HomeMy WebLinkAbout20090565 Ver 1_Other Agency Comments_20150212REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
December 18, 2014
Regulatory Division
Action ID. SAW- 2009 -00832
Weyerhaeuser NR Company
Attn: Mr. Scott Dahlquist
33663 Weyerhaeuser Way South
Federal Way, Washington 98003
Dear Mr. Dahlquist:
a00q o s6S
ECEIVE
DEC 18 2014
BY: - --
This letter is in response to your October 30, 2014 notification disclosing the name change
for the Sponsorship of Bachelors Delight Mitigation Bank (Bank) located within Bachelors
Delight Swamp watershed, north of Jacksonville, Onslow County, North Carolina. Your
notification, pursuant to Section X(C) of the July 9, 2012 executed Bachelors Delight Mitigation
Banking Instrument, stated that the current ownership of the Bank, Weyerhaeuser Real Estate
Development Company, will be merging with Weyerhaeuser RN Company (both under
Weyerhaeuser Corporation) at the end of 2014. All responsibilities and contact information will
remain unchanged.
In accordance with your notification and the. ensuing administrative record, enclosed are two
blank signature pages associated with the Amendment to the July 9, 2012 executed Mitigation
Banking Instrument (MBI) of the Bank to acknowledge and record the merging of Weyerhaeuser
Real Estate Development Company with Weyerhaeuser NR Company; and the name change of
the Bank sponsorship to Weyerhaeuser NR Company.
You should acknowledge that you accept the terms and conditions of the enclosed
Amendment to the MBI by signing and dating each copy in the spaces provided (attached). Both
signed copies should then be returned to this office for final authorization. A self - addressed
envelope is enclosed for your convenience. After the Regulatory Division Chief signs the
Amendment, the original copy will be returned to you. The duplicate copy will be permanently
retained in this office. As you are aware, the Amendment to the MBI was provided to each
member of the Interagency Review Team (IRT) by e -mail dated November 17, 2014.
Confirmation on the Amendment has been received by U.S. Fish and Wildlife Service, National
Marine Fisheries Service, U.S. Environmental Protection Agency, and North Carolina Wildlife
Resource Commission. It is expected that North Carolina Division of Coastal Management
North Carolina Division of Water Resources will be providing their confirmation at a later date.
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Thank you for your time and cooperation. If you have questions, please contact me at the
Wilmington Regulatory Field Office, telephone (910) 251 -481 L
Enclosures
Copies furnished (w /enclosure):
Mr. Christian Preziosi
Land Management Group, Inc.
Post Office Box 2522
Wilmington, North Carolina 28403
Mr. David Ashcraft
NC State Natural Resources
Foundation, Inc.
Campus Box 8010
Room 3060, Biltmore Hall
Raleigh, North Carolina 27695
Mr. Glenn Catts
Hofmann Forest Liaison
College of Natural Resources
NCSU
2023 Biltmore Hall, PO Box 8002
Raleigh, North Carolina 27695
Mr. Todd Bowers
U.S. Environmental Protection Agency
Wetland Section- Region 4
61 Forsyth Street, S.W.
Atlanta, Georgia 30303 -8960
Sincerely,
Mickey Su , Project Manager
Wilmington Regulatory Field Office
Weyerhaeuser NR Company
Attn: Mr. Taylor Downey
Post Office Box 12768
New Bern, North Carolina 28561
Ms. Joanne Steenhuis
Wilmington Regional Office
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Cyndi Karoly
NC Division of Water Resources
Wetlands, Buffers, Stormwater - Compliance
& Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Ms. Maria Dunn
North Carolina Wildlife Resource
Commission
943 Washington Square Mall
Washington, North Carolina 27889
A
Ms. Debbie Wilson, Manager
Wilmington Regional Office
NC Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Roy Brownlow
Morehead City Regional Office
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
Ms. Kathy Matthews
U.S. Fish and Wildlife Service
Post Office Box 33726
Raleigh North Carolina 27636 -3726
Mr. Fritz Rohde
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Daniel Govoni
Morehead City Regional Office
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557 -3421
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AMENDMENT NO. 1 TO THE
AGREEMENT TO ESTABLISH THE BACHELORS DELIGHT MITIGATION
BANK IN ONSLOW COUNTY NORTH CAROLINA DATED JULY 9 2012
(USACE Action ID No. 2009 - 00832)
This AMENDMENT to the Mitigation Banking Instrument (MBI) dated July 9,
2012 is made and entered into on the _ day of , 20 b
—, y
Weyerhaeuser NR Company (Sponsor), and the U.S. Army Corps of Engineers
(USACE), on behalf of the Interagency Review Team (IRT).
WHEREAS, the purpose of this Amendment to the MBI is to acknowledge and
document the change in Sponsor for the Bachelors Delight Mitigation Bank (Bank).
Effective 31 December 2014, Weyerhaeuser Real Estate Development Company, the
former Sponsor, merged with its parent company, Weyerhaeuser NR Company, a
Washington corporation, by virtue of a Merger Agreement, dated 2014.
Weyerhaeuser NR Company is the successor by merger. Evidence of the merger has
been filed with the appropriate Government Offices; and
WHEREAS, Weyerhaeuser NR Company has acquired all the assets of the former
Sponsor by virtue of the above merger; and
WHEREAS, Weyerhaeuser NR Company has assumed all obligations and
liabilities of the former Sponsor under the MBI and related agreements by virtue of the
above merger; and
WHEREAS, Weyerhaeuser NR Company is in a position to fully perform all
obligations that may exist under the MBI; and
WHEREAS, it is consistent with the public interest to recognize Weyerhaeuser
NR Company as the successor Sponsor; and
THEREFORE, it is mutually agreed among the parties to this agreement that the
following provisions are adopted and will be implemented upon signature of this
Amendment to the MBI:
1) All terms and conditions of the MBI shall remain unchanged, and are
incorporated by reference as though fully set forth herein in their entirety.
2) The Sponsor agrees to be bound by and to perform each requirement and
obligation in accordance with the terms and conditions contained in the MBI.
3) The Sponsor ratifies all previous actions taken by the former Sponsor with
respect to the duties and obligations under the MBI, with the same force and effect
as if the action had been taken by the Sponsor.
4) The IRT recognizes the Sponsor as the Sponsor for all purposes under the
MBI. By this Agreement, Sponsor becomes entitled to all rights, title and interests
as if the Sponsor were the original Sponsor under the MBI.
5) All notices and required reports shall be sent by regular mail to the Sponsor
and its Agent at their respective addresses, provided below:
Sponsor:
Mr. Scott Dahlquist
Weyerhaeuser NR Company
33663 Weyerhaeuser Way S.
Federal Way, Washington 98003
Taylor Downey
Weyerhaeuser NR Company
Post Office Box 12768
New Bern, NC 28561
Sponsor's Agent:
Mr. Christian Preziosi
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the
Mitigation Banking Instrument entitled "Amendment No. I to the Agreement to Establish the
Bachelors Delight Mitigation Batik in Onslow County, North Carolina, Dated July 9, 2012 ":
Sponsor:
ME
Scott Dahlquist
Weyerhaeuser NR Company
U.S. Army Corps of Engineers:
:
Scott McLendon, Chief
Wilmington District Regulatory Division
Date:
Date: