20040895 Ver 1_Other Agency Comments_20081203

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IN REPLY REFER TO
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
Washington Regulatory Field Office
P.O. Box 1000
Washington, North Carolina 27889-1000
December 1, 2008
Regulatory Division
Action ID No. 200310795 / Neu-Con Umbrella Wetland Mitigation Bank, Nahunta
Mr. Norton Webster
Environmental Banc and Exchange, L.L.C.
Project Manager
909 Capability Drive, Suite 3100
Raleigh, North Carolina 27606
Dear Mr. Webster:
DEC 3 2008
DENR - WATER QUALITY
Y&TLANDS AND STORMWIATER BRANCH
This correspondence confirms my receipt of your third year monitoring report on June 6,
2008, and my response regarding the status of available mitigation credits at the Nahunta
Mitigation Bank you are developing located along Nahunta Swamp, northeast of Goldsboro on
SR 1534, in Wayne County, North Carolina. The purpose of this letter is to confirm the status of
mitigation credits available from this Bank.
Based upon review of the annual monitoring report for 2007 (year 3), we have determined
that wetland hydrological success criteria has not been met for large portions of the site. The
success criteria for stream restoration appear to have been met in monitoring year 3.
The U.S. Army Corps of Engineers, U.S. Environmental Protection Agency, and North
Carolina Division of Water Quality have concluded that large portions of the site have not met
the hydrological success criteria as determined by the Site Specific Mitigation Plan and therefore
the bank sponsor should not be given credit for such. Additionally, there are questions whether
or not some areas would meet wetland jurisdictional status.
By copy of this correspondence, we are not releasing any additional wetland credits beyond
what has already been released for this site. However, based upon review of the stream
information in the 2007 report; 4,867 linear feet of stream credits constituting 45% of the banks
stream restoration credits are being released and are now available for sale.
It is imperative that we resolve the issues concerning this site prior to the release of additional
wetland credits. It is recommended that the bank sponsor request an on-site meeting of the
MBRT to discuss the issues and possibly recommend a course of action. It would be desirable to
have all MBRT members present for this meeting to discuss possible resolutions.
Thank you for your time and cooperation. If you have any questions, please contact me at the
Washington Regulatory Field Office, telephone [phone], extension 31.
Sincerely,
ti,? Wu,017w,s,
William Wescott, PWS
Regulatory Project Manager
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Copies Furnished:
Mr. Gary Jordan
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Kathy Matthews
U.S. Environmental Protection Agency
3112 Avondale Court
Raleigh, North Carolina 27613
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
Mr. George Kelly
Environmental Banc & Exchange, L.L.C.
10055 Red Run Boulevard, Suite 130
Owings Mills, Maryland 21117-4860
Mr. Travis Wilson
NC Wildlife Resources Commission
Habitat Conversation Program
1142 I-85 Service Road
Creedmoor, North Carolina 27522