20001024 Ver 1_Staff Comments_20080707

Re: Bear Creek-Mill Branch Mitigation Bank /Release of Credits

Subject: Re: Bear Creek-Mill Branch Mitigation Bank /Release of Credits
From: John Dorney <[e-mail]>
Date: Mon, 07 Jul 2008 13:05:10 -0400
To: [e-mail]
CC: "Lekson, David M SAW" <[e-mail]>, Eric Kulz
<[e-mail]>, [e-mail], "McCorcle, Justin P SAW"
<[e-mail]>, "smtp-Sechler, Ron" <[e-mail]>,
"McLendon, Scott C SAW" <[e-mail]>, Tammy L Hill
<[e-mail]>, "Wescott, William G SAW"
<William.G. [e-mail]>
Dave's proposal sounds logical to me as well. thankx
[e-mail] wrote:
I agree with your suggestion.
Thanks and have a good week,
Kathy Matthews
USEPA - Region 4 Wetlands Section
109 T.W. Alexander Dr.
Durham, NC 27711
MAIL CODE: E143-04
phone [phone]
cell 919-619-7319
"No fast pace, no jaded attitude ... can erase all of the good you do."
Christine Kane
*"Lekson, David M SAW" <[e-mail]>*
07/01/2008 02:10 PM
To
"John Dorney" <[e-mail]>, Kathy Matthews/RTP/USEPA/US@EPA,
"Eric Kulz" <[e-mail]>, "Tammy L Hill" <[e-mail]>,
<Howard Hallc~fws.gov>, "smtp-Sechler, Ron" <ron.sechlerc~noaa.gov>,
<[e-mail]>, <[e-mail]> T
cc
"Wescott, William G SAW" <[e-mail]>, "McLendon,
Scott C SAW" <[e-mail]>, "McCorcle, Justin P SAW"
<[e-mail]>
Subject
Bear Creek-Mill Branch Mitigation Bank / Release of Credits
*************************************MBRT RESPONSE
REQUESTED**********************************************
1 of 3 7/8/2008 3:59 PM

Re: Bear Creek-Mill Branch Mitigation Bank /Release of Credits
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 25o hold-back
_ Type Credits_
Riverine Wetland Restoration 66 (See MBI Table 1. 88
credits @ 25% = 66 credits)
Riverine Wetland Enhancement 17
Riverine Wetland Preservation 60.6
TOTAL 143.6 credits [22
credits not released pending further MBRT deliberation]
*From:* Lekson, David M SAW
Sent:* Tuesday, March 11, 2008 10:20 AM*
To:* 'John Dorney'; '[e-mail]'; '[e-mail]';
'howard [e-mail]'; smtp-Sechler, 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
"overes,timated"_ 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
2 of 3 7/8/2008 3:59 PM

Re: Bear Creek-Mill Branch Mitigation Bank /Release of Credits
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:davec~restorationsystems.com]
Sent:* Thursday, March 06, 2008 3:02 PM*
To:* Lekson, David M SAW*
Cc:* George Howard; John Preyer; Randy Turner*
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 3 7/8/2008 3:59 PM