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Home My WebLink About20070746 Ver 1_COMPLETE FILE_20060717 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 July 5, 2006 2.0070146 ~~@~DW[j @ 4U~ 1 7 200tJ Ms. Jean B. Manuel Chief, Raleigh Regulatory Field Office U.S. Army Corps of Engineers 6508 Falls ofthe Neuse Road, Suite 120 Raleigh, NC 27615 ,~~'}~l\rEk ~;rv' \W'~~~NO~<?;l~ Subject: City of Greensboro, Umbrella Stream and Wetland Mitigation,Bank Dear Ms. Manuel: This letter responds to your letter of June 8, 2006, requesting that the U. S. Fish and Wildlife Service (Service) sign the Mitigation Banking Instrument (MBI) for the subject mitigation bank if we find that the procedures outlined in the Final Prospectus would provide adequate compensation for unavoidable stream and wetland losses. The Service agreed to serve on the Mitigation Bank Review Team (MBRT) and attended the scoping meeting and site reviews on November 17,2004, in Greensboro and a second coordination meeting on February 23,2005, in your office. The Service does not oppose the concept of this umbrella bank. We do have concerns regarding details of the sites which may be added to the umbrella bank and the wetland losses which may be compensated through the bank. For example, most of the bank sites which have been discussed are within developed areas of the City of Greensboro. Such sites would provide poor compensation for the loss of forested wetlands and streams in rural undeveloped areas. However, the prospectus states the mitigation areas would be used "primarily" as compensation for stream and wetland losses in the City of Greensboro. The prospectus states that each bank site proposed for inclusion in the umbrella bank will be submitted as an Addendum to the "umbrella MBI" for review and approval by the MBR T. We believe that these site reviews alleviate our concerns in this area and we hope the bank sponsor will use the bank in a manner which provides "in- kind" compensation. As the Service noted in the November 2004 meeting, the vegetative restoration should use native plants and be designed to replicate natural communities. The use or exotic, ornamental species should not be used at mitigation sites. Again, we hope that areas added to the bank in the future will seek to establish natural, wetland and stream communities. At this time, we believe the future site-specific mitigation plans to be submitted for MBRT review will allow the Service to adequately evaluate the compensation for wetland and stream impacts within Greensboro. Therefore, I have signed and enclosed a copy of the approval sheet for the MBI. If you have any questions or comments, please contact Howard Hall at 919-856-4520, ext. 27 or bye-mail at Howard_Hall@fws.gov. Attachment (signed copy of Mitigation Banking Instrument, dated May 2006) cc: (without attachment) Shari Bryant, NC Wildlife Resources Commission, Sedalia, NC Cyndi Karoly, NC Division of Water Quality, Raleigh, NC Rebecca Fox, U. S. EP A, Whittier, NC 1 -..- 20070711,0 [g North Carolina Wildlife Resources Commission ~ Richard B. Hamilton, Executive Director MEMORANDUM FROM: Todd Tugwell, Raleigh Regulatory Field Office U.S. Army Co~.of~ngineers ~~~~ Region Coordinator Habitat Conservation Program ~[g@rnD\V1[g @ JUL 2 7 2006 TO: DATE: 26 July 2006 DENR - WATER WETlANDS AND SToollt9UALlTY """rtlATER BRANCH SUBJECT: Umbrella Stream and Wetland Mitigation Bank, City of Greensboro, Guilford County, North Carolina. Action ID No. 200421295 Biologists with the North Carolina Wildlife Resources Commission (NCWRC) have reviewed the subject document. The initial project included in the umbrella bank is the enhancement and preservation of forested riparian buffers throughout the City of Greensboro. We support the concept of an umbrella mitigation bank and the enhancement and preservation of forested riparian buffers along urban streams. Many of the streams are degraded and enhancement and preservation of riparian buffers should help to improve water quality and aquatic habitat. While we would prefer wider riparian buffers, we recognize these streams are located in highly urbanized areas where establishment of wider buffers is not possible or feasible. We agree with the mitigation calculation credit method and criteria detailed in the prospectus (Section 3.0) where the credit ratios are prorated based on actual buffer widths. We have the following comments on the document. 1. In the Prospectus it states "The Umbrella Bank will be used primarily for compensatory mitigation for unavoidable impacts to non-tidal waters of the United States, including streams and wetlands in the City of Greensboro..." We are concerned that the stream mitigation credits detailed in this document may be used to compensate for impacts to rural areas that support good quality streams and wetlands. It appears the Mitigation Banking Instrument (#4 and #5) addresses this concern to some degree. We suggest the stream mitigation credits detailed in this document be used only within the current city limits (Appendix D). Should the City propose to use these stream mitigation credits outside the current city limits, we suggest this is presented to the MBRT for review and approval. 2. In the prospectus it states "The Sponsor proposes to restore, enhance, create, and/or preserve riparian system, streams, wetlands, and watersheds in designated watersheds within the City of Greensboro and Guilford County, North Carolina and protect these systems in perpetuity." We suggest that "in perpetuity" is added to the "NOW, THEREFORE the Declarant..." paragraph on page 1 ofthe Model Declaration of Restrictions found in Appendix A. Mailing Address: Division oflnland Fisheries · 1721 Mail Service Center · Raleigh, NC 27699-1721 Telephone: (919) 707-0220 · Fax: (919) 707-0028 .' . Page 2 26 July 2006 City of Greensboro - Umbrella Mitigation Bank Action ill No. 200421295 3. All of the proposed enhancement and preservation areas are located within urbanized areas in the City of Greensboro. While we hope these riparian buffers will be protected in perpetuity, we recognize that issues may arise and changes to the conservation easement may occur. This includes, but is not limited to, activities such as removal of trees within the riparian buffer for utility repairs or for public safety. We request that any changes made to any conservation easement (or portions thereof) included in this umbrella mitigation bank are reported to the U.S. Army Corps of Engineers within 30 days. Thank you for the opportunity to review and comment on this umbrella mitigation bank. A signed copy of the Mitigation Banking Instrument is included. Ifwe can be of further assistance, please contact our office at (336) 449-7625. cc: Cyndi Karoly, DWQ Howard Hall, USFWS Rebecca Fox, USEP A .. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF August 15,2006 20070746 Regulatory Division Action ID No. 200421295 Mr. David Phlegar City of Greensboro Stormwater Management Division Post Office Box 3136 Greensboro, NC 27402-3136 Dear Mr. Phlegar: In accordance with your request and the ensuing administrative record, enclosed is an original signature page signed by the District Engineer, Wilmington District, u.s. Army Corps of Engineers, for the mitigation banking instrument entitled City of Greensboro Umbrella Stream and Wetland Mitigation Bank. The duplicate copy will be permanently retained in this office, Also attached for your records, are copies of the other Mitigation Bank Review Team signature pages I have received to date. Additional signature pages received subsequent to this correspondence will be forwarded to you immediately. Thank you for your time and cooperation. If you have questions, please contact Mr. Todd Tugwell at the Raleigh Regulatory Field Office, telephone (919) 876-8441, ext. 26. Sincerely, ~C~ f'O\)Jean B. Manuele Chief, Raleigh Regulatory Field Office Enclosures Copies Furnished (with enclosures): Ms. Rebecca Fox U.S. Environmental Protection Agency Wetlands Section 1307 Firefly Road Whitter, NC 28789 \tl\@, @@~~@~ '& ~UG 11 l~~o llj>..Lin' , \fIlj>..iER Q ;rEI< BRt.}lCr\ OENR~t) S\O~AW~ . 'l@\J>.t-lI)S ' Mr. Howard F. Hall U. S. Fish and Wildlife Service Ecological Services P. O. Box 33726 Raleigh, NC 27636-3726 Ms. Cyndi Karoly Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ms. Shari L. Bryant North Carolina Wildlife Resources Commission P.O. Box 129 Sedalia, NC 27342-0129 Mr. Todd St. John, PE Kimley-Horn and Associates 300 1 Weston Parkway Cary, NC 27513 2 ( . ;~ ( May 2006 ( ( IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The * Mitigation Bank In * County, North Carolina": ( sponsor:~~ City of Greensboro ( \ ( ( C- Date: 7 A lAj O( Date: U.S. Environmental Protection Agency: By: Date: ~~@~DW~@ , AUG 1 7 2006 ~R - WATER QUALITY AND STORMWATER BRANCH u.S. Fish and Wildlife Service: By: Date: N.C. Division of Water Quality: By: Date: N.C. Wildlife Resources Commission: By: Date: UMBI Page 12 5/12/2006 . ~' May 2006 RECEIVED JUt 1 3 2006 RALEIGH REGtrloATORY FIELD OFFWE IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The * Mitigation Bank In * County, North Carolina": ~ Sponsor: ' ^ ,,_' " ~" , \ , City of Greensboro : _ Agencies , , " ' By: ,.' U.8;.iArmy USACE of Engineers: Date: By: Date: rotection Agency: Date: 7hJ - By: U.S. Fish and Wildlife Service: '.By: Date: N.C. Division of Water Quality: By: Date:, N.C. Wildlife Resources Commission: By: Date: UMBI Page 12 5/12/2006 ( RECEIVED JUL 2 I 2006 May 2006 , RALEIGH REGULATORY FIELD OFFICE IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The * Mitigation Bank In * County, North Carolina": Sponsor: dr(1;t::\.Jtfr~>. City of Greensboro Agencies By: Date: u.S. Army USACE of Engineers: By: Date: U.S. Environmental Protection Agency: By: Date: u.S. Fish and'Wildlife Service: By: Date: N.C. Division of Water Quality: By: Date: N.C. Wildlife Resources Commission: B~~~~~~ Date: 0 ';1. 2'" .0 ~ UMBI Page 12 5/12/2006 I i 1 1 { ~ ~ I I REPLY TO ATTENTION OF July 27,2006 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WilMINGTON, NORTH CAROLINA 28402-1890 Regulatory Division Action ill No. 200421295 ~@@@,U~@ ~ p,,\JG 0 1 'LOGo JrR QUAUT'( OENR - Wt~~F(MW"'1E.R BR.~C\-\ WEil./lNDS AND ", " SEE DISTRIBUTION Dear Colleague: This correspondence is in reference to the Umbrella Stream and Wetland Mitigation Bank that is being developed by the City of Greensboro, in Guilford County, North Carolina. Please find the attached copies of the mitigation banking instrument signature pages for your records. Additional signature pages received subsequent to this correspondence will be forwarded to you immediately. Thank you very much for your time and hard work in developing this mitigation bank. If you have any questions about this, or any related matter, please contact Mr. Todd Tugwell at the Raleigh Regulatory Field Office, telephone 919-876-8441, ext. 26. Sincerely, ~'2J.~ Jean B. Manuele Chief, Raleigh Regulatory Field Office Enclosures DISTRIBUTION: Ms. Rebecca Fox U.S. Environmental Protection Agency Wetlands Section 1307 Firefly Road Whitter, NC 28789 Mr. Howard F. Hall U. S. Fish and Wildlife Service Ecological Services P. O. Box 33726 Raleigh, NC 27636-3726 Ms. Cyndi Karoly Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ms. Shari L. Bryant North Carolina Wildlife Resources Commission P.O. Box 129 Sedalia, NC 27342-0129 Mr. David Phlegar City of Greensboro Stormwater Management Division Post Office Box 3136 Greensboro, NC 27402-3136 Mr. Todd St. John, PE Kimley-Horn and Associates 3001 Weston Parkway Cary, NC 27513 2 r" . , " -: RECEIVED JUL 2 I 2006 May 2006 , RALEIGH REGULATORY FIELD OFFICE IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The * Mitigation Bank In * County, North Carolina": sponsor.1Y1.t:\..~ City of Greensboro Agencies By: Date: u.S. Army USACE of Engineers: By: Date: U.S. Environmental Protection Agency: By: Date: u.S. Fish and Wildlife Service: By: Date: N.C. Division of Water Quality: By: Date: N.C. Wildlife Resources Commission: B~~~~ Date: 0':1. 2'- .O~ UMBI Page 12 5/12/2006 I May 2006 IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The * Mitigation Bank In * County, North Carolina": ~ - '. ';/r' \ ' " Sponsor:, ' ^ ....., ,~., " \ City of Greensboro . i ,Agencies , , By: Date: U.S,.iArmy USACE of Engineers: By: Date: rotection Agency: Date: By: U.S. Fish and Wildlife Service: By: Date: N.C. Division of Water Quality: By: Date:. N.C. Wildlife Resources Commission: By: Date: UMBI Page 12 :i3~ 5/12/2006 , DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS p, O. BOX 1890 WilMINGTON, NORTH CAROLlNA28402-1890 IN REPLY REFER TO September 8,2006 Regulatory Division Action ill No. 200421295 SEE DISTRIBUTION Dear Colleague: This correspondenc~ is in reference to the Umbrella Stream and Wetland Mitigation Bank that is being developed by the City of Greensboro, in Guilford County, North Carolina. The purpose of this letter is to transmit a copy of the final mitigation banking instrument signature page for your records. Thank you very much for your time and hard work in developing this mitigation bank. If you have any questions about this, or any related matter, please contact me at telephone 919-876- 8441, ext. 24. Sincerely, ~L~~;e L ) Chief, Raleigh Regulatory Field Office Enclosure DISTRIBUTION: Ms. Rebecca Fox U.S. Environmental Protection Agency Wetlands Section 1307 Firefly Road Whitter, NC 28789 l.~,", ' r~1 ~4, f.::'"\ II \\17 r~ 1;\" ~u' I r;"" v" I D LS illl'! I < ..._,::1 '" -, ~!I li\~ u, SEP 1 2 2006 !JEi~R - WATER G1UAUTY WEllANDSk~DSTOR~~VATcRBRANCH , Mr. Howard F. Hall U. S. Fish and Wildlife Service Ecological Services P. o. Box 33726 Raleigh, NC 27636-3726 Ms. Cyndi Karoly Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ms. Shari L. Bryant North Carolina Wildlife Resources Commission P.O. Box 129 Sedalia, NC 27342-0129 Mr. David Phlegar City of Greensboro Stormwater Management Division Post Office Box 3136 Greensboro, NC 27402-3136 Mr. Todd St. John, PE Kimley-Horn and Associates 3001 Weston Parkway Cary, NC 27513 2 " May 2006 RECEIVED AUG 3 'I 2006 RALEIGH REGULATORY F1ELD OFFIcE IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The * Mitigation Bank In * County, North Carolina": sponsor.11J~~~ City of Greensboro Agencies By: Date: u.S. Army USACE of Engineers: By: Date: u.S. Environmental Protection Agency: By: Date: u.S. Fish and Wildlife S.ervice: By.~'~1. Dale: ~ ~ xtJ0 N.C. Division of Water Quality: By: Date: N.C. Wildlife Resources Commission: By: Date: UMBI Page 12 5/12/2006 REPLY TO ATTENTION OF Regulatory Division Action ID No. 200421295 SEE DISTRillUTION Dear Colleague: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 August 25, 2006 This correspondence is in reference to the Umbrella Stream and Wetland Mitigation Bank that is being developed by the City of Greensboro, in Guilford County, North Carolina. Please find the attached copy of the mitigation banking instrument signature page for your records. Additional signature pages received subsequent to this correspondence will be forwarded to you immediately. Thank you very much for your time and hard work in developing this mitigation bank. If you have any questions about this, or any related matter, please contact me at telephone 919-876- 8441, ext. 24. Enclosure DISTRIBUTION: Sincerely, 0..lMJ~L ~/Jean B. Manuele r Chief, Raleigh Regulatory Field Office Ms. Rebecca Fox U.S. Environmental Protection Agency Wetlands Section 1307 Firefly Road Whitter, NC 28789 ~[g@~DW~~ AUG 2~2006 WCTI f?~~R - WATER QUALlry ....,~AND STORMwA1!R BRANcH Mr. Howard F. Hall U. S. Fish and Wildlife Service Ecological Services P. O. Box 33726 Raleigh, NC 27636-3726 Ms. Cyndi Karoly Division of Water Quality Wetlands Unit 1650 Mail Service Center Raleigh, NC 27699-1650 Ms. Shari L. Bryant North Carolina Wildlife Resources Commission P.O. Box 129 Sedalia, NC 27342-0129 Mr. David Phlegar City of Greensboro Stormwater Management Division Post Office Box 3136 Greensboro, NC 27402-3136 Mr. Todd St. John, PE Kimley-Horn and Associates 300 1 Weston Parkway Cary, NC 27513 May 2006 RECEIVED AUG 2 3 2006 RALEIGH REGT.JLATORY FiELD OFFICE IN WITNESS WHEREOF, the parties hereto have executed this Agreement entitled "Agreement To Establish The * Mitigation Bank In * County, North Carolina": sponsor:~ City of Greensboro Agencies By: Date: u.S. Army USACE of Engineers: Date: By: Date: u.S. Fish and Wildlife Service: By: Date: N.C. Division of Water Quality: By: Date: N.C. Wildlife Resources Commission: By: Date: UMBI Page 12 /8/18/06 I .' 5/12/2006