19960975 Ver 1_Staff Comments_20070628

[Fwd: [Fwd: Re: Columbus County Airport]]
Subject: [Fwd: [Fwd: Re: Columbus County Airport]]
From: Ian McMillan <[e-mail]>
Date: Thu, 28 Jun 2007 14:42:47 -0400
To: [e-mail]
fyi, - I have been to the site. - Ian
Subject: [Fwd: Re: Columbus County Airport]
From: Stephanie Horton <Stephanie. Horton@ncmail. net>
Date: Thu, 28 Jun 2007 13:56:59 -0400
I q q CPoq -15
To: [e-mail], Tom Farrell <[e-mail]. mil>
CC: Tracy Rush <[e-mail]>
Hello Ian and Tom,
I want to confirm that you have agreed to the language in this proposed conservation easement
regarding vegetative cutting. The Airport has asked us to hold the easement, but this language is
something we would ordinarily not allow. They need to cut veg in this area to maintain visibility for
the planes. Can you provide your approved close-out documents for this on-site mitigation project, or
has it closed out yet?
Thanks very much in advance.
Tracy, if you have those docs, you can just FAX them to me & I'll let Ian and Tom know that I have
them.
Stephanie
919-715-1263
-------- Original Message --------
Subject:Re: Columbus County Airport
Date:Tue, 26 Jun 2007 13:25:13 -0400
From:Tracy Rush <trush(_Jhcarterinc.com>
To:Stephanie Horton <Stephanie.Horton(a,ncmail.net>
References: <OOO 0Ic78cea$a94e37e0$2a0Ia8c0@D6T6C82I> <4638DEA8.8070807(a,ncmail.net>
<OOOa01c78cf3$296a4380$2a0la8c0@D6T6C821> <4638F289.2060801(a,ncmail.net>
<000701c79882$3556cd40$2a0la8c0@D6T6C821> <464C5238.5010009(a)ncmail.net>
<000701c79c8b$348cac10$2a01a8c0@D6T6C821> <4676C2F4.5030502ncmail.net>
Stephanie:
Attached is the revised Conservation Easement document. The Columbus County lawyer updated the
legal description of the area. I think that the language below would work well for the airport site. Again,
they carved out the structure from the easement area but they still need to be responsible for its upkeep.
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Also attached is a photo of the water control structure. Its a simple flashboard riser with 2 boards
installed. Its needs to be kept at no more than 2 boards, which is enough to maintain the wetland area.
The Corps person is Tom Farrell - Wilmington District and the DWQ person that met us on-site a couple
years ago was Ian McMillan out of Raleigh.
The County has been asking me if they can pay the EEP fee prior to July 1 when the rates go up. I will
put them in contact with you concerning this issue.
Please let me know if you have any questions. You can also contact the Columbus County Airport
Director - Mr. Phill Edwards at 910-642-6187. E-mail Address: pedwardsCa?columbusco.orq
Thanks for your help.
Tracy
910-695-1043
----- Original Message -----
From: Stephanie Horton
To: Tracy Rush
Sent: Monday, June 18, 2007 1:37 PM
Subject: Re: Columbus County Airport
Tracy,
I've included an exerpt below from an agreement that we're planning to use on one of our golf course
projects. It's the first case where the landowner has agreed to maintain a water control structure
within one of our project areas. On this golf course, if for some reason the water control structure is
neglected, the result will be a clogged structure and natural succession will take the clogged structure
to a wetland swale, with good wetland function.
I'd like to talk to you about the specifics of the Columbus County water control structure when you
get back after the 26th. Our attorney still hasn't had a chance to review the language. I apologize for
the delay.
------Here's the draft language from the golf course. Would it work at the airport? Also, is there a
Corps or DWQ person that's familiar with the project?-------
STORMWATER WETLAND BMP MAINTENANCE
The Club, or subsequent owner, assumes responsibility for maintenance of the Stormwater wetland
(hereinafter "BMP") within the Easement.
Maintenance of the BMP includes:
• Inspecting the Flashboard Riser for debris after a rain event
• Removing any clogging vegetation in or around the Flashboard Riser
• Removal of dead vegetation if it is impeding the function of the BMP
• Removal of sediment in front of the forebay to maintain a water depth of 2.5'. No sediment
removed from the BMP shall be deposited into the Conservation Easement Area.
In addition to general BMP maintenance, trained Club personnel or subsequent owners or their
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personnel, will inspect the BMP annually for a minimum of 70% vegetative cover beginning one
year after the stream restoration project is complete. In the event that there is less than 70%
vegetative cover within the Easement area around the BMP, the Club is responsible for planting the
area with appropriate native vegetation. EEP will provide the Club with a list of appropriate species
at the end of project construction. Additionally, the Club and subsequent owners are responsible for
informing EEP of any problems associated with the BMP. The Club and subsequent owners will not
alter the intended purpose of the BMP in any way without prior written approval by EEP.
Stephanie
919-715-1263
Tracy Rush wrote:
Stephanie:
The County is taking care of carving the water control structure out of the easement area. Do we
need to add anything to the easement indicating that the County needs to maintain the structure?
If so, please let me know what it should say and where it should go...... or maybe your lawyer can
help with that. Thanks!
Tracy Rush
----- Original Message -----
From: Stephanie Horton
To: Tracy Rush
Sent: Thursday, May 17, 2007 9:01 AM
Subject: Re: Columbus County Airport
Tracy,
Sorry for the delay. Yes, please do have them carve the structure out of the easement area.
The easement boundary is required to be marked now. Did the surveyor do that the first
time? Thanks
Stephanie
919-715-1263
Tracy Rush wrote:
Stephanie:
Have you checked with your lawyer yet about the water control structure? The County
would like to have all of this resolved by the end of June (while they still have some money
in their budget!). I think they would agree to carving out the water control structure if it
would help move things along. Thanks for your help.
Tracy Rush
----- Original message -----
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[Fwd: [Fwd: Re: Columbus County Airport]]
From: Stephanie Horton
To: Tracy Rush
Sent: Wednesday, May 02, 2007 4:20 PM
Subject: Re: Columbus County Airport
Handling of this area is probably similar to our project sites where we have stormwater
best management practice areas that require maintenance by the landowner. I'll have to
check with our attorneys to see how we are handling those. They were "carved out"
(re-survey would be needed) in the past. I'll get back in touch with you asap.
Tracy Rush wrote:
Stephanie:
It would be difficult to carve it out without additional survey work. I think it would be
best to address it in the easement as the County's responsibility. I'm just not sure
under which section of the easement it should be addressed or perhaps it could be
addressed as an amendment to the easement?? Let me know what you think .... I'm
not a lawyer!
Thanks for your help.
Tracy
----- Original Message -----
From: Stephanie Horton
To: Tracy Rush
Sent: Wednesday, May 02, 2007 2:55 PM
Subject: Re: Columbus County Airport
Tracy,
Sorry, but we cannot take responsibility for the maintenance of the water control
structure.
Can it be carved out of the easement area?
Tracy Rush wrote:
Dear Ms. Horton:
Last year the EEP agreed to accept a Conservation Easement of a 14 acre
wetland mitigation site on the Columbus County Airport property (per Gail
Edwards - Columbus County). The County has finally finished the
Conservation Easement document using the State format (attached for your
review). This has been reviewed by the Corps of Engineers (Mr. Tom Farrell)
and verbally approved.
One issue that needs to be addressed is that the Easement Area contains a
small water control structure and berm which helps to keep the site wet. The
County feels that the EEP should be responsible for upkeep of the structure
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since the County is paying $397/acre for site management. Upkeep over the
past 5 years has basically involved making sure that there are 2 riser boards in
the structure to maintain the wetness of the site. Early in the mitigation
process the water control structure did wash out and had to be repaired. This
was the result of a large rain event (hurricane, I believe) and leaving more than
2 boards in the structure which did not allow enough water to pass through the
structure so the water eroded the soil around the structure. This issue has
been resolved by only allowing 2 boards in the structure and we have not had
any issues since. Please let us know if EEP is willing to take responsibility for
the water control structure since it is part of the Easement Area and where this
can be addressed in the easement document.
Please review the attached Conservation Easement document and let us know
if you have any questions. Thank you for your time.
Tracy Rush
Senior Biologist
Dr. J.H. Carter III & Associates, Inc.
[phone]
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