20021844 Ver 1_Other Agency Comments_20140711

Strickland, Bev
From: Kulz, Eric
Sent: Friday, July 11, 2014 8:35 AM
To: Strickland, Bev
Subject: FW: Corps Letter to EEP on Closeout of the WFCC Stream Restoration Site
(UNCLASSIFIED)
Attachments: Corps- 4 -9 -14 letter to EEP on WCC.pdf
02 -1884
- - - -- Original Message---- -
From: Tugwell, Todd SAW [ mailto :Todd.Tugwell @usace.army.mil]
Sent: Friday, July 11, 2014 7:45 AM
To: Fritz Rohde (Fritz. Rohde @noaa.gov); Chapman, Amy; Baker, Virginia; Beter, Dale E SAW; Biddlecome, William J SAW;
bowers.todd @epa.gov; Crumbley, Tyler SAW; Karoly, Cyndi; Cox, David R.; Emily Jernigan @fws.gov; Kulz, Eric; Gibby,
Jean B SAW; Greer, Emily C SAW; Jones, Scott SAW; Higgins, Karen; Kathryn Matthews @fws.gov; Marella Buncick
( Marella [e-mail]); McLendon, Scott C SAW; Sol lod, Steve; Wilson, Travis W.; Wheeler, Tracey L SAW; Wicker,
Henry M JR SAW
Subject: FW: Corps Letter to EEP on Closeout of the WFCC Stream Restoration Site (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
All,
Please see the attached letter regarding the Wake Forest Country Club project which was in this round of piedmont
closeouts.
Thanks,
Todd Tugwell
Special Projects Manager
Wilmington District, US Army Corps of Engineers
11405 Falls of the Neuse Road
Wake Forest, NC 27587
Office: 919 - 846 -2564
Mobile: 919 - 710 -0240
- - - -- Original Message---- -
From: Wicker, Henry M JR SAW
Sent: Thursday, July 10, 2014 3:16 PM
To: Tugwell, Todd SAW
Subject: Corps Letter to EEP on Closeout of the WFCC Stream Restoration Site (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Todd,
1

Can you forward this letter to the IRT Members.
Thanks,
Henry
- - - -- Original Message---- -
From: Corbett, Cindy M SAW
Sent: Thursday, July 10, 2014 8:43 AM
To: Wicker, Henry M JR SAW
Cc: TugwelI, Todd SAW
Subject: Closeout of the WFCC Stream Restoration Site (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
Letter for distribution to the NCIRT members.
Thanks
Cindy
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF July 9, 2014
Regulatory Division
Re: Closeout of the Wake Forest County Club Stream Restoration Site
Mr. Michael Ellison
North Carolina Ecosystem Enhancement Program
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Mr. Ellison:
On June 27, 2014, several members of my staff met with representatives from the North
Carolina Ecosystem Enhancement Program (NCEEP) and members of the North Carolina
Interagency Review Team (NCIRT) as part of the closeout review of the Wake Forest Country
Club (WFCC) stream mitigation project (NCEEP Project # 409). The project is located on Horse
Creek, in the Wake Forest Country Club, west of Capital Boulevard, in the Town of Wake
Forest, in Wake County, North Carolina. It is our understanding that design issues and the urban
character of the watershed has likely contributed to the current condition of the mitigation site.
As part of the closeout meeting, we reviewed several outstanding concerns that are present
on the site. These issues had previously been brought to our attention during the office closeout
meeting that was conducted on June 23, 2014, but this was the first opportunity for my staff and
members of the NCIRT to review these conditions on the site. The foremost concern with the
site has to do with the conditions present on the main stem of Horse Creek. The lower portion of
the site, which accounts for approximately 926 linear feet of channel, was identified in the
NCEEP closeout report as having substantial erosion problems. After evaluating the channel, we
agree with your conclusions. It appears that a significant portion of this lower reach is actively
eroding, resulting in channel widening and down-cutting. This appears to be a systemic failure
along this reach, which has the potential of affecting more of the restored channel if the
instability migrates upstream.
During the on-site discussion, NCEEP staff indicated that no efforts have been made to
correct the erosion due to the cost of the repair, and that it is NCEEP's intention to leave the
project in its current, unstable condition with no further repair or rehabilitation work proposed.
As stated in the closeout report, the first two of the objectives of the project were the reduction of
downstream sedimentation by stabilizing eroding stream banks within the WFCC property, and
the replacement of a degraded stream reach with a stabilized stream which supports natural
stream processes. The resulting condition has clearly failed to meet either of these objectives.
This reach was proposed by NCEEP to be closed at a 1.5 to 1 ratio (linear feet to stream credits).
Based on our review of the site and comments received from members of the NCIRT, we believe

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that the proposed credit ratio is too high. In determining an appropriate ratio for this reach, we
considered the extent to which the restoration effort was successful, which is primarily limited to
the reestablishment of woody vegetation along the stream banks. This level of functional
restoration that has occurred in this reach is roughly equivalent to the uplift that would likely
have been gained by applying an Enhancement Level 11 approach to the site. Accordingly, we
determined that this reach should be credited at no more than a I to 2.5 ratio (credits to linear
feet), resulting in 370 credits.
The remainder of the site was proposed to be closed at a I to I ratio. We concur with this
ratio for the unnamed tributary to Horse Creek, and also for the section of Horse Creek above the
eroding section that is not currently impounded by beaver. For the upper section of channel that
is currently impounded by beaver, we cannot agree that this reach is providing the full level of
functional restoration proposed in the mitigation plan. This reach has been impounded to the
extent that stream-side vegetation is either dead or dying, and sediment is filling in the pools and
other stream habitat. As a result, this reach of the project is failing to meet the third objective of
the project, which was to improve aquatic habitat, including pools for fish, woody debris for
habitat, and reduction in water temperature from shading. It should be noted that it is customary
that stream projects include a requirement that beaver are managed during the monitoring period
so that the development of a stable stream system can be demonstrated during this period. It is
our understanding that, at this point, these dams and beaver cannot be removed, and your staff
has indicated that there is currently no intention to do so. As a result, we believe that a I to 2
credit ratio (credits to linear feet) for the impounded reach is appropriate. The report did not
identify the length of stream that was impacted by the beaver impoundment, so this reach must
be measured in order to determine the final credit total.
As an alternative to closing the site at the ratios provided above, NCEEP may choose to
pursue corrective measures to fix the problems and resubmit this site for full credit once the
issues have been addressed. Or, if you believe that the instability within the lower reaches of the
site are not systemic, but rather a temporary condition that will self-correct, you may continue to
monitor the site and resubmit the site for closeout within the next few years. Please be aware,
though, that with this second option we will reassess the site when it is resubmitted, and if the
instability on the site expands to other areas of the project, those areas may be subject to reduced
credit ratios in the future.
Lastly, in addition to the above, we have concerns regarding the language included in the
conservation easement that was recorded for the project. In particular, Section 11 of the
conservation easement, which identifies the Grantor reserved uses and restricted activities, lists
several uses that are incompatible with the use of the site as a compensatory mitigation site. For
example Part C of Section 11, which covers vegetative cutting, states "except as allowed for
maintenance of the golf course, cutting, removal, mowing, harming, or destruction of any
vegetation in the Easement Area is prohibited". Additionally, Part F, which deals with
Commercial Use, states "Grantor reserves the right for golf course uses". Both of these
statements allow for the removal of woody buffer vegetation from the stream project, which is
clearly inconsistent with the use of the site as a stream mitigation site.

N
We recognize that the golf course that previously operated on the site has been closed, but
there is no way to ensure that a future owner will not reestablish a golf course on the site.
Furthermore, the presence of state-regulated buffers on the site do not effectively protect the site
from activities that may substantially degrade the aquatic functions present on the site.
Accordingly, the conservation easement must be modified to provide sufficient protection
against the manipulation of the vegetation on the site prior to any verification of credit provided
or confirmation of site closeout.
We are sensitive to the implications of reducing credit amounts on NCEEP mitigation sites
and our goal is to conduct fair and reasonable assessments of NCEEP sites at closeout.
However, we must ensure that impacts associated with Department of the Army permits are
adequately compensated. This site is clearly not meeting performance standards, and has many
significant stability and functional issues, as noted by NCEEP staff and the closeout report.
Based upon our review of the circumstances, we do not believe that the credit amounts proposed
in the closeout report are representative of the functional uplift obtained on the site.
Please let us know how you would like to pursue closure of this site at your earliest
convenience. If you have any further questions regarding this letter, please contact me at
[phone].
Sincerely,
Henry Wicker
Deputy Chief, Regulatory Division
Electronic Copies Furnished:
NCIRT Distribution List