20070747 Ver 1_More Info Received_20100617

uv,u'.greenrestics. Coin
June 11, 2010
Tracey Wheeler
Department of the Army
Wilmington District, Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
In re: Action ID No. SAW 1999-11312/Flat Swamp Mitigation Bank
Dear Tracey,
This acknowledges your letter dated June 3, 2010 in the above matter.
There may have been a miscommunication during the meeting with our consultant, Scott Frederick or
perhaps it was not clear from our April 21, 2010 filing that what we had filed was intended to amend
the original banking instrument dated August 15, 2000. There have been ongoing discussions,
meetings and emails about the proposed amendment that we would be filing over the past two years.
The Corp was also noticed with our State banking initiative regarding nutrients and Neuse buffer
mitigation. I even think you had participated in some or at least one of the Flat Swamp site meetings.
We understand the original MBI needs to be abandoned. It is a new day, with new rules and new
conditions. Our filing on April 21, 2010 did comply with what we believe are all of the conditions of
the April 10, 2008 Final Rule (33CFR Parts 325 and 332) as well as your District Rules but in light of
your meeting with Scott and our internal decision making we will amend that filing further. We have
heard you loud and clear on the stream restoration potential and despite the jurisdictional finding that
streams do exist on the site will formally abandon any request for stream restoration credit. We will
seek wetland mitigation credit only. That filing should be back into your office within the next two
weeks.
Please direct all further communications to my attention on this matter. Both Bob Kessler and I will
be responsible for advancing this project through your office. We look forward to working with you
to complete that process.
Many tl s,
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cc: Becky Fox
f Maria Dunn
Cyndi Karoly Ron Sechler
Howard Hall Steve Solod
Doug Frederick David Cox
Robert Kessler
Scott Frederick
JUN Y 7 2010
726 Second Street, Suite 3B 84 Essex Street, Suite B 1001 Capability Drive, Suite 312
Annapolis, MD 21403 Jersey City, NJ 07302 Raleigh, NC 27606
410-268-7422 201-706-2558 919-831-1234