20021131 Ver 1_Other Agency Comments_20020711

REPLY TO
ATTENTION OF
Regulatory Division /1145b
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON NORTH CAROLINA 28403 1343
July 2 2009
SUBJECT Action IDs 200220819 and 2008 02072 TIP R 2547 and Marks Creek Mitigation Site
Philip S Harris III P E
Unit Head
PDEA — Natural Environment Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh NC 27699 1598
Dear Mi Harris
Reference your June 16 2006 letter providing documentation on the Marks Creek
Mitigation Site (AID 2008 02072) in the Upper Neuse Basil (HUC 03020201) southeast of
Raleigh in Wake County North Carolina which provided wetland mitigation for TIP Project R
2547 (AID 200220819) The North Carolina Department of Transportation has completed
hydrology and vegetative monitoiing for five years as documented in the mitigation monitoring
reports that were submitted from 2004 through 2008
Based on the monitoring reports and site inspections the stream mitigation has met the
required success criteria however some of the wetlands acreage at Marks Creek have not met
the required hydrologic success criteria You have delineated the areas throughout the wetlands
mitigation site that do meet the criteria and I confirmed this delineation in an inter agency site
inspection on.May 7, 2009 and concuired with your recommendation to discontinue monitoring
at this site Based on the submitted information, we have deteimined that you have partially
satisfied the Marks Cieek Mitigation Site wetland construction planting and monitoring
requiiements of the permit authorization foi TIP Project R 2547 Marks Creek was originally
debited for 4 40 acres of riveiine wetland restoration credits for R 2547 Only 3 33 acres of
credit are available at Marks Creek, based on the 2009 delineation You are requesting a
modification to the R 2547 permit for the 107 acre deficit to be debited at a 2 1 ratio from the
Wiggins Mill Mitigation site (AID 200420554) which is in the Contentnea Creek sub basin
(HUC 03020203) and which has been successfully closed out and has sufficient available
wetland credits

1
r 1
2
We concur with closing out the Marks Creek Mitigation Site We have reviewed the requested
modification to debit the Wiggins Mill Mitigation site for the wetlands mitigation deficit and
determined that it is appropriate and reasonable Therefore the permit is hereby modified to change
special condition d and to add special condition xx as follows
d The permittee shall mitigate for 1 665 acres of unavoidable impacts to wetlands
associated with this project with 3 3 acres of wetland restoration, at the Marks Creek Phase II
Mitigation Site
xx The permittee shall mitigate for 535 acres of unavoidable impacts to wetlands
associated with this project with 107 acres of wetland restoration at the Wiggins Mill
Mitigation Site
With regards to the final disposition of the site pursuant to the special conditions for R
2547 NCDOT shall make every effort to convey the Marks Creek Mitigation Site property to a
nonprofit conservation organization or a natural resource agency which is willing to hold the
areas in perpetuity for conservation purposes and which is acceptable to the Corps of Engineers
In addition the special conditions state that NCDOT The permittee shall not sell or otherwise
convey any interest in the properties used to satisfy mitigation requirements for this permit to
any third party without 10 days prior notification to Wilmington District Corps of Engineers in
writing Therefore the terms and conditions of any transfer of this tract shall be coordinated with
this office to ensure appropriate long term management of the Marks Creek Mitigation Site
Before the property is transferred, please provide this office with a draft of a proposed long term
management agreement with the agency expected to accept the transfer which clearly addresses
the need to protect the resources at this compensatory mitigation site
Should you have any questions please call Mr Eric Alsmeyer at [phone]
extension 23
Copies Furnished /
Mr Brian Wrenn V
Federal Highway Administration
Raleigh North Carolina 27601 1442
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Marl Service Center
Raleigh NC 27699 1650
Sincerely
JJ Jefferson M Ryscavage DJZ�
�U Colonel U S Army
District Commander

Mr Clarence Coleman
Federal Highway Admimstiation
310 New Bern Ave Rm 410
Raleigh North Caiolina 27601 1442