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Home My WebLink About20230095 Ver 1_More Info Received_20230503From: Barry Nelson To: Homer, Seren M Subject: Re: [External] RE: Second Request for Additional Information: SAW-2023-00159 (Sherwood West townhomes / stream realignment / 3995 A Valley Court / Winston Salem / Forsyth County) Date: Wednesday, May 3, 2023 8:26:22 AM Attachments: image001.g_ng CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. We have stated to David that if there are areas outside of the low flow channel that are in the banks of the large geomorphic channel that we would vegetate with live stakes. A. Barry Nelson, PG President NORTHWEST GEOSCIENCE, P.C. APPLIED EARTH SCIENTISTS www.northwestL,eoscience.com P.O. Box 6418 High Point, NC 27262 336-885-4381 - office 336-880-5834 - mobile On Tue, May 2, 2023 at 6:23 PM Homer, Seren M <seren.homerUncdenr.gov> wrote: Good afternoon Barry, Thank you for your responses and the additional information provided. DWR has the same concerns as the USAGE. As David has stated, the areas just outside of the proposed low flow channel would be considered the stream banks, which require stabilization. Pursuant to 15A NCAC 02H .0506-.0507, "Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. " DWR cannot approve the plan without assurance that the stream will be stable and not cause downstream water quality violations. The establishment of native woody vegetation and other soft stream bank stabilization techniques should be used where practicable. Please provide a response within 30 days of receipt. Please note that the application will be considered "on -hold" until receipt of a complete response. ' Please let me know if you have any questions. Thank you, Seren Homer (she/her/hers) Environmental Specialist, Division of Water Resources North Carolina Department of Environmental Quality Office: (336) 776-9698 1 Cell: (336) 403-4684 seren. homer&ncdenr. gov E QNORTH CAROLINA Department of Environmental Quality Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2&usace. army.mil> Sent: Friday, April 14, 2023 12:05 PM To: Barry Nelson <anelson c&northwestgeoscience.com> Cc: Homer, Seren M <seren.homer&ncdenr.gov> Subject: [External] RE: Second Request for Additional Information: SAW-2023-00159 (Sherwood West townhomes / stream realignment / 3995 A Valley Court / Winston Salem / Forsyth County) CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Hi Barry. We would consider any part of the stream channel outside of the low flow wetted perimeter along the channel bottom as the "stream bank", and item (f) of the NWP 13 description and NWP General Condition 12 require them to be stable. I can't permit the new channel without stabilization measures. Typically coir fiber matting and live stakes works well and relatively inexpensively for these purposes, but I'm sure other options are available. -Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David.E.Bailey2nusace.army.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: htt-ps://regulatory.ops.usace.a=.mil/customer- service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Barry Nelson <anelson o.northwestgeoscience.com> Sent: Tuesday, March 28, 2023 10:51 AM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2&usace.army.mil> Subject: [URL Verdict: Unknown][Non-DoD Source] Re: Second Request for Additional Information: SAW-2023-00159 (Sherwood West townhomes / stream realignment / 3995 A Valley Court / Winston Salem / Forsyth County) Dave: The new low channel will be a shallow channel to carry low daily flows so that there will be no "banks". This channel will be located where there is a low sand bar that is present at this time. The entire bar will be removed to facilitate the new channel. The existing high bank on the opposite side of the stream is heavily vegetated and will not be disturbed. Please advise if this is sufficient. Thank you. A. Barry Nelson, PG President NORTHWEST GEOSCIENCE, P.C. APPLIED EARTH SCIENTISTS www.northwestgeoscience.com P.O. Box 6418 High Point, NC 27262 336-885-4381 - office 336-880-5834 - mobile On Tue, Mar 28, 2023 at 10:34 AM Bailey, David E CIV USARMY CESAW (USA) <David.E.Bailey2&usace.army.mil> wrote: All, Thank you for the responses you submitted for the above referenced project. I have reviewed the information and need clarification before proceeding with verifying the use of Nationwide Permit (NWP) 13 (https:Hsaw-reg.usace.army.mil/NWP2021/NWP- 13.pdf). Please submit the requested information below (via e-mail is fine) within 30 days of receipt of this Notification, otherwise we may deny verification of the use of the Nationwide Permit or consider your application withdrawn and close the file: 1. Your responses appear to have resolved previous comment items 1, 2, and 4. Thank you for your attention to these matters. 2. Previous comment item 4 stated: How will the proposed stream channel banks be stabilized to prevent erosion and scour once water is released in the new channel? Note that, unless otherwise not practicable, stream banks must be seeded with a regionally appropriate native riparian seed mix and should be live staked with native riparian woody species. The description included in your response is insufficient, as it does not indicate that the finished channel will remain stable. Constructing the channel as proposed without stabilization measures does not meet item (f) of the NWP` 13 description, nor does it meet NWP General Condition 12. If the substrate through which the new channel will be constructed is not suitable for vegetative stabilization then measures must be taken to otherwise facilitate a stable channel. Such measures could include biodegradable matting on the new stream banks (not within the channel), to be combined with soil amendments, seeding and live staking with native vegetation, etc. For NCDWR: Within 14 days, please notify me if the certification request does not contain the nine (9) components listed in Section 121.5(b) of the 2020 Clean Water Act Section 401 Certification Rule; otherwise, we will consider our receipt date (2/27/2023) as accurate. As specified in the 9/16/2022, Programmatic Agreement (PA) between the USACE and the NCDWR, the reasonable period of time (RPOT) for DWR to act on a Section 401 certification request is 120 days unless the RPOT is extended per the terms of this PA. As such, unless we receive an email request for an extension of the RPOT, the USACE will consider the Section 401 certification for this project to be waived on 6/27/2023. Please let me know if you have any questions. Sincerely, Dave Bailey David E. Bailey, PWS Regulatory Project Manager US Army Corps of Engineers CE-SAW-RG-R 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 Mobile: (919) 817-2436 Email: David.E.Bailey2&usace.armv.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: https://regulatory.ops.usace.army.mil/customer- service-survey/ Thank you for taking the time to visit this site and complete the survey. From: Barry Nelson<anelsonnnorthwestgeoscience.com> Sent: Monday, February 27, 2023 12:24 PM To: Bailey, David E CIV USARMY CESAW (USA) <David.E.Baile 2&usace.armvmil>; Homer, Seren M <seren.homer(c�r�,ncdenr.gov>; rebecca. chandler&ncdenr.gov Subject: [URL Verdict: Unknown][Non-DoD Source] Stabilization of Petree Creek, Winston-Salem, NC Attached please find our response letter to comments by Mr. Bailey. A. Barry Nelson, PG President NORTHWEST GEOSCIENCE, P.C. APPLIED EARTH SCIENTISTS www.northwestgeoscience.com P.O. Box 6418 High Point, NC 27262 336-885-4381 - office 1 336-880-5834 -mobile