The URL can be used to link to this page

Home My WebLink About20110720 Ver 2_USACE Correspondence_20130116REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 January 15, 2012 Regulatory Division/1200A Action ID No. SAW- 2012 -00294 Mr. Tommy Cousins Environmental Banc & Exchange, LLC 909 Capability Drive, Suite 3100 Raleigh, North Carolina 27606 Dear Mr. Cousins. ii »ao NEU - Q)'�J 3/� r,M 9*)4 Ofv�qc� This letter serves as the initial evaluation for the proposed Cedar Grove Mitigation Site Prospectus, which was received on November 1, 2012 The Cedar Grove Mitigation Site is proposed for inclusion into the Neu -Con Wetland and Stream Umbrella Mitigation Bank. The proposed plans are to restore approximately 6,202 linear feet of stream channel, establish a conservation easement and monitor the site for 7 years. A public notice for the proposed mitigation bank was issued on November 7, 2012, and the written comments from several of the Interagency Review Team (IRT) members, the State Historic Preservation Office (SHPO), and one adjacent property owner were received and are included as an attachment to this letter. Based on our review of the prospectus, our previous site visits to the proposed site and the written comments provided in response to the public notice, we have determined that we will accept a draft amendment and mitigation plan for the proposed Cedar Grove Mitigation Site. Please consider all the attached comments as you prepare your draft mitigation banking amendment and mitigation plan. Also, please consider the following comment from The Corps of Engineers. 1) We are concerned about the inclusion of ephemeral channels and the proposal to restore them for mitigation credit Please insure that the mitigation plan includes a thorough discussion regarding the proposed source and duration of hydrology within these features Additionally, please be aware that the IRT still needs to determine the amount of credit given for these features 2) We are concerned about the pond in the central portion of the site Specifically, we are concerned about the long term management of this pond and its long term effects on hydrology and channel morphology of UT2. Please provide a thorou L911(9L9UVy S, D JAN 1 6 2013 NR - WATER 5011TY ` mitigation plan Upon receipt of a draft mitigation banking amendment and mitigation plan for this project, we will review these documents and make a determination regarding whether they are complete as described in 33 CFR Part 332 8 (d)(6). Please contact me at 919 -554 -4884, extension 26, if I can be of any assistance Sincerely, 4AW Ali" Andrew Williams Regulatory Project Manager Raleigh Regulatory Field Office Attachments Copies Furnished (w /attachments) Eric W. Kulz N.C. Division of Water Quality Program Development Unit 1650 Mail Service Center Raleigh, NC 27699 -1650 Jeffrey Garnett USEPA REGION 4 61 Forsyth Street, S W Mail Code: 9T25 Atlanta, GA 30303 -8960 Shari Bryant NC Wildlife Resources Commission Habitat Conservation Program P.O. Box 129 Sedalia, North Carolina 27342 -0129 Kathy Matthews US Fish and Wildlife Service Raleigh Field Office P O. Box 33726 Raleigh, North Carolina 27636 -3726 Martin Richmond NC Division of Water Quality Surface Water Protection Section Raleigh Regional Office 3800 Barrett Drive, Raleigh NC 27609 Renee Gledhill- Earley Environmental Review Coordinator North Carolina State Historic Preservation Office 4617 Mail Service Center Raleigh, North Carolina 27699 -4617 Todd Tugwell Regulatory Project Manager U S. Army Corps of Engineers 11405 Falls of Neuse Road Wake Forest, North Carolina 27587 �PSMES+ropy�'y United States Department of the Interior y ` c FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 �4RCH 33 ,m'0 Raleigh, North Carolina 27636 -3726 November 20, 2012 Mr Andy Williams U. S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Subject, Environmental Banc & Exchange, LLC: Cedar Grove Mitigation Site Neu -Con Umbrella Mitigation Bank. Orange County, NC Action ID #SAW- 2012 -00294 Deai Mr. Williams: i NOV1 2 6 2012 yI o QQ,.,`' :i 5 This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the November 7, 2012 Public Notice, requesting comments on the mitigation plan for the Cedar Grove Mitigation Sitd, which is proposed to be included in the Neu -Con Umbrella Bank by Environmental Banc & Exchange, LLC (EBX), In the public notice, the Corps has made a determination that there will be no effect to threatened and endangered species from the proposed project. The Service has reviewed the public notice and the mitigation plan for the project. These continents aie submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat 401, as amended; 16 U.S.C. 661 - 667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to Section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531- 1543). Project Area and Proposed Activities The project area is a 131.5 -acre parcel, located northwest of Hillsborough along the East Fork Eno River, in the Neuse River watershed (03020201). Historically, the project site was a golf course and driving range, and ponds were constructed along the channel. The project sponsor proposes to restore approximately 3,781 linear feet of poiennial streams, 1,541 linear feet of intermittent streams, and 880 linear feet of piped of 2 otherwise altered ephemeral channels. A 63 -acre conservation easement, including a 200 -foot buffet around most of the streams, is proposed A 1.1 mitigation ratio is proposed for all restored stream reaches The proposed Geographic Service Area (GSA) is the entire Neuse River watershed (03020201) Federally Protected Species The Service has reviewed available information on federally- threatened or endangered species known to occur in Orange County. As we stated in our February 16, 2012 letter, it appears that the project 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 manlier that was no considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. General Comments Although we appreciate the value of ephemeral channels in the removal of nutrients and other potential pollutants in runoff, it is unclear in the prospectus how the ephemeral channels will be madejurnsdictional under the Clean Water Act (CWA), and therefore eligible for mitigation credit. The source of water and expected hydrology of the stream reaches should be thoroughly discussed in the mitigation plan. After reviewing this information, the IRT should discuss whether and how much credit should be given for each stream reach. On Page 14, the prospectus states that the central pond (Pond C) will have a separate conservation easement (CE) which restricts the use of the pond for irrigation purposes, and requires the primary pond outfall to pull water from the bottom portion of the water column. Although the pond is subject to the Neuse River Buffer Rules, it doesn't appear that the buffer around Pond C will be planted with vegetation or protected from vegetation removal. The plans and restrictions for this central pond should be clarified in future documents. We assume that the Umbrella Mitigation Banking Instrument (MBI) for the Neu -Con Umbrella Mitigation Bank may need to be revised to incorporate this bank in the Upper Neuse watershed. We look forward to working with the IRT agencies on the review of the mitigation plan and the UMBI for this bank site. Thank you for the opportunity to review and provide comments on the proposed action. If you have any questions regarding the project, please contact Kathy Matthews at (919) 856 -4520, extension 27 or katluyi-�_matthews@fws.gov. Since bj 4/0 J/ r� Pete 4enjamin Field Supeivisor cc: Eric Kulz, NCDENR, Raleigh Shari Bryant, NCWRC 3 North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M Bartos, Adrramstrator BeNerly Eaves Perdue, GoN cr or LmdaA Carlisle, Secretary Jeffrey J Crow, Deputy Secretary December 4, 2012 Andre -,v Williams Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 RECEIVED DEC 0 4 2012 Office of Archives and I listory Division of l-listoncal Resources David Brook, Director Re Ceder Giove Mitigation Site, McDade Store Road, SAW 2012 - 000294, Orange County, ER 12 -0178 Dear Mr Williams We have received a public notice from the US Army Corps of Engineers concerning the above project We have conducted a review of the project and we believe the Shoreline Management Plan adequately addiesses our concerns for historic resources, Therefore, we have no comment on the project as pioposed 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 conceining the above comment, please contact Renee Gledlull- Earley, environmental review coordinator, at 919 -807 -6579. In all future communication concerning this project, please cite the above - referenced tracking number. Sincerely, R_kn_V_ vAud 'Q Ramona M Bartos Location 109 East Jones Street, Ralcigh NC 27601 Mailing Address 4617 Mail Scn ice Center, R high NC 27699 4617 Telephone /Fax ()19} 807- 6570/807 -6599 December 6, 2012 Mr Andrew Williams Raleigh Regulatory Field Office US Army Corps of Engineers Wilmington District 3331 Heritage Tiade Drive, Suite 105 Wake Forest, NC 27857 RE Cedar Grove Mitigation Site (SAW- 2012- 00294) Dear Mr Williams RECEIVEC DEC 0 7 2012 RALEIGH REGULATORY FIELD OFFICE The Public Notice regarding this project identifies the location of the proposed work to include three (3) ponds. As an adjoining property owner, there is concern of the involvement and impact this project may have for the pond on the property line. This pond is utilized by our farm operator as a source of water for irrigating tobacco (Margaret Anderson Heirs farm & Marvin and Diane Anderson Pope property) Please advise as to whether this pond will be affected by this project and if so how will our portion be preserved for the farming operation Sin�cceerely, Marvin T Pope Diane Anderson Pope 109 E Laramie Drive Mebane, NC 27302 919 -563 -6084 mpope3 @mebtel net ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO Andiew Williams, U.S Army Corps of Engineers Raleigh Regulatory Field Office FROM Shari L Bryant, Piedmont Region Coordinator Habitat Conservation Program DATE 7 December 2012 SUBJECT. Public Notice for Environmental Banc & Exchange, LLC — Prospectus for the Cedar Grove Mitigation Site, Neu -Con Umbrella Mitigation Bank, Orange County, North Carolina Corps Action ID # SAW- 2012 -00294 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject prospectus and we are familiar with the habitat values of the area. Our comments are provided in accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination Act (48 Stat 401, as amended, 16 U S C 661- 667e), and North Carolina General Statutes (G S 113 -131 et seq ) Environmental Banc & Exchange, LLC (Sponsor) proposes to establish the Cedar Grove Mitigation Site under the terms and conditions of the Neu -Con Wetland and Stream Umbrella Bank. The Sponsor plans to restore 3,781 linear feet of perennial streams, 1,541 linear feet of intermittent streams, and 880 linear feet of piped or otherwise altered ephemeral channels The purpose of the mitigation site is to provide stream, buffer, and nutrient offset mitigation The proposed mitigation ratio is 1. 1, and a total of 7,270 stream credits may be available Primary goals for the site are to improve water quality, enhance flood attenuation, and restore wildlife habitat The Sponsor would establish a conservation easement and monitor the site for a minimum of 7 years East Fork Eno River and its tributaries in the Neuse River basm flow through the site There are records for the state threatened creeper (Strophitus undulatus) and state special concern notched rainbow (VdIosa constricta) in East Fork Eno River According to the prospectus, there are six ponds and seven streams on the site, no wetlands were found The mitigation site is 1315 acres and is currently an mactive golf course and driving range A conservation easement will be placed on 63 acres, the remaining 68 5 acres will consist of a low- density subdivision with three single- family lots that are a mmimum of 28 acres One stream crossing is proposed for access along the existing dam of a pond that will be drained. The crossing will be rebuilt with larger culverts and floodplam pipes. The subdivision plat will be developed in conjunction with the Mitigation Plan An additional easement will be placed on the large pond in the center of the site. The pond easement will restrict the use of the Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699 -1721 Telephone: (919) 707 -0220 • Fax: (919) 707 -0028 I . Page 2 7 December 2012 Cedar Grove Mitigation Bank Corps Action ID# SAW- 2012 -00294 pond for irrigation purposes and require the primary pond outfall to pull water from the bottom portion of the water column Removing culverts and crossings, daylighting streams, restoring stream channels, removing impoundments, and re- vegetating riparian buffers would provide water quality benefits, and additional aquatic and terrestrial wildlife habitat on the site. While we are pleased to see the Sponsor is proposing to maintain 200 - foot iiparian buffers along the stream channels within the site, one of our concerns is the pond located in the center of the site and its impact to downstream hydrology and aquatic habitat More discussion regarding the pond, its management, protection and/or restoration of the riparian areas adjacent to the pond, and the proposed easement around the pond should be included in the Mitigation Plan. Ideally the dam would be removed to restore the natural hydrology of the watershed and remove a barrier to aquatic life. However, if the dam is not removed, then we offer the following comments or recommendations to minimize the effects of the pond on downstream hydiology, and aquatic and teirestrial wildlife habitat within and adjacent to the pond • If the pond has a minimum flow release, then this information should be included in the Mitigation Plan • If the pond does not have a mmimuin flow release, then please include information on the 7Q10 for this stream and how the downstream hydrology below the pond's dam will be maintained To the extent practicable, we recommend maintaining a natural flow regime downstream of the darn by having inflow into the impoundment equal outflow. During the summer months particularly, off - stream uses (e g , irrigation) or other factors (evaporation, infiltration, etc ) could affect outflow from the dam and subsequently impact downstream water quality and aquatic habitat • Consider monitoring the discharge to ensure inflow equals outflow, and to compare upstream and downstream temperature and dissolved oxygen • Although the pond is not being included in the bank, the Neuse River Riparian Buffer Rules apply Therefore, consider establishing a 30 -50 -foot forested riparian buffer around 60 -75% of the pond's shoreline (but not on the dam or emergency spillway), or allowing this area to revert naturally to a forested area This would provide shading that would improve aquatic habitat within the pond, and also help to reduce water temperatures within the pond, and possibly downstream Although not necessarily part of the purpose of a mitigation bank, creating a forested buffer around the pond would provide connectivity between upstream and downstream terrestrial habitats by providing travel corridors for wildlife species • Develop a plan to manage sediment behind the darn Potential examples include periodic flushes (thorough sediment analysis and prior assessment of the foreseeable effects of releasing sediment must be included) and sediment removal (passive techniques are preferred such as sediment trapping devices) Thank you for the opportunity to comment on this prospectus If we can provide further assistance, please contact our office at (336) 449 -7625 or shari bryant @ncwildlife com. ec Eric Kulz, NCDWQ Kathy Matthews, USFWS