20090969 Ver 1_Staff Comments_20091026

AV4
NCDENR (A)
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 26, 2009
Mr. Jamie Shern
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: City of Raleigh Proposed Umbrella Mitigation Bank
Draft Mitigation Banking Instrument
Wake County
Dear Mr. Shern:
The Division of Water Quality (DWQ), as a member of the Interagency Review Team (IRT) that
has been convened by the U.S. Army Corps of Engineers (USACE) to review the above-
referenced bank, has reviewed the draft Mitigation Banking Instrument (MBI) received on
October 20, 2009. Our comments on the MBI are as follows:
• The MBI references operation of an umbrella mitigation bank that will provide stream
and wetland mitigation credits for impacts to aquatic resources permitted under Sections
404 and 401 of the Clean Water Act, as well as credits for non jurisdictional (isolated)
wetlands and waters, riparian buffer credits and nutrient offset credits.
DWQ requests that the Bank Sponsorremove from the draft MBI all references to
mitigation credits required under state laws, rules or policies, and include these in a
separate MBI that will be executed by DWQ and the Bank Sponsor. Isolated Wetlands
and Waters, riparian buffers, and nutrient offset programs are not under the jurisdiction of
federal agencies and are not subject to approval by the IRT. DWQ can provide the Bank
Sponsor with a MBI template to assist the City of Raleigh in the preparation of their
MBI.
The credit release schedule proposed in the MBI for stream mitigation credits is not
consistent with the credit release schedule developed by the IRT. The stream credit
release schedule is as follows:
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NorrthCarolina
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An Equal Opportunity 1 Affirmative Action Employer
Mr. Shern
City of Raleigh Proposed Umbrella Mitigation Bank
Draft Mitigation Banking Instrument
Page 2 of 2
10/26/2009
Stream Credit Release Schedule
Task Project Milestone % Credit
Available
for Sale
1 Mitigation Plan approved by DWQ, Mitigation Banking
Instrument executed, Conservation Easement or Restrictive
Covenants Recorded and delivery of financial assurances 15
2 Completion of all physical and biological improvements and
Installation of Monitoring Devices 15
3 Submit Monitoring Report #1 (meets success criteria) 10
5 Submit Monitoring Report #2 meets success criteria 10
6 Submit Monitoring Report #3 meets success criteria 10
7 Submit Monitoring Report #4 meets success criteria 10
8 Submit Monitoring Report #5 meets success criteria 15
Bankfull Events Documentation (see below * 15
Total 100%
*A reserve of 15% of the banks total stream credits shall be released any time after 2 bankfull
events have occurred, in separate years, provided the channel stable and all other success criteria
are met. In the event that less than two bank-full events occur during the monitoring period,
remaining credit release shall be at the discretion of the IRT.
DWQ does not have any additional comments regarding the MBI at this time. As a member of
the IRT, DWQ will provide comments on individual sites as they are added to the bank.
Please feel free to contact me at [phone] if you have any questions regarding this letter or
our comments.
Sincerely,
C?'
Cyndi Karoly, Supervisor
401 Oversight and Express Permitting Unit
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