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Home My WebLink About20081236 Ver 1_USACE Correspondence_20090209v8-12 3 IN REPLY REFER TO DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS Washington Regulatory Field Office Post Office Box 1000 Washington, North Carolina 27889-1000 February 5, 2009 Regulatory Division ORM ID SAW-2008-02311 Ms. Darlene Waddell North Carolina Global TransPark Authority 2780 Jetport Road, Suite A Kinston, North Carolina 28504 Dear Ms. Waddell: FEB 9 D 2009 DENR - WATER Q?ITy ?l1ANDS AND STORMWATj? BRANCH Please reference your correspondence dated August 26, 2008 requesting modification of the approved mitigation plan (Plan) dated January 1997 associated with the Department of the Army permit originally issued to the North Carolina Global TransPark Authority (NCGTPA) (ORM ID SAW-1992-02851) for development of the facility adjacent to Stoneyton Creek, near Kinston, in Lenoir County, North Carolina. The original Plan, to be accomplished in two phases, included approximately 4,600 acres of restoration, enhancement and preservation work. Phase I of the Plan involved 3,500 acres including restoration of the 3,100 acre Dover Bay site and stream restoration and floodplain restoration involving 365 acres in the Stonyton Creek system. Phase II of the Plan included enhancement and preservation of 1,100 acres of wetlands and wildlife corridors in the vicinity of the TransPark. Phase I of the plan has been completed, however, due to challenges relating to land acquisition, you have been unable to execute Phase II. Consequently, you are requesting that we consider an alternative site to meet the Phase II mitigation requirements. The site you propose is a 1,100 acre property located adjacent to the Neuse River in central Craven County and referred to as the Frog Hollow tract. This property is located within the same hydrologic unit as the TransPark project and is located adjacent to an existing 2,650 acre North Carolina Coastal Land Trust holding. The Frog Hollow property will provide similar habitat and water quality functions as required by the original Phase II Plan. This correspondence also confirms our receipt of the draft conservation easement for the Frog Hollow conservation area which we received via email on January 8, 2009. Additionally, on January 13, 2009 we received a copy of the survey entitled, Conservation Easement Survey for Restoration Systems, LLC Frog Hollow Project, dated October 21, 2008, and signed by John Rudolph depicting the proposed conservation area. Based upon our review of these documents, the following revisions must be made: 1. Article II Prohibited and Restricted Activities Part E Disturbance of Plants. Part E must be rewritten to state: There shall be no cutting or removal of trees, shrubs or other vegetationwithin the Easement Area except 1) as approved by the Corps or pursuant to a management plan approved by the Corps; and (2) prudent actions taken in good faith by Grantor, Grantee, the Corps and/or public authorities under emergency conditions (including fire, flood, storm, war, or acts of God) to prevent, abate, or mitigate significant injury to life, damage to property or the Easement Area. 2. Article VI., Miscellaneous, Part C. Assignment. Part C must be rewritten to state: The parties recognize and agree that the benefits of this Conservation Easement are in gross and assignable; provided, however that the Grantee hereby covenants and agrees, that in the event it transfers or assigns this Conservation Easement, the organization receiving the interest will be a qualified holder under N. C. Gen. Stat. § 121-34 et seq. and § 170(h) of the Internal Revenue Code, and the Grantee further covenants and agrees that the terms of the transfer or assignment will be such that the transferee or assignee will be required to continue in perpetuity the conservation purposes described in this document. 3. The subject conservation easement survey depicts several areas that are to be excluded from the conservation area that are currently in agriculture or wildlife food plots. We are concerned that these exclusion areas fragment the property and that unsuitable development may occur within these exclusion areas resulting in impacts to the conservation area. We understand that the NCGTPA is working to add a clause to the conservation easement that will preclude unsuitable uses of these exclusion areas. The Corps concurs with this and must review and approve the language prior to implementation. 4. We are very concerned that the conservation area boundary does not extend to the Neuse River. We understand that the NCGTPA is working to redraw the easement boundary to include all lands on the property up to the Neuse River. The Corps concurs with this and must review and approve the revised survey prior to implementation. Until we receive and consider the above information, approval of your modification request remains pending. Thank you for your time and cooperation. The Wilmington District is committed to providing the highest level of support to the public. To help ensure we continue to do so, please complete the Customer Satisfaction Survey located on our website at http://re uglatory.usacesurvey.com/. If you have any questions, please contact Ms. Tracey Wheeler of my staff at telephone (252) 975-1616, extension 24. Sincerely, David M. Lekson, P.W.S. Chief, Washington Regulatory Field Office Copies Furnished (without enclosure): Ms. V. Lori Fuller Special Deputy Attorney General Post Office Box 629 Raleigh, North Carolina 27602 Dr. Jerry McCrain EcoScience, A Division of PBS&J 1101 Haynes Street, Suite 101 Raleigh, North Carolina 27604 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division United States Environmental Protection Agency 61 Forsyth Street, SW Atlanta, GA 30303 Mr. Pete Benjamin United States Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 3 r r Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Division 101 Pivers Island Road Beaufort, North Carolina 28516 Mrs. Cyndi Karoly North Carolina Department of Environment and Natural Resources Division of Water Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Kyle Barnes Division of Water Quality North Carolina Department of Environment and Natural Resources 943 Washington Square Mall Washington, North Carolina 27889 Mr. Pat McClain Division of Land Resources North Carolina Wildlife Resources Commission 943 Washington Square Mall Washington, North Carolina 27889 4