HomeMy WebLinkAbout20110582 Ver 2_401 Application_20120112January 18, 2012
John Thomas
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
North Carolina Division of Water Quality k
401 Oversight and Express Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699 -1650
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JAN 9 201?
ItrlO A � STORMWA ER B
RANCH
RE: JT Russell Ethanol Transfer Facility
Nationwide Permit No. 39 (Action ID. 200902142) and Water Quality Certification No. 3821 (DWQ#
11.0582) Modification
Davidson County, North Carolina
Mr. Thomas,
HDR Engineering, Inc. of the Carolinas (HDR), on behalf of Chambers Engineering PA, is requesting a
modification of the issued Nationwide Permit (NWP) No. 39 (Action ID 200902142, dated 6/23/2011) and
approved Water Quality Certification (WQC) No. 3821 (DWQ# 11 -0582, dated 10/13/2011) for a proposed
ethanol transfer facility (Facility) in Davidson County, North Carolina.
Chambers Engineering proposes to extend 1,200 feet of lead track that will connect the main line track with the
proposed yard facility. CSX Railroad has requested the design modification as the original design track turnout
posed a possible safety concern due to space constraints east of the existing main line. Installation of a lead
track along the west side of the existing main line curve would require extending an existing 4' x 6' concrete
box culvert on an unnamed tributary to Lick Creek 24 linear feet (If). A temporary stream crossing will be
installed (to allow for equipment access away from the active rail track), resulting in approximately 10 If of
temporary impact. The temporary stream crossing will be returned to pre - construction contours and stream
banks within the impact zone will be graded, seeded and erosion control matting placed.
Table 1. Impacts to Jurisdictional Waters
Jurisdictional.Feature
..
UT to Lick Creek
4' x 6' Box Culvert Extension
24
-
Temporary Stream Crossing
-
10
Total:
24
10
HDR Engineering, Inc. of the Carolinas
440 S Church Street Phone: (704) 338-6700
Suite 1000 Fax: (704) 338-6760
Charlotte, NC 28202 -1919 www.hdrinc.com
The issued NWP 39 and WQC No. 3821 approved approximately 232 If of permanent impacts associated with
the installation of a culvert, drainage structures, and rip rap apron. The initial survey and plan sheet illustrated
sinuosity along the centerline of the stream channel resulting in impacts of 232 If. The initial surrey was based
off of aerial photography (with some of this area being obscured) and erroneously over estimated the length of
the LIT to Lick Creek. The as -built survey of the installed culvert and updated survey of stream centerline
depicts a straighter channel resulting in approximately 207 If of permanent stream impact resulting in a 25 If
reduction of impact (see attached impact drawing). Chambers Engineering would like to utilize the 25 If
overpayment to NCEEP to mitigate for the proposed box culvert extension.
The issued NWP No. 39 (Action ID 200902142), approved WQC 3821 (DWQ# 11- 0582), revised plans, and
details are enclosed. Thank you in advance for your assistance. Please contact me at (704) 973 -6878 or
eric.mularskiOhdrinc.com if you have any questions or require additional information.
Sincerely,
�G
Eric Mularski, P.W.S.
Environmental Scientist
Cc. Mr. Stephen G. Chambers, Chambers Engineering, PA
Mr. Glendon Fetterolf, HDR Project Manager
Mr. Ronald Geiger, HDR Project Manager
HDR Engineering, Inc. of the Carolinas Page 2 of 2
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Pre - Construction Notification PCN Form
A. Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1 b. Specify Nationwide Permit (NW P) number: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
FF1 Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
® Yes
❑ No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
JT Russell Ethanol Transfer Facility
2b. County:
Davidson
2c.
Nearest municipality / town:
Healing Springs
2d. Subdivision name:
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
(see attached)
3b.
Deed Book and Page No.
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
3e.
City, state, zip:
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version
4.
Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b.
Name:
Stephen G. Chambers
4c.
Business name
(if applicable):
Chambers Engineering, PA
4d. Street address:
129 N. First Street
4e. City, state, zip:
Albemarle, NC 28001
4f.
Telephone no.:
(704) 984 -6427
4g.
Fax no.:
(704) 984 -6428
4h.
Email address:
schambers @ce- pa.com
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Eric Mularski
5b.
Business name
(if applicable):
HDR Engineering, Inc. of the Carolinas
5c.
Street address:
440 South Church Street, Suite 1000
5d. City, state, zip:
Charlotte, NC 28202 -1919
5e. Telephone no.:
(704) 973 -6878
5f.
Fax no.:
(704) 338 -6760
5g.
Email address:
eric.mularski @hdrinc.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
CSX right -of -way
1 b. Site coordinates (in decimal degrees):
Latitude: 35.611 Longitude: - 80.184
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
unnamed tributary to Lick Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS -IV
2c. River basin:
Yadkin -Pee Dee (DWQ Sub basin 03- 07 -08)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
According to the land cover and land use classification adopted by North Carolina, the project and surrounding properties
are classified as managed herbaceous cover, mixed upland hardwoods, and cultivated land. Recent aerial imagery
illustrate a light industrial area (JT Russel Facility) and scattered single family residences.
3b. List the total estimated acreage of all existing wetlands on the property:
No jurisdictional wetlands are present on the property.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
An unnamed tributary to Lick Creek accounts for approximately 500 linear feet (If) of perennial stream on the property.
3d. Explain the purpose of the proposed project:
Chambers Engineering proposes to extend 1,200 feet of lead track that will connect the main line track with the proposed
yard facility. CSX Railroad has requested the design modification as the original design track turnout posed as a possible
safety concern due to space constraints east of the existing main line.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project involves the extension of an existing 4'x 6' bottomless box culvert approximately 24 If in an
unnamed tributary to Lick Creek to accommodate the proposed lead track expansion. Standard excavating equipment will
be used.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ❑ No El Unknown
project (including all prior phases) in the past?
Comments: adjacent property received a JD with the NWP 39
4b. If the Corps made the jurisdictional determination, what type
El Preliminary Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company: HDR Engineering
Name (if known):
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
attached to the referenced NWP 39, dated 6/23/2011
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
A NWP 39 was obtained for the initial impacts of 232 linear feet of stream. This is a modification request for that same
NWP 39.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project? ❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temi)orary T
W 1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
4'x6' Box Culvert
UT to Lick Creek
® PER
❑ INT
® Corps
❑ DWQ
6
24
S2 ❑ P ® T
Stream Crossing
UT to Lick Creek
® PER
❑ INT
® Corps
❑ DWQ
6
10
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
® PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
34
3i. Comments: The proposed 4'x6' box culvert extension will result in approximately 24 If of permanent impacts.A temporary
stream crossing will result in approximately 10 If of temporary impact.
Page 5 of 12
PCN Form —Version 1.3 December 10, 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number - (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P
02 ❑P
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded I Filled I Excavated Flooded Filled I Excavated Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b. 6c. 6d.
Buffer impact
number - Reason
Permanent (P) or for
Temporary (T) impact
B1 ❑P ❑T
B2 ❑P ❑T
B3 ❑P ❑T
6i. Comments:
❑ Neuse ❑ Tar - Pamlico ❑ Other:
❑ Catawba ❑ Randleman
6e. I 6f. I 6g.
Buffer
Stream name mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Zone 1 impact Zone 2 impact
(square feet) (square feet)
Page 6 of 12
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
All practable alternatives were assessed to avoid jurisdictional waters to the U.S. The culvert extension was designed to the
minimum length necessary to accommodate the proposed lead track expansion.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fence, sediment traps, diversion ditches, and other sediment and erosion control measures will be employed as shown on
plans.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
® Yes ❑ No
2b. If yes, mitigation is required by (check all that apply):
® DWQ ® Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
®Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments: We are hereby requesting credit for the previously obtained and paid mitigation via EEP, as referenced in the
cover letter. The original request included 25 feet in the initial application that was not used, and this modification request is
for an additional 24 linear feet, to be offset by unused 25 feet.
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
46%
2b.
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
SEE ATTACHED
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
Davidson County
❑ Phase II
❑ NSW
3b.
Which of the following locally - implemented stormwater management programs
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
Page 9 of 12
PCN Form — Version 1.3 December 10, 2008 Version
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after - the -fact permit application?
❑ Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a. 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.
This project does not involve wastewater discharges.
Page 10 of 12
PCN Form — Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
,
® Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Obtained an updated list of federally protected species from the U.S. Fish and Wildlife Service (USFWS) website
( http: / /nc- es.fws.gov /es /countyfr.html) on May 16, 2011
North Carolina Natural Heritage Program (NCNHP) GIS coverages and database search.
Requested review and comment from the USFWS on any possible issues that might emerge with respect to federally
protected species (dated March 24, 2011).
Received concurrence letter from the USFWS, dated May 19, 2011
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Fisheries Essential Fish Habitat GIS coverage
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
State Historic Preservation Office (SHPO) National Register listed properties GIS coverage and database search.
Requested review and comment from SHPO on any possible issues that might emerge with respect to archaeological or
cultural resources (dated March 24, 2011).
Received concurrence letter from the SHPO, dated April 4, 2011
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: The project is located outside of the Non - Encroachment area, in
the floodplain fringe, will not impact BFE and therefore the CLOMR is not required. A CLOMR for the original site
improvements was obtained, therefore LOMR upon the Project completion shall include the floodplain amendment
evoked by this portion of the project.
8c. What source(s) did you use to make the floodplain determination? Flood Insurance Rate Maps, FIRM 3710664600E
Page 11 of 12
PCN Form — Version 1.3 December 10, 2008 Version
Eric Mularski
Applicant/AXn"rization ' ignature 1/18/2012
(Agent's signature is valid only if a letter from the applicant
Applicant/Agent's Printed Name is p.) Date
Page 12 of 12
PCN Form — Version 1.3 December 10, 2008 Version
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Figure 1
Chambers Engineering I JT Russell Intermodal Ethanol Transfer Facility I Nationwide Permit No. 39 Modification
OOriginal Grading Limits
O
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Expanded Grading Limits,-
1
- + � •_� �. 3', ' / 1. _ �i
NO
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tf ul
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1 1 in = 2,000 feet
n
Feet
0 1,000 2,000 4,000
I.
ONE COMPANY I Many Solutions
USGS High Rock Quadrangle
Figure 2
Chambers Engineering I JT Russell Intermodal Ethanol Transfer Facility I Nationwide Permit No. 39 Modification
National Wetland Inventory and Aerial Imagery
aqFigure 3
ONE COMPANY I Many Solutions
Chambers Engineering I JT Russell Intermodal Ethanol Transfer Facility I Nationwide Permit No. 39 Modification
NC DWO Stream Identification Form Version 4.11
Date: I(o I b I
Project/Site: �_kw 6
Latitude: 3`S is
Evaluator:
County: '9AQ5,0,k
Longitude:
Total Points:
Stream Determination (cir
Other
Stream is at least intermittent 3d
Ephemeral Intermitten erennial
e g Quad Name:
if a 19 or perennial if z 30`
2
3
A. Geomorphology Subtotal =
Absent
Weak
Moderate
Strong
1 a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In- channel structure: ex. riffle -pool, step -pool,
ripple-pool sequence
0
1
Q
3
4. Particle size of stream substrate
0
1
3
5. Active /relict floodplain
0
Yes 3
2
3
6. Depositional bars or benches
0
1
®
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
eliD
1 1.5
11. Second or greater order channel
No T07i
Yes = 3
a artificial ditches are not rated; see discussions in manual
R Hvrirnloriv (Suhtntal = q,6 1
12. Presence of Baseflow
0
1
3
13. Iron oxidizing bacteria
0
19. Rooted upland plants in streambed
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
Q
1.5
16. Organic debris lines or piles
0
0.5
1.5
17. Soil -based evidence of high water table?
No = 0
Yes 3
r.. Rinlnnv (Suhtntal = 11b )
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
CID
2
1
0
20. Macrobenthos (note diversity and abundance)
0
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
®
0.5
1
1.5
23. Crayfish
no
0.5
1
1.5
24. Amphibians
0
1
1.5
25. Algae
0.5
1
r 1.5
26. Wetland plants in streambed
I FACW = 0.75; OBL = 1.5 Other = 6
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
\
Clr ra 4 c
WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont
Project/Site: JT Russel Ethanol Transfer Facility City /County: Davidson Sampling Date 1/16/2012
Applicant/Owner. Davidson County State. NC Sampling Point DP1
Investigator(s)- Eric Mularski Section, Township, Range: N/A
Landform (hillslope, terrace, etc.), terrace Local relief (concave, convex, none): convex Slope ( %): 2
Subregion (LRR or MLRA) MLRA 136 of LRR P Lat: 35.61 Long: - 81.185 Datum
Soil Map Unit Name: BaD - Badin channery silt loam, 8 to 15% slopes NWI classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes `� No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes ✓ No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No
� Is the Sampled Area ✓
Hydnc Sod Present? Yes No within a Wetland? Yes No
Wetland Hydrology Present? Yes No
Remarks:
Upland data point. There is no evidence of jurisdictional wetland areas abutting or adjacent to the
unnamed tributary to Lick Creek.
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required, check all that aooly)
_ Surface Soil Cracks (B6)
Surface Water (Al)
_ True Aquatic Plants (1314)
_ Sparsely Vegetated Concave Surface (138)
High Water Table (A2)
_ Hydrogen Sulfide Odor (Cl)
— Drainage Patterns (610)
_ Saturation (A3)
_ Oxidized Rhizospheres on Living Roots (C3)
_ Moss Trim Lines (616)
_ Water Marks (B1)
_ Presence of Reduced Iron (C4)
_ Dry- Season Water Table (C2)
_ Sediment Deposits (B2)
_ Recent Iron Reduction in Tilled Soils (C6)
_ Crayfish Burrows (C8)
_ Drift Deposits (B3)
_ Thin Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (B4)
_ Other (Explain in Remarks)
_ Stunted or Stressed Plants (D1)
_ Iron Deposits (65)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (B7)
_ Shallow Aquitard (D3)
_ Water- Stained Leaves (139)
_ Microtopographic Relief (D4)
_ Aquatic Fauna (B13)
_ FAC- Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
Depth (inches):
Water Table Present? Yes No
Depth (inches):
'
Saturation Present? Yes No
Depth (inches):
Wetland Hydrology Present? Yes No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available.
Remarks -
No wetland hydrology indicators are present.
US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version
VEGETATION (Four Strata) — Use scientific names of plants.
Sampling Point: DP1
Remarks: (Include photo numbers here or on a separate sheet.)
Vegetation is dominated by herbaceous and vine species.
US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version
Absolute
Dominant Indicator
Dominance Test worksheet:
Tree Stratum (Plot size 30 -ft )
% Cover
Species? Status
Number of Dominant Species
1.
That Are OBL, FACW, or FAC: 3 (A)
2.
Total Number of Dominant
3.
Species Across All Strata: 6 (B)
4.
Percent of Dominant Species
5.
That Are OBL, FACW, or FAC. 50% (A /B)
6.
Prevalence Index worksheet:
7
Total % Cover of: Multiply by
8
= Total Cover
OBL species x 1 =
Sapling /Shrub Stratum (Plot size: 15 -ft
)
FACW species x 2 =
1 Rubus sp.
30
Yes NI
FAC species x 3 =
2 Ligustrum japonicum
10
Yes NI
FACU species x 4 =
3
UPL species x 5 =
4
Column Totals. (A) (B)
5.
Prevalence Index = B/A =
6
Hydrophytic Vegetation Indicators:
7
1 - Rapid Test for Hydrophytic Vegetation
8
2 - Dominance Test is >50%
9.
3 - Prevalence Index is 53.0'
10.
4 - Morphological Adaptations' (Provide supporting
5 -ft
40
= Total Cover
_
data in Remarks or on a separate sheet)
Herb Stratum (Plot size. )
Problematic Hydrophytic Vegetation' (Explain)
1 Andropogon virginicus
50
Yes FAC
—
2 Fescue
30
Yes NI
3 Microstegium vimineum
10
No FAC
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
4
Definitions of Four Vegetation Strata:
5.
6
Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
7.
height
8.
9•
Sapling /Shrub – Woody plants, excluding vines, less
than 3 in DBH and greater than 3.28 ft (1 m) tall.
10
Herb –All herbaceous (non- woody) plants, regardless
10
of size, and woody plants less than 3.28 ft tall
12.
90
= Total Cover
Woody vine – All woody vines greater than 3.28 ft in
Woody Vine Stratum (Plot size: 30 -ft
)
height
1 Toxicodendron radicans
20
Yes FAC
2 Lonicera japonica
20
Yes FAC
3.
4.
Hydrophytic
5
Vegetation
6.
Present? Yes No
40
= Total Cover
Remarks: (Include photo numbers here or on a separate sheet.)
Vegetation is dominated by herbaceous and vine species.
US Army Corps of Engineers Eastern Mountains and Piedmont – Interim Version
SOIL
Sampling Point: DP1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Tvoe Loc Texture Remarks
0 -4 7.5YR 5/4 100 Silt Loam
4 -16+ 7.5YR 5/5 100
'Type: C= Concentration, D= Depletion
Hydric Soil Indicators:
_ Histosol (Al)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
_ Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
Depleted Below Dark Surface (A11;
_ Thick Dark Surface (Al2)
Sandy Mucky Mineral (S1) (LRR N,
MLRA 147, 148)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
_ Stripped Matrix (S6)
Restrictive Layer (if observed):
Type
Depth (inches):
Silt Clay Loam
RM= Reduced Matrix, MS= Masked Sand Grains 2Location: PL =Pore Lining, M= Matrix.
Indicators for Problematic Hydric Sc
_ Dark Surface (S7)
Polyvalue Below Surface (S8) (MLRA 147, 148)
_ Thin Dark Surface (S9) (MLRA 147, 148)
Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
Redox Dark Surface (F6)
Depleted Dark Surface (F7)
_ Redox Depressions (F8)
Iron - Manganese Masses (F12) (LRR N,
MLRA 136)
Umbric Surface (F13) (MLRA 136, 122)
Piedmont Floodplain Soils (F19) (MLRA 148)
Remarks.
No hydric soil indicators are present.
_ 2 cm Muck (A10) (MLRA 147)
_ Coast Prairie Redox (A16)
(MLRA 147, 148)
_ Piedmont Floodplain Soils (1`19)
(MLRA 136, 147)
_ Red Parent Material (TF2)
Very Shallow Dark Surface (TF12)
_ Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No V
US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version
f al.
-IN E %,vivirni-4 1 1 - 1 a "y ju ullur— site i- notoQraws — J I KUsseII ttnanol I ranster race
Photograph #1 — Existing Box Culvert looking downstream
Photograph #2 - Photograph #1 — Existing Box Culvert looking upstream
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200902142 County: Davidson USGS Quad: Healing Springs
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: JT Russell Ethanol Transfer Facility / Stephen G. Chambers
Address: 129 N. First Street
Albemarle, North Carolina 28001
co
Telephone No.: 704 984 -6427
Size and location of property (water body, road name /number, town, etc.): Russell Intermodal industrial complex
located off of NC 8 adjacent to a tributary of Lick Creek, in Healing Springs, Davidson County, North Carolina.
Description of projects area and activity: New intermodal ethanol rail car unloading and storage facility at
existing JT Russell rail terminal construction as described in your construction plan included with your
application resulting in approximately 210 linear feet of stream channel impact to the jurisdictional waters of
Lick Creek.
Per your request of July 13, 2011, this verification is modified as defined by the plans included with your request to
include an additional 22 linear feet stream channel impacts to account for sinuosity of impacted stream channel
resulting in 232 linear feet of stream channel impacts assoicated with your proiect.
Special condition: In order to compensate for impacts to 232 linear feet of stream channel the permittee shall
make payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the amount determined by
the NCEEP, sufficient to perform the restoration of 232 linear feet of warm water stream channel in the Yadkin
River Basin, Cataloging Unit 03040103. Construction within jurisdictional areas on the property shall begin
only after the permittee has made full payment to the NCEEP and provided a copy of the payment
documentation to the Corps, and the NCEEP has provided written confirmation to the Corps that it agrees to
accept responsibility for the mitigation work required, in compliance with the NCEEP In -Lieu Fee Instrument,
approved by the United States Army Corps of Engineers, Wilmington District on July, 28, 2010.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2012. If, prior
to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain
valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the
nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve
months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised
oh, a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management.
Page 1 of 2
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals /permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact John Thomas Q'919 554 -4884 eyt. 25.
Corps Regulatory Official
Expiration Date of Verificatiq`n: 03/18/2012
Date: 06/23/2011
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,
please complete the attached customer Satisfaction Survey or visit hqp: / /www.saw.usace.army.mil /WETLANDS /index.htmi to
complete the survey online.
Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area.
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 331).
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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 waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(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.
❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Property has tributary to Lick Creek which flows to the Yadkin River and the Atlantic
Ocean.
This jurisdictional determination is only for the waters /wetlands proposed for impacts associated with this Nationwide Permit
and does not include any other waters /wetlands that may be located on the property.
Appeals Information (This information applies only to approved jurisdictional determinations.)
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional
determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA
form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jean Gibby, Project Manager,
Raleigh Regulatory Field Office
3331 Heritage Trade Driver, Suite 105
Wake Forest, North Carolina 27587
Page 2 of 2
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has be An received by the District Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must b re eived at the above address by August 23, 2011.
* *It is not necessary to submit an f fm to the Distr' t Office if yo do not object to the determination in this correspondence. **
Corps Regulatory Official:
Date 06/23/2011
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Mr. Eric Mularski, HDR Engineering, Inc. of the Carolinas, 440 South Church Street, Suite 1000, Charlotte, NC 28202-
1919
Page 3 of 2
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 13, 2011
DWQ# 11 -0582
Davidson County
Mr. Stephen Chambers
Chambers Engineering, PA
129 N. First St.
Albemarle, NC 28001
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Chambers:
You have our approval, in accordance with the attached conditions, to place fill and impact 232 linear feet of
jurisdictional streams to install fill for the J T Russell Ethanol Transfer Facility located in Healing Springs, NC in
Davidson County, as described in your application received by the Division on June 20, 2011 and additional
information received July 15, 2011, September 7, 2011 and September 19, 2011. After reviewing your application, we
have determined that this fill is covered by General Water Quality Certification Numbers 3821, which can be viewed on
our web site at http: / /112o.enr. state. ne. us/ ncwetlands/ rd_wetlands_certifications.htm. This Certification allows you to
use Nationwide Permit Number 39 when it is issued by the U.S Army Corps of Engineers. In addition, you should
secure any other applicable federal, state or local permits before you proceed with your project, including (but not
limited to) those required by Sediment and Erosion Control (including trout buffer waivers as necessary), Non -
Discharge, State Stormwater, and Water Supply Watershed regulations. Also, this approval will expire when the
accompanying 404 permits expire unless otherwise specified in the General Certification.
This approval is valid only for the purpose and desif,m that you have 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 fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional 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, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Stream sites
Stream
Impact length
S1
Unnamed tributary to Lick Creek
177 linear feet permanent impact
S2
Unnamed tributary to Lick Creek
55 linear feet permanent impact -
riprap apron
Total
232 linear feet permanent impact
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtovrn St. Winston-Salem, North Carolina 27107
Phone: 336 -771 -50001 FAX: 336 - 771-46301 Customer Service: 1-877-623-6748
Internet: mm.navaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarolina
Natlt ralllY
JT Russell Ethanol Transfer Facility
DWQ# 11 -0582
October 13, 2011
Page 2
2. Mitigation must be provided for the proposed impacts as specified in the table below. We understand that you
wish to make a payment to the Stream Restoration Fund administered by the NC Ecosystem Enhancement
Program (EEP) to meet this mitigation requirement. This has been determined by the DWQ to be a suitable
method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR -- Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall
occur. The EEP should be contacted at (919) 733 -5205 if you have any questions concerning payment into a
restoration fund. You have 60 days from the date of this approval to make this payment. For accounting
purposes, this Authorization Certificate authorizes payment into the Stream Restoration Fund to meet the
following compensatory mitigation requirement:
3. The final, written stormwater management plans as approved through as part of this application (including a
signed and notarized Operation and Maintenance Agreement) must be implemented, and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied at the
subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
4. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to
notify NCDWQ when all work included in the 401 Certification has been completed. This certificate should be
returned to the Winston -Salem Regional Office of the NCDWQ at the address listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudieatory 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. "Phis 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 in the DWQ Winston -Salem Regional Office at 336 - 771 -4964 or at
sue.homewood(o),ncdcringov.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Eric Mularski, HDR Engineering (via email)
Kelly Williams, EEP (via email)
DWQ Winston -Salem Regional Office
DWQ Wetlands /401
Compensatory Mitigation
Required
River and Sub -basin Number
Stream
232 feet
Yadkin 03040103
3. The final, written stormwater management plans as approved through as part of this application (including a
signed and notarized Operation and Maintenance Agreement) must be implemented, and the stormwater
management facilities shall be constructed and operational before any permanent building is occupied at the
subject site. The structural stormwater practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
4. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to
notify NCDWQ when all work included in the 401 Certification has been completed. This certificate should be
returned to the Winston -Salem Regional Office of the NCDWQ at the address listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudieatory 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. "Phis 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 in the DWQ Winston -Salem Regional Office at 336 - 771 -4964 or at
sue.homewood(o),ncdcringov.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Eric Mularski, HDR Engineering (via email)
Kelly Williams, EEP (via email)
DWQ Winston -Salem Regional Office
DWQ Wetlands /401
JT Russell Ethanol Transfer Facility
DWQ# 11 -0582
October 13, 2011
Page 3
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. 'I'his 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:
Engineers Certification
Partial Final
I, , as a duly registered Prpfessional 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
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Stephen Chambers, PE of Chambers Engineering has permission as outlined below to fill or
otherwise impact 232 feet of streams to construct the proposed improvements at the JT Russell Ethanol Transfer Facility at the
subject property which is located on NC Hwy 8, Healing Springs, in Davidson County, North Carolina. All activities associated with
these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS
CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT it: 2011 -0582
SITE NAME: JT Russell Ethanol Transfer Facility
LOCATION: Healing Springs, NC
COUNTY Davidson
BASIN/ SUB BASIN Yadkin (HUC: 03040103)
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable
impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined
below prior to conducting any activities that impact or degrade the waters of the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-
quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b).
Impacts I Mitigation
232 linear feet of intermittent stream 1232 linear feet of intermittent stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the
Wetlands, Stream and Buffer Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form
along with a copy of the 401 Certification and Variance Approval to the Ecosystem Enhancement Program at the address below. An
invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE
IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN
PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM,
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699 -1652
(919) 733 -5205
North Carolina Division of Water Quality, Winston -Salem Regional Office
Location: 585 Waughtovm St. Winston - Salem, North Carolina 27107
Phone: 336- 771 -50001 FAX: 336. 771 -46301 Customer Service: 1-877-623-6748
Internet: vnwr.nc%vaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna