HomeMy WebLinkAbout20200248 Ver 1_USACE Emails re JD of Ditches_202002131
Bob Zarzecki
From:Capito, Rachel A CIV USARMY CESAW (USA) <Rachel.A.Capito@usace.army.mil>
Sent:Friday, January 24, 2020 8:15 AM
To:Bob Zarzecki
Subject:RE: Sylvester Development, Richlands, Onslow Co. - Ditch Jurisdiction - proposed HYDROLOGIC
CONNECTIVITY method + Couple Questions
Hi Bob,
Sorry for the delayed response we had a lot of requests over the holidays and I'm working on catching up on everything.
I don't see any issues with the grading plan, but I'd like to see the proposed impact plan. I think changing the routing of
the ditch to not go through the stormwater pond is agreeable to the Corps. Let me know if you have any other questions
and I'll look forward to receiving your permit request.
Thanks,
Rachel
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki [mailto:bzarzecki@sandec.com]
Sent: Thursday, January 9, 2020 5:07 PM
To: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil>
Subject: [Non‐DoD Source] RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction ‐ proposed
HYDROLOGIC CONNECTIVITY method + Couple Questions
Rachel:
Happy New Year.
I wanted to follow up with you on this project. Have you had a chance to review the attached plans and response below
yet?
Any thoughts or additional guidance before we apply for the ditch impacts as wetlands?
Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki
Sent: Wednesday, December 11, 2019 11:21 AM
To: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil>
Subject: RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction ‐ proposed HYDROLOGIC CONNECTIVITY
method + Couple Questions
Importance: High
Rachel:
2
Below are responses to your questions including input from the project engineer. Please let me know your thoughts on
these and the proposed plans and if you believe the request 0.143 acres of ditch impacts could potentially be permitted
as proposed under NWP39 pending our application and review of course. I understand from previous emails below that
we're to apply for the impacts as "wetlands" given how the ditches were permitted for previous DOT permits.
1. Have you gotten authorization from stormwater to reroute the jurisdictional feature into a stormwater pond?
RESPONSE ‐ No. We have redesigned the drainage plan and are now proposing a by‐pass storm system to maintain a
hydrologic connection between the wetlands and the roadside ditch and associated downstream jurisdictional WOTUS
(see attached "Sylvester Dev Wetland Piping Plan").
2. The stormwater pond seems large for just the lots that you have shown. Is this part of a bigger project? The
Corps needs to see the entire layout and design of a project.
RESPONSE ‐ The pond is only sized for the proposed streets and outparcels shown on the attached plans. See attached
"Sylvester Dev Overall Grading Plan" with pond contributory area shown in blue. Also attached is the "Sylvester Dev
Wetpond sizing calcs" for reference. The pond size cannot be reduced further. There are no development plans west of
street #1 at this time.
3. What is the purpose of the ditch 1 impacts? The water from the rerouted ditch will need to flow into the
roadside ditch and continue its natural flow pattern to downstream waters (across Koonce Fork Road and under
Richlands Highway) to prevent isolating the wetland feature to the north. The Corps will not allow for the rerouting
unless this connection is maintained.
RESPONSE ‐ Ditch or Impact 1 is due to NCDOT widening requirements for a dedicated right turn lane from NC 24 onto
Koonce Fork Road. The ditch is being slightly realigned to allow for road widening. Hydrologic connection will be
maintained from wetlands to roadside ditch to culvert under Koonce Fork by means of the proposed piping network
shown on the attached plans. Please note that the hydrologic connection bypass pipe between the wetlands and
downstream waters is now proposed as an independent pipe system and is no longer proposed to go through the
stormwater pond.
Thanks again for the guidance.
Sincerely,
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki
Sent: Monday, December 9, 2019 5:09 PM
To: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil>
Subject: RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction ‐ proposed HYDROLOGIC CONNECTIVITY
method + Couple Questions
Thanks Rachel. I'll catch up with the project engineer and developer and get back to you.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
3
‐‐‐‐‐Original Message‐‐‐‐‐
From: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil>
Sent: Monday, December 9, 2019 9:47 AM
To: Bob Zarzecki <bzarzecki@sandec.com>
Subject: RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction ‐ proposed HYDROLOGIC CONNECTIVITY
method + Couple Questions
Hi Bob,
I was speaking with a few of my coworkers about this project and have some questions.
1. Have you gotten authorization from stormwater to reroute the jurisdictional feature into a stormwater pond?
2. The stormwater pond seems large for just the lots that you have shown. Is this part of a bigger project? The Corps
needs to see the entire layout and design of a project.
3. What is the purpose of the ditch 1 impacts? The water from the rerouted ditch will need to flow into the roadside
ditch and continue its natural flow pattern to downstream waters (across Koonce Fork Road and under Richlands
Highway) to prevent isolating the wetland feature to the north. The Corps will not allow for the rerouting unless this
connection is maintained.
Please respond to these questions also to fill and reroute these features you will need to submit a full PCN. Let me know
if you have any additional questions.
Thanks,
Rachel
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki [mailto:bzarzecki@sandec.com]
Sent: Monday, December 9, 2019 8:59 AM
To: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil>
Subject: [Non‐DoD Source] RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction ‐ proposed
HYDROLOGIC CONNECTIVITY method + Couple Questions
Rachel:
Just following up on this one again to confirm whether they are ok to provide the hydrologic connection between the
wetlands and downstream WoTUS through a new stormwater pond built offline in uplands.
Thanks.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
From: Bob Zarzecki
Sent: Friday, November 22, 2019 11:48 AM
To: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil>
Subject: RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction ‐ proposed HYDROLOGIC CONNECTIVITY
method + Couple Questions
Rachel:
4
Just following up on this one. You were going to ... "I will have to double check my Rapanos guidance to determine if the
rerouted area would be considered a loss as well as the existing wetland feature."
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki
Sent: Tuesday, November 12, 2019 9:37 AM
To: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil
<mailto:Rachel.A.Capito@usace.army.mil> >
Subject: RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction ‐ proposed HYDROLOGIC CONNECTIVITY
method + Couple Questions
Thanks Rachel.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil
<mailto:Rachel.A.Capito@usace.army.mil> >
Sent: Tuesday, November 12, 2019 9:28 AM
To: Bob Zarzecki <bzarzecki@sandec.com <mailto:bzarzecki@sandec.com> >
Subject: RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction ‐ proposed HYDROLOGIC CONNECTIVITY
method + Couple Questions
Hi Bob,
Going back to your last email the Corps would consider ditch 3 to be a jurisdictional feature. Typically the rerouting of a
feature would not be an issue, but it appears as though it would now be part of a stormwater system and the Corps
would lose jurisdiction over the entire feature. I will have to double check my Rapanos guidance to determine if the
rerouted area would be considered a loss as well as the existing wetland feature. We would then need to discuss
mitigation for those losses. I will get back to you later today or tomorrow. Please also be aware that I will be out from
November 14‐29th and if you have immediate questions you can contact our chief Mickey Sugg, but hopefully I will have
a resolution for you and you can submit your PCN.
Thanks,
Rachel
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki [mailto:bzarzecki@sandec.com <mailto:bzarzecki@sandec.com> ]
Sent: Monday, November 11, 2019 1:16 PM
To: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil
<mailto:Rachel.A.Capito@usace.army.mil> >
Subject: [Non‐DoD Source] RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction ‐ proposed
HYDROLOGIC CONNECTIVITY method + Couple Questions
Importance: High
5
Rachel:
Please refer to the attached plans and excerpts below where I highlighted the flow path of the "hydrologic connection"
that will be maintained between the retained wetlands and the downstream waters. The connection is proposed to go
through a stormwater management pond. The pond is not constructed on a WOTUS. We understand that while the
stormwater pond would not become jurisdictional, it would also not sever jurisdiction to the wetlands above and
thereby maintain their connectivity to downstream waters and jurisdiction.
Please confirm that this is an acceptable method to maintain a "hydrologic connection" to the wetlands.
Thanks!
Also, Should I include the ditch impacts as areas of wetland impacts in the PCN application table?
Assuming the impacts come out to be 0.143 acres (or anything greater than 1/10th acre) should I assume wetland
mitigation would be required? If so, can I assume it would only be at a 1:1 ratio? Would you need a completed NCWAM
for that?
Finally, for the DOT project was the roadside ditch considered jurisdictional up to where the culvert under the highway
enters it from the school property across the street?
Thanks again for your guidance on this one.
Sincerely,
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
(919) 846‐5900 Office Phone
(919) 256‐4517 Direct Line
(919) 846‐9467 Fax
(919) 270‐2068 Mobile
bzarzecki@sandec.com <mailto:bzarzecki@sandec.com> <mailto:bzarzecki@sandec.com
<mailto:bzarzecki@sandec.com> > Visit us at SandEC.com <BlockedBlockedBlockedhttp://www.SandEC.com> !
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain
confidential information. This electronic communication may not have passed through our standard review/quality
control process. Design data and recommendations included herein are provided as a matter of convenience and should
not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal.
If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is
prohibited. If you have received this electronic communication in error, please notify the sender by return e‐mail and
delete the original communication from your system. Thank you.
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki
Sent: Friday, November 1, 2019 2:34 PM
To: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil
<mailto:Rachel.A.Capito@usace.army.mil> >
6
Subject: RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction
Thanks for the quick response Rachel.
They would maintain a hydrologic connection between the wetland and the downstream waters / roadside wetland‐
ditch. They certainly do not want to back up water in the wetlands. The connection would most likely be via a pipe
though, which we can label and specifically identify it as a non‐jurisdictional hydrologic connection to the wetlands on
the permit drawings.
Should I include the ditch impacts as areas of wetland impacts in the PCN application table?
Assuming the impacts come out to be 0.143 acres (or anything greater than 1/10th acre) should I assume wetland
mitigation would be required? If so, can I assume it would only be at a 1:1 ratio? Would you need a completed NCWAM
for that?
Thanks again for the guidance on this one.
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
‐‐‐‐‐Original Message‐‐‐‐‐
From: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil
<mailto:Rachel.A.Capito@usace.army.mil
<mailto:Rachel.A.Capito@usace.army.mil%20%3cmailto:Rachel.A.Capito@usace.army.mil> > >
Sent: Friday, November 1, 2019 12:22 PM
To: Bob Zarzecki <bzarzecki@sandec.com <mailto:bzarzecki@sandec.com
<mailto:bzarzecki@sandec.com%20%3cmailto:bzarzecki@sandec.com> > >
Subject: RE: Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction
Hi Bob,
It appears as though a few year back our DOT Regulator went out and made a determination that those features were
jurisdictional. He looked mostly at the roadside feature and called it a linear wetland, but made comments about the
other features onsite as well that I can use to make my jurisdictional call along with your pictures. It appears as though
the Corps would consider the features to be considered jurisdictional and impacts would require a permit. Would the
applicant pipe the entire feature 3? Our concern would be to maintain a connection to that onsite wetland as severing
connection would isolate the feature.
I have attached information about the new process of submitting a permit application (but the actual PCN remains the
same). Let me know if you have any additional questions.
Thanks,
Rachel
‐‐‐‐‐Original Message‐‐‐‐‐
From: Bob Zarzecki [mailto:bzarzecki@sandec.com <mailto:bzarzecki@sandec.com>
<mailto:bzarzecki@sandec.com%20%3cmailto:bzarzecki@sandec.com%3e%20> ]
Sent: Wednesday, October 30, 2019 3:47 PM
7
To: Capito, Rachel A CIV USARMY CESAW (US) <Rachel.A.Capito@usace.army.mil
<mailto:Rachel.A.Capito@usace.army.mil
<mailto:Rachel.A.Capito@usace.army.mil%20%3cmailto:Rachel.A.Capito@usace.army.mil> > >
Subject: [Non‐DoD Source] Sylvester Development, Richlands, Onslow Co. ‐ Ditch Jurisdiction
Importance: High
Rachel:
Hope you're doing well.
I did a delineation for a client last Fall for a property on the south side of Richlands, NC in Onslow County (see attached
maps and coordinates below). I flagged the wetlands within the wooded area in the center of the property. They moved
forward with development plans to avoid the wooded area and associated wetlands entirely. However, they are
proposing to pipe and fill three ditches on the property and a portion of the roadside ditch. They submitted for their
erosion control plan to DEMLR who sent back the attached letter including a request for a USACE determination on the
ditches. They know now that they should have had me confirm all this with you last year, but just took the assumption
the ditches were non‐jurisdictional.
Is there any chance based on the information provided here (attached) that you could conduct a desk top determination
of these ditches (either non‐jurisdictional or jurisdictional)? I believe them to be ditches in high ground and non‐
jurisdictional, but the main ditch is shown as a blue line on the USGS, soil survey and NWI maps and they do provide a
hydrologic connection to the wetlands in the wooded area. Note the photos that I provided are from last September,
which at the time was abnormally high rainfall, where this year is normal rainfall (in this area). I haven't been back since,
but I'm told the ditches are all dry now.
If you feel that these are clearly not jurisdictional, then I believe a simple email response stating as such would suffice
for DEMLR.
If you feel that they are potentially jurisdictional, then my client may opt to just apply to impact them without an official
JD, assuming you're ok with that. If so, can I assume we're only talking about area of potentially jurisdictional ditch
impact and not linear feet of tributary? If so, the preliminary numbers look like 0.146 acres of ditch impact (including
along the roadside ditch). Please advise.
I'm also happy to meet you out there if you like, but my client is just trying to move this along as quickly as they can, so
they may opt to just apply for the impact.
The site and ditches are located at coordinates: 34.890982 / ‐77.548345.
The ditches flow down NC24/258 for about ¼ mile before crossing under the highway and flowing into an obviously
jurisdictional stream on the east side which flows into the New River (class "C;NSW").
You can see the sections of the main ditch in both the field and roadside on GoogleMaps Streetview (link below).
BlockedBlockedBlockedBlockedhttps://www.google.com/maps/@34.8904471,‐
77.547801,3a,69.7y,291.9h,84.76t/data=!3m6!1e1!3m4!1salaMSU8DT‐9SlVQ5FgB1Yw!2e0!7i13312!8i6656?hl=en
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
8
Raleigh, NC 27615
(919) 846‐5900 Office Phone
(919) 256‐4517 Direct Line
(919) 846‐9467 Fax
(919) 270‐2068 Mobile
bzarzecki@sandec.com <mailto:bzarzecki@sandec.com> <mailto:bzarzecki@sandec.com
<mailto:bzarzecki@sandec.com> > <mailto:bzarzecki@sandec.com <mailto:bzarzecki@sandec.com
<mailto:bzarzecki@sandec.com%20%3cmailto:bzarzecki@sandec.com> > > Visit us at SandEC.com
<BlockedBlockedBlockedBlockedhttp://www.SandEC.com> !
This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain
confidential information. This electronic communication may not have passed through our standard review/quality
control process. Design data and recommendations included herein are provided as a matter of convenience and should
not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal.
If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is
prohibited. If you have received this electronic communication in error, please notify the sender by return e‐mail and
delete the original communication from your system. Thank you.