20081549 Ver 1_Buffer and nutrient offset audit_20091130

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PROGR.A 1441
November 3, 2009
To: John Dorney - DWQ
FROM: Marc Recktenwald - EEP
RE: Riparian Buffer and Nutrient Offset Mitigation Verification for
Casey Dairy Buffer Restoration Project - Jones County (Meuse 04)
L5 LI
NO V 3 0 2009
MR s'Quti.rrr
ate,
Although there is NO MEMO from DWQ, there was an a need for the Ecosystem
Enhancement Program (EEP) to determine the amount(s) of Riparian Buffer Mitigation and/or
Nutrient Offset Credit that would be available from the subject site. The following addresses
that need:
1. Stream determinations must be made to determine areas that may be used for Riparian
Buffer Mitigation (streams) and areas that may be used to generate Nutrient Offset Credit.
Action: On October 27, 2009, Lia Myott Gilleski conduted a stream determination on this site
(attached). The attached Figure 1 depicts the areas that will generate Riparian Buffer Mitigation
and the areas that will generate Nutrient Offset Credit. Based on the stream determination and
GIS analysis, there are 46.32 acres that will generate Riparian Buffer Mitigation and 24.51 acres
that will generate Nutrient Offset Credit.
Based on the above information, the Debit Ledger will list this site with 46.32
Riparian Buffer Mitigation Units and 24.51 Nutrient Offset Credits.
If you have any questions or wish to discuss this matter further, please contact me at any time.
Cc: Cyndi Karoly - NCDENR-DWQ - 401 Oversight and Express Permits Unit
Pa+arx a t u lina tajys etti gr;haii mint ro;rirn, 1 i ?l ? r? cz fz??t r, lea 1, 1 21699-1652 ,f 919-115-0416
NCDEENR
North Carolina Department of Environment and Natural Resources
Division of Water Qua!ity
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 29, 2009
Mr. Tim Baumgartner
EEP Full Delivery Section
1652 Mail Service Center
Raleigh, NC 27604
Subject Property: Casey Dairy
DWQ # 08-1549v2
Wayne County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Baumgartner:
On October 27, 2009, at your request, Lia Myott Gilleski conducted an on-site determination to review
nine stream features located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 213 .0233). The features are labeled as "A" through "I" on the attached maps initialed by Lia M.
Gilleski on October 29, 2009. The Division of Water Quality (DWQ) has determined that the following:
• Feature "A" is subject to the Neuse Buffer Rule since it is a perennial stream (Walnut Creek)
• Feature "B" is trot subject to the Neuse Buffer Rule since it is an ephemeral stream/wetland area.
• Feature "C" is not subject to the Neuse Buffer Rule since it is not located oil either the USGS
topographic map or the Wayne County soil survey map; however, it is an intermittent stream at
the point labeled "C I " on the attached soil map.
• Feature "D" is not subject to the Neuse Buffer Rule since it is a man-made ditch.
• Feature "E" is subject to the Neuse Buffer Rule in the project area. It is an intermittent stream at
the point labeled "EI" on the attached soil map.
• Feature "F" is subject to the Neuse Buffer Rule in the project area. The pond and the stream are
both subject.
• Feature "G" is subject to the Neuse Buffer Rule in the project area. It is an intermittent stream at
the point labeled "G I" on the attached soil map.
• Feature "H" is subject to the Neuse Buffer Ride since it is a perennial stream.
• Feature "I" is subject to lire Neuse Buffer Rule in the project area. It is an intermittent stream at
the point labeled "I I" on the attached soil map.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ that a surface water exists and that it is subject to
the buffer rule may request a determination by the Director. A request for a determination by the Director
shall be referred to the Director in writing c/o Cyndi Karoly, DWQ 401 Oversight/Express Review
Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You must act within 60 days of the date
that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not
start until the affected party (including downstream and adjacent landowners) is notified of this decision.
This determination is final and binding unless you ask for a hearing within 60 days.
401 Oversight,Express Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 Noi thCarolina
Location. 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone [phone] FAX [phone] atmallry
Internet http !Vo enr state nc us;rimetlands'
r:rEqualOpportun,ty Af;mativeA.!t`)nErrooyar
Casey Dairy
Page 2 of 2
October 29, 2009
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. If you have any questions, please contact Lia Myott Gilleski at 919.733.9502.
CHSIcbk11mg
Attachments: Wayne County Soil Survey Map
USGS Topographic Map
Sii rely,
C leen H. Sullins
cc: Chris Pullinger, DWQ Washington Regional Office
File Copy
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