20170639 Ver 1_Corps Comments_20170623

Wanucha, Dave
From: Alsmeyer, Eric C CIV USARMY CESAW (US) <[e-mail]>
Sent: Friday, June 23, 2017 10:23 AM
To: Slaughter, Johnathan H
Cc: Wanucha, Dave
Subject: RE: SR 1333, Surry_
H�athe I apologiz�e I thought I s�nt this �-mail back on May 26, but som�hovv it �nd�d up in my draft �-mails. I vvill b� s�nding
you th� NWP 13 v�rification on Manday.
� . .� � �.� � *� . . �� . " . . ��
�� � � . " . �.� .� � � . � �.� *�
Pg 1880; "W� hav� r�mov�d th� last two s�nt�nc�s of this paragraph. Th� us� of riprap or oth�r �rosion control m�asur�s such
as bio�ngin��ring to prot�ct th�
structur� or fill from �rosion may b� authoriz�d by oth�r NWPs, such as NWP 13,,°
Pg 1881e "Th� proj�ct propon�nt has th� option of using NWP 13 or anoth�r NWP to authoriz� th� plac�m�nt of riprap to
prot�ct th� �xisting structur�, which in
som� circumstanc�s do�s not r�quir� a PCN.,°
NWP is for r�pair of authoriz�d structur�s or fill, p�r th� NWP 3 t�rms; You did not indicat� that th� propos�d riprap
would prot�ct or r�plac� an authoriz�d structur� or fill. It app�ars that th� curr�nt roadway was built on upland (riv�r
bank) n�xt to th� Mitch�ll Riv�r.
• • ;, �
�
If your int�rpr�tation is diff�r�nt than min�, giv� m� a call. Oth�rwis�, Dav� and I can proc�ss this und�r a IVWP 13, and I can
giv� you v�rification soon for NWP 13.
Th� Wilmington District is committ�d to providing th� high�st I�v�l of support to th� public. To h�lp us �nsur� vv� continu� to
do so, pl�as� compl�t� th� Custom�r Satisfaction Surv�y locat�d at http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0.
�
�'�C
Eric Alsm�y�r
Proj�ct Manag�r
R�gulatory Division Offic�
US Army Corps of Engin��rs, Wilmington District
3331 H�ritag� Trad� Driv�, Suit� 105, Wak� For�st, NC 27587
T�Ie [phone], x23

Faxe [phone]
R�gulatory Hom�pag�e http://www.saw.usace.army.mil/Missions/Re�ulatoryPermitPro�ram.aspx
From: Slaughter, Johnathan H [mailto:[e-mail]]
Sent: Friday, May 26, 2017 9:15 AM
To: Alsmeyer, Eric C CIV USARMY CESAW (US) <[e-mail]>
Subject: [Non-DoD Source] SR 1333, Surry
Eric,
I got your message and attached a couple of references (see highlighted portions). I believe that the
proposed activity is covered under NWP #13 and/or NWP #3. Since we are dealing with an ORW
here, notification to DWR is required either way but the ORW designation does not automatically
trigger notification to the Corps under NWP #3. It does under NWP #13 so that's why I went with the
3.
I don't guess it's a big deal to me but if you feel strongly that NWP #3 is inappropriate here I need to
know why and you'll have to issue some paperwork to us. Have a look below and see if the highlights
work for you under 3. We both know that rules can be interpreted in different ways and are
sometimes contradictory so just let me know how you want to proceed so I can notify DWR if a
change is needed. Thanks.
Clean Water Act, Section 404(f� Exemptions
as of January 2014
Section 404(� of the Clean Water Act (CWA) provides activities which are exempt from regulation under Section 404 of the Clean
Water Act (i.e. a CWA Section 404 Permit would not be required).
Exempt Activities
1. Farming, silviculture and ranching activities.
2. (Emergency) maintenance activities.
3. Construction and maintenance of farm ponds, stock ponds, or irrigation ditches or the maintenance of drainage ditches.
4. Construction of temporary sedimentation basins.
5. Any activity with respect to which a State has an approved program under section 208(b)(4) of the CWA which meets the
requirements of sections 208(b)(4) (B) and (C). Not currently available in New Mexico.
6. Construction or maintenance of farm roads, forest roads, or temporary roads for moving mining equipment.
Refer to the U.S. Corps of Engineer (USACE) specific requirements of each exempt activity (provided below). Those requirements
must be met in order for the exemption to apply. In addition, there are exceptions to the exemptions:
EXCEPTIONS TO THE EXEMPTIONS
L Navigable Water..Section 404(� exemptions DO NOT APPLY to any activity within a"navigable water of the U.S." in which a
permit is required under Section 10 of the Rivers and Harbors Act of 1899. For example, in-stream or streambank work such as
bank shaping around a headgate or working on a weir/diversion dam will require a Section 404 permit.
IL Recapture Provision..Section 404(� exemptions DO NOT APPLY where any discharge of dredged and/or fill material into
"waters of the U.S.", including wetlands, IF 1] the activity would convert an area of waters of the U.S. into a new use (e.g. wetland
to upland, wetland to open water, etc.), .and2] where it would impair the flow and/or circulation or reduce the reach of the waters.
If these two conditions apply, a Section 404 permit is required.

IIL .Toxic Pollutants..Section 404(� exemptions DO NOT APPLY if any discharge resulting from the exempt activities contains
any toxic pollutant listed under Section 307 of the Clean Water Act. If this condition applies, a Section 404 permit is required. Refer
to Appendix 1 for a list of Toxic Pollutants._
1. NORMAL FARMING, SILVICULTURE, AND RANCHING ACTIVITIES
Includes: plowing, seeding, cultivating, minor drainage and harvesting for the production of food, fiber and forest products, or
upland soil and water conservation practices.
� MUST be a part of an established (on-going) farming, silviculture, or ranching operation. An operation is no longer established
when the area on which it was conducted has been converted to another use or has lain idle so long that modifications to the
hydrologic regime are necessary to resume operations. For example, if a property has been used for cattle grazing, the exemption
does not apply if future activities would involve planting crops for food; similarly, if the current use of a property is for growing
a crop, the exemption does not apply if future activities would involve conversion to an orchard or vineyards.
� It is important to recognize that these terms have specific, regulatory meanings. For example, "plowing" under Section 404(�
means all mechanical means of manipulating soil, including grading to prepare it for the planting of crops. However, grading
activities that would change any area of waters of the US, including wetlands, into dry land are not exempt. "Minor drainage" is
limited to discharges associated with the continuation of established wetland crop production (e.g., building rice levees) or the
connection of upland crop drainage facilities to waters of the U.S. or emergency removal of blockages that close/constrict existing
crop drainage ways. Minor drainage does not include discharges associated with the construction of ditches which drain or
significantly modify any wetlands or aquatic areas considered as waters of the U.S.
For more information, refer to the EPA Memorandum on the CWA Section 404 and Agricultural Activities:
_http://water.epa.gov/lawsregs/guidance/wetlands/cwaag.cfmm
Page 1 of 3 Ol/2014

2. MAINTENANCE ACTIVITIES.
Includes emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins,
riprap, breakwaters, causeways, and bridge abutments or approaches, and transportation structures.
� DOES NOT include any modification that changes the character, scope, or size of the original fill design.
If a maintenance activity would involve ANY modifications to the original fill design, including the location of the fill, the type of
material to be used, the amount of material used, etc., then the activity DOES not qualify for the maintenance exemption and a
permit would be required. However, the activity may qualify for authorization under a Nationwide Permit 3, Maintenance.
NATIONWIDE PERMIT 3
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2017
Maintenance. (a) The repair, rehabilitation, or replacement of any previously authorized, currently serviceable structure or
fill, or of any currently serviceable structure or fill authorized by 33 CFR 330.3, provided that the structure or fill is not to be
put to uses differing from those uses specified or contemplated for it in the original permit or the most recently authorized
modification. Minor deviations in the structure's configuration or filled area, including those due to changes in materials,
construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards that
are necessary to make the repair, rehabilitation, or replacement are authorized. This NWP also authorizes the removal of
previously authorized structures or fills. Any stream channel modification is limited to the minimum necessary for the
repair, rehabilitation, or replacement of the structure or fill; such modifications, including the removal of material from the
stream channel, must be immediately adjacent to the project. This NWP also authorizes the removal of accumulated
sediment and debris within, and in the immediate vicinity of, the structure or fill. This NWP also authorizes the repair,
rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete
events, provided the repair, rehabilitation, or replacement is commenced, or is under contract to commence, within two
years of the date of their destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-
year limit may be waived by the district engineer, provided the permittee can demonstrate funding, contract, or other
similar delays.
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