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Home My WebLink About20070747 Ver 1_Other Agency Comments_20080819IN REPLY REFER TO Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office P.O. Box 1000 Washington, North Carolina 27889-1000 August 14, 2008 01-0-197 ORM ID SAW-1999-11312 / Flat Swamp Mitigation Bank - Phase II Plan Review 1f 11 9e.g 6?r ? ! Mr. Doug Lashley, President"- GreenV est A J G 1 ° 200R 726 Second Street, Suite 3B Annapolis, Ma land 21403 uEN!Q - VArE QUAL; VY rJEfL4;3 fiMD87.9R. v?.X' 7 ER E.'•Rtti,NGH Dear Mr. Lashley: This correspondence is in reference to the Flat Swamp Mitigation Bank (Bank) that you and Dr. Doug Frederick are developing on a 386 acre tract of land located off of Dover Road, near the community of Dover, adjacent to Flat Swamp, in Craven County, North Carolina. The purpose of this letter is to provide you with Interagency Review Team (IRT) comments on your document entitled, The Flat Swamp Mitigation Bank, Draft Phase II - Preliminary,Mitigation Plan, Riparian Headwater Stream System Restoration in the Coastal Plain, Craven County, North Carolina, dated June 2008. Attached, please find written comments provided by the U.S. Environmental Protection Agency (USEPA) and the N.C. Division of Water Quality (NCDWQ). Additionally, my review of the subject plan revealed that it is a conceptual document. Although it may have merit, there is not enough specific information in the subject plan for the IRT to approve commencement of construction. Additionally, issues related to the jurisdictional determination and permitting must be addressed prior to moving forward because they may affect the final plan. I am also concerned that it appears that many of the main factors of failure have not been considered in this plan. Additionally, many of the concerns raised by Mr. Scott Jones of my staff on an earlier draft of the Phase H plan have not been addressed. As discussed in great deal with Dr. Frederick over the years, a final mitigation plan must present specific, measurable and attainable success criteria and monitoring protocols. Given the conceptual nature of this plan, the fact that the site is located within a headwaters landscape position where the line between a wetland and a zero-order stream is very tenuous, as well as the fact that the success of Phase lI is so closely tied to the success of Phase I and vice versa, I strongly recommend that you present a final mitigation plan that encompasses the entire site (both "Phase P" and "Phase II" together). Additionally, the Phase I plan was developed nearly ten (10) years ago and much has been learned about developing complex sites that contain both wetland and stream features. This will also serve to alleviate many of the concerns expressed by the USEPA and NCDWQ. -2- You have stated that you intend to modify the mitigation banking instrument (MBI) for this Bank. Given the above, as well as the complexity of what you are proposing and the many changes to critical threshold issues within the MBI that must be made, it may be most expeditious for all involved to schedule an IRT meeting to discuss these matters. Accordingly, please contact me to confirm your interest in scheduling an IRT meeting. Thank you for your time and cooperation. If you have any questions, please contact me at the Washington Regulatory Field Office, telephone (252) 975-1616, extension 22. Sincerely, David M. Lekson, P.W.S. Chief, Washington Regulatory Field Office Enclosures Copies Furnished (without enclosure): Ms. Kathy Matthews United States Environmental Protection Agency Wetlands Regulatory Section Mail Code: E143-04 Research Triangle Park, North Carolina 27711 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 Mr. Howard Hall United States Fish and Wildlife Service Ecological Services - Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 -3- Ms. Maria Dunn, N.E. Permits Coordinator North Carolina Wildlife Resources Commission 943 Washington Square Mall Washington, North Carolina 27889 Mr. Eric Kulz, Stream and Buffer Mitigation Review Coordinator North Carolina Department of Environment and Natural Resources Division of Water Quality - Wetlands and Stormwater Branch Mail Service Center 1650 Raleigh, North Carolina 27699-1650 Dr. Douglas J. Frederick Department of Forestry College of Natural Resources Campus Box 8008, 3128 Jordan Hall North Carolina State University Raleigh, North Carolina 27695-8008