20140869 Ver 1_Creek Repair_20210709

Strickland, Bev
From: Davis, Erin B
Sent: Friday, July 9, 2021 2:45 PM
To: Jeff Keaton; Kim Browning
Subject: RE: [External] Vile Creek Repairs
Since all of the proposed repair work is located within the project's previously permitted stream restoration
construction area, with proposed in -stream structures and bank stabilizations consistent with the original
restoration design, DWR considers the proposed work to be temporary impacts not requiring written 401
approval. Please let me know if you have any questions.
Many thanks,
Erin B. Davis, PWS
Stream & Wetland Mitigation Coordinator
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
919-817-0360 cell
[e-mail]
Original Message
From: Jeff Keaton [mailto:[e-mail]]
Sent: Friday, July 9, 2021 11:14 AM
To: Davis, Erin B <[e-mail]>; Kim Browning <[e-mail]>
Subject: RE: [External] Vile Creek Repairs
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]>
OK, thanks! Let's use our conference line:
800-780-8834
Passcode: 3447885#
Talk to you at 11:30.
Original Message
From: Davis, Erin B <[e-mail]>
Sent: Friday, July 9, 2021 11:10 AM
To: Kim Browning <[e-mail]>; Jeff Keaton <[e-mail]>
Subject: RE: [External] Vile Creek Repairs
I'm available at 11:30.
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Erin B. Davis, PWS
Stream & Wetland Mitigation Coordinator
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
919-817-0360 cell
[e-mail]
Original Message
From: Browning, Kimberly D CIV USARMY CESAW (USA) [mailto:[e-mail]]
Sent: Friday, July 9, 2021 11:03 AM
To: Davis, Erin B <[e-mail]>; Jeff Keaton <[e-mail]>
Subject: RE: [External] Vile Creek Repairs
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]>
I can only do a non -notifying for a NW-3. Doing a NW-13 or 27 is the same amount of paperwork and
processing tim (30-45 days). I'm fine if you break up the repairs (if there's more than one) into two separate
repairs if you can stay below the 75LF threshold. I can do a quick call at 11:30 if necessary but we have another
call at noon.
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
Original Message
From: Davis, Erin B <[e-mail]>
Sent: Friday, July 09, 2021 10:58 AM
To: Jeff Keaton <[e-mail]>
Cc: Browning, Kimberly D CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: [External] Vile Creek Repairs
Jeff - Remind me please, was all of the work bank stabilization related?
Kim - Could a NW13 or NW27 be used? The associated WQC 4134 has a much higher LF threshold.
Erin B. Davis, PWS
Stream & Wetland Mitigation Coordinator
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
919-817-0360 cell
[e-mail]
Original Message
From: Jeff Keaton [mailto:[e-mail]]
2

Sent: Friday, July 9, 2021 10:41 AM
To: Davis, Erin B <[e-mail]>
Cc: Kim Browning <[e-mail]>
Subject: RE: [External] Vile Creek Repairs
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]>
We were planning to start on this next week. Will that be possible? Can we all three get on a call to discuss?
Original Message
From: Davis, Erin B <[e-mail]>
Sent: Friday, July 9, 2021 10:36 AM
To: Jeff Keaton <[e-mail]>
Cc: Kim Browning <[e-mail]>
Subject: RE: [External] Vile Creek Repairs
Hey Jeff,
The 401 General Cert. associated with NWP 3 is WQC No. 4132, which requires written DWR approval for
greater than 40 LF stream impact. If this is at all a possibility, can you please send me a quick email asap
requesting a pre -filing meeting for this activity (one sentence is fine). I can use the email in lieu of the formal
pre -filing form submittal to start the 30-day hold clock.
Thanks,
Erin B. Davis, PWS
Stream & Wetland Mitigation Coordinator
401 & Buffer Permitting Branch
Division of Water Resources
Department of Environmental Quality
919-817-0360 cell
[e-mail]
Original Message
From: Browning, Kimberly D CIV USARMY CESAW (USA) [mailto:[e-mail]]
Sent: Friday, July 9, 2021 10:14 AM
To: Jeff Keaton <[e-mail]>
Cc: Davis, Erin B <[e-mail]>
Subject: [External] Vile Creek Repairs
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]>
Hey Jeff
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Erin and I discussed the Vile Creek repairs. When we were in the field I didn't realize that this permit expired in
2017 (it must have been one Andrea did). Since it is expired you can no longer perform the work under that
permit. You will need to submit a PCN for a NWP-3. lithe repairs are less than 75 LF, you would meet the
conditions for using a non -notifying NWP3, which would save time and documentation from obtaining a new
permit verification. If so, please provide me a short adaptive management plan describing the repairs with a
map and include a cover letter verifying that you meet the conditions. You can probably use a lot of the same
information you used when you replanted this year. Attached is a draft example of what we'd like to see in an
AMP.
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
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).
Hopefully that helps. Let me know if you have any questions.
Kim Browning
Mitigation Project Manager, Regulatory Division I U.S. Army Corps of Engineers
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