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Home My WebLink About20040325 Ver 2_Other Agency Comments_20100625 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 REPLY TO ATTENTION OF: Regulatory Division Action ID. 2009-00189 June 24, 2010 R2@RW[4b JUN 2 5 2010 DENR - WATER QI.VTV WEMLANDS AND STOR1r16KER BFWJCM Mr. Stewart Precythe Southern Produce Distributors, Inc. Post Office Box 130 Faison, North Carolina 28341 Dear Mr. Precythe: This letter is a response to our evaluation, along with input from Interagency Review Team (IRT) members, of the April 2010 Wetland Mitigation Plan for the development of Barra Farms Phase II Wetland Mitigation Bank located near Cedar Creek, in Cumberland County, North Carolina. Also, please reference the IRT responses to the October 2009 Wetland Mitigation Plan, which were provided to your agent, Land Management Group Inc. via e-mail; and my November 2, 2009 onsite assessment with Mr. Christian Preziosi of Land Management Group along with Ms. Kathy Matthews of U.S. Environmental Protection Agency. The following items must be further addressed, clarified, and/or updated prior to final approval of the wetland mitigation plan: 1) On-going Timber Harvesting: As previously requested, the current plan included a brief description and map of the areas that have been timbered within the last year to 30 years ago. This information was valuable in determining the plant community successions and credit ratios for the preservation areas. However, the absence of present and future timbering is of more importance. It is difficult for the IRT to fully evaluate the mitigation plan when timber harvesting is presently on-going and could occur up to the point when the mitigation construction takes place. As disclosed in 4.0 Site Description (A) on pg. 6, it is stated that on-going silviculture activities "include ditching, construction of temporary forestry roads, and logging"; further stating that "such practices continue on Barra II". Please provide all present and future silviculture activity plans, including time frames and tree species being harvested. On-going timber activities could potentially affect final credit ratios. Be aware that any timber, or other, leases must be disclosed prior to any release of credits, and must be includes in the property title search documentation. r -2- 2) Firing Range Lease (reference Appendix D in the plan): The IRT overall feels that the proposed firing range, as described in the Appendix D, would not compromise the mitigation integrity of Section 1-3 during the 5-year lease. However, there is a concern if the lease is extended and/or becomes long-term. Under 5.02 of the lease agreement, it states, "Tenant shall be responsible for maintaining water ways/ditches/canals free from blockage or debris upon the Premises during the lease term." One concern would be the potential of the tenant constructing new ditches along the range boundaries with Sections 2 & 3. There must be an assurance in place, or an adjustment to the boundaries along these sections, to address this scenario. Lastly, please include a boundary survey plat of the legal description in Exhibit "A" of the lease agreement in the plan. This lease agreement must be addressed when drafting the Mitigation Banking Instrument (MBI). 3) Phase Approach: Plans to separate the mitigation into four sections is understandable considering the size of the property. With this approach, our office will be requiring a notification to the IRT prior to proceeding with each section. The notification for each separate section must include, but not limited to, a conservation easement agreement, financial assurances, title search, boundary survey, a monitoring site plan mapping each location for the hydrologic wells and vegetation sampling plots, and any construction modifications. The notification language must also be included in the phase approach discussion of the plan, as well as documented in the MBI. Please be aware that a Nationwide Permit No. 27 will likely be required for the construction of each section. 4) Vegetation Success Criteria: The following criteria will be added to the existing requirements stated in 7.0 Post-Construction Monitoring and Management (A) of the plan- "No single volunteer species (most notably, red maple, loblolly pine, and sweet gum) will comprise more than 50% of the total composition at year 2 or 3. If this occurs, remedial action, as approved by the Interagency Review Team (IRT), will be implemented. During year 4 & 5, no single volunteer species, comprising over 50% of the total composition, may be more than twice the height of the planted trees. If this occurs, remedial action, as approved by the IRT, will be implemented. The need to conduct additional volunteer sampling after year 5 will be determined by the IRT". 5) Preservation: The preservation ratio in the mitigation plan must be changed from 5:1 to7:1; and all credits/tables/maps modified accordingly. 6) Miscellaneous: (a) The plan shows five collector ditches to be filled in completely in Section 2 of the bank. Some of the water in these ditches flow westerly, and empty into the main western boundary canal via culverts. During my November 2"d inspection, it was observed that some of the sidecast material and the existing roads along the ditches may not have enough material for backfilling. When this section is implemented, you must ensure that all culverts are removed and the tie-end points with the western boundary canal are sufficiently blocked/plugged. -3- (b) For the main western boundary canal, the plan must verify the proposed distance from the canal that has been designated as "Remaining Uplands" in Figure 11. This distance can be noted in that figure. (c) For the east-west main collector ditch/canal between Barra Farms I Mitigation Bank and Section 3 & 4 of Barra II, it is difficult to discern from Figure 10 & I OC whether the canal will be plugged, backfilled, or remain open. Please clarify and plainly show in the figures. (d) Verify the nonexistence of a ditch along the southwest property boundary in Section 1. If a ditch is present, deduct restoration credits where drainage influence is expected. (e) In 9.0 Site Management (A)(3) of the plan, include the removal of beaver dams in the areas where restoration is to occur. This must be implemented during the entire 7-year monitoring period, and is expected to help prevent long-term flooding of the planted areas and to enhance the survivability of the trees. (f) Lastly, include Figure 13 (Geographic Service Area map) in the restoration plan; and overlay roads, towns, streams, etc. on the map for reference points. Please make these corrections to the wetland mitigation plan and resubmit to our office for final approval. If you have any questions regarding the banking process or moving forward with the establishment of your proposal, please do not hesitate to contact me at the Wilmington Regulatory Field Office, telephone (910) 251-4811. Copies Furnished: Mr. Steve Sollod Transportation Project Coordinator Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 27699-1638 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Sincerely, Mickey Sugg, Project Manager Wilmington Regulatory Division S. Tammy Hill Division of Water Quality N.C. Department of Environment and Natural Resources 2321 Crabtree Boulevard Raleigh, North Carolina 27626-0535 Mr. Howard Hall U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh North Carolina 27636-3726 Ms. Molly Ellwood N.C. Wildlife Resources Commission 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Travis Wilson N. C. Wildlife Resource Commission 1142 I-85 Service Road Creedmoor, North Carolina 27522 Mr. John Dorney Division of Water Quality N.C. Department of Environment and Natural Resources 2321 Crabtree Boulevard Raleigh, North Carolina 27626-0535 -4- Mr. Steve Everhart Division of Coastal Management N.C. Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Becky Fox U.S. Environmental Protection Agency Wetlands Regulatory Section- Region IV 1349 Firefly Road Whittier, North Carolina 28789 Messrs. Christian Preziosi and Brent Manning Land Management Group, Inc. Post Office Box 2522 Wilmington, North Carolina 28402