20041053 Ver 2_Public Notice_20120124

Dennison, Laurie 0 `� - I D 5 3 V a
From Wallace Nancy SAW [Nancy Wallace @usace army mil]
Sent Tuesday January 24 2012 9 31 AM
Subject Notification of a Public Notice from Wilmington District Regulatory Division US Army Corps Of
Engineers (UNCLASSIFIED)
Classification UNCLASSIFIED
Caveats NONE
As you requested you are hereby notified that Wilmington District United States Army Corps of Engineers has
issued a Public Notice The text of this document can be found on the Public Notices portion of the Regulatory
Division Home Page Each Public Notice is available in ADOBE ACROBAT (pdf) format for viewing
printing or download at http //www saw usace army mil /wetlands /notices /current_ notices html As with
anything you download from the internet be sure to check for viruses prior to opening The current notice
involves
PUBLIC NOTICE
ISSUE DATE January 24 2012
COMMENT DEADLINE February 23 2012
CORPS ACTION ID# SAW 2009 01062
PROJECT DESCRIPTION The Wilmington District Corps of Engineers (Corps) has received an application
from the City of Charlotte Charlotte Area Transit System (CATS) seeking Department of the Army
authorization to impact 3 312 linear feet of stream channel and 0 524 acre of wetlands associated with the
extension of a mass transit rail line known as the LYNX Blue Line Extension Light Rail Project in Charlotte
Mecklenburg County North Carolina
POC Amanda Jones, telephone [phone] extension 231 � g WE
E p
Expiration Date 5 00 p m February 23, 2012 1 { ]AN 2 4 2012
Classification UNCLASSIFIED
Caveats NONE

US Army Corps
Of Engineers
Wilmington District
04- 1053
PUBLIC NOTICE
Issue Date January 24 2012
Comment Deadline February 23 2012
Corps Action ID # 2009 01062
The Wilmington District Corps of Engineers (Corps) has received an application from the
City of Charlotte Charlotte Area Transit System (CATS) seeking Department of the Army
authorization to impact 3 312 linear feet of stream channel and 0 524 acre of wetlands associated
with the extension of a mass transit rail line known as the LYNX Blue Line Extension Light Rail
Project in Charlotte Mecklenburg County North Carolina
Specific plans and location information are described below and shown on the attached plans
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www saw usace army mil /wetlands
Applicant City of Charlotte
Charlotte Area Transit System
Mr Danny Rogers
600 East Fourth Street
Charlotte North Carolina 28202
AGENT (if applicable) STV/Ralph Whitehead Associates
Mr Michael Iagnocco
1000 West Morehead Street
Charlotte North Carolina 28208
Authority
u a-
E1N@R01F[2 p
JAN 2 22012
_ _ ONR Gl►ATER Q I
The Corps will evaluate this application and decide whether to issue conditionally issue or deny
the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33
US C 1344)
Location
In general the proposed extension of the LYNX Light Rail transit line will extend 9 4 miles
northeast from its terminal station at the 7`h Street Station to the University of North Carolina at
Charlotte (UNC Charlotte) campus in Charlotte Mecklenburg County North Carolina The
beginning and end coordinates for the project respectively are 35 228655 °N 80 838792 0W to
35 315405 °N 80 727904 °W Specifically the proposed alignment would begin at the LYNX
7th Street Station and travel along Charlotte Area Transit System (CATS) owned right of way
until approximately 12th Street where it would cross over the CSX rail tracks and then enter the

existing Norfolk Southern and North Carolina Railroad (railroad) rights of way to the middle of
the alignment near Old Concord Road where it would then transition into the median of
North Tryon Street/US 29 The line would remain in the median until approximately 1 000 feet
north of the existing entrance to UNC Charlotte s Charlotte Research Institute where it would
enter the campus crossing under the existing travel lanes of North Tryon Street/US 29 The
proposed project would terminate at the UNC Charlotte Station
The project is linear in nature and crosses several named and unnamed tributaries in the Santee
and Yadkin Pee Dee River Basins Specifically the project s proposed alignment includes
Little Sugar Creek Briar Creek Doby Creek Toby Creek and unnamed tributaries to these
named stream systems These streams channels are classified as relatively permanent waters
(RPWs) and seasonal RPWs The project will not affect any stream channels considered
traditionally navigable or designated as a Section 10 navigable waterway All the proposed
impacts are to stream channels that drain to the Catawba River The Catawba River is located in
the Santee River watershed and eventually drains to the Atlantic Ocean Specifically the
Catawba River joins the Santee Cooper River in South Carolina before entering the Atlantic
Ocean The Catawba River is considered a Section 10 waterway at the Mountain Island Lake
Dam on Lake Wylie in Mecklenburg County The project corridor also contains wetlands that
are adjacent to jurisdictional stream channels
Existing Site Conditions
A majority of the project s corridor is located within a highly urbanized area of Charlotte The
project follows an existing rail line and/or existing road right of ways for a majority of the
corridor Only the terminal section of the project is located within a wooded undisturbed area
near the UNC Charlotte campus It is located entirely within the Charlotte Belt of the Piedmont
Physiographic Province of North Carolina which is characterized by broad gently rolling
interstream areas and by steeper slopes along drainage ways Based on topographic mapping
elevations in the study area range from approximately 580 feet above National Geodetic Vertical
Datum (NGVD) to 800 feet NGVD The highest elevations in the study area are located along
North Tryon Street/US 29 east of the proposed Old Concord Road Station The lowest elevations
in the study area are located at the proposed crossing at Toby Creek According to the U S
Department of Agriculture (USDA) Natural Resources Conservation Service (MRCS) the study
area contains four interspersed general soil types Cecil Cecil Urban Wilkes Enon and
Monacan with small pockets of other soil types such as Mecklenburg Pacolet and Helena
Applicant's Stated Purpose
The purpose of the project is to provide a high capacity mass transportation alternative in
northeast Charlotte and Mecklenburg County
Proiect Description
The Charlotte Area Transit System (CATS) proposes to extend the existing LYNX Light Rail
service from its terminal station at the 7th Street Station to the northeast to the University of
North Carolina at Charlotte (UNC Charlotte) campus CATS and the Federal Transit Authority
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(FTA) are the joint lead agencies for the project, which is currently in the 65% design phase of
project development. CATS is seeking federal funding through the FTA's discretionary Section
5309 New Starts grant program (49 USC §5309). A Notice of Intent to conduct an Alternatives
Analysis and to prepare an Environmental Impact Statement (EIS) was published in the Federal
Register on September 29, 2000. The Final EIS for the project has been completed and the Final
EIS was published by the FTA in August 2011 and has been distributed to the regulatory
agencies including the United States Army Corps of Engineers (USCOE) and the North Carolina
Department of Environmental and Natural Resources (NCDENR) Division of Water Quality
(NCDWQ).
The proposed project would extend the existing LYNX Blue Line light rail system by
approximately 9.4 miles and provide 11 transit stations, including seven walk -up stations and
four stations with park- and -ride facilities, as well as a feeder bus system to support the light rail
system.
The project would be designed to accommodate two light rail tracks, one for northbound service
and one for southbound service. In general, the tracks would be located at- grade. Some portions
would be elevated to go over existing freight tracks, water features or roads. The proposed
LYNX Blue Line Extension Northeast Corridor Light Rail Project (LYNX BLE) would include
the depression of 36th Street under the existing railroad freight tracks and the proposed light rail
tracks. A depression of the light rail tracks under the existing northbound travel lanes of
North Tryon Street/US -29 would also occur where the alignment turns southeast to enter the
UNC Charlotte campus. Sugar Creek Road would be depressed under or carried over the existing
railroad tracks as planned and undertaken as a separate project by the North Carolina Railroad
(NCRR) and North Carolina Department of Transportation ( NCDOT) Rail. At this time, it is
anticipated that the proposed LYNX BLE Project would be at existing grade with Sugar Creek
Road elevated. CATS, NCRR and NCDOT Rail have agreed on the layout of the tracks to
accommodate existing freight, passenger rail, and new tracks for the LYNX BLE, as well as
future high speed rail. As part of the development of the lease agreement to operate light rail in
the NCRR corridor, CATS was required to consider the ultimate cross - section. This cross - section
required the separation between freight and light rail, and also determined the location of the
light rail tracks. Due to safety considerations for the customers using the transit system, the light
rail tracks are placed on the outer edge of the existing corridor. The proposed LYNX BLE
Project and future high speed rail are independent, separate and complete projects. The timing of
the high speed rail is unknown at this time.
Additionally, a multi -use path would be constructed between Sugar Creek Road and the Old
Concord Road Station to allow safe pedestrian and bicycle access along this portion of the
alignment. The approximate 1.2 -mile multi -use path was initially proposed in April 2011, as a
result of the City's Northeast Corridor Bicycle Vision Study. Based on current conceptual
design, the multi -use side path would, be constructed parallel to the light rail between the Sugar
Creek and Old Concord Road Stations. The path would facilitate bicycle and pedestrian
connectivity to the light rail stations and maintenance access by providing a direct connection
between stations. The 12' to 14' wide path would include a full paved section, or incorporate a
shoulder with a grass strip or fence depending on the surrounding constraints and drainage
issues. A fence would be constructed along the entire section separating the light rail tracks and
the multi -use path. The multi -use path follows, for a majority of the corridor, the grade of the

proposed LYNX BLE It is further anticipated that the majority of the multi use path would be
designed within the right of way for the LYNX BLE
The National Environmental Policy Act (NEPA) Record of Decision (ROD) for the Final EIS
was signed on December 5 2011 and has been posted for public review on the CATS website at
http //charmeck org/city/charlotte/cats/planninWBLE/Paizes/FEIS aspx Publication of the ROD
in the Federal Register is pending CATS anticipates that it will receive approval to enter final
design in May of 2012 and the design will be refined through May of 2014 The construction of
the LYNX BLE is scheduled to begin in September of 2013 and is expected to continue into
September of 2016 It is anticipated that the LYNX BLE will be constructed in three segments
concurrently CATS anticipates that the LYNX BLE will be operating and collecting revenue by
late 2016 or early 2017
Impacts to Jurisdictional waters associated with this project are summarized below The project
as proposed will impact 3 312 linear feet of stream channels and 0 524 acre of wetlands All
impacts are located within the Catawba River basin
Table 1
Summary of Estimated Stream Impacts
Jurisdictional
Area
Type of Jurisdictional
Area
Impacts Figure
Length of
Permanent Impact
Stream C
Perennial Stream
Figure 14
112
Stream D
Intermittent Stream
Figure 14
396
Stream J
Perennial Stream
Figure 16
103
Stream K
Perennial Stream
Figure 16
44
Stream N
Intermittent Stream
Figure 17
56
Stream A
Perennial Stream
Figure 18
100
Stream A
Intermittent Stream
Figure 18
791
Stream P
Intermittent Stream
Figure 19
1666
Stream Z
Intermittent Stream
Figure 20
44
Permanent Impact Totals
Table 2
Summary of Estimated Wetland Impacts
3,312 if
Jurisdictional
Area
Type of Jurisdictional
Area
Impacts Figure
Area of Permanent
Impact
Wetland Y
Linear Wetland
Figure 17
0 142 acre (6 165 sq ft
Wetland A
Linear Wetland
Figure 18
0 012 acre 530 sq ft
Wetland A
Scrub shrub/ Emergent
Wetland
Figure 18
0 223 acre (9 704 sq ft )
Wetland P
Isolated Wetland
Figure 19
0 02 acre 854 sq ft
Wetland E
Forested Wetland
Figure 21
0 057 acre (2 465 sq ft )
Wetland R
Forested Wetland
Figure 22
0 07 acre (3 049 sq ft )
Permanent Impact Totals
4
—0 524 acre (22,767 sq ft )

The impact areas listed above are described as follows
Stream C is an unnamed tributary to Little Sugar Creek located in the Little Sugar Creek Watershed
Stream C will need to be piped extending from the existing pipe culvert in order to widen the
railroad right of way embankment for the proposed LYNX BLE Project A riprap stilling basin
would be placed in Stream C at the discharge point for the extended pipe and will impact
approximately 80 linear feet of Stream C Riprap will be countersunk into the stream bed Riprap
shall be clean and free from loose dirt or pollutant An existing sewer line will be re routed across
Stream C and will have additional impacts to an estimated 32 linear feet of Stream C Stream D is
an unnamed tributary to Stream C located in the Little Sugar Creek Watershed Approximately
all 396 linear feet (0 135 acre) of Stream D would be filled to enlarge the existing rail
embankment and Stream D will be relocated to the toe of the embankment as a drainage channel
that would be created for the proposed LYNX BLE Project to provide the same drainage
function as Stream D Stream J is an unnamed tributary to Stream F located in the Little Sugar
Creek Watershed The entire estimated 103 linear feet (0 031 acre) of Stream J located within the
project corridor would be piped /filled for the construction of a new access to the Duke Energy
substation Stream K is an unnamed tributary to Stream F located in the Little Sugar Creek
Watershed Pipe replacement and the subsequent addition of a riprap apron would disturb
approximately 44 linear feet (0 006 acre) of Stream K Stream N is a stormwater drainage feature
located in the Little Sugar Creek Watershed Approximately 56 linear feet (0 016 acre) of Stream
N would be piped /filled by the embankment created for the proposed LYNX BLE Project
Stream A is an unnamed tributary to Stream F located in the Little Sugar Creek Watershed
Approximately 100 linear feet (0 053 acre) of RPW Stream A would be piped or channelized by
the embankment created for the relocated freight tracks associated with the proposed light rail
alignment Seasonal RPW Stream A is located parallel to North Davidson Street in the
Little Sugar Creek Watershed Catawba River Basin Seasonal RPW Stream A drains to RPW
Stream A on the south side of the railroad right of way 791 linear feet (0 018 acre) of seasonal
RPW Stream A would be enclosed within a box culvert to raise the alignment to the planned
elevation
Stream P is a stormwater drainage channel/basin The entire estimated 1 666 linear feet (0 11
acre) of Stream P would be piped /filled for the new rail embankment and the proposed multi use
path Stream Z is an unnamed tributary to Briar Creek located in the Briar Creek Watershed Pipe
replacement and the subsequent addition of a riprap apron will create fill impacts to Stream Z
totaling approximately 44 linear feet (0 007 acre) Riprap will be countersunk into the stream bed
and will be placed over filter cloth Riprap shall be clean and free from loose dirt or pollutant
Linear Wetland Y (approximately 0 142 acre) is a linear palustrine forested wetland (NC WAM
= Basin) located north of the railroad right of way and west of East 36th Street The entire
estimated 0 142 acre of Linear Wetland Y would be filled by the construction of an embankment
and a retaining wall for the planned relocation of the existing freight tracks Wetland A
(approximately 0 223 acre) is a small palustrine scrub shrub /emergent wetland (NC WAM =
Headwater forest) located south of the railroad right of way and north of North Davidson Street
on either side of seasonal RPW Stream A The entire estimated 0 223 acre of Wetland A and
seasonal RPW Stream A would be enclosed within a box culvert to raise the alignment to the
planned elevation without disrupting the existing drainage pattern Linear Wetland A is a small
(approximately 0 012 acre) palustrine forested wetland (NC WAM = Basin) located north of the

railroad right of way and west of Craighead Road It is anticipated that approximately all 0 012
acre of Linear Wetland A would be filled by the planned relocation of the existing railroad spur
Isolated Wetland P (approximately 0 02 acre) is a small isolated palustrie open water /emergent
wetland (NC WAM = Basin) located adjacent to and west of the railroad right of way in the
backyard of a residential dwelling located at the end of Leafmore Drive It is anticipated that all
0 02 acre of Isolated Wetland P would be directly impacted by fill for the proposed project
embankment and multi use path Wetland E (approximately 0 06 acre) is a small palustrme
forested wetland (NC WAM = Seep) located at the Old Concord Road Station proposed park
and ride lot in the woods adjacent to a kudzu (Pueraria montana var lobata) monoculture It is
anticipated that 0 057 acre of Wetland E would be directly impacted by the fill required for the
proposed Old Concord Road Station park and ride lot entrance road Isolated Wetland R
(approximately 0 07 acre) is a small isolated palustrme forested wetland (NC WAM = Basin)
located on the UNC Charlotte campus west of the proposed UNC Charlotte Station and east of
Toby Creek It is anticipated that approximately all 0 07 acre of Isolated Wetland R would be
directly impacted by construction activities and the temporary fill for check dams for the
proposed project bridge abutment construction adjacent to the UNC Charlotte Station and
excavation for the creation of a drainage ditch
The applicant is proposing to utilize the Charlotte Umbrella Stream and Wetland Mitigation
Bank (Umbrella Bank) to provide off site mitigation for impacts to stream channels in the
Catawba River basin The mitigation ratio proposed is 1 1 due to the poor quality of impacted
stream channels Therefore approximately 3 312 linear feet of stream channel is proposed to be
mitigated through the Umbrella Bank The Umbrella Bank does not have sufficient wetland credit
available therefore the applicant is proposing payment into the North Carolina Ecosystem
Enhancement Program ( NCEEP) to compensate for wetland impacts The impacted wetlands are
located in the Lower Catawba River Basin (HUC 03050103) and may be mitigated for by NCEEP
in the Lower Catawba s Expanded Service Area depending upon credit availability The applicant is
proposing to mitigate for impacts to 0 377 acre of wetlands in the Lower Catawba River Basin The
mitigation ratio for wetland impacts in the Lower Catawba is 2 1 if the expanded service area is
utilized The applicant is also proposing to mitigate for impacts to 0 057 acre of wetlands in the
Yadkin Pee Dee River Basin at a 1 I ratio through payment into NCEEP Note mitigation is not
proposed nor required for impacts to isolated wetlands
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review The Corps will generally not make a final permit decision until the
North Carolina Division of Water Quality ( NCDWQ) issues denies or waives State certification
required by Section 401 of the Clean Water Act (PL 92 500) The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality Certification A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office 401 Oversight and Express Permits Unit 512
North Salisbury Street in Raleigh North Carolina All persons desiring to make comments
2

regarding the application for certification under Section 401 of the Clean Water Act should do so
in writing delivered to the North Carolina Division of Water Quality (NCDWQ) 1650 Mail
Service Center Raleigh North Carolina 27699 1650 Attention Ms Cynd► Karoly by
February 23 2012
Essential Fish Habitat
This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the
Magnuson Stevens Fishery Conservation and Management Act The Corps initial determination
is that the proposed project will not adversely impact EFH or associated fisheries managed by
the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine
Fisheries Service
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work Presently
unknown archeological scientific prehistoric or historical data may be located within the
project area and /or could be affected by the proposed work
Endangered Species
The Corps has reviewed the project area examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database Based on available information
the Corps has determined pursuant to the Endangered Species Act of 1973 that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts
including cumulative impacts of the proposed activity on the public interest That decision will
reflect the national concern for both protection and utilization of important resources The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof among those are conservation economics
aesthetics general environmental concerns wetlands historic properties fish and wildlife
values flood hazards flood plain values (in accordance with Executive Order 11988) land use
navigation shoreline erosion and accretion recreation water supply and conservation water
quality energy needs safety food and fiber production mineral needs considerations of
property ownership and in general the needs and welfare of the people For activities involving
the discharge of dredged or fill materials in waters of the United States the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency s 404(b)(1) guidelines
7

Commenting Information
The Corps of Engineers is soliciting comments from the public Federal State and local agencies
and officials including any consolidate State Viewpoint or written position of the Governor
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity Any comments received will be considered by the Corps of Engineers to
determine whether to issue modify condition or deny a permit for this proposal To make this
decision comments are used to assess impacts on endangered species historic properties water
quality general environmental effects and the other public interest factors listed above
Comments are used in the preparation of an Environmental Assessment (EA) and /or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA) Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity
Any person may request in writing within the comment period specified in this notice that a
public hearing be held to consider the application Requests for public hearings shall state with
particularity the reasons for holding a public hearing Requests for a public hearing shall be
granted unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing
Written comments pertinent to the proposed work as outlined above will be received by the
Corps of Engineers Wilmington District until 5pm February 23 2012 Comments should be
submitted to Ms Amanda Jones Asheville Regulatory Field Office 151 Patton Avenue Room
208 Asheville North Carolina 28801 5006
am�g
8

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