20070747 Ver 1_Other Agency Comments_20100604

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
IN REPLY REFER TO
CERTIFIED MAIL-RETURN RECEIPT REQUESTED.
June 3, 2010
Regulatory Division
Action ID No. SAW 1999-11312 / Flat Swamp Mitigation Bank
Mr. Doug Lashley, President
GreenVest
726 Second Street, Suite 3B
Annapolis, Maryland 21403
Dear Mr. Lashley:
D`1- 01 qtJ
i oa0-24k- 0 q
?-i C-
(!N
2010
IMNcn
This correspondence is in reference to the Flat Swamp Wetland Mitigation and Stream
Restoration Bank (Bank) proposed by GreenVest/Flat Swamp, LLC, on property located off
Dover Road, adjacent to Flat Swamp Creek, near Dover, in Craven County, North Carolina. The
Bank is administered via an existing mitigation banking instrument (MBI) entitled, Agreement to
Establish the Flat Swamp Wetland Mitigation and Stream Restoration Bank in Craven County,
North Carolina, dated August 15, 2000. This correspondence also confirms the April 29, 2010
meeting between Ms. Tracey Wheeler of my staff and Mr. Scott Frederick of Soil, Water and
Environment Group. Also in attendance was Mr. Todd Tugwell of the Regulatory Division.
As discussed with Mr. Frederick, the status of the property as it exists today is vastly different
than what was proposed in the original MBI. Today, a majority of the property is governed by a
second mitigation banking instrument entered into with the North Carolina Division of Water
Quality, signed June 15, 2009, and the site now functions as a riparian buffer and nutrient offset
bank protected under separate conservation easement. Due to the management of the site for
riparian buffer and nutrient offset credits, the wetland restoration potential of the site has been
greatly reduced and the credit structure as prescribed in the original MBI cannot be met.
Additional concerns exist about the site's ability to function as a compensatory mitigation bank
designed to offset impacts associated with the Corps' regulatory program.
Based on the above and pursuant to General Provision 6 of the MBI, the U.S. Army Corps of
Engineers is hereby officially withdrawing from the subject MBI, effective ten (10) days from
your receipt of this correspondence.
As discussed, should you wish to pursue the establishment of a compensatory mitigation bank
designed to offset impacts associated with the Corps' regulatory program, you may submit a
prospectus pursuant to 33 CFR Parts 325 and 332, Compensatory Mitigation for Losses of
Aquatic Resources, Final Rule, dated April 10, 2008.
Thank you for your time and cooperation. The Wilmington District is committed to providing
the highest level of support to the public. To help us ensure we continue to do so, please
complete the Customer Satisfaction Survey located at
htt2:/per2.M.usace.gM.mil/survey.html to complete the survey online. If you have any
questions, please contact me at the Washington Regulatory Field Office, telephone (910) 251-
4627.
Sincerely,
Tracey L. Wheeler
Regulatory Project Manager
Copies Furnished:
Ms. Becky Fox
Wetlands and Marine Regulatory Section - Region IV
United States Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Howard Hall
United States Fish and Wildlife Service
Ecological Services - Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
2
Mr. David Cox
Habitat Conservation Program
North Carolina Wildlife Resources Commission
1142 I-85 Service Road
Creedmoor, North Carolina 27522
Ms. Maria Dunn
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Ms. Cyndi Karoly
Division of Water Quality, Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Eric Kulz
Division of Water Quality, Wetlands Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Steve Sollod
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Dr. Douglas J. Frederick
The Triangle Group, Incorporated
1001 Capability Drive
Research I - Suite 312, Centennial Campus
Raleigh, North Carolina 27606
Mr. Scott Frederick
Soil, Water and Environment Group
1001 Capability Drive, Suite 312
Raleigh, North Carolina 27606