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Home My WebLink About20151218 Ver 1_01 P-4405IJK_NWP_Cover_USACE_201511237'ransportation November 6, 2015 Mr. David Bailey U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 I�AT ivI c C RC� �.'s' Governar N[CHrJLAS J. T�NNYS+DN Secretary RE: Application for Section 404 Nationwide Permit 14 and Section 401 Water Quality Certifications for Proposed Private Crossing Closures with the North Carolina Railroad Norfolk Southern Railway at Gordon Thomas Drive (TIP No. P-4405I, WBS No. 6200.7.STR16T1A), Greenbriar Drive (TIP No. P-4405J, WBS No. 6200.7.STR21T1A), and Byrdsville Road (TIP No. P-4405K, WBS No. 6200.7.STR26T1A), Orange County, NC, Federal Aid Project No. FR-FRA-HSR-0006-10-01-00. Dear David, The NCDOT Rail Division and the Federal Railroad Administration (FRA) propose to close three private at-grade railroad crossings with the North Carolina Railroad (NCRR)/Norfolk Southern Railway (NS) in Orange County at Gordon Thomas Drive, Greenbriar Drive, and Byrdsville Road (Figure 1). Information within this package has been prepared to support the application for authorization of impacts by Nationwide Permit (NWP) 14 (Linear Transportation Projects), along with the associated N.C. Division of Water Resources (NCDWR) Water Quality General Certifica�ion 3886 and a Riparian Buffer Autharization. The Environmental Assessment (EA) document for this project was finalized in November 2014 and was submitted to the appropriate regulatory agencies for review. A Finding of No Significant Impact (FONSI) was approved on October 14, 2015 and is included on the digital data CD. Project Purpose and Need The purpose of the Project is to remove existing at-grade private railroad crossings. The NCDOT Rail Division Private Crossing Safety Initiative (PCSI) PCSI Program is a subcomponent of the Piedmont Improvement Program (PIP) that seeks to reduce the number of privately owned railroad crossings along the NCRR and the NS from Raleigh to Charlotte. The —"�"Nathing +�ampares'=1—�- State ofNorth Carolina � Depamnent of Transportation I Rail Division I Soufh Wilmington StreeY � 1553 Mail Service Center � Raleigh, N.C. 27699-1553 919-707-4700 T PCSI Program recommended closing the Gordon Thomas Drive and Greenbriar Drive crossings because of poor geometric conditions and the availability of nearby alternative access routes. The Program recommended closing the Byrdsville Road crossing because of prior accidents and the potential for more collisions due to higher traffic volumes. This project is intended to improve safety for rail passengers, train crews, and vehicles by eliminating the at-grade crossings and providing alternative access to nearby public roads with safer railroad crossing conditions and will also support future increased passenger rail service for the NCRR Piedmont Corridor. Project Description The proposed project involves the closure of three public at-grade crossings of the NCRR, along with the addition of alternate means of access to properties affected by these closings. The three crossings are located along a 4.6-mile segment of the NCRR/NS corridor between Milepost (MP) 43.89 and MP 48.49 in Orange County, NC. • Gordon Thomas Drive (TIP No. P-4405I): This sub-project includes the closure of the private at-grade railroad crossing of Gordon Thomas Drive at MP 48.49. The closure of Gordon Thomas Drive will eliminate the eastern access for five residences to Old NC 10; however, alternate access will be provided using the existing Paschall Drive west of Gordon Thomas Drive. From there, drivers will have access to Old NC 10 (SR 1710) via Dove Creek Road (SR 1715) or Murphey School Road (SR 1714). P-4405I is not anticipated to impact any jurisdictional surface waters, wetlands or riparian buffers. • Greenbriar Drive (TIP No. P-4405J): This sub-project includes the closure of the private at-grade railroad crossing of Greenbriar Drive (also known as Greenbriar Drive Extension), which provides the only access for seven residences to Old NC 10. This sub- project will provide alternate access by constructing a new road parallel to the NCRR/NS rail line connecting Greenbriar Drive to Spruce Pine Trail in the Whispering Pines subdivision. P-4405J is anticipated to impact two jurisdictional wetland areas for a total of 0.15 acre, two streams for a total of 186 linear feet of permanent jurisdictional surface water impacts, and 12,370.1 square feet of protected riparian buffers. • Byrdsville Road (TIP No. P-4405K): This sub-project includes the closure of the private at-grade railroad crossing of Byrdsville Road, which provides the only access for 67 residences in and near the Byrdsville Mobile Home Park to Old NC 10. The sub-project will provide alternate access by extending Byrdsville Road westward to connect to Walter Clark Drive. From Walter Clark Drive, the primary access to the Byrdsville Mobile Home Park wi11 be rerouted to NC 86, which connects with Old NC 10. Several driveways near the eXisting railroad crossing will be realigned to maintain access to Byrdsville Road. P-4405K is anticipated to impact one jurisdictional surface water for a total of 88 linear feet along with 8489.8 square feet of protected riparian buffers. Water resources in the project area are located within U.S. Geological Survey (USGS) Hydrologic Unit (HU) 03030201 (NCDWR sub-basin 03-04-01 of the Neuse River basin). Jurisdictional surface waters, wetlands, and riparian buffers are anticipated to be impacted by project activities. Surface waters are anticipated to be impacted by the P-4405 J and K sub- projects. Surface waters impacted by the P-4405 J sub-project and drainage from the P-4405I sub-project drain to an unnamed tributary to Rhodes Creek, and surface waters impacted by the P-4405K sub-project drain to Stony Creek. Rhodes Creek is listed by the NCDWR as Watershed (WS) IV Waters with the supplemental Nutrient Sensitive Waters (NSW) classification, and has been assigned a Stream Index Number [SIN] of 27-2-14. Stony Creek is listed by the NCDWR as Class C Waters with the supplemental Nutrient Sensitive Waters (NSW) classification, and has been assigned a Stream Index Number [SIN] of 27-2-13-(1). Neither Rhodes Creek nor Stony Creek are listed an�vhere on the North Carolina 2014 Final 303(d) List of Impaired Waters. Stormwater Management Plans are included in this package. The project site was visited and the jurisdictional area delineation was approved by Andy Williams on March 19, 2013; however, no written concurrence has been issued. Also on March 19, 2013, the NCDWR was solicited for a verification of Neuse River Riparian Buffer applicability to site streams. Amy Euliss of the NCDWR did not visit the site, but discussed the project with the USACE and issued a letter denoting the applicability of Neuse River Riparian Buffers. The Rail Division is requesting an approved Jurisdictional Determination for streams and wetlands within the project area in conjunction with this permit application. Attached to this letter are the following items. • Pre-Construction Notification (PCN) Form • Figure l. P-4405I,J,K Project Vicinity Map • P-4405J Wetland and Surface Water Impacts Permit Drawings • P-4405J Wetland Permit Impacts Summary sheet • P-4405K Wetland and Surface Water Impacts Permit Drawings • P-4405K Wetland Permit Impacts Summary sheet • P-4405I, J, K Preliminary Design Plans • P-4405I, J, K Stormwater Management Plan dated January 15, 2014 • NC Division of Mitigation Services (DMS) Mitigation Acceptance Letter dated November 3, 2015 • A CD with digital files (in .pdf format) of all information listed above, and o P-4405I, J, K Finding of No Significant Impact dated October 14, 2015 o NCDWR Stream Call letter, dated Apri13, 2013 Based upon Preliminary Design Plans, the closure of private railroad crossings and construction of access roadways is anticipated to impact a total of 0.15 acre of jurisdictional wetlands, 393 linear feet of jurisdictional surface waters, and 20,859.9 square feet of protected riparian buffers. Tables 1 and 2 below and the attached Wetland Permit Impact Summary Sheets detail the total impacts to jurisdictional areas. Impact sites are described below and depicted on the attached permit drawings. Table 3 lists the geographic coordinates of the project impact sites. Table 1. Stream and Wetland Impacts Permanent Temporary Total Permanent Temporary Total Stream Stream Stream Wetland Wetland Wetland Impact Impacted Impacts Impacts Impacts Impacts Impacts Impacts Site Waterbod (feet) (feet) (feet) (acres) (acres) (acres) UT1 to 105 44 149 0.09 -- 0.09 P-4405J Rhodes Creek UT2 to g� �0 151 0.06 -- 0.06 Rhodes Creek P-4405K Stony Creek 88 3l 119 -- -- -- Total 274 145 419 0.15 -- 0.15 Table 2. Neuse River Riparian Buffer Impacts Allowable Impacts Allowable Impacts Total Allowable Impact Site Associated Waterbod Zone 1(feet�) Zone 2(feet�) Im acts (feet�) P-4405J UT1 to Rhodes Creek 7,8503 4,519.8 12,370.1 P-4405K Stony Creek 5,888.9 2,600.9 8,489.8 Total 13,739.2 7120.7 20,859.9 Table 3. Project Impact Locations NC State Plane, feet (NAD 83) WGS 84, decimal degrees Im act Site Eastin Northin Latitude Lon itude P-44057 1,996,934.659 830,705.407 36.032434 -79.010367 UT1 crossing P-4405J 1,997,034126 830,674.516 36.032350 -79.010031 UT2 crossing P-4405K 1,979,309.194 835,793.057 36.046391 -79.069989 P-4405J Impact Site The P-4405J Impact Site involves two unnamed tributaries (UT1 and UT2) to Rhodes Creek. UT1 is proposed to be placed under the roadway within three 49-foot long, 10-foot by 8-foot reinforced concrete box culverts (RCBCs). An additional 56 linear feet of impacts to UT1 are anticipated in association with bank stabilization adjacent to the inlet and outlet of the proposed culverts. Temporary impacts due to stream dewatering during construction (if water is present) tota144 linear feet. UTl is a Relatively Permanent Water (RPW) with perennial flow. UT2 is proposed to be placed under the proposed roadway within a 67-foot long, 72-inch Reinforced Concrete Pipe (RCP). An additional 14 linear feet of impacts to UT2 are anticipated in association with bank stabilization adjacent to the inlet and outlet of the proposed culverts. Temporary impacts due to stream dewatering during construction (if water is present) total 70 linear feet. UT2 is a RPW with seasonal (intermittent) flow. The proposed roadway fill slope will permanently impact two small, adjacent jurisdictional wetland areas for a total of 0.12 acre. An additional 0.03 acre of these wetland areas will be mechanically cleared prior to construction activities. UT1 is depicted on the USGS 7.5-minute quadrangle [Hillsborough, NC (1997)] and the Soil Survey of Orange County (1977), and is therefore subject to the Neuse River Riparian Buffer Rules. The Neuse River Basin Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B .0233) Table of Uses indicates that road crossings impacting between 40 and 150 linear feet of riparian buffer and less than one- third of an acre as an Allowable activity. Anticipated roadway impacts to riparian buffers include 7850.3 square fee� in Zone 1 and 45l 9.8 square feet in Zone 2. UT2 is not depicted on either the USGS 7.5-minute quadrangle [Hillsborough, NC (1997)] or the Soil Survey of Orange County (1977), and is therefore not subject to the Neuse River Riparian Buffer Rules. To minimize water quality impacts, roadway drainage from the south is dissipated well outside of the protected riparian buffer zone, one to two-foot sills will be placed within the RCBCs at the inlet and outlet and will be backfilled with native material, and sediment control measures will include stream bank stabilization and toe protection. P-4405K Impact Site The P-4405K Impact Site involves the replacement of an approximately 30-foot long, 48-inch RCP under the existing Byrdsville Road with a pair of approximately 62-foot long, 10-foot by 6- foot RCBCs. Therefore, 32 linear feet of Stony Creek will be placed within the proposed culverts. An additional 56 linear feet of impacts to Stony Creek are anticipated in association with bank stabilization adjacent to the inlet and outlet of the proposed culverts. Stony Creek is a RPW with perennial flow. Temporary impacts due to stream dewatering during construction (if water is present) tota131 linear feet. Stony Creek is depicted on the USGS 7.5-minute quadrangle [Hillsborough, NC (1997)] and the Soil Survey of Orange County (1977), and is therefore subject to the Neuse River Riparian Buffer Rules. The Neuse River Basin Nutrient Sensitive Waters Management Strategy: Protection and Maintenance of Existing Riparian Buffers (15A NCAC 02B .0233) Table of Uses indicates that road crossings impacting between 40 and 150 linear feet of riparian buffer and less than one-third of an acre as an Allowable activity. Anticipated roadway impacts to riparian buffers include 5888.9 square feet in Zone 1 and 2600.9 square feet in Zone 2. To minimize water quality impacts, roadway drainage from the south is dissipated well outside of the protected riparian buffer zone, one to two-foot sills will be placed within the RCBCs at the inlet and outlet and will be backfilled with native material, and sediment control measures will include stream bank stabilization and toe protection with Permanent Soil Reinforcement matting (PSRM). Mitigation will be required to compensate for impacts to jurisdictional surface waters and wetlands in association with the P-4405J permit site. Mitigation is proposed at a 2:1 ratio for permanent impacts to surface waters and wetlands impacted at this location. Jurisdictional surface water impacts associated with the P-4405K permit site fall below USACE mitigation requirement thresholds (150 linear feet of surface water impacts); however, cumulative project impacts exceed NCDWR mitigation thresholds. Therefore, mitigation is proposed at a 1:1 ratio for all permanent surface water impacts associated with the P-4405K permit site. The following table details proposed mitigation requirements for this project. Table 4. Project Mitigation Requirements Riparian Permanent Warm-Water Permanent Wetland Surface Water Proposed Stream Wetland Proposed Mitigation Impact Impacts Mitigation Mitigation Impacts Mitigatio Credits Site (linear feet) Ratio Credits Re uired (linear feet) n Ratio Re uired P-4405J 186 2:1 372 0.15 2:1 0.30 P-4405K 88 1:1 88 -- -- -- Total: 274 -- 460 -- -- 0.30 A total of 460 warm-water stream mitigation credits and 0.30 acre of riparian wetland credits will be purchased through the DMS in-lieu fee program to offset project impacts. A Mitigation Acceptance Letter from the DMS is attached. A�ain, the Rail �i�isic�n is requesting authori�atic�n for Section 4Q4 jurisclictional area im�acts associated r�vith aecess �•oadway constructicrn under N WP 14 (Linear Transportation Prajects) due to thc clpsing of th�se pri�a�e xailrc�adfroadway crflssings. In addition, the Itail Diwision is rer��esting an appraved juriscEictianal determination far streams and wetlands within ihe prc�ject arca in canju�ction with this permit applicatiQn. Thank yau fc�r yout` time and consideratic�n of this impar�tant projeet, If you ha�e any c�ues�ions regardir�g tk�is request, please cantact project inanagcr .Iarnes E3�•idges, �'E �t 91 �3-7{17-471 f Qr at i��rid�es(cr�ncdat.�c�v. Sincerety, t� � Marc I,. Hamel � Manager af Ei��iz�onmentai Programs NCI]QT ��il �ivis�an Cc. Dave Wanucha, l�].C. Divis�on of 'VL�'ater �.�sotir�es James F. BridgLS, PE, NCDOT Rail Di�ision