20090969 Ver 3_USACE Comments_20090914

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF September 11, 2009
Regulatory Division
Action ID No. SAW-2009-01258
Mr. Kenneth R. Waldroup, PE
City of Raleigh
Public Utilities Department
One Exchange Plaza, Suite 620
Raleigh, North Carolina 27602
Dear Mr. Waldroup:
09 - o ri 6el
1%? L9
SEP I 4 2009
WERANDS AN-D STORMW EIR BRANCH
This letter is in reference to the proposed City of Raleigh Umbrella Mitigation Bank. We
received a draft prospectus for the Umbrella Bank and draft mitigation plan for the Proctor Farm
Site on July 1, 2009. The prospectus is for the establishment of this umbrella bank which has
been proposed for use to offset aquatic impacts within the Neuse River Basin, Hydrologic Unit
Code (HUC) 03020201. The Proctor Farm Site is proposed as the first site for inclusion into the
bank and would preserve approximately 4,915 linear feet of streams and 40.0 acres of
jurisdictional wetlands.
A joint public notice concerning the prospectus and the Proctor site was issued on July 10,
2009, and one written comment from the NC Wildlife Resources Commission was received, and
one adjacent property owner called in with a general question. Both items were forwarded to
your environmental consultant, Hazen and Sawyer, and are included with this correspondence.
No other additional comments or questions were received.
Based on our review of the prospectus and the written comment provided in response to the
public notice, we have determined that this proposed bank has potential to provide appropriate
compensatory mitigation for Department of the Army (DA) permits. Therefore, you may proceed
with the preparation of a draft instrument for the proposed City of Raleigh Umbrella Mitigation
Bank. Please provide a draft instrument, including any revisions as a result of the comments as
soon as possible. If you have any questions please contact Monte Matthews at 919-554-4884,
extension 30.
Sincerely,
Q.
Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Enclosures
Copies furnished:
Mr. Eric Kulz
Stream Mitigation Review Coordinator
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604
Ms. Rebecca Fox
U. S. Environmental Protection Agency
Wetlands Section - Region IV
1307 Firefly Road
Whittier, NC 28789-8783
Mr. John Ellis
United States Fish & Wildlife Service
Raleigh Field Office
PO Box 33726
Raleigh, NC 27636-3726
Ms. Shari Bryant
N.C. Wildlife Resources Commission
P.O. Box 129
Sedalia, North Carolina 27342-0129
Renee Gledhill-Early
Environmental Review Coordinator
North Carolina State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
Vann F. Stancil - Special Project
Coordinator
NCWRC - Division of Inland Fisheries
Habitat Conservation Program
215 Jerusalem Church Road
Kenly, NC 27542
Robert A. Berndt, P.E.
Senior Associate
Hazen and Sawyer, P.C.
4011 West Chase Blvd., Suite 500
Raleigh, NC 27607
Mr. Scott McLendon
U.S. Army Corps of Engineers
Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403
Justin P. McCorcle
Assistant District Counsel
U.S. Army Corps of Engineers
Wilmington District
69 Darlington Avenue
Wilmington, NC 28403
Matthews, Monte K SAW
From: Berndt, Robert A. [[e-mail]]
Sent: Thursday, July 16, 2009 5:46 PM
To: Matthews, Monte K SAW
Cc: Tant, Thomas H.
Subject: RE: Proctor Farm-comment from Ollie Baker
Monte,
There are no protections proposed along the stream that forms the property line between
his property and the Proctor Farm. The plan does not include any property beyond the
existing property limits, and, as you noted, since we can't protect both sides of the
stream we have not included this stream in the plan. The City is not proposing to acquire
any land by condemnation for this site.
We should add that we are planning to contact other property owners in the Rocky Branch
subbasin, and may contact Mr. Baker in the future to see if he would be willing to allow
us to look at his property to see if it could provide potential mitigation for the Little
River project. However, we are only considering sites for which the property owner has
agreed ahead of time to allow us to look at their property.
Please let me know if you have any other questions.
Thanks.
Bob
From: Matthews, Monte K SAW [mailto:[e-mail]]
Sent: Thursday, July 16, 2009 3:52 PM
To: Berndt, Robert A.
Subject: Proctor Farm comment from Ollie Baker
Bob,
I've just received a call from Mr. Ollie Baker of 1933 Davistown Road, Wendell, NC 27591,
who is an adjacent property owner to Proctor Farm and who received the Public Notice. The
property line between his property and the Proctor Farm is along a stream. He was curious
as to whether any of the protections proposed would be on this stream. I told him that I
didn't believe that it would because the mitigation plan was only for streams where the
City owned both sides. Can you confirm this? Also confirm that the City isn't going
farther than the existing property line limits for the Proctor Farm mitigation site (via
condemnation, etc).
Monte
1
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0 North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
MEMORANDUM
TO: Monte Matthews, Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
FROM: Shari L. Bryant, Piedmont Region Coordinator
Habitat Conservation Program
DATE: 6 August 2009
SUBJECT: Public Notice for City of Raleigh Umbrella Mitigation Bank and Proctor Farm Site, Wake
County, North Carolina. Corps Action ID: SAW-2009-01258
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the
subject public notice and we are familiar with the habitat values of the area. Our comments are provided in
accordance with provisions of the Clean Water Act of 1977 (as amended), Fish and Wildlife Coordination
Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d), and North Carolina General Statutes (G.S. 113-131 et
seq.).
The City of Raleigh proposes to establish a stream and wetland compensatory Umbrella Mitigation
Bank. Proctor Farm is the first site proposed for inclusion in the bank. According to the Mitigation Plan, it
includes preservation of 4,915 linear feet of stream channel and approximately 40 acres of jurisdictional
wetlands. Also, a 100-foot riparian buffer will be established adjacent to stream channels and a 50-foot
riparian buffer will be established adjacent to wetlands and ponds. A permanent conservation easement, to
be conveyed to an appropriate land trust organization, will encompass all mitigation activities. The proposed
mitigation ratio is 5:1 for both stream and wetland preservation. Up to 983 stream credits and 8 wetland
credits would be available. The goal is to remove a threat and prevent decline of aquatic resources on a
watershed scale by protecting water quality, maintaining a forested buffer, promoting flood attenuation, and
improving aquatic and terrestrial wildlife habitat.
Rocky Branch and unnamed tributaries to Rocky Branch flow through the Proctor Farm site. Rocky
Branch is a tributary to Little River in the Neuse River basin. There are records for the federal species of
concern and state endangered Atlantic pigtoe (Fusconaia masoni), the state threatened triangle floater
(Alasmidonta undulata), and the state special concern notched rainbow (Villosa constricta) in Little River
downstream of the proposed site.
We support the development of an Umbrella Mitigation Bank and the inclusion of the Proctor Farm
site into the mitigation bank. We offer the following comments and/or recommendations regarding the
Umbrella Mitigation Bank and/or the Mitigation Plan:
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
Page 2
6 August 2009
Raleigh Umbrella Mitigation Bank/Proctor Farm
Corps Action ID: SAW-2009-01258
Umbrella Mitigation Bank: It is our understanding that some of the sites to be included in this bank
would be used as mitigation for the proposed Little River Reservoir. Should the Little River
Reservoir project be permitted, we expect mitigation to be in-kind for both stream and wetland
impacts. For example, first order stream impacts mitigated with first order stream restoration,
enhancement and/or preservation. At this time, we feel the Proctor Farm site would be suitable
mitigation for the proposed Little River Reservoir project. However, as additional sites are evaluated
and anticipated to be used as mitigation for the proposed Little River Reservoir project, attention
needs to be paid to ensuring the mitigation is comparable to the streams and wetlands that will be
impacted by construction of the reservoir.
2. Section 3.0 (p. 2) of the Mitigation Plan states "The Mitigation Site is located just upstream of the
proposed reservoir... due to the presence of rare species in the Little River, this watershed should be
targeted for land acquisition to protect the riparian area beyond the 50-foot required buffer." We
agree that protecting additional riparian buffer areas will provide benefits to aquatic and terrestrial
wildlife resources. However, if the reservoir is constructed, protection of riparian areas upstream of
the proposed dam will have limited, if any, benefits to rare species in Little River.
3. Section 5.1 (p. 4) of the Mitigation Plan states "Onsite land use is characterized by hardwood forest
and agricultural land (hay fields and row crop production)..." We do not recall any livestock being
present on the site; however, if onsite land use includes livestock now or in the future, then the
permanent conservation easements should be fenced to prevent livestock from accessing preservation
areas.
4. Figure 4 has three UTs labeled (i.e., 1, 2 and 3), whereas Figure 6 has only two UTs labeled (i.e., 1
and 2).
Thank you for the opportunity to review and comment on this Umbrella Mitigation Bank and
Mitigation Plan. If we can be of further assistance, please contact our office at [phone].
cc: John Ellis, USFWS
Becky Fox, USEPA
Eric Kulz, DWQ
Vann Stancil, WRC