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Home My WebLink About20120102 Ver 1_Mitigation Bank Proposal_20120203r � ..say e � �''T ^�'at ! iii i, �t. � �' � � �\ it 1, � ' r 1� ��.�44��- 1�7�,-.��;'�'��.�ia.. �� S:7 ��,.� � _ �. —� �.,,s, ^.�T� +i ., .c. C 9%�+�Xa �+Fn� � �i �),T +S. ; � � r J i. v3 t �' ..� A N 1, a � �_ ` �al' s, � i��'�'''ri �4�i Q� � � "a'S4 di r �S �. �-• _ =t' ec.r� ��. �:, ' �,�+ � ��{ i �.:. •- > i� i yr -� 'r � � � 4 � .: ;TrF.T�ci � �a � 11 • Byrds Creek Site HUC 03020201 DRAFT Prospectus TABLE OF CONTENTS 10 Site Introduction and Goals 1 1 Introduction 12 Site Location 13 Site Goals 14 Bank Sponsor 20 Establishment and Operation of Mitigation Bank 21 Bank Credits 22 Proposed Service Area 23 Qualifications of Bank Sponsor 30 Ecological Suitability of Site 3 1 Existing Site Conditions 31 1 Site Soils 3 12 Existing Site Vegetation 3 1 3 Threatened and Endangered Species 3 14 Site Cultural Resources 32 Technical Feasibility of the Site 40 Site Maintenance and Long -Term Sustainability 41 Site Maintenance 42 Long Term Management Provisions for the Site FIGURES Figure 1 Service Area Figure 2 Vicinity Map Figure 3 USGS Map Figure 4 Site Map Figure 5 Soils Map APPENDIX Correspondence with US Fish & Wildlife Service Approved Categorical Exclusion Documentation Correspondence with NC Cultural Resources Department Site Photo Log C o� FF 0� 10 �.J o,q,�0 1� E i 1 1 1 1 2 2 3 3 3 3 3 3 4 4 6 6 7 7 7 0 Byrds Creek Site HUC 03020201 DRAFT Prospectus The Byrds Creek Site ( Site ) is proposed as part of Wildlands Engineering s proposed Falls Lake Basin umbrella mitigation banking instrument for the Neuse River Basin HUC 03020201 ( Bank ) The site shall be planned and designed encompassing land along Byrds Creek and two (2) of its tributaries in Person County NC The purpose of the Bank is to nutrient mitigation credits to compensate for development requiring nutrient offset payments within the service area as depicted in Figure 1 0 10 Site Introduction and Goals 11 Introduction The Site involves the restoration of riparian buffers ( buffers ) in order to help reduce non point source discharge of contaminants into stream channels within the Neuse River Basin The Byrds Creek Site is currently under design as a combination of stream enhancement restoration and preservation to provide stream mitigation units (SMUs) for the North Carolina Ecosystem Enhancement Program The site consists of approximately 11 000 linear feet of combined stream enhancement, restoration and preservation The proposed nutrient offset bank would protect approximately 24 acres of land on the site with a permanent conservation easement and and the site will be restored for nutrient offset mitigation credit In general buffer widths will be at least 200 feet from the top of the channel bank 12 Site Location The proposed Byrds Creek Site is located in southern Person County immediately south of the Town of Hurdle Mills (Figure 2) To get to the site traveling north on NC 157 /Guess Road from the City of Durham turn left onto Charlie Monk Road dust south of the Town of Hurdle Mills then turn left onto Wolfe Road The proposed site is located in a rural watershed within the Neuse River Basin (HUC 03020201) and within sub basin 03 04 01 Byrds Creek flows into the South Flat River which flows into the Flat River before it enters Falls Lake The downstream reach of the Flat River is classified as Nutrient Sensitive Waters by the North Carolina Division of Water Quality (NCDWQ) The majority of the project site is currently utilized for beef cattle operations Portions of the site are partially forested and not accessed by the cows These sections of stream are stable and functioning and are not proposed as part of the nutrient bank The project area includes the buffering of Byrds Creek and two tributaries that drain to Byrds Creek as shown in Figure 3 A photo log of the site is located in the appendix 13 Site Goals The proposed nutrient offset mitigation protect described above will provide numerous ecological benefits within the Neuse River Basin While some of these benefits are limited to the Byrds Creek Site Page 1 Falls Lake Drainage Basin Draft Prospectus 0 0 project area others such as pollutant removal and improved aquatic and terrestrial habitat have more far reaching effects The primary goal of the nutrient offset project will be to restore nitrogen removal capacity of those areas adjacent to surface waters Other expected improvements to water quality and ecological processes from the project are outlined below in Table 1 as project goals Table 1 Site Goals and Methods of Achievement Nutrient removal from On site nutrient inputs will be decreased by removing cattle access to creekflow streams Runoff will be filtered through buffer zones Flood flows will be filtered through restored floodplain areas where flow will spread through native vegetation Vegetation uptakes excess nutrients Sediment removal from Storm flow containing grit and fine sediment will be filtered through creeks restored floodplam areas where flow will spread through native vegetation The spreading flood flows will reduce velocity allowing sediment to settle out Sediments will be filtered from overland flow by the restored buffers before entering channels on the site Restoration of Adjacent buffer and riparian habitats will be restored with native terrestrial habitat vegetation as part of the protect Native vegetation will provide cover and food for terrestrial creatures 14 Bank Sponsor The Byrds Creek Site is proposed as part of the proposed Upper and Lower Falls Lake Basin umbrella mitigation banking instrument for the Neuse River Basin HUC 03020201 sponsored by Wildlands Engineering Inc ( Sponsor ) Contact information for this Bank is provided below Wildlands Engineering Inc 5605 Chapel Hill Road Suite 122 Raleigh NC 27607 Phone 919 851 9986 Fax 919 851 9987 Attn John Hutton Email jhutton @wildlandseng com 2 0 Establishment and Operation of Mitigation Bank The Sponsor is in the process of negotiating an option to purchase a conservation easement on the site Upon completion of the review process for the site prospectus the Sponsor will submit a detailed mitigation plan and umbrella banking instrument The instrument will provide detailed information regarding bank operation Once the final site mitigation plan is approved and the accompanying instrument executed by the NC Division of Water Quality (NCDWQ) the Sponsor will record a conservation easement on the bank site Byrds Creek Site Page 2 Falls Lake Drainage Basin Draft Prospectus • 21 Bank Credits Use of credits from the Bank to offset development requiring nutrient offset payments in compliance with all relevant state statutes All activities will be consistent with rules adopted by the Environmental Management Commission and all other applicable authorities Prior to the release of credits the following requirements will be met NCDWQ approval of the final mitigation plan and execution of the banking instrument recordation of the conservation easement and establishment of appropriate financial assurances 2 2 Proposed Service Area The Bank is being established to provide mitigation credit to compensate for impacts to riparian buffers and development requiring nutrient offset payments within the service area depicted in • Figure 1 This service area consists of the Falls Lake drainage area within Hydrologic Unit 03020201 including the Counties of Durham Franklin Granville Orange Person and Wake A specific geographic limit of applicability in no way compromises any state agency s ability to accept or reject the use of a bank for any given impact 2 3 Qualifications of Bank Sponsor Wildlands Engineering (WEI) is a multidisciplinary group of professionals that bring together to expertise necessary to create outstanding stream restoration projects in a timely and cost effective manner WEI has offices in Charlotte and Raleigh North Carolina and Charlottesville VA Our 17 employees dedicated to environmental restoration have positioned WEI as a leader in ecosystem restoration in the southestern United States WEI has completed one nutrient bank and is in the process of developing eight (8) full delivery projects through the NC Ecosystem Enhancement Program To execute stream and buffer mitigation projects WEI assembles a team of project specific subcontractors to perform surveying archaeological investigations and construction services Each of these subcontractors has substantial experience in stream and buffer restoration in North Carolina and a substantial full time professional staff presence in North Carolina WEI staff members have worked with all of these sub contractors on numerous occasions WEI believes that early coordination and frequent communication with sub contractors ensures that everyone understands their role in the project and can complete tasks in a timely and efficient manner 3 0 Ecological Suitability of Site 31 Existing Site Conditions 3 1 1 Site Soils The soils in the proposed project area are mapped by the Person County Soil Survey Soils in the project area floodplam are primarily mapped as Chewacla and Georgeville loam These soils are described below in Table 2 A soils map is provided in Figure 4 • Byrds Creek Site Page 3 Falls Lake Drainage Basin Draft Prospectus 0 0 Table 2 Project Soil Types and Descriptions Soil Name Location Description Chewacla 0 2% Chewacla soils are found in They are nearly level and somewhat poorly drained slopes valleys and floodplains Shrink swell potential is low These soils are frequently E Slow to moderate stream currents flooded Georgevdle These soils are found on The Georgevdle series consists of very deep well drained loam 1 6% upland ridges knolls and moderately permeable soils that formed in material mostly Near large open water bodies side slopes weathered from fine grained metavolcanic rocks of the lakes marshes seacoasts and Carolina Slate Belt Georgeville These soils are found on The Georgevdle series consists of very deep well drained loam 6 10% upland ridges knolls and moderately permeable sods that formed in material mostly slopes side slopes weathered from fine grained metavolcanic rocks of the Carolina Slate Belt Source Person County Soil Survey USDA NRCS http Hefotg nres usda gov 3 12 Existing Site Vegetation The protect area consists primarily of open pasture utilized for beef cattle operations Site streams have little to no existing riparian buffer Existing stream and ditch banks are mowed in most locations on an annual basis 3 13 Threatened and Endangered Species The US Fish and Wildlife Service (USFWS) and NC Natural Heritage Program (NHP) databases were searched for federally listed threatened and endangered plant and ammal species for Person County and Orange County NC One federally listed species the dwarf wedgemussel (Alasmidonta heterodon) is currently listed in Person County and five federally listed species the bald eagle (Haliaeetus leucocephalus) red cockaded woodpecker (Picoides borealis) dwarf wedgemussel, Michaux s sumac (Rhus michauxii) and smooth coneflower (Echmacea laevigata) are currently listed in Orange County (Table 3) Table 3 Listed Threatened and Endangered Species Species Federal Habitat Status Person County, NC Invertebrate Dwarf wedgemussel E Slow to moderate stream currents (Alasmidonta heterodon) sand gravel muddy bottom Orange County, NC Vertebrate Bald eagle Near large open water bodies (Halweetus leucocephalus) BGPA lakes marshes seacoasts and rivers Red cockaded woodpecker (Picoides borealis) E Open stands of mature pines Invertebrate Byrds Creek Site Page 4 Falls Lake Drainage Basin Draft Prospectus 0 0 Dwarf wedgemussel E Slow to moderate stream currents (Alasmidonta heterodon) sand gravel muddy bottom Vascular Plants Michaux s sumac E Sandy or rocky open woods with (Rhus michauxu) some form of disturbance Species Federal Habitat Status Smooth coneflower Open woods roadsides clearcuts (Echinacea laevigata) E dry limestone bluffs and power line right of way E = Endangered T= Threatened NS =No State Status Dwarf Wedgemussel The dwarf wedgemussel is a relatively small freshwater mussel with a yellowish brown approximately 1 inch in length This species typically inhabits creeks and rivers with slow to moderate current and sand gravel or muddy substrate Typical threats to this species include common pollutants from municipal and industrial wastewater discharges as well as sedimentation and runoff from agricultural and forestry operations This species is known to occur in stream reaches along the Atlantic Coast including North Carolina Bald Eagle Bald eagles typically live near large bodies of open water with suitable fish habitat including lakes, marshes seacoasts and rivers This species generally requires tall mature tree species for nesting and roosting Bald eagles were de listed from the Endangered Species List in June 2007 however this species remains under the protection of the Bald and Golden Eagle Protection Act (BGPA) This species is known to occur in every U S state except Hawaii Red - Cockaded Woodpecker The red cockaded woodpecker is a medium sized woodpecker species (8 to 9 inches in length) Distinctive coloration includes black and white feathers with a large white cheek patch and a black back with a white barred pattern This species is typically found year round in large open stands of pines with mature trees of 60+ years in age The foraging habitat for this species may include pine hardwood stands of longleaf and southern pine 30+ years in age This species is currently listed as historic for Orange County Michaux's Sumac Michaux s sumac is a densely hairy shrub with serrated compound leaves that grows from 1 to 3 meters in height These plants are found in disturbed sandy or rocky open woods with basic soil types Typical habitat may also include road rights of way and edges of artificially maintained clearings This plant is threatened by habitat destruction from residential and industrial development as well as fire suppression This species is currently listed as historic for Orange County Byrds Creek Site Page 5 Falls Lake Drainage Basin Draft Prospectus 0 Smooth Coneflower The smooth coneflower is a perennial herb that grows approximately 1 5 meters tall and has pink to purplish ray flowers This herbaceous species is typically found in open woods road sides clear cut areas dry limestone bluffs and power line rights of way Abundant sunlight little competition within the herbaceous layer and periodic natural disturbances offer the most favorable habitat conditions for this species This species is currently listed as historic for Orange County A pedestrian survey of the site was performed on February 4 2011 No individual listed species were found to exist within the protect area It is determined that the proposed activities will have no impact on any of the listed species 3 14 Site Cultural Resources Wildlands contracted New South Associates to perform an in office historical and archaeological screening of the Byrds Creek site Maps from 1891 1922 1928 and 1938 show no historic buildings in the project footprint A review of the archaeological sites files at the North Carolina Office of State Archaeology (OSA) revealed that there were no previously recorded sites in the tracts and that there had been no mayor surveys in the vicinity The majority soil type in the project is sloped eroded upland soils labeled Georgeville loam with low potential for the preservation of archaeological sites Indeed the project footprint appears limited to either existing streams or eroded upland gulleys There is a portion of an old mill dam on the upper reach of Byrds Creek There are no other remaining structures associated with the mill on the site The project work will not affect the remaining portions of the dam It is unlikely that OSA will require archaeological survey The NC Department of Cultural Resources determined that the project would not have an effect on any structures or properties eligible or listed on the National Register of Historic Places All correspondence with the NC Department of Cultural Resources is included in the appendix 32 Technical Feasibility of the Site Based on the results of the preliminary investigations it was determined that the subject site has buffer restoration potential that could potentially be considered for development of a viable commercial mitigation bank Actions required to develop the subject site for mitigation would require altering current land use practices to sustain stable long term environment Buffer restoration would involve removing invasive vegetation from the restoration area and replanting appropriate native tree and shrub species along the buffer corridor Herbaceous riparian vegetation will also be planted but will generally reestablish naturally Intensive vegetation management and a rigorous herbicide schedule will need to be implemented over the first few years of tree establishment in the riparian buffer restoration areas to prevent establishment of invasive species that will out compete the planted native vegetation Byrds Creek Site Page 6 Falls Lake Drainage Basin Draft Prospectus • 4 0 Site Maintenance and Long -Term Sustamability 41 Site Maintenance Adaptive measures will be developed or appropriate remedial actions will be implemented in the event that the site or a specific component of the site fails to achieve the success criteria outlined in the final umbrella banking instrument The project— specific monitoring plan developed during the design phase will identify an appropriate threshold for maintenance intervention based on the monitored items Any actions implemented will be designed to achieve the success criteria which will be specified in the umbrella banking instrument and will include a work schedule and updated monitoring criteria 4 2 Long Term Management Provisions for the Site • The Sponsor will institute a Long Term Management Plan responsible for assessing the condition of the mitigation site and implementing maintenance provisions to maintain performance of the site The proposed conservation easement will help to ensure that only NCDWQ allowable activities take place To monitor the site s continued success the Long Term Management Plan will be implemented following the five year monitoring period All components of the restoration site will be inspected annually or less frequently as needed to ensure that the project remains stable in perpetuity Sources of instability or other deficiencies will be addressed Invasive species will be managed annually or less frequently as needed to ensure the long term survivability of the planned native vegetation community All reporting will be documented and kept on file for future reference 0 • Byrds Creek Site Page 7 Falls Lake Drainage Basin Draft Prospectus 0 Figures 0 1-1 • CASWELL PERSON i Z ` - Byrds Creek Site Legend Upper & Lower Falls Lake Watersheds County Boundaries 158 ?. rd f" 96 GRANVILLE" i I f Stern It I a' 1 �f tf ALAMANCE ORANGE illsboi .57; T I Y 501 :56 �. Butner ' s CrGeAmoor - 1 I r ;;FRANKLIN " 70 Chapel III my a i CHATHAM VANCE I l �� 70 DURHAM NL, ung -,,n 41 „ r Wake For t'`) } - 1 5 = Weke'Forest. 147, n tx ` 50� Wake Fares a. f Rol—ill _ Durtram _.� t�f Wake Fore st P' Rolesvil _ a r.- i „, WAKE, { 401 -- 4 t � . Cary 401 ” 64 ez - . Figure 1 Service Area W I I 0 3 6 Miles Byrds Creek Site W I L D L A N D S I HUC 03020201 E N G I N E E. RI N Person County, NC i• • I• 19 PERSON 7 Byrds Creek Site -------------- -- -- -- f'f r ,lit %sattti - tit3a �r,irtr t -� „t€ 1 , 1 ORANGE t 4 SLI —. t.: DURHAM I ( r ( ( I r ( , ( I Figure 2 Vicinity Map 0 1 2 Miles Byrds Creek Site I I I HUC 03020201 WILDLANDS ENGINEERING t Person County, NC r, u Legend - - Property Boundary pis IL Yq -•,� 4. at� -,� �� •f"- <�4'Y,� h—,r- -,,� , 1, t5'S: � .- , -,e,,, � r � g � �� , 1�• 9� f sr - f 1 ` 119 �. O - - -' -x ---- - -a = -- y . WILDLAND ENGINEERING U r r' a 250 500 Feet > R Figure 3 USGS Map Byrds Creek Site HUC 03020201 Person County, NC 0 Figure 4 Site Map 0 250 500 Feet Byrds Creek Site I I I HUC 03020201 WILDLANDS ENGINEERING Person County, NC 9 0 J J Figure 5 Soils Map 0 150 300 Feet Byrds Creek Site I i I HUC 03020201 WILDLANDS ENGINEERING Person County, NC Appendices • WILDLANDS ENGIVEERfNG June 30 2011 Dale Suiter US Fish and Wildlife Service Raleigh Field Office P O Box 33726 Raleigh NC 27636 Subject Byrds Creek Mitigation Site Person County, North Carolina Dear Mr Suiter, The Byrds Creek Mitigation Site has been identified for the purpose of providing in kind mitigation for unavoidable stream channel impacts Several sections of stream channels throughout the site have been identified as significantly degraded as a result of past agricultural activities including cattle We have already obtained an updated species list for Person County from your web site (http / /nc es fws aov /es /countyfr html) The threatened or endangered species for this county are the Bald eagle (Haliaeetus leucocephalus) red cockaded woodpecker (Picoides borealis) dwarf wedgemussel (Alasmidonta heterodon) Michaux s sumac (Rhus michauxii) and smooth coneflower (Echinacea laevigata) We are requesting that you please provide any known information for each species in the county The USFWS will be contacted if suitable habitat for any listed species is found or if we determine that the project may affect one or more federally listed species or designated critical habitat Please provide comments on any possible issues that might emerge with respect to endangered species, migratory birds or other trust resources from the construction of a stream restoration project on the subject properties A USGS map (Figure 1) showing the approximate property lines and area of potential ground disturbance is enclosed Figure 1 was prepared from the Hurdle Mills and Caldwell NC 7 5 Minute Topographic Quadrangles If we have not heard from you in 30 days we will assume that our species list and site determination are correct that you do not have any comments regarding associated laws and that you do not have any information relevant to this protect at the current time 0 1430 South Mint Street Suite 104 Charlotte NC 28203 (P) 704 332 7754 (F) 704 332 3306 0 We thank you in advance for your timely response and cooperation Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project Sincerely 0 Matt L Jenkins PWS Environmental Scientist Attachment Figure 1 USGS Topographic Map 0 0 2 0 0 September 12 2011 Andrea Eckardt — Project Contact Wddlands Engineering Inc 1430 South Must Street Suite 104 Charlotte, North Carolina 28203 Subject. Task 1 Categorical Exclusion Byrds Creek Mitigation Site (EEP #95020) Neuse River Basin — CU# 03020201 Person County North Carolina Contract No 003987 Dear Mrs Eckardt- Attached please find the original, approved Categorical Exclusion Form (Part 1 only) for the subject full delivery project. Please include this original Categorical Exclusion (Part 1) in your Mitigation Plan I have also approved your invoice in the amount of $76 764 75 (5% of contract value) for completion of the Task 1 deliverable If you have any questions or wish to discuss this matter further please contact me at any time I can be reached at (919) 715 1359 or via email at perry sugg@a.ncdenr goy Sincerely Perry Sugg EEP Project Manager cc file Pwtibratg EK&VtCwtg Prot" owfta& HCDEHR • North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 115 0476 / YNm nceep net F 0 0 Categorical Exclusion Form for Ecosystem Enhancement Program Projects Version 1 4 Note Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document AUG 2 3 2011 NC ECOSYSTEM ENHANCEMENT PROGRAM 1: General Project Information Project Name Byrds Creek Mitigation Site A O County Name Person County EEP Number Contract Number 003987 RFP16- 003624 Project Sponsor Wildlands Engineering Inc Project Contact Name Andrea Eckardt Project Contact Address 1430 S Mint Street Suite 104 Charlotte NC 28203 Project Contact E -mail aeckardt@Wdlandseng coin EEP Project Mana er Perry SUN Project Description The Byrds Creek Mitigation Site is a stream mitigation project located in southern Person County NC immediately south of the Town of Hurdle Mills The project is located on Byrds Creek and five of its tributaries The project will provide stream mitigation units to NCEEP in the Neuse River Basin (03020201) The mitigation project involves a combination of stream For Official Use Only Reviewed By 1 - V, Date r ect Manager Conditional Approved By Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By Date For Division A ministrator FHWA AUG 2 3 2011 NC ECOSYSTEM ENHANCEMENT PROGRAM 11 L Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) The Comprehensive Environmental Response Compensation and Liability Act (CERCLA) provides a Federal Superfund to clean up uncontrolled or abandoned hazardous waste sites as well as accidents spills and other emergency releases of pollutants and contaminants into the environment The Byrds Creek Mitigation Site is a full delivery project an EDR Radius Map Report with Geocheck was ordered for the site through Environmental Data Resources Inc Neither the target property nor the adjacent properties were listed in any of the Federal State or Tribal environmental databases searched by EDR There were no known or potential hazardous waste sites identified within or immediately adjacent to the project area The Executive Summary of the EDR report is included in the Appendix The full report is available if needed National Historic Preservation Act (Section 106) The National Historic Preservation Act declares a national policy of historic preservation to protect rehabilitate restore and reuse districts sites buildings structures and objects significant in American architecture history archaeology and culture and Section 106 mandates that federal agencies take into account the effect of an undertaking on a property that is included in or is eligible for inclusion in the National Register of Historic Places Wildlands Engineering Inc (WEI) requested review and comment from the State Historic Preservation Office (SHPO) with respect to any archeological and architectural resources related to the Byrds Creek Mitigation Site on July 8 2011 SHPO responded on July 21 2011 and determined that the project as proposed will not have an effect on any historic structures They also requested we obtain a permanent state site number for the mill dam that is located in the undisturbed area This number (31PR129) was obtained on August 18 2011 All correspondence related to Section 106 is included in the Appendix Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) These acts collectively known as the Uniform Act provide for uniform and equitable treatment of persons displaced from their homes businesses non profit associations or farms by federal and federally assisted programs and establish uniform and equitable land acquisition policies • Byrds Creek Mitigation Site is a full delivery project that includes land acquisition Notification of the fair market value of the project property and the lack of condemnation authority by WEI was included in the signed and recorded option agreement for the project property A copy of the relevant section of the option agreement is included in the Appendix Endangered Species Act (ESA) Section 7 of the ESA requires federal agencies in consultation with and with the assistance of the Secretary of the Interior or of Commerce as appropriate to ensure that actions they authorize fund or carry out are not likely to jeopardize the continued existence of threatened or endangered species or result in the destruction or adverse modification of critical habitat for these species WEI requested review and comment from the United States Fish and Wildlife Service (USFWS) on June 30 2011 in respect to the Byrds Creek Mitigation Site and its potential impacts on threatened or endangered species Based on a pedestrian survey of the project area no individual species critical habitat or suitable habitat was found to exist on the site It is WEI s position that for the Person County 0 listed endangered species which includes the dwarf wedgemussel (Alasmidonta heterodon) the Byrds Creek Mitigation Site s biological conclusion is no effect The dwarf wedgemussel s record status is listed as obscure At this time USFWS has not responded All correspondence sent to USFWS is included in the Appendix Farmland Protection Policy Act (FPPA) The FPPA requires that before taking or approving any federal action that would result in conversion of farmland the agency must examine the effects of the action using the criteria set forth in the FPPA and if there are adverse effects must consider alternatives to lessen them The Byrds Creek Mitigation Site includes the conversion of prime farmland As such Form AD 1006 has been completed and submitted to the Natural Resources Conservation Service (MRCS) The completed form and correspondence documenting its submittal is included in the Appendix 0 Fish and Wildlife Coordination Act (FWCA) The FWCA requires consultation with the USFWS and the appropriate state wildlife agency on projects that alter or modify a water body Reports and recommendations prepared by these agencies document project effects on wildlife and identify measures that may be adopted to prevent loss or damage to wildlife resources The Byrds Creek Mitigation Site includes stream restoration and enhancement WEI requested comment on the project from both the USFWS and the North Carolina Wildlife Resources Commission ( NCWRC) on June 30 2011 NCWRC responded on July 22 2011 and stated they do not anticipate the project to result in significant adverse impacts to aquatic and terrestrial wildlife resources USFWS has not responded All correspondence regarding the FWCA is included in the Appendix Migratory Bird Treaty Act (MBTA) The MBTA makes it unlawful for anyone to kill capture collect possess buy sell trade ship import or export any migratory bird The indirect killing of birds by destroying their nests and eggs is covered by the MBTA so construction in nesting areas during nesting seasons can constitute a taking WEI requested comment on the Byrds Creek Mitigation Site from the USFWS in regards to migratory birds on June 30 2011 USFWS has not responded All correspondence sent to USFWS is included in the Appendix 0 9 • WILDr.AtvnS ENGINEERING July 8 2011 Renee Gledhill Earley State Historic Preservation Office 4617 Mail Service Center Raleigh NC 27699 4617 • Subject EEP Stream mitigation project in Person County Byrds Creek Mitigation Project Dear Ms Gledhill Earley The Ecosystem Enhancement Program (EEP) requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential stream restoration project on the attached site (USGS site map with approximate areas of potential ground disturbance is enclosed) The Byrds Creek site has been identified for the purpose of providing in kind mitigation for unavoidable stream channel impacts Several sections of channel have been identified as significantly degraded Recently we contracted with New South Associates to perform an in office historical and archaeological screening of the Byrds Creek site Maps from 1891 1922 1928, and 1938 show no historic buildings in the protect footprint A review of the archaeological sites files at the North Carolina Office of State Archaeology (OSA) revealed that there were no previously recorded sties in the tracts and that there had been no mayor surveys in the vicinity The mayor soil type in the project area is sloped eroded upland soils labeled Georgeville loam with low potential for the preservation of archaeological sites The project footprint is limited to either existing streams or eroded upland gulleys There is a portion of an old mill dam on the upper reach of Byrds Creek within the project area (but not ground disturbance area) This section of the protect is designated as preservation and therefore will not be disturbed as part of the project There are no other structures associated with the mill on the site We ask that you review this site based on the attached information to determine the presence of any historic properties • 1430 South Mint Street Suite 104 Charlotte NC 28203 (P) 704 332 7754 (F) 704 332 3306 WILDLANDS ENGINEERING We thank you in advance for your timely response and cooperation Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project Sincerely • Andrea S Eckardt Senior Environmental Planner a • 1430 South Mint Street Suite 104 Charlotte NC 28203 (P) 704 332 7754 (F) 704 332 3306 0 Beverly Eaves Perdue Governor Luida A. Carlisle, Secretary Jeffrey j Crow Deputy Secretary July 21 2011 Andrea Eckardt Wildla.nds Engineering 1430 South Mint Street Suite 104 Charlotte NC 28203 ®r-. North Carohna Department of Cultural Resources State Historic Preservation Office Claudia Brown Acting Administrator Re Byrds Creek Mitigation Project, Person County ER 11 1409 Dear Ms Eckardt- Thank you for your letter of July 8, 2011 concerning the above project. Office of Archives and History Division of Historical Resources David Brook, Director While we have no comment on the mitigation project as proposed, we ask that your archaeological contractor New South contact Site Registrar Susan Myers (susan mvers(c�7ncdcr gov, 919/807 6556) to obtain a permanent state site number for the mill dam and complete a site form for it Although it is within a section of the project designated as preservation, we would like to record its presence for future reference and to add to our knowledge of the area 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, please contact Renee Gledhill Earley, environmental review coordinator at 919 807 6579 In all future communication concerning this project, please cite the above referenced tracking number Sincerely WdUl-&DLO, 6="Claucha Brown Location 109 East Jones Street, Raleigh NC 27601 Address. 4G] 7 Mail • M�1°R Service Center Raleigh NC 27699 4617 Telephone /Fax. (919) 807 - 6570/807 -6599 7 Cattle present in Byrds Creek. Byrds Creek bank erosion. Typical floodplain conditions. No buffer on Byrds Creek. Incised banks on Byrds Creek. ;7 Widened channel from livestock watering.