20080229 Ver 1_Mitigation Bank Proposal Review_20070116

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO January 12, 2007
Regulatory Division
Action ID. SAW-2005-21199
Mid-Atlantic Mitigation, LLC
Attn: Mr. Richard Mogensen
9301 Aviation Blvd., Suite CE I
Concord, North Carolina 28027
Dear Mr. Mogensen:
%J7F0W
JAN 1 6 2007
LIENR . WATER QUALITY"
Y EN AND RT. RMWATER BRANCH
Reference our November 8, 2006, Public Notice for the proposed Forrest Creek Mitigation
Bank located approximately seven miles northeast of Hillsborough and six miles northeast of
Durham in northeastern Orange County, North Carolina. The two streams proposed for
consideration within this bank are Forrest Creek, a third order stream; and an unnamed first order
perennial tributary to Forrest Creek. Total stream length within this bank would be approximately
10,200 linear feet with 6,900 linear feet proposed for restoration, 325 linear feet of proposed
Enhancement Level II, and 3,050 linear feet of proposed stream preservation.
Comments on this proposal were received from the U.S. Fish and Wildlife Service prior to
issuance of the Public Notice. As agreed, these comments will carry forward for your consideration.
After review of the Public Notice, comments were also received from the North Carolina Wildlife
Resources Commission (NCW.RC), and the United States Environmental Protection Agency. All
emails/letters have been attached for your review and consideration. The primary concerns include
vegetative success criteria, credit release schedule, details pertaining to the cattle crossing area, and
specialized sediment and erosion control measures.
As stated above, copies of all letters have been attached for your review and consideration.
If possible, please provide a response to these issues within 30 days. If you have any questions or
concerns, please contact Mr. Monte Matthews at [phone] x30 or at the letterhead address.
Sincerely,
C\?
Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Attachments
r
M
Copy Furnished (w/attachments)
Mr. Ian McMillian
Division of Water Quality
1650 Mail Service Center
Raleigh, NC 27699-1650
Ms. Shari Bryant
Post Office Box 129
Sedalia, NC 27342
Ms. Rebecca Fox
US Environmental Protection Agency
Wetland Management Division
61 Forsyth Street, SW
Atlanta, GA 30303
Mrs. Kathy Matthews
US Environmental Protection Agency
Region 4 Wetlands Section
109 T.W. Alexander Dr.
Durham, NC 27711
MAIL CODE: E143-04
Mr. Howard Hall
US Fish and Wildlife Services
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726

Matthews, Monte K SAW
From: [e-mail]
Sent: Tuesday, October 17, 2006 8:59 AM
To: Matthews, Monte K SAW
Cc: [e-mail]
Subject: FW: Forrest Creek Mitigation Bank
Monte,
Here is Howard's comments... i guess he copied Todd and not you!
Anyway, these comments are manageable in my opinion and can be addressed during the Public
Comment period.
Thanks,
todd
-----Original Message----
From: [e-mail] [mailto:[e-mail]]
Sent: Friday, September 29, 2006 2:02 PM
To: St John, Todd ,
Cc: Kiley, Andrew; [e-mail]; [e-mail];
[e-mail]; [e-mail]; [e-mail];
[e-mail]; [e-mail]; St John, Todd
Subject: Forrest Creek Mitigation Bank
Todd,
I have briefly reviewed the prospectus for the proposed Forrest Creek Mitigation Bank.
Overall, the plan is presented quite well. The text given in the pdf file does not have
page numbers. When a page is printed there is no page number on the hard copy. It would
be useful to me to have page numbers in the text.
Just a couple of points.
Page 21 notes that a permanent cattle crossing would be installed just upstream of the
confluence of Forrest Creek and (presumably) the UT.
This
crossingwould not be included in the easement area. It is not entirely clearly whether
this crossing would create a gap in the riparian corridor.
The design of the permanent crossing should be given. Does this crossing have the
potential to adversely affect downstream areas within the restoration area?
I am pleased that the plan identifies (p. 37) two natural communities for the project area
and that (p. 4) buffer restoration "will be designed to restore targeted natural
communities." The conceptual plan for riparian area restoration (Appendix E) is
acceptable. However, the statement (p.
38) that the selection of species would depend on availability from local nursery is a
concern. The plan also notes (p. 4) that a list of planting alternatives would be created
as a contingency in case specific species of pre-ordered plants are not available or
acceptable for installation. I discussed the issue of species to be planted in my e-mail
to Todd Tugwell on November 10, 2005. While some flexibility in species to be planted is
certainly necessary, this flexibility should not be so broad as to significantly altered
the species composition of the target community.
Both of the target communities mentioned in the plan, Piedmont Bottomland Forest and
Piedmont Alluvial Forest, have canopies composed of 10 or more trees. Some of these may
currently exist in the project area and can provide a natural seed source. As I stated in
the November e-mail, I would like to have a measure of species diversity as part of the
vegetative success criteria. I believe there should be some requirement to ensure a
diverse species composition in the riparian buffer.
The current plan states (p. 16) that vegetative success requires 260 viable stems/acre
after five years with "a majority of target species." As I noted ;last year, I believe the
260 stems/acre should refer to the target, or preferred species, regardless of whether
they were planted or colonized the area naturally. The plan does state (p. 39) that the
1
restoration sites will be maintained to keep "unwanted species at less that 100 of the
total population. If an adequate diversity of species was planted, then vegetative
success could be based on a certain percent survival of the planted species. What I would
like to avoid is 'a situation where say
6-8
tree species were planted, but most of the planted species completely failed and the
riparian area consisted entirely of red maple and sweetgum (which are natural components
of the two target con=unities). This could be considered as vegetative success, but I
don't consider such a scenario as desirable restoration. I believe that vegetative
success should consider relative abundance, absolute abundance, and species diversity.
I am especially pleased that the plan (p. 16) would identify and control noxious species
so that they would not become dominant or alter the community structure of the site. This
aspect of the restoration would benefit the establishment of native vegetation.
Please keep me informed on your planning effort.
Best regards, Howard
Howard F. Hall
U. S. Fish and Wildlife Service
Ecological Services
P. 0. Box 33726
Raleigh, North Carolina 27636-3726
Ph: 919-856-4520, ext. 27
Fax: [phone]
e-mail: [e-mail]
<Todd.StJohn@kiml
ey-horn.com>
To
08/24/2006 03:34 <[e-mail]>,
PM
<[e-mail]
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<[e-mail]>,
<[e-mail]>,
<Howard [e-mail]>,
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cc
<[e-mail]>,
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Subject
FW: Secure FTP site created
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Hi everyone,
Please go to the link below to review the final draft of the Forrest Creek MBI Prospectus.
We believe we have addressed all of the comments. We want to be able to prepare the MBI as
soon as possible so that we can finalize this project. As such, i was hoping that you
could take at least a quick look at it to see if you see any major issues within the next
couple of weeks. Thanks for all your help!
todd
From: Steven.Read_[mailto:Steven.Read]'
Sent: Friday, August 11, 2006 8:20 AM
To: St John, Todd
Subject: Secure FTP site created
You may forward the information in this e-mail to everyone who requires access to the
site.
The ftp folder has been created under the /-secure folder on the ftp://www.kimley-horn.com
site.
Folder name: forrestcreek
Username: forrest
Password: midatlantic
Expiration Date: 8/10/2008
Every browser handles secure ftp sites differently., The universal method to access the
site from different browsers is the link listed below which includes the folder and site
names as well as the user name and
password:
3
1
r
ftp://forres_t:[e-mail]/ secure/forrestcreek
Note: Some email systems do not support hyperlinks. If this is the case, copy and paste
the following url into the address line of your internet browser.
ftp //forrest:[e-mail]/ secure/forrestcreek
Alternatively, using Internet Explorer 5.5+ (KHA standard),,, you may also navigate to the
site by accessing the ftp site on the KHA web page, then clicking on the / secure folder,
and then the /forrestcreek folder. You will get an "Access Denied" error screen. Click
OK, then click on the File dropdown menu and select "Login As". Enter the username and
password in the dialog window.
FTP SITE DISCLAIMER
This secure ftp site has been established by Kimley-Horn and Associates, Inc. (KHA) for
limited use by certain of its clients and other expressly authorized users. All authorized
users have been provided with a username and password. If you have not been expressly
authorized by KHA to access this site, please disconnect immediately.
This site has been established for the purpose of sharing electronic files, including
adding to, updating, or deleting files from this site. KHA does not guarantee and makes no
warranties with respect to the authenticity of posted files. All authorized users have
agreed to share data equally, and agree to do so in a good faith manner consistent with
professional business practices.
By using this site, you agree to the following rules and conditions:
1. You understand that these electronic files are non-sealed recordings of printed
documents prepared by KHA or others. These files are provided only for the convenience of
specifically authorized users and are intended solely for the exclusive use by that party
for the purposes expressly authorized.
2. Only printed copies of documents conveyed by KHA may be relied upon.
Any
use of the information obtained or derived from theseelectronic files will be at the
authorized user's sole risk and with no risk or liability to KHA.
3. Because data stored in electronic media format can deteriorate or be modified
inadvertently or otherwise without authorization of the data's creator, you agree that no
warranties are made with respect to the contents of these files.
4
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v
Forth Carolina Wildlife Resources Commission
Richard B. Hamilton, Executive Director
MEMORANDUM
TO: Mr. Monte Matthews, Raleigh Regulatory Field Office
U.S. Army Co s of Engineers
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 7 December 2006
SUBJECT: Public Notice for Mid-Atlantic Mitigation, LLC, Forrest Creek Mitigation Bank, Orange
County, North Carolina. Corps Action ID #: 200521199
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject document and we are familiar with the habitat values of the area, Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131
et seq.).
Mid-Atlantic Mitigation LLC proposes to establish the Forrest Creek Mitigation Bank, a stream
and buffer compensatory mitigation bank. The proposed mitigation bank is located within an existing
dairy farm and includes 10,200 linear feet of Forrest Creek and an unnamed tributary to Forrest Creek. A
total of 6,900 linear feet of stream are proposed to be restored, 325 linear feet are proposed for
Enhancement Level II, and 3,050 linear feet are proposed for stream preservation. Restoration techniques
would follow methodologies consistent with natural channel design and the recommendations of the
Stream Mitigation Guidelines (April 2003). Cattle would be prevented from entering the two streams and
adjacent riparian areas except at designated stabilized crossings. Riparian areas would range from 50 to
150 feet in width and would be designed to restore targeted natural communities. The bank would be
placed under a permanent conservation easement. The purpose of the bank is to provided stream and
buffer mitigation for impacts resulting from future permitted projects.
Forrest Creek is a tributary to South Fork Little River in the Neuse River basin. There are records
for the state special concern notched rainbow (Villosa constricta) in Forrest Creek. In addition, there are
records for the federal species of concern and state endangered Atlantic pigtoe (Fusconaia masoni), the .
federal species of concern and state significantly rare pinewoods shiner (Lythrurus matutinus), and the
state threatened creeper (Strophitus undulatus) in South Fork Little River.
The proposed stream restoration, enhancement, and preservation activities will benefit water
quality and aquatic habitat within and downstream of the project site. Although we concur with the
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
2 'd Sz9L-6fri1-966 querjg -I's .18T:60 -90 Lo aeu
r,
Page 2 ,
7 December 2006
Forrest Creek Mitigation Bank
Action ID No. 200521199
establishment of the proposed Forrest Creek Mitigation Bank, we offer the following comments and
recommendations on the proposed project.
I . The Prospectus and Mitigation Banking Instrument (MBI) did not provide detailed information
on the proposed cattle crossing. A photo.of a cattle crossing was sent to the MBRT in July 2006.
However, it is unclear whether this is the existing cattle crossing or the one proposed in the
Prospectus. If this is the proposed cattle crossing, we are concerned about the drop in the stream
bed on the downstream side of the crossing. Ideally, we would prefer no more than a 6 inch drop.
A rock weir or seal installed on the downstream side would help maintain grade control in the
crossing and a series of weirs may be needed to step down the drop. Based on the photo, it
appears the channel is slightly over wide at the crossing. Provided water is directed back into a
narrower channel using the rock-weir mentioned above this may not be an issue. Also, we have
found that a low, wide floodplain before and after the crossing will help to reduce sediment
accumulation in the crossing and reduce maintenance needs. We prefer the use of geo-textile
fabric and rock to stabilize the bottom rather than concrete. Fencing that is permanently installed
across a stream can trap debris and require maintenance. Instead, we suggest that cable is
installed at the crossing to prevent cattle from accessing the crossing. When the cattle need to
cross the stream, these cables can be detached and stretched across the stream to the fencing on
the other stream bank. This allows the cattle to cross and limits access to only the crossing. Once
the cattle have crossed, the cables can be reattached to the fencing to prevent cattle from
accessing the crossing.
2. The credit release schedule detailed in the Prospectus and MBI is not consistent with the one
detailed in the Stream Mitigation Guidelines (April 2003). We recommend the credit release
schedule be consistent with that in the Stream Mitigation Guidelines (April 2003).
3. Due to the presence of listed species in downstream reaches of Forrest Creek, we recommend that
specialized efforts and techniques are implemented to reduce sediment runoff from
construction/restoration activities. Excessive silt and sediment loads can have numerous
detrimental effects on aquatic resources including destruction of spawning habitat, suffocation of
eggs, and clogging of gills of aquatic species.
Thank you for the opportunity to comment on this project. If we can provide further assistance,
please contact our office at [phone].
ec: Rob Nichols, WRC
Corey Oakley, WRC
6 • d SZ9L-6 big-9EE queR..ig • 1 • S d81 :60 90 GO oaci
Matthews, Monte K SAW
From: [e-mail]
Sent: Friday, December 01, 2006 1:52 PM
To: Matthews, Monte K SAW; [e-mail]
Subject: Fw: comments to PN for Forrest Creek Mitigation Bank
----- Forwarded by Kathy Matthews/RTP/USEPA/US on 12/01/2006 01:52 PM -----
Rich Mogensen <[e-mail]> To Kathy Matthews/RTP/US EPA/US@ EPA
cc
12/01/2006 01:48 PM Subject RE: comments to PN for Forrest Creek Mitigation Bank
Kathy,
Thanks for the comments and I will discuss with Todd St. John to address appropriately.
Richard K. Mogensen
Director
Mid-Atlantic Mitigation, LLC
9301 Aviation Blvd. Suite CE1
Concord, NC 28027 ,
Office: [phone]
Fax: [phone]
Cell: [phone]
From: Matthews. [e-mail] [mailto: Matthews. [e-mail]]
Sent: Friday, December 01, 2006 1:31 PM
ro: [e-mail]
Subject: Fw: comments to PN for Forrest Creek Mitigation Bank
Sorry, Rich,
spelled your name wrong on the first email. Please see below thanks!
,athy Matthews
ISEPA - Region 4 Wetlands Section
09 T.W. Alexander Dr.
turham, NC 27711
IAIL CODE: E143-04
hone 919-541-3062
,11919-619-7319
-- Forwarded by Kathy A4atthews!RTPrUSEPA/US on 12/01/2006 01:30 PM
2/22/2006
Page 1 of 2
Page 2 of 2
Kathy V
Matthews/RTP/USEPA/US
To Monte Matthews
12/01/2006 12:19 PM cc Rebecca Fox/R4/USEPA/US@EPA, [e-mail], [e-mail], [e-mail],
[e-mail], [e-mail], [e-mail]
Subject comments to PN for Forrest Creek Mitigation Bank
Hi Monte,
Thanks for the opportunity to comment on the Public Notice for Forrest Creek Mitigation Bank (SAW-2006-41252-128).
Becky and I have reviewed the MBI and prospectus, and our only comment at this time concerns the credit-release
schedule. We have previously recommended that the credit-release schedule be revised to reflect the schedule in the
April 2003 Interagency Stream Mitigation Guidelines. In particular, the Guidelines require bank stability through at least
one bankful event in the first year of monitoring, in order to receive 20% of the stream credits. If there is no-bankful event
that year, then 10% of the credits are released (upon 1st year success). The following monitoring years have similar
requirements (if there has not been a bankful event since construction).
The credit-release schedule in the latest version of the MBI still does not reflect the requirements of the Stream
Guidelines, and we again recommend that it be revised to do so.
Please feel free to call Becky or me if you have any questions about our comments.
Thanks!
Kathy Matthews
USEPA - Region 4 Wetlands Section
109 T.W. Alexander Dr.
Durham, NC 27711
MAIL CODE: E143-04
phone [phone]
cell 919-619-7319
12/22/2006