20091236 Ver 1_USACE Correspondence_20100209

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO L
ATTENTION OF: February 2, 2010
Regulatory Division
Action ID. 2009-02054
Messrs. Jon Vincent, Jim Wallace, and Jeff Stokely
Tri-County Properties, LLC
1508 Military Cutoff Road, Suite 302
Wilmington, North Carolina 28403
Dear Messrs. Vincent, Wallace, and Stokely:
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FEB 0 9 2010
DENR . WATER QUALITY
WETLANDS AND STORMWATER BRANCH
This letter confirms the initial Interagency Review Team's (IRT) evaluation, and comments
received during the November 17, 2009 Public Notice of your prospectus, detailing the
establishment of an umbrella mitigation bank, known as Lower Cape Fear Umbrella Mitigation
Bank (Lower Cape Fear), in Brunswick County, North Carolina. The umbrella bank contains
two sites: White Springs Tract located at the intersection of Hwy 133 and MOTSU Entrance
Road near Boiling Spring Lake and the Sneeden Tract located northeast of SR 1430 and SR 1431
intersection just north of Navassa. Also, please reference my, along with other IRT members,
December 10, 2009 onsite field evaluation with your consultant, Messrs. Brent Manning, Rob
Moul, and Christian Preziosi of Land Management Group, Inc. The IRT attendees were
Ms. Kathy Matthew of U.S. Environmental Protection Agency (EPA), Mr. Fritz Rohde of
National Marine Fisheries Service (NMFS), Ms. Tammy Hill of North Carolina Division of
Water Quality (NC DWQ), Ms. Molly Ellwood of North Carolina Wildlife Resource
Commission (NC WRC), and Mr. Steve Everhart of North Carolina Division of Coastal
Management (NC DCM).
Pursuant to 33 CFR Part 332.8(d)(5) Compensatory Mitigation For Losses of Aquatic
Resources, our office is providing our initial evaluation as to the potential of your proposed bank
for providing appropriate compensatory mitigation for activities authorized by Department of the
Army (DA) permits. Several responses (copies enclosed) were received during the commenting
period of the Public Notice and forwarded by e-mail on January 5, 2009 to Land Management
Group. It is strongly recommended that you consider the recommendations disclosed within the
comments in the development of the bank. Based on our review of the comments and the onsite
meeting with the IRT, it is our position that the Lower Cape Fear Bank is appropriate for
providing compensatory mitigation for DA authorizations. Consequently, our office confirms
proceeding with the development of a draft mitigation banking instrument (MBI). Please be
aware that a mitigation plan must be approved prior to the release of any credits, and it is strongly
recommended that the plan be submitted prior to the MBI.

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In addition, it is our understanding that a portion of the Sneeden Tract, along the southern
boundary, is located within the North Carolina Department of Transportation (NC DOT) right-of-
way alignment for the R-2633B Project (section of the northern Wilmington By-pass). When
developing the mitigation plan and MBI, this portion of the mitigation site must be properly
identified and shown in the plan. Coordination with NC DOT is recommended to ensure this
identification process is accurate and complete. Our office, along with the IRT, will further
evaluate how to address this issue as information is provided.
If you have any questions regarding the banking process or moving forward with the
establishment of your proposal, please do not hesitate to contact me at the Wilmington
Regulatory Field Office, telephone [phone].
Sincerely,
Mickey Sugg, Project Manager
Wilmington Regulatory Division
Copies (without enclosures):
Mr. Steve Sollod
Transportation Project Coordinator
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Fritz Rohde
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
s. Tammy Hill
of Water Quality
Ii vision of Water Quality
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard
Raleigh, North Carolina 27626-0535
Ms. Kathy Matthews
U.S. Environmental Protection Agency
Wetlands Regulatory Section- Region IV
109 T.W. Alexander Drive
Durham, North Carolina 27711
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Mr. Howard Hall
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh North Carolina 27636-3726
Ms. Molly Ellwood
N.C. Wildlife Resources Commission
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. John Dorney
Division of Water Quality
N.C. Department of Environment
and Natural Resources
2321 Crabtree Boulevard
Raleigh, North Carolina 27626-0535
Mr. Steve Everhart
Division of Coastal Management
N.C. Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Leilani Paugh
N.C. Department of Transportation
1 South Wilmington Street
Raleigh North Carolina 27699-1548
Messrs. Brent Manning and Christian Preziosi
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28402