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