IRT Comments & Correspondence - Technical Proposal (Big Buffalo)

From:Merritt, Katie
To:Dunn, Barbara M
Cc:Homewood, Sue
Subject:FW: \[External\] Initial Evaluation / NCDMS Big Buffalo / SAW-2022-02124 / Chatham County
Date:Wednesday, May 24, 2023 10:41:20 AM
Attachments:FWS_Big Buffalo Comment Email.pdf
SHPO_Big Buffalo Comment Letter.pdf
THPO_Big Buffalo Comment Letter.pdf
Big Buffalo_Post-contract IRT Site Visit Notes_2022-12-29_.pdf
Importance:High
Barbara,
On behalf of Sue, please file the email thread below. Please also include all (4) of the attachments in
the same file. Project ID# is 2022-1573v1. Title the file as “IRT Comments & Correspondence –
Technical Proposal”
From: Davis, Erin B CIV USARMY CESAW (USA) <[e-mail]>
Sent: Tuesday, May 23, 2023 3:41 PM
To: Dow, Jeremiah J <[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>; Isenhour, Kimberly
T CIV USARMY CESAW (USA) <[e-mail]>; Steve Kichefski
<[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
<[e-mail]>; Bowers, Todd <[e-mail]>;
[e-mail]; Wilson, Travis W. <[e-mail]>; Haupt, Mac
<[e-mail]>; Merritt, Katie <[e-mail]>; Holz, Raymond
<[e-mail]>
Subject: \[External\] Initial Evaluation / NCDMS Big Buffalo / SAW-2022-02124 / Chatham County
Importance: High

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Good afternoon Jeremiah,
This email is regarding the Technical Proposal for the below referenced mitigation site, which was
submitted to the Wilmington District Mitigation Branch for inclusion in the NC Division of Mitigation
Services In-lieu Fee Program as an instrument modification. We have determined that the
Prospectus is complete and issued a public notice on the date shown below. Attached are all
comments received in response to the public notice, including comments from some members of
the North Carolina Interagency Review Team (NCIRT). Additionally, a field review of the site was
conducted with members of the NCIRT, the minutes of which are attached for reference. The Corps
has considered the comments received during the public notice, along with information that was
discussed during the NCIRT site review. Based on this information, we have determined that the
proposed NCDMS mitigation site appears to have the potential to restore, enhance, and/or preserve
aquatic resources in accordance with the provisions of the 2008 Federal Mitigation Rule and the
NCDMS Instrument approved on July 27, 2010. As provided by Sec. 332.8 of the Federal Mitigation
Rule, you may now proceed with preparation of the draft mitigation plan for this site. Please ensure
that the draft plan takes into account all of the enclosed agency comments/concerns, and please be

sure to provide a cover letter that identifies how each comment was addressed.
Project Information:
ILF Site Name: Big Buffalo
USACE Action ID: SAW-2022-02124
NCDMS Project #: 100639
County: Chatham
Site Coordinates: 35.831020, -79.525593
Service Area: Cape Fear 03030003
Mitigation Units: 13,407.940 SMUs
Date Submitted: November 4, 2022
Public Notice Date: April 10, 2023
Field Review Date: December 19, 2022

We appreciate your interest in restoring and protecting waters of the United States. Please contact
us if you have any questions and/or concerns.

Respectfully,
Erin

Erin B. Davis
Mitigation Specialist, Regulatory Division I U.S. Army Corps of Engineers l [phone]

From: CESAW-PublicNoticeList
Sent: Monday, April 10, 2023 2:01 PM
Subject: US Army Corps of Engineers Public Notice
Importance: High

As requested, you are hereby notified that the Wilmington District, United States Army
Corps of Engineers has issued a Public Notice. The text of this document can be
accessed using Google Chrome, and is found on the RIBITS web site at:
https://ribits.ops.usace.army.mil/ords/f?p=107:622. To access the public notice, first
select the Wilmington District from the Filter drop-down menu in the lower left-hand
corner, and then select the Public Notices under the Menu Mitigation tab. You will
then select the Public Notice to modify the In-Lieu Fee Instrument for the additional of
the NCDMS Big Buffalo Mitigation Site.

The current notice involves:
Action ID: SAW-2022-02124
Name: NCDMS ILF – Big Buffalo Mitigation Site
County: Chatham
Basin & HUC: Cape Fear River Basin (8 Digit HUC- 03030003)

Applicant: NC Division of Mitigation Services
Issue Date: April 10, 2023
Expiration Date: May 10, 2023
Point of Contact: [e-mail]
Project Description:
The purpose of the proposal is the modification of the Division of Mitigation Services
In-Lieu-Fee Program Instrument to add an additional mitigation site to generate
mitigation credits that may be used to provide compensatory mitigation for
unavoidable impacts to streams associated with Department of the Army permit
authorizations pursuant to Section 404 of the Clean Water Act.
The Big Buffalo Mitigation Site proposes the restoration, enhancement, and
preservation of approximately 12,592 linear feet of streams, and re-establishment,
enhancement, and preservation of 2.66 acres of wetlands. Stream restoration efforts
are designed to restore a stable stream that approximates hydrodynamics, stream
geometry, and local microtopography relative to reference conditions. Restoration at
the Site will be Priority I restoration; therefore, bankfull elevations will be raised to
meet the adjacent valley floodplain elevation. Wetland re-establishment activities will
include restoring appropriate wetland hydrology, vegetation, and soils. Riparian
vegetation will be restored by planting with native trees. The entire 89.8-acre Site will
be planted with native tree species.
The sponsor has signed option agreements with the landowners to record a
conservation easement on all land located within the site boundary. The easement
will be conveyed to the State of North Carolina (NCDEQ Stewardship) who will serve
as long-term manager for the mitigation property.
Subscribe/Unsubscribe: This email was sent out as a result of subscribing to the Wilmington District regulatory
program public notices. Please reply to this email with the subject or message "unsubscribe" to remove your address
from future mailings.
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D.

April 25, 2023
Kim Isenhour [e-mail]
Army Corps of Engineers
Wilmington District
3331 Heritage Trade Drive
Wake Forest, NC 27587

Re: Big Buffalo mitigation site, 737 Ben Smith Road, Siler City, SAW-2022-02124, Chatham County,
ER 23-0464

Dear Ms. Isenhour:

Thank you for your public notice of April 18, 2023, concerning the above-referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36
CFR Part 800.

Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579
or [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.

Sincerely,

Ramona Bartos, Deputy
State Historic Preservation Officer

Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

Catawba Indian Nation

Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730
Office 803-328-2427
Fax [phone]
May 12, 2023
Attention: Kim Isenhour
District Mitigation Branch
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re. THPO # TCNS# Project Description
2023-56-15SAW-2022-02124
DearMs. Isenhour,
The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.
If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
[e-mail].
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer

Holz, Raymond
From:Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>
Sent:Friday, December 30, 2022 11:02 AM
To:Ray Holz; Davis, Erin B
Cc:Dow, Jeremiah J; Worth Creech; Grant Lewis - Axiom Environmental
([e-mail]); Kenan Jernigan - Axiom Environmental
([e-mail])
Subject:RE: SAW-2022-02124 / DWR # 20221573 / BIG BUFFALO / Post-contract Site Visit Notes
Ray,theselookgoodotherthantwothingsInoted:
1. WediscussedthestatusofUT5,whichIhavesomeconcernaboutmaintainingachannelthroughthewetlands
herebasedonthecurrentconditionofthestream.Youindicatedtherewasastreamfartherupthevalley
offsite,butgiven
theflatterareadownstream,Istillhaveconcernshere.
2. Anumberofthesteamsstartedatseepsneartheroadcrossings(Ithinkthiswasdiscussedneartheupperend
ofUT7),whichtomemeansthatthesestreamshadheadcutsthathavenowinterceptedsomeground
discharge,soliftingthemcoulddisconnectthemfromthishydrology.Thisjustreinforcestheimportanceof
documentingflowandchannelformationwherethesesystemsarelifted.
Thanks,
ToddTugwell
Chief,MitigationBranch
RegulatoryDivision
WilmingtonDistrict,USACE
(919)2106265
CƩƚƒʹRayHolz<[e-mail]>
{ĻƓƷʹThursday,December29,20224:55PM
ƚʹDavis,ErinB<[e-mail]>;Tugwell,ToddJCIVUSARMYCESAW(USA)
<[e-mail]>
/ĭʹDow,JeremiahJ<[e-mail]>;WorthCreech<[e-mail]>;GrantLewis
AxiomEnvironmental([e-mail])<[e-mail]>;KenanJerniganAxiom
Environmental([e-mail])<[e-mail]>
{ǒĬƆĻĭƷʹ\[NonDoDSource\]SAW202202124/DWR#20221573/BIGBUFFALO/PostcontractSiteVisitNotes
ErinandToddΑ
Foryourreviewandcomment,IhaveattachedacopyoftheBigBuffalositevisitnotesfromourpostcontractvisiton
December19.Pleaseprovideanyadditionsoreditsviaemail,andIwillattachthefinalemailchaintothesenotesfor
inclusionintheMitigationPlan.
Thankyouforyourtime,andpleasedonothesitatetocontactmedirectlyifyouhaveanyquestions.
Sincerely,
RaymondH.
1

----- ------ ------
RaymondJ.Holz|RestorationSystems,LLC
1101HaynesSt.Suite211|Raleigh,NC27604
tel:[phone]|cell:919.604.9314|fax:[phone]
email:[e-mail]
2

Restoration Systems, LLC
1101 Haynes St. Suite 211
Raleigh, North Carolina
Ph: [phone]
December 29, 2022 Fx: [phone]

Jeremiah Dow
Eastern Project Manager, Division of Mitigation Services
North Carolina Department of Environmental Quality
[e-mail]

Subject: Big Buffalo Post Contract Site Visit Notes
SAW-2022-02124 / DWR # 20221573
DMS Contract #: 452048014-03; DMS Project ID: 100639; RFP # 16-452048014

On December 19, 2022, Restoration Systems (RS) held an on-site meeting with regulatory agencies to discuss the Big
Buffalo Mitigation Site (Site) as proposed to DMS in response to RFP 16-452048014. Below is a list of attendees and
site visit notes which will be incorporated into the development of the Site’s Mitigation Plan.

Attendees:
USACE: Restoration Systems:
- Todd Tugwell - Raymond Holz
- Worth Creech
NC DWR:
- Erin Davis Axiom Environmental:
- Grant Lewis
Division of Mitigation Services: - Kenan Jernigan
- Jeremiah Dow

General/Site-Wide Notes:
1) The IRT requested a section be added to the detailed restoration plan that addresses wetland loss due to
pond removal. Possible items to discuss include.
a. The formation of in-channel wetlands within restoration reaches.
b. The mitigation of on-site wetlands and functional uplift.
c. Wetland areas that may remain after pond removal.
d. Wetland areas may develop in the normal pool once the pond is removed.
2) Stream flow gauges and cameras will be installed in all headwater reaches, including UT 1, 2, 3, 5, 6, 7, 8,
10, 12, and 14.
3) Questions about buffer tool use in the technical proposal were raised, including the version, number of
terminal ends, and inclusion of preservation reaches. Buffer tool use will be coordinated with the USACE
during the development of the detailed restoration plan, and terminal end locations will be depicted in
the accompanying figure.
4) The IRT expressed concern about landowner encroachment into the easement. The current condition of
the property and a lack of fence maintenance caused the concern. RS understands the concern and
expects to work closely with the landowner in the future management of the property and easement.
5) All pond removals –it was discussed that permitting agencies will likely require the drainage of all
agricultural ponds by use of pumps and silt bags to limit downstream impacts.

UT-1:
1) The upper reaches of UT 1 (above the culvert) are to be changed to Enhancement (Level II) at a 5:1 ratio.
UT-2:
1) Add a Marsh Treatment in the upper reaches of UT 2. The right bank has a draw with significant sediment
input.

1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492

Big Buffalo Post Contract Site Visit Notes Page 2
SAW-2022-02124 / DWR # 20221573
DMS Contract #: 452048014-03; DMS Project ID: 100639; RFP # 16-452048014

UT-3:
1) UT 3 in its lower reaches, the IRT suggested Restoration Systems investigate keeping the channel in its
current location within wetlands at the upper end of the pond.

UT-4:
1) Upon receipt and review of bathymetry data and/or draining of the existing agricultural pond on UT4, the
IRT discussed/mentioned RS may need to reassess where restoration credit generation should begin.
2) At the upper extent of UT4, where it enters the Site, if the channel is determined jurisdictional at the
existing headcut, stream credit will start at the JD Point, with a marsh treatment above.

UT-6:
1) The lower end of UT 6 ties into UT 1/4 under a powerline crossing. The IRT suggested we pay attention to
this confluence and try to keep the confluence out of the powerline. Vegetation maintenance within the
powerline easement is not desirable at the confluence of two streams.

UT-16:
1) UT 16 has been proposed for stream restoration. The IRT suggested documenting the existing condition of
UT 16 to justify the reach for restoration. Specifically, the justification can revolve around the following.
a. a comparison of the reach to the upstream preservation condition,
b. the necessity to tie into lower restoration reaches, and
c. reconnecting the channel into adjacent wetlands.

North Prong Rocky River:
1) The IRT requested an analysis of the North Prong Rocky River. This analysis should include the following.
a. Identify areas of planting outside the forested area.
b. Identify areas of invasive species treatment and supplemental planting.
c. Identify areas of mass wasting that can be treated with stabilization measures. These areas may
be subject to a better ratio than 10:1.
d. Restoration Systems suggested using a 360-degree camera to document the current condition of
the N. Prong Rocky River before mitigation work.

Attachments:
- Big Buffalo, Figures 7 – 7c - Proposed Conditions from RS’s Technical Proposal Response, 2022-07-12

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