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Home My WebLink About20140107 Ver 1_401 Application_20141214AL NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Michael Ellison, Director Governor Ecosystem Enhancement Program MEMORANDUM: TO: Cindy Perry FROM: Lin Xu L-)( SUBJECT: Payment of Permit Fee 401 Permit Application DATE: December 2, 2014 John E. Skvarla, III Secretary The Ecosystem Enhancement Program is implementing a stream and wetland restoration and enhancement project for the Norman's Pasture II Restoration Site in Sampson County (EEP IMS # 96310). The activities associated with this restoration project involve stream restoration related temporary stream impact. To conduct these activities the EEP must submit a Pre - construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919- 707 -8319. Thanks for your assistance. cc: Cyndi Karoly, DWR 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 - 707 -89761 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper A 4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Michael Ellison, Director Governor Ecosystem Enhancement Program MEMORANDUM: TO: Cindy Perry FROM: Lin Xu L,4 SUBJECT: Payment of Permit Fee 401 Permit Application DATE: December 2, 2014 John E. Skvarla, III Secretary The Ecosystem Enhancement Program is implementing a stream and wetland restoration and enhancement project for the Norman's Pasture Restoration Site in Sampson County (EEP IMS # 95717). The activities associated with this restoration project involve stream restoration related temporary stream impact. To conduct these activities the EEP must submit a Pre - construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from Fund # 2984, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919- 707 -8319. Thanks for your assistance. cc: Cyndi Karoly, DWR 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 - 707.89761 Internet: www.nodenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper RECEIVED o�oF N Q V 2 6 2014 1 NC ECOSYSTEM b ENHANCEMENT PROGRAM Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form —Version 1.4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑Q Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes 0 No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑Q No For the record only for Corps Permit: ❑ Yes ❑Q No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑x No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑x No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑Q No 2. Project Information 2a. Name of project: Norman's Pasture and Norman's Pasture II Stream and Wetland Restoration Sites 2b. County: Sampson 2c. Nearest municipality / town: Turkey, NC 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: KCI Environmental Technologies and Construction Inc. 3b. Deed Book and Page No. DB 1861 PG 983 3c. Responsible Party (for LLC if applicable): NA 3d. Street address: 4601 Six Forks Road, Suite 220 3e. City, state, zip: Raleigh NC 27609 3f. Telephone no.: (919) 783 -9214 3g. Fax no.: (919) 783 -9266 3h. Email address: tim.morris @kci.com Page 1 of 10 PCN Form —Version 1.4 January 2009 AVkXWA M4 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Cyndi Karoly, Branch Manager Division of Water Resources 401 Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699 - 1650 Michael Ellison, Director Ecosystem Enhancement Program December 2, 2014 John E. Skvarla, III Secretary Re: Permit Application- The Norman's Pasture Restoration Site and Norman's Pasture I1 Restoration Site Mitigation Projects, Sampson County (EEP Full Delivery Project) Dear Mrs. Karoly: Attached for your review is 404/401 permit application package for two subject projects. Another copy has been sent to the Fayetteville Regional Office for review. A memo for the permit application fee is also included in the package. Please feel free to contact me with any questions regarding this plan (919- 707 - 8319). Thank you very much for your assistance. Sincerely Lin Xu Attachment: 404/401 Permit Application Package Final Mitigation Plan Permit Application Fee Memo CD containing all electronic files 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 - 707 -89761 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper PIMA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Michael Ellison, Director Governor Ecosystem Enhancement Program December 2, 2014 Belinda Henson, Surface Water Protection Supervisor NC DENR Fayetteville Regional Office 225 Green Street, Suite 714 Fayetteville, NC 28301 - 5095 John E. Skvarla, III Secretary Re: Permit Application- Norman's Pasture Restoration Site and Norman's Pasture II Restoration Site Mitigation Projects, Sampson County (EEP Full Delivery Project) Dear Ms. Henson: Attached for your review is 404/401 permit application package for two subject projects. Please feel free to contact me with any questions regarding this plan (919- 707 - 8319). Thank you very much for your assistance. Attachment: 404/401 Permit Application Package Final Mitigation Plan Cc: Cyndi Karoly Sincerely Lin Xu 1652 Mail Service Center, Raleigh, North Carolina 27699 -1652 Phone: 919 - 707 -89761 Internet: www.ncdenr.gov An Equal Opportunity l Affirmative Action Employer— Made in part by recycled paper 4. Applicant Information (if different from owner) 4a. Applicant is: [j] Agent ❑ Other, specify: 4b. Name: i Tim Baumgartner 4c. Business name (if applicable): NCDENR Ecosystem Enhancement Program 4d. Street address: 217 West Jones Street, Suite 3000A or 1652 Mail Service Center I 4e. City, state, zip: Raleigh, NC 27603 or Raleigh NC 27699 -1652 4f. Telephone no.: (919)707 -8543 4g. Fax no.: i (919)707 -8976 4h. Email address: Tim. Baumgartner @ncdenr.gov j 5. Agent/Consultant Information (if applicable) 5a. Name: Timothy J. Morris 5b. Business name (if applicable): KCI Technologies, Inc. 5c. Street address: 4601 Six Forks Road, Suite 220 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: (919)278 -2511 5f. Fax no.: (919)783 -9266 5g. Email address: tim.morris @kci.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): 18023960004 and 18023960005 1b. Site coordinates (in decimal degrees): f Latitude: 34.904893 Longitude: -78 -15146 1 c. Property size: 69.7 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Stewart's Creek 2b. Water Quality Classification of nearest receiving water: Class C SW 2c. River basin: Cape Fear - HUC 03030006 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site is bounded by Cornwallis Road to the east, Stewarts Creek to the south, agricultural land to the north and woodlands to the west. The site has a long history of hydrologic modification in order to allow for farming to take place on the property. The surrounding area is rural with low development pressure at this time. 3b. List the total estimated acreage of all existing wetlands on the property: 11.4 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 4,600 3d. Explain the purpose of the proposed project: The purpose of the project is to restore drained wetlands and streams on the site to mitigate for permitted impacts throughout HUC 03030006. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will involve stream and wetland restoration activities. This work uses equipment such as bulldozers, track hoes, track and dump trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑x Yes ❑ No ❑ Unknown Comments: JD information included in attached Miti ation Plan. 9 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary x Final ❑ ry ❑ 4c. If yes, who delineated the jurisdictional areas? Name (if known): Steve Stokes Agency /Consultant Company: Other: KCI Associates of NC 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Action ID - SAW -2013- 00109. JD information is included in Appendix D of the attached Mitigation Plan 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑Yes ❑x No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes E] No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): Q Wetlands El Streams —tributaries ❑ Buffers ❑K Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or i DWQ (401, other) (acres) Temporary T W1 T Fill ditched No Corps 0.03 W2 T Fill ditched No Corps 0.14 1/1/3 T Fill impoundment No Corps 0.37 W4 T Fill ditched No Corps 0.1 W5 - Choose one Choose one YesiNo Corps W6 - Choose one Choose one Yes /No Corps 2g. Total Wetland Impacts: 0.64 2h. Comments: Existing fringe wetlands along man -made drainage features will be filled to allow the local groundwater elevation to restore jurisdictional hydrology within surrounding areas. Impacted (filled) areas will ultimately be restored as part of the overall mitigation plan and thus are considered temporary impacts for the purpose of this application. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number I intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) i (feet) feet) S1 P Restoration UT1 to Stewart's Creek PER Corps 5 750 $2 - Choose one - S3 Choose one S4 - Choose one i - - S5 - Choose one - - S6 - Choose one i - - 3h. Total stream and tributary impacts 750 3i. Comments: Streambed will be elevated to allow the stream to interact with its relic floodplain. Fill will be required to properly restore the channel and the associated habitat. I Page 4 of 10 PCN Form —Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 T Jurisdictional Tributary 1 Fill Other 0.33 02 T Jurisdictional Tributary 2 Fill Other 0.02 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: mpac s are to Jurisdictional tri u aries as per approvea 3D. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number - Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet ) 6g. Zone 2 impact (square feet B1 - Yes /No B2 - Yes /No B3 - Yes /No B4 - Yes /No B5 - Yes /No B6 - Yes /No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization f 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. We are applying for a Nationwide 27 permit. This permit authorizes impacts to jurisdictional waters for the purpose of conducting aquatic habitat restoration, establishment and enhancement activities. This project will provide stream and wetland mitigation credits for impacts elsewhere within this 8 -digit HUC. The site offers an ideal opportunity to improve a series of headwater streams and to restore areas of impacted agricultural land to wetland 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. In order to reestablish wetland hydrology throughout a much larger area, these drainage features (and existing wetlands) will be filled. We anticipate that filling these ditches will result in the upward movement of groundwater that would in turn serve to extend the hydroperiod and allow the growth and propagation of hydrophytic vegetation. A pump around will be utilized to conduct all stream restoration work in the dry. Sediment and erosion control 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ❑x No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps i 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program I 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: i Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non- riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan ' 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) —required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑x No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. s ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑x No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a wetland restoration project and so no impervious area will be created. i� 2d. I I If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Sampson County 3b. Which of the following locally - implemented stormwater management programs apply (check all that apply): ❑ Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state - implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW I ❑Session Law 2006 -246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? i ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. Does the project involve an expenditure of public (federal /state /local) funds or the Ex Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State QYes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval Yes ❑Q No letter.) A Categorical Exclusion report has been prepared and is included as an attachment Comments: to this permit application. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑Q No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after- the -fact permit application? El Yes ❑x No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This is a wetland restoration project, no wastewater will be generated. Page 9 of 10 PCN Form Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or I x Yes No ❑ ❑ habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ x Yes El No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? - NCDENR, Wildlife Resources Commission. Carolina Vldlife Profiles. http:// www. nGwildlife. org /fs_index_C7_conservation.htm - United States Fish and Wildlife Service. North Carolina's Threatened and Endangered Species. http: / /www.fws.gov/ southeast /es /county %201'sts.htm 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes 0 No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http: / /www. saw. usace. army. mil / wet! ands /N WP2007 /specialwaters. html 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑x No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 1 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See attached Categorical Exclusion Report 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? Q Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: A no -rise certification has been received from NC Department of Public Safety - Emergency Management. This letter is included in the attached mitigation plan. j 8c. What source(s) did you use to make the floodplain determination? HEC -RAS I Tim Baumgartner _ Deputy Director, INC EEP l Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 Attachment 1 Mitigation Plan Approval Letter from ACOE T Op Qe ?f�'STAT's Of �4 • • CESAW -RG /Tugwell DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 MEMORANDUM FOR RECORD September 4, 2014 SUBJECT: Norman's Pastures I & II Wetland Restoration Projects - 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: Norman's Pasture I & II Restoration Projects, Sampson County, NC USACE AID #: SAW- 2013 -00109 NCEEP #: 9535117/96310 30 -Day Comment Deadline: 31 August, 2014 1. Eric Kulz, NCDWR, 15 August, 2014: • Page 31 describes grading and filling of ditches. Are the ditches to be filled by grading spoil piles? It is unclear what is being graded. Please describe in detail or provide plan sheets with existing and proposed grades. • The planting list did not include species like American elm and tulip poplar, both of which were identified in on -site wetlands. DWR recommends adding these species to the planting list. • Stream T1 is proposed for enhancement II, and the plan indicates some structures are to be added. Please provide a detail sheet showing the number and location of structures to be added. DWR understands that the final number and location of structures will be decided in the field, but an approximation of the number and location of structures would be helpful. • On the proposed monitoring plan in Appendix C, DWR requests the addition of a vegetation plot within the footprint of the pond on the north side of the site. 2. Todd Tugwell, USAGE, September 04, 2014: • The project easement boundaries are irregular, and include several areas that are not part of the easement but are entirely encompassed by the easement. This could cause confusion in enforcing easement conditions and is not optimal with regard to the amount of fragmentation that might result. It is not clear what can be done in these areas or what is proposed for these areas. Can these areas just be included in the easement, using specific language that allows for certain activities so there is still some level of control? • Section 6.0 — the release schedule includes wetlands but does not appear to cover stream credits. • The discussion on hydrology performance in Section 9.0 indicates that gauge data will be "supplemented by documentation of wetland hydrology indicators as defined in the 1987 USACE Wetland Delineation Manual." Please make it clear that this does not mean that hydrology indicators can replace gauge data for the purpose of determining success for the hydrology performance standards. • Please change the vegetation performance standards to indicate that the stem /acre density is only for planted vegetation. /s/ Todd Tugwell Special Projects :Manager Regulatory Division Attachment 2 Mitigation Plan Response Letter from KCI KCI ASSOCIATES OF NORTH CAROLINA, PA ENGINEERS • SCIENTISTS • SURVEYORS • CONSTRUCTION MANAGERS Landmark Center 11, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783 -9214 (919) 783 -9266 Fax MEMORANDUM Date: September 5, 2014 To: Todd Tugwell, USACE From: Tim Morris, Project Manager KCI Associates of North Carolina, PA Subject: Norman's Pasture (NP) and Norman's Pasture II (NP II)- Final Mitigation Plan IRT Mitigation Plan Review — Response to Comments Cape Fear River Basin CU 03030006 Sampson County, North Carolina Contract No. #005010 (NP) and 005787 (NP II) EEP IMS #95717 (NP) and 96310 (NP II) KCI Project Number — 20122925 and 20145090 Please find below our responses (in italics) to the Mitigation Plan comments from the IRT received on September 5, 2014, for the Norman's Pasture and Norman's Pasture II Stream and Wetland Restoration Projects. IRT Comments 1. Eric Kulz, NCDWR, 15 August, 2014: • Page 31 describes grading and filling of ditches. Are the ditches to be filled by grading spoil piles? It is unclear what is being graded. Please describe in detail or provide plan sheets with existing and proposed grades. Response: Yes, in general ditches will be filled with sidecast material or material located in adjacent spoil piles. If it is determined that additional material above and beyond that which can be supplied by these sources is needed, upland borrow may be required from other non - credit bearing portions of the site. • The planting list did not include species like American elm and tulip poplar, both of which were identified in on -site wetlands. DWR recommends adding these species to the planting list. Response: KCI has added American elm and tulip poplar to the planting list in the headwater forest community type. KCI ASSOCIATES OF NORTH CAROLINA, P.A. www.kei.com Employee -Owned Since 1988 • Stream T1 is proposed for enhancement II, and the plan indicates some structures are to be added. Please provide a detail sheet showing the number and location of structures to be added. DWR understands that the final number and location of structures will be decided in the field, but an approximation of the number and location of structures would be helpful. Response: The structures are shown on the profile sheet (Sheet 6 of 11). There are 7 riffle enhancements and 8 log drops. • On the proposed monitoring plan in Appendix C, DWR requests the addition of a vegetation plot within the footprint of the pond on the north side of the site. Response: A vegetation plot was added as requested. The location is shown on the Proposed Monitoring Plan (Appendix D). 2. Todd Tug well, USA CE, September 04, 2014: • The project easement boundaries are irregular, and include several areas that are not part of the easement but are entirely encompassed by the easement. This could cause confusion in enforcing easement conditions and is not optimal with regard to the amount of fragmentation that might result. It is not clear what can be done in these areas or what is proposed for these areas. Can these areas just be included in the easement, using specific language that allows for certain activities so there is still some level of control? Response: The NP and NP II projects occur on two separate parcels currently owned in fee simple by KCi. The conservation easements for each parcel were reviewed by EEP and the State Property Office and recorded at the Sampson County Register of Deeds on 6 -13 -13 (NP) and 8 -8 -14 (NPII). The easement is in its current (irregular) shape for several reasons. The main reason is that it is likely that KCI will be selling one or both of these parcels at some point in the future to conservation minded buyers. Based on the Sampson County planning and zoning ordinances, we anticipate a single, buildable residential lot can be accommodated on each of the parcels. These lots will be marketed to buyers that would likely utilize the land for a hunting cabin (or similar) as the majority of each parcel is encumbered by a Conservation Easement with significant restrictions for use. We have also initiated contact with Sampson County to determine the feasibility of utilizing the land for a County Park, or for an Environmental Education Center. Future use of the land is also the reason that the properties require access to the upland areas of the site. We would envision the use of these upland areas for wildlife food plots, gardens, etc. It should be noted here that in the proposal process KCi included an option that would have encumbered the entirety of each parcel in a conservation easement however that option was not selected (presumably due to the higher cost). The site will be clearly marked using salt - treated wood posts and conservation easement signage. KC1 ASSOCIATES OF NORTH CAROLINA, P.A. www kci.com Employee -Owned Since 1988 • Section 6.0 — the release schedule includes wetlands but does not appear to cover stream credits. Response: The release schedule credit table was relabeled to include stream credits. • The discussion on hydrology performance in Section 9.0 indicates that gauge data will be "supplemented by documentation of wetland hydrology indicators as defined in the 1987 USACE Wetland Delineation Manual." Please make it clear that this does not mean that hydrology indicators can replace gauge data for the purpose of determining success for the hydrology performance standards. Response: Consistent with the 1987 Wetland Delineation Manual, KCI scientists gather hydrology indicator data to help document wetland hydrology in cases where the hydrology data gathered at each monitoring well location falls between 5% and 12.5% of the growing season. Technically these areas may, or may not be, considered wetlands as per the 1987 manual. In either case, this data is considered to be supplemental to the well data as is indicated in the Mitigation Plan, and as such will not be used as stand -alone data to support or refute wetland hydrology at that location. • Please change the vegetation performance standards to indicate that the stem /acre density is only for planted vegetation. Response: Added the word "planted" to each reference to stem density. Please contact me if you have any questions or would like clarification concerning these responses. Sincerely, Tim Morris Project Manager KCI ASSOCIATES OF NORTH CAROLINA, P.A. www kei.com Employee -Owned Since 1988 Attachment 3 Final Mitigation Plan (Stand Alone Document)