20210467 Ver 1_Mitigation Evaluation_20210503

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
551-F Pylon Drive
Raleigh, North Carolina 27606
March 18, 2021
Samantha Dailey
U.S. Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Eco Terra Neuse 01 UMBI (Auctioneer Forest Mitigation Bank) / SAW-2020-01752/ Wayne Co.
Dear Mrs. Dailey:
The U.S. Fish and Wildlife Service (Service) has reviewed the project advertised in the above
referenced Public Notice. The project, as advertised in the Public Notice, is expected to have
minimal adverse impacts to fish and wildlife resources. Therefore, we have no objection to the
activity as described in the permit application.
In accordance with the Endangered Species Act of 1973, as amended, (ESA) and based on the
information provided, and other available information, it appears the action 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 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.
For your convenience a list of all federally protected endangered and threatened species in North
Carolina is now available on our website at <http://www.fws.gov/raleigh>. Our web page contains
a complete and updated list of federally protected species, and a list of federal species of concern
known to occur in each county in North Carolina.
The Service appreciates the opportunity to review and provide comments on the proposed action.
Should you have any questions regarding the project, please contact Kathy Matthews at (919) 856-
4520, extension 27.
Sincerely,
for Pete Benjamin,
Field Supervisor
cc: NMFS, Beaufort, NC
EPA, Atlanta, GA
WRC, Raleigh

Memorandum to the Record
March 23, 2021
Agency Comments for the Eco Terra Neuse 01 (Auctioneer Forest) Umbrella
Mitigation Bank Draft Prospectus in Wayne County, NC
DA#: SAW-2020-01752 (Public Notice dated March 12, 2021)
Sam,
Thank you for the opportunity to provide feedback and comments on the Eco Terra Neuse 01
Umbrella Mitigation Bank (UMB) — Draft Prospectus to establish a single site (Auctioneer
Forest) in Wayne County, North Carolina. Eco Terra Partners, LLC, the sponsor, proposes to
develop this private commercial mitigation bank in the Neuse River Basin, 8-digit Hydrologic
Unit Code 03020201. The Umbrella Bank currently includes one project site named Auctioneer
Forest Mitigation Bank (AFMB). Eco Terra has presented a potentially suitable plan to provide
compensatory mitigation for jurisdictional wetland impacts associated with the US Army Corps
of Engineers Clean Water Act Section 404 permit program. Preliminary mitigation estimates are
that the AFMB will produce 14.23 Wetland Mitigation Units in the Neuse River 01 Geographic
Service Area.
Note: It is understood that site visits may have been made by IRT members and other project
managers during the development of site feasibility to provide mitigation credit. In that regard, I
feel it is necessary to mention that I have not been on -site during this process and that my
comments may reflect a lack of on -site observation and evaluation.
The EPA Region 4 Oceans, Wetlands and Streams Protection Branch offers the following site -
specific comments as they pertain to the Auctioneer Mitigation Bank — Draft Prospectus dated
February 2021 and the Public Notice for SAW-2020-01752 dated March 12, 2021:
1. General: The draft prospectus states that the bank name is Auctioneer Forest
Mitigation Bank and has only a single site; Auctioneer Forest. The current public
notice for an umbrella mitigation bank states that the bank name is the Eco Terra
Neuse 01 Umbrella Mitigation Bank. It appears on the surface that the prospectus
is for a single site called AFMB with no hint of this being an UMB. Whether this
project is part of an umbrella bank or a bank with a single site, I highly
recommend choosing a name and instrument type and being consistent to avoid
confusion.
2. General: Recommend adding the latest jurisdictional determination of waters in
adjacent parcels to determine if this site will maintain jurisdiction and not be
considered an isolated feature when the wetland area is reestablished.

Table 1/Page 3: Will the ditches be plugged or filled? Are the waters in the
adjacent forest jurisdictional with a connection to the wetland proposed for
reestablishment?
4. Current Ownership/Page 4 and Appendix A: Please note and correct the date of
the purchase agreement for Julia Sue Dunn. The signed date and the notarized
date do not match.
5. Existing Conditions/Page 9: Recommend verifying status of UT to Falling Creek
with a NCSID form or similar approach to ensure jurisdiction maintained. The
adjacent wetland forest may be keeping JD intact, but this should be confirmed.
6. Page 10: Recommend adding a citation for the population statistic presented. Not
sure if this is from the Neuse RBRP update of 2018 or not.
7. Page 11: Without a drainage area map to consult, it is difficult to determine where
the currently drained locations to the east of the project will go once the ditches
within the project are plugged/filled. The LiDAR image suggests that the
land/pasture to the east will not drain well and could create wetter soil conditions
for the landowner.
Page 12: The upland buffer along the pasture perimeter is an excellent feature for
minimizing encroachment and detrimental effects of the continued pasture use for
livestock and land application of hog lagoon effluent. Recommend 50-foot
minimum width.
9. Page 13: Please list the name of the airport (Cox -Grantham Airfield) in the
discussion of aviation considerations.
10. Page 13: In the discussion of taking the perimeter ditches out of service, please
include if they will be plugged or filled entirely. Current description alludes to
both.
11. Table 5/Page 14: Will other species along with longleaf pine be planted in the
upland ridge? Be sure to add the wetland indicator status for each species
considered in the draft mitigation plan.
12. Page 15: With so little of the site (if any) receiving runoff from the adjacent
pasture, how will Falling Creek receive fewer pollutants if those pollutants will
now just be concentrated to run offsite to the north via the existing ditch system?
It seems that the only actual functional uplift will be to the restored parcel itself.
The claim of the reduction in sediment, nutrients and fecal coliform seems
dubious unless there is a significant reduction in the adjacent land use for pasture
and land application of hog lagoon waste.
13. Page 18: Recommend a slight change in the verbiage of the bank going into long-
term management. The "bank" will not go into long-term stewardship until all
performance standards are met along with IRT approval following site closeout.

14. General: Recommend the sponsor add the wetland category type going forward
(riparian or non -riparian).
Thank you for the opportunity to provide feedback, comments, and concerns with the Eco Terra
Neuse 01 UMB — Draft Prospectus in Wayne County, NC. Eco Terra has provided a potentially
suitable plan to restore and greatly improve wetland function within the project and provide
14.23 Wetland Mitigation Units in the Neuse River 01 Geographic Service Area. If you or the
sponsor have any questions or need clarification on any of the comments stated above, please
contact me at 404-562-9225 or at [e-mail].
Best Regards,
Todd Bowers
Comments submitted to Samantha Dailey (SAW -PM) and IRT Chair via email on March 23,
2021

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Secretary D. Reid Wilson
April 26, 2021
Samantha Dailey samantha.j.daileykusace.army.mil
U.S. Army Corps of Engineers — Wilmington District
Charlotte Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Re: Auctioneer Forest Mitigation Bank, 35.271772,-78.262661, Mount Olive, Wayne County,
ER 21-0709
Dear Ms. Dailey:
Thank you for your email of March 12, 2021, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
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 919-814-6579
or environmental.reviewkncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona 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: [phone]-6898

\I� DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
- WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
May 3, 2021
Regulatory Division
Action ID No. SAW-2020-01752
Re: NCIRT Initial Review of the Eco Terra Neuse 01 Umbrella Mitigation Banking
Instrument, Auctioneer Forest Mitigation Site Prospectus
Mr. Ted Griffith
Eco Terra Partners, LLC
1328 Dekalb Avenue
Atlanta, Georgia 30307
Dear Mr. Griffith:
This letter is in regard to your prospectus document dated February 2021, for the
proposed Eco Terra Neuse 01 Umbrella Mitigation Bank and Auctioneer Forest Mitigation
Site. The proposal consists of the establishment and operation of a commercial umbrella
mitigation bank, and the associated 16.1 acre Auctioneer Forest Mitigation Site, located
at 362 S. Jordans Chapel Road, in Mount Olive, Wayne County, North Carolina
(35.271772° N,-78.262661 ° W). The proposed Auctioneer Forest Mitigation Site would
include wetland restoration activities within the Falling Creek watershed, in the Neuse
River Basin (8-digit hydrologic unit code (HUC): 03020201).
The Corps determined the Prospectus was complete and issued a public notice (P/N
# SAW-2020-01752) on March 12, 2021. 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, the North Carolina Department of
Natural and Cultural Resources State Historic Preservation Office, and the U.S.
Environmental Protection Agency.
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 on
December 9, 2020. 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 03020201 of the Neuse River. Therefore, the bank sponsor may proceed with
preparation of a draft Umbrella Mitigation Banking Instrument (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.DaileyCcD-usace.army.mil or telephone
[phone], Extension 22
Sincerely,
Samantha Dailey
Regulatory Project Manager
Raleigh Regulatory Field Office
Electronic Copies Furnished:
NCIRT Distribution List

From:
Davis. Erin B
To:
Baker, Caroline D
Subject:
FW: [External] SAW-2020-01752 / Eco Terra Partners, LLC / Eco Terra Neuse 01 UMBI / Auctioneer Forest
Mitigation Site / Initial Evaluation Letter
Date:
Monday, November 1, 2021 10:51:30 AM
Attachments:
20210318 USFWS Comment Letter.odf
20210323 EPA Comment Letter.odf
20210426 NC SHPO Comment Letter.Ddf
Initial Evaluation Letter Auctioneer Forest Mitigation Bank.pdf
Laserfiche Upload: Email & Attachments
DWR#: 20210467 v.l
Doc Type: Mitigation Evaluation
-----Original Message -----
From: Dailey, Samantha J CIV USARMY CESAW (USA) [mailto:[e-mail]]
Sent: Monday, May 3, 2021 11:44 AM
To: Scott Frederick <[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (US)<[e-mail]>; Kim Browning
<[e-mail]>; Haywood, Casey M CIV (USA)
<[e-mail]>; Davis, Erin B <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Bowers, Todd <[e-mail]>
Subject: [External] SAW-2020-01752 / Eco Terra Partners, LLC / Eco Terra Neuse 01 UMBI / Auctioneer Forest
Mitigation Site / Initial Evaluation Letter
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:report.snamnnc.gov>
Good morning Scott,
Attached is the Initial Evaluation Letter for:
SAW-2020-01752 / Eco Terra Partners, LLC / Eco Terra Neuse 01 UMBI / Auctioneer Forest Mitigation Site /
Wayne 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 note, the IRT requests the Auctioneer Forest Mitigation Bank be changed to "Site" to help separate the
UMB and actual Actioner Forest site addition.
Please let me know if you have any questions or concerns.
Best Regards,
Sam
Samantha Dailey
Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 22

[e-mail]