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HomeMy WebLinkAboutDM CF02 UMBI_Dutch Farms Mitigation Site_ Approval Letter SAW-2021-01071DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Regulatory Division Action ID No. SAW-2021-01071 December 16, 2022 Re: NCIRT Review and USACE Approval of the DM Cape Fear 02 Umbrella Mitigation Banking Instrument / Dutch Farms Mitigation Project/ Guilford County Mr. T.J. Mascia Davey Resource Group, Inc. 9207 Cragmont Dr. Henrico, VA 23229 Dear Mr. Mascia: This letter is to inform you that the Wilmington District, Corps of Engineers (Corps) has reviewed and approved the Davey Mitigation Cape Fear 02 Umbrella Mitigation Banking Instrument (UMBI) and Dutch Farms Mitigation Project Final Mitigation Plan, dated November 2022. In addition, the Corps has issued a Nationwide Permit 27 (NWP 27) verification letter authorizing work in waters of the United States associated with restoration of aquatic resources on the mitigation bank site. As bank sponsor you are required to comply with the approved Cape Fear 02 UMBI and Dutch Farms Mitigation Project Final Mitigation Plan, the terms and conditions of your NWP 27 verification letter, and the Corps' regulations regarding compensatory mitigation (33 CFR 332). The bank sponsor accepts all risk, liability, and responsibility for the success of all mitigation activities associated with the approved mitigation bank site. In accordance with the Dutch Farms Mitigation Project Final Mitigation Plan, the bank sponsor must prepare and submit annual monitoring reports to document whether the stream (5,784.5 linear feet) and wetland (2.62 acres) restoration on the project site meets the necessary interim and final performance standards. When credits are debited from the mitigation site, the bank sponsor must provide the Corps with signed Mitigation Responsibility Transfer Form identifying the purchaser of the credits, the project name, the permit number, and the number and type of credits to be debited, along with an updated credit ledger. When all 5,402.1 stream mitigation units (SMUs)] and 2.19 wetland mitigation units (WMUs) credits have been debited, no more credits may be sold from this mitigation site. The next phase in the establishment of the DM Cape Fear 02 UMBI, Dutch Farms Mitigation Project, includes recording the conservation easement to protect the mitigation site, marking the boundary of the site with permanent signs, and executing the necessary financial assurances. Once the conservation easement has been recorded and this office is in receipt of the required executed financial assurance documents, the Corps will be in a position to approve an initial credit release for fifteen percent (15%) of the total stream restoration mitigation credits. We look forward to working with you to ensure the Dutch Farms Mitigation Project complies with the requirements of the approved UMBI and site -specific mitigation plan. In all future correspondence concerning this matter, please refer to our file number, SAW-2021-01071. If you have any questions regarding this letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please contact Ms. Casey Haywood by email at Casey.M.Haywood(cr�,usace.army.mil. Sincerely, - �-." � �_N � �- � Todd Tugwell Chief, Mitigation Branch Regulatory Division Enclosures Electronic Copies Furnished: NCIRT Distribution List Brad Breslow, Davey Resource Group, Inc. Ben Furr, Davey Resource Group, Inc.