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Home My WebLink About20081743 Ver 1_Closeout Emails_20150827 (46)Strickland, Bev From: Schaffer, Jeff Sent: Thursday, August 27, 2015 11:01 AM To: Higgins, Karen; Merritt, Katie Subject: RE: Big Bull & Ballance Closeout Karen and Katie, Thank you for responding back to me so quickly. I was asked by my upper management to run an analysis of the impacts or benefits of the Temporary Rule vs. the proposed new rule on buffer projects currently in the pipeline for closeout as well as those older projects where we would seek buffer credit retroactively. Given that this analysis is not yet complete and upper management has not been able to review the analysis, DMS is still requesting that DWR retract your closeout letters for Big Bull and Balance Farm until a decision can be made by DMS upper management as to the direction we would like to go. Please feel free to call me at (919) 707 -8308 if you would like to talk about this vs. emailing back and forth. Thank you. Jeff Schaffer Eastern Supervisor, Project Management NCDENR Division of Mitigation Services (http: / /portal.ncdenr.org /web /eep) Mailing: 1652 Mail Service Center, Raleigh, NC 27699 -1652 Physical: 217 West Jones St., 3rd Floor, Suite 3000A, Raleigh, N.C. 27603 Office: (919) 707 -8308 Mobile: (919) 812 -2634 Email: Jeff Schaffernncdenr.gov Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Higgins, Karen Sent: Thursday, August 27, 2015 10:48 AM To: Schaffer, Jeff; Merritt, Katie Subject: RE: Big Bull & Ballance Closeout J eff- I just want to clarify /reiterate a couple points. The only difference between urban /non -urban in the temporary rule is that in urban areas, you could have a minimum buffer of 20 feet instead of 30. We received comments during the permanent rulemaking process that all these different categories made the rule overly complicated. The proposed permanent rule removes the distinction between urban and non -urban to simplify the rule, so the % credit applies the same to all projects regardless of whether they are located in an urban or non -urban area and the minimum buffer width is 20 feet instead of 30. The table, without all the strikethrough and underlines would read: Proposed Buffer width (ft) Percentage of Full Credit Less than 20 0% 20 -29 75% 30 -100 100% 101 -200 1 33% If these two projects were closed out under the permanent rule, DMS would receive 33% credit not 50%. If DMS still requests DWR to retract our close out letters for these two sites and approve them under the permanent rule, I will have to talk with my management. Please send your response to both Katie and me. Thanks- Karen Karen Higgins 401 & Buffer Permitting Unit Supervisor NC DENR - Division of Water Resources 1617 Mail Service Center, Raleigh, NC 27699 Phone: (919) 807 -6360 Email: karen.hiRRins @ncdenr.eov Website: http: / /Porta1.ncdenr.ore /web /wa /401bufferoermittine E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Schaffer, Jeff Sent: Thursday, August 27, 2015 10:47 AM To: Merritt, Katie Cc: Higgins, Karen Subject: RE: Big Bull & Ballance Closeout Thank you, Katie. So let me make sure I'm clear under the proposed permanent rule for those areas outside of 100 ft from TOB would we only receive 33% of the available credit or is it a 33% reduction meaning we would receive 67% of available credit? Jeff Schaffer Eastern Supervisor, Project Management NCDENR Division of Mitigation Services (http: / /portal.ncdenr.orp /web /eep) Mailing: 1652 Mail SenTice Center, Raleigh, NC 27699 -1652 Physical: 217 West Jones St., 3rd Floor, Suite 3000A, Raleigh, N.C. 27603 Office: (919) 707 -8308 Mobile: (919) 812 -2634 Email: Jeff Schaffernncdenr.gov Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Merritt, Katie Sent: Thursday, August 27, 2015 10:31 AM To: Schaffer, Jeff Cc: Higgins, Karen Subject: Re: Big Bull & Ballance Closeout Hey Jeff, i'II call you later. I am working today, just working remotely because I have a sick kid at home. I want to make sure all is good before moving forward. please see the table below, which is from the proposed perm. rule: Hey Jeff, I'll call you later. I am working today, just working remotely because I have a sick kid at home. I want to make sure all is good before moving forward. Please see the table below, which is from the proposed perm. rule, which shows no deciphering between urban and non urban. Therefore, all sites will fall under this table when the perm rule goes through, regardless of whether they are urban or non - urban. I think this would mean that the 33% will apply to both big bull and balance for the cattle exclusion areas. Right now, it's 50%. The 10% caveat is removed (under the table) so maybe this is where DMS may get more credit? I just want to make sure DMS is comfortable with that, because I would hate to wait till the Perm rule and then DMS determine that they could have gotten more credit under the Temp. rule. See below: E+}Lnj RIPARIAN BUFFER RESTORATION SITE OR ENHANCEMENT SITE. ENHA CEIVIEniT Divisien Authority staff shall make an on -site determination as to whether a potential mitigation site qualifies as a restoration site or enhancement site as defined in Paragraph (b) of this Rule. Riparian buffer restoration sites or enhancement sites shall meet the following requirements: (1) Buffer restoration sites or enhancement sites may be proposed as follows: Urban . "u -Qas Nan :rrbar .A �s Proposed Proposed Buffer width (ft) Percentage Buffer wid4 (ft) of Full Credit of o lFull Credi t Less than 20 0% Less than, 29 0-0� 20 -29 75% 2029 "0 30 -100 100% 30-100 X80 0�e 101 �000 101 - �8 0� 33% 1"_20 o 58 °�A 200 A The -area of the [buffcc"] mitig -ation site ti,,.,endd Inn i,.,,,.,. F,,,,+ F.,,..... +ti„ +,,., „f banl-� shall c than 10 p .,+ „F +H„ Wetal a of [b,u ffc-r] mitig- ati3i� From: Schaffer, Jeff Sent: Thursday, August 27, 2015 6:36 AM To: Merritt, Katie; Allen, Melonie Cc: Baumgartner, Tim Subject: RE: Big Bull & Ballance Closeout Katie, Thank you for turning these around so quickly, we really appreciate your diligence. However, in discussions with upper management and others at DMS regarding the new language in the proposed permanent rule, 15A NCAC 02B .0295(n)(1) which reduces the percentage of full credit in the 101 -200 ft zone from 50% to 33% in Urban areas and what looks to be no reduction in Non -Urban areas, DMS requests that you pull back or redact the closeout approval letters until such time as the permanent rule is finalized. This is requested, so that in the spirit of customer service to our mitigation providers, since this currently proposed changes reduce the credit impact to DMS on both projects and the providers and, in the case of the Big Bull project, reduces the amount of money the provider would be required to repay to DMS. Since you are out of the office today and I will be out of the office starting tomorrow (8/28) through 9/7, if you have any questions during this time regarding this request, please contact Tim Baumgartner. 3 Thank you. Jeff Schaffer Eastern Superxrisor, Project Management NCDENR Division of Mitigation Services (http: / /portal.ncdenr.orp /web /eep) Mailing: 1652 Mail SenTice Center, Raleigh, NC 27699 -1652 Physical: 217 West Jones St., 3rd Floor, Suite 3000A, Raleigh, N.C. 27603 Office: (919) 707 -8308 Mobile: (919) 812 -2634 Email: Jeff Schaffernncdenr.gov Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Merritt, Katie Sent: Wednesday, August 26, 2015 5:06 PM To: Allen, Melonie Cc: Schaffer, Jeff Subject: Big Bull & Ballance Closeout Hey Melonie, Please see your copies of the Big Bull and Balance closeout letters. Have a great day, Katie Katie Merritt Nutrient Offset & Buffer Banking Coordinator NCDENR- Division of Water Resources Work: 919- 807 -6371 Website: http: / /Porta1.ncdenr.ore /web /wq /401bufferoermittine Email correspondence to andfrom this address is subject to the North Corolino Public Records I WA/ and may be disclosed to third parties unless the content is exempt by statute or gather regulation. Please consider the environment before printing this email.