20030045 Ver 1_Mitigation Information_20091130

To: John Dorney - DWQ
FROM: Marc Recktenwald - EEP
DE NR • WATER QUA?tTY
WET1aNDS ANO STORMWATER BRANCH
RE: Riparian Buffer and Nutrient Offset Mitigation Verification for
Moye Farm Riparian Restoration Site Phase II - Greene County (Meuse 03)
DWQ#2003-0045
By memo dated May 22, 2009 (attached), Cyndi Karoly - NCDENR-DWQ - 401
Oversight and Express Permitting Unit, requested that the Ecosystem Enhancement Program
(EEP) determine the amount(s) of Riparian Buffer Mitigation and/or Nutrient Offset Credit that
would be available from the subject site(s).
Note: In order to reduce confusion I have prepared separate responses for Phase I and Phase II of
this project. For Phase II the primary concern was:
Phase II
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.
Response: Chris Pullinger of the Washington DWQ has conducted a stream determination on the
site and has provided written documentation to EEP (see attached letter dated September 3,
2009). Figure 2. - Moye Farms Phase II (attached) depicts areas used for Riparian Buffer
Mitigation and areas used for Nutrient Offset credit based on the stream determination. Areas
adjacent to jurisdictional streams were used to generate Riparian Buffer Mitigation and areas
adjacent to drainage ditches were used for Nutrient Offset Credit.
Based on this information, the Debit Ledger will list this project with 19.40 acres of
Riparian Buffer Mitigation and 26.03 acres of Nutrient Offset Credit.
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
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PROGRAM 29 h1
November 3, 2009 U
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
May 22, 2009
T0: Suzanne Klimek - NCEEP
Jeff Jurek - NCEEP
FROM: Cyndi Karoly - 401 Oversight and Express Permits Unit
RE: Buffer Mitigation Site Evaluations
Moye Farm Riparian Restoration Site Phases I and II - Greene County (Meuse 03)
DWQ # 2003-0045
Site Visit: 4/20/09 JRD
Contact Person: John Domey
Dee Freeman
Secretary
The Moye Farm Riparian Restoration Site (NCEEP Full Delivery site) includes buffer restoration along unnamed tributaries
of Contentnea Creek. According to the monitoring report, 37.1 acres of buffer mitigation is available on the site as well.
Buffer width was greater than 50 feet in the reports except along the unnamed tributary. Staff present include Shelton
Sullivan, Matt Matthews, Amy Chapman, Tammy Hill, John Domey, Kyle Barnes, Anthony Scarbraugh and Chris Pullinger
and Eric Kulz from DWQ as well as, Guy Pearce, and Tim Baumgartner from EEP as well as Jeff Becker from Greene
Environmental and Kevin Tweedy from Baker Engineering.
Phase I - Portions of this phase are clearly less than 50 feet wide and some are within areas of mature vegetation especially
near the lower end of the tract and north of the turkey houses where the mature buffer is at least 40 feet wide.
Phase II - All sites appear to be greater than 50 feet wide and the planted trees are growing well. However, it is not clear
whether the buffered feature is a stream or a ditch. DWQ staff should visit the site to make a formal determination.
ITEMS TO ADDRESS: Phase I The lower end of the site and the section just north of the turkey houses is
in mature forest and therefore not eligible for buffer mitigation credit. This area
must be determined and removed from the site ledger. In addition, some areas are
less than 50 feet wide. EEP staff must determine the location and size of these areas.
DWQ will need to be copied on a letter from EEP to this effect.
Phase II - DWQ staff must be consulted and an on-site determination made as to
whether this buffered feature is a stream or a ditch. If it is a ditch, then these
credits must be removed from the buffer ledger but could be included in the
nutrient offset ledger. If the feature is a stream, then buffer credits are allowable
for this site. DW'Q will need to be copied on a letter from EEP to this effect.
cc: Matt Matthews
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center. Raleigh, North Carolina 27699-1650
Location 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone [phone] FAX: [phone]
Internet: http://h2o.enr,state.nc.us/ncwetiancs/
NorthCarofina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
NCDENR ?Opy
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 3, 2009
DWQ Project # 2009-0583
Greene County
Tim Baumgartner
Ecosystem Enhancement Program, Full Delivery Section
1652 Mail Service Center
Raleigh, NC 27604
Subject Property: Little Contentnea (Moye Farm) tract - Phases 1, 2, and 3
Middle Swamp Creek, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Baumgartner:
On July 2, 2009, at your request I conducted an on-site determination to review several
drainage features located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The project is labeled as "2009-0583" on the attached
map initialed by me on September 1, 2009.
The Division of Water Quality (DWQ) has determined that the surface waters
circled, highlighted in blue, and labeled as "2009-0583" on the attached map are at
least intermittent and therefore SUBJECT to the Neuse Buffer Rule. The features
that are highlighted in pink on the attached map are considered to be ephemeral, and
NOT SUBJECT to the Neuse Buffer Rule. These surface waters and their associated
buffers should be identified on any future plans for this property. The owner (or future
owners) should notify the DWQ (and other 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 00 m
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Delegated Local Authority that a surface water exists and that it is subject to the buffer T m ?
rule may request a determination by the Director. Z °
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North Carolina Division of Water Quality Internet: www ncwaterquality ororg M
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ;VaNpally
Page 2 of 2
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COPY
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., 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 150B
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].
Sincerely,
Chris Pullinger
Enclosures: 1:24,000 scale USGS topographic map, Ayden quadrangle
cc: DWQ 401 Oversight/Express Unit
Washington Field Office, U.S. Army Corps of Engineers
File Copy
Filename: 2009-0583
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