BPDP Review - Bandit Farms

From:
Merritt, Katie
To:
Menefee -Dunn, Barbara A
Cc:
Hartshorn, Blake; Baker, Caroline D
Subject:
FW: BPDP Review - Bandit Farms
Date:
Monday, August 28, 2023 4:54:35 PM
Attachments:
Bandit Farms Comment Summarv.Ddf
Barbara,
Please file email thread below and attachment in the same PDF. Thank you!!! I'm also copying
Caroline Baker on this too so she can make sure everything went into LF successfully. Lately,
there have been some issues with LF docs, so hopefully it works okay. If not, she'll let us know.
Project Number — 2016-0393v4
File Name: same as subject of this email
Date: the date I sent the email below 8/28/23
From: Merritt, Katie
Sent: Monday, August 28, 2023 4:52 PM
To: Daniel Ramsay <[e-mail]>
Cc: Hartshorn, Blake <[e-mail]>
Subject: BPDP Review - Bandit Farms
Hey Daniel,
Pursuant to Titles 15A NCAC 02B .0295 and 15A NCAC 02B .0703 (e), a provider shall submit a
project plan proposal to the Division for review and approval that includes specific elements of the
project. On June 5, 2023, RestorEcology Jordan, LLC (RestorEcology) submitted a Bank Parcel
Development Package (Plan) for the Bandit Farms Site, to the Division, for review and approval.
According to the initial review by DWR staff of the subject Plan, some elements were either not
provided, not explained thoroughly, not accurate or lacking in sufficient information.
Therefore, until DWR receives an updated Plan addressing all comments and edits provided in the
attached 1) comment summary and 2) PDF version of the document itself, DWR cannot finalize the
review of the Plan or issue an approval of the Plan. In an effort to be as efficient as possible at
providing comments to RestorEcology during this busy time, I have provided my comments in a
unique format. Attached are the comments & edits provided within the actual PDF of a condensed
Plan (without Appendices) as well as a comment summary.
When RestorEcology is ready to submit their final project Plan, please include a summary of all
responses by RestorEcology to the DWR comments acknowledging how RestorEcology addressed
the comments. Please upload the final Plan using our Mitigation Project Information Upload Form
through this link: https://edocs.deg.nc.gov/Forms/Mitigation_ Information_ Upload . Please note the
DWR ID# 2016-0393 (version 4) on all electronic submissions for this project.
Thank you for your patience during this time and if you have any difficulty reading though the
comments or edits please let Blake or I know.

Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
Office: 919-707-3637
Work Cell: 919-500-0683
Website: https://deg.nc.gov/about/divisions/water-resources/water-quality permitting/401-buffer-
permittin8-branch
NEW EMAIL!! katie.merrittna deq.nc.8ov
512 N. Salisbury Street, Raleigh, NC 27620
1617 Mail Service Center, Raleigh, NC 27699-1617
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.

Summary of Comments on 20160393 Ver 3_BPDP - Bandit
Farms - FOR SUBMITTAL 060523 20230605
Page: 1
Number: 1 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:56:06 PM
8-digit HUC is irrelevant. replace with the 14 digit HUC
Number: 2 Author: bhartshorn Subject: Sticky Note Date: 8/14/2023 4:14:31 PM
Please add the DWR# on title page

UNumber: 1 Author: kymerritt Subject: Cross -Out Date: 8/28/2023 2:56:23 PM
Number: 2
Author: kymerritt Subject: Inserted Text Date: 8/28/2023 2:56:46 PM
Mitigation
Number: 3
4
Author: bhartshorn Subject: Cross -Out Date: 8/14/2023 4:13:53 PM
0T Number:4
Author: bhartshorn Subject: Inserted Text Date: 8/17/2023 12:02:14 PM
proposed
ITO Number: 5
Author: bhartshorn Subject: Inserted Text Date: 8/17/2023 12:02:37 PM
intending to be made
Number: 6
Author: bhartshorn Subject: Cross -Out Date: 8/17/2023 12:07:01 PM
This rule is not
applicable..0273 is for permitees with stormwater.
ITO Number: 7
Author: bhartshorn Subject: Inserted Text Date: 8/17/2023 12:01:06 PM
proposed
I�Number: 8
Author: bhartshorn Subject: Inserted Text Date: 8/17/2023 12:08:21 PM
Bank Parcel (DWR#2016-0393v1)
Number: 9
Author: bhartshorn Subject: Cross -Out Date: 8/17/2023 12:09:06 PM
Number: 10 Author: bhartshorn Subject: Cross -Out Date: 8/17/2023 12:09:11 PM
Number: 11 Author: bhartshorn Subject: Inserted Text Date: 8/17/2023 12:08:46 PM
nutrient offset credits
ITQ
Number: 12 Author: bhartshorn Subject: Inserted Text Date: 8/17/2023 12:08:58 PM
nutrient offset credits
Number: 13 Author: bhartshorn Subject: Inserted Text Date: 8/17/2023 12:09:43 PM
Sub -watershed

Page: 5
Number: 1 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 4:37:32 PM
there is no "existing conditions" labeled figure.
Number: 2 Author: bhartshorn Subject: Sticky Note Date: 8/17/2023 12:16:12 PM
Please indicate if there have been any land use changes within the riparian areas proposed in Fig2 and shown in Appendix A. If there have
not been any land use changes please indicate that in this section.

Number: 1 Author: bhartshorn Subject: Sticky Note Date: 8/17/2023 12:39:45 PM
Please provide the source for where you got this information (does not need to be in the reportjust in the comment response).
Number: 2 Author: bhartshorn Subject: Sticky Note Date: 8/17/2023 12:40:54 PM
Please do not include anything about credit potential in the Parcel Summary. We have the project credit table for that.
Number: 3 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:58:13 PM
when referring to nutrient offset, the term "mitigation" is irrelevant. we do not refer to nutrient offsets as "mitigation"
�Number:4 Author: kymerritt Subject: Cross -Out Date: 8/28/2023 2:57:42 PM

Page: 7
Number: 1 Author: bhartshorn Subject: Sticky Note Date: 8/28/2023 4:36:23 PM
Please provide the drainage area that is relative to what is needed for .0295(o) (7) along the Ephemeral channel of C1 and verify in writing
that the riparian restoration of C1 meets the reclirements in (o)(7).

Page: 10
;Number: 1 Author: bhartshorn Subject: Sticky Note Date: 8/17/2023 1:14:46 PM
This site should be considered for fescue treatment during the site preparation stage. Lands historically used as managed cattle pasture
and grazing are also usually compacted and would make planting of bare roots susceptible to poor soil conditions. Why is the Bank
Sponsor not proposing to amend soils, provide fescue treatments, or rip as part of this site preparation phase?
Number: 2 Author: bhartshorn Subject: Sticky Note Date: 8/17/2023 1:10:02 PM
DWR does not allow Black Walnut to be planted due to the allelopathic properties.

Page: 11
;Number: 1 Author: bhartshorn Subject: Sticky Note Date: 8/17/2023 1:19:54 PM
It says you want to use trees and shrubs towards your performance standard however Table 8 does not indicate tree vs. shrub. Please add
a column with this information clearly identifying what is shrub and tree.
Number: 2 Author: bhartshorn Subject: Sticky Note Date: 8/17/2023 1:16:32 PM
If 15 species (I excluded black walnut) of trees are shown in the table, DWR expects 15 species to be planted. If anticipating to plant only 7
from the list, DWR cannot confirm the density percentages column would comply with the performance standard of "no one tree species
will be greater than 50W as noted on Rule .0295 (n)(2). At this time the density according to Table 8 is not accurate unless all 15 species
are planted.
It is understood that changes to planting plans can happen. If any changes are needed to the planting list before planting, the Provider
will need to submit a request to DWR for approval of the modified planting list if not listed as an approved tree in Table 8. DWR will
accept a few substitutions if RestorEcology wants to include a table as potential substitutions in a Table 8b but you must include the %
those subs are intended to be utilized in the case you need those substitutions.
Number: 3 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:50:27 PM
change all terminology from "buffer" to "riparian"
�Number:4 Author: bhartshorn Subject: Cross -Out Date: 8/17/2023 1:21:26 PM
buffer and adjacent riparian area
Number: 5 Author: bhartshorn Subject: Cross -Out Date: 8/17/2023 1:22:44 PM
riparian buffer credit and nutrient offset credit area
Number: 6 Author: bhartshorn Subject: Cross -Out Date: 8/17/2023 1:22:47 PM
Number: 7 Author: bhartshorn Subject: Sticky Note Date: 8/17/2023 1:24:01 PM
please add vigor into the evaluation
4.1 Number: 8 Author: bhartshorn Subject: Inserted Text Date: 8/17/2023 1:25:12 PM
and data included in the annual monitoring report.

Page: 12
Number: 1 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:51:15 PM
there is no Jordan protected buffer here. remove last sentence.

Page: 13
Number: 1 Author: kymerritt Subject: Cross -Out Date: 8/28/2023 2:51:40 PM
ji Number: 2 Author: kymerritt Subject: Cross -Out Date: 8/28/2023 2:51:46 PM
Number: 3 Author: bhartshorn Subject: Sticky Note Date: 8/14/2023 4:24:01 PM
Please add the credit table attachment in Section 7.0 instead of a separate appendix
4)Number:4 Author: bhartshorn Subject: Sticky Note Date: 8/17/2023 12:37:30 PM
Generated Credits are no longer needed therefore they do not need to be referenced in the BPDP's.
Number: 5 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:53:15 PM
how did you confirm this HUC? what link did you use?

Appendix G. Bandit Farms, 2016-0393, Project Credits
IN credit conversion Ratio (W/PoUld
NEW —
Totals (ft2):
Total Nutrient Offset
®®
�®
Total Ephemeral Area (ft,} for Credit:
Total Eligihle Ephemeral Area (ft'),
Enter Preservation Credits Below Total Eli idle for Preservation ft'
Credit Type
Loration
Suhje R?
Feature Type
Mitigation Acts"
Min-Mda Buffer
Wrdth Iftl
Feature Nime
Rural
Yes
II,
0100
A
Rural
Yes
I/P
0-100
E?
Rural
Yes
IIP
0 100
C2
Rural
Yes
1/1
0100
Morgan Creek
Preservation
Area Subtotals (ft'(,
TOTAL AREA OF BUFFER MITIGATION (TABM)
MI Her, Totals
Squara Feat
Credits
Restoration:
iao,277
498,732,565
E nhanrement:
C
0.000
preservation:
163.524
16.352.400
Total Riparian Buffer:
712.30:
515,0S4,965
TOTAL NUTRIENT OFFSET
MITIGATION
Ming. ti—Totals
Square Feet
Credits
Nutrient OHseF:
Nitrogen:
Phosphorus,
°059
IB0 a53
S.6Ei
1. The Randleman Lake buffer rules allow iomeditchei t6 be classified 2i iubjett according io 15A NCAC U28 .0250 (5��2(.
last updated 08/03
S],5;9
85,737
1R3,fi90
22.1%
Total Area lsf(
Total l[retlhablel
Area for Buder
Mitigatiun(ft'(
40,200
40,200
54,677
53,242
34,328
32,662
37,420
3],920
166,626
163, 529
Ephemeral Reaches as %TABM
Preservation as%TABM
Initial Credit
Final Credit
Riparian
R2tio(a:1j
%FuBCredIt
Ratio(8:11
Butler CRdits
10
100%
I0A0000
4,020.000
10
100'%
1000000
5,324. Z00
10
100%
10.00000
3,266.200
10
100%
10.00000
3,742.000

Page: 15
*Number: 1 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:41:18 PM
for simplicity, since all these streams are subject, you could consolidate all the streams (A, Morgan, C2, B1, B2) into one row for each width
category. remember, the survey has to match this table and your corresponding figure. The more complicated the table, the more complicated
the survey has to be.
;,Number: 2 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:37:52 PM
the grey area on Figure 7 has to be quantified here in a transparent way. this area will also have to be shown on the asbuilt survey. choose
"Buffer" for credit type, for Feature Name, label it "Non-credit Area <30' ". Do not put a ft2 amount in the "Total (Creditable) area column and
check "No" for RBC and NOC.
— Number: 3 Author: bhartshorn Subject: Sticky Note Date: 8/11/2023 12:13:07 PM
can these rows be consolidated like on the other BPDP?
*Number:4 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:55:44 PM
make sure you are using the most recent table updated in July 2023, which is found only online here:
https://deq.nc.gov/water-qual ity/su rface-water-protection/401 /mitigation/project-credit-table-tem plate-updated-novem ber-2022

Page: 19
Number: 1 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 4:41:05 PM
i like this. can you add this to other figures?
Number: 2 Author: kymerritt Subject: Inserted Text Date: 8/28/2023 4:41:14 PM
Bank Parcel Conservation

Page: 20
FTI Number: 1 Author: kymerritt Subject: Inserted Text Date: 8/28/2023 2:21:50 PM
for Riparian Buffer Credits & Nutrient Offset Credits
Number: 2 Author: kymerritt Subject: Inserted Text Date: 8/28/2023 2:22:31 PM
Jordan Lake
Number: 3 Author: kymerritt Subject: Inserted Text Date: 8/28/2023 2:22:17 PM
qbNumber:4 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:21:07 PM
there is no reason to list the Lower New Hope service area because this bank site cannot provide credits to that service area. Remove that
boundary.
Number: 5 Author: kymerritt Subject: Cross -Out Date: 8/28/2023 2:20:55 PM

Sltrearn 9l
1a 2
or ✓" T Stream 82
Ephemeral Cl
y
Crossing
sr - „c1
IF
Stream C2 �- r
� y
.1
o rgan�Cieek -
Legend
Top of &3nk C,ed,'t, o ar Parcel: Bandit Farms
neEl
°morgm �(0-1w) N'�`°� Figure 7: Credit Areas
OdM�t terms basement � Bolter AesmraeorQ � No rGe7i
a
®RESTORECOLOGY A
0 10D 200 400
® Feet

Page: 24
QNumber: 1 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:28:52 PM
it may be more appropriate for the nutrient offset credits to be generated off C1 instead, leaving this area as Buffer. It's okay as proposed, just
may want to reconsider.
Number: 2 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:31:02 PM
It is hard to tell where this easement line is. please add a callout here and a zoomed in picture of this easement line. I need to confirm that the
easement line includes the other site of the Ephemeral channel, not the center -line. I also need to see if this is the Greyed out area called out in
the legend as "no credit".
QNumber: 3 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:26:15 PM
change to "Riparian Restoration for RBC"
QNumber:4 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:29:30 PM
change to "Riparian Preservation for RBC
Number: 5 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:26:27 PM
change to "Riparian Restoration for NOC"
QNumber: 6 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 4:40:01 PM
change this to read "Proposed Conservation Easement Boundary". Make this change on all figures.
QNumber: 7 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:25:53 PM
Change to Riparian Restoration for RBC
QNumber: 8 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:29:27 PM
where is this area? why is it "no credit"?

Page: 25
QNumber: 1 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:44:42 PM
show the C2 origin point on all Figures
Number: 2 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:43:07 PM
see comments on Figure 7 and change
Number: 3 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 4:39:53 PM
the esaement boundary is black and the 100' is dark blue. Change the easement boundary color so that it doesn't get confused with the 100'
boundary. Make this change on all figures.
�Number:4 Author: kymerritt Subject: Inserted Text Date: 8/28/2023 2:33:46 PM
Riparian
Number: 5 Author: kymerritt Subject: Inserted Text Date: 8/28/2023 2:32:20 PM
Riparian
Number: 6 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:33:30 PM
we don't use the term Buffer loosely. it should only be used when describing the Zone 1 and Zone 2 of the Jordan lake protected riparian buffer,
which doens't apply to this site. All areas adjacent to the streams on this site should be referred to as "riparian areas" and not "buffer" areas. Be
sure to correct this throughout your BPDP.

Stream 91
LI
Stream 82
+ `k '` .•Y f 8 Al' Bp e era! C1. LI
f �fc X ❑
Al
CrassinK
LI
-yam" � ❑ � �. - -
Iz.
r ❑YON
1 ¢ 3qF ;Wl�f
aLegend
■ WruboiingPI= Credit Areas BufferReS—dw Parcel: Bandit Farms R
TQP of u.w Buffer Pruuvanon o ttB1-x•, ® R ESTO R ECOLOGY
A
—7 a Ito -too, D�-10[r)ReSt-tion Figure 9: Monitoring Components
Q BBrdit r "s Fase rt Buffer Aevoranon — No Cretlit
as-nao) o too- zoo aoa
® Feei

Page: 26
*Number: 1 Author: kymerritt Subject: Sticky Note Date: 8/28/2023 2:43:21 PM
see comments on Figure 7 and change