DATE United States Fish and Wildlife Service Raleigh Ecological Services Field Office Attn: Emily Wells, Fish and Wildlife Biologist PO Box 3376 Raleigh, NC 27636-3726 RE: Categorical Exclusion for xx Mitigation Project, NCDEQ DMS Full-Delivery Project ID #xx, Neuse River Basin, Cataloging Unit 03020201, Johnston County, NC Dear Ms. Wells:
CONSULTING FIRM respectfully requests review and comment from the United States Fish and Wildlife Service (USFWS) on any possible concerns they may have with regards to the implementation of the INSERT Mitigation Project. Please note that this request is in support of the development of the Categorical Exclusion (CE) for the referenced project.
The project site is located in Johnston County, North Carolina, between the Town of Wendell and the Community of Archer Lodge. In addition, the project is located in the North Carolina Department of Environmental Quality (NCDEQ) (formerly NCDENR) Sub-basin 03-04-06, in the in the Lower Buffalo Creek Priority Sub-watershed 030202011504, study area for the Neuse 01 Regional Watershed Plan (RWP), and in the Targeted Local Watershed 03020201180050, all of the Neuse River Basin. The INSERT is a full-delivery project for the NCDEQ Division of Mitigation Services (DMS) identified and contracted to provide stream mitigation credits for permitted, unavoidable impacts in the Neuse River Basin, Cataloging Unit 03020201. The project will involve the restoration, enhancement, preservation, and permanent protection of five stream reaches (Reaches R1, R2, R3, R4, and R5), totaling approximately 4,550 linear feet of existing streams. In addition, the adjacent riparian wetlands and riparian buffers will be restored and the entire restored corridor will be protected by a permanent conservation easement to be held by the State of North Carolina. The project site consists of a degraded headwater stream and riparian wetland system that flows through active agricultural fields, active cattle pastures, and then into the mature bottomland hardwood floodplain adjacent to Buffalo Creek. The proposed restoration project not only has the potential to provide at least 2,992 stream mitigation credits, but will also provide significant ecological improvements and functional uplift through habitat restoration, and through decreasing nutrient and sediment loads from the project watershed. Based on review of the most current information from the United States Fish and Wildlife Service (USFWS) and the North Carolina Wildlife Resources Commission (NCWRC), the following species are considered federally-listed species in Johnston County:
Species Type
Scientific Name
Common Name
Federal Status Code
Vertebrate
Haliaeetus leucocephalus
Bald eagle
BGPA
Vertebrate
Picoides borealis
Red-cockaded woodpecker
E
Invertebrate
Alasmidonta heterodon
Dwarf wedgemussel
E
Invertebrate
Elliptio steinstansana
Tar River spinymussel
E
Vascular Plant
Rhus michauxii
Michaux’s sumac
E
Definitions of Federal Status Codes: BGPA = Bald and Golden Eagle Protection Act. In the July 9, 2007 Federal Register (72:37346-37372), the bald eagle was declared recovered, and removed (de-listed) form the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8, 2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U. S. C. 668668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of “take” that includes “disturb”. The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For more information, visit http://www.fws.gov/migratorybirds/baldeagle.htm E = endangered. A taxon “in danger of extinction throughout all or a significant portion of its range.” (Federal status information referenced from http://www.fws.gov/raleigh/species/cntylist/johnston.html) To assist with your review, please find the following supporting documentation attached: •
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Project figures including: o Figure 1 Project Location o Figure 2 USGS Topographic Map o Figure 3 NRCS Soils Map o Figure 4 LiDAR Map Project pre-restoration photo log
If PROVIDER has not received response from you within 30 days, we will assume that the USFWS does not have any comment or information relevant to the implementation of this project at the current time. We thank you in advance for your timely response, input, and cooperation. Please contact me if you have any further questions or comments.
Sincerely,
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