HomeMy WebLinkAbout20171041 Ver 1_Mitigation Information_20211011Mitigation Project Name
DMS ID
River Basin
Cataloging Unit
County
Little Sebastian Site
100027
Yadkin
03040101
Surry
USACE Action ID
DWR Permit
Date Project Instituted
Date Prepared
Stream/Wet. Service Area
Signature of Official Approving Credit Release
2017-01507
2017-1041
5/25/2017
10/11/2021
Yadkin 03040101
1 - For NCDMS, no credits are released during the first milestone (Site Establishment).
2 - For NCDMS projects, the initial credit release milestone occurs when the as -built report (baseline monitoring report) has been approved by the NCIRT
and posted to the NCDMS Portal, provided the following criteria are met:
1) Approval of Final Mitigation Plan;
2) Recordation of the preservation mechanism, as well as a title opinion acceptable to the USACE covering the property;
3) Completion of all physical and biological improvements to the mitigation site pursuant to the mitigation plan;
4) Receipt of necessary DA permit authorization or written DA approval for projects where DA permit issuance is not required.
3 - A 10% reserve of credits is to be held back until the bankful event performance standard has been met.
Credit Release Milestone
Cool Stream Credits
Project Credits
Scheduled
Releases %
Estimated
Scheduled
Release #
Proposed
Released #
Not Approved
#Releases
Approved
Credits
Anticipated
Release
Year
Approved
Release
Date
1 - Site Establishment
N/A
NA
N/A
N/A
N/A
N/A
N/A
2 - Year 0 / As -Built
30.00%
1,366.290
1,366.290
0.000
1,366.290
2021
10/11/2021
3 - Year 1 Monitoring
10.00%
455.430
2022
4 - Year 2 Monitoring
10.00%
455.430
2023
5 - Year 3 Monitoring
10.00%
455.430
2024
6 - Year 4 Monitoring
5.00%
227.715
2025
7 - Year 5 Monitoring
10.00%
455.430
2026
8 - Year 6 Monitoring
5.00%
227.715
2027
9 - Year 7 Monitoring
10.00%
455.430
2028
Stream Bankfull Standard
10.00%
455.430
2025
Totals
1,366.290
Total Gross Credits
4,554.300
Total Unrealized Credits to Date
0.000
Total Released Credits to Date
1,366.290
Total Percentage Released
30.00%
Remaining Unreleased Credits
3,188.010
Notes
Contingencies (if any)
Project Quantities
Mitigation Type
Restoration Type
Physical Quantity
Cool Stream
Restoration
2,721.000
Cool Stream
Enhancement I
597.000
Page 1 of 2
Little Sebastian
Yadkin 03040101
Mitigation Project Name
DMS ID
River Basin
Cataloging Unit
County
Little Sebastian Site
100027
Yadkin
03040101
Surry
USACE Action ID
DWR Permit
Date Project Instituted
Date Prepared
Stream/Wet. Service Area
Cool Stream
Enhancement II
4,332.000
Cool Stream
Preservation
418.000
2017-01507
2017-1041
5/25/2017
10/11/2021
Yadkin 03040101
Debits
Cool Stream
Restoration
Credits
Cool Stream
Restoration
Equivalent
Credits
Beginning Balance (mitigation credits)
4,512.500
41.800
Released Credits
1,353.750
12.540
Unrealized Credits
0.000
0.000
Converted Credits
0.000
0.000
Owning Program
Req. Id
TIP #
Project Name
USACE
Permit #
DWR Permit
#
DCM Permit
#
Remaining Balance (Released credits)
1,353.750
12.540
Remaining Balance (Unreleased credits)
3,158.750
29.260
Total Remaining Balance (Released and Unreleased credits)
4,512.500
41.800
Little Sebastian
Page 2 of 2 Yadkin 03040101
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 9:36:15 AM
Attachments: Little Sebastian 100027 YD 101 STR Initial Release.odf
Laserfiche Upload: Email & Attachment
DWR#: 20171041 v.1
Doc Type: Mitigation Information
-----Original Message -----
From: Wiesner, Paul
Sent: Monday, October 11, 2021 4:42 PM
To: Kim Browning <Kimberly.D.Browning@usace.army.mil>
Cc: Tugwell, Todd J CIV USARMY CESAW (US)<Todd.J.Tugwell@usace.army.mil>; Haywood, Casey M CIV (USA)
<Casey.M.Haywood@usace.army.mil>; Davis, Erin B <erin.davis@ncdenr.gov>; Wilson, Travis W.
<travis.wilson@ncwildlife.org>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Bowers, Todd
<bowers.todd@epa.gov>; Ryan Medric <rmedric@res.us>; Bradley Breslow <bbreslow@res.us>; Daniel Ramsay
<dramsay@res.us>; Allen, Melonie <melonie.allen@ncdenr.gov>; Harmon, Beth <beth.harmon@ncdenr.gov>; Xu, Lin
<lin.xu@ncdenr.gov>
Subject: RE: [External] As -Built & Mitigation Plan Addendum Review/ NCDMS Little Sebastian Mitigation Site/ SAW-
2017-01507/ Surry County
Good afternoon Kim,
RES has updated the final Little Sebastian MYO (2021) report to reflect the credits from the IRT approved mitigation plan
(4,544.300 SMUs (cool)).
The updated report is available on the IRT/ SharePoint site here:
https://ncconnect. sharepoint.com/:b:/r/sites/IRT-
DMS/AsBuilt%20Rel2ort%20%20Drawing/Little%20Sebastian%20(100027)/Little%20Sebastian_100027_MYO_2021.pdf?
csf—1 &web—1 &e-291L6s
The revised MYO (2021) report was also uploaded to the DWR Laserfiche site today (10/11/2021).
The project ledger is attached for your review and signature.
RES has contacted Erin Davis and are working with Lin Xu on the 404/401 permit application resubmittal as requested
below.
Updated project information:
Little Sebastian Site
DMS Project # 100027
RFP# 16-006993 — Issued 9/16/2016
Institution Date: 5/25/2017 — Full Delivery Yadkin River Basin Cataloging Unit 03040101 Surry County, North Carolina
Mitigation Plan Project Credits:
4,554.300 SMUs (Cool)
As-Built-MYO Project Credits:
4,554.300 SMUs (Cool)
Mitigation Plan Lengths/ Acreages:
8,068 linear ft.
As-Built-MYO Lengths/ Acreages:
8,105 linear ft.
* + 37 linear feet associated with JN7
FD Provider: RES; Contact: Brad Breslow bbreslow@res.us Tel. 847-774-8404
NCDEQ - DMS PM: Paul Wiesner, paul.wiesner@ncdenr.gov, 828-273-1673
Please let me know if you have any questions, comments or concerns.
Thanks
Paul Wiesner
Western Regional Supervisor
North Carolina Department of Environmental Quality Division of Mitigation Services
828-273-1673 Mobile
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.
-----Original Message -----
From: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil>
Sent: Wednesday, October 6, 2021 3:23 PM
To: Wiesner, Paul <paul.wiesner@ncdenr.gov>
Cc: Tugwell, Todd J CIV USARMY CESAW (US)<Todd.J.Tugwell@usace.army.mil>; Haywood, Casey M CIV (USA)
<Casey.M.Haywood@usace.army.mil>; Davis, Erin B <erin.davis@ncdenr.gov>; Wilson, Travis W.
<travis.wilson@ncwildlife.org>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Bowers, Todd
<bowers.todd@epa.gov>; Ryan Medric <rmedric@res.us>; Bradley Breslow <bbreslow@res.us>; Daniel Ramsay
<dramsay@res.us>
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.spam e.nc.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 <paul.wiesner@ncdenr.gov>
Sent: Tuesday, October 05, 2021 1:38 PM
To: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browning@usace.army.mil>
Cc: Tugwell, Todd J CIV USARMY CESAW (USA)<Todd.J.Tugwell@usace.army.mil>; Haywood, Casey M CIV
(USA) <Casey.M.Haywood@usace.army.mil>; Davis, Erin B <erin.davis@ncdenr.gov>; Wilson, Travis W.
<travis.wilson@ncwildlife.org>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Bowers, Todd
<bowers.todd@epa.gov>; Ryan Medric <rmedric@res.us>; Bradley Breslow <bbreslow@res.us>; Daniel Ramsay
<dramsay@res.us>
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
paul.wiesner@ncdenr.gov<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) <Kimberly.D.Browning@usace.army.mil>
Sent: Monday, October 4, 2021 3:59 PM
To: Wiesner, Paul <paul.wiesner@ncdenr.gov>
Cc: Tugwell, Todd J CIV USARMY CESAW (US)<Todd.J.Tugwell@usace.army.mil>; Haywood, Casey M CIV (USA)
<Casey.M.Haywood@usace.army.mil>; Davis, Erin B <erin.davis@ncdenr.gov>; Wilson, Travis W.
<travis.wilson@ncwildlife.org>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>; Bowers, Todd
<bowers.todd@epa.gov>; Ryan Medric <rmedric@res.us>; Bradley Breslow <bbreslow@res.us>; Daniel Ramsay
<dramsay@res.us>
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. <mai1to:report.spam4nc.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.
USAGE 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 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 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:
1. Concur with DWR's comments.
2. 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
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers