20190800 Ver 1_Site Viability Assessment Letter_20190717

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
July 17, 2019
Ted Griffith DWR# 2019-0800
Eco Terra Partners, LLC Edgecombe County
1117 Peachtree Walk NE, Suite 126
Atlanta, GA 30309
(via electronic mail: Ted(&EcoTerra.com)
Re: Site Viability for Buffer Mitigation & Nutrient Offset — Boseman Site
Located near 8019-7621, NC 97, Battleboro, NC
Tar -Pamlico 03020101
Dear Mr. Griffith,
On June 7, 2019, Katie Merritt, with the Division of Water Resources (DWR), received a request
from Eco Terra Partners, LLC (ETP) for an onsite mitigation determination near the above -
referenced site (Site). The Site is located within the Tar -Pamlico River Basin in the 8 -digit
Hydrologic Unit Code 03020101. The Site is being proposed as part of a full -delivery nutrient offset
and riparian buffer mitigation project for the Division of Mitigation Services (RFP #16-007711).
Staff from the Division of Mitigation Services were also present onsite. At your request, Ms. Merritt
performed an onsite assessment of riparian land uses adjacent to streams and channels onsite, which
are shown on the attached map labeled "Figure 1 B -Existing Conditions".
Ms. Merritt's evaluation of the features onsite and their associated mitigation determination for the
riparian areas are provided in the table below. This evaluation was made from Top of Bank (TOB)
and landward 200' from each 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
'Subject
Riparian Land uses
Buffer
2Nutrient
SMitigation Type Determination
onsite
to
Jin riparian areas
adjacent to Feature
Credit
Offset
0-200'
Buffer
Viable
Viable
Rule
R1
Stream
Yes
Non -forested row crop fields
3Yes
Yes (non-
Non -forested areas - Restoration
with areas forested
forested ag
Site per 15A NCAC 0213 .0295 (n)
downstream @ confluence w/
fields only)
R3
Forested Areas - Preservation Site
per 15A NCAC 02B.0295 (o)(5)
Drain tiles shall be removed to restore
diffused flow
R2A
Ephemeral
No
Non -forested row crop fields
4Yes
Yes
Restoration Site per 15A NCAC 02B
.0295 (o)(7)
g North Carolina Department of Environmental Quality I Division of Water Resources
D_E Q�JJ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
N("" GRIX.INn
+d �� /� 919.707.9000

Boseman Site
Eco Terra
July 17, 2019
Feature
Classification
onsite
'Subject
Riparian Land uses
Buffer
Credit
Viable
?Nutrient
SMitigation Type Determination
to
Buffer
Rule
adjacent to Feature
Offset
Viable
w1in riparian areas
0-200'
R213
Stream
Yes
Non -forested row crop fields
Yes
Yes
Restoration Site per 15A NCAC 02B
.0295 (n)
R3
Stream
Yes
Non -forested row crop fields
Yes
Yes
Restoration Site per 15A NCAC 02B
.0295 (n)
Subjectivity calls for the features were determined by DWR in correspondence dated July 9, 2019 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 .
? NC Division of Water Resources - Methodology and Calculations for determining Nutrient Reductions associated with Riparian Buffer
Establishment
3The area of preservation credit within a buffer mitigation site shall comprise of no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0295 (o)(5) and 15A NCAC 0295 (o)(4). Site cannot be a Preservation Only site to comply with this rule.
'The area of the mitigation site on ephemeral channels shall comprise no more than 25 percent (25%) of the total area of buffer
mitigation per 15A NCAC 0213 .0295 (o)(7).
SAIL features proposed for buffer mitigation or nutrient offset, must have a conservation easement established that includes the tops of
channel banks when being measured perpendicular and landward from the banks, even when no credit is viable within the 50' riparian
buffer.
The maps attached to this letter were prepared by ETP and were initialed by Ms. Merritt on July 17,
2019.
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.
Page 2 of 3

Boseman Site
Eco Terra
July 17, 2019
This viability assessment will expire on July 17, 2021 or upon the submittal of an As -Built Report to
the DWR, whichever comes first. This letter should be provided in all stream and wetland,
buffer and/or nutrient offset mitigation plans for this Site.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/km
Attachments: Figure 1B -Existing Conditions Map/Stream Determination
cc: File Copy (Katie Merritt)
Jeff Schaffer- DMS ( via electronic mail)
Page 3 of 3