Loading...
HomeMy WebLinkAbout20131140 Ver 1_USACE Correspondence_20131212Strickland, Bev From: Kulz, Eric Sent: Thursday, December 12, 2013 2:29 PM To: Strickland, Bev Subject: FW: Approval Letter: NCEEP Mitigation Plan- Pee Dee Stream / Montgomery County / SAW 2012 -01077 / EEP# 95350 (UNCLASSIFIED) Attachments: Approval Letter-Pee Dee_2012- 01077.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: Thursday, December 12, 2013 2:25 PM To: Baumgartner, Tim Cc: Crumbley, Tyler SAW; Tugwell, Todd SAW; Karoly, Cyndi; Kulz, Eric; ]ones, Scott SAW; Marella Buncick ( Marella Buncick(@fws.gov); McLendon, Scott C SAW; Cox, David R.; Wilson, Travis W.; 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) Subject: Approval Letter: NCEEP Mitigation Plan- Pee Dee Stream / Montgomery County / SAW 2012 -01077 / EEP# 95350 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Mr. Baumgartner, Attached is the approval letter for the Pee Dee Stream Restoration project, along with all the comments that were generated during the IRT's review of the project on the Mitigation Plan Review Portal. *Please note that this approves the Draft mitigation plan, but also identifies concerns with the plan that should be addressed in the Final mitigation plan. When the permit application is submitted for Nationwide Permit #27 authorization, a copy of this letter should be included along with a copy of the Final Mitigation Plan. Also, please ensure that the Final mitigation plan is posted to NCEEP's documents portal so that all members of the IRT have access to the Final plan. Please let me know if you have any questions about the process or the attached letter. 1 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403 -1343 REPLY TO ATTENTIONOF: 12 December, 2013 Regulatory Division Re: NCIRT Review and USACE Approval of the Pee Dee Stream Restoration Project Draft Mitigation Plan; SAW 2012 - 01077; EEP IMS 495350 Mr. Tim Baumgartner North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699 -1652 Dear Mr. Baumgartner: The purpose of this letter is to provide the North Carolina Ecosystem Enhancement Program (NCEEP) with all comments generated by the North Carolina Interagency Review Team (NCIRT) during the 30 -day comment period for the Pee Dee Stream Restoration Project Draft Mitigation Plan, which closed on 22 November, 2013. These comments are attached for your review. Based on our review of these comments, we have determined that no major concerns have been identified with the Draft Mitigation Plan. However, the minor issues with the Draft as discussed in the attached comment memo must be addressed in the Final Mitigation Plan. The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN) Application for Nationwide permit approval of the project along with a copy of this letter and a summation of the addressed comments. If it is determined that the project does not require a Department of the Army permit, you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the appropriate USACE field office at least 30 days in advance of beginning construction of the project. Please note that this approval does not preclude the inclusion of permit conditions in the permit authorization for the project, particularly if issues mentioned above are not satisfactorily addressed. Additionally, this letter provides initial approval for the Mitigation Plan, but this does not guarantee that the project will generate the requested amount of mitigation credit. As you are aware, unforeseen issues may arise during construction or monitoring of the project that may require maintenance or reconstruction that may lead to reduced credit. Thank you for your prompt attention to this matter, and if you have any questions regarding this letter, the mitigation plan review process, or the requirements of the Mitigation Rule, please call me at 919- 846 -2564. Sincerely, Digitally signed by r' CRUMBLEY.TYLER.AUTRY.10075 f 09975 Date: 2013.12.12 14:21:24 V - 05'00' Tyler Crumbley Regulatory Specialist Enclosures Electronic Copies Furnished: NCIRT Distribution List CESAW -RG /H. Wicker CESAW- RG -L /C. Wicker NCEEP /Tsomides 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* Digitally signed by —_ / _._ 7007509975YLER.AUTRY. Date: 2013.12.12 14:21:41 /g/ - 05'00' Tyler Crumbley Regulatory Specialist, Regulatory Division