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HomeMy WebLinkAbout20021105 Ver 1_Email_20100727z- ,i /NCDWQ permit modification discrepancy Subject Re NCDWQ permit modification discrepancy From Sue Homewood <Sue Homewood @ncmail net> Date Mon 03 Oct 2005 14 11 10 0400 To Susan Thebert <sthebert@dot state nc us> Susan I tried to do some research on this situation I couldn t find any history that indicated why the DWQ permit writer at the time used the condition they used But I have to assume they had reasons Although DWQ and the USACE try to do our best in writing permits that coincide there are times where the agencies each feel something different is needed In those cases NCDOT will have different permit conditions to adhere to between the two permits This is dust one of those times You can see if the USACE will accept the more stringent and detailed report that DWQ requires to satisfy their condition but I am not comfortable modifying this condition in the DWQ issued permit Please keep in mind for the future that it never hurts to ask and that I try to look at each and every project individually If you find out any more detailed information from Eric when he returns feel free to let me know Sue On 9/23/2005 7 36 AM Susan Thebert wrote Sue I am out in the field today (Fri 9/23) I have a question about the permit modification issued by NCDWQ on Mar 4 2003 for the Proposed upgrade and connector to Cook Rd (SR1311) from US 70 to NC 100 in Alamance County WQC Project No 021105 My question concerns item no 13 From the permit modification it reads as 13) The relocated stream from Station L 12 +20 to Station L 13 +80 shall adhere to the following monitoring protocols (listed below) until NCDWQ approves the submitted monitoring reports and releases the site from the monitoring requirements Stream Geomorphological Assessment The stream shall be monitored for a duration of 5 years from the end of construction (channel modifications and vegetation planted) The data shall be collected and submitted to the NCDWQ and the US Army Corps of Engineers in the 1st 3rd 5th years after construction I stopped here but the permit conditions continue The US Army Corps of Engineers permit requires us for the same project to d The permittee shall visually monitor the vegetative plantings on all mitigation stream banks to assess and insure complete stabilization of the mitigation stream segments This monitoring shall include adequate visual monitoring of planted vegetation quarterly for a minimum of 2 years after final planting The NCDWQ requires monitoring for 5 year and the US Army Corps of Engineers requires 2 year Is it possible to do one of these conditions to satisfy both agencies? I talked with Todd Tugwell with the US ACOE and he told me it was Eric Alsmeyer s project Todd would not change his agencies 1 of 2 10/3/2005 2 11 PM Re NCDWQ permit modification discrepancy position right now and said he would leave him (Eric) a message about the discrepancy for him to review when he returns What is your position? Would the NCDWQ change their requirements to match the USACOE requirements? I will try to call you on Monday I 11 be back in the office then Thank you so much Susan Thebert (919) 715 -1461 Sue Homewood <Sue Homewood(a,NCmail net> W SRO NC DENR 2 of 2 10/3/2005 2 11 PM RE U 3110 (Cook Road Alamance County) mitigation discrepancy Subject RE U 3110 (Cook Road Alamance County) mitigation discrepancy Action ID 199700602 From "Alsmeyer Eric C SAW <Eric C Alsmeyer @saw02 usace army mil> Date Mon 24 Oct 2005 11 09 30 0400 To Susan Thebert <sthebert@dot state nc us> CC "Thomas John T JR SAW" <John T Thomas JR @saw02 usace army mil> "Sue Homewood \(E mail \)" <Sue Homewood @ncmail net> "Tugwell Todd J SAW" <Todd J Tugwell @saw02 usace army mil> Susan John Thomas has been handling permit compliance issues for this project and will continue to do so so I talked to him about this The required monitoring in my permit was the standard that I was requiring at the time Soon after I issued that one our stream mitigation guidelines came out which have much more intensive requirements (still quarterly) for five years Neither John nor I think it is appropriate to change the mitigation monitoring requirement particularly since the required quarterly monitoring will catch any stabilization problems that develop within a 3 -month period and give the opportunity to deal with them before they cause mayor changes to the stream form As Sue H mentioned in her e -mail we try to be consistent with DWQ s requirements when we can but sometimes we are just looking for different things Please call if you have any other questions or need clarification Eric Alsmeyer Project Manager US Army Corps of Engineers Raleigh Regulatory Field Office Tel (919) 876 -8441 ext 23 Fax (919) 876 -5823 - - - -- Original Message---- - From Susan Thebert [mailto sthebert @dot state nc us] Sent Friday October 07 2005 10 09 AM To Alsmeyer Eric C SAW Subject U -3110 mitigation discrepancy Eric I talked with Todd Tugwell while you were out about the mitigation discrepancy between the USACE and the DWQ requirements for stream mitigation of U -3110 Action ID 199700602 He said that it was your project and to ask you about it when you return I also talked with Sue Homewood from DWQ about the discrepancy I have sent an attachment with Sue s response to this question Please let me know why the USACE has different conditions for stream mitigation than the DWQ My specific question is why the USACE requires quarterly monitoring for 2 years and the DWQ requires 1st 3rd and 5 yr monitoring? Would your agency be willing to change their conditions to match the DWQ conditions? Please let me know Thank you Susan Thebert 1 of 3 11/2/2005 3 27 PM