20140090 Ver 7_ U-2579B_BA permit rev_20200924

Wanucha, Dave
From:Euliss, Amy
Sent:Tuesday, September 22, 2020 1:58 PM
To:Wanucha, Dave
Cc:Dagnino, Carla S
Subject:FW: \[External\] RE: U-2579B/BA permit mod
Attachments:U-2579B Additional 2 - STR - YD 101.pdf
Dave,
In the permitting of the stream relocation on U-2579BA (U-2579B permit), we have permitted the project to get onsite
credit. We had the USACE alter the mitigation requirements from the previous planned culvert, resulting in a decrease
in mitigation of 598’ of stream impacts. The project has a 5 year monitoring period. If the USACE and DWR are not
satisfied with the relocated stream, mitigation will be acquired at closeout. Are you ok following suit with the USACE,
and changing required DMS mitigation to be 598’ less than what was previously required in the most recent DMS letter
(attached, dated September 13, 2019). Feel free to give me or Carla a call if you would like to discuss.

From: Harmon, Beth <[e-mail]>
Sent: Tuesday, September 22, 2020 11:51 AM
To: Matthews, Monte K CIV USARMY CESAW (USA) <[e-mail]>
Cc: Euliss, Amy <[e-mail]>; Fitzpatrick, Linda F <[e-mail]>; Paugh, Leilani Y
<[e-mail]>; Dagnino, Carla S <[e-mail]>
Subject: RE: \[External\] RE: U-2579B/BA permit mod

Hi Monte – yes this helps. Usually the USACE signs the form prior to me signing. Can you or the USACE project manager
sign the form and then sign back to me? Do you know if the DWR is going to change their 401 permitted stream
impacts?

Thanks.
Beth.

Beth Harmon
NCDOT Coordinator
Division of Mitigation Services
Department of Environmental Quality

919-707-8420 office
[e-mail]

1652 Mail Service Center
Raleigh, North Carolina 27699-1652

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

1

From: Matthews, Monte K CIV USARMY CESAW (USA) \[mailto:[e-mail]\]
Sent: Tuesday, September 22, 2020 9:35 AM
To: Harmon, Beth <[e-mail]>
Cc: Euliss, Amy <[e-mail]>; Fitzpatrick, Linda F <[e-mail]>; Paugh, Leilani Y
<[e-mail]>; Dagnino, Carla S <[e-mail]>
Subject: \[External\] RE: U-2579B/BA permit mod

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]

Hi Beth,

As requested, attached is a revised Mitigation Transfer Form for the U-2579B
project in Winston-Salem. This form now reflects a slight reduction to account for
a change from a culvert to a stream relocation. Additional comments are included
on the form to (hopefully) answer any questions and to provide some consistency
between various permit modifications.

Please let me know if you need additional information.

Monte

From: Fitzpatrick, Linda F <[e-mail]>
Sent: Monday, August 3, 2020 12:26 PM
To: Euliss, Amy <[e-mail]>
Cc: Harmon, Beth <[e-mail]>
Subject: Fw: U-2579B/BA permit mod

Hi Amy,

I hope you are well. We need your help with the U-2579B/BA mod. Because the culvert was not installed we
no longer need the mitigation from DMS but DMS does need the appropriate paperwork to make that
change. See Beth's email below. Can you please provide us with a new MRT form for DMS?

Let me know if you have any questions.
Thanks so much for your help.

Linda

From: Harmon, Beth <[e-mail]>
Sent: Friday, July 31, 2020 4:49 PM
To: Paugh, Leilani Y <[e-mail]>; Fitzpatrick, Linda F <[e-mail]>
2

Cc: Stanfill, Jim <[e-mail]>
Subject: RE: U-2579B/BA

Yes I reviewed that link – there was no revised MRT form from the USACE and there was nothing included in the
modified 401 that changed the mitigation requirements for DMS. We need that form and a concurring 401 to make any
adjustments to the mitigation requirements. And based on my reading of both permits, the mitigation requirements
were not going to be modified until after the monitoring period that was included in the submitted plan. I cannot make
any adjustments to mitigation requirements or our ledger until I have proper documentation from the permitting
agencies.

Beth.

Beth Harmon
NCDOT Coordinator
Division of Mitigation Services
Department of Environmental Quality

919-707-8420 office
[e-mail]

1652 Mail Service Center
Raleigh, North Carolina 27699-1652

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Paugh, Leilani Y
Sent: Friday, July 31, 2020 3:13 PM
To: Harmon, Beth <[e-mail]>; Fitzpatrick, Linda F <[e-mail]>
Cc: Stanfill, Jim <[e-mail]>
Subject: Re: U-2579B/BA

HI Beth
The mod has been issued. Here is the link from Carla's email below.
Blockedhttps://xfer.services.ncdot.gov/pdea/PermIssued/U-
2579BA%20Forsyth%20Modification%20Smith%20Cr%20Reloc%20February%2012%202020%20.pdf

Thanks for your assistance.
LeiLani

LeiLani Paugh
Mitigation and Modeling Group Supervisor
Environmental Analysis Unit
North Carolina Department of Transportation
3

919 707 6146 office
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Harmon, Beth <[e-mail]>
Sent: Friday, July 31, 2020 2:54 PM
To: Fitzpatrick, Linda F <[e-mail]>
Cc: Paugh, Leilani Y <[e-mail]>; Stanfill, Jim <[e-mail]>
Subject: RE: U-2579B/BA

Linda – thank you for the heads up on this project and the anticipated changes on mitigation requirements. As you
know, we will adjust the mitigation requirements and associated debits once the permit modifications have been issued
along with a revised mitigation responsibility transfer form. I’ll be on the look out for it.

Beth.

Beth Harmon
NCDOT Coordinator
Division of Mitigation Services
Department of Environmental Quality

919-707-8420 office
[e-mail]

1652 Mail Service Center
Raleigh, North Carolina 27699-1652

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

4

From: Fitzpatrick, Linda F
Sent: Friday, July 31, 2020 12:15 PM
To: Harmon, Beth <[e-mail]>
Cc: Paugh, Leilani Y <[e-mail]>
Subject: Fw: U-2579B/BA

Good afternoon Beth,

I hope you day is going well.

I have another change for you. U-2579B/BA will not have the culvert installed therefore we will not need the
DMS debit. See the emails and links below.

Please let me know if you need anything else from me.

Linda

From: Paugh, Leilani Y <[e-mail]>
Sent: Friday, July 31, 2020 10:51 AM
To: Fitzpatrick, Linda F <[e-mail]>
Subject: FW: U-2579B/BA

Linda
Here is another one to coordinate with DMS. The original permit used credit from DMS to cover the impacts from the
culvert installation. Now the culvert will not be installed and the entire stream channel will be relocated using NSD. So
the DMS debit will not be needed.
Thanks
LeiLani

From: Dagnino, Carla S <[e-mail]>
Sent: Thursday, July 9, 2020 11:17 AM
To: Paugh, Leilani Y <[e-mail]>
Subject: RE: U-2579B/BA

Yes – in my email sent yesterday below – I indicated what was in the app and what was in the mod. Everything is on
line. Here are the links:

Permit app:
Blockedhttps://xfer.services.ncdot.gov/pdea/PermApps/U-
2579B%20Smith%20Cr%20Modification%20January%2029%202020.pdf

Permit Mod:
Blockedhttps://xfer.services.ncdot.gov/pdea/PermIssued/U-
2579BA%20Forsyth%20Modification%20Smith%20Cr%20Reloc%20February%2012%202020%20.pdf

Please let me know if you need anything else.
Thanks.

5

From: Paugh, Leilani Y <[e-mail]>
Sent: Thursday, July 9, 2020 10:09 AM
To: Dagnino, Carla S <[e-mail]>
Subject: Re: U-2579B/BA

Have you submitted the permit mod application or received the mod yet?

LeiLani Paugh
Mitigation and Modeling Group Supervisor
Environmental Analysis Unit
North Carolina Department of Transportation

919 707 6146 office
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
.

From: Dagnino, Carla S <[e-mail]>
Sent: Wednesday, July 8, 2020 3:14 PM
To: Paugh, Leilani Y <[e-mail]>
Subject: RE: U-2579B/BA

Hi Leilani,
See below, the excerpt from the application for the changes on this project:

Since the relocation has not been verified by the USACE as 1:1 credit for the impact, it was determined that we needed
to state this for the permit application sent out last year :

The mitigation for new impacts will be determined when the final plans for the relocated stream are
complete. This plan will be submitted to the USACE and NCDWR for determination of credits applicable
for the Natural Stream Design (NSD) plans for this stream. Currently the proposed NSD is 2,127 linear
6

feet for Smith Creek (Site 28) and 344 linear feet for UT Smith Creek (Site 28A). Once the credit for
NSD has been determined, NCDOT will contact DMS for the balance.

The Issued 404 Permit issued from that application has the following requirements:

Monitoring protocols shall follow the Monitoring Level I outlined in the Stream
Mitigation Guidelines, April 2003. NCDOT will evaluate the success of the stream
relocation project based on guidance provided by the Stream Mitigation Guidelines
disseminated by the United States Army Corps of Engineers-Wilmington District. The
survey of channel dimension will consist of permanent cross sections placed at six (6)
cross sections (three riffles and three pools). Annual photographs showing both banks
and upstream and downstream views will be taken from permanent, mapped photo
points. The survey of the longitudinal profile will cover a cumulative total of
approximately 2,471 linear feet of channel (2,127’ for Smith Creek and 344’ for the
unnamed tributary. The entire restored length of stream will be investigated for channel
stability and in-stream structure functionality. Any evidence of channel instability will be
identified, mapped and photographed. Pebble counts shall not be conducted. In the
event that success criteria are not being met, remedial measures will be coordinated with
resource agencies. The monitoring shall be conducted annually for a minimum of five
(5) years after final planting. The monitoring results shall be submitted to resource
agencies in a final report within sixty (60) days after completing monitoring. After 5 years,
the NCDOT shall contact resource agencies to schedule a site visit to “close out” the
mitigation site if the site has met success criteria. If success is not met, NCDOT will
make necessary adjustments to the site or pay mitigation fees to cover the impacts.

The construction is set for next year (right now) it will take a while before it is complete. If the USACE says all is good,
then wouldn’t that be the time that we check with DMS to get the credit back? – if it is determined that the relocation
of the channel does not deserve full credit, wouldn’t we want to consider using what we reserved? The 649 at 2:1 or at
least wait and revise the debit at that time? Since this could take a while, how do we make sure this is captured in 5
years?

Thanks.
Carla

From: Paugh, Leilani Y <[e-mail]>
Sent: Monday, July 6, 2020 6:22 PM
To: Dagnino, Carla S <[e-mail]>
Subject: Re: U-2579B/BA

Hi Carla
DMS will adjust the debits based on the permit mod. So we should state in the application or it should be
stated in the permit that the area no longer requires mitigation from DMS.
If it doesn't I can follow up with DMS to explain it and revise the debit.
LeiLani

LeiLani Paugh
Mitigation and Modeling Group Supervisor
Environmental Analysis Unit
7

North Carolina Department of Transportation

919 707 6146 office
[e-mail]

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Dagnino, Carla S <[e-mail]>
Sent: Monday, July 6, 2020 4:19 PM
To: Paugh, Leilani Y <[e-mail]>
Subject: U-2579B/BA

Hi Leilani,

This section of the W-S Beltway had a slope failure and the entire Smith Creek needed to be relocated. Prior to the
decision to relocate the creek, the permitted request for mitigation at the 2 sites on smith creek was 649 linear feet. See
attached transfer form rom DMS. This mitigation will likely not be needed if the USACE approves the relocation.
Therefore, we want to make sure that we don’t get charged for this. You explained to me in the past that the charge for
mitigation does not happen until the project gets closed out. So, in this case, will we not get charged for what we asked
for in the past, that we will not need in the future?

Thanks.
Carla

Carla Dagnino
Environmental Coordination and Permitting Group Leader
Environmental Analysis Unit
NC Department of Transportation

919 707 6110 Office
919 602 9452 Cell
[e-mail]

1598 Mail Service Center
Raleigh, NC 27699 -1598

1000 Birch Ridge Drive
8

Raleigh, NC 27610

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.

Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
9

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ROY COOPER NORTH -4ROLINA
Governor Environmental Quality
MICHAEL S.REGAN
Secretory
TIM BAUMGARTNER
Director September 13,2019
Mr.Philip S.Harris,III,P.E., CPM
Environmental Analysis Unit
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh,North Carolina 27699-1598
Dear Mr.Hams:
Subject: DMS Mitigation Acceptance Letter:
U-2579B,Winston-Salem Northern Beltway(Eastern Section)from US 311 to east of
US 52,Forsyth County
References: USACE 404 Individual Permit issued June 17,2014(USACE Action ID 2008-03183)and
Individual Modification issued February 21,2019
NCDWR 401 Water Quality Certification issued July 28, 2014(NCDWR ID 2014-0090)
and 401 Water Quality Certification Modification issued December 17,2018
The purpose of this letter is to notify you that the Division of Mitigation Services(DMS)will provide the
additional compensatory stream mitigation for the subject project. Based on the information supplied by you on
September 13,2019,the impacts are located in CU 03040101 of the Yadkin River basin in the Central Piedmont
(CP)Eco-Region, and are as follows:
Table 1—Additional Impacts (feet/acres)
Yadkin Stream Wetlands Buffer(Sq.Ft.)
03040101 Non- Coastal
CP Cold Cool Warm Riparian Zone 1 Zone 2
Riparian Marsh
Impacts(feet/acres) 0 0 144.0 0 0 0 0 0
*NOTE: Some of the stream impacts may be proposed to be mitigated at a 1:1 mitigation ratio. See permit application for details.
This additional impact and associated mitigation needs were not projected by the NCDOT in the 2018
impact data. DMS is currently providing stream and riparian wetland mitigation for the impacts associated with
this project located in cataloging unit 03040101 of the Yadkin River basin as required by the 404 and 401 permits
issued in June and July 2014, as shown in the below table(in mitigation credits)
DE Q
rrso.nwe�r�r rr��
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W.Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652
919.707.8976

Ms.Euliss
TIP I-3802B
November 20,2018
Page Two
Table 2—Current Permitted Impacts and Associated Mitigation Requirements provided by DMS (based on
2014 issued permits) and Revised Anticipated Impacts(based on mitigation request)
I
Total Permitted Mitigation Provided by Additional
Impact Type Impacts DMS per Issued Impact(for Revised Total
(feet/acre/sq ft) Permits(Credits) approval) Impacts*
Stream(warm) 9,693.0 18,161.0 144.0 9,837.0
Riparian Wetland 1.96 3.92 0 1.96
*Some of the additional stream impacts may be proposed to be mitigated at a 1:1 mitigation ratio.See permit application for details.DMS
will provide the amount of mitigation as determined by the regulatory agencies.
This mitigation acceptance letter replaces the mitigation acceptance letter issued on January 17,2014
and November 20,2018. DMS commits to implementing additional sufficient compensatory stream mitigation
credits to offset the impacts associated with this project as determined by the regulatory agencies using the delivery
timeline listed in Section F.3.c.iii of the In-Lieu Fee Instrument dated July 28,2010. If the above referenced impact
amounts are revised,then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance
letter will be required from DMS.
If you have any questions or need additional information,please contact Ms. Beth Harmon at 919-707-
8420.
Sincerely,
0 iiiii arLIAL4
Jam Stanfill
DM a :set Management Supervisor
cc: Mr.Monte Matthews,USACE—Raleigh Regulatory Field Office
Ms.Amy Chapman,Division of Water Resources,Wetlands/401 Unit
File: U-2579B Additional 2
1:1EQ,e)
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W.Jones Street 11652 Mail Service Center I Raleigh,North Carolina 27699-1652
919.707.8976