HomeMy WebLinkAbout20211421 Ver 1_Public Notice_20220124From: Davis. Erin B
To: Baker. Caroline D
Subject: FW: [External] Notice of Final Prospectus Review/ WLS Yadkin 01 - Rolling Meadows Mitigation Site/ SAW-2021-
01538/ Davidson County
Date: Friday, February 11, 2022 9:02:46 AM
Attachments: Public Notice WLS Yadkin 01- Rollina Meadows.odf
Laserfiche Upload: Email & Attachment
DWR#: 20211421 v.1
Doc Type: Mitigation Information
From: Browning, Kimberly D CIV USARMY CESAW (USA)
[mailto:Kimberly.D.Browning@usace.army.mil]
Sent: Monday, January 24, 2022 3:08 PM
To: Tugwell, Todd J CIV USARMY CESAW (US)<Todd.J.Tugwell@usace.army.mil>; Haywood, Casey M
CIV USARMY CESAW (USA) <Casey.M.Haywood@usace.army.miI>; Davis, Erin B
<erin.davis@ncdenr.gov>; Wilson, Travis W. <travis.wilson@ncwildlife.org>; Munzer, Olivia
<olivia.munzer@ncwildlife.org>; Hamstead, Byron A <byron_hamstead@fws.gov>; Youngman,
Holland J <hollandyouungman@fws.gov>; Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov>;
Merritt, Katie <katie.merritt@ncdenr.gov>; Bowers, Todd <bowers.todd@epa.gov>
Cc: Hopper, Christopher D CIV USARMY CESAW (USA) <Christopher.D.Hopper@usace.army.mil>;
Gibby, Jean B CIV USARMY CESAW (USA) <Jean.B.Gibby@usace.army.mil>; Crumbley, Tyler A CIV
USARMY CESAW (USA) <Tyler.A.Crumbley2@usace.army.mil>; daniel@waterlandsolutions.com;
catherine@waterlandsolutions.com
Subject: [External] Notice of Final Prospectus Review/ WLS Yadkin 01 - Rolling Meadows Mitigation
Site/ SAW-2021-01538/ Davidson County
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Good afternoon IRT,
WLS has provided us with a Final Prospectus for an instrument modification to the WLS Yadkin 01
UMBI. The Rolling Meadows Mitigation Site proposes approximately 7,065 linear feet of stream
restoration and 9.26-acres of wetlands in a 53.0-ac conservation easement. As a reminder, the IRT
visited the site August 31, 2021. The Final Prospectus has been uploaded to RIBITS (link below). Per
section 332.8(d)(4), we are initiating the IRT 30-day review of the Final Prospectus with this email.
The site is currently posted on Public Notice, and the public notice comment deadline is February 12,
2022.
Bank Information:
Umbrella Bank Name: WLS Yadkin 01 UMB — Rolling Meadows Mitigation Site
Sponsor: Water & Land Solutions (Contact: Catherine Roland) catherineCo�waterlandsolutions.com
Location: 35.916696,-80.304871, Davidson County, 03040101 HUC
USACE Action ID: SAW-2021-01538
USACE Bank PM: Kim Browning Kimberly.d.browningCcDusace.army.mil
IRT Comment Start Date: January 25, 2022
IRT Comment Deadline: February 24, 2022
Initial Evaluation Deadline: March 10, 2022
RIBITS Link to WLS Yadkin 01 UMB — Rolling Meadows Mitigation Site cyber repository:
https://ribits.ops.usace.army.mil/ords/f?p=107:278:7677749558108:::RP.278:P278_BANK_I D:6090
Please reach out with any questions.
Thanks,
Kim
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
I 1
I,.,1 PUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: January 13, 2022
Comment Deadline: February 12, 2022
Corps Action I D N um ber: SAW-2021-01538
The Wilmington District, Corps of Engineers (Corps) received an application from Water
& Land Solutions, LLC describing the modification of the WLS Yadkin 01 Umbrella
Mitigation Bank (Bank), for the addition of the Rolling Meadows Mitigation Site, to offset
impacts authorized as part of future Federal and State permits in Davidson County,
North Carolina.
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 RIBITS Web
Site at:
https-//ribits.ops.usace.army.mil/ords/f?p=l 07:2......
Applicant: Water & Land Solutions, LLC
Attn: Catherine Roland
7721 Six Forks Rd, Suite 130
Raleigh, NC 27615
Authority
The Corps evaluates this application and decides whether to issue, conditionally issue,
or deny the proposed work pursuant to applicable procedures of the following Statutory
Authorities:
® Section 404 of the Clean Water Act (33 U.S.C. 1344)
❑ Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403)
❑ Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33
U.S.C. 1413)
Location
Location Description: The Rolling Meadows project site is located in Davidson County,
in the Reedy Creek Community.
Project Area (acres): 53 Nearest Town: Lexington
Nearest Waterway: Reedy Creek River Basin: Yadkin
Latitude and Longitude: 35.916696 N,-80.304871 W
Version 6.15.2017 Page 1
Existing Site Conditions
The Site encompasses approximately 53 acres of pasture and row crop. The existing
project streams have been degraded as a result of historic and current land use
practices, including agriculture and silviculture. Agricultural practices, including regular
channelization and streambank maintenance have severely impacted the streambanks
along some of the project stream reaches. The project streams are incised and
unstable, with documented channel manipulations (i.e. straightening, widening) and
associated bank erosion. Clearing of stream buffers for agricultural purposes has
removed or reduced high functioning riparian buffers. Currently, the project reaches act
as significant sources of sediment and nutrient contamination to the watershed, as well
as the receiving waters.
Applicant's Stated Purpose
The purpose of the proposal is the establishment of a compensatory mitigation bank in
the Yadkin Basin (HUC 03040101) to generate mitigation credits that may be used to
provide compensatory mitigation for unavoidable impacts to streams and wetlands
associated with Department of the Army permit authorizations pursuant to Section 404
of the Clean Water Act.
Project Description
The bank sponsor proposes the restoration and enhancement of approximately 7,065
linear feet of stream and 9.26 acres of wetland. Stream restoration activities will include
restoring appropriate dimension, pattern, and profile with Priority 1 restoration.
Stabilization structures will be installed, which will also provide habitat. Native riparian
buffers will be planted to a minimum of 50-feet from the proposed top of bank where no
canopy currently exists. All streams on site will have buffers extending to the required
50 feet. Wetland restoration (rehabilitation) activities will involve plugging ditches,
minimal grading and blending of microtopography, and planting with native woody
vegetation. The sponsor has signed an agreement with the landowner to record a
conservation easement on all land located within the Site boundary. The easement
would be conveyed to an appropriate conservation easement holder who would serve
as long-term manager for the mitigation property.
Essential Fish Habitat
The Corps' determination is that the proposed project would not effect EFH or
associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management
Councils or the National Marine Fisheries Service.
ER This notice initiates the Essential Fish Habitat (EFH) consultation requirements of
the Magnuson -Stevens Fishery Conservation and Management Act.
Implementation of the proposed project would impact (CHOOSE ALL THAT
Version 6.15.2017 Page 2
APPLY- marine substrate, estuarine substrate, water columns, emergent
wetlands, submerged aquatic vegetation, artificial reefs, hardbottoms) (see
project description) utilized by various life stages of the following species:
(CHOOSE ALL THAT APPLY —coastal migratory pelagics, corals, golden crab,
shrimp, snapper grouper, spiny lobster, Atlantic highly migratory species). Our
initial determination is that the proposed action would not have a substantial
individual or cumulative adverse impact on EFH or fisheries managed by Fishery
Management Councils and the National Marine Fisheries Service (NMFS). Our
final determination relative to project impacts and the need for mitigation
measures is subject to review by and coordination with the NMFS.
❑ The Corps will consult under the Magnuson -Stevens Act and will not make a
permit decision until the consultation process is complete.
❑ The Corps has initiated consultation the Magnuson -Stevens Act and will not
make a permit decision until the consultation process is complete.
Cultural Resources
Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C
of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix
C, the District Engineer consulted district files and records and the latest published
version of the National Register of Historic Places and initially determines that:
❑ Should historic properties, or properties eligible for inclusion in the National
Register, be present within the Corps' permit area; the proposed activity requiring
the DA permit (the undertaking) is a type of activity that will have no potential to
cause an effect to an historic properties.
No historic properties, nor properties eligible for inclusion in the National
Register, are present within the Corps' permit area; therefore, there will be no
historic properties affected. The Corps subsequently requests concurrence from
the SHPO (or THPO).
❑ Properties ineligible for inclusion in the National Register are present within the
Corps' permit area; there will be no historic properties affected by the proposed
work. The Corps subsequently requests concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; however, the undertaking will have no
adverse effect on these historic properties. The Corps subsequently requests
concurrence from the SHPO (or THPO).
❑ Historic properties, or properties eligible for inclusion in the National Register, are
present within the Corps' permit area; moreover, the undertaking may have an
Version 6.15.2017 Page 3
adverse effect on these historic properties. The Corps subsequently initiates
consultation with the SHPO (or THPO).
❑ The proposed work takes place in an area known to have the potential for the
presence of prehistoric and historic cultural resources; however, the area has not
been formally surveyed for the presence of cultural resources. No sites eligible
for inclusion in the National Register of Historic Places are known to be present
in the vicinity of the proposed work. Additional work may be necessary to identify
and assess any historic or prehistoric resources that may be present.
The District Engineer's final eligibility and effect determination will be based upon
coordination with the SHPO and/or THPO, as appropriate and required, and with full
consideration given to the proposed undertaking's potential direct and indirect effects on
historic properties within the Corps-indentified permit area.
Endangered Species
Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area,
examined all information provided by the applicant and consulted the latest North
Carolina Natural Heritage Database. Based on available information:
The Corps determines that the proposed project would not affect federally listed
endangered or threatened species or their formally designated critical habitat.
❑ The Corps determines that the proposed project may affectfederally listed
endangered or threatened species or their formally designated critical habitat.
❑ By copy of this public notice, the Corps initiates consultation under Section 7
of the ESA and will not make a permit decision until the consultation process is
com plete.
❑ The Corps will consult under Section 7 of the ESA and will not make a permit
decision until the consultation process is complete.
❑ The Corps has initiated consultation under Section 7 of the ESA and will not
make a permit decision until the consultation process is complete.
❑ The Corps determines that the proposed project may affectfederally listed
endangered or threatened species or their formally designated critical habitat.
Consultation has been completed forthis type of activity and the effects of the
proposed activity have been evaluated and/or authorized by the National Marine
Fisheries Service (NMFS) in the South Atlantic Regional Biological Opinion or its
associated documents, including 7(a)(2) & 7(d) analyses and Critical Habitat
assessments. A copy of this public notice will be sent to the NMFS.
Version 6.15.2017 Page 4
❑ The Corps is not aware of the presence of species listed as threatened or
endangered or their critical habitat formally designated pursuant to the
Endangered Species Act of 1973 (ESA) within the project area. The Corps will
make a final determination on the effectsof the proposed project upon additional
review of the project and completion of any necessary biological assessment
and/or consultation with the U.S. Fish and Wildlife Service and/or National
Marine Fisheries Service.
Other Required Authorizations
The Corps forwards this notice and all applicable application materials to the
appropriate State agencies for review.
North Carolina Division of Water Resources (NCDWR):
❑ The applicant did not provide or satisfy all 9 elements required for a complete
401 certification request. Therefore, the 401 Certification process has not
started. The Corps will generally not make a final permit decision until the
NCDWR issues, denies, or waives the state Certification as required by Section
401 of the Clean Water Act (PL 92-500).
The Corps will generally not make a final permit decision until the NCDWR
issues, denies, or waives the state Certification as required by Section 401 of
the Clean Water Act (PL 92-500). The receipt of the application and this public
notice, combined with the appropriate application fee, at the NCDWR Central
Office in Raleigh constitutes initial receipt of an application for a 401
Certification. Unless NCDWR is granted a time review extension, a waiver will
be deemed to occur if the NCDWR fails to act on this request for certification
within sixty days of the date of this public notice. Additional information
regarding the 401 Certification may be reviewed at the NCDWR Central Office,
401 and Buffer Permitting Unit, 512 North Salisbury Street, Raleigh, North
Carolina 27604-2260. All persons desiring to make comments regarding the
application for a 401 Certification should do so, in writing, by February 12,
2022 to:
NCDWR Central Office
Attention: Mr. Paul Wojowski, 401 and Buffer Permitting Unit
(USPS mailing address): 1617 Mail Service Center, Raleigh, NC 27699-
1617
Or,
(physical address): 512 North Salisbury Street, Raleigh, North Carolina
27604
Version 6.15.2017 Page 5
North Carolina Division of Coastal Management (NCDCM):
❑ The application did not include a certification that the proposed work complies
with and would be conducted in a manner that is consistent with the approved
North Carolina Coastal Zone Management Program. Pursuant to 33 CFR 325.2
(b)(2) the Corps cannot issue a Department of Army (DA) permit for the proposed
work until the applicant submits such a certification to the Corps and the
NCDCM, and the NCDCM notifies the Corps that it concurs with the applicant's
consistency certification. As the application did not include the consistency
certification, the Corps will request, upon receipt, , concurrence or objection from
the NCDCM.
ER Based upon all available information, the Corps determines that this application
for a Department of Army (DA) permit does not involve an activity which would
affect the coastal zone, which is defined by the Coastal Zone Management
(CZM) Act (16 U.S.C. § 1453).
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable
impacts including cumulative impacts of the proposed activity on the public interest.
That decision will reflect the national concern for both protection and utilization of
important resources. The benefit which reasonably may be expected to accrue from the
proposal must be balanced against its reasonably foreseeable detriments. All factors
which may be relevant to the proposal will be considered including the cumulative
effects thereof; among those are conservation, economics, aesthetics, general
environmental concerns, wetlands, historic properties, fish and wildlife values, flood
hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline 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. For activities involving the discharge of dredged or fill materials in waters of the
United States, the evaluation of the impact of the activity on the public interest will
include application of the Environmental Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local
agencies and officials, including any consolidated State Viewpoint or written position of
the Governor; Indian Tribes and other interested parties in order to consider and
evaluate the impacts of this proposed activity. Any comments received will be
considered by the Corps of Engineers to determine whether to issue, modify, condition,
or deny a permit for this proposal. To make this decision, comments are used to assess
impacts on endangered species, historic properties, water quality, general
environmental effects and the other public interest factors listed above. Comments are
used in the preparation of an Environmental Assessment (EA) and/or an Environmental
Version 6.15.2017 Page 6
Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA).
Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice,
that a public hearing be held to consider the application. Requests for public hearings
shall state, with particularity, the reasons for holding a public hearing. Requests for a
public hearing will be granted, unless the District Engineer determines that the issues
raised are insubstantial or there is otherwise no valid interest to be served by a hearing.
The Corps of Engineers, Wilmington District will receive written comments pertinent
to the proposed work, as outlined above, until 5pm, February 12, 2022. Comments
should be submitted to Ms. Kim Browning, Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587, at (919)
946-5107.
Version 6.15.2017 Page 7
Legend
Proposed Conservation Easement HUC-8
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SOLUTIONS
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Davidson County, North Carolina
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9
SOLUTIONS
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Date: 1/5/2022
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