20090547 Ver 1_Other Agency Comments_20090717

Action ID. 2009-01033
Regulatory Division
Mr. Jarrod Karl
Mitigation Administrator
City of Charlotte
Storm Water Services
600 East Fourth Street
Charlotte, North Carolina 28202
Dear Mr. Karl:
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
REPLY TO
ATT=ON OF:
July 15, 2009

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Please reference the Site Specific Mitigation Pan for the Briar Creek Stream Enhancement
project dated May 12, 2009. The project proposes the restoration of 930 linear feet of an
unnamed tributary to Briar Creek (Museum Tributary) and the enhancement of 1,750 linear feet
of Briar Creek which are also being requested for inclusion into the City of Charlotte's Umbrella
Stream and Wetland Mitigation Bank (Bank). Based upon previous meetings and coordination
with the Interagency Review Team, we have determined that this project as proposed is
acceptable for inclusion into the Bank with the Briar Creek reach receiving 2:1 stream credit and
the Museum Tributary receiving 1:1 stream credit. The approved ratio for the Briar Creek reach
is contingent upon the stream channel improvements that will occur as a result of the
enhancement of 4,970 linear feet of Briar Creek downstream of the proposed project which is not
requesting mitigation banking credit.
Based upon information provided in our June 25, 2009 teleconference, the Briar Creek
reach is awaiting funding from the American Recovery and Reinvestment Act of 2009 and would
likely not be constructed if this funding is denied. For this portion of the project, the immediate
15% credit release as set forth in the Mitigation Banking Instrument (MBI) should not be
released until funding is approved. Also, please refer to part C of condition 25 of the MBI which
states that prior to the immediate release of 15% of the total credits that "recordation of the
preservation mechanism described in paragraph 32 of this MBI as well as a title opinion covering
the property acceptable to the U.S. Army Corps of Engineers" is required.
2
If you have any questions, please contact me at [phone] extension 231.
Sincerely,
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Amanda Jones
Project Manager
Asheville Regulatory Field Office
Copies Furnished:
Wildlands Engineering, Inc.
1430 S. Mint Street, Suite 104
Charlotte, North Carolina 28209
Mr. Eric Kulz
North Carolina Division of Water Quality
401 Oversight and Express Permitting Unit
Mail Service Center 1650
Raleigh, North Carolina 27699-1650
Ms. Rebecca Fox
Environmental Protection Agency
1307 Firefly Road
Whittier, North Carolina 28789
Mr. Bryan Tompkins
U.S. Fish & Wildlife Service
160 Zillicoa Street
Asheville, North Carolina 28801
Mr. Ron Linville
N.C. Wildlife Resource Commission
Western Piedmont Region Coordinator
3855 Idlewild Road
Kernersville, North Carolina 27284-9180