20090565 Ver 1_Mitigation Bank Proposal Review_20090623

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 23, 2009
Mr. Mickey Sugg
U.S. Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403-1343
Subject Project: Bachelors Delight Stream and Wetland Mitigation Bank
Prospectus review and site visit
Dear Mr. Sugg:
DWQ # 2009-0565
Onslow County
The Division of Water Quality (DWQ) 401 Oversight and Express Review Permitting Unit has
reviewed the Public Notice and Mitigation Bank Prospectus (dated April 24, 2009) for the
above-referenced mitigation bank. In addition, Tammy Hill from this Unit participated in a site
visit with the Local Interagency Review Team (LIRT) on June 17, 2009. Our comments are as
follows:
• Overall, the project appears to be a viable candidate for providing mitigation credits
through the restoration and enhancement of a Costal Plain wetland and stream complex.
Our rules (15A NCAC 2H .0506 (h)(8)) indicate that mitigation shall occur within the
same river basin when practical, and current policies note our preference for mitigation
within the same 8-digit hydrologic unit as the impact. The Geographic Service Area
(GSA) should include the area in which the mitigation site can reasonably be expected to
offset the loss of water quality due to impacts of similar wetland resources. The location
of the proposed bank involves one of the rare cases in which the State's river basin line
splits an 8-digit hydrologic unit, as presented in Figure 4 in the Prospectus. We suggest
that the GSA of the proposed bank be limited to the portion of the 8-digit hydrologic unit
within the White Oak Basin.
• We look forward to further development of the landowner's plans for the areas
immediately surrounding the bank boundaries. As discussed at the site visit, certain land
uses could complement the bank's natural resources while others could have a negative
impact on development of the targeted aquatic functions.
• The site presents stream and wetland mitigation opportunities within forests at various
stages of development. The project design should reflect the most appropriate mitigation
401 OversighUExpress Review Permitting Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarohna
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone] lltura!!r?
Internet: http://h2o.enr,state.nc,us/ncwetlands/
An Equal Opportunity 1 Affirmative Action Employer
Bachelors Delight Mitigation Bank
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techniques (restoration vs. enhancement) for each section of the project, and should avoid
removal of large trees characteristic of the targeted communities.
The prospectus notes that some areas proposed for preservation contain trees that are 10
to 20 years old. Depending upon the extent, it may be appropriate to increase the
mitigation ratio for preservation credit in areas with immature forests. The prospectus
also notes areas of reference-quality headwater valley systems. These were not visited
last week, but we support the use of appropriate on-site references and look forward to
seeing them in the future.
Questions arose at the site visit regarding monitoring and success criteria for headwater
valley stream-wetland areas. We have attached an example of monitoring protocol and
criteria approved as part of an earlier project. We don't suggest that it be copied
verbatim, but it may provide a helpful example for consideration in combination with the
monitoring options discussed in the Prospectus.
We appreciate the opportunity to visit the proposed bank site and to comment on the Mitigation
Prospectus. If the project moves forward, we will look forward to reviewing a more detailed
mitigation plan and working with the LIRT and bank sponsor toward a successful mitigation
bank. Please feel free to contact Tammy Hill at [phone] or [e-mail]
regarding our comments or any issues related to this bank.
Sincerely,
Cyndi B. Karoly, Program Manager
401 Oversight and Express Review Program
Cc (w/out attachment):
Ms. Joanne Steenhuis, DWQ Wilmington Regional Office
Ms. Kathy Matthews, US EPA
Mr. Ron Sechler, NMFS
Mr. Steve Sollod, NC DCM
Mr. Howard Hall, US FWS
Ms. Molly Ellwood, NC WRC