20070026 Ver 3_Emails_20100526

n0Q-te U
3
Mcmillan, Ian
From: Kim Williams [[e-mail]]
Sent: Wednesday, May 26, 2010 3:07 PM
To: Mcmillan, Ian
Subject: RE: surf city market; pender co.; DWQ# 20070026
Hi Ian
Based on our discussion of the Surf City Market project earlier today, I request that you
place the project on hold. I will send you a formal letter shortly describing the proposed
timing of development for Phases 1 and 2 as well as the status of the Stormwater Plan for
Phase 1.
Thanks!
Kim
-----Original Message-----
From: Kim Williams
Sent: Wednesday, May 26, 2010 2:05 PM
To: 'Mcmillan, Ian'
Subject: RE: surf city market; pender co.; DWQ# 20070026
Hi Ian
As a follow up to the message I just left you, attached is the 401 WQC Modification for the
Surf City Market. It authorizes 4.61 acres of wetlands and Waters of the US. As for
stormwater, I don't believe any stormwater plan has been developed yet since all development'
at the site was put on hold shortly after getting the 404/401 permits. I assume they will be
putting together a stormwater plan for Phase 1 shortly, but it still may be awhile before a
stormwater plan for Phase 2 is developed.
Just let me know if you still this a modification is needed to phase the EEP payments and
possibly update the Stormwater information as well. Can the 401 be conditioned to allow
phasing of the stormwater permits as well?
Thanks!
Kim
-----Original Message-----
From: Kim Williams
Sent: Tuesday, May 25, 2010 11:48 AM
To: 'Mcmillan, Ian'
Subject: RE: surf city market; pender co.; DWQ# 20070026
Hi Ian
Just to confirm, are you not able to send an informal email authorizing phasing of EEP
payments, as previously done?
Thanks,
Kim
-----Original Message-----
From: Mcmillan, Ian [mailto:[e-mail]]
Sent: Friday, May 21, 2010 10:25 AM
To: Kim Williams
Subject: RE: surf city market; pender co.; DWQ# 20070026
1
Y
Yes, I should revise the 401 to match the 404. - Ian McMillan
Ian J. McMillan, PWS, GISP
NCDENR/Division of Water Quality
Acting Supervisor - 401/Wetlands Permitting and Oversight Unit
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604
Office: [phone]
Fax: [phone]
Email: [e-mail]
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: Kim Williams [mailto:[e-mail]]
Sent: Friday, May 21, 2010 8:50 AM
To: Mcmillan, Ian
Subject: RE: surf city market; pender co.; DWQ# 20070026
Hi Ian
You may recall that in 2007 we received an IP and 401 WQC for the Surf City Market project,
which proposed impacts to 4.61 acres of wetlands. In 2009, we asked you if the required
mitigation (payment to EEP) for the project could be phased along with the development. At
the time, Phase 1 impacts were anticipated to be 0.2 acres of wetlands and Phase 2 impacts
were 4.41 acres. You agreed to this phasing (see below). The applicant has now determined
that Phase 1 impacts will be 0.55 acres of wetlands and Phase 2 will be 4.06 acres. We are
sending a letter to the ACOE requesting a modification to the IP to reflect this change. Do
we also need to modify the 401 WQC, or can you send me an email authorizing the revised
phasing?
Attached is a site plan showing the phases of development. Thanks for your assistance with
this project.
Sincerely,
Kim Williams
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Phone: [phone]
Fax: [phone]
-----Original Message-----
From: Mcmillan, Ian [mailto:[e-mail]]
Sent: Wednesday, December 02, 2009 10:11 AM
To: Kim Williams; Williams, Kelly
Cc: Karoly, Cyndi; Mcmillan, Ian
Subject: RE: surf city market; pender co.
Kelly and Kim, DWQ is okay with the phasing of mitigation as proposed for this project.
Please note, however, that DWQ will be reviewing requests for phased mitigation on projects
on an individual project by individual project basis. Thanks, Ian McMillan
2
Ian J. McMillan, PWS, GISP
NCDENR/Division of Water Quality
Coordinator 401/Wetlands Permitting and Oversight Unit
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604
Office: [phone]
Fax: [phone]
Email: [e-mail]
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: Kim Williams [mailto:[e-mail]]
Sent: Wednesday, December 02, 2009 9:45 AM
To: Mcmillan, Ian
Cc: Williams, Kelly
Subject: FW: surf city market; pender co.
Hi Ian
We spoke over the phone about the Surf City Market project in Pender County a few months ago.
As you may recall, we received an IP and 401 WQC for the project back in 2007 (see attached).
The applicant is required to pay into the EEP to mitigate for wetland impacts. The project
has been on hold since permits were issued and no wetland impacts have occurred yet. However,
they would like to begin a very small phase of development (Phase 1), which would impact
approx. 0.2 acres of wetlands (site plan attached). The applicant would like to buy into the
EEP for only this phase right now and then pay the remainder prior to those impacts (Phase
2). When we talked earlier, you mentioned that DWQ would be okay with this phasing. The Corps
has issued a letter stating they are okay with it as well (attached). Kelly Williams is set
to issue the EEP invoice for Phase 1, but she would like to get something in writing from DWQ
stating their approval. Could you send me a quick email stating that DWQ is okay with phasing
the EEP impacts to coincide with the phases of development/wetland impacts?
Thanks,
Kim
Kim Williams
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Phone: [phone]
Fax: [phone]
-----Original Message-----
From: Williams, Kelly [mailto:[e-mail]]
Sent: Tuesday, December 01, 2009 4:08 PM
To: Kim Williams
Subject: RE: surf city market; pender co.
Has the DWQ approved paying in phases as well?- since they require mitigation I would expect
that they would have issued an approval to make one smaller payment and one larger one.
Maybe you can shoot this to Ian and he can respond?
3
Kelly
-----Original Message-----
From: Kim Williams [mailto:[e-mail]]
Sent: Monday, November 30, 2009 11:50 AM
To: Williams, Kelly
Cc: [e-mail]
Subject: RE: surf city market; pender co.
Hi Kelly
We finally were able to get a letter from the Corps allowing us to phase the mitigation for
the Surf City Market project in Pender County (see attached). Let me know if there is
anything else you need prior to being able to issue the invoice for Phase 1.
Thanks!
Kim
-----Original Message-----
From: Williams, Kelly [mailto:[e-mail]]
Sent: Tuesday, September 29, 2009 8:33 PM
To: Kim Williams
Subject: RE: surf city market; pender co.
Kim:
We actually have a new incremental payment policy posted on our Website- currently it's at:
http://www.nceep.net/pages/pdfs/IncrementalPaymentPolicy_Draft.pdf- but it's not draft
anymore, so look for the location to change in the next day or so. Scroll down this page and
you'll find a link to the form to request to use the policy and a link to the detailed
description of the policy.
My understanding is that unless a permit is phased, the COE will not allow incremental
payments to take place. This came from Scott McLendon, but it contradicts what Crystal's
email says. Knowing Scott is not okay with incremental payments, I would need to hear from
him or know that Crystal has discussed it with him prior to approval.
I need to review the permit requirements carefully and issue a new invoice as well anyway- so
we can follow up tomorrow and see how to proceed. Your client should review the policy
carefully.
Kelly Williams
In-Lieu Fee Program Coordinator
NCEEP
1652 Mail Service Center
Raleigh, NC 27699-1652
Hours- M-Th 8-4:30
direct:919-716-1921 fax:[phone]
From: Kim Williams [[e-mail]]
Sent: Tuesday, September 29, 2009 12:10 PM
To: Williams, Kelly
Subject: FW: surf city market; pender co.
Hi Kelly
We received an IP and 401 WQC for the Surf City Market project in Pender County back in 2007
(see attached). The applicant is required to pay into the EEP to mitigate for wetland
impacts. The project has been on hold since permits were issued and no wetland impacts have
occurred yet.
4
However, they would like to begin a very small phase of development, which would impact
approx. 0.2 acres of wetlands (site plan attached).
We have communicated with both the Corps (see email below) and DWQ (I have verbal approval
from Ian) and they agree to allow the applicant to buy into the EEP for only this phase right
now and then pay the remainder prior to those impacts.
Will you be able to issue an invoice for Phase 1 development at this time based on the Corps'
email below? Since the permits require a 2:1 ratio, it would need to be for 0.4 acre. Their
previous EEP invoice has expired, so let me know if I need to fill out a new request form or
do anything else.
Thanks!
Kim
Kim Williams
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Phone: [phone]
Fax: [phone]
-----Original Message-----
From: Amschler, Crystal C SAW [mailto:[e-mail]]
Sent: Wednesday, September 23, 2009 9:48 AM
To: Kim Williams
Subject: RE: surf city market; pender co.
Kim,
I'm the new Project Manager for Pender County and I've reviewed your request to proceed with
building only a portion of the approved project and pay only for the mitigation for impacts
that will result from the construction in this area. Due to the relatively small amount of
impact proposed for this portion of the entire permitted area (0.2 acres of wetland impacts),
we've decided that this is a reasonable request and that you have our authorization to
proceed with construction in this area and the applicant is only required to pay for
mitigation for the resulting impacts to 0.2 acres of wetland at this time. However, you
still need to provide verification from NCEEP prior to beginning work and if any changes to
the authorized work occur, please notify our office as a permit modification may be required.
Please note, payment to EEP in full for the remainder of the approved impacts will be
required before commencing any other portion of the approved work on site. If you have any
questions feel free to call me.
Thank you,
Crystal C. Amschler
Regulatory Specialist
Wilmington Regulatory Field Office
69 Darlington Ave,
Wilmington, NC 28403
(910)-251-4170
-----Original Message-----
From: Kim Williams [mailto:[e-mail]]
Sent: Wednesday, September 09, 2009 3:07 PM
5
To: Kim Williams; Smith, Ronnie D SAW; Amschler, Crystal C SAW
Subject: RE: surf city market; pender co.
Sorry- here are the attachments
From: Kim Williams
Sent: Wednesday, September 09, 2009 3:06 PM
To: 'Smith, Ronnie D SAW'; '[e-mail]'
Subject: surf city market; pender co.
Hi Ronnie
As we discussed, attached is the permitted site plan (4.61 acres of
impact)
and IP for the Surf City Market project in Pender County. I have highlighted in pink the area
that the applicant wants to move forward on at this time.
Impacts related to this corner are approximately 0.2 acre. This parcel has independent
access, stormwater and utilities. However, the IP requires EEP payment for the entire project
(9.25 acres) prior to any impact. Is there a way to separate this phase out of the larger
project so that he won't have to pay for all impacts at this time?
Let me know what you think.
Thanks,
Kim Williams
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Phone: [phone]
Fax: [phone]
6