20100642 Ver 1_Mitigation Bank Proposal Review_20100811

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
August 11, 2010
Mr. Andrew Williams
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: La Forests Stream Mitigation Bank
Draft Prospectus
Guilford County
DWQ #09-0642
Dear Mr. Williams:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) 401 Oversight and Express Review Permitting Unit has
reviewed the Draft Prospectus for the above-referenced site. In addition, Tammy Hill and Ian
McMillan with DWQ visited the site on April 22, 2010 as part of the Interagency Review Team
(IRT).
Based on the information presented in the Draft Prospectus and the site visit, our comments are
as follows:
• The Draft Prospectus is lacking a significant amount of the details that are usually
presented in a prospectus. While the document states "A combination of restoration and
preservation...." is proposed, the document does not explicitly identify the approaches
proposed for the various stream reaches on the site. No information is provided
regarding the width of the riparian buffers proposed for the project, except to state that
the buffer on the west side of the stream will be reduced due to the transmission line
easement.
• The Draft Prospectus proposes to relocate the main stream to the east and out of the
transmission line easement. Based on the limited plans provided, the stream is to be
relocated between 75 and 130 feet to the east of its current location. Based on review of
available topographic maps, it appears that the stream will be relocated slightly upslope
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: hftp://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity 1 Affirmative tive Action Employer oyer
NaturiallY
Mr. Williams
La Foresta Stream Mitigation Bank
Draft Prospectus
Page 2 of 2
(between 1.5 and 3 feet) from its present location. Taking into account the level of
incision of the channel, the stream bed elevation may be raised as much as four feet
above its current elevation. Raising the stream bed elevation may result in disconnection
of the stream from groundwater, resulting in conversion to an intermittent stream, or
possibly even ephemeral portions in the upper end of the proposed restoration reach.
• Relocation of the stream channel to the east will result in impacts to two wetlands located
to the east of the current stream channel. DWQ does not support impacts to wetlands for
the purpose of facilitating stream mitigation credits.
• Based on the site visit and the Draft Prospectus, the tributaries appear to have some
potential to provide stream mitigation credits. Since the proposed mitigation approach to
the tributaries was not discussed in the Draft Prospectus, DWQ is unable to comment on
any proposed improvements to these reaches.
Overall, DWQ has numerous concerns regarding proposed restoration activities involving the
main channel on the site. Its location within the utility easement precludes it from being a
candidate for in-place enhancement for mitigation credit, due to the ongoing and future
vegetation management activities conducted by Duke Power. DWQ does not support the
proposed restoration/relocation of the main channel for the reasons listed above.
While DWQ may support some type of mitigation activities involving the tributaries, the lack of
specificity regarding the proposed mitigation approach for the tributaries prevents us from
voicing either support or disapproval.
Please note that DWQ reserves the right to provide additional comments based on review of
more detailed restoration plans or other documents.
Please feel free to contact Eric Kulz or Tammy Hill at [phone] if you have any questions
regarding this project or our comments.
S' cerely,
Ian McMi lan, Acting Supervisor
401 Oversight and Express Review Program
cc: File Copy (Eric Kulz)
Sue Homewood - DWQ WSRO
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: rtunity tunity n a usln l NaturallY
An Equal Opportunity 1 Affirmative tive Action Employer oyer