20150709 Ver 1_BuffaloCrk(DMS)Viability Ltr_2-2016_20160217

Water Resources
ENVIRONMENTAL QUALITY
February 17, 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
Re: Site Viability for Buffer Mitigation — Buffalo Creek (DMS #92603)
UTs to Buffalo Creek near 8014 Bill Poole Rd, Rougemont, NC
Viability assessed under 15A NCAC 02B. 0295 (m)(2)(C) & (D)
Durham County
Dear Ms. Allen,
Secretary
S. JAY ZIMMERMAN
Director
DWR Project #: 2015-0709
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 along Buffalo Creek.
This site is located in rural Rougement, NC in the 03020201 Hydrologic Unit Code of the Upper Falls
Lake Watershed in the Neuse 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 with DWR, accompanied by you and Kristie Corson with DMS,
performed a stream and buffer determination as well as a buffer mitigation viability assessment on
January 7, 2016. If approved, mitigating this site could provide riparian buffer Preservation credits within
the Neuse River Basin. 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:
BUFFALO CREEK, UT MAIN, UT2, UT4
• Features are streams and are subject to the Neuse Riparian Buffer Rule. A stream buffer
determination letter was issued for the subject site by the DWR Central Office on February 17,
2016.
• Land uses within the riparian areas (0 to +/- 200') on both sides of the streams are dense natural
forest. The riparian areas along both sides of the streams are viable as a riparian preservation site
and suitable for buffer mitigation only.
• Ditches were found to have been excavated through the riparian buffers on some of these streams.
Therefore the ditches must be filled, plugged and stabilized to restore diffuse flow through the
riparian buffers in order for buffer mitigation to be viable along those features.
• If necessary, DMS can apply Clarification Memo #2008-019 to this project in order to calculate
the deduction of buffer credit where diffuse flow cannot be attained.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

UTs to Buffalo Creek (EEP #92603)
February 1, 2016
Page 2 of 2
Axe 2, Axe 4, Axe 5
• Streams are intermittent and are not subject to the Neuse Riparian Buffer Rule as determined by
the stream buffer determination letter issued for the subject site by the DWR on February 17,
2016.
Land uses within the riparian areas (0 to +/- 200') on both sides of the stream are dense natural
forest. The riparian areas along both sides of the streams are viable as a riparian preservation site
and suitable for buffer mitigation only.
Ditches were found to have been excavated through the riparian buffers on some of these streams.
Therefore the ditches must be filled, plugged and stabilized to restore diffuse flow through the
riparian buffers in order for buffer mitigation to be viable along those features.
If necessary, DMS can apply Clarification Memo #2008-019 to this project in order to calculate
the deduction of buffer credit where diffuse flow cannot be attained.
Axe 1, Axe 3
• Features are excavated ditches within a dense natural forest. The riparian areas along both sides
of the ditches are not viable for buffer mitigation.
• Please note, that Axe 1 and Axe 3 are providing non -diffuse flow to Buffalo Creek and a UT to
Buffalo Creek (Axe 2) respectively.
A map showing the project site and the features is provided and initialed by Ms. Merritt on February 17,
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 Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/km
Attachments: Site Map, Clarification Memo #2008-019
cc:File Copy (Katie Merritt)

IAV