20211669 Ver 1_Intent to Approve/Clearwater Neuse 01 UMBI & Lowlands Mitigation Site

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All,

Clearwater Mitigation Solutions, LLC (Sponsor) has submitted the final Clearwater Neuse 01 Umbrella Mitigation Banking Instrument and the Lowlands Site Final Mitigation Plan. The sponsor’s
response to IRT comments is included with the final mitigation plan. These documents were received by our office on September 7, 2023, and are available for download on the RIBITS
site (please log on to RIBITS and navigate to the Lowlands Bank Cyber Repository): https://ribits.ops.usace.army.mil/ords/f?p=107:278:12249024737244::::P278_BANK_ID:5848 If you would
prefer to receive a hard copy of the UMBI and Final Mitigation Plan please contact me so that I can arrange to have one delivered.

We have evaluated the comments generated during the review period for the UMBI and Draft Mitigation Plan as well as the responses from the bank sponsor (included with the final plan),
and determined that all issues have been adequately addressed. Accordingly, it is our intent to approve the Umbrella Banking Instrument and Lowlands Site Final Mitigation Plan for
this bank unless a member of the NCIRT initiates the Dispute Resolution Process, as described in the Final Mitigation Rule (33 CFR Section 332.8(e)). Please note that initiation of
this process requires that a senior official of the agency objecting to the approval of the mitigation plan or Umbrella Banking Instrument notify the District Engineer by letter within
15 days of this email (by COB on October 18, 2023). Please notify me if you intend to initiate the Dispute Resolution Process. Provided that we do not receive any objections, we will
provide an approval letter and signed UMBI to Clearwater Mitigation Solutions, LLC following the conclusion of the 15-day Dispute Resolution window. All NCIRT members will receive
a copy of this letter for your records.

Please note that this bank has already been constructed, and therefore does not requires additional nationwide permit approval for construction.

Thank you for your participation in this process and please contact me if you have any questions.

Todd Tugwell

Chief, Mitigation Branch

Regulatory Division

Wilmington District, USACE

[phone]

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