20180180 Ver 1_SAW-2017-00159 - Initial Evaluation Letter_20180726

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh ES Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
June 27, 2018
Ms. Samantha Daily
Wilmington District Corps of Engineers
Raleigh Regulatory Field Office, Suite 105
Wake Forest, North Carolina 27587
Re: WLS Neuse 01 Umbrella Mitigation Bank/ SAW -2017-0159/ Wayne County, NC
Dear Ms. Daily:
This letter is to inform you that the Service has established an on-line project planning and
consultation process which assists developers and consultants in determining whether a
federally -listed species or designated critical habitat may be affected by a proposed project. For
future projects, please visit the Raleigh Field Office's project planning website at
https://www.fws.gov/raleigh/pp.html. If you are only searching for a list of species that may be
present in the project's Action Area, then you may use the Service's Information, Planning, and
Consultation System (IPaC) website to determine if any listed, proposed, or candidate species
may be present in the Action Area and generate a species list. The IPaC website may be viewed
at https://ecos.fws.gov/ipac/. The IPaC web site contains a complete and frequently updated list
of all endangered and threatened species protected by the provisions of the Endangered Species
Act of 1973, as amended (16 U.S.C. 1531 et seq.)(Act), a list of federal species of concern` that
are known to occur in each county in North Carolina, and other resources.
Section 7 of the Act requires that all federal agencies (or their designated non-federal
representative), in consultation with the Service, insure that any action federally authorized,
funded, or carried out by such agencies is not likely to jeopardize the continued existence of any
federally -listed endangered or threatened species. A biological assessment or evaluation may be
prepared to fulfill that requirement and in determining whether additional consultation with the
Service is necessary. In addition to the federally -protected species list, information on the
species' life histories and habitats and information on completing a biological assessment or
The term "federal species of concern" refers to those species which the Service believes might be in need of
concentrated conservation actions. Federal species of concern receive no legal protection and their designation does
not necessarily imply that the species will eventually be proposed for listing as a federally endangered or threatened
species. However, we recommend that all practicable measures be taken to avoid or minimize adverse impacts to
federal species of concern.

evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the
web site often for updated information or changes.
If your project contains suitable habitat for any of the federally -listed species known to be
present within the county where your project occurs, the proposed action has the potential to
adversely affect those species. As such, we recommend that surveys be conducted to determine
the species' presence or absence within the project area. The use of North Carolina Natural
Heritage program data should not be substituted for actual field surveys.
If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely
to adversely affect) a federally -protected species, you should notify this office with your
determination, the results of your surveys, survey methodologies, and an analysis of the effects
of the action on listed species, including consideration of direct, indirect, and cumulative effects,
before conducting any activities that might affect the species. If you determine that the proposed
action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally
listed species, then you are not required to contact our office for concurrence (unless an
Environmental Impact Statement is prepared). However, you should maintain a complete record
of the assessment, including steps leading to your determination of effect, the qualified personnel
conducting the assessment, habitat conditions, site photographs, and any other related articles.
With regard to the above -referenced project, we offer the following remarks. Our comments are
submitted pursuant to, and in accordance with, provisions of the Endangered Species Act.
The U.S. Fish and Wildlife Service (Service) has reviewed the information concerning the above
referenced project. The project, based on the description in the Public Notice, the provided
Prospectus, and other information is expected to have minimal adverse impacts to fish and
wildlife resources.
We do not have any major concerns with the WLS Neuse 01 Umbrella Mitigation Bank
Prospectus and site plan as currently proposed, and think this project could greatly benefit the
downstream water quality. Downstream water quality in this watershed is greatly important to
the Service. There have been records of the Neuse River Waterdog (Necturis lewisi), a federal
species of concern, immediately downstream in 2014. The Service encourages mitigation efforts
in priority watersheds, or with work that drains to priority watersheds such as this one, that will
benefit federal and state listed species. We will continue to be involved in this project through
discussions with the IRT, and will provide additional comments in the future if warranted.
The Service has reviewed available information on federally -threatened or endangered species
known to occur in Wayne County, specifically within the proposed mitigation work area,
adjacent tributaries and the larger Neuse River. Federally listed species in WayneCounty, North
Carolina include: Red -cockaded woodpecker (Picoides borealis), Tar River spinymussel (Eliptio
steinstansana), and Yellow Lance (Elliptio lanceolata), in addition to many other federal species
of concern. We have also reviewed information from the North Carolina Natural Heritage
Program (NCNHP) database which contains excellent data on the special status species, both
federal and state, which can be found here: https://ncnhde.natureserve.org/. Our review indicates
that no federally listed species under Service jurisdiction are likely to occur in the project area
due to lack of appropriate habitat.
2

Based on the information provided and other information available, it appears that the proposed
action is not likely to adversely affect any federally -listed endangered or threatened species, their
formally designated critical habitat, or species currently proposed for listing under the Act at
these sites. We believe that the requirements of section 7(a)(2) of the Act have been satisfied for
your project. Please remember that obligations under section 7 consultation must be
reconsidered if: (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered; (2) this action is
subsequently modified in a manner that was not considered in this review; or, (3) a new species
is listed or critical habitat determined that may be affected by the identified action.
However, the Service is concerned about the potential impacts the proposed action might have
on aquatic species. Aquatic resources are highly susceptible to sedimentation. Therefore, we
recommend that all practicable measures be taken to avoid adverse impacts to aquatic species,
including implementing directional boring methods and stringent sediment and erosion control
measures. An erosion and sedimentation control plan should be submitted to and approved by
the North Carolina Division of Land Resources, Land Quality Section prior to construction.
Erosion and sedimentation controls should be installed and maintained between the construction
site and any nearby down -gradient surface waters. In addition, we recommend maintaining
natural, vegetated buffers on all streams and creeks adjacent to the project site.
The North Carolina Wildlife Resources Commission has developed a Guidance Memorandum (a
copy can be found on our website at (http://www.fws.gov/raleigh) to address and mitigate
secondary and cumulative impacts to aquatic and terrestrial wildlife resources and water quality.
We recommend that you consider this document in the development of your projects and in
completing an initiation package for consultation (if necessary).
We hope you find our web page useful and informative and that following the process described
above will reduce the time required, and eliminate the need, for general correspondence for
species' lists. If you have any questions or comments, please contact Emily Wells of this office
at [phone] ext. 26.
Sincerely,
's
'� Pete BenJamin
Field Supervisor

DWR Comments on Hollowell
June 22, 2018
For myself, site visits were February 22, 2017 and January 8, 2018
Comments are based on notes from Vt visit and recollections from 2"d visit:
1. The first visit it was acknowledged that the site was proposed initially by another provider and
that the bottom portion of the project (closer to the Neuse River) was likely a buffer violation (?)
2. DWR's recommendations will be going off a figure labeled Figure 10 -Proposed Mitigation
Features Map
3. DWR concurs with the call that W1 and UT2-R1 are preservation.
4. UT2A is basically a ditch coming out of a pine stand. The upper portion is likely more headwater
like (ie valley length), and the lower half may be a single thread channel.
5. DWR believes that W3 and W4 do have wetland restoration potential.
6. DWR concurs with the recommended approaches for UT2-R2, UT213 and UT2-R3.
7. UT1-R1- this reach was fully forested with a mix of older, larger trees and younger early
successional species, however, there was full canopy closure. The recommended approach is
restoration, however, DWR would urge an approach that kept as many larger trees as possible.
The channel is relatively small, although straightened. In addition, the channel is not particularly
incised, therefore it seems that a more natural channel could be built among the existing trees
with smaller equipment. DWR recommends this approach, if at all possible.
8. UT1A- this reach did not appear to have much or consistent flow. This reach would be a credit
risk for stream restoration.
9. For reach UT1-R2, DWR agrees with the recommended approach until the reach gets to the
wooded section near the end of the reach. This portion was not visited and further information
would have to be provided in the draft Mitigation Plan that justified the approach. There was
lot of discussion on site whether this stream historically emptied more directly into the Neuse
versus taking a 90 degree turn and flowing through the field to the endpoint before it reaches
the river.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 26, 2018
Regulatory Division/ 1200A
Action ID No. SAW -2017-00159
Re: NCIRT Initial Review of the WLS Neuse 01 Umbrella Mitigation Banking Instrument and
Hollowell Mitigation Site Prospectus; SAW -2017-00159
WLS Neuse 01 Holdings, LLC
Attention: Mr. Adam V. McIntyre
11030 Raven Ridge Road, Suite 119
Raleigh, North Carolina 27614
Dear Mr. McIntyre:
This letter is in regard to your prospectus document for the proposed WLS Neuse 01 Umbrella
Mitigation Banking Instrument (LIMBI) and Hollowell Mitigation Site, dated March 2018. The
proposal consists of the establishment and operation of a 75 -acre commercial stream and wetland
mitigation bank located adjacent to the Neuse River Basin, northeast of the intersection of Beaver
Dam Road and Stevens Mill Road, in Goldsboro, Wayne County, North Carolina. (Latitude
35.35548°N, Longitude -78.11692°W)
The Corps determined the Prospectus was complete and issued a public notice (P/N # SAW -
2017 -00159) on April 30, 2018. 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.
Attached are comments received in response to the public notice from the U.S. Fish and Wildlife
Service and the North Carolina Division of Water Resources.
The Corps has considered the comments received from members of the Interagency Review
Team (IRT) and information that was discussed during an IRT site review on January 8, 2017.
We have determined that the proposed mitigation bank appears to have the potential to preserve
and enhance aquatic resources within the Upper Neuse 8 -digit Hydrologic Unit Code (HUC)
03020201 of the Neuse River Basin. Therefore, the bank sponsor may proceed with preparation
of a draft LIMBI.

Please provide a response to the attached comments with your draft UMBI submittal. We
appreciate your interest in restoring and protecting waters of the United States. If you have
questions regarding this letter, please contact Samantha Dailey, Raleigh Regulatory Field Office
at Samantha.J.Daileykusace.army.mil or telephone [phone], Extension 22
Sincerely,
Digitally signed by
D A I L EY. S A M A N T
DAILEY.SAMANTHA.J.1387567948
DN: c=US, o=U.S. Government, ou=DoD,
H A..J A 3 8 7 5 6 7 948
con=DAILEY: AMANTHA.J.1387567948
Date: 2018.07.26 09:35:24 -04'00'
Samantha Dailey
Regulatory Project Manager
Raleigh Regulatory Field Office
Electronic Copies Furnished:
NCIRT Distribution List

Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (US)
<[e-mail]>
Sent: Tuesday, January 29, 2019 9:56 AM
To: Merritt, Katie
Subject: [External] FW: SAW -2017-00159 WLS Neuse 01 UMBI and Hollowell Mitigation Site
Initial Evaluation Letter (UNCLASSIFIED)
Attachments: SAW -2017-00159 WLS Neuse 01 UMBI-Hollowell Mitigation Site -Initial Evaluation
Letter.pdf; NC DWR Comments.pdf; USFWS PN Comments.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<maiIto: [e-mail]>
CLASSIFICATION: UNCLASSIFIED
Kim Browning
Mitigation Specialist, Regulatory Division I U.S. Army Corps of Engineers
3331 Heritage Trade Dr, Ste. 105 1 Wake Forest, NC 27587 1 919.554.4884 x60
BUILDING STRONG (r)
-----Original Message -----
From: Dailey, Samantha J CIV USARMY CESAW (US)
Sent: Thursday, July 26, 2018 10:20 AM
To: Adam McIntyre <[e-mail]>; Catherine Manner <[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (US) <[e-mail]>; Browning, Kimberly D CIV USARMY
CESAW (US) <[e-mail]>; Bowers, Todd <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Wells, Emily <[e-mail]>; Haupt, Mac <[e-mail]>
Subject: SAW -2017-00159 WLS Neuse 01 UMBI and Hollowell Mitigation Site - Initial Evaluation Letter
Good morning Adam,
Attached is the Initial Evaluation Letter for:
SAW -2017-00159 - Hollowell Mitigation Site (WLS Neuse 01 UMBI) - WLS Neuse 01 Holdings, LLC - Wayne County
This electronic copy is an official Department of the Army Notification. However, if you wish to receive a paper copy, one
will be mailed upon request.
Please let me know if you have any questions or concerns.
Sincerely,
Samantha Dailey

Regulatory Project Manager
U.S. Army Corps of Engineers
Regulatory Division
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
[phone], Ext. 22
[e-mail]
CLASSIFICATION: UNCLASSIFIED