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Home My WebLink About20180589 Ver 2_Urgent Work Situations in Div11_20180718Wanucha, Dave From: Slaughter, Johnathan H Sent: Wednesday, July 18, 2018 2:16 PM To: Wanucha, Dave Subject: RE: [External] Options for Urgent Work Situations in Div11 Attachments: Site 4 topo.pdf N�w sit�, farth�r to th� north of 1& 2. 35.97757N, -81.76645W. From: Wanucha, Dave Sent: Tuesday, July 17, 2018 4:33 PM To: Slaughter, Johnathan H <hslaughter@ncdot.gov> Subject: RE: [External] Options for Urgent Work Situations in Div11 Heath, I need more information on where the additional 40' of BS on Wilson Creek is needed in order to modify your existing permit (20180589). Will this be a new site or is it an add-on to Site 1 or 2? If it is a new site, I need another topo map showing where it is in relation to the other permitted sites. I'll do a simple field modification for this one once you provide me with the info. Thanks. Dave W Dave Wanucha Division of Water Resources Transportation Permitting Unit NC Department of Environmental Quality 336-776-9703 office 336-403-5655 mobile ��u�_.�OV�ii�_u�lh�_�u��d�u�ir.ar�u NC DEQ Winston Salem Regional Office 450 West Hanes Mill Road, Suite 300 Winston Salem, NC 27105 a�� ,��:s�� `��,� ��:��,�,� �,� ,�� `�� V�� °�� .�� ,� ��W�r ��:� a��.� �� ,��,�� s��,�. From: Slaughter, Johnathan H Sent: Thursday, June 14, 2018 2:36 PM To: Wanucha, Dave <dave_:wa_n_u�ha_(c�_n_cd_e_n_r.:.�crv>; Steve Kichefski <�teven_,.I.._k.%�h_e�s_ki_(c�_usa�e.._a_rm�.y.:_m�_i.l> Subject: RE: [External] Options for Urgent Work Situations in Div11 Th� vvall vvork vvill b� abov� th� ordinary high vvat�r mark. Th�r� ar� 2 n�vvly armor�d ar�as vvithin th� OHWM. Slop� #6 = 15 f��t and Slop� #9 = 21 f��t. From: Wanucha, Dave Sent: Thursday, June 14, 2018 1:47 PM To: Slaughter, Johnathan H<hs.la_u.�_hter(c�_n�d_crt:.�crv>; Steve Kichefski <�teven_,.I.:k.%�h_e�s_ki_(c�_usa�e.._a_rm�.y.:_m�i.l> Subject: RE: [External] Options for Urgent Work Situations in Div11 OK, on Wilson Creek, but why is notification not required for Anthony Creek work? Are there no permanent impacts or are they less than 100 feet? Dave Wanucha Division of Water Resources Transportation Permitting Unit NC Department of Environmental Quality 336-776-9703 office 336-403-5655 mobile ��u�_.�OV�ii�_u�lh�_�u��d�u�ir.ar�u NC DEQ Winston Salem Regional Office 450 West Hanes Mill Road, Suite 300 Winston Salem, NC 27105 a�� ,��:s�� `��,� ��:��,�,� �,� ,�� `�� V�� °�� .�� ,� ��W�r ��:� a��.� �� ,��,�� s��,�. From: Slaughter, Johnathan H Sent: Wednesday, June 13, 2018 11:28 AM To: Steve Kichefski <�teven..:.l.:_k%�h_e�s_ki_..C,�_u_sa_ce.._a_rm�.y.:_m�i.l> Cc: Wanucha, Dave <dave_:wa_n_u�ha_(c�_n_cd_e_nr.:.�crv> Subject: RE: [External] Options for Urgent Work Situations in Div11 Steve, I read through the CFR as well and concur with your assessment below. We rode through the areas again with additional maintenance staff to determine which areas had been previously armored. It turns out we will only need to add 40 linear feet to our permit request on Brown Mountain Beech Road (Wilson Creek) at Site 4 near mile marker 7 so please add this 40 feet to our request when you issue the permit. Dave - We will need you to modify the attached 401 to include this additional 40 feet as per above. Anthony Creek Road - Notification is not required. NC 90 - We will need to discuss how to handle this. Most of the slides were new areas. We have 14 individual NEW areas totaling 965 feet. We should be able to handle it all under one NWP #13 if you are willing to waive the 500 foot limit criterion. Let me know..... (b) The activity is no more than 500 feet in length along the bank, unless the district engineer waives this criterion by making a written determination concluding that the discharge will result in no more than minimal adverse environmental effects. -----Original Message----- From: Kichefski, Steven L CIV USARMY CESAW US rrr�ailtcr:Steven.IL.IKichefskiC�_�.sa�e.:_a_r_rrr�.y:_rrr�.i.l.] � ......................................................................................................................� . Sent: Friday, June 08, 2018 10:17 AM To: Slaughter, Johnathan H <hs.la_u.�_hter(c�_n�d_crt:.�crv> Cc: Wanucha, Dave <dave_:wa_n_u�ha_..C,�_n_cd_e_n_r..�cav>; Matthews, Monte K CIV USARMY CESAW (US) <IMlcrnte.IK.IMlatthews(� usace.a rrn�v. rn�i I> Subject: RE: [External] Options for Urgent Work Situations in Div11 CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Heath, To follow up on our visit yesterday, I have copied the full text of the maintenance exemption which includes riprap as an example of exempt structures. Therefore, the sites on Wilson Creek where riprap was replaced after being washed away by last week's storms are exempt, as long as they were authorized in the first place and the extent of the stabilization did not change. If you feel it may not have been authorized originally or that the extent has increased, it is a good time to address it since we are already permitting other sites along the creek. If any additional riprap or wall areas are to be added to the recent application along Wilson Creek, let me know soon and I will move forward with issuing it (I got the database issue sorted out this morning). Maintenance exemption language: "Maintenance, including emergency reconstruction of recently damaged parts of currently serviceable structures such as dikes, dams, levees, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures. Maintenance does not include any modification that changes the character, scope, or size of the original fill design. Emergency reconstruction must occur within a reasonable period of time after damage occur in order to qualify for this exemption." As for the areas along NC90 and Anthony Creek Road, we'll know how to handle them when you have more info on potential notification triggers such as HQW, ORW, trout waters, impact lengths, etc. Let me know if there is anything else I have left off from yesterday's visits. I'll be checking email sporadically next week so call my personal cell or contact Monte with any urgent matters. Regards, Steve Kichefski Regulatory Project Manager U.S. Army Corps of Engineers Wilmington District, Asheville Field Office 151 Patton Avenue, Suite 208 Asheville, NC 28801 (828)-271-7980 Ext. 4234 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 our website at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 to complete the survey online. -----Original Message----- From: Slaughter, Johnathan H [mailto:hslaughter@ncdot.gov] Sent: Friday, June 1, 2018 10:56 AM To: Kichefski, Steven L CIV USARMY CESAW (US) <Steven.L.Kichefski@usace.army.mil> Cc: Wanucha, Dave <dave.wanucha@ncdenr.gov> Subject: [Non-DoD Source] RE: [External] Options for Urgent Work Situations in Div11 10-4. I figured we'll talk more about how to handle everything after you see it. I think everything you'll see Wednesday will be bank stabilization that would normally fall under NWP #13. The total amount is going to be a big number though. -----Original Message----- From: Kichefski, Steven L CIV USARMY CESAW (US) [mailto:Steven.L.Kichefski@usace.army.mil] Sent: Friday, June 01, 2018 9:59 AM To: Slaughter, Johnathan H <hslaughter@ncdot.gov> Cc: Wanucha, Dave <dave.wanucha@ncdenr.gov>; Jones, M Scott (Scott) CIV USARMY CESAW (US) <Scott.Jones@usace.army.mil> Subject: [External] Options for Urgent Work Situations in Div11 CAUTION: External email. Do not click links or open attachments unless verified. Send all suspicious email as an attachment to Report Spam.<mailto:report.spam@nc.gov> Heath, Due to the recent flooding/road damage in Division 11, I've outlined two options that are available for urgent work in waters of the U.S. -(1) an exemption, or (2) an after-the-fact (ATF) NWP. We will be meeting and reviewing several locations next week, but with more rain in the forecast, I thought it best to send this reminder as you deal with the many failing areas in the meantime. Please see below for descriptions: 1. An exemption for emergency reconstruction of a recently damaged structure - as noted in our regulations, the discharge of fill material/work in waters of the U.S. described below is not prohibited by or otherwise subject to regulation under Section 404 of the Clean Water Act (i.e., it is exempt from regulation under Section 404 of the CWA and you do not need a permit from this office): "Maintenance, including emergency reconstruction of recently damaged parts of currently serviceable structures such as dikes, dams, levees...bridge abutments or approaches, and transportation structures. Maintenance does not include any modification that changes the character, scope, or size of the original fill design. Emergency reconstruction must occur within a reasonable period of time after damage occur in order to qualify for this exemption." Please keep the following in mind - a. Modifications that change "...the character, scope, or size of the original fill..." include things like rebuilding a dam or levee so that it impounds more water than it did previously (e.g., rebuilding it higher), rebuilding something in a different location in a stream or wetland, putting fill material (including culverts/pipes) in a stream or wetland in a new location, etc. If the repair work involves these kinds of activities, it will NOT qualify for an exemption and you will need an ATF NWP or another type of permit. b. Our regulations note that to be exempt, "The discharge shall not take, or jeopardize the continued existence of, a threatened or endangered species as defined under the Endangered Species Act, or adversely modify or destroy the critical habitat or such species." Before conducting work in waters of the U.S. under an exemption, please check with Marella if any in-stream critical habitat or element occurrences of federally listed species are within 1/2 stream mile of the work, blasting will be involved in the project, the project involves multiple structures/a large area, and/or if you will remove trees that have not already been damaged in some way. Also, this may not be an issue re bats since the water levels were so high, but also check with Marella if you need to demolish a bridge. If you can't get in touch with Marella, call me. If you can't get me, please call Scott Jones. c. Properly bury culverts and pipes. d. Keep in mind that the exemptions do not apply to Section 10 waters, so if Division 11 needs to do anything in that section of the New River, to include excavation, you can't use an exemption and will need to go to #2 below. 2. An after-the-fact NWP - if you will conduct work such as replacing AND extending a washed out culvert (or adding a headwall, etc.), replacing a culvert in a different location/footprint, or putting permanent fill material in an area not previously filled by a structure/pipe/culvert/fill, you can do the work, if urgent, under a NWP 3 and submit a PCN later (this is an ATF NWP). An ATF NWP 45 may be applicable as well, feel free to contact me to discuss this option further. Please keep the following in mind: a. Our requirements under the ESA (Section 7) remain in effect. Before conducting the work, please check with Marella if any in- stream critical habitat or element occurrences of federally listed species are within 1/2 stream mile of the work, blasting will be involved in the project, the project involves multiple structures/a large area, and/or if you will remove trees that have not already been damaged in some way. Also, check with Marella if you need to demolish a bridge. If you can't get in touch with Marella, call me. If you can't get me, please call Scott Jones. b. Our requirements under the National Historic Preservation Act (Section 106) remain in effect. Before conducting the work, please check with Matt and Mary Pope, or if it would qualify for Division review, please do that. If Matt or Mary Pope notes that Tribal issues are a concern, please contact me. c. If the project is located in a trout watershed, do your best to get in touch with Marla and follow her recommendations. If you don't believe that all of WRC's recommendations need to be followed, contact me. d. Submit the ATF PCN no later than 6-8 weeks after the work is completed. e. ATF NWPs should only be used in urgent situations. Please let me know if you have any questions. Regards, Steve Kichefski Regulatory Project Manager U.S. Army Corps of Engineers Wilmington District, Asheville Field Office 151 Patton Avenue, Suite 208 Asheville, NC 28801 (828)-271-7980 Ext. 4234 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 our website at Blockedhttp://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 to complete the survey online. Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.