20080499 Ver 3_NOV Response_20171204

Strickland, Bev
From: Bailey, David E CIV USARMY CESAW (US) < [e-mail] >
Sent: Monday, December 04, 2017 8:07 AM
To: Brad Luckey
Cc: Homewood, Sue; Bret Berger; Brian Hall; Matt Johnson; Allan Hill; Michael Brame
Subject: RE: [External] RE: TBP NOV Response Letter
CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail].
That will work for the Corps. Thanks.
-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
Phone: [phone], Ext. 30.
Fax: [phone]
Email: David. [e-mail]
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is
located at: http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Brad Luckey [mailto:[e-mail]]
Sent: Friday, December 1, 2017 4:29 PM
To: Bailey, David E CIV USARMY CESAW (US)<[e-mail]>
Cc: Homewood, Sue <[e-mail]>; Bret Berger <[e-mail]>; Brian Hall
<[e-mail]>; Matt Johnson <[e-mail]>; Allan Hill <ahill@triad-
designgroup.com>; Michael Brame <[e-mail]>
Subject: [EXTERNAL] Re: [External] RE: TBP NOV Response Letter
Let me clarify: Friday December 8, 2017. 1 apologize for confusion. It had been a long week.
Sent from my iPhone
On Dec 1, 2017, at 3:57 PM, Brad Luckey <[e-mail] <mailto:[e-mail]> > wrote:
David and Sue,

We are still waiting for a response from DEMLR. So, we are requesting an extension until to next Friday, December
7, 2017. Please let me know if this will be a concern. Thanks.
Sent from my iPhone
On Nov 28, 2017, at 9:54 AM, Bailey, David E CIV USARMY CESAW (US) <[e-mail]
<mailto: David. [e-mail]> > wrote:
Thanks for the coordination, Brad. Your requested additional time is ok with the Corps.
-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
Phone: [phone], Ext. 30.
Fax: [phone]
Email: David. [e-mail] <mailto: David. [e-mail]>
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service
Survey is located at: Blockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Brad Luckey [mailto:[e-mail]]
Sent: Monday, November 27, 2017 1:32 PM
To: Homewood, Sue <[e-mail] <mailto:[e-mail]> >; Bailey, David E CIV
USARMY CESAW (US) <[e-mail] <mailto: David. [e-mail]> >
Cc: Bret Berger <[e-mail] <maiIto: [e-mail]> >; Brian Hall
<[e-mail] <mailto:[e-mail]>>; Matt Johnson <[e-mail]
<maiIto: [e-mail]> >; Allan Hill <[e-mail] <mailto:ahilI@triad-
designgroup.com> >; Michael Brame <[e-mail] <mailto:[e-mail]> >
Subject: [EXTERNAL] RE: [External] RE: TBP NOV Response Letter
David and Sue,
We are having some issues getting responses as requested by the Division with the USACE granted extension to
respond. As such, we are requesting an extension until the end of this week Friday, December 1, 2017 to provide all the
requested information. If we receive requested agency responses prior to that then we will go ahead and provide all
requested information prior to Friday. Please let me know if this will be a concern. Thanks.

Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
Blockedwww.pilotenviro.com <Blockedhttp://www.pilotenviro.com>
<BlockedBlockedhttp://www.pilotenviro.com/>
[e-mail] <mailto:[e-mail]> <mailto:[e-mail]>
From: Homewood, Sue [mailto:[e-mail]]
Sent: Wednesday, November 8, 2017 8:33 AM
To: Bailey, David E CIV USARMY CESAW (US) <[e-mail]
<maiIto: David. [e-mail]> >; Brad Luckey <[e-mail] <mailto:[e-mail]>
Cc: Bret Berger <[e-mail] <maiIto: [e-mail]> >; Brian Hall
<[e-mail] <mailto:[e-mail]>>; Matt Johnson <[e-mail]
<maiIto: [e-mail]> >; Allan Hill <[e-mail] <mailto:ahilI@triad-
designgroup.com> >; Michael Brame <[e-mail] <mailto:[e-mail]> >
Subject: RE: [External] RE: TBP NOV Response Letter
Brad,
I concur with all of David's comments and have the following to add:
1. Please provide documentation that confirms that the Town of Kernersville and the Division of Energy,
Mineral and Land Resources (DEMLR) will accept the reduced length of the riprap apron.
2. The Division will require a minimum of 3 year monitoring period for the restored areas.
3. The restoration plan for the wetland areas must include specifications for returning the areas to natural
grades and to address compaction or removal of topsoil etc.
4. The proposal includes removal of the temporary skimmer basin and restoration of wetlands within that
area. Has DEMLR released this area for closeout? If not, please provide a restoration plan that includes work to be done
in phases and indicate when this area is likely to be able to be restored.
5. Please modify the restoration of the channel below the riprap apron to incorporate a natural channel
design.

Thanks,
Sue Homewood
Division of Water Resources, Winston Salem Regional Office
Department of Environmental Quality
336 776 9693 office
336 813 1863 mobile
Sue. [e-mail]<mailto:[e-mail]><mailto:[e-mail]>
450 W. Hanes Mill Rd, Suite 300
Winston Salem NC 27105
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
-----Original Message -----
From: Bailey, David E CIV USARMY CESAW (US)[mai Ito: David. [e-mail]]
Sent: Monday, November 06, 2017 3:15 PM
To: Brad Luckey <[e-mail] <mailto:[e-mail]>
<mailto:[e-mail]> >; Homewood, Sue <[e-mail]
<mailto:[e-mail]> <mailto:[e-mail]> >
Cc: Bret Berger <[e-mail] <maiIto: [e-mail]>
<maiIto: [e-mail]> >; Brian Hall <[e-mail] <mailto:[e-mail]>
<mailto:[e-mail]>>; Matt Johnson <[e-mail] <maiIto: mjohnson@triad-
designgroup.com> <maiIto: [e-mail]> >; Allan Hill <[e-mail]
<mailto:[e-mail]> <mailto:[e-mail]> >; Michael Brame
<[e-mail] <mailto:[e-mail]> <mailto:[e-mail]> >
Subject: [External] RE: TBP NOV Response Letter

CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an
attachment to [e-mail] <mailto:[e-mail]> <mailto:[e-mail]> .
Brad,
Thank you for your detailed response to our Permit Non-compliance letter. The Corps' comments on the plan
are included below.
Response to Corps Action C: In order to document aquatic life presence in the previously dewatered 304 linear
foot section of stream downstream of the permitted crossing, provide an aquatic life assessment of both the previously
dewatered section of stream AND the stream reach below the point at which diversion water had re -joined the stream
channel. For this assessment, use the NCSAM Guidance for Conducting an In -stream Aquatic Life Assessment (see
attached). For each reach assessed, the attached checklist may be used; however, if more than 1 individual of any taxa
are found, please note the number of individuals of each taxa on the checklist. As an alternative, you may propose to
provide compensatory mitigation for the temporal loss of function of the 304 linear foot reach dewatered as a result of
this project.
Response to Corps Action A and B: Thank you for the detailed As -built survey and impact comparison. However,
there appear to be two streams shown on Sheets C1.1, C1.2, C1.3, and C1.4. Please revise the plan sheets to clearly
show the stream channel as shown on the originally permitted plans. If the channel labeled "TOB" currently exists,
please explain the difference between the "TOB" stream and the stream shown on the originally permitted plans. For
stream restoration purposes in areas currently within impacted areas, the stream channel bed and banks and grade and
contour that should be used is the stream shown on the originally permitted plans; please revise the plans accordingly. If
the restoration reach downstream of the crossing will require natural channel design structures to ensure stability and
function post -restoration, please include those structures in the design.
The Corps approves the natural channel design and associated log and riffle structures of the stream
restoration reach upstream of the crossing, with the following comments:
-the "Log check Dam #2" profile on Sheet C1.4 shows a —10 ft. vertical difference in the TOB height on either
side of the channel. Is this a typo?
-in order to maintain vertical stability of the stream channel upstream of the crossing, a 1 ft. sill (relative to the
culvert invert elevation) is likely necessary at the mouth of the culvert. This was discussed during a phone call with Pilot
Environmental but not included on the plans.

Please provide additional information on soil preparation in the wetland restoration areas. Has disturbance in
these areas resulted in compaction or removal of topsoil such that the soils are not conducive for planting appropriate
wetland species? If so, please provide details on how compaction, organic matter, etc. will be addressed prior to
planting.
Response to Corps Action D: The Corps is amenable to authorizing the structure/fill as -built, including the
proposed changes to the rip rap pad and stream/wetland restoration conceptual design, at such time as the
stream/wetland restoration design is approved and constructed/planted. Once complete, your restoration -area
proposed monitoring plan is acceptable, although additional annual reports will be required for years 2-5 post -
completion. Note that this monitoring requirement can be ended prior to 5 years upon permittee request if the Corps
agrees that restoration trajectory is acceptable and that subsequent monitoring is unnecessary.
The Corps agrees with your proposal to amend the recorded conservation areas. These amendments should
include within the conservation areas all restored wetland and stream areas, except narrow access corridors on either
side of the crossing where future culvert or roadway maintenance may necessitate site access. The draft amended
conservation area map and associated recordable language must be submitted to the Corps for approval within 30 -days
of completion of the wetland and stream restoration work. Within 30 days of Corps approval, the amended conservation
area map and associated recordable language must be recorded by Guilford County and a copy provided to the Corps.
Please respond with the needed corrections and additional information within 14 days (no later than November
20, 2017). As always, please let me know if you have any questions.
-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
Phone: [phone], Ext. 30.
Fax: [phone]

Email: David. [e-mail] <mailto: David. [e-mail]>
<maiIto: David. E. Bail [e-mail]. miI>
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service
Survey is located at: BlockedBlockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0
<BlockedBlockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0>
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Brad Luckey [mailto:[e-mail] <mailto:[e-mail]> ]
Sent: Friday, November 3, 2017 1:32 PM
To: Bailey, David E CIV USARMY CESAW (US) <[e-mail]
<mailto: David. [e-mail]> <mailto: David. [e-mail]»;'Homewood, Sue'
([e-mail] <mailto:[e-mail]> <mailto:[e-mail]> )
<[e-mail] <mailto:[e-mail]> <mailto:[e-mail]> >
Cc: Bret Berger <[e-mail] <maiIto: [e-mail]>
<maiIto: [e-mail]> >; Brian Hall <[e-mail] <mailto:[e-mail]>
<mailto:[e-mail]>>; Matt Johnson <[e-mail] <maiIto: mjohnson@triad-
designgroup.com> <maiIto: [e-mail]> >; Allan Hill <[e-mail]
<mailto:[e-mail]> <mailto:[e-mail]> >; Michael Brame
<[e-mail] <mailto:[e-mail]> <mailto:[e-mail]> >
Subject: [EXTERNAL] RE: TBP NOV Response Letter
David and Sue,
Please find the attached applicant response to the NOVs. Hard copies will be mailed upon request. Please let
me know if you require any additional information. Thanks.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)

336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
Blocked Blocked Blockedwww.pilotenviro.com <Blockedhttp://BlockedBlockedwww.pilotenviro.com>
[e-mail] <mailto:[e-mail]> <mailto:[e-mail]>
-----Original Message -----
From: Bailey, David E CIV USARMY CESAW (US) [mailto:[e-mail]
<maiIto: David. [e-mail]> ]
Sent: Wednesday, November 1, 2017 10:27 AM
To: Brad Luckey <[e-mail] <mailto:[e-mail]>
<mailto:[e-mail]> >
Subject: RE: TBP NOV Response Letter
Brad,
A time extension on the required response is granted until Friday, 11/3/2017. Thanks.
-Dave Bailey
David E. Bailey, PWS
Regulatory Project Manager
US Army Corps of Engineers
CE -SAW -RG -R
3331 Heritage Trade Drive, Suite 105
8

Wake Forest, North Carolina 27587
Phone: [phone], Ext. 30.
Fax: [phone]
Email: David. [e-mail] <mailto: David. [e-mail]>
<mailto: David. [e-mail]>
We would appreciate your feedback on how we are performing our duties. Our automated Customer Service
Survey is located at: BlockedBlockedBlockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Brad Luckey [mailto:[e-mail] <mailto:[e-mail]> ]
Sent: Wednesday, October 25, 2017 3:17 PM
To: Bailey, David E CIV USARMY CESAW (US) <[e-mail]
<mailto: David. [e-mail]> <mailto: David. [e-mail]> >
Cc: Homewood, Sue <[e-mail] <mailto:[e-mail]>
<mailto:[e-mail]> >; Brian Hall <[e-mail] <mailto:[e-mail]>
<mailto:[e-mail]> >; Bret Berger <[e-mail] <maiIto: [e-mail]>
<maiIto: [e-mail]> >; Matt Johnson <[e-mail] <maiIto: mjohnson@triad-
designgroup.com> <maiIto: [e-mail]> >
Subject: [EXTERNAL] RE: TBP NOV Response Letter
David and Sue,
We are working on the restoration plan and nearly have it completed. All we lack is final in -stream stabilization
design and final planting plan specs, which we are currently working on with Triad Design. All other items to respond
have been completed. So, I do not think that we will get this all pulled together before Friday, 10/27 (10/28 USACE ,
deadline). As such, I am requesting an extension of one week to Friday 11/3. Based on where we are now, I think we

should be able to provide all requested information, including the complete restoration plan, at that time instead of
piece -milling and doing two responses. If we run into to something else that causes a delay, then I will let you know.
Please let me know if this will be an issue with either agency. Thanks.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
Blocked Blocked Blockedwww.pilotenviro.com <Blockedhttp://BlockedBlockedwww.pilotenviro.com>
<BlockedBlockedBlockedBlockedhttp://www.pilotenviro.com/>
[e-mail] <mailto:[e-mail]> <mailto:[e-mail]>
<mailto:[e-mail] <mailto:[e-mail]> >
10

From: Brad Luckey
Sent: Wednesday, October 18, 2017 10:03 AM
To: Bailey, David E CIV USARMY CESAW (US) <[e-mail]
<mailto: David. [e-mail]> <mailto: David. [e-mail]> >
Cc: Homewood, Sue <[e-mail] <mailto:[e-mail]>
<mailto:[e-mail]> >; Brian Hall <[e-mail] <mailto:[e-mail]>
<mailto:[e-mail]> >; Bret Berger <[e-mail] <maiIto: [e-mail]>
<maiIto: [e-mail]> >
Subject: Re: TBP NOV Response Letter
Yes. As builds are complete and working on restoration plan. I left you a VM to discuss a few thing Monday -in
particular the invert of the culvert and stream stabilization. Based on as builds culver installation was about a half a foot
or less off. Channel slope above culvert is actually a smaller slope than what was permitted. I think that based on that
info stream stabilization's measures should not be required but would like to talk it over with you prior to finalizing
restoration plan. Give me a call on my cell to discuss. Once we talk, the remaining items will be submitted within a few
more days so I am thinking final response will be mid next week at latest. Thanks.
Sent from my iPhone
On Oct 18, 2017, at 9:56 AM, Bailey, David E CIV USARMY CESAW (US) <[e-mail]
<mailto: David. [e-mail]> <mailto: David. [e-mail]
<maiIto: David. [e-mail]%20%3cmaiIto: David. [e-mail]
<mailto: David. [e-mail]> > > > wrote:
Thanks for the letter, Brad. Things still looking ok with regard to meeting the 30 -day deadline on the
remaining items in our letter?
-Dave Bailey
11

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
Phone: [phone], Ext. 30.
Fax: [phone]
Email: David. E. [e-mail] <mailto: David. [e-mail]>
<mailto: David. [e-mail]> <mailto: David. [e-mail]
<mailto: David. [e-mail]> >
We would appreciate your feedback on how we are performing our duties. Our automated Customer
Service Survey is located at: BlockedBlockedBlockedBlockedhttp://corpsmapu.usace.army.miI/cm_apex/f?p=136:4:0
Thank you for taking the time to visit this site and complete the survey.
-----Original Message -----
From: Brad Luckey [mailto:[e-mail] <mailto:[e-mail]> ]
Sent: Thursday, October 5, 2017 6:55 AM
To: Bailey, David E CIV USARMY CESAW (US) <[e-mail]
<mailto: David. [e-mail]> <mailto: David. [e-mail]
<maiIto: David. [e-mail]%20%3cmaiIto: David. [e-mail]
<mailto: David. [e-mail]> > > >; Homewood, Sue <[e-mail]
<mailto:[e-mail]> <mailto:[e-mail]
<mailto:[e-mail]%20%3cmailto:[e-mail] <mailto:[e-mail]>
Cc: Brian Hall <[e-mail] <mailto:[e-mail]> <mailto:[e-mail]
<maiIto:[e-mail]%20%3cmaiIto:[e-mail] <mailto:[e-mail]> > > >; Bret
Berger <[e-mail] <maiIto: [e-mail]> <maiIto:[e-mail]
<maiIto: [e-mail]%20%3cmaiIto: [e-mail] <maiIto: [e-mail]> > > >
12

Subject: [EXTERNAL] RE: TBP NOV Response Letter
Good Morning David and Sue,
Please find the attached response letter to NOVs. Hard copies of the letter will be mailed upon request
only. This letter details cause for changes in design compared to permitted design and documents the applicant's
proposal to avoid additional non-compliance of conditions of the authorizations.
The applicant is in the process of drafting a response that will address all other NOV requested items.
Thank you for your assistance.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
13

Blocked Blocked Blocked Blockedwww.pilotenviro.com
<Blockedhttp://BIockedBIockedBIockedwww.piIotenviro.com>
<BIockedBIockedBIockedBlockedhttp://www.piIotenviro.com>
<BIockedBIockedBIockedBlockedBIockedhttp://www.piIotenviro.com/>
[e-mail] <mailto:[e-mail]> <mailto:[e-mail]>
<mailto:[e-mail] <mailto:[e-mail]> > <mailto:[e-mail]
<mailto:[e-mail]> >
From: Brad Luckey
Sent: Monday, October 2, 2017 5:59 PM
To: 'Bailey, David E CIV USARMY CESAW (US)' <[e-mail]
<mailto: David. [e-mail]> <mailto: David. [e-mail]
<maiIto: David. [e-mail]%20%3cmaiIto: David. [e-mail]
<mailto: David. [e-mail]> > > >; 'Homewood, Sue'<[e-mail]
<mailto:[e-mail]> <mailto:[e-mail]
<mailto:[e-mail]%20%3cmailto:[e-mail] <mailto:[e-mail]>
Cc: 'Brian Hall'<[e-mail] <mailto:[e-mail]> <mailto:[e-mail]
<maiIto:[e-mail]%20%3cmaiIto:[e-mail] <mailto:[e-mail]> > > >; Bret
Berger <[e-mail] <maiIto: [e-mail]> <maiIto:[e-mail]
<maiIto: [e-mail]%20%3cmaiIto: [e-mail] <maiIto: [e-mail]> > > >
Subject: TBP NOV Response Letter
David and Sue,
14

Please find the attached letter that was recently mailed. The information to complete the as builds are
nearly complete. The surveyor has to visit the site tomorrow to collect some additional information that I have
requested be included that was not obtained from their initial field activities. This information is necessary for
completing a restoration plan for temporary impacts outside the permitted limits and for grade control of the inlet of
the culvert. Please note that this is just a preliminary response to acknowledge the applicant's receipt of the NOVs and
to document the applicant's urgency to resolve the violations to bring the project into compliance. Upon completion of
the as builds and confirmation of current conditions then the rest of the requirements for response will be provided.
If you have any questions or concerns, then please let us know.
Thanks.
Sincerely,
Bradley S. Luckey, PWS
336.708.4997 (c)
336.310.4527 (o)
PO Box 128
Kernersville, NC 27285
15

Blocked Blocked Blocked Blockedwww.pilotenviro.com
<Blockedhttp://BIockedBIockedBIockedwww.piIotenviro.com>
<BIockedBIockedBIockedBlockedhttp://www.piIotenviro.com>
<BIockedBIockedBIockedBlockedBIockedhttp://www.piIotenviro.com/>
[e-mail] <mailto:[e-mail]> <mailto:[e-mail]>
<mailto:[e-mail] <mailto:[e-mail]> > <mailto:[e-mail]
<mailto:[e-mail]> >
16