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HomeMy WebLinkAbout20090048 Ver 2_Notice of Initial Credit Release_20200403Strickland, Bev From: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil> Sent: Friday, April 3, 2020 11:42 AM To: Haupt, Mac; Davis, Erin B; Tugwell, Todd J CIV USARMY CESAW (US); Wilson, Travis W.; Bowers, Todd; byron_hamstead@fws.gov; McLendon, C S CIV USARMY CESAW (USA); Jones, M Scott (Scott) CIV USARMY CESAW (USA); Crumbley, Tyler A CIV USARMY CESAW (USA) Cc: Allen, Melonie; Stanfill, Jim; Baumgartner, Tim; Tsomides, Harry; Harmon, Beth; Wiesner, Paul Subject: [External] Notice of Initial Credit Release / NCDMS Little Pine II Stream and Wetland Site/ SAW-2009-00591/ Alleghany Co. Attachments: Little Pine II_856_New 01 Initial Credit Release-2020 signed.pdf; Little Pine II_856_MP Addendum Memo_3-13-20.pdf Follow Up Flag: Follow up Flag Status: Completed CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Good afternoon, The 15-Day Record Drawing review for the Little Pine II Stream and Wetland Mitigation Site (SAW-2009-00591) ended March 31, 2020. Per Section 332.8(o)(9) of the 2008 Mitigation Rule, this review followed the streamlined review process. All comments received from the NCIRT are incorporated within this email. Please address the IRT concerns by replying to this email. There were no objections to issuing the initial credit release, or approving the Mitigation Plan Addendum. Please find attached the current signed ledger. I9]Ti9:Z . IT111iT7iM 1. The meeting minutes dated 11/14/2019, state that supplemental planting will be completed during the next dormant period. The MYO Report CVS Table shows that 5 of the 8 veg plots do not meet success criteria. Yet, the report does not mention plans for supplemental planting. Please confirm. In addition to low stem counts, the veg plots show low species diversity. Only a total of 5 tree species (including Red Maple and Green Ash) and 1 shrub species were identified in all of the veg plots. With an approved planting list of 20 species, please confirm that the species and percent stems noted on As -Built Sheet 3.2 accurately reflect what has been planted. DWR requests that a supplemental planting effort include a variety of the approved species. Due to concerns associated with Emerald Ash Borer, DWR recommends that Green Ash not be included in a supplemental planting effort. 2. During the IRT site walk on 11/5/2019, several bare areas and areas of sparse herb cover were noted along Reach 2A, which may not have been visible during the veg survey with 3-4 inches of snow cover. Please monitor closely during the MY1 to determine if soil amendments and reseeding is warranted. 3. Also during the IRT site walk, there was discussion of relocating the Wetland 2A groundwater gauge and potentially modifying the Wetland 2A target community type. Neither points were mentioned in the MYO Report, please provide a brief explanation why not. Please let me know if you have question. Thanks, Kim 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)er *NOTE: I am currently teleworking and away from my office. Please contact me via email or at 919.413.6392. -Original Message ----- From: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil> Sent: Monday, March 16, 2020 11:29 AM To: Haupt, Mac <mac.haupt@ncdenr.gov>; Davis, Erin B <erin.davis@ncdenr.gov>; Tugwell, Todd J CIV USARMY CESAW (USA) <Todd.J.Tugwell@usace.army.mil>; travis.wilson@ncwildlife.org; bowers.todd@epa.gov; byron_hamstead@fws.gov; Boggs, Brandee C CIV USARMY CESAD (USA) <Brandee.C.Boggs@usace.army.mil>; McLendon, C S CIV USARMY CESAW (USA) <Scott.C.McLendon@usace.army.mil>; Jones, M Scott (Scott) CIV USARMY CESAW (USA) <Scott.Jones@usace.army.mil>; Crumbley, Tyler A CIV USARMY CESAW (USA) <Tyler.A.Crumbley@usace.army.mil> Cc: Allen, Melonie <melonie.allen@ncdenr.gov>; Stanfill, Jim <jim.stanfill@ncdenr.gov>; Baumgartner, Tim <tim.baumgartner@ncdenr.gov>; Tsomides, Harry <harry.tsomides@ncdenr.gov>; Harmon, Beth <beth.harmon@ncdenr.gov>; Paul Wiesner (paul.wiesner@ncdenr.gov) <paul.wiesner@ncdenr.gov>; Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil> Subject: Notice of NCDMS Record Drawing Review / Little Pine II Stream and Wetland Site/ SAW-2009-00591/ Alleghany Co. Good morning The below referenced FINAL Record Drawing Report review has been requested by NCDMS. Per Section 332.8(o)(9) of the 2008 Mitigation Rule, this review follows the streamlined review process, which requires an IRT review period of 15 calendar days from this email notification. Please provide any comments by 5 PM on the 15-day comment deadline shown below. When providing comments please indicate if your concerns are great enough that you intend to request a site visit prior to the initial credit release. Comments provided after the 15-day comment deadline (shown below) may not be considered. At the conclusion of this comment period, a copy of all comments will be provided to NCDMS and the NCIRT along with District Engineer's intent to approve or disapprove this Final Record Drawing and initial credit release. 15-Day Comment Start Date: March 16, 2020 15-Day Comment Deadline: March 31, 2020 45-Day Credit Release Approval Deadline: April 30, 2020 *NOTE: If a site visit is requested by the IRT, comments are due 15 days after the site visit is complete. Mitigation Plan lengths may vary from the record drawing. **As part of this review request, we are also asking for IRT approval of a Mitigation Plan Addendum for a downward adjustment of the project's stream assets (-107.6 SMUs) 2020 is Monitoring Year 1 for this project. The MYO report and record drawings are also posted on the DMS portal and IRT SharePoint page for your review. Project information and location of the FINAL As -Built Baseline Monitoring Report (MYO): Little Pine II Stream and Wetland Site DMS Project # 856 Design Bid Build (DBB) New River Basin Cataloging Unit 05050001 Alleghany County, North Carolina Mitigation Plan Project Credits: 3,302.600 SMUs (Cold) 1.484 WMUs (Riparian) As-Built-MYO Project Credits: 3,195.000 SMUs (Cold) 1.484 WMUs (Riparian) Mitigation Plan Lengths/Acreages: 3,989 ft. 5.62 acres As-Built-MYO Lengths/ Acreages: 3,719 ft. 5.62 acres NCDEQ- DMS PM: Harry Tsomides, harry.tsomides@ncdenr.gov<mailto:harry.tsomides@ncdenr.gov>, (828) 545-7057 FINAL As -Built Baseline Monitoring Report and Record Drawings can be accessed directly on the DMS portal here: LittlePineCreekl l_856_MYO _2019 https://files.nc.gov/ncdeq/Mitigation%20Services/Document%2OManagement%2OLibrary/Projects/LittlePineC reek) 1_856_MYO_2019.pdf LittlePineCreekl 1_856_AB_2019 https://files.nc.gov/ncdeq/Mitigation%20Services/Document%20Manage ment%20Libra ry/Projects/LITTLE- PINE-11-856-ABFinalSealed-2019.pdf Thanks, 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) ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN Secretary TIM BAUMGARTNER Director MEMORANDUM TO: Todd Tugwell, Chair, North Carolina Interagency Review Team (NCIRT) FROM: Harry Tsomides, NCDEQ - DMS Project Manager CC: Paul Wiesner, NCDEQ - DMS Western Regional Supervisor Melonie Allen, NCDEQ - DMS Credit Release Coordinator Jim Stanfill, NCDEQ - DMS Asset Manager Tim Baumgartner, NCDEQ - DMS Division Director SUBJECT: Little Pine Creek II — Project As -Built Update and Mitigation Plan Addendum (downward adjustment) DMS # 856 USACE Action ID: SAW-2009-00591 DWR# 09-0048 Alleghany County, North Carolina DATE: March 13, 2020 DMS requests an amendment to the Little Pine Creek II Restoration Project Mitigation Plan assets to become consistent with the as -built alignment adjustments, recent stream preservation credit deductions, and overhead utility presence not previously accounted for. The following tables summarize the changes requested. This will result in a net change of -107.6 SMUs. Wetland credits remain unchanged. In summary: • 40.6 SMU reduction due to preservation Tributaries E and F (203 LF total) becoming ineligible for credit as agreed on at 11/5/2019 Site meeting with IRT (see Project Meeting Minutes dated 11/14/2019); this was due to recent downcutting and partial deterioration of channel conditions since original design; • 50 SMU deduction (all restoration reaches) due to 2 overhead wire (OHW) rights -of -way not accounted for in the IRT-approved Little Pine Creek II Restoration Project Restoration Plan Addendum, January 15, 2016; • 17 SMU (all restoration reaches) deduction due to as -built alignment adjustments (see following table comments for detail). NORTH CRROLINAD_ E Q�� DWaNnant al BMronnbaWl DM 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 Table 1. Project Mitigation Assets and Components Little Pine Creek B Stream and Wetland Mitigation Site As -Built Eaasting Mitigation Centerline Footage or Plan Footage Mitigation Restoration Mitigation Footage or Project Segment Acrea or Acreage Category Level Priority Level Ratio (X:1) Acreage^ Comments 530 Cold R P2 1:1 517 20' LF Not -credited due to OHW ROW; minor Reach 1 2,894 change in as built length 1,512 Cold R P 1 1:1 1,476 Began farther downstream due to cattle crossing; Reach 2A 30LF not credited due to OHW Reach 2B 321 Cold R Pl 1:1 334 Additional 13' LF at end of project Tributary A 119 86 Cold R P2 1:1 82 Sinuosity less than design; confluence with Reach 2A farther upstream than proposed 50 104 Cold R Pi 1:1 78 Confluence with Reach 2A farther upstream than Tributary B proposed Tributary C 299 578 Cold R Pi 1:1 577 Tributary D 899 655 Cold P N/A 5:1 655 Tributary E 50 50 Cold P N/A 5:1 50 Not credited due to poor as built condition Tibutary F 153 153 Cold P N/A 5:1 153 Not credited due to poor as built condition Wetland 1 0.32 1 0.32 RNR Enh 2:1 0.32 Wetland 2A 0.88 0.88 RNR Enh 2:1 Wetland 2B 4.42 4.42 RNR P 5:1 4.42 HE *Mitigation plan credits account for breaks in conservation easements and are based on design stream stationing and taken from the approved mitigation plan. Mitigation plan credits we the same as the approved mitigation plan. ^ Based on centerline calculations from the as -built survey, accounts for breaks in conservation easement and utility right-of-ways. Project Credits - As Built Stream Riparian Wetland Non -Rip Coastal Restoration Level Warm Cool Cold Riverine Non-Riv Wetland Marsh Restoration - - 3,064.000 - - - - Re-establishment - - - - Rehabilitation - - - - Enhancement - 0.600 - - Enhancement I - - - Enhancement II - - - Creation - - - - Preservation - - 131.000 - 0.884 - Total Credits 3,195.000 1.484 %Project credits reflect the credits consistent with as -built condition, accountingfor OHW, IRT preservation credit deductions, and as built alignment adjustments. Project Credits - Mitigation Plan Stream Ri arian Wetland Non -Rip Coastal Restoration Level Warm Cool Cold Riverine Non-Riv Wetland Marsh Restoration - - 3,131.000 - - - - Re-establishment - - - - Rehabilitation - - - - Enhancement - 0.600 - - Enhancement I - - - Enhancement II - - - Creation - - - - Preservation - - 171.600 - 0.884 - Total Credits ' 3,302.600 1.484 %Project coedits reflect the IRT-approved Little Pine Creek II Restoration Project Restoration Plan Addendum, January 15, 2016 The As -Built Baseline Report (MYO) is complete and available for IRT review. The project is entering Monitoring Year 1 (2020). The project credit release and monitoring will follow the monitoring update memo from DMS to IRT, dated 9/19/2019. Please let me know if you have any comments, questions, or concerns. Sincerely, Harry Tsomides Project Manager, NCDMS-DEQ Tel. (828) 545-7057 Harry.Tsomideskncdenr. og_v NORTH CRROLINAD_ E -01 DWart nest at ErMron Ml auall 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 Mitigation Project Name Little Pine Creek II County Alleghany USACE Action ID 2009-00591 DMS ID 856 Date Project Instituted 12/21/2007 NCDWR Permit No 2009-0048 River Basin NEW Date Prepared 3/6/2020 Cataloging Unit 05050001 Credit Release Milestone Stream Credits Wetland Credits Scheduled Releases (Stream) Warm Cool Cold Anticipated Release Year (Stream) Actual Release Date (Stream) Scheduled Releases (Forested) Riparian Riverine Riparian Non riverine Non -riparian Scheduled Releases (Coastal) Coastal Anticipated Release Year (Wetland) Actual Release Date (Wetland) Potential Credits (Mitigation Plan) 3,302.600 1.484 Potential Credits (As -Built Survey) 3,195.000 1.484 1 (Site Establishment) N/A N/A N/A N/A N/A N/A N/A 2 (Year 0 / As -Built) 30 % 958.500 2020 3/6/2020 30 % 0.445 30 % 2020 3/6/2020 3(Year 1 Monitoring) 10% 2021 10% 10% 2021 4 (Year 2 Monitoring) 10% 2022 10% 15 % 2022 5 (Year 3 Monitoring) 10% 2023 15 % 20 % 2023 6 (Year 4 Monitoring) 5 % 2024 5 % 10% 2024 7 (Year 5 Monitoring) 10% 2025 15 % 15 % 2025 8 (Year 6 Monitoring) 5 % 2026 5 % NIA 2026 9 (Year 7 Monitoring) 10% 2027 10% N/A 2027 Stream Bankfull Standard 10% N/A N/A Total Credits Released to Date 958.500 1 1 0.445 NOTES: CONTINGENCIES: BROWN ING.KIMBERLY.D Digitally signed by BROWN ING.KIMBERLY.DANIELLE.1527683510 ANIELLE.1527683510 Date: 2020.04.03 11:33:16 -04'00' Signature of Wilmington District Official Approving Credit Release 20200403 Date 1 - For NCDMS, no credits are released during the first milestone 2 - For NCDMS projects, the second credit release milestone occurs when the as -built report (baseline monitoring report) has been made available to the NCIRT by posting it to the NCDMS Portal, provided the following criteria have been met: 1) Approval of the final Mitigation Plan 2) Recordation of the preservation mechanism, as well as a title opinion acceptable to the USACE covering the property 3) Completion of all physical and biological improvements to the mitigation site pursuant to the mitigation plan 4) Receipt of necessary DA permit authorization or written DA approval for porjects where DA permit issuance is not required 3 - A 10% reserve of credits is to be held back until the bankfull event performance standard has been met Mitigation Project Name DMS ID River Basin Cataloging Unit DEBITS (released credits only) Little Pine Creek II 856 NEW 05050001 Ratios 1 1.5 2.5 5-0 County Alleghany Date Project Instituted 12/21/2007 Date Prepared 3/6/2020 USACE Action ID 2009-00591 NCDWR Permit No 2009-0048 O E ' o dl i� K C E °' m u N O Lu O E v u N@ c C O E m Z`m d N N a C C O m _n ° N K C C m o `mm _n It U C C d m E `m u _n c A Lu C C m •`m 2 _n m Vl n C C A O a '- ° C N O 01 Z K C N c o n'A '- i C O CJ z C c A d E a u '- c C A O L Z W C 1 A O n 2m •- m C Vl O d z y N 10 . 0 m o rip 10 O U f6 0 m i A U U ` c W 10 E u m e A L U W L C O m :. 2 m y q d U a IRT Approved Amounts (feet and acres) 3,064.000 I 655.000 1.200 4.420 IRT Approved Amounts (mitigation credits) 3,064.000 131.000 0.600 0.884 Percentage Released 30 % 30 % 30 % 30 Released Amounts (feet / acres) 919.200 196.500 0.360 1.326 Released Amounts (credits) 919.200 39.300 0.180 0.265 NCDWR Permit USACE Action ID Project Name 1997-0616 1997-07161 NCDOT TIP R-0529BA / BB / BD -US 421 Improvements 919.200 2014-0762 2012-00882 NCDOT TIP R-2915E - US 221 Widening 196.500 0.360 1.326 Remaining Amounts (feet / acres) 1 0.000 0.0001 0.000 0.000 Remaining Amounts (credits) 1 0.0001 0.0001 0.000 0.000