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Home My WebLink About20041235 Ver 1_Other Agency Comments_20091002DEPARTMENT OF THE ARMY f WILMINGTON DISTRICT, CORPS OF ENGINEERS s 1 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 REPLY TO June 30, 2011 ATTENTION OF Regulatory Division Action ID. 2009 -00932 North Carolina Department of Transportation Project Analysis and Environmental Analysis Branch c /o: Gregory J. Thorpe, Ph D 1 South Wilmington Street Raleigh North Carolina 27699 -1548 Dear Mr. Thorpe: This letter serves to confirm our evaluation of the May 27, -2011 monitoring report (Year 6) for the Privateer Farms Mitigation Site, which is an addendum under the North Carolina Department of Transportation Umbrella Mitigation Banking Instrument ( NCDOT UMBI) executed on September 4, 2009. The Privateer Farms site is within Harrison Creek watershed and is located west of NC Hwy 53, north of Elizabethtown, at the Bladen/Cumberland County line, North Carolina. Also, please reference my June 22, 2011 onsite inspection with your agent, Mr. Kevin Tweedy of Baker Engineering. After review of the Year 6 monitoring report, our office, in coordination with the Interagency Review Team (IRT), has concluded that the site's hydrological parameter has met the established success criteria during the 2010 growing season. This final determination terminates North Carolina Department of Transportation's responsibilities to conduct further performance monitoring within the Privateer Farms Mitigation Bank. For the release of credits, our office is withholding the remaining credits, as well as rescinding the credits previously released in our May 18, 2010 and September 29, 2009 letters, which totals 8,066 linear feet of stream and 213 credits of riverine wetlands. Pursuant to Section III(D)(1) of the NCDOT UMBI, the release of credits for this bank site shall be available upon completion of all the following: 1) Execution of the UMBI, 2) Approval of the Privateer Farms Addendum, and (3) Recordation of the preservation mechanism for Privateer Farms, along with the title opinion. It has been verified that items (1) and (2) have been finalized, but to date, our office does not have any documentation showing the recordation of the preservation mechanism and the fulfillment of item (3). Moreover, we are unaware of or have entered discussions with your office concerning the holder of the conservation easement for Privateer Farms Mitigation Bank. Once an appropriate easement holder, along with the easement agreement, has been confirmed by our office and the IRT, and the conservation easement has been recorded, then all wetland and stream credits can be released for compensatory use. CERTIFIED MAIL RETURN RECEIPT REQUESTED -2- Please be reminded that your agency must continue to fulfill the responsibilities prescribed by the NCDOT UMBI, i.e. ledger reporting requirements and long -term protection. If you have any questions, please do not hesitate to contact me at the Wilmington Regulatory Field Office, telephone (910) 251 -4811. Copies Furnished: Mr. Gary Jordan U.S. Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636 -3726 Mr. Steve Sollod Transportation Project Coordinator Division of Coastal Management 1638 Mail Service Center Raleigh, North Carolina 27699 -1638 Mr. Travis Wilson North Carolina Wildlife Resources Commission 1142 I -85 Service Road Creedmoor, North Carolina 27522 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Sincerely, A"j-- Mickey Sugg, Project Manager Wilmington Regulatory Division s. Tammy Hill N DENR Division of Water Quality 2321 Crabtree Boulevard Raleigh, North Carolina 27626 -0535 Ms. Becky Fox US EPA Wetlands Regulatory Section- Region IV 1307 Firefly Road Whittier, North Carolina 28789 Ms. Leilani Paugh North Carolina Department of Transportation 1 South Wilmington Street Raleigh, North Carolina 27699 -1548 -3- Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636 -3726 Ms. Molly Ellwood North Carolina Wildlife Resources Commission 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. John Dorney NC DENR Division of Water Quality 2321 Crabtree Boulevard Raleigh, North Carolina 27626 -0535 Mr. Steve Everhart NC DENR Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Messrs. Kevin Tweedy and Dwayne Huneycutt Michael Baker Engineering, Inc. 8000 Regency Parkway, Suite 200 Cary, North Carolina 27518 CESAW- RG- W/Lekson CESAW -RG /McLendon CESAW- RG- LBeter CESAW- RG- L /Sugg CESAW- RG /Tugwell CESAW -RG -L /Smith