Initial Evaluation Letter_WEI Yadkin05_Four Hills Site_SAW-2021-02378

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
. WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
January 3, 2023
Regulatory Division
Action ID No. SAW-2021-02378
Re: NCIRT Initial Review of the Wildlands Yadkin 05 Umbrella Mitigation Banking
Instrument and Four Hills Mitigation Site Prospectus
Mr. Aaron Earley
Wildlands Engineering, Inc.
1430 S. Mint Street, Suite 104
Charlotte, NC 28203
Dear Mr. Earley:
This letter is regarding your prospectus document dated November 2022, for the
proposed Wildlands Yadkin 05 Umbrella Mitigation Bank and associated Four Hills
Mitigation Site. The proposal consists of the establishment and operation of a private
commercial umbrella mitigation bank, and the associated 76-acre Four Hills Mitigation
Site, located at 236 Little Creek Road in Wadesboro, Anson County, North Carolina
(35.142190° N,-80.1478100 W). The proposed Four Hills Mitigation Site would include
stream restoration, enhancement, and preservation, in addition to wetland restoration
activities within the Yadkin River watershed (8-digit hydrologic unit code (HUC):
03040105).
The Corps determined the Prospectus was complete and issued a public notice (P/N
# SAW-2021-02387) on November 23, 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, The Cherokee
Nation Tribal Historic Preservation Office, NC Wildlife Resource Commission, US Fish
and Wildlife Service, the U.S. Environmental Protection Agency, and the US Army
Corps of Engineers.
IRT COMMENTS TO BE ADDRESSED IN THE DRAFT MITIGATION PLAN:
1. USFWS Comments, Byron Hamstead:
We offer the following comments regarding potential project -mediated impacts to
federally listed species:

Northern long-eared bat
We appreciate the Applicant's consideration for project -mediated impacts to the
federally threatened northern long-eared bat (Myotis septentrionalis). On September 21,
2022, the consultation range for this animal was updated based on the best available
scientific data. Based on the information provided, the action area (50CFR 402.02) for
this project is now outside of the species' consultation range. Therefore, consultation for
this animal is not required at this location.
Schweinitz's sunflower
Recent records for the federally endangered Schweinitz's sunflower (Helianthus
schweinitzii) occur in the project vicinity. Based on the information provided, it is unclear
if suitable habitat is present within the action for this species. This plant does not
typically occur in riparian habitats and very few records occur within floodplain habitats.
This plant typically occurs along forest edges, maintained rights of way, fence lines, and
a variety of transitional habitats. It prefers full sun or partial shade, but is not tolerant of
full shade. This plant is a relatively poor competitor and typically occurs where the
disturbance regime is frequent enough to suppress competition from other vegetation.
This species does not typically occur in dense understory or where there may be ample
competition from other species (especially non-native and/or invasive species).
If project proponents determine that suitable habitat is not present within the action
area, a "no effect" determination would be appropriate for this species. Moreover, our
concurrence is not required for "no effect" determinations made by action agencies.
However, if suitable habitat is present for this species within the action area, and
targeted botanical surveys conducted during the appropriate timeframe (late August -
October) did not detect this species at that time, we would concur with a "may affect, not
likely to adversely affect determination from the action agency. It looks like the Applicant
conducted surveys August and September 2021 - which is great.
Tricolored bat
Suitable habitat for tricolored bat (Perimyotis subf/avus) may present at the site. On
September 14, 2022, the Service published a proposal in the Federal Register to list the
tricolored bat as endangered under the Act. The Service has up to 12 months from the
date the proposal published to make a final determination, either to list the tricolored bat
under the Act or to withdraw the proposal. The Service determined the bat faces
extinction primarily due to the range -wide impacts of WNS. Because tricolored bat
populations have been greatly reduced due to WNS, surviving bat populations are now
more vulnerable to other stressors such as human disturbance and habitat loss.
Species proposed for listing are not afforded protection under the Act; however, as soon
as a listing becomes effective (typically 30 days after publication of the final rule in the
Federal Register), the prohibitions against jeopardizing its continued existence and
"take" will apply. Therefore, if you suspect your future or existing project may affect
tricolored bats after the potential new listing goes into effect, we recommend analyzing
possible effects of the project on tricolored bats and their habitat to determine whether
consultation under section 7 of the Act is necessary. Conferencing procedures can be

followed prior to listing to ensure the project does not jeopardize the existence of a
species. Projects with an existing section 7 biological opinion may require re -initiation of
consultation to provide uninterrupted authorization for covered activities. Please contact
our office for additional guidance or assistance.
Although not required at this time, avoiding tree -clearing activities from April 1 -
October 15 would minimize impacts to this animal and support our concurrence with a
"may affect, not likely to adversely affect" determination from the action agency for this
species should it become listed in the future.
Monarch butterfly
Monarch butterfly (Danaus plexippus) is a candidate species, that may occur within
the proposed action area. 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.
Based on the information provided, we have no concerns for project -mediated
impacts to any other federally listed species 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 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.
2. NCWRC Comments, David McHenry and Olivia Munzer:
No substantive comments at this time other than to include details on the pond
dewatering. Looking forward to reviewing the draft mitigation plan.
3. THPO, Cherokee Nation, Kinsey Shade:
Many thanks for the review request, SAW-2021-02387, Wildlands Yadkin 05 UMB-
Four Hills Mitigation Site. Anson County, North Carolina. is outside the Cherokee
Nation's Area of Interest. Thus, this Office respectfully defers to federally recognized
Tribes that have an interest in this land base at this time. There is no need to contact
our Office for reviews in Anson County, North Carolina.
4. USACE Comments, Kim Isenhour:
a.) Is there an opportunity to include the existing wetland along Little Creek, near
crossing #3, in the easement? b.) Are you able to include the stretch of Little Creek at
the confluence of UT4 in the easement? c.) Please include the gauge data for stream
flow and wetland hydrology in the draft mitigation plan.
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
January 11, 2022. We have determined that the proposed umbrella mitigation bank

appears to have the potential to restore aquatic resources within the 8-digit HUC
03040105 of the Yadkin 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 Kimberly. D.Browning(a)usace.army.mil.
Sincerely,
Kimberly T.
Isenhour
Kim Isenhour
Digitally signed by
KimberlyT. Isenhour
Date: 2023.01.03 17:08:52
-05'00'
Mitigation Project Manager
Regulatory Division - Wilmington District
Electronic Copies Furnished:
NCIRT Distribution List
Shawn Wilkerson —Wild lands Engineering, Inc.

Memorandum to the Record
December 6, 2022
Agency Comments for the Four Hills Mitigation Site (SAW-2021-02387)
Prospectus Associated with the Wildlands Yadkin 05 Umbrella Mitigation
Bank in Anson County, North Carolina.
Kim,
Thank you for the opportunity to provide feedback and comments on the Four Hills Mitigation
Site (the Site or Project) Prospectus as the primary location for the Wildlands Yadkin 05
Umbrella Mitigation Bank (UMB). Wildlands Holdings IX, LLC (Wildlands), 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 Project will include restoration of streams and wetlands along Little Creek, its fourteen
unnamed tributaries and associated floodplains. Wildlands proposes stream mitigation including
8,311 linear feet (lf) of restoration, 870 if of enhancement I, 9,005 of enhancement II and 608 if
of preservation. Proposed wetland mitigation includes 4.0 acres of reestablishment and 4.4 acres
of rehabilitation. The Site will, upon successful completion of performance and closeout, will
include 12,277 warm water stream credits and 6.178 riparian wetland credits to compensate for
impacts within the Yadkin 05 geographic service area (Hydrologic Unit 03040105).
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 Four Hills Prospectus dated November 1, 2022. Page
numbers refer to the entire pdf document offered for review:
1. General:
o I am attempting to understand the rationale for the thin conservation easement
along Little Creek. Is this to allow for cattle exclusion fencing only? Little to no
riparian buffer is being protected along the right bank of Little Creek.
o In the future, please provide documents that are searchable for terms. The pdf of
the Prospectus either used a non-standard font or other format mechanism that
prevented me from performing document searches.
o I am almost certain that this bank is formally called the "Wildlands Yadkin 05
Umbrella Mitigation Bank". If this is the case, please refer to it as such in all
future documents.
o I would have liked to see some discussion of the constraints in project parameters,
mainly in the arena of crossings and culverts. Understandably this can be
presented in the mitigation plan for the Four Hills site but some rationale for

crossing locations, aside from current culvert placement should be provided in the
prospectus and the mitigation plan going forward.
o Happy to see some in -line ponds being removed. However, many of the
tributaries that originate inside the conservation easement are receiving
substantial runoff from the adjacent pastures without any BMPs (aside from
minimum width buffers) to treat the nutrient flux. Does Wildlands have a strategy
to deal with concentrated runoff from adjacent pastures?
o Happy to see that the conservation easement boundaries were expanded by 27%
to provide larger/wider riparian buffer; a feature this project could use more of
due to the adjacent active livestock operation and pastures.
2. Section 3.1.1/Page 10: Is there a strategy to locate and remove the buried creosote treated
poles in the Little Creek floodplain?
3. Section 4.1/Page 18: Is the impoundment on UT7 Reach 2 caused by a dam or a clogged
culvert? (culvert shown on Figure 4b)
4. Section 8.2/Page 27: Recommend adding thresholds (aside from "minor" or "major") for
notification of the Corps/IRT and/or undergoing corrective action.
5. Section 8.3/Page 27: Has a long-term site steward been identified?
Thank you for the opportunity to provide feedback, comments, and concerns with the draft
prospectus for the Four Hills Mitigation Site in Anson County, NC. Wildlands has provided a
potentially suitable plan to offset impacts and provide compensatory stream and wetland credits
within the Yadkin River 05 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 [e-mail].
Best Regards,
Todd Bowers
Comments submitted to Kimberly Isenhour (SAW -PM) via email on December 6, 2022.

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
December 7, 2022
Kim Isenhour
U.S. Army Corps of Engineers -Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Kimberly.D.Browninggusace.army.mil
Re: Four Hills mitigation site, Little Creek Road and Plank Road, Wadesboro, Anson County,
ER 21-2888
Dear Kim Isenhour:
Thank you for your letter of November 03, 2022, transmitting the draft final prospectus for the Four Hills
mitigation site. We have reviewed the submittal and offer the following comments.
We have no objection to the prospectus and have no additional comments 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.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
(1� )akdL�V
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