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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 C Project Location 5-Mile Aviation Zone Parcel Boundary NC Counties Existing Stream Davidson County Airport 0 75 �150 Miles Project is located in: qr HUC8 - 03040101 ycuniz L. HUC12 - 030401011502 creek F� rry Rp O�aWa�on Ra 'F N n 3001 Dr Reedy CreeK�'a Shady Hane Daryl Dr CYO0' Ln W r� Q a seedy Creek 96 _n c rn S Forsyth'County t.e�.•I svIII e v:li i I -ton Sal Cfemrnons t10A County 1 ocksvllle I V Th )k ' L Da_ dsonGounty 0 s 10 Miles r.7ny<' Reedy Creek Rd Q7 ce h ce 7 Dlw a = 4Z� o a M�alr rV RdX C � V 4 ❑ m Bari" A'+e n T Y � 3 L o S tell Dr H s a IJ z o N l / ButlerNyC YDrip 0 1,600 ax Ct 3,200 Feet Figure Rolling Meadows Mitigation Project Project Location WATER & LAND HUC8 Upper Yadkin 03040101 Davidson County, North Carolina Map 1 SOLUTIONS Map Projection: NAD_1983_State Plane_ NC_FIPS_3200_Feet Date: 1/5/2022 Service Layer C,e di : Sources: E ,,, HERE, G.,.,., USGS, Intermap, INCREMENT P, NRCan, E ,, Japan, METI, E ,, China (Hong Kong), E ,, Korea, E ,, (Thailantl), NGCC, (c) OpenSt,-tMap contributors, antl the GIS User Community '—r:���,� •,- Will • Site Location - t ;.. , y ;: - j Upper Yadkin - 03040101 Hs4l11e _- "J 5pnnps - 0-2 vlr�r:a 5parla ry W, h L arc _ Flat R � Toast v1 Mt Airy Jefferson � � . west Jeflercon _. Pleasant Hill MUIberrp Elkin J avllle reliia!!l Boonyllle w_ 1� Mlliers Creek IJ a_i Cricket rth Wllkes6oro [e Oro - ..I:'1 Yadrinville . — -- -- Level sville piston -Safe %r (I$' Site Location I IN Eli _r L air-. ® ockidAlQ _au, Thor, a• ii,= ••t�[IYIQtOn Morganton � �4 32t lalton _ r t •AIaY jlo� [fen r - I f • �-� •� MaereaYlllr Chr a Cxwe r I-xv II r � 1 ii 1 a rr•;.'ule d I 'i - Huntersville 0 6 12 24 Miles\1 1 inch = 12 miles N Figure Rolling Meadows Mitigation Project Service WATER & LAND HUC8 Upper Yadkin 03040101 Davidson County, North Carolina Area Map 2 SOLUTIONS Map Projection: NAD_1983_State Plan e_N orth_Carol in a_F I PS_3200_Feet Date: 6/15/2021 Service Leyer Cretlirs_ S...... Esri, HERE, G,,—, USGS, Int —p, INCREMENT P, NRCe Esri Jep.,, METI, Esri Chine (Hong K.,g), Esri Karae, Esri (Theilwd), NGCC, (,) Open St,-Mep ...R,b-,,, e,d the CIS User Community Proposed Conservation Easement S100 Drainage Area S101 Drainage Area S300 Drainage Area r� Reedy Creek Drainage Area 1 S100 DA (61.8 ac) "' S101DA (119.7 ac S300 DA (89.7 ac)TL7 iS-yAC•. __ 'r creek Reedy Creek DA (5504.3 ac, 8.60 sq mi) 6t•q: rr'a r '+ -, - - s a ' d �• � i a y I 0 2,000 4,000 8,000 Feet 1 inch = 4,000 feet N JI WATER & LAND SOLUTIONS Rolling Meadows Mitigation Project HUC8 Upper Yadkin 03040101 Davidson County, North Carolina USGS Topographic Quad Welcome Figure 3 Map Projection: NAD_1983_State Plan e_N orth_Carol in a_F I PS_3200_Feet Date: 1/5/2022 S,,,,, Layer C,,d,ts: US GS The National Map: NatlonaI B... d.,- Dataset, 3DEP Elevation Program, Geag.aphie Names Information System, National Hyd,.g.aphy Dataset, National L,,d Cave. Database, National St, a —, Dat... I, e,d Nati.nal Trens paHatian Dataset, Figure Rolling Meadows Mitigation Project NRCS Soils WATER & LAND HUC8 Upper Yadkin 03040101 Davidson County, North Carolina Map 4 SOLUTIONS Map Projection: NAD_1983_State Plan e_N orth_Carol in a_F I PS_3200_Feet Date: 1/4/2022 Data sources - Soils data source: USDA. Imagery data source: NC One Map Figure Rolling Meadows Mitigation Project LiDAR WATER & LAND HUC8 Upper Yadkin 03040101 Davidson County, North Carolina Map 5 SOLUTIONS Map Projection: NAD_1983_State Plan e_N orth_Carol in a_F I PS_3200_Feet Date: 1/5/2022 t Q Proposed Conservation Easement Q Parcel Boundary r' er . OAP N • AA _ d d .ti I �. r•Y S _ 0 300 600 1 inch = 600 feet 1,200 � Feet �\1 N Figure Rolling Meadows Mitigation Project 1961 Aerial WATER & LAND HUC8 Upper Yadkin 03040101 Davidson County, North Carolina Imagery 6 a SOLUTIONS Map Projection: NAD_1983_State Plan e_N orth_Carol in a_F I PS_3200_Feet Date: 9/15/2021 Imagery data source: EDR r. �fk 'r r 7:t It Q Proposed Conservation Easement Q Parcel Boundary Kendlebrook Farm R4� If --. W t1. '�• ' 4r 0 300 600 1,200 Feet\1 1 inch = 600 feet N . 1, Figure Rolling Meadows Mitigation Project 1993 Aerial WATER & LAND HUC8 Upper Yadkin 03040101 Davidson County, North Carolina Imagery 6 b SOLUTIONS Map Projection: NAD_1983_State Plan e_N orth_Carol in a_F I PS_3200_Feet Date: 9/15/2021 Imagery data source: Google Earth Figure Rolling Meadows Mitigation Project Existing Aquatic WATER & LAND HUC8 Upper Yadkin 03040101 Davidson County, North Carolina Resources Map7 SOLUTIONS Map Projection: NAD_1983_State Plan e_N orth_Carol in a_F I PS_3200_Feet Date: 1/4/2022 Data sources - Soils data source: USDA. Imagery data source: NC One Map Figure Rolling Meadows Mitigation Project Functional WATER & LAND HUC8 Upper Yadkin 03040101 Davidson County, North Carolina Stressors Map 8 SOLUTIONS Map Projection: NAD_1983_State Plan e_N orth_Carol in a_F I PS_3200_Feet Date: 1/4/2022 Data sources - Soils data source: USDA. Imagery data source: NC One Map Fen posed Conservation Easement ,. f Mitigation r q r � eam Restoration 4* eam Enhancement I sting Utilitiesd Mitigationtland Re-establishment cel Boundaryvidsorn County Parcels II I I --VLower JJVVA HS01 ` F Rr � Reach ID Mitigation Stream Reedy Creek Upper Restoration 589 Reedy Creek Upper Enhancement 1 175 Reedy Creek Lower Restoration 4064 5100 I Restoration 1466 5101 Restoration 570 5300 Restoration 201 7065 Wetland ID Mitigation Wetland H501 Re-establishment 7.43 H502 Re-establishment 1.22 H503 Re-establishment 0.61 9.26 Ratio Credits .1P f fit +, 1:1 589 1.5:1 117 1:1 4064 1:1 1:1 1:1 407_m�l Ratio 1:1 1:1 1:1 002 t ;each Break ;Upper/Lower 0 300 600 1,200 \ Feet\1 1 inch = 600 feet N Figure Rolling Meadows Mitigation Project Mitigation WATER & LAND HUC8 Upper Yadkin 03040101 Davidson County, North Carolina Concept Map 9 SOLUTIONS Map Projection: NAD_1983_State Plan e_N orth_Carol in a_F I PS_3200_Feet Date: 1/5/2022 Data sources - Soils data source: USDA. Imagery data source: NC One Map