20140869 Ver 1_Site Meeting Minutes 6-24-2021_20210723

Strickland, Bev
From: Browning, Kimberly D CIV USARMY CESAW (USA)
<[e-mail]>
Sent: Friday, July 23, 2021 3:39 PM
To: Davis, Erin B; Haywood, Casey M CIV (USA); Tugwell, Todd J CIV USARMY CESAW (US);
Leslie, Andrea J
Subject: [External] FW: Vile Creek Mitigation Site Meeting Minutes (6-24-2021): Vile Creek
(DMS# 96582) SAW-2014-01585; DWR#2014-0869
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as
an attachment to Report Spam.<mailto:[e-mail]>
FYI
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
Original Message
From: Jeff Keaton <[e-mail]>
Sent: Friday, July 23, 2021 3:27 PM
To: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: Vile Creek Mitigation Site Meeting Minutes (6-24-2021): Vile Creek (DMS#
96582) SAW-2014-01585; DWR#2014-0869
OK, thanks. We have been working on an AMP, which I hope to submit early next week. Have a good
weekend.
Original Message
From: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, July 23, 2021 3:18 PM
To: Jeff Keaton <[e-mail]>
Subject: RE: Vile Creek Mitigation Site Meeting Minutes (6-24-2021): Vile Creek (DMS# 96582) SAW-2014-
01585; DWR#2014-0869
We will need a more detailed adaptive management plan for the repairs, so if you have one, please send it to
me and I'll distribute it to the IRT for their records. I thought that what you sent in the meeting summary was
a good starting point to move forward, especially since you, Erin and I discussed this already. I recall you
saying you wanted to start on these repairs this week so I was trying to get ahead of the process by letting the
IRT know that there are proposed repairs and no permit will be required.
Correct regarding the trout waters. You only need to submit a PCN if you're working during the moratorium
(Oct 15-Apr 15).
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
i

Original Message
From: Jeff Keaton <[e-mail]>
Sent: Friday, July 23, 2021 3:08 PM
To: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: Vile Creek Mitigation Site Meeting Minutes (6-24-2021): Vile Creek (DMS#
96582) SAW-2014-01585; DWR#2014-0869
Hi Kim - I have a question about your comment on the adaptive management plan in item #3 of your email.
Are you saying that the meeting summary suffices as the AMP? Or do we still need to submit a separate
document detailing the repairs? Also, my reading of Regional Condition 4.1 indicates that we do not need to
do anything regarding trout waters. Is that correct? Thanks.
Original Message
From: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, July 23, 2021 2:27 PM
To: Wiesner, Paul <[e-mail]>; Haywood, Casey M CIV (USA)
<[e-mail]>; Davis, Erin B <[e-mail]>; Tugwell, Todd J CIV USARMY
CESAW (USA)<[e-mail]>; Leslie, Andrea J <[e-mail]>; 'Wilson,
Travis W. ([e-mail])' <[e-mail]>
Cc: Tsomides, Harry <[e-mail]>; Kristi Suggs <[e-mail]>; Jordan Hessler
<[e-mail]>; Jeff Keaton <[e-mail]>; Allen, Melonie
<[e-mail]>
Subject: RE: Vile Creek Mitigation Site Meeting Minutes (6-24-2021): Vile Creek (DMS# 96582) SAW-2014-
01585; DWR#2014-0869
Thanks Paul. I have a couple comments:
1. Comment #9-- Perhaps I missed part of the conversation, but for the portions of UT1C and UT1B that are
functioning as wetlands and may potentially be added for additional wetland credit, are those areas being
monitored (other than visually)? Do you anticipate that those areas will meet the wetland performance
standards for hydrology and vegetation? At the very least we would require a verification of jurisdictional
limits for these areas to be appropriate for wetland credit.
2. Comment #16-- USACE, WRC and DWR are OK with the proposed basswood and black cherry additions to
the planting list. Both species are FACU, which may affect their success given the extent of wetlands on site.
The black willow proposed is ok, but WRC noted that they're not preferred in shady areas.
3. I know that on -site we discussed that the repairs would be covered under the original permit, but I was not
aware that the permit expired in 2017 (I thought it was the current NW27 that expires in 2022). After
discussing this with Jeff Keaton and Erin, we determined that since the repairs are each less than 75 LF in
length, the repairs can be done under a non -notifying NWP-3, which saves time and documentation from
obtaining a new permit verification. The short adaptive management plan you provided with the meeting
summary describing the repairs meets the conditions required to move forward. Please keep in mind that
Alleghany County contains trout waters and so a trout moratorium may apply. I have copied Regional
Condition 4.1 regarding notification in trout waters.
4.1 NWP #3 - Maintenance 4.1.1 In designated trout watersheds, a PCN is not required for impacts to a
maximum of 75 linear feet (150 linear feet for temporary dewatering) of streams and waterbodies when
conducting maintenance activities. Minor deviations in an existing structure's configuration, temporary
2

structures and temporary fills are authorized as part of the maintenance activity. In designated trout
watersheds, the permittee shall submit a PCN (see Regional Condition 2.7 and General Condition 32) to the
District Engineer prior to commencing the activity if; 1) impacts (other than temporary dewatering to work in
dry conditions) to streams or waterbodies exceed 75 linear feet; 2) temporary impacts to streams or
waterbodies associated with dewatering to work in dry conditions exceeds 150 linear feet; 3) the project will
involve impacts to wetlands; 4) the project involves the replacement of a bridge or spanning structure with a
culvert or nonspanning structure in waters of the United States; or 5) the activity will be constructed during
the trout waters moratorium (October 15 through April 15).
Please reach out if you have any questions.
Thanks
Kim
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
Original Message
From: Wiesner, Paul <[e-mail]>
Sent: Friday, July 16, 2021 2:29 PM
To: Haywood, Casey M CIV (USA) <[e-mail]>; Browning, Kimberly D CIV USARMY
CESAW (USA) <[e-mail]>; Davis, Erin B <[e-mail]>; Tugwell, Todd
J CIV USARMY CESAW (USA)<[e-mail]>; Leslie, Andrea J
<[e-mail]>
Cc: Tsomides, Harry <[e-mail]>; Kristi Suggs <[e-mail]>; Jordan Hessler
<[e-mail]>; Jeff Keaton <[e-mail]>; Allen, Melonie
<[e-mail]>
Subject: [Non-DoD Source] IRT/ DMS/ Wildlands - Vile Creek Mitigation Site Meeting Minutes (6-24-2021): Vile
Creek (DMS# 96582) SAW-2014-01585; DWR#2014-0869
Casey, Erin, Kim, Andrea, and Todd;
Please find Wildlands meeting minutes for the June 24, 2021 site visit attached.
Let us know if you have any additions, questions, comments or concerns.
Wildlands will put the final meeting minutes in the 2021 (MY5) report as an Appendix for documentation.
Thanks
3

Paul Wiesner
Western Regional Supervisor
North Carolina Department of Environmental Quality
Division of Mitigation Services
828-273-1673 Mobile
[e-mail] <mailto:[e-mail]>
Western DMS Field Office
5 Ravenscroft Drive
Suite 102
Asheville, N.C. 28801
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North Carolina Public Records Law and may be disclosed to third parties.