Loading...
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