20131140 Ver 1_USACE MP Comments_20131023

Strickland, 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: [phone]
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