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Home My WebLink About20121083_RE_ _External_ FW_ Division 11 projects voided-last_20200617Wanucha, Dave From: Harmon, Beth Sent: Wednesday, June 17, 2020 1:18 PM To: Wanucha, Dave; Hining, Kevin J; Beckwith, Loretta A CIV USARMY CESAW (USA) Cc: Matthews, Monte K CIV USARMY CESAW (USA); Fitzpatrick, Linda F Subject: RE: [External] FW: Division 11 projects voided -last • • 11' • • • .and associatedfrom our data. Beth Harmon NCDOT Coordinator Division of Mitigation Services Department of Environmental Quality 919-707-8420 office b�.tlh.Ihirm�cau�..a7u�cdeu�ir.gov 1652 Mail Service Center Raleigh, North Carolina 27699-1652 Erna d correspondence to rid frogn this address is , ubiecd to the d i"dd? Carolina Public Records Law and inay be disclosed to third panics, From: Wanucha, Dave Sent: Wednesday, June 17, 2020 12:46 PM To: Hining, Kevin J <kjhining@ncdot.gov>; Beckwith, Loretta A CIV USARMY CESAW (USA) <Loretta.A.Beckwith@usace.army.mil>; Harmon, Beth <beth.harmon@ncdenr.gov> Cc: Matthews, Monte K CIV USARMY CESAW (USA) <Monte.K.Matthews@usace.army.mil>; Fitzpatrick, Linda F <Iffitzpatrick@ ncdot.gov> Subject: RE: [External] FW: Division 11 projects voided Sound like a plan. I'll void the referenced projects from our files. Mitigation was not required by DWR so the mitigation issue is moot. Thanks again Kevin. Dave W. Division of Water Resources 401 & Buffer Transportation Permitting NC Department of Envirionmental Quality 336-776-9703 office 336-403-5655 mobile veVWdnucha(_n_cd nr.:. NC DEQ Winston Salem Regional Office 450 West Hanes Mill Road, Suite 300 Winston Salem, NC 27106 Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public during this challenging time. From: Hining, Kevin J <k`hinin (ncdtev_> Sent: Wednesday, June 17, 2020 11:51 AM To: Beckwith, Loretta A CIV USARMY CESAW (USA) <Loretta A.Beck Beckwith Harmon, Beth _r <beth.harmon(�ncdnnr..gov>; Wanucha, Dave <dave.wanucha( ncd nr.geav> .............................................................................................. ................. ..................._. Cc: Matthews, Monte K CIV USARMY CESAW (USA) <.M.ontn.I<M_.alt. Fitzpatrick, Linda F __.. <Iffitz .�tIEi k( _ncd_cgt...gov> ....................... Subject: RE: [External] FW: Division 11 projects voided Thanks a bunch for everyone's help freeing up those credits, since the projects never occurred and have been canceled. Also, sorry for any confusion I may have caused regarding the possibility of transferring those credits Thanks again, Kevin Kevin Hining Division 11 Environmental Officer North Carolina Department of Transportation 828-386-7202 cell k`IhininqgLncdol.gov 801 Statesville Rd. PO Box 250 North Wilkesboro, NC 28659 Ernadd correspondence to arid from this address is eubieed to the d ai"dd? Carolina Public Records Law arid ina.y be ddeedaeed to third parfdee. From: Beckwith, Loretta A CIV USARMY CESAW (USA) <Loretta.A.Beckwith.C�2.��.�g.!�g....��.EM.y...M.il> Sent: Wednesday, June 17,ZUZU11:Z5AM To: Harmon, Beth <beth.harmo Hinin8,Kevin ] ;VVanucha,Dave Cc: Matthews, Monte KOVUSARMYCESAW(USA) Fitzpatrick, Linda F Subject: RE: [External] FW: Division 11 projects voided That's acceptable to the USACE. Lori Beckwith Regulatory Project Manager U.S.Army Corps ofEngineers Wilmington District Asheville Regulatory Field Office 828'271'7980ext.4ZZ3 From: Harmon, Beth Sent: Wednesday, June 17,ZUZU11:ZZAM To: Beckwith, Loretta AOVUSARMYCESAVV(USA) <Loretta.A. Beckwith Hinin8,Kevin ] 'VVanucha ' ' Dave Cc: Matthews, Monte KOVUSARMYCESAVV(USA) Fitzpatrick, UndaF Subject: [Non'DoDSource] RE: [External] FVV: Division 11 projects voided | can use the emai|s | received from Division 11 and you as long as that is acceptable toyou and DVVK. | will print them off and add tomyfiles onthese three projects. Beth Harmon NCDOT Coordinator Division ofMitigation Services Department ofEnvironmental Quality 919'707'8420 office 1852Mail Service Center Raleigh, North Carolina 278QQ'1852 Ernarl to arid fronthis address ismubiect to the 0orl/ Carolina Public Records Law arid o/aybedisclosed /othird pmilies, From: Beckwith, Loretta A CIV USARMY CESAW (USA) [M.qI.lIo :12 r..e..t.t.a.....A.....B..e..c..k..w.i..t h.. Sent: Wednesday, June 17,ZUZU11:19AM To: Harmon, Beth <beth.harmo Hinin8,Kevin ] ;VVanucha,Dave Cc: Matthews, Monte KOVUSARMYCESAW(USA) Fitzpatrick, Linda F Subject: RE: [External] FW: Division 11 projects voided Hello Everyone, Just to make sure that we all understand each other — As | noted below "NCDOTdid not construct these projects; as such, the impacts to waters of the U.S. that required compensatory mitigation did not occur and the specified mitigation is not required by the USACE." Since the projects vverenotoonstruotedandthoseVLs(authorizations)haveexpired,theperrnitsareno longer valid and the associated compensatory mitigation requirements for those 3 projectsisno|onger required by the USACE. Beth — do you also need something from Division 11 and DWR that notes this? Do you need any other information from the USACE? Thank you, From: Harmon, Beth Sent: Wednesday, June 17,ZUZU11:U6AM To: Beckwith, Loretta AOVUSARMYCESAVV(USA) Cc: Hinin8, Kevin] � Matthews,Monte KOV USARMYCESAVV (USA) �VVanucha,Dave ;Fitzpatric�Linda F Subject: [Non-DoD Source] RE: [External] FW: Division 11 projects voided Hello everyone — I think there is some confusion on what DIVIS would need to undo the current mitigation debits associated with the three bridge replacement projects. I exchanged emails with Kevin yesterday regarding these three projects. He indicated to me that the three bridge replacement projects in question were never constructed and the impacts to these waters did not occur. He also mentioned these three bridges were going to be rolled into one new project but the details related to this new larger scale project were not yet available. He did want to know if the strearr- mitigation credits applied to these three bridge projects could be transferred to the new larger scale project. I told him we cannot "transfer" mitigation credits but that we could undo the debits on these three bridge projects if the permits were voided or rescinded by the issuing agency(ies) and the associated mitigation requirements were also deemed invalid. DMS cannot do anything without documentation that states the permit authorizations are null and void and any associated mitigation requirement is no longer required. Beth Harmon NCDOT Coordinator Division of Mitigation Services Department of Environmental Quality 919-707-8420 office b�.tlh.Ihirm�cau�..a7u�cdeu�ir.gov 1652 Mail Service Center Raleigh, North Carolina 27699-1652 x x� Erna d correspondence to rid frogn this address is ,subiecd to the d i"dd? Carolina Public Records Law and inay be disclosed to third panics, From: Beckwith, Loretta A CIV USARMY CESAW USA mq lto:Loretta.A.Beckwith( as cpe rrny.mil .............._................................................................................................._ . Sent: Wednesday, June 17, 2020 10:15 AM To: Harmon, Beth <..b eth_.h rMoD.(�ncdnnr..gov_> Cc: Hining, Kevin J <k`hinin (ncdt.v_>; Matthews, Monte K CIV USARMY CESAW (USA) <Monte.K.Matthews( �asgc grmy.mil>; Wanucha, Dave <dave.wanucha( ncd nr.ggvv> .............................................................................................._......................................................................._.. ..... Subject: [External] FW: Division 11 projects voided Good morning Beth, Kevin Hining from Division 11 contacted me about three NWP verification letters (VLs) issued by this office in 2012 and 2013 and the associated compensatory mitigation. The USACE file numbers are SAW-2013-00222, SAW-2012-02022, and SAW-2013-00192 and the NWP VLs and signed MRTFs are attached. These NWP VLs expired in 2017. NCDOT did not construct these projects; as such, the impacts to waters of the U.S. that required compensatory mitigation did not occur and the specified mitigation is not required by the USACE. For your consideration - while Division 11 has noted that they will eventually submit an application that covers these three areas, we don't know when this will be, we don't know what the proposed impacts will be, we don't know what the required mitigation will be (if the USACE authorizes the project), and we can't commit to authorizing a project prior to a complete evaluation of an application, so transferring these credits from the 3 projects to a future project (for these same areas) may not be ideal vs. resolving the mitigation issue some other way between DMS and NCDOT. Please let me know if you need additional information from me. Thank you, Lori Lori Beckwith Regulatory Project Manager U.S. Army Corps of Engineers Wilmington District Asheville Regulatory Field Office 828-271-7980, ext. 4223 From: Hining, Kevin J <k`hinin (ncdtev_> Sent: Tuesday, June 16, 2020 1:19 PM To: Beckwith, Loretta A CIV USARMY CESAW (USA) <Loretta A.Beck Beckwith Wanucha, Dave _r <dave. wa n ucha ("_n_cd__n_r.: graa_v> ......................................................................._.. .. Subject: [Non-DoD Source] Division 11 projects voided Hey Lori and Dave, (Lori — sorry this email is in some ways a repeat of what I already asked you, but figured I'd just send one email to both you and Dave. Plus, I was able to speak to Beth Harmon.) Several years ago, Division 11 proposed to replace three bridges with culverts on Justus Rd., in Watauga County. The projects were permitted and mitigation was obtained for all three projects. However, due to RW issues, the projects fell through and the proposed work on the three bridges never occurred. The permits have since expired for the projects (all three expired in 2017). NCDOT has proposed a new project for this road, where we plan to realign the road, bypassing those three bridges. This new project will have jurisdictional impacts, primarily in the way of pipe extensions. I'm in the early stages of preparing as permit for the project, but my first order of business is to see if we can free up the mitigation credits we originally acquired for the three bridge projects, for use on this new project. I've spoken to Beth Harmon with Mitigation Services and she indicated that we can transfer/free up those mitigation credits for use on the new project, but first I need to contact USACE and NCDWR and let them know that the three previously permitted projects were never started and that we would like to void them. Beth indicated she would need something in writing from both agency's (USACE and NCDWR) saying that the respective 404 and 401 permits had been voided. Is that something that you can provide me? Let me know if you need additional information or if I should contact someone else. Finally, I've attached the 401 and 404 permits for the three projects, as well as the mitigation transfer letters. Thanks in advance for any assistance, Kevin Kevin Hining Division 11 Environmental Officer North Carolina Department of Transportation 828-386-7202 cell k j1hining(cLgccIoI:._qoy 801 Statesville Rd. P0 Box 250 North Wilkesboro, NC 28659 Err)arl cor'resl,)ondence to arid fr'orr) this address is subiect to the lVoill? Car'ofina Public Recor'ds Law arid irmy be disclosed to thir'd 1,)arlies, :::rrall correspondence Co ond frorr ffils sonder is subjcc�o Hie IN C I:::u1NIc :Rccords I ow ond ray be disclosed �o ffili'd