HomeMy WebLinkAbout20140335 Ver 1_Mitigation Plan e-Approval Letter_20150720DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
REPLY TO
ATTENTION OF: 14 July, uly, 2015
Regulatory Division
Re: NCIRT Review and USACE Approval of the Aycock Springs Draft Mitigation Plan; SAW -2014-
01711; DMS Project #96312
Mr. Tim Baumgartner
North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699 -1652
Dear Mr. Baumgartner:
The purpose of this letter is to provide the North Carolina Division of Mitigation Services
(NCDMS) with all comments generated by the North Carolina Interagency Review Team ( NCIRT)
during the 30 -day comment period for the Aycock Springs Draft Mitigation Plan, which closed on 12
April, 2015. (Please note that the review period for this project was extended to allow for an on -site
review.) These comments are attached for your review.
Based on our review of these comments and discussions held during the May 15, 2015 site visit,
we have determined that no major concerns have been identified with the Draft Mitigation Plan, which
is considered approved with this correspondence. However, several minor issues were identified, as
described in the attached comment memo, which must be addressed in the Final Mitigation Plan.
The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN)
application for Nationwide permit approval of the project along with a copy of this letter. Issues
identified above must be addressed in the Final Mitigation Plan. All changes made to the Final
Mitigation Plan should be summarized in an errata sheet included at the beginning of the document. If it
is determined that the project does not require a Department of the Army permit, you must still provide a
copy of the Final Mitigation Plan, along with a copy of this letter, to the appropriate USACE field office
at least 30 days in advance of beginning construction of the project. Please note that this approval does
not preclude the inclusion of permit conditions in the permit authorization for the project, particularly if
issues mentioned above are not satisfactorily addressed. Additionally, this letter provides initial approval
for the Mitigation Plan, but this does not guarantee that the project will generate the requested amount of
mitigation credit. As you are aware, unforeseen issues may arise during construction or monitoring of
the project that may require maintenance or reconstruction that may lead to reduced credit.
Thank you for your prompt attention to this matter, and if you have questions regarding this
letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at
919- 846 -2564.
Sincerely,
1 ''I I A 8339165 HUGHESANDREANADE. DNc =US,o =U.S. Government, ou ED Dou =PK1
2583 3 9165 ou =USA, cn= HUGHES.ANDREA.WADE.1258339165
Date: 2015.07.1411:34:10 - 04'00'
Andrea Hughes
Special Projects Manager
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
Jeff Schaffer, NCDMS
Worth Creech, Restoration Systems
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
CESAW -RG /Hughes May 4, 2015
MEMORANDUM FOR RECORD
SUBJECT: Aycock Springs - NCIRT Comments During 30 -day Mitigation Plan Review
PURPOSE: The comments listed below were posted to the NCDMS Mitigation Plan Review
Portal during the 30 -day comment period in accordance with Section 332.8(8) of the 2008
Mitigation Rule.
NCDMS Project Name: Aycock Springs Stream and Wetland Project, Alamance County, NC
USACE AID #: SAW- 2014 -01711
NCDMS #: 96312
30 -Day Comment Deadline: 12 April 2015
Ginny Baker, NCDWR, 9 April, 2015:
1. Please provide a figure that shows approximately where the 14 proposed vegetation
monitoring plots and the proposed stream cross - sections will be located.
2. It would also be helpful to provide an aerial figure that indicates the
perennial /intermittent classification and an aerial figure that indicates the type of
mitigation proposed for ease of reference and project review.
3. UT3 is an intermittent channel that will be restored with Priority 1 restoration. Detailed
plan sheets that show the existing and proposed profile grade were not included in the
Aycock Springs Draft plan therefore it was not possible to determine if the channel bed
will be raised when an off -line channel is built. If P1 restoration will raise the stream bed
NC DWR will require a monitoring well to be installed at the upper end of UT3 to ensure
baseflow hydrology is maintained for 30 consecutive days during a normal precipitation
year.
Andrea Hughes, USACE, 24 April, 2015:
1. During the 9 April 2014 site meeting, a possible violation was observed at the top of the
project in a proposed wetland /stream restoration section. The provider was advised of
necessity for a separate NWP /ATF from the landowner for the impoundment and that
the impoundment would require engineered construction with a low -flow orifice. The
provider was advised to provide a narrative of actions in the draft mitigation plan. The
plan did not include the requested information.
2. According to the information provided in our database, the site contains 14 wetlands, 6
tributaries to Travis Creek, and Travis Creek. Figure 4 identifies 13 wetlands. Please
provide a revised map.
3. The draft mitigation plan includes changes to the proposed easement boundaries and
proposed treatments /mitigation credits. Specifically, figure 6B indicates that Travis
Creek (Station 07 +87 to 13 +71) has been removed from the project and a portion of
Travis Creek beginning at Station 13 +71 has been changed from Enhancement I and II to
Restoration.
4. Please note that typically we do not recommend inclusion of Acer rubrum in planting
plans as this species may currently be present onsite. At this time we are not asking
that the species be removed from the planting plan on page 28, however please be
aware that adaptive management may be required if Acer rubrum is determined to be a
dominant species at any time during the monitoring period.
5. The mitigation plan indicates that you propose to extend the growing season for
wetland hydrology success criteria from April 17- October 22 to February 1- October 22.
Please be aware that if you plan to extend the growing season to meet success, you
must provide a chart of daily soil temperatures for the extended time period February 1-
April 16 in the annual monitoring reports.
6. As mentioned during the 9 April 2014 site visit, we request that a surface water gauge
be installed in UT 3 in order to demonstrate sufficient flow throughout the monitoring
period to maintain an Ordinary High Water Mark (OHWM).
7. Monitoring requirements and success criteria must meet the standards outlined in the
latest guidance provided by the Wilmington District Corps of Engineers. The guidelines
are provided on the RIBITS website. Please provide a map depicting all proposed
monitoring locations including permanent vegetation plots, groundwater and surface
water gauges, crest gauges, cross - sections, bank pins, water quality and aquatic biota
sampling points.
8. Monitoring reports must be submitted for seven consecutive years. Years 4 and 6 may
include photo documentation for stream stability in lieu of data collection. Wetland
hydrology monitoring is required for seven consecutive years.
9. Longitudinal profiles must be submitted with an as -built survey in the baseline (post -
construction) monitoring report.
10. Bank height ratio (BHR) and entrenchment ratio (ET) should be provided in addition to
1) cross - sectional area, 2) bankfull width, 3) average depth, 4) maximum depth, and 5)
width to depth ratio.
11. Table 6 indicates a proposed BHR range of 1.0 -1.3 for stream restoration areas. BHR
cannot exceed 1.2 at any measured riffle cross - section.
12. The JD approval date shown on page 9 of the mitigation plan is incorrect. The correct
date is 16 September 2014.
13. All temporary and permanent impacts to existing wetlands and streams must be
accounted for in the PCN and the loss or conversion of those waters must be replaced
on -site. Please include a map depicting the location of all impacts with the PCN.
Digitally signed by
HUGHES.ANDREA, HUGH ESA DREA.WADE.1258339165
DN: c =US, o -U.S. Government, ou -DoD, ou =PKI,
WADE,1258339165 con= HUGHES.ANDREA.WADE.1258339165
Date: 2015.07.14 11:33:43 - 04'00'
Andrea Hughes
Special Projects Manager
Regulatory Division