20150636 Ver 1_RE BPDP Phased_20160504

Strickland, Bev
From:Merritt, Katie
Sent:Wednesday, May 04, 2016 11:43 AM
To:'mherrmann'
Subject:RE: BPDP Phased
Mike,
If you are planting the two phases at the same time, and each phase will be on the same monitoring schedule for year 1,
2, 3, 4, and 5 then you need to provide that information to the BPDP where the vegetation plan and monitoring plan are
described. Then, after you provide clarity that these two phases will be constructed at the same tim & will be on the
same monitoring schedule for all 5 years, then you can adjust the financial assurance section to read just one bond for
construction and one bond for monitoring…..AS LONG AS…the bonds say they are covering costs for both “Phase 1 and
Phase II” on it.

Keep in mind, that your credit releases are still going to be separate for each phase. Therefore, your annual reports will
still have to be provided as 2 separate reports each year. If having to do 2 reports now annually, instead of 1 report, and
2 asbuilt reports instead of 1, then you will need to provide any extra costs to the BPDP associated with having to do
double. Right now, your costs are only associated with a non-phased project. If you want one bond, you are going to
have to adjust your costs to account for a phased project.

I did not say anything in the BPDP about stating Two asbuilt reports, and that was a mistake. Please make sure you add
that an asbuilt report will be provided for each phase, since the MBI doesn’t not say that.

Does all of this make sense? If not, I’ll be available tomorrow afternoon. I’m in meetings all day today and tomorrow
morning.

Thank you,
Katie

From: mherrmann \[mailto:[e-mail]\]
Sent: Wednesday, May 04, 2016 6:48 AM
To: Merritt, Katie <[e-mail]>
Subject: RE: BPDP Phased

Hi Katie -

I intend to move forward with a phased project to allow for Mr. McGee to settle some things he’s doing with his
property and to allow me to get a credit release with the Tract 1/Phase 1 completed tasks.

In making the revisions to the financial assurance section of the document (Section 5), I have a question related to bond
requirements. Would one bond would be sufficient to cover monitoring activities of both Phase 1 and Phase 2 (i.e.tasks
3-9) if the planting for both phases occurs in the winter of 2017? It seems like if they both have the same planting date
and are in the same year of monitoring, that one would suffice as long as that performance bond amount covers the
cost of the work. I ask because the first sentence of the financial assurance section reads:

“
The Sponsor shall provide two financial assurances, one for Phase 1 and one for Phase 2, in the form of
Performance Bonds sufficient to assure completion of all mitigation work, required reporting and monitoring, and any
remedial work required.”
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With Phase 2, I would likely forego the construction bond and complete Tasks 1 and 2 without seeking a credit release. At
that point, both projects would likely be on the same schedule and it would be preferable to me and seemingly more efficient
if I didn’t need separate bonds to cover the monitoring as long as one provided the assurance that’s needed. Can I adjust the
above sentence to read:

“The Sponsor shall provide financial assurance acceptable to the Division in the form of Performance Bonds
sufficient to assure completion of all mitigation work, required reporting and monitoring, and any remedial work
required.”

Thanks,
Mike

From: Merritt, Katie \[mailto:[e-mail]\]
Sent: Thursday, April 14, 2016 12:03 PM
To: mherrmann
Subject: BPDP Phased

Hey Mike,
I have finalized my review of the Neville Farms Revised BPDP, received on April 1, 2016. You submitted a revised BPDP
for the Neville Farm Mitigation Bank showing the project in two separate phases. I have the following edits to the
document you sent on April 1.


Section 1 .0 Introduction – Please add a paragraph before the introduction, that gives the historical process of

the Neville Farm BPDP that has been approved. Primarily noting when the first BPDP draft was submitted to
DWR (August 18, 2015), when it was placed on public notice (September 17 2015), and when you received the
approval letter (January 29, 2016). And then, acknowledging that this BPDP is being submitted as a Revised
BPDP to the one approved on January 29, 2016 only to allow for phasing of the project.

Section 3.2 –

Your suggested planting density doesn’t match up with the number of planted stems you say you are
o

going to plant. You show 436 stems/acre. However, if your site is only 6.3 acres and you plan to buy
2,500 stems, this comes to a planting density of 396 stems/acre, right?
You told me you were going to change to planting schedule from what is provided here. Therefore,
o

please make that known in this section.

Section 3.3 – Correct the first and second sentences to read as follows: A narrow fringe of mature trees exists

throughout the Site along portions within the Neville Creek riparian buffer. The riparian buffer, as defined in 15A
NCAC .0267, extends a maximum…

Section 3.4 – states that “Larger Shrubs” may be treated and sprayed. Do you mean shrubs that are

invasive? Otherwise, we do not want native shrubs to be treated and sprayed.

Section 5.0 – BB&T wanted to recommend some language in this section, please coordinate with them and send

me their recommendation for review and approval

Table 5.2 and 5.4 – Why is there a 100 stem difference between this BPDP and the one we approved?


Figure 6-A – Add the text “PHASE I” onto the map itself and in the Title of the figure.


Figure 6-B - Add the text “PHASE II” onto the map itself and in the Title of the figure.

Please edit the document as requested above and resubmit the BPDP via .pdf to expedite the process. No hard copy is
needed.

Thank you,
Katie

Katie Merritt
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Nutrient Offset & Buffer Banking Coordinator
401 & Buffer Permitting Unit

North Carolina Department of Environmental Quality

Work: 919-807-6371
http://portal.ncdenr.org/web/wq/401bufferpermitting
Website:

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.

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