HomeMy WebLinkAboutUmbrella Mitigation Banking InstrumentJ?\t ED ST,?T?S
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
s ?? W REGION 4
ATLANTA FEDERAL CENTER
Z;F ,02 61 FORSYTH STREET
tirq< PF01 ATLANTA, GEORGIA 30303-8960
NOV ? r ?on
Mr Mickey Sugg
Wilmington Regulatory Field Office
Wilmington District, Corps of Engineers
P O Box 1890
Wilmington, NC 28402-1890
Subject North Carolina Department of Transportation, Umbrella Mitigation Banking
Instrument (UMBI) and Addendum for the Privateer Farm Site
Dear Mr Sugg
This is in response to the North Carolina Department of Transportation's
(NCDOT) Umbrella Mitigation Banking Instrument (UMBI), provided in an October 15,
2008 Public Notice The U S Environmental Protection Agency, Region 4, Wetland
Regulatory Section (EPA) has reviewed the UMBI and the Addendum for the Privateer
Farm Site, and has the following recommendations
The UMBI is acceptable There are several requirements spelled out in the April
10, 2008 revisions to 33 CFR Part 332 and 40 CFR Part 230 (2008 Mitigation Rule),
which are basically provided in the UMBI Other requirements are expected to be
provided in the addendum for specific mitigation bank sites, such as objectives, site
selection factors, site protection instruments, service area, baseline information, and other
information
The addendum for the Privateer Farm Site lacks certain information required by
the 2008 Mitigation Rule We recognize that the information is likely found elsewhere in
the historical documentation for this site However, the required information should at a
minimum, be summarized in the addendum Specifically, the following information was
not included
• Site selection factors
• Site protection instrument
• Maintenance plan
• Performance standards
• Long term monitoring plans, and
• Adaptive management plans
The information should be summarized from existing documents, or in the case of long-
term monitoring plans and adaptive management plans, the plans should be developed
and provided
Intemet Address (URL) • http //www epa gov
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
EPA participated in the North Carolina Interagency Review Team meeting on October 9,
2008 to discuss both the Croatan and Privateer mitigation sites and proposals for credits, credit
release schedule, and geographic service area NCDOT is proposing to use North Carolina
Wetlands Assessment Method (NCWAM) wetland types to reformulate the credit make-up of the
Privateer site EPA agrees that the use of NCWAM wetland types is preferable to the wetland
types currently listed for the site We look forward to reviewing the revised wetland types and
credit summary in the future
During the October 9, 2008 meeting, EPA expressed concerns with the proposed
Geographic Service Area (GSA) NCDOT proposed to include portions of several different 8-
digit Hydrologic Units (RUCs) in the region of the Privateer Mitigation Site, based upon the age
and success of the site, the quality of the site, and the Level III Ecoregion However, EPA does
not believe that the GSA should include areas outside of the River basin or Level III Ecoregion
The GSA is typically limited to the 8-digit HUC in which the site is located This is based upon
long-held policies which typically require the functions of the impacted wetlands to be replaced
in the same watershed as the impact This long-standing policy is upheld by the 2008 Mitigation
Rule, which states that "compensatory mitigation should be located within the same watershed
as the impact site, and should be located where it is most likely to successfully replace lost
functions and services " (see 230 93(b)(1) We note that the standard language for mitigation
bank instruments in North Carolina includes a clause stating that use of the bank outside of the
GSA may be considered on a case-by-case basis
Thank you for the opportunity to provide comments If you have any questions, please
contact Kathy Matthews at (9119) 541-3062, or matthews kathy@epa gov
Sincerely,
Duncan Powell
Acting Chief
Wetlands Regulatory Section
cc USACE, Wilmington
USFWS, Asheville
USFWS, Raleigh
NMFS, Beaufort
NCWRC, Creedmoor
NCWRC, Charlotte
NCDWQ, Raleigh
NCDCM, Raleigh
NCDOT/PDEA, Raleigh
J?\tED Srq,?s
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 4
o Q ATLANTA FEDERAL CENTER
61 FORSYTH STREET
Z??iTq< PROIeoo ATLANTA, GEORGIA 0303-8960
NOV
Mr David M Lekson
Washington Regulatory Field Office
Wilmington District, Corps of Engineers
P O Box 1000
Washington, NC 27889-1000
Subject North Carolina Department of Transportation, Umbrella Mitigation Banking Instrument
(UMBI) and Addendum for the Croatan Site
Dear Mr Lekson
This is in response to the North Carolina Department of Transportation's (NCDOT)
Umbrella Mitigation Banking Instrument (UMBI), provided in an October 15, 2008 Public
Notice The U S Environmental Protection Agency, Region 4, Wetland Regulatory Section
(EPA) has reviewed the UMBI, and the Addendum for the Croatan Site, and has the following
recommendations
The UMBI is acceptable There are several requirements spelled out in the April 10,
2008 revisions to 33 CFR Part 332 and 40 CFR Part 230 (2008 Mitigation Rule), which are
basically provided in the UMBI Other requirements are expected to be provided in the
addendum for specific mitigation bank sites, such as objectives, site selection factors, site
protection instruments, service area, baseline information, and other information
The addendum for the Croatan site is lacking in certain information required by the 2008
Mitigation Rule We acknowledge that the information is likely found elsewhere in the historical
documentation for this site However, the required information should at a minimum, be
summarized in the addendum Specifically, the following information was not included
• Site selection factors
• Site protection instrument
• Maintenance plan
• Performance standards
• Long term momtonnglplans, and
• Adaptive management plans
We recognize that for Croatan, which should be closed out soon, the need for a specific
maintenance and adaptive management plans has passed However, the remaining information
should be summarized from existing documents, or in the case of long-term monitoring plans
and adaptive management plans, the plans should be developed and provided
Intemet Address (URL) • http //www epa gov
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on Recycled Paper (Minimum 30% Postconsumer)
EPA participated in the North Carolina Interagency Review Team meeting on October 9,
2008 to discuss both the Croatan and Privateer mitigation sites and proposals for credits, credit
release schedule, and geographic service area NCDOT is proposing to use Light Detection and
Ranging (LIDAR) data and North Carolina Wetlands Assessment Method (NCWAM) wetland
types to reformulate the credit make-up of the Croatan site Specifically, LIDAR data and
NCWAM wetland types may demonstrate greater acreage of riparian wetlands, and may also
elucidate stream mitigation which can be utilized under the 2007 Coastal Plain Stream
Guidelines EPA agrees that the use of NCWAM wetland types is preferable to the wetland
types currently listed for the site We are also willing to consider stream credit on portions of the
site which can be documented to have flow We look forward to reviewing the revised wetland
types and credit summary in the future
During the October 9, 2008 meeting, EPA expressed concerns with the proposed
Geographic Service Area (GSA) for the Croatan site NCDOT proposed to include the entire
Middle Atlantic Coastal Plain within North Carolina's borders for Croatan's GSA, based upon
the age and success of the site, the quality of the site, and the Level III Ecoregion However,
EPA does not believe that the GSA should include areas outside of the River basin or Level III
Ecoregion The GSA is typically limited to the 8-digit Hydrologic Unit in which the site is
located This is based upon long-held policies which typically require the functions of the
impacted wetlands to be replaced in the same watershed as the impact This long-standing policy
is upheld by the 2008 Mitigation Rule, which states that "compensatory mitigation should be
located within the same watershed as the impact site, and should be located where it is most
likely to successfully replace lost functions and services " (see 230 93(b)(1) We note that the
standard language for mitigation bank instruments in North Carolina includes a clause stating
that use of the bank outside of the GSA may be considered on a case-by-case basis
Thank you for the opportunity to provide comments If you have any questions, please
contact Kathy Matthews at (919) 541-3062, or matthews kathy @ epa gov
Sincerely,
Duncan Powell
Acting Chief
Wetlands Regulatory Section
cc USACE, Wilmington
SFWS, Asheville
USFWS, Raleigh
NMFS, Beaufort
NCWRC, Creedmoor
NCWRC, Charlotte
NCDWQ, Raleigh
NCDCM, Raleigh
NCDOT/PDEA, Raleigh