20020027 Ver 1_Mitigation Information_20081031

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Ms. Suzanne Klimek
N.C. Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Ms. Klimek:
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
October 31, 2008
Subject: UT to Bear Swamp Creek Mitigation Site
Franklin County
DWQ #02-0027
EEP ID #0027
PACG-TC members have discussed the above-referenced mitigation site at recent meetings regarding its
closure and final disposition of mitigation credits. However, an issue needing clarification is the use of
this site to generate riparian buffer credit.
Information provided to DWQ by EEP has identified this site on a map of Tar-Pamlico buffer mitigation
sites; a summary table dated 4/22/08 lists 2.4 acres of available buffer mitigation at the site.
While DWQ and EEP reached agreement about "grandfathering" buffer credit for instituted EEP sites
with buffer greater than 50 feet, 15A NCAC 02B.0260(9)(c) says that the riparian buffer restoration or
enhancement shall have a minimum width of 50 feet as measured horizontally.
The Tar-Pamlico rules also state that the mitigation area is to be vegetated to provide 320 trees per acre
at maturity, and that the mitigation area must be placed under a perpetual conservation easement that
will provide for protection of the property's nutrient removal function. The easement extends to 50 feet
(20 feet beyond the fence), but the nutrient removal function of the outer 20 feet is not being protected,
nor does it have any trees.
Therefore, no Tar-Pamlico riparian buffer mitigation credit can be generated at this site, as the site in its
current condition does not comply with the mitigation requirements of the Tar-Pamlico buffer rules. If
you have questions or require further information, please contact Eric Kulz at 715-9050 or Amy
Chapman at 715-6823.
Sincerely,
Matt Matthews
Wetlands and Stormwater Branch Chief
cc: Paul Rawls, Surface Water Protection Section Chief
Tom Walker, US Army Corps of Engineers
John Dorney, Supervisor, Program Development Unit
Cyndi Karoly, Supervisor, 401 Oversight/Express Permitting Unit
Eric Kulz, 401 Oversight/Express Permitting Unit
Amy Chapman, 401 Oversight/Express Permitting Unit
o a Carolina
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North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 Phone [phone] Customer Service
Internet: www.ncwatergualiiy.ora Location: 512 N. Salisbury St. Raleigh, NC 27604 Fax [phone]
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