20081143 Ver 1_More Info Received_20101025

DR- II L+3
C_
Natural Resource
Restoration & Conservation
October 21, 2010
North Carolina Department of Environment
And Natural Resources
Division of Water Quality
Winston-Salem Regional Office
585 Waughtown Street
Winston-Salem, North Carolina 27107
ATTN: Sue Homewood, Senior Environmental Specialist
C ?Ln0& r-n
OCT w 5 20'0
DENR - WATER QUALITY
WETLPI,DS AND STORMOiATER BRANCH
SUBJ: Response to your October 18, 2010 Certified Mai1:7010 0290 0001 4856 4119 re:
Nationwide 27 application for the Cripple Creek Stream and Wetland Mitigation Bank,
Alamance County.
Restoration Systems, LLC (RS) regrets the two discrepancies you pointed out in your
recent letter. To illustrate our interest in resolving the issues you raised, I am writing this
letter to you before we have received the hard copy of the letter you mailed us on the 18tH
We sincerely appreciate your courtesy in sending your letter to us electronically.
• Issue 1 involves the proposed location of "marsh treatment area" (BMP) outside
the easement area of the project. This was inadvertent; BMPs should be totally
contained within the conservation easement so that these devices can be repaired
and maintained, when necessary, by the long-term lease holder. Our proposal and
commitment is to ensure that the device is constructed inside the easement. The
new location of the BMP will be shown in the project As-Built drawing, which
must be submitted within 60 days of the end of construction.
• Issue 2 involves the stream buffer associated with Tributary 2 from stations 21 +
00 to the constructed stream crossing. You are correct in observing that less than
50-ft buffers are in place for approximately 221 feet. Unfortunately when this
project was originally planned and designed, the requirement was for an average
of 50-ft. Of course we would like to request that this project be grandfathered
under the original buffer width requirement for stream mitigation. In the event
the new buffer guidance is required, we will ensure that a reduction in stream
credit will be applied based on the requirements of Table 3 on page 7 (see)
http://www.saw.usace.armY mil/wetlands/mitigation/stream/BufferWidthGuidanc
eJuly2010.1)df.
Pilot Mill 0 1101 Haynes St., Suite 211 0 Raleigh, NC 27604 • www.restorationsystems.com 0 Phone [phone] • Fax [phone]
We regret the oversights and hope our proposed remedies will satisfy your concerns. We
would have no concerns if you requested these two issues be addressed as conditions of
the NW-27 authorization.
Please call me if you have concerns. Thanks for your time and considerations.
Sincerely,
M. RYndall Turner
Cc: Andrew Williams, USACE
Eric Kulz, DWQ
Todd Tugwell, USACE
Tara Aliden, RS