20010318 Ver 1_Easement question_20160502

Baker, Virginia
From:Ward, Garcy
Sent:Monday, May 02, 2016 10:29 AM
To:Chapman, Amy; Baker, Virginia; Higgins, Karen
Cc:Haupt, Mac; Homewood, Sue
Subject:RE: Easement question
The boardwalk will be raised on piles and the Corps does not consider pile supported structures as fill so there are no
wetland impacts associated with the project. The Corps is having to modify their permit because they had a specific
condition prohibiting structures of any kind within the mitigation area. We didn’t have that language in our 401 and
because there are technically no impacts, I didn’t feel a modification of our permit was required. The boardwalk will be
60’ L x 5’ W wide for a total area of 300 sq ft and most of it will be 7 ‘ off the ground so shading shouldn’t be a factor
either.

Garcy Ward
Environmental Senior Specialist
Division of Water Resources
North Carolina Department of Environmental Quality

252-946-6481
[e-mail]

943 Washington Square Mall
Washington, NC

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third parties.

From: Chapman, Amy
Sent: Friday, April 29, 2016 1:34 PM
To: Baker, Virginia <[e-mail]>; Higgins, Karen <[e-mail]>
Cc: Ward, Garcy <[e-mail]>; Haupt, Mac <[e-mail]>; Homewood, Sue
<[e-mail]>
Subject: Re: Easement question

No MOU is needed. Depending on the impacts, it could require a mod of the 401, but if Garcy doesnt' think it
does, I trust his judgement.

Amy Chapman

Supervisor

Transportation Permitting Unit

Wetlands Branch

Department of Environmental Quality
1

919-707-8784 office

[e-mail]

th
512 N Salisbury Street, 12 Floor

1617 Mail Service Center

Raleigh, NC 27699-1617

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From: Baker, Virginia
Sent: Friday, April 29, 2016 12:45 PM
To: Chapman, Amy; Higgins, Karen
Cc: Ward, Garcy; Haupt, Mac; Homewood, Sue

Subject: Easement question

Hi Amy and Karen,

DOT will be impacting an existing DOT on-site mitigation site to build a board walk from CSI (a college) to the Mateo
campus so students to access the two campus locations safely and avoid busy roads. The boardwalk is a very minor
impact, .03 ac so DOT plans to remove some fill along an old road bed adjacent to the existing easement on WRC
property, this will change the easement boundary. Since these are minor impacts and there is a realistic safety concern
both ACOE and DWR are alright with DOT moving ahead on their plans. The ACOE will need to do a permit modification
as conditions prohibit any kind of building in the easement. Our permit conditions had nothing regarding future impacts
to the easement. Since this is a permit mod and for a very minor amount Garcy said we would not need a new permit.
Travis Wilson of WRC was asking if a MOU would be needed between ACOE and WRC as well as ACOE and DWR. We
told him it was probably not necessary since we would not need a permit modification ourselves and a new DWR permit
would not be triggered by the ACOE. Please let Garcy and I know if our assumption of not needing an MOU is correct.

I had always assumed that a conservation easement, but definition, did not allow any building of boardwalks or impacts
and therefore added language in our permit conditions was not necessary, is this true? The few times impacts to a
conservation easement have come up the ACOE has decided whether it would be allowed or not and what the
replacement ratio would be. Currently, there is a potential impact to another onsite-DOT that might happen for a
Division 10 and another DMS site that may get impacted by a DOT road in Wake Forest. I have not been here long
enough to see how things are handled within DWR as far as our permitting goes and how we handle changes to
easement boundary as far as permits/MOU go.

Ginny Baker

Transportation Permitting Unit

NCDEQ-Division of Water Resources

1650 Mail Service Center

Raleigh, NC 27699-1650

Phone-[phone], Fax-[phone]

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