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Home My WebLink About20130595 Ver 1_Emails_20151102Baker, Virginia From: Haupt, Mac Sent: Monday, November 02, 2015 4:20 PM To: Baker, Virginia Subject: RE: IRT Site Visit Request_Upper Silver Creek_ DMS Project # 94645 - Non - Riparian WMU reclassification - USACE Action ID 2010 -02157 (UNCLASSIFIED) Actually, the wetland which Todd and I agreed was non - riparian was not on the map they gave us (in the brief proposal Todd attached) ... We probably should get a map from Scott King showing that wetland. - - - -- Original Message---- - From: Baker, Virginia Sent: Monday, November 02, 2015 4:14 PM To: Haupt, Mac <mac.haupt @ncdenr.gov> Subject: RE: IRT Site Visit Request_Upper Silver Creek_ DMS Project # 94645 - Non - Riparian WMU reclassification - USACE Action ID 2010 -02157 (UNCLASSIFIED) Ok, which was the second smaller area? The .17 WMU northern restoration and .04 enhancement area on the map? thanks - - - -- Original Message---- - From: Haupt, Mac Sent: Monday, November 02, 2015 3:55 PM To: Baker, Virginia <virginia.baker @ncdenr.gov> Subject: FW: IRT Site Visit Request_Upper Silver Creek_ DMS Project # 94645 - Non - Riparian WMU reclassification - USACE Action ID 2010 -02157 (UNCLASSIFIED) Ginny, Todd's email below pretty much covers it... We really did not focus on the stream, just the non - riparian wetland proposal... ►fM - - - -- Original Message---- - From: Tugwell, Todd SAW [ mailto :Todd.Tugwell @usace.army.mil] Sent: Wednesday, October 28, 2015 9:48 AM To: Wiesner, Paul <paul.wiesner @ncdenr.gov >; Hughes, Andrea W SAW < Andrea.W.Hughes @usace.army.mil> Cc: King, Scott <Scott.King @mbakerintl.com >; Byers, Jake <JByers @mbakerintl.com >; Micky Clemmons (Mclemmons @mbakerintl.com) <Mclemmons @mbakerintl.com >; Reid, Matthew <matthew.reid @ncdenr.gov >; Baumgartner, Tim <tim.baumgartner @ncdenr.gov >; Haupt, Mac <mac.haupt @ncdenr.gov> Subject: RE: IRT Site Visit Request_Upper Silver Creek_ DMS Project # 94645 - Non - Riparian WMU reclassification - USACE Action ID 2010 -02157 (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Paul, I have had a chance to look over the past correspondence regarding the Upper Silver Creek site to review the question regarding riparian vs. non - riparian. I was able to track down my field notes from our initial visit to the site on Aug. 19, 2010. 1 don't have anything in my notes specifically related to the question of riparian wetlands in those notes. I cannot imagine that at that meeting we agreed that there would be non - riparian wetlands on the site, particularly in the first area we looked at, but I could see that we would agree to riparian, non - riverine wetlands. At that time, we were addressing the issue of how to determine riparian and non - riparian wetlands according to NC WAM, and as I noted yesterday, NC WAM is pretty clear about the issue. I also reviewed the correspondence related to the approval of the mitigation plan, and that is clear. Both NC DWQ (Eric Kulz) and Tyler commented that the wetlands should be considered riparian, and Baker made the change in the final mitigation plan to reflect this. Interestingly, my field notes from the on -site meeting in 2010 indicate that we had originally told Baker and EEP that we believed that there should be no restoration of wetlands on the site, only creation and enhancement (in areas that were already JD). I'm not sure when this changed, but perhaps it was at the JD review meeting on Feb. 3, 2011. In either case, I think given the record that we have and the concerns that the mitigation we are getting match the type of wetlands that are being impacted, we believe that the wetlands that we first reviewed (those shown on the attached map) need to remain classified as riparian wetland per the final mitigation plan. I'm sorry this presents a problem for Baker, but perhaps you can address this on the contracting side by amending the contract - I don't believe that reclassifying wetlands to reflect a credit type that is inconsistent with our current approach is the proper way to fix what is essentially a contracting problem. With regard to the second smaller wetland area we reviewed, Mac and I agreed that this area is probably out of the geomorphic floodplain and could be classified as a seep per NC WAM. Because of this, we would not object to reclassifying this area as a non - riparian wetland. Please note that this is a decision specific to this case only and should not be considered as setting a precedent. My view is that once we have agreed on an approach through the mitigation plan approval process, we all need to stick to that approach. Please let me know if you have any questions. Todd Tugwell Special Projects Manager Wilmington District, US Army Corps of Engineers 11405 Falls of the Neuse Road Wake Forest, NC 27587 Office: 919 - 846 -2564 Mobile: 919 - 710 -0240 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at http: / /corpsmapu .usace.army.mil /cm_apex /f ?p= 136:4:0 to complete the survey online. - - - -- Original Message---- - From: Wiesner, Paul [ mailto:paul.wiesner @ncdenr.gov] Sent: Tuesday, October 13, 2015 12:44 PM To: Tugwell, Todd SAW; Hughes, Andrea W SAW Cc: King, Scott; Byers, Jake; Micky Clemmons (Mclemmons @mbakerintl.com); Reid, Matthew; Baumgartner, Tim Subject: [EXTERNAL] IRT Site Visit Request_Upper Silver Creek_ DMS Project # 94645 - Non - Riparian WMU reclassification - USACE Action ID 2010 -02157 Todd and Andrea, Please see the attached wetland WMU credit modification request. The Upper Silver creek project is a non - instrument project as it was instituted on 6/29/10; however, the mitigation plan was reviewed by the IRT on the DMS review portal per the current protocol. Project information is as follows: Upper Silver Creek Stream and Wetland Project IMS# 94645 Full Delivery Catawba River Basin Cataloging Unit 03050101 Burke County Mitigation Plan Assets: SMUs: 4,924; WMUs: 4.26 Final Mitigation Plan Location: Blockedhttp: // portal. ncdenr. org /c/ document _library /get_file ?p_l_id = 60409 &folderld = 7037682 &name= DLFE- 89821.pdf Full Delivery Provider: Michael Baker International Designer: Michael Baker International Designer PM: Scott King (LSS & PWS), scott.king @mbakerintl.com, 919 - 481 -5731 DMS PM: Mathew Reid, matthew.reid @ncdenr.gov, 828 - 231 -7912 Baker and DMS are requesting a 0.78 WMU change from Riparian to Non - Riparian credit based on the attached justification. The draft As -built Baseline MYO report is on HOLD until this issue is resolved. Pending an agreeable outcome, a brief mitigation plan addendum would be submitted to the IRT and the MYO report would be finalized with the proposed revised assets. DMS and Baker would like to schedule a site visit with the IRT at your earliest convenience to discuss and resolve the request. My understanding is that the remaining 2015 "open" IRT days have already been scheduled, so we would request the earliest date that is agreeable to the IRT. Thanks in advance and please let me know if you would like any additional information prior to scheduling a site visit. Paul Wiesner Western Project Management Supervisor NCDEQ- Division of Mitigation Services 5 Ravenscroft Dr., Suite 102 Asheville, NC 28801 (828)273 -1673 Mobile 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. From: King, Scott [ mailto :Scott.King @mbakerintl.com] Sent: Monday, October 12, 2015 5:48 PM To: Wiesner, Paul <paul.wiesner @ncdenr.gov> Cc: Byers, Jake <JByers @mbakerintl.com >; Clemmons, Micky <Mclemmons @mbakerintl.com> Subject: Upper Silver Creek Non - Riparian WMU reclassification request Good evening Paul, Please accept the attached document as Baker's formal request for the reclassification of WMU credits from Riparian to Non - Riparian for the Upper Silver Creek Restoration project. We would also like to schedule an on -site field meeting with the IRT at their convenience to discuss the issue further and present our case in person. Pending an agreeable outcome at that meeting, we would pursue a Mitigation Plan Addendum to address the changes to the WMU credits. Thank you very much for your time and consideration on this matter Paul, it is greatly appreciated! Sincerely, Scott Scott King, LSS, PWS I Environmental Specialist I Ecosystem Restoration Group I Michael Baker International 8000 Regency Parkway - Suite 600, Cary, NC 27518 1 [Office] 919-481-57311 [Fax] 919 - 463 -5490 scott.king @mbakerintl.com < mailto :scott.king @mbakerintl.com> I Blockedwww.mbakerintl.com < Blockedhttp : / /www.mbakerintl.com /> Classification: UNCLASSIFIED Caveats: NONE