20021259 Ver 1_Staff Comments_20011012

?0F W ATFRP Michael F. Easley, Governor
Gy North Carolina Department of Environment and Natural Resources
=1 Gregory J. Thorpe, Ph.D.
0 'C Acting Director
Division of Water Quality
October 12, 2001
Ms. Jean Manuele
Department of the Army
Wilmington District, Corps of Engineers
6508 Falls of Neuse Rd. Suite 120
Raleigh, NC 27615
Dear Ms. Manuele,
Re: Deep Creek/Fisher River Mitigation Banks
Yadkin/Surry Counties
This correspondence references the prospectuses for the Deep Creek and Fisher
River Mitigation Banks being proposed by American Wetlands. These two Banks are being
used by the NC Department of Transportation exclusively as we understand. Below are
general comments, followed by comments for each individual Bank.
General Comments
(1) The Division of Water Quality (DWQ) recommends that final disposition (Conservation
Easement to third party) of the properties be concluded before Mitigation Banking
Instrument (MBI) is signed.
(2) Under NC General Statute 143-214.11, the private Mitigation Bank shall demonstrate
that adequate financial assurances exist for the long-term maintenance of the property in
perpetuity. With the proposal of structures for hydrologic control in these projects,
WRP would like evidence of how these structures will be maintained in perpetuity and
how will that be paid for.
(3) NC Rule T15A: 02R.0302 states that Mitigation Banks will be consistent with NC
Wetlands Restoration Program's Basinwide Restoration Plan for its respective river
basin. Section H. B. 6. Of the Mitigation Banking Guidance indicates that banks should
be developed to address specific resource needs in a particular watershed. DWQ would
like to see verbiage indicating these banks consistency with the Yadkin Restoration Plan
and some evidence that a watershed assessment was made prior to siting this Bank.
(4) DWQ recommends random planting of vegetation in order to provide a more natural
pattern.
Deep Creek Wetland Mitigation Bank
(1) DWQ feels that the restoration of the two tributaries on the site is essential in restoring
the functions of this bottomland hardwood system. Bottomland Hardwood hydrology is
directly connected to a stream system where overbank flooding (duration and frequency)
is critical to the functioning of the overall system.
(2) With reference wetlands onsite, the possibility that the references will be affected by the
restoration could cause problems in monitoring success. We suggest that the use of
these sites as references only be used if there is no chance of effect by restoration.
(3) Success criteria for wetlands restoration must be stated quantitatively. It is unclear in
the prospectus.
VXX
]NCt)ENR
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748