20161200 Ver 1_Draft Mitigation Plan Review_20190726

Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (US)
<[e-mail]>
Sent: Friday, July 26, 2019 9:40 AM
To: Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haupt, Mac; Davis, Erin B;
Wilson, Travis W.; Merritt, Katie; [e-mail]; Wells, Emily N; Bowers,
Todd; Williams, Andrew E CIV USARMY CESAD (USA); Gibby, Jean B CIV USARMY
CESAW (USA)
Cc: Allen, Melonie
Subject: [External] Notice of NCDMS Draft Mitigation Plan Review/ Millstone Creek Site /
Randolph County/ SAW -2019-01363 (UNCLASSIFIED)
Attachments: Millstone Prospectus.pdf, NCIRT Mitigation Plan Review Process for NCDMS Projects
20180228.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
CLASSIFICATION: UNCLASSIFIED
Good morning folks,
The below referenced Draft Mitigation Plan has been posted by NCDMS on the Draft Mitigation Plan Review section of
the DMS & IRT SharePoint Site. Per Section 332.8(g) of the 2008 Mitigation Rule, this review period will remain open for
30 calendar days from this email notification. Please post comments by 5 PM on the 30 -day comment deadline shown
below. When posting comments please indicate if your concerns are great enough that you intend to initiate the
Dispute Resolution Process described in Section 332.8(3) of the Mitigation Rule. Comments posted after the 30 -day
comment deadline (shown below) may not be considered. This comment period may be extended at the request of
NCDMS if they determine that additional time is necessary to make changes to the Draft Mitigation Plan. Please note
that NCDMS may post responses to the comments on the SharePoint site as well.
At the conclusion of this comment period, a copy of all comments will be provided to NCDMS and the NCIRT of the
District Engineer's intent to approve or disapprove this project. More information, including instructions to access and
use the SharePoint Site, and a flow chart detailing the process are included in the document attached to this email
notice.
NCDMS & IRT SharePoint Site Address: https://ncconnect.sharepoint.com/sites/deq_ext/dwm_irt/default.aspx
The Millstone Creek (Ken Cox) Mitigation Plan is ready for IRT review and approval. This DBB project was instituted on
5/22/2006.
Project information is as follows:
Millstone Creek (Ken Cox)
DMS Project # 204
Institution Date: 5/22/2006
Cape Fear River Basin
Cataloging Unit 03030003
Randolph, North Carolina
USACE Action ID #: SAW -2019-01363

DW R#: 20161200
Proposed Mitigation Plan Assets: 3,647 SMUs/ 1.181 WMUs
NCDEQ- DMS Project Manager: Melonie Allen, Allen, Melonie <[e-mail]>, [phone]
The full Mitigation Plan has been uploaded to the NCDEQ SharePoint Mitigation Plan Review page and can be accessed
here:
https://ncconnect.sharepoint.com/sites/deq_ext/dwm_irt/IRT%20Upload/20Documents/20Here/Forms/AIIitems.aspx
?id=%2Fsites%2Fdeq 5Fext%2Fdwm5Firt%2FIRT%20Upload%20Documents%20Here%2FMillstone%20Creek
30 -Day Comment Start Date: July 26, 2019
30 -Day Comment Deadline: August 25, 2019
60 -Day Intent to Approve Deadline: September 24, 2019
***NOTE: It looks like we haven't visited this site since 2011. 1 assume we'll want to visit this during the review period
threw out a few dates to Melonie (August 19-21), so let me know if you'd like to do a site visit and propose a date of
those don't work for you. I attached the prospectus document from 2016 as well for your information. It looks like this
project was done with NCSU (DBB).
Please contact the Wilmington District Mitigation Office if you have questions.
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

Integrating Regenerative Stormwater Conveyance into Millstone Creek Mitigation Site Design
Millstone Creek (Ken Cox) is a Division of Mitigation Services (DMS) mitigation site located in Randolph
County in the Cape Fear 0300303 Hydrologic Unit Code. The project site is protected by an 18.8 -acre
conservation easement and is comprised of 2,010 linear feet of Millstone Creek and two unnamed
tributaries to Millstone Creek identified as Ut to Millstone (1,238 linear feet) and North Branch (405
linear feet). Millstone Creek and North Branch are currently both perennial streams for their entire
project lengths. Ut to Millstone Creek is intermittent for the first 100 linear feet. Millstone Creek's
drainage area at the downstream end of the project is 8.1 square miles. Both tributaries have drainage
areas of 0.041 square miles above the confluence; the drainage area of Ut Millstone below the
confluence is 0.089 square miles. The watershed is rural, with over 50% of the watershed zoned as rural
agricultural. The project is located on a working cattle and hog farm with a nutrient management plan in
place. The project reaches are surrounded by active cattle pasture. The pastures are subjected to
additional nutrient inputs from spray applied hog lagoon waste.
DMS identified the two tributaries to Millstone Creek as suitable candidates for regenerative
stormwater conveyance (RSC). Ut to Millstone and the North Branch begin at head cuts of
approximately 8 and 10 feet respectively and are vertically contained, incised, and lack an adequate
riparian buffer. DMS surmised that nutrient inputs from grazing cattle and applied hog waste in
conjunction with sediment inputs resulting from both fluvial processes and hoof shear from cattle
grazing negatively impacted both water quality and aquatic habitat on these reaches. The affects of
these stressors is exacerbated by lack of floodplain access. DMS is proposing to exclude cattle on all
project reaches, plant the buffer zones with native hardwood species, rehabilitate Millstone Creek, and
implement regenerative stormwater conveyance on the upper reaches of Ut to Millstone and the North
Branch. RSC will address these stressors by stabilizing the tributaries, conveying base flow and
stormflow through a series of constructed step pools thereby extending time of resonance, enhancing
infiltration, and concurrently ameliorating nutrient inputs through the use of carbon rich media in these
pools to promote nutrient cycling.
DMS has contracted with NCSU-BAE for preconstruction monitoring and design services for Millstone
Creek. DMS is funding and collaborating with NCSU on data collection and design to avail the program to
the best available design techniques and to foster much needed research focused on RSC design and
efficacy. The practice of RSC has been implemented in states such as Maryland, and more recently in
North Carolina; however, there is little published on nutrient reduction efficacy associated with RSC. The
use of this typically urban retro fit on stream channels with rural catchments is also novel. DMS scoped
NCSU-BAE to instrument the site, collect, and analyze pre -construction water quality and microbenthic
survey data. Stage -discharge ratings are being developed for the main stem and tributaries. A paired
watershed design approach is being used to characterize nutrient inputs on both tributaries. Surface
water monitoring stations have been installed just upstream of the confluence on Ut to Millstone and
North Branch. Composite samples of base flow and stormflow discharge are being collected bi-monthly
and analyzed for total Kjeldahl nitrogen, ammonia -N, nitrate and nitrite N, total phosphorus, and total
suspended solids. Groundwater wells have been installed at transects adjacent to each tributary to
characterize groundwater flow and temperature. A subset of these wells are equipped with pressure
transducers to enable continuous water level measurements; these wells are also periodically bailed and

sampled for nutrient analysis as described above with the exception of TSS. Baseline habitat assessment
has been completed in the upstream reaches of both tributaries as well as downstream of the
confluence of the tributaries. Figure 1 defines the project extent and monitoring station locations.
Surface water sampling began in August of 2014, groundwater sampling began in October of 2014 and
microbenthic sampling has been completed in both the fall and spring between 2014 and 2016. All
sampling is ongoing, the results presented in Table 2 below are interim. Elevated levels of TSS were
reported for both tributaries with 62% of the total TSS occurring during a single sample event after two
storm events; 55% of TP reported is also associated with the same post storm sample. With little to no
erosion evidenced in the vegetated upland pastures, the likely source of the sediment are stream banks.
Elevated levels of nitrogen were also reported on both tributaries. Groundwater well data also indicated
elevated levels of NOx, particularly in stream side groundwater wells, indicating little to no
denitrification occurring via the existing buffer as the current channel elevations are below the rooting
depths in most locations along upper reaches of both tributaries. This preliminary data indicates that
regenerative stormwater conveyance would be effective at addressing site stressors.
Table 2. Millstone Creek Total (base flow + stormflow) Discharge and Pollutant Loads
Reach Discharge Q/rain TKN Nox-N NH3-N TN TP TSS
mm Kg/ha-yr
Ut Millstone 192 0.19 5.33
6.99
0.57
12.32
1.23
771
North Branch 199 0.22 3.19
11.78
0.42
14.97
0.66
240
Water Quality and aquatic habitat will also be addressed through the rehabilitation of Millstone Creek
and Ut Millstone downstream of the regenerative stormwater conveyance. Localized bank instability will
be addressed by affecting stream geometry where necessary and utilizing vegetative and woody
materials to stabilize meander bends. Inner berms and floodplain benching will provide sediment
storage and flood flow attenuation. The use of woody debris in riffles, brush toe and cover logs in pools
and the incorporation of wood structures to induce bedform diversity and protect banks will increase in -
stream carbon and promote diversity of aquatic habitat. Vegetated localized depressions in the
floodplain will be expanded to retain storm flow, enhancing nutrient cycling. A conceptual plan view of
the Millstone Design, Figure 2 has been included for review.

Figure 1.

Figure 2.
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CESAW-RG/Tugwell
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
SUBJECT: NCIRT Mitigation Plan Review Process for NCDMS Projects
From: Todd Tugwell, USACE Wilmington District NCIRT Chair
February 28, 2018
To: North Carolina Interagency Review Team and North Carolina Division of Mitigation Services
As the chair of the North Carolina Interagency Review Team (NCIRT), the U.S. Army Corps of Engineers
Wilmington District (District) is required by the 2008 Final Mitigation Rule to provide the NCIRT with an
opportunity to comment on proposed mitigation plans. In order to achieve this review for all North Carolina
Division of Mitigation Services (NCDMS) projects instituted after the approval of their new instrument (July 28,
2010), a Mitigation Plan Review section has been established on NCDMS's SharePoint site. This process has been
set up to comply with the timeframes established in 33 CFR Section 332.8(g)(2) of the Mitigation Rule, which
explains the Streamlined Review Process. Review of proposed mitigation plans will now precede NCDMS's
submittal of permit applications, which will allow the District and NCIRT to comment on and, if necessary, modify
mitigation plans before permits are issued. This process will be routinely updated to include improvements and
comply with changes in the regulations. (Please note that an additional review may be conducted by the NC
Division of Water Resources (NCDWR), who is the lead agency and NCIRT co-chair for all projects that
also propose mitigation for state buffer or nutrient rules or mitigation related solely to Section 401 of the Clean
Water Act.)
For all Draft and Final Mitigation Plan and PCN submittals, NCDMS will submit a paper copy of the mitigation plan
and PCN, and a digital copy (disc containing PDF files of all materials) to the Wilmington District Mitigation Office
and the appropriate District Field Office county representative (available on the Wilmington District website
at http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Contact). Paper and electronic copies
should also be provided to the appropriate NCDWR Office, as specified by NCDWR.
The following procedure has been set up for NCIRT review and comment for proposed NCDMS Mitigation Plans:
1. Obtain access to the IRT SharePoint site. In order to gain access to the site, you must contact Lindsay Crocker
with NCDMS by e-mail ([e-mail]) or by phone [phone]) to request an invitation.
2. Once you receive the e-mail invitation, click on the link provided to access the homepage. You must set up a
Microsoft account using the same e-mail address where you received the invitation. If you have designated
others to comment on mitigation plans, they must also contact NCDMS so they can gain access to
the site. Please provide the Corps with a list of all individuals designated to review plans as we have
established email distribution lists for different regions/counties. Lastly, if you do not want to
continue to receive these emails, please let us know and we will remove your name from the distribution
lists.

3. Once NCDMS is ready to begin the review of a Draft Mitigation Plan, they will email the District Mitigation
Office that a plan has been posted for review, and send a paper copy and a digital copy (pdf) of the plan to
the mitigation office. Once the paper copy has been received, we will send out an email to all NCIRT
members (using regional distribution lists) that a plan is available for download from the portal, with
instructions and timeframes for conducting the review. A flow chart detailing this process is attached.
4. The address for the IRT SharePoint site is:
https://ncconnect.sharepoint.com/sites/deg ext/dwm in/default.aspx
A. Draft Mitigation Plans will be posted on the left side of this page. Clicking on the file beside the name of
the plan will open anew page under Draft Mitigation Plan Review where you will seethe mitigation plan and
a word document. Click on the mitigation plan pdf to access the plan for viewing or printing. The plan
may also be downloaded and saved.
B. Once you have completed your review, click on the word document to post comments. Click on edit
document to open the document. You may choose to edit in Word or in your browser. Please
remember to include the date, agency name, and your name with your comments.
C. You may also choose to upload a document with your comments under the Draft Mitigation Plan Review
section. Uploaded documents should be titled to indicate the contents and author.
D. NCDMS may post responses to comments on this page, so if you post a comment you should check back for a
response from NCDMS. The responses from NCDMS that get posted on the portal will be coordinated so that
only certain individuals will post response (e.g., NCDMS Project Mangers). This is necessary to provide
consistency and reduce the number of posts for a given project.
E. This site will list multiple Draft Mitigation Plans at any given time, but plans may be removed once the
comment period is complete or a plan has been withdrawn. Final Mitigation Plans will be posted on
NCDMS's documents page. A link, entitled "Project Documents" has been added to the NCDMS webpage
at https://deg.nc.gov/about/divisions/mitigation-services/dms-projects. Click on DMS project documents
to open the excel file with links to project plans and monitoring reports.
5. Reviewers will have 30 days to review the Draft Mitigation Plan and post comments. An extension to this
timeframe may be requested by NCDMS if they or their providers need more time to accommodate necessary
changes to the Draft Mitigation Plan based on comments they have received. Additionally, NCIRT members
may also request an extension to this timeframe, but NCIRT extension requests must be approved by the
District Mitigation Office in consultation with NCDMS. The review period may be extended to accommodate
office or on-site meetings necessary to address concerns of NCIRT members. Time extensions will generally be
limited in an effort to ensure that delays in reviewing Draft Mitigation Plans are minimized.
Posted comments will be immediately available on the SharePoint site to both the NCDMS and all NCIRT
members. We will attempt to resolve minor issues within the 30 -day process if at all possible. NCDMS may
also post comments on the SharePoint site to address certain concerns/comments or to commit to addressing
concerns in the Final Mitigation Plan. NCDMS may choose to withdraw Draft Mitigation Plans from the
SharePoint site based on comments received during the 30 -day comment period. Any withdrawn mitigation
plans must restart the review process from the beginning. If plans are withdrawn by NCDMS, we will notify
the NCIRT that the mitigation plan is no longer available for comment.

Please note that the posted Draft Mitigation Plan will not necessarily be updated to reflect changes based
on the comments, so be sure to review comments made by other NCIRT members and by NCDMS to see if
an issue has already been addressed. Also, if you have a concern regarding a project that is serious enough
that you would consider initiating the Dispute Resolution Process described in Section 332.8(e) of the
Mitigation Rule, please be sure to state this in your comment. Comments should be made only by specific
individuals identified by the NCIRT members to conduct these reviews on behalf of their agency. This is
critical to keep the process moving and to keep agency comments consistent. If there are others who you
would like to comment on a particular plan, please let us know. PLEASE DO NOT SEND THESE EMAILS OUT
TO OTHERS IN YOUR AGENCY FOR THEM TO MAKE COMMENT WITHOUT FIRST DISCUSSING THIS WITH US.
COMMENTS COMING FROM PEOPLE WHO ARE NOT DESIGNATED AS THE NCIRT REPRESENTATIVE FOR THEIR
AGENCY MAY NOT BE CONSIDERED.
6. At the end of the 30 -day comment process (or the end of the extension) and within 60 days of sending out
the initial email beginning the review, we will review the comments and provide the NCIRT members with a
notice of our intent to approve or disapprove the mitigation plan. NCDMS will be copied with this notice.
Once we have notified the NCIRT of our intent to approve or disapprove a project, NCDMS may not
withdraw plans from this process without starting the review from the beginning.
7. If the NCIRT reviewing agencies choose to do so, they may notify us (District Mitigation Office) that they are
initiating the dispute resolution process. We must receive this notification within 15 days from the date of
our notice of intent to approve or disapprove a project. This process is intended to address major concerns
with mitigation plans, and can only be initiated by a letter from senior official of the agency. Please do not
initiate this process without trying to resolve concerns during the 30 -day comment period first — this is not
intended to be procedure used to extend the review process or address minor concerns. If the dispute
resolution process is initiated during this step, we will follow the procedures outlined in Section 332.8(e) of
the Mitigation Rule, in which case the following steps will be delayed until the resolution of this process.
8. At the end of the 15 -day dispute resolution notification period (or following the completion of the dispute
resolution process), we will provide NCDMS with notice of approval or disapproval of the mitigation plan,
with a copy provided to all NCIRT members. This notice will include all comments generated during the 30 -
day comment period, and it will identify all issues that must be addressed in the Final Mitigation Plan. Any
major issues that were not resolved during the comment process may lead to disapproval. If a project is
disapproved, the issues or concerns will have to be addressed and the project must be resubmitted for
review, starting the process over.
9. NCDMS coordinates with the mitigation provider to finalize the mitigation plan and incorporate the
comments/concerns.
10. NCDMS submits the Nationwide Permit (NWP) 27 Preconstruction Notification Application (PCN) application
along with the Final Mitigation Plan to the District mitigation office and NCDWR (and DCM if appropriate) for
404/401/CAMA approval. If it is determined that the project does not require a Department of the Army
permit, NCDMS must still provide a copy of the Final Mitigation Plan, along with a copy of the approval
letter, to the District mitigation office at least 30 days in advance of beginning construction of the project.
The following apply to permit applications submitted for NCDMS projects:
A. NCDMS must be listed as the permit applicant.
B. Full -delivery providers or contracted design firms maybe listed as authorized agents.
C. The application and mitigation plan will be submitted by NCDMS, not the providers.

D. The permit application must include a copy of the Final Mitigation Plan and a copy of the mitigation plan
approval letter identifying all the required modifications to the mitigation plan, including references to
where the comment responses are addressed in the mitigation plan (page number and paragraph or
figure). Failure to include the approval letter will result in the permit application being returned to
NCDMS.
E. District review will focus primarily on the applicability of NWP 27. This review will also verify that any
comments provided in the approval letter are addressed in the Final Mitigation Plan, which is why it is
critical to identify the location that comments are addressed in the mitigation plan. Failure to adequately
address concerns included in the approval letter may result in a delay in the issuance of the NWP 27 until
those concerns are adequately addressed, or the inclusion of permit conditions in the permit
authorization to address the stated concerns.
11. NWP 27 authorization is verified; project construction can begin. NCDMS is responsible for ensuring
compliance with the permit conditions, including returning the Post -Construction Compliance Form
(attached to the permit) at the completion of the authorized work.
Approval of the project and/or issuance of the permit authorization does not guarantee that the project will
generate the requested amount of mitigation credit. Unforeseen issues may arise during construction or
monitoring of the project may require maintenance and may lead to changes in the credit amounts proposed
in the mitigation plan.
For questions regarding this process, please contact the District Mitigation Office. Contact information is below:
Contact Todd Tugwell at [phone] extension 58 or by e-mail to [e-mail]
Contact Andrea Hughes at [phone] extension 59 or by e-mail to [e-mail]
Contact Kim Browning at [phone] extension 60 or by e-mail to [e-mail]

Mitigation Comment & Approval
Streamlined Review Process, 33 CFR 332.8(g)(2,
START
DMS posts mitigation plan to sharepoint,
provides paper copy to USACE/DWR
DMS emails notification to District
DMS withdraws Engineer and provides link for review
project from review
process to address
comments �
DE forwards email to IRT and USACE
county PMs
Yes IRT reviews mitigation plan and
posts comments on SharePoint
Do IRT members
identify serious DE reviews comments and attempts to
concerns with resolve concerns with DMS
mitigation plan? �__
O—> DE notifies IRT & DMS of Intent to
Approve or Disapprove
Process
Start of 60 days
DMS modifies
project to address
comments
Within 30 days of receipt
of email from DE
DE may extend
timeline per DMS o
IRT reauest
Within 60 days of email YeS
notification to DE, unless
extension is granted
Within 15 days of DE
notification of intent to
approve/disapprove
Do
Proceed with dispute
RT members initiate
Yes—► resolution process per 33
dispute resolution
CFR 332.8(e)*
process?
DMS decides
whether to
Does DE
N
Approve?
revise and
No
resubmit project
Yes
Does DE
DMS Completes MitigationDDWR
Approve.
Yeses Comment Process & Sends
NO
Application to USACE and/or
No
February 28, 2018 Revisions
Mitigation Plan Comment Process
End of Process
FID. IMP.PR0.01.01.01 Page 1 of 1
* DE must be
notified by letter from a senior official of the agency represented on the
Owner: 06/29/2011
IRT within 15
days of receipt of DE's notification of intent to approve the modification
Jurek, Jeff Rev. 0
per 33 CFR 332.8(e)