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Home My WebLink About20141149 Ver 1_Incomplete Notice from USACE_20151022RECEIVED DEPARTMENT OF THE ARMY N.C, Dept. of ENR WILMINGTON DISTRICT, CORPS OF ENGINEERS _\ 69 DARLINGTON AVENUE f OCT 2 6 2015 " WILMINGTON, NORTH CAROLINA 28403 -1343 pi WINSTON -SALEM REGIONAL OFFICE October 22, 2015 Regulatory Division/1200A Action ID: SAW - 2014 -00657 Mr. John Preyer Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Dear Mr. Preyer: The Corps of Engineers, Wilmington District (Corps) received your Draft Mitigation Banking Instrument for the Upper Cape Fear Umbrella Stream and Wetland Mitigation Bank (Draft UMBI) on September 24, 2015, including a site - specific mitigation plan for Phase 1. Based on a teleconference with Mr. David E. Bailey, Mrs. Jean B. Gibby, Mr. Todd Tugwell, and Ms. Andrea Hughes of the Corps, Mr. Worth Creech of Restoration Systems, LLC (Sponsor), and Mr. Adam Riggsbee of Riverbank Ecosystems, Inc. (agent for Sponsor) on October 20, 2015, as well as follow up telephone conversations between Mr. Bailey and Mr. Riggsbee on October 21, 2015, the Sponsor will revise and resubmit the Draft UMBI and site - specific mitigation plans to the Corps. As such, this document ends the Corps' completeness review of the Draft UMBI pending resubmission in accordance with 33 CFR Part 332.8(d)(6). If we determine the resubmitted Draft UMBI is complete, we will forward the additional copies you provide to the IRT members. In an effort to provide information to assist in this process, we offer the following comments regarding the Draft UMBI and site - specific mitigation plan for Phase 1. Please note that these comments are not comprehensive and others are likely to follow upon receipt of the resubmitted Draft UMBI and subsequent IRT review: 1) Generally, we do not recommend combining all four initially proposed sites into one plan. Some sections of the plan are written more generally to accommodate all four sites; therefore, lacking some site - specific details, which makes for a more difficult review. One critical piece of information needed is a description of each site including the location and size. Discussing site - specific conditions and resources prior to explaining the objectives would avoid an information gap; 9AF 2)— Objectives= One - general- set- of-objectives is- included in- -chart to- cover - li four -sitar . However, the Mitigation Rule states that the objectives should provide a description of the resource types and amounts, method of compensation, and manner in which the resource functions of the mitigation project will address the needs of the watershed, eco- region, physiographic province, or other geographic area of interest. Instead of a general regional location for each mitigation site, please provide an exact location (southeast of the intersection of ...., nearest town, county) and a center point location in decimal - degrees. As stated above, please also provide a brief description of each site including specific impairments. Site - specific objectives should match up to site - specific impairments; 3) Site Selection: This section should include a description of the factors considered during the site selection process including watershed needs, practicability of accomplishing ecologically self - sustaining aquatic resource restoration, etc., at each site. The Mitigation Rule references a more extensive list in Part 332.2 (d), including hydrological conditions, soil characteristics, aquatic habitat diversity, connectivity, water rights, land use, etc. Although these items are listed in the mitigation plan as considerations for site selection, site - specific information is not provided for each consideration. Providing this information for each site allows reviewers to determine the suitability of each site. 4) Site Protection: Site protection should include a description of the legal arrangements and instrument, including site ownership, to be used to ensure long term protection of the site. As such, please provide, at a minimum, ownership information, Conservation Easement (CE) holder information, and a draft copy of the easement template that will be used. The document also states that the Sponsor will hold the CE for the operational life of each bank site; please note that this is not acceptable to the Corps. 5) Mitigation Work Plan: Please specify a construction timeline; i.e. will all four sites be constructed at the same time or individually over a longer time period? 6) Long Term Management Plan: The Corps Wilmington District allows an appropriate CE holder to act as the long term manager. However, the responsibility of the CE holder and the long term manager are substantively different. The CE holder must ensure that the restrictions in the CE are upheld. The long term manager is responsible for long term management of the site. As such, a long term management plan must identify the party responsible for long term management, a list of long term management needs, annual cost estimates for these needs, and identify the funding mechanism that will be used to meet those needs. Any provision necessary for long -term financing (endowment) must be addressed in the instrument. 1192 - 7)-- Financial - Assurances: —E-eh- mitigation plan-should-provide the - method- of-Financ-ial Assurance (FA), the amount (and an accounting list), and a draft copy of the document; i.e., performance bond, insurance plan, letter of credit. Also, please provide name a surety and provide details on how the funds will be directed in the event it becomes necessary to utilize the FA. Please contact me at (919) 554 -4884, extension 30 if I can be of any assistance. Sincerely, ,S�qm avid E. Bailey Regulatory Project Manager Raleigh Regulatory Field Office Copies furnished: Mr. Adam Riggsbee River Bank Ecosystems, Inc. Post Office Box 29921 Austin, Texas 78755 Mr. Grant Lewis Axiom Environmental, Inc. 218 Snow Avenue Raleigh, North Carolina 27603 Todd Bowers USEPA Region - 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, S.W. Atlanta, GA 30303 -8960 Kathy Matthews U.S. Fish & Wildlife Services Raleigh Ecological Services Field Office P.O. Box 33726 Raleigh, North Carolina 27636 -3726 -4- Karen-Higginq North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina, 27699 Sue Homewood 450 W. Hanes Mill Road, Suite 300 Winston - Salem, North Carolina 27105 Virginia Baker North Carolina Division of Water Quality 1617 Mail Service Center Raleigh, North Carolina, 27699 Travis Wilson North Carolina Wildlife Resource Commission 1718 Hwy 56 West Creedmoor, North Carolina 27522 Shari Bryant North Carolina Wildlife Resources Commission 1617 Mail Service Center Raleigh, North Carolina, 27699 Renee Gledhill -Early North Carolina Department of Cultural Resources 4617 Mail Service Center Raleigh, North Carolina 27699 Fritz Rohde National Marine Fisheries Service Habitat Conservation Division — Atlantic Branch 101 Pivers Island Road Beaufort, North Carolina 28516 Doug Huggett Division Coastal Management North Carolina Department of Environment & Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557