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DEPARTMENT OF THE ARMY <br />WILMINGTON DISTRICT, CORPS OF ENGINEERS <br />P.O. 60X t 890 <br />WILMINOTON~ NORTH CAROLINA 28402-1890 <br />IN REPLY REFER TO February 24, 1999 <br />Regulatory Division <br />Mr. David A. Franchina <br />Kennedy Covington Lobdell & Hickman, L.L.P. <br />NationsBank Corporate Center <br />suite 4200 <br />100 North Tryon Street <br />Charlotte, North Carolina 28202-400b <br />Subject: Action ID 199830189 <br />Dear Mr. Franchina: <br />This is in response to your telephone conversation with Ms. Brooke Lamson of the <br />Wilmington District's Office of Counsel concerning the above-referenced permit. Condition 10 <br />of the permit requires that the mitigation property be preserved in perpetuity, and that an <br />acceptable preservation mechanism be in place within one year of the date of issuance of the <br />permit. The current plan is to convey a conservation easement over the property to Cabarrus <br />County, which is acceptable in concept to the Coips. The County Commissioners will not meet <br />to consider this matter until March 15, 1999. You have therefore requested a 45 day extension of <br />time in which to comply with this portion of Condition 10 of the permit. <br />I consider your request to require only a minor modification of your client's permit. The <br />permit is modified to allow your client an additional 45 day period in which to record an <br />acceptable preservation mechanism with the Register of Deeds of Cabarrus County. All other <br />terms and conditions of the perniit remain in full force and effect. <br />Sincerely, <br />~-7 <br />G~ . <br />~~ <br />Terry R. Youngbluth <br />Colonel, U.S. Arniy <br />District Engineer <br />Attachment number 3 <br />F-~ 118 <br />