20061804 Ver 3_Modifications_20100315

Mcmillan, Ian
From: Debbie Edwards [[e-mail]]
Sent: Monday, March 15, 2010 1:51 PM
To: Mcmillan, Ian
Cc: Brown, Thomas L SAW; Bob Zarzecki
Subject: RE: 401 status-The Village at Flowers Plantation
Attachments: 401 Approval WQC and Authorization Certificate per NRBPR_030410.pdf
Ian,
we received the revised 401 Approval for the Village at Flowers Plantation, thank you. In
this revision you included the USACE's compensatory mitigation language, which is what we
anticipated. However, the mitigation condition was incorporated "word for word" which
creates a compliance issue for the permittee, specifically the paragraph regarding
preservation. We would request either that this paragraph be removed totally from the 401
Approval or a revision to the paragraph.
Within the preservation paragraph, there is a recordation deadline that the permittee is
required to meet. This deadline should be reflective of the 404 date, not the 401 date.
More suitable language would be the following or something similar:
In addition to the mitigation outlined above, the permittee shall also preserve 5,839
linear feet of Mill Creek with a 100 ft. undisturbed riparian buffer (13.67 acres) along
the east side of Mill Creek, and shall preserve 1,543 linear feet of an unnamed tributary
(UT) to Mill Creek with a full 50 ft. undisturbed riparian buffer (2.44 acres) along
each side of the UT to Mill Creek by means of Declaration of Restrictions. The Declaration
of Restrictions shall be identical to the model Declaration of Restrictions found on
the USACE Wilmington District website, unless changes are authorized in writing by the
USACE Wilmington District. The Declaration of Restrictions shall be recorded at the
Register of Deeds office within 90 days of the issuance of the 404 Individual Permit by the
USACE, and a copy of the recorded Declaration shall be provided to the USACE Wilmington
District within 30 days of its recordation. The permittee shall take no action inconsistent
with the terms of the Declaration before its recordation.
Please understand that we are trying to be proactive in eliminating future compliance issues
by taking care of these language conflicts upfront, by no means are we trying to be
difficult. I do hope you understand and agree with the proposed modifications.
Thank you,
Debbie
Debbie Edwards
Soil & Environmental Consultants, PA
office: 919-846-5900
mobile: [phone]
Think before you print.
P*Think before you print.
-----Original Message-----
From: Mcmillan, Ian [mailto:[e-mail]]
Sent: Tuesday, March 02,
To: Debbie Edwards
Cc: Brown, Thomas L SAW;
Subject: RE: 401 status
2010 4:08 PM
Bob Zarzecki; Kevin Martin
Debbie, I will modify the 401 WQC and reissue it. - Ian McMillan
Ian J. McMillan, PWS, GISP
NCDENR/Division of Water Quality
Acting Supervisor - 401/Wetlands
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604
Office: [phone]
Fax: [phone]
Email: [e-mail]
Permitting and Oversight Unit
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.
-----Original Message-----
From: Debbie Edwards [mailto:[e-mail]]
Sent: Monday, March 01, 2010 12:27 PM
To: Mcmillan, Ian
Cc: Brown, Thomas L SAW; Bob Zarzecki; Kevin Martin
Subject: FW: 401 status
Ian,
Last week you and I discussed the 401 WQC Approval that was written for the Village at
Flowers Plantation project back in January 2009 (see attached), specifically the compensatory
mitigation condition and it's modification. You had mentioned in previous conversations that
you wanted to review the USACE's final mitigation condition and possibly incorporate some of
their language into the 401 Approval.
In our conversation you had two concerns regarding this mitigation condition, the first being
that the compensatory mitigation was going to be paid into the NCEEP In-Lieu Fee program and
not a private mitigation bank. Please note that the compensatory mitigation was accepted by
the NCEEP for this project before Session Law 2008-152 took affect and therefore payment into
the NCEEP should an acceptable route of compensatory mitigation payment for the
applicant/permittee.
Secondly, you were concerned about NCEEP being in agreement with the compensatory mitigation
"phasing" (i.e. Phased Mitigation Payment Policy). It was my understanding that lean Manuele
of the USACE, and Suzanne Klimek of the NCEEP and Kevin Martin with S&EC have been working on
a "Phased Mitigation Payment Policy" and the Village at Flowers Plantation project would be
one of the first projects to pay mitigation through this phasing policy. Therefore, please
let me know whatever I need to provide to you so the NCDWQ will support this compensatory
mitigation condition and if necessary, make any changes to the 401 WQC Approval for the
project.
Thanks and if you have any questions please feel free to give me a call.
Debbie
Debbie Edwards
Soil & Environmental Consultants, PA
office: 919-846-5900
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