20211669 Ver 1_Initial Evaluation Letter_20211105

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON. NORTH CAROLINA 28403-1343
November 5, 2021
Regulatory Division
Action ID No. SAW-2015-01815
Re: NCIRT Initial Review of the Clearwater Mitigation — Neuse 01 Umbrella Mitigation
Banking Instrument & Lowlands Mitigation Site Prospectus
Mr. Kevin Yates
Clearwater Mitigation
604 Macon Place
Raleigh, NC 27609
Dear Mr. Yates:
This letter is regarding your prospectus documents for the proposed Neuse 01
Umbrella Mitigation Bank and Lowlands Mitigation Site. The proposal consists of the
establishment and operation of a commercial umbrella mitigation bank, and the
associated 76-acre Lowlands Mitigation Site, within the Neuse River watershed and is
located along Guin Road, near the Town of Four Oaks, in Johnston County, North
Carolina (35.4210 N,-78.3480). The proposed bank would include stream and wetland
restoration and enhancement activities within the Upper Neuse River Basin (03020201
HUC).
The Corps determined the Prospectus was complete and issued a public notice (P/N
MBSAW-2015-01815) on August 23, 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 State Historic Preservation
Office, the Cherokee Nation Tribal Historic Preservation Office, and the Catawba Indian
Nation 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 on
December 9, 2020. We have determined that the proposed umbrella mitigation bank
appears to have the potential to restore and enhance aquatic resources within the 8-
digit HUC 03030201 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 understand that this is an unusual project in that the first site was already
constructed as a permittee-responsible mitigation site. As such, we will coordinate with
you during the process of developing the draft UMBI to ensure that all provisions
appropriately reflect the circumstances. 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
Todd. Tugwel l(a)-usace. army. m i I or telephone [phone].
Sincerely,
Todd Tugwell
Mitigation Project Manager
Regulatory Division
Electronic Copies Furnished:
NCIRT Distribution List

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
CESAW-RG/Tugwell
MEMORANDUM FOR RECORD
November 5, 2021
SUBJECT- Action ID No. SAW-2015-01815, Comments Received in Response to the
Public Notice for the Clearwater Mitigation — Neuse 01 Umbrella Mitigation Banking
Instrument & Lowlands Mitigation Site Prospectus
Elizabeth Toombs, Cherokee Nation, September 21, 2021- SEE ATTACHED
COMMENTS
Wenonah Haire, Catawba Indian Nation, October 5, 2021- SEE ATTACHED
COMMENTS
Renee Gledhill -Earley, State Historic Preservation Office, September 28, 2021- SEE
ATTACHED COMMENTS
Kathy Matthews, USFWS, August 25, 2021- SEE ATTACHED COMMENTS
NC Interagency Review Team Comments, June 10, 2021- SEE ATTACHED MEETING
MINUTES
Todd Tugwell
Mitigation Project Manager
Regulatory Division

Dailey, Samantha J CIV USARMY CESAW (USA)
From: Elizabeth Toombs <[e-mail]>
Sent: Tuesday, September 21, 2021 11:01 AM
To: Dailey, Samantha J CIV USARMY CESAW (USA)
Subject: [Non-DoD Source] RE: U.S. Army Corps of Engineers Public Notice
Ms. Dailey:
The Cherokee Nation recently received a review request for Johnston County, North Carolina. Johnston County is outside
the Cherokee Nation's Area of Interest. Thus, this Office respectfully defers to federally recognized Tribes that have an
interest in this landbase at this time.
Thank you for the opportunity to comment upon this proposed undertaking. Please contact me if there are any
questions or concerns.
Wado,
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation
Tribal Historic Preservation Office
PO Box 948
Tahlequah, OK 74465-0948
918.453.5389
From: CESAW-PublicNoticeList <[e-mail]>
Sent: Monday, August 23, 2021 10:47 AM
Subject: <EXTERNAL> U.S. Army Corps of Engineers Public Notice
As you requested, you are hereby notified that Wilmington District, United States Army Corps of Engineers has issued a
Public Notice. The ADOBE ACROBAT format of this document can be found on the RIBITS website for viewing, printing,
or downloading: https://ribits.ops.usace.army.mil/ords/f?p=107:2

<Blockedhttps://ribits.ops.usace.army.miI/ords/f?p=107:2> :::::: (be sure to copy the entire link, which also includes the
dots at the end).
To access the public notices, first select the Wilmington District from the Filter View drop -down menu in the lower left-
hand column, and then select the link for Bank & ILF Establishment under the Menu section on the left-hand side. Scroll
down to the heading for Current Public Notices for Wilmington District Mitigation Activities and select the link for the
appropriate project as listed above.
The current notice involves:
Corps Action ID#: SAW-2015-01815
Bank Sponsor: Clearwater Mitigation Solutions, LLC (Mr. Kevin Yates)
Project Name: Clearwater Neuse 01 Lowlands UMBI, Lowlands Mitigation Site (Johnston County)
Issue Date: August 23, 2021
Expiration Date: September 22, 2021
Point of Contact: Samantha Dailey
Project Description: The Wilmington District, Corps of Engineers (Corps) received a prospectus describing the
establishment of an umbrella compensatory mitigation bank, known as the Clearwater Neuse 01 Lowlands Umbrella
Mitigation Banking Instrument, Lowlands Mitigation Site (Site). The Site was part of a permittee responsible mitigation
plan that was abandoned in 2020 and is currently in Year 4 Monitoring. The Bank Sponsor, Clearwater Mitigation
Solutions, LLC, has restored, enhanced, and preserved approximately 76 acres of wetland that would be used to offset
impacts authorized as part of future Federal and State permits, located in the Hydrologic Unit Code 03020201 of the
Neuse River Basin. The 76-acre Lowlands Mitigation Site is located along Guin Road, in Four Oaks, in Johnston County,
North Carolina.

Catawba Indian Nation
Tribal Historic Preservation Office
1636 Tom Steven Road
Rock Hill, South Carolina 29730
Office 803-328-2427
Fax [phone]
October 5, 2021
Attention: Samantha Dailey
Army Corp of Engineers
Wilmington District
Re. THPO # TCNS # Project Description
2021-56-5 SAW-2015-01815 Clearwater Neuse 01 Lowlands Umbrella Mitigation Bank
Dear Ms. Dailey,
The Catawba have no immediate concerns with regard to traditional cultural properties,
sacred sites or Native American archaeological sites within the boundaries of the
proposed project areas. However, the Catawba are to be notified if Native American
artifacts and / or human remains are located during the ground disturbance phase
of this project.
If you have questions please contact Caitlin Rogers at 803-328-2427 ext. 226, or e-mail
[e-mail].
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
September 28, 2021
Samantha Dailey
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Samantha. J. Dailey(2usace. army. mil
Re: The Lowlands Mitigation Bank, Four Oaks, Johnston County, ER 16-1097
Dear Ms. Dailey:
Thank you for your email of August 23, 2021, regarding the above -referenced undertaking. We have
reviewed the submission 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.review(2ncdcr. og_v. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
(�, ��O
V 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

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
551-F Pylon Drive
Raleigh, North Carolina 27606
August 25, 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: Clearwater Neuse 01 Lowlands Umbrella Mitigation Bank/ SAW-2015-01815/ Johnston County
Dear Mrs. Dailey:
The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above
referenced project. The project, based on the description in your letter to our office, and other
information, is expected to have minimal adverse impacts to fish and wildlife resources.
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 frequently updated list 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), and a list of
federal species of concern' that are known to occur in each county in North Carolina.
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
1 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.

on completing a biological assessment or 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.
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 [phone],
extension 27.
Sincerely,
for Pete Benjamin
Field Supervisor
cc: NMFS, Beaufort, NC
EPA, Atlanta, GA
WRC, Raleigh

From: Davis, Erin B
To: Baker, Caroline D
Subject: FW: [External] Initial Evaluation Letter for SAW-2015-01815, Clearwater Mitigation Neuse 01 UMB - Lowlands
Mitigation Site in Johnston County, NC
Date: Monday, November 22, 2021 8:06:33 AM
Attachments: Clearwater Neuse 01 UMB Initial Evaluation Letter 202111105.odf
Laserfiche Upload: Email & Attachment
DW R#: 20211669 v.1
Doc Type: Mitigation Evaluation
From: Tugwell, Todd J CIV USARMY CESAW (USA) [mailto:[e-mail]]
Sent: Friday, November 5, 2021 11:25 AM
To: Kevin Yates <[e-mail]>
Cc: Bowers, Todd <[e-mail]>; Davis, Erin B <[e-mail]>; Kim Browning
<[e-mail]>; Haywood, Casey M CIV USARMY CESAW (USA)
<[e-mail]>; Wilson, Travis W. <[e-mail]>;
[e-mail]
Subject: [External] Initial Evaluation Letter for SAW-2015-01815, Clearwater Mitigation Neuse 01
UMB - Lowlands Mitigation Site in Johnston County, NC
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Kevi n,
Attached is the Initial Evaluation Letter for SAW-2015-01815, Clearwater Mitigation Neuse 01 UMB -
Lowlands Mitigation Site in Johnston County, NC, along with comments generated during the public
notice process. 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.
Todd Tugwell
Mitigation Project Manager
Wilmington District, US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[phone]
We would appreciate your feedback on how we are performing our duties. Our automated
Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer-service-
surve Thank you for taking the time to visit this site and complete the survey.