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HomeMy WebLinkAbout20061507 Ver 1_Complete File_20061017 c ?? ?:\i North Carolina Wildlife Resources Commission KJ Richard B. Hamilton, Executive Director MEMORANDUM TO: John Thomas, Permit Coordinator Raleigh Office, U.S. Army Corps of Engineers FROM: Ron Linville, Regional Coordinator Habitat Conservation Program DATE: September 20, 2006 SUBJECT: Review of an application by North Carolina Department of Transportation (NCDOT), Yadkin Valley Railroad Switching Station, Unnamed Tributaries Yadkin River, Surry County NCDOT is requesting a letter of concurrence from the North Carolina Wildlife Resources Commission (NCWRC) to obtain a 404 permit from the U.S. Army Corps of Engineers. The NCWRC has reviewed information provided by the applicant, and field biologists on our staff are familiar with habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project is to replace existing CMPs in order to provide a new switching station to alleviate congestion issues in the Town of Elkin. The project will extend a 95'x24" CMP to a 155'x36" CMP and extend a 51'x24" CMP to a 72'x36" CMP for a total of 196 linear feet of impacts. Miscellaneous riprap will be used for stabilization. Warm water fisheries are known for the Yadkin River. Based on the information provided by the applicant and our knowledge of the project area, we will not object to the project. We recommend that NCDOT or the Yadkin Valley Railroad contact the NC Division of Water Quality to discuss provision of stormwater management Best Management Practices (BMP) to avoid secondary impacts from petroleum products typically used for railroad operations. Low Impact Development (LID) techniques are routinely encouraged for developments by this office for stormwater management. Information on LID measures and practices may be found at ,vxvw.lowimpactdevelopment.or . Thank you for the opportunity to review and comment on this project. If you have any questions regarding these comments, please contact me at 336/769-9453. E-copy: Sue Homewood, DWQ-WSRO Heath Slaughter, NCDOT Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721 Telephone: (919) 707-0220 - Fax: (919) 707-0028 OF WATER 14 o? OG r O 'C Michael F. Easley, Gov( William G. Ross Jr., Secret North Carolina Department of Environment and Natural Rese Alan W. Klimek, P.E. Di, Division of Water Qu- October 17, ?i Alleghany Co, DWQ Project No. 06-1 Yadkin Valley Railroad Switching Stt? APPROVAL of 401 Water Quality Certification Mr. Todd Burchette, General Manager Yadkin Valley Railroad Post Office Box 1218 Rural Hall, North Carolina 27045 Dear Mr. Burchette: C C?C?OdC? p D O C T 2 0 2006 WETLANDS MID TTORMWATER ffW0 You have our approval, in accordance with the attached conditions and those listed below, to incur the following imph is in order to construct a new railroad switching station located just outside of Elkin adjacent to the Yadkin River in Si .y County. • 128 linear feet of impacts to an unnamed tributary to the Yadkin River (perennial stream) at station 28+96 (60 feet of piping impacts, 20 feet of riprap and 28 feet of channel deletion due to relocation); > • 202 linear feet of impacts to an unnamed tributary . to the Yadkin River (intermittent stream) at station 35+91 (21 feet of piping impacts, 20 feet of riprap, and 161 feet of channel deletion due to relocation); • 0.084 acres of wetland impacts at station 35+00 (Rt); and • a total of 0.007 acres of temporary dewatering impacts at both stream impact locations. The project shall be constructed in accordance with your application dated September 14, 2006. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Nos. 3404 and 3366, corresponding to the U.S. Army Corps of Engineers Nationwide Permit Numbers 14 and 33 respectively. 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 federal permit. This condition supersedes, condition No. 19 in the General Certification 3404 and condition No. 12 in the General Certification 3366. 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 Division of Water Quality (Division) and submit a new application. If the property is sold, the new owner must be given a copy of this approval letter and certifications, 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 if 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 and any additional conditions listed below. 1. On site mitigation will be conducted as follows: ¦ 27 feet of channel relocation/restoration downstream of the pipe at station 28+96; ¦ 9 feet of channel relocation/restoration upstream of the pipe at station 35+91; and ¦ 118 feet of channel relocation/restoration downstream of the pipe at station 35+91. ON Caro N a atur )? North Carolina Division of Water Quality 585 Waughtown Street Phone (336) 771-5000 Customer Service Intemet: www.ncwaterquality.org Winston-Salem, NC 27107 FAX (336) 771-4630 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper October 17, 2006 DWQ# 06-1507 Page 2 2. Erosion and sediment control practices must be in full compliance with all specifications governing the pr, design, installation and operation and maintenance of such Best Management Practices in order to protect sur waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Coi Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures mu: such that they equal, or exceed, the requirements specified in the most recent version of the North Car( Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, boi sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated witl project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, maintained in accordance with the most recent version of the North. Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply wiih the reclamation in accordance witl requirements of the Sedimentation Pollution Control Act. 3. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with permit without appropriate modification. Should waste or borrow sites be located in wetlands or stre compensatory mitigation will be required since that is a direct impact from road construction activities. 4. Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum e: practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, shall be removed and the natural grade restored within six months of the completion of the project. 5. Native riparian vegetation must be reestablished within the construction limits of the project by the end o growing season following completion of construction. 6. Stormwater should be directed to vegetated buffer areas, grass lined ditches or other means appropriate to thi for the purpose of pre-treating stormwater runoff, and must not be routed directly into streams. Mowir existing vegetated buffers is strongly discouraged, so that they may be utilized for stormwater sheet flow. 7. Placement of culverts and other structures in waters, streams, and wetlands shall be placed below the elevati, the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the ct diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic Design and placement of culverts and other structures including temporary erosion control measures shall n conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks, adjacent upstream and down stream of the above structures. The applicant is required to provide evidence tha equilibrium is being maintained if requested in writing by DWQ. If this condition is unable to be met d bedrock or other limiting features encountered during construction, please contact the DWQ for guidance on to proceed and to determine whether or not a permit modification will be required. 8. All work in or adjacent to stream waters shall be conducted in a dry work area. Appropriate BMP measures such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavati flowing water. 9. The dimension, pattern and profile of the stream above and below the crossing should not be mod Disturbed floodplains and streams should be restored to natural geomorphic conditions. 10. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for si stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. 11. If concrete is used during construction, a dry work area should be maintained to prevent direct contact betwe( curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharg surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 12. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S. protected riparian buffers. -.. .--- --l- October 17, 2006 DWQ# 06-1507 Page 3 13. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream. 14. 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. 15. 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. Temporary dewatering sites must be restored to preexisting conditions unless more natural geomorphic conditions can be provided. 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 18. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law. If DWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification. 19. Upon completion of the project, the Permittee 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. 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, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Sue Homewood at 336-771-4964 or at Sue.Homewood@ncmail.net. Sincerely, 01 Alan W. Klimek, P.E. Attachment cc: John Thomas, USACE Raleigh Field Office Heath Slaughter, NCDOT Division 11, Division Environmental Officer DWQ Wetlands/401 Transportation Unit DWQ Winston Salem Regional Office DWQ Central Files October 17, 2006 DWQ# 06-1507 Page 4 DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 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 1, , 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: Engineer's Certification Date: Partial Final 1, , 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 Registration No. Date er suar r STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION w11`'TE.?? MICHAEL F. EASLEY P. O. Box 25201, Raleigh, NC 2761 1-5202 LYNDO TIPPET GOVERNOR PHONE: 919-733-2520 SECRETARY SFP ?? N?SANll ?q September 14, 2006 Mr. John Thomas U. S. Army Corps of Engineers Raleigh Regulatory Field Office 6508 Falls of Neuse Road, Suite 120 Raleigh, NC 27615 Subject: Nationwide Permit 414 & 433 Yadkin Valley Railroad Switching Station Surry County, North Carolina Project Number: 40839 (DWQ Permit Fee: $475) Dear Mr. Thomas: Hugh Chatham Bridge over the Yadkin River in Elkin was closed several months ago due to structural deficiencies. Since that time, all traffic traveling between Elkin and Jonesville must travel on the only remaining operational bridge over the Yadkin River in the downtown area. This has naturally increased congestion in the area at certain times during the day. Complicating matters is the presence of an at grade rail crossing with an attached switching station located just north of the open bridge in downtown Elkin. In order to reduce traffic congestion due to train activity at the switching station, the NCDOT will provide funding necessary for the Yadkin Valley Railroad to construct a new switching station east of Elkin near SR 1141. Two additional tracks will be installed parallel to the existing single line for a total project length of approximately 2723 feet. NCDOT will pay any necessary mitigation costs and is obviously assisting with the permit application. However, Yadkin Valley Railroad is the owner and operator of this facility and they or their contractor will be constructing this expansion. Therefore, please issue the 404 and 401 permits to Mr. Todd Burchette, General Manager, Yadkin Valley Railroad at P.O. Box 1218 in Rural Hall, NC 27045 with a copy sent to me. This project will require the replacement of two (2) wet pipes and 0.084 acres of wetland fill as shown below: P. O. Box 250, N. WILKESBORO. NC 28659 PHONE (336) 667-9111 FAX (336) 6674549 Mr. John Thomas Yadkin Valley Railroad Switching Station, Surry Page 2 September 14, 2006 Riprap Impacts Total Station Existing Proposed on streambank Relocated Eliminated Impacts at Number Pipe Size Pipe Size if necessary Stream Stream this Station (feet) (feet) (feet) (ft.) 95'x 24" 155' x 36" 28+96* CMP CMP 20 27 41 121 51'x 24" 72'x 36" 35+91* CMP CMP 20 127 34 75 Tota l Stream Impacts = 196 feet * In order to keep the existing track operational while the switching station construction is underway, the new pipes will have to be bored and jacked under the rail line from the eastern side of the tracks. The old wet pipes will be filled with flowable fill. Riprap will be placed on the slope above and around the wet pipe inlets and outlets. No headwalls will be needed. Wetland Im pact Summa Sheet Station No. Impact Acres 35+00 Rt. 0.084 Fill Total Imp act = 0.084 Acres Construction Sequence at station 28+96 • Install impervious sandbag dike in stream approximately 15 feet from the existing pipe outlet to create a small pool. Clean water will either be temporarily pumped around the construction area and discharged downstream of the stream relocation tie in point with the existing channel or the creek will be temporarily piped from the dike to downstream of the above noted tie in point. Any dirty water located inside of the construction area will be pumped into a silt bag. • Bore and jack the new pipe under the rail line leaving an earth plug between the new pipe inlet and the existing stream channel on the west side of the tracks so that stream flow is maintained in the old pipe. • Remove bore and jack equipment and construct new stream relocation on east side of tracks as per plans. Seed and mat the new streambanks. • Remove earth plug on the west side of the tracks and place the soil in the soon to be abandoned stream channel immediately south of the new pipe inlet so that water now flows through the new pipe. • Fill in old pipe with flowable fill. • Fill in remainder of abandoned stream channel on both sides of the tracks, install any appropriate erosion control devices such as silt fence parallel to the new stream relocation and seed and mulch all unvegetated areas. • Proceed with track expansion. Mr. John Thomas Yadkin Valley Railroad Switching Station, Surry Page 3 September 14, 2006 Construction Sequence at station 35+91 • Construct stream relocation on the east side of the tracks as per plans. Seed and mat the new streambanks. • Install impervious sandbag dike in stream approximately 15 feet from the existing pipe outlet to create a small pool. Clean water will temporarily be pumped around the construction area and will be discharged onto a temporary riprap pad placed in the newly constructed stream relocation to avoid scour at this location from surging water. • Bore and jack the new pipe under the rail line leaving an earth plug between the new pipe inlet and the existing stream channel on the west side of the tracks so that stream flow is maintained in the old pipe. • Remove bore and jack equipment and repair any disturbed area of the new stream relocation on the east side of tracks the as per plans. • Remove earth plug on the west side of the tracks and place the soil in the short soon to be abandoned stream channel immediately south of the new pipe inlet so that water now flows through the new pipe. Seed and mat the disturbed streambanks. • Remove temporary riprap pad in new stream relocation on the east side of the tracks. • Fill in old pipe with flowable fill. • Fill in remainder of abandoned stream channel on both sides of the tracks, install any appropriate erosion control devices such as silt fence parallel to the new stream relocation and seed and mulch all unvegetated areas. • Proceed with track expansion. Construction of this project will require impacts to waters of the United States in the Yadkin River Basin. The above noted wet pipes carry different unnamed tributaries to the Yadkin River (Class: Q. This project was reviewed for the presence of threatened and endangered species on July 20, 2006. This project will have no effect on any federally listed endangered plant or animal species. Historic compliance work will be scheduled and concurrence with the State Historic Preservation Office will be obtained if required. The proposed project should not remove or degrade existing water quality uses. Pipe sizes used will be the minimum necessary to construct the new switching station. All appropriate BMPs will be used during construction. Attached is a Preconstruction Notification Form, plan sheets of the permitted areas, a marked county map, a marked topography map and photographs. By copy of this letter, it is requested that Mr. Ron Linville, Mountain Region Coordinator, with the North Carolina Wildlife Resources Commission comment directly to you concerning the 404 Nationwide Permit application with a copy sent to Mr. Todd Burchette, General Manager, Yadkin Valley Railroad and to me. Mr. John Thomas Yadkin Valley Railroad Switching Station, Surry Page 4 September 14, 2006 By copy of this letter, I am forwarding seven (7) copies of this application package to John Hennessy, NCDENR, Division of Water Quality, 401/Wetlands Unit, for his review. It is requested that any comments related to the 401 certification be forwarded directly to Mr. Todd Burchette, General Manager, Yadkin Valley Railroad with a copy sent to the US Army Corps of Engineers and to me. If further information is required, please let me know. Your early review and consideration will be appreciated. Sincerely, Heath Slaughter Division 11 Environmental Officer Enclosures cc: John Thomas, US Army Corps of Engineers (1 additional copy) Ron Linville, Western Piedmont Region Coordinator, NCWRC John Hennessy, Division of Water Quality (7 copies) Sue Homewood, Division of Water Quality Mike Pettyjohn, PE, Division Engineer Brandon Whitaker, PE, District Engineer Heath Slaughter, Division Environmental Officer Neil Trivette, Roadside Environmental Field Operations Engineer Danny Gilbert, Rail Safety Consultants Todd Burchette, Yadkin Valley Railroad Jason Orthner, PE, NCDOT Rail Division Office Use Only: 2 0 0 6 1 5 rGl 1" asion 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. I. 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: NW #14 & #33 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: Yadkin Valley Railroad Todd Burchette, General Manager Mailing Address: P. O. Box 1218, Rural Hall, NC 27045 Telephone Number: (336) 969-6055 Fax Number: E-mail Address: YVRR(aatriad.rr.com 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: Heath Slauuhter, NCDOT Division_ 1.1 Environmental Officer Company Affiliation: North Carolina Department of Transportation Mailing Address: P. O. Box 250, North Wilkesboro, NC 28659 Telephone Number: (336) 903-9202 Fax Number: (336) 667-4549 E-mail Address: hslaughter(2adot.state.nc.us 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: Yadkin Valley Railroad Switching Station 2. T.I.P. Project Number (NCDOT Only): WBS4 40839 3. Property Identification Number (Tax PIN): 4. Location County: Surry Nearest Town: Elkin Subdivision name (include phase/lot number): N/A Directions to site (include road numbers, landmarks, etc.): See attached SR map. 5. Site coordinates, if available (UTM or Lat/Long): DD: 36.26361'N, 80.78146°W (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: Railroad 7. Property size (acres): Approximately 4 acres. 8. Nearest body of water (stream/river/sound/ocean/lake): UTs to Yadkin River (Class: C). 9. River Basin: Yadkin (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/naps/.) Page 4 of 12 10. Describe the purpose of the proposed work: Construct new rail switching station. 11. List the type of equipment to be used to construct the project: Trackhoe/backhoe, dump trucks and bore and jack equipment 12. Describe the land use in the vicinity of this project: Rail/farm/industrial 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. N/A 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: N/A VI. Proposed Impacts to Waters of the United Statcs/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 mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. Page 5 of 12 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*** 35+00 (Rt.) Fill 0.084 yes 0 Ephemeral * 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 tloodplains 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 htlp //w??w.fema.gov. *** 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: 0.084 Acres Total area of wetland impact proposed: 0.084 Acres 2. Stream Impacts, including all intermittent and perennial streams Stream Impact Site Number (indicate on map) Type of Impact* Length of Impact (linear feet) Stream Name** Average Width of Stream Before Impact Perennial or intermittent? (please specify) Station No. 28+96 Pipe Replacement 101 feet UT #1 to Yadkin River 2 feet Perennial Station No. 35+91 Pipe Replacement 55 feet UT #2 to Yadkin River 2 feet Intermittent * 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 are available through the USGS at 1-800-358-9616, or online at www.usgs.rov. Several Internet sites also allow direct download and printing of USGS maps (e.g., \ti\\u•.IOPoZOnc.coin, wA»v.mamitiest_coin. etc.). Cumulative impacts (linear distance in feet) to all streams on site: 196 linear feet including riprap. Page 6 of 12 3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any other Water of the U.S. Open Water Impact Area of Name Wat Type of Waterbody Site Number Type of Impact* Impact ) (if applicable) (lake, pond, estuary, sound, indicate on ma) acres bay, ocean, etc. 28+96 Temporary Dewatering 0.004 UT # I to Yadkin River Stream 35+91 Temporary Dewatering 0.003 UT # 2 to Yadkin River Stream 40 Miscellaneous rip-rap linear Stations placement for feet or UTs to Yadkin River Streams 28+96 & 35+91 stabilization 0.002 acres • List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging, flooding, drainage, bulkheads, ctc. 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.): N/A Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): 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. Since this is an existine railroad, the stream impacts cannot be avoided while constructinv this project. However, the replacement pipe lengths will be the minimum needed to safely construct the new switching station. All appropriate BMPs will be used during; construction. Page 7 of 12 V11I. 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.nc.us/ncwetIands/strin_gide.htm]. 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. EEP 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 http://h2o.cnr.statc.nc.ugw!phndex.litm. 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): To be determined by COE Amount of buffer mitigation requested (square feet): N/A Amount of Riparian wetland mitigation requested (acres): 0.084 Amount of Non-riparian wetland mitigation requested (acres): N/A Amount of Coastal wetland mitigation requested (acres): N/A IX. Environmental Documentation (DWQ Only) Does the project involve an expenditure of public funds or the use of public (federaUstate/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. Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233 (Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes El No ® If you answered "yes", provide the following information: Page 9 of 12 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 icct perpendicular from near hank of channel; Lone 2 extends an additional 20 feet from the edge of Zone I. 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 213.0242 or.0260. N/A 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. Impervious surface area will increase by 1.9 linear acres. All appropriate best management practices for sediment and erosion control will be implemented during construction. 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. XIII. 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 permit application? Yes ? No Page 10 of 12 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). /V/O Applicant/Agent's SignV!Z'?nly Date (Agent's signature is va 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 Post Office Box 1890 Brunswick Hoke Richmond Wilmington, NC 28402-1890 Carteret Montgomery Robeson Telephone: (910) 251-4511 Columbus Moore Sampson Fax: (910) 251-4025 Cumberland New Hanover Scotland Pitt Tyrrell Washington Wayne Union Watauga Yancey Wilson Yadkin 'Croatan National Forest Only Page 11 of 12 \ - - ?--? 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C) / m n y p g y; 'Ip? i y -4 m -4 -to 0 a 06 a ?mZK?a ro l7 ...1 < m i a Uizaal O ' v ?p?W ;m a m Ln x " Z .n °e O R v a Z Z '+ }oa \N<no ?as my . r . r' co _?? ' o °? t ! ! ! I - - X TN ? r ? f?a - __ y 0 I \ 1?., ?w s In - FENCE w ?1 - ?_ Fri UAA TRACK ti 1.4 $tr c R«ocotlon I .70 zp?m MN y?OSEO 65'R/w f , „ ,K c7 o?v?-1 ~O mmo n \V o -F ?nOZ r <'ri '• mm'U -I<Z? -n 03 'V1 ncn m f- a '1 V?1 ??C ?' ail-F ?C?t,IC] N A G `p op0 N?Q OONZ !O ;a w n T ,% Nmm map ?r ,m $a n r- -Tino IA m m JR, Zm 1Toa ? ° 11Z _ c n Q1 ?-r mWpo O ,,ooz cp -o-4 _3 n o N .y fl 1*? > mA N m r oar_rno -"m '^ O 717 x LA '. Op : r,) FA rv JO.- y Np . WC1r m OLmy=2 wmlw p m Lino m x LA z a m a A p 'n D A -1 'MO F "1 N o oh== O O mA ]x C N ""4 O ? ,^ m U p a 5 Q :0 r+ fa 5 ".4 mz-+o 9 x ` ? g} L c? u v g DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Railroad switching station WETLAND SHEET Date: 319/06 Applicant / Owner: Railroad/NCDOT County: Surrv Investigator: Heath Slaughter State: NC Do normal circumstances exist on the site? Yes X No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Transect ID: Is the area a potential problem area? Yes No x Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effuses herb FACW+ 9. 2. Alnus sernflata shrub FACW 10. 3. Corpus amomum shnib FACW+ 11. 4. Rubus spp. herb 12. 5. Carcx spp. herb 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100% Remarks: HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge _ Aerial Photographs Primary Indicators: _ Other x Inundated x Saturated in Upper 12" X No Recorded Data Available x Water Marks x Drift Lines Field Observations: Sediment Deposits x Drainage Patterns in Wetlands Depth of Surface Water: 8 (in.) Secondary Indicators: x Oxidized Roots Channels in Upper 12" Depth to Free Water in Pit: 0 (in.) x Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil 0 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Colvard fine sandy loam Drainage Class: well-drained Taxonomy (Subgroup): Mcsic t pic Udi(luvents Confirm Mapped Type? Yes No x Profile Descrintion: Depth (inches) Horizon 0-12 A _ Histosol Histic Epipedon Matrix Colors (Munsell Moist) Glee 5/IOGY Hydric Soil Indicators: Soils Mottle Colors (Munsell Moist) ]OR -t/K _ Sulfidic Odor - Aquic Moisture Regime Reducing Conditions Gleyed or Low-Chroma Colors Remarks: Mottle Texture, Concretions, Abundance/Contrast structure, etc. Abundant Loam Concretions _ High Organic Content in Surface Layer in Sandy Organic Streaking in Sandy Soils Listed On Local Hydric Soils List Listed on National Hydric Soils List Other (Explain in Remarks) WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes x No Is the Sampling Point Wetland Hydrology Present? Yes \ No Within a Wetland? Yes x No Hydric Soils Present? Yes x No Remarks: This is a linear waland at the toe of the railroad rill. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project / Site: Railroad switching station UPLAND SHEET Date: 3/9/06 Applicant / Owner: Railroad/NCDOT County: Surrv Investigator: Heath Slaughter State: NC Do normal circumstances exist on the site? Yes x No Community ID: Is the site significantly disturbed (Atypical situation)? Yes No x Transect ID: Is the area a potential problem area? Yes No x Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Festuca spp. herb 9. 2. 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 0% Remarks: HYDROLOGY _ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: _ Other _ Inundated -Saturated in Upper 12" X No Recorded Data Available Water Marks _ Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators: Depth to Free Water in Pit: >12 (in.) Oxidized Roots Channels in Upper 12" _ Water-Stained Leaves _ Local Soil Survey Data Depth to Saturated Soil: >12 (in.) FAC-Neutral Test _ Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Colvard fine sandv loam Drainage Class: well-drained Taxonomy (Subgroup): Mesic tsic Udifluvents Confirm Mapped Type? Yes N No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, finches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 A 7.5 YR 4/6 none N/A Loam Histosol Histic Epipedon Hydric Soil Indicators: Soils Sulfidic Odor Aquic Moisture Regime _ Reducing Conditions Gleyed or Low-Chroma Colors Remarks: _ Concretions High Organic Content in Surface Layer in Sandy Organic Streaking in Sandy Soils Listed On Local Hydric Soils List Listed on National Hydric Soils List _ Other (Explain in Remarks) WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No N Is the Sampling Point Wetland Hydrology Present? Yes No N Within a Wetland? Yes_ No x Hydric Soils Present? Yes No N Remarks: .r C 3or- y ? „? a rt gr} 1? 'lc ( jq7/ I ° , ? r\+ j )+0 0? r •?ar*-I ' . In ')og JOF{ i, 4 -; ?+: .+sroD 'J .! {'74 .i. _ >•b. ?: / 1?r ,I'')? Fill -•45.Z is J 1 {?? 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County Name of evaluat Wetland Location on pond or lake on perennial stream ? on intermittent stream ,xithin interstream divide other oc ;nf / r J, ICk Soil series (Je\';( a C predominantly organic - humus,_mucl:, ?r peat ? predominantly mineral - non-sandy predominantly sandy Flooding and wetness Hydraulic factors steep topography ditched or channelized total wetland width Z 100 feet etland Adjacent land use (within 1/2 mile upstream, upslope, or radius) forested/natural vegetation '6' % agriculture, urban/suburban 3`!- % _L/ impervious surface I % Dominant vegetation (1) 1,12v.-c-S e ?t vs u S (2) /?lvyvs cA- a. (3) ???? aYV?omvr? semipermanently to permanently flooded or inundated seasonally flooded or inundated intermittanly flooded or temporary surface water no evidence of flooding or surface water A T I N G Wetland type (select one)* Bottomland hardwood forest Pine savanna Headwater forest Freshwater marsh Swamp forest Bog/fen Wet flat Ephemeral wetland Pocosin Carolina Bay Bog forest Other *the rating system cannot be applied to salt-or brackish marshes or stream channels ---------- - - - - - - - ----------------- wcight R Water storage a x 4.00 = Bank/Shoreline stabilization x 4.00 = Pollutant removal L * x 5.00 = Wildlife habitat I x 2.00 = Aquatic life value x 4.00 = Recreation/Education b x 1.00 = o Nearest Road SR kl 4 1 O 8 D ? acres Wetland Width ` /0 feet Date 011o 1O *Add 1 point if in sensitive watershed and >10% nonpoint disturbance within 1/2 mile upstream, ' ----------- ----- u slo e, or radius -- ------------ --------------------- ------