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HomeMy WebLinkAboutRE_ _External_ FW_ Permit expiration question - Roaring Branch secondary roadway improvement_ Ashe CountyCarpenter, Kristi From: Wanucha, Dave Sent: Monday, September 12, 2022 8:44 AM To: Hining, Kevin J Subject: RE: [External] FW: Permit expiration question - Roaring Branch secondary roadway improvement, Ashe County Hi Kevin, That should work. Make sure you include verbiage that it's for a permit renewal and that there are no changes to impacts. Dave W. Dave Wanucha Division of Water Resources 401 & Buffer Transportation Permitting NCDOT Divisions 9 and 11 NC Department of Environmental Quality 336-403-5655 Mobile/Office Dave.Wanucha@ncdenr.gov NC DEQ Winston Salem Regional Office 450 West Hanes Mill Road, Suite 300 Winston Salem, NC 27106 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Hining, Kevin J <kjhining@ncdot.gov> Sent: Saturday, September 10, 2022 11:40 AM To: Wanucha, Dave <dave.wanucha@ncdenr.gov> Subject: RE: [External] FW: Permit expiration question - Roaring Branch secondary roadway improvement, Ashe County Hey Dave — speaking of reissuing permits, I just learned about this from one of our permitting staff folks in Raleigh, Michael Turchy. It might resolve my first question (reissue vs new PCN). Does this work for you? Fortunately, for re -issuances, you can use the "General Application Form/Supplemental Info Upload" as your ePCN. prefer to simply indicate this is just a re -issuance request, there are no changes to project impacts from the application and subsequently issued permit dated . Then I provide a brief update regarding Section 7. But everything is short. Monte (USACE) wanted these to be a technicality and not a rigorous re -permitting effort. If that works for you, I'll take that route for the Roaring Branch project, as well as four NW 14 / GC 4135 that I need to reissue since they expired in March 2022, and are currently in their grandfather year. Thanks, Kevin From: Hining, Kevin J Sent: Saturday, September 10, 2022 10:51 AM To: Wanucha, Dave <dave.wanucha@ncdenr.gov> Subject: FW: [External] FW: Permit expiration question - Roaring Branch secondary roadway improvement, Ashe County Hey Dave, We have a project (Roaring Branch Rd improvement, Ashe) that was permitted back in 2014, didn't get built, and the permit was reissued in 2018 (permit attached above). They were able to do some of the project (including the primary impact/main wet pipe), but Covid and budget issues hit, and stalled the completion of the project. As a result, the reissued permit has now expired. We are hoping to finish the project now, but I need to see what my options are — 1)reissue the permit again, or 2) start over and do a new PCN. I'm fine either way, but wasn't sure what you preferred. I contacted USACE already, and Lori wanted to get your thoughts on reissuing the 401, given the recent 401 permit changes. I may end up having to just do a new PCN regardless, but wanted to get your thoughts in case you had a preference. To further help summarize the project and scope of work, I've included the summary letter that Heath provided with the original permit application. I've also included the emails to Lori below. Thanks! Kevin From: Beckwith, Loretta A CIV USARMY CESAW (USA) <Loretta.A.Beckwith@usace.army.mil> Sent: Thursday, September 8, 2022 11:04 AM To: Hining, Kevin J <klhining@ncdot.gov> Subject: [External] FW: Permit expiration question - Roaring Branch secondary roadway improvement, Ashe County CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Also — things to consider: I didn't see any attachments to the PCN. Where are the maps, plans, 106 info, etc.? It will need to be coordinated in accordance with currently requirements for tribal coordination. From: Beckwith, Loretta A CIV USARMY CESAW (USA) Sent: Thursday, September 8, 2022 10:59 AM To: Hining, Kevin J <klhining@ncdot.gov> Subject: RE: Permit expiration question - Roaring Branch secondary roadway improvement, Ashe County Hi Kevin, I'm well thanks. I hope you are too. While I wasn't the PM for this action, I apologize that it wasn't taken care of in 2018. Do you know if DWR is ok with using the issued 401 GC or if they will need to issue a new one (since all the changes last year to the program)? Yes, please send me the email from Heath to Steve (Nov 7, 2018). Thanks, Lori From: Hining, Kevin J <kjhining@ncdot.gov> Sent: Wednesday, September 7, 2022 3:35 PM To: Beckwith, Loretta A CIV USARMY CESAW (USA) <Loretta.A.Beckwith@usace.army.mil> Subject: [Non-DoD Source] Permit expiration question - Roaring Branch secondary roadway improvement, Ashe County Hey Lori, Hope all is well! I have a secondary roadway improvement project (widening and paving, small pipe replacements) that I inherited that was previously permitted, but was never finished. The initial permit was obtained in 2014, a reissuance was requested in 2018 and we received the reissued 401 but doesn't look like we ever heard back about the reissued 404 (1 have an email from Heath to Steve Kichefski on Nov 7t", 2018 if needed). Nothing has changed with the project, it just didn't get finished. They were able to do all the tree cutting and replaced two wet pipes (including the primary wet pipe, the 5 remaining are very small). I'm not sure how reissuances work, so wanted to check if that's an option or if I need to just treat the remaining portion of the project as a new project and send a new PCN and supporting documents to you. Currently, the small springs/water is seeping into a gravel/trash filled roadside ditch, so finishing the project should definitely improve the condition of Roaring Branch, which parallels the project. Regarding species issues - the initial call was No Effect for all applicable species. I think we could still argue that for the species IPaC shows as possibly there (NLEB, Gray Bat, Swamp Pink, Bog Turtle, Rock Gnome Lichen). I say that because all the clearing for the project has already been completed. They will have to clear stump sprouts/small trees that have regenerated, but all the suitable habitat trees (those > 3 inch DBH) have already been removed. No structures will be removed and no waterways that might support bats, no blasting, and recent surveys showed no rock gnome lichen or swamp pink. I attached the permit application for 2014, primarily so you could see the project summary— Heath's two page summary of the project still holds true, and will hopefully give you a good idea of the plans. I can send anything you need (plans, Sec 106 stuff etc.). While I'm hoping I don't have to start over from scratch and redo a new PCN, I will if you need me to. Thanks! Kevi n Kevin Hining Division 11 Environmental Supervisor North Carolina Department of Transportation 828-386-7202 cell kihining .ncdot.gov 801 Statesville Rd. PO Box 250 North Wilkesboro, NC 28659 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.