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HomeMy WebLinkAbout20161271 Ver 3_SAW-2019-00631 Initial Evaluation Letter_20191023Strickland, Bev From: Dailey, Samantha J CIV USARMY CESAW (USA) <Samantha.J.Dailey@usace.army.mil> Sent: Wednesday, October 23, 2019 10:54 AM To: Tommy Cousins Cc: Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haupt, Mac; Davis, Erin B; Wilson, Travis W.; Bowers, Todd; twyla.cheatwood@noaa.gov Subject: [External] SAW-2019-00631 PG Tar 01 UMBI and Swift Creek Mitigation Site - Initial Evaluation Letter Attachments: 20190916 NC SHPO Comment Letter.pdf, 20190919 USFWS Comment Letter.pdf; SAW-2019-00631 PG Tar 01 UMBI & Swift Creek Mitigation Site Initial Evaluation Letter.pdf Follow Up Flag: Follow up Flag Status: Flagged CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<maiIto: report.spam@nc.gov> Good morning Tommy, Attached is the Initial Evaluation Letter for: SAW-2019-00631 / Palustrine Group, LLC / PG Tar 01 UMBI, Swift Creek Mitigation Site / Edgecombe 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 (919) 554-4884, Ext. 22 Samantha.j.dailey@usace.army.mil 1 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi H. Hamilton September 16, 2019 Samantha Dailey Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 Office of Archives and History Deputy Secretary Kevin Cherry Re: Establish PG Tar 01 Umbrella Mitigation Bank, Swift Creek Mitigation Site, SAW 2019-00631, Edgecombe County, ER 19-2626 Dear Ms. Dailey: We have received a public notice concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. 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 919-807-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 6namona Bartos, 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: (919) 807-6570/807-6599 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh ES Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 19, 2019 Ms. Samantha Dailey Wilmington District Corps of Engineers Raleigh Regulatory Field Office, Suite 105 Wake Forest, North Carolina 27587 Re: PG Tar 01 Umbrella Mitigation Banking Instrument (UMBI), Swift Creek Mitigation Site, USACE ID# SAW-2019-00631, Edgecombe County, NC Dear Ms. Dailey: This letter is to inform you that the Service has established an on-line project planning and consultation process which assists developers and consultants in determining whether a federally -listed species or designated critical habitat may be affected by a proposed project. For future projects, please visit the Raleigh Field Office's project planning website at https://www.fws.gov/rateigh/pp.htmi. If you are only searching for a list of species that may be present in the project's Action Area, then you may use the Service's Information, Planning, and Consultation System (IPaQ website to determine if any Iisted, proposed, or candidate species may be present in the Action Area and generate a species list. The IPaC website may be viewed at hops://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated Iist of all endangered and threatened species protected by the provisions of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concerns that are known to occur in each county in North Carolina, and other resources. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or I The term "federal species of concern" refers to those species which the Service believes might be in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes. If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. With regard to the above -referenced project, we offer the following remarks. Our comments are submitted pursuant to, and in accordance with, provisions of the Endangered Species Act. The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above referenced project. The project, based on the description in the Public Notice, proposes to restore, enhance, and preserve 10,562 linear feet of stream channel and 114 acres of wetlands within the Swift Creek watershed, an ecologically important tributary to the Tar River. The associated project on the 322-acre Swift Creek Mitigation Site is expected to have minimal adverse impacts to fish and wildlife resources. We do not have any major concerns with the PG Tar 01 UMBI Swift Creek Mitigation Site as currently proposed, and think this project could greatly benefit the downstream water quality and the associated rare aquatic species. Downstream water quality and ecological restoration in this watershed is greatly important to the Service, as there have been records of the Neuse River Waterdog (Necturis leivisi), the Atlantic pigtoe (Fusconaia masoni)-both proposed federally threatened species; and the Carolina madtom (Noturus fiiriosus) a proposed as federally endangered species. There are also other state imperiled aquatic species adjacent to the site or immediately downstream in Swift Creek. The Service encourages mitigation efforts in priority watersheds, or with work that drains to priority watersheds such as this one, that will benefit federal and state listed and proposed species. We will continue to be involved in this project through discussions with the IRT, and will provide additional comments in the future if warranted. [ I I The term " federal species of concern" refers io those species which the Service believes might be in need of concentrated conservation actions- Federal species ofconcern receive no legal pruteetiun and their designation does not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened species. However. we recommend that all practicable measures he taken it) avoid or minimize adverse impacts to federal species of concern. The Service has reviewed available information on federally -threatened or endangered species known to occur in Edgecombe County, specifically within the proposed mitigation work area, adjacent tributaries (Swift Creek) and the larger Tar River. Federally listed species in Edgecombe County, North Carolina include Red -cockaded woodpecker (Picoides borealis), Tar River spinymussel (Eliptio steinstansana), Yellow Lance (Elliptio lanceolate), and Dwarf wedgemussel (Alasmidonta heterodon) in addition to many other At Risk Species and federal species of concern. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the special status species, both federal and state, which can be found here: https://ncnhde.natureserve.org/. Our review indicates that no federally listed species under Service jurisdiction have occurrence data within the project areas requesting restoration or enhancement activities (mechanized/land altering activities), but may occur in the Swift Creek areas proposed for preservation. The Service is always interested in learning more about the species composition on sites with appropriate habitat, so aquatic species surveys would be appreciated in this reach, but not required if disturbance is not expected. Based on the information provided and other information available, it appears that the proposed action is not Iikely to adversely affect any federally -listed endangered or threatened species, their formally designated critical habitat, or species currently proposed for listing under the Act at the restoration and enhancement sites, and preservation areas as proposed. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for your project. Please remember that obligations under section 7 consultation must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently 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. However, the Service is concerned about the potential impacts the proposed action in the land disturbance areas might have on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we recommend that all practicable measures be taken to avoid adverse impacts to aquatic species, including stringent sediment and erosion control measures and detailed plans for review by the Service when appropriate. An erosion and sedimentation control plan should be submitted to and approved by the North Carolina Division of Land Resources, Land Quality Section prior to construction. Erosion and sedimentation controls should be installed and maintained between the construction site and any nearby down -gradient surface waters. In addition, we recommend maintaining natural, vegetated buffers on all streams and creeks adjacent to the project site. The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality. We recommend that you consider this document in the development of your projects and in completing an initiation package for consultation (if necessary). [ I I The term "federal species of concern" refers to those species which the Service believes might he in need of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually he proposed for listing as a federally endangered or threatened species. However, we recommend that all practicable measures he taken to avoid or minimise adverse impacts to federal species of concern. We hope you find our web page useful and informative and that following the process described above will reduce the time required, and eliminate the need, for general correspondence for species' lists. If you have any questions or comments, please contact Emily Wells of this office at (919) 8564520 ext. 25. Sincerely, dL�� P e Benjamin Field Supervisor I I The term "federal species of concern" refers to those: species which the Service believes might he in nerd of concentrated conservation actions. Federal species of concern receive no legal protection and their designation does not necessarily imply that the species will eventually be proposed liar listing as a federally endangered or threatened species. However. we recommend that all practicable measures be taken to avoid or minimize adverse impacts to federal species of concern. 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-2019-00631 Re: NCIRT Initial Review of the PG Tar 01 Umbrella Mitigation Banking Instrument, Swift Creek Mitigation Prospectus Mr. Tommy Cousins Palustrine Group, LLC Post Office Box 31411 Charleston, South Carolina 29417 Dear Mr. Cousins: This letter is in regard to your prospectus document dated May 2019, for the proposed Palustrine Group, LLC (PG) Tar 01 Umbrella Mitigation Bank (UMBI) Swift Creek Mitigation Site. The proposal consists of the establishment and operation of a commercial umbrella mitigation bank, and the associated 322 acre Swift Creek Mitigation Site, located at 9117 NC 33 NW, in Tarboro, Edgecombe County, North Carolina (35.9984°N,-77.6062°W). The proposed Swift Creek Mitigation site would include stream and wetland restoration, enhancement, and preservation activities within the Swift Creek watershed in the Tar River Basin (8-digit hydrologic unit code (HUC): 03020101). The Corps determined the Prospectus was complete and issued a public notice (P/N # SAW- 2019-00631) on August 19, 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. We have determined that the proposed umbrella mitigation bank appears to have the potential to preserve and enhance aquatic resources within the 8-digit HUC 03020101 of the Tar River. Therefore, the bank sponsor may proceed with preparation of a 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 (919) 554-4884, Extension 22 Sincerely, DAILEY.SAM Digitally signed by DAILEY.SAMANTHA.J. ANTHAI I 38 1387567948 Date: 2019.10.23 7567948 10:50:05-04,00' Samantha Dailey Regulatory Project Manager Raleigh Regulatory Field Office Electronic Copies Furnished: NCIRT Distribution List