20161200 Ver 1_Information for buffer mitigation_20191218

Strickland, Bev
From: Merritt, Katie
Sent: Wednesday, December 18, 2019 12:56 PM
To: Allen, Melonie
Cc: Haupt, Mac
Subject: RE: Ken -Cox Information
Attachments: 2013 Memo on RFP dates.pdf
Hey Melonie,
I do remember the Randleman discussions, but not so much the Ken Cox site specifically. When reviewing what I have in
my files, the 2007 discussion included a statement from DWQ/DWR that stated, "Mitigation that EEP already has
downstream of the reservoir can be used, but new pursuits should be upstream in order to protect the reservoir". The
Ken Cox site was never approved for buffer mitigation and was never constructed, so it doesn't fall under the concept
that it is "mitigation that eep already has". It's shown on my lists from EEP as being a Design -Bid -Build Instituted in 2006
for Stream & Wetland. I'm also not sure when or if an RFP was submitted for Ken Cox, but DWR issued a memo to EEP in
2013 regarding RFPs and what rules buffer projects will be held to for compliance. But, since this wasn't a buffer
project to begin with, it likely wouldn't be impacted by the 2013 memo. Lastly, I also looked at the approved
Grandfathering list you gave me in 2015, and I didn't see Ken -Cox on the list. Based on all this, DWR would have to
review any proposal for the Ken Cox site as a new site and would review it under the .0295 Consolidated Rule for
generating buffer mitigation. The site must be located within the Randleman Lake Watershed as previously discussed
with DMS in 2016.
Thanks,
Katie
From: Allen, Melonie
Sent: Wednesday, December 18, 2019 8:45 AM
To: Merritt, Katie <[e-mail]>
Subject: FW: Ken -Cox Information
Katie,
We've discussed this before so please forgive the redundancy but DMS management has asked me to revisit eligibility
on the Millstone (Ken Cox) 204 site. This site is a stream and wetland site located in CF 03 below the Randleman
reservoir. The site was instituted in 2006 and has gone through a number of designs (currently NCSU is working on the
mitigation plan). This site had buffer mitigation assets (never verified by DWR per the process in place at that time )
associated until we met back in 2016 to discuss the revisions to the buffer rule(s). At that time you and Karen pointed
out that this site was no longer eligible for buffer mitigation due to changes in the rule and the fact that the project was
not in monitoring.
Jim had already used the site to meet a number of permit needs and maintains that due to the institution date and
policy in place at that time, the site should still be eligible for buffer mitigation due to the institution date and agreed
upon interpretation of the original Randleman buffer rule service area (see information below).
Please feel free to contact me with any questions.
Thanks,
Melonie
From: Stanfill, Jim
Sent: Wednesday, December 11, 2019 11:27 AM
To: Allen, Melonie <[e-mail]>
1

Cc: Baumgartner, Tim <[e-mail]>
Subject: Ken -Cox Information
Melonie,
The project is located in Cape Fear 03. DWQ rule originally required that projects be located the same distance from
the estuary as the impacts (or closer). DWQ policy regarding the interpretation of that rule was that the same CU met
the terms of the rules. On December 10, 2007 DWQ modified the policy for the Randleman. Projects instituted and
permits issued before that date were subject to the previous whole CU policy interpretation.
• Ken -Cox was instituted on 5/22/06.
• The permits that were accepted and assigned to Ken -Cox were paid between 12/30/2003 and 8/17/2007.
• These are the first four requirements ever in the Randleman.
• In 2007, EEP went to DWQ to suggest that DWR change the service area policy so that projects must be located
within the Randleman watershed.
• DEQ subsequently issued the revised guidance on 12/10/1007
Based on the information above, it appears that Ken -Cox was acquired prior to the service area change in policy and
correctly assigned a CIF 03 service area for buffer. Furthermore the permits accepted by the program to which this
project was debited were interpreted to be CIF 03 service area requirements since they also predate the policy change.
James B. Stanfill
Asset Manager
Division of Mitigation Services
Department of Environmental Quality
919 707 8314 office
jim.stanfill(cDncdenr.gov
1652 Mail Service Center
Raleigh NC 27699-1652

4
jf2
WDM
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
October 22, 2013
MEMORANDUM
To: Michael Ellison, N.C. Ecosystem Enhancement Program Director
From: Karen Higgins, 401 & Buffer Permitting Unit Supervisor
Subject: RFPs for Riparian Buffer Mitigation
On October 16, 2013 the N.C. Ecosystem Enhancement Program (EEP) requested clarification
for Request for Proposals (RFPs) for riparian buffer mitigation.
DWR has determined that riparian buffer mitigation projects will be held to the rules, statutes
and policies in effect at the time the RFP goes out. For the current RFPs, this would be the
current riparian buffer mitigation rules:
a 15A NCAC 02B .0242
Mitigation for Existing Buffers in the Meuse River Basin
• 15A NCAC 02B .0244
Mitigation for Existing Buffers in the Catawba River Basin
0 15A NCAC 02B .0252
Randleman Lake Mitigation for Existing Buffers
• 15A NCAC 02B .0260
Mitigation for Existing Buffers in the Tar -Pamlico River Basin
• 15A NCAC 02B .0268
Jordan Lake Mitigation for Existing Buffers
15A NCAC 02B .0609
Goose Creek Watershed Buffer Mitigation Rule
and the August 9, 2013 memo from Tom Reeder, DWR responses to the EEP document
"Reforms needed immediately in the regulation of'riparian buffer mitigation".
Please contact Katie Merritt at 919-807-6371 or me at 919-807-6360 with any questions.
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 [If.
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 arofina
Phone; 919-807-63001 FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.navaterquality.org NatmallY