20220451 Ver 1_Initial Evaluation Letter_20221209 (2)

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
. WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
December 9, 2022
Regulatory Division
Action ID No. SAW-2022-00657
Re: NCIRT Initial Review of the RES Catawba ESA Umbrella Mitigation Banking
Instrument and Beaver Tail Mitigation Site Prospectus
Mr. Ben Carroll
Environmental Banc & Exchange, LLC
3600 Glenwood Ave, Suite 100
Raleigh, NC 27612
Dear Mr. Carroll:
This letter is regarding your prospectus document dated October 2022, for the
proposed RES Catawba ESA Umbrella Mitigation Bank and associated Beaver Tail
Mitigation Site. The proposal consists of the establishment and operation of a private
commercial umbrella mitigation bank, and the associated 34.41-acre Beaver Tail
Mitigation Site, located on Lutz Dairy Farm Road, approximately four miles southwest of
Lincolnton, in Lincoln County, North Carolina (35.5025760 N,-81.3202770 W). The
proposed Beaver Tail Mitigation Site would include stream restoration and wetland
enhancement, creation and preservation activities within the South Fork Catawba
watershed, in the Catawba River Basin (8-digit hydrologic unit code (HUC): 03050102).
The Corps determined the Prospectus was complete and issued a public notice (P/N
# SAW-2022-00657) on October 31, 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. Incorporated in this email and attached are comments
received in response to the public notice from the North Carolina Department of Natural
and Cultural Resources State Historic Preservation Office, US Fish and Wildlife
Service, and the NC Division of Water Resources. The Eastern Band of Cherokee
Indians may choose to submit comments separately during the draft mitigation plan
review stage.
IRT COMMENTS TO BE ADDRESSED IN THE DRAFT MITIGATION PLAN:
1. USFWS Comments, Byron Hamstead:
Based on the information provided, suitable habitat does not occur onsite for any
federally listed species and we would not object to a "no effect" determination from the
action agency. Moreover, our concurrence is not required for "no effect" determinations
from the action agency. We require no further information and we consider consultation

to be complete at this time. Please be aware that further coordination and/or
consultation may be required under the Endangered Species Act (ESA) if: (1)
information reveals impacts of this identified action which may affect or may have
affected listed species or critical habitat, (2) this action is subsequently modified in a
manner that was not considered in this review, or (3) a new species is listed or critical
habitat is determined that may be affected by the identified action.
Monarch butterfly
Monarch butterfly (Danaus plexippus) is a candidate species, and we appreciate the
project proponent's consideration of monarch butterfly when evaluating the action area
for impacts to federally listed species and their habitats. The species is not subject to
section 7 consultation, and an effects determination is not necessary. General
recommendations for pollinators can be provided and would be protective of monarch
butterfly should the project proponent like to implement them in the future.
Official IPaC Species List
We ask that the Applicant visit our IPaC website to generate a species list and
project code for the proposed action and provide an IPaC project code to this office.
Attached is guidance for generating an official species list in IPaC.
2. NCWRC Comments, Travis Wilson:
The Seagreen darter is a state -listed Significantly Rare species that is present in
Howards Creek at the confluence of the restoration reach. As long as stream work is
conducted in the dry and sedimentation and erosion control measures are followed,
impacts to the species should be negligible.
3. NCWRC Comments, Olivia Munzer:
If there is milkweed onsite, it is best to preserve those plants since it is difficult to
grow milkweed from seed. However, I know that may be impossible, so seeds or even
seedlings are the next best thing for Monarchs. In general, we do like to have several
pollinator species in the various seed mixes.
4. NCDWR Comments, Erin Davis:
DWR has particular concerns regarding the easement boundary south of the road on
the sloped area where cattle were congregating. The IRT requested to make the
access crossing internal to the easement. The proposed wetland approaches should be
clearly justified in the draft mitigation plan (creation vs. reestablishment), as discussed
during the IRT site visit.
5. USACE Comments, Kim Isenhour:
a.) During the site visit we discussed expanding the project to include the stream
channel north of the proposed easement boundary. This would allow the channel to be

raised adequately for full -restoration. I realize that different project managers are now
managing this site; please confirm whether this expansion was sought. b.) The
easement south of Lutz Dairy Farm Road should be expanded to include the ridge top
(southeast side) in the easement. c.) The crossing in the southern portion of the
project should be an internal easement break. d.) The Service Area for this bank
should align with the current approved Service Area Map. Please contact me for
language on a proposed extended service area.
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 March 23, 2022. We have determined that the proposed umbrella
mitigation bank appears to have the potential to restore aquatic resources within the 8-
digit HUC 03050102 of the Catawba River Basin; however, we request that you
address the enclosed agency concerns in the draft mitigation plan. Therefore, the
bank sponsor may proceed with preparation of a draft Umbrella Mitigation Banking
Instrument
(UMBI).
Please provide a response to the attached comments with your draft UMBI and
mitigation plan submittal. We appreciate your interest in restoring and protecting
waters of the United States. If you have questions regarding this letter, please contact
me at [phone] or by email at Kim berly.D.Browningp_usace.army.mil.
Sincerely,
Kimberly T Digitally signed by
• Kimberly T. Isenhour
Isenhour Date: 2022.12.09
15:30:56-05'00'
Kim Isenhour
Mitigation Project Manager
Regulatory Division - Wilmington District
Electronic Copies Furnished:
NCIRT Distribution List
Jamey McEachran—RES

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
November 17, 2022
Kim Isenhour
Raleigh Regulatory Field Office
USACE
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Kimberly.D.Browning([)c usace.army.mil
Re: RES Catawba ESA Umbrella Mitigation Bank: Beaver Tail mitigation project,
Lutz Dairy Farm Road, Lincolnton, Catawba County, SAW-2022-00657, ER 22-2516
Dear Ms. Isenhour:
Thank you for your public notice of October 31, 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(a�ncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
(1 - A_oL�Lt
j� 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: [phone]-6898