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HomeMy WebLinkAbout20181383 Ver 1_IRT Site Visit_20181102EW SOLUTIONS Meeting Notes MEETING: Draft Prospectus IRT Site Visit French Broad 05 UMBI French Broad 06010105; Henderson & Transylvania County, NC Flynn Branch, Folly Branch and Tarkiln Branch DATE: Tuesday, October 2, 2018, 7:30 a.m. to 5:30 p.m. LOCATION: 1061 Hutch Mountain Rd Fletcher, NC Folly Rd, Crab Creek, NC Catheys Creek Rd, Brevard, NC Flynn Branch Attendees Todd Tugwell — USACE Andrea Leslie — NCWRC Kim Browning —USACE Steven Kichefski — USACE Mac Haupt— NCDEQ— DWR Byron Hamstead — USFWS Steve Melton — EW Solutions/Equinox — Project Manager Grant Ginn — Stantec — Designer Materials • EW Solutions, LLC Draft Prospectus dated September 14, 2018 Meeting Notes 1. Introduction to the site was given at a meeting place off of Hutch Mountain road. The introduction to the site was given by Steve Melton, who referred to the Draft Prospectus for reference. 2. The site visit was started in the lower reaches near Hutch Mountain Road, proceeding upstream to the upper reaches. 3. There was discussion about and agreement upon Enhancement 2 (mitigation ratio of 2.5:1) being conducted on Flynn Branch Reach 2 instead of Enhancement 1 as presented. 4. There was also discussion about and agreement upon Enhancement 2 (mitigation ratio of 2.5:1) on both UT 1 and UT2. 5. It was discussed and agreed upon that Restoration should be conducted on Fender Branch and Flynn Branch Reach 1. 6. There was discussion about and agreement that the BMP on UT1 would not be implemented. 7. The IRT asked if the landowner would be amendable to wider riparian buffers. This would be unlikely based on prior discussions with the landowner and current land use. EW Solutions ("EWS") will clarify with landowner. 8. The IRT would like to see the adjacent downstream landowner could be added to the site to pick up the section of impaired stream between the site and the confluence with Hoopers Creek. EW Solutions will continue landowner negotiation to add this to this site. The IRT believes that this would greatly enhance the site. 9. There was discussion that Conserving Carolina ("CC") will hold the easement in perpetuity. This property falls within CC's service area; the Land Trust Accreditation Commission considers CC to be an accredited land trust. EW Solutions will provide a Stewardship Fund and a Legal Defense Fund for CC - the IRT requested information on how those funds will be held. 10. All stream calls and wetland determinations will be verified by the appropriate agencies. EWS will coordinate with the appropriate USACE staff to schedule the verifications. 7 Mir1 F.V�i6L lie, L L I I\, dr Mai .�•- "}: lop ♦ ♦� 5i I 'i :� N � • i MY M I ' } It 3• . w �yi •'4 •� ' dry •. JL ;� 3 .� � ,meq+ �'• -L ,� rJr # , i �' ` � ML r� Figure 9c. Conceptual Map Flynn Branch Site French Broad River Umbrella Mitigation Bank French Broad River (06010105) 0 185 370 5 enter for Geographic Information & Analysis N W E 740 m Feet S OProject Parcels Proposed Easement Proposed Crossing Restoration Type Restoration Enhancement I � _ '{ r� Enhancement II f � Alp • i� ` f � - •i fi f 7 Mir1 F.V�i6L lie, L L I I\, dr Mai .�•- "}: lop ♦ ♦� 5i I 'i :� N � • i MY M I ' } It 3• . w �yi •'4 •� ' dry •. JL ;� 3 .� � ,meq+ �'• -L ,� rJr # , i �' ` � ML r� Figure 9c. Conceptual Map Flynn Branch Site French Broad River Umbrella Mitigation Bank French Broad River (06010105) 0 185 370 5 enter for Geographic Information & Analysis N W E 740 m Feet S Folly Branch Attendees Todd Tugwell — USACE Andrea Leslie — NCWRC Kim Browning —USACE Steven Kichefski — USACE Mac Haupt— NCDEQ— DWR Byron Hamstead — USFWS Steve Melton — EW Solutions/Equinox — Project Manager Owen Carson — Equinox Materials • EW Solutions, LLC Draft Prospectus dated September 14, 2018 Meeting Notes 1. Introduction to the site was given at a meeting place off of Folly Road. The introduction to the site was given by Steve Melton and Owen Carson, who referred to the Draft Prospectus for reference. 2. The site visit was started at the downstream -most point of Folly Creek as it occurs on the site. The group walked up the mainstem of Folly Creek, observing and discussing its condition and that of numerous tributary streams and interspersed wetlands encountered along the way. The site visit was concluded at a known green salamander site in the uplands surrounding a tributary to Folly Creek. 3. There was discussion regarding the nature of some of the upper reaches of streams to exhibit perennial flow from springhead then subsurface flow in some downstream segments. The Corps will provide guidance on these segments during the JD process. 4. There was discussion about and agreement upon the permanent closure of the soil road entering the easement; it shall be open only to foot traffic. 5. There was discussion about credit ratios of 5:1 on all interior streams and a 7.5:1 ratio on the road -adjacent tributary. 6. Equinox and USFWS will continue to survey suitable habitat areas across the site for listed species, including the threatened small whorled pogonia. Equinox will also perform more extensive surveys across the site, to include benthic macroinvertebrate sampling, fish sampling, stream delineation, and related natural resource inventories. 7. It was noted that the protection of the entire tract and its containing streams was a significant feature of the site, and represents a true watershed approach to preservation -only mitigation. 8. The IRT and EWS do no foresee the necessity for any changes to the USACE easement that will protect the site. 9. There was discussion that CC will hold the easement in perpetuity. This property falls within CC's service area; the Land Trust Accreditation Commission considers CC to be an accredited land EW SOLUTIONS trust. EW Solutions will provide a Stewardship Fund and a Legal Defense Fund for CC - the IRT requested information on how those funds will be held. 10. All stream calls and wetland determinations will be verified by the appropriate agencies. EWS will coordinate with the appropriate USACE staff to schedule the verifications. Folly Creek Proposed Easement Access Road (Permanent Closure Proposed) " �j Stream Preservation (5:1 Credit Ratio) Stream Preservation (7.5:1 Credit Ratio) T 4r S Figure 9a. Conceptual Map Folly Creek Site EW French Broad River Umbrella Mitigation Bank French Broad River (06010105) 0 750 1,500 3,000 oOLUTIONS Feet NCKC!remier forlGeo"';grapRic�l'r, N W E S Tarkiln Branch Attendees Todd Tugwell — USACE Andrea Leslie — NCWRC Kim Browning —USACE Steven Kichefski — USACE Mac Haupt— NCDEQ— DWR Byron Hamstead — USFWS Steve Melton — EW Solutions/Equinox — Project Manager Owen Carson — Equinox Joy Fields—Transylvania County Planner, Floodplain Administrator, Watershed Protection Coordinator Materials • EW Solutions, LLC Draft Prospectus dated September 14, 2018 Meeting Notes 1. Introduction to the site was given at the clearing within the northern extent of the tract containing the project, accessible via Cathey's Creek Road. The introduction to the site was given by Steve Melton and Owen Carson, who referred to the Draft Prospectus. 2. During the site introduction there was discussion by and questioning of Joy Fields in regards to the potential for development of the tract, general restrictions associated with the watershed protection ordinance, and the nature of any demonstrable threat to the resources. 3. Ms. Fields indicated the present ability of the owner to develop the property into more than 700 1 -acre lots (assuming each would pass a perc test), and also referenced a separate development in a similar topographic setting where the developers were able to create 2.25 -acre lots that all passed a perc test. Ms. Fields also indicated that the Transylvania County economy has rebounded and that she has received at least three development proposals in the past month. 4. There was discussion regarding the current buffer protections under the ordinance: 10' in instances where the resource is not a trout stream; 25' where trout stream regulations apply; 5. The site visit was started at the downstream -most point of Tarklin Branch as it occurs on the easement area. The group walked a maintained fire road (soil substrate) that follows the mainstem of Tarkiln Branch into the upper reaches of the site; numerous tributary streams and associated culverts were observed along path upstream. One culvert was observed that was not shown on the map in the Draft Prospectus. 6. There was discussion of disjointed segments of stream where perennial surface flow shifts to subsurface flow; some of these subsurface segments show indicators of overland flow. The Corps will provide guidance on these problematic streams during the JD process. 7. There was discussion about and agreement upon the permanent closure of soil roads that are not a part of the main fire road loop (see attached map). 8. There was also discussion of the existing water intake point that feeds the single -occupant home in the bottomlands outside of the easement; there was mention of evaluating the flow rate of the springhead as well as the percent of baseflow that is withdrawn from the stream. 9. There was discussion about credit ratios of 5:1 on all streams within the easement with the exception of the segment of Cathey's Creek that flows along the eastern boundary of the Property, along the road. No credit will be given to that portion of Cathey's Creek because protection on both sides is required to qualify. EWS will protect the stream via easement regardless of receiving credit, as it is important to the protection of tributary streams that flow from the property into Cathey's Creek. 10. Equinox will survey suitable habitat areas across the site for listed species. Equinox will also perform more extensive surveys across the site, to include benthic macroinvertebrate sampling, fish sampling, stream delineation, and related natural resource inventories. 11. It was noted that the protection of nearly the entire tract and its containing streams was a significant feature of the site, and represents a strong watershed approach to preservation -only mitigation. 12. There was discussion about the upland holdout areas and the presumed donation of an easement for that acreage to CC; the IRT requested documentation that it is Mr. Polchow's intent to donate the uplands into a separate easement. The IRT also discussed wanting to understand CC's status as a land trust and the types of easements that they draft for properties. 13. There was discussion that CC will hold the easement in perpetuity. This property falls within CC's service area; the Land Trust Accreditation Commission considers CC to be an accredited land trust. EW Solutions will provide a Stewardship Fund and a Legal Defense Fund for CC - the IRT requested information on how those funds will be held. 14. There was discussion that the landowner will always maintain a caretaker for the Property in order to ensure proper management throughout the future. 15. The IRT and EWS foresee the need for changes to the USACE easement that would speak to long term management strategies and techniques for the property (e.g. prescribed fire, road maintenance, drinking water withdrawals) to ensure that future management will have no negative effect on water quality. 16. All stream calls and wetland determinations will be verified by the appropriate agencies. EWS will coordinate with the appropriate USACE staff to schedule the verifications. EW SOLUTIONS Figure 9b. Conceptual Map Tarkiln Branch Site French Broad River Umbrella Mitigation Bank French Broad River (06010105) 750 1,500 3,000 = Feet N W E s