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Home My WebLink About20070828 Ver 1_USACE Correspondence_20090706-� DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS _ Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889 -1000 IN REPLY REFER TO June 30, 2009 Regulatory Division ORM ID 199606750 / Hidden Lake Mitigation Bank Mr. Doug Lashley GreenVest 726 Second Street, Suite 3B Annapolis, Maryland 21403 Dear Mr. Lashley: OP 9 Qcc�r=an�P JUL 6 2009 DENR - WATER QUALITY WETLANDS AND STORMNATER BRANCH This correspondence is in reference to the letter and attachments I received from Ms. Lauren McKee of GreenVest, entitled GreenVest Mitigation Opportunity Profile (Profile), dated June 15, 2009, regarding your company's efforts to market the Hidden Lake Mitigation Bank (Bank) located off Soundside Road (NCSR 1209), adjacent to the Albemarle Sound, near Newfoundland, in Tyrrell County, North Carolina. This letter also confirms our telephone conversation on June 30, 2009. The purpose of this correspondence is to clarify the status of this Bank and to recommend cessation of the marketing of this project until the following issues are resolved. As discussed, review of the subject marketing Profile revealed many errors: 1. The geographic service area description and map are incorrect. Paragraph 23 of the mitigation banking instrument (MBI) describes the service area as, "...the Albemarle Sound Hydrologic Unit (03010205) in North Carolina south of the center of the Albemarle Sound." As documented by Appendix C of the MBI, the service area does not include the Dare County Outer Banks from north of Duck to Hatteras Inlet. 2. The size of the Bank does not correspond with information contained in the MBI. 3. Restoration work within the Bank has been accepted and monitoring has been allowed to end. However, credits have not been "fully approved ". There are too many loose ends associated with Bank acreage and credit composition to make such a statement. Most importantly, the credits depicted in the Profile do not correspond with information contained in the MBI. 4. The Restoration, Enhancement and Preservation acreages do not correspond with information contained in the MBI. 5. There was no Creation work proposed, nor accepted for this project. 6. There are no "tidal wetlands" associated with this Bank. <4 ; Additionally, reference my correspondence to Dr. Doug Frederick, Bank sponsor, dated June 4;2Q04 (enclosed). As stated, before any credits can be sold from this Bank the following issues must be resolved: 1. The Bank sponsor revealed that the final survey of the Bank properties resulted in slight modifications to the mitigation acreage. Additionally, the Bank sponsors propose to eliminate the Red Cockaded Woodpecker Enhancement Plan and add that acreage to the'Bank's preservation component. These actions are governed by Paragraphs 16, 24 and 25 of the MBI. 2. The addition of the Weyerhaeuser Pump Station Tract to the Bank remains unresolved. This action is governed by Paragraph 31 of the MBI. 3. Credits will -not be available for sale until all Bank properties are preserved and protected in perpetuity. This action is governed by Paragraph 34 of the MBI. As discussed with Ms. McKee on June 10, 2009 and again with you on June 30, the IRT welcomes the re- activation of this Bank. Given the time that has passed since the signing of the MBI and proposed changes to the Bank's acreage and credit structure, and in order to initiate completion of the above, you must submit all proposed MBI modifications to me for appropriate evaluation pursuant to the mitigation regulations (33 CFR Part 332.8(g), Modification of Instruments). All information must be provided to me in both written and electronic format. If necessary, an IRT meeting will be scheduled to further discuss the modifications. Thank you for your time and cooperation. The Wilmington District is committed to providing the highest level of support to the public. To help ensure we continue to do so, please complete the Customer Satisfaction Survey located on our website at http: / /re ug latory.usacesurvey.com /. If you have any questions, please contact me at the Washington Regulatory Field Office, temporary telephone (910) 251 -4595. Enclosure Sincerely, c ( ►" David M. Lekson, P.W.S. Chief, Washington Regulatory Field Office 2 Copies Furnished: Ms. Kathy Matthews United States Environmental Protection Agency Wetlands Regulatory Section Mail Code: E143 -04 Research Triangle Park, North Carolina 27711 Ms. Becky Fox United States Environmental Protection Agency 1349 Firefly Road Whittier, North Carolina 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 Mr. Gary Jordan United States Fish and Wildlife Service Ecological Services - Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636 -3726 Mr. John Dorney North Carolina Department of Environment and Natural Resources Division of Water Quality Mail Service Center 1650 Raleigh, North Carolina 27699 -1650 3 Mr. Eric Kulz North Carolina Department of Environment and Natural Resources Division of Water Quality Mail Service Center 1650 Raleigh, North Carolina 27699 -1650 Ms. Tammy Hill North Carolina Department of Environment and Natural Resources Division of Water Quality Mail Service Center 1650 Raleigh, North Carolina 27699 -1650 Ms. Maria Dunn North Carolina Wildlife Resources Commission 943 Washington Square Mall Washington, North Carolina 27889 Mr. David Cox North Carolina Wildlife Resources Commission 1142 Interstate 85 Service Road Creedmoor, NC 27522 -9159 Mr. Travis Wilson North Carolina Wildlife Resources Commission 1 142 Interstate 85 Service Road Creedmoor, NC 27522 -9159 Mr. Steve Sollod North Carolina Department of Environment and Natural Resources Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 27699 -1638 Dr. Doug Frederick The Triangle Group, Incorporated 1001 Capability Drive Research I — Suite 312, Centennial Campus Raleigh, North Carolina 27606 4