20080511 Ver 3_Revised BPDP Comments_20140423

Merritt, Katie
From:Merritt, Katie
Sent:Wednesday, April 23, 2014 5:01 PM
To:David Knowles
Cc:'[e-mail]'
Subject:Revised La Grange BPDP-Comments
Hey David,
I received the Revised BPDP for the LaGrange Ph II Expansion today, which included all of the Figures of the site that
were requested with the last email. Now that I have an idea of what GES is proposing for mitigation I have just a few
things I need to comment on. Please see the following:

Section 1.0:

nd
2 paragraph: Please revise this sentence to read as follows: “Stormwater runoff from this site drains

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into Meeting House Branch via a farm ditch and a maintained canal system”.
rd
3 paragraph: Remove the second sentence because this site is not eligible for riparian buffer credits

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since neither the ditch, nor the canal have been determined to be Subject to the Neuse Buffer Rules.
Only the UT to Meeting House Branch (the feature along the western portion of the original LaGrange
Bank) has been determined to be subject to the Neuse Buffer Rules per Mr. Pullinger’s letter.
Please include information regarding whether or not there is a Drainage District affecting this site. If the

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canal running along the Southern portion of the property is within a drainage district, a letter from the
Drainage District confirming that the canal is NOT under a Maintenance/Drainage Easement is required.
This site cannot be approved without this confirmation.

Section 3.0:

In this section, you have provided what you will use to restore the area. However, please describe

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where the area is to be mitigated :
Recommended Language: “Restoration will occur along the ditch located along the eastern portion of the Bank
Parcel. Restoration will begin at the top of bank of the ditch and extend outward a maximum of 200 feet.”

Section 6.0

strd
1 paragraph: Remove language from the 3 sentence regarding Meeting House branch. It’s actually, 0-

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200 feet out from a ditch, not MHB. But this isn’t necessary to state here, since it will be stated more
clearly in Sections 1.0 & 3.0 after my comments above are incorporated.

I have no comments on the planting plan, all looks fine to me.

Action Items prior to resubmittal of the final BPDP:

Have DWR perform a stream call on the canal located at the southern portion of the property to determine

whether it is at least an intermittent stream. Send Form to Anthony Scarbraugh with the Washington Regional
Office (an email with the form was sent to you and Mr. Becker). If determined to be a stream, please include
that information in your BPDP Section 1.0 & include the letter from DWR.

If DWR determines the canal to be a ditch rather than a stream, either intermittent or perennial, contact William

Wescott of the USACE at 910-251-4629 to determine whether this canal would be covered under their
jurisdiction. If determined to be under the USACE jurisdiction, please include that information in your BPDP
Section 1.0.

If the canal is not determined to be jurisdictional by either the DWR or the USACE, the conservation easement

will need to include at least a 10 foot corridor from the top of bank along the canal all the way to its confluence
to the UT to MHB (per mine and Jeff’s phone conversation). Canal maintenance would still be allowed, but the
landowner would need to access the canal outside of the conservation easement & no ag operations could be
performed within this 10 foot corridor. All of this will depend on whether the drainage district has an easement
already along this canal.

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Thank you for your time and patience. Feel free to call me with any questions you may have.
Katie

Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
NCDENR-Division of Water Resources
Work: 919-807-6371
http://portal.ncdenr.org/web/wq/401bufferpermitting
Website:

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