20100752_Marla's response_20161024

Carpenter,Kristi
From:Chambers, Marla J
Sent:Monday, October 24, 2016 1:55 PM
To:Shown, Marc T; Eller, Douglas W; Matthews, Monte K SAW; Kichefski, Steven L SAW;
Slaughter, Johnathan H
Cc:Dagnino, Carla S; Wanucha, Dave; Barrett, William A; Buncick, Marella;
'[e-mail]'; Beaver, G Trent; Pettyjohn, Michael A; Lauffer,
Matthew S
Subject:Marla's response
Thank you for your willingness to make some changes to the plans that I believe will be more protective of the resource
and help to ease the concerns of a property owner, Mr. Marshall. I know he has additional concerns about what he's
being asked to sign and if he will be responsible for problems arising from actions taken by NCDOT. He also is worried
about his pond dam(s) downstream and along the bank of this stream, which may be vulnerable, according to his site
assessment. Perhaps a period of monitoring the stream banks downstream through some bankfull events would help
give Mr. Marshall the confidence he needs to be on board and allow the work to move forward before we get much
further into the trout moratorium. When new plans are drawn up, please include the length of time it is expected to
take for the work inside the trout buffer.

Thanks,
Marla

Marla Chambers // NCDOT Coordinator
Habitat Conservation Program

NC Wildlife Resources Commission
c/o NCDOT
206 Charter Street
Albemarle, North Carolina 28001
office: 704-982-9181
mobile: [phone]
[e-mail]

ncwildlife.org

-----Original Message-----
From: Shown, Marc T
Sent: Friday, October 21, 2016 7:41 AM
To: Eller, Douglas W <[e-mail]>; Chambers, Marla J <[e-mail]>; Matthews, Monte K
SAW <[e-mail]>; Kichefski, Steven L SAW <[e-mail]>; Slaughter,
Johnathan H <[e-mail]>
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Cc: Dagnino, Carla S <[e-mail]>; Wanucha, Dave <[e-mail]>; Barrett, William A
<[e-mail]>; Buncick, Marella <[e-mail]>; '[e-mail]'
<[e-mail]>; Beaver, G Trent <[e-mail]>; Pettyjohn, Michael A
<[e-mail]>; Lauffer, Matthew S <[e-mail]>
Subject: RE: Permit Modification Application for R-2237C Watauga/Caldwell Counties

Doug and Marla,

There are no issues with ending the pipe as close to Bill's Lane as possible and constructing ditch from there to the
creek. I would recommend that the ditch connect to the creek at an angle close to perpendicular as this will reduce the
amount of impacts to the existing vegetated area between Bill's Lane and the Creek. This is not a good location for a
level spreader as it would be often inundated by the creek and given its location and the fact that it is in a wooded
section it would be very difficult to maintain.

Marc

-----Original Message-----
From: Eller, Douglas W
Sent: Wednesday, October 19, 2016 3:40 PM
To: Chambers, Marla J <[e-mail]>; Matthews, Monte K SAW
<[e-mail]>; Kichefski, Steven L SAW <[e-mail]>; Slaughter,
Johnathan H <[e-mail]>
Cc: Dagnino, Carla S <[e-mail]>; Wanucha, Dave <[e-mail]>; Barrett, William A
<[e-mail]>; Shown, Marc T <[e-mail]>; Buncick, Marella <[e-mail]>;
'[e-mail]' <[e-mail]>; Beaver, G Trent <[e-mail]>; Pettyjohn,
Michael A <[e-mail]>
Subject: RE: Permit Modification Application for R-2237C Watauga/Caldwell Counties

Marla

The previous property owner contacted us and asked us to look at his property eroding at the outlet of the pipe installed
as part of the project. He had contacted us several times about the damage being done to his property and his driveway
being washed away. At of the point of discharge it was evident that the water that was coming from the storm drain was
making its way through the woods and across his drive. I asked the Hydraulics Unit to come up and review so that a
solution could be found to eliminate the concerns of the property owner. Since the outlet of the pipe was already
showing early signs of cutting a ditch through the woods, it was the Departments opinion the problem would be
recurring and that the eroding/cutting of the ditch would eventually create a large ravine over a period of years. In
addition the point discharge would continue to find its way to the drive and continue washing the driveway. Since the
property owner brought it to the Department's attention, the Division was obligated to try to correct the problem that
will continue to exist if not corrected. After Hydraulics reviewed this area in the field, it was decided that piping the
storm water was the best solution to prevent future erosion and protect the drive.

The plastic pipe you saw along the slope is temporary slope drain used during construction to protect the slope from
washing. That pipe will be removed.

Unless Hydraulics Unit objects, I see no reason why we could not stop the pipe shorter and install longer rip rapped
ditch to further dissipate the energy. We would need to carry the pipe across the driveway to try to prevent the drive
from washing. Once we cross the drive where ever the property owners involved would like, we could stop the pipe and
continue with the rip rap ditch if that is more desirable. Typically property owners do not want open ditches on their
property so we were operating on that premise.

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The zig zagging pipe is a means to dissipate the energy of the water while it is in the pipe system. Every time the water
has to travel through a turn or go through a drainage structure it loses energy. So the zigzag design was a method to
reduce the energy as much as possible before the water got to the outlet. The property owners that own the up slope
woods portion of the drainage revision have already signed. Part of the condition of their signature was the number of
trees that were to be cut. Although the PDE is 100' wide the contractor agreed to only cut the trees necessary to get the
pipe system installed. So clearcutting of the PDE is not supposed to occur. The current owners expressed a desire to
build a vacation rental on the slope adjacent to the PDE and requested that we leave as many trees as possible.

Hopefully this answers some of your questions.

doug

-----Original Message-----
From: Chambers, Marla J
Sent: Wednesday, October 19, 2016 12:42 PM
To: Matthews, Monte K SAW; Kichefski, Steven L SAW; Slaughter, Johnathan H; Eller, Douglas W
Cc: Dagnino, Carla S; Wanucha, Dave; Barrett, William A; Shown, Marc T; Buncick, Marella;
'[e-mail]'
Subject: RE: Permit Modification Application for R-2237C Watauga/Caldwell Counties

I met with the property owner, Mr. Marshall, and Dave Wanucha (DWR) on site yesterday. I took a number of photos, I'll
share some in a subsequent email. The visit left me with additional questions, particularly about the erosion issue
prompting the mod request. From the current outlet of the pipe downslope to the gravel road (Bills Lane), there
appeared to be only minor erosion, however there has been a washout of the road last winter. That washout left a
channel of gravel meandering through the relatively flat area between the road and the stream. Part of that flow took a
direct path similar to where the pipe is proposed, but it appears the majority of the flow meandered parallel to the
stream, through the relatively flat area for a ways. That area is approximately 75' wide between thee road and the
stream.

So is that washout months ago the reason for the mod? Was the drainage pattern different upslope in the construction
zone then? There was also a plastic flexible pipe upslope directing the water away from the current pipe outlet, is that
temporary or permanent? Was that there during the washout or placed there afterwards? Could the washout have
occurred due to certain circumstances that no longer exist, or is this likely a recurring problem? I'm trying to better
understand the problem to make sure the solution makes sense.

The plans are calling for an 8' x 12' riprap pad between the pipe outlet and the stream, however there is a marker
indicating the end of pipe at the edge of the stream channel, aimed at a rock on the other side of the small stream. So
I'm not sure if the current plans are feasible and if they are, could the pipe outlet sooner and the riprap be extended to
accomplish some treatment and energy dissipation. Perhaps a riprap channel could run parallel to the stream, like the
path the washout flow took, for even better treatment and dissipation. Maybe a level spreader can be incorporated.
Since the plans call for the pipe to be zigzagged down the slope, there appear to be many options for where the pipe
crosses the road and emerges.

The installation of the zigzagging pipe would likely involve a lot of tree clearing and earth moving. I do question the need
for all that and am concerned about it occurring during the trout spawning season. Couldn't a riprap drainage channel be
run down the slope, like I see on large fill slopes? Or maybe all that's needed are a few strategically placed rocks upslope
to spread out or redirect the flow. Another thought we had in the field was to collect the water on the upslope side if
the road and run it in a ditch or pipe beside the road. If a pipe, then outlet it far enough away from the receiving stream
to get some treatment.

Those are some thoughts and questions. Seems like we need to get some people together to figure out what's really
going on, what is needed to solve and how best to do it.
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Marla

Marla Chambers // NCDOT Coordinator
Habitat Conservation Program

NC Wildlife Resources Commission
c/o NCDOT
206 Charter Street
Albemarle, North Carolina 28001
office: 704-982-9181
mobile: [phone]
[e-mail]

ncwildlife.org

-----Original Message-----
From: Chambers, Marla J
Sent: Friday, October 14, 2016 4:35 PM
To: Matthews, Monte K SAW <[e-mail]>; 'Kichefski, Steven L SAW'
<[e-mail]>; Slaughter, Johnathan H <[e-mail]>; Eller, Douglas W
<[e-mail]>
Cc: Dagnino, Carla S <[e-mail]>; Wanucha, Dave <[e-mail]>; Barrett, William A
<[e-mail]>; Shown, Marc T <[e-mail]>; Buncick, Marella <[e-mail]>;
[e-mail]
Subject: RE: Permit Modification Application for R-2237C Watauga/Caldwell Counties

I have reviewed the permit modification and have spoken with the property owner at the proposed outlet at Site XIV,
Mr. Shannon Marshall. I'm scheduled to meet with him on site on Tuesday to get a better view of the situation. If I
understand correctly, issues with Mr. Marshall (signing of drainage easement) will need to be resolved before the permit
can be issued and construction take place. It looks like that will probably go beyond Nov. 1. Once we determine the best
way to resolve this and the amount of work involved, I intend to allow a short suspension of the moratorium, just long
enough to do the work.

Mr. Marshall appears to be trying to ensure that long term negative impacts to the trout stream and his property do not
occur and that this is resolved is the best manner. I'm told that shoulder berm gutters will be used to transport water
along the US 321 project into the pipe that takes it downhill and outlets on his property to flow to Baileys Camp Creek.
Then an 8' long riprap dissipater outlet pad is proposed between the pipe and the stream (although the end of pipe is
marked at the stream channel in the field). This provides little to no filtration or treatment of the stormwater. The pipe
does reduce the slope to be relatively flat the last 80' or so and outlets at a 90 degree angle to the stream. The concerns
are with both water quality and quantity/velocity. Erosive forces in the channel could jeopardize a pond dam at the bank
of the stream about 100 ' downstream, as well as impact the quality of the water in the trout stream.

I'm wondering if there are any opportunities for improvements here that could help Mr. Marshall and me feel more
comfortable with this work, so we can move forward and get the erosion situation fixed. Can riprap ditches be used
instead of shoulder berm gutters? Can the pipe outlet location be changed to allow for a longer riprap treatment and
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energy dissipation and a better angle to the stream? Can the inside of the pipe be roughened (such as a series of sills)?
Can NCDOT agree to monitor the channel at and downstream of the pipe outlet to ensure long term stability?

I'm hoping we can find a way to protect the trout stream and move forward on this.

Marla

Marla Chambers // NCDOT Coordinator
Habitat Conservation Program

NC Wildlife Resources Commission
c/o NCDOT
206 Charter Street
Albemarle, North Carolina 28001
office: 704-982-9181
mobile: [phone]
[e-mail]

ncwildlife.org

-----Original Message-----
From: Kichefski, Steven L SAW \[mailto:[e-mail]\]
Sent: Friday, September 30, 2016 2:07 PM
To: Slaughter, Johnathan H <[e-mail]>; Eller, Douglas W <[e-mail]>; Chambers, Marla J
<[e-mail]>
Cc: Matthews, Monte K SAW <[e-mail]>; Dagnino, Carla S <[e-mail]>
Subject: RE: Permit Modification Application for R-2237C Watauga/Caldwell Counties

Heath/Marla,
Just wanted to let you know that in an effort to get this modification done as soon as possible, Monte will be working on
this one. I have copied him on this email.

Regards,
Steve

-----Original Message-----
From: Slaughter, Johnathan H \[mailto:[e-mail]\]
Sent: Friday, September 30, 2016 11:47 AM
To: Eller, Douglas W <[e-mail]>; Chambers, Marla J <[e-mail]>
Cc: Kichefski, Steven L SAW <[e-mail]>
Subject: \[EXTERNAL\] FW: Permit Modification Application for R-2237C Watauga/Caldwell Counties

Marla,

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Be advised that this proposed work is being done to fix and ongoing erosion issue. I would think you would want it
addressed even if during the winter. We are fine with doing the work prior to 11/1 but that is dependent on getting the
modification back from the corps soon.

From: Chambers, Marla J
Sent: Friday, September 30, 2016 11:43 AM
To: Dagnino, Carla S <[e-mail]>
Cc: Slaughter, Johnathan H <[e-mail]>
Subject: RE: Permit Modification Application for R-2237C Watauga/Caldwell Counties

If the work can be done by Nov. 1, we can agree to delay the start of the moratorium until then. If not, I'll need more
info as to how long it will take to do the in-water/in-buffer work and how much soil disturbance and potential for losing
sediment into the stream there will be. I do request that ground-disturbing work occurring in the buffer during the 2-
week delay be minimized.

Marla

Marla Chambers // NCDOT Coordinator

Habitat Conservation Program

NC Wildlife Resources Commission

c/o NCDOT

206 Charter Street

Albemarle, North Carolina 28001

office: 704-982-9181

mobile: [phone]

[e-mail] <mailto:[e-mail]>

ncwildlife.org <Blockedhttp://ncwildlife.org/>

<Blockedhttp://twitter.com/ncwildlife>
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<Blockedhttp://www.facebook.com/pages/NC-Wildlife-Resources-Commission/169986143088699?ref=tn_tnmn>

<Blockedhttp://instagram.com/ncwildlife>

<Blockedhttp://www.youtube.com/user/NCWRC?blend=2&ob=video-mustangbase>

From: Dagnino, Carla S
Sent: Thursday, September 29, 2016 3:24 PM
To: Chambers, Marla J <[e-mail] <mailto:[e-mail]> >
Subject: FW: Permit Modification Application for R-2237C Watauga/Caldwell Counties

Hi Marla,

Please see the email below. The Division is asking for an allowance to work instream beyond the moratorium date of
October 15th.

Will you please give input on this - so they can address the problem at this site?

Thanks!

Carla

From: Eller, Douglas W
Sent: Wednesday, September 28, 2016 9:43 AM
To: Dagnino, Carla S
Cc: Slaughter, Johnathan H; Beaver, G Trent
Subject: RE: Permit Modification Application for R-2237C Watauga/Caldwell Counties

Carla

Is there anyway we can get a verbal to proceed with this work or permission to install these rip rap dissipater pads after
Oct 15. We desperately need to correct and prevent any further erosion damages to the property receiving our storm
drain flow from the project. Currently we're waiting on AT&T to move they're lines in conflict. AT&T in notoriously slow
and I'm afraid by their fault we will be pushed a little passed the Oct 15 timeframe. I think this is a benefit to all to get
this addressed.
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Thanks

Doug Eller

District Engineer

From: Slaughter, Johnathan H
Sent: Wednesday, September 28, 2016 8:36 AM
To: Beaver, G Trent; Eller, Douglas W
Subject: FW: Permit Modification Application for R-2237C Watauga/Caldwell Counties

FYI

From: Dagnino, Carla S
Sent: Tuesday, September 27, 2016 5:11 PM
To: '[e-mail]' <[e-mail]
<mailto:[e-mail]> >; Chapman, Amy <[e-mail]
<mailto:[e-mail]> >
Cc: [e-mail] <mailto:[e-mail]> ; Cynthia VanDerWiele
<[e-mail] <mailto:[e-mail]> >; Joyner, Drew <[e-mail]
<mailto:[e-mail]> >; Militscher, Chris ([e-mail] <mailto:[e-mail]> )
<[e-mail] <mailto:[e-mail]> >; Monte Matthews ([e-mail]
<mailto:[e-mail]> ) <[e-mail]
<mailto:[e-mail]> >; Tony Able ([e-mail] <mailto:[e-mail]> )
<[e-mail] <mailto:[e-mail]> >; Al-Ghandour, Majed N <[e-mail]
<mailto:[e-mail]> >; Koch, Thomas K <[e-mail] <mailto:[e-mail]> >; Carpenter,Kristi
<[e-mail] <mailto:[e-mail]> >; Chambers, Marla J
<[e-mail] <mailto:[e-mail]> >; Mellor, Colin <[e-mail]
<mailto:[e-mail]> >; NCDOT Service Account - Roadway Design <[e-mail]
<mailto:[e-mail]> >; Pettyjohn, Michael A <[e-mail] <mailto:[e-mail]>
>; Slaughter, Johnathan H <[e-mail] <mailto:[e-mail]> >; Staley, Mark K
<[e-mail] <mailto:[e-mail]> >; Wanucha, Dave <[e-mail]
<mailto:[e-mail]> >; Wilkins, Ronald B <[e-mail] <mailto:[e-mail]> >;
RaSharon King ([e-mail] <mailto:[e-mail]> ) <[e-mail] <mailto:[e-mail]> >;
[e-mail] <mailto:[e-mail]> ; Barrett, William A <[e-mail]
<mailto:[e-mail]> >
Subject: Permit Modification Application for R-2237C Watauga/Caldwell Counties

The Permit Modification Application for R-2237C has been posted to the website. The electronic copy can be viewed
/downloaded at

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Blockedhttps://connect.ncdot.gov/resources/Environmental/

Named: R-2237C MOD Caldwell Watauga September 27 2016

Thank you.

Carla Dagnino

Western Region Environmental Program Supervisor II

Natural Environment Section

Project Development and Environmental Analysis

NC Department of Transportation

919 707 6110 office

[e-mail] <mailto:[e-mail]>

1598 Mail Service Center

Raleigh, NC 27699 -1598

1020 Birch Ridge Drive

Raleigh, NC 27610

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Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third
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