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HomeMy WebLinkAbout20101024 Ver 1_Mitigation Information_20211210INTERNATIONAL Memorandem UT to Town Creek Restoration Project: Wetland Boundary Adjustment DMS Project ID. 94648 NC DEQ Contract# 003277 USACE Action ID: SAW-2013-01280, DW R# 14-1024 Yadkin Pee -Dee River Basin: 03040105-060040 Date Prepared: November 24, 2021 Subject: Revisions to wetland boundary adjustment Recorded By: Scott King This memo serves as a revision to the previous wetland boundary adjustment submitted on 1/15/21. The UT to Town Creek Restoration Project originally proposed to Restore a total of 2.56 acres of wetlands and Create an additional 1.56 acres of wetlands within the floodplains along both sides of Reaches 1, 2, and 3. The groundwaterwell monitoring conducted over the previous five years has demonstrated that all the wetlands have clearly met the hydrology success criteria of 9% as stated in the mitigation plan (often by a substantial margin —the lowest performing well in MY5 had a hydroperiod of 35%). However, during an IRTfield visit during the monitoring phase on 6/11/19 a few soil borings dug in the generalvicinity of groundwaterwell #4appeared to be more marginalto upland in appearance. The borings were dug in this location as the area appearedto be less 'wet' overall thanthe rest of the surrounding wetland area and had dense/gravellysoil. The IRT suggested conducting a closer review of the wetlands prior to closeout to adjust the boundary as needed. It was suggested that while some of the area of concern seemed likely to be removed as credited wetland, there certainly appeared to be plenty of wet areas adjacent to these potentially removed areas. Figure 1 shows the original wetland boundaries for the southern portion of project around the area in question. The IRT encouraged Baker to look for and add any new wetland areas to makeup for any upland area that required removal. As such, Baker conducted a thorough field and GIS evaluation of the area and modified the wetland boundary to remove the questionable area and add new wetland area (as Creation) as detailed in the original boundary adjustment memo dated 1/15/21. However, during the IRTsitevisit as part of project closeout activities on 6/3/21, a portion of the newly added areas of Wetland Creation at the southern extent (below XS-11) were questioned by the IRT. These areas did not appear as 'wet' as the other areas added and the IRT requested that if they were ultimately to be included as credited wetland area, theywould require additional groundwater monitoring. The meeting minutes from that sitevisit were approved on 7/7/21 and provide a more detailed summaryof the discussion that day. They can be found in the Appendix of the MY6 report. Given the feedback from that IRTwalkover, Baker electedto remove all of the Wetland Creation area that was considered questionable, as well as much of the rest of the newly added Wetland Creation area, excepting a small portion of the very wet area around XS-10 and Veg Plot 11. This area is actually quite near the Restored wetlands being removed from crediting, and was the original area specifically pointed out by Mac Haupt (of DEQ) during the first IRTwaIkover in 2019 as being what he would recommend Baker add as recompense for any lost wetlands. It is also by far the wettest portion of the added Wetland Creation area, has abundant tall vegetation, and was readily accepted by the IRT during the walkover in June of 2021. At an area of 0.192 acres, it adequately covers the credits lost from the removal of the nearby Restored wetlands. Figure 2 shows this final area as well as all of the previously added Creation areas (which have subsequently been removed from consideration) and their previous soil borings. This very limited area of Wetland Creation (only a small subset of the original) is being submitted for the purpose of facilitating a smoother closeout after MY7. Photos of this area were collected during the previous field investigation in January 2021 and have been included again here, while more recent photos were taken of this area in November 2021 and are also included here. Additionally, as per IRT request during the field visit in June 2021, the revised Creation area addition was assessed forvegetationthrough the collection of 2 temporary vegetation transects, each approximately the size of a standard monitoring veg plot. As noted above and as documented in the photolog, the area as a whole has quite tall, abundant vegetation consisting of sycamore, persimmon, blackgum, green ash, swamp chestnut oak, willow oak, box elder, tulip poplar, buttonbush, silky dogwood, and black willow, with thick herbaceous vegetation dominated by tearthumb, soft rush, and woolgrass (amongst other rushes and sedges). These species are overwhelmingly rated as wet for their facultative indicator status for the Eastern Mountains and Piedmont region. The first vegetation transect identified 14 stems (for a density of 566 stems/ac), all but 3 of which were well over 6 ft tall. The second vegetation transect identified 15 stems (for a density of 607 stems/ac), of which 8 were well over 6 ft tall (and the remainder averaging about 4 ft tall). Figure 3 shows the approximate location of the transects within the revised Creation area. As previously noted in the original wetland adjustment memo, the Creation Wetland area being added will be credited at a 3:1 ratio, while the Restored Wetland area being removed was credited at a 1:1 ratio. The newly revised wetlands on the project total 2.513 acres for the Restoration component and 1.752 acres for the Creation component, for a total of 3.097 Riparian Wetland Credits. Baker is contracted for 3.0 wetlands credits. The revised wetland credits are shown below in Table 1: Table I. Adjusted Wetland Areas Area (ac) Ratio Credits Original Wetlands Riparian, Restoration 2.56 1:1 2.560 Riparian, Creation 1.56 3:1 0.520 Total Credits 3.080 Adjusted Wetlands Riparian, Restoration 2.513 1:1 2.513 Riparian, Creation 1.752 3:1 0.584 Total Credits 3.097 Riparian Wetland Credit Difference +0.017 It should also be noted that there are an additional —1 acre of existing jurisdictionaI wetlands on the project that were enhanced for no credit on the project. These wetlands had cattle excluded, were planted, and aImost certainlyexperienced improved hydrology along with the adjacent restored wetlands. Most sincerely, Scott King, LSS, PWS Scott. King@ mba kerintl.com 919-219-6339 [M] 0 50 100 200 I N T E R N AT 1 0 N A L 300 Figure 1. Feet UT to Town Creek Orginal Wetland Boundaries N A 10 Reach 2 MW 8 o 0 Restoration Area O Removed (0.047 ac) o / �'; Creation Area r� Q Reach 6 ti y �• rConservation Easement Soil Borings O Hydric o Marginal o Upland Vegetation Plots 0 Groundwater Monitoring Wells ® Flow Pressure Transducers Cross Section - Pool Cross Section - Riffle Stream Top of Bank Project Stream Centerlines ® Restoration Area Removed Revised Creation Area Added ® Previously Submitted Creation Area Revised Wetland Boundaries Restoration CCreation Jurisdictional r • • ii' • 0 0 0 r0 o 0 / ti 0 0 0 0 0 O ' o C9 O XS-11 q' 0 0 12 13 Nd O O 77 MW 5 `\ O 0 O XS-12 O s- Reach 3 O` , 0 ' s ' XS-13 . ::. O • • �sMw 10• • • • lD • MW 6 . \o Figure 2. Michael Baker 0 50 100 200 300 UT to Town Creek I N T E R N AT I O N A L Feet Wetland Boundary Adjustment Rev: 11 Nov2021 Figure 3. Michael Baker 0 12.5 25 50 UT to Town Creek I N T E R N AT Z O N A L Feet Wetland Boundary Adjustment Rev: 23Nov2021 UT to Town Creek: Wetland Boundary Adjustment Photographs (from 1/12/21) Soft rush in area with shallow standing water Wetland vegetation and standing water in floodplain Wetland vegetation and standing water in floodplain Wetland vegetation and standing water in floodplain Hydric soil Hydric soil UT to Town Creek: Wetland Boundary Adjustment Photographs (from 11/23/21) Abundant, tall, diverse vegetation present Abundant, tall, diverse vegetation present (buttonbush Vegetation Transect 42 Abundant, tall, diverse vegetation present (buttonbush in foreground) Vegetation Transect 41 Hydric soil present throughout UT to Town Creek: Wetland Boundary Adjustment Photographs (from 11/23/21) Abundant, tall, diverse vegetation present Dense herbaceous layer present dominated by tearthumb and various rushes and sedges Abundant, tall, diverse vegetation present (silky dogwood in foreground) Abundant, tall, diverse vegetation present Dense herbaceous layer present dominated by tearthumb and various rushes and sedges Abundant, tall, diverse vegetation present From: Davis. Erin B To: Baker. Caroline D Subject: FW: [External] RE: UT to Town Creek project questions Date: Tuesday, December 21, 2021 11:22:15 AM Attachments: imaoe001.ono imaae002.ona UTtoTownCreek Memo WetlandAdiustment 2021Nov23 WithAttachments.odf Laserfiche Upload: Email & Attachment DWR#: 20141024 v.1 Doc Type: Mitigation Information From: King, Scott[mailto:Scott.King@mbakerintl.com] Sent: Friday, December 10, 2021 2:25 PM To: Kim Browning <Kimberly.D.Browning@usace.army.mil> Cc: Davis, Erin B <erin.davis@ncdenr.gov> Subject: [External] RE: UT to Town Creek project questions CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Here is the current memo detailing the wetland boundary adjustment, describing the wetlands pretty well I think. If approved though, I would take that little wedge shape out of the middle of the wetland (as shown on the figure I sent earlier in pink) and adjust the lower boundary down slightly (that entire area is very wet) to cover ourselves for the buffer tool SMU loss (as explained in my first email). Please let me know if you have any questions. Thanks again, Scott Scott King, LSS, PWS I Soil Scientist - Ecosystem Restoration Group I Michael Baker International 797 Haywood Road, Suite 201 1 Asheville, NC 28806 1 [0] 828-412-6102 1 [M] 919-219-6339 scott.kingC@mbakerintl.com I www.mbakerintl.com Michael # .* 1 e Moke a Difference INT -ERN A T 1 0 N A L Connect with us: V MM%wo From: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browningca�usace.army.mil> Sent: Friday, December 10, 2021 11:55 AM To: King, Scott <Scott.KingC@mbakerintl.com> Subject: EXTERNAL: RE: [Non-DoD Source] RE: UT to Town Creek project questions Thanks Scott. Please send that and I'll follow up with you Monday. I'm in the field today. Have a good weekend Kim Browning Mitigation Project Manager US Army Corps of Engineers -Wilmington District 919-946-5107 From: King, Scott <Scott,KingC@mbakerintl.com> Date: Friday, Dec 10, 2021, 11:32 AM To: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberly.D.Browningl@usace.army.mil> Cc: Davis, Erin B <erin.davisC@ncdenr.gov> Subject: [Non-DoD Source] RE: UT to Town Creek project questions Hello again, I forgot to mention that I have a photolog and veg assessment of the newly proposed wetland area if you want to see that too. Thanks, Scott Scott King, LSS, PWS I Soil Scientist - Ecosystem Restoration Group I Michael Baker International 797 Haywood Road, Suite 201 1 Asheville, NC 28806 1 [O] 828-412-6102 1 [M] 919-219-6339 scott.kingpmbakerintl.com I Blockedwww.mbakerintl.com -----Original Message ----- From: Browning, Kimberly D CIV USARMY CESAW (USA)<I<imberly.D.Browningca�usace.army.mil> Sent: Thursday, December 9, 2021 4:45 PM To: King, Scott <Scott.King(@mbakerintl.com> Subject: EXTERNAL: RE: UT to Town Creek project questions Thanks Scott. Let me review this and I'll get back with you hopefully tomorrow. Have a good evening Kim Kim Browning Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers -----Original Message ----- From: King, Scott <Scott.KingPmbakerintl.com> Sent: Thursday, December 09, 2021 11:54 AM To: Browning, Kimberly D CIV USARMY CESAW (USA) <Kimberl)I.D.BrowningCo�usace.army.mil> Cc: Davis, Erin B <erin.davis(@ncdenr.gov> Subject: [Non-DoD Source] UT to Town Creek project questions Good morning Kim, In making some adjustments to the UT to Town Creek project in Stanly County, Harry Tsomides of DIMS has asked me to run a couple of things by you (and the IRT in general) to confirm them before we finalize the MY6 report. If the IRT has any concerns, we'd like to have them sorted them out now rather than next year at closeout. We had an IRT field visit back in June of this year and I see from our meeting summary memo that you weren't actually in attendance that day. That's a shame. I was specifically asked to coordinate with you as I understand Todd has a temporary re -assignment coming up(?). However, we can include him in on the conversation if you think that's prudent and he wouldn't be bothered by that. I have also included Erin Davis of DEQ as she was there and part of the discussion as well. Basically, we have a situation where at a previous field visit back in 2019, Mac Haupt discovered a small pocket (0.047 ac) within our wetland restoration area that hadn't developed hydric soils and suggested we pull it out and add -in an adjacent area that was very wet. As per DIMS suggestion, we ended up doing a larger scale re -delineation of a much broader area, adding significantly more proposed wetlands (as Creation at 3:1) to the project. At the recent field visit in June of this year, much of this wetland area was accepted except for a narrow section at the southern end. It does not visually look as wet as the upper portions we added. As such, we were asked to either remove this portion from our new proposed wetland area or install a groundwater well or two and document the area much more thoroughly. As we didn't need all the newly added wetland area anyway to compensate for the lost area, and didn't want to have install a well for the next two years, we decided to remove this controversial area entirely and simply propose keeping only the minimum area needed to compensate for the lost wetlands. We ended up dropping almost all of the originally proposed wetland addition and have only kept the wettest area that had been readily accepted in the field that day (about 0.20 ac). The area we kept is also the exact location that Mac suggested we add back in 2019! 1 had hoped by making these changes the wetlands would be more readily acceptable by the IRT and easier on Baker as the area is small and simpler to document (veg and soils) and wouldn't require any more groundwater wells, etc (please see the attached Figure). However, by using this small area of added wetland as compensation, it altered the results of the buffer tool analysis which we had used to obtain extra stream credits for the project. We had been told to re -run the analysis using the older version of the buffer tool (the same one we had used originally) just with the new wetland area. It has resulted in the loss of 2.680 SMU, putting us below our official Table 1 credit numbers. So, with all that background in place, here are the questions DIMS wanted me to run by you: -As we are now technically down 2.680 SMU from our official credit table from the loss of buffer tool credits, DIMS is concerned that there will need for mit plan or contract adjustments and Baker is concerned about loss of credits for payment. DIMS suggested that if the number is really that small that the IRT might just let it slide and closeout with full credits intact, meaning no further mit plan or contract adjustments needed. Is that possible? If so, we will keep the wetland area as we now have it and move forward. However, if that's not acceptable I would offer an easy solution to make things simpler all around. I can adjust the proposed wetland boundary to kick out a small triangle of about 1,400 ft2 in size that is affecting the buffer tool credit results (see the attached figure). We would still be able to compensate for the wetland loss but not lose any SMU. I had thought about that a while back but felt uncomfortable obviously skewing a boundary for that purpose. It felt like I was gerrymandering the boundary for a self-centered intent! However, with the IRT's permission, I could do that and it would solve that issue. But if being off by 2.680 SMU isn't a big deal to you then we can just go with what we have. -DMS had suggested that IF the loss of 2.680 SMU must be addressed and IF my proposed wetland boundary adjustment isn't acceptable (where I cut out a small triangle) then maybe we could be allowed to us the newer buffer tool, which I am told allows for more credit around stream terminals and so would easily allow for more stream credits. Honestly, I would prefer not to have get ahold of the new tool and start from scratch though. -And finally, is the overall wetland adjustment plan acceptable to the IRT? Any questions or concerns? I had previously contacted Todd back in July about my plan and he was agreeable to it (see attached email) but that was before I had anything finalized to show him. It was just theoretical. I have also attached the meeting minutes from the June 2021 IRT field visit as well. I totally understand this is A LOT to throw at you! I would love to discuss this further over the phone (or Teams or Zoom) if you like but I wanted both of you to have the full discussion and explanation in text first. And again, we can certainly get up with Todd too if you feel that's needed. Erin, I'm glad to have you as part of the conversation as well as you were there in June 2021. If either of you have any questions, please give me a call on my cell 919-219-6339. Thank you very much! Scott Scott King, LSS, PWS I Soil Scientist - Ecosystem Restoration Group I Michael Baker International 797 Haywood Road, Suite 201 1 Asheville, NC 28806 1 [0] 828-412-6102 1 [M] 919-219-6339 scott.kingC@mbakerintl.com<mailto:scott.kingCo�mbakerintl.com> I Blockedwww.mbakerintl.com <Blockedhttp://Blockedwww.mbakerintl.com/>