20130455 Ver 1_COE - Approval Letter and Comments_20130628

Strickland, Bev
From: Kulz, Eric
Sent: Monday, July 01, 2013 8:44 AM
To: Strickland, Bev
Subject: FW: Notice of NCEEP Mitigation Plan Approval - Twin Bays Restoration Project; Duplin County (SAW- 2012 - 01285)
(UNCLASSIFIED)
Attachments: Twin Bays Approval Letter and Comments.pdf
For laserfiche 13 -0455
Eric W. Kulz
Environmental Senior Specialist
N.C. Division of Water Quality
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
1650 MSC
Raleigh, NC 27699 -1650
Phone: [phone]
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed
to third parties
- - - -- Original Message---- -
From: Crumbley, Tyler SAW [mailto:Tyler.Crumbley @ usace.army.mil]
Sent: Friday, 3une 28, 2013 11:28 AM
To: Ellison, Michael
Cc: Tugwell, Todd SAW; Crumbley, Tyler SAW; [e-mail]; Karoly, Cyndi; Kulz, Eric; 3ones, Scott SAW; Marella
Buncick ( Marella [e-mail]); McLendon, Scott C SAW; Cox, David R.; 3urek, 3eff; Pearce, Guy; Ellis, Eric; Sollod,
Steve; Gibby, jean B SAW; [e-mail]; Wilson, Travis W.; Emily 3erniganofws.gov; Kathryn Matthewsofws.gov;
Schaffer, 3eff; Miguez, Kristin; Bailey, David E SAW; Sugg, Mickey T SAW; Beter, Dale E SAW; Montgomery, Lori; Tim Morris;
Wicker, Henry M 3R SAW
Subject: Notice of NCEEP Mitigation Plan Approval - Twin Bays Restoration Project; Duplin County (SAW- 2012 - 01285)
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Mr. Ellison,

Attached is the approval letter for the Twin Bays mitigation project, along with all the comments that were generated during
the IRT's review of the project on the Mitigation Plan Review Portal,
*Please note that this approves the draft mitigation plan, but also identifies a major concern with the plan that must be
addressed in the Final Mitigation Plan,
When the permit application is submitted for Nationwide Permit #27 authorization, a copy of this letter should be included
along with a copy of the Final Mitigation Plan, Also, please ensure that the Final Mitigation Plan is posted to NCEEP's
documents portal so that all members of the IRT have access to the final plan.
Please let me know if you have any questions about the process or the attached letter,
Regards,
Tyler Crumbley
Regulatory Division
Wilmington District
U.S. Army Corps of Engineers
11405 Falls of Neuse Road
Wake Forest, NC 27587
(919) 846 -2564
Classification: UNCLASSIFIED
Caveats: NONE
4

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO p
ATTENTIONOF: 28 June, 2013
Regulatory Division
Re: NCIRT Review of Twin Bays Draft Mitigation Plan; NCEEP# 95363; SAW 2012 -01285
Mr. Michael Ellison
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699 -1652
Dear Mr. Ellison:
The purpose of this letter is to provide the North Carolina Ecosystem Enhancement Program
(NCEEP) with all comments generated by the North Carolina Interagency Review Team (NCIRT)
during the 30 -day comment period for the Twin Bays Draft Mitigation Plan, which closed on 5 June,
2013. These comments are attached for your review. Additionally, this letter provides a brief account
of further review by the USACE, NCEEP, and the contracted provider, KCI Associates of North
Carolina, PC.
Based on our review of these comments, we have identified one major concern with the Draft Mitigation
Plan. This issue stems from the allowance of ditches adjacent to the project to remain open and the
credit generation of those areas affected by the ditch drainage. The USACE requested that those areas
subject to the permanent drainage be removed from credit generation as restoration, due to the known
drainage effect of the ditches. This issue was also present on another KCI project under portal review at
the same time (Bear Basin). Based on the concern, and comments provided by the USACE/NCIRT
during the portal review process (comments attached), KCI provided an email response and a request to
meet and discuss justification for the proposed credit generation on those affected areas for both
projects. Subsequently, a meeting was conducted on 27 June, 2013. The discussion included a review
of modeling results for pre -and post - construction ditch effect, lack of existing groundwater hydrologic
data, hydrologic inputs /exports of the sites, and potential for movement of ditches or ditch alterations.
It was agreed upon that a "non- credit generating" buffer be placed along all the ditches that are to
remain open. This buffer represents a zone of influence from the remaining ditches and will be at a
distance somewhere between the ditch edge and the previously modeled results of effective drainage (0'-
76' for Twin Bays) that will result in zero credit generation. There will be a secondary zone that may
result in generation of restoration credits. This zone will be determined by monitoring transects of wells
and the resulting data supporting the presumption that the work conducted will have a mitigating effect
on the influence of the remaining permanent ditches. Furthermore this area will be held to the stated
performance standard for hydroperiod in the Draft Mitigation Plan (8% of the growing season). Please

note that prior to finalizing the mitigation plan, we must approve the width of the zones discussed above.
The resolution of these issues must be included in the Final Mitigation Plan.
The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN) Application
for Nationwide permit approval of the project along with a copy of this letter and a summation of the
addressed comments. If it is determined that the project does not require a Department of the Army
permit, you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the
appropriate USACE field office at least 30 days in advance of beginning construction of the project.
Please note that this approval does not preclude the inclusion of permit conditions in the permit
authorization for the project, particularly if issues mentioned above are not satisfactorily addressed.
Additionally, this letter provides initial approval for the Mitigation Plan, but this does not guarantee that
the project will generate the requested amount of mitigation credit. As you are aware, unforeseen issues
may arise during construction or monitoring of the project that may require maintenance or
reconstruction that may lead to reduced credit.
Thank you for your prompt attention to this matter, and if you have any questions regarding this
letter, please call us at 919- 846 -2564.
Sincerely,
Digitally signed by
CRUMBLEY.TYLER.AUTRY.
wwi
1007509975
Date: 2013.06.2811:17:35
- 04'00'
Tyler Crumbley
Regulatory Specialist
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
CESAW -RG /Wicker
CESAW -RG -L /Bailey
Jeff Jurek, NCEEP
Jeff Schaffer, NCEEP
Kristin Miguez, NCEEP

REPLY TO
ATTENTION OF:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
CESAW -RG /Crumbley 5 June, 2013
MEMORANDUM FOR RECORD
SUBJECT: Twin Bays- NCIRT Comments During 30 -day Mitigation Plan Review
Purpose: The comments and responses listed below were posted to the NCEEP Mitigation Plan
Review Portal during the 30 -day comment period in accordance with Section 332.8(g) of the
2008 Mitigation Rule.
NCEEP Project Name: Twin Bays Restoration Site, Duplin County, NC
USACE AID #: SAW- 2012 -01285
NCEEP #: 95363
30 -Day Comment Deadline: 5 June, 2013
1. Eric Kulz, NCDWQ, 8 May, 2013: The mitigation plan acknowledges that the ditch that is to
remain open along the southern property boundary will have an effect on the hydrology of
the site, but the various figures and wetland restoration totals do not take this effect into
account. Some reduction of wetland credit is likely. The proposed placement of hydrology
gauges should be adequate to determine this effect.
2. T. Crumbley and T. Tugwell, USACE, 4 June, 2013:
• The goals and objectives for this project are specific, related, and appropriate for this
site.
• Please review the indicator statuses of red maple, tulip poplar and water oak in section
7.1 Pg 18 of the plan. Insert "live, planted stems" at 210 /acre and remove the word
"mature" from the survivability discussion.
• Sec. 7.3, Proposed Conditions: Please remove the area directly adjacent to open ditch
(-76' based on modeling) from the acreage calculation at south portion of the site.
Move paired wells back to the edge of potential wetland (i.e. 75' from ditch).
• Sec. 9.0 Vegetation Success, Criteria for meeting performance standards should also
include the terms "live, planted stems" criteria for success.