20070747 Ver 1_Emails_20100319

Kulz, Eric V I J"' r
From: Wheeler, Tracey L SAW [[e-mail]]
Sent: Friday, March 19, 2010 11:01 AM
To: SMTP-Kessler, Bob
Cc: Kulz, Eric; Dunn, Maria T.; [e-mail]; smtp-Sechler, Ron; [e-mail];
Tugwell, Todd SAW; McLendon, Scott C SAW; Lekson, David M SAW
Subject: RE: Flat Swamp Mitigation Bank: MBI Application
Attachments: FS Comments to Sponsor 2008,doc
Bob,
I will be out of the office next week, and am scheduling during the week of April 26
right now. The Corps has some very serious concerns about stream creation at this site, and
yes, it would be creation, and these concerns have been expressed to your company on several
occasions. Please see attached correspondence. I do think it would be a good idea to discuss
the modifications that have been made to the plan in response to earlier review and comments.
Tracey
Tracey L. Wheeler
Regulatory Project Manager
US Army Corps of Engineers
Washington Regulatory Field Office
Post Office Box 1000,
2407 West Fifth Street
Washington, NC 27889
Phone [phone]
The Wilmington District is committed ter,providi,ng,the highest level of support to the public.
To help us ensure we continue to do sozi please,camplete the Customer Satisfaction Survey
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-----Original Message-----
From: ENVIRONMENTAL HERITAGE INVESTORS, LLC [mailto:[e-mail]]
Sent: Thursday, March 18, 2010 5:20 PM
To: Wheeler, Tracey L SAW
Subject: Fw: Flat Swamp Mitigation Bdnk,`jMBI Application
Hi Tracy, c
Thank you for meeting with me last week on such short notice. I believe we both found out
some interesting issues associated with the bank project during our meeting. I did not know
that you were informed that our bank was only going to offset nutrient and buffer impacts for
NCDWQ permit applicants.
a few months ago our team had modified the bank site to available to offset impacts for
federal wetland and stream impacts as well, at least on paper.
When we looked at our site map, I indicated-where-we were planning to restore a stream and
wetlands on the site. We were not sure if, Dave. was comfortable with a stream restoration or
creation plan.
We are reviewing our final draft of our MBI and should have the package finalized my Monday
the 22nd. Would you be available for a0mepting'with me next Wednesday 23rd , Thursday 24th or
Friday 25th to discuss our project file ?hnd.a°a 'ovcl-,'view of our MBI package which address some
of the issues mentioned above? What I:""wa©uld'like:'•to-.accomplish during our meeting is to see
if what we are submitting/proposing is acceptable to you before you send the MBI package to
the IRT members for review and comment;
Regards,
. 1,
;
Bob
Robert N. Kessler
Director of Marketing
Greenvest/Flat Swamp, LLC
1001 Capability Drive, Suite 312
Raleigh, North Carolina 27606
C: 919.943.3374
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August 14, 2008
Regulatory Division
ORM ID SAW-1999-11312 / Flat Swamp Mitigation Bank - Phase II Plan Review
Mr. Doug Lashley, President
GreenVest
726 Second Street, Suite 3B
Annapolis, Maryland 21403
Dear Mr. Lashley:
This correspondence is in reference to the Flat Swamp Mitigation Bank (Bank) that you and
Dr. Doug Frederick are developing on a 386 acre tract of land located off of Dover Road, near
the community of Dover, adjacent to Flat Swamp, in Craven County, North Carolina. The
purpose of this letter is to provide you with Interagency Review Team (IRT) comments on your
document entitled, The Flat Swamp Mitigation =Bank; Draft Phase H - Preliminary Mitigation
Plan, Riparian Headwater Stream System Restoration in the Coastal Plain, Craven County,
North Carolina, dated June 2008.
Attached, please find written comtments°pi~ovided by the U.S. Environmental Protection
Agency (USEPA) and the N.C. Division of Water Quality (NCDWQ). Additionally, my review
of the subject plan revealed that it is a conceptual document. Although it may have merit, there
is not enough specific information in the subject plan for the IRT to approve commencement of
construction. Additionally, issues related to the jurisdictional determination and permitting must
be addressed prior to moving forward because they may affect the final plan. I am also
concerned that it appears that many of the main factors of failure have not been considered in this
plan. Additionally, many of the concerns raised by Mr. Scott Jones of my staff on an earlier draft
of the Phase II plan have not been addressed.
As discussed in great deal with Dr. Frederick over the years, a final mitigation plan must
present specific, measurable and attaEindble'sutc'ess criteria and monitoring protocols. Given the
conceptual nature of this plan, the fact that the site is located within a headwaters landscape
position where the line between a wetland` and'a,zerosorder stream is very tenuous, as well as the
fact that the success of Phase II is so closelytied;to-the success of Phase I and vice versa, I
strongly recommend that you present a?,f zmal mitigation plan that encompasses the entire site
(both "Phase P" and "Phase IP" togetheri)i?.Additionall-y, the Phase I plan was developed nearly ten
(10) years ago and much has been learned about developing complex sites that contain both
wetland and stream features. This will also serve to alleviate many of the concerns expressed by
the USEPA and NCDWQ.<s ; , ,,^

i) "t

t.
You have stated that you intend to modify the mitigation banking instrument (MBI) for this
Bank. Given the above, as well as the compleXity'of what you are proposing and the many
changes to critical threshold issues within the MBI that must be made, it may be most
expeditious for all involved to schedule an IRT meeting to discuss these matters. Accordingly,
please contact me to confirm your interest in scheduling an IRT meeting.
Thank you for your time and cooperation. If you have any questions, please contact me at the
Washington Regulatory Field Office, telephone [phone], extension 22.
Sincerely,
Enclosures
Copies Furnished (without enclosure):
David M. Lekson,_P.W.S.
Chief, Washington Regulatory Field Office
Ms. Kathy Matthews
United States Environmental Protection Agenoy
Wetlands Regulatory Section
Mail Code: E143-04
Research Triangle Park, North Carolina 27711
Mr. Ron Sechler
National Marine Fisheries Service
Habitat Conservation Division
101 Pivers Island Road
Beaufort, North Carolina 28516
Mr. Howard Hall
United States Fish and Wildlife Service
Ecological Services - Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Maria Dunn, N.E. Permits Coordinator
North Carolina Wildlife Resources Commissioril '• ci,'' rr
943 Washington Square Mall
Washington, North Carolina 27889

Mr. Eric Kulz, Stream and Buffer M tj ' gation Review,Coordinator
North Carolina Department of Environment and Natural Resources
Division of Water Quality - Wetlands and Stormwater Branch
Mail Service Center 1650
Raleigh, North Carolina 27699-1650.
Dr. Douglas J. Frederick
Department of Forestry
College of Natural Resources
Campus Box 8008, 3128 Jordan Hall
North Carolina State University
Raleigh, North Carolina 27695-8008