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HomeMy WebLinkAbout20140957 Ver 1_Draft SAW NCDENR Meeting Notes_20160209Burdette, Jennifer a From: Imorrison@dawsonassociates.com Sent: Tuesday, February 09, 2016 8:56 AM To: 'Gibby, Jean B SAW' Cc: 'Wade Hammer'; 'Spencer Trichell'; 'Sandra H Williams (Services - 6)'; Burdette, Jennifer a; 'Greer, Emily C SAW'; Imorrison@dawsonassociates.com Subject: RE: [EXTERNAL] RE: ACP - Draft SAW/NCDENR Meeting Notes Jean, Thank you for drafting the notes, we'll review and add our edits in track change and coordinate back with everyone before finalizing. Again, thank you and Pearl for your time in meeting with us and helpful guidance. Best regards, Linda Linda Morrison I Senior Advisor Dawson & Associates, Inc. 1 1225 1 (Eye) Street, NW Suite 250 1 Washington, DC 20005 www.dawsonassociates.com Imorrison@dawsonassociates.com Fed Mark Solutions, LLC I Owner 3654 Coughlin Court, Franklinton, NC 27525 Imorr@FedMarkSolutions.com (912) 659-8318 Cell -----Original Message ----- From: Gibby, Jean B SAW [mailto:Jean.B.Gibby@usace.army.mil] Sent: Monday, February 08, 2016 3:16 PM To: Imorrison@dawsonassociates.com Cc: 'Wade Hammer'; 'Spencer Trichell'; Sandra H Williams (Services - 6); Burdette, Jennifer a; Greer, Emily C SAW Subject: RE: [EXTERNAL] RE: ACP - Draft SAW/NCDENR Meeting Notes Team, Here is the copy of my version of the notes -granted, I expect it needs a bit of tweaking. Please Jean B. Gibby Chief, Raleigh Field Office U.S. Army Corps of Engineers Regulatory Division 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 (919) 554-4884, Ext. 24 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 http://regulatory.usacesurvey.com/. -----Original Message ----- From: Linda Morrison [mailto:lmorr@fedmarksolutions.com] On Behalf Of Imorrison@dawsonassociates.com Sent: Wednesday, February 03, 2016 3:37 PM To: Gibby, Jean B SAW <Jean.B.Gibby@usace.army.mil> Cc: 'Wade Hammer' <Wade.Hammer@erm.com>, 'Spencer Trichell' <Spencer.Trichell@erm.com>, Imorrison@dawsonassociates.com Subject: [EXTERNAL] RE: ACP - Draft SAW/NCDENR Meeting Notes Jean, Would you please resend a copy of the Meeting Notes from last week that you drafted. It didn't come through on my fedmark email. Thanks Linda Linda Morrison I Senior Advisor Dawson & Associates, Inc. 1 1225 1 (Eye) Street, NW Suite 250 1 Washington, DC 20005 Blockedwww.dawsonassociates.com<Blockedhttp://www.dawsonassociates.com/> I Imorrison@dawsonassociates.com Fed Mark Solutions, LLC I Owner 3654 Coughlin Court, Franklinton, NC 27525 Imorr@FedMarkSolutions.com (912) 659-8318 Cell From: Spencer Trichell [mailto:Spencer.Trichell@erm.com] Sent: Wednesday, January 27, 2016 4:05 PM To: jean.b.gibby@usace.army.mil, jennifer.burdette@ncdenr.gov Cc: Sandra H Williams (Services - 6), Linda Morrison, Wade Hammer Subject: ACP - Meeting Agenda Jean and Jennifer, I am providing a copy of the agenda for our meeting tomorrow. We look forward to meeting with you. Regards, SpencerTrichell This electronic mail message may contain information which is (a) LEGALLY PRIVILEGED, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee (s) names herein. 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Project Overview Current Alignment: submitted permit application to FERC and Resource Reports and submitted PCN in Sept 2015, the filing was to initiate the DEIS, followed by EIS - FERC came back and had data requests, stakeholder requests and asked for clarification and consideration of route alternatives; the driver on alternatives is the Forestry Service in WV and VA -two sensitive areas in both forests -Mon -Northern Flying Squirrels and Cheat Mountain -did surveys and aren't compliant with the Forestry Plan and the USFS wanted them to go away from Cheat Mountain -miles of relocation would be required. Mont in VA -any route where another Shenandoah with another salamander, so they have to go around —they are pushing for another alternative route; lots of meetings scheduled in the next week to 10 days and need to make sure that a new route would meet Dominion's P&N; were planning on Dec/Jan EIS (4-4-2-DEIS- FEIS-Certificate); 4 months for the DEIS, 4 months for the EIS and then after 2 months the Certificate and then 3 months for the Notice to Proceed- Data requests indicated that once they answer to the requests -until Dominion gets the routes settled out can the clock be restarted and don't know what the implications are on scheduling; -In the supplements, they have answered 2/3s of the questions -165 comments -some with subparts -some didn't involve route dependency. The third batch is route depended -want to know where that route is -have to have a route before you have a project and they have a project with a logical terminus; the routing process gets you to issuance of DEIS, EIS and ultimately Certification. FERC could disagree and they would have to tweak again in necessary. -Requested file to be digital, particularly information going to FERC; the Corps doesn't have the file storage space for all of the documentation and having it digitally would make review and ultimate file storage much easier. Present: Spencer Trichell and Wade Hammer-NRG-permitting coordinator; Linda Morrison - Dawson & Associates, Jean Gibby-Corps, Jennifer Burdette-NCDENR-Division of Water Resources, Sandy Williams -Dominion 2. FERC Status Update -all discussed above in first two paragraphs a. 4 Dec 15 Data Request b. Atlantic Response Timeline c. Draft EIS 3. USFS Status Update -all discussed in the first two paragraphs a. Consideration of Alternative Routes b. Timeline implications 4. USFWS Consultation Status -consultation status -been meeting with FWS, NCWRC, identifying species and/or lack thereof -found Indiana and Northern Long Eared bats -did acoustic surveys and they have requested mist netting; have found beds of state listed mussels -looking at alternatives; FWS-meeting with the regional and local offices; working on funding a position just to review this. 5. Section 106 and Tribal Consultation Status — been out for 2 years doing cultural surveys; APE for this project is the entire project -cultural has been done in all required locations; 1st round of reports was provided in supplements. 6. Water Quality Certification -got Jennifer's letter; some of the information that Jennifer requested; information is route dependent -sedimentation and erosion control plans -running behind -FERC application requires that all permits be submitted at that time and stormwater would follow once the route is selected and they will submit it later. If E&S permit has a shorter lead time than 401; JB -60 day permit turn around for 401 and buffers and ST can do the expedited review with E&S. 7. Stream Buffer Permitting -ties into 401 -James is leaving and Joe Hollar has been in close contact -Joe is back to the drawing board and is looking towards February -contact has been made a. Field Verification Schedule - 8. Juniper Farms Mitigation Bank Crossing -Johnston County -part of Neu -Con -middle of Neuse Tree Farm -bank is closed out -not in RIBITS -landowner stated that there was a tree farm under conservation (EBX); Wildlife Habitat is easement holder; NWI, where they are crossing is the best place to cross the river bottom; the Corps doesn't look favorably upon modifying CEs- however JG will check with Corps OC and Mitigation team; Dominion has a copy of it and the MBI; requested a copy for our review; Linda will get guidance from other districts that have policies on working in CEs 9. Progress Energy Colocation-alternative around Fayetteville and takes advantage on co - location -green route - a. FERC data request - b. Alternative Route Consideration -green route is co -located -3.7 acres of additional forested wetlands (based off of NWI); however, FERC stated that redline goes closer to homes and please go back to discuss why wetland resources are more important that social resources. Up to six Carolina Bay crossings -red route doesn't cross any named bays -maybe one remnant bay. Have to maintain route to around mile marker 130 to connect with M&R station; importance of bays -should they elaborate on this response; EJ-?; has the Corps looked at these areas yet -No - haven't been surveying in the field alternatives -if FERC adopts then they would; EG -bays could have been drained and could have been impacted -visually they retain their shapes in NWI; competing constraints; while collocated -will send map with NWI layers along with table and Pearl and Jean will evaluate; James Dell Road; Ward -managed forest land -desktop based on aerial -estimated 7.3 miles, with estimating about 1.7 within rotational forest of the 7.3 miles; 5 additional miles of forested crossing -not 5 acres; looking ST -Wade -need to role in T&E issues, turn NWI layer on the map and can copy; T&E-might have survey routes 10. Field Survey and USACE Field Verification -Progress Energy -only have 3 miles left in NC; Craig identified the areas he wanted to look at -done with lateral; we are done in RFO with reviewing route; Pearl has been contacted by Joe for route locations. February stream reviews and final reviews with Pearl. ST -strategy is to try to work with the individuals to avoid additional impacts If Craig is finished with his review, we are done from the RFO with field review. When is mist nesting going to be done?; found sites outside; working with FWS to put out detectors in February to see if they are active; if they don't hibernate, if they are active, then you can capture in mist nests; will set mist nests if they are active and do positive identification. Land disturbance is not an impact, but white nose syndrome is the main problem. The final 4(d) rule greatly reduced the limitations under the ESA. 11. Next Steps -hunger for data; one thing we don't have -have not quantified impacts on access roads -have looked at those and all have been considered -as an access road is being used through a wetland, will use timber mats to access road impacts based on current route are temporary, even for stream crossings. Timeframes for DEIS-will come out once the third set of data is answered and will come after USFS route is approved and go to the next level of review. Corps would need information on SHPO, ESA and mitigation prior to finalizing our permit action. ORM Upload table -lateral data -first flush Relative comparison for Progress co -location in NC -Juniper Farms Mitigation Site -ST will provide map (Corps has map), will also provide a copy of the MBI and CE -LM-guidance to impact CE from other Districts -will look into James Dell Road site -JG-seed mixture for replanting needs to be provided to Sandra -done early February 16