20190603 Ver 2_Mitigation Evaluation_20210216

Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (USA)
<[e-mail]>
Sent: Tuesday, February 16, 2021 11:22 AM
To: Davis, Erin B; Wilson, Travis W.; Dunn, Maria T.; [e-mail]; Bowers,
Todd; Haywood, Casey M CIV (USA)
Cc: Barnes, Kyle W CIV USARMY CESAW (US); Tugwell, Todd J CIV USARMY CESAW (US)
Subject: [External] Wildlands Pasquotank UMBI- Folly Swamp Mitigation Site/
SAW-2018-02026
Attachments: SAW-2018-02026 Folly Swamp Feb 12_2021 Evaluation Ltr.pdf
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I RT,
Todd, Kyle and I discussed our concerns regarding the Drainage District with our Office of Council and
concluded that the use of the DID is in conflict with a compensatory mitigation bank easement. Please find
attached the project evaluation letter. Please reach out to Kyle or the Mitigation Office if you have questions.
Thanks
Kim
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
-----Original Message -----
From: Barnes, Kyle W CIV USARMY CESAW (US) <[e-mail]>
Sent: Friday, February 12, 2021 5:14 PM
To: Chris Roessler <[e-mail]>; John Hutton <[e-mail]>
Cc: Tugwell, Todd J CIV USARMY CESAW (USA)<[e-mail]>; Browning, Kimberly D CIV
USARMY CESAW (USA) <[e-mail]>
Subject: Folly Swamp Feb 12_2021 Evaluation
Chris,
Attached is the US Army Corps of Engineers evaluation letter regarding the Pasquotank Umbrella Mitigation
Bank use of the Folly Swamp Ditch. Unless you request a hard copy the attached electronic is your official
copy. Please feel free to contact me if you have any questions.

Kyle Barnes
Regulatory Project Manager
US Army Corps of Engineers
Wilmington District
Washington Field Office
We at the U.S. Army Corps of Engineers Regulatory Branch are committed to improving service to our
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T£O STATES OF N��¢
Regulatory Division
Action ID: SAW-2018-02026
Mr. Chris Roessler
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
2407 W 5' Street
Washington, North Carolina 27889
Wildlands Engineering, Inc.
312 West Millbrook Road, Suite 225
Raleigh, North Carolina 27609
Dear Mr. Roessler:
February 12, 2021
This correspondence is in reference to the proposed compensatory mitigation bank known
as Pasquotank Umbrella Mitigation Bank (Bank). The Bank consists of five sites totaling 47
acres all flowing to Folly Swamp. The sites are located approximately four miles north of the
town of Sunbury on NC 32 in Gates County, North Carolina. The sites are located on named and
unnamed tributaries within the Pasquotank River Basin (HUC 03010205). This correspondence
refers to comments received in response to Interagency Review Team (IRT) reviews of your
prospectus and draft umbrella mitigation banking instrument and your responses.
After review of your response and subsequent topics discussed during a December 18,
2020 teleconference the US Army Corps of Engineers (Corps) still has concern with portions of
this project moving forward. As discussed in the IRT response letter and the December 181h
meeting the portion of the project that encompasses modifications to Folly Swamp carry
complications. The Corps has determined that there are conflicts between the use of the Drainage
District and the proposed compensatory mitigation bank that cannot be resolved. It is the Corps'
decision that the segments of Folly Swamp Drainage District should be removed from the
project. Unforeseen issues with the project involving an unknown number of land users that may
not be aware or agree with the mitigation project, easements, and conflicts within the 1959 letter
from the Soil Conservation Service that allowed the Folly Swamp project to be constructed and
maintained leaves the Corps in a position where a permit could not be issued. There are still
concerns that the remaining reaches proposed for Priority 2 restoration of the project will provide
limited functional uplift.

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Accordingly, if you would still like to pursue this bank site, we request that you modify the
project and submit a revised draft umbrella mitigation banking instrument (UMBI) as directed by
33 CFR Part 332.8 (d)(6), Draft Instrument and finalization of your mitigation plan. If it's
Wildlands' decision not to pursue this bank site any longer, please notify us so that we may
update the bank status to reflect that it has been withdrawn. Thank you for your time and
cooperation. If you have any questions, please contact me at the Washington Regulatory Field
Office, telephone [phone].
Sincerely,
Kyle Barnes, Project Manager
Washington Regulatory Field Office
Copies Furnished:
Mr. Todd Bowers
Wetlands Section - Region IV Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mrs. Kathy Matthews
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
Rogers Lake Depot
1718 NC Hwy 56, Room 121
Creedmoor, North Carolina27522
Ms. Erin Davis
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1617 Mail Service Center
Raleigh, North Carolina 27699-1650

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Ms. Renee Gledhill -Earley
Environmental Review Coordinator
State Historic Preservation Office
North Carolina Department of Natural
And Cultural Resources
4617 Mail Service Center
Raleigh, North Carolina 27699-4617
Ms. Twyla Cheatwood
National Marine Fisheries Service
101 Pivers Island Road
Beaufort, NC 28516
Wilmington District Mitigation Office
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587