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HomeMy WebLinkAbout20201940 Ver 2_MY1 Comment, response, approval_20231115Re: [External] RE: Monitoring Report Year 1 Review - Rosewood Friedman -Herring, Andrew <andrew.friedman herring @deq.nc.gov> Wed 11/15/2023 4:34 PM To:Kaitlyn Hogarth <khogarth@wildlandseng.com> Cc:Merritt, Katie <katie.merritt@deq.nc.gov> Hi Kaitlyn, Thank you for your responses to DWR's comments. The year 1 monitoring report for Rosewood is approved. Please provide confirmation of bond renewal through next year's monitoring period. DWR authorizes a 20% reduction in the current bond amount. Once DWR receives your bond renewal, we can proceed issuing the credit release for this task. Seeing as the easement encroachment issue is still unresolved and supplemental planting has not happened yet, anticipate a partial credit release until a memo addressing the resolution of comments #2 and #4 is received by DWR. Please include in that report photos of newly planted stems and the encroached upon area clear of the neighbors items and with polytape installed. Best, Andrew Friedman -Herring Environmental Specialist II Division of Water Resources - 401 & Buffer Permitting North Carolina Department of Environmental Quality (919)-707-3644 and rew.friedman herring.@ eq.nc.gov From: Kaitlyn Hogarth <khogarth@wildlandseng.com> Sent: Monday, November 13, 2023 8:37 AM To: Friedman -Herring, Andrew <andrew.friedmanherring@deq.nc.gov> Cc: Merritt, Katie <katie.merritt@deq.nc.gov> Subject: [External] RE: Monitoring Report Year 1 Review - Rosewood CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Hey Andrew, Your comments are in bold below with Wildlands' responses in italics. 1. It is recommended that Easement Boundary Check be included as a standalone section before or after "Parcel Adaptive Management". Include this with all monitoring reports moving forward. Wildlands will include information on Easement Boundary Checks as a standalone section in future monitoring reports. 2. Was there a reason the encroaching landowner was not contacted between 2/23/2023 and 8/30/2023? Why was the information about this encroachment not brought to DWR's attention during the Site Walk Request Memo on 3/10/2023, the as -built site walk on 4/3/2023, or the as -built report on 7/18/2023? Information related to the encroachment was not brought to DWR's attention sooner because Wildlands was in the process of gathering information and ascertaining the best course of action. After learning that the landowner is not the responsible party, Wildlands had to discern which neighbor was responsible for the encroachment. Multiple attempts at in -person contact with the neighbors were then initiated. Wildlands was unable to reach the responsible party in -person, therefore, a letter was prepared. In the follow-up letter, Wildlands gave the neighbors a deadline of November 15th to remove any materials and cease prohibited use of the easement and stated that if the neighbors are still out of compliance, Wildlands will remove encroaching materials and install polytape along the boundary where the incident is occurring. a. To help enforce the easement boundary, DWR is requesting that you install additional conservation easement placards and posts in between existing ones along the property boundary with the encroaching neighbor. Due to the encroachment occurring within an area surrounded by multiple easement corners, current conservation easements placards and posts are placed closely together, therefore, Wildlands believes polytape alone to be an adequate addition. Continue to update DWR with the status of the encroachment and landowner engagement as you gain more information. The encroachment will continue to be monitored and reported on in the MY2 report. 3. Plots 13 and 28 both show 10-20 red maple and sweet gum volunteers respectively. If these numbers continue to increase and outcompete the planted stems, adaptive management will be required. If planted stems are at risk of being outcompeted in the future, Wildlands will take corrective actions. 4. Once supplemental planting has been fully implemented, provide DWR with Tmestamped photos of flagged stems representing the planted areas, supporting figures showing the areas that were planted, and a summary of the work completed. Timestamped photographs of flagged, planted stems and a supporting figure showing the areas that were planted are attached. Bare root stems consisting of species approved in the Bank Parcel Development Package were planted along UT2, UT3, D5, and D6 where rows of trees were missing near the top of bank. Let me know if you have any further questions or need anything else! Thank you, Kaitlyn Hogarth I Environmental Scientist 0: 919.851.9986 X 122 M: 540.907.9432 Wildlands Engineering, Inc. 312 W. Millbrook Rd, Suite 225 Raleigh NC, 27609 From: Friedman -Herring, Andrew <andrew.friedmanherring@deq.nc.gov> Sent: Tuesday, October 31, 2023 1:36 PM To: Kaitlyn Hogarth <khogarth@wild landseng.com> Cc: Merritt, Katie <katie.merritt@deq.nc.gov> Subject: Monitoring Report Year 1 Review - Rosewood Hi Kaitlyn, DWR has reviewed the Year 1 Monitoring Report for Rosewood Mitigation Bank Parcel and have the following comments: 1. It is recommended that Easement Boundary Check be included as a standalone section before or after "Parcel Adaptive Management". Include this with all monitoring reports moving forward. 2. Was there a reason the encroaching landowner was not contacted between 2/23/2023 and 8/30/2023? Why was the information about this encroachment not brought to DWR's attention during the Site Walk Request Memo on 3/10/2023, the as -built site walk on 4/3/2023, or the as - built report on 7/18/2023? a. To help enforce the easement boundary, DWR is requesting that you install additional conservation easement placards and posts in between existing ones along the property boundary with the encroaching neighbor. b. Continue to update DWR with the status of the encroachment and landowner engagement as you gain more information. 4. Plots 13 and 28 both show 10-20 red maple and sweet gum volunteers respectively. If these numbers continue to increase and outcompete the planted stems, adaptive management will be required. 5.Once supplemental planting has been fully implemented, provide DWR with timestamped photos of flagged stems representing the planted areas, supporting figures showing the areas that were planted, and a summary of the work completed. Thank you for your attention to these comments. Please provide an adequate response to all items above along with supporting documents if required. Once DWR receives a response to the comments above, issuance of monitoring report approval and credit release can be determined. Best, Andrew Friedman -Herring Environmental Specialist II Division of Water Resources - 401 & Buffer Permitting North Carolina Department of Environmental Quality (919)-707-3644 andrew.friedmanherring@Leq.nc.gov 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. i f Project Location p ,•---, Bank Parcel Conservation -- Easement 13 Project Stream Project Ditch 0 - Non -Project Ditch ® z � Q Riparian Restoration for Buffer Credits (21'-30') Riparian Restoration for Buffer © Credits (0'-100') ♦. ® Riparian Restoration for Nutrient O Offset Credits (0'-100') s O Riparian Restoration for Nutrient Offset Credits (101'-200') Not for Credit - Diffuse Flow ® Deduction (10,805 sqft) ♦ Not for Credit (112,677 sqft) ♦♦ Vegetation Plot ` u ♦ ,�, � ► Conservation Easement 0 . Encroachment (0.1 acres) Existing Utility Easement ` ® Existing Utility Line i © Supplemental Planting - Fall 2023 ©6 24 F ► 29 1 1 1� 1 ► �4�y 1®. 1711 hL W��_,WILDLANDS 0 175 350 Feet E N G I N E E R I N G I I I I I Supplemental Planting Map Rosewood Mitigation Bank Parcel Neuse River Basin (03020201) Wayne County, NC SUPPLEMENTAL PLANTING PHOTOGRAPHS a UT2 (111212023) UT3 (111212023) D5 (111212023) 1 D5 (111212023) 1 D6 (111212023) D6 (111212023) Rosewood Mitigation Bank Parcel Supplemental Planting Photographs