Loading...
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 disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is 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