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HomeMy WebLinkAbout20080229 Ver 1_Response to MY 6 Comments_20131122Tito John R. McAdams Company, Inc. Raleigh / Durham, NC 2905 Meridian Parkway Durham, North Carolina 27713 (919)361.5000 Charlotte, NC 11301 Carmel Common Blvd, Suite 111 Charlotte North Carolina 28226 (704) 527-0800 November 21, 2013 Ms. Katie Merritt Environmental Compliance Specialist & Nutrient 011',w-t Coordinator Wetlands & Storinwater Branch NCDENR - WR Archdale Building 512 N. Salisbury Street Raleigh, North Carolina 27603 Re: Forrest Creek Mitigation Bank Stream Restoration Site Year 6 Monitoring Report — Vegetation Monitoring Response to Monitoring Year 6 Report Comments EBX-13050 Following your October 8, 2013 e-mail, please find our responses to your review comments on the prQject listed above. Our response comments are in bold. I Please see the email below sent frornTorniny last April, regarding what EBX planned to do for reinediation at Forrest Creek following our site visit last spring. The intended remediation efforts are not mentioned in the Year 6 Monitoring Report for Forrest creek, All that I can Understand from the report, is that vegetation data was collected from the 3 plots, The "Action Required" referenced in the report from the l)WR letter specifically stated what rernediation would be expected from 1-",'13X. Please provide some insight into this so that I may be able to understand what EBX did in response to the WR letter dated May 3, 2013. Additionally, if supplemental planting was performed, please incorporate that into this report. JRM Response: Section 1.1 of the Monitoring Year 6 Report has the additional paragraph added: "Action Taken: Four beaver dams were removed during the months of May and June, 2013. Livestakes were planted within unprotected banks of the stream. In addition, within bare areas of the buffer, the soil was scraped; a seed mix was planted, and 100 1-gallon steins of the following tree species were planted: Betula nigra (river birch), 35 total Quercus michauxii (swamp chestnut oak), 45 total Nyssa sylvatica (black gum), 20 total McAdamsCoxoju Designing Tomorrow's Infrastructure & Communities !!jl'M.c,A,DA,-M.S Ms. Kathic Merritt F'orrest Creek Mitigation Bank Stream Rcstoration Site Year 6 Monitoring Report - Vegetation Monitoring November 21, 2013 Page 2 of 2 Consideration of this response is greatly appreciated. A revised report is provided, If you ShOUld have any qUestions or mquirc additional information, please do not hesitate to contact me at (919) 361-5000. Sincerely, 'rite Jolin R. MeAdams Company, late. George Buchholz, RL'I'M, 13WS Environme-ntal Scientist cc: Tomilly Cousins, E'livironmental Bane & Exchange, LLC Enclosures FBX-13050 1.0 Inti,oduction L Project Location and DescHplion The Forrest Creek Stream Restoration Site (Site) of the Forrest Creek Mitigation Ban]( (Batik) is located in Orange County North Carolina within land owned by Milton A. Latta and Sons Dairy Farms, Inc. A permanent conservation easement covers the restored stream and surrounding riparian buffer. This casement defines the Site' s boundaries. The Site is located approximately seven miles northeast of flillsborotigh and six miles northwest of Durham in northeastern Orange County, North Carolina (see Figure 1, Appendix A). The streams lie within USGS hydrologic unit 03020201020020 in the Ncuse Rivet, Basin. "I'lie North Carolina Division of Water Quality NCDWQ) classifies the main reach, Forrest Creek, as a WS -11 (water supply 11), HQW (high quality water), and NSW (nutrient sensitive water), The Site includes two streams. The larger reach (Forrest Creek) flows through the property from north to south and drains a 3. 6 square mile arell, consisting of predominantly forest and pasture land. The smaller tributary (UT 1) flows from west to east before joining with Forrest Creek and drains a 0.1 square mile area consisting of predominantly pasture land. Located in Appendix A is the Forrest Creek Restoration Conservation Easement As-Built Exhibit (Sheets I through 5). The stream restoration work is regulated under the Forrest Creek Mitigation Bank Mitigation Banking Instrument (MBI) signed by the Sponsor and the US Army Corp of Engineers (USACE), the US Environmental Protection Agency (USETA), the NC Division of Water Quality (now hereby referred to as Division of Water Resources [DWR]), and the NC Wildlife Resources Commission (NCWRC). These agencies comprise the Interagency Review Team (IRT'), formerly the MBRT, in accordance with Federal guidelines and regulations including the Compensatory Mitigation losses of Aquatic Resources Final Rule, 33 CFR Parts 325 and 332 and 40 CFR ])art 230. Restoration work resulted in the restoration of 6, 825 linear feet, enhancement (Level 1) of 325 linear feet, and preservation of 3,005 linear feet of stream. With the restoration, water quality has been improved due to a decrease in nutrients, turbidity, and moderation in water temperature. Biochemical oxygen demand has been reduced through filtering in the riparian buffer and riverine wetlands. Potential habitats have been added through the creation of bed features and the reestablishment of riparian vegetative community. The annual monitoring work assesses the Site's streams, the Forrest Creek main channel and the Unnamed Tributary to Forrest Creek, to determine restoration Success. The monitoring plan has been set up based on guidance provided by The Stream Mitigation Guidelines developed by the United States Corps of Engineers -- Wilmington District (McLendon, et al. 2003), version 1. 2 11/ 16/ 2006) of the North Carolina Ecosystem Enhancement Program (E'EP) document entitled Content, Format, and Data ReqLlil'ClllelltS for EEP Monitoring Reports ", version 2.0 (3/27/2008) of the E17P document entitled "Mitigation Plan Document Formal, Data Requirements, and Content Guidance ", and the Forrest Creek Mitigation Batik Mitigation Plan (May 2008). Monitoring has occurred annually for five years and reports have been submitted. Annual monitoring work has included reference photographs, vegetative stern counts, materials sampling, site survey, bankfull, event docutnen tali oil, and visual assessment and mapping of significant features. Year 5, 2012 monitoring was completed on September 18 -19 and October 16, 2012 with the submission of Year 5 Monitoring Report flor the Forrest Creek Buffer Mitigation Bank on December 4, 2012, Members of the IRT, more specifically representatives from DWR and USACE, met with FBX-EM, LLC (EBX) on-site to evaluate the success of the riparian buffer restoration. Based oil the results of the on -site meeting, 2 DWR requested additional of years ()VYR Additional Monitoring letter, May 3, 20}]DWRProject4, 2008-0229,Appendix E). More 'fitaJ1y,[)WD had the following comments: "Significant areas within of the riparian buffer along the entire reach oftile Forrest Creek mitigation site appeared to lack adequate stern Counts most likely due to soil type and hydrology issues. Stems that were present in Zone I were mostly small, indicating they may have been part of supplemental planting performed in 2010 required by DWQ and ACOE'. Action Requh-cd: EBX shall reevaluate Zone I throughout the entire mitigated portions of 1"ort-cst Creek and provide a rernediation plan sufficient to provide adequate vegetation in Zone 1. Sufficient ground cover should be reestablished in all bare areas and, where adequate stern Counts are absent, I-,'IIX shall plant trees that are desirable for that specific soil type and hydrology, DW6 rccommends larger trees be planted in sorne of the most problematic areas along the reach. Modifications to tile approved buffer mitigation plan are allowed to provide EBX with the flexibility of choosing tree species and vegetation that are more likely to survive and reach Maturity, f.11BX may make additional recommendations to promote site success. Monitoring abu\ be submitted lot- 3 more years (2013. 2014, ` and 2015) and shall record only the vegetation conditions along Zone L" Four beaver darns were removed during the months [ May and Jline, 2013. Liveotokom were planted within unprotected batiks o[ the oincaon. }om]diiiou, within bare areas of the buffer, the soil was scraped; aseed roix was planted, and lOO } -gallon sterns of the following tree species were planted: Betuha biroh),35total nurousruichmoxii Chestnut oak), 45 total This Monitoring Report m]droascn buffer rcak/aUioo a,00x bctp/cou Stations 214f00 and 232+00, which includes Vegetation Plots 2, ], and 4. 1,2 Ptoject Goals and The goals ofthe project relate to providing ecological improvements tothe Site' sstreams and riparian buffers through beneficial modifications olhydrology, water quality, and habitat. Goals related to hydrology include: * Ko establishing flood plain connection hy raising bed elevations (DTl)or towerfivy adiacent O d \ io(FooestCrcuk * loo»oaningOood storage byru- en{ob]iskiog flnudp]aiocuUnoctioo (}oelm related to water quality include: • Reducing turbidity and pollution by reducing sediment and uub'iou1 inputs cattle cxo]uoiou\ • Reducing water temperatures by providing shading • Increasing / stabilizing oxygen levels by reducing |lDT) /COD and increasing re0xygooaiiugturbu1cuce Goals related to habitat include: • Improving in stream bed habitat by increasing riffle ---- pool diversity, reducing sediment deposition, and improving low flow water depths • Improving batik habitat by increasing stability and woody bioniass • Improving floodplain habitat by establishing inicrotopography and hydrology, removing invasive vegetation, and increasing habitat diversity • Improving food web dynamics by adding biomass (such as detritus, coarse woody debris, and leaf matter) and re- establishing floodplain connection The restoration achieves these goals through the following obJectives. • Stabilizing channel bed and banks through modifying dimension, pattern, and profile using natural channel design • Installing in- stream structures such as rock vanes, log vanes, and Constructed ri ffl es • Raising stream bed elevations or lowering floodplairts • Restoring soils in riparian buffer by excluding cattle and adding organic components Removing invasive vegetation • Planting native vegetation in riparian buffer • Fencing out livestock Together, these improvements have provided functional uplift fbr the watershed as a whole, 'Fhe dimension, pattern, and profile were restored using Rosgen Priority I and 11 restoration approaches (Rosgen, David L. 1997). The Priority I approach was used on the UT to Forrest Creek to raise bed elevations and reconnect the stream to the abandoned floodplain. The Priority H approach was used on Forrest Creek to reestablish all active floodplain at the existing bed elevation. These methods have decreased streani batik erosion, establish all active floodplain, reduce channel stress during floods, improve aquatic habitat, and reduce fine sediments. A portion of Forrest Creek immediately above tile restoration reach was enhanced by modifying a downstream crossing that had created ponding upstream Of it. The crossing modification reestablished natural flow and will create a natural channel profile. Above the enhancement area, a section of Forrest Creek has been placed Under conservation easement to preserve a Functional stream channel and riparian buffer. The remaining impaired riparian buffer was planted as four (4) zones. Zones I and 2 are the stream channel and batik zones consisting of tree and shrub species and native herbaceous seeding typically found along stream banks in the region. Live stakes comprised the bulk of installed species within these zones. Zone 3 is the riparian zone consisting of selected tree and shrub species with a range of tolerances to inundation and saturation. Zone 4 is tile transitional zone that includes tile buffer areas (subject ofa separate report prepared for DWR). Sec `tables I - III for more inlorrnation regarding project structure, activity, history, and contacts, 2.0- Vegetation Condition and Comparison Current stem counts (i.e. stem is defined as single living tree species) were calculated using vegetation plot monitoring data. Success will be defined as the survival of 111111inlUrn density of 320 trees and shrubs per acre. As for Monitoring Year 6, monitoring was conducted for three (3) vegetation plots (Vegetation Plots 2, 3, and 4) located between Stations 214-1-00 and 232-1-00. Monitoring Year 6 field activities were conducted on October 10 and October 24, 2013. The planted vegetation Survival threshold was rnet for vegetation plot 2, while it was not niet for vegetation plots 3 and 4. The planted and volunteer survival threshold was met for all three (3) vegetation plots. Summary tables of the data collected are provided in Appendix B, 3.0 Methodology 3.1 Vegetation Monitoring 11/otv Baseline vegetation monitoring was conducted in accordance to CVS4`T'P Protocol for Recording Vegetation (CVS-EEP, v4.2). All monitoring methodologies follow the most current templates and guidelines provided by FEP (EEP, 2010; J."J"P, 2011). All till-cc (3) vegetation plots that were installed were located in Monitoring Year 6. Sheets 1 through 5 of the Forrest Crock Restoration Conservation Easement As-Built Exhibit (Appendix A) depict location of the vegetation plots. Table I (Appendix B) provides a success summary for each vegetation monitoring plot. Based on the vegetation monitoring, the survival threshold was mot for vegetation plot 2 when for both planted vegetation survival and planted and VOlUIItCCr Survival. For vegetation plots 3 and 4, the survival threshold was not met for the planted vegetation Survival but it was met for the planted and volunteer survival. Table 2 (Appendix B) provides a summary of stems per acre by vegetation plot and by monitoring year. Vegetation monitoring plots were photographed and are located in Appendix C. Vegetation Monitoring Plot Data Sheets are provided in Appendix D. Flacli Vegetation Monitoring Plot Data Shoot provides mcaSUrCMCIltS, location, and vigor of each planted species within a respective vegetation monitoring plot,