20110955 Ver 1_Public Notice_20111027

Dennison, Laurie
From: Kulz, Eric
Sent: Thursday, October 27, 2011 8:55 AM
To: Dennison, Laurie
Subject: RE: Sluder Branch Mitigation Bank LLC
Thanks a lot Laurie.
Set it up as best you can and that way it will have anumber as more info trickles in. Go ahead and send over here for the
mit files after you are done with it and it is scanned.
Eric
Eric W. Kulz
Environmental Senior Specialist
N.C. Division of Water Quality
Wetlands Program Development Unit
1650 MSC
Raleigh, NC 27699-1650
Phone: [phone] Please note this is a new phone number
Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties
From: Dennison, Laurie
Sent: Thursday, October 27, 20118:50 AM
To: Kulz, Eric
Subject: Sluder Branch Mitigation Bank LLC
Eric,
Recvd PN for above mitigation bank. Itjust reflects Bank Sponsor as Sluder Branch Mitigation Bank LLC, Mr Will Jeffers-
no address or anything. Should I go ahead & set it up as best I can in BIMS? Maybe this is not your baileywick anymore
& I'll have to address with Karen.
I did mail a hard copy of your comments letter to Tracey Wheeler as well as the emailed scanned copy Karen sent.
L-
Laurie Dennison
Administrative Assistant
[phone]
Wetlands, Buffers, and Stormwater, Compliance and Permitting Unit (WEBSCAPE)
NCDENR/Division of Water Quality - Wetlands and Stormwater Branch
Mailing address: 1650 Mail Service Center Raleigh NC 27699-1650
Physical location: 512 N Salisbury St 9th FL Archdale Bldg Raleigh NC 2 7604-1 1 70
Fax line: [phone]
Website: www.ncwaterguality.org
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties unless the content is exempt by stature or other regulation.
2 0 1 10955
13
US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: October 26, 2011
Comment Deadline: November 25, 2011
Corps Action ID #: 2011-01763
The Wilmington District, Corps of Engineers (Corps) has received a prospectus describing the
establishment of a stream compensatory mitigation bank, known as the Studer Branch Mitigation
Bank for Federal and State permits as described below:
Bank Sponsor:
Studer Branch Mitigation Bank, LLC
Mr. Will Jeffers
This public notice does not imply, on the part of the Corps of Engineers or other agencies, either
favorable or unfavorable opinion of the work to be performed, but is issued to solicit comments
regarding the factors on which final decisions will be based. Specific plans and location
information are described below and shown on the attached plans. This Public Notice and all
attached plans are also available on the Wilmington District Web Site at
_www.saw.usace.army.mil/wetlands. The complete prospectus and mitigation plans are also
available at the Wilmington District, Asheville Regulatory Field Office. Please contact 828-271-
7980 extension 227, to request a copy.
WATERWAYS AND LOCATION OF THE PROPOSED WORK: The proposed bank site is
located off Studer Branch Road (SR1617) near Leicester, approximately 6 miles northwest of
Asheville, Buncombe County, North Carolina. The approximate geographic coordinates are
35.650736°N and -82.666914°W. The site is located on approximately 155 acres of agricultural
land near the confluence of Studer Branch and Newfound Creek along Newfound Creek. The
site also encompasses two Unnamed Tributaries (UTs) to Newfound Creek and riparian wetlands
all within the French Broad-Holston River Basin, specifically the Upper French Broad basin,
Hydrologic Unit Code (HUC) 06010105.
PROPOSED WORK AND PURPOSE: The bank sponsor proposes to establish, design,
construct, and operate a stream compensatory mitigation bank composed of approximately 4,253
linear feet of stream channel and 0.5 acres of wetland along Newfound Creek, near Leicester, in
Buncombe County, North Carolina.
As stated by the sponsor, the primary goals and objectives of this proposed mitigation bank are
to focus on improving water quality, enhancing flood attenuation, improving aquatic resources,
and restoring riparian habitat within the Newfound Creek watershed. As stated by the sponsor,
the primary objectives will be accomplished through the following measures:
I) Improving Water Quality:
a) Removing livestock from streams, wetlands, and floodplains; i) eliminate the application
of fertilizer, pesticides, and other agricultural materials into and adjacent to streams and
wetlands; and ii) establishing a vegetative buffer adjacent to streams and wetlands to filter
surface runoff in addition to treat and store pollutants, nutrients, and sediments from the
adjacent landscape.
b) Reducing sedimentation onsite and downstream by i) reducing bank erosion associated
with hoof shear, agricultural activities, vegetation maintenance, and stormwater runoff, ii)
increasing retention time for surface waters entering and leaving the Bank; and iii) planting a
diverse, native, forested buffer within the Bank to filter surface runoff from adjacent
agriculture, reduce particulate matter deposition into area waterways, and provide stream
bank stability.
c) Providing shallow marsh wetland treatment areas to intercept surface waters draining
through agricultural areas prior to discharging into Bank Streams.
d) Installing drop structures at the convergence of UTI and UT2 with Newfound Creek,
thereby supplementing grade/bank stabilization.
e) Increasing the Bank's capacity for carbon storage in plant biomass and soils.
f) Restoring active plant root growth to absorb nitrates and/or, more importantly, provide an
energy source for bacteria that convert nitrogen in nitrate to a gas, which can then escape to
the atmosphere.
2) Enhancing Flood Attenuation and Hydrology:
a) Promoting floodwater attenuation by revegetating Bank floodplains, thereby increasing
frictional resistance and slowing lateral surface flows across the Bank improving the
effectiveness of the riparian buffer while increasing the removal of contaminants and settling
of sediments.
3) Improving Aquatic Resources and Restoring Riparian Habitat:
a) Improving aquatic habitat by promoting stable stream banks and removing water quality
stressors within the Bank.
b) Restoring shade to open waters by i) restoring a native, forested riparian buffer and
promoting thermoregulation of stream waters, thereby improving survivability and fecundity
of aquatic life; ii) enhancing characteristic macro invertebrate species populations; iii) and
increasing organic matter, carbon export, dissolved oxygen levels, and large woody debris in
the stream corridor.
c) Removing an existing culvert on UTI, thereby reestablishing stream stability and the
capacity to transport watershed flows and sediment loads supported by natural in-stream
habitat.
d) Providing connectivity/wildlife corridor to forested areas adjacent to the Bank.
e) Increasing potential habitat for aquatic and terrestrial wildlife.
f) Restoring a native, forested riparian buffer adjacent to all Bank streams that is at a
minimum of 30 feet from the top of banks.
The site where the proposed stream restoration/enhancement will occur is located on 155 acres of
disturbed forest, hay fields, and livestock pastures. Riparian zones and wetlands onsite are
2
primarily composed of herbaceous vegetation that is sparse and disturbed due to livestock
grazing, bush hogging, and regular maintenance activities.
This mitigation bank may be considered one of a number of practicable alternatives available to
applicants to compensate for unavoidable stream and wetland impacts associated with permits
issued under the authority of Sections 404 and 401 of the Clean Water Act for projects located
within the prescribed geographic service area.
Oversight of this wetland compensatory mitigation bank will be by a group of Federal and State
agency representatives collectively referred to as the Interagency Review Team (IRT). The IRT
shall be chaired by the Wilmington District, U.S. Army Corps of Engineers and is comprised of
representatives from the U.S. Environmental Protection Agency, U.S. Fish and Wildlife Service,
N.C. Division of Water Quality, and the N.C. Wildlife Resources Commission.
The actual approval of the use of this mitigation bank for a specific project is the decision of the
Corps of Engineers pursuant to Section 10 of the Rivers and Harbors Act and Section 404 of the
Clean Water Act. The Corps provides no guarantee that any particular individual or general
permit will be granted authorization to use this wetland compensatory mitigation bank to
compensate for unavoidable wetland impacts associated with a proposed permit, even though
mitigation from this bank may be available.
AUTHORITY: A Public Notice regarding proposed mitigation banks is required pursuant to the
rules published in the Code of Federal Regulations (CFR) for Compensatory Mitigation for
Losses of Aquatic Resources (33 CFR 332.8(d)(4)).
FEDERAL EVALUATION OF PROPOSAL: The Corps of Engineers is soliciting comments
from the public; Federal, state, and local agencies and officials; Indian Tribes; and other
interested parties in order to consider and evaluate this proposed mitigation bank. Any
comments received will be considered by the Corps in evaluating this proposal. Comments are
used to assess impacts on endangered species, historic properties, conservation, economics,
aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values,
flood hazards and flood plain values (in accordance with Executive Order 11988), land use,
navigation, shore erosion and accretion, recreation, water supply and conservation, water quality,
energy needs, safety, food and fiber production, mineral needs, considerations of property
ownership, and, in general, the needs and welfare of the people.
Preliminary review indicates that: 1) An environmental impact statement will not be required; 2)
No species of fish, wildlife, or plant (or their critical habitat) listed as endangered or threatened
under the Endangered Species Act of 1973 (PL 93-205) will be affected; and 3) No cultural or
historic resources considered eligible or potentially eligible for listing on the National Register of
Historic Places will be affected. Additional information may change any of these preliminary
findings.
Written comments pertinent to the proposed work, as outlined above, will be received in this
office, Attention: Tyler Crumbley, Asheville Regulatory Field Office, 151 Patton Avenue, Room
208, Asheville, North Carolina 28801, until 5:00 p.m., November 25, 2011.

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298 SnowAven Avenue
Raleigh, NC 27603 SLUDER BRANCH MITIGATION BANK

Buncombe County
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Aug 2011
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