20230823 Ver 1_Initial Evaluation Letter_WLS Cape Fear 02 UMB-Toadstool

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS 69
DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

October 25, 2023

Regulatory Division

SUBJECT: NCIRT Initial Review of the WLS Cape Fear 02 Umbrella Mitigation Banking
Instrument and the Toadstool Mitigation Site (SAW-2023-01132)

Ms. Cara Conder
Water and Land Solutions, LLC
7721 Six Forks Rd. Suite 130
Raleigh, NC 27699

Dear Ms. Conder:

This letter is regarding your prospectus document dated September 2023, for the WLS
Cape Fear 02 UMB and the proposed Toadstool Mitigation Bank (Site). The proposal
consists of the establishment of a new 67.4-acre mitigation bank known as the Toadstool
Mitigation Bank (Site), located in Elon, Caswell County, North Carolina (36.279907° N, -
79.425530° W). The proposed Toadstool Mitigation Site would include stream restoration,
enhancement, and preservation of eight tributaries broken down into 10 treatment
sections (Benton Branch, S100-R1, S100-R2, S101, S200-R1, S200-R2, S201, S300,
S301, and S302) totaling approximately 19,861 linear feet of streams and 0.76 acres of
riparian wetlands. within the Cape Fear watershed (8-digit hydrologic unit code (HUC):
03030002).

The Corps determined the Prospectus was complete and issued a public notice (P/N
# SAW-2023-01132) on September 20, 2023. 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, and US Fish and Wildlife Service.

The Corps has considered the comments received from members of the Interagency
Review Team (IRT) and information that was discussed during the IRT site reviews on
August 04, 2023. We have determined that the proposed umbrella mitigation bank
appears to have the potential to restore aquatic resources within the 8-digit HUC
03030002 of the Cape Fear River Basin; however, we request that you address the
enclosed agency concerns in the draft mitigation plan.

-2-

Please provide a response to the attached comments with your draft 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 Casey Haywood at
[phone] or by email at [e-mail].

Sincerely,

Todd Tugwell
Chief, Mitigation Branch

Enclosure

cc (by email):
NCIRT Distribution List

CESAW-RGM 24 October 2023

MEMORANDUM FOR RECORD

SUBJECT: Agency Comments for the WLS Cape Fear 02 Umbrella Mitigation
Banking Instrument: Toadstool Mitigation Site (SAW-2023-01132)
Final Prospectus

NCDWR, Maria Polizzi:

1. Table 4: SAM scores, channel types and other details about existing conditions
have changed between the previous prospectus document and the current. For
example, S100-R1 and S100-R2 were both classified as SAM high in the previous
report and are now shown as medium. Why have these scores changed? In the
future it may be helpful to highlight changes like this since existing conditions are
not something that typically changes between a draft and final prospectus.
2. DWR still does not support a 1:1 credit ratio for S100-R1. Although DWR agrees
that uplift will be provided with the described restoration strategy, the existing
condition is not significantly degraded. There is a full riparian buffer, good bed form
diversity, mussels and/or mussel shells were observed onsite, etc. and therefore it is
my opinion that the uplift is not great enough to warrant a 1:1 ratio.
3. DWR supports WRC’s and USACE’s request for a mussel survey as discussed at
the field visit.
4. DWR is pleased that an LSS has already evaluated the onsite hydric soils. Please
include the soils report based on the field survey as an appendix in the draft plan. A
soil series approximation should also be provided by the LSS so that hydroperiod
performance requirements can be determined.

NCWRC, Olivia Munzer:

1. A survey for state-listed mussels will be needed at this project.

North 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.

Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898
October 19, 2023

Casey Haywood [e-mail]
USACE-Wilmington District
District Mitigation Branch
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587

Re: Toad Stool Mitigation Site, Iaiah Walker Road, Elon, Caswell County, SAW-2023-01132,
ER 23-2135

Dear Casey Haywood:

Thank you for your letter of September 20, 2023, regarding 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
[e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.

Sincerely,

Ramona Bartos, Deputy
State Historic Preservation Officer

October 23, 2023

Attention: Casey Haywood
District Mitigation Branch
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587

Re. THPO # TCNS # Project Description
2023-56-44 SAW-2023-01132

Dear Ms. Haywood,

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 803-328-7369, or e-mail
[e-mail].

Sincerely,
Wenonah G. Haire
Tribal Historic Preservation Officer

Catawba Indian Nation
Tribal Historic Preservation Office
1536 Tom Steven Road
Rock Hill, South Carolina 29730

Office 803-328-2427
Fax [phone]
From:Matthews, Kathryn H
To:Haywood, Casey M CIV USARMY CESAW (USA)
Cc:Mann, Leigh
Subject:[Non-DoD Source] Fw: Public Notice WLS Cape Fear 02- Toadstool Mitigation Site SAW-2023-01132 (USFWS
Project Code 2023-0087337)
Date:Friday, September 29, 2023 4:33:57 PM
Hi Casey,
The Service does not have any significant concerns for this Project. The tricolored bat (TCB) is
on the species list for this project, and may be affected by tree removal and culvert
modification or removal activities. Since the TCB is not listed, the appropriate determination
is "not likely to jeopardize the existence of the species." If the TCB is listed prior to completion
of work on the site, the Corps should coordinate with us as appropriate.
Thanks, and have a good weekend,
Please note that I am teleworking Wednesday through Friday, every week. I have a new
phone number - See Below!
Kathy Matthews
NC Renewable Energy Coordinator &
Fish and Wildlife Biologist
U.S. Fish and Wildlife Service
551-F Pylon Drive
Raleigh, NC 27606
NEW Phone! 984-308-0852
From: Mann, Leigh <[e-mail]>
Sent: Wednesday, September 20, 2023 2:35 PM
To: Matthews, Kathryn H <[e-mail]>
Subject: DUE DATE: OCTOBER 20, 2023 Fw: [EXTERNAL] US Army Corps of Engineers Public Notice
WLS Cape Fear 02- Toadstool Mitigation Site SAW-2023-01132

Leigh Mann
Office Automation
USFWS Raleigh ES FO
551-F Pylon Drive
Raleigh, NC 27606
Office: 1-984-308-0848
Fax: [phone]
[e-mail]

[phone] • [e-mail]
7721 Six Forks Road, Suite 130, Raleigh, NC 27615, United States
www.waterlandsolutions.com

Meeting Minutes

Toadstool Mitigation Project, SAW-2023-01132

Subject: NCIRT Draft Prospectus Site Meeting
Date Prepared: August 4, 2023
Meeting Date and Time: August 2, 2023 at 9:30 am – 2:30 pm
Meeting Location: 36.279907°, -79.425530° (Caswell County, NC)
Attendees: USACE: Kim Isenhour, Casey Haywood (NCIRT)
NCDEQ DWR: Maria Polizzi, Blake Hartshorn, Stephanie Goss (NCIRT)
NCWRC: Olivia Munzer (NCIRT)
WLS: Kayne Van Stell, Cara Conder, and Daniel Ingram

These meeting minutes document notes and discussion points from the North Carolina Interagency
Review Team (NCIRT) Draft Prospectus Site Meeting for the Toadstool Mitigation Project (Cape Fear
River Basin, CU 03030002). The proposed bank site is located in Caswell County, near Elon, North
Carolina. The meeting began at 9:30 am with a general summary of the overall project concepts. After
the site overview, attendees toured the project site to review existing conditions, proposed mitigation
types, design approaches, and site concepts. In general, the project site review notes are presented
below in the order they were discussed/visited.

General
• Kim/USACE recommended submitting the bank as an UMBI vs. a stand-alone MBI.
• Group stated that this project connects to another mitigation bank, Restoration Systems – Benton
Branch.

Benton Branch (upper)
• Group started site visit at upper Benton Branch and noted the cattle access.
• Olivia/WRC noted that there might be state listed mussel species in the project area or
surrounding areas. Olivia also found one empty mussel shell.
• WLS described the Enhancement Level II approach in this section, which will involve bank
stabilization, narrowing up base flow in overwidended areas, cattle exclusion, and planting the
buffer. In general, EII work will involve localized treatments and not include the entire reach
length.
• Kim/USACE asked if full restoration approach (Priority Level I) was considered for Benton
Branch. Kayne/WLS noted that given the larger channel size/drainage area, the bank
stabilization and floodplain excavation would require significant tree removal, cost prohibitive, and
potentially add excess fine sediment.

[phone] • [e-mail]
7721 Six Forks Road, Suite 130, Raleigh, NC 27615, United States
www.waterlandsolutions.com
• Kim/USACE requested an Existing Conditions map in the prospectus that shows where these
spot treatments will be done for cattle trampling, mass wasting, eroding banks, etc.

S101
• The draft prospectus proposed this reach as an Enhancement Level I approach and USACE
recommended full restoration instead based on deepened channel and poor connection with
S100.
• WLS will install a flow gauge on this reach during monitoring.
S100
• Group started at S100-R1 below the road culvert. S100-R1 is incised, entrenched, and not in the
low point of valley.
• USACE recommended WLS coordinate with DOT at the mitigation plan stage for any work on the
perched culvert and future DOT plans (STIP) for road expansion or culvert replacement. USACE
requested the easement boundary be offset approximately 50-ft from DOT right-of-way.
• USACE and WRC stated that a mussel survey will likely need to be conducted on this reach
before the mitigation plan is submitted. Although the channel did not have base flow, the stream
form scored perennial and Olivia found several mussels along S100.
• USACE asked if the left bank easement will go to top of slope. WLS replied that the property line
is generally the valley edge/toe. WLS will have a minimum 50-ft buffer; and if that is not possible
throughout the reach, the buffer tool will be used to adjust credits if needed.
• S100-R2 is an Enhancement Level II approach and begins where the channel becomes less
incised and entrenched. A full geomorphic survey will determine the exact transition from
restoration and proposed bank treatments in the draft mitigation plan.
• USACE requested the Enhancement sections of S100 also have an existing conditions map
done where work is proposed.
• WRC stated it is difficult for them to justify the need for restoration on this reach with the mature
buffer, high NC SAM score on sections, and from a wildlife/biology standpoint.
• The starting point of S100-R3 will be moved downstream from draft prospectus location to a large
bedrock knickpoint.
• Group continued to walk downstream to S100-R3 and S100-R4. WLS/Kayne described the
concept design approach at the transition from S100-R3 to S100-R4 as a shallow Priority Level II
approach.

Benton Branch (lower)
• Group walked to confluence of S100-R4 and Benton Branch. USACE requested to provide what
uplift will be provided and justification for credit ratio. Similar to upper Benton Branch, EII work
will consist of bank stabilization, narrowing up base flow in overwidended areas, improving
overbank flow by cutting notches in levee, and planting the buffer (min 50 ft). In general, EII work
will involve localized treatments and not the entire reach length.

[phone] • [e-mail]
7721 Six Forks Road, Suite 130, Raleigh, NC 27615, United States
www.waterlandsolutions.com

S200
• Group walked S200 and the IRT agreed with restoration approach on S200-R1. USACE
requested ag BMPs where concentrated flow is coming from cattle pasture. WLS can add
approximate BMP locations in final prospectus, but final locations and size will be based on
survey and provided in mitigation plan.
• On S200-R2, WLS to map where localized work being done for Enhancement II.

S301
• Group walked part of S301, which was not in draft prospectus, but will be added in final
prospectus.
• WLS explained that the channel is stable and does not need work, but the reach will be fenced
and planted where there is currently no buffer. This reach will be an Enhancement II approach
and ratios will be justified in mitigation plan.

S300
• Group walked part of S300 and agreed it was a preservation reach. USACE requested 100 ft
wide buffers. USACE/Kim asked if WLS had identified reference reaches for the project.
WLS/Daniel noted that sections of S300/S301 may be used for reference reach information
during the assessment phase of the project.

Summary
• USACE requested wider buffers (>50 ft) when possible and justification on Enhancement II
approaches.
• USACE requested a wetland gauge be installed in the hydric soils area on S200-R1.
• USACE stated it would be helpful to have a reference reach identified in the prospectus.
• WRC noted that a mussel survey will likely need to be done on Benton Branch and S100.
Olivia/WRC to confirm with WLS if mussel survey is needed.
• Maria/DWR noted she didn’t agree with restoration approach at 1:1 ratio on S100-R1 and to
justify that uplift and credit ratio.
• Olivia/WRC noted a bat survey might need to be done, but coordinate with FWS if any comments
during public notice.
• USACE and DWR stated that they prefer the crossings to be internal crossings and the long-term
steward would enforce any maintenance after monitoring. WLS stated the landowner has
reasons for wanting it to be external and will justify in the mitigation plan.
• Overall, the IRT members agreed the project is suitable to provide compensatory mitigation,
provided it is properly justified in the mitigation plan.
• WLS will provide a Final Prospectus after additional data collection on Enhancement II reaches.
• Cara/WLS called Kim/USACE on 8/3/23 to confirm meeting notes. Kim recommended that WLS
should take an Enhancement I approach on all of S100 and provide the existing conditions

[phone] • [e-mail]
7721 Six Forks Road, Suite 130, Raleigh, NC 27615, United States
www.waterlandsolutions.com
mapping on entire reach and note type of work to be done (bank stabilization, structure
installation, etc.).

The above minutes represent Water & Land Solutions’ interpretation and understanding of the meeting
discussion and actions. If recipients of these minutes should find any information contained in these
minutes to be in error, incomplete, please notify the author with appropriate corrections and/or additions
within five business days to allow adequate time for correction and redistribution.