20081473 Ver Al_Mitigation Evaluation_20100325

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NCDENR.
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
Mr. Norton Webster
Environmental Banc & Exchange
March 24, 2009
909 Capability Drive, 3100 r77? , 17", , r ..,
Raleigh, NC 27606;??''
Subject: Neuse and Tar-Pamlico Buffer Rules
Evaluation of Buffer Mitigation Sites ws , `ENIR WATEhr,,ipLrrr
Dear Mr. Webster:
Requirements for compensatory mitigation for impacts to riparian buffers in the Neuse and Tar-Pamlico
River Basins (15A NCAC 02B.0242 and 15A NCAC 02B.0260) have been in place for approximately
10 years. While applicants have the ability to satisfy their mitigation requirements through the
restoration of riparian buffers (securing a mitigation site, planting and satisfying monitoring
requirements), the majority of applicants satisfy mitigation requirements through purchase of riparian
buffer credits from the North Carolina Ecosystem Enhancement Program (NCEEP) or from private
mitigation banks.
As part of DWQ's review of existing rules, policies and procedures related to protection of water
quality, DWQ is preparing to evaluate the effectiveness and quality of riparian buffer mitigation within
the Neuse and Tar-Pamlico Basins. This work was spurred by a recent DWQ report to the Water
Quality Committee of the NC Environmental Management Commission that stated that although
wastewater plants and the agricultural industry had more than met their required nutrient reductions,
nitrogen levels in the Neuse River estuary had not yet declined. The reasons for that lack of decline may
be myriad, including that insufficient time may have passed for the nutrient reductions to be reflected in
the estuary; however, it is clear DWQ should take a closer look at the various pathways through which
nutrients enter the waters of the river basin. Since buffer mitigation areas are intended to offset
unavoidable buffer impacts elsewhere (and the loss of their accompanying nutrient reduction function),
it seems logical for us to attempt to evaluate the effectiveness of buffer mitigation projects.
Therefore, DWQ intends to conduct evaluations of all sites located within the Neuse and the Tar-
Pamlico Basins that have been used or are being used to provide buffer mitigation credits, as well as
sites constructed to provide nutrient offset credits. The purpose of the visits is not only to ensure
compliance of the sites with the mitigation requirements of the buffer rules, but also to document the
Wetlands and Stormwater Branch
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 ?Ile t, 1
Internet: www.ncwaterquality.org t?? 1VortiLCc`ll:oli nc`l
An Equal Opportunity l Affirmative Action Employer Aa&& l
status of the planted buffers with respect to tree growth, vigor, and species diversity, as well as to
identify challenges associated with the development and management of buffer mitigation sites
(easement encroachments, nuisance exotic vegetation, animal browsing, etc.). This information can then
be used in the development of improved buffer mitigation policy guidance.
DWQ will be contacting your organization to set up visits to your buffer mitigation sites. We tentatively
plan to conduct the site visits in the latter half of April. We would appreciate your assistance in
developing schedules for each of the evaluations to most efficiently and effectively visit all of your
buffer mitigation sites.
We appreciate your cooperation with this request, and look forward to visiting your buffer mitigation
sites. If you have any questions regarding this letter or the site visits, please feel free to contact Mr. Eric'.
Kulz at [phone].
Sincerely,
Matt Matthews
Wetlands and Stormwater Branch Chief
cc: Eric Kulz