HomeMy WebLinkAbout20171291 Ver 1_USACE ApprovalLetter_20191204DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
December 4, 2019
Regulatory Division
SUBJECT: NCIRT Review and USACE Approval of the Environmental Banc & Exchange,
LLC (a wholly owned subsidiary of Resource Environmental Solutions, LLC) RES Yadkin 01
Umbrella Mitigation Banking Instrument - Gideon Mitigation Site (SAW-2017-01462), Compass
Point Mitigation Site (SAW-2017-01465), Green Mesa Mitigation Site (SAW-2017-01466),
Twiman Mitigation Site (SAW-2017-01467) and Scout Mitigation Site (SAW-2017-01469)
Mr. Brad Breslow
Resource Environmental Solutions
302 Jefferson Street, Suite 110
Raleigh, North Carolina 27605
Dear Mr. Breslow:
This letter is to inform you that the Wilmington District, Corps of Engineers (Corps) has
reviewed and approved the RES Yadkin 01 Umbrella Mitigation Banking Instrument (UMBI)
and Gideon (SAW-2017-01462), Compass Point (SAW-2017-01465), Green Mesa (SAW-2017-
01466), Twiman (SAW-2017-01467) and Scout (SAW-2017-01469) Final Mitigation Plans
dated August 2019, except for Green Mesa which is dated June 2019. In addition, the Corps has
issued a Nationwide Permit 27 (NWP 27) verification letter authorizing work in waters of the
United States associated with restoration of aquatic resources for each mitigation bank site,
except Green Mesa. As bank sponsor you are required to comply with the approved RES Yadkin
01 UMBI and each sites approved mitigation plan, the terms and conditions of your NWP 27
verification letter, and the Corps' regulations regarding compensatory mitigation (33 CFR 332).
The bank sponsor accepts all risk, liability, and responsibility for the success of all mitigation
activities associated with the approved mitigation bank site. In accordance with each Final
Mitigation Plan, the bank sponsor must prepare and submit annual monitoring reports to
document whether the stream restoration and enhancement areas on the project site meet the
necessary interim and final performance standards. When credits are debited from the mitigation
site, the bank sponsor must provide the Corps with an updated ledger form identifying the
purchaser of the credits, the project name, the permit number, and the number and type of credits
to be debited. When all stream credits have been consumed, no more credits may be sold from
this mitigation site.
From the Corps' perspective, the next phase in the establishment of the RES Yadkin 01
UMBI and the five initial mitigation sites, include recording the conservation easement to protect
the mitigation site, marking the boundary of the site with permanent signs, and executing the
necessary financial assurances. Once the conservation easement has been recorded and we
receive the required executed financial assurance documents, the Corps will be in a position to
approve an initial credit release for 15% of the total stream mitigation credits. We look forward
to working with you to ensure each Mitigation Site complies with the requirements of the
approved UMBI and site -specific mitigation plan
In all future correspondence concerning the UMBI or prospective new sites, please refer
to our file number, SAW-2016-02357, otherwise refer to the each site by its specific Action ID.
If you have any questions regarding this letter, the mitigation plan review process, or the
requirements of the Mitigation Rule, please contact Mr. Steve Kichefski by email at
steven.l.kichefski&usace.army.mil or by phone at (828) 271-7980 extension 4234.
Sincerely,
KICHEFSKI.STEVEN.L Digitally signed by
KICHEFSKI.STEVEN.L.1386908539
.1386908539 Date: 2019.12.0415:30:52-05'00'
Steve Kichefski
Project Manager, Asheville Regulatory Field Office
Enclosures
Electronic Copies Furnished:
RES Yadkin 01 NCIRT Distribution List