20130184 Ver 1_Tar River BPDP Comments_20130806

Merritt, Katie
From: Merritt, Katie
Sent: Tuesday, August 06, 2013 3:07 PM
To: 'Jeremy Poplawski'
Subject: Tar River BPDP
Attachments: Tar River BPDP Comments.docx
Hey Jeremy,
I have received and reviewed the Tar River Headwaters Nutrient Offset & Riparian Buffer Bank Parcel Development
Package and have provided my comments in the attached document. Thank you for meeting with me in person today to
go over these comments & recommendations. Let me know if there are any remaining questions you may have.
Thanks,
Katie
Katie Merritt
Nutrient Offset Banking Coordinator
NCDENR- Division of Water Resources
Work: 919 - 807 -6371
Website: http: / /portal,ncdenr.org /web /wg /swp /ws /webscapee
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Proposed Tar River Headwaters Buffer & Nutrient Offset Mitigation Bank BPDP submitted by Mogensen
Mitigation, Inc. & reviewed by Katie Merritt with Division of Water Resources (DWR)— 8/6/13
*Please make sure MMI changes DWQ to DWR throughout the document
• Section 1.0
o add more details for the site's physical location, including a road name
o remove text that is located in an "EEP targeted watershed"
o replace the 14 digit HUC with the 8 -digit HUC only
0 3`d paragraph:
■ do not refer to the nutrient offset areas as "riparian buffer" as it can be
misleading. Refer to the nutrient offset areas as simply, "riparian area ". Correct
this throughout the BPDP as needed. Where discussing restoration of both
riparian buffer and nutrient offset areas, you may use the term "riparian
restoration ". Correct this throughout the BPDP where applicable
■ when referring to the tar- Pamlico buffer, please describe the area as, "Tar -
Pamlico Riparian Buffer" rather than "buffer" for clarity. Correct throughout the
BPDP where applicable.
• correct the first sentence to read as follows: "the Sponsor proposes to restore
approximately 7.5 acres (? ?square feet) of Tar - Pamlico riparian buffers to
generate riparian buffer credits. In addition, approximately 9.26 acres of other
riparian areas will be restored to generate nutrient offset credits."
• add that the removal of livestock from the riparian areas will also have an effect
on water quality.
• Last sentence: Correct to read as follows: "Separate from this BPDP, but part of
the MMI Mitigation Banking Instrument with the Interagency Review Team (IRT)
for stream restoration, areas of riverine wetlands..."
o state the name of the body of water stormwater runoff is draining directly into prior to
reaching Tar River and add their stream classifications (using the DWQ Basinwide
Management System (BIMS))
• Section 2.2
o Correct the sentence in the middle of paragraph to read as follows: "This vegetation is
partially managed and during an onsite visit with staff from the DWR, it was determined
to be appropriate for riparian restoration."
• Section 2.3
o What "Mitigation Plan" (2 °d to last sentence) are you referring to? Provide a
clarification in the text.
o Due to the close proximity of several natural heritage occurrences to this site, clearance
will need to be provided prior to approval of this BPDP
• Section 2.4
o According to the BPDP, the SHPO Archaeological Section found no cultural resources
onsite. Therefore, you do not need further clearance prior to getting approval of this

BPDP. However, if cultural resources are found to exist, you must report them to the
SHPO and wait for clearance prior to implementing the restoration plan in this BPDP.
• Section 3.0
• Riparian buffer credits are measured in square feet. Please add the square footage in
addition to the total acres.
• Buffer rule says "Normal High Water Level ", not "Ordinary High Water Mark ". Please
correct here and throughout the document where applicable and correct the 2nd & 3rd
sentence to read as follows: "The widths.... of the normal high water level and extend
landward a distance of 50 feet per 15A NCAC 028.0259. These widths vary depending on
resultant stream locations, but do not exceed 50 feet."
o Remove the last 2 sentences of this paragraph before the table. ( "therefore a 100'...)
o Remove the 1st sentence after the table. ( "the buffer restoration meets...) This set of
rules does not define buffers. 15A NCAC 02B .0259 defines the Tar Pamlico buffers
• Section 4.0
o note, riparian areas to be restored for nutrient offset include areas outside of the
riparian buffer (for this plan). Those riparian areas are defined as extending landward a
maximum of 200 feet from the normal high water level of the stream.
o Remove the last sentence.
■ According to the BPDP, you have calculated the nutrient offset acreages in
square feet, however, I have not been able to find where the nutrient offset
areas have been provided in square feet. If this is how the calculations were
provided, please provide the nutrient offset riparian restoration in both acres
and square feet.
• Section 5.0 — delete everything after 3rd sentence
• Section 6.0 -
o include this statement: "The bank site will contain XX vegetative monitoring plots,
which will be monitored in general accordance with the CVS -EEP Protocol for Recording
Vegetation (CVS -EEP, v4.2)."
o Provide a season when MMI expects to begin planting the site (you might want to add
that it will depend on the status of the stream restoration project with the IRT).
o Vegetative monitoring and maintenance does not continue until all credits are sold. It
stops at the end of 5 years of monitoring or until DWQ determines success criteria has
been achieved. Clarify this in this section.
o Add the statements: "First monitoring data will not be measured less than 5 months
after completion of initial planting." "Vegetation data will be collected during late
August — October of each year."
o Describe in detail what "active management and maintenance" is expected within the
riparian restoration areas.
o NCEEP is not an acceptable land steward per the UMBI requirements. Please remove as
an option

• Section 7.0— the UMBI defines financial assurance so please do not modify from what the UMBI
defines as acceptable means of financial assurance. You do not need this section in the BPDP.
However, if you want to keep this section, please state that financial assurance will be provided
in accordance with the terms and conditions of the UMBI.
• Section 8.0
• Correct the V, sentence to read as follows: "The Bank will provide XX acres (ZZft') of
Tar - Pamlico Riparian Buffer Credits for buffer impacts within the Tar Pamlico River Basin.
The exact amount of riparian buffer mitigation will be included in the As -Built Report and
on the corresponding riparian buffer credit ledger. "
• Delete the 2nd sentence. The UMBI cites buffer credits as "Riparian Buffer Credits ", not
BMU.
• Restoration of riparian buffers will follow the UMBI and the BPDP.
• Table 3 — Add a column for square feet. Remove the BMU column.
• Buffer restoration is not calculated according to the way the text is written in this
section. Remove this portion from this section as it will be mentioned elsewhere
already in the BPDP after my comments have been incorporated(see comments on
Section 3.0 above)
• Section 9.0
o Move the text of this section above Table 4.
• Correct this section to read as follows: "The Bank will provide XX acres (ZZft2) of Nutrient
Offset Credits for development impacts within the 8 -digit HUC 03020101 of the Tar -
Pamlico River Basin."
• Riparian area (nutrient offset) restoration is not calculated according to the way the text
is written in this section. Remove this portion from this section as it will be mentioned
elsewhere already in the BPDP after my comments have been incorporated (see
comments on Section 4.0 above)
• Figures 2.1 & 2.2: Change title to, "....with overlapping details of Stream Restoration Project"
• Figure 3: This service area is incorrect. provide a service area map that shows only the 8 digit
HUC for nutrient offset mitigation and a separate shaded area showing the Tar Pamlico Basin for
buffer mitigation.
• Locate the nutrient offset riparian areas and Tar - Pamlico riparian buffers on the planting plan on
Sheets 1 & 2.
Planting Plan: we will discuss the planting plan in our meeting. However, please note that the
buffer rules require 320 planted trees that count towards the success criteria. If you plant
shrubs, you have two options:
1) plant them voluntarily even though they will not count towards the 320 stems /acre criteria
2) plant them according to the EEP Buffer Restoration Guidelines (referenced in the MMI UMBI)
according to the shrub stems /acre criteria.
• Remove red maple from your planting plan
• Remove tag alder from your planting plan

o Any plant substitutions must be approved up front by DWQ and the IRT prior to
plantings
o Conservation Easement boundary vs fencing — we will discuss this at our meeting
• Credit Generation Maps-
• clarify whether this channel (blue) is the proposed future design or the current /existing
design.
• The credit generation of nutrient offset and buffer are the same for UT1 and UT2.
Please correct on the maps and label the UTs according to the BPDP /stream restoration
project.
• Enumerate the nutrient offset area in both acres and pounds of nitrogen generated
• Enumerate the buffer area in both acres and square feet
• Legend shows "Open Water" — where is this open water on these maps?
• Sequence of Construction — explain comments at meeting