HomeMy WebLinkAbout20171354 Ver 1_USACE Correspondence_20181022Wanucha, Dave
From: Chapman, Amy
Sent: Monday, October 22, 2018 1:37 PM
To: Euliss, Amy
Cc: Wanucha, Dave
Subject: RE: [Non-DoD Source] RE: [External] Fw: Brixmor Innes Street, LP - Condemnation, Rowan County - Innes
Street Market; SLK File No.; H72540-220182
Amy,
DWR is in agreement with the Corps of Engineers on this project, in that we will not require any additional mitigation or notice
associated with U-5820.
Please let me know if you have any questions.
Dave, Call if you need/want to discuss this one.
Thanks!
Amy Chapman
Supervisor
Transportation Permitting Branch
Department of Environmental Quality
919-707-8784 office
amy.chapman@ncdenr.gov
512 N Salisbury Street, 12th Floor
1617 Mail Service Center
Raleigh, NC 27699-1617
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: Euliss, Amy
Sent: Monday, October 22, 2018 9:49 AM
To: Chapman, Amy <amy.chapman@ncdenr.gov>
Subject: RE: [Non-DoD Source] RE: [External] Fw: Brixmor Innes Street, LP - Condemnation, Rowan County - Innes Street Market;
SLK File No.; H72540-220182
-----Original Message-----
From: Euliss, Amy
Sent: Monday, October 22, 2018 8:30 AM
To: Chapman, Amy <amy.chapman@ncdenr.gov>
Subject: FW: [Non-DoD Source] RE: [External] Fw: Brixmor Innes Street, LP - Condemnation, Rowan County - Innes Street
Market; SLK File No.; H72540-220182
I'm going to give you a call to talk about this.
Amy Euliss
Division 9 Environmental Officer
North Carolina Department of Transportation
336 747 7802 office
aeuliss@ncdot.gov
375 Silas Creek Parkway
Winston Salem, NC 27127-7167
-----Original Message-----
From: Lastinger, James C CIV USARMY CESAW (US) [mailto:James.C.Lastinger@usace.army.mil]
Sent: Thursday, October 04, 2018 12:56 PM
To: Euliss, Amy <aeuliss@ncdot.gov>
Subject: RE: [Non-DoD Source] RE: [External] Fw: Brixmor Innes Street, LP - Condemnation, Rowan County - Innes Street Market;
SLK File No.; H72540-220182
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>
Amy,
Based on the information submitted, it will not be necessary to resubmit the PCN. The Raleigh Field Office Corps of Engineers
will not be pursuing additional mitigation for impacts associated with the U-5820 NWP 14 verification. Please consider your
NWP 14 verification still valid and the matter closed. Let me know if you have any further questions or concerns.
James Lastinger
Regulatory Project Manager
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Tel: (919) 554-4884, x32
Cell: (919) 428-0806
Fax: (919) 562-0421
-----Original Message-----
From: Euliss, Amy [mailto:aeuliss@ncdot.gov]
Sent: Thursday, October 04, 2018 10:32 AM
To: Matthews, Monte K CIV USARMY CESAW (US) <Monte.K.Matthews@usace.army.mil>; Lastinger, James C CIV USARMY
CESAW (US) <James.C.Lastinger@usace.army.mil>
Cc: Abernathy, Brett <jbabernathy@ncdot.gov>
Subject: [Non-DoD Source] RE: [External] Fw: Brixmor Innes Street, LP - Condemnation, Rowan County - Innes Street Market; SLK
File No.; H72540-220182
James,
I received some additional information from our AG's office. Attached is an email chain with some supporting documents. From
that we were able to access DWR's online files to find some information. The USACE did not have any files (see email from
Geoscience). I've also attached what I got from DWR's files. I feel like we did our Due Diligence by reaching out to both DWR
and the USACE prior to permitting. We have contractor actively working on the project, and want to minimize the delays and
cost to the Department. My suggestion is that we submit a request to modify the permit and pay the mitigation for impacts to
the site (0.06 at a 2:1 mitigation). Let us know your thoughts.
Amy Euliss
Division 9 Environmental Officer
North Carolina Department of Transportation
336 747 7802 office
aeuliss@ncdot.gov <mailto:aeuliss@ncdot.gov>
375 Silas Creek Parkway
Winston Salem, NC 27127-7167
From: Euliss, Amy
Sent: Tuesday, October 02, 2018 2:51 PM
To: 'Matthews, Monte K CIV USARMY CESAW (US)' <Monte.K.Matthews@usace.army.mil>; Lastinger, James C CIV USARMY
CESAW (US) (James.C.Lastinger@usace.army.mil) <James.C.Lastinger@usace.army.mil>
Cc: Abernathy, Brett <jbabernathy@ncdot.gov>
Subject: FW: [External] Fw: Brixmor Innes Street, LP - Condemnation, Rowan County - Innes Street Market; SLK File No.; H72540-
220182
Hi guys. Have you had a chance to look into the U-5820 wetlands (see item 1 in the email below)? This is the project I called
you on last week. Our AG's office is asking. Thanks.
Amy Euliss
Division 9 Environmental Officer
North Carolina Department of Transportation
336 747 7802 office
aeuliss@ncdot.gov <mailto:aeuliss@ncdot.gov>
375 Silas Creek Parkway
Winston Salem, NC 27127-7167
From: Abernathy, Brett
Sent: Tuesday, October 02, 2018 2:44 PM
To: Euliss, Amy <aeuliss@ncdot.gov <mailto:aeuliss@ncdot.gov> >
Subject: FW: [External] Fw: Brixmor Innes Street, LP - Condemnation, Rowan County - Innes Street Market; SLK File No.; H72540-
220182
From: Yates, Nick [mailto:Nyates@ncdoj.gov]
Sent: Tuesday, October 02, 2018 2:14 PM
To: Abernathy, Brett <jbabernathy@ncdot.gov <mailto:jbabernathy@ncdot.gov> >; Seitz, Phillip K<kseitz@ncdot.gov
<mailto:kseitz@ncdot.gov> >
Subject: [External] Fw: Brixmor Innes Street, LP - Condemnation, Rowan County - Innes Street Market; SLK File No.; H72540-
220182
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>
Dear Brett and Kelly,
Good afternoon. Thanks for getting everyone together to answer the questions of the property owner. The attorney for Brixmor
Innes Street sent a follow-up email to me a few minutes ago. Do we have answers or documentation for him for the
questions/requests below:
1. The permit obtained by NCDOT from the U.S. Army Corps of Engineers ("Corps") to disturb the wetlands on Brixmor's
property. I believe you were going to send this permit to us and confirm with the Corps that the activity by NCDOT, and possibly
reducing the amount of wetlands, would not negatively impact Brixmor and the Shopping Center.
2. Identify the exact locations of all light poles that will be impacted by the condemnation. Also, please advise whether the
light poles can be reinstalled after construction is complete and whether NCDOT can store the light poles until such time.
3. I believe NCDOT promised to check on written confirmation from the City of Salisbury that trees and shrubs removed on
either side of Newsome Road Extension do not need to be replaced. I believe NCDOT was also to confirm that the removal of
trees on Faith Road in front of Zaxby's also do not need to be replaced. Please advise.
Thanks and enjoy your day!
Nicholas W. Yates
Assistant Attorney General
Transportation Division
NC Department of Justice
1505 Mail Service Center
Raleigh, NC 27699-1505
Direct: (919) 707-4480
Fax: (919) 733-9329
Email: nyates@ncdoj.gov <mailto:tbyrd@ncdoj.gov>
This communication is subject to the North Carolina Public Records Act and may be disclosed to third parties.
From: Sturges, Bill <wsturges@slk-law.com <mailto:wsturges@slk-law.com> >
Sent: Tuesday, October 2, 2018 11:44 AM
To: Yates, Nick
Cc: Baker, Trey
Subject: Brixmor Innes Street, LP - Condemnation, Rowan County - Innes Street Market; SLK File No.; H72540-220182
Nick:
It was a pleasure meeting you in person on September 20, 2018. Thank you for your help in organizing this meeting. I believe it
was a very productive meeting for all parties.
In regard to follow-up from the meeting, could you please check on the following items:
1. The permit obtained by NCDOT from the U.S. Army Corps of Engineers ("Corps") to disturb the wetlands on Brixmor's
property. I believe you were going to send this permit to us and confirm with the Corps that the activity by NCDOT, and possibly
reducing the amount of wetlands, would not negatively impact Brixmor and the Shopping Center.
2. Identify the exact locations of all light poles that will be impacted by the condemnation. Also, please advise whether the
light poles can be reinstalled after construction is complete and whether NCDOT can store the light poles until such time.
3. I believe NCDOT promised to check on written confirmation from the City of Salisbury that trees and shrubs removed on
either side of Newsome Road Extension do not need to be replaced. I believe NCDOT was also to confirm that the removal of
trees on Faith Road in front of Zaxby's also do not need to be replaced. Please advise.
William H. Sturges � Shumaker
Attorney at Law
101 South Tryon Street, Suite 2200 � Charlotte, North Carolina 28280 Direct 704.945.2163 � Fax 704.332.1197 wsturges@slk-
law.com <mailto:wsturges@slk-law.com> � bio
<Blockedhttps://na0l.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.slk-law.com%2FProfessionals%2FWilliam-H-
Sturges&data=02%7C01%7Cjbabernathy%40ncdot.gov%7C6694ee37a7004391008908d62892e517%7C7a7681dcb9d0449a85c3
ecc26cd7ed 19%7C0%7C0%7C636741008702322066&sdata=Li U ncKsYsH LVie % 2F7p8vP30e82Lj P% 2FNaSI ICOYtKfAPA%3D&reser
ved=0> � Linkedln
<Blockedhttps://na0l.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fpub%2Fwilliam-h-
sturges% 2F25% 2F542% 2Fb50&data=02%7C01%7Cjba bernathy%40ncdot.gov%7C6694ee37a7004391008908d62892e517%7C7a
7681dcb9d0449a85c3ecc26cd7ed19%7C0%7C0%7C636741008702322066&sdata=nJ nzu304MeMtwU madiahPcmkugR% 2BxDTkY
IxeyKHVeDg%3D&reserved=0>
Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP,
and may be confidential or privileged. The information is intended to be for the use of the individual or entity named above. If
you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this message is
prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or
telephone 800.444.6659.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.