20080229 Ver 1_Additional Monitoring Required_20130503

FMA
WC-MRA
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P.E.
Governor Director
May 3, 2013
Mr. Thomas Rinker
EBX -EM, LLC
909 Capability Drive, Suite 3100
Raleigh, NC 27606
Re: Additional Monitoring Required
Forrest Creek Buffer Bank Parcel
Dear Mr. Rinker:
John E. Skvada, III
Secretary
DWQ Project # 2008 -0229
Orange County
On December 4, 2012, the Division of Water Quality (DWQ) received a Year 5 Monitoring Report for the
Forrest Creek Buffer Mitigation Bank and a request for close -out. On April 15, 2013, Katie Merritt and
Jennifer Burdette with the Division of Water Quality (DWQ) visited the site along with Tommy Cousins
and Norton Webster from EBX -EM, LLC (EBX) to evaluate the success of the riparian buffer restoration.
Eric Kulz from DWQ and Monte Matthews with the Army Corps of Engineers (ACOE) were also present
to evaluate the success of the stream mitigation. During the site evaluation for riparian buffer restoration,
Ms. Merritt noted the following:
1. Significant areas within Zone 1 of the riparian buffer along the entire reach of the Forrest Creek
mitigation site appeared to lack adequate stem counts most likely due to soil type and hydrology
issues. Stems that were present in Zone 1 were mostly small, indicating they may have been part
of supplemental planting performed in 2010 required by DWQ and ACOE .
Action Required: EBX shall reevaluate Zone 1 throughout the entire mitigated portions of
Forrest Creek and provide a remediation plan sufficient to provide adequate vegetation in Zone 1.
Sufficient ground cover should be reestablished in all bare areas and, where adequate stem counts
are absent, EBX shall plant trees that are desirable for that specific soil type and hydrology.
DWQ recommends larger trees be planted in some of the most problematic areas along the reach.
Modifications to the approved buffer mitigation plan are allowed to provide EBX with the
flexibility of choosing tree species and vegetation that are more likely to survive and reach
maturity. EBX may make additional recommendations to promote site success.
Monitoring reports shall be submitted for 3 more years (2013, 2014 and 2015) and shall record
only the vegetation conditions along Zone 1.
2. Zone 2 of the riparian buffer along the mitigation site was deemed successful and no additional
monitoring in this area is required.
Action Required: None
Wetlands, Buffers, Stonwater, Compliance and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St., Raleigh, North Carolina 27604 (9" Floor)
Phone: [phone] FAX: [phone]
Intemet: http:// portal. nodenr .orgtwebtwq /swptwstwebscape
An Equal opportunity 1 Affirmative Action Employer
One Carolina
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EBX -EM, LLC
Forrest Creek Buffer Bank
Page 2 of 2
May 3, 2013
3. Cattle fencing was down in many areas along the mitigation site. Also noted was that cattle had
been present within the buffer mitigation areas and along the stream banks.
Action Required: Replace or restore all fencing where necessary
4. DWQ noted that the presence of beavers is still posing a problem on this site.
Action Recommended: Place meshing material around the bottoms of larger trees in Zone 1 that
may be more prone to beaver activity.
S. The existing conservation easement has yet to be transferred/assigned to an approved land trust or
stewardship. Please note that this action must be completed prior to a final credit release.
A remediation plan with dates provided for implementation shall be provided to DWQ no later than July
1, 2013 addressing the actions listed above. Pictures showing site conditions before the remediation are
requested to be included in the remediation plan. The remaining credit release for this site is 10 percent.
However, this remaining credit release is intended for the close out of the buffer mitigation bank. It is
anticipated that the credit release of 10% will be provided when all monitoring, as indicated above, has
proved that the riparian buffer restoration is successful and that Item (5) above has been completed.
Please feel free to contact Katie Merritt at (919) 807 -6371 if you have any questions regarding this
correspondence.
Sincerely,
Karen Higgins, Supervis
Wetlands, Buffers, Stormwater, Compliance and
Permitting Unit
KAH/kym
cc: File copy (Katie Merritt)
Tommy Cousins - EBX (via electronic mail)
Monte Matthews — Army Corps of Engineers (via electronic mail)