20180196 Ver 1_USACE eApproval Letter_20190712

Strickland, Bev
From:
Browning, Kimberly D CIV USARMY CESAW (US)
<[e-mail]>
Sent:
Friday, July 12, 2019 10:13 AM
To:
Baumgartner, Tim
Cc:
[e-mail]; Schaffer, Jeff, Tugwell, Todd J CIV USARMY CESAW
(US); Haupt, Mac; Davis, Erin B; Matthews, Monte K CIV USARMY CESAW (US); Wicker,
Henry M Jr CIV USARMY CESAW (US); McLendon, C S CIV USARMY CESAW (US);
Wilson, Travis W.; [e-mail]; Bowers, Todd; Twyla Cheatwood;
Merritt, Katie; Sullivan, Roscoe L III CIV (US); Gibby, Jean B CIV USARMY CESAW (USA);
Wells, Emily N
Subject:
[External] eApproval Letter NCDMS Catfish Pond Site/ Durham County/
SAW -2018-00424 (UNCLASSIFIED)
Attachments:
Draft Mit Plan Comment Memo -Catfish Pond_SAW-2018-00424.pdf; eApproval
Letter -Catfish Pond SAW-2018-00424.pdf
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CLASSIFICATION: UNCLASSIFIED
Mr. Baumgartner,
Attached is the Catfish Pond Draft Mitigation Plan approval letter and copies of all comments generated during the
project review. Please note that this letter approves the Draft Mitigation Plan provided that the Final Mitigation Plan
adequately addresses all comments on the attached memo. Please provide a copy of the Final Mitigation Plan when you
submit the Pre -Construction Notice for the NWP 27. If no permit is required to construct the project, please submit a
copy of the Final Mitigation Plan to our office at least 30 days prior to beginning construction. Also, please ensure that a
copy of the Final Mitigation Plan is posted to the NCDMS project documents so that all members of the IRT have access
to the Final plan.
Please let me know if you have any questions about the process or the attached letter.
Thanks,
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60
BUILDING STRONG (r)
CLASSIFICATION: UNCLASSIFIED

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
CESAW-RG/Browning
MEMORANDUM FOR RECORD
June 26, 2019
SUBJECT: Catfish Pond Mitigation Site - 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(g) of the 2008 Mitigation Rule.
NCDMS Project Name: Catfish Mitigation Site, Durham County, NC
USACE AID#: SAW -2018-00424
NCDMS #: 100039
30 -Day Comment Deadline: June 12, 2019
Mac Haupt, NCD WR:
1. DWR would prefer the PJD/JD be complete by the draft Mitigation Plan review stage, however, we realize
sometimes the PJD does not get finalized until the permit review stage. If this is the case, the applicant
must realize further changes may be recommended to the Mitigation Plan at this late stage, and until said
changes are documented, the permit review cannot proceed.
2. Section 6.3- the text refers to "small wetland features along most of the Catfish Pond streams", DWR
believes that the wetlands on site make up a rather significant portion of the total easement (16%).
3. Section 8.4.5- While a lower design discharge may have been utilized for the channels adjacent to the
wetlands on Reach UTI, DWR will still require the installation of several gauges along this reach to
document maintenance of wetland hydrology and increased overbank flooding.
4. Table 16- please revise the table to incorporate wetland monitoring gauges. In addition, DWR
recommends these gauges be downloaded at least quarterly.
5. Table 18- Project Asset Table- During the site visit there were discussions of the appropriate enhancement
ratio of several tributaries, namely; Catfish R1 -R3, UT2 and the Mountain Tributary. The discussion was
mainly based on less evidence of cattle usage in these areas. Table 13 lists cattle access as the primary
source of stressor/impairment. At the wrap up discussion, DWR pointed out the desire to include some
wetland areas adjacent to UTI Reach 1. DWR was willing to accept the E2 ratios for the above reaches
if the Provider agreed to protect the wetland areas and drainages that were currently not included in the
proposed easement. While Wildlands did include a portion of the wetlands that were not initially in the
easement, DWR believes there should have been more wetland areas included in this area.
6. Wildlands April 23, 2019 letter to Jeff Schaffer- A Terracell was mentioned in comment #27. During
review of Design Sheet 0.2 DWR did not see a mention of Terracell, please confirm that a Terracell will
not be used on this project.

7. Design Sheet 2.10- DWR could like to see a design sheet that shows all the newly captured wetland area
adjacent to UT 1.
8. DWR requires that three wetland monitoring gauges be placed at the following locations on UTI; station
212+00 stream right, station 213+25 stream right, and station 215+00 stream right.
9. DWR recommends the addition of a vegetation plot (fixed or random) in the planted areas along the
following reaches: Catfish Reach 3, Catfish Reach 7, and the Mountain Tributary.
10. Design Sheet 6.3- DWR recommends that the log sills extend at least through the bankfull elevation in the
streambank (section A -A'), and preferably 2-3 feet beyond the bankfull point.
Katie Merritt, NCDWR:
General comments:
1. A concept plan is provided on Figure 8. Please revise this plan to show where buffer mitigation and/or
nutrient offset are also being generated.
2. IRT field notes 2/23/18 stated that the field ditch along UTI near Reach 2 would be buffered and would
eliminate the need for a BMP to control runoff. This plan doesn't show the Ditch being buffered all the
way up and there is no proposal for a BMP. Please explain how diffused flow of runoff through the newly
restored riparian area is to be maintained by the inclusion of this ditch.
3. Section 4.1 —
a. USFWS had concerns about sediment impacts from this site on aquatic species. Please indicate
how sediment impacts to the stream will be prevented during construction.
b. WRC letter dated 3/21/18 requested biodegradable erosion control measures that are wildlife
friendly. Explain how this request is being acknowledged.
Kim Browning, USACE:
1. Plan Sheet 2.12: Is inserted upside down, and it states that the reach -wide treatments include fencing,
treating invasives, supplemental buffer planting, and spot repair on eroded banks, but it appears that PI
restoration is planned on this reach (UTI Reaches 2 and 3). Please justify why this is restoration at 1:1 if
restoration is not actually planned, or correct the treatments statement.
2. Plan Sheet 5.0: The list of planned species to be planted is not legible.
3. Section 5.1, Hydrology: This section states that hydrology function is expected to remain functioning,
though restoration on UTI reach 2 and on Catfish Creek reach 4 will impact existing wetlands. Though
wetland credits are not being sought on this project, and it's anticipated that raising the streambed will
improve adjacent hydrology, please provide assurance that wetland function in these areas will not be lost
by installing monitoring gauges.
4. Section 5.2: The narrative states that UTI R4 and Catfish Creek R7 are fully functioning. If this is the
case, what is the functional uplift?
5. Section 8.3.1: Please explain how the dam removal will be treated, and how the pond bottom sediment
will be handled.
6. Section 9.2: Please add a vigor standard of 7 feet for year 5.
7. The letter from the NCWRC mentions the possible presence of rare aquatic species. Please coordinate
with Dr. Tyler Black prior to project commencement.
8. The letter from the USFWS requested an approved erosion and sediment control plan. Please provide in
the final mitigation plan.
BROWNING.KIM Digitally signed by
BROWN INGXIMBERLY.
BERLY.DANIELL DANIELLE.1527683510
E.1527683510 Date: 2019.06.27
09:23:02 -04'00'
Kim Browning
Mitigation Project Manager
Regulatory Division

Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 12, 2019
Re: NCIRT Review and USACE Approval of the Catfish Pond Mitigation Plan; SAW -2018-00424;
NCDMS Project # 100039
Mr. Tim Baumgartner
North Carolina Ecosystem Enhancement Program
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 Catfish Pond Mitigation Plan, which closed on June 12, 2019. These
comments are attached for your review.
Based on our review of these comments, 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 any questions regarding this
letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at
919-554-4884, ext 60.
Sincerely,
BROWNING.KIMBER Digitally signed by
LY.DANIELLE.15Z768 BROWNING.KIMBERLY.DANIELLE.
1527683510
3 510 Date: 2019.07.12 10:04:37 -04'00'
Kim Browning
Mitigation Project Manager
for Henry Wicker
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
Jeff Schaffer – NCDMS
Shawn Wilkerson—WEI