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Home My WebLink About20140044 Ver 1_Notice of Intent to Disapprove_20200623Strickland, Bev From: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil> Sent: Tuesday, June 23, 2020 10:19 AM To: Crocker, Lindsay Cc: Wilson, Travis W.; Tugwell, Todd J CIV USARMY CESAW (US); Davis, Erin B; Haywood, Casey M CIV USARMY CESAW (USA); Bowers, Todd; Merritt, Katie; Barnes, Kyle W CIV USARMY CESAW (US); Lekson, David M CIV USARMY CESAW (US); Dunn, Maria T.; Crumbley, Tyler A CIV USARMY CESAW (USA); McLendon, C S CIV USARMY CESAW (USA); Baumgartner, Tim; Allen, Melonie; Ed Temple Subject: [External] Notice of Intent to Disapprove/ NCDMS Hofler Site AMP/ Gates Co./ SAW-2012-01393 Attachments: AMP Comment Memo-Hofler Site_SAW-2012-01393.pdf, Hofler AMP 052820.pdf Follow Up Flag: Follow up Flag Status: Flagged External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.&ov Good morning, The 15-day comment review period for the NCDMS Hofler Mitigation Site Adaptive Management Plan (SAW-2012- 01393) closed on June 17, 2020. Per Section 332.8(o)(9) of the 2008 Mitigation Rule, this review followed the streamlined review process. All comments received during the review process are attached for your records. We have determined that the Adaptive Management Plan, as proposed, has limited potential to address IRT concerns with meeting performance standards approved in the final mitigation plan. We are requesting a resubmittal of the AMP. Please note that If modifications are not conducted that successfully address the problems on site, a reduction in credits may result. Accordingly, it is our intent to disapprove the Hofler Adaptive Management Plan, as presented. Respectfully, Kim Browning Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers 3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60 BUILDING STRONG DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: CESAW-RG/Browning MEMORANDUM FOR RECORD June 23, 2020 SUBJECT: NCDMS Hofler Mitigation Site - NCIRT Comments during 15-day Adaptive Management Plan Review PURPOSE: The comments listed below were received during 15-day comment period in accordance with Section 332.8(o)(9) of the 2008 Mitigation Rule in response to the Notice of NCDMS Adaptive Management Plan Review. NCDMS Project Name: Hofler Mitigation Site, Gates County, NC USACE AID#: SAW-2012-01393 NCDMS #: 95355 15-Day Comment Deadline: June 17, 2020 DWR Comments. Erin Davis: Based on IRT site visits and annual monitoring report reviews, tree density and vigor have been reoccurring issues for this site. Given that the first project goal in the mitigation plan is to "enhance water quality by providing shading from forest cover", DWR does not support releasing the site from the vigor performance standard. The mitigation plan also states that groundwater gauge data would be collected for seven years; and while the site has met wetland hydrology criteria to date, the data also shows prolonged inundation which correlates with the vegetation issues. Therefore, DWR does not support releasing the site early from hydrology monitoring requirements. When adaptive management was recommended by the IRT, it was DWR's expectation that the plan would address both hydrology and vegetation issues. Without addressing the hydrologic stressor, DWR is concerned about the success of the proposed replanting effort. WRC Comments. Travis Wilson: WRC has expressed our concern with the Hofler site for several years. Specifically the site hydrology and its effect on meeting vegetative success due to excessive water retention. Since nothing is proposed to address the hydrologic stressor it is unlikely that solely replanting the site will result in meeting vegetative success after two additional years of monitoring. Also, WRC does not support dropping the 10 foot average height standard. This standard allows the agencies to closeout a site with confidence the site is on a trajectory for long term success. I feel meeting this standard is even more important when closing out sites that have exhibited problems or vegetation concerns have been expressed. USACE Comments, Kim Browning & Todd Tuqwell: Based on field reviews of the site and submitted monitoring data, it appears that vegetation growth has been negatively affected by excessive site hydrology. The proposed adaptive management plan includes replanting portions of the site with more species that are more adapted to the hydrologic conditions but does not include any modifications to address the underlying issue. While we agree that replanting the site and additional monitoring should be included as part of the adaptive management plan, we do not support changing the approved vigor standard for vegetation performance. The intent of this standard is specifically to address the concerns present on the site, and simply removing a performance standard is not adaptive management. Further, we believe that hydrology monitoring should continue because this is likely the cause of the vegetation issues, and the resulting data will be important in assessing the success of any adaptive management actions, including the performance of replanted vegetation. Based on this, a revised adaptive management plan that addresses hydrologic stressors and vegetation must be submitted for IRT review. Please note that If modifications are not conducted that successfully address the problems on site, a reduction in credits may result. Digitally signed by BROWNING.KIMBERLY. BROWN ING.KIMBERLY.DANIELLE. DAN I ELLE.1527683510 1527683510 Date: 2020.06.23 10:10:00-04'00' Kim Browning Mitigation Project Manager Regulatory Division Hofler Property- Adaptive Management Plan (05/28/20) Albemarle Restorations, LLC, is proposing the following Adaptive Management Plan (AMP) for the Hofler Property (DMS Contract #004628) for the North Carolina Division of Mitigation Services (DMS) and Interagency Review Team (IRT) review and comment. This AMP is being submitted to conduct work on site to improve planted vegetation performance and consists of the following five (5) requests: 1. Conduct tree planting this winter (20/21) using bare root and/or containerized (based on availability) Bald cypress at a rate of 200 trees/ac or more to bring the stocking up to required levels in underperforming areas. These areas consist of the lower half of the project site, represented by plots 1, 2 and 11-18, as identified in the MY5 Monitoring Report (pg. 11). Additional tree planting across the entire site may occur based on seedling availability. Bald cypress was chosen because of its ability to grow in wet conditions, tolerance to competition, and past performance on site. 2. Conduct 10-15 additional vegetation plot (1/100th ac) surveys across the site this year. These will be randomly located outside of existing survey locations to better assess tree height, density, and survivorship. 3. Continue vegetation monitoring for additional two (2) years (MY8 & MY9) to ensure survivability and achievement of success criteria. 4. Release from future Wetland Hydrology Performance Standards by the IRT. The approved Hofler Mitigation Plan Credit Release Schedule for Forested Wetlands (pg. 21) allows for the discontinuance of hydrologic monitoring after the 5th year provided the performance standards have been met. As of MY5, the Hofler project has met or exceeded its hydrologic performance standards every year. 5. Release from the 10 feet in average height by MY 7 vegetative performance standard (pg. 27). The Hofler project has exceeded its average annual rainfall amounts during the monitoring period each year. Years 2 (2016) and 3 (2017) were especially hard on planted stock, with above average rainfall amounts during the growing season (April -mid Nov) of +16.54 and +14.64, respectively. This excessive rainfall restricted our efforts at herbaceous weed control and led to supplemental planting being conducted between MY 2 and 3 (Feb. 2017). Unfortunately, site conditions have improved only slightly as rainfall continues to exceed normal expectations.