HomeMy WebLinkAbout20211421 Ver 1_Mitigation Evaluation_20220322From: Davis, Erin B
To: Baker, Caroline D
Subject: FW: [External] Initial Evaluation Letter/ WLS Yadkin 01 UMB-Rolling Meadows Mitigation Site/ SAW-2021-01538/
Davidson County
Date: Friday, April 1, 2022 8:47:12 AM
Attachments: Initial Evaluation WLS Y01 Rollina Meadows SAW-2021-01538.odf
Laserfiche Upload: Email & Attachment
DWR# 20211421 v.1
Doc Type: Mitigation Evaluation
From: Browning, Kimberly D CIV USARMY CESAW (USA)
[mailto:Kimberly.D.Browning@usace.army.mil]
Sent: Tuesday, March 22, 2022 1:49 PM
To: catherine@waterlandsolutions.com
Cc: daniel@waterlandsolutions.com; 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>; Crumbley, Tyler A CIV USARMY CESAW (USA)
<Tyler.A.Crumbley2@usace.army.mil>; Hopper, Christopher D CIV USARMY CESAW (USA)
<Christopher. D.Hopper@usace.army.miI>; Gibby, Jean B CIV USARMY CESAW (USA)
<Jean.B.Gibby@usace.army.mil>; 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>; Gledhill-earley, Renee <renee.gledhill-earley@ncdcr.gov>; Merritt,
Katie <katie.merritt@ncdenr.gov>; Bowers, Todd <bowers.todd@epa.gov>
Subject: [External] Initial Evaluation Letter/ WLS Yadkin 01 UMB-Rolling Meadows Mitigation Site/
SAW-2021-01538/ Davidson County
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Hi Catherine,
Attached is the Initial Evaluation Letter for SAW-2021-01538, WLS Yadkin 01 UMB- Rolling Meadows
Mitigation Site, located in Davidson County, NC.
This electronic copy is an official Department of the Army Notification.
Please let me know if you have any questions or concerns.
Respectfully,
Kim
Kim (Browning) Isenhour
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers 1 919.946.5107
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
March 22, 2022
Regulatory Division
Action ID No. SAW-2021-01538
Re: NCIRT Initial Review of the WLS Yadkin 01—Rolling Meadows Mitigation Site
Mrs. Catherine Roland
Water & Land Solutions
7721 Six Forks Rd, Suite 130
Raleigh, North Carolina 27615
Dear Mrs. Roland:
This letter is regarding your prospectus document dated January 2022, for the
proposed Rolling Meadows Mitigation Site, a modification to the WLS Yadkin 01 UMBI.
The proposal consists of the establishment and operation of a private commercial
stream and wetland mitigation bank, located on Kendlebrook Farm Road, in the Reedy
Creek Community, Davidson County, North Carolina (35.9166960N,-80.304871 °W).
The Corps determined the Prospectus was complete and issued a public notice on
January 13, 2022. 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 US
Environmental Protection Agency, NC State Historic Preservation Office and U.S. Fish
and Wildlife Service. As of the date of this correspondence, the Corps has not received
comments from the Catawba Nation.
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
August 30, 2021. We have determined that the proposed mitigation bank appears to
have the potential to restore, enhance, and preserve aquatic resources within the Upper
Yadkin River Basin, 8-digit Hydrologic Unit Code (HUC) 03040101. Therefore, WLS
may proceed with preparation of a draft mitigation plan.
Please provide a response to the attached comments with your draft mitigation plan
submittal and provide documentation that you have satisfied the concerns in the
attached correspondence from SHPO. We appreciate your interest in restoring and
protecting waters of the United States. If you have questions regarding this letter or the
mitigation bank development process, please contact me by email at
Kim berly.D.Browninga-usace.army.mil or telephone (919) 946-5107.
Respectfully,
Kim Browning
Mitigation Project Manager
Regulatory Division
Electronic Copies Furnished:
NCIRT Distribution List
USFWS Comments, Byron Hamstead (February 23, 2022):
The public notice for this project indicates that the USACE has made "no effect"
determinations for listed species. We are obligated to say that, Our concurrence with
"no effect" determinations from action agencies is not required. In accordance with the
ESA, it is the responsibility of the appropriate federal action agency or its designated
representative to review its activities or programs and to identify any such activities or
programs that may affect endangered or threatened species or their habitats. If it is
determined that the proposed activity may adversely affect any species federally listed
as endangered or threatened, formal consultation with this office must be initiated.
We offer these comments:
IPaC(https://ipac.ecosphere.fws.gov/ <Blockedhttps://ipac.ecosphere.fws.gov/> ) lists
two federally protected species for this location that are subject to ESA consultation:
northern long-eared bat (Myotis septentrionalis) and Schweinitz's sunflower (Helianthus
schweinitzii).
NLEB
We can confirm that the 4(d) rule for this species exempts incidental take associated
with any tree clearing at the project location. Although not required, we encourage
project proponents to avoid clearing of suitable roost trees during this animal's maternity
roosting season (May 15 - August 15) and especially during the pup season (June 1 -
July 31). If clearing of suitable roost trees is not proposed, we would not object to a "no
effect" determination from the action agency for this species.
Schweinitz's sunflower
This species occurs in a variety of transitional habitats such as maintained roadsides,
utility rights of way, forest openings, forest edges, old pastures, etc. This species
prefers full sun but tolerates partial shade. It does not tolerate full shade/full canopy
cover and can be outcompeted by dense understory vegetation -especially exotic
invasive species. This is also not a riparian species and areas along Reedy Creek
would not provide suitable habitat. Suitable habitat for this plant may occur among the
uplands within the subject parcels, but if those areas would be undisturbed (or better,
protected under easement), we would not object to a "no effect" determination from the
action agency.
Memorandum to the Record
February 14, 2022
Agency Comments for the Rolling Meadows Mitigation Site (SAW-2021-
01538) Prospectus Associated with the WLS Yadkin 01 Umbrella Mitigation
Bank in Davidson County, NC
Kim,
Thank you for the opportunity to provide feedback and comments on the Rolling Meadows
Mitigation Site (the Site or Project) Prospectus as an addition/modification to the WLS Yadkin
O1 Umbrella Mitigation Bank (UMB). Water and Land Solutions, LLC (WLS), has presented a
potentially suitable plan to provide compensatory mitigation for jurisdictional stream impacts
associated with the US Army Corps of Engineers Clean Water Act Section 404 permit program.
The Site is in the Reedy Creek Community of Davidson County approximately 7 miles north of
Lexington and within the Reedy Creek targeted local watershed of the Upper Yadkin River. With
this project, WLS will restore, enhance, and protect approximately 7,065 linear feet of stream
and 9.26 acres of wetland within a 53-acre conservation easement providing compensatory
mitigation credits in the Upper Yadkin River Basin Service Area (HUC 03040101).
Note: It is understood that site visits have been made by IRT members during the development of
site feasibility to provide mitigation credit. In that regard, I feel it necessary to denote 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 Ocean, Wetlands and Stream Protection Branch offers the following site -
specific comments as they pertain to the Rolling Meadows Prospectus dated January 2022. Page
numbers refer to the entire pdf document offered for review:
1. Table 3/Page 12:
o Error for 5101 watershed drainage area (sq. mi).
2. Section 4.1.4/Page 13 Existing Reach Conditions:
o I do not see any discussion on S200 (shown on several maps) or the associated
wetland area that is upstream/adjacent to HS03. Some notes shown on Figure 7
(Page 37) list this feature as unverified. I recommend that WLS verify this
wetland/stream area and address it in the draft mitigation plan.
3. Section 4.2.8/Page 17:
o Recommend the sponsor verify that there are no active or proposed livestock
operations or pastureland use in adjacent parcels to justify the lack of fencing
need.
4. Table 8/Page 27:
o Recommend adding remedial actions for beaver activity/damage in the routine
maintenance components of Table 8.
5. Figure 8/Page 38:
o It appears that a culvert is missing on the Functional Stressors map. This culvert is
at the confluence of S100 and Reedy Creek (mentioned in Section 5.2).
Thank you for the opportunity to provide feedback, comments and concerns with the Rolling
Meadows Mitigation Site Prospectus in Davidson County, NC. WLS has provided a potentially
suitable plan to offset impacts and provide compensatory stream and wetland mitigation credits
within the Yadkin River 01 watershed 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 bowers.todd@epa.gov.
Best Regards,
Todd Bowers
Comments submitted to Kimberly Browning (SAW-PAI) via email on February 14, 2022.
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
February 11, 2022
Kim Browning
US Army Corps of Engineers, Wilmington District
Raleigh Regulatory Field Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Kimberly.D. Browning(2usace. army. mil
Re: Rolling Meadows Mitigation Site (Corps Action ID Number: SAW-2021-01538),
Davidson County, ER 22-0175
Dear Ms. Browning
Thank you for your letter of January 13, 2022, transmitting the environmental review documentation for the
above -referenced project. We have reviewed the information provided and offer the following comments:
Five archaeological sites are located within one-half mile of the project area, most of which are Native
American sites that contained lithic tools and ceramics. Most of these have never been systematically
surveyed or assessed for listing in the National Register of Historic Places (NRHP).
Given the proximity to previously recorded sites, the topographic setting, and proximity of Reedy Creek,
there is potential for significant archaeological sites to be located within the project area. We recommend
the project area be systematically surveyed prior to any ground disturbing activities within the project area.
This work should be conducted by an experienced archaeologist who meets the Secretary of the Interior's
Professional Qualification Standards. A list of archaeological consultants who have conducted or
expressed an interest in contract work in North Carolina is available at:
https://archaeology.ncdcr.gov/archaeological-consultant-list. The archaeologists listed, or any other
experienced archaeologist, may be contacted to conduct the recommended survey.
Please note that our office requests consultation with the Office of State Archaeology Review
Archaeologist to discuss appropriate field methodologies prior to the archaeological field investigation.
You can find the Review Archaeologist for your region at https://archaeology.ncdcr.gov/about/contact-0.
OSA's Archaeological Standards and Guidelines for Background Research, Field Methodologies,
Technical Reports, and Curation can be found online at: https://files.nc.gov/dncr-
arch/OSA Guidelines Dec20l7.Ddf.
We have determined that the project as proposed will not have an effect on any historic structures.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599
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.reviewggncdcr. og_v. In all future communication concerning this project, please cite the
above referenced tracking number.
(1� Sincerely,
«
1�r Ramona Bartos, Deputy
(� State Historic Preservation Officer
cc Chris Hopper, USACE chri stopher. d.hopper2usace. army. mil