20190846 Ver 1_USACE Initial Evaluation Letter_20191023

Strickland, Bev
From: Dailey, Samantha J CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, October 23, 2019 11:32 AM
To: Bradley Breslow; Jamey Mceachran
Cc: Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haupt, Mac; Davis, Erin B;
Wilson, Travis W.; Bowers, Todd; [e-mail]
Subject: [External] SAW-2019-01084 Neu -Con UMBI, Cairo Mitigation Site - Initial Evaluation
Letter
Attachments: 20190830 USFWS Comment Letter.pdf; 20190919 NC SHPO Comment Letter.pdf;
SAW-2019-01084 Neu -Con UMBI - Cairo Mitigation Site Initial Evaluation Letter.pdf
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Good morning Brad/Jamey,
Attached is the Initial Evaluation Letter for:
SAW-2019-01084 / EBX-Neuse I, LLC / Neu -Con UMBI, Cairo Mitigation Site / Wake County
This electronic copy is an official Department of the Army Notification. However, if you wish to receive a paper copy, one
will be mailed upon request.
Please let me know if you have any questions or concerns.
Sincerely,
Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 22
[e-mail]
1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
October 23, 2019
Regulatory Division/1200A
Action ID No. SAW-2018-01637
Re: NCIRT Initial Review of the Neu -Con Stream and Wetland Umbrella Mitigation Banking
Instrument, Cairo Mitigation Site Prospectus
Mr. Brad Breslow
EBX-Neuse I, LLC
302 Jefferson Street, Suite 110
Raleigh, North Carolina 27605
Dear Mr. Breslow:
This letter is in regard to your prospectus document for the proposed Cairo Mitigation Site
(dated July 2019), a modification to the Neu -Con Stream and Wetland Umbrella Mitigation
Banking Instrument (UMBI). The proposal consists of the establishment and operation of a 50.9-
acre commercial mitigation site, located along Johnson Pond Road, in Fuquay-Varina, Wake
County, North Carolina (35.6179°N,-78.7532°W). The proposed Cairo Mitigation site would
include stream and wetland restoration, enhancement, and preservation activities within the
Terrible Creek watershed in the Upper Neuse River Basin (8-digit hydrologic unit code (HUC):
03020201).
The Corps determined the Prospectus was complete and issued a public notice (P/N # SAW-
2019-01084) on August 21, 2019. The purpose of this notice was to solicit the views of
interested State and Federal agencies and other parties either interested in or affected by the
proposed work. Attached are comments received in response to the public notice from the U.S.
Fish and Wildlife Service and the North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office.
The Corps has considered the comments received from members of the Interagency Review
Team (IRT) and information that was discussed during an IRT site review on July 10, 2019. We
have determined that the proposed mitigation bank appears to have the potential to restore,
enhance, and preserve aquatic resources within the 8-digit HUC 03020201 of the Neuse River.
Therefore, the bank sponsor may proceed with preparation of the draft UMBI.

Please provide a response to the attached comments with your draft UMBI submittal. We
appreciate your interest in restoring and protecting waters of the United States. If you have
questions regarding this letter, please contact me at the Raleigh Regulatory Field Office by email
at Samantha.J.Dailey(a),usace.army.mil or telephone [phone], Extension 22
Sincerely,
Digitally signed by
DAILEY.SAMANT DAILEY.SAMANTHA.J.138756
7948
HA.J.1387567948 Date: 2019.10.2311:27:51
-04'00'
Samantha Dailey
Regulatory Project Manager
Raleigh Regulatory Field Office
Electronic Copies Furnished:
NCIRT Distribution List

Unitgd States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
August 30, 2019
Samantha Dailey
U.S. Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Cairo Mitigation Site / SAW-2019-01084/ Wake County
Dear Mrs. Dailey:
The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above
referenced Public Notice. The project, as advertised in the Public Notice, is expected to have
minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the
activity as described in the permit application.
In accordance with the Endangered Species Act of.1973, as amended, (ESA) and based on the
information provided, and other available information, it appears the action is not likely to adversely
affect federally listed species or their critical habitat"as defined by the ESA. We believe that the
requirements of section 7 (a)(2) of the ESA have been satisfied for this project. Please remember
that obligations under the ESA must be reconsidered if: (1) new information identifies impacts of this
action that may affect listed species or critical habitat in a manner not previously considered; (2) this
action is modified in a manner that was not considered in this review; or, (3) a new species is listed
or critical habitat determined that may be affected by the identified action.
For your convenience a list of all federally protected endangered and threatened species in North
Carolina is now available on our website at <http:;; ww.v.fws.gov/sleigh>. our web page contains a
complete and updated list of federally protected species, and a list of federal species of concern
known to occur in each county in North Carolina.
The Service appreciates the opportunity to review and provide comments on the proposed action.
Should you have any questions regarding the project, please contact Emily Wells at [phone],
extension 25.
S' "erely, .
(� e e njamin,,
Fiel upervisor
cc: NMFS, Beaufort, NC
EPA, Atlanta,"GA
WRC, Raleigh

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary Susi H. Hamilton
September 19, 2019
Office of Archives and History
Deputy Secretary Kevin Cherry
Samantha Dailey Samantha.j.dailevna,usace.army.mil
US Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Cairo Mitigation Site, Johnson Pond Road, Fuquay Varina, SAW-2019-01084, Wake County,
ER 19-2620
Dear Ms. Dailey:
We have received a public notice concerning the above -referenced project. We have reviewed the materials provided
and offer the following comments.
One previously recorded pre -colonial American Indian archaeological site (31WA1842) is located within the subject
property. This site has not been assessed to determine its eligibility for listing in the National Register of Historic
Places. Site 31WA1842 is located in the uplands west of stream reach UT1.
Ground disturbance within the subject easement areas should have no effect on site 31WA1842. However, if access
road improvements are planned, we request engineering specifications be submitted to this office for review.
Should human remains be discovered in the vicinity of 31WA1842 or anywhere else in the project area, the
provisions of North Carolina General Statute Chapter 70, Article 3 apply. All ground disturbing activities should
immediately cease, and the county medical examiner should be contacted.
We have determined that the project as proposed will not have an effect on any historic structures.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact
Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In
all future communication concerning this project, please cite the above referenced tracking number.
Sincerely,"�j�
(�� ' " du L
Ramona Bartos, Deputy
Deputy State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599