20130739 Ver 1_Buffer Asset Memo to DWR 121515_20151216

Innovation Done Right ...We Make a Difference
I N T E R N A T 1 0 N A L
December 15, 2015
To:
Katie Merritt
Nutrient Offset and Buffer Banking Coordinator
North Carolina Department of Environmental Quality
Division of Water Resources
1617 Mail Service Center
Raleigh, NC 27699-1617
Through:
Kristin Miguez
Project Manager
North Carolina Department of Environmental Quality
Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
From:
Jake Byers
NC Ecosystem Practice Manager
Michael Baker Engineering
797 Haywood Road, Suite 201
Asheville, NC 28806
Subject: Inclusion of Buffer Assets in the St. Clair Creek Restoration Project in Beaufort
County
Tar -Pamlico River Basin — CU#03020104-040040
DMS No. 95015
Baker Project No. 125116
Dear Ms. Merritt,
Please find below and enclosed a brief history of contractual buffer assets for this project, a revised
asset table, and buffer asset map for the St. Clair Creek Restoration Project in Beaufort County. These
revisions are based upon the recently issued Consolidate Buffer Rule (15A NCAC 02B .0295,
November 1, 2015), along with conversations and a field visit with the North Carolina Division of
Water Resources, (DWR) and North Carolina Division of Mitigation Services (DMS) staff. The
Michael Baker Engineering, Inc.
pc KASEMAN AF$ALLYPORT MBAKERINTL.COM 8000 Regency Parkway, Suite 600, Cary NC 27518
Office: 919-463-54881 Fax: [phone]

Innovation Done Right ... We Make a Difference
revised asset table includes the addition of 6.8 Buffer Mitigation Units (BMUs) not previously
included in the Baseline (Year 0) and Monitoring Year 1 reports.
This project was originally identified through a request by DMS for 3,000 Stream Mitigation Units
(SMUs) 1.0 Riparian Wetland Mitigation Units (WMUs) and 10.0 BMUs through RFP # 16-003570
issued October 18, 2010. The project was awarded to Michael Baker though contract number 003986
dated July 27, 2011 for 3,000 SMUs, 2.0 WMUs, and 6.80 BMUs.
The project was appropriately proposed as a headwater coastal plain stream system and designed as
such. At the time of the contract, the Tar -Pamlico Buffer Rule 15A NCAC 02B .0259 (January 1,
2000) did not have an appropriate mechanism to describe and apply riparian buffer restoration or
enhancement along headwater coastal plain stream mitigation sites. This realization only occurred to
DMS or Michael Baker staff after the contract had been awarded. Michael Baker was given the
opportunity to back completely out of the total contract. Michael Baker instead elected to proceed
with the work, including providing all restoration and monitoring activities to provide all the
contracted stream, wetland, and buffer mitigation credits with the anticipation that the much talked
about Consolidated Buffer Rule would be adopted and provide clarification on riparian buffer
mitigation as it relates to headwater coastal plain stream mitigation.
With the adoption of the Consolidate Buffer Rule on November 1, 2015, Michael Baker is proposing
to include buffer mitigation assets into the yearly monitoring reports. Phone conversations with Katie
Merritt of DWR in October and November of 2015 served to provide the appropriate regulatory staff
information on the project and on Michael Baker's request. In addition, a site walk attended by Katie
Merritt, Anthony Scarbraugh, Mac Haupt, and Karen Higgins of DWR and Kristin Miguez of DMS
and Jake Byers from Michael Baker was held on December 3, 2015. This site visit served to provide
regulatory staff a visual representation of the current conditions of the project and to view the restored
buffers, planted tree and shrub species, and vegetation monitoring plots.
Michael Baker is currently in Year 2 of monitoring the mitigation site. In years 0 and 1, the mitigation
assets presented in the yearly monitoring reports did not include BMUs. The monitoring data
(vegetation plots and photos) required for buffer mitigation was however collected for those years and
is included in Michael Baker's annual monitoring reports. The table below provides the buffer assets
for the St. Clair Creek Restoration Project. Note that SMU and WMU assets have not changed from
the Mitigation Plan or Years 0 or 1 monitoring reports.

Innovation Done Right ... We Make a Difference
St. Clair Creek Restoration Project Overview (Buffers)
St. Clair Creek Restoration Project: Buffer Asset Table — DMS Project No. 95015
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Buffer Zone A: 0-50 ft (along UT2)
Riparian buffer restoration will involve the filling of the
ditches that currently direct surface and subsurface drainage
directly to the channelized stream. Wetland hydrology will
R
5.19
226,002
1:1
226,002
226,002
5.19
be reintroduced to those drained areas of hydric soil. Natural
diffuse flow flooding regimes will be restored. Planted pines
and invasive species vegetation will be removed and
appropriate wetland hardwood species will be planted.
Buffer Zone B: 51-100 ft (along
UT2)
Riparian buffer restoration will involve the filling of the
ditches that currently direct surface and subsurface drainage
directly to the channelized stream. Wetland hydrology will
R
3.16
137,575
1:1
137,575
70,132
1.61
be reintroduced to those drained areas of hydric soil. Natural
diffuse flow flooding regimes will be restored. Planted pines
and invasive species vegetation will be removed and
appropriate wetland hardwood species will be planted.
TOTALS
8.35
363,577
-
363,577
296,134
6.8
Monitoring, reporting, and success criteria stated in the Consolidated Buffer Rule have been followed
throughout the life of the project. Also, as stated in the Consolidated Buffer Rule, areas within the
conservation easement that are proposed for wetland mitigation, are excluded from buffer mitigation.
Additionally, the enclosed figure shows the riparian buffer restoration zones along UT2 on the St.
Clair Creek Restoration Project.
If you have any questions or require any additional information, please feel free to contact me at 828-
412-6101 or via email at [e-mail].
Sincerely,
Jake Byers, PE