20100857 Ver 1_Emails_20090806

Kulz, Eric
From: Zimmerman, Jay
Sent: Thursday, August 06, 2009 9:05 AM
To: Kulz, Eric
Cc: Skidmore, Lori
Subject: RE: Butlers Branch: Nutrient Offset Buffer Restoration for City of Raleigh
Thanks for the clarification
Jay
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: Kulz, Eric
Sent: Thursday, August 06, 2009 7:47 AM
To: Zimmerman, Jay
Cc: Risgaard, Jon; Skidmore, Lori
Subject: RE: Butlers Branch: Nutrient Offset Buffer Restoration for City of Raleigh
Jay:
No, this site has never been proposed as part of RS's Riparian Buffer and Nutrient Mitigation Bank. As a matter of fact,
Adam Riggsbee (Restoration Systems) explicitly stated that Butler's Branch was not to be included within their bank, but
was being proposed as stand-alone nutrient mitigation for the City of Raleigh wastewater plant issue.
The five year monitoring is standard and consistent with riparian buffer and nutrient offset projects approved by this
Office.
Eric
From: Zimmerman, Jay
Sent: Tuesday, August 04, 2009 12:59 PM
To: Kulz, Eric
Cc: Risgaard, Jon; Skidmore, Lori
Subject: RE: Butlers Branch: Nutrient Offset Buffer Restoration for City of Raleigh
Eric,
Do we know if they intended to use this site as a nutrient offset bank? I see your point and from my perspective they
are doing this to appease the Neuse River Keeper and not as part of any credit banking. Is this something that needs to
be resolved and if so, by whom?
Also, can I assume you agree with their 5 year monitoring plan? They want to include some provisions for this
restoration (timelines) in the Nondischarge permit, which I am not sure is appropriate and Jon also questions. If we
don't include compliance timelines in the ND permit however, how do you envision the restoration could/should be
enforced. Call me if easier to discuss.
Thanks
Jay
1
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: Kulz, Eric
Sent: Thursday, June 18, 2009 2:48 PM
To: Adam Riggsbee; Risgaard, Jon
Cc: Zimmerman, Jay
Subject: FW: Butlers Branch: Nutrient Offset Buffer Restoration for City of Raleigh
Adam/Jon:
Please note the attached Butlers branch Nutrient Abatement Buffer Restoration Project - Technical Proposal.
I have reviewed the proposal and found it to be technically acceptable for a nutrient offset project. Based on current
DWQ policy regarding nutrient offset projects, the successful completion of the project will result in approx. 54 acres of
riparian buffer along drainage features that currently have no buffers, or extension of existing buffer to a maximum of
200 feet from the top of bank. Successful completion of the project would entail the planting of trees in the restoration
areas, with survival of woody stems at a density of 320 stems per acre at the conculsion of five years of monitoring. The
restored buffer acreage would need to be protected by a conservation easement or other protective mechanism.
in accordance with current DWQ policy, completion of such a project would yield 122,742 pounds of nitrogen offset over
30 years (54 acres x 2,273 pounds/acre).
This site would be approvable by us for a nutrient offset bank site, i.e. we would allow the bank Sponsor to sell credits to
developers looking to offset nutrient loading on a development site. The project is technically the same as sites
throughout the Neuse basin that are being used by mitigation bankers and NCEEP to provide nitrogen offset credit.
One point to note with regard to the use of this site as a nutrient offset bank site. For standard nutrient offset credit
purchases by developers, Session Law 2007-438 (HB 859) states that "All nutrient offset projects authorized under this
section shall be consistent with rules adopted by the Environmental Management Commission for implementation of
nutrient management strategies in the Neuse River basin and the Tar-Pamlico basin and shall be located within the
same eight digit Cataloging Unit, designated by the USGS, in which the associated nutrient loading takes place". If the
proposed Butlers Branch site were approved as a nutrient offset bank, credits could only be used to offset nutrient
loading on development sites located within CU 03020202. Raleigh is in CU 03020201. 1 don't know if this applies to
the use of this site to offset loading from the Raleigh WWTP.
Please feel free to contact me if you have any questions regarding this issue.
Eric
From: Barrett Jenkins [maiIto: [e-mail]]
Sent: Monday, May 11, 2009 9:47 AM
To: [e-mail]
Cc: Adam Riggsbee
Subject: Butlers Branch: Nutrient Offset Buffer Restoration for City of Raleigh
Eric,
2
Please find attached the proposal from Restoration Systems to the City of Raleigh for the Butlers Branch Nutrient
Abatement Buffer Restoration Project. Note the project schedule will be pushed back to ideally begin at the end of this
summer.
I'm assuming you've spoken with Adam about this briefly and its part in the larger package for the City of Raleigh. Please
review and comment. We need to hear back from you by the end of the month if at all possible.
Thanks,
Barrett