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HomeMy WebLinkAbout20130865 Ver 1_USACE Approval_20131010Strickland, Bev From: Kulz, Eric Sent: Thursday, October 10, 2013 2:59 PM To: Strickland, Bev Subject: FW: Approval Letter: NCEEP Draft Mitigation Plan / Best Site Stream and Wetland / Duplin County / SAW- 2012 -01384 (UNCLASSIFIED) Attachments: Approval Letter-2012-01384-Best Site_EEP.pdf 13 -0865 Eric W. Kulz Environmental Senior Specialist 401 and Buffer Permitting Unit NCDENR - Division of Water Resources - 1650 MSC Raleigh, NC 27699 -1650 Phone: (919) 807 -6476 Water Quality Programs 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: Thursday, October 10, 2013 2:57 PM To: Baumgartner, Tim Cc: Crumbley, Tyler SAW; Tugwell, Todd SAW; bowers.todd(@epa.gov; Karoly, Cyndi; Kulz, Eric; Jones, Scott SAW; Marella Buncick ( Marella Buncick(@fws.gov); McLendon, Scott C SAW; Cox, David R.; Pearce, Guy; Sollod, Steve; Gibby, Jean B SAW; Wilson, Travis W.; Emily Jernigan(@fws.gov; Kathryn Matthews(@fws.gov; Schaffer, Jeff; Wicker, Henry M JR SAW; Miguez, Kristin; Bailey, David E SAW; Sugg, Mickey T SAW; Shaver, Brad E SAW; Beter, Dale E SAW; Gregson, Jim; Daniel Ingram Subject: Approval Letter: NCEEP Draft Mitigation Plan / Best Site Stream and Wetland / Duplin County / SAW- 2012 -01384 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Tim, Attached is the approval letter for the Best Site Stream & Wetland Restoration project Draft mitigation plan (EEP# 95353). Also attached are all the comments that were generated during the IRT's review of the project on the Mitigation Plan Review Portal. *This letter approves the mitigation plan, but also identifies several minor concerns with the draft mitigation plan that must be addressed in the Final Plan. When the permit application is submitted for Nationwide Permit #27 authorization, a copy of this letter and all correspondence regarding the updated jurisdictional determination 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. 1 Thank you. 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 REPLY TO ATTENTIONOF: 10 October, 2013 Regulatory Division Re: NCIRT Review and USACE Approval of the Best Stream and Wetland Project Draft Mitigation Plan; SAW 2012 - 01384; EEP 495353 Mr. Tim Baumgartner North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699 -1652 Dear Mr. Baumgartner: 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 Best Stream and Wetland Restoration Project Draft Mitigation Plan, which closed on 11 September, 2013. These comments are attached for your review. Based on our review of these comments, we have determined that no major concerns have been identified with the Draft Mitigation Plan. However, the minor issues with the Draft as discussed in the attached comment memo must be addressed 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, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at 919- 846 -2564. Sincerely, Digitally signed by ,t CRUMBLEY.TYLER.AUTRY.1 �! 7 007509975 Date: 2013.10.10 14:54:04 - 04'00' Tyler Crumbley Regulatory Specialist Enclosures Electronic Copies Furnished: NCIRT Distribution List CESAW -RG /Wicker CESAW -RG -L /Bailey NCEEP- Kristin Miguez REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 CESAW -RG /Crumbley 12 September, 2013 MEMORANDUM FOR RECORD SUBJECT: Best Site- NCIRT Comments During 30 -day Mitigation Plan Review PURPOSE: The comments 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: Best Site Stream and Wetland Restoration Project, Duplin County, NC USACE AID #: SAW- 2012 -01384 NCEEP #: 95353 30 -Day Comment Deadline: 11 September, 2013 1. David Bailey, USACE, 16 August 2013: • Note that a final JD has not been approved nor requested for this site. A final JD could affect wetland restoration /enhancement targets, particularly in the NE corner of the project area. 2. Eric Kulz, NCDWR, 6 September, 2013: • The site appears to be a good candidate for a mitigation site. Stream valleys are well - defined and slopes should support stream flows. DWR has no issues with this site. 3. Kristin Miguez, NCEEP, 11 September, 2013: • In response to David E. Bailey's comment on 8/16/2013 - EBX has now requested a JD for this project, and the site visit is scheduled for 10/8/2013. 4. T. Crumbley, USACE, 11 September, 2013: • Pg. 50, Table 17: Credit Release Schedule (Streams): Paragraph 6.2 States that a 15% credit withholding shall occur prior to demonstration of 2 bankfull events within separate years of the monitoring period, but those credit withholdings are not shown in Table 17. Please revise. UT1 & W1: During Field discussion on 4 SEP 12 it was agreed that wells should be installed and a pressure transducer should also be installed to determine the amount of flow and length /time of flow of the stream and to determine success of the proposed work on both stream and wetland. Please allow for replanting /vegetation management activities particularly on UT1, Wetland W1 and UT4, due to increased hydrology and possible mortality of existing trees (mostly poplar). There was also a suggestion in the field on 4 SEP 12 to install wells in the headwater section of UT4 to monitor hydroperiod and wetland baseline conditions. Please advise if this will occur in final mit plan. A perched /eroding culvert on UT 4 exists currently. This is slated for relocation in the valley to allow for access within the headwater portion of this system. In the field on 4 SEP 12, it was discussed to possibly install more than one culvert on this system due to the proposal for multithread channels above and below the crossing. Please further address the proposed action on this crossing. Pg. 68 Wetland W1: The proposal for berm construction to artificially retain water and provide "...an ideal point for a beaver dam" is a concern for us. Please be aware that complete inundation sufficient to retard plant /tree growth or create areas of open - water may be considered unsuccessful and not receive full credit for wetland or stream restoration. • Pg. 83, Section 9.2 Performance Standards for Wetlands: It is stated that no WETS table exists for the County and that gauge data will be compared to reference wetland well data, but no reference wetlands were identified in Section 7.1.2, Pg. 56. We believe a target of 5% hydroperiod for riparian wetlands is too low (barely jurisdictional). Please review and revise this section of hydrologic performance standards on riparian wetlands or provide additional justification for the proposed standards. /s/ Tyler Crumbley Regulatory Specialist, Regulatory Division