20061048 Ver 1_Emails_20050325

!~Bnffer Mitigation Banking and EMC Request
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Subject: Buffer Mitigation Banking and EMC Request
From: "Ward Marotti" <[e-mail]>
Date: Fri, 25 Mar 2005 09:31:37 -0500
To: "Cyndi Karoly" <[e-mail]>
CC: "Robert Goldstein" <[e-mail]>
Ms. Karoly:
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Pursuant to our conversation yesterday morning, I would like to meet with you and your staff to discuss two
projects. Both involve unique circumstances not addressed by existing rules.
Greene County Riparian Buffer Mitigation Bank
Greene Environmental Services, LLC of Snow Hill, NC contracted RJG&A to provide technical support and
oversight for two EEP riparian buffer restoration contracts in the Contentnea Creek Basin (USGS
Cataloging Unit 03020203). The full delivery restoration contracts were awarded to GES in 2002 and
2004. Both GES proposals offered more buffer restoration acreage than EEP requested, or accepted.
GES would like to establish a riparian buffer mitigation bank with the acreage not purchased by EEP. The
proposed bank acreage was planted concurrently with the EEP acreage and has been maintained and
monitored similarly. It is our hope that a buffer bank can be established and pre-approved restoration
credits can be offered to public and private clients, similar to USACE administered wetland banks. As I
indicated during our conversation, GES had preliminary discussions with Bob Zarzecki and John Dorney
and both seemed to be on board with the buffer banking concept.
Avon Sand Mine
The Avon Kinnakeet Sand Mine, LLC in Avon, NC (DLR permit # 28-16) contracted RJG&A to assist with
its permit modification application to expand its mine and impact 11.61 acres of nonriverine freshwater
wetlands. Ina 26 December 2002 correspondence. Mr. William Walker (USACEI indicated on the No
RJG&A staff met with Mr. William Wescott (Mr. Walker's successor at the USACE
Field Office) on 10 August 2004. Mr. Wescott concurs with Mr. Walker's findings.
This leaves us in a permitting conundrum. Since the Corps will not take jurisdiction over the activity we
cannot access the 404/401 process. Since the wetland is Corps-jurisdictional we cannot access permitting
through the isolated wetland rules (15A NCAC 2H .1300) administered by your office.
RJG&A met with John Dorney in June and followed up in August via telephone. Mr. Dorney indicated that
our only option to move the project forward was to request an exemption from North Carolina water quality
standards pursuant to 15 NCAC 02B .0226. He further indicated that the North Carolina Environmental
Management Commission's Water Quality Committee would likely seek concurrence from his (your) office
as a condition of the exemption, if it was granted. Since no rules exist for this type of situation, Mr. Dorney
indicated that following the isolated wetland rules would be appropriate.
RJG&A has completed a thorough mitigation alternative evaluation and determined that a combination of
on-site wetland restoration and preservation and payment to either the EEP fee in lieu of program or the
private Dismal Swamp Mitigation Bank would meet the isolated wetland requirements.
We are anxious to discuss these unique projects and get guidance from your office for navigating these
uncharted waters (and special aquatic sites, including wetlands).
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Buffer~,Mitigation Banking and EMC Request
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We will be available to meet on the following days in April: 1, 4-7, 12, 13 and 22. We would like to meet at
your earliest convenience.
I look forward to working with you and your staff as you adjust to your new responsibilities.
Best regards,
Ward Marotti, Biologist
Robert J. Goldstein & Associates, Inc.
8480 Garvey Drive
Raleigh, NC 27616
tel: [phone] or 800-407-0889
fax: [phone]
URL: www.rlgacarolina.com
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