20100642 Ver 1_USACE Correspondence_20110325

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
March 18, 2011
Regulatory Division
Action ID No. SAW-2010-01239
Mr. Darrell Metcalf
Applied Botany Concepts, LLC
Post Office Box 39597
Greensboro, North Carolina 27438
Dear Mr. Metcalf:
1p
MAR 2 5 2011
DENR - WATER
lands $ yvater &anch
Reference is made to the prospectus for the La Foresta Mitigation Bank received on February
23, 2011. The prospectus indicates that you propose to restore or enhance approximately 2570
linear feet of stream channel within the proposed bank boundaries. The proposed mitigation
bank is located near the western terminus of La Foresta Drive, approximately .5 miles east of the
corporate city limits of the City of Greensboro in Guilford County, North Carolina. The proposed
Bank lies within the Cape Fear River basin, the North Carolina Division of Water Quality Sub
Basin 03-06-02, Hydrologic Unit Code (HUC) 03030002.
Upon review, your prospectus is considered incomplete, as the following information was not
included: 1) the proposed ownership arrangements and long-term management strategy for the
mitigation bank; 2) information detailing who the sponsor for the La Foresta Mitigation Bank
will be as mentioned throughout the prospectus; 3) contact information for all property owners
adjacent to the La Foresta Mitigation Bank boundaries. This information, as described in 33
CFR 332.8(d)(2), must be included for the prospectus to be considered complete and therefore
placed on public notice.
Specifically, we request that you identify what long-term financing mechanism will be used to
ensure the long-term management and maintenance. Also, the party or parties that will be the
holder of the conservation easement are subject to the approval of the IRT. It is the responsibility
of the applicant to locate an acceptable and willing holder; the District will not be the holder of
such an easement. Approved holders must be qualified pursuant to N.C. Gen. Stat. § 121-35, and
§ 170(h) of the Internal Revenue Code. In addition, the District will require that the holder be
either a recognized conservation organization, or a governmental entity that intends to enforce
the conditions of the conservation easement. The District will not approve any holder unless it
has some degree of confidence that th., :_,,der will monitor the preservation site, and enforce the
terms of the easement. The District may consider such factors as the experience of
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the holder in managing preservation property; the purpose of the proposed holder, as reflected in
its corporate charter or other organizational documents; the relationship of the proposed grantor,
or permit applicant, to the proposed holder; and the plans of the holder in managing the property.
Please provide the requested information within 30 days of the date of this letter. If you have
questions or comments, please contact me at my Raleigh Regulatory Field Office address, or
telephone [phone] ext. 35.
Sincerely,
Steve Kichefski
Regulatory Specialist
Raleigh Field Office
Copies Furnished:
Mr. Ian McMillan
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Ms. Tammy Hill
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Wetlands/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
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Mr. Kelly Laycock
ORISE Intern
US EPA Region 4
Wetlands and Marine Regulatory Section
61 Forsyth Street
Atlanta, GA 30303
Mr. Pete Benjamin, Field Supervisor
U.S. Fish and Wildlife Service
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Ms. Shari Bryant
N.C. Wildlife Resources Commission
P.O. Box 129
Sedalia, North Carolina 27342-0129
Mr. Todd Tugwell
Regulatory Division
Wilmington District
US Army Corps of Engineers
11405 Falls of Neuse Road
Wake Forest, North Carolina 27587