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Home My WebLink About20201096 Ver 1_As-Built Credit Release_Firestone_SAW-2020-01534DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 September 27, 2023 Regulatory Division SUBJECT: As-built baseline monitoring report approval and credit release associated with the Wildlands Catawba 01 Umbrella Mitigation Bank, Firestone Mitigation Site Ms. Andrea Eckardt Wildlands Engineering, Inc. 1430 Mint Street Suite 104 Charlotte, NC 28203 Dear Ms. Eckardt: This letter is to inform you that the Wilmington District, Corps of Engineers (Corps) has reviewed the as-built baseline monitoring report for the Wildlands Catawba 01 Umbrella Mitigation Bank (UMB), Firestone mitigation site (Action ID SAW-2020-01534), dated July 28, 2023. The Firestone site is in the Catawba River Basin (Hydrologic Unit Code 03050101), south of Riverbend Road and east of Gemstone Street, approximately five miles northeast of Conover in Catawba County, NC. In accordance with Sec. 332.8(o)(9) of the Federal Mitigation Rule, the baseline monitoring report was provided to the North Carolina Interagency Review Team (NCIRT) for review and comment on August 3, 2023. A site meeting was also held on August 16, 2023, to assess the as-built site conditions. The attached minutes document the results of the meeting. NCIRT report review comments and site meeting action items outlined in the attached comment memo should be addressed and included in the Year 1 monitoring report. Pursuant to the UMB Instrument approved on July 25, 2022, and the site-specific Firestone Final Mitigation Plan dated July 5, 2022, 15 percent of the mitigation site’s total restoration and enhancement credits shall be available for sale immediately after the completion of implementation of the mitigation plan and Corps approval of the baseline monitoring report and as-built survey. By copy of this correspondence, we confirm that you have satisfied the above requirements for the as-built credit release, and 688.067 stream mitigation units (SMUs) are now available for sale. With this -2- release, 1,376.133 SMUs (30 percent of the total restoration and enhancement credits) have been released for sale. Please note that this electronic copy provided to you via email is your official copy. Should you wish to receive a paper copy of this correspondence, please contact us. Thank you for your time and cooperation. If you have any questions, please contact the Project Manager, Steve Kichefski, by email at Steven.L.Kichefski@usace.army.mil or by phone at (828) 933-8032. Sincerely, Todd Tugwell Chief, Mitigation Branch Enclosure cc (by email): NCIRT Distribution List Project Name: Sponsor Name: USACE Action ID: NCDWQ Action ID: Non-Forested Wetland Credits Warm Water Cool Water Cold Water Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal 4587.11 0 0 0 0 0 0 Scheduled Releases Warm Water Cool Water Cold Water Scheduled Releases Riparian Riverine Riparian Non-Riverine Non-Riparian Scheduled Releases Coastal 1 (Bank/Site Establishment)1, 2 15%688.066 15%15%Oct-22 8/11/2022 2 (Year 0/As-Built)3 15%688.067 15%15%Aug-23 3 (Year 1 Monitoring)10%458.711 10%10%Mar-24 4 (Year 2 Monitoring)10%458.710 10%15%Mar-25 5 (Year 3 Monitoring)10%458.711 15%20%Mar-26 6 (Year 4 Monitoring)5%229.356 5%10%Mar-27 7 (Year 5 Monitoring)10%458.711 15%15%Mar-28 8 (Year 6 Monitoring)5%229.356 5%NA NA Mar-29 9 (Year 7 Monitoring)10%458.711 10%NA NA Mar-30 Stream Bankfull Standard4 10%458.711 NA NA NA NA NA NA Varies4 Total Credits Release to Date 4,587.11 - Date Wilmington District Mitigation Bank Credit Release Schedule Firestone Mitigation Site County:Catawba Wildlands Holdings VI, LLC 8-Digit HUC:03050101 Potential Credits from As-Built Survey SAW-2020-01534 Year Project Instituted:11/2/2020 2020-1096 v1 Date Prepared:8/11/2022 Total Potential Credits Credit Classification Stream Credits Forested Wetland Credits Potential Credits from Mitigation Plan Current and Future Credit Releases Credit Release Milestone Stream Credits Forested Wetland Credits Non-Forested Wetland Credits Projected Release Date Actual Release Date 4 - A 10% reserve of credits to be held back until the bankfull event performance standard has been met. Contingencies (if any): None Signature of Wilmington District Official Approving Credit Release 1 - The first credit release milestone is based on the potential credits stated in the approved mitigation plan. 2 - The first credit release shall occur upon establishment of the mitigation bank, which includes the following criteria: 1) Execution of the MBI or UMBI by the Sponsor and the USACE; 2) Approval of the final Mitigation Plan; 3) Mitigation bank site must be secured; 4) Delivery of the financial assurances described in the Mitigation Plan; 5) Recordation of the long-term protection mechanism and title opinion acceptable to the USACE; 6) 404 permit verification for construction of the site, if required. 3 - The second credit release is based on the credit totals from the as-built survey, and may differ slightly from the credit totals stated in the mitigation plan. 27 Sep 2023 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 CESAW-RG/Kichefski September 27, 2023 MEMORANDUM FOR RECORD SUBJECT: Action ID # SAW-2020-01534, NCIRT Review Comments on the Wildlands Catawba 01 Umbrella Mitigation Bank, Firestone Mitigation Site As-built & Baseline Monitoring Report Erin Davis/Steve Kichefski, USACE: As-built/MY0 Report Comments – 1.Section 2 – With site planting being completed after the standard IRT deadline of March 15th, please closely monitor stem stress and mortality during the MY1 veg survey. Assessment of supplemental planting needs is encouraged early in an effort to avoid an extension of the monitoring period. 2.Section 2.1.6 – While the addition of woody debris to a steam channel is encouraged for habitat enhancement, the replacement of 11 rock sills with log sills on a steep intermittent channel raises concerns regarding the long-term stability of installed grade control structures. As discussed during the site visit, please monitor these structures closely for signs of instability and decomposition. 3.Section 2.2.1 – Given that removal of the exterior culvert crossing rock apron encroachment of 2.2 LF may result in instability and that the location is upslope of the constructed BMP situated upstream of the UT2 origin in a non-credit area, I am okay with the proposed plan to leave the rock in place. IRT Site Visit August 16, 2023, Wildlands Action Items – 1.Firestone Tributary – In the MY1 report please provide progress updates on the mowing encroachment (e.g., planting, fencing, landowner engagement) and the crossing filter fabric issue. 2.UT1 – Please include a status update on the proposed live stake bank erosion repair near the culvert crossing. 3.UT2 – Please closely monitor log sills and provide a condition update on the piping structure observed near the downstream end of the trib. 4.UT3 – Please confirm removal of the construction debris observed near the BMP. 5.Sitewide – Please provide descriptions of the herbaceous cover density and diversity, and the extent and completed/planned treatment of invasives noted during the site visit (e.g., bamboo, tree of heaven, Asian spiderwort). 6.A reminder to place a mobile veg plot in Wetland A and B twice over the monitoring period. -2- Steve Kichefski Mitigation Project Manager Mitigation Branch MEETING MINUTES Meeting: As-Built (Monitoring Year 0) IRT Credit Release Site Walk Catawba Umbrella Mitigation Bank - Firestone Mitigation Site Catawba River Basin 03050101 USACE Action ID No. SAW‐2020‐01534 NCDWR # 2020‐1096 v1 Wildlands Project No. W45024 Meeting Date: Minutes Distributed: August 16, 2023, 1:00 - 4:30 pm August 23, 2023 Location: Firestone Mitigation Site – Riverbend Rd., Claremont, NC 28610 Attendees Eric Neuhaus, Wildlands Engineering Project Manager Shawn Wilkerson, Wildlands Engineering President, CEO Sam Kirk, Wildlands Engineering Stewardship Jeff Turner, Wildlands Engineering Scientist Erin Davis, US Army Corps of Engineers Steve Kichefski, US Army Corps of Engineers Maria Polizzi, NC DEQ Dave McHenry, NC WRC Minutes The group met at the Firestone Mitigation Site. Eric provided an overview of the site. The group then proceeded to walk the site streams in the following order: UT3, Firestone Trib, UT1, then UT2. Notes are provided below with additional information/comment as required. Opening Remarks After Eric gave an overview of the project, several items were specifically called out or mentioned: • (Eric) - Explained the name of the project was because approximately 15 truckloads of tires were removed from the site. • (Eric) - Mentioned that the crossing filter fabric on the main stem of Firestone Trib is bubbling up due to the excessive groundwater seepage. • (Eric) - Described how the bamboo was mechanically removed from UT1 and a root barrier was installed to minimize the new growth within the easement. • (Sam) - The other invasives include Tree of Heaven (Ailanthus altissima) and Asian spiderwort (Murdannia keisak), which have both already been treated this summer and the populations will continue to be monitored. • (Erin) - Reminded Wildlands to place a mobile vegetation plot in wetland A or B 2 times over the course of the project. • (Erin & Maria) - Wildlands needs to check the AB credit length to the Mitigation Plan credit lengths and explain any deviations. There appeared to be several hundred feet/credit difference that was not explained in the credit table. • (Maria) - Requested that a footnote be added to table 8 (Baseline Stream Data Summary) explaining that no AB dimensions are listed for certain reaches because there were no cross- sections installed. UT3 • (General) - There is a small amount of construction debris (fabrics, metal posts) in the left floodplain of the UT3 BMP that will need to be removed. • The team walked UT3, which alternated between a BMP, Enhancement, and Restoration. Firestone Tributary • (Steve) - There was a discussion about the diversity and density of the herbaceous cover across the site. Some areas were noted as having a lower herbaceous cover and the bur-marigold (Bidens aristosa) visually looks like a monoculture across the site. There was some concern if there would be bare areas when the Bidens dies back in the winter. o (Wildlands) - Commented that the Bidens was planted at a rate of 2.5% by weight in the seed mix. Although it looks at a distance like the Bidens is the only plant across the site, closer inspection reveals that there is a lot of diversity and good herbaceous coverage at the ground level. The Bidens is dominant at the shrub height (3-8’) but is an annual that dies back to allow all of the other species (which were present and observed) to grow. • There is some southern cut grass (possibly Leersia oryzoides) at the upstream extent that needs to be monitored as it is dense and could crowd out other vegetation. • There was some evidence of the herbicide treatment of the Asian spiderwort. • The filter fabric of the upstream crossing was bubbling up with a bentonite-like mixture of silt and clay beneath it. Firestone trib groundwater seepage in the floodplain with pocketed wet areas. • The floodplain pools were observed and appeared to be shallow and providing good habitat. • There was a discussion about the upstream DOT road culvert and how much water was backed up to it. It was explained that a rock sill was installed to back water up to the downstream invert of the culvert, but not through it to not impact the culvert’s designed dimensions or capacity. • There was mowing encroachment in the right floodplain of reach 1 that had been marked off with tape and signs but was still being mowed. Wildlands will monitor the situation and may decide to install a permanent fence along this boundary. UT1 • The floodplain pools were observed and appeared to be shallow and providing good habitat. • The root barriers of the bamboo were observed. • There is a small (5’) pocket of instability on the left bank under the erosion control matting near the culvert crossing. This area should be monitored. Wildlands said they would live stake the area for stabilization. UT2 • The area of encroachment was observed at the upstream extent. The rock material from the crossing (curtain) extends into the easement; the pipe is located outside of the easement. As this is a BMP, it is simply an easement encroachment, not a jurisdictional encroachment. It was agreed that no action was necessary based on the minority of the encroachment. • Most of UT2 was either dry or had stagnant water that was heavily coated with iron oxidizing bacteria. Wildlands confirmed that the reach has both a stream gage to monitor flow and a crest gage to capture bankfull events. Because the stream was frequently dry, it made the log sills appear to be set with high drops since it was hard to determine the elevation of the subsequent riffle (i.e. the water surface elevation). The IRT prefers the drop height to be less than one foot, and preferably closer to 0.6-0.8’. There was also a discussion about whether the dry log sills would rot and whether they were set deep enough in the banks. o (Wildlands) - According to the AB survey, the structures on UT2 have a drop height typically ranging between 0.5-0.8’. o (Wildlands) - The decomposition of the logs is not expected to be a problem during the life of the project. If the sills do degrade over time, the structure of the stream will remain intact because the log sills are often alternated with rock sills up or down stream. The design of the log sills is also detailed in the mitigation plan. • One structure at the downstream extent was observed to be piping. Wildlands will monitor this structure. Action Items & Summary • Overall, the site looks good. There was some discussion about the long-term (post-monitoring) stability and structure of the vegetation and log sills. • Wildlands needs to check and verify the AB and Mitigation Plan stream lengths and credits and explain any deviations. o (Wildlands) There is no change in credits from the Mitigation Plan to the As-Built design. There is an increase in 20LF on UT1A because the length was incorrectly calculated for the Mit Plan, but the stream is not credited so the credits remain the same. As stated in footnote 2, internal crossings have been removed from the stream length to calculate the credits. This step is not shown in the table but a total of 320LF is not credited in the crossings. The stream lengths increased 20LF from the Mit Plan (from UT1A) and 10LF was shifted from Firestone Trib R2 to R1. The Mitigation Plan footage = 5,075 LF of credited stream length resulting in 4,846.6 credits (prior to the using the buffer tool); the As-Built footage is 5,095 LF with the same number of credits at 4,846.6. • Wildlands needs to monitor (and describe in the MY1 report) the erosion the left bank of UT2, just upstream of the culvert crossing. • Wildlands needs to monitor (and describe in the MY1 report) the condition of the herbaceous vegetation across the site. • Wildlands will remove the little bit of debris (metal posts and fabric) from the left floodplain of UT3. • The rest of the IRT team will review these minutes and add any comments during the 15-day comment period (Aug 16-30, 2023). The minutes will be included and addressed in the MY1 report.