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
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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