HomeMy WebLinkAboutSDP200700150 Legacy Document 2008-03-04Meaan Yanialos
From: Tamara Ambler
Sent: Friday, February 08, 2008 10:16 AM
To: Megan Yaniglos
Subject: FW: Requests of Bonner
fyi
Tamara Jo Ambler, CPESC
Natural Resources Manager
Albemarle County - Community Development
(434) 296 -5823 ext. 3264
tambler @albemarle.org
- - - -- Original Message---- -
From: Iseli, Nora M NAO [mai Ito: Nora. M.Iseli @nao02.usace.army.mi1]
Sent: Wednesday, February 06, 2008 9:57 AM
To: Katharine Almy
Cc: Tamara Ambler; Millard,Eric; Schwinn, Michael A NAO; Lane Bonner
Subject: RE: Requests of Bonner
Hi. There are too many emails and phone calls flying around so I want to attempt to clarify my position. Also, please
understand that I am going by the information I currently have reviewed. If something new is provided, or the project
changes, so may my determination.
In response to your email of 2 -1 -08 and 2 -5 -08.
It has been my practice for over 25 years to always work with local and state government agencies. There are a few local
governments in my experience that prefer to keep coordination to a minimum and I respect that preference.
Albemarle and many other counties however prefer a communicative working relationship and our coordination on projects
has been beneficial, hopefully to us both. I also encourage property owners /applicants to work with permitting agencies
concurrently so as to avoid having to change final plans further down the road. The Corps doesn't have any requirement
to do so but I think it serves both government and applicant. I believe open communication with everyone minimizes
confusion and controversy. When you begin to have a lot of second -hand information passed along, it usually results in
confusion.
For instance, site discussions of possibilities, considerations, and what -if scenarios, can be misconstrued or misinterpreted
or taken out of context when being passed along. As an example, my looking at the size of a pipe under a roadway and
making a comment that possibly the oversize design was to accommodate continual flow that experiences a tremendous
increase during storm events, is not a Corps perennial stream determination. It's making an on -site observance regarding
one of many possible factors involved in making a final determination, if and when such a determination is necessary.
In an attempt to reduce confusion, I am copying Tamara with the County, Eric with DEQ, Mike Schwinn the Western VA
Regulatory Section Chief, and Mr.
Bonner, one of the property owners in question. If I had an email for Mr.
Fritz, Mr. Harding, and a representative at the Health Dept., I would copy them as well, but perhaps Tamara and Mr.
Bonner can forward the email.
Local, State, and Federal regulations are often overlapping but address different aspects of projects. What one may
require, the other may not. I do not apply or enforce local or state agencies requirements but attempt to make property
owners aware that they may or may not need permits from these agencies and should always check with them as well.
For instance, if the property owners remove the culverts and construct a span across the waterway going from upland
bank to upland bank, I have no jurisdiction and no permit nor delineation is required from the Corps, however the local
government may still require permits and application of E &S codes.
With regard to the Bonner and Harding projects, my current intent is to ensure the property owners are aware of the Corps
requirements, guidance, and recommendations. The Corps Regulatory Program is dynamic and I realize it can be difficult
and confusing and is often a moving target. However it is the responsibility of every property owner to make certain they
obtain appropriate permits or follow the most recent regulations, policies, etc.
If an unauthorized activity or a permit violation occurs and is reported to me, I make a determination as to whether or not it
would have been authorized, whether the impacts are minimal, and I work with the property owner to resolve the violation.
The Corps has some general permits that "automatically" authorize an activity, if the activity meets the criteria of that
authorization. If the work meets most but not all of the criteria associated with that permit, the Corps will work with the
property owner to bring that activity into compliance with the permit conditions.
I encourage an applicant to avoid and minimize impacts to regulated waters /wetlands and I provide guidance and
information on how to achieve minimization, when and what type of permit will be required, and what information must be
submitted during the permit process.
I included you in an earlier email that provided information regarding my
coordination with my Supervisor and the Bonner and Harding projects. Mr.
Bonner, for himself and also acting as an agent for Mr. Harding, has the information necessary to make a decision on what
type of permitting they may want to consider. Mr. Bonner has agreed to remove and /or take remedial action to ensure the
crossings are brought into compliance. Very basically speaking, avoiding and /or minimizing impacts to aquatic resources
(both proposed and reasonably anticipated in order to develop a property) minimizes the amount of information required to
be submitted to the Corps and minimizes the permitting process. The greater the cumulative impacts to develop those
lots, the more complex and involved the process becomes.
If the applicants can demonstrate that the cumulative impacts associated with the two crossings and any other reasonably
anticipated impacts are minimal and together meet the minimum threshold of a general permit, and further demonstrate
avoidance and minimization, for instance through deed restrictions, conservation easements, restrictive covenants, etc.,
that protect and preserve in perpetuity the delineated stream and wetlands, the
projects will likely meet the criteria of a Nationwide Permit.
Nora Iseli, PW D
US Army Corps of Engineers Norfolk District Central VA Regulatory Field Office
444 Abby Lane
Howardsville, VA 24562
434/263 -8247
434/263 -4170 FAX
Nora.m.iseli @usace.army.mil
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