20042054 Ver 1_Complete File_20041228

OF W A TFR
,O r
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 11, 2005
Durham County
DWQ Project No. 042054
APPROVAL of 401 Water Quality Certification and NEUSE RIVER RIPARIAN BUFFER AUTHORIZATION
Mr. David Foster, PE
NCDOT, Rail Division
1556 Mail Service Center
Raleigh, NC 27699-1556
Dear Mr. Foster:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
proposed railroad siding extension near the East Durham Yard in Durham County.
Impact Locations Wetland Impacts
(acres) Stream Impacts (Linear Feet) Riparian Buffer Impacts (Sq. Ft.)
Station 45+00 <0.01 fill
Station 51+70 31 1,550 (930 Zone 1 + 620 Zone 2)
The project shall be constructed in accordance with your application dated received December 28, 2004 and
additional information dated received February 8, 2005. After reviewing your application, we have decided that the
stream impacts and riparian buffer impacts described are covered by General Water Quality Certification Number
3404. This certification corresponds to the Nationwide Permit 14 issued by the Corps of Engineers. This approval
is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). In addition, you should acquire any other
federal, state or local permits before you proceed with your project including (but not limited to) Sediment and
Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval will expire with the
accompanying 404 permit, unless otherwise specified in the Water Quality Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you must adhere to the
conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
2.) All stormwater runoff shall be directed to sheetflow through stream buffers at nonerosive velocities, unless
approved otherwise by this certification.
3.) During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
One
NhCarolina
Transportation Permitting Unit AM(rally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncvvetlands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper

4.) Riparian vegetation must be reestablished within the construction limits of the project by the end of the growing
season following completion of construction.
5.) The dimension, pattern and profile of the stream above and below the crossing should not be modified by
widening the stream channel or reducing the depth of the stream. Disturbed floodplains and streams should be
restored to natural geomorphic conditions.
6.) Any riprap used must not interfere with thalweg performance and aquatic life passage during low flow
conditions.
7.) All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
8.) Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
9.) The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification.
10.) There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this
permit without appropriate modification of this permit. Should waste or borrow sites be located in wetlands or
stream, compensatory mitigation will be required since it is a direct impact from road construction activities.
11.) Pursuant to NCACI5A 2B.0233(6), sediment and erosion control devices shall not be placed in Zone 1 of any
Tar-Pamlico Buffer without prior approval by the NCDWQ. At this time, the NCDWQ has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this
project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided that
Zone 1 is not compromised and that discharge is released as diffuse flow.
12.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the likelihood of introducing other pollutants into the stream.
13.) Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation
of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the
culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and
aquatic life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide
evidence that the equilibrium shall be maintained if requested in writing by DWQ.
14.) No live or fresh concrete shall come into contact with waters of the state until the concrete has hardened
15.) The presence of equipment in the channels must be minimized. Under no circumstances must rock, sand or
other materials be dredged from the wetted stream channel under authorization of this permit, except in the
immediate vicinity of the culverts.
16.) All work shall be performed during low or normal flow conditions.
17.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1.
18.) A copy of this Water Quality Certification shall be posted on the construction site at all times. In addition, the
Water Quality Certification and all subsequent modifications, if any, shall be maintained with the Division
Engineer and the on-site project manager.
19.) All protected riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and revegetated with native woody species upon completion of the project
construction. A post-construction as-built with the restoration activities included shall be submitted to the
DWQ no later than 60 days after the project is closed out by the Department of Transportation.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447,
Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Nicole Thomson at 919-715-3415.
/Siitc&rr Y,
G
Alan W. Klimek, P.E.,.
JEH/njt
Attachment
cc: Wilmington District, US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
NC DWQ Raleigh Regional Office
Central Files
File Copy
cACorrespondence\2004 Other Permits\DWQ042054\020905wgc.doc

? WATF Michael F. Easley, Governor
R
0
O? pG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
` Alan W. Klimek, P.E. Director
> Division of Water Quality
o ?
DWQ Project No.:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature
Date
Registration No.
Noce hCarolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
4H2°s 7
1101 1laynes Street Suite 101 Raleigh, NC 2760-1 Telephrnic `)19.828.3-4.13 Fax: 919.S24.35IS
ISCO,SCIE?I1CE'
February 7, 2005
F-B R - 2005
Ms. Nichole "Thomson DENR -
N.C. Division of Water Quality WF1UtNDSAN SAORMWATFRIBRANCN
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
RE: Response to a NCDWQ -I told" l,ettcr Dated January 24, 2005 03-172.02
Based on a Request for Use of Nationwide Permit Number 14
for a Proposed Railroad Siding I AMision near the East Durham
Yard, Durham County
DWQ Project No. 042054
Dear Nichol:
Please find enclosed information which should allow the N.C. Department of' Water Quality
(NCDWQ) to finish review of the permit application for the proposed railroad siding extension
near the East Durham Yard in Durham County, NC. The permit application was delivered to
NCDWQ under a cover letter addressed to Ms. Cyndi Karoly and dated December 22, 2004.
The permit application contains the following information.
• a cover letter to Ms. Karoly,
• a copy of a cover letter to Mr. Eric Alsmeyer of the U.S. Army Corps of' Engineers
(IJSACF),
• a completed Pre-Construction Notification (PCN) Application Dorm,
• Exhibit l (a project location map),
• Exhibit 2 (a plan view and lour cross sections from the project corridor),
• Exhibit 3 (a copy of the USACE Notification of Jurisdictional Determination for the
protect area
• A check from the applicant to the NCDWQ for $475.00
This letter and enclosed information are provided as a response to your letter dated January 24,
2005 (see attached copy) and a subsequent telephone conversation concerning the content of the
letter on February 7, 2005.
Based on your letter, the permit application was deficient in two areas, very generally
paraphrased as follows.
1) The applicant needs to clarify the classification of streams being impacted in terms of'
-perennial and "intermittent."
2) The applicant needs to clearly depict on a plan view the locations of Zone 1 and Zone 2
of the riparian buffer proposed to be impacted by this pro.ject.
h'CoScience ('oryTorcrlion
Ms. Nichole "Thomson
February 7, 2005
Page 2
Issue 1
Two streams will be impacted by the proposed project; both arc located in the Neuse River
basin, a protected river basin in terms of stream buffer. 'T'hese streams arc depicted on the
first figure (titled "sheet 1 of 5") in Exhibit 2 of the PCN. One stream flows from southwest
to northeast through a culvert under the existing railroad tracks. The culvert is located at
Station 51+70 on sheet l of 5. This stream is perennial, and has been determined by the U.S.
Army Corps of Engineers (USAGE) to be "important" in terms of mitigation.
The second stream flows from northwest to southeast along the toe of slope of the existing
railroad bed. This stream is considered intermittent and is an excavated ditch draining water
From a vegetated wetland to the perennial stream previously described. This intermittent
stream extends from Station 46+80 to Station 51+70 on sheet 1 of 5. This intermittent stream
has been determined by the USAGE to be "unimportant" in terms of mitigation.
Issue 2
The perennial stream appears on the Durham County soil survey (see attached) and is
therefore subject to the buffer rule. EcoScicnce Corporation has not requested that a
NCDWQ representative make a determination as to whether this is a buffered stream, we arc
acknowledging that the stream is a buffered stream. Please see the attached figure titled
"sheet 1 A of 5" for a plan view of proposed impacts to the perennial stream, specifically the
location and areas proposed for impact within Zone 1 and Zone 2 of the buffer.
The intermittent stream does not appear on either the Durham County soil survey or the
Southeast Durham and Southwest Durham, NC USGS 7.5-minute quadrangle (see attached)
and is therefore not subject to the buffer rule. IcoScience Corporation has not requested that
a NCDWQ representative make a determination as to whether this is a buffered stream.
Again, we hope this information, in addition to that previously supplied with the PCN and cover
letter, completes the necessary information for you to make an informed permit decision. Please
call me or Mr. Kendrick Weeks if" you have any questions or need further information. Thank
you for your assistance with this project.
Yours truly,
ECOSC'IFNCI' CORPORA'T'ION
U` S4
Alexander P. (Sandy) Smith
Senior Scientist
CC: Mr. Marc I laurel, N.C. 1611 Division
Attachments
,rrr ns AND SAORXQ BAR I r
RAN,.:r
?o 10F vv H FgPG
January 24, 2005
Durham County
DWQ Project No. 042054
East Durham Yard
Mr. David Foster, P.E.
NC Department of Transportation
Rail Division
1556 Mail Service Center
Raleigh, NC 27699-1556
Re: Permit Application for proposed Railroad Siding Extension near the East Durham Yard, Durham
County, DWQ Project No. 042054
Dear Mr. Foster:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for making
an informed permit decision. The permit application was deficient in the,following areas:
In your permit application, streams are listed as "important" or "unimportant" based upon Army Corps of
Engineers rating classification. For the purposes of impacts and mitigation required, DWQ requires that
streams be listed as intermittent or perennial. Please clarify the classification of the streams being impacted
based upon the above so that this office may make a determination of the impacts occurring and the resulting
mitigation required.
In your application, you list buffer impacts on the "important" stream channel. For the purpose of Riparian
Buffer Zones, DWQ requires that any streams that appear on a USGS topographic map or on a NRCS Soil
Survey map in a protected river basin necessarily have buffers unless and until someone from this office has
made a determination otherwise. Please clarify if someone from this office has made a determination as to
whether or not the streams being impacted are buffered streams. If that determination has not been made,
please feel free to call Nicole Thomson at 919-715-3415 to schedule a site visit for a buffer determination.
Also, please be advised that the riparian buffer zones are to be listed on the permit drawings and the areas of
impact should be highlighted. Buffer Zone 1 extends from the top of bank of the stream 30 feet landward and
Buffer Zone 2 starts where Buffer Zone 1 ends and extends 20 feet landward.
Therefore, pursuant to 15A NCAC 2H.0507(a)(5), we will have to place the permit application on hold until we are
supplied the necessary information. Furthermore, until the information is received by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on
hold.
-? D
FE
8 _ 200.5
4tnAN
DENR, SAND SA7 /? ?R QUALITY
RANCH
NhCarol'na
oce
Transportation Permitting Unit d?'atumily
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
„oy, -- -,
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer-50% Recycled/10% Post Consumer Paper
Hopefully, we can work together to expedite the processing of your permit application. If you have any questions or
require additional information, please contact Nicole Thomson at 919-715-3415.
Sincerely,
gAlan'W. Klimek, P. .
Director
cc: Wilmington District US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mr. Kendrick Weeks, Project Manager, EcoScience, 1101 Haynes Street, Suite 101, Raleigh, NC 27604
NCDWQ Raleigh Regional Office
Central Files
File Copy
#`kk
?4w
F?& 81 wF PFNR, 2005
?Nns? s oR,ywq?gC/ry
rFRB?NCN
IIII!?11??'i' irI11(?Ili' i'd(If•.'I!f ('/\(?(?IIP
Rr6 - +-
and +
WSB
Ws8 a ? Wsr' N ?' /
41
MfR
r WW,G. Cc ' Z ??iV li `f ?, i ? 98 v ? ,? ?' F 1.. F:?i::1
Ws6
Mfc WSR <=_ CrB E
Byr
ws, 70
R Mt8 Ur lam' \N Ws(;
° YJsB l U.
mtc
C " Ur W E f\v??
Pti
CiC DURHAM.. E •.?1 f- __ - -? ?:: ?, •\,?
f knityse0 r.7 .. v of ?\` (•1111 ,;,ice Cc
VOW
t 1' ro ^
W%E
Q444
sr5
Mf(J -. ©oYraw Prr Mfq rt f r
p/I
fta ?' 1 t^r / Mf :m;> a !'? `'I GrE1
N
WFE
S
W C
WSE-
Q .
GrB',
? ._.i,•"''!'v1, /?'?, \ -•? ? .,fit .? e m
%
~ '"fY 40 ?_. ~ •wf: •i ?.` (' ;r 13 /Mf •< <- _?? GYWs r (r(; Y
to If
Z jWs? WsP
WVr'
T r 1J
WsC j `\', T ry y (M? /3d F°, YJ`.,U I 1G f ;,
2 WsB IrB'
f t WS, WSH y * r \?\
y s x ,
WsZ" Fty Gu ?FtE WaC •( 7 a ° ?? W,E t
r z ?r .j{g ('r I ??.
T
wr(:z -.? s
Mfa,l _ PfE ! WEL?
-? Q ",, 1 Wslt $ilbe f3 '? WO
Q " e r 1 wir
GrC
Cr(;
k? ?JD TORM G ? CrEi _ / 'I? \ SE3 y,Yr°
IPUw? ? WS E
J i I I
NA - SHEET NUMBER 26
WwC -r - r R,pa
11' f+Yr I.,7
1- ,tip .k` V??y 4 ? r I r' • ^ 4'
711
\ tiF '
URHAM
1• „linty Sf?,, t) Ahl? ?` ? ,;? ?\?r?i/???)? -:a -+-?-•?_
.rte t ri+ ?ye>?' ; ((( / M } '• 1
ik-
T ? 'T #1- _ ? y
3. s d a1V7(3, m
rrj y/ J /?`r
A y. ( wJ1C UI J ?y?[i5 s e , * C °u
8 1 Z
« r r
,i p E$
E ? t ?"4 S , 'fi. 'JS I '1\ n K rY ?,r. ; W 6 Q NAtl
Mfr'
k' y \ At
WSM
- y .?.
l
y? i s fly.` yy ?' 1Ch
.. Cr
k
r
I
A,.r f4?'wk t sCrs[i + : 1 ` MWSF { ' ' (Wti(
PfE'?i 61. 4 , •?* '"? !..?? ?Y.B?
sty 206
..' f
W,3 DEW
` WA?W
r G) ; Ws I _? - r C"r
p?dSTdr7 4N 11Af lj-y
'Tic t?
Ctc
W. f - 1 Wn
I !
Sov4r0E $T A)MMAM QXAV N6L,E
o? UNITED STATES
DEPARTMENT OF THE INTERIOR
y9?- GEOLOGICAL SURVEY
36
1 mll- ? j
3985(
110" 1
5T3
P
DEP
SOUTHWEST DURHAM QUADRANGCt te`r
NORTH CAROLINA e2F,P
RCES 7.5 MINUTE SERIES (TOPOGRAPHIC) oe??
NW/4 DURHAM SOUTH 15' QUADRANGLE
H2,9 MI.
/z Empou // l3 M/ R XBORn .J
687 55' 5188 ?. 1 Ali 11) rNll l rn It W, I i MI To INIIf 'nrl r Jf 691 78',2'30"
?-
__ I 1 ,? f 1 ( ?f
?nvcI?
11-1 1 il" J/1
1V lilt
c n ?I
` l?) 1
`41D8BI? U
,/ A-
3985

0

j ?\4O"? ?n
{
i

l?

810 000
F E ETA-,

3982
ms
/
s

57'30"
..O
3981

? , ` 3980
©-( 2os "T
? I I
? ? I I
N I I
$ ? I I
? I I
o I I
o I I
? I I
$ I
g I I
I I
I I
I I
I I
I
I ?3l
I ?
I
I I
I
I
I I
I I o?
I I ??
i I Nrn
I I o
I I o?
I I ?
S', rfl
m rv O
o? , Z
Z a •?• C
m rnm _ •? I :10 z
?:70
z I
2 o--rl
UP
D O
-+ X
Cl)
az
z I
ON
.-----.---.--
n ? I ? n~i
o MA ?? I o
s D ? rn? -• •_•_
-n n
? _
o
m = I ,
C3 A,
•• c ?S :10 rro I I N
=n I I o
zM' o? mm
m ? -' p r I
° C-) _ o I
3> [? I I
D y
O Q I I
CP w I I L4
O?O? W A T ?RpG
>?.? -{
January 24, 2005
Durham County
DWQ Project No. 042054
East Durham Yard
Mr. David Foster, P.E.
NC Department of Transportation
Rail Division
1556 Mail Service Center
Raleigh, NC 27699-1556
Re: Permit Application for proposed Railroad Siding Extension near the East Durham Yard, Durham
County, DWQ Project No. 042054
Dear Mr. Foster:
The Division of Water Quality has reviewed your submittal for a 401 Water Quality Certification for the
aforementioned project. Review of your application revealed it lacking necessary information required for making
an informed permit decision. The permit application was deficient in the. following areas:
In your permit application, streams are listed as "important" or "unimportant" based upon Army Corps of
Engineers rating classification. For the purposes of impacts and mitigation required, DWQ requires that
streams be listed as intermittent or perennial. Please clarify the classification of the streams being impacted
based upon the above so that this office may make a determination of the impacts occurring and the resulting
mitigation required.
In your application, you list buffer impacts on the "important" stream channel. For the purpose of Riparian
Buffer Zones, DWQ requires that any streams that appear on a USGS topographic map or on a NRCS Soil
Survey map in a protected river basin necessarily have buffers unless and until someone from this office has
made a determination otherwise. Please clarify if someone from this office has made a determination as to
whether or not the streams being impacted are buffered streams. If that determination has not been made,
please feel free to call Nicole Thomson at 919-715-3415 to schedule a site visit for a buffer determination.
Also, please be advised that the riparian buffer zones are to be listed on the permit drawings and the areas of
impact should be highlighted. Buffer Zone 1 extends from the top of bank of the stream 30 feet landward and
Buffer Zone 2 starts where Buffer Zone 1 ends and extends 20 feet landward.
Therefore, pursuant to 15A NCAC 2H .0507(a)(5), we will have to place the permit application on hold until we are
supplied the necessary information. Furthermore, until the information is received by the NC Division of Water
Quality, we request (by copy of this letter) that the US Army Corps of Engineers place the permit application on
hold.
NQrthCarolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
micnaei r. tavey, uovernor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Hopefully, we can work together to expedite the processing of your permit application. if you have any questions or
require additional information, please contact Nicole Thomson at 919-715-3415.
Sincerely,
Alan W. Klimek, P.E
Director
cc: Wilmington District US Army Corps of Engineers
Mr. Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Mr. Kendrick Weeks, Project Manager, EcoScience, 1101 Haynes Street, Suite 101, Raleigh, NC 27604
NCDWQ Raleigh Regional Office
Central Files
File Copy

1 101 Haynes street suite HH Raleigh, NC 27004 Telephone
EcoSciellce
December 22, 2004
N.C. Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
VU ??
Ira 28..1 s
J 44
RE: Request for Use of Nationwide Permit Number 14 for Proposed Impacts 03-172.02
Associated with a Railroad Siding Extension near the East Durham Yard
Durham County
Dear Cyndi:
Please find enclosed the following information pertaining to the above referenced project:
• Summary letter to Mr. Eric Alsnlcyer describing the project
• A completed Pre-Construction Notification (PCN) form
• Exhibit 1: a site location map
• Exhibit 2: a site plan view and four cross sections
• Exhibit 3: a U.S. Army Corps of Engineers (USACE) Notification of Jurisdictiona
Determination form
We are hereby requesting concurrence; with our determination to use Nationwide Permit Number
14 for the impacts associated with the proposed work. We believe the project is in comphancc
with requirements for 401 Water Quality Certification and in general keeping with NCIISC River
Buffer regulations.
Please call me if you have any questions or aced further information. Thank you for your
continued assistance with this project.
Yours truly,
ECOSC'1EENNCE CgRP RATIO
Kendrick Weeks
Project Manager
CC: Mr. Marc Hamel, N.C. Rail Divisionj
Attachn,ents
_ T
lU} 11.??;?i??? ?,rit ,
i IUl l:ril?i u, l?.(,...lf,il, Ic i
,iui?, i3..5
-- a
C;1Cll'HC
December 22, 2004
Ms. Cyndi Karoly
N.C. Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
RE: Request for Use of Nationwide Permit Number 14 for Proposed Impacts 03-172.02
Associated with a Railroad Siding Extension near the East Durham Yard
Durham County
Dear Cyndi:
Please find enclosed the following information pertaining to the above referenced project:
• Summary letter to Mr. Eric Alsmeyer describing the project
• A completed Pre-Construction Notification (PCN) form
• Exhibit 1: a site location map
• Exhibit 2: a site plan view and four cross sections
• Exhibit 3: a U.S. Army Corps of Engineers (USACE) Notification of Jurisdictional
Detennination form
We are hereby requesting concurrence with our determination to use Nationwide Permit Number
14 for the impacts associated with the proposed work. We believe the project is in compliance
with requirements for 401 Water Quality Certification and in general keeping with Neuse River
Buffer regulations.
Please call me if you have any questions or need further information. Thank you for your
continued assistance with this project.
Yours truly,
ECOSC^IEENNCE CPRP RATIO
Kendrick Weeks
Project Manager
CC: Mr. Marc Hamel, N.C. Rail Division
Attachments
c
t',C(i,
110111;ipnr; Sl r???? rinitc IUI 1"tlri?>.I;, (,U
December 22, 2004
Mr. Eric Alsmeyer
Raleigh Regulatory Field Office
U.S. Army Corps of Engineers
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27615
RE: Request for Use of Nationwide Permit Number 14 for Proposed
Impacts Associated with a Rail Addition at the East Durham Yard
Durham County
Dear Eric:
03-172.02
The purpose of this letter is to provide you with information concerning proposed Section 404
jurisdictional area impacts associated with the above-mentioned project. The owner/applicant is
the North Carolina Department of Transportation Rail Division (Rail Division). Please find
attached to this letter the following items.
• A completed Pre-Construction Notification (PCN) form
• Exhibit 1: a site location map
• Exhibit 2: a site plan view and four cross sections
• Exhibit 3: a U.S. Army Corps of Engineers (USAGE) Notification of Jurisdictional
Determination form
The project corridor is approximately 2.7 miles long and 100 feet wide and includes the East
Durham Yard. The purpose of this project is to add one crossover track and a new main track,
which will allow for more efficient passing of trains through the East Durham Yard. The new
crossover track, approximately 471 feet long, will be constructed between existing rails at the
western end of the project corridor. The new main track (approximately 2.3 miles long) will
consist of a passing siding (approximately 0.5 mile long) that will be constructed approximately
860 feet west of the new crossover and north of the existing track. The siding/new main track
will then cross the existing rail bed and be located to the south of the existing track for the
remainder of the project corridor. The corridor contains one crossing subject to Section 404 of
the Clean Water Act, and the general location of this crossing is indicated by a circle on the
attached Exhibit 1. The jurisdictional streams and wetland associated with this crossing have
been delineated in the field, and the delineation was approved by the USACE on May 2, 2001 as
part of the jurisdictional review for the Triangle Transit Authority (TTA) proposed rail line (sec
the attached Exhibit 3).
EcoScience Corporation
Mr. Eric Alsmeyer
December 22, 2004
Page 2 of 2
Proposed jurisdictional area impacts are limited to the one crossing within the project corridor.
This crossing is located east of the proposed crossover track, where the proposed new main track
is located south of the existing rails. Proposed impacts include 325 linear feet of unimportant
stream (Stations 47+00 and 51+00; see Exhibit 2), 31 linear feet of important stream (Station
51+70, see Exhibit 2) and associated Neuse River Buffer, and less than 0.01 acre of vegetated
wetland (Station 45+00; see Exhibit 2). We expect the impacts will cause minimal changes to
hydraulic flow and minimal and short-term (if any) degradation of water quality.
Mitigation for proposed impacts (31 linear feet of important, perennial channel) includes on-site,
in-kind replacement of the impacted stream reach (31 linear feet) connecting the undisturbed,
upstream portion of the important, perennial channel with the culvert proposed to be installed
under the railroad bed. Avoidance and minimization measures will also be employed as
descrived in the attached PCN. No mitigation is being proposed for unimportant stream reaches
Again, we are interested in obtaining your verification that the proposed activity is allowable
under Nationwide Permit (NWP) No. 14. As part of this permit application, seven copies and the
appropriate fee are also being submitted to the N.C. Division of Water Quality (NCDWQ).
Please call me if you have any questions or need further information. Thank you for your
continued assistance with this project.
Yours truly,
ECOSCIENCE CORPORATION
l j
Kendrick Weeks
Project Manager
CC: Mr. Marc Hamel, N.C. Rail Division
Ms. Cyndi Karoly, N.C. Division of Water Quality
Attachments

??? W A T?9Q
?? r
>
Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://www.saw.usace.arniy.niiI/wetlands/Perm app.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at http://www.saw.usace.amiy.mi]/wetlands/rei?toLir.litm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U.S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Pen-nit type has been determined by the USACE.
Applicants are encouraged to visit ' DWQ's 401/Wetlands Unit website at
http://h2o.cnr.state.nc.us/ncwetIands to read about current requirements for the 401 Water Quality
Certification Program and to detennine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 12
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency,
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at http://www.saw.usace.arniy.miI/wetlands/iiM)fiilalFedReg.vdj
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at http://h2o.ehnr.state.nc.us/ncwetIands/1ees.litm1. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U.S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U.S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 12
Office Use Only: 042054 Form Version April 2001
USACE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
® Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit No. 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
Owner/Applicant Information
Name: Mr. David Foster, PE
Mailing Address: N.C. Department of Transportation _
Rail Division
1556 Mail Service Center
Raleigh NC 27699-1556
Telephone Number: [phone] Fax Number: _
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name: Not Applicable
Company Affiliation:
Mailing Address:
Telephone Number:
E-mail Address:
Fax Number:
Page 3 of 12
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: East Durham Yard
2. T.I.P. Project Number (NCDOT Only): P-3414
3. Property Identification Number (Tax PIN): JTax PIN not available for railroad ROW
4. Location
County: Durham Nearest Town: Durham
Subdivision name (include phase/lot number): Not Applicable
Directions to site (include road numbers, landmarks, etc.): (From Raleigh) Take I-40 west,
Take exit 279 to NC 147 (Durham Freeway) take the South Briggs Avenue exit and travel
north on S. Briggs Avenue. S. Brikes Avenue crosses the rail approximately 1600 feet south
of the northern terminus o the site (See Exhibit 1).
5. Site coordinates, if available (UTM or Lat/Long): Lat. 35.9702N Lon. 78.8637W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: The
site land use consists o an existing railroad corridor with a maintained right-of way.
7. Property size (acres): Project corridor is 2.7 miles (14,256 feet) by 100 feet (32.7 acres).
Nearest body of water (stream/river/sound/ocean/lake): The project corridor runs along the
divide between the Cape Fear and Neuse River basins. Third Fork Creek is the nearest
named bo y of water in the Cape Fear River basin. Little Lick Creek is the nearest named
bo y of water in the Neuse River basin. The project corridor drains southwest to Cape Fear
River Basin and northeast to the Neuse River Basin. Proposed impacts are to an unnamed
tributary to Little Lick Creek in the Neuse River basin.
Page 4 of 12
9. River Basin: Neuse River Basin/Cape Fear River Basin. Impacts occur in Neuse River Basin.
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at littp://h2o.ciir.state.nc.us/admin/maps/.)
10. Describe the purpose of the proposed work: The NCDOT Rail Division is planning to
widen the rail bed to the south of the existing rails to make room for a second rail to act as a
siding or passing trains. A new siding, and a new crossover will be constructed north of the
existinz tracks at the western end (3000 feet) o the proiect corridor.
11. List the type of equipment to be used to construct the project: Bore and jack machine,
bulldozer, back hoe dump truck
12. Describe the land use in the vicinity of this project: Land use in the vicinity of the project
is mainly urban land (residential and commercial).
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No previous permits
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: No additional permit requests are currently anticipated for this project in the
future However TTA plans to add track south o this project and will be requesting permits
pendingfunding.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
Page 5 of 12
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma
Type of Impact* Area of
Impact
acres Located within
100-year Floodplain**
es/no Distance to
Nearest Stream
linear feet
Type of Wetland***
Station 45+00 Excavation >0.01 No Connected Forested wetland

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at http://www.femaZgy.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.16 acre
Total area of wetland impact proposed: less than 0.01 acre
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
indicate on ma linear feet Before Impact leasespecify)
Station 47+00 and Relocation 325 before
UT to Little Lick Creek
3 feet Intermittent/
51+00 320 after Unimportant
Station 51+70 Culvert 31 UT to Little Lick Creek 3 feet Perennial/ Important
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps arc available through the USGS at 1-800-358-9616, or online at
www.us .?ov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.to mzone.com,
w ,m.ma-._ _ ucsLcom, etc.).
P-q-
Cumulative impacts (linear distance in feet) to all streams on site: 356 feet
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U.S.
Open Water Impact
Site Number
indicate on ma
Type of Impact* Area of
Impact
acres
)
Name Waterbody
(if applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
N/A

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 6 of 12
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): Not Applicable
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): Not Applicable
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
Avoidance: The siding will be constructed as near as possible to the existing rail, and all work
is expected to take place within the existing 100-foot railroad right-of-way, thereby avoiding:
additional impacts excgpt at or near the culvert crossing. Culvert replacement will be completed
by lack and bore methods that will minimize land disturbance.
Minimization: Careful design of the replacement rail footprint has reduced or minimzed impacts
to stream reaches along the 2.7 mile project corridor. Impacts (Station 45+00) to vegetated
wetlands have been minimized to less than 0.01 acre by keepin-a?the rail width as narrow as
possible within acceptable rail safety parameters in the vicinity of the wetland. Minimization
measures for all unavoidable impacts will include best management practices during
ronstrurtinn_
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
Page 7 of 12
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
littp:Hh2o.enr.state.nc.us/ncwctlagds/stnngide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The project will impact approximately 31 total linear eeo and less than 0.01 acre of
disturbed wetland The wetland proposed to be impacted appears to have formed in a former
road bed Vegetation within the wetland is characterized by weedy species specializing in
colonizing disturbed areas dominated by black willow trees.
Proposed mitigation, for important stream impacts will involve on-site in-kind replacement
of impacted channel This constructed channel will connect the upstream, undisturbed
portion of the perennial stream with the upper end of the culvert proposed to be installed
under the railroad bed The constructed perennial stream channel will be designed to
approximate the length and width of the existing channel thereby resulting in no net loss of
important streams
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at http:Uh2o.enr.srate.nc.us/wrp/index.htm. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): Not Applicable
Amount of buffer mitigation requested (square feet): Not Applicable
Amount of Riparian wetland mitigation requested (acres): Not Applicable
Amount of Non-riparian wetland mitigation requested (acres): Not Applicable
Amount of Coastal wetland mitigation requested (acres): Not Applicable
Page 8 of 12
IX. Environmental Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ® No ? If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
s uare feet Multiplier Required
Mitigation
1 930 3 N/A
2 620 1.5 N/A
Total 1550
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone L extentls an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Page 9 of 12
Dec 20 04 12:20p p.2
XI1. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility,
Not Applicable
XII1. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules'?
Yes ? No
Is this an after-the-fact pen-nit application?
Yes ? No
XIV. Other Circumstances (Optional):
1t is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
i
iz - zl - tJ
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Page I I of 12
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee Iredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston
US Army Corps Of Engineers Alleghany Edgecombe Lee
6508 Falls of the Neuse Road Ashe Franklin Nash
Suite 120 Caswell Forsyth Northampton
Raleigh, NC 27615 Chatham Granville Orange
Telephone: [phone] Davidson Guilford Person
Fax: [phone] Davie Halifax Randolph
Washington Regulatory Field Office Beaufort Currituck Jones
US Army Corps Of Engineers Bertie Dare Lenoir
Post Office Box 1000 Camden Gates Martin
Washington, NC 27889-1000 Carteret* Green Pamlico
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fis
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
h and Wildlife Service / National N
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Rockingham Wilson
Stokes Yadkin
Surry
Vance
Wake
Warren
Wilkes
Pitt
Tyrrell
Washington
Wayne
*Croatan National Forest Only
[arine Fisheries Service
National Marine Fisheries Service
Habitat Conservation Division
Pivers Island
Beaufort, NC 28516
Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
CAMA and NC Coastal Counties
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
Page 11 of 12
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 12 of 12
+ ''1?Y. `?+PIYi_7 +'+. fYrt }?I' III IIIIYJ ?J - \. -
'T7 LLJ
96
wi ?, lt?tr I,i,. t \
f 1 J / I` • ,,I
? V
I1 f, T .. r, r I Eastern
i
terminus
r .. J61 ? j ? x 'Suf»t
L f I 55
Htfi??P I 1 r:%'' Yt
?'•
9 _ _ 1 F,h E NWT
` 147
!I
w 11
40
i?. m +r tettffit all? an i \ us
r -I r .
a V r 540 ? ,@
ue ® I 54 40 '-,1
ii(G PO& f f X' *>?1' c i ?! x t . i'J-. V 1 I r .`
RD
5 t t- URHAM C l ^1? n
k.t cO.i Q *?7 a3> f ! \. F paleigh-Du m
f 751 I C?Mk /f
S?At
a f..
rnbt i
N 55 free - ,
Source: 2000 DeLorme Atlas and Gazeteer 7 .4 °%tead
4 t ?+ ???'
EcoScience PROJECT LOCATION
Corporation
1101 Heynee StreN, Suile 101 East Durham Yard Improvements
Raleigh, North Caroline 27804
??¦ ¦??¦ PAOAe ,"28-3433 Durham County NC
Fax: Y7P82&3518 I
Dm-By'
ES FIGURE
scale:
No Scale
Due:
SEPT 2004
ESC N.J.&
03-172.02
a
aG ? ?
0 d
Z
o?
0
az
F
C
o :r=
F
w'
V
? r
o x
m 's
F 4
O
/OWN

te to
10
I o
'O
I
I

Ln-
I
I
-
v
I

I to
I

I 0

- - Q I
I _ N -
Q
r
Z I
- - r

ca
W?
a a
-
o
o0:
?
I
n.

I ZU r

I W
- - I

I
- ° -
N
I

I O
M
Ln O Ln
Ol I O
0% Ln
OD LO
1 LO LO

I LL

1 Cl)
W
o

I =
N
- ` LO
Ln
I

I
- O
Ln

Z I
H w LO
? 1 z
x

d U

1 LO
-Cl)
I

O
Cl)
W
Z
z C14
W U
? N
`
M
W
- N
Z ?

V i
LLJ An
N
WIC

30,
o? Ilo
?
a ?
- - - to
- o
I ??

~
1 W

-
-
- I
1 o
N
- - I

I -
- to
N
I-
i O
in o LO
M 1 o
M LO
co o
co

- LO

M

i 10
U-
0
? W
1

1
o
W W
=
N
- - -
1 O I
? - Lm
O
d

LO
O

- - - - ` _ m
M
H
N
W
N

V -

bz
-
- °
V l
- - - - L_
r
Z
O I o

-- u j 4n-
N G

-
-
8
?6 NY
a°a
+
-
o
o?
1 cr
a
LO

%Li
r
1

- ;"'
(A
to _

' K
W r
N
Ln
- N

LO 0 LO
) LO
00
M 0
00
M LO
M LO
M

II Ln

10
I
o
z m
I Ln
Lo

i w

m h O
Ln

I I I N3
-
---
- o
- LO
- -
I I E W
CL M
I
_ - ?- - - -M
O

- - - _ I _ - L
- - Z= - - - N
En 0
W ?

Z ?

r
'
V ?
_ Lo-
i o 0
LLh
s
-
-
-
- - L 'f6.f

-i

_
a
+ c
o?
0. LO

Ln

-
- i

I
- -
-
N
N

I?

-
(n o; Ln
- o, O CT ? i
b? N OI Lni
I CQI CO I-, i

-
N
- M

Action ID:
U.S. ARMY CORPS OF ENGINEERS COPY
Wilmington District
199820633 County: Wake & Durham
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Authorized
Owner Triangle Transit Authority Agent Environmental Services, Inc.
Attn: Kelly Goforth Attn: Steve Cahoon
Address Post Office Box 13787 Address 524 New Hope Road
Research Triangle Park NC 27709 Raleigh, NC 27610
Telephone Number 919-406-1710 Telephone Number 919-212-1760
Size and Location of Property (waterbody, Highway name/number, town, etc.): The project is
located along existing North Carolina and CSX rail corridors, between Durham and north Raleigh, in
Durham and Wake Counties, North Carolina.
Basis for Determination: The corridor contains wetlands and stream channels with indicators of
ordinary high water marks, located adjacent to tributaries of the Neuse and Cape Fear rivers
Indicate Which of the Following Apply:
There are waters of the U.S., to include wetlands, on the above described property which we strongly suggest
should be delineated and surveyed. The surveyed wetland lines must be verified by our staff before the Corps will
make a final jurisdictional determination on your property.
Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a timely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval by the
Corps. The Corps will not make a final jurisdictional determination on your property without an approved survey.
X The waters of the U.S., to include wetlands, on your lot have been delineated, and the limits of the Corps
jurisdiction have been explained to you. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to
the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the
date of this notification.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army Permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers regulatory program, please contact
Todd Tugwell at telephone number (919) 876 - 8441 extension 26
Project Manager Signature
Date May 2, 2001
ration Dhte May 2, 2006
SURVEY PLAT OR FIELD SKETCH OF THE DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.
MENEM,

Applicant: Triangle Transit Authority File Number: 199820633 Date: May 2, 2001
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
¦„, yy
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved 1D. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD
you may appeal the approved JD under the Corps of Engineers Administrative
,
Appeal Process by completing Section Il of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAI. OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
Auut t tuNAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
it you have questions regarding this decision and/or the appe
process you may contact:
Mr. Todd Tugwell, Regulatory Specialist
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, North Carolina 27615
rt you only nave questions regarding the appeal process you may
also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M 15
Atlanta, Georgia 30303-8801
ruvn, yr nrv r KY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or
DIVISION ENGINEER:
Commander
U.S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490