HomeMy WebLinkAbout20191132 Ver 1_Endowment_20201216Strickland, Bev
From: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil>
Sent: Wednesday, December 16, 2020 4:00 PM
To: Jake McLean; Andrea Eckardt
Subject: RE: East Buffalo - Wildlands Little Tennessee - Endowment
Based on your earlier email and the updated attachments, I understand now what you meant by the 30% at milestone 2
and will approve it that way.
Although I think 12% is a little low to hold back especially when considering it could affect the upstream preservation via
headcutting if not stabilized correctly, and considering 30% of that will be released at as -built before we have much
assurance of stabilization, but if issues in those areas persist the IRT can hold back other SMU's until corrected.
The updates look good and I'll distribute with the initial release so that the IRT is aware of the corrections to the
approved plan.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
(828)-933-8032 cell
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 to complete the survey online.
From: Jake McLean <jmclean@wildlandseng.com>
Sent: Wednesday, December 16, 2020 2:58 PM
To: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski @usace.army.mil>; Andrea Eckardt
<aeckardt@wildlandseng.com>
Subject: [Non-DoD Source] RE: East Buffalo - Wildlands Little Tennessee - Endowment
We are proposing that 30% of the 150 remaining preservation credits be released at Milestone 2 and that the remaining
release percentages follow the same schedule as the other remaining credit (per table).
See if the attachments work.
From: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil>
Sent: Wednesday, December 16, 2020 2:27 PM
To: Jake McLean <Imclean@wildlandseng.com>; Andrea Eckardt <aeckardt@wildlandseng.com>
Subject: RE: East Buffalo - Wildlands Little Tennessee - Endowment
Jake,
I was going thru your response and have some questions. It is not clear to me in revised pg 46 and 47 whether you are
saying that the remaining 150 credits are to be released during the next release or over the same schedule as the
remaining restoration/enhancement credit. Releasing it during the next (as -built) release would not show enough time
has passed for stabilization and recommend it over the time frame for the rest of the stream credit. Please clarify and
also make all changes in red so the IRT clearly knows what was updated from the previous approved version.
For the revised EPA comment page, it seems the first attachment is a copy of what was originally submitted, please
verify? The second EPA copy has the footnote but refers to the total for all 7:1 ratio preservation credit, does that
number also include the 10:1 credit total. Please clarify in the footnote so it can be appropriately tracked with future
credit releases.
I have verified the updated numbers you sent and have the release letter ready as soon as these updates are received. I
will copy attach this email to the credit release to the IRT for their records.
Let me know if you have any questions.
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
(828)-933-8032 cell
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 to complete the survey online.
From: Jake McLean <imclean@wildlandseng.com>
Sent: Saturday, December 12, 2020 11:26 AM
To: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil>; Andrea Eckardt
<aeckardt@wildlandseng.com>
Subject: [Non-DoD Source] Re: East Buffalo - Wildlands Little Tennessee - Endowment
Steve,
For the plats- the scan is bad... I can make out the faint linework for the creeks in some places. Rest assured
they are there on the recorded document. Attached is the draft final plat Andrea and I reviewed that reflects
how the creeks are shown in the recorded document.
For the credits- in my comment response I used bad numbers in the response to EPA. Here's the explanation
of what numbers I used there and what the corrected numbers should be:
• 1 forgot to add the credits from UT5 Reach 1 (1343 LF, 191.8 credits @ 7:1) to the total length and
crediting.
o In the response, I used the estimate of approximately 1070 credits (more exactly, 1067.6
credits) for all 7:1 tribs. This neglected to incorporate UT5 Reach 1.
o Adding UT5 Reach 1 yields: 1067.6+191.8=1259.4 (this is the accurate total of 7:1 preservation
credit on the site).
o Of this, if 150 is proposed to be withheld (-12% rather than 15%).
• Recall that our proposed rationale of withholding 150 credits was based on approximate
stream length being worked on at crossings, not a certain percentage.
• If acceptable, that leaves 1259.4-150=1109.4 credits to be issued for 7:1 at this time.
o In addition, there are 79.9 credits to be issued for 10:1 preservation (for UT7).
o So the total preservation release at this time should be 1189.3 credits. At such time when the
150 credits are released, the total preservation adds to 1339.3. Table 23 is accurate.
I see no issue with the total requested for the remaining enhancement and restoration credits.
In order to rectify this in the documents, I have done the following (and these are attached and single pages
from the document):
• Footnote in Table 24 has been revised to reflect the Ws above and the fourth bullet (below). That is the only
issue I saw this table.
• Section 10.1 text has been updated to reflect the #s above.
• Comment response to EPA has been updated to reflect accurate Ws. So that you may pick how you want to
address, I did this in two different ways- first I have just corrected the #s, second, I left the #s and added a
footnote to describe the original error and the actual #s. If neither of these works, let me know what you need
for this.
• Finally, the percentages of release 1 and release 2 are proposed to be added together for release 2 as it pertains
to preservation credit so that the end total is 100% rather than 85%. This has been noted in the Table 24 and
Section 10.1 updates.
Thanks for your help on this and my apologies for the troubles. If you would like, let me know which correction
you would like for bullet 3 (EPA comment response correction) and I can make a final final :) mitigation plan
document and post it for you to download.
Thanks,
Jake
From: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil>
Sent: Friday, December 11, 2020 7:03 PM
To: Andrea Eckardt <aeckardt@wildlandseng.com>; Jake McLean <imclean@wildlandseng.com>
Subject: RE: East Buffalo - Wildlands Little Tennessee - Endowment
Andrea/Jake,
I know it is likely too late to resolve any issues at this time on a Friday night, but I was close to finalizing the East Buffalo
initial credit release and ran into a conflict for the number of credits to be released. In the email below, there were
1,339.3 SMU's of preservation being requested, which is consistent with Table 23 (page 45). That number seems
inconsistent with the number presented in the comment response (See EPA comment response 6c, reiterated in DWR
response 10/11 and USACE response 6b). According to the comment response the credit amount to be released for
preservation was supposed to be —150 SMU's less (-15%) in order to account for the success of the road
decommissioning and culvert removal. This is also reflected in Section 10.1, but not Table 24. The comment response
and Section 10.1 specifically note 920 SMU's being released for preservation with another 150 SMU's being released
over monitoring with demonstrated success. This still does not add up with the 1339.30 overall preservation credits
overall for the project.
We need to resolve this before I can issue the release. Please verify all preservation credit calculations (lengths
preserved & ratio approved) so that we can rectify how much is approved overall, how much will be withheld pending
performance milestones (-15% was proposed), how much is to be issued in the initial credit release, how much is to be
issued in subsequent releases and the updated Table 24. I'm off Monday, but will make myself available for discussion or
email review considering I'm in the field all but Wednesday the rest of the week. I can also discuss during my site visit in
Charlotte Tuesday which includes Wildlands.
Also, looking at the recorded plat, I thought their was a more current version showing the js streams more accurately. I
will look thru past emails more to verify, but let me know if the wrong one was mistakenly sent.
Have a good weekend,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
(828)-933-8032 cell
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 to complete the survey online.
From: Andrea Eckardt <aeckardt@wildlandseng.com>
Sent: Tuesday, November 24, 2020 10:15 AM
To: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil>
Subject: [Non-DoD Source] RE: East Buffalo - Wildlands Little Tennessee - Endowment
Steve -
Attached is the certificate of insurance for the East Buffalo — Wildlands Little Tennessee.
With this last document, Wildlands is requesting the initial credit release of
• 463.98 Stream Mitigation Credits (Restoration/Enhancement)
• 1,339.30 Stream Mitigation Credits (Preservation)
• 0.26 Wetland Mitigation Credits
Please let me know if you need any further documentation.
Andrea
Andrea S. Eckardt I Ecological Assessment Team Leader
0: 704.332.7754 x101 M: 704.560.2997
Wildlands Engineering, Inc.
1430 S. Mint St, Suite 104
Charlotte, NC 28203
From: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil>
Sent: Monday, November 23, 2020 10:33 AM
To: Andrea Eckardt <aeckardt@wildlandseng.com>
Subject: RE: East Buffalo - Wildlands Little Tennessee - Endowment
Thanks Andrea, that will satisfy the UMBI requirement towards documentation of the establishment of the long-term
endowment/escrow
account. I'm assuming a financial assurance document and request for initial credit release will be coming shortly?
Regards,
Steve Kichefski
Regulatory Project Manager
U.S. Army Corps of Engineers
Wilmington District, Asheville Field Office
151 Patton Avenue, Suite 208
Asheville, NC 28801
(828)-271-7980 Ext. 4234
(828)-933-8032 cell
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0 to complete the survey online.
From: Andrea Eckardt <aeckardt@wildlandseng.com>
Sent: Friday, November 20, 2020 5:43 PM
To: Kichefski, Steven L CIV USARMY CESAW (USA) <Steven.L.Kichefski@usace.army.mil>
Subject: [Non-DoD Source] East Buffalo - Wildlands Little Tennessee - Endowment
Steve
Attached is a letter outlining Wildlands funding agreement with UP2Save for the long term stewardship and endowment
for the East Buffalo Mitigation Site and a copy of the first payment for the endowment. I am happy to send you
confirmation each year that the subsequent payments have gone out, if needed for your files.
Andrea
Andrea S. Eckardt I Ecological Assessment Team Leader
0: 704.332.7754 x101 M: 704.560.2997
Wildlands Engineering, Inc.
1430 S. Mint St, Suite 104
Charlotte, NC 28203