20181096 Ver 1_SAW-2018-00712 Draft Plan IRT Comments_20191122

Strickland, Bev
From: Kichefski, Steven L CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, November 22, 2019 3:46 PM
To: Tim Morris
Cc: Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haupt, Mac; Davis, Erin B;
Bowers, Todd; Leslie, Andrea J; Wilson, Travis W.; Gledhill-earley, Renee;
[e-mail]; Jones, M Scott (Scott) CIV USARMY CESAW (USA)
Subject: [External] RE: SAW-2018-00712 KCI Yadkin 01 - Hair Sheep Mitigation Site Draft
Mitigation Plan IRT Comments
Attachments: SAW-2018-00712-KCIYadkin01-Hai rSheepDraftPlanIRTComments.pdf
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Ti m,
Attached are the KCI Yadkin 01 - Hair Sheep Mitigation Site Draft Mitigation Plan (SAW-2018-00712) IRT comments. You
may proceed with developing the final mitigation plan for the Hair Sheep Mitigation Site provided you adequately
address all comments/concerns in the enclosed memo. Please ensure that each member of the IRT is provided a copy of
the Final Mitigation Plan. In addition, please submit your Nationwide Permit 27 application after approval of the
banking instrument, for review and approval prior to discharging fill material into waters of the United States.
Feel free to contact me with questions as you preparing the final plan submittal. This electronic copy is your official
Department of the Army Notification; no paper copy will be mailed, unless specifically requested.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 to complete the survey online.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
CESAW-RG/Kichefski
MEMORANDUM FOR RECORD
November 22, 2019
SUBJECT: KCI Yadkin 01 Umbrella Mitigation Bank- Hair Sheep Draft Mitigation Plan
Review/ Surry County, NC
PURPOSE: The comments listed below were received from the NCIRT during the 30-day
comment period in accordance with Section 332.8(g) of the 2008 Mitigation Rule.
USACE AID#: SAW-2018-00712
Mac Haupt, NCDWR:
1. Section 6.4- Reach T2- DWR will require a couple of gauges be installed in the areas
where the stream channel is being constructed through the wetlands. Once the Design
Sheets are reviewed there will be a recommendation for their placement.
2. DWR likes that there are no crossings on this mitigation site.
3. Section 7.0 Performance Standards- the stream 30-day flow requirement pertains to
intermittent streams only.
4. Table I I- please be sure to add the wetland hydrologic monitoring to this Table.
5. Design Sheets- sheet 6, in the future please set up your design sheets with the plan view
on top of the profile view so we can compare the bed form changes with the stationing.
On the current design sheets, for example sheet 7, we cannot tell exactly where station
26+00 starts, and where is the midpoint or 26+50 defined on the sheet? DWR will need
to see some revised or clarified stationing in order to recommend placement of wetland
monitoring gauges.
6. Design sheet 7- DWR recommends a minimum of 10 feet of floodplain bench behind the
meander bends for Reach T2.
7. DWR would like to emphasize that in the future, this type of project may not be approved
given the total reach lengths and project fragmentation.
Andrea Leslie, NCWRC:
1. A trout moratorium is not applicable at this site.
2. We are very glad that the headwaters of T2 were captured and that the crossing was
eliminated.
Kim Browning and Steve Kichefski, USACE:
1. Section 7.0: the stream hydrologic performance of 30-days continuous flow is only
applicable to intermittent streams.

2. Section 12.4: the credit release schedule is based on the DMS schedule. This site should
use the Bank Credit Release Template.
3. A step pool and BMP (RSC) is planned on Trib 1. Please ensure that the BMP is not in
jurisdictional waters, and that since it's within the easement boundary that any necessary
maintenance is discussed in the plan, if any is required.
4. Please address how existing pasture grasses will be treated within the buffer for
vegetation establishment.
5. Please ensure that wetland monitoring gauges are installed in existing wetlands (WA,
WB, WC) where stream restoration will bisect these wetlands to ensure that functional
loss does not occur. At least one veg plot should be placed in this area. If any wetland
credit is to be sought from this project you should propose it before planibank approval
and construction.
6. Some concern about Trib 2-1 being more wetland like. I'd like to see a statement in the
performance standards regarding maintaining jurisdictional stream features.
7. Section 7.0 (page 32) — Change the language in the first paragraph to "will follow"
instead of "are based" on the 2016 District Guidance unless there are specific areas that
differ in your plan. If there are specific areas that differ please call them out.
8. The vegetation planting plan shows planting for the entire CE project area, however the
aerial shows some existing vegetation coverage. Are there any reaches or significant
areas where vegetation will be maintained and planting will not occur or be minimal?
9. Add a financial assurance section to the body of the mitigation plan with at least some
basic information even if deferring some specific or proprietary information to the
appendices.
10. It would be beneficial to have fixed photo points to assist with monitoring. Please include
the location of these points on the Monitoring Components Map.
11. Please update the following names in the Banking Instrument: Byron Hamstead, not
Hampstead, and the NMFS representative is Twyla Cheatwood, not Dr. Ken Riley
(though this is not likely applicable in Surry County). Also, please correct the typo in the
first sentence of page 1 to "33 CFR 332.8(a)(1)" instead of "33 CPR 332.8(a)(1)".
12. Please provide an acceptance letter from the proposed long term steward. Also, additional
information is needed to evaluate their qualifications and document the specifics for long
term management:
Questions for determining suitability of a LTM/CE holder:
a. How long have they been around?
b. How big is their staff?
c. How do they monitor these sites (frequency, staffing, on -site or remote)? Provide
a site inspection SOP or report template if available.
d. Do they contact neighboring land owners?
e. How do they handle violations?
f. Provide more information regarding the Conservation Defense Fund coverage for
this project. Would it cover all legal fees for all site encroachments or are separate
funds set aside for legal defense if necessary?
g. Do they hold the easement themselves, or are they just the land steward? If so,
how many easements and the total acreage?
h. Do they currently hold mitigation bank easements in other districts? If so, please
provide the name of the district and a contact person.

i. Are any employees of the company affiliated with mitigation banks or their
sponsors?
For endowments:
j. Do they manage the endowments, or are they funded through a financial
mechanism for these sites?
k. How will the endowments be funded (up front in a lump sum or throughout the
monitoring period)?
1. If they do manage the endowment, how is the endowment managed (type of
account, cap rate, etc.)?
in. Is the endowment put into a combined fund or kept separate for each site?
n. Are the funds used for anything other than stewardship of the site?
o. What is the name and location of the financial institution that holds their
accounts?
KICHEFSKI.STEVE Digitally signed by
KI CHEFSKI.STEVEN.L.1386908539
N.L.1386908539 Date: 2019.11.22 15:43:59 -05'00'
Steve Kichefski
Regulatory Project Manager
Wilmington District, Asheville Field Office