20001024 Ver 1_Staff Comments_20080701

[Fwd: Bear creek-Mill Branch Mitigation Bank /Release of Credits] ~~~~ ~~~' ~~ ~~~ [ ~2~~
Subject: [Fwd: Bear Creek-Mill Branch Mitigation Bank /Release of Credits]
From: Eric Kulz <[e-mail]>
Date: Tue, O1 Jul 2008 15:40:05 -0400
To: John Dorney <[e-mail]>, Tammy L Hill <[e-mail]>
John/Tammy:
This is in accordance with what the MBI says
the open water acreage.
looks OK to me. The withheld credits more than cover
Eric
Eric W. Kulz
Environmental Specialist
401 Oversight and Express Permitting Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
Phone: [phone]
Fax: [phone]
Subject: Bear Creek-Mill Branch Mitigation Bank /Release of Credits
From: "Lekson, David M SAW" <[e-mail]>
Date: Tue, 1 Ju12008 14:10:05 -0400
To: "John Dorney" <[e-mail]>, <[e-mail]>, "Eric Kulz"
<[e-mail]>, "Tammy L Hill" <[e-mail]>, <[e-mail]>,
"smtp-Sechler, Ron" <[e-mail]>, <[e-mail]>, <molly.ellwood@ncmaiLneV
CC: "Wescott, William G SAW" <[e-mail]>, "McLendon, Scott C
SAW" <[e-mail]>, "McCorcle, Justin P SAW"
<[e-mail]>
**********~**'~********************'~*MBRT RESPONSE
REQUESTED********~****~*****~**************~***~****~*
All,
Please reference the attached information and the email below. After further consideration and onsite
inspection, and pursuant to the mitigation banking instrument (MBI) governing this bank, I propose that we
formally release 75% of this bank's restoration credits. Per the MBI, 25% of this bank's credits will be held in
abeyance pending MBRT receipt of the additional information being collected by the bank sponsor and further
MBRT deliberation on the success of this project (see credit breakdown below).
Please provide your comments to me within two (2) weeks of your receipt of this email. I will then send
formal MBRT correspondence to the bank sponsor.
Thank you very much. If you have any questions, please call/email...
David
Credit breakdown including 25% hold-back:
1 of 5 8/20/2008 12:02 PM

[Fwd: Bear Creek-Mill Branch Mitigation Bank /Release of Credits]
Type Credits
Riverine Wetland Restoration 66 (See MBI Table 1. 88 credits @ 25% = 66 credits)
Riverine Wetland Enhancement 17
Riverine Wetland Preservation 60.6
deliberation]
TOTAL 143.6 credits [22 credits not released pending further MBRT
From: Lekson, David M SAW
Sent: Tuesday, March 11, 2008 10:20 AM
To: 'John Dorney'; '[e-mail]'; '[e-mail]'; '[e-mail]';
smtp-Sehhler, Ron; '[e-mail]'; '[e-mail]'
Cc: Wescott, William G SAW; McLendon, Scott C SAW; Walker, William T SAW
Subject: FW: Bear Creek MBRT Letter
importance: High
All,
Please reference the attached 05Mar08 letter from David Schiller, Restoration Systems (RS), in response to
the MBRT letter dated 25Feb08. The MBRT met with Restoration Systems on 20Feb2008 in an attempt to
quickly and quietly resolve issues related to bank credits and the proposed NCDOT impact to the bank property.
As referenced in Schiller's letter, RS feels that the work EcoScience undertook on 12Feb08 "most likely
overestimated the area of Open Water", listing three reasons on which they based this decision. However, I
note a glaring oversight in that RS failed to take into account the most severe drought experienced in this region
in over a century (see attached Drought Map for the period immediately prior to EcoScience's onsite).
Accordingly, I do not agree that the open water has been "overestimated". That said, RS proposes to
undertake more studies during the 2008 growing season. I have no problem with this and they are free to take
as much time as they wish to squeeze every ounce of credit out of the bank. However, let it be known that it is
RS's decision to delay resolution of these issues. Regarding RS's proposal for an "interim credit allocation and
release", I do not agree to this as we are all too busy to review and approve iterative, formal modifications of the
MBI. Additionally, don't forget that this bank is part_ of EEP's assets and this "interim release" would greatly
complicate EEP's management of its already complicated ledger. As stated in our 25Feb08 correspondence to
RS, it is recommended that all necessary information be submitted as one package to the MBRT to facilitate the
one-time modification of the mitigation banking instrument.
Regarding RS's proposal for dealing with the loss of 5.88 acres of bank property to the Goldsboro Bypass
Project, they did not give us much to work with. I am routing this through Wilmington District's Office of Counsel
for advice and will keep you posted.
Please consider the above and let me know if you concur. I will then send formal correspondence to
Restoration Systems documenting the MBRT position...
Thanks!
David
P.S. (Note to those on the NCDOT Team considering the US70 Bypass project, RS has taken a position that will
have implications on NCDOT's permit request.)
From: David Schiller [mailto:[e-mail]]
Sent: Thursday, March 06, 2008 3:02 PM
To: Lekson, David M SAW
Cc: George Howard; John Preyer; Randy Turner
2 of 5 8/20/2008 12:02 PM

[Fwd: Bear Creek-Mill Branch Mitigation Bank /Release of Credits]
Subject: Bear Creek MBRT Letter
Dave, attached is a copy of the letter you requested on the Bear Creek Mitigation Bank. I will put the original in
the mail to you, with copies to the appropriate folks. Let me hear from you if you have questions. Thanks, Dave
Schiller. 919-755-9490
3 of 5 8/20/2008 12:02 PM

[Fwd: Bear Creek-Mill Branch Mitigation Bank /Release of Credits]
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8/20/2008 12:02 PM

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