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.