20081559 Ver 1_WRC Comments_20081201

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
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ATLANTA FEDERAL CENTER
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DEC 0 1 im
Mr. Bill Biddlecome
Washington Regulatory Field Office
U.S. Army Corps of Engineers
P.O. Box 1000
Washington, NC 27889-1000
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SUBJ: Neu-Con Mitigation Bank: Juniper Farms (formerly Valentine) Preservation site,
Johnston County, North Carolina.
Dear Mr. Biddlecome:
This letter is in response to your request for review and comment on the
September 2008 "Preservation Letter" submitted by Environmental Banc & Exchange,
LLC (EBX), for Juniper Farms Mitigation Site, in Johnston County, North Carolina. The
U.S. Environmental Protection Agency, Region 4, Wetlands Regulatory Section (EPA)
has reviewed the Preservation Letter have the following comments for your consideration
and the consideration of the project sponsor.
In our June 18, 2008, letter and during the field inspection on August 19, 2008,
we expressed concerns for the age of the stands on the Juniper Farms site, particularly
those which are less than 20 years old. Although we acknowledge that most of the site is
forested, the majority of the site is not mature. There are a few areas of open water and it
is doubtful that these areas will ever recover significant tree cover. In particular, EPA
notes the large area in the northwest quadrant, which is shown as open water on the
historical aerial photography, dating back to 1973.
We note that the vegetated plots that were sampled to provide tree stand
information are typically on the south side of the site. There were few or no plots on the
northern side of the site. The reason for failure to provide vegetation sample plots in the
northern side of the site should be explained.
Given our concerns listed above with the immaturity of the site, EPA
recommends a mitigation ratio of 8:1 or higher for the successional areas of the site. This
would revise the available mitigation credits to about 37.6.
Although the mitigation plan is not organized so as to quickly ascertain
compliance with the list of required elements in the 2008 Revisions to 40 CFR Part 230
and 33 CFR Part 332 (2008 Mitigation Rule), it appears that the preservation letter does
address most of the requirements. However, EPA recommends that the mitigation plan
name the qualified land trust or other entity which will hold the conservation easement on
Intemet Address (URL) • http://www.apa.gov
Recycled/Recyclable . Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Posiconsumer)
the Juniper Farms Site. The 2008 Mitigation Rule requires the party responsible for long-
term management of the project to be identified in the permit conditions or instrument.
In addition, any provisions necessary for long-term management financing must be
addressed in the instrument.
Thank you for the opportunity to comment on this project. Please contact Kathy
Matthews at 919-541-3062 or [e-mail] with any questions or comments.
Sincerely,
Duncan Powell
Acting Chief
Wetlands Regulatory Section
cc: USFWS, Raleigh
NMFS, Pivers Island
NCWRC, Creedmoor
NCDWQ, Raleigh
2
Gary Jordan
USFWS
P.O. Box 33726
Raleigh, North Carolina 27636 - 3726
Ron Sechler
Habitat Conservation Division
NOAA Fisheries
101 Pivers Island Road
Beaufort, North Carolina 28516-9722
Ms. Cyndi Karoly, Env. Sup.
Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
Travis Wilson
Eastern Region Highway Project Coordinator
Habitat Conservation Program
NC Wildlife Resources Commission
1142 I-85 Service Rd.
Creedmoor, NC 27522