Loading...
HomeMy WebLinkAbout20180182 Ver 1_MY1 Credit Release (SAW-2017-01927)_20210420CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Cidney/Kevin, Please find attached the MY1 Credit Release letter for the Red Barn Mitigation Bank (SAW-2017-01927). As requested, credit is being released for approved stream restoration and enhancement activities that satisfy the MY1 release requirements pursuant to the Mitigation Banking Instrument (UMBI) entitled, "Agreement to Establish the Red Barn Mitigation Bank in the Yadkin River Basin (HUC 03040101), Surry County, North Carolina", approved December 18, 2019 and the final Red Barn Mitigation Plan dated November 2019. The attached letter releases 803.2 SMU's, which are equal to 10% of the mitigation site's total stream restoration and enhancement credits. No wetland credits were released at this time. Make sure to address any action items or future monitoring concerns incorporated into the letter. Also attached you will find MY1 comments from the EPA and additional IRT comments within the meetings minutes from the IRT field visit on March 23, 2021. Feel free to contact me with any questions. This electronic copy is an official Department of the Army Notification. Regards, Steve Kichefski Regulatory Project Manager U.S. Army Corps of Engineers Wilmington District, Asheville Field Office 151 Patton Avenue, Suite 208 Asheville, NC 28801 (828)-271-7980 Ext. 4234 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at https://urldefense.com/v3/__http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0__;!!HYmSToo!J-EV_4NY5nJVhif4n6bnm9eI_FcUDIEYthAH8JoBvG0h0baai4CSa6QXj5iLRxXh8DE$ to complete the survey online. The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at https://urldefense.com/v3/_http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0_;! !HYmSToolJ- EV_ 4NY5nJVhif4n6bnm9e1_FcUDIEYthAH8JoBvGOhObaai4CSa6QXj5iLRxXh8DE$ to complete the survey online. 2 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801-5006 April 20, 2021 Regulatory Division Action ID No. SAW-2017-01927 Re: MY1 credit release of the Red Barn Mitigation Bank Mr. Kevin Tweedy Ecosystem Planning & Restoration, PLLC 1150 SE Maynard Rd., Ste 140 Cary, NC 27511 Dear Mr. Tweedy: This correspondence is in reference to the Monitoring Year 1 (MY1) Report and request for credit release, dated January 19, 2021, for the Red Barn Mitigation Bank. Also please reference the NC Interagency Review Team (NCIRT) site visit meeting held on June 23, 2021 and the site visit meeting minutes provided by EPR via email on March 26, 2021. The Red Barn Mitigation Bank Site is located off Ester Drive/Timeless Trail Road, south of NC 80 and approximately 0.5 miles west of Mount Airy in Surry County, North Carolina. The 25.4-acre site project entails stream restoration and enhancement generating cool stream mitigation units (SMU's), as well as, wetland rehabilitation and creation generating riparian wetland mitigation units (WMU's) along tributaries to Stewarts Creek, in the Upper Yadkin Watershed of the Upper Pee Dee River Basin (03040101). Pursuant to the Mitigation Banking Instrument (UMBI) entitled, "Agreement to Establish the Red Barn Mitigation Bank in the Yadkin River Basin (HUC 03040101), Surry County, North Carolina", approved December 18, 2019; and the site -specific Red Barn Final Mitigation Plan dated November 2019, ten percent (10%) of the mitigation site's total stream restoration and enhancement credits shall be available for sale immediately upon completion of the required tasks. The MY1 Report and cover letter referenced, document that most wetland gauges on the Site are not meeting the hydroperiod performance criteria. EPR is evaluating its options in this regard and no wetland credit for is currently being released for MY1. By copy of this correspondence, we confirm that you have satisfied the above requirements for the Year 1 cool stream credit release for all parcels within the bank and 803.2 SMU's are now available for sale. To date, 3,212.8 SMU's constituting forty percent (40%) of the site's total stream restoration and enhancement credits, as well as, 0.61 WMU's constituting thirty percent (30%) of the site's wetland rehabilitation and creation credits have been released for sale. During the NCIRT site meeting of March 23, 2021, several comments were made by agency representatives regarding concerns noted with site conditions. Many of these concerns were summarized in the site visit minutes submitted on March 26, 202. Those and other agency concerns include: 1. IRT concerns over most wetland gauges on the Site not meeting the hydroperiod performance criteria. EPR needs to determine their recommended course of action. If this involves abandoning wetland credits, the IRT needs to be notified, the WMU's already released will need to be addressed, as well as, an evaluation of whether there was a reduction of wetland, as a result of the project. 2. Continued concerns regarding the amount of sediment deposition on UT2 where it enters the project area and now further down that reach. Continue to update on this area in future monitoring reports. 3. Graphs on page 87-102, need to fix right side y axis to reflect rainfall in inches per month (not per day). 4. The vegetation plot data appears to be heavily influenced by Sycamore throughout the site creating dominant species composition criteria to be exceeded in many locations, mainly the random plots. Not very concerned with mortality at this point although another year of abnormal precipitation patterns may influence the outcome of MY2. Recommend EPR moving forward with AMP for planting bare root stock to increase species diversity and stem density. 5. Stream Gage SG2 can remain in its current location and the IRT concurs with moving WG9 to just within the wetland boundary. 6. Vegetation was noted in the lower end of UT1 and the IRT expressed concern for the long-term presence of a stream channel versus wetland. Continue to update on this area in future monitoring reports. 7. Notification is needed once the amend and release to the CE is finalized in the three areas agreed upon. Thank you for your time and cooperation. If you have any questions, please contact Steve Kichefski at (828) 271-7980 extension 4234. Sincerely, for KICHEFSKI.STEVE Digitally signed by N.L.13869O8539 Scott Jones, Chief Asheville and Charlotte Regulatory Field Offices KI CH EFSKI.STEVEN.L.1386908539 Date: 2021.04.20 17:31:23 -04'00' Electronic Copies Furnished: Erin Davis (NCDWR) Andrea Leslie (NCWRC) Travis Wilson (NCWRC) Holland Youngman (USFWS) Todd Bowers (USEPA) Todd Tugwell (USACE) Kim Browning (USACE) Casey Haywood (USACE) Scott Jones (USACE) From: Bowers, Todd To: Kichefski, Steven L CIV USARMY CESAW (USA) Cc: Browning, Kimberly D CIV USARMY CESAW (USA) Subject: [Non-DoD Source] RE: SAW-2017-01927 Red Barn Mitigation Bank MY1 Report Date: Monday, February 22, 2021 4:02:30 PM Attachments: imaae003.pnq Steve, Thank you for the opportunity to review and provide comments on the MY1 Report for the Red Barn Mitigation Bank in Surry County, NC. EPR submitted the report for IRT review in January 2021 and a site visit is planned for March 22, 2021 to provide follow-up on -site analysis of the site and corrective actions if needed especially in the vicinity of the dry channel noted in the site visit last June. As expected, due to Covid-19 travel restrictions, I will not be present at the site visit as currently planned. Therefore, I have provided my response now in order for EPR to move ahead with corrective action especially in regard to supplemental planting of bare -root stock proposed to increase site diversity and stem count. • Minor areas and incidences of encroachment noted in vicinity of UT3 and it appears that corrective action was rapid and effective (landowner notification, cooperation and additional signage). No further comment. • Graphs on page 87-102 need to fix right side y axis to reflect rainfall in inches per month (not per day). • Obviously wetland hydrology hydroperiod criteria was not met with the exception of RBWG-8. I concur with withholding wetland credits scheduled for release in association with MY1. Unfortunately it appeared to be a very dry late spring/early summer last year and the wetland hydrology appears to have been influenced only by overbank events. • The vegetation plot data appears to be heavily influenced by Sycamore throughout the site creating dominant species composition criteria to be exceeded in many locations; mainly the random plots. Not very concerned with mortality at this point although another year of abnormal precipitation patterns may influence the outcome of MY2. Recommend EPR moving forward with AMP for planting bare root stock to increase species diversity and stem density however they should do so immediately before the dormant period closes for this year. • Deviations of six cross sections (only 5 listed on page 10) in BHR and ER reductions most likely due to slight aggradation in riffles was noted. No further comment. Thanks again for the opportunity to provide feedback on the Red Barn Mitigation Bank MY1 Report. Best Regards, Todd B. Todd Allen Bowers US EPA Region 4 Oceans, Wetlands and Streams Protection Branch 61 Forsyth St. SW Atlanta, GA 30303 404.562.9225 Bowers.todd@epa.gov Note: I am currently teleworking and away from the office. Please contact me via email or at 919.523.2637. From: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil> Sent: Wednesday, February 10, 2021 11:08 AM To: Erin Davis <erin.davis@ncdenr.gov>; Andrea Leslie (Andrea.Leslie@ncwildlife.org) <Andrea.Leslie@ncwildlife.org>; travis.wilson@ncwildlife.org; Tugwell, Todd J CIV USARMY CESAW (USA)<Todd.J.Tugwell@usace.army.mil>; Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil>; Haywood, Casey M CIV (USA) <Casey.M.Haywood@usace.army.mil>; Bowers, Todd <bowers.todd@epa.gov>; Hamstead, Byron <byro n_h a m ste a d @ fws.gov> Cc: Jones, M Scott (Scott) CIV USARMY CESAW (USA) <Scott.Jones@usace.army.mil> Subject: SAW-2017-01927 Red Barn Mitigation Bank MY1 Report Good Morning, The Year 1 Monitoring Report review and credit release has been requested by EPR. 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 Year 1 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 EPR and the NCIRT along with District Engineer's intent to approve or disapprove this Year 1 Monitoring Report credit release. Please note, we previously had an IRT site visit to review the Red Barn draft As -Built on June 10, 2020 and the final As -Built was submitted September 18, 2020. Between the two reports, some areas were identified as concerns to monitor, including finishing the CE fencing, completing the footbridge and ATV crossings, removing 3 areas from the CE (2 crossings and 1 sliver of boundary w existing fencing), sediment deposition in UT2 and a section of dry channel downstream of the culvert on UT1. The MY1 report addresses the concerns expressed last year as well as documents additional items. Amongst the various MY1 report results, EPR notes that the project wetlands are not meeting performance standards and are not seeking wetland credit at this time. They also propose to "... move SG 2 from its current location to the first pool downstream of the culvert. The location and data for this gauge will be provided in the next monitoring report." This is in response to the short section of dry channel identified during last June's site visit. I have included the Red Barn Mitigation Site with our Monday, March 22 Yadkin visits due its close proximity to the Hair Sheep Site scheduled for that day. If you feel the MY1 results are of enough concern that credit should not be released prior to the March 22nd site visit, please indicate that with your comment response. Sponsor: Ecosystem Planning & Restoration (EPR) Name: Red Barn Mitigation Site USACE ID: SAW-2017-02529 River Basin: Upper Yadkin Watershed; Upper Pee Dee River Basin H U C: 03040101 County: Surry CREDIT RELEASE: 10-percent of the total stream restoration and enhancement credits: 803.2 stream mitigation units 15-Day Comment Start Date: February 10, 2021 15-Day Comment Deadline: February 24, 2021 *NOTE: If a site visit is request by the IRT, comments are due 15 days after the site visit is complete. You can find the MY1 Report and Cover Letter on RIBITs, under the Monitoring Reports, at the link below. https://ribits.ops.usace.army.mil/ords/f? p=107:278:11467618519579::NO::P278_BANK_ID:4775 Feel free to contact me with any questions. Regards, Steve Kichefski Regulatory Project Manager U.S. Army Corps of Engineers Wilmington District, Asheville Field Office 151 Patton Avenue, Suite 208 Asheville, NC 28801 (828)-271-7980 Ext. 4234 (828)-933-8032 cell The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 to complete the survey online. ECOSYSTEM PLANNING & RESTORATION Red Barn IRT Meeting Minutes Date: March 23, 2021 Time: 3:00 — 5:10 PM Location: Red Barn Mitigation Bank Site; Mount Airy, NC Attendees: Steven Kichefski - USACE Todd Tudwell — USACE Erin Davis - NCDEQ Andrea Leslie — NC WRC Jake Byers - EPR Kevin Tweedy — EPR Minutes: • Minutes recorded by Kevin Tweedy and Jake Byers. • Kevin and Jake started the meeting with a brief overview of the site conditions at the end of Year 1 monitoring, and concerns/issues that were raised in the Year 1 monitoring report, which included: o Most groundwater wells did not meet wetland hydrology criteria. Group discussed options of changing the wetland crediting for the site, or possible abandoning wetland credits all together. EPR is going to evaluate in the future and decide, and until that point will not request further wetland credit releases. o Update on easement encroachment issues. o Stream flow in UT1 and possible relocation of stream gage SG2. o Replanting of some areas with higher tree mortality. • The group walked north and started the site walk approximately 400 feet downstream of the start of UT1. The following notes are in regards to discussions during the walk of UT1: o Corps commented that some of the planted stems were very small. EPR attributes some of the higher mortality to the size of the stems that were planted and is one of the reasons supplemental planting is proposed. o Group inspected the conditions of Wetland WA in the vicinity of WG1, above the UT1 culverted crossing. EPR explained that the pre -restoration wetland hydrology appears to have been driven by perched water, and a depressional landscape. After restoration, the stream is providing some drainage of the valley, and there appears to be no connection between the local water table and the stream water level. Group agreed that hydrology in this area will be hard to obtain except for some isolated pockets, without a complete redesign and reconstruction. EPR is evaluating options for this area. o Group crossed the culverted crossing to the downstream reach of UT1. Group inspected the location of stream gage SG2. After discussion and review of the rest of UT1, Group agreed to leave SG2 in its current condition. o Corps noted that there was vegetation in lower end of UT1 and that flow as obviously reduced. Corps mentioned that they allow providers to remove vegetation from the channel during the first 3 monitoring years with no penalties to allow the stream to stabilize. Any "cleaning" should not be done right before a scheduled IRT field visit. o Group discussed performance of wetland gages WG4 and WG5, near the confluence of UT1 and UT2. Discussed poor performance of gages, and EPR's belief that the situation could be improved by cutting off some surface drainage that appears to be occurring. • Group then walked to the upper end of UT2. Concern as expressed about the sand load in the middle of the reach, but conditions appeared better at the top of the reach. EPR explained that while the sand load is high from offsite, the stream appears to be processing the sand without aggradation of the stream. • Group briefly looked at wetland WB in the vicinity of gage WG7 on the south side of UT2 and noted it had hydrology and standing water. • Group continued down UT2. EPR noted the wet floodplain that has formed along much of UT2 from approximately the culverted crossing downstream. Corps confirmed that any wetland credits developed from these areas would be at a "creation" ratio, due to the depth of cut. • Group inspected the foot bridge on lower UT2. No concerns were expressed. • Group continued up UT3. Group noted the wetland around well WG8 appeared much wetter than others, and it was the one well that met criteria during the previous year. • Group looked at location of well WG9 which was mistakenly installed just outside the proposed wetland line. EPR explained that they planned to move well WG9 downstream slightly to get away from the ATV crossing. Corps suggested to relocate this well to the south side of UT3. • Group discussed the ATV crossing. EPR explained that they plan to lay the left bank back slightly and install stone, so that an ATV can cross easier. EPR also explained that they expect very little is any ATV traffic in the future. • Tour concluded around 5:10. Steve said that he would issue the credit release letter for Year 1 (which will be stream credits only) later that week. EPR will evaluate options for the wetland on the site and notify the Corps of any plans before any actions are taken. • Corps confirmed that if EPR determined that wetland assets were not viable or they did not want to pursue, only a delineation at close out would be required to ensure that the total wetland area was not reduced. The Corps would also take into account that the pre - restoration wetlands were generally low quality.