20080229 Ver 1_Other Agency Comments_20110118

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DEPARTMENT OF THE ARMY 'Va- ? a g
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
January 14, 2011
Regulatory Division
Action ID: 200521199
Mr. Tommy Cousins
Mid-Atlantic Mitigation, LLC
An Earthmark Company
1960 Derita Road
Concord, North Carolina 28027
Dear Mr. Cousins:
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JAN 7 8 2011
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This correspondence is in reference to the Forrest Creek Mitigation Bank located
approximately seven miles northeast of Hillsborough and six miles northeast of Durham in
northeastern Orange County, North Carolina. The purpose of this letter is to confirm the year 3
credit release (milestone 5) as requested in your letter of December 14, 2010.
As shown in your amended Mitigation Banking Instrument the credit release schedule allows
for a 10% release of credits from the total of 7,072 restoration and enhancement credits. This
allocates a release of 707 restoration and enhancement credits for the third year of monitoring.
By copy of this correspondence, we confirm that you have satisfied the above requirements and
that an additional 707 credits are now available for sale. The basis of this determination results
from an on-site inspection of the 2010 repair area which was found to be constructed according
to the approved methods and plans, as well as successful monitoring for the remainder of the site.
Please note that 3 additional years of monitoring within the repair area is currently required for
complete closeout and final credit release. Separate correspondence will address the details for
this additional requirement.
Thank you for your time and cooperation. If you have any questions, please contact
Mr. Monte Matthews at the Raleigh Regulatory Field Office, telephone [phone],
extension 30.
Sincerely,

Jean B. Gibby
Chief, Raleigh Regulatory
Field Office
Copies Furnished:
Mr. Todd St. John
Kimley-Horn and Associates, Inc.
Post Office Box 33068
Raleigh, North Carolina 27636-3068
Mr. Ian McMillan
NCDENR - Division of Water Quality
Wetland/401 Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Peter Benjamin
United States Fish and Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Shari Bryant
Post Office Box 129
Sedalia, North Carolina 27342
Ms. Rebecca Fox
U.S. Environmental Protection Agency
1349 Firefly Road
Whittier, North Carolina 28789
Ms. Lauren Witherspoon
NC DENR/Division of Water Quality
Wetland/401 Unit
1628 Mail Service Center
Raleigh, North Carolina 27699-1628