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Home My WebLink About20090565 Ver 1_Other Agency Comments_20150212REPLY TO ATTENTION OF DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 December 18, 2014 Regulatory Division Action ID. SAW- 2009 -00832 Weyerhaeuser NR Company Attn: Mr. Scott Dahlquist 33663 Weyerhaeuser Way South Federal Way, Washington 98003 Dear Mr. Dahlquist: a00q o s6S ECEIVE DEC 18 2014 BY: - -- This letter is in response to your October 30, 2014 notification disclosing the name change for the Sponsorship of Bachelors Delight Mitigation Bank (Bank) located within Bachelors Delight Swamp watershed, north of Jacksonville, Onslow County, North Carolina. Your notification, pursuant to Section X(C) of the July 9, 2012 executed Bachelors Delight Mitigation Banking Instrument, stated that the current ownership of the Bank, Weyerhaeuser Real Estate Development Company, will be merging with Weyerhaeuser RN Company (both under Weyerhaeuser Corporation) at the end of 2014. All responsibilities and contact information will remain unchanged. In accordance with your notification and the. ensuing administrative record, enclosed are two blank signature pages associated with the Amendment to the July 9, 2012 executed Mitigation Banking Instrument (MBI) of the Bank to acknowledge and record the merging of Weyerhaeuser Real Estate Development Company with Weyerhaeuser NR Company; and the name change of the Bank sponsorship to Weyerhaeuser NR Company. You should acknowledge that you accept the terms and conditions of the enclosed Amendment to the MBI by signing and dating each copy in the spaces provided (attached). Both signed copies should then be returned to this office for final authorization. A self - addressed envelope is enclosed for your convenience. After the Regulatory Division Chief signs the Amendment, the original copy will be returned to you. The duplicate copy will be permanently retained in this office. As you are aware, the Amendment to the MBI was provided to each member of the Interagency Review Team (IRT) by e -mail dated November 17, 2014. Confirmation on the Amendment has been received by U.S. Fish and Wildlife Service, National Marine Fisheries Service, U.S. Environmental Protection Agency, and North Carolina Wildlife Resource Commission. It is expected that North Carolina Division of Coastal Management North Carolina Division of Water Resources will be providing their confirmation at a later date. -2- Thank you for your time and cooperation. If you have questions, please contact me at the Wilmington Regulatory Field Office, telephone (910) 251 -481 L Enclosures Copies furnished (w /enclosure): Mr. Christian Preziosi Land Management Group, Inc. Post Office Box 2522 Wilmington, North Carolina 28403 Mr. David Ashcraft NC State Natural Resources Foundation, Inc. Campus Box 8010 Room 3060, Biltmore Hall Raleigh, North Carolina 27695 Mr. Glenn Catts Hofmann Forest Liaison College of Natural Resources NCSU 2023 Biltmore Hall, PO Box 8002 Raleigh, North Carolina 27695 Mr. Todd Bowers U.S. Environmental Protection Agency Wetland Section- Region 4 61 Forsyth Street, S.W. Atlanta, Georgia 30303 -8960 Sincerely, Mickey Su , Project Manager Wilmington Regulatory Field Office Weyerhaeuser NR Company Attn: Mr. Taylor Downey Post Office Box 12768 New Bern, North Carolina 28561 Ms. Joanne Steenhuis Wilmington Regional Office NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Cyndi Karoly NC Division of Water Resources Wetlands, Buffers, Stormwater - Compliance & Permitting Unit 1650 Mail Service Center Raleigh, North Carolina 27699 -1650 Ms. Maria Dunn North Carolina Wildlife Resource Commission 943 Washington Square Mall Washington, North Carolina 27889 A Ms. Debbie Wilson, Manager Wilmington Regional Office NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Roy Brownlow Morehead City Regional Office NC Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 Ms. Kathy Matthews U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh North Carolina 27636 -3726 Mr. Fritz Rohde National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Daniel Govoni Morehead City Regional Office NC Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 -3421 -3- AMENDMENT NO. 1 TO THE AGREEMENT TO ESTABLISH THE BACHELORS DELIGHT MITIGATION BANK IN ONSLOW COUNTY NORTH CAROLINA DATED JULY 9 2012 (USACE Action ID No. 2009 - 00832) This AMENDMENT to the Mitigation Banking Instrument (MBI) dated July 9, 2012 is made and entered into on the _ day of , 20 b —, y Weyerhaeuser NR Company (Sponsor), and the U.S. Army Corps of Engineers (USACE), on behalf of the Interagency Review Team (IRT). WHEREAS, the purpose of this Amendment to the MBI is to acknowledge and document the change in Sponsor for the Bachelors Delight Mitigation Bank (Bank). Effective 31 December 2014, Weyerhaeuser Real Estate Development Company, the former Sponsor, merged with its parent company, Weyerhaeuser NR Company, a Washington corporation, by virtue of a Merger Agreement, dated 2014. Weyerhaeuser NR Company is the successor by merger. Evidence of the merger has been filed with the appropriate Government Offices; and WHEREAS, Weyerhaeuser NR Company has acquired all the assets of the former Sponsor by virtue of the above merger; and WHEREAS, Weyerhaeuser NR Company has assumed all obligations and liabilities of the former Sponsor under the MBI and related agreements by virtue of the above merger; and WHEREAS, Weyerhaeuser NR Company is in a position to fully perform all obligations that may exist under the MBI; and WHEREAS, it is consistent with the public interest to recognize Weyerhaeuser NR Company as the successor Sponsor; and THEREFORE, it is mutually agreed among the parties to this agreement that the following provisions are adopted and will be implemented upon signature of this Amendment to the MBI: 1) All terms and conditions of the MBI shall remain unchanged, and are incorporated by reference as though fully set forth herein in their entirety. 2) The Sponsor agrees to be bound by and to perform each requirement and obligation in accordance with the terms and conditions contained in the MBI. 3) The Sponsor ratifies all previous actions taken by the former Sponsor with respect to the duties and obligations under the MBI, with the same force and effect as if the action had been taken by the Sponsor. 4) The IRT recognizes the Sponsor as the Sponsor for all purposes under the MBI. By this Agreement, Sponsor becomes entitled to all rights, title and interests as if the Sponsor were the original Sponsor under the MBI. 5) All notices and required reports shall be sent by regular mail to the Sponsor and its Agent at their respective addresses, provided below: Sponsor: Mr. Scott Dahlquist Weyerhaeuser NR Company 33663 Weyerhaeuser Way S. Federal Way, Washington 98003 Taylor Downey Weyerhaeuser NR Company Post Office Box 12768 New Bern, NC 28561 Sponsor's Agent: Mr. Christian Preziosi Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Mitigation Banking Instrument entitled "Amendment No. I to the Agreement to Establish the Bachelors Delight Mitigation Batik in Onslow County, North Carolina, Dated July 9, 2012 ": Sponsor: ME Scott Dahlquist Weyerhaeuser NR Company U.S. Army Corps of Engineers: : Scott McLendon, Chief Wilmington District Regulatory Division Date: Date: