20170938 Ver 1_Mitigation Plan_Appendix K_20170731

Appendix G
Swift Creek - Permittee Responsible Mitigation Plan
Edgecombe County, North Carolina
APPENDIX K
NCDWR BUFFER VIABILITY LETTER

This Page Intentionally Left Blank

Water Resources
ENVIRONMENTAL QUALITY
July 25, 2017
Norton Webster
Palustrine Group, LLC
P.O. Box 603
Pittsboro, NC 27312
(via electronic mail: [e-mail])
ROY COOPER
ti ()1':'11 iJl
MICHAEL S. REGAN
S. JAY ZIMMERMAN
Duo -l",
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Swift Creek/CCX Site
(this determination replaces the determination issued on June 22. 2017 that was based on
existing site conditions)
Near 9117 NC 33, Leggett NC
Edgecombe County
Dear Mr. Webster,
On December 28, 2016, Katie Merritt, with the Division of Water Resources (DWR), received a
request from Palustrine Group, LLC (PG) for a site visit near the above -referenced site in the 8 -digit
Hydrologic Unit Code 03020101 of the Tar -Pamlico River Basin to determine the potential for
riparian buffer mitigation and nutrient offset. On January 23, 2017, Ms. Merritt performed a site
assessment of the subject site, which is more accurately shown in the attached map labeled "Wilson
Farm Stream, Buffer and Nutrient Calls". This site is also being proposed as a stream restoration site
by PG as a Permittee Provided Mitigation (PRM) option to satisfy mitigation requirements for the
CCX Project located in the same HUC. The stream restoration site is described in more detail in the
attached map labeled, "Proposed Stream Restoration/Enhancement". At the request of PG, this
mitigation determination is assessed using the proposed stream restoration plan that is intended to be
submitted with the 401/404 permit application for review and approval. If the proposed stream
restoration plan changes in any way from what is shown on the attached "Proposed Stream
Restoration/Enhancement" Map, or the stream channels labeled as "restored stream channel" in the
table below do not develop into intermittent or perennial streams as determined by DAM, this
viability letter will be subject to change
Ms. Merritt's evaluation of the features and their associated mitigation determination for the riparian
areas are provided in the table below. The evaluation was made from Top of Bank (TOB) out to
200' from each existing or proposed feature for buffer mitigation pursuant to 15A NCAC 02B .0295
(effective November 1, 2015) and for nutrient offset credits pursuant to 15A NCAC 02B .0240.
Feature
Classification
1Subiect
Riparian Land uses of
Buffer
Credit
Viable
2Nutrient
Offset Viable
Mitigation Type Determination w/in riparian
ID
on restoration
to Buffer
Feature onsite
0-200'
areas
(where a stream channel is restored or forms)
plan
Rule
at 2,273
lbs acre
A-1
Stream/
Yes
Row Crop agriculture in
Yes
Yes (field
Field Only - Restoration Site per 15A NCAC 02B
Restored
the fields and becomes
only)
.0295 (n)
stream
a combination of
channel
wetlands and forested
Forested Areas - Preservation Site per 15A
canopy beyond
NCAC 02B.0295 (o)(5)
woodline
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Swift Creek Site/CCX Mitigation
Palustrine Group, LLC
July 25, 2017
Feature
Classification
1Subiect
Riparian Land uses of
Buffer
ZNutrient
Mitigation Type Determination w/in riparian
on restoration
Feature onsite
0-200'
areas
(where a stream channel is restored or forms)
ID
to Buffer
Credit
Viable
Offset Viable
plan
Rule
at 2,273
lbs acre
A-2
Restored
Not
forested canopy
Yes
No
Preservation Site per 15A NCAC 02B .0295 (o)(4)
stream
evaluated
channel
B-2
Restored
Not
Mix of wetlands and
Yes
No
Preservation Site per 15A NCAC 02B .0295 (o)(4)
stream
evaluated
forested canopy
channel
D
Stream/
Yes
Row Crop agriculture in
Yes
Yes (field
Field Only - Restoration Site per 15A NCAC 02B
Restored
the fields and becomes
only)
.0295 (n)
stream
a forested canopy at
channel
woodline
Forested Areas - Preservation Site per 15A
NCAC 02B.0295 (o)(5)
E-1
Stream/
No
Mix of mature forested
Yes
Yes (ag field
Forested Areas — Preservation Site per 15A
Restored
canopy of hardwoods
only)
NCAC 02B.0295 (o)(4)
stream
with row crop
channel
agriculture beyond the
Ag Field - Restoration Site per 15A NCAC 02B
woodline. A berm and
.0295 (o)(3)
ditch are present that
require removal
Viable for mitigation along left bank only if berm
is graded down and ditch #20 is filled and
planted
E-2
Restored
Not
Mix of mature forested
Yes
Yes (ag field
Ag Field - Restoration Site per 15A NCAC 02B
stream
evaluated
canopy of hardwoods
only)
.0295 (o)(3)
channel
with row crop
agriculture beyond the
Forested Areas - Preservation Site per 15A
woodline.
NCAC 02B.0295 (o)(4)
E-3
Restored
Not
Row Crop agriculture
Yes
Yes (ag field
Restoration Site per 15A NCAC 02B .0295 (o)(3)
stream
evaluated
only)
channel
E-3
Stream/
Yes
Forested canopy
Yes
No
Preservation Site per 15A NCAC 02B .0295 (o)(5)
forested
Restored
reach
stream
channel to
A-1
F
Restored
Not
Row Crop agriculture
Yes
Yes (ag field
Restoration Site per 15A NCAC 02B .0295 (o)(3)
stream
evaluated
only)
channel to
Confluence
with E-3
K
Restored
Not
Partially row crop
Yes
Yes (ag field
Ag Field - Restoration Site per 15A NCAC 02B
stream
evaluated
agriculture and mature
only)
.0295 (o)(3)
channel
forest
Forested Areas - Preservation Site per 15A
NCAC 02B.0295 (o)(4)
4, 5, 6, 7,
Ditches
No
N/A
N/A
N/A
Ditches are all being proposed to be filled as part
15, 20,
(see map)
of the stream and wetland restoration plan;
21, 22,
therefore, will not be viable for buffer or nutrient
23,24
offset
214

Swift Creek Site/CCX Mitigation
Palustrine Group, LLC
July 25, 2017
Feature
Classification
'Subject
Riparian Land uses of
Buffer
ZNutrient
Mitigation Type Determination w/in riparian
on restoration
Feature onsite
0-200'
areas
(where a stream channel is restored or forms)
ID
to Buffer
Credit
Viable
Offset Viable
plan
Rule
at 2.273
lbs acre
11(a)
Ditch
No
Row crop agriculture
Yes
Restoration Site per 15A NCAC 02B .0295 (n)
(see map)
Did not evaluate for buffer mitigation viability
(proposed to be filled)
11(b)
Ditch
No
Partially to fully
No
No
N/A
(see map)
forested with some
mature canopy off and
on between 1998-2017
and not in agriculture
14
Stream
Yes
Left Bank — Row crop
Yes
Yes
Forested Areas — Preservation Site per 15A
agriculture
(ag field only)
NCAC 02B .0295 (o)(5)
Right Bank— mature
forested canopy of
Ag field - Restoration Site per 15A NCAC 02B
hardwoods
.0295 (n)
Subjectivity calls for the features were determined by DWR in correspondence dated May 3, 2017 and June 16, 2017
using the 1:24,000 scale quadrangle topographic map prepared by USGS and the most recent printed version of the soil
survey map prepared by the NRCS. Features onsite that will be restored into stream channels are labeled as "not
evaluated' in the table.
2 NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with
Riparian Buffer Establishment
Maps that are attached to this letter were prepared by PG and Amec Foster Wheeler and were
initialed by Ms. Merritt on July 25, 2017. This letter should be provided in all stream, wetland,
buffer and/or nutrient offset mitigation plans for this Site.
This letter does not constitute an approval of this site to generate mitigation credits. Pursuant to 15A
NCAC 02B .0295, a mitigation proposal and a mitigation plan shall be submitted to DWR for written
approval prior to conducting any mitigation activities in riparian areas and/or surface waters for
buffer mitigation credit. Pursuant to 15A NCAC 02B .0240, a proposal regarding a proposed nutrient
load -reducing measure for nutrient offset credit shall be submitted to DWR for approval prior to any
mitigation activities in riparian areas and/or surface waters.
All vegetative plantings, performance criteria and other mitigation requirements for riparian
restoration, enhancement and preservation must follow the requirements in 15A NCAC 02B .0295 to
be eligible for buffer and/or nutrient offset mitigation credits. For any areas depicted as not being
viable for nutrient offset credit above, one could propose a different measure, along with supporting
calculations and sufficient detail to support estimates of load reduction, for review by the DWR to
determine viability for nutrient offset in accordance with 15A NCAC 02B .0240.
This viability assessment will expire on July 25, 2019 or upon the submittal of an As -Built
Report to the DWR, whichever comes first. Please contact Katie Merritt at (919)-807-6371 if you
have any questions regarding this correspondence.
_ 314

Swift Creek Site/CCX Mitigation
Palustrine Group, LLC
July 25, 2017
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/km
Attachments: Swift Creek Mitigation Site Map, Proposed Stream Restoration/Enhancement Map
cc: File Copy (Katie Merritt)
Page 414

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Edgecombe County, North Carolina
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