RES Withdrawal-Buffer Plan only

From:
Merritt, Katie
To:
Menefee -Dunn. Barbara A
Subject:
FW: [External] RE: DWR Receipt - Beaver Tail Buffer Mitigation Plan
Date:
Monday, September 11, 2023 3:26:21 PM
Please file the email thread below into LF:
Please file this email thread into the LF folder 2022-0451 version 2
File Name: RES Withdrawal -Buffer Plan only
Date:9/11/23
From: Merritt, Katie
Sent: Monday, September 11, 2023 3:24 PM
To: Benton Carroll <[e-mail]>
Cc: Jamey Mceachran <[e-mail]>; Polizzi, Maria <[e-mail]>; Davis, Erin
B CIV USARMY CESAW (USA) <[e-mail]>; Hartshorn, Blake
<[e-mail]>; Tugwell, Todd J CIV USARMY CESAW (US)
<[e-mail]>; Steve Kichefski <[e-mail]>
Subject: RE: [External] RE: DWR Receipt - Beaver Tail Buffer Mitigation Plan
Hey Ben,
DWR has received your response below and will update our records and electronic files accordingly.
Thank you for your prompt attention to this matter,
Katie
From: Benton Carroll <bcarrollna res.us>
Sent: Monday, September 11, 2023 3:07 PM
To: Merritt, Katie <katie.merrittCd)deq.nc.g_ov>
Cc: Jamey Mceachran <imceachranC54es.us>; Polizzi, Maria <maria.polizziCd)deq.nc.g_ov>; Davis, Erin
B CIV USARMY CESAW (USA) <Erin.B.Davis Co�usace.army.mil>; Hartshorn, Blake
<blake.hartshornCo�deq.nc.g_ov>; Tugwell, Todd J CIV USARMY CESAW (US)
<Todd.J.TugwellCo�usace.army.mil>; Steve Kichefski <Steven.I.kichefskiCar usace.army.mil>
Subject: [External] RE: DWR Receipt - Beaver Tail Buffer Mitigation Plan
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Katie,
Thank you for clarifying this process for me. Based on this feedback and anticipated timelines for
buffer viability RES would like to withdraw the buffer mitigation plan completely with the
understanding that we will not be able to resubmit for this project in the future.
RES does intend to move forward with the Stream and Wetland Mitigation Plan as submitted and
will provide hard copies to the attention of Maria Polizzi and Steve Kichefski in short order. If anyone

has any questions or needs anything else please let me know.
I appreciate your time coordinating this revised approach and apologize for an inconvenience the
revision has caused.
Ben Carroll, PE
Engineer
RES I res.us
Direct: 919.209.1077 Mobile: [phone]
-----Original Message -----
From: Merritt, Katie <katie.merrittC5�deq.nc.g_ov>
Sent: Monday, September 11, 2023 1:19 PM
To: Benton Carroll <bcarrollC54es.us>
Cc: Jamey Mceachran <imceachranPres.us>; Polizzi, Maria <maria.polizziPdeq.nc.gov>; Davis, Erin
B CIV USARMY CESAW (USA) <Erin.B.Davis Co�usace.army.mil>; Hartshorn, Blake
<blake.hartshornPdeq.nc.gov>; Tugwell, Todd J CIV USARMY CESAW (US)
<Todd.J.TugwelIPusace.army.mil>
Subject: [EXTERNAL] DWR Receipt - Beaver Tail Buffer Mitigation Plan
Hey Ben,
In response to DWR's receipt of the Beaver Tail Mitigation Plan (w/ Buffer Mitigation Plan in the
Appendix), please read the email below dated September 10, 2019 from Todd Tugwell with the
InterAgency Review Team/USACE. This email describes the process with which providers are
required to submit Mitigation Plans for combination projects (Joint Projects/Joint Mitigation Plans).
Ajoint project is one that includes both Federal credit types (Stream & Wetland) and State credit
types (Buffer & Nutrient Offset) within the same conservation easement boundary. A Joint
Mitigation Plan includes two Plans that act as one main plan: the 404/401 Mitigation plus the Buffer
Mitigation Plan.
Additionally, a Buffer Mitigation Plan has specific components that are required to be included in the
Buffer Mitigation Plan prior to submittal to DWR for review. One of the most important key
components of a Buffer Mitigation Plan is the "Site Viability Letter", which DWR has not issued for
this site at this time. RES has two options:
1) Withdraw the Joint Mitigation Plan from the IRT and resubmit it when you have all the
components for the Joint Mitigation Plan, which includes a complete Buffer Mitigation Plan in the
Appendix(with all its components).
2) Withdraw just the Buffer Mitigation Plan completely - this option will not allow RES to resubmit a
buffer mitigation plan in the future for this project.
Thank you for your attention to this matter. RES will need to provide DWR with a written response to

this email, acknowledging which of the two options above RES has chosen.
Katie
Katie Merritt
Nutrient Offset & Buffer Banking Coordinator
401 & Buffer Permitting Unit
North Carolina Department of Environmental Quality
Office: 919-707-3637
Work Cell: 919-500-0683
Website: https://deQ.nc.gov/about/divisions/water-resources/water-Quality permitting/401-buffer-
permitting-branch
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-----Original Message -----
From: Tugwell, Todd J CIV USARMY CESAW (US)<Todd.J.TugwellCo�usace.army.mil>
Sent: Tuesday, September 10, 2019 9:29 AM
Subject: [External] Coordinated Review of 404/401 Mitigation Plans and Buffer Mitigation & Nutrient
Offset Plans
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suspicious email as an attachment to report.spam(d)nc.gov<maiIto: report.spam(d)nc.g_ov>
0,
Please note that the District and DWR are moving to better coordinate the review process for
404/401 Mitigation Plans and Buffer Mitigation & Nutrient Offset Plans. This is an effort to ensure
that state and federal agencies are made aware of the different credit types and proposed activities
for sites under their review. Performance standards, monitoring and mitigation activities may be
different where different credits types are being generated. Including the Buffer Mitigation &
Nutrient Offset Plan as part of the overall 404/401 Mitigation Plan will encourage providers to be
accountable and transparent about their mitigation activities on site, and will require that they have
the entire site planned out for all their mitigation needs before submitting for agency review and
approval. General details about how the process will work are provided below. Basically, the review
process of buffer/nutrient offset sites by the DWR and 404/401 mitigation bank & DMS sites by the
Interagency Review Team (IRT) should run concurrently, and a copy of the Buffer Mitigation &

Nutrient Offset Plan should be included as an appendix to the 404/401 Mitigation Plan.
* Prospectus, draft and final mitigation plans should identify all credit types proposed (e.g., stream,
wetland, buffer & nutrient offset credits). The Buffer Mitigation & Nutrient Offset Plan is a separate
document from the 404/401 Mitigation Plan, but should be included as an Appendix to the 404/401
Mitigation Plan. Additionally, a figure/concept map should be included in the 404/401 Mitigation
Plan that shows where all state and federal credits/offsets are being generated.
* No change to IRT MBIs or UMBIs is anticipated, other than what is specifically mentioned above.
* No changes to the IRT review process for 404/401 Mitigation Plans is anticipated.
* The USACE & DWR already use the same Conservation Easement Template on projects where state
and federal mitigation is occurring, therefore no changes to that process is anticipated.
* IRT is not required to make comments on the Buffer Mitigation & Nutrient Offset Plan Appendix;
however, comments by the IRT will be considered by DWR if provided.
* DWR will submit comments on the Buffer Mitigation & Nutrient Offset Plan directly to the
provider. These comments will not be sent out to the IRT.
* The final approved Buffer Mitigation & Nutrient Offset Plan should be included as an appendix to
the final 404/401 Mitigation Plan.
Please let me know if you have any questions.
Thank you,
Todd TugwelI
Mitigation Project Manager
Wilmington District, US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
[phone] ext. 58
Email correspondence to and from this address may be subject to the North Carolina Public Records
Law and may be disclosed to third parties by an authorized state official.