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HomeMy WebLinkAbout20140345 Ver 1_Other Agency Comments_20140530REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON. NORTH CAROLINA 28403 -1343 CESAW- RG /Tugwell 30 May, 2014 MEMORANDUM FOR RECORD SUBJECT: Brown Creek Tributaries - 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: Brown Creek Tributaries Restoration Project, Anson County, NC USACE AID #: SAW- 2012 -01108 NCEEP #: 95351 30 -Day Comment Deadline: 1 May, 2014 1. Eric Kulz, NCDWR, 21 April, 2014: • The plan proposes P1 restoration of Hurricane Creek, UT4R1, and UT4R4a, all of which are reported to be intermittent streams. As has been previously noted, constructing a new channel at a higher elevation for the purpose of reconnecting the stream to its original floodplain has the potential to remove the intermittent connection of the stream and groundwater, eliminating base flow and creating an ephemeral feature. Monitoring of baseflow should be conducted to demonstrate that the restored feature exhibits base flow for at least some portion of the year (most likely in the winter /early spring) during a year with normal rainfall conditions. The proposed restoration of the intermittent reaches should include installation of two groundwater monitoring wells within the thalweg of the channel. One well should be located near the upper end of each restoration reach, and the other should be installed near the lower end of the reach. The wells should be equipped with continuous -read gauges that will be able to monitor groundwater levels. Well data should be provided annually in monitoring reports to demonstrate that intermittent aquatic function has been maintained in the restored channel. • The site is located in the Triassic Basin ecoregion. The reference reach Richland Creek is also located in the Triassic Basin, while the remainder of the reference reaches are located in the Carolina Slate Belt. All reference reaches should be located in the same ecoregion as the site. • A JD is needed for all existing wetlands, and the wetlands need to be mapped to ensure the proposed stream work does not impact existing wetlands. • What reference /source was used to select the vegetative community? • We suggest including Carpinus caroliniana as understory instead of canopy, and note that this species will unlikely meet height targets for tree species after seven years. 2. Todd Tugwell, USACE, 30 May, 2014: • It appears that there may be portions of the site that do not meet the minimum standard of 50 feet of buffer from the edge of the constructed channel. For instance, UT4, Station 23 +00 looks to have closer to 40 feet of buffer. If possible, please ensure that the entire project meets the minimum buffer width standards, and note that those areas that are not able to have the minimum standard will be subject to credit reduction in accordance with the current guidance utilized by the District to adjust credit amounts for narrow buffers. /s/ Todd Tugwell Special Projects Manager Regulatory Division Strickland, Bev From: Sent: To: Subject: Attachments: 14 -0345 Eric W. Kulz Environmental Senior Specialist 401 and Buffer Permitting Unit Kulz, Eric Friday, May 30, 2014 9:40 AM Strickland, Bev FW: Intent to Approve with Comments - NCEEP Mitigation Portal Plan Review - Brown Creek Tributaries Restoration Project /Anson County / (SAW -SAW 2012 - 01108) (UNCLASSIFIED) Plan Review Memo-Brown Creek Tributaries.pdf NCDENR - Division of Water Resources - Water Quality Permitting Section 1650 MSC Raleigh, NC 27699 -1650 Phone: (919) 807 -6476 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: Tugwell, Todd SAW [ mailto :Todd.Tugwell @usace.army.mil] Sent: Friday, May 30, 2014 9:13 AM To: bowers.todd @epa.gov; Karoly, Cyndi; Kulz, Eric; Jones, Scott SAW; Marella Buncick ( Marella Buncick@fws.gov); McLendon, Scott C SAW; Cox, David R.; Sollod, Steve; Wilson, Travis W.; Emily Jernigan @fws.gov; Kathryn Matthews @fws.gov; Wicker, Henry M JR SAW; Beter, Dale E SAW; Gregson, Jim; Baker, Virginia; Chapman, Amy; Homewood, Sue; Wicker, Christine W SAW; Kichefski, Steven L SAW; Fritz Rohde (Fritz. Rohde @noaa.gov) Cc: Tsomides, Harry; Scott Hunt; Baumgartner, Tim; Jurek, Jeff Subject: Intent to Approve with Comments - NCEEP Mitigation Portal Plan Review - Brown Creek Tributaries Restoration Project /Anson County / (SAW -SAW 2012 - 01108) (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE All, The 30 -day comment review period for Brown Creek Tributaries Restoration Project (USACE AID SAW 2012 - 01108, EEP Project # 95351) closed on May 1. All comments that were posted on the Mitigation Plan Review Portal during the review process are attached for your records. Additionally, comments can be reviewed on the Mitigation Plan Review Portal (utilizing the excel option). We have evaluated the comments generated during the review period, and determined that the concerns raised during the review are generally minor and can be addressed in the final mitigation plan. Accordingly, it is our intent to approve this Mitigation Plan unless a member of the NCIRT initiates the Dispute Resolution Process, described in the Final Mitigation Rule (33 CFR Section 332.8(e)). Please note that initiation of this process requires that a senior official of the agency objecting to the approval of the mitigation plan (instrument amendment) notify the District Engineer by letter within 15 days of this email (by COB on June 13). Please notify me if you intend to initiate the Dispute Resolution Process. Provided that we do not get any objections, we will provide an approval letter to NCEEP at the conclusion of the 15 -day Dispute Resolution window. This approval will also transmit all comments generated during the review process to NCEEP, and indicate what comments must be addressed in the Final Mitigation Plan. All NCIRT members will receive a copy of this letter and all comments for your records. Thanks for your participation, Todd TugwelI Special Projects Manager Regulatory Division Wilmington District U.S. Army Corps of Engineers 11405 Falls of Neuse Road Wake Forest, NC 27587 (919) 846 -2564 We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http:// pert .nwp.usace.army.mil /survey.html Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE