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HomeMy WebLinkAbout20081236 Ver 1_USACE Correspondence_20110815 08- ia3t_p IN REPLY REFER TO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 August 11, 2011 Regulatory Division ?. L(- Action ID SAW-2011-00850 / Proposed North Carolina Global TransPark Mitigation Bank Mr. Ron Ferrell Atkins North America, Incorporated 1616 East Millbrook Road, Suite 310 Raleigh, North Carolina 27609-4968 JR@@flW'0 AEG D 1 5 2011 Dear Mr. Ferrell: DENR WATERCI WETLMOS'00STOR UAli1Y On June 16, 2011 this office received a copy of the prospectus for the proposeT1,%NCH Carolina Global TransPark Mitigation Bank (Bank) that is being developed by Atkins North America, Mid-Atlantic Sciences (Atkins) on behalf of the North Carolina Global TransPark Authority (NCGTPA). The proposed Bank will be comprised of three sites that include approximately 4,600 acres of wetland and stream restoration, enhancement and preservation. All of the Bank properties are located within the Lower Neuse River Basin HUC 03020202, in Craven and Lenoir Counties, North Carolina. Accordingly, I forwarded the prospectus the North Carolina Interagency Review Team (NCIRT) for review and comment, and issued a public notice announcing the proposed Bank on June 29, 2011. This correspondence also confirms our telephone conversation on August 10, 2011. After review of the draft prospectus, the North Carolina Wildlife Resources Commission (NCWRC) provided comments via email dated July 25, 2011 (attached). The NCWRC requested additional justification for your proposed expansion of the geographical service area for the Bank into an adjacent HUC. The NCWRC also recommended that a third party hold the conservation easement for the Stonyton Creek portion of the Bank. As discussed, the Corps shares these concerns. I also received a letter from an adjacent property owner who requests that no work be done on her property and that the other nine persons who share the property be notified of the proposed Bank (attached). It is Department of the Army (DA) policy to provide a project proponent the opportunity to furnish a proposed resolution or rebuttal to all comments and/or objections from the public and government agencies before a final decision is made. In this regard, please provide any comments that you have on this matter as soon as possible. As discussed, I presented an overview of your proposed Bank to the NCIRT at its August 9, 2011 meeting. The State NCIRT agencies were concerned that the new North Carolina Session Law 2011-343 may limit the viability of this proposed Bank. This potential conflict also concerns the federal NCIRT agencies. Accordingly, please provide written interpretation of how this law may, or may not affect the establishment of the subject Bank. Additionally, we also discussed the Corps' concerns relating to how the establishment of this Bank may affect the existing DA permit governing impacts to federal jurisdiction associated with development of the North Carolina Global TransPark. These important issues must be resolved before establishment of this Bank may move forward. Thank you for your time and cooperation. 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 our website at hLtp://reizulatoly.usacesurvey.com/. If you have any questions, please call me at the Washington Regulatory Field Office, telephone (910) 251-4627. Sincerely, 4::?-,?Ko'cjy w"at-, Tracey L. Wheeler Regulatory Project Manager Enclosures Copy Furnished (with enclosures): Ms. Darlene Waddell, CPA Executive Director North Carolina Global Transpark Authority 2780 Jet port Road, Suite A Kinston, North Carolina 28504 Copies Furnished (without enclosures): Ms. Becky Fox U.S. Environmental Protection Agency 1307 Firefly Road Whittier, North Carolina 28789 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division 2 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. John Ellis United States Fish and Wildlife Service Ecological Services Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Travis Wilson North Carolina Wildlife Resources Commission 1142 I-85 Service Road Creedmoor, North Carolina 27522 Mr. John Dorney Division of Water Quality North Carolina Department of Environment and Natural Resources Mail Service Center 1650 Raleigh, North Carolina 27699-1650 Mr. Steve Sollod Division of Coastal Management North Carolina Department of Environment and Natural Resources 1638 Mail Service Center Raleigh, NC 27699-1638 3