20130732 Ver 1_Modifications_20140224

-P-L 13 -0732-
C_ -W Ler
C1earWater Environmental Consultants, Inc.
www.cwenv:com
By Email and United States Mail
February 27, 2014
Ms. Jennifer Burdette
North Carolina Division of Water Resources
Archdale Building - 9th floor
512 N. Salisbury St.
Raleigh, NC 27604
RE: Request for Modification of 401 Water Quality Certification
Norfolk Southern Railway Company Intermodal Facility
USACE Action ID. NO. SAW- 2013 -00433
Dear Ms. Burdette:
On behalf of Norfolk Southern Railway Company, we are requesting a modification of
the above - referenced 401 Water Quality Certification issued to Norfolk Southern in connection
with the issuance of a Clean Water Act Section 404 permit for impacts to waters at the Norfolk
Southern Charlotte Intermodal Facility. As we discussed by telephone recently, the 401
Certification, like the 404 permit, contained conditions for the construction of culverts that
would be very difficult for Norfolk Southern to meet. We addressed the issue in comments to
the Army Corps of Engineers draft 404 permit, and the Corps removed the culvert requirements
from the permit. Our comments to the Corps addressing the culvert issues, which apply equally
to the 401 certification, appear below for your reference:
Condition: Culverts 48 inches in diameter or larger should be buried one foot into the
streambed. Culverts less than 48 inches in diameter should be buried to a depth equal to or
greater than 20% of their size. These measurements should be based on natural thalweg depths.
Aquatic life passage should be assured during low flow or drought conditions. Any riprap used
should not interfere with aquatic life movement during low flow.
Response: The impacts for which the Permit is being sought do not include newly
installed culverts. Rather, they include three culvert extensions to permanently installed railroad
culverts that have been in place for many years, and one French drain impact on the south end of
the project site. (See impacts 1 -4, Exhibit 2). Impacts 1 and 3 are extensions of culv�eit_sA�
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828 - 698 -9003 Fax
, 71
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headwaters of intermittent streams for which no jurisdictional stream exists upslope. Impact 4
includes a French drain at the headwaters of an intermittent tributary for which no jurisdictional
stream exists upslope. In a recent telephone conference, [Ms. Amanda Fuemmeler] of the
Asheville District of the U.S. Army Corps of Engineers expressed concern that the culvert
extension in the stream (Impact 2) might be "perched" and thereby impede the passage of aquatic
life. Clearwater Environmental determined that the culvert extension is not perched, but is an
upslope extension of a culvert where the outlet is located mid -slope in the embankment of the
main rail line and is stable. It would be impractical, expensive and of no ecological value to
change the location of the culvert and the extension thereof.
The original and amended 404 permits are attached for your reference. If you have any
questions, please do not hesitate to contact me.
Thank you for your assistance with this matter.
R. Clement Riddle, P.W.S.
Principal
4

DEPARTMENT OF THE ARMY PERMIT
Perntittec Norfolk Southern Railway Company
Permit No. SAW - 2013 -40433
Issuing Office CESAW -RG -A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers Raving jurisdiction over the permitted
activity or the appropriate official ofthat office acting under the authority of the commanding officer.
)'on are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: After -the -fact permit for the discharge of fill material into 1,807 linear feet of
stream channels to construct the intermodal facility at the Charlotte International Airport.
Project location: located in Charlotte, Mecklenburg County, North Carolina
Permit Conditions:
General Conditions;
I. The time limit for completing the work authorized ends on December 31, 2018. If you find that you need more time to
complete the authorized activity, submit your request fir a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this pennit. You are not relieved of this requirement if you abandon the permitted activity, although yet, may
make a good Faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this pennit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this oil-ice of what you have found. We will initiate the Federal and state
coordination required to detennine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
4. ifyou sell the property associated with this permit, you must obtain the signature of the new owner in tite space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE.
-_f33 CFR 335 (4ppendi . -I))
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5. Ira conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
G. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms mid conditions of your permit.
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S,C. 1344).
( ) Section 103 ofthe Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. Phis permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit. the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermined activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpennitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future tnodification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.
2

5 Reevaluation of 1 ennit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited lo, the following:
a, You fail to comply with the terms and conditions of this permit.
b, The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Sinificant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5, The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6, Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit,
Your signawre below, as perntittee, indicates that you accept and agree to comply with the terms and amditions of this permit.
k11t
as rev\ sea , See CC)rnk.�: or. �5
(PER,LTITTEE) NORFOLK SOUTHERN RAILWAY (DATE)
COMPANY
This permit becomes effective when the Federal official, designated to act for the Secretary of the Anny, has signed below.
-
(DISTRICT COA L-fN Ei ?) ST VCN A. BAKER
COLONEL
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(DATE)
When the structures or work authorized by this permit are still in existence at the time the propene is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this
permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
below.
('TRANSFEREE)
(D.4TE)
-t I s GOVERNNILNT PRINTING Ot'FICE' 19S6-717425

SPECIAL CONDITIONS (Revised)
Action ID: SAW- 2013 -00433
a) All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by the
US Army Corps of Engineers (USAGE) prior to implementation.
b) Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land - clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c) Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land - clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
Related Laws
d) The North Carolina Division of Water Resources has issued a conditioned Water Quality
Certification for your project; the conditions of that certification are hereby incorporated as
special conditions of this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
e) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733 -5083,
Ext. 526 or (800) 662 -7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Project Maintenance
f) The permittee shall advise the Corps in writing prior to beginning the work authorized by this
permit and again upon completion of the work authorized by-this permit.
g) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands will
be generated from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used.
h) The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and /or agents associated with the construction or maintenance of this

project with a copy of this permit. A copy of this permit, including all conditions, shall be
available dt the project site during construction and maintenance of this project.
i) The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
j) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre - project condition.
Enforcement
k) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10
of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army
Corps of Engineers within 24 hours of the permittee's discovery of the violation.
Mitigation
1) In order to compensate for impacts associated with this permit, mitigation shall be provided in
accordance with the provisions outlined on the most recent version of the attached Compensatory
Mitigation Responsibility Transfer Form. The requirements of this form, including any special
conditions listed on this form, are hereby incorporated as special conditions of this permit
authorization.
m) The permittee will maintain the authorized work in good condition and in conformance with
the terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.
n) If concrete is used during culvert installation (headwalls), a dry work are must be maintained
to prevent direct contact between curing concrete and stream water. Uncured concrete affects
water quality and is highly toxic to fish and other aquatic organisms.
o) If the permittee discovers any previously unknown historic or archeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District Engineer
who will initiate the required State/Federal coordination.
p) This Department of the Army permit does not obviate the need to obtain other Federal, State,
or local authorizations required by law.
-2-

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitieation Responsibility Transfer Form
Permittee: Norfolk Southern Railway Company Action ID: SAW- 2013 -00433
Project Name: Intermodal Facility County: Mecklenburg
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03050101, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts
(acres)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riverine
Riverine
Non - riverine
1,768
1,768
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03050101, Catawba River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Riverine
Non - riverine
1,768
Mitigation Site Debited: NCEEP
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 2 October, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation ( NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank /ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank /ILF Instrument.
Comments /Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager:
USACE Field Office:
Email:
Amanda Jones
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
amanda.fuemmeler @usace.army.mil
Digitally signed by
FUEMMELER.AMAND DNS LJS, U&Go,e— t.— DoD, — =PKI,
AJONES.124283509 /0— cn uFllfAq KE8.ANIANDAJONES 1243835090
,t Date 7oi a 011010.1 +31 - 0500•
USACE Project Manager Signature
November 27, 2013
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http: / /ribits.usace.army.mil.
Page 2 of 2
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
Customer Satisfaction Survey located at our webslte at http• / /resulatory.usacesurvev com/ to complete the survey online.

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Compensatory Mitieation Responsibility Transfer Form
Permittee: Norfolk Southern Railway Company
Project Name: Intermodal Facility
Action ID: SAW- 2013 -00433
County: Mecklenburg
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Ecosystem Enhancement Program (NCEEP), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and /or the mitigation will occur
in more than one 8 -digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and /or HUC must be provided to the appropriate mitigation Sponsors.
Instructions to Sponsor: The Sponsor must verify that the mitigation requirements shown below are available at the
identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
appropriate ledger and provide a copy of the signed form to the Permittee and to the USACE Bank /In -Lieu Fee Program
Manager. The Sponsor must also comply with all reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8 -digit HUC and Basin: 03050103, Catawba River Basin
Stream Impacts (linear feet)
Wetland Impacts
(acres)
Warm
Cool
Cold
Riparian
Riparian
Non - Riparian
Coastal
Cool
Cold
Riverine
Non - riverine
Coastal
39
Riverine
Non- riverine
78
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8 -digit HUC and Basin: 03050101, Catawba River Basin
Stream Mitigation (credits)
Wetland Mitigation (credits)
Riparian
Riparian
Warm
Cool
Cold
Non - Riparian
Coastal
Riverine
Non- riverine
78
Mitigation Site Debited: NCEEP
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCEEP, list NCEEP. If the NCEEP
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and /or advance credits for NCEEP), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.
Mitigation Sponsor Na
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature
Page 1 of 2 Form Updated 2 October, 2012

USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2
Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation ( NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank /ILF Instrument. It is the Permittee's responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and /or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank /ILF Instrument.
Comments /Additional Conditions:
This form is not valid unless signed by the mitigation Sponsor and USACE Project Manager. For questions regarding this
form or any of the conditions of the permit authorization, contact the Project Manager at the address below.
USACE Project Manager: Amanda Jones
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Email: amanda.fuemmeler @usace.army.mil
(, Dlgitelly ,gq ed by
FUEMMELER.AMAND ' p E ELERA'AN° ES12428 M _,KJ
AJONES.1242835090 cn=PUEMMELER AMANDAJONE51242835NO
a Date 7014 01 10 10.1447 - 05'00'
USACE Project Manager Signature
November 27, 2013
Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http: / /ribits.usace.army.mil.
Page 2 of 2
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
Customer Satisfaction Survey located at our website at http / /regulatory.usacesurvey.com/ to complete the survey online.

NT .. OF OAT
rf�
STATES Of �NfP O
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801 -5006
December 3, 2013
Regulatory Division
Action ID: SAW -2013 -00433
Mr. Jack McLain
Norfolk Southern Railway Company
1200 Peachtree Street NE
Atlanta, Georgia 30309
Dear Mr. McLain:
In accordance with your written request of July 12, 2013 and the ensuing administrative
record, enclosed are two copies of a permit for the after -the -fact discharge of fill material into
1,807 linear feet of stream channels to construct the inter-modal facility at the Charlotte
International Airport, in Charlotte, Mecklenburg County, North Carolina.
You should acknowledge that you accept the terms and conditions of the enclosed permit by
signing and dating each copy in the spaces provided ( "Permittee" on page 3). Your signature, as
permittee, indicates that, as consideration for the issuance of this permit, you voluntarily accept
and agree to comply with all of the terms and conditions of this permit. All pages of both copies
of the signed permit with drawings should then be returned to this office for final authorization.
A self - addressed envelope is enclosed for your convenience.
Title 33, Part 325.1(f), of the Code of Federal Regulations reads, in part, that, "A $10 fee will
be charged for permit applications when the work is noncommercial in nature and provides
personal benefits that have no connection with a commercial enterprise... ", and "A fee of $100
will be charged for permit applications when the planned or ultimate purpose of the project is
commercial or industrial in nature and is in support of operations that charge for the production,
distribution, or sale of goods or services." As your application fits the latter category, you are
requested to remit your check for $100, made payable to the Finance and Accounting Officer,
USAED, Wilmington. The check should accompany the signed and dated copies of your permit.
This correspondence contains a proffered permit for the above described site. If you object to
this decision, you may request an administrative appeal under Corps regulations at 33 CFR part
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 decision you must submit a completed RFA
form to the following address:
�D

-2-
District Engineer, Wilmington Regulatory Division
Attn: Amanda Fuemmeler
69 Darlington Avenue
Wilmington, North Carolina 28403
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 been
received by the Division Office within 60 days of the date of the NAP. Should you decide to
submit an RFA form, it must be received at the above address by January 23, 2014.
It is not necessary to submit an RFA form to the Division Office if you do not object to the
decision in contained in this correspondence.
After the permit is authorized in this office, the original copy will be returned to you; the
duplicate copy will be permanently retained in this office. If you have questions, please contact
Amanda Fuemmeler at the Asheville Regulatory Field Office, telephone [phone],
extension 231.
Thank you in advance for completing our Customer Survey Form. This can be accomplished
by visiting our website at http: / /per2.nwp.usace.army.mil /survey.html and completing the survey
on -line. We value your comments and appreciate your taking the time to complete a survey each
time you interact with our office.
Sincerely,
C�
Scott Jones, PW
Chief, Asheville Regulatory Field Office
Enclosures
cc w /encls:
A. Clement Riddle
C1earWater Environmental Consultants, Inc.
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
4

Applicant: File Number:
Date:
Norfolk Southern Railway Company SAW-2013-00433
December 3, 2013
Attached
is:
See Section below
❑
INITIAL PROFFER-ED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of pen-nission)
B
❑
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
❑
PRELIMINARY JURISDICTIONAL DETERMINATION
E
CT
�A%
t. C
rpwr
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the pen-nit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Pen-nit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal.the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved J'Din its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
r r._r;..yY rrr !��r"- ' ^�..r ".— `'``,,"`su-.':xt :x.�xri.`- -xsf-.''•�=;LF,t' == ,.�r- y"?=: a• zar... kt:r.asr�.•.rsss :3z;`rJ:*.-:ur Yr� o,�3ms+; c;{^;-raa �,>errs. r
� .iris 'S Z.�:f _•!. ii. t .''_.�- ,.N- .i:.- :�:�- -i:- ._siz✓
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- :d: . x ._, j:. :..fir --. ti,:1C:1 r...k'- ';•i'� _ C l° rY,lj..k
"Cl: < tea' ir? ifT 's� —�•
SECTION ,III:REQtJESTEORAPPEAL',or:OB_ JECTIONS TO>AN II_TIAL PROFFF EP- 'PER-M T; „
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
_ F X: i Vt.. d -i''•. "k. - - i 3 u .'n..
i*POINT�OF...q CONTACTF- 0R�Qi]ESTIONS.OR INEORT!IA;TIQN F,:.
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
District Engineer, Wilmington Regulatory Division,
CESAD -PDO
Attn: Amanda Fuemmeler
U.S. Army Corps of Engineers, South Atlantic Division
USACE
60 Forsyth Street, Room l OM 15
151 Patton Avenue, Room 208
Atlanta, Georgia 30303 -8801
Asheville. NC 28801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to.conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Amanda Fuemmeler, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD -PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-
8801 Phone: [phone]

DEPARTMENT OF THE ARMY PERMIT
Permittee Norfolk Southern Railway Company
Permit No. SAW- 2013 -00433
Issuing Office CESAW -RG -A
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
You are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: After -the -fact permit for the discharge of fill material into 1,807 linear feet of
stream channels to construct the intermodal facility at the Charlotte International Airport.
Project Location: located in Charlotte, Mecklenburg County, North Carolina
Permit Conditions:
General Conditions:
1. The time limit for completing the work authorized ends on December 31, 2018. If you find that you need more time to
complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
ENG FORM 172 1, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified
in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
I. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
(X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
c. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf
of the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
authorized by this permit.
d. Design or construction deficiencies associated with the permitted work.
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
interest was made in reliance on the information you provided.

SPECIAL CONDITIONS
Action ID: SAW- 2013 -00433
1) All work authorized by this permit must be performed in strict compliance with the attached
plans, which are a part of this permit. Any modification to these plans must be approved by the
US Army Corps of Engineers (USACE) prior to implementation.
2) Except as authorized by this permit or any USACE approved modification to this permit, no
excavation, fill or mechanized land - clearing activities shall take place at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
3) Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land - clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
Related Laws
4) The North Carolina Division of Water Resources has issued a conditioned Water Quality
Certification for your project; the conditions -of that certification are hereby incorporated as
special conditions of this permit. For your convenience, a copy of the certification is attached if it
contains such conditions.
5) All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733 -5083,
Ext. 526 or (800) 662 -7956 and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
Project Maintenance
6) The permittee shall advise the Corps in writing prior to beginning the work authorized by this
permit and again upon completion of the work authorized by this permit.
7) Unless otherwise authorized by this permit, all fill material placed in waters or wetlands will
be generated from an upland source and will be clean and free of any pollutants except in trace
quantities. Metal products, organic materials (including debris from land clearing activities), or
unsightly debris will not be used.
8) The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the construction and maintenance of this project, and shall provide
each of its contractors and/or agents associated with the construction or maintenance of this

project with a copy of this permit. A copy of this permit, including all conditions, shall be
available at the project site during construction and maintenance of this project.
9) The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter l I 3 Article 4).
10) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration
before completion of the work will, without expense to the United States and in such time and
manner as the Secretary of the Army or his authorized representative may direct, restore the
water or wetland to its pre - project condition.
Enforcement
11) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section
10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Anny
Corps of Engineers within 24 hours of the pen°nittee's discovery of the violation.
Mitigation
12) In order to compensate for impacts associated with this permit, mitigation shall be provided
in accordance with the provisions outlined on the most recent version of the attached
Compensatory Mitigation Responsibility Transfer Form. The requirements of this form,
including any special conditions listed on this form, are hereby incorporated as special conditions
of this permit authorization.
13) The permittee will maintain the authorized work in good condition and in conformance with
the terms and conditions of this permit. The permittee is not relieved of this requirement if he
abandons the permitted activity without having it transferred to a third party.
14) If concrete is used during culvert installation (headwalls), a dry work are must be maintained
to prevent direct contact between curing concrete and stream water. Uncured concrete affects
water quality and is highly toxic to fish and other aquatic organisms.
l�rn- cons�trneti•en�rts,- measures- v�ia•1- be -inol• tided- in- tlae�erastFUStion -tlaaz will- prorrrote
.— he-s sage- �Bh and-ot her- aquat.is- or- ganisms -For- all - earl ,vert- eonstrur-tion- activities, -the
._dimensi,on, patt , nd p bfiit-uf-the- stream, —( above - and - below -8 -pipe- or- eukvertrshould- net-be-
fnedifie efts-- -
will be b- .- at least-�ot+eluw 11 -b U I tile euloeet4s a#ara� inchPc ;n
diameter Fai kUlV1Zlt:, 48 ilJUjJrZi ill didlilUtUL Ul SIM111M, CUIverts must be buried below the bed of
_ _ the-culvert.
-2-

16) If the permittee discovers any previously unknown historic or archeological remains while
accomplishing the authorized work, he will immediately notify the Wilmington District Engineer
who will initiate the required State /Federal coordination.
17) This Department of the Army permit does not obviate the need to obtain other Federal,
State, or local authorizations required by law.
-3-

5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
warrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
inaccurate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any
corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
(such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
cost.
6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit, Unless
there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
decision, the Corps will normally give favorable consideration to a request for an extension of this time limit.
Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
G, S' Y-ev '.5'e-t , See I✓ov,ALto Is
(pERA4177-EE) NORFOLK SOUTHERN RAILWAY
COMPANY
(DATE)
This permit becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below.
(DISTRICT COMMANDER) STEVEN A. BAKER (DATE)
COLONEL
When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this
permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
below.
(TRANSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986 - 717-123

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Duality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
September 10, 2013
Norfolk Southern Railway Company
Attn: Mr. Jack McLain
1200 Peachtree Street NE
Atlanta, GA 30309
DWR # 13 -0732
Mecklenburg County
Subject: AFTER- THE -FACT APPROVAL OF INDIVIDUAL 401 WATER QUALITY
CERTIFICATION WITH ADDITIONAL CONDITIONS
Norfolk Southern Railway Company Intermodal Facility (IMF)
USACE Action ID. No. SAW- 2013 -00433
Dear Mr. McLain:
Attached hereto is a copy of Certification No. 3970 issued to Mr. Jack McLain and Norfolk
Southern Railway Company, dated September 10, 2013. Please note that you should get
any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and
Water Supply Watershed regulations.
This approval and its conditions are final and binding unless contested. This Certification can be
contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A
petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 713000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH.
A petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday throu iday between
8:00am and 5:00pm, excluding official state holidays). 0 `_��
I' E,3 Y
. a r
Wetlands, Buffers, Streams - Compliance and Permitting (Webscape) Unit
1650 Mad Service Center, Raleigh, North Carolina 27699 -1650
Localiun• 512 N. Salisbury St Raleigh, North Carolina 27604
Phone. ;19 907- 63n9'. FAX- 919 -80' -6494 1 Cuslomer Service 1-877-623-6742
Internet, www ncwaterqualny.org

Norfolk Southern Railway
DWR# 13 -0732
Individual Certification #13970
Page 2 of 8
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
if sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleighi NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H.0500. Contact Alan Johnson at 704 - 663 -1699 x2200 or
alan.iohnson @ncdenr.gov or Jennifer Burdette at 919 - 807 -6364 or
iennifer.burdette @ncdenr.gov if you have any questions or concerns.
Sincerely,
t X J VlI vV '�
Karen Higgins, Sup lzor
Wetlands, Buffers, Streams —
Compliance & Permitting Unit
cc: Mr. Clement Riddle, Clear Water Environmental Consultants, Inc.
USACE Asheville Regulatory Field Office
DWR MRO 401 files
DWR Webscape Unit
Filename: 130732NorfolkSouthernRailwayColM F(Mecklenburg)_401— IC.docx

Norfolk Southern Railway
DWR# 13 -0732
Individual Certification #3970
Page 3 of 8
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3970 is issued after- the -fact in conformity with the requirements of Section 401,
Public Laws 92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in
15 NCAC 02H.0500, to Mr. Jack McLain and Norfolk Southern Railway Company, who have
authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Resources (Division) on July 17, 2013 and subsequent information on
September 4, 2013, and by Public Notice issued by the U. S. Army Corps of Engineers and
received by the Division on July 29, 2013.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
1. Impacts Approved
Type of Impact
Amount Approved
Amount Approved
Compensatory Mitigation Required
(units)
(units)
Permanent
Temporary
Stream
1,807 (linear feet)
0 (acres)
2. Compensatory Mitigation
Mitigation must be provided for the proposed impacts as specified in the table below. The
Division has received an acceptance letter from the NC Ecosystem Enhancement Program
(EEP) to meet this mitigation requirement. Within 30 days of the date of this Certification,
proof of payment from EEP shall be submitted to this Office. For accounting purposes, this
Authorization Certificate authorizes payment to the EEP to meet the following
compensatory mitigation requirement:
Type of Impact
Compensatory Mitigation Required
River and Sub -basin Number
Stream
1,768 (linear feet)
Catawba 03050101
Stream
39 (linear feet)
Catawba 03050103

Norfolk Southern Railway
DWR# 13 -0732
Individual Certification #3970
Page 4 of 8
3. Please be aware that by having impacted streams without first applying for and securing the
issuance of a 401 Water Quality Certification, you have violated Title 15A of the North
Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H.0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands, as
described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person
desiring issuance of the State certification or coverage under a general certification required
by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the
North Carolina Division of Water Quality. Pursuant to G.S. 143- 215.6A, these violations and
any future violations are subject to a civil penalty assessment of up to a maximum of
$25,000.00 per day for each violation.
4. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.
5. Sediment and Erosion Control
Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site:
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.

Norfolk Southern Railway
DWR# 13 -0732
individual Certification t#3970
Page 5 of 8
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
7. Construction Stormwater Permit NCG010000
An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
project is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self- monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http://poftal.ncdenr.org/web/wq/­"ws/su/npdessw#tab-w.
8. Work in the Dry
All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
9. If concrete is used during the construction, then all necessary measures shall betaken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.
10. Placement of Culverts and Other Structures in Waters and Wetlands
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered and to allow for aquatic life movement during low flows. Existing
stream dimensions (including the cross section dimensions, pattern and longitudinal profile)
must be maintained above and below locations of each culvert:
Placement of culverts and other structures in waters, streams must be below the elevation of
the streambed by one (1) foot for all culverts with a diameter greater than 48 inches, and 20
percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow
low flow passage of water and aquatic life.

Norfolk Southern Railwa
DWR# 13 -0732
Individual Certification #3970
Page 6 of 8
Installation of culverts in wetlands must ensure continuity of water movement and be
designed to adequately accommodate high water or flood conditions. Additionally, when �.
roadways, causeways, or other fill projects are constructed across FEMA- designated
floodways or wetlands, openings such as culverts or bridges must be provided to maintain the
natural hydrology of the system as well as prevent constriction of the floodway that may
result in destabilization of streams or wetlands.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening 1
methods.
11. All temporary fill and culverts shall be removed and the impacted area returned to natural
conditions, within 60 days of the determination that the temporary impact is. no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original-cross sectional dimensions, plan form pattern, and longitudinal bed and-bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas) and restored to prevent erosion.
12. All temporary pipes /culverts /riprap pads etc, shall be installed in all streams as outlined in the
most recent edition of the North Carolina Sediment and Erosion Control Planning and Design
Manual so as not to restrict stream flow or cause dis- equilibrium.
13. Any riprap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All riprap shall be buried and /or "keyed in" such that the original
stream elevation and streambank contours are restored and maintained. Placement of riprap
or other approved materials shall not result in de- stabilization of the stream bed or banks
upstream or downstream of the area.
14. Any riprap used for stream stabilization shall be of a size and density so as not to be able to
be carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
15. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
16. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.

Norfolk Southern Railway
DWR# 13 -0732
Individual Certification #3970
Page 7 of 8
17. Continuing Compliance
Mr. Jack McLain and-Norfolk Southern Railway Company shall conduct construction activities
in a manner consistent with State water quality standards (including any requirements
resulting from compliance with section 303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If the Division 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, the Division may reevaluate,and modify this Certification. Before
modifying the Certification,.the Division shall notify Mr. Jack McLain and Norfolk Southern
Railway Company and the U.S. Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 02H .0503 and provide opportunity for public hearing in accordance with 15A
NCAC 02H .0504. Any new or revised conditions:shall be provided to Mr. Jack McLain and
Norfolk Southern Railway Company in writing, shall be provided to the U.S. Army Corps of
Engineers for reference in any Per issued pursuant to Section 404 of the Clean Water Act,
and shall also become conditions of the 404 Permit for the project.
18. This approval is for the purpose and design described in your application and as described in
the Public Notice. The plans and specifications for this project are incorporated by reference
and are an enforceable part of the Certification. If you change your project, you must notify
the Division and you may be required to submit a new application package with the
appropriate fee. If the property is sold, the new owner must be given a copy of this
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name.
19. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWQ Webscape Unit within ten days of project completion (available at:
http•/ /portal ncdenr.org/ web /wq /swp /ws/ 401 /certsandPermits /apply /forms).
20. This certification grants permission to the director, an authorized representative of the
Director, or DENR staff, upon the presentation of proper credentials, to enter the property
during normal business hours.
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
conditions in effect on the date of issuance shall remain in effect for the life of the project,
regardless of the expiration date of this Certification.

Norfolk Southern Railway
DWR# 13 -0732
individual Certification #3970
Page 8 of 8
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
This the 10th day of September 2013
DIVISION OF WATER RESOURCES
6MAD
Karen Higgins, Superviso
Wetlands, Buffers, Streams —
Compliance &Permitting Unit
KH /jab
3970