HomeMy WebLinkAbout20150402 Ver 1_More Info Received_20150522Homewood, Sue
From: Derek Goddard <derek @brec biz>
Sent: Friday, May 22, 2015 2 01 PM
To: Alexander, Tasha L SAW, Homewood, Sue
Subject: Re [EXTERNAL] Re PCN for Wilkes County (UNCLASSIFIED)
Attachments: STR Courthouse Drive Extensionrev pdf
OK,
Attached is the revised DMS Letter. You already have the revised pages 4 and 6 of the PCN. Please let me
know If you or Sue Need Hard Copies.
Have a good Holiday.
Thanks
Derek
On Thu, May 21, 2015 at 2:52 PM, Alexander, Tasha L SAW <Tasha L Alexander�qa,usace army.mil> wrote-
Classification UNCLASSIFIED
Caveats. NONE
Derek,
I'm out of the office this week attending ,a training class and I have limited access to email. Yes, it should have
been 246 It was a typo. Sorry for the confusion. I will be back in the office on Tuesday if you need to discuss
anything.
Thank you,
Tasha Alexander
Regulatory Specialist
Asheville Regulatory Field Office
U S. Army Corps of Engineers - Wilmington District
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Phone- 828 271.7980, extension 226
email tasha.l.alexanderc , usace.army.mil
The Wilmington District is committed to providing the highest level of support to the public To help us ensure
we continue to do so, please complete the Customer Satisfaction Survey located at our websrte at
http• / /www.saw.usace army milh nissions /Re�-)ulatoryPermitProgram.aspx to complete the survey online
- - - -- Original Message -----
From- Derek Goddard [mailto:derekLwbrec biz]
Sent Friday, May 15, 2015 2 23 PM
To - Alexander, Tasha L SAW
Subject [EXTERNAL] Re: PCN for Wilkes County (UNCLASSIFIED)
I mean 246.
On Fri, May 15, 2015 at 2:22 PM, Derek Goddard <derek,(&brec.btz> wrote:
Would it not be 226' of permanent impacts? 224 =22? I am just trying to get you something back correct for
one time this month? HAHA
Thanks
On Fri, May 15, 2015 at 11.33 AM, Alexander, Tasha L SAW < Tasha L Alexanderausace.army.mil>
wrote.
Classification: UNCLASSIFIED
Caveats: NONE
Derek,
I have reviewed the revised PCN received April 28, 2015 for impacts to an unnamed tributary to Cub
Creek for the Wilkes County's Courthouse Drive Extension project. The impacts are not accurately assessed
and the mitigation plan provided is not adequate. The plans provided show impacts of 2241ft of stream channel
for culvert installation, 221ft of stream channel impact for class B riprap outlet protection, and 201ft of
temporary impacts for a pump around during construction.
The PCN does not include the 221ft of riprap as a permanent impact Based on the plans provided we
will require mitigation for 2441ft of impact As previously discussed the mitigation ratio will be 2:1. These
impacts occur in a cool water stream and should be mitigated using cool water credits. The PCN indicates
impacts to a warm water stream and the acceptance letter from the Division of Mitigation Services (DMS)
reflect warm water credits. Please revise pages 4 and 6 of the PCN and provide a corrected acceptance letter
from DMS.
Thank you,
Tasha Alexander
Regulatory Specialist
Asheville Regulatory Field Office
U.S Army Corps of Engineers - Wilmington District
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Phone: 828.271.7980 extension 226 <tel:828 271 7980 %2C %20extension %20226>
email: tasha l.alexander(Ausace.arm
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at
http: / /www.saw.usace.arm�. mil/ missions /ReulatoryPermitPro ,,ram.aspx to complete the survey online.
Classification: UNCLASSIFIED
Caveats NONE
ALT X_ *A
VA
INR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
John Yates
Wilkes County
110 North St
Wilkesboro, NC 28697
Project: Courthouse Drive Extension
Division of Mitigation Services Donald R. van der Vaart
Secretary
May 22, 2015
Expiration of Acceptance: November 22, 2015
County: Wilkes
The purpose of this letter is to notify you that the NCDENR Division of Mitigation Services (DMS) is willing to accept payment for
compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this
decision does not assure that participation in the DMS in -lieu fee mitigation program will be approved by the permit issuing agencies
as mitigation for protect impacts It is the responsibility of the applicant to contact permitting agencies to detercmne if payment to the
DMS will be approved You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S § 143 -214 11
Tius acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to DMS Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment must be made pnor•to conducting the authorized work The amount of the in -lieu
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net.
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table The amount of mitigation required and assigned to DMS for this impact is determined by
perm. tting agencies and may exceed the impact amounts shown below
LImpact
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
Buffer I
(Sq Ft)
Buffer II
(Sq Ft )
Cold
Cool
Warm
Ripanan
Non - Riparian
Coastal Marsh
Yadkin
03040101
0
246
0
0
0
0
0
0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010
Thank you for your interest in the DMS inn -lieu fee imtigation program If you have any questions or need additional information,
please contact Kelly Williams at (919) 707 -8915
Sincerely,
Jame B Stanfill
Asset anagement Supervisor
cc Tasha Alexander, USACE - Asheville
Derek Goddard, agent
1652 Mail Service Center, Raleigh, North Carolina 27699 -1652
Phone 919- 707 -89761 Internet www nceep net
An Equal Opportunity 1 Affirmative Action Employer — Made in part from recycled paper
Homewood, Sue
From: Derek Goddard <derek @brec biz>
Sent: Tuesday, May 19, 2015 7 54 AM
To: Alexander, Tasha L SAW
Cc: Homewood, Sue, Janet Comer
Subject: Re PCN for Wilkes County (UNCLASSIFIED)
Attachments: STR Courthouse Drive Extension (1) pdf, 20150519084729262 pdf
Please Find pages 6 and 8 of the PCN Corrected and the updated acceptance letter. Is this sufficient or do you
need hard copies?
Thanks
Derek
On Fri, May 15, 2015 at 11.33 AM, Alexander, Tasha L SAW <Tasha.L Alexandernusace.armv mil> wrote
Classification UNCLASSIFIED
Caveats. NONE
Derek,
I have reviewed the revised PCN received April 28, 2015 for impacts to an unnamed tributary to Cub Creek for
the Wilkes County's Courthouse Drive Extension project. The impacts are not accurately assessed and the
mitigation plan provided is not adequate. The plans provided show impacts of 2241ft of stream channel for
culvert installation, 221ft of stream channel impact for class B riprap outlet protection, and 201ft of temporary
impacts for a pump around during construction
The PCN does not include the 221ft of riprap as a permanent impact. Based on the plans provided we will
require mitigation for 244111 of impact As previously discussed the mitigation ratio will be 2:1. These impacts
occur in a cool water stream and should be mitigated using cool water credits The PCN indicates impacts to a
warm water stream and the acceptance letter from the Division of Mitigation Services (DMS) reflect warm
water credits Please revise pages 4 and 6 of the PCN and provide a corrected acceptance letter from DMS.
Thank you,
Tasha Alexander
Regulatory Specialist
Asheville Regulatory Field Office
U.S. Army Corps of Engineers - Wilmington District
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Phone- 828 271.7980, extension 226
email: tasha.l.alexander a- usace army mil
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure
we continue to do so, please complete the Customer Satisfaction Survey located at our website at
http• / /www.saw.usace.army mil/ missions /Re,(-,ulatoryPermitProgram aspx to complete the survey online
Classification- UNCLASSIFIED
Caveats NONE
"Please note our change of address as of 2/1/2015.
Derek Goddard, PLS, GISP
BREC, P A
126 Executive Drive, Suite 220
Wilkesboro, NC 28697
828.265.4425
336.844.4088
828.964.9349 Cell
www.brec.biz
dereknr brec.biz
Confidentiality Notice
This E -Mail transmission (and/or the documents accompanying it (Attached or uploaded to the BREC, P.A
server) may contain information belonging to the sender and/or intended recipient which is confidential,
privileged and/or exempt from disclosure under applicable law. The information is intended only for the use of
the individual(s) or entity named above. If you are not the intended recipient, you are hereby notified that any
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strictly prohibited. If you have received this E -Mail transmission in error, please immediately notify us by
return E -Mail or telephone to arrange for return of its contents including any documents
NTWA
MCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
John Yates
Wilkes County
110 North St
Wilkesboro, NC 28697
Project: Courthouse Drive Extension
Division of Mitigation Services Donald R van der Vaart
Secretary
May 18, 2015
Expiration of Acceptance: November 18, 2015
County: Wilkes
The purpose of this letter is to notify you that the NCDENR Division of Mitigation Services (DMS) is willing to accept payment for
compensatory mitigation for impacts associated with the above referenced project as indicated in the table below Please note that this
decision does not assure that participation in the DMS in-lieu fee mitigation program will be approved by the permit issuing agencies
as nutigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the
DMS will be approved You must also comply with all other state, federal or local government permits, regulations or authorizations
associated with the proposed activity including G.S. § 143 - 214.11
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification /CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to DMS Once DMS receives a copy of the permit(s) an invoice will be issued based on
the required mitigation in that permit and payment must be made prior to conducting the authorized work The amount of the in -lieu
fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net
Based on the information supplied by you in your request to use the DMS, the impacts that may require compensatory mitigation are
summarized in the following table The amount of mitigation required and assigned to DMS for tlus impact is determined by
permitting agencies and may exceed the impact amounts shown below
Impact
River
Basin
CU
I.ocation
Stream (feet)
Wetlands (acres)
Buffer t
(Sq Ft.)
Buffer II
(Sq Ft )
Cold
Cool
Warm
Riparian
Non - Ripanan
Coastal Marsh
Yadkin
03040101
0
244
0
0
0
0
0
0
Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation The mitigation will be performed
in accordance with the In -Lieu Fee Program instrument dated July 28, 2010
Thank you for your interest in the DMS in -lieu fee mitigation program If you have any questions or need additional information,
please contact Kelly Williams at (919) 707 -8915
er 1}
Mi ael Ellison
Director
CC. Tasha Alexander, USAGE- Asheville
Derek Goddard, agent
1652 Mad Service Center, Raleigh, North Carolina 27699 -1652
Phone 919- 707 -89761 Internet www nceep net
An Equal Opportunity 1 Affirrnatrve Action Employer - Made n part from recycled paper
C. Proposed Impacts Inventory
1. Impacts Summary
la Which sections were completed below for your project (check all that apply)
Wetlands X Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
❑ Yes
Corps
W1 P T
No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P [] T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h Comments
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 X P ❑ T
Fill/Culvert
UT to Cub Creek
X PER
❑ INT
X Corps
X DWQ
3
224'
S2 P x T
Temp
Dewatering /Pump
UT to Cub Creek
X PER
INT
X Carps
X DWQ
3
20
Around
S3 x P ❑ T
Rip Rap Fill
UT to Cub Creek
X PER
❑ INT
X Corps
X DWQ
3
22
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
246
1 Comments,
Page 4 of 10
PCN Form — Version 1 3 December 10, 2008 Version
D.
impact Justification and Mitigation
1.
Avoidance and Minimization
la
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Low impact methods were utilized in designing the road An erosion control plan was developed to minimize land
disturbance No practical alternative exists to relocate the road Originally NCDOT approved the design for the headwalls
and then during construction determined we need to redesign without the walls because they believe the sods will not
support the walls See Attached Justification
lb
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Stringent erosion control standards for sensitive water sheds will be adhered too All disturbances within the buffer will be
stabilized at the end of each days work
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a
Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State*7
X Yes No
2b
If yes, mitigation is required by (check all that apply)
❑ DWQ X Corps
2c
If yes, which mitigation option will be used for this
prolect*7
❑ Mitigation bank
X Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank
3b
Credits Purchased (attach receipt and letter)
Type
Quantity
3c
Comments
4.
Complete if Making a Payment to In -lieu Fee Program
4a Approval letter from in -lieu fee program is attached
X Yes
4b
Stream mitigation requested
246 linear feet
4c
If using stream mitigation, stream temperature
warm X cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e
Riparian wetland mitigation requested
acres
4f
Non - riparian wetland mitigation requested.
acres
4g
Coastal (tidal) wetland mitigation requested
acres
4h Comments
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan
Page 6 of 10
PCN Form — Version 1 3 December 10, 2008 Version