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Home My WebLink About20140090 Ver 7_Smith Cr_ relocation Modification to individual permit_20200129 Wanucha, Dave From:Braspennickx, Nicholle M CIV USARMY CESAW (US) <Nicholle.M.Braspennickx@usace.army.mil> Sent:Wednesday, January 29, 2020 4:27 PM To:Ellwanger, Claire; Bowers, Todd; Somerville, Amanetta Cc:Dagnino, Carla S; Wanucha, Dave; Euliss, Amy Subject:\[External\] NCDOT, U-2579B, SAW No. 2008-03183, Modification Smith Cr and unnamed tributary to Smith Creek Attachments:SAW No. 2008-03183, U-2579B, Signed Mod Letter Jan 2020.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Hello ! Attached is a modification for SAW No. 2008-03183, NCDOT/U-2579B, W-S Northern Beltway - to accommodate the relocation of Smith Creek and the unnamed tributary to Smith Creek across 2 aquaculture ponds. If you would like the attachments - Let me know - I'm trying to send them now to some folks.. Thank you for your participation in this modification. It was received in late October - but we just got some pertinent information in November and January (90% plans w/ tallies re-done). Sincerely, Nicholle Braspennickx U.S. Army Corps of Engineers Regulatory Project Manager Charlotte Regulatory Office Desk: 704-510-0162 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 1 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 January29, 2020 Regulatory Division Action ID: SAW-2008-03183, NCDOT/U-2579B, Winston-Salem Northern Beltway, from US 158 to 1-40B/US 421, Smith Creek Relocation, Modification to Individual Permit issued October 17, 2019 Philip S. Harris, III, P.E., CPM North Carolina Department of Transportation Environmental Analysis 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Dear Mr. Harris: Reference the Department of the Army (DA) permit issued on October 17, 2019, to the North Carolina Department of Transportation (NCDOT) for impacts associated with the new location project identified as U-2579B, Winston-Salem Northern Beltway. The 4.06 mile, three -lane divided facility would extend from US 158 to I-40B/US 421 near Winston Salem, Forsyth County, North Carolina. Coordinates (in decimal degrees) for the site are 36.11780 N,-80.13800 W. The project occurs in the Yadkin River Basin (8- digit Cataloging Unit 03040101). Also reference U.S. Army Corps of Engineers (Corps') modifications dated July 2, 2014 and February 21, 2019. The current standard permit expires on December 31, 2022. On October 21, 2019, the U.S. Army Corps of Engineers (Corps) received a request to modify the above referenced permit to include the relocation of 1,711 linear feet of Smith Creek (Site 28) and the relocation of 80 linear feet of an unnamed tributary to Smith Creek (Site 28A). The modification also included the draining, excavating and filling of two (2) aquaculture ponds measuring 1.62 acres and 6.20 acres, (Sites 28B and 28C). Constructability constraints associated with a deceleration lane for the Winston-Salem Northern Beltway necessitate the relocations of the creeks, as well as the decommissioning of two aquaculture ponds. The newly relocated Smith Creek will measure 2,127 linear feet and the newly relocated unnamed tributary will measure 384 -2- linear feet. NCDOT will use natural channel design and riparian plantings over the relocation site. These stream relocation changes bring the U-2579B project impact totals to: 12,492 linear feet of permanent stream channel impacts, 1,570 linear feet of temporary stream impacts, and the draining, excavating and filling of 7.82 acres of aquaculture ponds (permanent impact). There are no changes to the permitted permanent wetland impact(s) of 1.96 acres. A Public Notice describing this proposal was issued for a 15-day comment period. No substantial concerns or comments were received from this notice. Therefore, the Corps has completed the evaluation of your request and has determined that it is appropriate and reasonable. Consequently, the permit is modified as requested and shown on the enclosed plans, Sheets 1-18, dated 14 January 2020. The permit also. includes the implementation of the monitoring plan for the relocations of Smith Creek, the unnamed tributary to Smith Creek, and the establishment of a riparian vegetated corridor in and near the relocated stream sites. For your information, the following special condition from the original authorization has been updated to include the new stream relocation requirements using natural channel design and the establishment of a riparian vegetated buffer around the relocated stream channels: 1. Construction Plans: All work authorized by this permit must be performed in strict compliance with the attached plans, Sheets 1-18, dated 14 January 2020. The permit also includes the implementation of the attached Stream Relocation/monitoring plan for the relocations of Smith Creek, the unnamed tributary to Smith Creek, and the establishment of a riparian vegetated corridor in and near the relocated stream sites. Any modification to the attached stream relocation plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands. If you object to this decision, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this decision you must submit a completed RFA form to the following address: -3- District Engineer, Wilmington Regulatory Division Attn: Nicholle Braspennickx 69 Darlington Avenue Wilmington, North Carolina 28403 . In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by March 30, 2020. It is not necessary to submit an RFA form to the Division Office if you do not object to the decision in contained in this correspondence. All other conditions of the permit, including the permit expiration date of December 31, 2022, remain in effect, as written. Should you have any questions, contact Ms. Nicholle Braspennickx, Charlotte Regulatory Office, via email at: Nicholle.M.Braspennickx(a)_usace.army.mil or by telephone at (704)510-0162. 00-kaI.I=gKeLkTiI►LTi/_1►101:11Ct Enclosures: Monte Matthews Lead Project Manager Wilmington District -4- Electronic Copy Furnished with enclosures: Ms. Erin Cheely North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina 27699-1598 Ms. Amy Euliss North Carolina Department of Transportation 375 Silas Creek Parkway Winston-Salem, North Carolina 27127-7167 Electronic Copy Furnished without enclosures: Mr. David Wanucha North Carolina Department of Environmental Quality Division of Water Resources 450 West Hanes Mill Road, Suite 300 Winston-Salem, North Carolina 27105 Ms. Claire Ellwanger U.S. Fish and Wildlife Services Asheville Ecological Service Field Office 160 Zillicoa Street Asheville, North Carolina 28801 Mr. Todd Bowers Oceans, Wetlands and Streams Protection Branch Wetlands and Streams Regulatory Section U.S. Environmental Protection Agency -Region 4 Sam Nunn Atlanta Federal Center 61 Forsyth Street, SW Atlanta, Georgia 30303-8931 Ms. Marla Chambers Division of Inland Fisheries North Carolina Wildlife Resources Commission 7121 Mail Service Center -5- Raleigh, North Carolina 27699-1721