20081143 Ver 1_USACE Correspondence_20091215

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF: December 15, 2009
Regulatory Division
Action ID No. SAW-2007-01188
Ms. Tara Disy Allden
Restoration Systems, LLC
1101 Haynes Street, Suite 211
Raleigh, North Carolina 27604
Dear Ms. Allden:
This correspondence is in reference to the Cripple Creek Stream and Wetland
Mitigation Bank that is being developed by Restoration Systems, LLC, located east of Roney-
Lineberry Road, north of Woodbrooke Drive, south of Deep Creek Church Road and west of
North Fonville Road, in northeast Alamance County, North Carolina, within the Cape Fear River
Basin, Hydrologic Unit Code (HUC) 03030002. You distributed copies of the final mitigation
banking instrument (MBI), entitled, "Agreement to Establish the Cripple Creek Stream and
Wetland Mitigation Bank in Alamance County, North Carolina", dated November 30, 2009 and
received on or around December 2, 2009, by each Interagency Review Team (IRT) member.
You also sent an electronic copy to the Corps of Engineers, Office of Counsel, on December 9,
2009.
Pursuant to 33 CFR Part 332.8(8), I am informing you that the Corps has notified the
IRT members of our intent to approve the MBI and have requested that they notify us in
accordance with the formal dispute resolution process described in 33 CFR Part 332.8(e), if they
object to the approval of the MBI for this project. If any IRT member initiates the dispute
resolution process, we will advise you.
In an effort to expeditiously finalize the proposed bank, we have also enclosed the
signature page of the final MBI for your signature, should no members of the IRT object to the
approval. Please forwarded this signed signature page to Mr. Andrew Williams, U.S. Army
Corps of Engineers, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587,
as soon as possible.
If you have any questions, please contact me at my Raleigh Regulatory Field Office
address, or telephone [phone] ext. 26.
Sincerely,
Jean B. Manuele
Chief, Raleigh Regulatory
Field Office
Enclosure
Copies Furnished (without enclosure):
Ms. Kathy Matthews
United States Environmental Protection Agency
Wetlands Regulatory Section
Mail Code: E143-04
Research Triangle Park, North Carolina 27711
Mr. Howard Hall
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Eric Kulz
Division of Water Quality - Wetlands and Stormwater Branch
North Carolina Department of Environment
and Natural Resources
Mail Service Center 1650
Raleigh, North Carolina 27699-1650
2
Ms. Tammy Hill
Division of Water Quality - Wetlands and Stormwater Branch
North Carolina Department of Environment
and Natural Resources
Mail Service Center 1650
Raleigh, North Carolina 27699-1650
Ms. Shari Bryant
N.C. Wildlife Resources Commission
P.O. Box 129
Sedalia, North Carolina 27342-0129
Ms. Renee Gledhill-Early
Environmental Review Coordinator
North Carolina State Historic Preservation Office
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
Mr. Justin P. McCorcle
Assistant District Counsel
U.S. Army Corps of Engineers
Wilmington District
69 Darlington Avenue
Wilmington, North Carolina 28403
Mr. Todd Tugwell
U.S. Army Corps of Engineers
Wilmington District
11405 Falls of Neuse Road
Wake Forest, North Carolina 27587-9599
3