20221493 Ver 1_Mitigation Plan Review_20240109

From:
Merritt, Katie
To:
Menefee -Dunn. Barbara A
Subject:
FW: EMH Farm DWR AsBuilt Report Review
Date:
Tuesday, January 9, 2024 9:30:04 AM
Attachments:
EMH Farm AsBuilt Comment Summarv.odf
Please file the attached PDF and the email below into LF as one PDF (combine them please).
Use the subject of the email as the FILE NAME and the project number 2014-0820v6
From: Merritt, Katie
Sent: Tuesday, January 9, 2024 9:24 AM
To: Kevin Yates<[e-mail]>
Subject: EMH Farm DWR AsBuilt Report Review
Good morning Kevin,
DWR has reviewed the As -Built Report submitted by Clearwater Mitigation Solutions for the EMH
Farm Mitigation Bank (DWR#2022-1493v1), which was received in August, 2023. Comments on the
Report are attached to this email.
Please provide a detailed and formal response to all items, including all necessary supporting
documentation, and submit to DWR via the electronic submittal form. It would be best to send me
an email when you have uploaded your responses so that I am aware the action is pending my
review. Thank you for your patience and understanding and please reach out if you have any
questions.
Thank you,
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: httDS://deo.nc.aov/about/divisions/water-resources/water-ouality-Dermitting/401-buffer-
ermitting-branch
NEW EMAIL!! katie.merrittna deq.nc.g_ov
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 EMH
As6uiltReport_DWRcomment.pdf
Page: 1
QNumber: 1 Author: kymerritt Subject: Sticky Note Date: 1/9/2024 8:59:16 AM
General Comments:
1. Plots 1,2,10 (3 of 19) have at least 1 species that is representing more than 50% of the planted stems in the plot. This could suggest that these
areas were not planted as diverse as the rest of the project area. However, since the Provider planted 11 species instead ofjust the required 4
species, DWR is not concerned that the project will fail the diversity performance standard of having at least 4 species represented across the site.
Considering that only 3 of the 19 are failing the diversity standard, DWR will not requiring any supplemental planting. It is important to note, that
mixing stems before planting is a good measure to ensure better diversity site wide.
2. DWR noticed an abundance of sycamores planted adjacent to Plot 1 and has requested that any existing or future supplemental planting efforts
along that side of the project not include Sycamore in the planting plan.
3. No Height data was included in the AsBuilt Report, and is necessary to be included. Average heights/plot are acceptable for an asbuilt report.
in response to this comment, provide DWR with a table showing the average heights of planted stems in the plots.
4. The Survey is not signed by the surveyor. Therefore the survey does not meet the requirements in your MBI. Provide DWR with a signed survey.
Number: 2 Author: blake.hartshorn Date: 8/18/2023 9:01:05 AM-04'00'

Page: 10
gbNumber: 1 Author: kymerritt Subject: Sticky Note Date: 1/9/2024 9:01:38 AM
no proposed planting plan was included in the Appendix. Submit a table showing your planting plan. Exclude sycamores from the list. Also,
Willow Oak seem to be overly prevalent near and around Plot 2 based on the Plot data included in the report. It is suggested that Willow Oak not
be planted on the side near Plot 2 to expand diversity potential on that side of the project area.

Page: 16
Number: 1 Author: kymerritt Subject: Sticky Note Date: 1/9/2024 9:03:49 AM
when determining whether a Plot meets performance criteria, the Plan and the MBI indicate there are 2 criteria that plots must meet. 1) Diversity -
"no one stem represents more than 50% of the stems in the plot' and 2) Density - 260 stems/acre. There are 3 plots not meeting the Diversity
performance standard: 1, 2 and 10. make sure to represnet this accurately in the monitoring reports.

Page: 17
i Number: 1 Author: blake.hartshorn Date: 8/18/2023 9:01:06 AM-04'00'
r�Number: 2 Author: kymerritt Subject: Sticky Note Date: 1/9/2024 9:04:29 AM
this legend stated fencing "to be" removed. Has it not been removed already?
i Number: 3 Author: blake.hartshorn Date: 8/18/2023 9:01:06 AM-04'00'
IL Number: 4 Author: blake.hartshorn Date: 8/18/2023 9:01:06 AM-04'00'
Status
kymerritt None 1/9/2024 9:12:21 AM

E�
8�
rc 'ems
m
88' UTILITY EASEMENT
'
&
6
N a.Q
FMH FARM L202
'
st
9 ry LL
_
I
Sim
e•
I
Q
_ yT
<UP
O
1IµIl
FMX FARM I.I.C.
l
013)0
Z O
..D3,732]. P%
C
O
I
]]3.102
U
VICINITY MAP (NTS)
PIN No. e
PARCEL No. 15a53]
30' UTIL EMENT
<(A
—
I
'D1
LEGEND'
STREAM ASSUILTTOS -TOB
N
Y
STREAM ASBUILT EPHEMERAL TOG-TOB
O
I
CONSERVATIONEASEMENTLINE
EMX FARM I.I.C.
® STATE ROAD D.B.]03], PG. 2922 UPw
O RIPARIAN RESTORATION (TOB-f 00 FEET)
O
PM No, M95005M
PARCEL No.15—
RIPARIAN RESTORATION(TOB-100 FEET)
I
Z
(EPHEMERAL CHANNEL)
O
O RIPARIAN RESTORATION(1o1-2U0 FEET)
RIPARIAN RESTORATION (101-200 FEET)
r,
20'ACCESS EAS
I ACC El
to
US
(EPHEMERAL CHANNEL)
,Yf]
-1
I
< d)
O RIPARIAN ENHANCEMENT (TOB-100 FEET)
UT-3 yIF'{
E-2
3080.0395gF
(f�
tz
O RIPARIAN ENHANCEMENT(101-200 FEET)
O
IIIP
I
L O
RIPARIAN ENHANCEMENT (20.29 FEET)
I
Qo
Of F CO N
O RIPARIAN PRESERVATION(TOB-100 FEET)I
s
I
w � 0 (�
I
w Q
'
Z
® RIPARIAN PRESERVATION (101-200 FEET)
CONS TION
^p
3m
Q O
RIPARIAN PRESERVATION (2429 FEET)
EASEMENT A I
2 ACRESf
%
NO CREDITAREA
a
y
07
'�
Z
Q
SURVEYORS CERTIFICATION(S)
I
a
O�
W
Surveyor's disclaimer: No attempt was made to locate any cemeteries, wetlands,
�UT
J
hazardous material sites, underground or aboveground utilities or any other features
above, or below ground other than those shown.
I certify that the survey is of another Category (as -built survey), such as the
I
II
g
ombination of existing parcels, a court -ordered survey, or
other exception to the
-1
I
w�
definition of subdivision.
I
E-1
I certify that this plat does not meet G.S. 47-30 as amended.
Hai
I, John A. Rudolph certify that this map was drawn under my direct supervision from
I
� r
n actual survey made under my supervision. That the ratio
of precision is
¢ r o
1:10,0M, that this map was prepared in accordance with the standards of practice
f O
Uo u
m
for land surveyors in North Carolina, witness my hand and seal, this 19th day of July,
2023.
w w a
`
..
; E
O
ry
m LL
SEAL OR STAMP
UP
FMX FARM.2
�w
Q
w
\ 1\111111111j'
`,�N
EMX FARM LLC.
D.B. ]03], PG 2922
0
S
CA/30 'i�
D.B.]03],PG.2922
BY: R.P.E.
` aDATB
08115123
_
SEAL
L-4194
SURVEYED BY: J.A.R.
L-4194
DWG. NO.
= Professional Land Surveyor License Number
'9 O:'r`
�y7. SURN O"�
BED6E PG. d C 50 1.
200
CMS584AB23
1^=200•
sNEEr
OF
TOTAL AREA OF RIPARIAN RESTORATION
MITIGATION TOTALS
30. FT.
ACRES
RESTORATION
q]g]53.08
1088
(TOB-100 FEET)
RESTORATION
(EPHEMERAL CHANNEL)
62]32.85
098
(TOB-100 FEET)
RESTORATION
3B8]48.]8
6.01
(101-200 FEET)
RESTORATION
(EPHEMERAL CHANNEL)
6432].44
148
(101-200 FEET)
TOTAL RIPARIAN
RESTORATION
g29562.15
21.35
TOTAL AREA OF RIPARIAN ENHANCEMENT
MITIGATION TOTALB
80. FT.
ACRES
ENHANCEMENT
(TOB-100 FEET)
18003.1]
0.61
ENHANCEMENT
(t01-200 FEET)
2960q.33
0.68
ENHANCEMENT
(20-29 FEET)
199.]3
0.005
TOTAL RIPARIAN
ENHANCEMENT
4TB9T.23
1.10
TOTAL AREA OF RIPARIAN PRESERVATION
MITIGATION TOTALS
30. FT.
ACRES
PRESERVATION
T)8]806
1 ]8
(TOB-1o0 FEET)
PRESERVATION
(101-200 FEET)
53991 29
1,31
PRESERVATION
(20-29 FEET)
831.35
0.02
TOTAL RIPARIAN
PRESERVATION
135500.68
3.11

Page: 19
QNumber: 1 Author: kymerritt Subject: Sticky Note Date: 1/9/2024 9:05:21 AM
no signature. need signature that this survey is accurate