20090858 Ver 3_Yr 5 Report Comments_20161117

Water Resources
ENVIRONMENTAL QUALITY
November 17, 2016
Ms. Daniel Ingram
Resource Environmental Solutions, LLC
302 Jefferson Street, Suite 110
Raleigh, NC 27605
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR Project #: 2009-0858v3
Orange County
Re: Cape Fear Riparian Buffer and Nutrient Mitigation Umbrella Banking Instrument
(UBI)
Ivey Ferguson Bank — Monitoring Report Year 5 Review
Dear Mr. Ingram:
On November 4, 2016, the Division of Water Resources (DWR) received a Year 5 Monitoring
Report for the Ivey Ferguson Bank Parcel from EBX-EM, LLC (EBX) a subsidiary of Resource
Environmental Solutions, LLC. The vegetation data provided in the report show stem densities
higher than the required 320 stems/acre. However, the vegetation data sheets and corresponding
photos for the vegetation plots show that a majority of the stems in 55% of the plots are
significantly shorter in comparison with average heights of planted trees seen on other mitigation
sites after 5 years. Only 2 of the 5 plots were part of a supplemental planting in early Spring
2015. The table below provides the average height in centimeters (cm) of the trees planted in
plots 1-9:
Plot
Total
Planted
Stems in
Plot
Average
Tree
Height (cm)
Supplemental
Plants in
2015
1
8
235
No
2
17
375
No
3
13
90
No
4
12
117
Yes
5
20
88
Yes
6
14
66
No
7
13
91
No
8
15
315
No
9
9
167
No
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Ivey Ferguson Bank Site
November 17, 2016
Page 2 of 2
The Cape Fear Umbrella Mitigation Banking Instrument (UMBI) states that "Vegetation Success
Criteria will be based upon the density andgrowth of character tree species... Success is defined
as the survival of an average density of 320 desirable trees per acre after 5 years. " (emphasis
added). Section 4.0 of the Bank Parcel Development Package states that, "A determination will
be made regarding the success of the project following the collection and evaluation of
ecological and physical monitoring data, photographs, and site observations. " (emphasis added)
Based on DWR's assessment of the ecological and physical vegetation data and site photographs
provided in the report, it can be concluded that a majority of the trees in plots 3, 4, 5, 6 and 7
have not grown to a desirable height at year 5.
Therefore, DWR is recommending at least one more monitoring period prior to an onsite
assessment of site conditions for close-out. In the meantime, DWR recommends that EBX
provide site management measures to ensure better site conditions for tree growth. Invasive
species control, a fescue treatment and a one-time mowing by EBX staff between rows and
around trees are feasible approaches that DWR will approve. Only EBX staff are authorized to
perform these management measures.
An onsite visual assessment of the site is required to close the site out for monitoring. Site visits
for assessing site conditions & vegetation for closeout are performed when leaves are present on
the trees. Therefore, a closeout visit will be scheduled for early Fall 2017 at the earliest. Having
the Year 6 monitoring report in -hand for the close-out visit is highly recommended.
Please feel free to call Katie Merritt at [phone] if you have any questions regarding this
correspondence.
Sincerely,
Karen Higgins, Supervisor
401 and Buffer Permitting Branch
KAH/kym
cc: File Copy (Katie Merritt)
Cara Conder —EBX (via electronic mail)