20070747 Ver 1_Mitigation Plan Review_20090304

A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 4, 2009
Mr. Scott Frederick
Greenvest/Flat Swamp, LLC
1001 Capability Drive, Suite 312
Raleigh, NC 27606
Re: Flat Swamp Mitigation Bank
Neuse Buffer and Nutrient Offset Mitigation Plan
Bank Parcel Development Package
Craven County
DWQ #07-0747
Dear. Mr. Frederick:
Dee Freeman
Secretary
The Division of Water Quality (DWQ) 401 Oversight and Express Review Permitting Unit has reviewed the above-
referenced document, received by this Office on February 24, 2009. Our comments regarding the document are as
follows:
Figure 4: Figure 4 shows areas in blue as being stream features subject to the Neuse Buffer Rules. However, the
southern feature on the property is shown with three reaches being subject to the Buffer Rules; a diagonal section,
a section along the west property boundary, and a section extending from the west property boundary to the east
side of the site and continuing off-site as the existing Flat Swamp Creek.
This configuration does not coincide with the January 22, 2009 stream determination letter from DWQ. Please
note that on the signed map attached to the letter, the southern diagonal reach and the reach along the western
property boundary are labeled "Exempt" (Not Subject), while the remaining features (in the configuration of a
backward "E") are labeled as "Subject".
Please revise Figure 4, and check the calculations of both buffer credit and nutrient offset credit to ensure they
accurately reflect the amount of subject stream on the site.
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location, 2321 Crabtree Blvd„ Suite 250, Raleigh, North Carolina 27604-2260 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: http:/lh2o.enr.state.nc.uslncwetlands Naturallff
An Equal Opportunity 1 Affirmative Action Employer
Mr. Frederick
Flat Swamp Mitigation Bank
Page 2 of 2
3/4/2009
• Mitigation Banking Instrument, Section V. Operation of Bank (Page 4): Section A indicates that pounds of
nitrogen offset generated per acre is 2,273.2 pounds. The correct figure 2,273.02 pounds.
• Credit Accounting Ledger: The credit accounting ledger should reflect the amount of credit available for sale,
rather than the total maximum amount of credit that the site has the potential to generate.
Also, you need to include a column that provides a description of the credit transactions, including a site name
and DWQ number (if applicable) and transaction date. Credit releases should also be recorded to reflect the
number of credits and the date of the release.
Please note that DWQ should be copied on all correspondence related to credit transactions. An electronic copy
of the letter documenting each transaction/receipt will be adequate.
Please provide a response to these comments within 30 days of your receipt of this letter. Once these comments have
been addressed and the revisions to the documents are made, the proposed project will be put out on public notice and
comment. Final review and comments will commence once any public comments are received. A final version of the
document will be forwarded to the Director's office for review and signature.
Please feel free to contact Eric Kulz at [phone] if you have any questions regarding this project or our comments.
Sincerely,
Cyndi . Karoly, Program Manager
401 Oversight and Express Review Program
cc: File Copy (Eric Kulz)
Kyle Barnes - DWQ Washington Regional Office
Matt Matthews - DWQ Wetlands and Stormwater Branch
David Lekson - USACE Washington Regulatory Field Office
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Suite 250, Raleigh, North Carolina 27604-2260
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: http://h2o,enr,state.nc.us/ncwetlands
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally