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Home My WebLink About20010606 Ver 1_Other Agency Comments_20120320DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS O ` 151 PATTON AVENUE ROOM 208 ASHEVILLE, NORTH CAROLINA 28801 -5006 REPLY TO ATTENTION OF March 20, 2012 (Iqq Regulatory Division Action ID SAW- 2012 -00468 Mr Jarrod Karl Mitigation Administrator City of Charlotte Storm Water Services 600 East Fourth Street Charlotte, North Carolina 28202 Dear Mr Karl Please reference the previously approved Mitigation Banking Instrument (MBI) entitled, "Agreement to Establish the City of Charlotte, Umbrella Stream and Wetland Mitigation Bank in Mecklenburg County" and subsequent proposed revisions that have occurred during Interagency Review Team (IRT) meetings Our office has been reviewing and providing comment on proposed revisions to the MBI for the last several months and would like to clarify some remaining issues that need to be addressed before a Public Notice can be issued for the revised MBI The new agreement proposes several changes, many of which will allow the new instrument to be in compliance with the 2008 final mitigation rule entitled Compensatory Mitigation for Losses ofAquatic Resources (33 CFR Parts 325 and 332) It also incorporates guidance and standard operating procedures that have been implemented in the Wilmington District since the MBI was originally signed One mayor change proposed,is that the bank will now be available to any governmental and non - governmental entities that are seeking mitigation credit in your service area The previous agreement only allowed the bank to provide mitigation credit for City of Charlotte and Mecklenburg County public protects located within the jurisdictional limits of Mecklenburg County We understand the need for this change, however, the financial assurances currently in place will not be adequate in the event the bank is made available to non - governmental entities There are several situations that financial assurances would need to be provided to include construction and monitoring of the individual bank sites prior to site close -out, long -term management of site once it is considered successful and closed -out, and assurances in place in the event that a mitigation site is adversely affected by future unavoidable impacts There are several types of financial assurances options that we have discussed to date to include performance bonds, insurance policies, and endowments that would be considered acceptable - 2 - Please reference the recent white paper from the Institute for Water Resources, U S Army Corps of Engineers titled Implementing Financial Assurance for Mitigation Project Success (June 2011) for more details on acceptable financial assurances Before we can continue our review and issue a Public Notice for the revised instrument, information should be submitted to our office on what type of financial assurances that the City of Charlotte can provide to ensure the current and continued long -term success and protection of the bank's compensatory mitigation projects We appreciate your continued effort on these revisions and please call Ms Amanda Jones at (828) 271 -7980 extension 231 if you have any questions Sincerely, Scott Jones, PPW�S Chief, Asheville Regulatory Field Office Copies Furnished Mr Eric Kulz North Carolina Division of Water Quality 401 Oversight and Express Permitting Unit Mail Service Center 1650 Raleigh, North Carolina 27699 -1650 Mr Alan Johnson North Carolina Division of Water Quality Mooresville Regional Office 610 East Center Avenue, Suite 301 Mooresville, North Carolina 28801 Mr Jeffrey Garnett Wetlands and Marine Regulatory Section Water Protection Div - Region IV U S Environmental Protection Agency, 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr Bryan Tompkins U S Fish & Wildlife Service 160 Zillicoa Street Asheville, North Carolina 28801 - 3 - Ms Shan Bryant North Carolina Wildlife Resources Commission Post Office Box 129 Sedalia, North Carolina 27342 -0129