20161200 Ver 1_USACE Notice of Decision to Disapprove_20191001

Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (USA)
<[e-mail]>
Sent: Tuesday, October 01, 2019 4:00 PM
To: Baumgartner, Tim
Cc: Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haupt, Mac; Davis, Erin B;
Wilson, Travis W.; Merritt, Katie; [e-mail]; Bowers, Todd; Williams,
Andrew E CIV USARMY CESAW (USA); Gibby, Jean B CIV USARMY CESAW (USA);
Crumbley, Tyler A CIV USARMY CESAW (USA); McLendon, C S CIV USARMY CESAW
(USA); Barbara A Doll
Subject: [External] Notice of Decision to Disapprove NCDMS Request for Instrument
Modification/ Millstone Creek Site/ Randolph Co./ SAW -2019-01363 (UNCLASSIFIED)
Attachments: Draft Mit Plan Comment Memo -Millstone Creek_SAW-2019-01363.pdf; Disapproval
Letter -Millstone Creek_SAW-2019-01363.pdf
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CLASSIFICATION: UNCLASSIFIED
Mr. Baumgartner,
Attached is the NCDMS Millstone Creek Draft Mitigation Plan disapproval letter and copies of all comments generated
during the draft mitigation plan review. We have reviewed the draft mitigation plan received July 2019, and all
comments received in response to the draft mitigation plan, and a site visit conducted on August 15, 2019. Based on our
review, the mitigation project, as proposed, is missing necessary information in order to perform a full technical review
of the project design; therefore, the potential to provide appropriate compensatory mitigation for activities authorized
by Department of the Army (DA) permits cannot be determined at this time and we cannot recommend that the
mitigation project move forward in the review process.
Please contact me at the number below if you have questions or concerns regarding the attached letter.
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
September 6, 2019
SUBJECT: Millstone Creek Mitigation Site - NCIRT Comments during 30 -day Mitigation Plan Review
PURPOSE: The comments listed below were received during 30 -day comment period in accordance with
Section 332.8(g) of the 2008 Mitigation Rule in response to the Notice of NCDMS Mitigation Plan Review.
NCDMS Project Name: Millstone Creek Site, Randolph County, NC
USACE AID#: SAW -2019-01363
NCDMS #: 204
30 -Day Comment Deadline: August 25, 2019
DWR Comments, Mac Haupt and Erin Davis:
Note: The following comments are based on an initial review of the draft mitigation plan. Comments do not reflect
discussions from the August 15th site visit (e.g. credit ratios, RSC flow risk, wetland boundary) or technical review
of the project design. DWR will provide additional comments after review of the updated draft mitigation plan.
1. Please include page numbers consistently throughout the document.
2. Please review section numbers and update as appropriate (e.g. Section 4.2, Section 10.3.1).
3. Section 2.2 — Thereare three tributaries classified as intermittent based on the completed DWQ field forms.
However, Table 3 identifies the flow regimes as perennial and Section 4.2.1. notes the perennial channels
would likely be intermittent post -restoration. Please update any inconsistencies and include additional
discussion on the existing and proposed/expected flow regimes.
4. Section 3.1.4 — A plant community classification should be included for the wetland area identified in
Figure 9.
5. Section 10. 1.4 — Please change from two to four bankfull events to be documented in separate years during
the seven-year monitoring period.
6. Section 10. 1.6 — Please change the monitoring period from 5 to 7 years in the first sentence.
7. Section 8.5.2 — Please include a list of potential tree and shrub species and estimated quantities (or
percentages). Species not included may not be counted towards the vegetation performance criteria. Please
also include a list of seed mix(s). The planting window should be noted as November 15 — March 15.
8. Table 17 — Include a row for the 6-18 inch zone since vegetation will differ from the 0-6 inch zone and
18-36 inch zone (open water).
9. Table 19 — Please include four bankfull events criteria and MY7 10 -foot veg vigor criteria.
10. Table 21— Please include a minimum of two veg plots within the proposed wetland area; one in each level
type (rehabilitation/enhancement and re-establishment).

11. Figure 2 — Please show only delineated wetland feature(s) on the existing site resources map (do not
include re-establishment area).
12. Figure 14 - The legend lists the jurisdictional wetland as 1.07 acres; however, Sections 1 and 4.2.4 state
the jurisdictional wetland area as 1.159 acres. Please confirm and update.
13. Figure 19 — Please remove the comment box shown within the easement area. The two wetland legend
items do not match text or other figures in the acreage amounts or term enhancement; please confirm and
update.
14. Figures — Please confirm the jurisdictional status of the channel below the wetland area and update all
relevant figures.
15. Sheet 4.5 - Please confirm that the UTB R2 outfall area within the wetland boundary was not included in
the wetland credit acreage.
16. Sheet 5.5 — Delete blank Note 25. A number of sod mat harvest areas are shown on Sheet 4.4, please
include a detail note describing the sod mat and top soil harvesting process (e.g. max. depth, topsoil
backfill, seeding).
17. Detail Sheet - Please include planting related details (e.g. live stake, tublings, plugs, bare root and
container planting).
18. Appendices — Please include completed NC SAM and NC WAM forms.
USACE Comments, Kim Browning, Todd Tug -well:
1. The USACE ID for the cover page is SAW -2019-01363 and the DWR ID is 20161200.
2. Sectionl0: All Performance Standards should be updated to follow the 2016 NCIRT Guidance.
3. Table 23, Determination of Mitigation Credits: Credit ratios will be re-evaluated after reviewing the
revised Draft Mitigation Plan.
4. There is concern that some of the tributaries proposed for RSC would lose jurisdiction after being filled.
Please clarify in the text how these areas will retain bed and bank single -thread features.
5. The wetland at the bottom of the project needs to be re -verified to determine the extent of the boundary.
6. Please describe how you plan to avoid impacts to functioning wetlands during restoration. It is
recommended that groundwater wells be installed, and monitored annually to ensure no functional loss.
7. Please justify the proposed ratio for the wetland rehabilitation area.
8. The proposed ratio for the enhancement reach is questionable. Please clarify the proposed activities
involved.
9. Please verify that the additional monitoring that is proposed to be paid for with federal funds will be
separated, and no credit can be claimed for these activities.
Digitally signed by
BROWN ING.KIMBERLY• BROWNING.KIMBERLY.DANIELLE.
DAN I ELLE.152768351O 1527683510
Date: 2019.09.06 09:09:20 -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
October 1, 2019
Re: Request for NCDMS ILF Modification for the addition of the Millstone Creek Mitigation Site,
Randolph County, SAW -2019-01363
North Carolina Division of Mitigation Services
Attention: Mr. Tim Baumgartner
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Dear Mr. Baumgartner:
This letter is in regard to your request for modification of the North Carolina Division of Mitigation
Services (NCDMS) In -Lieu -Fee Instrument, for the addition of an approximate 9.0 -acre mitigation site,
known as the Millstone Creek Mitigation Site (DMS Project 204). The draft mitigation plan received in
our office on July 16, 2019, proposes to restore and enhance approximately 3,631 linear feet (LF) of stream
channels and 1.159 acres of riparian wetlands in the Cape Fear watershed (HUC 03030003). The project
site is located approximately 3 miles southeast of the Town of Ramseur, off Highway 22, Randolph
County, North Carolina, (35.696683°N, -79.623956°W).
In accordance with 33 CFR 332.8(g), this office posted the Millstone Creek Draft Mitigation Plan
(SAW -2019-01363) for a 30 -day IRT review period, which ended August 25, 2019. In addition, we
conducted a site visit on August 15, 2019 to review the proposed site and requested additional information
regarding the proposed design plans. We have enclosed copies of all letters and comments received in
response to the draft mitigation plan review and the site visit. The purpose of this letter is to provide you
with our determination regarding whether the proposed mitigation site has the potential to provide
appropriate compensatory mitigation for activities authorized by Department of the Army (DA) permits.
According to the Mitigation Rule under 33 CFR 332.2 (a) (1), the fundamental objective of
compensatory mitigation is to offset environmental losses resulting from unavoidable impacts to waters
of the United States authorized by DA permits. In addition, the mitigation site must be ecologically
suitable for providing the desired aquatic resource functions [33 CFR 332.3 (d) (1)], and designed to be
self-sustaining once performance standards have been achieved. This includes appropriate siting to ensure
that natural hydrology and landscape context will support long-term sustainability [33 CFR 332.7 (b)].
According to the information provided, the proposed activities include the restoration of 1,386 LF and the
enhancement of 2,270 LF of Millstone Creek and its tributaries, and the re-establishment and rehabilitation
of approximately 1.76 wetland acres within the floodplain of Millstone Creek.
Based on a review of the information provided in the draft Mitigation Plan dated April 15, 2019
and comments received in response to the site visit; the Corps has determined that the mitigation proposal
fails to provide the information necessary in order to demonstrate that the proposed activities will restore
the natural functions and processes necessary for long-term sustainability. Therefore, as submitted, the
mitigation site has limited potential to offset environmental losses resulting from aquatic resource impacts

authorized under DA permits, and we cannot recommend that the project, as proposed, move forward in
the review process.
A copy of all comments received in response to the draft mitigation plan review are enclosed with
this letter. Please note that all comments and concerns listed on the attached memo must be addressed in
all future submittals associated with the proposed mitigation site. We appreciate your interest in restoring
and protecting wetlands and other waters of the United States. If you have any questions about this letter
or the attached comments, please contact Kim Browning at [phone] extension 60.
Sincerely,
BROWNINGAMBE Digitally signed by
BROW NING.KIMBERLY.DANIELL
RLY.DANIELLE.152 E.1527683510
Date: 2019.10.01 15:56:40
7683510 -04'00
Kim Browning
Mitigation Project Manager
for Tyler Crumbley
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
Melonie Allen– NCDMS
Barbara Doll—NCSU