been notified of non-compliance issues with the Forest Practice Guidelines Related to Water Quality, as well as a possible buffer rule violation. This site is located within the Jordan Lake Watershed. The perennial stream, Stream A, and the intermittent stream, Stream C are not shown on the USGS 1:24000 quad topographic map but they are shown on the most recently published NRCS soil survey map. The intermittent stream, Stream B, is shown on the USGS topographic map and the NRCS soil survey map. Therefore, all streams are subject to this buffer rule. 1616 Mail Service Center, Raleigh, North Carolina 27699-1600 Phone: (919) 857-4801 • FAX: (919) 857-4802 • www.ncforestservice.gov An Equal Opportunity Employer For your awareness, there are also some stream obstructions that need to be cleared, and some erosion control measures required within the harvest area, and we are working with the logger to have him remediate those issues through our agency's FPG inspection process. Thank you in advance for your involvement in this project. If you need any further information or if you have any questions, please do not hesitate to call me. I can be reached at 336-500-3661. Sincerely, �WO-44—� Nancy L. Blackwood Water Quality Forester, RF #1210 Enclosures: Referral Notification letter to Landowner with photographs Site Inspection & FPG Compliance Notification Forms Tract Map Soil Map USGS Topo Map CC: Wayne L. Shepherd, Landowner James Holt, Guilford County Ranger, NC Forest Service Mark Bost, District Forester, District 10 -NC Forest Service Kevin Harvell, Region 2 Regional Forester- NC Forest Service Tom Gerow, Water Resources Staff Forester- NC Forest Service Scott Bissette - Assistant Commissioner - NC Forest Service North Carolina Forest Service Water Quality Map Acreages and Boundaries are approximate 1 inch = 500 feet Legend Stand Boundary Ponds access trails Streams Roads J 10 r V Stream B V A, 1; T"", V z j* 4 Stream C I I Stream A Landowner: Wayne Luther Shepherd County: Guilford 0 250 500 1,000 1,500 Property Address: 6646 and 6649 Osceola-Ossipee Road Lat./Long.: 36o 11.31 / 790 32.43 Stream A: perennial Date: August 5, 2019 Stream B: intermittent Drawn By: Nancy L. Blackwood Stream C: intermittent /)VM X: skidder crossing on Stream A A = Feet 2,000 North Carolina Forest Service USGS Topographic Map s Acreages and Boundaries are approximate 1 inch = 500 feet Legend C3 Stand Boundary access trails = Roads USA Topo Maps Approximate location of Stream B on the ground Stream is shown on USGS topo map. lie P � '"�:� ark• � �. � . Approximate location of Stream C on the ground 0 Stream not shown on USGS.topo map. 4 Approximate location of Stream A on the ground i t Stream not shown on USGS topo map. AJ vU yi-cu right:© 2013 National,'Geographic Society, bed Landowner: Wayne Luther Shepherd Feet County: Guilford 0 250 500 1,000 1,500 2,000 Property Address:6646 & 6649 Osceola-Ossipee Road Stream A: perennial stream Lat/Long: 36011.31/79032.43 Stream B: intermittent stream Date:August 5, 2019 Stream C: intermittent stream Drawn By: Nancy Blackwood X: skidder crossing on Stream A 1,1()RTH CAROLINA - SHEET NUMBER 12 I Steven W. Troxler Commissioner North Carolina Department of Agriculture and Consumer Services NORTH CAROLINA FOREST SERVICE D10 — Water Quality Project — Guilford County (36' 11.31' -790 32.43') Landowner: Wayne Luther Shepherd Logging Contractor: Pete Harrelson Logging Timber Buyer: Contractor bought timber directly WQ-FY20 - Shepherd- Pete Harrelson Logging Wayne L. Shepherd 6649 Osceola-Ossipee Road Elon, NC 27244 Dear Mr. Shepherd, ��pptH CART�� jN�; Scott Bissette Assistant Commissioner 304 Old Hargrave Road Lexington, NC 27295 August 15, 2019 On August 1St, our agency conducted an initial inspection of a timber harvest site on your property near the intersection of Osceola-Ossipee Road and Busick Quarry Road in the northeast section of Guilford County. It is our understanding that the logging contractor finished harvesting the trees about 45 days ago. Approximately 6 acres have been clear-cut harvested. There are three streams located on your property that eventually feed into Reedy Fork Creek. It appears that a skidder stream crossing located on your property was used to access a small section of your property as well as Mr. Lewis' adjacent property/timber harvest which is located to the south of your property. After walking over the harvest area, it was determined that the tract is potentially in violation with the Jordan Lake Watershed Riparian Buffer Rule (15A NCAC 0213 .0267) and out of compliance with the NC Forest Practice Guidelines Related to Water Quality (FPGs). This tract is in the process of being referred to the NCDEQ Division of Water Resources, Winston-Salem Regional Office for the potential riparian buffer rule violation, as well as the possible stream temperature noncompliance associated with FPG .0208. A tract map is provided to show the locations of the streams, and the deck and crossing used to access your timber. 1616 Mail Service Center, Raleigh, North Carolina 27699-1616 Phone: (919) 857-4801 • FAX: (919) 857-4802 • www.ncforestservice.gov An Equal Opportunity Employer Timeline of events: - 8/1/2019: NCFS personnel Kyle Smith, the Guilford County Assistant County Ranger and Nancy Blackwood, the Water Quality Forester for this area, inspected a portion of the site. 8/5/2019: Nancy Blackwood and Mark Bost, NCFS Lexington District Forester, inspected the harvest in its entirety. The findings resulted in the tract being placed Out of Compliance with the Forest Practice Guidelines Related to Water Quality, as described below. Carefully review the attached Site Evaluation & Compliance Notification Forms and accompanying map. Non -Compliance Conditions and Corrective Actions Needed • FPG .0202 Prohibition of Debris Entering Streams: Stream obstruction and the impediment of stream flow shall be prevented by keeping debris from the harvesting job out of the streams. Stream flow has been impeded, particularly in Stream A and C, due to logging debris in the channel in several places. All stream channels must be cleared of logging debris. Do not degrade the banks of the streams while doing so. Refer to photos. FPG .0203 Access Road and Skid Trail Stream Crossings: Any time a skid trail is constructed near/across a stream, extra care must be taken to divert water away from the stream and to stabilize bare soil along the trail so that sediment does not enter the stream. The crossing on Stream A is not stable. Currently there are no water diversion structures at the crossing. Logging slash has been used in places to minimize soil movement. Most times crossings can be stabilized with seed & straw, logging slash, wood mulch (6-8 inches deep), erosion control matting, water diversions such as water turnouts or a combination of these practices. A stream obstruction must also be removed at this crossing. Currently there is too much logging debris/soil in the channel of the stream which is impeding water flow. • August 16, 2019: Re -inspection will be conducted by the NC Forest Service to determine if corrective actions have been taken and are effective. Potential solutions to fix certain non-compliance issues can be found in the NC Forestry Best Management Practices (BMP) Field Guide or the BMP Manual. We would be glad to provide you with a copy. Also, this manual is on our website under the topic Water Quality at www.ncforestservice.gov. I encourage you to call the Guilford County Ranger office and give us an opportunity to review the rehabilitation work before the contractor leaves, so that we can determine if the work achieves the needed correction actions. We have notified the logging contractor, Mr. Pete Harrelson about the issues. We are currently working with him to resolve the stream obstruction. As noted below, he has received a copy of this letter. Responsibility of Maintaining Soil Stabilization After we inspect this site for FPG compliance of the corrective actions taken on the above date and it appears that these actions may prevent any further accelerated soil erosion from entering the stream, Page 2 of 6 we will then put the site in Temporary Compliance. This means that erosion control measures are installed and functioning, but time is still needed for groundcover vegetation to become established and permanently stabilize the soil. We will check the site at minimum every 30-60 days until the end of the growing season to ensure stabilization of the soil. If the site becomes unstable, we will notify you, and explain additional corrective actions. ➢ Failure to maintain stabilization in a timely and effective manner can result in us Referring the tract to the appropriate state environmental quality agency for a violation of FPGs. Water Quality Referral to Div. of Water Resources We are making an interagency Referral to the NC -DEQ Div. of Water Resources due to the following reasons: • Potential violation of the Jordan Lake Watershed Riparian Buffer Rule, 15A NCAC 02B.0267. • Potential violation of the Perennial Stream Temperature standard described in 02 NCAC 60C .0208, of the North Carolina FPGs. Shade within Streamside Management Zones associated with natural perennial streams must be retained to protect the stream from temperature fluctuations. Stream A appears to have been impacted due to sections of the SMZ being cleared off allowing an abundance of sunshine to reach the stream If you have any questions regarding this letter, please do not hesitate to call me at (336) 500-3661. Enclosures: CC Sincerely, Nancy L. Blackwood Region 2 Water Quality Forester NC Registered Forester #1210 Tract Map Topo Map Soils Map Water quality inspection forms NC Forest Practice Guidelines Related to Water Quality, Forestry Leaflet #WQ 1. Jordan Lake Buffer Rule, Forestry Leaflet #WQ-14. NCFS Guilford County File NCFS District 10 Landowner File Pete Harrelson Logging NCDEQ Div. of Water Resources, Winston-Salem Regional Office, c/o Sue Homewood Page 3 of 6 tS y lie wl -44 •tet R' ! 41 Page 5 of 6 .,w 4808-1 Ale) (712018) District 10 County: Guilford RiverBasin: CapeFear TractlD#: 041-969 Lat: 3611.31 Lon: 79°32.43 NCFS Person Receiving Info: INancyBiackwood I Date Information Received: 8 / Source of Information: I -X- NCFSL.DEMLR DWR Citizen Complaint Other: Describe Site Location, Type of Operation & Observations: 1 / 2019 Inactive logging job on the southside of Osceola-Ossipee Road east of Busick -Quarry near the Alamance County Line. Current landowner purchased additional property in March, 2019 at 6646 Osceola-Ossipee Road address. Clear-cut operation with one deck and one crossing on current landowner's property. Sediment/erosion issues at crossing; excessive logging debris in channels; potential buffer rule violation -Jordan Lake. This timber was harvested at the same time of Lewis Brothers Farms timber. Logger or Forest Operator Pete Harrelson 1036 Pagetown Road Elon, NC 27244 336-213-6529 Landowner(s) Wayne L. Shepherd 6649 Osceola-Ossipee Road Elon, NC 27244 336-215-8011 Active Forestry Operation -Final Harvest El Thinning Timber Buyer same as logger Owner's Consultant, Agent, or Representative Inactive Forestry Operation Prior Timber Type: Mix Upland Hwd Names of Persons Contacted On -Site: n/a Est. Days Since Closeout: 45 Est. Acres: Site Prep -0 Other: On 8 / 1 / 2019 this forestry operation was inspected for compliance with the NC Forest Practice Guidelines (" FPGs "), and/or applicable Riparian Buffer Rules, and/or other water quality rules. It was determined: This forestry operation is currently In -Compliance with Forest Practice Guidelines Related to Water Quality (FPGs). This completed forestry operation is in Temporary Compliance with the FPGs, pending vegetative groundcover growth. -X- This forestry operation is Out -of -Compliance with the FPG standards checked below: .0201 Streamside Management Zone 0204 Access Road Entrance 0207 Fertilizer Application -X .0202 Stream Obstruction .0205 Prohibition of Waste x .0208 Stream Temperature -X .0203 Road/Skid Trail Stream Crossings .0206 Pesticide Application .0209 Rehabiliation of Site F-1 If this box is checked, then this site has a Violation of either: ......... ❑G.S. 77-13 or nG.S. 77-14 CORRECTIVE ACTION(S) NEEDED: REQUIRED COMPLETION DATE. 8 / 16 / 2019 Logging debris generated/created by the logging operation should be removed from all stream channels to allow for normal stream flow. The crossing located on Stream A should be cleaned out to unobstruct/unimpede stream flow and stabilized to minimize the potential of any further sediment entering the stream. This site will be re -inspected after the Required Completion Date to determine if sufficient corrective action(s) have been take to achieve compliance. If site conditions restrict you from completing the Corrective Actions, you may request a time extension by calling the N.C. Forest Service employee at this number: 336-500-3661 1. A limited extension may be granted, based on past performance and potential risk to water quality. IF THIS BOX IS CHECKED, then we are required to notify the appropriate state environmental agency fles), thereby making a Water Quality Referral due to a potential risk to water quality or environmental conditions. See letter and Site Summary Report. During the site inspection it was observed that this forestry operation is potentially in violation of water quality rules associated with the following topics (if a box is checked below). we may be required to notify a state environmental agency. See accompanying letter. Riparian Buffer Rule Wetlands Rules F-1 Other: Inspector's Signature: Nancy Blackwood Date: 5 -Aug -19 4808-3A(e) (712018) North Carolina Forest Service (NCFS) employees use this form to help record and document follow-up site visits, phone calls, and other communications related to the forestry site inspection(s) that are referenced on the accompanying forms 4808-1 and/or 4808.2. Tract / Landowner Name Record 3A.1 Wayne L. Shepherd Tract ID: 041-969 County: Guilford Date: 8 / 1 / 2019 Type of Follow -Up: Site Visit n Phone Call []Email/Text other. NCFS Employee Conducting Follow -Up: Nancy Blackwood/Kyle Smith Person(s) Contacted During Follow -Up: non-active site Is 111110 • NO (if 'NO-, complete a 4808-1) Check Box if Final Closeout: Follow up comments to site visit on August 1st: This site was checked late in the afternoon, therefore we did not havIwas sufficient time to investigate the entire logging operation. We walked Stream A on this property. We determined this a perennial stream. We did not have time to inspect the area closer to the road. There were several spots along all streams with logging debris in the channel impeding water flow. The crossing on Stream A has excessive logging deb impeding water flow and is unstable in which soil movement may occur discharging sediment into the channel during a rain event. Stream C was crossed at the head of this stream. Record 3A.2 Date: s / 1 / 2019 Type of Follow -Up: Site Visit Phone Call nEmail/Text []othe, NCFS Employee Conducting Follow -Up: Nancy Blackwood, Kyle Smith Person(s) Contacted During Follow -Up: Pete Harrelson 'NO', complete a 4808-1) Check Box if Final Closeout: I called Mr. Harrelson to find out who harvested this site. Mr. Harrelson has been hired in the past to harvest the adjoining landowner, Mr. Lewis's, property. He in fact harvested the site. We discussed the issues with the crossing and the logging debris in the stream channels in addition to a potential violation of the Jordan Lake Buffer Rule. He told me there was alot of storm damage on this site. He said he would resolve the Forest Practice Guidelines issues with the crossing in the near future. Record 3A.3 Date: 8 / 5 / 2019 Type of Follow -Up: _.X Site Visit []Phone Call ❑ Email/Text other NCFS Employee Conducting Follow -Up: Nancy Blackwood, Mark Bost Person(s) Contacted During Follow -Up: none, inactive site complete a 4808-1) Check Box if Final Closeout: I called Mark Bost to let him know about the potential referral. He offerred to go with me to inspect the rest of the site. We walked over the upper end of the clear-cut near the road and walked over part of the lower end near the gas line. He took several photos. We saw some storm damage but not so significant to warrant harvesting the buffer inappropriately per the Jordan Lake Buffer Rule. We saw in general too many trees cut out of the buffer. We did not see any soil movement out of the buffer into the streams. On Stream B, and around the small pond, too many trees were cut so the buffer may be inadequate per the Jordan Lake Buffer Rule. If continued on another 4808-3, indicate page numbers: Page ) of 48 UNe) (72018) Water Quality Inspection• • • Record North•Forest Tract / Landowner Name: Wayne L. Shepherd Tract ID: 041-969 County: Guilford Record 3A.4 Date: 8 / 5 / 2019 Type of Follow -Up: Site Visit Phone Call []Email/Text pother: NCFS Employee Conducting Follow -Up: nancy Blackwood Person(s) Contacted During Follow -Up: Pete Harrelson, logging contractor liaw" ' ' • - j '(t1'1(if 'NO', complete a 4808-1) Check Box if Final Closeout: I called Mr. Harrelson a second time to find out who else he harvested timber for besides Mr. Lewis. He told me Mr. Shepherd. I asked him about Ms. Satterfield. He told me Mr. Lewis' cousin bought that parcel he thought. I called the tax office and found out that Mr. Shepherd bought the Satterfield property. We discussed the Forest Practice Guidelines issues. He said he would try to have a trackhoe on site Wednesday or Thursday to rehabilitate the crossing and remove the logging debris from the streams. He told me he would call when he was getting ready to finish so we could inspect it. Record 3A.5 Date: / / Type of Follow -Up: NCFS Employee Conducting Follow -Up: Person(s) Contacted During Follow -Up: Record 3A.6 Date: / / Type of Follow -Up: NCFS Employee Conducting Follow -Up: Person(s) Contacted During Follow -Up: Site Visit Phone Call ❑ Email/Text other. 'NO', complete a 4808-1) Check Box if Final Closeout: []Site Visit n Phone Call n Email/Text nothe, 'NO', complete a 4808-1) if continued on another 4808-3, indicate page numbers: Check Box if Final Closeout: Page of AL