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Home My WebLink About20171584 Ver 1_Response to Agency Comments_20190621W WILDLANDS ENGINEERING June 21, 2019 Mr. Steve Kichefski US Army Corps of Engineers — Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28806-5006 RE: Dugger Creek Mitigation Site Yadkin Valley Umbrella Mitigation Bank Response to USACE and NCDWR Mitigation Plan Review Comments USACE #: SAW -2017-01918 Dear Mr. Kichefski Wildlands Engineering, Inc. (Wildlands) has reviewed the USACE and NCDWR May 29, 2019 comments from the Dugger Creek Mitigation Site Plan package submitted December 12, 2018. The following responses to USACE and NCDWR comments (in italics) are noted below. DWR comments on the Draft Dugger Creek Mitigation Plan March 4, 2019 1. Be advised that to utilize this bank, DWR needs to have a restoration credit paired with preservation credit. In addition, in the near future (when new rules are approved by the legislature), new DWR rules will state that no more than 25% of preservation can be used for mitigation for a permit/project. Wildlands understands that permittees will have to comply with all DWR rules and regulations regarding mitigation for impacts. Wildlands has 4 bank sites in the UMBI with plenty of corresponding restoration credits. 2. Crossings: From Table 11 it appears no improvements are being planned for any of the noted crossings (with the exception of some hand work on crossing #11). From the photos in Appendix H crossings 3, 4, and 5 appear to be in less than optimal condition. Also, the inlet structure near crossing 14 appears to be in need of maintenance (dipping out??). DWR requests that WEI consider optimizing any culvert crossings that are not fully functional or will receive more vehicular traffic. Wildlands has minimized the number of crossings (14) necessary to maintain safe access to remote sections of the site for emergencies and monitoring of the easement. Vehicular traffic will be minimal on these roads. Wildlands has also adjusted the proposed credit ratios to 10:1 along streams where access roads and crossings are located. Wildlands does not agree that additional work is needed on these culvert crossings at this time. If in the future, the long-term steward identifies a significant issue with the crossings, they will coordinate with the property owners on any repairs that are needed. All appropriate permits will be acquired before any repairs are performed. 3. DWR concurs with the majority of the preservation ratios, except for the mainstem of Dugger Creek. The mainstem has a trail which runs, for the most part, immediately adjacent (or within 30 feet) to the stream. DWR recommends that the preservation ratio for the mainstem of Dugger Creek be 7.5:1. Wildlands has proposed a 6:1 ratio which is already a reduction from the 5:1 ratio that would be allowed per IRT guidance documents for streams of such high quality with such a large and expansive buffer. The mainstem trail is a footpath/unmaintained lightly used hiking trail only which is in compliance with the USACE conservation easement template. All larger access routes have already been adjusted to a 10:1 ratio. Wildlands does not feel any adjustment in credits beyond the proposed 6:1 ratio is warranted on the mainstem due to the type and condition of the trail. 4. DWR likes the fact that the riparian buffers exceed the minimum required and in many cases goes out well beyond 100-200 feet. In addition, the headwater tributaries and wetlands were captured for the entire watershed. Wildlands agrees that the conservation easement is expansive and a valuable asset to be protected. USACE comments on the Draft Dugger Creek Mitigation Plan: 1. Section 3.0. Table 5 adds up to a different acreage than the 773 acres referenced throughout the draft plan and in the easement document regarding the total acreage preserved. Please explain. Table 5 and all figures have been updated with the correct easement boundary and acreage, based on the final survey prepared by Kee Mapping and Survey for Wildlands. The easement boundary has increased in size from 773 acres to 777 since the draft Mitigation Plan was submitted. 2. Section 7.2: It seems like there's an opportunity to split the credit release schedule into two releases, rather than releasing all credits upfront. Table 11 references the plan to repair two culverts (crossings 4 and 14); 1 would suggest that Wildlands provide the crossing design plans for review prior to the initial credit release, and the Corps will require that 15% of the total preservation credits will be held in abeyance until the sponsor has submitted a post construction report demonstrating successful completion of proposed activities, and confirmation that all signage has been installed. If no culvert repairs are proposed, provide further detail as to why Yadkin Valley Umbrella Mitigation Bank: Dugger Creek Mitigation Plan 2 USACE and NCDWR Comment Response the existing perched culverts (Culverts 4 & 5 in Table 11) should not be corrected. Weren't there some channels with split flow associated with the southern emergency service road? Wildlands has already proposed a reduction in credit ratio from 5:1 to 10:1 in areas where there are culverts and/or access roads and does not agree that it is necessary to adjust the credit release any further for 7,829 linear feet out of 112,495 linear feet of project streams (less than 7% of project streams and less than 5% of mitigation credits). Wildlands agrees to install adequate signage and easement markings, per the proposed Mitigation Plan (Section 9.2) 3. More information is needed in the plan to clarify the future uses of the existing emergency service roads and hiking trails. There is concern that these features could eventually degrade the surrounding resource if they aren't maintained over time or by overusage by recreational off road vehicles or overuse of hiking trails if it were utilized by a larger community. Clarify who will maintain the roads, trails and crossings, how repair needs will be determined and by whom (long term steward?) and how that is funded, so that those features do not degrade the surrounding resource in perpetuity. There appear to be existing gravel roads on Figures 7, 7a -7d close to the project easements that are not depicted with the labels for remaining within or outside the easement. Will these be left to naturalize, removed or continue to be utilized in the future? The trails and access roads will continue to be maintained by the property owners, BR Development, Inc and Dugger Valley Investment Group, LLC. The property owners work with the Blue Ridge Mountain Group to maintain the amenities on their properties and will continue to do so. Unique Places to Save, the long-term steward of the conservation easement, will monitor the roads and trails as part of their annual review and will enforce the repair of any significant impairments with the property owners. Wildlands has modified the figures to include the roads outside the conservation easement area that are scheduled to remain at this time by the property owners. 4. Are there any other long term natural community management needs that should be addressed in the easement/plan, such as communities maintained by fire? There are no other management needs that need to be incorporated into the easement and or mitigation plan other than the access roads, trails, and small shelter identified in the Mitigation Plan. 5. 1 know that a draft easement package for Dugger will be submitted for legal review in the future, but please include a redline version. Shouldn't Article VI Section M refer to conditions described in Section 5 and appendices instead of Section 3? Seems that Article 111 Prohibited and Restricted Activities under F) Roads and Trails and L) Vehicles versus Article Il Grantor's Reserved Rights for Reserved Stream Crossing: vehicular access is allowed, may require more clarification when under legal review and need to match related descriptions within the final mitigation plan, but we'll see Carl's take on it. Additional language to clarify the use and maintenance of the access roads and trails within the conservation easement area has been added and highlighted in the conservation easement document attached. Wildlands would be glad to have a call or meeting with Carl to discuss any concerns or clarifications he might want in the language. Yadkin Valley Umbrella Mitigation Bank: Dugger Creek Mitigation Plan USAGE and NCDWR Comment Response Two (2) hard copies of the Final Mitigation Plan are included. Please contact me at 704-332- 7754 ext. 101 if you have any questions. Sincerely, Ouct� S, L`aL'A"t Andrea S. Eckardt Project Manager aeckardt(&wi Id la ndsena.com CC: Mr. Mac Haupt Stream/Wetland Mitigation Coordinator NCDWR 1617 Mail Service Center Raleigh, NC 27699-1617 Yadkin Valley Umbrella Mitigation Bank: Dugger Creek Mitigation Plan USACE and NCDWR Comment Response