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Home My WebLink About20180196 Ver 1_Wildlands request to amend viability letter_20200218Strickland, Bev From: Merritt, Katie Sent: Wednesday, February 19, 2020 10:37 AM To: Andrea Eckardt Subject: RE: [External] Catfish Pond - Viability Letter Extension for Phase II Hey Andrea, I have received your request. Thank you, Katie From: Andrea Eckardt [mailto:aeckardt@wildlandseng.com] Sent: Tuesday, February 18, 2020 4:31 PM To: Merritt, Katie <katie.merritt@ncdenr.gov> Subject: [External] Catfish Pond -Viability Letter Extension for Phase II External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov Katie - Because the Site Viability Letter for Catfish Pond expires March 13, 2020, we are requesting an extension to be used for Catfish Pond Phase II buffer and nutrient offset mitigation bank parcel. The DMS Phase I and Bank Phase II boundaries are shown on the attached figure. I have attached the original viability letter as well as a current photolog with a figure showing the photo point locations for reference. We will be installing fencing on the Phase II boundary as part of the construction of Phase I in 2020 but won't be planting until January 2021, after the MBI and BPBP have been approved and easement recorded for the Bank Parcel. Please let me know if you need any additional information to issue the extension. Thankyou Andrea Andrea S. Eckardt I Ecological Assessment Team Leader 704.332.7754 x101 Wildlands Engineering, Inc. 1430 S. Mint St, Suite 104 Charlotte, NC 28203 1 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality February 19, 2020 DWR ID# 2018-0196 Wildlands Engineering, Inc. Johnston County Attn: Andrea Eckardt 1430 South Mint St, Suite 104 Charlotte, NC 28203 (via electronic mail: aeckardt(a�wildlandseng com ) Re: Site Viability for Buffer Mitigation & Nutrient Offset — Catfish Pond Site Off US-501 (36.158391,-78.907343) Neuse 03020201 (Falls Lake Watershed) Durham County Dear Ms. Eckardt On March 13, 2018, DWR issued a site viability letter for the Catfish Pond Site (DMS RFP#16- 007279). On February 18, 2020, you requested one (1) amendment be considered to the previous letter. Upon DWR review of the documentation you provided on February 18, 2020, this letter replaces the previous letter with the following amendment only: 1. Expiration date for the viability assessment is extended through September 13, 2020. This viability assessment will now expire on September 13, 2020 or upon the submittal of an As - Built Report to the DWR, whichever comes first. Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this correspondence. Sincerely, Mac Haupt, Acting Supervisor 401 and Buffer Permitting Branch MH/km Attachments: Site Viability Letter dated March 13, 2018 cc: File Copy (Katie Merritt) D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 NORTH CARC>LJNA °ems°°'&,,,," �. s� 919.707.9000 Wa ter Resources ENVIRONMENTAL QUALITY March 13, 2018 Wildlands Engineering, Inc. Attn: John Hutton 312 West Millbrook Rd, Suite 225 Raleigh, NC 27609 (via electronic mail: scott(a),waterlandsolutions.com ) ROY COOPER Goi direr MICHAEL S. REGAN S t,cla l LINDA CULPEPPER baclini INJeI'!Ul DWR ID# 2018-0196 Johnston County Re: Site Viability for Buffer Mitigation & Nutrient Offset — Catfish Pond Site Off US-501 (36.158391,-78.907343) Neuse 03020201 (Falls Lake WS) Durham County Dear Mr. Hutton, On February 23, 2018, Katie Merritt, with the Division of Water Resources (DWR), assisted you and others from Wildlands Engineering, Inc. at the proposed Catfish Pond Mitigation Site (Site) in Bahama, NC. The Site is located in the Falls Lake WS of the Neuse River Basin within the 8- digit Hydrologic Unit Code 03 02020 1. 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 23, 2018, Ms. Merritt performed an onsite assessment of riparian land uses adjacent to streams and ditches onsite, which are shown on the attached map labeled "Figure 6A Concept Map". 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 JOB) 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 'Subject Riparian Land uses Buffer Nutrient Mitigation Type Determination w/in riparian to Buffer areas adjacent to Feature Credit Offset Viable Rule 0-200' at 2,273 Viable Ibs acre UT1 Stream & Yes Combination of Yes° Yes (non- Fields - Restoration Site per 15A NCAC 02B Wetland (where forested and forested fields .0295 (n) complex stream is non/forested pasture only) Proposed for restored) grazed by cattle Forested Areas - Enhancement Site per 15A stream NCAC 02B .0295 (o) (6) restoration Crossing 1 has impeded flow and Crossing 2 is severely perched with impeded flow. Both crossings need be repaired/replaced. State of North Carolina I Environmental Quality I Water Resources 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919 807 6300 Catfish Pond Full -Delivery Site Wildlands March 13, 2018 Feature Classification 'Subiect Riparian Land uses Buffer Nutrient Mitigation Type Determination w/in riparian adjacent to Feature areas to Buffer Credit Viable Offset Viable Rule 0-200' at 2,273 Ibs acre D Ditch No Non -forested pasture *See Yes Fields - Restoration Site per 15A NCAC 02B grazed by cattle Note .0295 (n) *The ditch meets 15A NCAC 028 .0295 (o)(8) (A, B, C & E). More information is needed for complete assessment. Catfish Stream Yes Combination of Yes° Yes (non- Fields - Restoration Site per 15A NCAC 02B Creek forested and forested fields .0295 (n) non/forested pasture only) grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) Crossing 3 has impeded flow and needs to be repaired/replaced Catfish In -line pond Yes Combination of *Yes4 Yes (non- Fields - Restoration Site per 15A NCAC 02B Pond (proposed forested and forested fields .0295 (n) for stream non/forested pasture only) Restoration) grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 026 .0295 (o) (6) *If stream channel is created & restored through the pond, the new riparian areas will be viable as a Restoration Site UT2 Stream Yes Mostly forested Yes4 Yes (non- Fields - Restoration Site per 15A NCAC 02B pasture with some forested fields .0295 (n) open canopy areas only) and grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) Mountain Stream Yes Mostly forested Yes4 Yes (non- Fields - Restoration Site per 15A NCAC 02B Tributary pasture with some forested fields .0295 (n) open canopy areas only) and grazed by cattle Forested Areas - Enhancement Site per 15A NCAC 02B .0295 (o) (6) subjectivity caiis for the features were determmed 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 Estahlishment '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 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation only site to comply with this rule. 4The area described as an Enhancement Site was assessed and determined to comply with all of 15A NCAC 02B .0295(o)(6). 1'.1c�13 Catfish Pond Full -Delivery Site Wildlands March 13, 2018 The attached map (Figure 6A Concept Map) showing the project site and features was provided by Wildlands Engineering and was initialed by Ms. Merritt on March 13, 2018. There were at least 3 crossings that need to be repaired or replaced to allow for aquatic passage and continuous hydrologic connectively throughout the streams. 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 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 6A Concept Map cc: File Copy (Katie Merritt) DMS - Jeff Schaffer (via electronic mail) Sincerely, 4 �Ik'r v Q '� N Karen Higgins, Supervisor 401 and Buffer Permitting Branch Page 313 llrl< iul■ Project Location r Proposed Conservation Easement ® BMP ' y�? ® Proposed Crossings Existing Streams a �1 Reach Breaks « Stream Enhancement II Stream Restoration Sj''�'• L', :, �1�11vla ge�i•1�1.1 'w . Wiwi - tal40.v.b o W 4 {y .L k t 1 No BMP here but can add for buffer/nutrients- • if criteria met. ,`.. ,, add this wetland to CE/prj area de r i f� r 1'!rlrlrulrlrl.l�{Isr�uiau/el�lr/rlrlMimi M e � 'f iaN, ,� Figure 6A Concept Map (Option 1) W I L D L A N D S 0 500 Feet , {{�Catfish Pond Mitigation Site ENGINEERING I I I I `(��Fleuse River Basin 03020201 1\�\ Durham County, NC