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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