20210008 Ver 1_Updated Mitigation Info_20210104

Strickland, Bev
From: Gary Wirth <[e-mail]>
Sent: Monday, January 4, 2021 12:01 PM
To: Johnson, Alan
Cc: Carr Mumford; [e-mail]
Subject: [External] FW: Mountain Creek Park Riparian Buffer
Attachments: Mountain Creek Park DMS Acceptance Letter Jan21.pdf
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Alan: as requested last week, attached is the DMS letter for the revised amount of mitigation at Mountain Creek Park.
Please let me know if you need anything else to accompany the previously submitted on-line Riparian Buffer permitting
for this project.
Thanks,
Gary
704-375-1588
From: Williams, Kelly [mailto:[e-mail]]
Sent: Monday, January 04, 2021 11:54 AM
To: Gary Wirth
Subject: RE: Mountain Creek Park Riparian Buffer
Gary,
Attached is an updated acceptance letter.
Take care,
Kelly
From: Gary Wirth <[e-mail]>
Sent: Monday, January 04, 2021 10:11 AM
To: Williams, Kelly <[e-mail]>
Cc: [e-mail]; Chris Timberlake<[e-mail]>
Subject: [External] RE: Mountain Creek Park Riparian Buffer
Importance: High
Kelly: Please find attached a revised ILF form for the Mountain Creek Park project in Catawba County.
After receiving your DMS Mitigation letter, we had some design revisions to the two facilities that require
mitigation. We have submitted the Riparian Mitigation forms to DWQ and in conversation with Alan Johnson at DWQ,
he requested a new letter from your agency with the revised mitigation areas.
To summarize, the required mitigation increased from 841 sf to 1,322 sf as shown on the attachment.
Thank you again for your assistance. Please let me know if you need any additional information from us.
Gary Wirth, PLA, ASLA
Principal
1

Wirth & Associates, Inc.
1230 West Morehead Street, Suite 212
Charlotte, NC 28208
704-375-1588
704-375-3844 fax
1 I.131K � I I �
V q
IARS
1994-2020
This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-
mail in error please notify the system manager. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent
those of the company. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. The company accepts no liability for any damage caused by
any virus transmitted by this e-mail
From: Gary Wirth
Sent: Tuesday, December 08, 2020 3:29 PM
To: 'Williams, Kelly'
Cc: JCameronCcbCatawbaCountyNC.aov; Chris Timberlake
Subject: RE: Mountain Creek Park Riparian Buffer
Kelly: Attached please find the DIMS ILF Mitigation Request Statement of Compliance per your instructions
below. Please let me know if there are any issues with the application or if you would like or need any additional
information pertaining to this project. The attachments sent in my previous emails to you yesterday are still relevant to
this request.
Thanks so much for your help. I do appreciate it. I look forward to hearing back from you.
Gary Wirth, PLA, ASLA
Principal
Wirth & Associates, Inc.
1230 West Morehead Street, Suite 212
Charlotte, NC 28208
704-375-1588
704-375-3844 fax
CF.11MRATJ%C-
RS
1994- 2020
This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-
mail in error please notify the system manager. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent
those of the company. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. The company accepts no liability for any damage caused by
any virus transmitted by this e-mail

From: Williams, Kelly[mailto:[e-mail]]
Sent: Monday, December 07, 2020 5:49 PM
To: Gary Wirth
Subject: RE: Mountain Creek Park Riparian Buffer
Gary,
The check -box for units of local government is for entities defined specifically in the NC statute as exempt from having to
seek credits from a private bank prior to accessing mitigation through the DMS ILF program. It does not exempt anyone
from mitigation- only from being required to seek mitigation from a private bank. DMS is not a private bank- DMS is an
in -lieu fee mitigation program. (Similar product, different business model). From what you have said, Alan/DWR will
require mitigation for at least a portion of the riparian buffer impacts. You only need to check the box that states there
are no banks with the credits you need. Please make sure to sign the form.
The next step is to complete and sign the mitigation request form (2 pages) and email it back to me. Per my previous
email, I will then issue an acceptance letter which you will forward to Alan. The buffer application will also go to Alan- it
is not necessary to send that to me as Alan/DWR is the permitting authority. I think Alan will want my letter and your
application submitted simultaneously. Once Alan issues the buffer authorization approving your project and impacts,
you need to email it to me in order to obtain the invoice for the mitigation DWR requires.
In summary, DWR (Alan) is the permitting authority, but cannot issue the permit until you have secured the mitigation
from your mitigation provider (DMS- Division of Mitigation Services). We are part of the same department, but separate
divisions with different purposes.
I hope this helps,
Kelly
From: Gary Wirth <[e-mail]>
Sent: Monday, December 07, 2020 5:25 PM
To: Williams, Kelly <[e-mail]>
Subject: [External] RE: Mountain Creek Park Riparian Buffer
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Kelly: Thanks so much for your prompt reply. I do have a question. On the form, there is a box to check if the applicant
is a unit of government and is not required to purchase credits from a mitigation bank. The owner is Catawba County
which meets this requirement. Does this mean that no mitigation is required because it is a government entity?
So the next steps are what for us? Prepare this form and the Riparian Buffer applications and send it to Alan who in turn
will assess the application and prepare the invoice for your records?
I just want to make sure we are proceeding in the correct manner to help with the permits.
Thanks again.
Gary Wirth, PLA, ASLA
Principal
Wirth & Associates, Inc.
1230 West Morehead Street, Suite 212
Charlotte, NC 28208

704-375-1588
704-375-3844 fax
From: Williams, Kelly[mailto:[e-mail]]
Sent: Monday, December 07, 2020 5:08 PM
To: Gary Wirth
Subject: RE: Mountain Creek Park Riparian Buffer
Gary,
Thank you for your interest in the In -Lieu Fee program. Developers seeking mitigation must first seek private mitigation
bank credits. There are no approved mitigation banks in the Catawba Basin and so DMS is an option for your
mitigation. To issue an acceptance letter for Alan to consider as your mitigation plan, you simply need to complete the
attached request form. You can enter the impacts without the ratio applied. Our letter covers the mitigation amount.
Once you have your buffer authorization, you can just email me a copy to get an invoice. More info on our program is
available here: https://deg.nc.gov/about/divisions/mitigation-services/dms-customers/stream-wetland-buffer-process
Let me know if you have any questions or need assistance with the form.
Take care,
Kelly Williams
In -Lieu Fee Program Coordinator
Division of Mitigation Services
Department of Environmental Quality
919 707 8915 office
[e-mail]
US Postal Service Address:
1652 Mail Service Center
Raleigh, NC 27699-1652
From: Gary Wirth <[e-mail]>
Sent: Monday, December 07, 2020 4:08 PM
To: Williams, Kelly <[e-mail]>
Cc: Johnson, Alan <[e-mail]>; Carr Mumford <[e-mail]>; Nick
<[e-mail]>
Subject: [External] Mountain Creek Park Riparian Buffer
Importance: High
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
Ms. Williams: Alan Johnson and I have had some discussions on our relatively small impacts to the Catawba River
Riparian Zones for this proposed park project in Catawba County. He has said for me to contact you directly to ascertain
if we can us the mitigation option for our impacts on this project.
Here is a brief description of our project and anticipated impacts:

Our firm is developing a Nature Preserve Park (Mountain Creek Park) on Lake Norman in Catawba County. The site is
located at 6550 Little Mountain Road, Sherrills Ford, 28673. Tax parcel number is 369804743141.
We are in the final stages of planning and have a few areas where we will be developing within the 50' Riparian Buffer
(15A NCAC 02B .0614) along Lake Norman. Alan stated to me last week that since this has been a contiguous single
parcel prior to 2001 that only the 30' riparian buffer will need to be permitted/mitigated.
The first attachment, Duke Energy Shoreline Impacts, shows you the relative location of the 3 proposed impacts on the
parcel.
There is a bridge planned across Mountain Creek to connect the two sides of the parcel which we believe will fall into
the category "deemed allowable" as bridges are an allowable use if less than 0.1 acres of buffer area are disturbed. This
bridge proposal disturbs only 0.059 Acres within the 30' riparian buffer including 10' on each side for construction
purposes. The attached "Bridge Plan" shows you the exact plan. There is no mitigation for this structure required per
the ordinance as we will be disturbing less than 0.1 acres of riparian area.
We are also planning a kayak launch and fishing pier, each with boardwalks crossing through the riparian buffer. The
attached "lakeside plan" shows you the exact plan. We have surveyed all trees 8" dbh and larger in this area and did plan
these two boardwalks to be constructed to prevent the removal of any existing trees within the buffer (trees less than 8"
dbh may be present and need removal). However, we are proposing that the boardwalks will be 8' in width due to the
expected volume and nature of use (carrying kayaks/canoes past each other). We believe this 8' width will fall under
"allowable with mitigation upon authorization" access trail category.
Our total impact for these two boardwalks is 841 SF within the 30' zone. The ordinance calls for a 2:1 mitigation at,
according to Alan, $1.92 per SF. Our mitigation cost, therefore would be $3,229.44 (841 x 2 x $1.92).
We would like to opt for this mitigation fee option if you deem it possible. Please let me know if this is plausible option
for mitigation or if you have any questions that I can help answer pertaining to this email.
Respectfully,
Gary Wirth, PLA, ASLA
Principal
Wirth & Associates, Inc.
1230 West Morehead Street, Suite 212
Charlotte, NC 28208
704-375-1588
704-375-3844 fax
CELEBkAT I NG
VIrlA60
3 94 - 2020
This e-mail and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-
mail in error please notify the system manager. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent
those of the company. Finally, the recipient should check this e-mail and any attachments for the presence of viruses. The company accepts no liability for any damage caused by
any virus transmitted by this e-mail

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
John Cameron
Catawba County
25 Government Drive
Newton, NC 28658
NORTH CAROLINA
Environmental Quality
January 4, 2021
Expiration of Acceptance: 7/4/2021
Project: Mountain Creek Park County: Catawba
The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to
accept payment for compensatory mitigation for impacts associated with the above referenced project as
indicated in the table below. Please note that this decision does not assure that participation in the DMS in -
lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts.
It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will
be approved. You must also comply with all other state, federal or local government permits, regulations or
authorizations associated with the proposed activity including G.S. § 143-214.11.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not
received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will
expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy
of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must
be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is
calculated based upon the Fee Schedule and policies listed on the DMS website.
Based on the information supplied by you in your request to use the DMS, the impacts for which you are
requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation
required and assigned to DMS for this impact is determined by permitting agencies and may exceed the
impact amounts shown below.
River Basin
Impact Location
8-di it HUC
Impact Type
Impact Quantity
Catawba
03050101
Riparian Buffer
1,322
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The
mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and
15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program.
If you have any questions or need additional information, please contact [e-mail].
cc: Gary Wirth, agent
Sincerely,
At�dJtA/�
FOR James. B Stanfill
Asset Management Supervisor
e:,�e
NORTH CAROLINAD_E QI
Uepartmem of Enrlronmemal Uual�
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976