20151218 Ver 1_Corps Comments_20150623

�
NEPI.Y 10
AI"1'GNTIOV Of�.
Regulatory Division/1200A
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
June 23, 2015
Action ID Nos: SAW-2015-01291 (P-4405I)
SAW-2015-00539 (P-4405J)
SAW-2015-01292 (P-4405K)
North Carolina Department of Transportation
Attn: Marc L. Hamel
Rail Division
1553 Mail Service Center
Raleigh, North Carolina 27699-1553
Dear Mr. Hamel:
RECENED
N.C. Dept of ENR
luN 2 5 zo�
REGIONAN pFFICF
Please reference the Environmental Assessment (EA) received on June 1, 2015, for the
proposed private crossing closures with North Carolina Railroad(NCRR)/Norfolk Southern (NS)
Railway at Gordon Thomas Drive (TIP P-4405I), Greenbriar Drive (TIP P-4405J), and Byrdsville
Road (TIP P-4405K) near Hillsborough, Orange County, North Carolina. Included with the EA
was a letter requesting agency comments on or before June 29, 2015.
After a review of the subject EA, the US Army Corps of Engineers, Wilmington District,
Raleigh Regulatory Field Office (Corps) offers the following comments:
1) Generally, the Corps notes that avoidance and minimization of impacts to waters of
the US to the maximum extent practicable is required per section 404 of the Clean
Water Act. As such, and to avoid future project delay, NCDOT is encouraged to
design the project accordingly and reduce the wetland and stream impacts proposed as
pxoject planning proceeds.
2) Page xiv-Table ES 1, Page 42-section 316.2: the docu�nent states that a Nationwide
Permit (NWP) 23 will likely be applicable. However, the environmental document
produced is an EA rather than a Categorical Exclusion (CE). Since NWP 23 is used
for approved Categarical Exclusions, NWP 14 is likely more appropriate for the
impacts to waters of the US proposed.
3) Page 43-section 3.16.7: the document states that on-site streanl mitigation options
may be pursued, with mitigating through the North Carolina Ecosystem Enhancement
Program (NCEEP), now called the NC Division of Mitigation Services (NCDMS), as

a secondary option. Note that compensatory mitigation must be provided in
accordance with 33 CFR 332, the EPA Mitigation Rule, which lists a standard
mitigation hierarchy. As such, any on-site mitigation proposed must clearly state why
the proposal will provide superior replacement of aquatic function than either a
mitigation bank (if available) or an in-lieu fee program (i.e. NCDMS).
Thank you for the opportunity to comment on this EA. If you have any questions, please
contact me at [phone] extension 30 or David.G.Bailey22usace.arm .�.
Sincerely,
����`,��
David E. Bailey
Regulatory Project Manager
Raleigh Field Office
Copies Furnished:
Dave Wanucha
NC DENR Winston-Salem Regional Office
Division of Water Resources
450 West Hanes Mill Rd, Suite 300
Winston-Salem, North Carolina 27105