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HomeMy WebLinkAbout20131305 Ver 1_Closeout Buffer Summary_20200615ID#* 20131305 Version* 1 Select Reviewer:* Katie Merritt Initial Review Completed Date 06/15/2020 Mitigation Project Submittal - 6/15/2020 Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No Type of Mitigation Project:* r Stream r Wetlands W Buffer r- Nutrient Offset (Select all that apply) Project Contact Information Contact Name:* Melonie Allen Project Information .................................................................................................................................................................. ID#:* 20131305 Existing IDY Project Type: r DMS r Mitigation Bank Project Name: Agony Acres County: Guilford Document Information Email Address:* melonie.allen@ncdenr.gov Version: *1 Existing Version Mitigation Document Type:* Mitigation Closeout Report File Upload: Agony Acres Buffer Summary.pdf 11.71 MB Rease upload only one RDFcf the conplete file that needs to be subnitted... Signature Print Name:* Melonie Allen Signature:* NC DMS Closeout Report Project Type: Buffer Mitigation Closeout Year: 2020 Project Name Agony Acres Mitigation Site DMS Project ID 95716 Full Delivery Contract # 004949 Institution/Contract Date 12/4/2012 Basin Cape Fear 8-digit CU 03030002 County Guilford Memo or W.S. calculation Date Planted 12/2014 Date of Supplemental Plant 12/2016 Protection mechanism Agony Acres Property Portfolio Easement Acreage 30.77 Stewards DEQ Stewardship Encroachments & Resolution 2018 NCDOT Sockwell Bridge replacement; no impact to buffer credits Accepted for transfer to stewardship Y – 3/12/2018 Applicabl Buffer Rule (s) CF02: 15A NCAC 02B.0267 NaNon-Diffuse Flow Area Removed Buffer Nitrogen Nutrient Offset Type R RE R RE R RE Totals 6,107.3** 361 N/A N/A N/A N/A 130,680 N/A As-Built Stationing/ Location Existing Footage/ Acreage Approach Mitigation Ratio Credits (SMU/ WMU/BMU) 100+00 to 100+14 40** EII --- --- 100+14 to 103+62; 103+93 to 111+24 1,053** EII 2.5 421.2** 103+62 to 103+93 31 EII --- --- 111+24 to 122+38 1,039 P1 1 1,114 122+38 to 123+31 93 EI 1.5 62 123+31 to 128+50; 129+06 to 137+37 1,350 5 270 128+50 to 129+06 56 --- --- 137+37 to 140+92 355 EII 2.5 142 140+92 to 142+66; 143+20 to 144+06 260 EI 1.5 173 142+66 to 143+20 54 EI --- --- 144+06 to 149+65; 150+20 to 158+94 1,355 P1/2 1 1,433 149+65 to 150+20 65 P1 --- --- 200+00 to 200+05 5 P1 --- --- 200+05 to 202+64; 203+04 to 208+49 738 P1 1 804 202+64 to 203+04 32 P1 --- --- 208+49 to 211+41 292 EII 2.5 117 211+41 to 215+98 457 5 91 215+98 to 216+28 30 EII --- --- 216+28 to 222+78 461 P1 1 650 300+00 to 302+19 243 P1 1 219 400+00 to 404+16; 404+67 to 410+23 975 P1 1 972 404+16 to 404+67 53 P1/2 --- --- --- --- ---1 130,680 Buffer (acres) Upland (acres) Riverine Non-Riverine - -3.0 - - -- - - - - -- - -- N/A: not applicable **Values updated during MY4 to account for DOT culvert replacement project. * Credit calculations were originally calculated along the as-built thalweg and updated to be calculated along stream centerlines as stated in the approved Mitigation Plan for Monitoring Year 3 after discusions with NC IRT. UT2 UT2 (Easement Break) N/A Restoration Footage/ Acreage Enhancement UT1-Reach 1 (Easement Break) UT1-Reach 2 UT1A-Reach 3 (Easement Break) Reach ID Restoration Level Stream (LF) 51 Preservation Enhancement (No Credit) Enhancement Enhancement (No Credit) COMPONENT SUMMATION UT1A-Reach 1 (DOT ROW) UT1-Reach 4 (Easement Break) UT1A-Reach 1 (Easement Break) UT1-Reach 2 UT1-Reach 3 UT1-Reach 4 UT1-Reach 4 UT1-Reach 5 - Restoration Preservation 1,807 - Enhancement (No Credit) Restoration UT1A-Reach 4 Preservation High Quality Preservation Enhancement I 353 Enhancement II 1,700** -- Creation Restoration 5,192 Enhancement - - UT1A-Reach 2 Restoration Restoration (No Credit) Restoration (No Credit) Riparian Wetland (acres) Non-Riparian Wetland (acres) UT1-Reach 5 (Easement Break) Restoration Restoration Enhancement (No Credit) Restoration (No Credit) UT1B Enhancement UT1A-Reach 3 Restoration Restoration (No Credit) 260 54 1,433 55 5 292 Enhancement 40 Table 1. Project Components and Mitigation Credits Agony Acres Mitigation Site (DMS Project No.95716) Monitoring Year 5 - 2019 Stream Riparian Wetland Non-Riparian Wetland Phosphorous Nutrient Offset MITIGATION CREDITS STREAMS PROJECT COMPONENTS 40** Preservation (No Credit) Enhancement 1,053** Restoration or Restoration Equivalent UT1-Reach 1 (DOT ROW) UT1-Reach 1 457 30 804 31 1,114 355 93 Riparian Buffer Area Restoration 3.0 (130,680 ft2) 1,350 UT1-Reach 3 (Easement Break) UT1A-Reach 1 56 972 219 650 RW2RW1RW3RW4 UT1B Reedy Fork S oc kw e l l R o a d U T 2 UT1AReach 1 UT1AReach 2 UT1AReach 3 UT1AReach 4 UT1Reach 1 UT1Reach 2 UT1Reach 3 UT1Reach 4 UT1Reach 5 2018 Aerial Photography Conservation Easement Buffer Restoration Stream Restora tio n Stream Enhancement I Stream Enhancement II Stream Preservation Stream Restora tio n - No Credit Reach Break Figure 2. Project Com ponent/Asset MapAgony Acres Mitigation S iteDMS Project No. 95716Monitoring Year 5 - 2019 Guilford County, NC ¹0 500250 Feet RW2RW1RW3RW4 UT1B S oc kw e l l R o a d 215+00 Sheet 3 Sheet 1 Sheet 2 UT1Reach 1 UT1Reach 2 UT1Reach 3 UT1Reach 4 UT1Reach 5 UT1AReach 4 UT1AReach 3 UT1AReach 1 UT1AReach 2 U T2 Reedy Fork 101+00400+00150+00220+00210+00205+00200+001 5 9 +0 0 1 5 5 +0 0 405+00145+00140+00 135+00 130+00125+00120+00115+00110+00105+00410+002018 Aerial Photography Cros s Section (XS) Reach Break Stream Re storation Stream Enhancement I Stream Enhancement II Stream Preservation Stream Re storation - No Credit Conservation Easement Buffer Restoration Vegetation Plots Figure 3.0 Integrated Current Condition Plan View(Key)Agony Acres Mitigation S iteDMS Project No. 95716Monitoring Year 5 - 2019 Guilford County, NC ¹0 500250 Feet ^_^_^_ ^_ ^_ ^_ ^_ ^_ ^_^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ !A !A !A !A !A RW2RW1RW3RW4 UT1B S oc kw e l l R o a d UT1 XS1 X S 3 XS14 UT1Reach 2 UT1Reach 3 UT1Reach 4 UT1Reach 1 101+00145+00140+00 135+00 130+00125+00120+00115+00110+00105+00PP42 PP30 PP32 PP31 PP29 PP28 PP27 PP26 PP25PP21 PP24 PP23 PP22 PP19 PP20 PP18 PP17 PP16 XS4 X S 2 X S 1 3RG & BT 4 3 2 5 1 2018 Aerial Photography !A Crest Gage !A Stream G age !A Rain Gage & Barot roll (RG & BT) ^_Photo Point (PP) Cross Sect ion (XS ) Rea ch Break Stream Restorat ion Stream Enhancement I Stream Enhancement II Stream Preservation Stream Restorat ion - No C redit Conservatio n Easem ent Buffer Restoration Vegetation Plots Criterion Not Met Criterion Met Multiflora Rose Rem oved (4 .0 9 ac) Japanese Honeysuckle Rem oved (2 .0 8 ac) Callery Pear Removed (0.42 ac) Chinese Privet Removed (3.49) Figure 3.1. Integrated C urrent Condition Plan View(Sheet 1 of 3)Agony Acres Mitigation S iteDMS Project No. 95716Monitoring Year 5 - 2019 Guilford County, NC ¹0 500250 Feet ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_^_ ^_ ^_ ^_ ^_ ^_^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_ ^_^_ !A !A !A !A !A !A !A RW2RW1RW3RW4 U T 2 215+00 XS5 XS8 XS10 XS11 X S 15UT1AReach 1 UT1AReach 2 UT1AReach 3 UT1AReach 4 R eedy Fork UT1Reach 4 UT1Reach 5 400+00150+00220+00210+00205+00200+00159+001 5 5 +0 0 405+00145+00140+00 410+00PP9 PP8 PP5 PP4 PP3 PP2 PP1 PP42 PP41 PP40 PP39 PP38 PP37 PP36 PP35 PP34 PP33 PP17 PP16 PP15 PP14 PP13 PP12 PP11 PP10 XS6XS7XS9X S 1 2 XS16 FG 5 FG 4 FG 3 FG 2 FG 1 9 6 87 12 14 16 13 15 2018 Aerial Photography !A Crest Gage !A Stream G age !A Rain Gage & Barot roll (RG & BT) ^_Photo Point (PP) Cross Sect ion (XS ) Rea ch Break Stream Restorat ion Stream Enhancement I Stream Enhancement II Stream Preservation Stream Restorat ion - No C redit Beaver Dam Rem oved Conservatio n Easem ent Buffer Restoration Vegetation Plots Criterion Not Met Criterion Met Multiflora Rose Rem oved (4 .0 9 ac) Japanese Honeysuckle Rem oved (2 .0 8 ac) Chinese Privet Removed (3.49) Sweet A utumn Virginsb ower Rem oved (1 .4 5 ac) Japanese Hops Rem oved (1 .7 3 ac) Figure 3.2. Integrated C urrent Condition Plan View(Sheet 2 of 3)Agony Acres Mitigation S iteDMS Project No. 95716Monitoring Year 5 - 2019 Guilford County, NC ¹0 500250 Feet ^_ ^_ ^_ ^_ ^_ ^_ ^_^_ ^_ !A RW2RW1RW3RW4 Reedy Fork XS8 X S 15UT1Reach 5 UT2150+00159+001 5 5 +0 0 410+00PP9 PP8 PP7 PP6 PP5 PP12 PP11 PP10 XS7XS16 9 87 11 10 162018 Aerial Photography !A Crest Gage !A Stream G age !A Rain Gage & Barotroll (RG & BT) ^_Photo Point (PP) Cross Sect ion (XS) Rea ch Break Stream Restoration Stream Enhancement I Stream Enhancement II Stream Preservation Stream Restoration - No Credit Beaver Dam Removed Conservatio n Easement Buffer Restoration Vegetation Plots Criterion Not Met Criterion Met Multiflora Rose Removed (4.09 ac) Japanese Honeysuckle Removed (2.08 ac) Chinese Privet Removed (3.49) Sweet A utumn Virginsbower Removed (1.45 ac) Japanese Hops Removed (1.73 ac) Figure 3.3. Integrated C urrent Condition Plan View(Sheet 3 of 3)Agony Acres Mitigation S iteDMS Project No. 95716Monitoring Year 5 - 2019 Guilford County, NC ¹0 500250 Feet Table 7. Vegetation Plot Criteria Attainment Agony Acres Mitigation Site (DMS Project No. 95716) Monitoring Year 5 - 2019 13 Y 16 Y 10 N 11 Y 12 Y 7 Y 8 Y 9 Y Tract Mean 1 Y 94% 2 Y 3 Y 4 Y 14 15 Y Y Plot Success Criteria Met (Y/N) 5 Y 6 Y PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all TAcer negundo boxelder TreeAcer rubrumred mapleTreeAilanthus altissimatree of heavenExotic6Alnus serrulatahazel alderShrub111Betula nigrariver birchTree111222333Cornus amomumsilky dogwoodShrubDiospyros virginianacommon persimmonTreeFraxinus pennsylvanicagreen ashTree555444333224222Gleditsia triacanthoshoneylocustTreeIlex opacaAmerican hollyTreeJuglans nigrablack walnutTreeJuniperus virginianaeastern redcedarTreeLiquidambar styracifluasweetgumTree17211Liriodendron tulipiferatuliptreeTree116Nyssa sylvaticablackgumTreePlatanus occidentalisAmerican sycamoreTree3334444413222Quercus michauxiiswamp chestnut oakTree111111111555Quercus pagodacherrybark oakTree222333111222Quercus phelloswillow oakTree222111222111111Quercus rubranorthern red oakTreeQuercus velutinablack oakTreeRhussumacshrubRhus copallinumflameleaf sumacshrubUlmuselmTree12 12 40 10 10 12 14 14 14 13 13 41 10 10 104465567776684454864861,6194054054865675675675265261,659405405405Color Coding for Table Exceeds requirements by 10%Exceeds requirements, but by less than 10%Fails to meet requirements, by less than 10%Fails to meet requirements by more than 10%Volunteer species included in totalPnoLS: Number of Planted stems excluding live stakes P-all: Number of planted stems including live stakes,T: Total StemsTable 9. Planted and Total Stem CountsAgony Acres Mitigation Site (DMS Project No. 95716) Monitoring Year 5 - 20190.0210.02Stem countsize (ares)size (ACRES)Species countStems per ACRE10.0210.0210.021VP 3 VP 4 VP 5Current Plot Data (MY5 2019)Scientific Name Common Name Species TypeVP 1 VP 2 Acer negundo boxelder TreeAcer rubrumred mapleTreeAilanthus altissimatree of heavenExoticAlnus serrulatahazel alderShrubBetula nigrariver birchTreeCornus amomumsilky dogwoodShrubDiospyros virginianacommon persimmonTreeFraxinus pennsylvanicagreen ashTreeGleditsia triacanthoshoneylocustTreeIlex opacaAmerican hollyTreeJuglans nigrablack walnutTreeJuniperus virginianaeastern redcedarTreeLiquidambar styracifluasweetgumTreeLiriodendron tulipiferatuliptreeTreeNyssa sylvaticablackgumTreePlatanus occidentalisAmerican sycamoreTreeQuercus michauxiiswamp chestnut oakTreeQuercus pagodacherrybark oakTreeQuercus phelloswillow oakTreeQuercus rubranorthern red oakTreeQuercus velutinablack oakTreeRhussumacshrubRhus copallinumflameleaf sumacshrubUlmuselmTreeColor Coding for Table Exceeds requirements by 10%Exceeds requirements, but by less than 10%Fails to meet requirements, by less than 10%Fails to meet requirements by more than 10%Volunteer species included in totalPnoLS: Number of Planted stems excluding live stakes P-all: Number of planted stems including live stakes,T: Total StemsTable 9. Planted and Total Stem CountsAgony Acres Mitigation Site (DMS Project No. 95716) Monitoring Year 5 - 2019Stem countsize (ares)size (ACRES)Species countStems per ACREScientific Name Common Name Species TypePnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T2 2 18 44443333331112223335555521223136944582224533566666141112224441111111111111111111714 14 152 13 13 36 13 13 19 13 13 59 5 5 106694494464464455675676,1515265261,4575265267695265262,38820220240510.0210.0210.0210.0210.02VP 7 VP 8 VP 9 VP 10VP 6Current Plot Data (MY5 2019) Acer negundo boxelder TreeAcer rubrumred mapleTreeAilanthus altissimatree of heavenExoticAlnus serrulatahazel alderShrubBetula nigrariver birchTreeCornus amomumsilky dogwoodShrubDiospyros virginianacommon persimmonTreeFraxinus pennsylvanicagreen ashTreeGleditsia triacanthoshoneylocustTreeIlex opacaAmerican hollyTreeJuglans nigrablack walnutTreeJuniperus virginianaeastern redcedarTreeLiquidambar styracifluasweetgumTreeLiriodendron tulipiferatuliptreeTreeNyssa sylvaticablackgumTreePlatanus occidentalisAmerican sycamoreTreeQuercus michauxiiswamp chestnut oakTreeQuercus pagodacherrybark oakTreeQuercus phelloswillow oakTreeQuercus rubranorthern red oakTreeQuercus velutinablack oakTreeRhussumacshrubRhus copallinumflameleaf sumacshrubUlmuselmTreeColor Coding for Table Exceeds requirements by 10%Exceeds requirements, but by less than 10%Fails to meet requirements, by less than 10%Fails to meet requirements by more than 10%Volunteer species included in totalPnoLS: Number of Planted stems excluding live stakes P-all: Number of planted stems including live stakes,T: Total StemsTable 9. Planted and Total Stem CountsAgony Acres Mitigation Site (DMS Project No. 95716) Monitoring Year 5 - 2019Stem countsize (ares)size (ACRES)Species countStems per ACREScientific Name Common Name Species TypePnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T961111111111113332223777333222334224100250470432224443315444338711166644422211111122222211111111111111144411512 12 25 10 10 13 13 13 13 13 13 175 11 11 20 11 11 1905575564446685585594864861,0124054055265265265265265267,0824454458094454457,68910.0210.0210.0210.0210.0210.02VP 13 VP 14 VP 15VP 11 VP 12VP 16Current Plot Data (MY5 2019) Acer negundo boxelder TreeAcer rubrumred mapleTreeAilanthus altissimatree of heavenExoticAlnus serrulatahazel alderShrubBetula nigrariver birchTreeCornus amomumsilky dogwoodShrubDiospyros virginianacommon persimmonTreeFraxinus pennsylvanicagreen ashTreeGleditsia triacanthoshoneylocustTreeIlex opacaAmerican hollyTreeJuglans nigrablack walnutTreeJuniperus virginianaeastern redcedarTreeLiquidambar styracifluasweetgumTreeLiriodendron tulipiferatuliptreeTreeNyssa sylvaticablackgumTreePlatanus occidentalisAmerican sycamoreTreeQuercus michauxiiswamp chestnut oakTreeQuercus pagodacherrybark oakTreeQuercus phelloswillow oakTreeQuercus rubranorthern red oakTreeQuercus velutinablack oakTreeRhussumacshrubRhus copallinumflameleaf sumacshrubUlmuselmTreeColor Coding for Table Exceeds requirements by 10%Exceeds requirements, but by less than 10%Fails to meet requirements, by less than 10%Fails to meet requirements by more than 10%Volunteer species included in totalPnoLS: Number of Planted stems excluding live stakes P-all: Number of planted stems including live stakes,T: Total StemsTable 9. Planted and Total Stem CountsAgony Acres Mitigation Site (DMS Project No. 95716) Monitoring Year 5 - 2019Stem countsize (ares)size (ACRES)Species countStems per ACREScientific Name Common Name Species TypePnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T PnoLS P-all T42 1624301068881010111515152626262727271919192121232020202727272828282350507351516752528255555655555511131318512930102017471327474720549492355050115565610156565631313134343435353536363636363616161618181820202025252525252516161616161618181830303030303064010112329187 187 837 199 199 650 210 210 481 255 255 366 257 257 25777167718771377137774734732,1175035031,6445315311,217645645926650650650160.40160.40160.40160.40160.40Annual MeansMY5 (2019) MY3 (2017) MY2 (2016) MY1 (2015) MY0 (2015) Appendix A: Project Correspondence Agony Acres Mitigation Site Meeting Notes 12/11/2012 1R site walk, 9:00am Attendees: NCEEP Wildlands Engineering Guy Pearce John Hutton Perry Sugg Jeff Keaton Kristie Corson Nicole Macaluso Jeff Shaffer DW USACE Amy Euliss Todd Tugwell Tyler Crumbley John Hutton provided a brief overview of the project and the group began by walking UT1A starting at the upstream end at the culvert under Sockwell Road (see attached map). The following sections are listed in the order in which they were reviewed during the site visit. UT1A - Design approach transitions from restoration to enhancement II to preservation and back to restoration. The group began by discussing the perched culvert under Sockwell Road and the restoration approach. John stated that Wildlands believes a Priority 1 approach will be possible throughout the first restoration section of UT1A but dependent on the actual culvert elevation relative to the surrounding floodplain there may be a short Priority 2 transition. Restoration in this section will also restore numerous side channel seepage wetlands which are not being claimed for wetland credit. John stated that similar to other projects Wildlands will save as many trees as possible. Todd and Tyler were concerned about the jurisdictional call at the very upper end of this reach but agreed that rainfall had been abnormally low and given the drainage area, this section would likely be considered jurisdictional. They stated that a jurisdictional determination would be necessary for this reach. They agreed that restoration was appropriate for this section dependent on the JD. Todd mentioned that the crossing on this reach should be located at a straight section in the stream and not immediately upstream of a bend. The group discussed the exact location for the break between restoration and enhancement II. This transition point will be determined based on the final survey. The group discussed the plan for the enhancement II section which will include cattle removal, some minor bank grading work, and some minor buffer replanting. Todd, Tyler, and Amy agreed that enhancement II was appropriate for this section and recognized the poor habitat quality due to cattle impacts. The group discussed the preservation section which everyone agreed was high quality other than some minor cattle access and probable water quality stressors from upstream cattle impacts. Todd mentioned that cattle should be specified as a demonstrable threat in the mitigation'plan to justify preservation. Todd also asked that Wildlands try to maximize buffer width under the easement to provide additional protection. Todd, Tyler, and Amy agreed that this section would be at a 5:1 ratio due to threat and project continuity, particularly if buffer widths can be maximized. The group also noted.that invasives did not seem to be problematic in this reach. J The group reviewed the downstream restoration section and agreed that the fact that the channel had been straightened and was incised with active bank erosion justified restoration. Todd asked if the preservation reach would be used as a reference condition and John stated that while it was very useful for dimension (discharge estimate) the preservation reach was much steeper and would not provide useful pattern information. Perry stated that restoring this reach through a Priority 1 approach would be critical and would reconnect the stream to several floodplain wetland pockets. UT1 (preservation and enhancement II sections above UT1A confluence)- Design approach will involve a combination of enhancement II and preservation. John explained that the enhancement II approach would involve fencing out cattle, removing invasives which are more prevalent in this reach, planting riparian buffers, and repairing banks in a few locations. The group discussed whether this section was incised and could benefit from an enhancement I approach. John stated that Wildlands would explore this option but generally felt like bank height ratios were close to 1.0. Todd agreed that he wasn't particularly concerned about frequent out of bank events in that geomorphic setting. Perry mentioned that pre- emergent control would likely be necessary to control competition in that section. Herbicides cannot be used on some portions of the property which are organic farms but this particular reach is not under that restriction. The group discussed the preservation section which everyone agreed was high quality other than an existing road which impacts the riparian buffer. Similar to the other preservation section, Todd asked that Wildlands try to maximize buffer width under the easement to provide additional protection. Todd, Tyler, and Amy agreed that this section would be at a 5:1 ratio due to threat and project continuity, particularly if buffer widths can be maximized. Reedy Fork — Proposed design approach involves buffer restoration. John explained that the section of Reedy Fork proposed for buffer restoration is a significant natural heritage area (aquatic habitat). He stated that cattle would be fenced out and the buffer would be replanted. Amy agreed that this section was appropriate for buffer restoration. Y. UT1 (downstream restoration section) - Design approach involves primarily Priority 1 restoration, partially through a wooded section, with a short Priority 2 tie in to Reedy Fork. The group began by discussing the wooded restoration section immediately downstream of the confluence with UT1A. John gave an overview of the restoration approach which would involve a Priority 1 restoration while preserving trees to the greatest extent possible. John described the change in channel dimension at the property line near the confluence of UT1 and UT1A where top of bank cross sectional area increases from 30 ft2 to 130 ft2. Todd agreed that the reach was incised and overly wide but was concerned about restoration in a wooded area particularly when the stream bed was in good condition and some minor bankfull bench features were evident. John agreed that they had the same internal debate on the appropriate approach but in the end felt that trying to stabilize the channel in place was riskier, produced less ecological uplift, and disconnected the project in terms of function. Todd agreed that this approach would be appropriate if Wildlands surveyed all trees over 6 Alf inches dbh in this section, designed the channel to avoid tree loss and save the overstory, highlight the construction approach in the mitigation plan, and conduct macroinvertebrate sampling pre- and post- restoration. The macroinvertebrate results would not be tied to credit generation but would be more informational. Todd mentioned that while it wouldn't apply to this project, the Corps may look at giving less than a 1:1 credit ratio for this type of restoration in the future. Todd, Tyler, and Amy all agreed that restoration in the pasture section down to Reedy Fork was straightforward and the correct approach. UT2 = Design approach involves Priority 1 restoration. John reviewed the existing condition of the channel which transitions back and forth from highly to moderately incised and is excavated along the edge of the valley. The group looked at the channel above the project property where it is in 'reference' condition and provides a tie in elevation allowing for an immediate transition to Priority 1 restoration. Todd, Tyler, and Amy all agreed that restoration was straightforward and the correct approach and could be accomplished with little to no tree loss. The existing overstory however would provide good shading for riparian buffer re- establishment. UT1 (Upstream Enhancement II /Restoration Section) & UT113— Design approach involves enhancement II transitioning to restoration and then back to the preservation section previously discussed. John reviewed the enhancement II plan which involves cattle exclusion, a few spots of minor bank grading, and some areas of buffer restoration. Todd noted that cattle had impacted the habitat. quality significantly which provided justification for the enhancement II level credit ratio despite the generally wooded condition. Everyone agreed that cattle impacts were the only real stressor to this reach as buffer conditions were generally good, channel dimension appeared to be appropriate, and there was very little of evidence of erosion other than those areas impacted directly by cattle. John noted that there were a number of seepage wetland areas that would be captured in the easement however no wetland credit was proposed. The group then looked at the restoration section which includes a short section on UT113. The group agreed that this section was highly incised and exhibited frequent bank erosion. The stream dimensions up and downstream allow for a Priority 1 approach through this section of UT1 and UT16. The meeting adjourned approximately 12:00pm. Timestamp Project Name Agency Name Reviewer Name 1/9/2014 15:16:48 95715- Foust Creek N.C. Division of Water Quality Eric Kulz 1/10/2014 15:02:23 95715- Foust Creek U.S. Army Corps of Engineers Tyler Crumbley 1/10/2014 8:45:07 95716- Agony Acres N.C. Division of Water Quality Eric Kulz Comment(s) Minutes from a site visit on 12/11/12 indicate that a jd was necessary for the wetlands and UT1. The mitigation plan indicates that a jd request was submitted to the USACE but there is no indication that the USACE has determined that the wetland delineation as proposed was accurate. Therefore a determination of wetland rehabilitation versus wetland re- establishment and appropriate credit amounts cannot be accurately reviewed /evaluated. Also, the minutes indicate that there was no flow at the upper end of UT1 and a jd was necessary Assuming the jd confirms UT1 is jurisdictional, the plan proposes to restore this feature using a P1 approach. As has been previously noted, constructing a new channel at a higher elevation for the purpose of reconnecting the stream to its original floodplain has the potential to remove the intermittent connection of the stream and groundwater, eliminating base flow and creating an ephemeral feature. The proposed restoration of UT1 should include installation of two groundwater monitoring wells within the thalweg of the channel. One well should be located near the upper end of UT1, and the other should be installed near the lower end of the reach. The wells should be equipped with continuous -read gauges that will be able to monitor groundwater levels and demonstrate that the restored feature exhibits base flow for at least some portion of the year (most likely in the winter /early spring) during a year with normal rainfall conditions. Well data should be provided annually in monitoring reports to demonstrate that intermittent aquatic function has been maintained in the restored channel. American holly and ironwood were identified at most of the vegetative reference sites and are not noted in the planting plan. These understory species should be added. As noted by NCDWRs comments and the field discussion held on 11 December, 2012: There is concern from the NCIRT on the possibility of raising the bed elevation of intermittent streams (particularly UT1) above the water table thereby degrading it from intermittent/jurisdictional status to ephemeral. There is also concern that all of the areas identified as wetland restoration currently contain jurisdictional wetlands and may be more appropriately categorized as Enhancement, rather than restoration. As NCDWR pointed out, a jurisdictional determination will be required in the Final mitigation plan to determine accurate credit potentials. With regard to the riparian buffer credit - generating areas, the performance standard for riparian buffer restoration is currently 320 stems per acre at five years. The plan states 260 spa in year 5. While the project is to be monitored for seven years, monitoring and reporting for the buffer mitigation area can be discontinued at year 5 provided the performance standard is being met. EEP may elect to close out the buffer portion of the site in year 5, or wait until year 7 when the rest of the project is scheduled for closeout. 1/9/2014 15:17:50 95716- Agony Acres N.C. Division of Water Quality Eric Kulz 1/14/2014 10:39:30 95716- Agony Acres U.S. Army Corps of Engineers Tyler Crumbley 1/13/2014 9:35:33 94903- Little Pine III N.C. Division of Water Quality Eric Kulz The plan proposes to restore UT1 B, an intermittent, incised tributary, using a P1 approach. As has been previously noted, constructing a new channel at a higher elevation for the purpose of reconnecting the stream to its original floodplain has the potential to remove the intermittent connection of the stream and groundwater, eliminating base flow and creating an ephemeral feature. Monitoring of baseflow should be conducted to demonstrate that the restored feature exhibits base flow for at least some portion of the year (most likely in the winter /early spring) during a year with normal rainfall conditions. The proposed restoration of UT1 B should include installation of two groundwater monitoring wells within the thalweg of the channel. One well should be located near the upper end of UT1 B, and the other should be installed near the lower end of the reach. The wells should be equipped with continuous - read gauges that will be able to monitor groundwater levels. Well data should be provided annually in monitoring reports to demonstrate that intermittent aquatic function has been maintained in the restored channel. Minutes from a site visit on 12/11/12 state " (for UT1 downstream reach section) Todd agreed to restoration if Wildlands surveyed all trees over 6 inches dbh in this section, designed the channel to avoid tree loss and save the overstory, highlight the construction approach in the mitigation plan, and conduct macroinvertebrate sampling pre- and post - restoration." We can find no discussion of this within the draft mitigation plan. Please provide a discussion on the impacts to and protection measures for existing wetlands (high visibility fencing, avoidance). Any impacts (eg. filling, draining, converting) to current waters of the U.S. (streams, wetlands and open waters) must be accounted for and discussed in the Pre - Construction Notification (PCN) and the loss or conversion of those waters must be replaced on -site. The District concurs with the comments provided by NCDWR on 9 -10 January, 2014. These comments correspond well with our field notes from 11 December, 2012. The project proposes as one of its stream reference sites the Glade Creek site, which is an EEP restoration project. We don't feel it is appropriate using a constructed channel as a reference, particularly one that has been constructed recently and is in year 2 of monitoring. A portion of UT4 is located on the property line and as such, only has a conservation easement along one side of the stream. This portion of UT4 should be not receive mitigation credit. According to the report, a portion of the easement along UT2A has not yet been acquired. This should be acquired prior to completion of the final mitigation plan and submittal of 404/401 permit applications.