HomeMy WebLinkAbout20070828 Ver 1_USACE Correspondence_20090706-� 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
June 30, 2009
Regulatory Division
ORM ID 199606750 / Hidden Lake Mitigation Bank
Mr. Doug Lashley
GreenVest
726 Second Street, Suite 3B
Annapolis, Maryland 21403
Dear Mr. Lashley:
OP 9
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JUL 6 2009
DENR - WATER QUALITY
WETLANDS AND STORMNATER BRANCH
This correspondence is in reference to the letter and attachments I received from Ms. Lauren
McKee of GreenVest, entitled GreenVest Mitigation Opportunity Profile (Profile), dated June
15, 2009, regarding your company's efforts to market the Hidden Lake Mitigation Bank (Bank)
located off Soundside Road (NCSR 1209), adjacent to the Albemarle Sound, near
Newfoundland, in Tyrrell County, North Carolina. This letter also confirms our telephone
conversation on June 30, 2009. The purpose of this correspondence is to clarify the status of this
Bank and to recommend cessation of the marketing of this project until the following issues are
resolved.
As discussed, review of the subject marketing Profile revealed many errors:
1. The geographic service area description and map are incorrect. Paragraph 23 of the
mitigation banking instrument (MBI) describes the service area as, "...the Albemarle Sound
Hydrologic Unit (03010205) in North Carolina south of the center of the Albemarle Sound." As
documented by Appendix C of the MBI, the service area does not include the Dare County Outer
Banks from north of Duck to Hatteras Inlet.
2. The size of the Bank does not correspond with information contained in the MBI.
3. Restoration work within the Bank has been accepted and monitoring has been allowed
to end. However, credits have not been "fully approved ". There are too many loose ends
associated with Bank acreage and credit composition to make such a statement. Most
importantly, the credits depicted in the Profile do not correspond with information contained in
the MBI.
4. The Restoration, Enhancement and Preservation acreages do not correspond with
information contained in the MBI.
5. There was no Creation work proposed, nor accepted for this project.
6. There are no "tidal wetlands" associated with this Bank.
<4 ; Additionally, reference my correspondence to Dr. Doug Frederick, Bank sponsor, dated June
4;2Q04 (enclosed). As stated, before any credits can be sold from this Bank the following issues
must be resolved:
1. The Bank sponsor revealed that the final survey of the Bank properties resulted in
slight modifications to the mitigation acreage. Additionally, the Bank sponsors propose to
eliminate the Red Cockaded Woodpecker Enhancement Plan and add that acreage to the'Bank's
preservation component. These actions are governed by Paragraphs 16, 24 and 25 of the MBI.
2. The addition of the Weyerhaeuser Pump Station Tract to the Bank remains unresolved.
This action is governed by Paragraph 31 of the MBI.
3. Credits will -not be available for sale until all Bank properties are preserved and
protected in perpetuity. This action is governed by Paragraph 34 of the MBI.
As discussed with Ms. McKee on June 10, 2009 and again with you on June 30, the IRT
welcomes the re- activation of this Bank. Given the time that has passed since the signing of the
MBI and proposed changes to the Bank's acreage and credit structure, and in order to initiate
completion of the above, you must submit all proposed MBI modifications to me for appropriate
evaluation pursuant to the mitigation regulations (33 CFR Part 332.8(g), Modification of
Instruments). All information must be provided to me in both written and electronic format. If
necessary, an IRT meeting will be scheduled to further discuss the modifications.
Thank you for your time and cooperation. The Wilmington District is committed to providing
the highest level of support to the public. To help ensure we continue to do so, please complete
the Customer Satisfaction Survey located on our website at http: / /re ug latory.usacesurvey.com /.
If you have any questions, please contact me at the Washington Regulatory Field Office,
temporary telephone (910) 251 -4595.
Enclosure
Sincerely,
c ( ►"
David M. Lekson, P.W.S.
Chief, Washington Regulatory Field Office
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Copies Furnished:
Ms. Kathy Matthews
United States Environmental Protection Agency
Wetlands Regulatory Section
Mail Code: E143 -04
Research Triangle Park, North Carolina 27711
Ms. Becky Fox
United States Environmental Protection Agency
1349 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
Mr. Gary Jordan
United States Fish and Wildlife Service
Ecological Services - Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636 -3726
Mr. John Dorney
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Mail Service Center 1650
Raleigh, North Carolina 27699 -1650
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Mr. Eric Kulz
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Mail Service Center 1650
Raleigh, North Carolina 27699 -1650
Ms. Tammy Hill
North Carolina Department of Environment
and Natural Resources
Division of Water Quality
Mail Service Center 1650
Raleigh, North Carolina 27699 -1650
Ms. Maria Dunn
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Mr. David Cox
North Carolina Wildlife Resources Commission
1142 Interstate 85 Service Road
Creedmoor, NC 27522 -9159
Mr. Travis Wilson
North Carolina Wildlife Resources Commission
1 142 Interstate 85 Service Road
Creedmoor, NC 27522 -9159
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. Doug Frederick
The Triangle Group, Incorporated
1001 Capability Drive
Research I — Suite 312, Centennial Campus
Raleigh, North Carolina 27606
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