20180786 Ver 1_USACE eApproval Letter SAW-2018-01167_20191122

Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (USA)
<[e-mail]>
Sent: Friday, November 22, 2019 1:27 PM
To: Baumgartner, Tim
Cc: Dow, Jeremiah J; John Hutton; Shawn Wilkerson; Tugwell, Todd J CIV USARMY CESAW
(US); Haupt, Mac; Davis, Erin B; Bowers, Todd; Wilson, Travis W.; Wells, Emily N; Gibby,
Jean B CIV USARMY CESAW (USA); Kim Browning; McLendon, C S CIV USARMY
CESAW (USA); Crumbley, Tyler A CIV USARMY CESAW (USA); Williams, Andrew E CIV
USARMY CESAW (USA); [e-mail]; Merritt, Katie
Subject: [External] eApproval Letter/ NCDMS Sandy Branch Site/ Chatham County/
SAW-2018-01167
Attachments: Draft Mit Plan Comment Memo -Sandy Branch_2018-01167.pdf, eApproval
Letter -Sandy Branch_SAW-2018-01167.pdf
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Mr. Baumgartner,
Attached is the Sandy Branch Draft Mitigation Plan approval letter and copies of all comments generated during the
project review. Please note that this letter approves the Draft Mitigation Plan provided that the Final Mitigation Plan
adequately addresses all comments on the attached memo. Please provide a copy of the Final Mitigation Plan when you
submit the Preconstruction Notice for the NWP 27. If no permit is required to construct the project, please submit a
copy of the Final Mitigation Plan to our office at least 30 days prior to beginning construction. Also, please ensure that a
copy of the Final Mitigation Plan is posted to the NCDMS project documents so that all members of the IRT have access
to the Final plan.
Please let me know if you have any questions about the process or the attached letter.
V/ R,
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 (r)

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
November 4, 2019
SUBJECT: Sandy Branch 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: Sandy Branch Mitigation Site, Chatham County, NC
USACE AID#: SAW-2018-01167
NCDMS #: 100060
30-Day Comment Deadline: October 19, 2019
Erin Davis & Mac Haupt, DWR:
October 11, 2019
1. Page 3, Section 3.3 — Why weren't aerials from 2006 to 2018 reviewed? Google Earth aerials from 2008 and
2009 of the Project Location show clearing of both forested buffers of UT2 upstream of the proposed
restoration reach. Additional clearing of the Project Location immediately adjacent to the proposed easement
is shown on 2017 and 2018 aerials (not shown on plan figure basemaps). Please include a description of recent
Project Location land cover changes.
2. Page 8, Section 3.6 — Please note the NC SAM results in the existing conditions discussion.
3. Page 11, Section 5.3 —
a. The proposed easement break appears like it would lead to clearing of the forested area west of the
easement for access and still require livestock to cross UT1 just upstream of the easement boundary
to arrive at the east pasture. Was an easement break considered where the proposed easement narrows
along Reach 2 (area cleared in 2017-2018) and there appears to be an existing stream crossing
location?
b. DWR recommends a 50-ft setback of the proposed easement from the existing road edge to avoid
potential future transportation easement encroachment requests.
4. Page 21, Section 8.6.1 & Design Plans — The text notes that channel plugs will be constructed. Please show
proposed plug locations on the plan view sheets and include a typical detail. DWR requests plugs be a
minimum of 50 feet wide and include high clay content substrate.
5. Page 24, Section 9.2 — DWR recommends treating woody invasives annually.
6. Page 24, Section 9.4 — As per the 2016 IRT Guidance, the soil temperature needs to be tied to tree bud burst.
DWR requests that the tree species to be used to correlate bud burst with soil temperature for growing season
start be identified in the MYO report.
7. Figure 9 — There is a narrow linear wetland (approximately 5 feet wide) that is being requested for
rehabilitation credit but is not located within the proposed wetland planting zone. Also, was the area between
this linear feature and Reach 1 (Sta. 105+50 — 108+00) considered for wetland re-establishment?

8. Figure 10 —See mark-up of DWR's requested groundwater well gauge location shifts.
9. Appendix 3 — On the provided map, please include all gps soil check points within and outside of the
delineated hydric soil areas in substantiation of the site investigation. Three soil borings are not sufficient for
a detailed baseline report of an 18-acre assessment area.
10. Design Plans — Please show the CE line on all plan view sheets using the assigned legend icon.
11. Sheet 1.05 — Regarding the lunker structure, DWR is ok with trying new bank stabilization techniques.
However, we are a bit concerned about the proposed location adjacent to a wetland with the potential lateral
hydrologic migration impacting structure stability.
12. Sheet 1.08 — An existing culvert crossing of UTI is proposed to be removed near the eastern easement
boundary. Please confirm whether livestock will need to continue to cross UTI to access pasture area. If so,
DWR would like to see a ford or culvert crossing constructed adjacent to the easement to protect UTI as it
enters the project area.
13. Sheets 4.0-4.02 — DWR appreciates the inclusion of a fencing plan with approximated gate locations.
USACE Comments, Kim Browning:
1. The correct USACE Action ID is SAW-2018-01167. Please correct the cover page.
a. When submitting the JD package to the USACE county project manager, please reference the
established Action ID (issued during the Public Notice) to prevent multiple IDs being assigned.
The NWP cannot be authorized if the impacts are not associated with the correct Action ID.
2. Section 4.0: Regarding DWR's comment #1, the project easement does not appear to have had any recent
clearing or channelization; however, UT2 may have impacts due to recent upstream clearing (in 2008 and
2017). It also appears that crossings may have been installed upstream of UT2, and portions of that reach
may have been straightened. While these activities did not occur within the proposed easement, they do
appear to be on the same property parcel. Authorization of the NWP has the potential to be halted if there
are potential violations on the parcel.
3. Section 8.7.2: It would be beneficial to add some coarse woody debris to the depressional areas in the
buffers and throughout the adjacent wetlands for habitat, and to help store sediment, increase water
storage/infiltration, and absorb water energy during overbank events.
4. Section 8.8: Please discuss how fescue will be treated within the buffer establishment area.
5. When submitting the PCN, please include an estimate of the number of trees, or acres, to be cleared for
the NLEB 4(d) Rule.
6. Section 9.2: Please add a vigor standard of seven feet in height for MY5.
7. Table 17: Performance standard 9.1.3 discusses sampling channel substrate material. This section should
reference which goal this is tied to. Additionally, will the performance standard be set specific substrate
size, or simply monitor coarser materials in riffles and smaller particles in pools over the monitoring
period?
8. Design Sheet 2.0: Please cap the planting of green ash to 5% for the Priority 1 floodplain and wetland
planting zones.
9. During the IRT site visit in 2018, drainage tile shards were found in UT 1. Please discuss existing drainage
and tile locations.
10. USFWS responded that their letter from Nov. 8, 2018 would still be applicable. (attached)
BROWNING.KIMBE
Digitally signed by
BROWN INGXlMBERLY.DANIELL
RLY.DANIELLE.152
E.1527683510
7683510
Date: 2019.11.04 16:04:01
-05,00,
Kim Browning
Mitigation Project Manager
Regulatory Division

t
Figure 10 - Monitoring Components Map
W I L D LANDS Sandy Branch Mitigation Site
ENGINEERING 0 150 300 Feet Cape Fear River Basin (03030003)
i I i I i
Chatham County, NC

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
November 8, 2018
Ms. Kim Browning
Wilmington District, U.S. Army Corps of Engineers
Mitigation Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Subject: Sandy Branch Mitigation Site -Chatham County NC
Dear Ms. Browning:
The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above
referenced project. The project, based on the description in your letter to our office, the previous public
notice, and other information is expected to have minimal adverse impacts to fish and wildlife resources.
The proposed Sandy Branch Mitigation Site is proposed to be an addition to the Division of Mitigation
Services In -Lieu -Fee Program Instrument. The site is approximately 16.3 acres, consists of three
unnamed tributaries to Sandy Branch, and occurs off of Elmore Moore Road in Bear Creek, six miles
south of Siler City in Chatham County, North Carolina. The project primarily consists of pastureland
with a small section of sparse forestland, and is utilized by cattle which have caused various stressors to
the stream features on site. The project proposes to restore or enhance approximately 3,039 linear feet
(LF) of tributary stream channel and re-establish an additional 7 acres of riparian wetlands, all of which
will be included within the conservation easement onsite.
We do not have any major concerns with the Sandy Branch Mitigation Site plan as currently proposed,
and think this project could greatly benefit the downstream water quality within Sandy Branch and the
larger Bear Creek. Bear Creek has had recent records (2016) of the federally endangered Cape Fear
Shiner near the confluence of the Rocky River, but has also had state rare or listed mussel and fish species
records in the reaches closer to Sandy Branch. We will continue to be involved in this project through
discussions with the IRT, and will provide additional comments in the future if warranted.
The Service has reviewed available information on federally -threatened or endangered species known to
occur in Chatham County, specifically within the proposed mitigation work area, and downstream of the
unnamed tributaries of Sandy Branch. Federally listed species in Chatham County, North Carolina
include: Red -cockaded woodpecker (Picoides borealis), Cape Fear Shiner (Notropis mekistocholas), and
Harperella (Ptilimnium nodostim); in addition to other at risk species that have been found in this
watershed further downstream, and could occur at other locations in this watershed. We have also
reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which
contains excellent data on the special status species, both federal and state, which can be found here:
https:Hncnhde.natureserve.org/. Our review indicates that no federally listed species under Service
jurisdiction are likely to occur in the project area, or immediately downstream given the current habitat
condition.
In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the

information provided, and other available information, it appears the actions described in the Mitigation
Site plan for Sandy Branch Mitigation Site are not likely to adversely affect federally listed species or
their critical habitat as defined by the ESA. We believe that the requirements of Section 7 (a)(2) of the
ESA have been satisfied for this project. Please remember that obligations under the ESA must be
reconsidered if: (1) new information identifies impacts of this action that may affect listed species or
critical habitat in a manner not previously considered; (2) this action is modified in a manner that was not
considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected
by the identified action.
This letter is also to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a federally -listed
species or designated critical habitat may be affected by a proposed project. For future projects, please
visit the Raleigh Field Office's project planning website at https://www.fws.gov/raleigh/pp.html. If you
are only searching for a list of species that may be present in the project's Action Area, then you may use
the Service's Information, Planning, and Consultation System (IPaC) website to determine if any listed,
proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC
website may be viewed at https://ecos.fws.gov/ipac/. The IPaC web site contains a complete and
frequently updated list of all endangered and threatened species protected by the provisions of the
Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of
concern [1] that are known to occur in each county in North Carolina, and other resources.
The Service appreciates the opportunity to comment on this Sandy Branch Mitigation Site plan. If you
have questions regarding these comments, please contact Emily Wells at 919-856-4520, ext. 25 or by e-
mail at < [e-mail] >.
Sincerely,
eter Benjamin
Field Office Supervisor
[ I I The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no lei*al protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 22, 2019
Regulatory Division
Re: NCIRT Review and USACE Approval of the NCDMS Sandy Branch Mitigation Site / Chatham
Co./ SAW-2018-01167/ NCDMS Project # 100060
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 Sandy Branch Draft Mitigation Plan, which closed on October 19,
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,
signed by
BROWN ING.KIMBERLY. ROWIly ING.KIMBERLY.DANIELLE.15276
DANIELLE.1 52768351 0 83510
Date: 2019.11.22 13:18:13-05'00'
Kim Browning
Mitigation Project Manager
for Tyler Crumbley
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
Jeremiah Dow— NCDMS
John Hutton, Shawn Wilkerson—WEI