20040325 Ver 2_Other Agency Comments_20090310

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0 North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
MEMORANDUM
To: Mickey Sugg
US Army Corps of Engineers
From: Molly Ellwood A?"
Southeast Permit Coordinator
NC Wildlife Resources Commission
Date: March 10, 2009
Re: Phase II Barra Farms Mitigation Bank, Cumberland County; Action Id# 2009-00189
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject
application for impacts to wildlife and fishery resources. Our comments are provided in accordance with
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et. seq.),
and Sections 401 and 404 of the Clean Water Act (as amended).
The sponsor is proposing to establish a wetland mitigation bank within a 1,791 acre tract in Cumberland
County to restore approximately 926 acres, enhance 183 acres, and preserve 610 acres of wetlands within
the site in order to generate approximately 1,116 credits to be used for compensatory mitigation. The
proposed Geographic Service Area (GSA) for this project includes the central and southern potion of the
Upper Cape Fear River (HUC 03030004), the entire Lower Cape Fear River (HUC 03030005) and the
entire Black River Basin (HUC 03030006). The sponsor intends to transfer a conservation easement to an
appropriate non-profit organization.
The NCWRC is concerned with the extent of the GSA outlined in the public notice. The proposed GSA is
not consistent with other mitigation banks located in this hydrologic unit and Ecoregion. We recommend
a revised GSA to include portions of 03030004 as proposed and 0303005 as accepted for Barra Farms
Phase I Modifications to the GSA should not include the Black River Basin (HUC 03030006). In the
event an impact outside of this GSA is proposed, that request can be reviewed on a case by case basis.
At this time it is unclear if the previous evaluation and acceptance of this project by the MBRT will
require the project sponsor to comply with the newer 2008 mitigation rule. If it is determined the project
shall conform to the new mitigation rule the prospectus and MBI should include a long term management
plan with an identified funding mechanism. As well as incorporating the revised success criteria and
credit release schedule for forested wetlands as approved by the North Carolina Interagency Review
Team.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Barra Farms Page 2 March 10, 2009
Thank you for the opportunity to review this project. If any additional information is required, or if there
are any questions, please contact me at [phone].
cc: Travis Wilson, NCWRC
Howard Hall, USFWS
Kathy Matthews, EPA
John Dorney, NCDWQ