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HomeMy WebLinkAbout20040325 Ver 2_Other Agency Comments_20120320REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON NORTH CAROLINA 28403 1343 March 19 2012 Regulatory Division Action ID No SAW 2009 00189 Southern Produce Distributors Inc c/o Mr Stewart Precythe Post Office Box 130 Faison North Carolina 28341 Dear Mr Precythe o� A�,CSFiyr 'N' y o ff - 0 3 as Tlus letter serves to confirm our evaluation of the January 2012 Year 1 monitoring report for the Barra Farms II Mitigation Bank Section One (Bank Section One) located in Harrison Creek Bay wetland complex off Highway 53 near Cedar Creek Community Cumberland County North Carolina Also please reference the approved July 2010 mitigation plan and the February 22 2011 execution of the Mitigation Bank Instrument (MBI) for tlus established bank In review of the first year monitoring report for Section One of the bank our office agrees that the bank has met the success criteria for vegetation However there are some changes concerning vegetative data in the report that need to be made prior to the submittal of future reports Understanding that this is the first year please ensure that the success criteria 43 in the July 2010 mitigation plan pertaining to volunteer species composition and height comparisons, is included The STEMS COUNT BY YEAR table in Appendix B should be either combined with Table 2 or shown separately in the body of the report as it relates directly with the performance standards for percentage composition For the data sheets in Appendix B change the following 1) include all volunteer species in each plot i e red maple species that are show in Table 2A and 2) exclude volunteer counts in the last column for they are not counted toward success criteria at this time Upon evaluating the monitoring well results we concur that (5) of the (7) wells met the established success criteria for hydrology But, please note that the report incorrectly defined the growing season in the performance standards and reference should be made to Section 7 0(A) in the July 2010 mitigation plan for the approved success criteria This correction must be made for future submittals in order to determine hydrology performance Our office is fully aware of the long periods of abnormally low rainfall conditions in 2011 but we cannot conclusively determine that the shortfalls in Wells #1 and #5 were due to these conditions For Task 3 0 in Table 5 of 0a the MBI you are eligible for 10% (or 8 0) mitigation credits in Bank Section One for fulfilling all success criteria in the first year With the two wells failing to meet the standards our office agrees to release 8% (or 6 4) credits for compensatory mitigation To date this brings the total released to 30 6 mitigation credits The withheld 2% (or 16 credits) will be reevaluated for release upon the review of the 2012 monitoring report Our intentions of withholding credits are to ensure the long term sustamability of the site is meeting its goals and objections as a compensatory mitigation bank Please be reminded of your obligations pursuant to the February 22 2011 Mitigation Banking Instrument (MBI), and to continue maintenance inspections of the armored ditch plugs and check dams within 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 the Wilmington Regulatory Field Office telephone (910) 251 4811 Copies Furnished Mr Christian Preziosi Land Management Group, Inc Post Office Box 2522 Wilmington North Carolina 28402 Mr Pete Benjamin U S Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh North Carolina 27636 3726 Mr Ian McMillan North Carolina Department of Environment and Natural Resources Webscape Unit 1650 Mail Service Center Raleigh North Carolina 27699 1650 Sincerely Mickey ugg, Project Manager Wilmington Regulatory Division Mr Jeffrey Garnett United States Environmental Protection Agency Region 4 61 Forsyth Street S W Atlanta Georgia 30303 8960 Mr Steve Sollod North Carolina Division of Coastal Management 1638 Mail Service Center Raleigh North Carolina 27699 1638 Mr Ron Sechler National Marine Fisheries Service Pivers Island Beaufort North Carolina 28516 Ms Molly Ellwood North Carolina Wildlife Resources Commission 127 Cardinal Drive Extension Wilmington North Carolina 28405 Mr Travis Wilson North Carolina Wildlife Resource Commission 1142 185 Service Road Creedmor, North Carolina 27522 Mr Mike Wicker U S Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh North Carolina 27636 3726