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Home My WebLink About20200347 Ver 1_B-5825 Mitigation packet_20200306ROY COOPER Governor MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director Mr. Philip S. Harris, III, P.E. Environmental Analysis Unit North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: NORTH CAROLINA Environmental Quality March 4, 2020 Subject: Mitigation Acceptance Letter: B-5825, Replace Bridge Number 35 over the Yadkin River on NC 67, Yadkin County The purpose of this letter is to notify you that the Division of Mitigation Services (DMS) will provide the compensatory wetland mitigation for the subject project. Based on the information supplied by you on March 2, 2020, the impacts are located in CU 03040101 of the Yadkin River basin in the Central Piedmont (CP) Eco-Region, and are as follows: Yadkin Stream Wetlands Buffer (Sq. Ft.) 03040101 CP Cold Cool Warm Riparian 0.11 Non- Riparian 0 Coastal Marsh 0 Zone 1 0 Zone 2 0 Impacts (feet/acres) 1 0 0 0 *Some of the stream and/or wetland impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit application for details. The impacts and associated mitigation needs were under projected by the NCDOT in the 2020 impact data. DMS will commit to implement sufficient compensatory wetland mitigation credits to offset the impacts associated with this project as determined by the regulatory agencies using the delivery timeline listed in Section F.3.c.iii of the In -Lieu Fee Instrument dated July 28, 2010. If the above referenced impact amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance letter will be required from DMS. If you have any questions or need additional information, please contact Beth Harmon at 919-707-8420. Sincerely, James B. Stanfill DMS Asset Management Supervisor cc: Mr. Monte Matthews, USACE — Raleigh Regulatory Field Office Ms. Amy Chapman, NCDWR File: B-5825 �, D�� __"\.41000�1 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 Brushy Mountain Mitigation Site The Bushy Mountain mitigation site is in western North Carolina. Specifically, the site is located on Macemore Road, three miles south of Elkin, in Yadkin County, North Carolina, within the Yadkin River Basin Cataloging Unit (03040101). In order to offset impacts associated with B-5825, NCDOT will be debiting the Brushy Mountain mitigation site for 764 linear feet. Impacts are shown below in the table. Site Name Stream Type Bank Developer Stream Mitigation Credits (If) B-5825Stream Impacts (lt) B-5825 Mitigation Required Notes 298 LF perm. Impacts to perennial stream @ 2:1 ratio = 596 LF Brushy Warm Restoration 1539 466 764 Mountain Systems 168 LF re -location of Intermittent stream @ 1:1 ratio = 168 LF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 January 24, 2020 Regulatory Division Action ID No. SAW-2017-01463 Re: Monitoring Year 1 Credit Release of the Yadkin 01 Umbrella Mitigation Banking Instrument and Brushy Mountain Mitigation Site Restoration Systems, Inc. Attn: Raymond Holz 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Dear Mr. Holz: This correspondence is in reference to the Yadkin 01 Umbrella Mitigation Bank, Brushy Mountain Mitigation Site Year 1 Annual Monitoring Report received November 25, 2019. The Brushy Mountain Site is located on Macemore Road, three miles south of Elkin, in Yadkin County, North Carolina, within the Yadkin River Basin Cataloging Unit (03040101). This 23.29 acre project involves stream and wetland restoration, enhancement and/or preservation of approximately 5,593 linear feet of stream and 5.31 acres of wetland, with the goal of generating 5,130 Stream Mitigation Units (SMU's) and 4.75 Riparian Wetland Mitigation Units (WMU's). The purpose of this letter is to provide comments on the reports and to confirm the release of credits from the Bank pursuant to the completion of required tasks, as described in Section VII, of the Mitigation Banking Instrument (MBI) for this project. We have reviewed the Year 1 Monitoring Report and did not identify any outstanding concerns associated with overall performance of the bank. We did note several items and recommend that these areas be monitored for future evaluation. A late planting occurred for this site, although monitoring was pushed back to account for this and all vegetation monitoring plots met success criteria, it will be important to monitor success in Monitoring Year 2. Also, 1,000 live stakes were planted along approximately 1,300 linear feet of UT-1 and UT-2 on December 9, 2019 and their success will not be known until at least Monitoring Year 2. Groundwater monitoring gauges were installed at various times during the first monitoring year and several did not meet success criteria. Future monitoring years will help indicate whether this was due to the delayed installation times or whether other issues meeting success criteria become apparent. Finally, some cross-section profiles depict minor incision in riffles or filling in pools which should be monitored for ongoing trends as the newly constructed channels adjust. With regard to the annual credit release, the Mitigation Banking Instrument (UMBI) entitled, Yadkin 01 UMB-Brushy Mountain Mitigation Site, approved January 25, 2019, stipulates that ten percent (10%) of the Bank's total credits for streams shall be available for sale immediately after submittal of the first year monitoring report, provided the channel is stable and all other success measures are met. By copy of this correspondence, we confirm that you have satisfied the above requirements for the Monitoring Year 1 credit release and 513 SMU's and 0.475 WMU's are now available for sale. This total includes 10% of the additional credits as approved in the final mitigation plan for non-standard buffer widths and 10% of stream preservation which was to be released throughout the monitoring period instead of in the initial release. As of the date of this correspondence, a total of 2,052 SMU's and 1.9 WMU's (40% of the Bank's total credit potential) have been released. Thank you for your interest in restoring and protecting waters of the United States. If you have questions regarding this letter, please contact Steve Kichefski, Asheville Regulatory Field Office at steven.l.kichefski@usace.army.mil or telephone (828) 271-7980, Extension 4234. for Electronic Copies Furnished: Todd Bowers — USEPA Mac Haupt — NCDWR Erin Davis — NCDWR Byron Hamstead — USFWS Olivia Munzer — NCWRC Todd Tugwell — USACE Kim Browning — USACE Scott Jones - USACE Sincerely, Scott Jones, Chief Asheville and Charlotte Regulatory Field Offices BRUSHY MOUNTAIN MITIGATION BANK TRANSFER OF CREDIT AFFIDAVIT Permittee: NC DEPARTMENT OF TRANSPORTATION Project Name: Transportation Improvement Projects Compensatory Mitigation Credits: 769.5 stream credits Mitigation Site Debited: Brushy Mountain Mitigation Bank Mitigation Site Info: Located in Yadkin County, Yadkin River Basin, and Cataloging Unit 03040101 and authorized by the Interagency Review Team (IRT) pursuant to the Yadkin 01 Umbrella Stream Mitigation Bank "Mitigation Banking Instrument" (MBI) approved January 23, 2019 (Bank). Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document, associated with the USACE Permittee shown. I also verify that released credits, as approved by the USACE, are currently available at the mitigation site identified above. Mitigation Sponsor Name: Restoration Systems, LLC Name of Sponsor's Authorized Representative: John Preyer /-D 01/29/2019 Sign u of Sponsor's &uthorized Representative Date of Signature BRUSHY MOUNTAIN MITIGATION BANK TRANSFER OF CREDIT AFFIDAVIT Permittee: NC DEPARTMENT OF TRANSPORTATION Project Name: Transportation Improvement Projects Compensatory Mitigation Credits: 769.5 stream credits Mitigation Site Debited: Brushy Mountain Mitigation Bank Mitigation Site Info: Located in Yadkin County, Yadkin River Basin, and Cataloging Unit 03040101 and authorized by the Interagency Review Team (IRT) pursuant to the Yadkin 01 Umbrella Stream Mitigation Bank "Mitigation Banking Instrument" (MBI) approved January 23, 2019 (Bank). Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document, associated with the USACE Permittee shown. I also verify that released credits, as approved by the USACE, are currently available at the mitigation site identified above. Mitigation Sponsor Name: Restoration Systems, LLC Name of Sponsor's Authorized Representative: John Preyer �/- 10/02/2019 Sign ! e of Sponsor's 6Vuthorized Representative Date of Signature