20120396 Ver 1_USACE Correspondence_20121003

Strickland, Bev
From: Kulz, Eric
Sent: Wednesday, October 03, 2012 1:38 PM
To: Strickland, Bev
Subject: FW: Notice of Intent to Approve the Moores Fork Stream Mitigation Project Creek, Surry
County (SAW- 2011 - 02257) (UNCLASSIFIED)
Attachments: Moores Fork Stream Mitigation Plan Review Memo #2 20121003.pdf
For laserfiche 12 -0396
Eric W. Kulz
Environmental Senior Specialist
N.C. Division of Water Quality
Program Development Unit
1650 MSC
Raleigh, NC 27699 -1650
Phone: [phone] Please note this is a ne,,N- phone number effective May 10, 2012
Fax: [phone]
E -mail correspondence to and from this address may be subject to the North Carolina Public Records La-,N- and may be disclosed
to third parties
- - - -- Original Message---- -
From: Tugwell, Todd SAW [mailto: Todd. Tug-, ell a usace.army.mil]
Sent: Wednesday, October 03, 2012 1:22 PM
To: Matthe-, s, Monte K SAW; GibbSv, Jean B SAW; Marella Buncick (Marella_Buncick'ci'f s.gov) Fritz Rohde
(Fritz. Rohde'crnoaa.gov ) Basinger, Corey; Crumbles-, Tyler SAW; Karols, Cyndi; Cox, David R.; Kulz, Eric;
garnett.jeffres aepamail.epa.gow; Jurek, Jeff; Higgins, Karen; McLendon, Scott C SAW; Mcmillan, Ian; Pearce, Guy; Wilson,
Travis W.; Cahill, Julie; Mcdonald, Mike
Subject: Notice of Intent to Approve the Moores Fork Stream Mitigation Project Creek, Surry County (SAW- 2011 - 02257)
(UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
All,
The 30 -day comment review period for the Moores Fork Stream Mitigation Project Creek project closed on September 29,
2012. Please note that this ,vas the second revie-,v period following the disapproval and subsequent revision of the first version
of the Mitigation Plan. All ne-,N- comments that ,, ere posted on the Mitigation Plan Revie-,v Portal during the second revieN
process are attached for sour records. Additionally, comments can be revie- wed on the Mitigation Plan Revie-'v Portal. We have
evaluated the comments generated during the second revie-,v period, and it is our intent to approve this Mitigation Plan unless a
member of the NCIRT initiates the Dispute Resolution Process, described in the Final Mitigation Rule (33 CFR Section
332.8(e)). Please note that initiation of this process requires that a senior official of the agency objecting to the approval of the
mitigation plan (instrument amendment) notify the District Engineer by letter -within 15 days of this email (by COB on October
18, 2012). Please notify me if you intend to initiate the Dispute Resolution Process.
Prodded that -, e do not get any objections, I -will provide an approval letter to NCEEP at the conclusion of the 15 -day Dispute
Resolution -window. This approval -will also transmit all comments generated during the revie-,v process to NCEEP, and indicate
,,Nhat comments must be addressed in the Final Mitigation Plan. All NCIRT members -will receive a copy of this letter and all
comments for jour records.
Thanks for your participation,
Todd Tug-well

Special Projects Manager
Regulatory Division
Wilmington District
U.S. Army Corps of Engineers
11405 Falls of Neuse Road
Wake Forest, NC 27587
(919) 846 -2564
We -would appreciate Sour feedback on ho-w -, e are performing our duties. Our automated Customer Service Surrey is located
at: http:// per2. mvp.usace.army.mil /sur-,-ey.html Thank you for taking the time to visit this site and complete the survey.
- - - -- Original Message---- -
From: Tugvvell, Todd SAW
Sent: Thursday, August 30, 2012 1:00 PM
To: Monte Matthe- ws (Monte.K. Matthew -sla;savv- 02.usace.army. mil), Gibby, Jean B SAW, Marella Buncick
( Marella Buncick a fvv- s.go-,-) Fritz Rohde (Fritz. Rohde a noaa.gov) (Corey. Basingerldncdenr.gov) Crumbley, , Tyler SAW,
Cyndi Karoly (c5-ndi.karol5-'ci' ncdenr.go -,-) David Cox (da -,-id.cox'ci ncvv- ildlife.org), erie.kulz'crncdenr.gov,
garnett. jeffrey'depamail.epa.go-,- Jeff Jurek (jell jurek a ncdenr.gov) Karen Higgins (Karen. Higgins a ncdenr.gov) McLendon,
Scott C SAW, Mcmillan, Ian, Pearce, Guy, Travis Wilson ( traiis.vvilson'dncvv- ildlife.org), 'Cahill, Julie', 'Mcdonald, Mike'
Cc: Crumbles, Tv ter SAW
Subject: RE: Notice of NCEEP Mitigation Plan Revie-w - Moores Fork Stream Mitigation Project Creek, Surry County (SAW -
2011- 02257) (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
All,
The Moores Fork Stream Mitigation Project has been reposted, and vv-e are opening the comment period again (see below- for
dates). The same guidelines apply to the comment process as the first go- round. In an effort to expedite the process, please try
to provide comments early in the process, particularly- if there -were concerns that you identified the first time. I believe that
EEP and the provider have addressed our concerns through meetings held since the project -was disapproved, so unless there are
still outstanding concerns about the project, vv-e plan on approving this project at the end of the comment period.
Also included for you reference is an updated version (June 26, 2012) of the revie-w process guidelines.
Thanks, and let me know- if you have any questions.
Project Name: Moores Fork Stream Mitigation Project
County: Surn-
USACE ID: SAW- 2011 -02257
30 -Day Comment Start Date: August 30, 2012 30 -Day Comment Deadline: September 29, 2012
- - - -- Original Message---- -
From: Tug-well, Todd SAW
Sent: Thursday, April 12, 2012 10:28 AM
To: Monte Matthe- ws (Monte.K. Matthew -sla;savv- 02.usace.army. mil), Gibby, Jean B SAW, Marella Buncick
( Marella Buncick a fvv- s.go-,-) Fritz Rohde (Fritz. Rohde a noaa.gov) (Corey. Basingerldncdenr.gov) Crumbley, , Tyler SAW,
Cyndi Karoly (cyndi.karoly'crncdenr.go -,-) David Cox (da -,-id.cox'ci ncvv- ildlife.org), erie.kulz'crncdenr.gov,
garnett. jeffrey'depamail.epa.go-,- Jeff Jurek (jell jurek a ncdenr.gov) Karen Higgins (Karen. Higgins a ncdenr.gov) McLendon,
Scott C SAW, Mcmillan, Ian, Pearce, Guy, Travis Wilson ( traiis.vvilson'dncvv- ildlife.org), Wrenn, Brian
Subject: Notice of NCEEP Mitigation Plan Revie-w - Moores Fork Stream Mitigation Project Creek, Surry County (SAW -2011-
02257) (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
All,

The belo-w referenced Draft Mitigation Plan has been posted by NCEEP on the Mitigation Plan Review Portal. Per Section
332.8(g) of the 2008 Mitigation Rule, this revie-w period -will remain open for 30 calendar days from this email notification.
Please post comments by 5 PM on the 30 -day comment deadline sho- wn belo- w. When posting comments, please indicate if
your concerns are great enough that you intend to initiate the Dispute Resolution Process described in Section 332.8(3) of the
Mitigation Rule. Comments posted after the 30 -day comment deadline (shoe -n belo-) may not be considered. This comment
period may be extended at the request of NCEEP if they determine that additional time is necessary to make changes to the
Draft Mitigation Plan. Please note that NCEEP may also post response to the comments on the portal, as -well.
At the conclusions of this comment period, notification -will be prodded to NCEEP and the NCIRT of the District Engineer's
intent to approve or disapprove this project. More information, including instructions to access and use the portal, and a floe-
chart detailing the process are included in the document attached to this email notice.
NCEEP Mitigation Plan Revie-w Portal Address: http: / /portal.nedenr.org/ group /eep- irt/mitigation- plan- re-,ieNN-
Project Name: Moores Fork Stream Mitigation Project
County: Surn-
30 -Day Comment Start Date: April 12, 2012 30 -Day Comment Deadline: May 11, 2012
Questions may be addressed to Todd Tug-well -with the U.S. Army Corps of Engineers at the address and number belo- w.
Todd Tug-well
Special Projects Manager
Regulatory Division
Wilmington District
U.S. Army Corps of Engineers
11405 Falls of Neuse Road
Wake Forest, NC 27587
(919) 846 -2564
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE
Classification: UNCLASSIFIED
Caveats: NONE

REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403 -1343
CESAW- RG /Tugwell October 3, 2012
SUBJECT: NCIRT Comments During 30 -day Mitigation Plan Review
Purpose: The comments and responses listed below were posted to the NCEEP Mitigation Plan
Review Portal during the 30 -day comment period in accordance with Section 332.8(8) of the
2008 Mitigation Rule.
NCEEP Project Name: Moores Fork Stream Mitigation Project, Surry County, NC
30 -Day Comment Deadline: September 29, 2012 (Second Review Period)
1. Eric Kulz, NCDWQ, August 29, 2012:
• The revisions to the technical part of the proposal are acceptable to DWQ. DWQ still
does not feel that the plan adequately justifies increased E1 and E2 ratios based on the
descriptions of the proposed activities and potential uplift described in Table 4a and the
report text. DWQ will defer to the chair of the IRT for the final decision on credit yield
for this project.
Response by Julie Cahill, NCEEP, September 26, 2012: This is addressing Eric Kulz comment
on 8/29/12, EEP is not proposing any ratios relative to treatments /uplifts that weren't
agreed to during the 7/13/12 Moores Fork IRT meeting.