Loading...
HomeMy WebLinkAbout20131140 Ver 1_USACE MP Comments_20131023Strickland, Bev From: Kulz, Eric Sent: Tuesday, November 26, 2013 8:37 AM To: Strickland, Bev Subject: FW: Pee Dee- Intent to Approve with Comments- NCEEP Mitigation Portal Plan Review -Pee Dee Stream Site / Montgomery County / (SAW- 2012 - 01077) (UNCLASSIFIED) Attachments: Pee Dee Mitigation Plan Comment Memo.pdf 13 -1140 Eric W. Kulz Environmental Senior Specialist 401 and Buffer Permitting Unit NCDENR - Division of Water Resources - 1650 MSC Raleigh, NC 27699 -1650 Phone: (919) 807 -6476 Water Quality Permitting Section 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: Crumbley, Tyler SAW [ mailto: Tyler.Crumbley(@usace.army.mil] Sent: Monday, November 25, 2013 4:54 PM To: Karoly, Cyndi; Kulz, Eric; ]ones, Scott SAW; Marella Buncick ( Marella Buncick(@fws.gov); McLendon, Scott C SAW; Cox, David R.; Wilson, Travis W.; Baumgartner, Tim; Pearce, Guy; Ellis, Eric; Sollod, Steve; bowers.todd(@epa.gov; Matthews, Kathryn; Emily ]ernigan(@fws.gov; Mcdonald, Mike; Wicker, Christine W SAW; Beter, Dale E SAW; Wicker, Henry M ]R SAW; Smith, Ronnie D SAW; fritz.rohde(@noaa.gov; Henson, Belinda; Tsomides, Harry; Grant Ginn (gginn(@wolfcreekeng.com); Norton Webster (norton(@ebxusa.com) Cc: Crumbley, Tyler SAW; Tugwell, Todd SAW Subject: Pee Dee- Intent to Approve with Comments- NCEEP Mitigation Portal Plan Review -Pee Dee Stream Site / Montgomery County / (SAW- 2012 - 01077) (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE All, The 30 -day comment review period for the Pee Dee Stream Restoration Project (SAW 2012 - 01077)(EEP# 95350), closed on 22 November, 2013. All comments that were posted on the Mitigation Plan Review Portal during the review process are attached for your records. Additionally, comments can be reviewed on the Mitigation Plan Review Portal (utilizing the excel option). We have evaluated the comments generated during the review period, and determined that the concerns expressed during the review are generally minor and can be addressed in the final mitigation plan. Accordingly, 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 10 December, 2013 *. Please notify me if you intend to initiate the Dispute Resolution Process. 1 Provided that we do not get any objections, we 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 review process to NCEEP, and indicate what comments must be addressed in the Final Mitigation Plan. All NCIRT members will receive an electronic copy of the letter and all comments for your records. Thanks for your participation, Tyler Crumbley 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 N REPLY TO ATTENTION OF: DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 CESAW -RG /Crumbley 22 November, 2013 MEMORANDUM FOR RECORD SUBJECT: Pee Dee- NCIRT Comments During 30 -day Mitigation Plan Review PURPOSE: The comments listed below were posted to the NCEEP Mitigation Plan Review Portal during the 30 -day comment period in accordance with Section 332.8(g) of the 2008 Mitigation Rule. NCEEP Project Name: Pee Dee Stream Restoration Project, Montgomery County, NC USACE AID #: SAW- 2012 -01077 NCEEP #: 95350 30 -Day Comment Deadline: 22 November, 2013 1. T. Crumbley, USACE, 22 November, 2013: • Any impacts (eg. filling, draining, converting) to current waters of the U.S. (streams, wetlands and open waters) must be accounted for and discussed in the Pre - Construction Notification and the loss or conversion of those waters must be replaced on -site. (the conversion of ponds to stream is considered an impact, but the functional uplift provided allows for this conversion to be conducted under NWP 27. These impacts do, however need to be accounted for in the PCN and the functional uplifts described in detail). • Please submit the USACE Jurisdictional Determination documents within the Final Mitigation Plan. Pg. 32. The credit release schedules include both Forested and Non - Forested wetlands. If no wetland credits are being proposed, please remove these schedules from the mitigation plan. Section 9, pgs. 43 and 44, Performance Standards and Monitoring Requirements: It is stated that the Performance Standards will be consistent with the USACE 2003, but additional District /EEP guidance must also be adhered to. Specifically the "Ecosystem Enhancement Program Monitoring Requirements and Performance Standards for Stream and Wetland Mitigation" Dated November 7, 2011. (Section IV C.) *All monitoring and performance standard requirements need to comply with this EEP /District guidance unless the project was instituted prior to the release of this guidance* /s/ Tyler Crumbley Regulatory Specialist, Regulatory Division