20071843 Ver 1_Other Agency Comments_20110407

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY ON OF: April 5, 2011
ATTENT
Regulatory Division
Action ID. SAW 2003-00682
Ms. Virginia Williamson
Ocean Isle Investment Co.
11 Causeway Drive
Ocean Isle Beach, North Carolina 28469
Dear Ms. Williamson:
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APR 0 7 2011
DENR-WIATEROU&P
WE nfiM AND STORMWATER BRANCH
This letter serves to confirm our combined evaluation of the December 1, 2010 Vegetation
Addendum to the April 2010 Year 2 annual monitoring report and of the March 2011 Year 3
annual monitoring report for Phase I of Stone Farm Mitigation Bank (Bank) located north of
Georgetown Road (SR 1163) and east of Seaside Road (SR 1165), adjacent to the Little Caw
Caw Canal/Creek and Drowned Bay, east of Calabash, Brunswick County, North Carolina.
Please reference the 5th January 2009 Mitigation Banking Instrument (MBI); and my December
2, 2010 and March 9, 2011 onsite inspections.
Year 2 Report
Upon our initial review of the Year 2 monitoring report, our office was unable to make a
performance determination on the vegetation parameter with the data provided in the report.
Additional information, the December 2010 addendum, was submitted to our office in order to
fill the data gap and to help our office, along with the Interagency Review Team (IRT), to
complete the review.
With the complete monitoring report and supplemental addendum, the IRT and our office
concluded that the hydrologic and vegetation success criteria have been met for the second year
growing season. It has been noted that the survivability of river burch (Betula nigra) and
elderberry (Sambucus canadensis) has been low; and it is our conclusion that these species were
inappropriate for the targeted Carolina bay community type. By meeting the Year 2 performance
requirements, we are confirming the 10% scheduled credit release (or 14.5 credits) for Phase I of
the 145-acre Carolina Bay. This brings the cumulative total of released credits to 72.6 after Year
2 monitoring.
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Year 3 Report
For the third year monitoring, our office, in coordination with the IRT, has concurred that
the hydrological success criteria for Phase I (Carolina Bay) has been met. However, our review
of the vegetation parameter is less conclusive due to the prevalence of volunteer species. In
strictly applying the vegetation performance criteria, the Year 3 monitoring results demonstrated
success. However, in analyzing the volunteer data and conducting onsite inspections, it appears
that the planted stems in portions of the 145-acre site may eventually be outcompeted by
volunteer species. Success criteria #2 of the restoration plan states that "During years 4 and 5, no
single volunteer species, comprising over 50% of the total composition, may be more than half
the height of the planted species. If this occurs, remedial procedures will be implemented." This
height criterion is required to help suppress the unfavorable volunteer species and to increase the
probability that the vegetative stratum would be restored to the targeted community of a Carolina
Bay. Our present concern focuses on the high possibility that the targeted planted species'
survivability will decrease over the long-term. Although this concern exists, the IRT and our
office have some reassurance that the targeted community will still be reached due to the
volunteer species types which are prevalent. The current predominant canopy, shrub, and
herbaceous species encroaching on the site include types that are commonly and historically
present within Carolina Bays. It has been concluded that remedial action to suppress the
volunteers is not recommended at this time. Subsequent monitoring of the planted and volunteer
species must continue, with no changes in the reporting methods, and all success criteria still
apply.
It has been determined that the scheduled Year 3 credits (20% or 29 credits) can be
released for Phase I of the mitigation bank. With this confirmation, the total cumulative credits
released to date for the 145-acre Carolina bay, including the above Year 2 release, is 101.7 or
70% of the projected credits. Please be reminded that credits for Phase II, as depicted on Table
3b & 3c of the MBI, remain unavailable. At such time when construction has been deemed
complete, the IRT will reconsider the release of any credits for Phase II of the bank.
Please be reminded of your obligations pursuant to the 5t" January 2009 MBI, which
includes the submittal of a debit ledger within 30 days from the final sell of any credit; and to
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continue maintenance inspections of the check dams throughout the bank in order to evaluate the
condition and stability of each structure in perpetuity. Should you have any questions, please do
not hesitate to contact me at telephone [phone].
Sincerely,
Mickey Sugg, Project Manager
Wilmington Regulatory Field Office
Copies furnished:
Mr. DeCarol Williamson
Ocean Isle Investment Co.
2618 New Village Way
Wilmington, NC 28405
Ms. Ladane Williamson
Ocean Isle Investment Co.
Post Office Box 2588
Shallotte, NC 28459
Mr. Christian Preziosi
Land Management Group, Inc.
Post Office Box 2522
Wilmington, NC 28403
Mr. Coleman Ramsey
Ocean Isle Investment Co.
Post Office Box 2588
Shallotte, North Carolina 28459
Mr. Mike Satterfield
Fletcher, Ray, & Satterfield, L.L.P.
131 Racine Drive, Suite 201
Wilmington, NC 28403
Ms. Molly Ellwood
North Carolina Wildlife Resources
Commission
127 Cardinal Drive Extension
Wilmington, NC 28405
r John Dorney
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604-2260
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, NC 28516
Mr. Peter Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh NC 27636-3726
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Ms. Becky Fox
U.S. Environmental Protection Agency
Wetlands Regulatory Section- Region IV
1349 Firefly Road
Whittier, NC 28789
Mr. Stephen Everhart
North Carolina Division of
Coastal Management
127 Cardinal Drive Extension
Wilmington NC 28405-3845
Mr. Steve Sollod
Transportation Project Coordinator
North Carolina Division of Coastal
Management
1638 Mail Service Center
Raleigh, NC 27699-1638
Ms. Joanne Steenhuis
Division of Water Quality
North Carolina Department of Environment,
and Natural Resources
127 Cardinal Drive Ext
Wilmington, NC 28405