20220451 Ver 1_US Army Corps of Engineers Public Notice_20221031

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Doc Date: 10/31/22

Doc Type: Mitigation – Mitigation Information

Doc Name: General topic of email title

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As requested, you are hereby notified that the Wilmington District, United States Army Corps of Engineers has issued a Public Notice. The text of this document can be accessed using
Google Chrome, and is found on the RIBITS web site at: https://ribits.ops.usace.army.mil/ords/f?p=107:622 <https://urldefense.com/v3/__https:/ribits.ops.usace.army.mil/ords/f?p=107:622__;!!HYmSToo!Z
HIWw8oUVG_2IYccjtxY9Y4bXhqaf4p6E25918nl2BSDQoYDOWvn6r_jhZ-qlGREiM9l8Ci9tXu_xBneh7vaozpfia9KUcMdJhLt$> . To access the public notice, first select the Wilmington District from the Filter
drop-down menu in the lower left-hand corner, and then select the Public Notices under the Menu Mitigation tab. You will then select the Public Notice to establish the RES Catawba ESA
UMB- Beaver Tail Mitigation Site.

The current notice involves:

Corps Action ID#: SAW-2022-00657

Bank Sponsor: Environmental Banc & Exchange, LLC (Benton Carroll)

Project Name: RES Catawba ESA UMB- Beaver Tail Mitigation Site (Lincoln County)

Issue Date: October 31, 2022

Expiration Date: November 30, 2022

Point of Contact: Kim (Browning) Isenhour

Project Description: The Wilmington District, Corps of Engineers (Corps) received a prospectus describing the establishment of an umbrella compensatory mitigation bank, known as the
RES Catawba ESA UMB, Beaver Tail Mitigation Project. The Bank Sponsor, Environmental Banc & Exchange, LLC, would restore approximately 4,276 linear feet of stream channel and create,
enhance and preserve 6.05 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 03040102/03040103
of the Catawba River Basin. The 31.41-acre Beaver Tail Mitigation Project is located approximately six miles northwest of Lincolnton in Lincoln County, North Carolina.

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Catawba River Basin. The 31.41-acre Beaver Tail Mitigation Project is located approximately six miles northwest of
Lincolnton in Lincoln County, North Carolina.
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2

US Army Corps
Of Engineers
Wilmington District
PUBLIC NOTICE
Issue Date: October 31, 2022
Comment Deadline: November 30, 2022
Corps Action ID Number: SAW-2022-00657
The Wilmington District, Corps of Engineers (Corps) received a prospectus on October
12, 2022, from Environmental Banc & Exchange, LLC, describing the establishment of
the RES Catawba Expanded Service Area (ESA) Umbrella Mitigation Bank, and the
addition of the Beaver Tail Mitigation Site (Site) in Catawba County, North Carolina, to
offset impacts authorized as part of future Federal and State permits.
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=107:622
Bank Sponsor:
Authority
Environmental Banc & Exchange, LLC (EBX)
Attn: Benton Carroll
3600 Glenwood Ave., Suite 100
Raleigh, NC 27612
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:
X 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 31-acre Site is located approximately six miles northwest of
Lincolnton, North Carolina within the South Fork Catawba River Watershed.
Project Area (acres): 31.41
Nearest Town: Lincolnton Nearest Waterway: Howards Creek
River Basin: Catawba River Basin (8 Digit HUC 03050102, 03050103)
Latitude and Longitude: 35.502576 N,-81.320277 W
Version 5.12.2022 Page 1

Existing Site Conditions
The Site is located on one (1) parcel comprised primarily of agricultural and forested
land uses. Existing site stressors include row crop production, livestock access, and a
limited riparian buffer. Current perennial stream conditions demonstrate significant
habitat degradation as a result of agricultural land use, especially cattle farming. Project
reaches are moderately to severely degraded with incised channels and eroding banks
resulting in limited floodplain access and unbalanced sediment transport. Exotic
invasive species are present throughout the project, mainly Chinese privet (Ligustrum
sinese). Additionally, the absence of well -established riparian buffers and livestock
access contributes to nutrient loading and habitat fragmentation within the project area.
Applicant's Stated Purpose
The purpose of the proposal is the establishment of a compensatory mitigation bank in
the Catawba River Basin (HUC 03050102, 03050103) 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 is proposing to restore 4,276 linear feet (LF) of stream and create,
enhance and preserve 6.05 acres of wetlands. Stream restoration activities will involve
realigning the channel with appropriate dimension, pattern and profile. The objective of
this approach is to design a geomorphically stable channel that provides habitat
improvements and ties into the existing landscape. Structures will be
installed on all restored reaches for grade control, channel stability, and to improve in -
stream habitat. Riparian buffers will be restored through invasive species management
and planting native species.
Proposed wetland mitigation includes wetland creation, and the enhancement and
preservation of existing wetlands. The proposed wetland improvement will be closely
tied to the stream restoration. The proposed stream design is expected to promote
wetland hydrology and vegetation throughout the stream corridor. Therefore, wetland
enhancement and creation activities include removing surface material in order to lower
the elevation of the floodplain and reconnecting surface drainage to hydric soil areas in
conjunction with stream restoration. Wetlands are proposed to be planted with native
herbaceous seed mix and native tree species commonly found in headwater and
bottomland hardwood forest communities.
The Bank Sponsor has signed an option agreement with the landowner to record a
conservation easement on all land located within the Project boundary. The easement
would be conveyed to an appropriate conservation easement holder who would serve
as long-term manager for the mitigation property.
Version 5.12.2022 Page 2

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.
x
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of
the Magnuson -Stevens Fishery Conservation and Management Act.
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.
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:
x
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 -identified 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:
M
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 effects of 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.
Version 5.12.2022
Page 3

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):
x
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 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 120 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 November 27, 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
North Carolina Division of Coastal Management (NCDCM):
is
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
Version 5.12.2022
Page 4

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
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, November 30, 2022. Comments
should be submitted to Kim (Browning) Isenhour„ Raleigh Regulatory Field Office,
3331 Heritage Trade Drive, Suite 105 , Wake Forest, North Carolina 27587, at (919)
946-5107.
Version 5.12.2022 Page 5

Mountain City'
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74
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Springs
Beaver Tail
Mitigation Project
Cowpens
Legend
Proposed Easement
Catawba Expanded Service Area
NC 8-Digit HUC
03050101
03050102
03050103
Project Location
w E
0 7.5
Mile
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Blacksburg
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Jonesville
176
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0
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15
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0
321
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Figure 1 - Catawba Expanded Service Area
Beaver Tail
Mitigation Project
Lincoln County, North Carolina
r
Statesville
Cleveland
sville
us
sville
67,3
Richburg z1 Lancaster
Great Falls
Date: 10/3/2022
(E13
Salisbury
China Grove Rock
Kannapolis
tO Concord
(a'.'
Heath Springs
Kershaw
Drawn by: GDS
Checked by: MDE
1 inch = 15 mile
Locus
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Restoring a resilient earth for a modern world

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Legend
Proposed Easement
14-Digit HUC: 03050102040040 - TLW
8-Digit HUC: 03050102
NC NHP Element Occurrence (NC NHP July 2021)
NC DMS Conservation Easement (NCDMS June 2021)
Other Managed Area (NC NHP July 2021)
r• 5 Mile Aviation Zone
Airports
(� Project Location
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Rebecca's Countr
LEM
New Vision Ministries
v
Drivers License Office
Granite Falls
B''acksburg
0.5 1
Figure 2 - Project Vicinity
Beaver Tail
Mitigation Project
Date: 10/3/2022
Drawn by: GDS
Checked by: MDE
res
Mile
Lincoln County, North Carolina
1 inch = 1 mile
Restoring a resilient earth for a modern world

Legend
Proposed Easement
I I LD1 - 384 ac
filoollqls
♦Jr
0 1,000 2,000
Feet
Figure 4 - USGS Quadrangle
Reepsville (1973) and Lincolnton West (1979)
Beaver Tail
Mitigation Project
Lincoln Count , North Carolina
Date: 10/3/2022
Drawn by: GDS
Checked by: MDE
1 inch = 2,000 feet
res
Restoring a resilient earth for a modern world

.I
-4
•
0 la ; 6 - itB,
40.31
Legend
Proposed Easement
Project Parcel
Land Use Type
Agriculture - 40.68 ac
Forest - 36.25 ac
Residential/Farm Headquarters - 5.98 ac
Confined Animal Feeding Operation - 6.64 ac
Impervious Surface - 3.61 ac
0 250 500
Feet
Figure 5 - Existing Land Use
Beaver Tail
Mitigation Project
Lincoln County, North Carolina
Date: 10/3/2022
Drawn by: GDS
Checked by: MDE
1 inch = 500 feet
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Existing Culvert
Proposed Easement
Project Parcel
Existing Wetland
Stream Type
Stream
110-- Ditch
Existing On -Site Road
NCDWR Stream Form
NCDWR Stream Form
airy F arm
Figure 9 - Existing Conditions
Beaver Tail
250 500 Mitigation Project
Feet Lincoln County, North Carolina
Date: 10/3/2022
Drawn by: GDS
Checked by: MDE
1 inch = 500 feet
res
Restoring a resilient earth for a modern world

Reach ID
Approach
LD1
Restoration
Total
Wetland ID Approach
WA
WB
Creation
Creation
WC Enhancement
WD Preservation
Length Ratio SMU
4,276.000
4,276
4,276
4,276
Total
1
Ratio
Area WMU
0.335
0.777
0.372
0.215
6.05 1.699
1.00
2.33
0.56
2.15
Proposed Easement - 34.41 ac
Project Parcel
Proposed Top of Bank
Wetland Mitigation Approach
Creation
FEnhancement
Preservation
— Existing Channel
Stream Mitigation Approach
Restoration
3
3
1.5
10
0 250 500
Feet
Figure 11 - Conceptual Design
Beaver Tail
Mitigation Project
Lincoln County, North Carolina
Date: 10/3/2022
Drawn by: GDS
Checked by: MDE
1 inch = 500 feet
res
Restoring a resilient earth for a modern world

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A��1r�w70.wi1
art
rit
0 500 1,000
Feet
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Source: USGS EarthExplorer
Figure 6 - Historic Imagery
Beaver Tail
Mitigation Project
Lincoln County, North Carolina
Date: 10/3/2022
Drawn by: GDS
Checked by: MDE
1 inch = 1,000 feet
Source: USGS EarthExplorer
res
Restoring a resilient earth for a modern world

250 500
111
Feet
- LiDAR
Beaver Tail
Mitigation Project
Lincoln County, North Carolina
Drawn by: GDS
Checked by: MDE
1 inch = 500 feet
res
Restoring a resilient earth for a modern world

Proposed Easement
Hydric (100%)
Predominantly Hydric (66-99%)
Predominantly Hydric (33-65%)
Predominantly Nonhydric (1-32%)
Nonhydric (0%)
s
250 500
Feet
Figure 1
Map unit symbol Map unit name
ChA
HeB
Lc D
LdB2
LdC2
RvA
Chewacla loam, 0 to 2 percent slopes, frequently flooded
Helena sandy loam, 1 to 6 percent slopes
Lloyd loam, 15 to 25 percent slopes
Lloyd sandy clay loam, 2 to 8 percent slopes, moderately eroded
Lloyd sandy clay loam, 8 to 15 percent slopes, moderately eroded
Riverview loam, 0 to 2 percent slopes, occasionally flooded
0 - NRCS
Mapped Soils
Beaver Tail
Mitigation Project
Lincoln County, North Carolina
Date: 10/3/2022
Drawn by: GDS
Checked by: MDE
1 inch = 500 feet
res
Restoring a resilient earth for a modern world