20081235 Ver 1_Other Agency Comments_20090122

IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
January 21, 2009
ORM ID SAW 200802310 / Brice Creek Wetland Mitigation Bank
Mr. Christian Preziosi
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402
Dear Mr. Preziosi:
D?
?,._. JAN 2 2 2009
DENK WptER: WA NCR cti
?Ttp,NDS AND Sj??
On December 15, 2008, we issued a public notice describing the proposed Brice Creek
Wetland Mitigation Bank you are developing on an approximate 617 acre tract of land located
south of U.S. Highway 70 and east of Catfish Lake Road, in the community of Croatan, Craven
County, North Carolina.
After review of the public notice and project prospectus, the North Carolina Division of
Water Quality provided comments in a letter dated January 9, 2009 (copy attached). It is
Department of the Army policy to provide a project proponent the opportunity to furnish a
proposed resolution or rebuttal to all comments and/or objections from the public and
government agencies before a final decision is made. In this regard, I would appreciate receiving
any comments that you have on this matter.
Thank you for your time and cooperation. The Wilmington District is committed to
providing the highest level of support to the public. To help us ensure we do so, please complete
the Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/. If
you have any questions, please call me at the Washington Regulatory Field Office, telephone
[phone], extension 23.
Sincerely,
0
W,-- Raleigh W. Bland, P.W.S.
Regulatory Project Manager
Copies Furnished (with enclosures):
Ms. Kathy Matthews
United States Environmental Protection Agency
Wetlands Regulatory Section
Mail Code: E143-04
Research Triangle Park, North Carolina 27711
Mr. Steve Rynas
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Ron Sechler
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Howard Hall
United States Fish and Wildlife Service
Ecological Services-Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Maria Dunn
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Ms. Tammy Hill
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
Mail Service Center 1650
Raleigh, North Carolina 27699-1650
2
OF WATT v
\OC? 9QG Michael F: Easley, Goveinor
William G. Ross Jr., Secretary
j r North Carolina Department of Environment and Natural Resources
p Coleen Sullins, Director
Division of Water Quality
January 9, 2009
Mr. David Lekson
Department of the Army, Corps of Engineers
Washington Regulatory Field Office
P.O. Box 1000 p v
Washington, NC 27889-1000
JAN 2 2 2009
Re: Brice Creek Wetland Mitigation Bank
Craven County DENR ? wA7'ER QUALIn
WETLANDS AND STORMWA7ER BRANCH
ORM ID SAW-2008-02310
NC DWQ # 20081235
Dear Mr. Lekson:
The Division of Water Quality (DWQ) 401 Oversight and Express Review Permitting Unit has reviewed
the Public Notice and Mitigation Bank Prospectus (Updated November 2008) for the above-referenced
mitigation bank. Our comments are as follows:
As noted in our letter dated September 12, 2008, DWQ continues to have concerns regarding the
proposed geographic service area (GSA) for the reasons detailed in that letter. Our rules (15A NCAC
2H .0506 (h)(8)) indicate that mitigation shall occur within the same river basin when practical, and
current policies note our preference for mitigation within the same 8-digit hydrologic unit as the impact.
The GSA should include the area in which the mitigation site can reasonably be expected to offset the
loss of water quality due to impacts of similar wetland resources. We are currently working with the
Interagency Review Team (IRT) toward approving a GSA for the Croatan Wetland Mitigation Bank, a
component of NCDOT's Umbrella Mitigation Bank, which is located in close proximity to the proposed
Brice Creek Mitigation Bank. General consensus among the IRT appears to be that in order to receive
approval for extending the GSA into the White Oak Basin, there will need to be substantive modeling
showing that the areas included in the GSA are connected in regards to water quality. As we work
toward finding answers to these questions based on ecological rationale, we suggest that the GSAs
approved for the two banks should be consistent. Based upon the prospectus, it appears that the bank
sponsor anticipates consulting with the IRT regarding the GSA to be included in the mitigation banking
instrument (MBI). We appreciate this spirit of cooperation and look forward to further discussions
regarding this issue.
North Carolina
401 Oversight/Express Review Permitting Unit NWAMZ4
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http:Hh2o.enr.state. nc us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Lekson
Proposed Brice Creek Wetland Mitigation Bank
Page 2 of 2
In evaluating the potential functionality of the site, it would be helpful to have more details regarding
current and projected land use in the surrounding area, the proposed GSA, and if applicable, within the
larger watershed or basin.
The prospectus notes that further hydrologic and hydraulic study will need to be done to more clearly
define the extent of the project. It also notes that a jurisdictional determination will be obtained. These
data should be used to revise the lines between restoration, enhancement, and preservation activities,
such that enhancement and preservation occur on areas that are already jurisdictional wetlands while
restoration occurs on areas that currently are not wetlands.
We suggest that if enhancement activities include a vegetation clearing component, an effort is made to
preserve any large trees, especially those of desirable species.
We recommend that comparison with monitoring data from an appropriate reference wetland be
included in evaluating the success of the proposed restoration area, especially during years with
precipitation totals outside of the normal range. We also feel that the proposed allowable percentage of
volunteer tree species is too high. Since loblolly pine, red maple, and sweet gum are listed as the
dominant species presently on the tract, it may require more aggressive management of these in order
for planted vegetation to become established.
Although we have some concerns, we believe that all of them can be resolved by working together with
the IRT and the bank sponsor. We look forward to visiting the site and reviewing a more detailed
mitigation plan for the project. Please feel free to contact Tammy Hill at [phone] or
[e-mail] regarding any issues related to this bank.
Sincerely,
yn i B. Karoly, Program Manager
401 Oversight and Express Review Program
Cc: File Copy (Tammy Hill)
DWQ, Washington Regional Office
Matt'Matthews, DWQ Wetlands and Stormwater
Ms. Kathy Matthews, US EPA
Mr. Ron Sechler, NMFS
Mr. Howard Hall, US FWS
Ms Maria Dunn, NC WRC
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
N ` Carolina
Noatima!!y
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper