20090751 Ver 1_20090751 Ver 1_4.16.10 Buffer NO Audit Repsonse memo from EEP_20140414_20140414

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E a e n t
PROGRAM
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To: Matt Mathews
From: Bill Gilmore U,J b
Date: April 16, 2010
Subject: Response to February 2, 2010 Memorandum "Final Review of Buffer Mitigation Sites
from 2009 Audit"
The purpose of this memo is to provide additional follow -up information regarding the Division
of Water Quality's recent audit of Ecosystem Enhancement Program mitigation sites being used
to meet obligations associated with the state's nutrient offset and buffer programs. The memo
covers information on individual sites, additional sites visited this calendar year and plans for
projects that are currently in design or construction.
I. Site -by -Site Descriptions and Conclusions:
Listed below are projects with remaining issues to be addressed per your subject letter with a
description of EEP's planned actions. These have been labeled as resolved or ongoing.
Resolved means that no further action other than additional monitoring of the site is needed at
this time, while ongoing indicates that additional actions and follow up with DWQ are necessary.
Balance Farm Riparian Buffer Restoration Site — Wayne County (Meuse 03).
(RESOLVED) EEP will provide the additional five years monitoring after replanting as
directed. EEP also understands that we can request an evaluation of the site following the third
growing season after replanting that the remaining two years of monitoring may be waived based
on success on the replanted areas.
Beamon's Run site — Greene County (Meuse 03). (RESOLVED) Since the director of DWQ
has approved this project being grandfathered requirements, EEP will update the debit ledger to
show the 12.29 acres of available buffer credit. EEP will provide the additional five years
monitoring after replanting as directed. EEP also understands that we can request an evaluation
of the site following the third growing season after replanting that the remaining two years of
monitoring may be waived based on success on the replanted areas.
Zi�StOVi✓,., �(�LGi%CG.,, Prt)!�'�C ' NCD NR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699 -1652 / 919 -715 -0476 / www.nceep.net

Matt Mathews
April 14, 2010
Page 2 of 5
Big Bull Creek Buffer Restoration Site — Johnston County (Meuse 01). (RESOLVED) EEP
will provide the additional five years monitoring after replanting as directed. EEP also
understands that we can request an evaluation of the site following the third growing season after
replanting that the remaining two years of monitoring may be waived based on success on the
replanted areas. Based on correspondence from Restoration Systems dated March 31, 2010 it is
their intention to schedule a meeting with DWQ to discuss their disagreement with the decision
by DWQ concerning the mature forested areas. Until informed otherwise by DWQ, the site will
only show 27.45 riparian buffer mitigation units in the debit ledger as agreed upon with DWQ.
East Tarboro Canal — Edgecombe County (Tar - Pamlico 03). (ONGOING) There were
multiple items that need to be addressed at this site. Our responses to each are as follows:
1. In the February 2, 2010 memo, DWQ indicated that further clarification was needed on why
buffer credits at the site increased when mature, wooded areas were deducted from the credit
total. Two maps (prepared using the boundary survey and GPS data) are attached to provide
the requested clarification. The first one shows the riparian buffer calculation using the
whisker method that differentiates the areas where there is sufficient (or greater) buffer width
and where there is not (either less than 50 feet or mature woods). The second map removes
the whiskers and shows the areas, overlaid on aerial photography, where there are: mature
woods, buffer less than 50 feet and areas greater than 200 feet from top of bank.
2. The conservation easement boundary has been marked and the areas of encroachment have
been addressed. Letters were sent to both the Town of Tarboro and Edgecombe County
Schools on January 27, 2010 and EEP staff followed up with onsite meetings to discuss the
encroachment issue and the requirements of the conservation easement.
3. EEP will conduct supplemental planting of the site in the next dormant season (winter 2010)
and will provide the additional five years monitoring after replanting as directed. EEP also
understands that we can request an evaluation of the site following the third growing season
after replanting that the remaining two years of monitoring may be waived based on success
on the replanted areas.
Grimesland Phase I — Pitt County (Tar- Pamlico 03). (ONGOING) EEP will seek approval
of transfer /conversion of wetland credit to nutrient offset credit at the June 10, 2010 PACG -TC
meeting and will provide requested supporting documentation for the subject meeting.
Hargett Site — Lenoir /Jones Counties (Meuse 04). (RESOLVED) Based upon DWQ's
concurrence with the corrected available credit, EEP intends to propose this site for close -out.
Harrell Site — Edgecombe County (Tar - Pamlico 01). (ONGOING) EEP will arrange for a
site visit with DWQ once supplemental planting and/or easement modification to meet 50' buffer
width has been completed. EEP will provide the additional five years of vegetative monitoring
after replanting as directed, with the understanding that we can request an evaluation of the site
following the third growing season after replanting that the remaining two years of monitoring
may be waived based on success on the replanted areas.

Matt Mathews
April 14, 2010
Page 3 of 5
Howell Woods — Johnston County (Meuse 01). ( RESOLVED) The attached map shows areas
that EEP propose for use as Nutrient Offset credit. In addition, the map shows revised polygons
that further delineate wetland restoration types.
Mason Property Wetlands Restoration — Hyde County (Tar - Pamlico 05). (RESOLVED)
No Nutrient Offset or Riparian Buffer Credits have been debited from this site. The attached
map shows the area that could potentially be used for Nutrient Offset if needed in the future.
Moccasin Creek — Wake/Franklin counties (Meuse 01). (ONGOING) EEP will submit the
monitoring plan and contingency plan along with all EEP plans at the end of this year's
monitoring review cycle as outlined in earlier correspondence. Included in this documentation
will be an assessment of the site in terms of vegetative survival in buffer /nutrient offset areas; a
map depicting the assets at this site; and our proposed plans for replanting and monitoring the
site. EEP will be visiting site to assess if it is possible to manage beaver. If beaver management
is not deemed possible at this site (since they are on adjoining properties as well), EEP will need
to reassess the value of this site.
Moye Farm Riparian Restoration Site Phase I — Greene County (Meuse 03). (RESOLVED)
EEP staff met with DWQ representative on March 4, 2010 to verify the credit reduction and total
remaining credit at the site. An enlarged map is attached showing excluded areas. The full -
delivery provider, Greene Environmental Services, has not determined if it will appeal the
decision by DWQ concerning mature forested areas.
Norwood Gainey Site — Wayne County (Meuse 02). (RESOLVED) Boundary marking at the
site has been completed, as well as fencing and gate installation to keep out trespassers. Planting
of areas greater than 50 feet from ditches was completed in December 2009 and the requested as-
built submittal with planting densities is attached to this submittal.
Prestonwood Golf Course, Hatchet's Grove — Wake County (Meuse 01). (ONGOING)
Supplemental planting of the site was completed on March 30, 2010. EEP monitoring staff have
not yet evaluated the soils to determine their role in vegetation mortality, but are of the opinion
that drought was the main culprit for vegetation mortality at this site. EEP will provide the
additional five years of vegetative monitoring as directed, with the understanding that we can
request an evaluation of the site following the third growing season after replanting that the
remaining two years of monitoring may be waived based on success on the replanted areas.
Simpson Tract Buffer Restoration — Beaufort County (Tar - Pamlico 04). (ONGOING)
Supplemental planting was completed in February 2009 and the Year 3 Monitoring Report
indicates that stem densities in 12 of the 23 monitoring plots meet or exceeds the required
density of 320 stems per acre. A table showing the species and number of stems planted in
February 2009, and the stem counts for the 3rd year of monitoring is attached (see Simpson Tract
Buffer Restoration file). EEP will meet with the Full Delivery Provider, Wetland Resource
Center, in order to direct required supplemental planting and continue to monitor this project and
require additional supplemental planting be performed as necessary. EEP recognizes that
extended monitoring will be required to document the site will satisfy the required stem density
of 320 stems per acre. EEP understands that we can request an evaluation of the site following

Matt Mathews
April 14, 2010
Page 4 of 5
the third growing season after supplemental planting that the remaining two years of monitoring
may be waived based on success on the replanted areas. .
UT to Crooked Creek — Franklin County (Tar - Pamlico 01) (ONGOING) As requested in
your February 2, 2010 memo, EEP has attached a map to show the revised assets at this site. EEP
will update the debit ledger to show the 4.89 acres of available buffer credit. EEP is in the
process of scoping the site to proceed with supplemental planting in the next dormant season
(winter 2010) and will provide the additional five years monitoring after replanting as directed.
EEP also understands that we can request an evaluation of the site following the third growing
season after replanting that the remaining two years of monitoring may be waived based on
success on the replanted areas. .
Stillhouse Creek — Orange County (Meuse 01). (RESOLVED) Based upon DWQ's
concurrence with the corrected available credit, no further action is needed at this site.
Terrible Creek — Wake County (Meuse 01). (ONGOING) In your February 2, 2010 memo, it
was stated that you are looking for EEP to submit a revised map for this site. It is not clear to
EEP what type of map you want since the maps in the Year 1 and Year 2 Monitoring Reports
provided with our November 2009 response shows the area eligible for buffer credit at this site,
and also break the site down by community type. EEP personnel will schedule a meeting with
your staff to clarify any further questions. EEP has completed the marking of the conservation
easement boundary at this site. EEP is still in the process of evaluating the site to determine if
supplemental planting is necessary. If needed, EEP will provide the additional five years
monitoring after replanting as directed. EEP also understands that we can request an evaluation
of the site following the third growing season after replanting that the remaining two years of
monitoring may be waived based on success on the replanted areas.
Whitelace Creek — Lenior County (Meuse 02). (ONGOING) In your February 2, 2010 memo,
it was stated that you are looking for EEP to submit a revised map for this site. It is not clear to
EEP what type of map you want since the map provided with our November 2009 response
shows the area eligible for buffer credit at this site, and also breaks the site down by community
type. EEP personnel will schedule a meeting with your staff to clarify any further questions.
EEP will conduct supplemental planting of the site in the next dormant season (winter 2010) and
will provide the additional five years monitoring after replanting as directed. EEP also
understands that we can request an evaluation of the site following the third growing season after
replanting that the remaining two years of monitoring may be waived based on success on the
replanted areas. Boundary marking of this site will be completed by June 30, 2010.
II. Additional sites to visit in early 2010
Fox Run (Meuse 03), Heath Riparian Site (Meuse 02), and Vickie's Thicket (Meuse 02).
(RESOLVED) EEP and DWQ met on March 4, 2010 to review aerial photography and
available documentation for these sites to ensure that issues encountered during the audit will not
arise on these sites. Based on this meeting, no issues were identified. EEP will submit the
mitigation plan for review and approval as outlined in our process revisions.

Matt Mathews
April 14, 2010
Page 5 of 5
Goose Creek — Durham County (Meuse 01). (ONGOING) Tammy Hill (DWQ), Perry Sugg
(EEP) and Jeff Schaffer (EEP) visited this site at DWQ's request on February 17, 2010. Ms. Hill
identified some issues with vegetative success at the site. EEP is currently waiting for a memo
from DWQ detailing the next steps we need to take to address DWQ's concerns.
III. Projects in Design or Construction Phase
EEP will continue to invite DWQ staff to attend initial site evaluation visits prior to moving
forward with landowner negotiations as well as for visits to those projects that are already in
design and construction.
Once EEP has received final confirmation that DWQ concurs with the asset changes listed
above, EEP will provide the debit ledger reflecting those changes as requested in prior memos.
Thanks again to you and your staff for your assistance and cooperation.
Cc: Marc Recktenwald
Jim Stanfill
Jeff Jurek
David Knight, NCDENR
Coleen Sullins, DWQ
John Dorney, DWQ
Amanda Mueller, DWQ
Cyndi Karoly, DWQ
Amy Chapman, DWQ
Eric Kulz, DWQ
John Hennessy, DWQ
Kyle Barnes, WaRO, DWQ
Lauren Witherspoon, RRO

Legend Big Bull Buffer Site, Johsnston County (92214) N
Easement 400 200 0 400 800 1,200
Buffe r Area Feet ' 'S��rl�1
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P: \Watson \misc \FD Buffer Sites \Buffer Red uctionsMod.mxd -- 1/6/2010

East Tarboro Canal -Reach 2
Riparian Buffer Calculation
Whisker Method (5' increments)
Legend
Mature woods (33,559.2 sqft excluded)
Areas with <50'(9,169.18 sqft excluded)
Areas >200'(675.48 sqft excluded)
Whiskers perpendicular to flow
C Channel (20,313.4 sqft excluded)
Conservation Easement area (483,849.52
300 150 0 300 Feet
A
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Potential "
Nutrient Offset = 14.97 Acres
0 200 400
800 Feet
19
1�
m
Mason Farm
Potential Nutrient Offset
1
�r
Legend
QMason Easement
Mason Non Jurisdictional Channel
Nutrient Offset Width (200ft Buffer)

Legend
BufferAreas
Nutrient Offset
buffer
Neuse Streams
C) Phase 1_EasementBoundary
Phase I Buffer Area: 35.55 Ac.
Phase I Nutrient Offset: 0.62 Ac.
0 600 1,200 Feet
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Norwood Gainey Buffer Project
Wayne County
2009 Planting
As -Built Report
EEP Project Manager: Tracy Morris
Contractor: Carolina Silvics
Dwight McKinney
Acres Planted: 26.2
Stems Planted: 12,145
Stems Planted per Acre: 464
Species
Min
Size
# Spec'd
Size
Ordered
#
Ordered
%
Nursery
Juniperus virginiana
2"
35
2" B &B
70
50%
Taylor's
Liriodendron
tulipifera
2"
35
2" B &B
25
18%
Taylor's
Quercus alba
2"
35
2" B &B
45
32%
Taylor's
Quercus phellos
3/8"
1,310
bare root
2,000
38%
AborGen
Nyssa sylvatica
3/8"
1,310
bare root
2,000
38%
AborGen
Juglans nigra
3/8"
1,310
bare root
1,300
25%
AborGen
Native
Ilex opaca
1/2"
35
1/2"
35
33%
Roots
Native
Cercis canadensis
1/2"
35
1/2"
35
33%
Roots
Native
Corpus florida
1/2"
35
1/2"
35
33%
Roots
Diospypros
virginiana
3/8"
1,310
bare root
2,200
34%
ArborGen
Carpinus
caroliniana
3/8"
1,310
bare root
2,200
34%
ArborGen
Fagus grandifolia
3/8"
1,310
bare root
2,200
34%
ArborGen
The portions of this site between 50 ft and 200 ft away from the ditches were planted during
December 2009 with the species listed above. Baseline plots were installed between January — March
2010. The newly planted areas will have first year monitoring performed later in 2010. All areas up
to 50 ft from the ditches were previously planted. Please see map below for delineation of these areas.

RIPARIAN BUFFER ZONE 1 -
RIPARIAN BUFFER HERBACEOUS ZONE
EXISTING ID'SOIL
ACCESS ROAD
PROPOSED
CONSTRUCTION
LIMITS
WETLAND
ENHANCEMENT AREA
RIPARIAN BUFFER HERBACEOUS ZONE '
�. t
. EXISTING IO' SOIL RIPARIAN BUFFER 26NE 2
ACCESS RICAD
RIPARIAN BUFFER ZONE 2
1 •'" RIPARIAN BUFFER ZONE 1
d
PROPOSED CONSTRUCTION LIMITS
Proposed
Condidtions
Figure 1. Previously established planting zones at Norwood Gainey
In this Figure, from the original planting, the Buffer Zones 1 and 2 were proposed for and
subsequently planted with bareroots. In 2009, the areas here labeled as Herbaceous Zone were
planted with bareroot and containerized trees.

TABLE 3. Simpson Buffer Plant List (Supplemental Planting February 2009)
Buffer Zone
Bare Root
Seedlings
Species
# planted
Size
Bald cypress Taxodium distichum
4,500
1' -2'
Tulip Poplar Liriodendron tuli ifera
1,500
1' -2'
Black Gum N ssa s Ivatca
4,500
1' -2'
Pond Pine Pinus serotina
3,000
1' -2'
Green Ash Fraxinus enns Ivanica
3,600
1' -2'
Total
17,100
Potted Trees
Species
# planted
Size
Bald cypress Taxodium distichum
246
4'-6'
Sweet Bay (Magnolia vi iniana
130
2'-4'
White Cedar Chamaem c aris th oides
113
2' -5'
Green Ash Fraxinus enns Ivanica
329
2' -5'
Total
818

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UT to Crooked Creek Buffer Verification Map