20171041 Ver 1_Mitigation Evaluation_20211006

fires
October 5, 2021
Paul Wiesner
NC DEQ Division of Mitigation Services
5 Ravenscroft Drive, Suite 102
Asheville, NC 28801
360o Glenwood Avenue, Suite ioo
Raleigh, NC 27612
Corporate Headquarters
6575 W Loop S #300
Bellaire, TX 77401
Main: 713.520.5400
RE: Little Sebastian Mitigation Site: Mitigation Plan Addendum and Baseline Report and As -Built
Drawings (NCDMS Project ID #100027)
Listed below are comments provided by IRT on October 4, 2021 regarding the Little Sebastian Mitigation
Site: Mitigation Plan Addendum and Baseline Report and As -Built Drawings and RES' responses.
USACE Addendum Comments, Kim Browning:
1. Were stream and wetland impacts evaluated with the addition of reach JN-7, and were they
accounted for in the 404/401 permit?
This reach was not included in the PCN or 404/401 permit.
2. Is JN-7 perennial or intermittent? If flow is a concern, the IRT may request a flow gauge be
installed.
Based on drainage area (30 acres), RES believes this reach is intermittent. However, it was not
included in the JD. RES will install a flow gauge on it.
3. What was the condition of JN-7 prior to construction, and was the design incorporated into the
final design? Were there stability issues with the channel?
The condition of JN-7 prior to construction was a ditch -like channel connecting the pond outlet to
JN-3. This channel was about 75-feet long, incised, and a straight line from the pond outlet to
JN-3. A design was incorporated into the final design, after Final Mitigation Plan submittal, to
create a 150-foot stable channel from the pond outlet to the newly constructed JN3-B.
4. If JN-7 serves as an outlet for the adjacent pond, are there any concerns with stability or sediment
loads if the spillway fails or the dam breaches?
RES does not anticipate a dam failure considering the small drainage acre of the pond. However, if
it were to fail, there would likely be minor impacts, but the system should be able to handle the
relatively minor influx of sediment.
res.us

DWR MY-0 Comments, Erin Davis:
1. DWR appreciate DMS' request for crossing photos in future reports. Those photos would've been
helpful for this review.
Crossing photos will be included in future reports.
2. DWR is ok with the plant species substitutes. We were glad to see the reduction in percent green
ash planted.
3. Please confirm that all areas were planted, including any supplemental/understory planting, as
proposed in the approved mitigation plan.
Confirmed.
4. DWR is ok with the extra stage recorder not being installed on BS1-C. However, when we recently
visited the downstream Gideon Site we observed the presence of drift lines mid -slope up the
bank but not on the floodplain. Therefore, in lieu of the stage recorder being installed along
MC1-C as specified in the approved mitigation plan, DWR requests photo documentation of
evidence of overbank events be provided for this reach.
RES will provide photo documentation of overbank events on MC1-C.
USACE MY-0 Comments, Casey Haywood:
1. Concur with DWR's comments.
It was noted that two veg plots were moved (both on JN2); however, a random plot was also
added.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2017-01507 County: Surry U.S.G.S. Quad: NC -Bottom
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:NC Division of Mitigation Services
Attn: Mr. Tim Baumgartner
Address: 217 West Jones Street, Suite 3000A
Raleigh, North Carolina 27603
Telephone:[phone]
Size (acres) 25.91 acres
Nearest Waterway Mill Creek
USGS HUC 03040101
Permittee:RES
Attn: Bradley Breslow
Address: 3600 Glenwood Ave -Ste 100
Raleigh, NC 27612
Telephone:[phone]
Nearest Town Dodson
River Basin Upper Yadkin
Latitude: 36.39654°N Longitude:-80.8584°W
Location description: The NCDMS Little Sebastian Mitigation Site is located on Ed Nixon Road,
near Thurmond, in Surry County, North Carolina. This protect is adjacent to the Gideon
Mitigation Site (SAW-2017-01462). PIN: 495600199069, 495600282159, 495600581103.
Description of projects area and activity: The co -applicants, NCDMS and Resource
Environmental Solutions, LLC., have requested a Department of the Army permit authorization
to discharge dredged and/or fill material into waters of the United States associated with the
NCDMS Little Sebastian Mitigation Site. Implementation of the proposed restoration and
enhancement activities will result in the discharge of fill material into 0.61 acres of wetlands,
and 3,042 linear feet of stream channel associated with mechanized land clearing, excavation,
placement of fill material, and stream relocation activities for the mitigation site.
Compensatory mitigation is NOT required in conjunction with the aforementioned activities.
Refer to the enclosed Table 1 for a detailed summary of impacts.
Applicable Law: ®Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number and/or Nationwide Permit Number: NWP 27 —
Aquatic Habitat Restoration, Enhancement, and Establishment Activities
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information dated March 3, 2020. Any violation of the attached conditions or deviation from
your submitted plans may subject the permittee to a stop work order, a restoration order, a
Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or
regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date
identified below, the nationwide and/or regional general permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer
comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e.,
are under construction) or are under contract to commence in reliance upon the nationwide and/or

SAW-2017-01507
regional general permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide and/or regional general permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or
revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water
Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-
6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Kimberly Browning, 919.554.4884 x60.
Corps Regulatory Official:
Expiration Date of Verification: March 18, 2022
SPECIAL CONDITIONS
Date: April 22, 2020
1. The permittee understands and agrees that the document entitled "Final Mitigation Plan —
Little Sebastian Stream Mitigation Site" dated November 2018, and received March 5,
2020, is incorporated and made part of this permit. Execution of the work and terms given
in the approved mitigation plan are a condition of this permit.
2. This Nationwide Permit verification does not imply suitability of this property for
compensatory mitigation for any particular project. The use of any portion of this site
as compensatory mitigation for a particular project will be determined during the permit
review process for that project.

SAW-2017-01507
Table 1. Authorized discharge of fill material into waters of the United States in association with the
NCDMS Little Sebastian Stream Mitigation Site (SAW-2017-01507).
Fill
Fill
Impact
Length
acreage
Duration
Regulated
Number
Classification
of
w(alc)d
of Fill
Discharge of Fill
Stream
Material
Material Activity
(If)
Bottomland
Ecological
W-1
Hardwood
0.08
Permanent
Restoration
Bottomland
Ecological
W 2
Hardwood
0.21
Temporary
p ry
Restoration
Bottomland
Permanent
Ecological
W-3
Hardwood
0.07
Restoration
W-4
Bottomland
Temporary
Ecological
Hardwood
0.25
Restoration
TOTAL
WETLAND
0.61
IMPACTS
S1/JN2-C
River/Stream-PER
Permanent
Ecological
24
Restoration
S2/JN2-C
River/Stream-PER
Temporary
Ecological
10
Restoration
S3/JN2-D
River/Stream-PER
Permanent
Ecological
24
Restoration
S4/JN2-D
River/Stream-PER
Temporary
Ecological
10
Restoration
S5-
River/Stream-PER
Ecological
6/JN3-B
1148
Permanent
Restoration
River/Stream-PER
Ecological
S7/JN3-B
28
Temporary
Restoration
S8/Mill
River/Stream-PER
Permanent
Ecological
Creek
545
Restoration
S9/BS1
River/Stream-PER
Permanent
Ecological
1202
Restoration
S10/BS1
River/Stream-PER
Temporary
Ecological
10
Restoration
S11/Mill
River/Stream-PER
Ecological
Creek
41
Permanent
Restoration
TOTAL STREAM
IMPACTS
3042
*Impacts are associated with aquatic resource restoration and enhancement activities and are
expected to result in a net gain in Waters of the US.

SAW-2017-01507
COMPLIANCE CERTIFICATION
Action ID Number: SAW-2017-01507 County: Surry
Permittee: NC Division of Mitigation Services Resource Environmental Solutions, LLC
Attn: Mr. Tim Baumgartner Attn: Mr. Bradley Breslow
Project Name: NCDMS Little Sebastian Stream Mitigation Site
Date Verification Issued: April 22, 2020
Project Manager: Kimberly Browning
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Regulatory Division Mitigation Office
Attn: Kim Browning
3331 Heritage Trade Drive, Suite 105
Raleigh, NC 27587
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date

W North Carolina Regulatory Viewer 11
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From: Davis. Erin B
To: Baker, Caroline D
Subject: FW: [External] As -Built & Mitigation Plan Addendum Review/ NCDMS Little Sebastian Mitigation Site/ SAW-2017-
01507/ Surry County
Date: Wednesday, November 3, 2021 8:55:51 AM
Attachments: Little Sebastian 100027 Response To IRT Comments 10-5-2021.pdf
NWP27 Little Sebastian SAW-2017-01507 Surry Co.pdf
Laserfiche Upload: Email only (if possible)
DWR#: 20171041 v.l
Doc Type: Mitigation Evaluation
-----Original Message -----
From: Browning, Kimberly D CIV USARMY CESAW (USA) [mailto:[e-mail]]
Sent: Wednesday, October 6, 2021 3:23 PM
To: Wiesner, Paul <[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (US)<[e-mail]>; Haywood, Casey M CIV
(USA) <[e-mail]>; Davis, Erin B <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Leslie, Andrea J <[e-mail]>; Bowers, Todd
<[e-mail]>; Ryan Medric <[e-mail]>; Bradley Breslow <[e-mail]>; Daniel Ramsay
<[e-mail]>
Subject: [External] As -Built & Mitigation Plan Addendum Review/ NCDMS Little Sebastian Mitigation Site/ SAW-
2017-01507/ Surry County
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.spamnnc.gov>
Good afternoon Paul,
Thank you for sending the response to IRT comments for the proposed NCDMS Little Sebastian Addendum on
October 5, 2021 (attached). Per Section 332.8(o)(9) of the 2008 Mitigation Rule, this review followed the
streamlined review process. The IRT raised several concerns during this review; outlined below. Based on these
concerns, the Corps' decision is to disapprove this addendum for the addition of reach JN-7 which proposed an
upward adjustment of the project's stream assets (+19.660 Cool SMUs) for 37 linear feet of restoration. The Corps
approves the initial 30% credit release of the approved mitigation plan project credits (4,554.300 cool SMUs),
which totals 1,366.290 SMUs. Please send me the credit ledger that reflects this amount. Additionally, please
address the IRT concerns below.
1. Reach JN-7 was included on the PJD completed by William Elliott on May 22, 2018, as "JN-7,-80.855351
36.394343, 55 LF." It appears that the JN-7 that was included on the PJD was on the Gideon Mitigation Bank
easement, which caused confusion with two reaches having the same name. It appears that the restored reach JN-7
that exits the pond and ties in with JN-313 on the Little Sebastian easement was not evaluated during the JD visit, nor
was it evaluated during the IRT site visit. For future jurisdictional determination submittals, please keep each
project separate and use a consistent naming convention for each reach/wetland.
2. Design plans submitted with the PCN as well as all special, general and regional conditions must be strictly
adhered to in order for the attached NWP-27 verification letter/authorization to remain valid. Table 1 of the NWP-27
lists all authorized discharge of fill material into waters of the U.S., and the impacts associated with the restoration
of reach JN-7 were not accounted for with this authorization. Since RES states that this reach is intermittent, impacts
to this reach will need to be accounted for. Please re -submit the 404 permit application to include any stream and
wetland impacts that were associated with the restoration of JN-7 so the Corps can re -authorize the NWP-27 and
verify these additional impacts under an After -The -Fact permit verification. (Reach photo attached.) If RES feels
that JN-7 was not jurisdictional, there will still be impacts to account for with the tie-in with JN-313.. The IRT
would not support issuing stream credit on a non jurisdictional reach.

3. Large-scale deviations, including adding a restoration reach, from the approved final mitigation plan and design
should be proposed to the IRT PRIOR to conducting the work. The IRT did not have the opportunity to evaluate this
reach to determine the appropriate mitigation approach or potential functional uplift, and therefore do not think it is
appropriate to allow stream credit; however, we would like you to monitor flow and stability of the reach during
monitoring since work was completed on it, and if other reaches on the approved project are not meeting success
standards towards the end of monitoring, the IRT may consider allowing these credits to be potential back-up credits
(assuming reach JN-7 is successfully meeting performance standards).
4. DWR may require additional 401 permits for any additional impacts. Please contact Erin Davis to confirm.
Moving forward, please contact the IRT prior to completing any major deviations from the approved mitigation plan
or design. Feel free to reach out with any questions.
Respectfully,
Kim
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
-----Original Message -----
From: Wiesner, Paul <[e-mail]>
Sent: Tuesday, October 05, 2021 1:38 PM
To: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>; Haywood, Casey M CIV
(USA) <[e-mail]>; Davis, Erin B <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Leslie, Andrea J <[e-mail]>; Bowers, Todd
<[e-mail]>; Ryan Medric <[e-mail]>; Bradley Breslow <[e-mail]>; Daniel Ramsay
<[e-mail]>
Subject: [Non-DoD Source] RE: [External] Additional Information Request for Mitigation Plan Addendum/
NCDMS Little Sebastian Mitigation Site/ SAW-2017-01507/ Surry County
Good afternoon Kim,
RES's responses to the IRT questions and comments from yesterday (10-4-2021) are attached for your review.
Please let us know if you have any additional questions, comments or concerns.
Thanks
Paul Wiesner
Western Regional Supervisor
North Carolina Department of Environmental Quality
Division of Mitigation Services

828-273-1673 Mobile
[e-mail]<mailto:paul.wiesner&ncdenr.gov>
Western DMS Field Office
5 Ravenscroft Drive
Suite 102
Asheville, N.C. 28801
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, October 4, 2021 3:59 PM
To: Wiesner, Paul <[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (US)<[e-mail]>; Haywood, Casey M CIV
(USA) <[e-mail]>; Davis, Erin B <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Leslie, Andrea J <[e-mail]>; Bowers, Todd
<[e-mail]>; Ryan Medric <[e-mail]>; Bradley Breslow <[e-mail]>; Daniel Ramsay
<[e-mail]>
Subject: [External] Additional Information Request for Mitigation Plan Addendum/ NCDMS Little Sebastian
Mitigation Site/ SAW-2017-01507/ Surry County
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam. <mailto:report.spamnnc.gov>
Hi Paul,
The review period for the NCDMS Little Sebastian Mitigation Site Addendum and As -Built ended September 25,
2021. The addendum requested an upward adjustment of the project's stream assets (+19.660 Cool SMUs) for 37
linear feet of restoration on JN-7. I would like to request additional information prior to approving the addendum.
The IRT has concerns regarding the addition of reach JN-7 since it was not discussed or evaluated during the August
2017 IRT site visit, and a modification request was not submitted prior to construction. The PJD completed by
William Elliot on May 22, 2018 does identify reach JN-7; however, this reach is listed on the Gideon Mitigation
Bank Site on the last page of the PJD (attached). Additionally, the PJD does not specify whether this reach is
perennial or intermittent. The DWQ Stream Identification Forms do not contain any information on this reach either.
It's difficult to assess functional uplift, and whether restoration was appropriate, without baseline information.
USACE Addendum Comments, Kim Browning:

1. Were stream and wetland impacts evaluated with the addition of reach JN-7, and were they accounted for in
the 404/401 permit?
2. Is JN-7 perennial or intermittent? If flow is a concern, the IRT may request a flow gauge be installed.
3. What was the condition of JN-7 prior to construction, and was the design incorporated into the final design?
Were there stability issues with the channel?
4. If JN-7 serves as an outlet for the adjacent pond, are there any concerns with stability or sediment loads if the
spillway fails or the dam breaches?
Please provide any additional information that may be helpful for this review. Moving forward, please notify the
IRT if reaches that have not been evaluated are proposed to be added.
DWR MY-0 Comments, Erin Davis:
1. DWR appreciate DMS' request for crossing photos in future reports. Those photos would've been helpful for
this review.
2. DWR is ok with the plant species substitutes. We were glad to see the reduction in percent green ash planted.
3. Please confirm that all areas were planted, including any supplemental/understory planting, as proposed in the
approved mitigation plan.
4. DWR is ok with the extra stage recorder not being installed on BSI-C. However, when we recently visited the
downstream Gideon Site we observed the presence of drift lines mid -slope up the bank but not on the floodplain.
Therefore, in lieu of the stage recorder being installed along MCI-C as specified in the approved mitigation plan,
DWR requests photo documentation of evidence of overbank events be provided for this reach.
USACE MY-0 Comments, Casey Haywood:
Concur with DWR's comments.
It was noted that two veg plots were moved (both on JN2); however, a random plot was also added.
Please reach out with any questions.
Regards,
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers