HomeMy WebLinkAbout20020667 Ver 1_Complete File_20020429OF
?O pG
Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Division of Water Quality
May 9, 2002
DWQ# 02-0667
David Foster Guilford County
N.C. Department of Transportation, Rail Division
1556 Mail Service Center
Raleigh, NC, 27699-1556
APPROVAL of 401 Water Quality Certification
Dear Mr. Foster:
You have our approval, in accordance with the attached conditions, to place fill in 0.021 acre of wetlands and 195
linear feet of intermittent streams in order to construct two railroad crossings associated with the McLeansville Railroad
Siding Extension in Guilford County, as described in your revised application received by the Division of Water Quality on
April 29, 2002. After reviewing your application, we have decided that this fill is covered by General Water Quality
Certification Numbers 3375, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This
Certification allows you to use Nationwide Permit Number 14 when issued by the U.S. Army Corps of Engineers. In
addition, you should get any other federal, state or local permits before you go ahead with your project including (but not
limited to) Sediment and Erosion Control, Coastal Stormwater, Non-Discharge and Water Supply Watershed regulations.
Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General
Certification.
This approval is only valid for the purpose and design that you described in your application. If you change your
project, you must notify us in writing and you may be required to send us a new application for a new certification. If the
property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification
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 which 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 telephone Cyndi Karoly in our Central Office at 919-733-9721.
Sin erely,
7 Gregory J. Thorpe, Ph.D.
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Winston-Salem DWQ Regional Office
Central Files
File Copy
Sandy Smith, 1101 Haynes St., Suite 101, Raleigh, NC, 27604
020667
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), httpJ/h2o.enr.state.nc.us/ncwetlands/
EcoScience
April 26, 2002
1101 Haynes Street Suite 101 Raleigh, AC 2760.1 Telephone: 919.828.3433 Fax: 919.825.3318
Mr. John Dorney
N.C. Division of Water Quality
1621 Mail Service Center
Raleigh, North Carolina 27699-1621
j? F AFR 2 9 20c't
RE: Request for Use of Nationwide Permit Number 14 for Proposed Impacts 00-059.01
Associated with a Railroad Siding Extension near McLeansville in Guilford
County
Dear John:
The purpose of this letter is to provide you with information concerning proposed Section 404
jurisdictional impacts associated with the above-mentioned project. The owner/applicant is the
North Carolina Railroad Company. The project corridor is approximately 2.2 miles long and 200
feet wide. The corridor contains eight jurisdictional crossings, and general locations of these
crossings are indicated by circled numbers on the attached Exhibit 1. Jurisdictional streams and
wetlands associated with these crossings have been delineated and delineation flags have been
located with the use of GPS technology. Ms. Jean Manuele of the U.S. Army Corps of Engineers
(COE) Raleigh Field Office visited the corridor and verified the field delineation on February 4,
2002 (see the attached Exhibit 7). The project requires widening the rail bed to the south for the
construction of a second rail, or siding, which will allow for more efficient passing of trains.
Proposed jurisdictional area impacts are limited to two of the eight jurisdictional crossings within
the project corridor. Proposed impacts include 70 linear feet of stream at Crossing 1 (Station
322+00, see Exhibits 1 and 4) and 0.021 acre d vegetated wetlands and 125 linear feet of stream at
Crossing 2 (Station 315+00, see Exhibits 1 and 5). Completed NCDWQ Stream Classification
Forms are included in the attached package as Exhibits 5 and 6. Crossing 1 is classified as an
intermittent stream determined by the COE to be "unimportant", while Crossing 2 is classified as
an ephemeral channel determined by the COE to be "unimportant."
Please find included in the package 1) two checks covering the application fee of $475.00 and 2)
seven copies of this letter, a cover letter to the COE, and the completed Pre-Constriction
Notification form and seven referenced exhibits associated with this project.
l y
17
EcoScience Corporation
Mr. John Dorney
April 26, 2002
Page 2
The applicant should be listed as follows: Mr. Scott Saylor, President
North Carolina Railroad Company
2809 Highwoods Boulevard, Suite 100
Phone: 919-954-7601
Again, our objective is to obtain authorization for the described impacts to Section 404 jurisdictional
areas under Nationwide Permit Number 14. 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
1?i' U' Y4
Alexander P. (Sandy) Smith
Senior Project Manager
CC: Mr. Marc Hamel, N.C. Rail Division
Attachments
Office Use Only: Form N; rsion 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.
1. Processing 0 W V
1. Check all of the approval(s) requested for this project: s ; a q
®Section 404 Permit t `
? Section 10 Permit :'tl ;tsDS GROUP
® 401 Water Quality Certification - 4u.+uTY sECTiord
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit # 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
1. 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: (919) 733-4713 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: Fax Number:
E-mail Address:
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: McLeansville Siding
2. T.I.P. Project Number (NCDOT Only): P-3414
3. Property Identification Number (Tax PIN): Tax PIN not available for railroad ROW
4. Location
County: Guilford Nearest Town: McLeansville
Subdivision name (include phase/lot number): Not Applicable
Directions to site (include road numbers, landmarks, etc.): (From Raleigh) Take 1-40 west,
which will merge lvith 1-85 south to become 1-40185. Take exit 132 (Mt. Hone Church Rd.)
north which will turn into McLeansville Road Approximately 4 miles from the exit,
McLeansville Road will cross the rail line in the conununityofMcLeansville (See Exhibit 1).
5. Site coordinates, if available (UTM or Lat/Long): See Exhibit 2
(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: Tire
site land use consists of an existing railroad corridor with a maintained riszht-of-ivay.
7. Property size (acres): Corridor i.s 2.2 miles (11,616 feet) by 200 feet (53.33 acres).
8. Nearest body of water (stream/river/sound/ocean/lake): South Buffalo Creek to the north.
Site drains to south to Little Alamance Creek south of the corridor.
9. River Basin: Cape Fear River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://l12o.enr.state.nc.us/admin/maps/.)
Page 4 of 12
10. Describe the purpose of the proposed work: The NCDOT Rail Division is planning to
widen the rail bed to the south to make room for a second rail to act as a siding for passing
trains.
11. List the type of equipment to be used to construct the project: Bore and lack machine,
bulldozer, back hoe dump truck
12. Describe the land use in the vicinity of this project: Land use in the vicinity o the project
is intermixed lvith rural/residential land, agriculture, and unmanaged forest.
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. The existing track lvas installed prior to the Clean Water Act.
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
f cure.
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 Area of Located within Distance to
Site Number Type of Impact* Impact 100-year Floodplain** Nearest Stream Type of Wetland***
(indicate on ma) (acres) (es/no) (linear feet)
Station 315+00 Temporary fill 0.02 No Connected Maintained lawn
Station 315+00 Permanent fill 0.001 No Connected Maintained Lawn
* 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.fema.cov.
*** 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: 0.87 acre
Total area of wetland impact proposed: 0.021 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 (please s pecify)
Station 315+00
Culvert
125 UT to Little Alamance 2 feet Intermittent/
Creek unimportant
Station 322+00
Culvert
70 UT to Little Alamance
4 feet Intermittent/
Creek unimportant
* 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, ditch ing/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 are available through the USGS at 1-800-358-9616, or online at
www.ustts.gov. Several internet sites also allow direct download and printing of USGS maps (e.g., www.tapozone.com,
www.m,ipquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 195 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
Nat War)
(if f applicable) Type of Waterbody
(lake, pond, estuary, sound,
bay, ocean, etc.
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 Applicahle
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.
The cross-section designed or this project minimizes the width necessary to filfill the
projects purpose and need. The sidinu will he constructed as near as possible to the existing
rail and all the work is expected to take place within the existing 100-foot right-o -way that
borders the track. Additionally, best management practices will be utilized during construction
to minimize construction impacts.
Avoidance: The 2.2-mile project corridor includes eight existing stream crossings. The
proposed widening activity will avoid impacts altogether to six of these crossinZ
Minimization: Due to lintitations of the existing structures associated with culverts #1 and 42,
located at Stations 315+00 and 322+00 (see Exhibits 3 and 4), both culverts will be replaced.
Direct impacts will be avoided to the maximum extent practicable during culvert replacement,
and appropriate sediment and erosion control practices will be implemented to minimize impacts
during culvert replacement.
Videning of the rail bed at culvert 42, Station 315+00 (Exhibit3), will fl11 the stream which
currently extends adjacent to the existing toe of the rail bed (see Exhibit 5 for COE and DWO
stream forms). This stream is currently an unstable, approximately I foot tivide by 2 foot deep
entrenched char7nel. An approximately 60-foot restored channel along the new toe of f Il slope
hill utilize natural channel desi iprovide a stable channel o f ering enhanced aquatic value
relative to the pre-project channel.
Page 7 of 12
IVidening of the rail bed at culvert 41, Station 322+00 (Exhibit 6), will result in the construction
of approximately 35 feet of restored channel designed to offer similar stream characteristics to
the pre project channel (see Exhibit 6 for COE and DWO stream forms).
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,
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
http://h2o.enr.state.ne.us/ncwetlands/stmigide.litml.
1. 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.
Not applicable.
Page 8 of 12
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 littp:Hli2o.enr.state.iic.iis/w!p/iiidex.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
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 (919) 733-5083 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.
Page 9 of 12
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 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
(square feet) Multiplier Required
Mitigation
1 3
2 1.5
Total
* Zone I extends out 30 feet perpenmcutar from near nanK or cnannei; cone G CxlenuS 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
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or .0260.
Not Applicable
XI. Stormwater (DWQ Only)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Railroad siding design plans do not significantly increase impervious surface.
XII. 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 --
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Rules?
Yes ? No
Page 10 of 12
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It 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).
v2
Applicant/xgent'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
US Army Corps of Engineers Avery Clay Jackson Polk
151 Patton Avenue Buncombe Cleveland Lincoln Rowan
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: (828) 271-4854 Caldwell Haywood McDowell Swain
Fax: (828) 271-4858 Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: (919) 876-8441 Davidson Guilford Person Warren
Fax: (919) 876-5283 Davie Halifax Randolph Wilkes
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: (252) 975-1616 Chowan Hertford Pasquotank
Fax: (252) 975-1399 Craven Hyde Perquimans
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Pitt
Tyrrell
Washington
Wayne
Union
Watauga
Yancey
Wilson
Yadkin
*Croatan National Forest Only
Page 11 of 12
EXHIBIT I
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BEGIN' (I CTJ/
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3? , rU END
1,07 PROJECT
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0 2000 ft. 400 ft.
1:24,000 i I"?l 1
Source: USGS 7.5 Minute Topo Maps (McLeansville, N.C.) J ,.-
Date: FEB 2002
SITE VICINITY
EcoScience McLEANSVILLE SIDING Prepared For.
j Corporation T.I.P. #: P-3414 NCDOT
r- Raleigh, North Carolina Guilford County, North Carolina RAIL DIVISION
EXHIBIT 2
Site Coordinates. See Exhibit 1 for system (culvert) locations.
System Latitude Longitude
1 36°06'20.30"N 79°39'30.20"W
2 36°06' 15.38"N 79°39'37.77"W
3 36°06'33.63"N
5 36006'34.36"N
6 36°06'31.08"N
7 36°06'25.76"N
8 36°06'31.16"N
79°38'30.3 VW
79038'47.21"W
79°39'07.51 "W
79°39'21.33"W
79°37'50.94"W
9 36006'33.66"N 79°37'38.90"W
EXHIBIT 3
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EXHIBIT 4
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u co VAL STA. 325+21 i Mon
cr)
REFERENCE STA.
/
+ RC?SISTA. 3+75.57
PROPOSED
-
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?E)V?l ^ SIG1Jt
319}
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CONC. ENDWALL
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90
L EL = O?8
IN.DI .
PIPE
80
414, NCRR IMPROVEMENT PROJECT
McLEANSVILLE SIDING EXTENSION
,
VAL STA 322+40.2 MP H-7.95
PROPOSED EXTENSION OF 2'
2
5' BOX CULVERT
x
.
NSVLLE
NC GUILFORD COUNTY
,
NCRR, NS
V SEC H-7.95
M0. E7 O{TE REYlSAY EWE 042402 SCAlE 1' 50' (PIANI SHEET 2 OF 2
EXHIBIT 5
INTERMITTENT CHANNEL
EVALUATION FORM
ACTION ID APPLICANT NAME 1112)P) 1!(f?dV1Sd'q DATE 1II??,?JL
?-
PROPOSED CHANNEL WORK (i.e.,culvert. relocation, etc.) [Io t-;t./' ;i d. a `
1VATERBODY/RIVER BASIN _ 01,ti (% t1 t'( COUNTY/CITY cxIl) r''d
RECENT WEATHER CONDITIONS
P SP NP Observation Comments or Description
X Fish/ShellfisWCtustaceans Present
Benthic Macro Invertebrates
Amphibians PresenvBreeding
X Algae And/Or Fungus (water quality function)
Wildlife Channel Use (i.e. tracks, feces. shells. others) ook' t "cil n!" X-a k15
Federally Protected Species Present (Discontinue)
Riffle/Pool Structure i.e J,
Stable Streambanks
Channel Substrate
(i.e. travel. cobble. rock. coarse sand)
Riparian Canopy Present (SP -h 50% closure)
Undercut Banks/Instream Habitat Structure
X Flow In Channel
X Wetlands AdjacentTo/Contig. With Channel (Discontinue)
,t?rtS /n?? ?•,,ttt-f•?p?y a tilt!
x Persistent Pools/Saturated Bottom
(June through Scot.)
/` Sceps/Groundwatcr Discharge (June through Sept.)
Adjacent Floodplain Present
1 x Wrack Matenal or Drift Lines
E }? Hydrophytic Vegetation in/adjacent to channel
Important To Domestic Water Supply? Y/rN
Does Channel Appear On A Quad Or Soils D1ap? YApprox. Drainage Area:
urrrrrrrrrurarurrulrrrrrrurrrrraranarurrrrrnrlnrraralrnurrrrrrrnlnlrrruurrurnunrruurrrarurrrrnrarlrrnrrrrrrrnarrrnlualarlruarrnarrrrunrurnrlrurrrrrnrrrrurlurarrrrrrurrru
Determination:
Perennial Channel (stop) Important Channel: LF PROJECT MGR. Initials 0 f."'I/ "1
iC Intermittent Channel (Proceed) ?( Unimportant Channel: LF
Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel)
Ditch Through Upland (no jd)
Evaluator's Signature:
(if other than C.O.E. project manager)
raunrrrrunrrrrrurrrrrrrrrrruurrnrrrrrarrrarrrrrrnrnrlrruururrraaruururnnruuuurrrrarrrrrrlurrrlrrrrrrrnrrrrrrrnrrlruurraurrrrrruuurrrrrrrnanrrrrrrrrarurrrrrrrrnrrurrruunrrrarr
P=Present SP=Stong!y P:cscnt NP=Not Present 11/4/98
114,k- l ?? V 131J cant VFitS11111ICattVtl rut ell
a 5 < ??,
L-
Project Name: f l t.r ,.•j?(', ,.3 --,River Basin: A tV` f tir
91
County t<;{1??')%
Evaluator. Jt?Y r, j
^
L,
DWQ Project Number. Nearest Named Stream: `t: .';' ',-
Latitude.
Signature:(/} i - j
` Date: ?1? N1 GJ; USGS QUAD: Longitude: V J J ?` 1 11 Location/Directions:
*PLEASE NOTE: if nnluator and landowner agree that the feature it a man-made ditch, then use of this form it not necessary.
Also, if in the best projessionai judgement of the evaluator, Ne feature is a man-made ditch and not a modifud natural stream-Nit
rating s}sum should not be used*
Primarv Field Indicators: (Circk One Number Per Line)
1. Geornorpholoty Ahsent Weak Moderate Strong
1) Is There A Riffle-Pool Sequence? /0 1 1 2 3
2) Is The USDA Texnue In Streambed
Different From Sturoundine Terrain? % Ol 1 2 3
3) Are Natural Levees Present? /0') 1 2 3
4) Is The Channel Sinuous? 46.) 1 2 3
5) Is There An Active (Or Relic) a
Floodphin Present? IJ?? 1 2 3
6) is The Channel Braided? /p) I 2 3
7) Are Recent Alluvial Deposits Present' f 0) 1 2 3
8) Is There A Bankfi ll Bench Present? Y?O) I 2 1
9) Is A Continuous Bed & Bank Present? 0 1 2
01
101VOTE• IfBed h Rank Cauwd Rr DirrhinvAnd 97771OUrSin-Tiry A,n Scpre- D•)
10) Is A2"Order Or Greater Channel (As Indicated
4
i
On Topo Nfap And/Or In Field) Present? Yes=3
ce x
o
1
PRIMARY GEOJIORPHOLOGYINDICA TOR POINTS: i `
IT. Hvdroloey Absent Wenk Nyoderate Strong
1) is There A Groundwater yy??
FlowiDischarce Present? 0 / I I 2 3
PRUfARY11YDROLOGYiNDICATOR POINTS.
PRIMARY BIOLOGY INDICATOR
Secondary Field indicators: (Carle One Number Per Line)
3) Does Topography Indicate A
Natural Drainace Way? 0 (.5? 1 1.5
SECONDARY GEO,MORPHOLOGYINDICATOR POINTS:-Zr?L
If. Hydrolney Absent Welk Moderate Strone
1) Is This Year's (Or Last's) Lcatliner ;-"-N
4) Is Water In Channel And>48 Hrs. Since "U .5 (j) 1.5
Last Known Rain? rvt)TF• I/!)itch Lidicatedln a9.4bp?eskir Thrs Sr r.4nd pJFela»'r
5) is There Water In Channel During Dry 0 .5 11,1) 1.5
Conditions Or in Growinc Season)')
6) Are Iivdric Soils Present In Sides Of Channel (Or in Hendcut)? Yes=1.5 /1 it=0+)
SECONDARYIIYDROLOGYINDICel TORPOINTS:_, ,
tent Weak Modernte Strnn
? 5 1 I.5
31 Are A(lttaticTurtles Present? _ ?? r( 1 .5 1 1.5
4) Are Crayfish Present') .5 1 1.5
5) Are )viacrobenthns Present? tf. f .5 1 1.5
6) Are Iron Oxidizing Btcteri t/Ftmeus Presents u` rR 5 1 1.5
7) Is Filamentous Algae Present? 04 .5 1 1.5
8) Are Wetland Plants In Streambed? SAV L" Mos11y OUL Mostly FACW Mostly FAC Mostly FACU Mostly UPL
(-NOTE.- ijTotal Abseme OJAll Plants In Streambed 2 1 .75
- .5 0 0
41N rrd AM a Skip Ms pep trNTFUS4V PrexIt•).
SECONDAR Y BIOLOGY INDICA TOR POINIS:
l'-
TOTAL POINTS (Primary w Great
+,4econdarv)=_ er Than Or Equal Ib 10 Points The Stream Is At Least Intermittent)
EXHIBIT 6
l _1
tOtt ?
INTERMITTENT CHANNEL
EVALUATION FORM
ACTION ID
APPLICANT NAME -','VT %'?!/ .9/;(IS .-.I DATE IIIJ?`%.'.•
PROPOSED CHANNEL WORK (i.e., culvert. relocation. etc.)
WATERBODY/RIVER BASIN COUNTY/CITY G141?t'??
RECENT WEATHER CONDITIONS
P SP NP Observation Comments or Description
x Fish/Shellfish/Crustaceans Present
A Benthic Macro Invertebrates
Amphibians Prescnt/Brecding
Algae And/Or Fungus (water quality function)
Wildlife Channel Use (i.e. tracks, feces. shells. others)
Federally Protected Species Present (Discontinue)
Riffle/Pool Structure
Stable Strcambanks
Channel Substrate
(i.e. eravel. cobble. rock. coarse sand)
Riparian Canopy Present (SP -n 50% closure)
?V Undercut Banks/Instream Habitat Structure
X Flow In Channel
X Wetlands Adjacent To/Con6g. With Channel (Discontinue)
./ Persistent Pools/Saturated Bottom
(June throu¢h Scot)
X Sccps/Groundwater Discharge (June through Scpt.)
Adjacent Floodplain Present
X Wrack Material or Drift Lines
X I Hydrophytic Vegetation iniadjacent to channel
Important To Domestic Water Supply? Y
Does Channel Appear On A Quad Or Soils Map? Y ()N Approx. Drainage Area:
llllll/lllanllnlullalulluuuanluullaulanduuaulnllllllullllllllllllll!lalunllaluunluulllllllullllll/lullullullllluallllallu/lrllaullnrlrl/lllllullllrllllulllnlalllnllllllllan
Determination:
,s
Perennial Channel (stop) Important Channel: LF PROJECT MGR. Initials
Intermittent Channel (proceed) `(' Unimportant Channel: LF
Ephemeral Channel (no jd) (attach map indicating location of important/unimportant channel)
Ditch Through Upland (no jd)
Evaluator's Signature:
(if other than C.O.E. project manager)
llllllllllll/llllll/ll/lllllllllll/l/lllll/lllll/lll/llllllllllllllllllllll/llllllll/lllllll llllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll!llllllllll lllllllllll/l/llllll lllllll!llllllllllllllll llllll
P=Present SP=Stongly~Prae :t NP=Not Present 11/4198
t??,v.. ? Ult Ci1tr1 l..tifJJ111Ci1L1U11 rvr nt
ProectName:? ?,;.;t QiverBastm /(E%a County: E.7 "'u 1- c Evaluator.s It
? )
I r '
I Latitude: ?,Jt?r ?s)'1 Signan.:
DWQ Project Number. Nearest Named Stream: + 1
r ?r J
S.I +)7 7;% '? . ? Date: USGS QUAD:! MI.ongitude:bj` )t' 3Location/D¢ecnons: lfl .'tl ?,:
*PLEASE NOTE: Ifevabtater and landowner agree thatilie feature it a -man-made ditch, Aen use of this form is not necessary.
Also, if in the best professional)udgement of the evaluator, the feature is a man-made ditch and not a modified natural stream-Nis
rating system should not be used*
Primary Field Indicators: (cirrkoneNumber Perliw)
1. Genmorpholnry Absent Weak Moderate Strnne
1) Is There A Riffle-Pool Sequence? 0 /1 ) 2 3
2) Is The USDA Texture In Streambed-
Different From Stumundine Terrain? 0 I ?2) 3
3) Are Natural Levees Present? 1'0) 1 2. 3
4) Is The Channel Sinuous? -0 1 sP2a 3
5) Is There An Active (Or Relic)
9) Is A Continuous Bed & Bank Present? 0 -A 2
I •NOTE• I/Bed A Bank Caused Or Ditrhine And RM1011'rS'inoarin• Then ,score' 017
10) Is A 2" Order Or Greater Channel (As Indicated p41
On Tono MaD And/Or In Field) Present? Yes-3 Nr -0 /
PRIMARY GEOMORPHOLOGYINDICA TOR P01NTS:_j,
Secondary Field Indicators: (CurkOneNumberPerLine)
3) Does Topography Indicate A
Natural Drainace Way? 0 .5 1.S
SECONDARY GEOMORPIIOLOGYINDICATORPOINTS: j
If.Ilydrnloey Absent Wenk Moderate Strnne
1) Is This Year's (Or Last's) Leallitter
4) is Water In Channel And >48 His. Since 0 .5 r IJ 1.5
[ nit Known Rain? (*,yo m ifntch hdimtedln a9Abe,eS4(n nustmtd N3 MQ+?1
5) Is There Water In Channel During Dry .5 1 1.5
- I- Loll)
SECONDARY HYDROLOGY INDICATOR
4) Are Cmyfish Present? 0 +'.5 7 1 1.5
5) Are hiacrohenthos Present? n, 75 1 1.5
6) Are Iron Oxidizine DicterialFunetu Present? 1
7) Is Filamentous Algae Present? 0 5 1 1.5
8) Are Weiland Plants In Streambed'l SAV Mostly OHL Mosily FACW Mostly FAC Mostly FACU Mostly UPL
I• NOTE. If Total Absence byAll Flans In Sireambed 2 1 .75 .5 0 0
As N re I4h+ •r V;, Th', 4tn rtVLF_CS3l V Prexm'1.
SECONDARY BIOLOGY INDICATOR POINMIzI3
TOTAL POINTS (Primary +Secondary)=_(IfGreater Than Or Equal to 10 Points The Stream Is At Least Intermittent)
If. Hydr-Moey Absent Wenk NInderate Ctrnnp
1) Is There A Groundwater ,c?_
Flow/Discharce Present? / 0 ) 1 2 3
PRIAIARYHYDROLOGYINDICA TOR POINTS:
EXHIBIT 7
U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 200220664 County: Guilford
Notification of Jurisdictional Determination
Property owner: NCDOT/Rail Division/McLeansville Siding
Attn: Mr. Marc Hamel
1553 Mail Service Center
Raleigh, North Carolina 27699-1553
Telephone Number: (919) 508-1926
Size and Location of Property (waterbody, Highway name/number, town, etc.): McLeansville
Siding within a 2.2 mile corridor on the west and east side of McLeansville Road in
McLeansville, North Carolina. The property is located adjacent to, and above the headwaters of,
unnamed tributaries to Little Creek.
Indicate which of the following apply:
* There are wetlands on the above described property which we strongly suggest should be
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 employ a consultant to obtain a more timely delineation of the wetlands. Once
your 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 wetlands on your lot have been delineated, and the limits of 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 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
Jean B. Manuele at (919) 876-8441, Extension 24
Project Manager Signature:1111 .-..??
Date: 14 March 2002 ??ll Expiration Date: 14 March 2007
SURVEY PLAT OR FIELD SKETCH OF DESCRIBED PROPERTY AND THE
WETLAND DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE)
COPY OF THIS FORM.
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