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HomeMy WebLinkAbout20200369 Ver 1_WitsEnd Addendum Request 2023April 26, 2023 Restoration Systems, LLC 1101 Haynes St. Suite 211 Raleigh, North Carolina Ph: (919) 755-9490 Fx: (919) 755-9492 Kimberly Isenhour Mitigation Project Manager, Regulatory Division US Army Corps of Engineers Subject: Wits End Mitigation Site – Mitigation Plan Addendum & Modification Request for Volunteer Species, Eastern Cottonwood (Populus deltoidesi) DMS Project ID No. 100164 Full Delivery Contract No. 7968 IFB 16-032819, RFQ 16-032819-YD05 USACE Action ID No. SAW-2020-00455 DWR Project No. 20200369 Mrs. Isenhour, Restoration Systems, LLC (RS), Sponsor of the Wits End Mitigation Site (Site), is providing this Mitigation Plan Addendum & Modification Request of the Site's Mitigation Plan based on site conditions during construction and on-site observations. Mitigation Plan Addendum items include 1.) Modification of UT 3 and 2.) Removal of ATV Paths/Crossings. In addition, RS requests modification of the Mitigation Plan to count Eastern Cottonwood (Populus deltoidesi) towards success criteria as an approved volunteer species. Mitigation Plan Addendum Items: Based on the approved Mitigation Plan, dated July 28, 2021, the Site was to provide 11,753.108 Stream Mitigation Units (SMUs) and 24.216 Wetland Mitigation Units (WMUs). Approved mitigation plan crediting included additional stream credit via the Non-Standard Buffer Width Calculation tool provided by the Wilmington District USACE. Based on site conditions during construction, slight adjustments were required along UT3. In addition, RS abandoned the permitted ATV trails within the Conservation Easement. These two items require a revision to the Site's asset table and the use of the Non-Standard Buffer Width Calculation. Item 1.) Modification of UT 3: The husband of the fee-simple landowner of UT 3, where the modification occurred, passed in 2021. The modified area of UT 3 and the adjacent floodplain is a "sacred" place for her, with many memories of her late husband. During construction, it became clear to RS that disturbing this area would cause her significant and, in our opinion, unneeded stress and anxiety. To maintain positive, long-term relations with her, RS decided to keep this portion of UT 3 in its current location. This portion of the UT 3 has bedrock control, has an existing mature buffer on its right bank, and is laterally stable. RS tied the newly constructed (restored) UT 3 into the existing bedrock. Credit within this area was converted from Restoration at 1:1 to Enhancement Level II at 5:1, and a revised wider buffer calculation was conducted based on the as-built location of the stream (UT3 Re-Design Sheets Attached). Item 2.) Removal of ATV Paths/Crossings: The layout of the Conservation Easement bisected portions of the original fee-simple property, and legally, RS had to provide access to the isolated portion. As detailed in the Mitigation Plan, RS accomplished this by adding internal ATV crossings/trails. Between approval of the Mitigation Plan and completion of construction, RS was able to sell the isolated portion of the parcel to the adjacent neighbor. As a result, the internal ATV trails and crossings were no longer necessary, and RS did not construct the ATV crossings/trails. RS worked with Blane Rice at the State Property Office to remove the trails/crossings from the conservation easement. This effort was completed on July 22, 2022, by recording a Release and Removal document at the Union County Register of Deeds (attached). Stream credit was added to the footprint of the forded ATV crossings, where credit was initially removed: Waxhaw Branch – Restoration at 1:1, UT 1 – Enhancement Level II at 5:1, and UT 2 – Restoration at 1:1. Additionally, the footprint of the ATV paths, which were removed from the wider buffer calculation, were added into a revised wider buffer calculation (the original and revised Non-Standard Buffer Width maps/calculations are attached). 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492 Wits End Mitigation Site – Mitigation Plan Addendum & Modification Request April 26, 2023 Page 2 Update to Site Credits: Based on items 1 and 2 and a recalculation of the Non-Standard Buffer Width Calculation tool provided by the Wilmington District USACE, Site crediting was adjusted downward by 227.162 SMUs and 0.053 WMUs. The approved Mitigation Plan and MY0 Baseline Report Project Mitigation Quantities and Credit Tables are attached to this letter. Mitigation Plan Modification: Since the completion of construction in July of 2022, RS has noted several naturally occurring, mature Eastern Cottonwoods (Populus deltoides) along forested portions of the UT3, UT3A, and Waxhaw Branch floodplains. The Site's approved vegetation associations for bare-root planting are Piedmont/Low Mountain Alluvial Forest and Dry- Mesic Oak-Hickory Forest (Schafale and Weakley, 2012). According to Schafale and Weakley, Eastern Cottonwoods are naturally found along levees in Brownwater Levee Forests, which are distinguished from Piedmont/Low Mountain Alluvial Forest communities by occurring on large floodplains with levees, bottomlands, and swamps. However, levee forest conditions can be mimicked on a smaller scale along streambanks in small stream floodplains. Like true coastal plain levees, these areas are conducive to sustaining Eastern Cottonwood populations. Such populations have been documented throughout the Piedmont and specifically in Union County (LeGrand et al., 2023 – see attached North Carolina Biodiversity Project and North Carolina State Parks - Eastern Cottonwood Fact Sheet). Therefore, RS requests that natural recruits of Eastern Cottonwood be allowed to count toward Site vegetative performance standards during future monitoring years. If the IRT concurs, sampled stems of Eastern Cottonwood will be recorded as "Approved Post Mit Plan" in future annual monitoring reports and capped at 10% for any one fix or random vegetation monitoring plot. Please let me know if you have any questions or if I can provide any additional information. Sincerely, Raymond Holz Restoration Systems, LLC Attachments: - Approved Mitigation Plan - Project Mitigation Quantities and Credits Table - MY0/Baseline Report - Project Mitigation Quantities and Credits Table - UT3 Re-Design - Original and Revised Non-Standard Buffer Width Maps/Calculations - Release and Removal of ATV Trails, Recorded Documents - North Carolina Biodiversity Project and North Carolina State Parks - Eastern Cottonwood Fact Sheet References: LeGrand, H., B. Sorrie, and T. Howard. 2023. Vascular Plants of North Carolina [Internet]. Raleigh (NC): North Carolina Biodiversity Project and North Carolina State Parks. Available from: https://auth1.dpr.ncparks.gov/flora/index.php. Schafale, M.P. 2012. Guide to the Natural Communities of North Carolina: Fourth Approximation. North Carolina Natural Heritage Program, North Carolina Department of Environment and Natural Resources. Raleigh, North Carolina. Wits End Mitigation Site – Mitigation Plan Addendum & Modification Attachments Request for Volunteer Species, Eastern Cottonwood (Populus deltoidesi) April 26, 2023 Wits End Mitigation Site – Mitigation Plan Addendum & Modification Request: Attachments - Approved Mitigation Plan - Project Mitigation Quantities and Credits Table - MY0/Baseline Report - Project Mitigation Quantities and Credits Table - UT3 Re-Design - Original and Revised Non-Standard Buffer Width Maps/Calculations - Release and Removal of ATV Trails, Recorded Documents - North Carolina Biodiversity Project and North Carolina State Parks - Eastern Cottonwood Fact Sheet July 28, 2021 – Wits End Stream & Wetland Mitigation Site – Approved Mitigation Plan Table 1A. Project Credits Summary Wits End Site Restoration Level Stream Riparian Wetland Warm Riverine Restoration 10,612.00 -- Re-establishment -- 22.886 Rehabilitation -- -- Enhancement -- 0.721 Enhancement I 154.667 -- Enhancement II -- -- Enhancement II (reduced ratio) 133.400 -- Preservation -- 0.492 Creation -- 0.117 Benthics 2% 218.001 -- Wider Buffer* 635.06 -- Totals 11,753.128 24.216 *See Figure 10 for Wider Buffer Tool output and results. Table 1.B Project Components and Mitigation Credits Project Segment Existing1 Footage/ Mitigation Plan Footage/ Mitigation Restoration Level Mitigation Ratio Mitigation Credits Comment Acreage Acreage Category Waxhaw Br Upstream R1 330 330 Warm EII* 5.000 66.000 Waxhaw Br Upstream R2 42 42 Warm R 1.000 42.000 10 ft of ATV crossing between R2 and R3 receives no credit Waxhaw Br Upstream R3 253 2547 Warm R 1.000 2547.000 62 ft of piped crossing between R3 and R4 receives no credit Waxhaw Br Upstream R4 923 1051 Warm R 1.000 1051.000 Waxhaw Br Downstream 1499 1362 Warm R 1.000 1362.000 UT 1 R1** 2 2 Warm EII 0.000 0.000 12 ft of ATV crossing between R1 and R2 receives no credit UT 1 R2 96 96 Warm EII* 5.000 19.200 UT 1 R3 35 78 Warm R 1.000 78.000 UT 2 R1 572 583 Warm R 1.000 583.000 49 ft of forded crossing between R1 and R2 receives no credit UT 2 R2 33 36 Warm R 1.000 36.000 10 ft of ATV crossing between R2 and R3 receives no credit UT 2 R3 91 562 Warm R 1.000 562.000 UT 3A 734 780 Warm R 1.000 780.000 UT 3 Upstream R1 168 168 Warm EII* 5.000 33.600 UT 3 Upstream R2 232 232 Warm EI 1.500 154.667 UT 3 Upstream R3 696 770 Warm R 1.000 770.000 UT 3 Downstream R1 1275 1459 Warm R 1.000 1459.000 UT 4 818 1223 Warm R 1.000 1223.000 UT 5 R1 73 73 Warm EII* 5.000 14.600 UT 5 R2 88 119 Warm R 1.000 119.000 Wetland Reestablishment -- 22.886 NA Reestablishment 1.000 22.886 Wetland Enhancement 1.066 1.442 NA Enhancement 2.000 0.721 Some wetland enhancement included in ponds/open waters on PJD figures and application Wetland Preservation 5.317 4.923 NA Preservation 10.000 0.492 Wetland Creation -- 0.351 NA Creation 3.000 0.117 *Enhancement at a reduced ratio **Mitigation credit removed given length of reach April, 2023 – Wits End Stream & Wetland Mitigation Site – MY0/Baseline Report Highlighted Rows Indicate Change from Mitigation Plan Assets Table 1. Wits End Mitigation Site (ID-100164) Project Mitigation Quantities and Credits Original Mitigation Original Original Original Plan As-Built Mitigation Restoration Mitigation Project Segment Ft/Ac Ft/Ac Category Level Ratio (X:1) Credits Comments Stream Waxhaw Br Upstream R1 330 329 Warm EII* 5.000 66.000 Waxhaw Br Upstream R2** 42 52 Warm R 1.000 52.000 Waxhaw Br Upstream R3 2547 2533 Warm R 1.000 2,547.000 62 ft of piped crossing between R3 and R4 receives no credit Waxhaw Br Upstream R4 1051 1042 Warm R 1.000 1,051.000 Waxhaw Br Downstream 1362 1368 Warm R 1.000 1,362.000 UT 1 R1** 2 14 Warm EII* 5.000 2.800 UT 1 R2 96 97 Warm EII* 5.000 19.200 UT 1 R3 78 77 Warm R 1.000 78.000 UT 2 R1 583 579 Warm R 1.000 583.000 49 ft of forded crossing between R1 and R2 receives no credit UT 2 R2** 36 46 Warm R 1.000 46.000 UT 2 R3 562 560 Warm R 1.000 562.000 UT 3A 780 792 Warm R 1.000 780.000 UT 3 Upstream R1 168 171 Warm EII* 5.000 33.600 UT 3 Upstream R2 232 232 Warm EI 1.500 154.667 UT 3 Upstream R3 770 757 Warm R 1.000 770.000 UT 3 Downstream R1^ 1459 41 Warm R 1.000 41.000 UT 3 Downstream R2^ NA 292 Warm EII* 5.000 58.400 UT 3 Downstream R3^ NA 1109 Warm R 1.000 1,109.000 UT 4 1223 1215 Warm R 1.000 1,223.000 UT 5 R1 73 73 Warm EII* 5.000 14.600 UT 5 R2 119 118 Warm R 1.000 119.000 Total: 10,672.267 Wetland Wetland Reestablish@ 22.886 22.833 NA REE 1.000 22.833 Wetland Enhancement 1.442 1.442 NA E 2.000 0.721 Wetland Creation 0.351 0.351 R P 10.000 0.117 Wetland Preservation 4.923 4.916 R C 3.000 0.492 Total: 24.163 Project Credits Restoration Level Stream Riparian Non-Rip Coastal Warm Cool Cold Wetland Wetland Marsh Restoration 10,323.000 Re-establishment 22.833 Rehabilitation Enhancement 0.721 Enhancement I 154.667 Enhancement II Enhancement II* 194.600 Creation 0.117 Preservation 0.492 Benthics 212.989 Wider Buffer% 640.690 Totals 11,525.946 24.163 Total Stream Credit 11,525.946 Total Wetland Credit 24.163 * Enhancement at reduced ratio ** The ATV paths and forded crossings proposed in the Mitigation Plan were legally abandoned and were not constructed ^ UT 3 channel realigned during construction back into old channel. This reach (R2) is now Enhancement (level II) at 5:1 with 2 smaller reaches of Restoration above and below (R1 and R3). @ Wetland reestablishment credit reduced due to UT 3 realignment % Wider buffer credit updated due to UT 3 channel realignment NCCGIA FIGURE Drawn by: Date: Scale: Project No.: KRJ MAR 2021 1:4200 20-011 Title: Project: Prepared for: Union County, NC WITS END SITE STREAM BUFFER CREDIT ADJUSTMENT OUTPUT 10A ³ 0 600 1,200300Feet Legend Conservation Easement Boundary Channel TOB TOB - 15 ft 15 - 20 ft 20 - 25 ft 25 - 30 ft 30 - 35 ft 35 - 40 ft 40 - 45 ft 45 - 50 ft 50 - 75 ft 75 - 100 ft 100 - 125 ft 125 - 150 ft Ineligible Buffer Area (Wetland Mitigation Beyond 50 ft from TOB and 2 ATV Trails) U T-2 W a x h a w B r a n c h U T - 1 U T - 3 U T-3 A UT-4 UT-5 NCCGIA FIGURE Drawn by: Date: Scale: Project No.: KRJ JUL 2021 1:4200 20-011 Title: Project: Prepared for: Union County, NC WITS END SITE STREAM BUFFER CREDIT ADJUSTMENT IDEAL BUFFER 10B ³ 0 600 1,200300Feet Legend Conservation Easement Boundary Channel TOB TOB - 15 ft 15 - 20 ft 20 - 25 ft 25 - 30 ft 30 - 35 ft 35 - 40 ft 40 - 45 ft 45 - 50 ft 50 - 75 ft 75 - 100 ft 100 - 125 ft 125 - 150 ft U T-2 W a x h a w B r a n c h U T - 1 U T - 3 U T-3 A UT-4 UT-5 NCCGIA, NC 911 Board FIGURE Drawn by: Date: Scale: Project No.: KRJ OCT 2022 1:4200 20-011 Title: Project: Prepared for: Union County, NC WITS END SITE STREAM BUFFERCREDITADJUSTMENTOUTPUT(ACTUAL BUFFER) 3A ³ 0 600 1,200300Feet Legend Conservation Easement Boundary Channel TOB TOB - 15 ft 15 - 20 ft 20 - 25 ft 25 - 30 ft 30 - 35 ft 35 - 40 ft 40 - 45 ft 45 - 50 ft 50 - 75 ft 75 - 100 ft 100 - 125 ft 125 - 150 ft Ineligible Buffer Area (Wetland Mitigation Beyond 50 ft from TOB) UT-2 W a x h a w B r a n c h U T - 1 U T - 3 UT-3A UT-4 UT-5 NCCGIA, NC 911 Board FIGURE Drawn by: Date: Scale: Project No.: KRJ OCT 2022 1:4200 20-011 Title: Project: Prepared for: Union County, NC WITS END SITE STREAM BUFFERCREDITADJUSTMENTOUTPUT(IDEAL BUFFER) 3B ³ 0 600 1,200300Feet Legend Conservation Easement Boundary Channel TOB TOB - 15 ft 15 - 20 ft 20 - 25 ft 25 - 30 ft 30 - 35 ft 35 - 40 ft 40 - 45 ft 45 - 50 ft 50 - 75 ft 75 - 100 ft 100 - 125 ft 125 - 150 ft UT-2 W a x h a w B r a n c h U T - 1 U T - 3 UT-3A UT-4 UT-5 Site Name: USACE Action ID: NCDWR Project Number: Sponsor: Number of Exempt Terminal Stream Ends1:7 County:Union Minimum Required Buffer Width2:50 Mitigation Type Mitigation Ratio Multiplier3 Creditable Stream Length4 Include in Buffer Calculations Baseline Stream Credit Buffered Stream Length Credit From Buffered Streams Restoration (1:1)1 10323 Yes 10323.00 10323.00 10323.00 Enhancement I (1.5:1)1.5 232 Yes 154.67 232.00 154.67 Enhancement II (2.5:1)2.5 Preservation (5:1)5 Other (7.5:1)7.5 Other (10:1)10 Custom Ratio 1 5 973 Yes 194.60 973.00 194.60 Custom Ratio 2 Custom Ratio 3 Custom Ratio 4 Custom Ratio 5 Totals 11528.00 10672.27 11528.00 10672.27 Buffer Zones less than 15 feet >15 to 20 feet >20 to 25 feet >25 to 30 feet >30 to 35 feet >35 to 40 feet >40 to 45 feet >45 to 50 feet >50 to 75 feet >75 to 100 feet >100 to 125 feet >125 to 150 feet Max Possible Buffer (square feet)5 348312.75 117203.25 117752.75 118302.25 118851.75 119401.25 119950.75 120500.25 610743.75 624481.25 638218.75 651956.25 Ideal Buffer (square feet)6 347079.04 115578.42 115570.26 115208.61 114511.84 113763.00 113109.34 112567.42 550653.99 526773.22 511045.07 499872.80 Actual Buffer (square feet)7 339479.07 110624.73 109535.72 108351.98 107060.98 105577.40 104192.60 102983.17 261275.99 259621.51 243393.22 201245.87 Zone Multiplier 50%10%10%10%5%5%5%5%7%5%4%4% Buffer Credit Equivalent 5336.13 1067.23 1067.23 1067.23 533.61 533.61 533.61 533.61 747.06 533.61 426.89 426.89 Percent of Ideal Buffer 98%97%96%95%95%95%94%94%47%49%48%40% Credit Adjustment -98.19 -37.17 -44.79 -50.18 -26.82 -29.26 -31.70 -33.84 354.47 262.99 203.31 171.86 Total Baseline Credit Credit Loss in Required Buffer Credit Gain for Additional Buffer Net Change in Credit from Buffers Total Credit 10672.27 -351.95 992.64 640.69 11312.96 1Number of terminal stream ends, including all points where streams enter or exit the project boundaries, but not including internal crossings even if they are not protected by the easement. Wilmington District Stream Buffer Credit Calculator Wits End NA NA Restoration Systems 5This amount is the maximum buffer area possible based on the linear footage of stream length if channel were perfectly straight with full buffer width and no internal crossings. This number is not used in calculations, but is provided as a reference. Buffer Width Zone (feet from Ordinary High Water Mark) 7Square feet in each buffer zone, as measured by GIS, excluding non-forested areas, all other credit type (e.g., wetland, nutrient offset, buffer), easement exceptions, open water, areas failing to meet the vegetation performance standard, etc. Additional credit is given to 150 feet in buffer width, so areas within the easement that are more than 150 feet from creditable streams should not be included in this measurement. Non-creditable stream reaches within the easement should be removed prior to calculating this area wtih GIS. 6Maximum potential size (in square feet) of each buffer zone measured around all creditable stream reaches, calculated using GIS, including areas outside of the easement. The inner zone (0-15') should be measured from the top of the OHWM or the edge of the average stream width if OHWM is not known. Non-creditable stream reaches within the easement should be removed prior to calculating this area wtih GIS. 3Use the Custom Ratio fields to enter non-standard ratios, which are equal to the number of feet in the feet-to-credit mitigation ratio (e.g., for a perservation ratio of 8 feet to 1 credit, the multiplier would be 8). 2Minimum standard buffer width measured from the top of bank (50 feet in piedmont and coastal plain counties or 30 feet in mountain counties) 4Equal to the number of feet of stream in each Mitigation Type. If stream reaches are not creditable, they should be excluded from this measurement, even if they fall within the easement. Home Page Quick Search County Search View Plant List Photo Gallery Recent Account Updates Maps Export Plant List References NC Biodiversity Project Section:Common Name:Scientific Name:Family:Search Reset Account for Eastern Cottonwood - Populus deltoides Bartram ex Marshall Members of Salicaceae: Populus Members of Populus with account distribution info or public map: Populus deltoides BONAP GBIF SERNEC Flora of NA NatureServe Explorer Tropicos USDA NCBG FloraQuest Weakley Map Goog Imag Section 6 » Order Salicales » Family Salicaceae Author Bartram ex Marshall Distribution A very patchy and odd distribution. Found over much or most of the Piedmont, but primarily in the southern third of the province. In the Coastal Plain, it is limited to brownwater river floodplains, especially the Roanoke and Cape Fear; thus found mainly near the VA line (Roanoke River), and again in the southwestern portion (Cape Fear River), but scarce along the Neuse and Tar river floodplains. Also present in part of the Mountains, but not widespread there; some records may refer to escaped individuals. The species occurs in essentially all 50 states, including most of the Canadian provinces. It is scarce in many South Atlantic states, especially from NC to FL. Abundance Fairly common only in parts of the southern Piedmont, along the upper Roanoke River floodplain (Halifax and Northampton counties), and much of the Cape Fear River floodplain from Harnett south to Brunswick counties. Uncommon along the French Broad River floodplain. Elsewhere generally rare, often being adventive or escaped; may grow in ruderal habitats. Habitat This species occurs in the state in rich soil of floodplains, mainly in brownwater river floodplains (e.g., French Broad, Catawba, Yadkin—Pee Dee, Roanoke, and Cape Fear). It does occur in rich soil elsewhere, including waste lots, thickets, etc., but it may be considered as ruderal at many such sites. It typically is found on riverbanks and on natural levees, more so than farther back from the rivers in the floodplains. See also Habitat Account for Rich Wet Hardwood Forests Phenology Blooms and fruits in March and April. The cotton-like or feather-like fruits are often seen drifting across the floodplains in the spring. Identification This is a medium to often tall deciduous tree, growing to 90-100 feet or more, being more a tree of medium-aged forests than mature/climax bottomland stands. It has distinctive triangular leaves, with a strongly acuminate tip, and the base is rather truncate (cut straight across to the petiole). These leaves average 3-4 inches long and wide. The petioles are distinctly flattened, easily noted when rotated in your hand. This is an important character, as the similar Swamp Cottonwood (P. heterophylla), which may grow in the same stands with Eastern Cottonwood, has rounded (terete) petioles, and the leaves are wider (and often larger) and taper gradually to the tip. Taxonomic Comments As expected for a very wide-ranging species, there are several named subspecies/varieties; the nominate subspecies – P. deltoides ssp. deltoides – is the one found in NC. Other Common Name(s) Necklace Poplar State Rank S4 [S4S5] Global Rank G5 State Status US Status USACE-agcp FAC link USACE-emp FAC link County Map - click on a county to view source of record. Vascular Plants of North Carolina Photo Gallery Show/Hide photographer comments photo_link county obsType B.A. Sorrie North side Deep River, east of Glendon Road. Moore Photo_natural B.A. Sorrie North side Deep River, east of Glendon Road. 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