HomeMy WebLinkAbout20201148 Ver 1_Mitigation Information_20220504From:
Merritt, Katie
To:
Baker. Caroline D
Subject:
FW: [External] Fwd: Falling Run NOC/RBC site - Viability Letter
Date:
Wednesday, May 11, 2022 12:58:15 PM
Attachments:
Falling Creek Figure 1- proposed feature .pdf
210719 - Falling Creek Farm - Site Viability Letter - To Sian.pdf
2020-1148 v1 - Falling Creek Farm Mitigation Site (Wayne Co.) - 20210512.1)df
2020-1148 v1 - Falling Creek Farm Mitigation Site (Wayne Co.) - 20210512a.pdf
Please file email chain below and all Figures in DWR # 2020-1148v1
From: Scott Frederick [mailto:sjfrederick@swegrp.com]
Sent: Monday, April 4, 2022 11:27 AM
To: Merritt, Katie <katie.merritt@ncdenr.gov>; Pullinger, Robert C <chris.pullinger@ncdenr.gov>
Subject: [External] Fwd: Falling Run NOC/RBC site - Viability Letter
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Hey Katie,
Take a look at the figue attached to the previous more detailed email with the feature in
question shown approximately in yellow. The exact location will be determined by Chris'
letter. I just talked to Chris and he said he could get you the signed letter by the end of the
week. Let me know if you need anything else. Thanks for your help.
-Scott
Scott J. Frederick
U
Soil, Water, and Environment Group, PLLC
3216 Byers Drive, Suite B
Raleigh, NC 27607
Ph (919) 831-1234
Fax (919) 899-9100
Cell (919) 368-2029
sj frederi ck(o, swe grn . c om
Notice: This e-mail may contain information that is privileged or otherwise confidential. It is intended
solely for the holder of the e-mail address to which it has been directed, and should not be disseminated,
distributed, copied or forwarded to any other persons. It is not intended for transmission to, or receipt by,
any other person. If you have received this e-mail in error, you are directed to please delete it without
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---------- Forwarded message ---------
From: Scott Frederick <sjfrederick(a4swe >
Date: Thu, Mar 24, 2022 at 6:04 PM
Subject: Falling Run NOC/RBC site - Viability Letter
To: Merritt, Katie <katie.merritt(cr�.ncdenr.gov>
Cc: Norton Webster <norton(cer�.ecoterra.com>, Pullinger, Robert C
<chris. un llinger(c�.ncdenr.gov>
Hi Katie,
I'm following up on the Falling Creek Site to let you know there was a small modification to
the stream determination completed by Chris Pullinger and you may have received that
revised letter in the mail by now. I've attached the unofficial letter from Chris. A segment of
UT 1 previously shown incorrectly as a subject stream (blue) was changed to a non -subject
ditch (red).
I did notice that at the time of the viability letter (7/23/21) we do not have a viability
determination on the extension of the this non -subject ditch (western feature) that enters the
subject UT1, regardless of the stream determination. It seems it was an oversight when you
and I discussed this site last to finalize the viability letter.
As the ditch extends south and wraps around the agricultural field, it enters the proposed
wetland conservation easement area. It is the only ditch and is contiguous and directly
connecting to an intermittent/subject stream (UT1).
We would like to modify the viabllity letter to include the entire feature/ditch to the extent
possible in the event we establish NOC/RBC for that feature in place of, or in conjuction with
adjacent wetland credit areas.
I've included a Figure to show the additional feature that requires a viability assessment from
you.
I've modified the CAFO to remove most permitted irrigation areas in and around the feature as
shown in Figure 1 (yellow). Additional WUP modifications are forthcoming as we move
forard. There is a surplus of irrigation area on the farm to accomodate the N and we can
remove additional areas of irrigation to allow for a project.
Can you call me to discuss when you have a moment to determine how to proceed?
Thank you.
-Scott
Begin forwarded message:
From: "Merritt, Katie" <katie.merritt(g4ncdenr.gov>
Date: July 21, 2021 at 9:57:07 PM EDT
To: Ted Griffith <ted(oecoterra.com>
Cc: "Ravella Ramesh" <Ramesh.Ravella�.ncdenr.gov>, "May, David"
<davi d. m a(a .nc denr. gov>
Subject: Falling Creek Farm Site Viability Letter
Hey Ted,
Please see your copy of the site viability letter for the Falling Creek Farm Site.
As noted in the letter, there are quite a few site constraints that may affect the
usage of this site to generate buffer mitigation and/or nutrient offset credits. As
indicated in the letter, there is an Animal Feeding Operation (AFO) permit
associated with the property.
Thank you for your patience,
Katie
Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
Office: 919-707-3637
Work Cell: 919-500-0683
512 N. Salisbury Street, Raleigh, NC 27620
1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Scott J. Frederick
I
Soil, Water, and Environment Group, PLLC
3216 Byers Drive, Suite B
Raleigh, NC 27607
Ph (919) 831-1234
Fax (919) 899-9100
Cell (919) 368-2029
sj frederick(o.swegEp. com
Notice: This e-mail may contain information that is privileged or otherwise confidential. It is intended
solely for the holder of the e-mail address to which it has been directed, and should not be disseminated,
distributed, copied or forwarded to any other persons. It is not intended for transmission to, or receipt by,
any other person. If you have received this e-mail in error, you are directed to please delete it without
copying or forwarding it, and notify us of the error by reply e-mail so that our address records may be
corrected.
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Ben R. Dunn
100 Grove Church Road
Mount Olive, North Carolina 28365
NORTH CAROLINA
Environmental Quality
May 12, 2021
Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) (EXPRESS Program)
Subject Property/ Project Name: Falling Creek Farm Mitigation Site
Address/Location: 412 S. Jordan's Chapel Road, Grantham, North Carolina
Stream(s) Evaluated: (4) — UTs to Falling Creek, Class C, NSW; Stream Index 27-54-(0.5); Neuse River Basin
Determination Date: October 7, 2020
Staff: Chris Pullinger, Katie Merritt
2020-1148 v1
Wayne County
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 02B .0714)
® Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 02B .0734)
❑ Catawba (15A NCAC 02B .0614)
❑ Jordan (15A NCAC 02B .0267) (governmental and/or
interjurisdictional projects)
❑ Randleman (15A NCAC 02B .0724)
❑ Goose Creek (15A NCAC 02B .0605-.0608)
Stream
E/I/P*
Not Subject
Subject
Start@
Stop@
Soil Survey
USGS
Topo
2020-1148 vl UT 1
I
X
2020-1148 vl UT1 Start
2020-1148 vl UT1 Finish
X
X
2020-1148 v1 UT22
1
X
2020-1148 v1 UT2 Start
2020-1148vl UT2 Finish
X
2020-1148 vl UT 3A
I
X
2020-1148 vl UT3A Origin
2020-1148 vl UT 3A Finish
X
X
2020-1148 vl UT 3A
man-made ditch
X
2020-1148 vl UT 3A Start
2020-1148 vl UT 3A Origin
X
2020-1148 vl 313
1
X
2020-1148 vl UT 313 Start
2020-1148 vl UT 313 Finish
X
*E/1/P = Ephemeral/Intermittent/Perennial
The Division of Water Resources has determined that the streams listed in the table above and included on the attached map have been
located on page 28 of the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina and/or the most recent USGS
Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian Buffer Rule. Each feature that is checked "Not
Subject" and highlighted on the attached maps in "red" has been determined to be either man-made in nature, ephemeral, or not present on
the property. Features that are checked "Subject" and highlighted on the attached maps in "blue' have been located on the property and
possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property
that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and
subject to the Clean Water Act.
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 DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar
days of date of this letter to the Director in writing.
If sending via US Postal Service:
c/o Paul Wojoski
DWR —401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.):
c% Paul Wojoski
DWR —401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NoarH cnaouNn 252.946.6481
Derar enf of Enmlenmentai near\ /—
This determination is final and binding as detailed above unless an appeal is requested within sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers or
waters. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the
Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910)-251-4629.
If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3918.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy/LASERFICHE
Norton Webster, EcoTerra (via e-mail: nortonPecoterra.com)
Emily Thompson, USACE Washington Field Regulatory Office (via e-mail)
Katie Merritt — DWR Central Office (via e-mail)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mail I Washington, North Carolina 27889
NORTH CAROHNA -
oepamoemntemimnmemeinaar\ r 252.946.6481
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North Caroline Em4ronmental
Management Commission
VMskm of Water Resources
Date~— y-F2 21
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DWR Project #2020-1148 vl
E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NORTH CAROHNA —
Ueparhnenlaf EmimnmeMal Quality /`� 252.946.6481
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Ben R. Dunn
100 Grove Church Road
Mount Olive, North Carolina 28365
NORTH CAROLINA
Environmental Quality
February 8, 2022
Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) (EXPRESS Program)
Subject Property/ Project Name: Falling Creek Farm Mitigation Site
Address/Location: 412 S. Jordan's Chapel Road, Grantham, North Carolina
Stream(s) Evaluated: (4) — UTs to Falling Creek, Class C, NSW; Stream Index 27-54-(0.5); Neuse River Basin
Determination Date: October 7, 2020
Staff: Chris Pullinger, Katie Merritt
2020-1148 v1
Wayne County
Determination Type:
Buffer:
Stream:
® Neuse (15A NCAC 02B .0714)
® Intermittent/Perennial Determination
❑ Tar -Pamlico (15A NCAC 02B .0734)
❑ Catawba (15A NCAC 02B .0614)
❑ Jordan (15A NCAC 02B .0267) (governmental and/or
interjurisdictional projects)
❑ Randleman (15A NCAC 02B .0724)
❑ Goose Creek (15A NCAC 02B .0605-.0608)
Stream
E/I/P*
Not Subject
Subject
Start@
Stop@
Soil Survey
USGS
Topo
2020-1148 v1 UT 1
I
X
2020-1148 v1 UT1 Origin
2020-1148 v1 UT1 Finish
X
X
2020-1148 v1 UT 1
man-made ditch
X
2020-1148 v1 UT1 Start
2020-1148 v1 UT1 Origin
X
X
2020-1148 v1 UT2 2
1
X
2020-1148 v1 UT2 Start
2020-1148 v1 UT2 Finish
X
2020-1148 v1 UT 3A
I
X
2020-1148 v1 UT3A Origin
2020-1148 v1 UT 3A Finish
X
X
2220-1148 vl UT 3A
man-made ditch
X
2020-1148 v1 UT 3A Start
2020-1148 vl UT 3A Origin
X
2020-1148 v13B
I
X
2020-1148 vl UT 3B Start
2020-1148 vl UT 3B Finish
X
*E/1/P = Ephemeral/Intermittent/Perennial
The Division of Water Resources has determined that the streams listed in the table above and included on the attached map have been
located on page 28 of the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina and/or the most recent USGS
Topographic map at a 1:24,000 scale and evaluated for applicability to the Neuse Riparian Buffer Rule. Each feature that is checked "Not
Subject" and highlighted on the attached maps in "red" has been determined to be either man-made in nature, ephemeral, or not present on
the property. Features that are checked "Subject" and highlighted on the attached maps in "blue' have been located on the property and
possess characteristics that qualify them to be at least intermittent streams. This letter replaces the determination letter dated May 12, 2021.
There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered
jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act.
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 DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar
days of date of this letter to the Director in writing.
If sending via US Postal Service:
c/o Paul Wojoski
DWR —401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.):
c% Paul Wojoski
DWR —401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NoarH cnaouNn 252.946.6481
Derar enf of Enmlenmentai near\ /—
This determination is final and binding as detailed above unless an appeal is requested within sixty (60) days.
This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers or
waters. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the
Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910)-251-4629.
If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3918.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy/LASERFICHE
Norton Webster, EcoTerra (via e-mail: nortonPecoterra.com)
Scott Frederick, Ecoterra (via e-mail: scottPecoterra.com)
Emily Thompson, USACE Washington Field Regulatory Office (via e-mail)
Katie Merritt — DWR Central Office (via e-mail)
Randall Jones, - DWR DEMLR (via e-mail)
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mail I Washington, North Carolina 27889
NORTH CAROHNA -
oepamoemntemimnmemeinaar\ r 252.946.6481
:-
v<ii �
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1
wort, Caroram LPi"*vnrnenW
Managemwd Commission �1
iDNWion a Welter Resoumes
For Neuse
Basin BiAGa�
Revfer W by
DWR Project #2020-1148 v1
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
NORTH CAROHNA -
oepamoemntemimnmemeinaar\ r 252.946.6481
DocuSion Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Ted Griffith
Eco Terra Partners, LLC
(via electronic mail: ted(cr�,ecoterra.com )
NORTH CAROLINA
Environmental Quality
July 19, 2021
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Falling Creek Farm Site
Grantham, NC (near 412 S Jordans Chapel Rd)
Neuse 03020201
Wayne County
Dear Mr. Griffith,
On August 27, 2020, Katie Merritt, with the Division of Water Resources (DWR), received a request
from you on behalf of Eco Terra Partners, LLC (Eco Terra) for a site visit near the above -referenced
site in the Neuse River Basin within the 8-digit Hydrologic Unit Code 03020201. The site visit was
to determine the potential for riparian buffer mitigation and nutrient offset within a proposed
conservation easement boundary, which is more accurately depicted in the attached map labeled
"Figure 1" prepared by Eco Terra. The proposed easement boundary in Figure 1, includes all
riparian areas intended to be proposed as part of the mitigation site. On October 7, 2020, Ms. Merritt
performed a site assessment of the subject site. Staff with Eco Terra were also present. The site visit
revealed the following site constraints:
UTILITIES: A utility easement was observed crossing the site along UT3. The utility
easement shall not be within a conservation easement or within riparian areas where
buffer mitigation or nutrient offset credits are proposed to be generated.
PERMITS: An Animal Feeding Operation (AFO) permit is associated with this property.
The permit associated with this property is # AWS960014 and allows for some or all the
property to be used for the land application of animal waste per an approved Waste
Utilization Plan issued by the DWR.
O Application of animal waste will not be permitted within a conservation easement
or within riparian areas where buffer mitigation or nutrient offset credits are
proposed to be generated.
O All riparian areas proposed to be placed in a conservation easement must be
removed from the Waste Utilization Plan.
O Written approval by DWR of any modification to the existing Waste Utilization
Plan and/or the applicable permit will be required prior to approval of the riparian
areas to generate buffer mitigation or nutrient offset credits.
EXISTING INFRASTRUCTURE: Existing underground and/or above ground
infrastructure (example: pipes) may be present and is likely for purposes of irrigating the
property for the land application of animal waste associated with permit # AWS960014.
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA -
oena�e,t of EW—mental uuar\ r 919.707.9000
DocuSign Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D
Falling Creek Farm
Eco Terra Partners, LLC
July 19, 2021
o No infrastructure or impervious areas below or above the ground will be allowed
to be within a conservation easement or within riparian areas where buffer
mitigation or nutrient offset credits are proposed to be generated.
o All infrastructure shall be mapped, including wells and hydrants. Written proof
of the removal of all infrastructure within riparian areas proposed to be placed in
a conservation easement will be required prior to approval of the riparian areas to
generate buffer mitigation or nutrient offset credits.
o Changes to any infrastructure associated with permit # AWS960014 will require
prior approval from DWR if they result in a change in the irrigation system
design for land application.
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 (TOB)
and landward 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 .0703.
Page 2 of 4
DocuSign Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D
Falling Creek Farm Site
Eco Terra Partners, LLC
July 19, 2021
Feature
Classification
'Sub*ect
'Riparian Land uses
Buffer
.'Nutriient
4,SMitiigatiion Tyne Determination w/in
to
riparian areas
onsite
adiacent to Feature
Credit
Offset
Buffer
0( 200'
Viable
Viable
Rule
UTl
Stream
Yes
Left Bank— clear cut areas
zYes
Yes (non-
Non -forested fields - Restoration Site per
(at DWR
Right Bank —
(right
forested
15A NCAC 02B .0295 (n)
flag)
combination of non-
bank
fields only)
forested agricultural fields
only)
Forested Areas (excluding clear cut areas)
& mature forest
— Preservation Site per 15A NCAC 02B
.0295 (o)(5)
UT2
Stream
Yes
Non -forested agricultural
zYes
Yes (non-
Non -forested fields - Restoration Site per
(at DWR
fields with mature forest
forested
15A NCAC 02B .0295 (n)
flag)
downstream.
fields only)
Forested Areas — Preservation Site per
15A NCAC 02B .0295 (o)(5)
2A
Ditch
No
Non -forested agricultural
No
Yes
Restoration Site per 15A NCAC 02B
>3' depth
fields
.0295 (n)
213
Ditch
No
Non -forested agricultural
No
No
Directly hydrologically connected to ditch
fields
2A
UT3
Stream
Yes
Non -forested agricultural
zYes
Yes (non-
Non -forested fields - Restoration Site per
(at DWR
fields with mature forest
forested
15A NCAC 02B .0295 (n)
flag)
downstream; uppermost
fields only)
reach located within a
Forested Areas — Preservation Site per
DOT R.O.W. and utility
15A NCAC 02B .0295 (o)(5)
easement
Site constraints consist of utilities and
DOT R.O. W
3A
Ditch >3'
No
Non -forested agricultural
No
No
Site constraints consist of utilities and
depth
fields & mostly located
DOT R.O. W
within a DOT R.O.W. and
utility easement
UT4
Stream
Yes
Non -forested agricultural
zYes
Yes (non-
Non -forested fields - Restoration Site per
(at DWR
fields with mature forest
forested
15A NCAC 02B .0295 (n)
flag)
downstream.
fields only)
Forested Areas — Preservation Site per
15A NCAC 02B .0295 (o)(5)
4A
Ditch >3'
No
Non -forested agricultural
No
Yes
Restoration Site per 15A NCAC 02B
depth
fields
.0295 (n)
Pipes observed in channel
all piping shall be removed from ditch and
and riparian area
banks
'Subjectivity calls for the features were determined by DWR in correspondence dated May 12, 2021 (D)VR# 2020-1148) 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 .
2The 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.
'NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
'Determinations made for this Site are determined based on the proposal provided in maps and figures submitted with the request.
s All features proposed for buffer mitigation or nutrient offset, must have a planted conservation easement established that includes the
tops of channel banks when being measured perpendicular and landward from the banks, even if no credit is viable within that riparian
area.
'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 02B .0295 (o)(7).
7Landuses may also include the application of animal waste associated with an AFO permit.
Page 3 of 4
DocuSign Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D
Falling Creek Farm
Eco Terra Partners, LLC
July 19, 2021
Determinations provided in the table above were made using a proposed easement boundary showing
proposed mitigation areas shown in Figure 1. The map representing the proposal for the site is
attached to this letter and initialed by Ms. Merritt on July 19, 2021. Substantial changes to the
proposed easement boundary as well as site constraints identified in this letter could affect the Site's
potential to generate buffer mitigation and nutrient offset credits.
This letter does not constitute an approval of this Site to generate buffer and nutrient offset 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 .0703, 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 .0703.
This viability assessment will expire on July 19, 2023 or upon approval of a mitigation plan by
the DWR, whichever comes first. This letter should be provided in any nutrient offset, buffer,
stream or wetland mitigation plan for this Site.
Please contact Katie Merritt at (919) 707-3637 if you have any questions regarding this
correspondence.
Sincerely,
Sgned by:
e WIe�
E-P,u-,0,c,ui
91BA53EF4E0...
Paul Wojoski, Supervisor
401 and Buffer Permitting Branch
PW/kym
Attachments: Figure 1. Site Map
cc: File Copy (Katie Merritt)
DWR Animal Feeding Operations Branch — Ramesh Ravella ramesh.ravella@ncdenr. go
DWR WaRO — David May
Page 4 of 4
DocuSign Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D
1 � a
r_ -
a
UT3
� UT2
04
UT1
i
2A
2B
Existing Wetland
Conservation
Easement -
UT4
s
FIGURE 1: Falling Creek Farm Mitigation Site
Wayne County, NC
Neuse 03020201
e(fo-kerm. 35016'25.5"N 78015'39.5"W
Legend ' I -a'
L Wayne County Parcel
j^
0 Proposed Conservation Easement
I/P Stream (Subject)
- Man-made ditch (Not subject, ditch)
Maxar, soft
N
0 250 500 Feet
l i i i J
Jk-
DocuSign Envelope ID: C2644BCA-BBFD-4D16-AE7D-38A75E3BA18D
1 � a
r_ -
a
UT3
� UT2
04
UT1
i
2A
2B
Existing Wetland
Conservation
Easement
0
.
V
- ZtJ
UT4
s��
`y f
FIGURE 1: Falling Creek Farm Mitigation Site
Wayne County, NC
Neuse 03020201
e(fo-kerm. 35016'25.5"N 78015'39.5"W
Legend ' -a
'Wayne
-'
L Wayne County Parcel
j^
0 Proposed Conservation Easement
I/P Stream (Subject)
- Man-made ditch (Not subject, ditch)
i.a
Maxar, soft
N
0 250 500 Feet
I I I 1 1