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Home My WebLink About20091236 Ver 1_USACE Correspondence_20121228DEPARTMENT OF THE ARMY � a 3� V1. WILMINGTON DISTRICT, CORPS OF ENGINEERS UT 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403;1343 REPLY TO ATTENTION OF December 21, 2012 Regulatory Division Action ID No. SAW- 2009 -02054 Ms Karen Higgins North Carolina Division of Water Quality Wetlands, Buffers, Stormwater - Compliance & Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Dear IRT Member This correspondence is in reference to the Lower Cape Fear Umbrella Mitigation Bank ( LCFUMB), which is being developed by Mr Jon Vincent of LCFUMB LLC, located on two separate tracts in Brunswick County. White Springs Tract, situated at the intersection of Hwy 133 and MOTSU Entrance Road near Boiling Spring Lake and Sneeden Tract, located northeast of SR 1430 and SR 1431 intersection just north of Navassa The purpose of this letter is to provide you with a final draft of the mitigation banking instrument (MBI) with appendices and to request your agency's signature on this document Please note that the financial assurance in Appendix E and the conservation easement agreement in Appendix F have not been finalized, and be aware that no mitigation credits will be released until all items in Section VII of the MBI have been completed Pursuant to 60 FR 228, p 58610, 3 Agency Roles and Coordination, "No agency is required to sign a banking instrument, however, in signing a banking instrument, an agency agrees to the terms of that instrument " Please review the attached final version carefully, and if you are in agreement with the terms of the MBI, please sign your appropriate signature block and return it to our office within 30 days of your receipt of this letter Please note that the December 2012 Mitigation Plan (Appendix A- attached CD), along with an e -mail copy of this MBI, has been provided to the team member of your agency, and that the Wilmington District Office of Counsel has reviewed the property disposition and disposal provisions in the MBI and agrees that these provisions provide adequate preservation assurances for the Bank property For your information, our review of the instrument has been completed and the Wilmington District Engineer is anticipating signing the MBI upon the 30 -day time period i DENR�v a; r,; h1ALi '21.2— n TY -2- Thank you again for your time and for your agencies participation in the review of this bank If you have any questions, please don't hesitate to contact me, at the Wilmington Regulatory Field Office, telephone (910) 251 -4811 Enclosure Distribution (with enclosure) Ms Debbie Wilson, Manager Wilmington Regional Office NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr Tony Able, Chief Sincerely, Mickey ugg, Project Manager Wilmington Regulatory Field Office Ms. Karen Higgins NC Division of Water Quality Wetlands, Buffers, Stormwater - Compliance & Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Wetlands Regulatory Section - Region IV Mr Fritz Rohde U S. Environmental Protection Agency National Marine Fisheries Service 61 Forsyth Street, SW Pivers Island Atlanta, Georgia 30303 Beaufort, North Carolina 28516 Mr Pete Benjamin U S Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh North Carolina 27636 -3726 Mr David Cox, Technical Guidance Supervisor North Carolina Wildlife Resources Commission 1718 Highway 56 West Creedmor, North Carolina 27522 Copy Furnished (without enclosure)- Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division Post Office Box 12559 Charleston, North Carolina 29422 -2559 Ms. Heather Coats Wilmington Regional Office NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 -3- Mr Chad Coburn Wilmington Regional Office NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr Eric Kultz NC Division of Water Quality Wetlands, Buffers, Stormwater - Compliance & Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Ms Kathy Matthews U S Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh North Carolina 27636 -3726 Mr Christian Preziosi Land Management Group, Inc 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Mr. Jon Vincent LCFUMB, LLC 1508 Military Cutoff Road, Suite 302 Wilmington, North Carolina 28403 Ms Maria Dunn North Carolina Wildlife Resource Commission 943 Washington Square Mall Washington, North Carolina 27889 Mr Jeffrey Garnett Wetlands Regulatory Section - Region IV U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303