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Home My WebLink About20070828 Ver 1_Mitigation Bank Information_20120718��,, , ��NT of �`� W� • ••••.'��N c ; ---.,?�.�IIU ��' � �, .: � _ ; � G` : ' 'ro � .'i LP . �f�'s>A7E5��F� ��p Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office 2407 W 5`" Street Washington, North Carolina 27889 July 18, 2012 o��s �g �� n� i D ��lf e'�;' `' ! � s JU� � "� � �� s � Z��Z %i'fT(qN� qpp��A(lry AT�RBRe.yCN Subject: Notification of Intent to Approve the Amendments to the Hidden Lake Wetland Mitigation Banking Instrument . SEE DISTRIBUTION Dear NCIRT Member: The purpose of this letter is to provide you with a copy of the document entitled, Amendment to the Approved Mitigation Banking Instrument (MBI), entitled, Agreement to Establish The Hidden Lake Wetland Mitigation Bank in Tyrrell County, North Carolina, dated February 1, 2012. This mitigation bank is locafed off Soundside Road (NCSR 1209), adjacent to the Albemarle Sound, near Newfoundland, in Tyrrell County, North Carolina. This letter also notifies you of our intent to approve the attached version of the MBI. Following the review of the proposed amendments to the Hidden Lake MBI, we received no comments from the Interagency Review Team (IRT) members. As such, the proposed amendments to the Hidden Lake MBI have been incorporated into the attached version, and it is our intent to approve this instrument. In accordance with Section 332.8(d)(8) of the Mitigation Rule, if any IRT member objects to the approval of this instrument, they may initiate the dispute resolution process by notifying the district engineer within 15 days of the receipt of this letter. Please note that this process, which is explained in Section 332.8(e) of the Mitigation Rule, may only be initiated in writing by a senior official of the agencies represen±�ng the IRT. The deadline for initiating this process is August 2, 2012. Provided that no member objects to the approval of this instrument, we will begin the process of obtaining agency signatures on the final instrument shortly after this deadline. Thank you for your time and cooperation. If you have any questions regarding this letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at 919-846-2564. Sincerely, . � � �._ � Tom Steffens Regulatory Project Manager Washington Regulatary Field Office Enclosure DISTRIBUTION: Mr. Jeffery Garnett USEPA-REGION 4 61 Forsyth Street, SW Mail Code: 9T25 Atlanta, Georgia 30303-8960 Mr. Pete Benjamin U.S. Fish and Wildlife Service Ecological Services-Raleigh Field Office Post Office Box 33726 Raleigh North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. David Wainwright Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 �a � � �! r � "- ,j Mr. Steve Sollod Division of Coastal Management Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, North Carolina 27669-1638 Mr. Travis Wilson North Carolina Wildlife Resources Commission Habitat Conservation Program 1142 I-85 Service Road Creedmoor, North Carolina 27522 . � � 6 AMENDMENT TO THE APPROVED MITIGATION BANKING INSTRUMENT (MBI) ENTITLED: Agreement to Establish The Hidden Lake Wetland Mitigation Bank in Tyrrell County, North Carolina February 1, 2012 This Amendment is made pursuant to the 33 CFR 332.8 (g) and entered into on the day of February l, 2012, by Hidden Lake LLC and E. Carlyle and Cyntliia K. Franklin, (Collectively, `.` Sponsor", and the U.S. Army Corps of Engineers (Corps), and each of the following agencies: Environmental Protection Agency (EPA), the IJ.S. Fish and Wildlife Service (FWS), the National Marine Fisheries Service (NMFS), the North Carolina Wildlife Resources Commission �(NCWRC), the North Carolina Division of Coastal Management (NCDCM), and the North Carolina division of Water Quality (NCDWQ). The Corps, together with the State and Federal agencies that executed the NIBI and this AMENDMENT, are hereinafter collectively referred to as the Interagency Review Team (IRT). WHEREAS the purpose of this agreement is to effect the mutually agreeable AMENDMENT to the existing MBI governing the established mitigation bank (BANK) providing compensatory mitigation for unavoidable impacts to waters of the United States, including wetland, authorized by Section 401 and Section 404 of the Clean Water Act permits and / or Section 10 of the Rivers and Harbors Act permits in appropriate circumstances; WI�REAS the Sponsor is the record owner of that certain parcel of land containing approximately 821 acres located in Tyrrell County, North Carolina, described in the existing MBI and Mitigation Plan entitled: Plan for the Establishment of the Hidden Lake Wetland Nlitigation $ank. WHEREAS the agencies comprising the IRT agree that the Bank site remains a suitable mitigation bank site, and that implementation of the Mitigation Plan is likely to result in net gains in wetland and / or stream functions at the Barik site; THEREFORE, it is mutually agreed among the parties to this agreement that the following AMENDMENTS are adopted and will become part of the subject MBI upon the signatures of the IRT agencies listed above. It is understood that all terms and conditions of the original MBI remain in full force and effect except as modified by the AMENDMENTS described below AMENDMENTS TO THE MBI: A. Bank Sponsor is: Hidden Lake LLC and E..Carlyle and Cynthia K. Franklin (Collectively, "Sponsor"). B. Item 16 reads: Sponsor has performed the work described in the Proposed Action Section of the Mitigation Plan, including hydrologic and soil modifications and plantings. The purpose of the work and the objectives of the Bank are to restore 48.4 acres of prior converted (PC) cropland to wetflat (WF), nonriverine swamp (NRS), and Atlantic white ce.dar (AWC) wetlands, and to preserve 762.6 acres of natural WF and NRS wetlands has been accomplished. � C. Item 23 reads: ihe Service Area I«�ill be changed to include the entire Albemarle Sound Hydrologic Unit (03010205) in North Carolina. D. Item 24, Table: The table is as follows: Natural Community Description Area (ac.) Mitigation Wetland HGM Activity Type 1.] Type 2.] Atlantic white cedar forest 3.5+/- restoration PFdE WF (Chamaecyparis thyoides) � � � Nonriverine wet hardwood forest 254.5+/- preservation PFOlE WF (Quercus,Liquidambar,Nyssa, 38.6+/- restoration Pinus) Nonriverine hardwood swamp 508.1+/- preservation PFO1 C/F NRS (Nyssa, Taxodium 6.3+/- restoration Small depressional pond 4.0+/- preservation POW . NRS (Hidden Lake) (no credit) PEM/SS TOTALS 815.0+/- Restoration and Preservation 63+/- Road right=of-way 821.3+/- Total surveyed acres 1.] Cowardin, 1979; 2. ] Brinson, 1993 E. Item 25 is as follows: Successful implementation of the Mitigation Plan has resulted in the creation of the following numbers and types of mitigation credits: � • 3.5 credits of AWC wetlands (3.5 acres of restoration @.1:1 ratio). • 89.5 credits of nonriverine wet flat hardwood wetlands (38.6 acres of restoration. @ 1:1 ratio and 254.5 acres of preservation @ 5:1 ratio = 50.9 credits. • 107.9 credits of nonriverine swamp hardwood wetlands (6.3 acres of restoration @ 1:1 ratio and 508.1 acres of preservation @ 5:1 ratio = 101.6 credits). • Total Credits from Restoration — 48.4 credits • Total Credits from Preservation —152.5 credits • TOTAL MITIGATION CREDITS AVAILABLE —(Subject to Item F) - 200.9 �J'!'�.. s , r.. .:�-. �. ....'� ;{; . .. ' . . . 1 ,�f � .a . ..... � — ;�i:.. ..';" . .. � . � . . 4 .t. F. Item 29 reads as follows: The MBRT has determined that the Bank has successfully completed 5 years of monitoring and following an on-site inspection, the Sponsor was notified by letter from the Corps (06/04/04) that the work on the property was successful and no additional monitoring will be required. All Bank credits will be available for sale immediately upon completion of the following: a. Recordation of a conservation easement offering permanent, perpetual conservation use of the Bank site; b. Execution of this AMENDMENT by all parties whose names appear as signatories; and c. Delivery of the security required by Paragraph 35 of this MBL G. Sale of the Bank to Another Entity: If the CURRENT Sponsor completes the creation of the Bank under terms of Item F of this AMENDMENT, and subsequently decides to sell the Bank, the new owner will become the Bank $ponsor with the approval of the Corps and members of the IRT. If the current Sponsor decides to sell the Bank prior to completion of the terms of Item F, arid the buyer wants to complete creation of the Bank under terms of Item F, then the buyer must be approved by the Corps and members of the IRT as an acceptable Sponsor, and the new buyer must accept all responsibilities required of the Bank Sponsor. IN WITNESS WI�REOF, the parties hereto have executed this AMENDMENT to the approved Mitigation Banking Instrument entitled: Agreement to Establish the Hidden Lake Wetland Mitigation Bank in Tyrrell County, North Carolina, December l, 1998. Sponsor: : Date U.S. Army Corps of Engineers: By: U.S. Environmental Protection Agency: : U.S. Fish and Wildlife Service: : National Marine Fisheries: : 9 N.C. Division of Water Quality: : N.C. Wildlife Resources Commission: : N.C. Division of Coastal Management: Date Date Date Date Date Date By: Date