20131200 Ver 4_Corps of Engineer Correspondence|_20160810

Burdette, Jennifer a
From: Kichefski, Steven L SAW <Steven. L.Kichefski @usace.army.miI>
Sent: Wednesday, August 10, 2016 11:46 PM
To: Rebekah Newton ([e-mail]); Clement Riddle
Cc: Burdette, Jennifer a; Pruitt, Carl E SAW
Subject: TIEC mitigation
Rebekah/Clement,
After reviewing the draft mitigation plan for the Harmon Dairy Stream Mitigation Project, received on June 14,
2016 we have the following comments:
1) As of the last communication between Mr. Carl Pruitt of the Corps of Engineers and the applicant's attorney,
Billy Clarke, regarding coordination of the proposed Conservation Easement, one final requested provision has
yet to be agreed upon. Final agreement upon the conservation easement with Mr. Pruitt is needed prior to
acceptance of the final mitigation plan.
2) As part of the final mitigation plan, provide a more detailed description of financial assurances and long term
management funds that will be provided and justification as to how they are sufficient to ensure a high level of
confidence that the mitigation project will be successfully completed, in accordance with its performance
standards. This should abide by RGL 05-1 and consider appropriate estimates for the construction, monitoring,
contingency, etc. that will be required to remediate the site according to the final approved plan. The mitigation
rule speaks directly to assurance timing and release. With respect to timing in the case of permittee -responsible
mitigation projects, the rule states, "If financial assurances are required, the permit must include a special
condition requiring the financial assurances to be in place before commencing the permitted activity." [33 CFR
332.3(n)(3)].
3) To ensure an appropriate diversity of planted species within the buffer, no more that 20% of any single
woody species should be planted as part of the re -vegetation plan for the project.
Feel free to contact me with any questions related to our comments on the mitigation plan.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 234
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