20160366 Ver 2_Buffer & Nutrient Viability Ltr_20160415

Water Resources
ENVIRONMENTAL QUALITY
April 15, 2016
John Hutton
Wildlands Holdings II, LLC
312 West Millbrook Rd, Suite 225
Raleigh, NC 27609
(via electronic mail)
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR Project #: 2016-0366
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Martin Dairy Creek
Located on Schley Rd across from Martin Hill Ln, Hillsborough, NC
Orange County
Dear John,
On April 5, 2016, Katie Merritt, with the Division of Water Resources (DWR), assisted you and
others from Wildlands Engineering Inc. at the proposed Martin Dairy Mitigation Site (Site) in
Hillsborough, NC. The Site is located in the Upper Falls Watershed for the Neuse River Basin
within the 8 -digit Hydrologic Unit Code 03 02020 1. The Site is being proposed as part of a full -
delivery stream restoration project for the Division of Mitigation Services (RFP #16-006477).
The Interagency Review Team (IRT) was also present onsite. At your request, Ms. Merritt,
performed a site assessment of the two features onsite, which are more accurately shown in the
attached aerial signed by Ms. Merritt on April 15, 2016. If approved, mitigating this site could
provide stream mitigation credits, riparian buffer credits and/or nutrient offset credits.
Ms. Merritt's evaluation of the features for buffer and nutrient offset mitigation pursuant to Rule
15A NCAC 02B .0295 (effective November 1, 2015) and Rule 15A NCAC 02B .0240 is
provided below:
Martin Dairy Creek and UT2
• Features are streams.
• Land use within the riparian areas (0 to +/- 200') adjacent to both sides of the streams
comprise of managed fescue.
• The riparian areas along the streams are viable for riparian restoration and suitable for
buffer mitigation only.
• Stream restoration is proposed on these streams. Therefore, riparian restoration efforts
shall occur in conjunction with the stream restoration and not before.
• For nutrient offset viability to be determined, the landowner must provide proof in
writing that the land is being used for agriculture or has been used for agriculture
previously. Dates supported by photos or other written records must be included to
document any uses of the land not observed during the site visit on April 5, 2016.
401 and Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: www.ncwaterquality.org

Martin Dairy Creek
April 15, 2016
Page 2 of 2
Ephemeral Reach
• The feature is a modified natural channel located within a topographic crenulation indicative
of a natural drainage on the 1:24,000 quad topographic map prepared by the U.S. Geologic
Survey. Ms. Merritt rated the channel using the NC DWR Stream Identification Form
Version 4.11. The rating she received on the form was a 14.5; Therefore, the feature is
ephemeral.
• Land use within the riparian areas (0 to +/- 200') adjacent to both sides of the streams
comprise of managed fescue.
• The riparian areas along the streams are viable for riparian restoration and suitable for
buffer mitigation only.
• For nutrient offset viability to be determined, the landowner must provide proof in
writing that the land is being used for agriculture or has been used for agriculture
previously. Dates, supported by photos or other written records, must be included to
document any uses of the land not observed during the site visit on April 5, 2016.
Maps showing the project site and the features are provided and signed by Ms. Merritt on April
15, 2016. This letter should be provided in all future mitigation plans for this Site. In addition,
all vegetative plantings, performance criteria and mitigation requirements for riparian restoration
must following the requirements in 15A NCAC 02B .0295 to be eligible for buffer and nutrient
offset credits.
For any areas depicted as not being viable for nutrient offset credit, one could propose a different
measure other than riparian restoration, along with supporting calculations and sufficient detail
to support estimates of load reduction, for review by the DWR to determine viability for nutrient
offset according to 15A NCAC 02B .0240.
Please contact Katie Merritt at (919)-807-6371 if you have any questions regarding this
correspondence.
Sincerely,
oatml
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/km
Attachments: Site Aerial Map and Topographic Map
cc:File Copy (Katie Merritt)
DMS — Jeff Schaffer (via electronic mail)

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Powerline (Based on GPS data)
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Figure 7b Concept Map - Option 2
W I L D L A N D S Martin Dairy Mitigation Site
E N G I N E E R I N G ` 0 300 Feet Neuse River Basin 03020201
Orange County, NC
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Figure 7b Concept Map - Option 2
W I L D L A N D S Martin Dairy Mitigation Site
E N G I N E E R I N G ` 0 300 Feet Neuse River Basin 03020201
Orange County, NC
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Proposed Conservation Easement
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Hillsborough and Caldwell, USGS 7.5. topographic quadrangles
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Figure 4 Topographic Map
Martin Dairy Mitigation Site
Neuse River Basin 03020201
Orange County, NC