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HomeMy WebLinkAbout20140762 Ver 1_401 Certification Comments_20141211Wanucha, Dave From: Cheely, Erin K Sent: Thursday, December 11, 2014 3:13 PM To: Wanucha, Dave Cc: Dagnino, Carla S Subject: RE: R-2915 401 certification comments M From: Wanucha, Dave Sent: Thursday, December 11, 2014 2:33 PM To: Cheely, Erin K Cc: Dagnino, Carla S Subject: RE: R-2915 401 certification comments low #4 - We typically handle some situations that don't go "according to plan" in the field is thru a formal field modificatior or informal (email) communication which is then subsequently placed in the permit file. Either way and whatever the situation, it requires the Division EO (or appointee) to contact DWR (me in this case, or my appointee if I am not available) to explain the issue. We understand that stuff happens. We would not issue an NOV in the case you describe below, as long we were contacted prior to the "change in plans". #18 — In the past, DWR has observed "excessive channel disturbances" beyond what was needed for culvert placemen and other work around .)termitted sites. So for that reason, this condition Is Included and It refers to culvert )tla emen clewatering activities and other related work within the channel and riparian area. The key phrase here is "to the maximum extent practicable". We are not in conflict with #1, just requesting that the work be conducted carefully, sensibly and only to the extent which is needed to accomplish the task. i #8 — Again legacy issues, but with riprap in this instance. We're not saying riprap cannot be used, rather only to use tl which is necessary. DWR's mission is to protect the resource and stream banks are a part of the stream ecosystem providing essential water quality functions. Excess riprap on stream banks diminishes those functions. The USACE do typically call jurisdiction is at the high water mark. NCDWR's mission is a little different in that it includes protecting � M I do not think we need to update the 401. This correspondence will be placed in the project permit file for future reference. Please let me know if you have further questions or concerns. MINIMUM E-mail correspondence to and from this address may besubject to the North Carolina Public Records Law and may be disclosed to third parties From: Cheely, Erin Sent: Wednesday, December 10, 2014 2:41 PIVI To: VVanucha,Dave Cm: Oagnino, Carla S Subject: R-2915 401 certification comments Em Thanks again for sending on the 401 for this project. I've routed the conditions to all appropriate DOT groups and I d get a few questions/comments back that I wanted to pass along to you to see what you thought. I Project Specific #4 — Occasionally WRC may waive the moratorium in isolated locations when things don't go according to plan or due to things beyond our control. The Division is concerned that if this happens, they would still be in Project Specific #18 — Is this condition potentially in conflict with General Condition #1? The excavation for culvert installation/extension would be deeper than the natural streambed. General Condition #8 — In the first sentence, "shall" should be "should" due to the lack of jurisdiction above the Norma' High Water Mark. I think this wording has been changed in past permits to say "should". U1151,111111| Erin Cheely, Environmental Biologist North Carolina Department of Transportation 1598 Raleigh, NC • voice: 919.707.6108 fax: 919.212.5785 From: Wanucha, Dave Sent: Thursday, December 04, 2014 3:40 PM To: Cheely, Erin K Subject: R -2915 Hi Erin, See attached. I'll have Sonia send out to cc's again. Let me know if you need anything else. Thanks. Dave W Dave Wanucha NC DENR Winston Salem Region Office NC Division of Water Resources Transportation Permitting Unit 450 W. Hanes Mill Rd, Suite 300 Winston - Salem, NC 27105 Cell (336) 403 -5655 Office (336) 776 -9703 Dave. Wanuchagncdenr.gov E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. rnall aurrc,aluuinduinae, Co and frorn dhiu ae,inder is aulnjaa� �u dh o IN C I::"ulnlia Zccon:;s I..aw and may Inc divaluaad �o dh ird luartie,a,