20190580 Ver 1_USACE & DWR Response Ltr 01-18-2019 w Att_20190501

Page 1 of 4
January 18, 2019
S&EC Project No. 13715.D1/W1
Ms. Tasha Alexander Mr. Rick Bolich / Ms. Stephanie Goss
U.S. Army Corps of Engineers N.C. Division of Environmental Quality
Raleigh Regulatory Field Office Division of Water Resources
3331 Heritage Trade Drive, Suite 105 3800 Barrett Drive
Wake Forest, North Carolina 27587 1628 Mail Service Center
Raleigh, NC 27699-1628
RE: Unauthorized Discharge of Fill (Action ID No. SAW-2018-02001)
Stream Standard Violations (NOV-2018-PC-0442)
118 River Road South (Parcel No. 4908-09-26-2834)
Roanoke Rapids, NC 27870
Dear Ms. Alexander and Mr. Bolich:
Soil & Environmental Consultants, PA (S&EC) has been engaged by the Owner, Mr.
Preston McElheney, to prepare this response letter and assist with the resolution of issues
identified in the above referenced unauthorized discharge of fill and stream standards
violations letters issued on October 26, 2018 and November 14, 2018
by the U.S. Army Corps of Engineer (USACE) and the N.C. Division of Water Resources
(DWR) respectively.
At the direction of Mr. McElheney we have prepared this written response to summarize
the actions and opinions regarding the identified issues and provide an update regarding
actions taken on the property to date as well as intended future actions. For convenience.
a copy of both of the aforementioned letters are included as Attachments 1 and 2 of this
letter.
Cited Unauthorized Actions/Violations
We understand that during a site visit on October 18, 2018, Mr. David Bailey of the
USACE, Mr. Zack Thomas of DWR and Ms. Kelly Lasky of the City of Roanoke Rapids
118 River Road South, Roanoke Rapids, NC Project No. 13715.D1/W1
Soil & Environmental Consultants, PA January 18, 2019
Page 2 of 4
visited the subject property to observe and investigate site conditions, specifically those
associated with a tributary to the Roanoke River located on the property.
During this site visit it was determined that unauthorized fill material had been
discharged into the tributary as a result of stream and streambank stabilization efforts
performed by the property owner. Based on observations made during this site visit, and
a records search for previously issued permits, the aforementioned letters were issued by
regulatory agencies citing the following unauthorized actions and violations:
Unauthorized Actions Cited by USACE (SAW-2018-02001)
As Roanoke River and the associated tributary are subject to the Department of the Army
(DA)permitting requirements of Section 404 of the Clean Water Act (CWA) (33 USC §
1344) and Section 10 of the Rivers and Harbors Act (33 USC §403), and no permits
were previously issued by USACE for the work, the activities performed are a violation
of Section 301 of the Clean Water Act (33 USC §1311) and Section 17 of the Rivers and
Harbors Act (33 USC §413).
Violations Cited by DWR (NOV-2018-PC-0442)
As the stream on the property is an unnamed tributary to the Roanoke River, which is
classified as Class C Waters in the Roanoke Basin, and as no Pre-Construction
Notification (PCN) was received by DWR and no 401 Water Quality Certification
was previously used by DWR the following violations were cited:
Item I. Stream Standards – Other Waste (In-Stream Sediment) –Title 15A North
Carolina Administrative Code 02B .0211 (12) requires that "Oils; deleterious
substances; colored or other wastes: only such amounts as shall not render the waters
injurious to public health, secondary recreation or to aquatic life and wildlife or
adversely affect the palatability of fish, aesthetic quality or impair the waters for any
designated uses;"
Item II. Stream Standards – Removal of Use – Title 15A North Carolina
Administrative Code 02B .0211 (2) requires that “The waters shall be suitable for
aquatic life propagation and maintenance of biological integrity, wildlife,
secondary recreation, and agriculture; sources of water pollution which preclude
any of these uses on either a short-tern or long-term basis shall be considered to
be violating a water quality standard."
Item III. Failure to Secure a 401 Certification – Title 15A North Carolina
Administrative Code 2H .0501 requires certifications pursuant to Section 401 of
the Clean Water Act whenever construction or operation of facilities will result in
a discharge into navigable waters, including wetlands, as described in 33 CFR
Part 323. Title 15A NCAC 2H .0502 states any person desiring issuance of the
State certification or coverage under a general certification required by Section
401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Resources.
118 River Road South, Roanoke Rapids, NC Project No. 13715.D1/W1
Soil & Environmental Consultants, PA January 18, 2019
Page 3 of 4
Further details regarding the cited violations by USACE and DWR are provided in the
attached letters.
Response Activities/Actions Proposed & Preliminary Schedule
On December 20, 2018 Mr. McElheney and representatives of S&EC met with Ms. Tasha
Alexander of USACE, Mr. Zachary Thomas and Ms. Stephanie Goss of DWR, and Ms.
Kelly Lasky and Mr. Larry Chalker of the City of Roanoke Rapids to review site
conditions, evaluate the existing stream and reported violations, and to discuss potential
after-the-fact permitting options.
Following the site meeting an email summary of the meeting was prepared by S&EC and
sent to the meeting attendees on December 20, 2018. Response emails from Mr. Thomas
and Ms. Alexander on January 7 and January 8, 2019 respectively provided select
clarifications to the email summary. Copies of these emails are provided as Attachment 3.
During the site meeting field measurements indicated the instream permanent impacts to
the tributary to be approximately 148 linear feet. The group acknowledged that the
stream most likely did not have a riffle/pool complex as was not a “special aquatic site”.
Ms. Alexander confirmed that the adjacent portion of the Roanoke River was subject to
Section 10 of the Rivers and Harbors Act (33 USC §403) and that any construction in or
over the river would be require authorization from USACE.
Based on discussion during the site meeting, and subsequent emails and telephone
discussions we propose the following activities/actions on behalf of Mr. McElheney:
1. S&EC to prepare and provide this formal written response to USACE and DWR
on or before January 18, 2019.
2. S&EC (or Owner) to engage a Professional Land Surveyor to perform a detailed
survey of the existing impacted stream and other pertinent site features.
3. S&EC to prepare a Proposed Site Plan and Impact Map Exhibits showing the
proposed modifications to the existing channel stabilization to ensure that the
permanent impacted channel length remains under 150 linear feet. Proposed
modifications to the existing stabilization include but are not limited to;
a. The lowering of concrete/stone impoundment weir (under the pedestrian
bridge) to reduce the depth of upstream impoundment,
b. The closure/cut-off of the existing PVC bypass pipe under the stream
channel, and other recommendations, to allow stream flow through the
surface channel,
c. The modification and/or removal of a portion of the downstream end of
the existing instream stabilization to allow for a more gradual transition
118 River Road South, Roanoke Rapids, NC Project No. 13715.DIfW1
Soil & Environmental Consultants, PA January 18, 2019
from the bed of the tributary to the river (not to extend any further
downstream that currently exists),
d. The replacement of pre-existing ripraplrock armoring of portions of the
downstream tributary channel banks and adjacent Roanoke River banks
near the downstream end of the structure, and
e. The Proposed Site Plan will include any proposed site appurtenances
("river deck", floating dock, water intake/withdrawal structure, etc.)
subject to Section 10 regulations and water withdrawal regulations.
4. S&EC will prepare and submit an after -the -fact PCN Application (with
supporting Impact Maps) to USACE and DWR for consideration on or before
March 1, 2019. The PCN Application will request stream impacts utilizing
Nationwide Permit (NWP) 13 and 18 (per Section 404 of the Clean Water Act)
and General Certification 4134 (per Section 401 Certification of the Clean Water
Act). The PCN Application will address the aforementioned site appurtenances
and their compliance with Section 10 waters regulations.
The exhibit provided as Attachment 4 provides an example showing how the area and
volume of the impacts will be calculated and requested under the NWP 13 and 18.
S&EC will continue to keep USACE and DWR informed of our progress and any
expected changes to the above described schedule.
Please contact me if you have any questions or comments regarding the contents of this
letter or the proposed activities/actions and preliminary schedule included herein. We
anxiously await your response.
Sincerely,
SOIL & ENVIRONMENTAL CONSULTANTS, PA
C;��arzecki
Wetlands Department Manager
Attachments:
Attachment i — USACE Letter dated October 26, 2018
Attachment 2 — NCDEQ-DWR Letter dated November 14, 2018
Attachment 3 — Meeting Summary Emails dated December 20, 2018,
January 7, 2019 and January 8, 2019
Attachment 4 -- Example Impact Area & Volume Calculations Exhibit
Cc. Mr. Charles Preston McElheney, III (email)
Ms. Stephanie Goss, NCDEQ-DWR (email)
Ms. Samantha Dailey, USACE (email)
Ms. Kelly Lasky, City of Roanoke Rapids (email)
Page 4 of 4

Attachment 1
-2 -
You have the option of voluntarily restoring the stream channel in the previous location. We
strongly recommend that you hire an environmental professional to aid you in these efforts.
Successful restoration of this feature includes the following measures:
1) Using a qualified contractor, reconstruct the stream channel in its original location with
the following requirements:
a. Using best management practices, dewater the portion of the stream channel
subject to the activities listed in the paragraph above (e.g., coffer dam and pump -
around);
b. Remove all portions of materials that can impound water within the stream
channel;
c. Remove all retaining walls, re -slope stream banks (3:1 slopes recommended), and
stabilize disturbed/bare ground;
d. Remove all materials placed in the stream bed, including concrete linings,
plastic/rubber linings, cobble, boulder, and grade control materials;
e. Remove all drainage pipes and portions of the drainage system buried under the
stream channel or extending waterward of the bank of the Roanoke River;
f. Restore prior grade and contour of the stream channel using stream bed
sediments, which are suitable and appropriate for this landscape position and
ecoregion;
g. We recommend designing the stream channel using natural channel design pattern
and profile;
You also have the option to apply for an after -the -fact permit. Please be aware that, through
the permitting process you are required to demonstrate purpose and need of the project, avoid
and minimize your impacts to waters to the maximum extent practicable, and provide
compensatory mitigation for any lost function of the aquatic resources. In addition, when
requesting an after -the -fact DA permit, you are required to complete a Tolling Agreement.
Please contact Mr. Bailey immediately if you plan to apply for after -the -fact DA authorization to
discuss the permitting process. Keep in mind that you will be required to remove all discharged
dredged or fill material and provide restoration to the satisfaction of this office for those areas of
impacted waters of the U.S. that you do not receive after -the -fact authorization.
Finally, you need to provide the Corps a written response within thirty (30) days of the date
of this correspondence detailing your plan for resolving the above -referenced unauthorized
activities; include your intentions to restore the stream as indicated above, and/or pursue after -
the -fact DA authorization, and your proposed timeline for each. Thank you for your time and
cooperation. Should you have questions, contact Mr. David E. Bailey, Raleigh Regulatory Field
Office at David.E.Bailey2(&usace.army.mil or telephone [phone], Extension 30.
FOR THE COMMANDER

-3 -
Digitally signed by
GISBYJEAN.B.1229783633
DN: —US, o=U.5. Government, ou=DoD,
ou=PKI,ou=U5A,
cn=GIB8YJEAN.B.1229783633
Bate: 2018.10.26 11:17:15 -04'00'
for Robert J. Clark
Colonel. U.S. Army
District Commander
Copies Furnished:
Robert J. Higdon, Jr.,
U.S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Federal Building, Suite 800
Raleigh, North Carolina 27601-1461
Ms. Molly Davis
Chief, Wetlands Enforcement Section
Water Protection Division, Clean Water Enforcement Branch
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
Mr. Shelton Sullivan
Division of Water Resources
North Carolina Department of
Environmental Quality
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Mr. Zach Thomas
Division of Water Resources
North Carolina Department of
Environmental Quality
1628 Mail Service Center
Raleigh, North Carolina 27699-1628
Ms. Kelly T. Lasky
Director of Planning & Development
City of Roanoke Rapids
1040 Roanoke Avenue
Roanoke Rapids, North Carolina 27870

Attachment 2
Item II. Stream Standards -Removal of Use
Title 15A North Carolina Administrative Code 02B .0211 (2) requires that "The waters shall be
suitable for aquatic life propagation and maintenance of biological integrity, wildlife, secondary
recreation, and agriculture; sources of water pollution which preclude any of these uses on either
a short-term or long-term basis shall be considered to be violating a water quality standard."
Item III. Failure to Secure a 401 Certification
Title 15A North Carolina Administrative Code 2H .0501 requires certifications pursuant to
Section 401 of the Clean Water Act whenever construction or operation of facilities will result in
a discharge into navigable waters, including wetlands, as described in 33 CFR Part 323. Title
15A NCAC 2H .0502 states any person desiring issuance of the State certification or coverage
under a general certification required by Section 401 of the Federal Water Pollution Control Act
shall file with the Director of the North Carolina Division of Water Resources.
• Per our file review, a Pre -Construction Notification has not been received by the Division
of Water Resources for this project and that a 401 Water Quality Certification has not
been issued.
Requested Response:
You are requested to address the below items in writing within 30 days of receipt of this letter.
Please submit a Restoration Plan to this office for review and approval. You are encouraged to
secure a consultant to assist you with your pian development necessary to achieve compliance.
This plan must address the following locations/areas: Stream A as approximately outlined in red
on Attachment 1.
Remediation plan should address the following:
Stream Restoration Plans (Sediment Impacts) Sediment/fill needs to be removed from the
stream down to the native soil. Sedimentifill that has been removed from stream needs to be
secured upslope and stabilized with thick vegetative cover. The stream bed and channel must
be restored to its natural pattern profile and dimensions. We strongly encouraged securing a
consultant to assist with this process.
• Removal of Fill All debris located in the channel and along the banks of Stream A located
from the impoundment structure to the confluence with the Roanoke River must be removed.
This includes:
• Any water impounding structures;
• Any boulders, stone, cobble, concrete and rubber/plastic linings, and any other
grade control structures;
• All retaining wall structures, and restore slope and stabilize stream banks;
• All drainage and electrical systems buried or extending into the Roanoke River;
North Carolina Department of Environmental Quality Qiv:sion of Water Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

EL
• Erosion control Please address the control measures that will be used for temporary
stabilization/sediment control while this work is under way. Please provide a schedule with
dates by which this work will be completed. As a part of your restoration plan, it is required
that you include a permanent stabilization plan for the disturbed areas.
• Plan and Schedule. Please provide a detailed schedule with dates explaining when the
restoration will be accomplished. This schedule should include a one-year monitoring plan to
ensure that the riparian buffers are restored.
Please submit required materials to:
Zach Thomas
Division of Water Resources
3800 Barrett Drive
1628 Mail Service Center
Raleigh, NC 27699
This office requires that the violations, as detailed above, be abated immediately and properly
resolved. Environmental damage and violations of North Carolina Administrative Codes have
been documented for the subject site as stated above. Your efforts to undertake activities to
bring the subject site back into compliance is not an admission. rather it is an action that must be
taken in order to begin to resolve ongoing environmental issues.
These violations and any future violations are subject to a civil penalty assessment of up to
525,000,00 per day for each violation. This office will review your response to this letter as
a part of any enforcement recommendation. Should you have any questions regarding
these matters, please contact Zach Thomas at zachan.thomasi`ci nedenr,gov or (919) 791-
4247.
Sinc�pel ,
Danny Smith
Water Quality Regional Operations
Raleigh Regional Office
cc: DWQ RRO file copy
David Bailey via a -mail at David. E.Bailev2'wusace.arm v.miI
Kelly Lasky via email at [e-mail]
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh. North Carolina 27699-1617
919.707.9000

Google Aerial Attachment 1 from 11115,2015
Photographs 1 & 2: Impoundment structure in Stream A (10/18/18)
North Carol na Department of Environmental Quality Division of Water Resources
512 North Sal;sbury Street 11617 Mad Service Center Raleigh, North Carolina 27699-1617
919.707.9000

T_�
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01 me
ALI—-

Photograph 6: Pipes and electrical equipment near shoreline (10/ 18.118)
ONFwYI Ml�wrne OrM�
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707,9000

1
Patrick Smith
From:Bob Zarzecki
Sent:Monday, January 07, 2019 4:09 PM
To:'Thomas, Zachary T'; Alexander, Tasha L CIV USARMY CESAW (USA); Goss, Stephanie;
[e-mail]
Cc:Patrick Smith
Subject:RE: [External] RE: 118 River Road South, Roanoke Rapids, NC (SAW-2018-02001 &
NOV-2018-PC-0424) - - SITE MEETING SUMMARY
To All:
I spoke with Zach today and he said that DWR would be ok with the use of GC4134, so long as the
USACE allowed the use of NWP13. So, please consider the revision below.

“DWR & USACE thought the impacts could be permitted under NWP13/GC4134 pending a
thorough review of the after-the-fact PCN application.DWR said that if the USACE allows the
impacts to be permitted under NWP13, then DWR would allow the use of GC4134.”
Tasha:
Have you had a chance to review the meeting summary yet?
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA 
From:Thomas,ZacharyT<[e-mail]>
Sent:Monday,January7,201910:18AM
To:BobZarzecki<[e-mail]>;Alexander,TashaLCIVUSARMYCESAW(USA)
<[e-mail]>;Goss,Stephanie<[e-mail]>;[e-mail]
Cc:PatrickSmith<[e-mail]>
Subject:RE:[External]RE:118RiverRoadSouth,RoanokeRapids,NC(SAWͲ2018Ͳ02001&NOVͲ2018ͲPCͲ0424)ͲͲSITE
MEETINGSUMMARY

HiBob,

TheonlythingthatneedstobechangedisomittingDWRfromthebelowstatement:

“DWR & USACE thought the impacts could be permitted under NWP13/GC4134 pending a
thorough review of the after-the-fact PCN application.”

Otherthanthat,everythinglooksaccuratetome.

Thanks!

ZachThomas
EnvironmentalSpecialistI
NCDEQ–DivisionofWaterResources
RaleighRegionalOffice
Attachment 3
2
Office:919Ͳ791Ͳ4247
WorkMobile:919Ͳ817Ͳ5468


EmailcorrespondencetoandfromthisaddressissubjecttotheNorthCarolinaPublicRecordsLaw
andmaybedisclosedtothirdparties.

From:BobZarzecki[mailto:[e-mail]]
Sent:Friday,January4,20195:12PM
To:Alexander,TashaLCIVUSARMYCESAW(USA)<[e-mail]>;Goss,Stephanie
<[e-mail]>;Thomas,ZacharyT<[e-mail]>;[e-mail]
Cc:PatrickSmith<[e-mail]>
Subject:[External]RE:118RiverRoadSouth,RoanokeRapids,NC(SAWͲ2018Ͳ02001&NOVͲ2018ͲPCͲ0424)ͲͲSITE
MEETINGSUMMARY

CAUTION:Externalemail.Donotclicklinksoropenattachmentsunlessyouverified.Sendallsuspiciousemailasanattachmentto
[e-mail]
Tasha, Stephanie & Zachary:
Are you able to confirm that my meeting summary below is correct? \
Just don’t want to lose sight of it.
Thanks!
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA 
From:BobZarzecki
Sent:Thursday,December20,20184:49PM
To:Alexander,TashaLCIVUSARMYCESAW(USA)<[e-mail]>;Goss,Stephanie
<[e-mail]>;Thomas,ZacharyT<[e-mail]>;[e-mail]
Cc:PatrickSmith<[e-mail]>
Subject:118RiverRoadSouth,RoanokeRapids,NC(SAWͲ2018Ͳ02001&NOVͲ2018ͲPCͲ0424)ͲͲSITEMEETING
SUMMARY
Importance:High

To All:
Here is a brief summary of our site meeting today. Please feel free to chime into the group with any
corrections or additions.
Attendees – Preston McElheney (owner; attended the first half of the meeting), Tasha Alexander
(USACE), Stephanie Goss (DWR), Zachary Thomas (DWR), Kelly Lasky (Roanoke Rapids), Larry
Chalker (Roanoke Rapids), Patrick Smith (S&EC), & Bob Zarzecki (S&EC)
3
Date – December 20, 2018
Topics Discussed in Meeting –
x DWR handed a copy of the NOV-2018-PC-0424 notice directly to the owner as he had not yet
received the original in the mail. DWR said that they will consider today (12/20/18) to be the
“received date” of the notice and that the written response will be due in 30 days from today
being January 19, 2019. USACE said that this date would also be acceptable to them as the
due date of the written response to their notice. As the 19th is a Saturday, S&EC will plan to
submit the response on or before January 18, 2019.
x S&EC measured the length of the instream permanent impact to “stream A” to be
approximately 148 linear feet (lf) long. The group agreed that this is the impacted length and
not the “approximately 200 linear feet” as listed in the DWR and USACE notices. This length
will be accurately surveyed and listed in the proposed after-the-fact PCN application.
x The owner and S&EC showed photos of the channel prior to the instream work. The photos
validated comments made by the owner that the channel was unstable, with vertical failing
banks, and that previous attempts to stabilize it over the years have failed.
x The group acknowledged that the stream most likely did not have a riffle/pool complex and
was not a “special aquatic site”.
x The owner proposed to remove the concrete and stone impoundment structure under the
bridge to the bed height of the downstream, constructed channel so as not to cause any
significant impounding of water upstream.
x The owner proposed to plug (with grout) the bypass pipe that flows under the channel to allow
the stream to flow above ground and through the channel.
x The owner requested that the remainder of the existing channel work/stabilization could remain
and S&EC proposed to use NWP13/GC4134 to permit it after-the-fact.
x DWR & USACE thought the impacts could be permitted under NWP13/GC4134 pending a
thorough review of the after-the-fact PCN application.
x DWR & USACE brought up concerns over the potential for the stream undermining the
upstream end of the channel work (concrete/rubber liner) and not flowing above ground. DWR
& USACE requested that any additional stabilization work on the downstream end, where it
meets the river, would occur within the already impacted channel section and not extend any
further down towards the river. S&EC will work with the owner to address these concerns in
the proposed after-the-fact PCN application.
x The group discussed the proposed “river deck”, floating dock and water
intake/withdrawal. S&EC said that they would address these and their compliance with
Section 10 regulations and water withdrawal regulations within the PCN application.
x The group acknowledged that the owner also plans to replace the pre-existing riprap/rock
armoring along the river bank. S&EC said that this would be shown in the plans provided in the
PCN application.
Schedule –
x USACE & DWR to confirm this meeting summary by 12/21/18.
x S&EC will submit a formal written response to the USACE & DWR on the owner’s behalf on or
before 1/18/19.
x S&EC will submit an after-the-fact PCN application to the USACE & DWR on the owner’s
behalf on or before 3/1/19. This submittal date will be further defined in the written response
once we have confirmation of schedules by the surveyors.
Please confirm this meeting summary is correct.
Sincerely,
4
Bob Zarzecki
Wetlands Department Manager
Soil & Environmental Consultants, PA
North Quarter Office Park
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
[phone] Office Phone
[phone] Direct Line
[phone] Fax
[phone] Mobile
[e-mail]
Visit us at SandEC.com!
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1
Patrick Smith
From:Alexander, Tasha L CIV USARMY CESAW (USA) <[e-mail]>
Sent:Tuesday, January 08, 2019 10:34 AM
To:Bob Zarzecki; Goss, Stephanie; Thomas, Zachary T; [e-mail]
Cc:Patrick Smith
Subject:RE: 118 River Road South, Roanoke Rapids, NC (SAW-2018-02001 & NOV-2018-
PC-0424) - - SITE MEETING SUMMARY (UNCLASSIFIED)
CLASSIFICATION:UNCLASSIFIED

Bob,

IbelieveyouaccuratelycapturedourdiscussionsonsitehoweverIwouldliketoaddafew
things.

*Wediscussedremovingaportionoftheconcreteinthechannelneartheconfluencewith
theriver.
*Thetotallengthofpermanentimpactshouldremainlessthan150lfofstreamchannel
*Inrelationtoourconcernsoverthepotentialforthestreamunderminingtheupstreamend
ofthechannelwork(concrete/rubberliner)andnotflowingaboveground,wemayadd
specialconditionstothepermitverification.
*WediscussedtheuseNWP13/GC4134topermittheworkafterͲtheͲfact.Perourphone
discussiontodayUSACEbelievestheuseofNWP13andNWP18aremoreappropriate.The
concretefillplacedinthebottomofthechannelwasnotappropriateforbankstabilization.
ThisfillmaterialcouldbeauthorizedafterͲtheͲfactunderminordischarges,assumingitfitsthe
termsandconditionsoftheNWP18.PleasequantifytheamountoffillbelowtheOHWMfor
eachactivity.

Finally,IwouldtoreiteratethissectionofriverisaSection10wateroftheU.S.thereforeany
excavation,structure,orfillover,under,orintheriverwillrequireauthorization.

Thankyou,

TashaAlexander
RegulatorySpecialist
RaleighRegulatoryFieldOffice
3331HeritageTradeDrive
WakeForest,NorthCarolina27587
919Ͳ554Ͳ4884,ext.35

2

ͲͲͲͲͲOriginalMessageͲͲͲͲͲ
From:BobZarzecki[mailto:[e-mail]]
Sent:Thursday,December20,20184:49PM
To:Alexander,TashaLCIVUSARMYCESAW(USA)<[e-mail]>;Goss,
Stephanie<[e-mail]>;Thomas,ZacharyT<[e-mail]>;
[e-mail]
Cc:PatrickSmith<[e-mail]>
Subject:[NonͲDoDSource]118RiverRoadSouth,RoanokeRapids,NC(SAWͲ2018Ͳ02001&
NOVͲ2018ͲPCͲ0424)ͲͲSITEMEETINGSUMMARY
Importance:High

ToAll:

Hereisabriefsummaryofoursitemeetingtoday.Pleasefeelfreetochimeintothegroup
withanycorrectionsoradditions.



AttendeesͲPrestonMcElheney(owner;attendedthefirsthalfofthemeeting),Tasha
Alexander(USACE),StephanieGoss(DWR),ZacharyThomas(DWR),KellyLasky(Roanoke
Rapids),LarryChalker(RoanokeRapids),PatrickSmith(S&EC),&BobZarzecki(S&EC)



DateͲDecember20,2018



TopicsDiscussedinMeetingͲ

*DWRhandedacopyoftheNOVͲ2018ͲPCͲ0424noticedirectlytotheownerashehad
notyetreceivedtheoriginalinthemail.DWRsaidthattheywillconsidertoday(12/20/18)to
bethe"receiveddate"ofthenoticeandthatthewrittenresponsewillbeduein30daysfrom
todaybeingJanuary19,2019.USACEsaidthatthisdatewouldalsobeacceptabletothemas
theduedateofthewrittenresponsetotheirnotice.Asthe19thisaSaturday,S&ECwillplan
tosubmittheresponseonorbeforeJanuary18,2019.
*S&ECmeasuredthelengthoftheinstreampermanentimpactto"streamA"tobe
approximately148linearfeet(lf)long.Thegroupagreedthatthisistheimpactedlengthand
notthe"approximately200linearfeet"aslistedintheDWRandUSACEnotices.Thislength
willbeaccuratelysurveyedandlistedintheproposedafterͲtheͲfactPCNapplication.
3
*TheownerandS&ECshowedphotosofthechannelpriortotheinstreamwork.The
photosvalidatedcommentsmadebytheownerthatthechannelwasunstable,withvertical
failingbanks,andthatpreviousattemptstostabilizeitovertheyearshavefailed.
*Thegroupacknowledgedthatthestreammostlikelydidnothaveariffle/poolcomplex
andwasnota"specialaquaticsite".
*Theownerproposedtoremovetheconcreteandstoneimpoundmentstructureunder
thebridgetothebedheightofthedownstream,constructedchannelsoasnottocauseany
significantimpoundingofwaterupstream.
*Theownerproposedtoplug(withgrout)thebypasspipethatflowsunderthechannel
toallowthestreamtoflowabovegroundandthroughthechannel.
*Theownerrequestedthattheremainderoftheexistingchannelwork/stabilization
couldremainandS&ECproposedtouseNWP13/GC4134topermititafterͲtheͲfact.
*DWR&USACEthoughttheimpactscouldbepermittedunderNWP13/GC4134pending
athoroughreviewoftheafterͲtheͲfactPCNapplication.
*DWR&USACEbroughtupconcernsoverthepotentialforthestreamunderminingthe
upstreamendofthechannelwork(concrete/rubberliner)andnotflowingaboveground.
DWR&USACErequestedthatanyadditionalstabilizationworkonthedownstreamend,
whereitmeetstheriver,wouldoccurwithinthealreadyimpactedchannelsectionandnot
extendanyfurtherdowntowardstheriver.S&ECwillworkwiththeownertoaddressthese
concernsintheproposedafterͲtheͲfactPCNapplication.
*Thegroupdiscussedtheproposed"riverdeck",floatingdockandwater
intake/withdrawal.S&ECsaidthattheywouldaddresstheseandtheircompliancewith
Section10regulationsandwaterwithdrawalregulationswithinthePCNapplication.
*ThegroupacknowledgedthattheowneralsoplanstoreplacethepreͲexisting
riprap/rockarmoringalongtheriverbank.S&ECsaidthatthiswouldbeshownintheplans
providedinthePCNapplication.



ScheduleͲ

*USACE&DWRtoconfirmthismeetingsummaryby12/21/18.
*S&ECwillsubmitaformalwrittenresponsetotheUSACE&DWRontheowner'sbehalf
onorbefore1/18/19.
*S&ECwillsubmitanafterͲtheͲfactPCNapplicationtotheUSACE&DWRontheowner's
behalfonorbefore3/1/19.Thissubmittaldatewillbefurtherdefinedinthewrittenresponse
oncewehaveconfirmationofschedulesbythesurveyors.



Pleaseconfirmthismeetingsummaryiscorrect.
4



Sincerely,



BobZarzecki

WetlandsDepartmentManager

Soil&EnvironmentalConsultants,PA

NorthQuarterOfficePark

8412FallsofNeuseRoad,Suite104

Raleigh,NC27615

(919)846Ͳ5900OfficePhone

(919)256Ͳ4517DirectLine

(919)846Ͳ9467Fax

(919)270Ͳ2068Mobile

[e-mail]<mailto:[e-mail]>

VisitusatSandEC.com<Blockedhttp://www.SandEC.com>!

Thiselectroniccommunication,includingallattachments,isintendedonlyforthenamed
addressee(s)andmaycontainconfidentialinformation.Thiselectroniccommunicationmay
nothavepassedthroughourstandardreview/qualitycontrolprocess.Designdataand
recommendationsincludedhereinareprovidedasamatterofconvenienceandshouldnotbe
usedforfinaldesign.Relyonlyonfinal,hardcopymaterialsbearingtheconsultant'soriginal
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5


CLASSIFICATION:UNCLASSIFIED
Attachment 4
Channel Fill
Below OHWM
Bank Fill Below
OHWM (Typ.)
Approx. Original
Channel Bank
Approx. Original
Channel Bank
Existing Channel
Stabilization
Structure (Typ.)
OHWM
Estimated Bank Fill below OHWM:

Area = 1/2 x Width x Depth
= 0.5 x (2.0 ft. x 0.5 ft.)
= 0.5 sq.ft.

Volume = 0.5 sq.ft. x 1 linear ft. of channel
= 0.5 cu.ft. per linear ft.
= 0.019 cu.yds. per linear ft.

Less than 1.0 cu.yds. per linear ft. O.K.
0.5 feet
2.0 feet
Estimated Channel Fill below OHWM:

Area = Width x Depth
= 6.0 ft. x 0.5 ft.
= 3.0 sq.ft.

Volume = 3.0 sq.ft. x 150 linear ft. of channel
= 450 cu.ft.
= 16.7 cu.yds.

Less than 25 cu.yds. O.K.
Estimated
Depth 0.50 feet
Average
Width =
6 feet
6.0 feet
0.5 feet
Estimated Proposed Channel Cross-section
(Not to Scale)
EXAMPLE IMPACT AREA & VOLUME CALCULATIONS EXHIBIT