20020492 Ver 1_Other Agency Comments_20081106

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
November 4, 2008
IN REPLY REFER TO
Regulatory Division/1145b
Action ID. 200220840
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Mr. Ed Samanns
Manager, Wetland Resources
The Louis Berger Group, Inc.
30A Vreeland Road
Florham Park, New Jersey 07932
Dear Mr. Samanns:
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WE L?, ?JS ANO STI) WATER PRA.NCH
This correspondence is in reference to the Louis Berger Mitigation Bank, Homestead and
Second Creek Sites, which you have developed. The Homestead Creek site is on the southeast
side of Third Creek, and the Second Creek site is on the northwest side of Second Creek, both
north of US 70 in Rowan County, North Carolina. The purpose of this letter is to confirm the
release of credits from this Bank based on the Year 4 monitoring.
Pursuant to the Mitigation Banking Instrument (MBI) entitled, "Louis Berger. Wetland Bank"
dated July 2003, fifteen percent (15%) of the Bank's total wetland mitigation credits, and ten
percent (10%) of the Bank's total stream mitigation credits, shall be available for sale at the end
of monitoring year 4. The MBI states that the credit release schedule. applies only. to the extent
the Sponsor (Berger) documents acceptable hydrology, survival and growth of planted
vegetation, and assumes that the streams are stable.
Based on the January 2008 Year 4 Monitoring Report, the Mitigation Bank Review Team's
(MBRT) April 10, 2008 field inspection of the sites, you have partially satisfied the above
requirements for Year 4, as follows:
a. The Homestead Site wetlands had acceptable overall survival density and hydrology.
b. The Second Creek Site wetlands had acceptable overall survival density and hydrology.
The Homestead Site stream had acceptable overall survival and stability; however, the
stream is still demonstrating biological intermittent stream characteristics, rather than
perennial characteristics, based on the invertebrate sampling at the April 10, 2008 field
inspection.
d. The Second Creek Site stream had acceptable overall survival and stability; however, the
stream is still demonstrating biological perennial stream characteristics in only
approximately the upper one-half of the stream; the lower one-half is demonstrating
biological characteristics of a ponded system, based on the invertebrate sampling in the
April 10, 2008 field inspection.
Based on the data above, the MBRT has concurred with release of the mitigation credits as
follows:
a. Homestead wetlands: 100% of the credits for Year 4 (2.5 credits), for a cumulative total
of 9.8 (The site met the hydrology and vegetation criteria and appears to be doing well):
2.5 credits.
b. Second Creek wetlands: 100% of the credits for Year 4 (2.3 credits), for a cumulative
total of 9.1 credits: 2.3 credits.
c. Homestead stream: 100% of the credits for Year 4 (250 linear feet (If)), for a cumulative
total of 1,875 If, with a caveat that all of the Homestead stream credits shall be used to
mitigate only for intermittent stream impacts that require mitigation (The site is
demonstrating biological intermittent stream characteristics): 2501f.
d. Second Creek stream: No additional credit release (Over one-half of the available credits
for Monitoring Year 4 have already been released: 1,350 of 2,2501f, the site is
demonstrating biological perennial stream characteristics in -50 percent of the stream
channel length): 01£
By copy of this correspondence, we. confirm that 4.8 credits of the Bank's total,wetland
mitigation credits, and 3,225 if of the Bank's total stream mitigation credits, are now available
for sale.
Thank you for your time and cooperation. If you have any questions, please contact
me at telephone [phone], extension 23.
Sincerely,
Eric C. Alsmeye
Regulatory Project Manager
Raleigh Field Office
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Copies Furnished:
Ms. Marla Chambers
North Carolina Wildlife Resources Commission
12275 Swift Road
Oakboro, North Carolina 28129
Ms. Marella Buncick
U.S. Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, North Carolina 28801-1038
Ms. Kathy Matthews
USEPA
109 T.W. Alexander Drive
Durham, NC 27711
MAIL CODE: N176-01
Mr. Eric Kulz
NC DENR/Division of Water Quality
Wetlands/401 Water Quality Certification Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. William D. Gilmore, P.E.
Division of Ecosystem Enhancement
North Carolina Department of Environment and Natural Resources
1652 Mail Service Center
Raleigh, North Carolina 27699-1652
Mr. Michael O'Rourke
Louis Berger and Associates
1513 Walnut Street
Cary, North Carolina 27511
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