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HomeMy WebLinkAbout20180665 Ver 1_PCN Mitigation Submittal_20191022ID#* 20180665 Select Reviewer:* Mac Haupt Initial Review Completed Date 10/22/2019 Mitigation Project Submittal - 10/22/2019 Version* 1 Is this a Prospectus, Technical Proposal or a New Site?* Type of Mitigation Project:* V Stream V Wetlands r Buffer r Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Lin Xu Project Information ................................................................................... ID#:* 20180665 Existing IDY Project Type: Project Name: County: r Yes r No Email Address:* lin.xu@ncdenr.gov Version:*1 Existing Version F DMS r Mitigation Bank Alexander Farm Mitigation Site Mitigation Project Alexander Document Information Mitigation Document Type:* Mitigation Plans File Upload: Alexander Farm Approval Letter and Comment 408.5KB Responses.pdf AlexanderFarm 100048_MP_2019optimized.pdf 47.44MB AlexanderFarm401 COffice.pdf 48.67KB AlexanderFarm401 FeeMemo.pdf 44.83KB AlexanderFarmPCN.pdf 2.39MB eApproval Letter_ Alexander Farm_SAW-2018- 226.67KB 00451. pdf Rease upload only one RDF of the conplete file that needs to be subrritted... Signature Print Name:* Lin Xu Signature: 0"0o Office Use Only: Corps action ID no. o DWQ project no. i ,. Form Version 1.3 Dec 10 2008 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit ❑Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: No. 27 or General Permit (GP) number. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit: because written approval is not required? Certification: ❑ Yes ® No ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation ❑ Yes ® No of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ® No below. 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Alexander Farm Mitigation Site 2b. County: Alexander 2c. Nearest municipality / town: Stony Point, NC 2d. Subdivision name: I N/A 2e. NCDOT only, T.I.P. or state project no: N/A 13. Owner Information 3a. Name(s) on Recorded Deed: Jennifer Combs, Scott Combs, Polly Van Hoy, & Henry Van Hoy 3b. Deed Book and Page No. DB: 0551 PN: 1186 3c. Responsible Party (for LLC if applicable): North Carolina Department of Environmental Quality (NCDEQ) — Division of Mitigation Services (DMS) Contact: Lin Xu, Project Review Coordinator 3d. Street address: 217 West Jones Street, Suite 3000A 3e. City, state, zip: Raleigh, NC 27603 3f. Telephone no.: 919-707-8319 3g. Fax no.: 3h. Email address: lin.xu@ncdenr.gov Page 1 of 14 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Permittee 4b. Name: Lin Xu 4c. Business name (if applicable): NCDEQ - DMS 4d. Street address: 217 W. Jones St, Suite 3000A 4e. City, state, zip: Raleigh, NC 27603 4f. Telephone no.: 919-707-8319 4g. Fax no.: 4h. Email address: lin.xu@ncdenr.gov 5. Co -Applicant Information (if applicable) 5a. Name: Aaron Earley 5b. Business name Wildlands Engineering, Inc. (if applicable): 5c. Street address: 1430 South Mint Street, Suite 104 5d. City, state, zip: Charlotte, NC 28203 5e. Telephone no.: 704-332-7754 5f. Fax no.: 704-332-3306 5g. Email address: aearley@wildlandseng.com Page 2 of 14 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PIN: 3775048774 1 b. Site coordinates (in decimal degrees): Latitude: 35.811767 Longitude:-81.120683 1 c. Property size: 21 acres (project area) 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Elk Shoals Creek proposed project: 2b. Water Quality Classification of nearest receiving water: WS-IV 2c. River basin: Catawba River (03050101) 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project area is located within a rural watershed in southeastern Alexander County, NC. Land use in and immediate adjacent to the project area is primarily pasture and forest. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 1.71 acres within the project area. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 6,958 LF within the project area. 3d. Explain the purpose of the proposed project: The project proposes to restore, enhance, and preserve 6,940 LF of stream channel involving two unnamed tributaries (UT1 & UT1A) to Elk Shoals Creek. The project will generate stream mitigation units for the North Carolina Department of Environmental Quality Division of Mitigation Services. 3e. Describe the overall project in detail, including the type of equipment to be used: The project proposes 4,577 LF of stream restoration, 1,463 LF of stream enhancement, and 718 LF of stream preservation. Stream restoration will be achieved through natural channel design. Stream restoration activities include Priority 1 and Priority 2 approaches. Priority 1 restoration will involve the excavation of new channels within existing floodplain and Priority 2 will involve the excavation of new channel and floodplain. Both approaches will include installation of instream structures including constructed riffles, boulder sills, log sills, lunker logs, j-hooks, brush toe, and geolitfts for channel stability and habitat. Stream enhancement (Enhancement II) will generally involve localized channel and/or bank grading and installation of instream structures. Restoration and enhancement work will also involve fencing out cattle, invasive plant removal, and planting of a native riparian buffer. Excavators will be used for channel and floodplain excavation as well as for bank grading, while articulated and track trucks will be used for hauling soil. Small equipment such as mini excavators and skid steers may also be used during grading activities. A conservation easement has been recorded on the project area. See Section 7 of the mitigation plan for additional design information. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ® Yes ❑ No ❑ Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Ian Eckardt & Charlie Neaves Other: Wildlands Engineering, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A Preliminary Jurisdictional Determination (PJD) (SAW 2018-00451) was issued by Amanda Jones of the USACE on 7/3/2019. A copy of the PJD is included in Appendix 2 of the mitigation plan. Page 3 of 14 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History S. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No El Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 4 of 14 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non-404, other) (acres) Temporary W1 — Wetland A ®P❑T Floodplain Fill Headwater Forest ❑ Yes ®No ® Corps ®DWQ 0.006 W2 — Wetland B [DP❑T Floodplain Fill Headwater Forest ❑ Yes ®No ® Corps ®DWQ 0.009 W3 — Wetland C ❑P0T Minor grading Headwater Forest El Yes ®No ® Corps ®DWQ 0.002 W4 — Wetland C ® P E] T Floodplain Fill Headwater Forest El Yes ® No ® Corps ® DWQ 0.003 W5 — Wetland D 0P❑T Floodplain Fill Headwater Forest E] Yes ®No ® Corps ®DWQ 0.004 W6 — Wetland D ®P ❑ T Excavation - Stream Headwater Forest Yes No � Corps ®DWQ 0.016 Restoration W7 — Wetland D ❑P0T Minor grading Headwater Forest ❑ Yes ®No ® Corps ®DWQ 0.054 W8 — Wetland D ®P ❑ T Excavation - Stream Headwater Forest El Yes ®No ®Corps ®DWQ 0.024 Restoration W9 — Wetland E ®P ❑ T Excavation - Stream Headwater Forest ❑Yes ® No ®Corps ® DWQ 0.022 Restoration W10 — Wetland E ❑P0T Minor grading Headwater Forest El Yes ®No ® Corps ®DWQ 0.037 W11 — Wetland E ❑ P ®T Minor grading Headwater Forest El Yes ® No ® Corps ® DWQ 0.023 W12 — Wetland M ®P ❑ T Excavation - Stream Headwater Forest El Yes ® No ®Corps ® DWQ 0.013 Restoration W13 — Wetland N ®P ❑ T Excavation - Stream Headwater Forest ❑ Yes ®No ®Corps ®DWQ 0.013 Restoration W14 — Wetland N ❑ P ®T Minor grading Headwater Forest El Yes ® No ® Corps ® DWQ 0.113 W15 — Wetland N ®P [I T Excavation - Stream Headwater Forest ❑Yes ®No ®Corps ®DWQ 0.017 Restoration W16 — Wetland N ❑ P ®T Minor grading Headwater Forest ❑ Yes ® No ® Corps ® DWQ 0.006 Page 5 of 14 PCN Form — Version 1.3 December 10, 2008 Version W17 — Wetland N ®P ❑ T Excavation - Stream Headwater Forest ❑ Yes ER No ® Corps 0.018 Restoration ® DWQ W18 — Wetland N ❑PERT Minor grading Headwater Forest ❑ Yes 0No ® Corps ®DWQ 0.008 W19 — Wetland N ❑PERT Minor grading Headwater Forest ❑ Yes ERNo ® Corps ®DWQ 0.007 W20 — Wetland N ® P ❑ T Excavation - Stream Headwater Forest ❑ Yes ER No ® Corps ER DWQ 0.022 Restoration W21 — Wetland N ❑PERT Minor grading Headwater Forest El Yes ERNo ER Corps ®DWQ 0.048 W22 — Wetland Q ER P El Fill - Stream Restoration Headwater Forest El Yes ER No ® Corps ® DWQ 0.022 W23 — Wetland R ❑PERT Minor grading Headwater Forest ❑ Yes ®No ® Corps ®DWQ 0.012 2g. Total wetland impacts 0.500 2h. Comments: Stream restoration and enhancement will impact project wetlands; however, these activities are designed to have an overall long-term positive ecological effect using natural channel design techniques throughout to restore and improve stream and wetland function and habitat and establish flood storage. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non-404, width (linear Temporary () (INT)? other) (feet) feet) S1 ER P ❑ T Relocation - UT1 Reach 1A ® PER ® Corps 6 838 Restoration ❑ INT ® DWQ S2 ER P❑ T Relocation - Restoration UT1 Reach 1 B ER PER ❑ INT ER Corps ER DWQ 6 1,084 S3 ER P ❑ T Culvert UT1 Reach 1 B/2 ® PER ❑ INT ® Corps ER DWQ 6 36 S4 ER P ❑ T Excavation — UT1 Reach 2 ER PER ® Corps 6 19 Enhancement ❑ INT ER DWQ S5 ❑ PERT Tie-in Grading & Construction UT1 Reach 2 ER PER ER Corps 6 20 Access ❑ INT ER DWQ S6 ER P ❑ T Fill - UT1 Reach 2 ® PER ER Corps 6 47 Enhancement ❑ INT ER DWQ S7 ❑PERT Tie-in Grading & Construction UT1 Reach 2 ® PER ER Corps 6 22 Access INT ®DWQ S8 ❑ P ER T Construction UT1 Reach 2 ER PER ® Corps 6 17 Crossing [I INT ® DWQ S9 ❑PERT Tie-in Grading & Construction UT1 Reach 3 ER PER ER Corps 8 34 Access ❑ INT ER OWQ S10 ER P ❑ T Relocation — Restoration UT1 Reach 4A ER PER ❑ INT ER Corps ER DWQ 8 1,298 S11 ER P ❑ T Relocation — Restoration UT1 Reach 4B ER PER ❑ INT ER Corps ER DWQ 8 1,546 S12 ER P ❑ T Relocation — 1 UT1A ❑ PER ER Corps 4 122 Enhancement ER INT ER DWQ Page 6 of 14 3h. Total stream and tributary impacts 5,083 3i. Comments: Stream restoration and enhancement will impact project channels; however, these activities are designed to have an overall long-term positive ecological effect using natural channel design techniques throughout to restore and improve stream function and habitat and establish flood storage. 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number — Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 ❑P❑T 02 ❑P❑T 03 ❑P❑T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 7 of 14 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. ❑ Neuse ❑ Tar -Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason for Buffer Zone 1 impact Zone 2 impact Permanent (P) or impact Stream name mitigation (square feet) (square feet) Temporary required? 61 ❑P❑T El Yes ❑ No B2 ❑P❑T ❑Yes ❑ No B3 ❑ P ❑ T ❑. Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 8 of 14 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Stream restoration and enhancement will impact project channels during construction; however, these activities are designed to have an overall long-term positive effect using natural channel design techniques through to restore and improve stream function and habitat and establish flood storage. Stream impacts were avoided or minimized to project reaches that exhibit less instability and incision. These reaches are generally proposed for preservation or enhancement II. Enhancement II will involve localized channel stabilization, fencing out cattle, removing invasive plant species, and planting native riparian species. Stream alignments of restoration reaches were designed to avoid existing wetlands as much as possible and minimize grading impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. To minimize sedimentation to aquatic systems, project construction will be conducted in the dry as much as possible through offline construction and/or the implementation of pump around techniques when working in a live stream. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting and planting and seeding the buffer area, with native riparian species. During construction, the number of temporary crossings (mud mats) were minimized and crossings will be perpendicular to streams to minimize crossing footprints. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for ❑ Yes ® No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this ❑ Payment to in -lieu fee program project? ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter] Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan Page 9 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. S. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ® No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 10 of 14 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: The project is in the Catawba River Watershed (HUC 03050101). In the ❑ Yes ❑ No Catawba River basin only the mainstem of the Catawba River is subject to NC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project involves the restoration, enhancement, and preservation of on -site jurisdictional streams. Impervious surfaces will not be added as a result of the project. The conservation easement will be seeded and planted with native riparian species post -construction to provide a permanent riparian buffer along project streams. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs El USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 11 of 14 PCN Form —Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal/state/local) funds or the ®Yes El No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ® Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ® Yes ❑ No Comments: The approved Categorical Exclusion is in Appendix 5 of the mitigation plan. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes Z No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This is a stream mitigation project that will not cause an increase in development nor will it negatively impact downstream water quality. The project area will be protected in perpetuity from future development through a conservation easement. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Page 12 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The U.S. Fish and Wildlife (USFWS) database was utilized to identify listed Threatened and Endangered plant and animal species for Alexander County, NC. There are four federally protected species listed for Alexander County including the bald eagle (Haliaeetus leucocephalus), the bog turtle (Glyptemys muhlenbergh), dwarf -flowered heartleaf (Hexastylis nari flora), and the northern long-eared bat (Myotis septentrionalis). A pedestrian survey conducted on September 7, 2017, indicated that the Site provides potential habitat for the bog turtle, dwarf -flowered heartleaf, and potential summer roosting for northern long-eared bat (NLEB), but no individuals were located at the time. A letter requesting comment from the USFWS was sent on February 16, 2018. No response from the USFWS was received within the 30-day response period. Therefore, the signing of the NLEB 4(d) Rule Streamlined Consultation Form by the Federal Highway Administration (FHWA) determines that this project may affect the NLEB, but that any resulting incidental take of the NLEB is not prohibited by the final 4(d) rule. A FHWA signed 4(d) consultation form and the correspondence associated with this determination are included in the Appendix 5 of the mitigation plan. Approximately 3.6 acres of existing trees will be cleared for project construction. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? The NOAA Essential Fish Habitat (EFH) Mapper (https•//www.habitat.noaa.gov/application/efhmapper/index.htmq was reviewed to determine the project will not impact Essential Fish Habitat. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? The NC State Historic Preservation Office (SHPO) was contacted on February 16, 2018 for review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with the stream restoration project. SHPO responded on March 22, 2018 and stated they were aware of "no historic resources which would be affected by the project" and would have no further comment. All correspondence is included in Appendix 5 of the mitigation plan. Page 13 of 14 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The stream and floodplain grading within the regulatory floodplain of Elk Shoals Creek (UT1 Reach 4) will be designed to achieve a no-dse condition. A floodplain development permit has been obtained from the Alexander County floodplain administrator. The proposed design associated with the Site has limited or no risk of potential hydrologic trespass since UT1 originates on -site. In addition, wide buffers adjacent to project streams are protected under conservation eliminating the risk to adjacent farm fields. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Insurance Rate Map (FIRM) Panel 37?5J for Alexander County, NC on the North Carolina Flood Risk Information System (FRIS) website (https://his.nc.gov/fris/download.aspx?ST=NC). LiXu Project Review Coordinator � NCDEQ - DMS Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization -letter from the applicant Is rovided. Aaron Earley Wildlands Engineering Co-Applicant/Age s Signature Go -Applicant's Printed Name (Agent's signature is valid only if an authorization letter from the applicant Date - is provided.) Page 14 of 14 r_____———-, Figure 1.1 1 }; I y 6 UT1,Reach 1A � * I 1 � 1 I I i f------� UTP Reach 1B q 1 1 I L._r_....____� —__f I r I 1 + � r f A --�-r UT1 Reach 2 I I 1 ! �i;ure 1.31 I 1. R _ _ � I 1 I UT1 Reach 31 Figure 1.4� M s- 1 1 UT1 Reach 4A 1 UT1 A 1 f 1 ' I U T7 Rea _Project Parcel{ 1 Proposed Conservation Easement1 Wetlands 1 r7 ExistingWetlan. ImDactsi _ R g} k F9k 5 .`, ¢ �:Ir t zM 2g14Aerial P,otography 10 V" ry oil A r� 'u PO-rs�anvn# S2 - 1,084 LF .l�# Permanent r V 4 ! Ate +- �"d i I, ent M C � 1 VWILD LAND S &I ENGINEERING Figure 1.1: PCN Impact Map 0 100 200 Feet Alexander Farm Mitigation Site I t I Catawba River Basin (03050101) Alexander County, NC W I L D L A. N D S 0 100 200 Feet ENGINEERING I i I i 1 Figure 1.2: PCN Impact Map Alexander Farm Mitigation Site Catawba River Basin (03050101) Alexander County, NC ..N x. ,A "�*�`} � - � as !• . i. . - ?� �s tufts • ermanerat r' 17 Vt It Ve l i a. .. y v. r �` S [ }{f ��, * .. 5 _ [ d3 $ ,� ,tom. • :� a.-.i.'. yLR 7 r ` y1y, AV �}"'. �" a tr" : Y u-: t _. ,� x, �' F Y ✓J _ i 1l '�� - Project Parcel Proposed Conservation Easement ��yj� ` _ _ ,\7� +. ' , Existing Wetlands II'iil' s�,5, ` tih Yi�e'�;` Wetland Impacts (W#)9. Jr A. I, Perennial Project Stream- r J . Intermittent Project Stream Stream Impacts S#' • Stream Impact Break Points" y •'k, .}{` O Reach Breaks $t2- -2ZLF Permanent. titl �. Figure 1.3: PCN Impact Map WILD LANDS 0 100 200 Feet Alexander Farm Mitigation Site ENGINEERING Catawba River Basin (03050101) Alexander County, NC N im d ^n6 ro UTIA = ,! = m UT1 Reach 4A Ar s Y '�a� i.+�• to s. P UT1 Reach 4B— �, r- : 4 jw &! j-.4e • s. A Proposed BMP �a A�' r AL .1 441 tT - - - . / 1 _ Ili . 4 _ ii►',,�° ! o, 'T 1 • ntl `Y• of - u '� '� . �.� N� x � •. P'. i - { .. � 7 y �.'�""'� .5 �` Iry l,. • • (' - fie.. �j}. ,�. qy 2014 Agra! Photography DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: CESAW-RGBrowning MEMORANDUM FOR RECORD August 19, 2019 SUBJECT: Alexander Farm Mitigation Site - NCIRT Comments during 30-day Mitigation Plan Review PURPOSE: The comments listed below were received during 30-day comment period in accordance with Section 332.8(g) of the 2008 Mitigation Rule in response to the Notice of NCDMS Mitigation Plan Review. NCDMS Project Name: Alexander Site, Alexander County, NC USACE AID#: SAW-2018-00451 NCDMS #: 100048 30-Day Comment Deadline: August 16, 2019 DWR Comments, Mac Haupt and Erin Davis: 1. DWR accepts the credit ratios proposed in the April 16, 2018 Memorandum. 2. There are numerous wetland areas on site and DWR would propose to Wildlands that they extend out the easement to contain rest of wetland "E" and all of wetland "P". 3. In addition, there are two areas where the designed stream is being built through wetlands and DWR requires a wetland gauge at the following locations: a. Design sheet 2.1.4 - station 116+00 stream right, and b. Design sheet 2.1.10 — station 142+25 stream right 4. DWR appreciates the work done on reach UT1A, Design Sheet 2.2.1, and the rock cascade on Design sheet 2.3.1. 5. Were drain tiles found at the downstream end on the left floodplain? And if so, were the drain tiles eliminated? USACE Comments, Kim Browning: 1. The USACE ID for the cover page and page (i) is SAW-2018-00451. 2. It was noted that future logging adjacent to the preservation area is planned and that an additional 30'-50' buffer setback will be implemented to filter runoff. Please provide more information and analysis regarding potential future development and possible encroachment around the site (such as easement or culvert maintenance), and how you propose to address these concerns, and how they may affect the easement. a. Who will be responsible for the culvert maintenance? Please specify in LTM plan. 3. Section 5.3 and Table 7: There are several reaches of stream restoration proposed (1B, 4A, 4B) that will impact existing wetlands. Please describe how you will ensure that no functional loss/loss of waters occurs. Specifically, will the 0.17 acres of permanent impacts be recuperated adjacent to the newly raised stream channel through Priority 1 restoration? Additionally, there appear to be several more wetlands shown on the JD Map that are not captured on Figure 9. a. It would be beneficial to add some coarse woody debris to the depressional areas and throughout the adjacent wetlands for habitat, and to help store sediment, increase water storage/infiltration, and absorb water energy during overbank events. 4. The IRT site walk indicated that several pockets of adjacent wetlands were present and should be included within the easement. It appears that there are a few small wetlands that are not included in the easement boundary, please explain, especially if cattle will have access to these areas and cause potential future runoff impacts to the buffer. a. The IRT also noted that wetland gauges should be installed to collet pre -data. Was this conducted? If so please explain and note on the monitoring map (figure 10). 5. Design Sheets: Regarding stream crediting, the USACE Mitigation Credit Calculation Memo released October 5, 2017, states "When existing stream length measurements are conducted for the purposes of determining credit during mitigation plan development (e.g., measuring existing enhancement or preservation reaches), the center of the wetted perimeter (using base flow conditions) should be used....For restoration reaches or any other approach where the stream will be built in a new location, credit amounts should be based on the center of the designed channel as shown in the plan sheet." a. It's difficult to discern at the scale shown, but for the restoration reaches downstream of the preservation reach, it appears that the thalweg was used. The restoration reaches should be based on the center of the newly designed channel, not on the thalweg as currently shown on the plan maps. b. Stream lengths and credit calculations should be revised based on the above. 6. It would be helpful to depict photo points/digital image stations on Figures 10. If the fixed cross-section locations are to be used, please describe that in the text. 7. Section 4.4 and 7.6.7: An agricultural BMP is planned within the easement; please describe any maintenance required, if applicable. 8. Please discuss how fescue will be treated in conjunction with buffer establishment. 9. Section 8.2: Please remove the statement regarding terminating veg monitoring if performance standards are met early. Monitoring should occur for 7 years. Also, please list the proposed planting timeframe in Section 7.7. 10. General comment: In the future, when NCSAM or other functional assessment methods are used, please describe the results summary in the text. 11. Appendix 5: It is beneficial to review the categorical exclusion documents prior to receiving the final mitigation plan. Please include an estimate of trees to be cleared in the PCN in relation to NLEB habitat. 12. Appendix 11: NCDMS has recently requested that all previously mentioned As -Built reports will now be referred to as Record Drawing. Please verify this with DMS and correct as advised. 13. ATV paths were mentioned in the text on UT1 Reach 3. I understand that the landowner was advised that these paths will not be accessible for ATV use, but will these paths remain and be maintained? If so, please describe, and depict on Figure 9/10. Kim Browning Mitigation Project Manager Regulatory Division witl,v WILDLANDS ENGINEERING October 10, 2019 Ms. Kim Browning US Army Corps of Engineers — Wilmington District 3331 Heritage Trade Dr, Ste. 105 Wake Forest, NC 27587 RE: Alexander Farm Mitigation Site Response to NCIRT Mitigation Plan Review Comments USACE Action ID No. SAW-2018-00451 Dear Ms. Browning: Wildlands Engineering, Inc. (Wildlands) has reviewed USACE's and NCDWR's comments on the Alexander Farm Mitigation Plan dated August 19, 2019. The following Wildlands responses to USACE's and NCDWR's comments are noted below. NCDWR comments received by Wildlands on 08.19.2019 1. DWR accepts the credit rations proposed in the April 16, 2018 Memorandum. 2. There are numerous wetland areas on site and DWR would propose to Wildlands that they extend out the easement to contain rest of wetland "E" and all of wetland V". Wildlands Response: The conservation easement was adjusted in these locations to include wetlands "E" and "P". 3. In addition, there are two areas where the designed stream is being built through wetlands and DWR requires a wetland gauge at the following locations: a. Design sheet 2.1.4 —station 116+00 stream right, and b. Design sheet 2.1.0 —station 142+25 stream right Wildlands Response: A wetland gauges were added to the monitoring plan in these locations. We do want to point out that since no wetland credits are being sought, no pre -construction data was collected for any wetlands. There will be no way to compare impact or uplift of these wetlands. 4. DWR appreciates the work done on reach UT1A, Design Sheet 2.2.1, and the rock cascade on Design sheet 2.3.1 Wildlands Response: You're welcome. 5. Were drain tiles found at the downstream end on the left floodplain? And if so, were the drain files eliminated? Wildlands Response: Wildlands found no drain tiles during the existing conditions assessment and is currently not aware of any drain tiles located on the site. USACE Comments received by Wildlands on 08.19.2019 1. The USACE ID for the cover page and page (i) is SAW-2018-00451 Wildlands Response: The USACE Action ID number was added to the cover page and page (i) of the mitigation report. It was also added to the cover sheet of the plans. IT was noted that future logging adjacent to the preservation area is planned and that an additional 30'-50' buffer setback will be implemented to filter runoff. Please provide more information and analysis regarding potential future development and possible encroachment around the site (such as easement or culvert maintenance), and how propose to address these concerns, and how they may affect the easement. Wildlands Response: Vernal pools are proposed within the easement at the concentrated runoff locations adjacent to the logging area. This will help capture sediment from logging operations. Wildlands will visit the site during logging operations to ensure they are staying within agreed setback limits and have installed proper BMPs. The landowner has stated multiple times that they intend to keep this land as a family farm indefinitely and have no plans for development. a. Who will be responsible for the culvert maintenance? Please specify in LTM plan. Wildlands Response: Wildlands will be responsible for culvert maintenance during the seven year monitoring period. After monitoring, the landowner will be responsible for culvert maintenance. The Long Term Management plan was revised to include this clarification. Section 5.3 and Table 7. There are several reaches of stream restoration proposed (18, 4A, 48) that will impact existing wetlands. Please describe how you will ensure that no functional loss/loss of waters occurs. Specifically, will the 0.17 acres of permanent impacts be recuperated adjacent to the newly raised stream channel through Priority 1 restoration? Additionally, there appear to be several more wetlands shown on the JD Map that are not captured on Figure 9. It would be beneficial to add some coarse woody debris to the depressional areas and throughout the adjacent wetlands for habitat, and to help store sediment increase water storage/infiltration and absorb water energy during overbank events. Wildlands Response: The existing wetlands that will be impacted by stream restoration activities are currently impacted by cattle grazing and trampling. Priority 1 restoration will allow for the stream to be raised, which will raise the water table helping to restore or enhance the adjacent wetlands. Wildlands will take precautionary measures to protect the existing wetlands, including the installation of safety fence to establish grading limits adjacent to the wetlands. Wildlands will use the project's proposed stream flow pressure transducers or crest gauge to show that stream flooding is enhancing surface hydrology on the floodplain adjacent to project reaches. Figure 10 shows all the delineated wetlands that are shown on the JD Figure. The symbology was changed to make it more visible on the figure. A symbol for large woody debris was added to the plans and placed within the proposed vernal pools. 4. The IRT site walk indicated that several pockets of adjacent wetlands were present and should be included within the easement. It appears that there are a few small wetlands that are not included in the easement boundary, please explain, especially if cattle will have access to these areas and cause potential future runoff impacts to the buffer. Wildlands Response: The conservation easement was adjusted in two locations to include wetlands near the easement boundary. The IRT also noted that wetland gauges should be installed to collet pre -data. Was this conducted? If so please explain and note on the monitoring map (Figure 10). Wildlands Response: The comment during the IRT site walk was made assuming wetland credits would be claimed. Since the decision was made not to pursue wetland credits, pre -construction gage data was not required or collected. Design Sheets: Regarding stream crediting, the USACE Mitigation Credit Calculation Memo released October 5, 2017, states "When existing stream length measurements are conducted for the purpose of determining credit during mitigation plan development (e.g., measuring existing enhancement or preservation reaches), the center of the wetted perimeter (Using base flow conditions) should be used.... For restoration reaches or any other approach where the stream will be built in a new location, credit amounts should be based on the center of the newly designed as shown in the plan sheet." It's difficult to discern at the scale shown, but for the restoration reaches downstream of the preservation reach it appears that the thalweg was used. The restoration reaches should be based on the center of the newly designed channel, not on the thalweg as currently shown on the plan maps. b. Stream lengths and credit calculations should be revised base on the above. Wildlands Response: The design centerline was used to calculate credits for all restoration reaches per standard practice. The surveyed centerline was used to calculate credits on all enhancement reaches. 6. It would be helpful to depict photo points/digital image stations on Figures 10. If the fixed cross- section locations are to be used, please describe that in the text. Wildlands Response: Figure 10 has been updated to show approximate locations of fixed photo points for post -construction monitoring. These locations may be adjusted in the baseline monitoring report. Section 4.4 and 7.6.7. An agricultural BMP is planned within the easement; please describe any maintenance required, if applicable. Wildlands Response: Maintenance requirements for the BMP were added to Appendix 8. 8. Please discuss how fescue will be treated in conjunction with buffer establishment. Wildlands Response: Detailed treatment of fescue was added to Appendix 6. 9. Section 8.2: Please remove the statement regarding terminating veg monitoring if performance standards are met early. Monitoring should occur for 7 years. Also, please list the proposed planting timeframe in Section 7.7. Wildlands Response: The early termination statement was removed from Section 8.2. A planting timeframe was added to Section 7.7. 10. General comment: In the future, when NCSAM or other functional assessment methods are used, please describe the results summary in the text. Wildlands Response: Wildlands will consider explaining the results from the NCSAM or other functional assessment methods and relating it functional uplift potential in future mitigation plans. 11. Appendix 5: It is beneficial to review the categorical exclusion documents prior to receiving the final mitigation plan. Please include an estimate of trees to be cleared in the PCN in relation to NLEB habitat. Wildlands Response: Wildlands will include the categorical exclusion documents along with the agency scoping letters with final NCIRT mitigation plan submittal. Based on the Northern Long -Eared Bad (NLEB) 4(d) Rule Streamlined Consultation Form, the estimated total acres of forest conversion from April 1 to October 31 is 3.6 acres. This acreage is included in the PCN. 12. Appendix 11: NCDMS has recently requested that all previously mentioned As -Built reports will now be referred to as Record Drawing. Please verify this with DMS and correct as advised. Wildlands Response: In our recent experiences with DMS, the as -built report is now referred to as Baseline Monitoring Report and the as -built drawings are now referred to as Record Drawings. Appendix 11 was revised to reflect this nomenclature. 13. ATV paths were mentioned in the text on UT1 Reach 3. 1 understand that the landowner was advised that these paths will not be accessible for ATV use, but will these paths remain and be maintained? If so, please describe, and depict on Figure 9110. Wildlands Response: Wildlands does not plan to maintain the paths along UT1 Reach 3. Please contact me at 704-332-7754 if you have any questions. Sincerely, Aaron Earley, PE, CFM Project Manager aearley@wildlandseng.com 4 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director NORTH CAROLINA Environmental Quality October 22, 2019 Mac Haupt, Acting 401 & Buffer Permitting Unit Supervisor Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699 - 1617 Re: Permit Application- Alexander Farm Mitigation Site Mitigation Project, Alexander County (DMS Full Delivery Project) Dear Mr. Haupt: Attached for your review is 404/401 permit application package for the subject project. A memo for the permit application fee is also included in the package. Per agreement between DMS and DWR, the hard copy of the final mitigation plan is not included in the submittal. However, the electronic copy of the final mitigation plan along with all other electronic files have been uploaded to NC DWR's file system. Please feel free to contact me with any questions regarding this plan (919-707-8319). Thank you very much for your assistance. Sincerely Lin Xu Attachment: 404/401 Permit Application Package Permit Application Fee Memo e:!Or--fL FWty2r, North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director MEMORANDUM: TO: FROM: SUBJECT: DATE: NORTH CAROLINA Environmental Quality Debby Davis Lin Xu �x Payment of Permit Fee 401 Permit Application October 22, 2019 The Division of Mitigation Services (DMS) is implementing a mitigation project for Alexander Farm Mitigation Site Mitigation Project in Alexander County (DMS IMS # 100048). The activities associated with this restoration project involve stream restoration related temporary stream and wetland impact. To conduct these activities, the DMS must submit a Pre -construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2981, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919-707-8319. Thanks for your assistance. cc: Mac Haupt, DWR North Carolina Department of Environmental Quality I Division of Mitigation Services 217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 September 5, 2019 Regulatory Division Re: NCIRT Review and USACE Approval of the NCDMS Alexander Farm Site / Alexander County / SAW-2018-00451; NCDMS Project 9 100048 Mr. Tim Baumgartner North Carolina Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 Dear Mr. Baumgartner: The purpose of this letter is to provide the North Carolina Division of Mitigation Services (NCDMS) with all comments generated by the North Carolina Interagency Review Team (NCIRT) during the 30-day comment period for the Alexander Farm Draft Mitigation Plan, which closed on August 16, 2019. These comments are attached for your review. Based on our review of these comments, we have determined that no major concerns have been identified with the Draft Mitigation Plan, which is considered approved with this correspondence. However, several minor issues were identified, as described in the attached comment memo, which must be addressed in the Final Mitigation Plan. The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN) Application for Nationwide permit approval of the project along with a copy of this letter. Issues identified above must be addressed in the Final Mitigation Plan. All changes made to the Final Mitigation Plan should be summarized in an errata sheet included at the beginning of the document. If it is determined that the project does not require a Department of the Army permit, you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the appropriate USACE field office at least 30 days in advance of beginning construction of the project. Please note that this approval does not preclude the inclusion of permit conditions in the permit authorization for the project, particularly if issues mentioned above are not satisfactorily addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but this does not guarantee that the project will generate the requested amount of mitigation credit. As you are aware, unforeseen issues may arise during construction or monitoring of the project that may require maintenance or reconstruction that may lead to reduced credit. Thank you for your prompt attention to this matter, and if you have any questions regarding this letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at 919-554-4884, ext 60. Sincerely, Digitally signed by BROWN ING•KIMBERLY• BROWNINGNIVIBERLY.DANIELLE. DAN I ELLE.1527683510 1527683510 Date: 2019.09.05 14.19:55-04'00' Kim Browning Mitigation Project Manager for Tyler Crumbley Enclosures Electronic Copies Furnished: NCIRT Distribution List Paul Wiesner, Harry Tsomides— NCDMS Shawn Wilkerson, Aaron EarleyWEI