20061905 Ver 1_Buffer and nutrient offset audit_20091130

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PROGRAM
October 29, 2009
To: John Dorney - DWQ
FROM: Marc Recktenwald - EEP
RE: Riparian Buffer and Nutrient Offset Mitigation Verification for
Mason Property Wetland Restoration - Hyde County (Tar-Pam 05)
DWQ# 2006-1905
NOV .3 0 2009
DENR . WATER QUA:iTY
WETLANDS AND STORMVMATER BRANCH
By memo dated June 8, 2009 (attached), Cyndi Karoly - NCDENR-DWQ - 401
Oversight and Express Permitting Unit, requested that the Ecosystem Enhancement Program
(EEP) determine if any Riparian Buffer Mitigation and/or Nutrient Offset Credit was available
from the subject stream/wetland restoration project. A stream determination was conducted on
October 29, 2009 by the WaRO DWQ and it was determined that this is a zero order (headwater)
type stream restoration project that does not qualify for Riparian Buffer Mitigation or Nutrient
Offset Credit at this time.
Based on this information, no Riparian Buffer Mitigation or Nutrient Offset Credit
will be listed on the Debit Ledger for this site.
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
NCDENR
North Carolina Ecosystem Enhancement Program, 16S2 Mail Service Center, Raleigh, N(27699-1652 / 919-71S-047
6 / www.n(eep.net
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 8, 2009
TO: Suzanne Klimek - NCEEP
Jeff Jurek - NCEEP
FROM. Cyndi Karoly - 401 Oversight and Express Permits Unit
RE: Buffer Mitigation Site Evaluations
Mason Property Wetland Restoration - Hyde County (Tar-Pamlico 05)
DWQ # 2006-1905
Site Visit: 4/21/09 TLH/KB,/KM
DWQ Contact Person: Tammy Hill
Dee Freeman
Secretary
The Mason Property Wetland Restoration is an EEP full-delivery project designed to provide riverine and non-
riverine wetland restoration credits. At the time of the site visit, the amount of buffer and/or nutrient offset credit
proposed for this site was unknown. Tim Baumgartner from EEP and Ed Temple from Albemarle Restorations were
also present on site.
The site was previously used for agricultural activities, including row crops. A ditched feature, Mason Ditch, flows
through the site and connects with an unnamed tributary to Rose Bay downstream from the site. This feature was
left open, but the channel elevation was raised and meanders were constructed through the wetland restoration area.
Several smaller ditches were filled in order to raise the local water table. The goal was to allow Mason Ditch and
the adjacent restored wetlands to function as a system akin to a swamp run. 2008 was the first year of monitoring,
and the wetland mitigation as-built/monitoring report was available at the site visit. Woody vegetation survival had
been low, yielding an average density of 243 stems/acre. Supplemental planting occurred in 2008 and was slated for
2009.
The PCN, mitigation plan, and monitoring report do not specify riparian buffer or nutrient offset credits to be
produced by the project. If either type of credit will be generated by the project, a stream call will need to be
performed by DWQ to determine whether Mason Ditch is a ditch or a jurisdictional stream. The project may qualify
to generate riparian buffer or nutrient offset credits along Mason Ditch, however, these credits cannot be produced
by land area that is already receiving credit for wetland mitigation.
The site marked by a sign at the entrance road, and is bounded by a berm and mature forest.
ITEMS TO ADDRESS: Please provide DWQ with an accounting of all credits related to this project. If
riparian buffer or nutrient offset credits are being generated in addition to wetland credits, then provide a
map detailing the land areas that are yielding each type of credit.
cc: Matt Matthews
401 Oversight/Express Review Permitting unit
1650 Mail Service Center. Raleigh, North Carolina 276991650
location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919_733_1-7 86 t r"AX 919-733-6893
Intemer. h,tpa/h2o enr.state.nc.uslncwe!lands/
NorthCarolina
Alaturally
An Equal Opportunity 1 Affomative Action Employer
..._..
KDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 29, 2009
DWQ Project # 2009-1143
Hyde County
North Carolina Ecosystem Enhancement Program
Full Delivery Program
c/o Tim Baumgartner
1652 Mail Service Center
Raleigh, NC 27604
Subject Property: Mason Farm; Rose Bay, NC
U T to Rose Sty Crcek, Tar-Pamlico River Basin; (29-44-1, SA, I(QW, 03-03-08)
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Baumgartner:
On October 29, 2009, at your request I conducted an on-site determination to review a
drainage feature located on the subject property for applicability to the Tar-Pamlico
Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "2009-1143" on the
attached map initialed by me on October 30, 2009. The project is located on the north
side of NC HWY 264, approximately 0.5 miles west of'the intersection of Turnpike Road
(SR 1304) and NC HWY 264.
The Division of Water Quality (DWQ) has determined that the surface water
circled, highlighted in red, and labeled as "°2009-1143" on the attached map is NOT
SUBJECT to the Tar-Pamlico Buffer Rule. This feature should be identified on any
future plans for this property. The owner (or future owners) should notify the DWQ (and
ether relevant agencies) of this decision in any future correspondences concerning this
property. 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 or
Delegated Local Authority 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
Nurlh Carolina Divfsiun of Water Qualav Internet: +++++r.uc?+utcra4+a
913 Washingwn Square f.•lall Nholic 252-946.6481 ?TOtle
1!'ashin8tna?, N(.' 27889 FAX [phone] North Carolina
An Equal CpporlunA?Afflrtnative Atttbn Employer- 50% R"Ied.110% Post Consumer Paper Aa&&11?
Page 2 of 2
Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401
Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC
27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. 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. DWQ
recommends that the applicant conduct this notification in order to be certain that third
party appeals are made in a timely manner. To ask for a hearing, send a written petition,
which conforms to Chapter ISOB of the North Carolina General Statutes to the Office of
Administrative hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
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 additional questions or require
additional information please call Chris Pullinger at [phone], or Amy Chapman in
the Central Office at [phone].
Sincerely,
Al I lodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale tJSGS topograophic map, Scranton quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
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