20070747 Ver 1_Other Agency Comments_20100812

IN REPLY REFER TO
Regulatory Division
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
Post Office Box 1000
Washington, North Carolina 27889-1000
August 10, 2010
Action ID SAW-1999-11312 / Flat Swamp Mitigation Bank
Mr. Douglas Lashley
GreenVest
726 Second Street, Suite 3B
Annapolis, Maryland 21403
Dear Mr. Lashley:
? - C)
109MEM90
AUG 1 12 2010
DENR • WATER QUALITY
WETW0 AND STORMW,grER BRANCH
This correspondence confirms our July 26, 2010, receipt of the document you submitted
entitled Final Plan, The Flat Swamp Mitigation Bank, dated July 2010, regarding your proposal
to re-establish a wetland mitigation bank on property located off Dover Road, adjacent to Flat
Swamp Creek, near the Town of Dover, in Craven County, North Carolina. This letter also
confirms my April 29, 2010, meeting with your agent, Mr. Scott Frederick of Soil, Water and
Environment Group.
On June 3, 2010, the U.S. Army Corps of Engineers (Corps) officially withdrew from the
original mitigation banking instrument (MBI) governing this same property. As discussed with
Mr. Frederick, in order to pursue the re-establishment of a wetland mitigation bank on this
property designed to offset impacts associated with the Corps' regulatory program, you should
submit a new prospectus pursuant to 33 CFR Parts 325 and 332, Compensatory Mitigation for
Losses of Aquatic Resources; Final Rule, dated April 10, 2008. As discussed, the prospectus
must provide a summary of the information regarding your proposed wetland mitigation bank at
a level of detail sufficient to support informed public and Interagency Review Team (IRT)
comment and must include the following components:
1. Objectives of the wetland mitigation bank
2. How the wetland mitigation bank will be established and operated
3. The proposed service area
4. General need and technical feasibility of the wetland mitigation bank
5. Proposed ownership arrangement and long term management plan.
6. Qualifications of the sponsor
7. The ecological suitability of the site to achieve the stated objectives
8. The assurance of sufficient water rights to support the long-term sustainability of the
wetland mitigation bank
Review of the subject document revealed that it is not a complete prospectus. Additionally,
the document includes information relating to the nutrient offset and buffer mitigation bank you
have established located to the north of the proposed wetland mitigation bank. Although this
information is helpful when considering project setting and potential impacts to the wetland
bank, it does not need to be included in detail in the wetland mitigation bank prospectus. Should
you wish to submit a complete prospectus, it should specifically focus on the establishment of
the wetland mitigation bank and include the information referenced above.
Thank you for your time and cooperation. I look forward to receiving a revised proposal.
The Wilmington District is committed to providing the highest level of support to the public. To
help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at
http://per2.nwp.usace.army.mil/survey.html to complete the survey online.
If you have any questions, please call me at the Washington Regulatory Field Office, telephone
[phone].
Sincerely,
Tracey L. Wheeler
Regulatory Project Manager
Copies Furnished
Ms. Becky Fox
Wetland Regulatory Section
U.S. Environmental Protection Agency
1307 Firefly Road
Whittier, NC 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
Ms. Maria Dunn
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Ian McMillan
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
Mail Service Center 1650
Raleigh, North Carolina 27699-1650
Mr. Steve Rynas
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Scott Frederick
Soil, Water and Environment Group
1001 Capability Drive, Suite 312
Raleigh, North Carolina 27606