HomeMy WebLinkAbout20211626 Ver 1_PN Resource Agency Comments_20221025North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary D. Reid Wilson Deputy Secretary, Darin J. Waters, Ph.D.
September 22, 2022
Samantha J. Dailey
U.S. Army Corps of Engineers
Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Samantha.J.Dailey@usace.army.mil
Re: Alder Valley Mitigation Site, 36.2136, -78.8997, Eco Terra Neuse 01 Umbrella Mitigation Bank,
Durham, Durham County, ER 21-2647
Dear Ms. Dailey:
Thank you for your public notice of September 14, 2022, concerning the above -referenced undertaking. We
have reviewed the submittal 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@ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
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: (919) 814-6570/814-6898
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
September 27, 2022
Samantha Dailey
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
Re: Eco Terra Upper Falls Lake Umbrella Mitigation Bank; Alder Valley Mitigation Site
Durham County
Dear Ms. Dailey:
This is in response to the public notice (PN) for the establishment of the Eco Terra Upper Falls
Lake Umbrella Mitigation Bank (UMB), and the Alder Valley Mitigation Site. The U.S. Fish
and Wildlife Service (Service) has reviewed the PN and the mitigation prospectus.
The site is upstream of occupied habitat for the Atlantic pigtoe (threatened) and the Neuse River
waterdog (NRWD) (threatened), and designated critical habitat for the NRWD. The Service
provided comments on the draft prospectus on November 10, 2021. In May and June 2022, the
applicant conducted plant surveys and aquatic species surveys on the site and the immediate UT
approximately 400 meters below the project stream reaches. By email on July 11, 2022, the
Service concurred with the applicant's determinations that the project was not likely to adversely
affect Michaux's sumac, smooth coneflower, Atlantic pigtoe, Carolina madtom, and NRWD.
The Service is pleased to see the proposed restoration of wetlands and buffers upstream of Flat
River. No direct impacts are anticipated to federally listed species, and the project will likely
benefit the aquatic species of the Flat River. However, in order to avoid and minimize potential
indirect effects to listed species downstream of the surveyed reaches, the Service recommends
that stringent sediment and erosion controls be required, and that earthwork be avoided during
periods of excessive rain or flooding. Below are recommended conditions for any authorization
for the project.
1. Dewatering and of the pond should be conducted as slowly as necessary to prevent
sediments from discharging downstream. Removal of the dam and associated sediments
should be conducted as described in the prospectus, after the area is deemed dry enough.
2. Implement stringent erosion control measures during construction adjacent to the Swift
Creek floodplain, including a double row of silt fence, to ensure that erosion is captured
effectively. Silt fence and other erosion control devices must not include outlets that
discharge closer than 50 feet to the top of bank of any stream. Silt fence outlets for each
row of silt fence should be offset to provide additional retention of water and sediment in
the outer row.
3. All mechanized equipment shall be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous
waste, the Permittee shall immediately report it to the Corps at
Samantha.J.Dailey@usace.army.mil, U.S. Fish and Wildlife Service at
kathryn_matthews@fws.gov, and N.C. Division of Water Resources at (919) 733-3300 or
(800) 858-0368, and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act shall be followed.
4. Graded or disturbed soils must be stabilized with native grasses or mulch covers as soon
as possible, and no later than 14 days following completion of the disturbance activity.
Temporary and permanent stabilization measures should include only natural materials
that are expected to degrade over time.
5. Conduct twice -weekly inspections of all erosion and sedimentation controls. In addition
to twice -weekly inspections, inspect also within 24-hours of rain events (including a 1-
inch total rain event or an event where rainfall rates are 0.3 inch/hour or greater). Inspect
all of the erosion and sedimentation controls to ensure the integrity of the devices.
The Service appreciates the opportunity to review and provide comments on the proposed action.
We look forward to continued coordination as the mitigation plans are developed. If you have
any questions regarding the project, please contact Kathy Matthews at
kathryn_matthews@fws.gov.
cc (via email):
Todd Bowers, USEPA
Kim Isenhour, USACE
Travis Wilson, NCWRC
Gabriela Garrison, NCWRC
Erin Davis, NCDEQ
Sincerely,
Pete Benjamin,
Field Supervisor
2
Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730
Office 803-328-2427
410.10,
October 18, 2022
Attention: Samantha J. Dailey
Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re. THPO# TCNS# Project Description
2022-56-38 SAW-2021-02321
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
Caitlin.Rogers@catawba.com.
Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer