20230306 Ver 1_Initial Evaluation_NCDMS Bowser's Branch

Polizzi, Maria
From:
Tugwell, Todd J CIV USARMY CESAW (USA) <[e-mail]>
Sent:
Thursday, May 25, 2023 1:28 PM
To:
Dunnigan, Emily
Cc:
Isenhour, Kimberly T CIV USARMY CESAW (USA); Cathy Brittingham; Davis, Erin B CIV
USARMY CESAW (USA); Haywood, Casey M CIV USARMY CESAW (USA); Kathryn
Matthews; Kichefski, Steven L CIV USARMY CESAW (USA); Mac Haupt; Maria Polizzi
([e-mail]); NCDCR - Environmental Review; Sugg, Mickey T CIV
USARMY CESAW (USA); Todd Bowers; Travis Wilson; Twyla Cheatwood
Subject:
[External] Initial Evaluation / NCDMS Bowser's Branch / SAW-2023-00335 /
Cumberland County
Attachments:
Bowsers_Branch_PostCon_IRT_site_visit_02212023_notes.pdf
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Good afternoon,
This email is regarding the Technical Proposal for the below referenced mitigation site, which was submitted to the
Wilmington District Mitigation Branch for inclusion in the NC Division of Mitigation Services In -lieu Fee Program as an
instrument modification. A field review of the site was conducted with members of the NCIRT, the minutes of which are
attached for reference. The Corps has considered the comments received during the public notice, along with
information that was discussed during the NCIRT site review. Based on the information that was provided in the
technical proposal, the site review, and the comments that were provided by the NCIRT during the field review, we have
continuing concerns regarding the ability of this site to restore, enhance, and/or preserve aquatic resources in
accordance with the provisions of the 2008 Federal Mitigation Rule and the NCDMS Instrument approved on July 27,
2010. In this case, our concerns are specifically associated with the fragmentation of the site, the limited overall size of
the project, and also recent clearing of buffers along portions of the site. While in this case we do not believe that
activities recently conducted on the site require further investigation as potential unauthorized activities under Section
404 of the Clean Water Act, we do believe that the overall condition and limited functional uplift potential mean that we
cannot further pursue this as a compensatory mitigation site in it's current configuration.
We appreciate your interest in restoring and protecting waters of the United States. Please contact me if you have any
questions and/or concerns, or wish to set up a meeting to discuss this matte in more detail.
Respectfully,
Todd TugwelI
Chief, Mitigation Branch
Regulatory Division
Wilmington District, USACE
[phone]
Project Information: (taken from the info they send us for the site visit and/or PN email)
ILF Site Name: Bowser's Branch
USACE Action ID: SAW-2023-00335
NCDMS Project #: 100649
County: Cumberland
Site Coordinates: 35.128079,-78.820037

Service Area: Cape Fear 03030004
Mitigation Units: 1,500 SMUs/10.0 WMUs
Date Submitted: January 25, 2023
Field Review Date: February 21, 2023