20151002 Ver 1_EEP Letters_20160201

Water Resources
ENVIRONMENTAL QUALITY
February 1, 2016
Melonie Allen
DEQ -Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
(via electronic mail)
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR Project #: 2015-1002
Re: Site Viability for Buffer Mitigation — Morgan Creek (EEP #92240)
UTs to Morgan Creek near Intersection of Dairyland Rd & Marions Ford Rd
Viability assessed under 15A NCAC 02B .0295 (m)(2)(C) & (D)
Orange County
Dear Ms. Allen,
On July 22, 2015, Katie Merritt, with the Division of Water Resources (DWR), received a
Preservation Project and Baseline Documentation Report and a request from you on behalf of
Division of Mitigation Services (DMS), to review the report for Neuse riparian buffer mitigation
potential. This site is located in rural Chapel Hill, NC in the Lower New Hope Sub -Watershed
of Jordan Lake in the Cape Fear River Basin. Based on correspondence from Katie Merritt with
DWR, it was requested that DMS request a stream and buffer determination as well as an onsite
mitigation viability assessment.
On November 9, 2015, DWR received a Stream/Buffer Applicability Determination request for
the subject site from DMS. Ms. Merritt and Niki Maher with DWR, accompanied by you and
Jeff Horton with DMS, performed a stream and buffer determination as well as a buffer
mitigation viability assessment on December 2, 2015. If approved, mitigating this site could
provide riparian buffer Preservation credits within the Lower New Hope Sub -Watershed of
Jordan Lake. Buffer mitigation in the form of Preservation cannot be converted into nutrient
offset credits at this time.
Ms. Merritt's evaluation of the features for buffer mitigation pursuant to Rule 15A NCAC 02B
.0295 (effective October 24, 2014 to October 31, 2015) is provided below:
MORGAN CREEK, UT 1 & UT 3
• Features are streams and are subject to the Jordan Lake Buffer Rule.
Land uses within the riparian areas (0 to +/- 200') on both sides of the streams are mature
forest. The riparian areas along both sides of the streams are viable as a riparian
preservation site and suitable for buffer mitigation only.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center J Raleigh, North Carolina 27699-1617
919 807 6300

UTs to Morgan Creek (EEP #92240)
February 1, 2016
Page 2 of 2
UT2
• Stream is intermittent and is not subject to the Jordan Lake Buffer Rule as determined by
the stream buffer determination letter issued for the subject site by the DWR on January
8, 2016.
• Land use within the riparian area (0 to +/- 200') on both sides of the stream is mature
forest. The riparian area along both sides of the stream is viable as a riparian
preservation site and suitable for buffer mitigation only.
A map showing the project site and the features is provided and signed by Ms. Merritt on
February 1, 2016. If DMS proceeds with the use of these features for generating buffer
mitigation credits, they shall do so in full compliance with the Temporary Consolidated Buffer
Mitigation Rule 15A NCAC 02B .0295, which was effective from October 24, 2014 until
October 31, 2015 and must apply all applicable ratios according to that rule.
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this
correspondence.
Sincerely,
Karen iggins, Supervisor
401 and Buffer Permitting Branch
KAH/km
Attachments: Site Aerial Map
cc:File Copy (Katie Merritt)

A
Wooden foot bridge over
b11 stream (approx. 2 ft wide)
JAR
7.
%10
7'�Y 0.
4f
-LLA
FIGURE
MORGAN CREEK
PRESERVATION SITE
Orange County, NC