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HomeMy WebLinkAbout20100642 Ver 1_Public Notice_20110426a- 0(0 I 1 US Army Corps PUBLIC NOTICE Of Engineers Wilmington District Issue Date: April 20, 2011 Comment Deadline: May 19, 2011 Corps Action ID: SAW-2010-01239 The Wilmington District, Corps of Engineers (Corps) has received a prospectus describing the establishment of a stream compensatory mitigation bank, known as La Foresta Stream Mitigation Bank for Federal and State permits as described below: This public notice does not imply, on the parts of the Corps of Engineers or other agencies, either favorable or unfavorable opinion of the work to be performed, but it is issued to solicit comments regarding the factors on which final decisions will be based. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at http://www.saw.usace.army.mil/Wetlands/Notices/Current notices.html. The complete prospectus and mitigation plans are also available at the Wilmington District, Raleigh Field Office. Please contact 919-554-4884 extension 26, to request a copy. Applicant: Mr. Darrell Metcalf p LR (r n, j? Applied Botany Concepts, LLC Post Office Box 39597 Greensboro, North Carolina 27438 APR 2 6 2011 DENR. WATER QUALtTP WETLANDS AND STORMWATER BRANCH Waterways and Location of the Proposed Work The proposed bank site is located adjacent to La Foresta Drive and Jake Drive, north of Wending Drive and east of Rankin Mill Road, approximately 0.5 miles east of the corporate city limits of the City of Greensboro in Guilford County, North Carolina. The approximate geographic coordinates are 36.1406 N° latitude and -79.7024 W° longitude. It is located along and adjacent to five unnamed tributaries to North Buffalo Creek within the Cape Fear River Basin, Hydrologic Unit Code (HUC) 03030002. (See attached maps). Proposed Work and Purpose The bank sponsor proposes to establish, design, construct, and operate a stream compensatory mitigation bank located northeast of Greensboro, Guilford County, North Carolina. As stated by the sponsor, the primary objectives of this proposed mitigation bank are to improve onsite and downstream water quality, and reverse aquatic and riparian habitat degradation (successful stream mitigation). Based upon initial field data collections the sponsor has developed preliminary plans to restore 1,212 linear feet of stream channel and enhance 1,600 linear feet of stream channel. The sponsor states the goals and objectives will be accomplished by: 1) Decrease Sediment Load: Mitigating sediment impact by stabilizing bank erosion. This will be accomplished by implementing vegetative buffers, biotechnical structures and removing livestock from the stream (resulting in reduction of sediment quantities seen in Bank Erosion Hazard Index (BEHI), 2) Increased Flood Attenuation: Channel and floodplain connectivity will be restored through a Rosgen priority level 1 approach with Class C design dimensions, 3) Decrease Nutrient Excess: Protect stream waters from excess nitrates from livestock and surface runoff by establishing a riparian buffer and protected conservation easement, 4) Aquatic Habitat Preservation: Facilitation of Aquatic and Riparian habitat development will result from constructing in-stream structures and providing vegetative cover to shade open stream areas, 5) Riparian Habitat Preservation: Provide vegetation cover to establish a corridor for wildlife, connecting adjacent forested areas. Upon the completion of construction and an As-Built survey, the sponsor states they will perform monitoring to ensure that the Bank is meeting its goals of providing proper channel function and increased habitat quality. The sponsor shall be responsible for meeting the success criteria required by the IRT. The Sponsor owns all parcels that make up the La Foresta project site in Fee Simple. Upon approval of the final mitigation plan by the IRT, the Sponsor proposes to record a conservation easement for the property within 100' of the proposed stream improvements. The proposed financial assurances to be provided for the construction of the project and the monitoring of the stream will be in the form of a bond. This long-term financing mechanism (bond) is also proposed to ensure the long-term management and maintenance. Following the required monitoring and maintenance of the Bank, the Sponsor proposes that the easement will be assigned to a non-profit entity and recognizes that the holder of the conservation easement is subject to IRT approval. The La Foresta site is encompassed by cleared agricultural land used for livestock grazing. The main stream and its tributaries which are proposed for mitigation currently serve as the primary and direct watering source for approximately 30 head of livestock. The prospectus states that there is a proposed single-family subdivision onsite and that the increased runoff coefficient of such a development will inevitably result in an increase in discharge, stream flow, and velocity rates, lending to additional channel instability. The presence of a subdivision may also introduce additional sources of nutrients, total suspended solids (TSS), turbidity, and thermal pollution. The proposed Bank includes conveying a 100' vegetative buffer to a land conservancy. The establishment of this easement for Tributary 1 will at least negate lots 15-20 of the subdivision, and possibly prove the development as a whole to no longer be feasible. The Bank includes the restoration and enhancement of unnamed tributaries that flow into North Buffalo Creek. North Buffalo Creek is listed on the Environmental Protection Agency (EPA) 303d list of impaired water bodies and labeled as Category 5 impairment. The enclosed map shows the approximate location of proposed restoration and enhancement sites. The proposed geographic service area is the 8 digit HUC, 03030002 (Haw River), located within the Cape Fear River Basin. This mitigation bank may be considered one of a number of practicable alternatives available to applicants to compensate for unavoidable stream and wetland impacts associated with permits issued under the authority of Sections 404 and 401 of the Clean Water Act for projects located within the prescribed geographic service area. Oversight of this stream compensatory mitigation bank will be by a group of Federal and State agency representatives collectively referred to as the Interagency Review Team (IRT). The IRT shall be chaired by the Wilmington District, U.S. Army Corps of Engineers and is comprised of representatives from the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service, N.C. Division of Water Quality, and the N.C. Wildlife Resources Commission. The actual approval of the use of this mitigation bank for a specific project is the decision of the Corps of Engineers pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. The Corps provides no guarantee that any particular individual or general permit will be granted authorization to use this stream compensatory mitigation bank to compensate for unavoidable stream impacts associated with a proposed permit, even though mitigation from this bank may be available. Authority A Public Notice regarding proposed mitigation banks is required pursuant to the rules published in the Code of Federal Regulations (CFR) for Compensatory Mitigation for Losses of Aquatic Resources (33 CFR 332.8(d)(4)). Federal Evaluation of Proposal The Corps of Engineers is soliciting comments from the public; Federal, state, and local agencies and officials; Indian Tribes; and other interested parties in order to consider and evaluate this proposed mitigation bank. Any comments received will be considered by the Corps in evaluating this proposal. Comments are used to assess impacts on endangered species, historic properties, conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with Executive Order 11988), land use, navigation, shore erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. Preliminary review indicates that: 1) An environmental impact statement will not be required; 2) No species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened under the Endangered Species Act of 1973 (PL 93-205) will be affected; and 3) No cultural or historic resources considered eligible or potentially eligible for listing on the National Register of Historic Places will be affected. Additional information may change any of these preliminary findings. Written comments pertinent to the proposed work, as outlined above, will be received in this office, Attention: Andrew Williams, Raleigh Regulatory Field Office, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587, until 5:00 p.m., May 19, 2011. M 0 In _r L'- U U •O Cf) N Q :rn , f of 43 ??tm CO m O U ++ -0 C 1( RJ' _ N N M Q ? / > r 2 (n ao M J U S= _ ?7 o O (D Cl) LL O W J a M I l a zw N w yam' O N ? 13 ca co ?i O Z J t V O j O ( tiz .C O M pp ?1 7.1 ?' cc M C7 o u1 I {? `7 m 'S o = U mtttt Z Z J O CO W a CO lMw? O V r LL o .0 z .S tm C C Q o 11 '? L d ?? y o L i L '7 C ea 1 Y o SJ? o C N Y ,l ? UNN? M41 E!Z 0 ? <V yZ C? w J 1 C ? ¢wC7? ? O Lf) Project Plans 2 of 13 Legend La Foresta Stream Mitigation Proposal Layer --- Ex. Stream Alignment ----- -- Transmission Line Easement - - Transmission Line Restoration Level 1 Enhancement Level 2 Enhancement - Proposed Conservation Easement ?.. Q Project-Parcels 1 FIGURE inch = 300 1w. er Basin: Ca a Fear Applied Botany Concepts Site Map Riv 2 5107 N Church St HUC: 03030002020040 AppHedBotanF Greensboro. NC 27455 La-Foresta Stream Mitigation Bank NC DWC Sub-basin: 03 06-02 conceptsi tel: 336.282636 Guilford County, North Carolina Lat/Long 36°08'2586" N 79°d2'n M O M rn r n U J O' L`. I C w ? V X ?_ 'Es E }? ?'? a - _?, ? ' B a ?a?• a - _.".f,,.,:?i? R' r Gk = I `l.:l t 6 1 \L' iY 11 ? 111 ? 9t ' j' I ? 11 a' ? ? ? i • / 1 ? F?,? Ir YNNqq ;-FV, a / 7 S?aR .` . \\•\ L-?__+._..?.'? -',-- - --? T "may--- 'i -? X.kl ? \ snno C 3iii'f: .n 9 - - y " 1 1- :J °C wr...w. xocwW r - ------------- lip II - - - ° 1 1 r ?? 1• ?. \ 1 ?a 1 .9 v ? ER Iso'RM ORAIM!? • [ _ pW -rte ?- 1- \? t _ _ ?-r?- 3 ?rE f Y-- --- --- -- ---== -- -- ?A - ------------------------- FIGURE i Exhibit 2 ?WA?ZNGINEERING, PC Mr. Darrell Metcalf Applied Botany Concepts 521 Banner Avenue Greensboro, NC 27401 November 11, 2010 RE: La Foresta Site Mitigation Bank Dear Mr. Metcalf: Project Plans 4 of 13 This letter report is being provided for the La Forests site, located in Guilford County, North Carolina near the town of McLeansville. The site was located and proposed for mitigation banking activities by Applied Botany Concepts and WAZ Engineering, PC was hired as the engineering designer. There are five (5) stream reaches evaluated in this report and under consideration for stream mitigation activates, including Trib 1, Trib 3, Trib 3A, Trib 3B, and Main Channel. The stream reaches are shown in the attached Figure 1. The data and recommendations contained within this letter are based upon very limited field data collected by WAZ Engineering personnel on March 9, 2010. Note that the conclusions and recommendations contained herein are preliminary and conceptual only in nature, and are subject to change and/or revision upon collection of more detailed data and analysis. Furthermore, collection of additional data, survey of the site by a Professional Land Surveyor (PLS), and creation of a full set of construction plans is recommended before commencing mitigation activities at this site. EXISTING CONDITION STREAM CLASSIFICATION AND GEOMORPHOLOGY The existing condition, evolutionary stage of development, and future potential stable form of any given stream must be evaluated and understood before a conceptual mitigation plan can be developed. Classification of a stream based on its morphology and comparison of that stream with other streams classified by the same methodology is necessary to evaluate stream-mitigation potential. The Rosgen stream classification system is a popular and accepted method widely used by hydrologists, engineers, biologists, and other stream professionals. It describes the geomorphic characteristics that result from the integration of basin relief, landform, and valley morphology. Level I classification provides a general characterization of valley types and landforms, and identifies the corresponding major stream types. Level II classification identifies the existing channel morphology, entrenchment ratio, width-to-depth ratio, sinuosity, slope, and the material in the channel bed. A Level I classification and limited Level II classification were completed on the streams in the project study area. Variables describing the planimetric pattern of the stream were measured using aerial mapping, and channel entrenchment, dimension, profile, and dominant bed material were calculated based on the limited data gathered in the field. Project Plans 5 of 13 ?WAZNGINEERING, PC DRAINAGE AREAS The drainage for each stream reach was delineated based on USGS topographic maps in order to utilize regional curves available for the rural North Carolina Piedmont region (Harman, W.H. et al. 1999) to verify field measurements of bankfull cross-sectional area, width, and depth. The drainage area for Trib 1 is 0.04 square miles, for Trib 3 is 0.13 square miles, for Trib 3A is 0.07 square miles, and for the Main Channel upstream of the confluence with Trib 3 is 0.64 square miles. TRIBUTARY 1 A single riffle cross-section (X-2) was measured on Trib 1. Trib 1 is a very small single-thread channel with a low sinuosity (1.05) and a riparian buffer zone consisting of herbaceous grasses in an active livestock pasture. A pebble count was not performed on this tributary, however, the channel substrate is dominated by silt/clay according to visual observation. The entrenchment ratio is 1.6, or moderately entrenched. The width-to-depth ratio is 30.1, or very high, indicating that Trib 1 is an over-wide and shallow channel, and the bank-height ratio range is 1.5, indicating that Trib 1 is slightly incised. Based on these parameters, Trib 1 classifies as a F5b stream type, a stream type in which "depositional features are common..., and over time, tend to promote development of a flood plain inside of the bankfull channel" (Rosgen and Silvey 1998). An F stream type is not generally accepted as a "stable" condition, but rather as a stopping point along the evolutionary process of a stream attempting to find a stable form. TRIBUTARY 3 A single riffle cross-section (X-6) was measured on Trib 3. Trib 3 is a single-thread channel with a low sinuosity (1.05) and a riparian buffer zone consisting of scattered mature trees and herbaceous grasses in an active livestock pasture. A pebble count was not performed on this tributary, however, visual observation reveals that the channel substrate is very similar to that of the Main Channel which has a D50 of 3.8 mm (very fine gravel) and a D84 of 15 mm (medium gravel). The entrenchment ratio is 1.5, or moderately entrenched. The width-to-depth ratio is 7.4, or low, indicating that Trib 3 is a narrow and deep channel, and the bank-height ratio is 3.0, indicating that Trib 3 is incised. Based on these parameters, Trib 3 classifies as a G4 stream type, a stream type which is described as "very unstable" (Rosgen and Silvey 1998) due to the high potential for both lateral and vertical erosion. The combination of low width-to-depth ratio and high bank-height ratio means that a G4 stream experiences high streamflow energy, causing further erosion which continues to exacerbate the stream instability problem. TRIBUTARY 3A A single riffle cross-section (X-7) was measured on Trib 3A. Trib 3A is a single-thread channel with a low sinuosity (1.06) and a riparian buffer zone consisting of scattered mature trees and herbaceous grasses in an active livestock pasture. A pebble count was not performed on this tributary, however, visual observation reveals that the channel substrate is very similar to that of the Main Channel which has a D50 of 3.8 mm (very fine gravel) and a D84 of 15 mm (medium gravel). The entrenchment ratio is 1.9, or moderately entrenched. The width-to-depth ratio is 13. 1, or moderate, and the bank-height ratio is 2.2, indicating that Trib 3A is moderately incised. Based on these parameters, Trib 3A classifies as a B4 stream type, a stream type which is described as "relatively stable" (Rosgen and Silvey 1998) particularly in a well-vegetated yin _ _ 1MW ? a Q Y.ti,r.'1'q'(4'.' vy s s -^ Project Plans 6 of 13 JWAZ ENGINEERING, PC valley. However, in this location, the lack of a well-established riparian buffer zone could contribute to bank instability which could cause Trib 3A to lose the B4 stable form and begin to evolve through a series of stream types in search of re-establishing a stable form. TRIBUTARY 3B No cross-sections were measured along Trib. 3B, therefore, no existing condition data is available at this time for Trib. 3B. MAIN CHANNEL Finally, a single riffle cross-section (X-5) was measured on the Main Channel in the reach between the confluence with Trib 2 and the confluence with Trib 3. The Main Channel is a single-thread channel with very low sinuosity (1.00) and a riparian buffer zone consisting of scattered mature trees and herbaceous grasses in an active livestock pasture. The channel substrate, accor ing to the pebble count performed in this reach, has a Dso of 3.8 mm (very fine gravel) and a D84 of 15 mm (medium gravel) but also indicates some bedrock outcrops. The entrenchment ratio is 18.9, or only slightly entrenched. The width-to-depth ratio is 4.4, or very low, indicating that the Main Channel is a narrow and deep channel, and the bank-height ratio is 1.1, indicating that the Main Channel is only very slightly incised. Based on these parameters, the Main Channel classifies as either an E4 or a G4c stream type. An E4 stream is typical of a low-gradient valley, and typically has a high sinuosity, neither of which is true for this particular stream. Therefore, it is much more likely that the Main Channel is a G4c stream type, but lacks the typical entrenchment ratio of a G type stream (<1.4). It is most likely due to the bedrock outcrops that occur in the stream channel that are maintaining the stream bed profile at the present elevation without further "down-cutting" that is keeping this channel from presenting with a much higher entrenchment ratio and bank-height ratio. A G4 stream type is generally considered "very unstable" (Rosgen and Silvey 1998) due to the high potential for both lateral and vertical erosion. In this particular case, vertical erosion has been halted by the bedrock in the channel, therefore, lateral instability is likely to follow. This is clearly illustrated in a reach along the Main Channel upstream of this location, under the Duke Energy power lines where the stream channel shows clear signs of lateral instability in the recent past. RECOMMENDATIONS The La Foresta project study area appears to be a candidate site for stream restoration and stream enhancement as shown in Figure 1. The conceptual plan for restoration and enhancement is discussed further below. STREAM RESTORATION Because Trib 3 is considered "very unstable" in the current G4 stream type form, and due to the high potential for lateral and vertical instability and the existing lack of sinuosity, WAZ recommends a 851-foot section of Trib 3 be restored to a stable dimension, pattern, and profile and reconnected to its floodplain. The proposed stream type would most likely be a B4 stream, with a wide, well-vegetated, riparian buffer corridor which would exclude livestock via fencing. An at-grade crossing may be necessary along Trib 3 for livestock movement between pastures if the property owner wishes to continue the current agricultural use. -77 t ?'KI•?s 7:-? -8 ?i ?• ' - • • • • ? o " ' ? L? Y?G-??J? a:?? J:`! ?,.~ ? _ ?.i ? ,. a ';,?'1 Project Plans 7 of 13 Additionally, an upland watering source should be installed since livestock will no longer have direct access to the stream channel. Though Trib 3A is classified as a B4 stream type, a "relatively stable" stream type, the lack of a well- established riparian vegetation zone has placed this stream on the brink of instability. Therefore, WAZ is recommending that the 361 feet of Trib 3A that is present within the La Foresta site be restored to a stable dimension, pattern, and profile and reconnected to its floodplain along a new alignment. The proposed stream type would be the some as the existing B4 stream type, but with a greater sinuosity than the current stream, and with a wide, well-vegetated, riparian buffer corridor which would exclude livestock via fencing. STREAM ENHANCEMENT The very small size of the Trib 1 channel makes it an unlikely candidate for full-scale restoration activities. However, modifying the dimension of the over-wide cross-section, adjusting the bed profile to introduce some riffle-pool variability while leaving the stream in the same landscape position makes the 700-foot section of Trib 1 an ideal candidate for stream enhancement. The proposed stream type would be a B4 stream. An at-grade crossing may be necessary along Trib 1 for livestock movement between pastures if the property owner wishes to continue the current agricultural use. Though Trib 3B has not yet been studied in any detail, the lack of a consistent, wide riparian vegetation zone along the 242-feet of Trib 3B makes it an ideal candidate for stream enhancement as well. Due to the presence of some mature trees adjacent to the Main Channel along the reach under consideration, and the confined nature of the stream valley between property lines and easement lines, WAZ proposes modification to the channel dimension and profile along the Main Channel while leaving the stream pattern in place. This would make the Main Channel a candidate for 658 feet of stream enhancement, with a proposed stream type of C4. In summary, WAZ Engineering is recommending 1212 feet of stream for restoration, including Trib 3 and Trib 3A, and 1600 feet of stream for enhancement, including Trib 1, Trib 3B, and a section of the Main Channel within the La Forests site. Should you have any questions about the recommendations provided above, or require further information, please contact WAZ Engineering at (919) 567-0495, or amx@wazengineering.com. Sincerely, 0 WAZ Engineering, PC ??? Qp?E88 License No. C-28.26 SEAL < ` 8441 Amy J. Wazenegger, NC PE License No. 28441 President and Sr. Engineer Project Plans 8 of 13 EXHIBIT 1 Channel Stability Assessment A field reconnaissance level Bank Erosion Hazard Index (BEHI) and Near Bank Stress (NBS) assessment was performed on July 7, 2010 by WAZ Engineering personnel, utilizing the methods presented in "A Practical Method of Computing Streambank Erosion Rate", published by David L. Rosgen, 2003. A total of sixty-four (64) points were taken along both the left and right banks of the Main Reach, and Tributaries 1, 2, 3, 3A and 3B. Field reconnaissance was performed during a period of low-flow. On site weather conditions were clear, warm and dry. Digital photographs were taken of each point evaluated. Results of the on site evaluation are as follows: Main Reach (Approximately 2,459 linear feet) • 5,215 feet of stream bank evaluated; • Total Erosion Rate of 10.83 cubic yards per year; or, • Total Erosion Rate of 14.08 tons sediment per year. Tributary 1 (Approximately 622 linear feet) • 1,244 feet of stream bank evaluated; • Total Erosion Rate of 0.04 cubic yards per year; or, • Total Erosion Rate of 0.04 tons sediment per year. Tributary 2 (Approximately 100 linear feet) • 200 feet of stream bank evaluated; • Total Erosion Rate of < 0.00 cubic yards per year; or, • Total Erosion Rate of 0.01 tons sediment per year. Tributary 3 (Approximately 874 linear feet) • 1,736 feet of stream bank evaluated; • Total Erosion Rate of 102.11 cubic yards per year; or, • Total Erosion Rate of 132.75 tons sediment per year. Tributary 3A (Approximately 318 linear feet) • 636 feet of stream bank evaluated; • Total Erosion Rate of 9.26 cubic yards per year; or, • Total Erosion Rate of 12.04 tons sediment per year. Tributary 3B (Approximately 262 linear feet) 0 525 feet of stream bank evaluated; Project Plans 9 of 13 • Total Erosion Rate of 0.02 cubic yards per year; or, • Total Erosion Rate of 0.02 tons sediment per year. In summary, based on field observations, the La Foresta project site in its existing condition is expected to contribute roughly 122 cubic yards of sediment per year, or 10 to 12 standard dump truck loads. Please note that the BEHI/NBS assessment only accounts for sediment contribution due to lateral instability. It does not account for vertical instability of the stream bed, or sources of sediment contribution outside of the stream banks measured, such as overland sources, or watershed sources upstream of the project site. 0 0 r c3 c. U U 0. s.. a i i i i i 0 N r E E N O N ? 6 to ? C C? O N •U O C C .? fA N O ?. O L L O N N> r U C) L U) C ?. N c co cc O? N >j m m N= U') co 0 0 a U N N 3 N 06 ca N ? C O N CO U) t- q O LC) Ln p N N p p C.) O O O LL O co N L F-- O W ,V M ` O L t L U 0 O M C C C a O O in N 6) L '? L N CD N O 0 O CO N C C- L Y .!G a U C C O U C ? C O 0 O O C O N O U O CU L . 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