STATEMENT OF ISSUE: On December 24, 2012, Emerald Corridor, LLC submitted a Prospectus for the proposed Emerald Corridor Mitigation Bank project. The proposal is to restore, enhance and preserve approximately 7.3 miles of stream within the Proctor Creek Watershed, in the City of Atlanta, Fulton County, Georgia.

BACKGROUND: On April 10, 2013, Savannah District published the Public Notice for the Prospectus document. On July 22, 2013, Savannah District provided a letter to the applicant which transmitted all comments received during the Public Notice comment period. This letter also highlighted Savannah District’s concerns regarding the Prospectus, which included the following list of items: the proposal of establishing a non-standard urban service area (see attachments); the proposal to use Best Management Practices to generate stream credits; and the lack of information regarding whether areas of the proposed bank were acquired as a condition under the U.S. Environmental Protection Agency’s (USEPA) consent decree (associated with the City of Atlanta’s Combined Sewer Overflows). The applicant provided a letter, dated October 29, 2013, only responding to Savannah District’s comments. The applicant provided an additional letter on November 21, 2013, responding to USEPA’s comments. As a result of the applicant’s responses, the USEPA scheduled a meeting with the applicant on January 28, 2014, to discuss the way forward. Both Savannah District and the City of Atlanta were in attendance.

On November 18, 2014, the applicant provided responses to the concerns raised by the Savannah District and the comments received in response to the Public Notice. Following review of this information, Savannah District provided the applicant with a letter dated January 30, 2015, indicating seven remaining issues that need to be addressed. The District also advised that we still have reservations regarding the potential for any in-stream activities in Proctor Creek to be successful due to the periodic high flows that occur in Proctor Creek and unknown potential impacts to flows that may result from one of the many other projects being proposed in the watershed.

CURRENT STATUS: Savannah District is currently awaiting the applicant’s response to our January 30, 2015, letter.

DISTRICT POC: Justin Hammonds, Regulatory Division, (678) 804-5227