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HomeMy WebLinkAbout20180199 Ver 1_Site Viability Assessment Letter_20180313Water Resources ENVIRONMENTAL QUALITY March 13, 2018 Water & Land Solutions, LLC Attn: Mr. Scott Hunt 11030 Raven Ridge Road, Suite 119 Raleigh, NC 27614 (via electronic mail: scott(cr�,waterlandsolutions.com ) ROY COOPER covelvor MICHAEL S. REGAN sec clary LINDA CULPEPPER III lei im Oily( Ior DWR ID# 2018-0199 Johnston County Re: Site Viability for Buffer Mitigation & Nutrient Offset — Buffalo Creek Site Near Salem Church Rd, Wendell, NC Neuse 03020201 Johnston County Dear Mr. Hunt, On February 21, 2018, Katie Merritt, with the Division of Water Resources (DWR), assisted you and others from Water & Land Solutions, LLC at the proposed Buffalo Creek Mitigation Site (Site) in Wendell, NC. The Site is located in the Neuse River Basin within the 8 -digit Hydrologic Unit Code 03020201. The Site is being proposed as part of a full -delivery stream restoration project for the Division of Mitigation Services (RFP #16-007279). Members of the Interagency Review Team (IRT) and Division of Mitigation Services were also present onsite. At your request, on February 21, 2018, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to streams onsite, which are shown on the attached map labeled "Figure 10". Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB) out to 200' from each feature for buffer mitigation pursuant to 15A NCAC 02B .0295 (effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240. Feature Classification 15ubied Riparian Land uses Buffer ZNutrient Mitigation Type Determination w/in riparian to Buffer adjacent to Feature areas Credit Offset Viable Rule 0-200' at 2,273 Viable lbs acre R3 Stream Yes Forested Yes3 No Forested Areas - Preservation Site per 15A NCAC 02B (o)(5) R4 Ephemeral No Forested *Yes3,4 No Forested Areas - Preservation Site per 15A NCAC 02B (o)(7) *Must meet additional requirements under .0295 (o)(7) to be viable for buffer mitigation R5 Stream No Forested Yes3 No Forested Areas - Preservation Site per 15A NCAC 02B (o)(4) State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Buffalo Creek Full -Delivery Site Water Land Solutions March 13, 2018 Feature Classification 1Subiect Riparian Land uses Buffer ZNutrient Mitigation Type Determination w/in riparian to Buffer adjacent to Feature areas Credit Offset Viable Rule 0-200' at 2,273 Viable Ibs acre R6 upper Ephemeral No Mostly forested w/ *Yes3.4 Yes (field Forested Areas - Preservation Site per 15A some fields in row crop only) NCAC 02B (0)(7) agriculture Fields - Restoration Site per 15A NCAC 02B .0295 (0)(7) *Must meet additional requirements under .0295 (0)(7) to be viable for buffer mitigation R6 lower Stream No Mostly forested w/ Yes3 Yes (field only Forested Areas - Preservation Site per 15A some fields in row crop NCAC 02B (0)(4) agriculture Fields - Restoration Site per 15A NCAC 02B .0295 (0)(3) Main Stream Yes Forested Yes3 No Forested Areas - Preservation Site per 15A Stem (MS) NCAC 02B (0)(5) 'Subjectivity calls for the features were determined by DWR in correspondence dated March 12, 2018 using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil survey map prepared by the NRCS 2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer Establishment 'The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 0295 (0)(5) and 15A NCAC 0295 (0)(4). Site cannot be a Preservation only site to comply with this rule. 'The area of the mitigation site on ephemeral channel shall comprise no more than 25 percent (25%) of the total area of buffer mitigation per 15A NCAC 02B .0295 (0)(7). The attached map (Figure 10) showing the project site and features was provided by Water & Land Solutions and was initialed by Ms. Merritt on March 13, 2018. As a result of the site viability assessment for this Site, which indicates a majority would classify as a Preservation Site under 15A NCAC 02B. 0295 (4) and ((5), most of this Site would not be able to generate buffer mitigation credits. This letter should be provided in any future stream, wetland, buffer and/or nutrient offset mitigation plans for this Site. This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written approval prior to conducting any mitigation activities in riparian areas and/or surface waters for buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any mitigation activities in riparian areas and/or surface waters. All vegetative plantings, performance criteria and other mitigation requirements for riparian restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being viable for nutrient offset credit above, one could propose a different measure, along with supporting calculations and sufficient detail to support estimates of load reduction, for review by the DWR to Page 213 Buffalo Creek Full -Delivery Site Water Land Solutions March 13, 2018 determine viability for nutrient offset in accordance with 15A NCAC 02B .0240. For any areas generating wetland mitigation credit, no buffer or nutrient offset credit can be generated. This viability assessment will expire on March 13, 2020 or upon the submittal of an As -Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this correspondence. KAH/km Attachments: Figure 10 cc: File Copy (Katie Merritt) DMS - Jeff Schaffer (via electronic mail) Sincerely, I�j� 4K*�� Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 313 Lcend '� [=Conservation Easement L____ Water Quality Improvement Features Mitigaton Types , a� Restoration, P1) Enhancement Enhance,7(ent II ---- Prese Vation Ripari Wetland Restoration et and Enhancement Wetland Rehabilitation R6 (upper) WATER &LAND SOLUTIONS R6 (lower) R3 (lower) I MS -R1 W1 R4 ref R5 (lower) �... MS -R2 W3 R3 (upper) W(upper) FIGURE Buffalo Creek Tributaries Proposed Mitigation Project Mitigation Features NAD 1983 2011 State Plane 0 North Carolina FIPS 3200 FT L Option 1- Mitigation Credit Summary Stream Stream Stream Stream Total Stream Enhancement Enhancement Mitigation Credits Restoration" Preservation Level Level 11 SMCs 3,360 S, 43 43 4,073 Riparian Riparian' Riparian Total Riparian A Wetland Re- ,Wetland Wetland Wetland establishmgpt- Rehabilitation o Enhancement Mitigation Credits (WMCs) �` 0.0 2.3 0.4 `' 2.7 Option 2- Mitigation Credit Summary Stream .Stream .S Stream Stream 'Total Stream Restoration Enhancement Enhancement Preservation Mitigation Credits Level) Level 11 (SMCS) 3,360 286 43 43 3,732 Riparian Riparian,,-- Rip 'an Total Riparian Wetland Re- Wetland Wetlanif ., Wetland establishmenttR6habilitation Enhancement Mitigation Credits W2 (WMCS) 2.3 0.4 'l:z R6 (upper) WATER &LAND SOLUTIONS R6 (lower) R3 (lower) I MS -R1 W1 R4 ref R5 (lower) �... MS -R2 W3 R3 (upper) W(upper) FIGURE Buffalo Creek Tributaries Proposed Mitigation Project Mitigation Features NAD 1983 2011 State Plane 0 North Carolina FIPS 3200 FT L