20091294 Ver 1_DWR Premlinary Closeout ltr 2014_20140514

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 14, 2014
To: Jeff Schaffer
NCEEP
From: Katie Merritt Ov,
DWR - 401 & Buffer Permitting Unit
Through: Karen Higgins KK
Supervisor, DWR - 401 & Buffer Permitting Unit
John E. Skvarla, III
Secretary
Re: Preliminary Closeout Report
Terrible Creek (Wake Co.) & Beamon's Run (Greene Co.) Riparian Buffer Mitigation Sites
On March 31, 2014, the Ecosystem Enhancement Program (EEP) submitted closeout reports to the Division
of Water Resources (DWR) for the Terrible Creek Mitigation Site (EEP IMS# 134; DWR# 09 -1294) and the
Beamon's Run Mitigation Site (EEP IMS# 24; DWR# 09- 0751). On April 8, 2014, I visited both sites to
determine eligibility for closeout of monitoring and maintenance. You and Melonie Allen with EEP were
present.
On May 12, 2014, Ms. Allen submitted a request to DWR to delay closeout of these two sites pending
decisions made towards the draft 15A NCAC 02B .0295 Consolidated Buffer Rule (Rule).
However, DWR finds it necessary to provide EEP with a preliminary closeout review to document the
findings of these two sites if the draft Rule does not become final. DWR has the following findings:
Terrible Creek:
• Overall, the Terrible Creek Site was doing well. There were many planted riparian areas subject to
high velocity flows from Terrible Creek and substantial inundation. Therefore, many of the
plantings in these areas had died or were stressed. DWR agrees to close out the site without
contingencies that would require EEP to replant these areas. Post restoration site conditions have
changed considerably from pre- restoration conditions and the site appears to be performing well in
reducing nutrient loads and sediment to the streams.
• According to the closeout report from EEP dated March 27, 2014, this site may generate 46.95 acres
(2,045,221.83 ft') of Riparian Buffer Mitigation.
• DWR determined that a small area on the furthermost eastern part of the site, located on the eastern
side of the UT to Terrible Creek was included in the buffer restoration. However, a thorough review
of the project file including aerials supported that this area was a mature forest prior to EEP's
restoration efforts and therefore should be excluded from the overall asset calculations.
• A revised asset map excluding the mature forested area from the assets will be required prior to final
closeout as well as a revised credit ledger.
401 and Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -6300 \ FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
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Beamon's Run:
• Overall, the planted areas of the Beamon's Run Site were doing well. There were areas along the
Beamon's Run side where an ATV trail was observed encroaching within the Conservation
Easement. An additional area located along the Contentnea Creek side of the site appeared to have
been mowed about 5 years ago and allowed to regenerate. However, this area was not regenerating
at the rate expected after 5 years and could suggest additional mowing has occurred. DWR agrees to
close out the site without contingencies that would require EEP to replant this area and extend
monitoring (approximately 1 acre).
• According to the closeout report from EEP dated March 27, 2014, this site may generate 16.38 acres
(713,849 ft2) of Riparian Buffer Mitigation
• A thorough review of the complete project file supports 12.29 acres of Riparian Buffer Mitigation,
and is supported in the memo with the asset map dated October 26, 2009 from Marc Recktenwald
(EEP) to John Dorney (DWR) in response to the buffer audit for this site.
• Assets that may be approved by DWR at closeout = 12.29 acres (535,325.40 ft2) of Riparian Buffer
Mitigation. The asset map provided in the memo referenced above can be approved as is, but a
revised credit ledger will be required prior to final closeout.
Please feel free to contact me at (919) 807 -6371 if you have any questions regarding this correspondence.
Cc: File Copy (Katie Merritt)
Tim Baumgartner (EEP)