20110582 Ver 3_401 Application_20120312

it - os$a. 03
March 8 2012
John Thomas
Raleigh Regulatory Field Office
US Army Corps of Engineers
3331 Heritage Trade Drive Suite 105
Wake Forest North Carolina 27587
Ms Sue Homewood
North Carolina Division of Water Quality
585 Waughton Street
Winston Salem North Carolina 27107
RE JT Russell Ethanol Transfer Facility
After the Fact Modification
USACE Nationwide Permit No 39 (Action ID 200902142) MAR 1 3 2012
Water Quality Certification No 3821 (DWQ # 2011 0582) DENR WATER QUALITY
Davidson County North Carolina WETLANDS AND STORMWATERWANCH
Mr Thomas
HDR Engineering Inc of the Carolinas (HDR) on behalf of Chambers Engineering PA is requesting an after
the fact Nationwide Permit (NWP) No 39 and Water Quality Certification (WQC) No 3821 for non permitted
impacts to jurisdictional wetlands (see attached figure)
JT Russell extended 1200 feet of lead track that connects to the main line track within the proposed ethanol
transfer facility CSX Railroad had requested a design modification as the original design track turnout posed a
possible safety concern due to space constraints east of the existing main line The railroad yard construction
inadvertently filled jurisdiction wetlands beyond the limits of impact approved in the authorized Nationwide
Permit and WQC (see attached Figure) A Notice of Violation (NOV) was issued by the NCDWQ for the non
permitted impacts on February 29 2012 (NOV 2012 PC 0065)
A jurisdictional determination (Action ID 200902142) was issued by the USACE on the adjacent property
located Immediately to the east (PIN 0902800000006) and the Initial design reflected all practicable measures
to avoid and minimize impacts to the delineated jurisdictional waters However It was subsequently found that
the jurisdictional waters survey did not Include the subject property (PIN 0902800000009) and as a result this
section of the project area was unintentionally overlooked
A site visit on March 7 2012 with John Thomas ( USACE) and Sue Homewood ( NCDWQ) was held to discuss
the violation and to determine the magnitude of Impacts to jurisdictional waters It was agreed that
approximately 0 48 acres of jurisdictional wetlands have been impacted as a result of the railroad yard
construction activity
HDR Engineering Inc of the Carolinas 440 S Church Stree"1919 Phone [phone]
Suite 1000 I Fax [phone]
Charlotte NC 28202 wwwhdnnc cam

Payment will be made to the North Carolina Ecosystem Enhancement Program s (NCEEP) in lieu fee program
as mitigation for the non permitted Impacts to jurisdictional wetlands An acceptance letter will be forwarded
once received
We ask that you accept the attached Pre Construction Notification (PCN) for the after the fact Impacts and to
authorize the construction of a 4 x 6 concrete box culvert extension detailed In the modification submitted on
January 18 2012 Please contact me at [phone] or enc mularskiehdnnc com If you have any
questions or require additional Information
Sincerely
Eric Mularskl P W S
Environmental Scientist
Cc Mr Stephen G Chambers Chambers Engineering PA
Mr Glendon Fetterolf HDR Project Manager
Mr Ronald Geiger HDR Water Resources Section Manager
NOR Engineering Inc of the Carolinas Page 2 of 2

W AT �9pG
O 'C
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1 3 December 10 2008 Version
Pre - Construction Notification PCN Form
A Apphcant Information
1
Processing
1 a
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
1 b Specify Nationwide Permit (NWP) number 39 or General Permit (GP) number
1c
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d
Type(s) of approval sought from the DWQ (check all that apply)
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
1f
Is payment into a mitigation bank or in lieu fee program proposed for mitigation
of impacts? If so attach the acceptance letter from mitigation bank or in lieu
fee program
® Yes
❑ No
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1 h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2
Project Information
2a
Name of project
JT Russell Ethanol Transfer Facility
2b
County
Davidson
2c
Nearest municipality / town
Healing Springs
2d
Subdivision name
2e
NCDOT only T I P or state
project no
3
Owner Information
3a
Name(s) on Recorded Deed
(see attached) MAR 1
3 2012
3b
Deed Book and Page No
ppiR WATFR
QUALITY
3c
Responsible Party (for LLC if
applicable)
WETUWDSANDSTORMWATER
3d
Street address
3e
City state zip
3f
Telephone no
3g
Fax no
3h
Email address
Page 1 of 12
PCN Form — Version 1 3 December 10 2008 Version

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ❑ Other specify
4b
Name
Stephen G Chambers
4c
Business name
(if applicable)
Chambers Engineering PA
4d
Street address
129 N First Street
4e
City state zip
Albemarle NC 28001
4f
Telephone no
[phone]
4g
Fax no
(704) 984 -6428
4h
Email address
shambers@ce pa corn
5
Agent/Consultant Information (if applicable)
5a
Name
Eric Mularski
5b
Business name
(if applicable)
HDR Engineering Inc of the Carolinas
5c
Street address
440 South Church Street Suite 1000
5d
City state zip
Charlotte NC 28202 1919
5e
Telephone no
[phone]
5f
Fax no
[phone]
5g
Email address
enc mularski @hdnnc corn
Page 2 of 12
PCN Form — Version 1 3 December 10 2008 Version

B Project Information and Prior Project History
1 Property Identification
1a Property identification no (tax PIN or parcel ID)
PIN 0902800000009
lb Site coordinates (in decimal degrees)
Latitude 35 612 Longitude 80 182
(DD DDDDDD) ( DD DDDDDD)
1c Property size
7 42 acres
2 Surface Waters
2a Name of nearest body of water (stream river etc ) to
unnamed tributary to Lick Creek
proposed project
2b Water Quality Classification of nearest receiving water
WS IV
2c River basin
Yadkin Pee Dee (DWQ Sub basin 03 07 08)
3 Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
According to the land cover and land use classification adopted by North Carolina the project and surrounding properties
are classified as managed herbaceous cover mixed upland hardwoods and cultivated land Recent aerial imagery
illustrate a light industrial area (JT Russell Facility) and scattered single family residences
3b List the total estimated acreage of all existing wetlands on the property
A forested wetland is located in the floodplain of Lick Creek totaling approximately 0 75 arces on the property
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
An unnamed tributary to Lick Creek accounts for approximately 40 linear feet (If) of intermittent stream on the property
3d Explain the purpose of the proposed project
The NC Division of Water Quality (DWQ) has issued a Notice of Violation (NOV 2012 PC 0065) for non permitted
impacts associated with the fill of a jurisdictional floodplain wetlands during the construction of the JT Russell Ethanol
Transfer Facility railroad yard An onsite visit with the US Army Corps of Engineers (USACE) and DWQ representative on
March 7`h 2012 estimated the impacts to be approximately 0 48 acres
3e Describe the overall project in detail including the type of equipment to be used
Standard excavating and grading equipment was used to construct the railroad yard
4 Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes [:1 No El Unknown
project (including all prior phases) in the pasty
Comments adjacent property received a JD with the NWP 39
4b If the Corps made the jurisdictional determination what type
❑ Preliminary ® Final
of determination was made?
4c If yes who delineated the jurisdictional areas?
Agency /Consultant Company HDR Engineering
Name (if known)
Other
4d If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
attached to the referenced NWP 39 dated 6/23/2011
5 Project History
5a Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b If yes explain in detail according to help file instructions
A NWP 39 was obtained for the initial impacts of 232 linear feet of stream This is an after the fact request modification to
account for approximately 0 48 acres of jurisdictional wetlands post construction fill impacts
Page 3 of 12
PCN Form — Version 1 3 December 10 2008 Version

6 Future Project Plans
6a Is this a phased project? ❑ Yes ® No
6b if yes explain
Page 4 of 12
PCN Form — Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
la Which sections were completed below for your project (check all that apply)
® Wetlands ❑ Streams tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2 Wetland Impacts
If there are wetland impacts proposed on the site then complete this question for each wetland area impacted
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary T
W1 ®P ❑ T
Fill
Bottomland
® Yes
® Corps
048
Hardwood
❑ No
® DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P [IT
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
El No
❑DWQ
2g Total wetland impacts
2h Comments Approximately 0 48 acres of bottomland hardwood wetlands was inadvertently filled during construction of a
new railroad yard facility
3 Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number
(PER) or
(Corps 404 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
31 Comments
Page 5 of 12
PCN Form — Version 1 3 December 10 2008 Version

4 Open Water Impacts
If there are proposed impacts to lakes ponds estuaries tributaries sounds the Atlantic Ocean or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f Total open water impacts
4g Comments
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form
6a
❑ Neuse ❑Tar Pamlico ❑Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b
6c
6d
6e
6f
6g
Buffer impact
number—
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary T
impact
required?
131 ❑P ❑T
❑Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑ PEI T
❑Yes
❑ No
6h Total buffer impacts
61 Comments
Page 6 of 12
PCN Form — Version 1 3 December 10 2008 Version

D Impact Justification and Mitigation
1 Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
All practicable alternatives were assessed to avoid jurisdictional waters to the U S in the original design CSX Railroad has
requested a design modification as the original track turnout posed a possible safety concern due to space constraints east of
the existing main line A survey of jurisdictional waters was not conducted on the property to reflect the design changes and as
a result jurisdictional wetlands were inadvertently impacted
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Silt fence sediment traps diversion ditches and other sediment and erosion control measures were employed during
construction
2 Compensatory Mitigation for Impacts to Waters of the U S or Waters of the State
2a Does the project require Compensatory Mitigation for
impacts to Waters of the U S or Waters of the State?
® Yes ❑ No
2b If yes mitigation is required by (check all that apply)
® DWQ ® Corps
2c If yes which mitigation option will be used for this
projects
❑ Mitigation bank
®Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3 Complete if Using a Mitigation Bank
3a Name of Mitigation Bank
3b Credits Purchased (attach receipt and letter)
Type
Quantity
3c Comments
4 Complete if Making a Payment to In lieu Fee Program
4a Approval letter from in lieu fee program is attached
® Yes
4b Stream mitigation requested
linear feet
4c If using stream mitigation stream temperature
❑ warm ❑ cool ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
0 48 acres
4f Non riparian wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5 Complete if Using a Permittee Responsible Mitigation Plan
5a If using a permittee responsible mitigation plan provide a description of the proposed mitigation plan
Page 7 of 12
PCN Form — Version 1 3 December 10 2008 Version

6 Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b if yes then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1 5
6f Total buffer mitigation required
6g If buffer mitigation is required discuss what type of mitigation is proposed (e g payment to private mitigation bank
permittee responsible riparian buffer restoration payment into an approved in lieu fee fund)
6h Comments
Page 8 of 12
PCN Form — Version 1 3 December 10 2008 Version

E
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1
Diffuse Flow Plan
1a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1 b
If yes then is a diffuse flow plan included? If no explain why
❑ Yes ❑ No
Comments
2
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
46%
2b
Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c
If this project DOES NOT require a Stormwater Management Plan explain why
2d
If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
A Stormwater Management Plan was submitted and approved in Water Quality Certification (DWQ# 2011 0582)
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
® DWQ Stormwater Program
❑ DWQ 401 Unit
3
Certified Local Government Stormwater Review
3a
In which local government s jurisdiction is this project?
Davidson County
❑ Phase II
3b
Which of the following locally implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
® Water Supply Watershed
❑ Other
3c Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a
Which of the following state implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
5
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b
Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
Page 9 of 12
PCN Form — Version 1 3 December 10 2008 Version

F Supplementary Information
1 Environmental Documentation (DWQ Requirement)
la Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
lb If you answered yes to the above does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c If you answered yes to the above has the document review been finalized by the
State Clearing House? (If so attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter )
Comments
2 Violations (DWQ Requirement)
2a Is the site in violation of DWQ Wetland Rules (15A NCAC 2H 0500) Isolated
Wetland Rules (15A NCAC 2H 1300) DWQ Surface Water or Wetland Standards
® Yes ❑ No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b Is this an after the fact permit application?
® Yes ❑ No
2c If you answered yes to one or both of the above questions provide an explanation of the violation(s) During a site visit
on February 8 2012 with Sue Homewood of NCDWQ s Winston Salem Regional Office it was noted that a jurisdictional
wetland was inadvertently filled beyond the limits of impact approved in the 401 Water Quality Certification (DWQ #11 0582)
NCDWQ issued a Notice of Violation (NOV) on February 29 2012 (NOV 2012 PC 0065) for non permitted impacts to 0 48
jurisdictional wetlands This is an after the fact permit to resolve the NOV
3 Cumulative Impacts (DWQ Requirement)
3a Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development which could impact nearby downstream water quality?
3b If you answered yes to the above submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy If you answered no provide a short narrative description
4 Sewage Disposal (DWQ Requirement)
4a Clearly detail the ultimate treatment methods and disposition (non discharge or discharge) of wastewater generated from
the proposed project or available capacity of the subject facility
This project does not involve wastewater discharges
Page 10 of 12
PCN Form — Version 1 3 December 10 2008 Version

5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
❑ Raleigh
5c If yes indicate the USFWS Field Office you have contacted
® Asheville
5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Obtained an updated list of federally protected species from the U S Fish and Wildlife Service ( USFWS) website
(http / /nc es fws gov /es /countyfr html) on May 16 2011
North Carolina Natural Heritage Program (NCNHP) GIS coverages and database search
Requested review and comment from the USFWS on any possible issues that might emerge with respect to federally
protected species (dated March 24 2011)
Received concurrence letter from the USFWS dated May 19 2011
6 Essential Fish Habitat (Corps Requirement)
6a Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Fisheries Essential Fish Habitat GIS coverage
7 Historic or Prehistoric Cultural Resources (Corps Requirement)
7a Will this project occur in or near an area that the state federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e g National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b What data sources did you use to determine whether your site would impact historic or archeological resources?
State Historic Preservation Office (SHPO) National Register listed properties GIS coverage and database search
Requested review and comment from SHPO on any possible issues that might emerge with respect to archaeological or
cultural resources (dated March 24 2011)
Received concurrence letter from the SHPO dated April 4 2011
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA designated 100 year floodplain?
® Yes ❑ No
8b If yes explain how project meets FEMA requirements The project is located outside of the Non Encroachment area in
the floodplain fringe will not impact BFE and therefore the CLOMR is not required A CLOMR for the original site
improvements was obtained therefore LOMR upon the Project completion shall include the floodplain amendment
evoked by this portion of the project
8c What source(s) did you use to make the floodplain determination? Flood Insurance Rate Maps FIRM 3710664600E
Page 11 of 12
PCN Form — Version 1 3 December 10 2008 Version

Enc Mularski M 3/8/2012
Applicant/Agent s Printed Name pplican ent s Signature Date
(Agents signature is an a aalyA an authouzat*n4ette the applicant
is provid ed
Page 12 of 12
PCN Form — Version 1 3 December 10 2008 Version

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