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HomeMy WebLinkAbout20130732 Ver 1_Public Notice_2013072913 - O'13a. PUBLIC NOTIC IN:R:. :WtT 9 20;3 US Army Corps 4 WAIJTY Of Engineers t ► , wate, Branch Wilmington District Issue Date: July 25, 2013 Comment Deadline: August 16, 2013 Corps Action ID #: SAW- 2013 -00433 The Wilmington District, Corps of Engineers (Corps) has received an application from Norfolk Southern Railway Company seeking Department of the Army authorization to impact 1,807 linear feet of stream channel associated with construction of an Intermodal Facility at the Charlotte International Airport, in Charlotte, Mecklenburg County, North Carolina. Specific plans and location information are described below and shown on the attached plans. This Public Notice and all attached plans are also available on the Wilmington District Web Site at http:// www .saw.usace.army.mil /missions/Re ug_latoo PermitPro rg am.aspx Applicant: Mr. Jack Mclain Norfolk Southern Railway Company 1200 Peachtree Street NE Atlanta, Georgia 30309 AGENT (if applicable): Authority Mr. Clement Riddle C1earWater Environmental Consultants, Inc. 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 The Corps will evaluate this application and decide whether to issue, conditionally issue, or deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act (33 U.S.C. 1344). Location The site for the proposed facility is located at the Charlotte International Airport, specifically on the north and south side of the airport's new parallel runway, in Charlotte, Mecklenburg County, North Carolina. General latitude and longitude coordinates for the facility are: 35.19806 °N and - 80.96528° W. Existing Site Conditions The facility is located in an area that has been previously disturbed due to on -going construction activities at the Charlotte International Airport. The project site is located within the Piedmont A-i physiographic region of North Carolina and more specifically the Southern Outer Piedmont Ecoregion. Soils are characterized by deep saprolite and mostly red, clayey subsoils. Soil series present on the site include Cecil, Cecil -Urban Land complex, Helena, Mecklenburg, Pacolet, and Vance. The impacted streams are first order headwater tributaries of Beaverdam, Coffey and Ticer Creeks, which are in the Catawba River basin (HUC Codes 03050101 and 03050103) and flow ultimately into the Catawba River or Lake Wylie. Like all other North Carolina waters, Beaverdam, Coffey and Ticer Creeks, are on the North Carolina list of impaired streams (303(d) List) for mercury, but are not listed for other impairments. The stream channels proposed for impact were previously identified during the review of the permit application associated with the expansion of the Charlotte International Airport. During this review, a majority of the proposed stream channels to be impacted by this current project were identified as intermittent with little to no aquatic functions and were classified as Poor to Fair Quality (Wilmington District Stream Mitigation Guidelines, April 2003). However, there was a portion of Impact #4 (approximately 418 linear feet) that was identified as intermittent and displaying important aquatic functions and would be considered Good Quality. Applicant's Stated Purpose The purpose of the project is to construct an intermodal facility and associated infrastructure that will meet interstate rail transportation demand, including demand for rail /truck intermodal transportation in the Charlotte region. Project Description The applicant proposes to construct, own, and operate a new intermodal facility (IMF) known as the • Charlotte Douglas Airport Intermodal Facility (Charlotte IMF) to increase freight transportation capacity in the Charlotte, North Carolina region and to meet current and future demands for freight transportation to and from locations served by the Norfolk Southern railroad network. An IMF is a facility where freight is transferred from one transportation mode to another and in the case of this proposal, between trains and trucks, which can efficiently deliver freight over long distances. Intermodal transportation provides for domestic and worldwide freight to be transported in sealed containers or trailers directly from shippers to warehouses, retail stores, plants, and other businesses. Intermodal trains provide the "long- haul" while trucks provide the local delivery and pick -up ( "short- haul "). To meet operational requirements, the primary components needed for the IMF are: • Double lead to connect the facility to the Norfolk Southern main track. • A 13,977' running track parallel to the main track. • A 9,426' switching track parallel to the main track. • A 4,806 set -off track for through- trains to set -off and pick up rail cars destined for the facility. -2- • Three pad tracks totaling 13,225' for transferring trailers and containers from rail cars to trucks. • Seven storage tracks providing 21,065' of storage. • Engine track for storage of rail cars. • Paved areas for approximately 1,353 trailer parking spaces. • Several small administration, maintenance, and operations buildings located on the support yard pad necessary for transportation operations, security, and maintenance; and • Equipment maintenance pad with spill control, stormwater management features and related facilities. In April 2012, Norfolk Southern began construction of the Charlotte IMF on property leased from Charlotte Douglas International Airport ( "CLT") under Department of the Army Section 404 Permit Number 2006 - 32521 -360, issued to CLT originally on March 27, 2007 and modified and reissued on June 15, 2009, for the expansion of the airport (the "Airport Permit "). The permit authorizes the placement of fill into 22,559 linear feet of streams, 1.148 acres of wetlands, and 7.522 acres of ponds. When construction of the Charlotte IMF commenced, Norfolk Southern believed that all waters of the United States that would be impacted by the project were included in the impact area of the Airport Permit. In March 2013, Norfolk Southern discovered that approximately 1,807 linear feet of tributaries within the project boundaries were not included in the impact area of the Airport Permit. Norfolk Southern reported this discrepancy immediately to the North Carolina Division of Water Quality of the North Carolina Department of Environment and Natural Resources and to the Ashville Field Office of the Wilmington District of the U.S. Army Corps of Engineers, and met in person with representatives of these agencies very soon thereafter. This permit application is being submitted for the areas within the project boundaries of the Charlotte IMF that include approximately 1,807 feet of tributaries, including: 1) approximately 1,561 linear feet of tributaries of Beaverdam Creek at the southern end of the Charlotte IMF; 2) an area at the northwestern end of the Charlotte IMF that contains 207 feet of culvert extensions on unnamed tributaries of Ticer Creek; and 3) an area at the northeastern end of the Charlotte IMF that contains a 39 foot culvert extension on an unnamed tributary of Coffey Creek. The impacts are further outlined in the table below. The areas that contain the newly discovered impacts are referred to herein collectively as the Permitted Area. The Permitted Area is an integral and inseparable part of the Charlotte 11VIF. The southern part of the Permitted Area will contain the south end of the craneway used to transfer containers from trucks to trains and vice versa. It will also contain the southern part of the loading and unloading tracks. In the northern parts of the Permitted Area, the culvert extensions were installed for the purpose of building side tracks to provide an interface between the Norfolk Southern mainline and the Charlotte IMF and to provide critical rail -based structures for operation of the IMF, including storage tracks, switching tracks, and a parallel running track. -3- Table 1: Impact Table for Charlotte IMF Stream Channel Impact # Linear Feet Impact #1 57 Impact #2 150 Impact #3 39 impact #4 1,561 Total 1,807 Norfolk Southern proposes to compensate for impacts by payment into the in -lieu fee program known as the North Carolina Ecosystem Enhancement Program (EEP). The applicant is proposing mitigation at a 1:1 ratio. By letter dated May 14, 2013, the EEP notified the applicant that they can provide mitigation for impacts to 1,807 feet of stream channel. Essential Fish Habitat Pursuant to the Magnuson- Stevens Fishery Conservation and Management Act, this Public Notice initiates the Essential Fish Habitat (EFH) consultation requirements. The Corps' initial determination is that the proposed project would not effect EFH or associated fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils or the National Marine Fisheries Service. Cultural Resources Pursuant to Section 106 of the National Historic Preservation Act of 1966, Appendix C of 33 CFR Part 325, and the 2005 Revised Interim Guidance for Implementing Appendix C, the District Engineer consulted district files and records and the latest published version of the National Register of Historic Places. The proposed work takes place in an area known to have the potential for the presence of prehistoric and historic cultural resources; however, the area has not been formally surveyed for the presence of cultural resources. No sites eligible for inclusion in the National Register of Historic Places are known to be present in the vicinity of the proposed work. Additional work may be necessary to identify and assess any historic or prehistoric resources that may be present. The District Engineer's final eligibility and effect determination will be based upon coordination with the SHPO, as appropriate and required, and with full consideration given to the proposed undertaking's potential direct and indirect effects on historic properties within the Corps - indentified permit area. Endangered Species Pursuant to the Endangered Species Act of 1973, the Corps reviewed the project area, examined all information provided by the applicant and consulted the latest North Carolina Natural Heritage Database. Based on available information, the Corps determines that the proposed -4- project would not affect federally listed endangered or threatened species or their formally designated critical habitat. Other Required Authorizations The Corps forwards this notice and all applicable application materials to the appropriate State agencies for review. North Carolina Division of Water Ouality ( NCDWO): The Corps will generally not make a final permit decision until the NCDWQ issues, denies, or waives State Certification required by Section 401 of the Clean Water Act (PL 92 -500). The receipt of the application and this public notice combined with appropriate application fee at the North Carolina Division of Water Quality Central Office in Raleigh constitutes initial receipt of an application for a 401 Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on this request for certification within sixty days of the date of the receipt of this notice in the NCDWQ Central Office. Additional information regarding the Clean Water Act Certification may be reviewed at the NCDWQ Central Office, Wetlands, Buffers, Stormwater Compliance and Permitting Unit, 512 North Salisbury Street, Raleigh, North Carolina 27604 -2260. All persons desiring to make comments regarding the application for certification under Section 401 of the Clean Water Act should do so, in writing, by August 16, 2013 to: NCDWQ Central Office Attention: Ms. Karen Higgins (LISPS mailing address): 1650 Mail Service Center, Raleigh, NC 27699 -1650 Or, (physical address): 512 North Salisbury Street, Raleigh, North Carolina 27604 Evaluation The decision whether to issue a permit will be based on an evaluation of the probable impacts including cumulative_ impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production, mineral needs, considerations of property ownership, and, in general, the needs and welfare of the people. For activities involving the discharge of dredged or fill materials in waters of the United States, the evaluation of the impact of the activity on the public interest will include application of the Environmental Protection Agency's 404(b)(1) guidelines. -5- Commenting Information The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies and officials, including any consolidated State Viewpoint or written position of the Governor; Indian Tribes and other interested parties in order to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by the Corps of Engineers to determine whether to issue, modify, condition or deny a permit for this proposal. To make this decision, comments are used to assess impacts on endangered species, historic properties, water quality, general environmental effects and the other public interest factors listed above. Comments are used in the preparation of an Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act (NEPA). Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider the application. Requests for public hearings shall state, with particularity, the reasons for holding a public hearing. Requests for a public hearing shall be granted, unless the District Engineer determines that the issues raised are insubstantial or there is otherwise no valid interest to be served by a hearing. Written comments pertinent to the proposed work, as outlined above, will be received by the Corps of Engineers, Wilmington District, until 5pm, August 16, 2013. Comments should be submitted to Ms. Amanda Fuemmeler, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, North Carolina, 28801 -5006. -6- Norfolk Southern Intermodal Facility b %J I'd WAMSOR Blvd boom Olt, 840 V,4 Disturbed Area h b2l, 'r� t;, A � is-Ili Int'l Airpott itiv 0 160 bt IN 4*-Z K OJI0 Legend 0 0 SaptonROV 160 .25 0.5 1 Disturbed I i 1T5iiRTTn I L -- - 1, Di bd A - 0 Miles Drawn by RLN 04.01.13, Project# 703 Mecklenburg County, a-earMter Site Vicinity North Carolina Figure 1 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 Norfolk Southern Intermodal Facility »tom � -i �' s..--f � _ � ,• • It9ii S� ��`:x�.. � ��y � r � ,a+�-,+'�` t , - - �(i" •' f q �n s ���� ittf U%ltAtltR4�T Disturbed Area �4` Aft V*,Cb zz • • t , 4 s S f •1► i j y • _ v t, , •��' � ��,,,��'� -- '� asp," J 9'- • r. A'�'w,.�'�'- ""�� �t n� —'"!. - ,.� - `•- a,q�' ,, • • � A.,_,,,,!S � �.� / -' Ito �� - �_.r Y j � c ,'1d `�'� ,� � .% ��� � ; �� -tom _, I - +.,_ {• y,! ' '�� - - �°�,�`' r � -'r� � r'"'�,V �i�'r` -.J' a Ali Legend - {?ut ' �.� ' -' ff ` , A 0 1,000+ 2,000 4,000 ' { Disturbed Area Feet w i. .k ,-°s ..� - •. - �„�� • 1 - f , i • Mecklenburg County, V Vaber USGS Topographic Map Ty' Charlotte West Quad North Carolina 224 South Grove Street, Suite F Figure 2 Hendersonville, North Carolina 28792 Norfolk Southern Intermodal Facility n Impact #2 - Impad #1 57 LF 4 \ 1 • = Y Impact #3 39 LF �.r Y if I' c S e a ® a i _ _ 4 � a e s ! Ir } jj ( ail • Y ,r- . - :; Legend a „ Norfolk Southern Impacts Streams 0-A Open Water N mpact #4 ~ Wetlands 1,561 LF ' -+--�� Existing Railroad Disturbed Area 0 5001,000 2,000 '• �J Feet �s b R t14 15 13 C C I�roJstti� it1: Mecklenburg County, CLpa - A Ler Impact Map Overview North Carolina 224 south Grove 'treet, Suite F Figure 4 (Key Sheet) Hendersonville, North Carolina 28792 U.S. ARRAY CORPS OF ENGINEERS APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. EXPIRES: 28 FEBRUARRY Y 2 20 013 3 33 CFR 325. The proponent agency is CECW CO -R. Pubis; reporting for this coledion of Information is sstimaled to average 71 hours per response, including the time for reviewing Instructions, searching existing data sources, gathering and maintaining the date needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Offxx of Management end Budget, Paperwork Reduction Project (0710. 0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subfecl to any penalty for failing to comply with a collection of information it 11 does not display a currently valid OMB control number. Please DD NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Ad, Section 10, 33 USC 403; Clean Water Ad, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320.332 Principal Purpose: Information provided on Otis form will be used in evaluating the application for a permit Routine Uses: This iMonnagon may be shared with the Department of Justice and other federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. Dne set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings andbr Instructions) and be submitted to the District Engineer having Jurisdiction over the location of the proposed activity. An application that Is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION ND. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW rO BE FILLED 0YAPPUCAN17 5. APPLICANTS NAME 8. AUTHORIZED AGENTS NAME AND TITLE (agent Is not required) First - Jack Middle - Last - McLain First - R Middle - Clement Last - Riddle Company - Norfolk Southern Railivay Company Company - ClearWater Environmental Consultants, Inc. E-mail Address- Jack.Mclainfa?nscorp.com E-mail Address - clemen actvenv.com 6. APPLICANTS ADDRESS: 9. AGENTS ADDRESS: Address- 1200 Peachtree Street NE Address- 224 South Grove Street, Suite F City - Atlanta State - GA ZIP-30309 Country-USA City - Hendersonville State - NC tip - 28792 Country -USA 7. APPLICANTS PHONE NOs. WAREA CODE 10. AGENTS PHONE NO& WAREA CODE a. Residence b. Business c. Fax a. Residence b. Business c. Fax 404 -529- 1331 404 -529 -1371 828 -698 -9800 STATEMENT OF AUTHORIZATION I1. i hereby authorize. to ad In my behalf as my agent in the processing of this application and to furnish, upon request, suloplemental Infornatiam in support of this perm p6ca0on 9. 7//// ? S11135NATURE OF APKjCANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME DR TITLE (see instructions) Norfolk Southern Railway Company Charlotte lntermodal Facility (IMF) Culvert extension and stream impacts 13. NAME OF WATERBODY, IF KNDV4W (if applicable) 14. PROJECT STREET ADDRESS f 8 applicable) UTs to Beaverdam, Coffey, and Ticer Creeks Address West Blvd 15. LOCATION OF PROJECT Latitude: •N 35.19806 Longitude: -W - 80.96528 (see attach) City - Charlotte Stale- t� Dp 28219 16. OTHER LOCATION DESCRIPTIONS, IF KNDVM (see Instructions) % Stale Tax Parcel ID 14113125, 11310104, 11309119 Municipally City of Charlotte �O Section - Township - Range - IJ? ENG FORM 4345, OCT 2012 PREVIOUS EDITIDNS ARE OBSOLETE Page 1 of 3 17. DIRECTIONS TO THE SITE The Charlotte IMF is located on the west side of the Charlotte Douglas Intemational Airport WILT) and immediately north of West Boulevard. The Charlotte IMF includes areas north of West Boulevard and continues to the existing railroad tracks on the north end of [lie airport. (See Figures I and 2.) 18. Mature of Activity (Description of project, Include all features) See attached narrative. 1t?. Project Purpose (Describe the reason or purpose of the project see instructions) See attached narrative. USE BLOCKS 20.231F DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Dlscharge See attached narrative. 21. Type(s) of Material Being Dlschwged and the Amount of Each Type In Cubic Yards: Type Type Type Amount in Cubic Yams Amount In Cubic Yards Amount In Cubic Yards Culvert in 1,807 linear feet of stream Clean fill approximately 3,500 cubic yards See attached narrative 22. Surface Area In Acres of Wetlands or Doter Waters Filled (see Instructions) Aries 0.00 or Linear Feet 1.807 linear feel of stream 23. Description of Avoidance, Mlnlmlzallom and Compensation (see Instructions) See attached narrative. ENG FORM 4345, OCT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? oYes CDNo IF YES, DESCRIBE THE COMPLETED WORK All work discussed in the permit application has been completed. 25. Addresses of Adjoining Property Owners, Lessees, Etc, Whose Property Adjoins the Waterbody fir MM Than Can beenlered has aeaio ono& a &4VeTi =1l.sll a Address- Jack Christine, Charlotte Douglas International Airport, Post Office Box 19066 City - Charlotte State - NC Zip - 28219 b Address - City - State - Zip c. Address - City - Slate - Zip - d. Address - City - State - Zip - e. Address - City - Stale - Zip - 26. List of Other Certificates or ApprovalsiDenlals received from other Federal. State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL• IDENTIFICATION DATE APPUEO DATE APPROVED DATE DENIED NUMBER NC DWQ 401 concurrently pending NC EEP mitigation May 14, 2013 NCDLR Sediment and erosion see attached narrative City of Charlotte Storm -water LDX -2013 -00022 June 4, 2013 'Would Include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this Information In this application Is compley and accurate. I further certify that I possess the authority to undertake the work described herein as the duly authorized agent of the apple t (ry- (ICJ /.'fX_I/ f ,fi � (� � � _ l �1 ? G TU E OF AP /RC�ANT SIGNATURE OF AGENT DATE e Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent If the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the united States knowingly and willfully falsifies, conceals, or covers up any trick. scheme, or disguises a material fad or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shad be fined not more than $10,000 or imprisoned not more than five years or both ENG FORM 4345, OCT 2042 Page 3 of 3 ENG FORM 4345 ATTACHMENT: APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT NORFOLK SOUTHERN RAILWAY COMPANY This attachment includes additional narrative to complete the enumerated sections of the application and supplemental information for agency decision - making for this application. 15. Locations of Project Lat/Long of Culvert Extension 1 35.22934N -80.96921W Lat/Long of Culvert Extension 2 35.23017N - 80.96516W Lat/Long of Culvert Extension 3 35.22699N - 80.94144W Lat/Long of Center of Filled Area 4 35.19806N - 80.96528W 18. Nature of Activity (Description of project, include all features) Norfolk Southern Railway Company (Norfolk Southern) proposes to construct, own, and operate a new intermodal facility (IMF) known as the Charlotte Douglas Airport Intermodal Facility (Charlotte IMF) to increase freight transportation capacity in the Charlotte, North Carolina region and to meet current and future demands for freight transportation to and from locations served by the Norfolk Southern railroad network. An IMF is a facility where freight is transferred from one transportation mode to another — in this case, between trains and trucks — to efficiently deliver freight over long distances. Intermodal transportation provides for domestic and worldwide freight to be transported in sealed containers or trailers directly from shippers to warehouses, retail stores, plants, and other businesses. Intermodal trains provide the "long -haul" while trucks provide the local delivery and pick -up ( "short- haul "). To meet operational requirements, the primary components needed for the IMF are: ■ Double lead to connect the facility to the Norfolk Southern main track. ■ A 13,977' running track parallel to the main track. • A 9,426' switching track parallel to the main track. • A 4,806 set -off track for through- trains to set -off and pick up rail cars destined for the facility. • Three pad tracks totaling 13,225' for transferring trailers and containers from rail cars to trucks. ■ Seven storage tracks providing 21,065' of storage. • Engine track for storage of rail cars. • Paved areas for approximately 1,353 trailer parking spaces. ■ Several small administration, maintenance, and operations buildings located on the support yard pad necessary for transportation operations, security, and maintenance; and ■ Equipment maintenance pad with spill control, stormwater management features and related facilities. In April 2012, Norfolk Southern began construction of the Charlotte IMF on property leased from Charlotte Douglas International Airport ( "CLT") under Department of the Army Section 404 Permit Number 2006 -32521 -360, issued to CLT originally on March 27, 2007 and modified and reissued on June 15, 2009, for the expansion of the airport (the "Airport Permit "). The permit authorizes the placement of fill into 22,559 linear feet of streams, 1.148 acres of wetlands, and 7.522 acres of ponds. When construction of the Charlotte IMF commenced, Norfolk Southern believed that all waters of the United States that would be impacted by the project were included in the impact area of the Airport Permit. (See Figure 3.) In March 2013, Norfolk Southern discovered that approximately 1807 linear feet of tributaries within the project boundaries were not included in the impact area of the Airport Permit. Norfolk Southern reported this discrepancy immediately to the North Carolina Division of Water Quality ( "DWQ ") of the North Carolina Department of Environment and Natural Resources and to the Ashville Field Office of the Wilmington District of the U.S. Army Corps of Engineers ( "USACOE" or "Corps. "), and met in person with representatives of these agencies very soon thereafter. This permit application is being submitted for the areas within the project boundaries of the Charlotte IMF that include approximately 1807 feet of tributaries, including: 1) approximately 1561 linear feet of tributaries of Beaverdam Creek at the southern end of the Charlotte IMF; 2) an area at the northwestern end of the Charlotte IMF that contains 207 feet of culvert extensions on unnamed tributaries of Ticer Creek; and 3) an area at the northeastern end of the Charlotte IMF that contains a 39 foot culvert extension on an unnamed tributary of Coffey Creek. (See Figure 4.) The areas that contain the newly discovered impacts are referred to herein collectively as the Permitted Area. The Permitted Area is an integral and inseparable part of the Charlotte IMF. The southern part of the Permitted Area will contain the south end of the craneway used to transfer containers from trucks to trains and vice versa. It will also contain the southern part of the loading and unloading tracks. In the northern parts of the Permitted Area, the culvert extensions were installed for the purpose of building side tracks to provide an interface between the Norfolk Southern mainline and the Charlotte IMF and to provide critical rail -based structures for operation of the IMF, including storage tracks, switching tracks, and a parallel running track. 19. Project Purpose The primary purpose of the Charlotte IMF is to meet interstate rail transportation demand, including demand for rail/truck intermodal transportation in the Charlotte region. The Charlotte IMF will take advantage of the flexibility of using trucks for more localized pickups and deliveries and the efficiency and environmental benefits of trains for long haul moves. Construction of the Charlotte IMF at CLT will enhance Charlotte's existing mix of air, truck, logistics and distribution facilities. The location of the Charlotte IMF at the CLT minimizes the impact of the project by utilizing existing infrastructure for nearby existing transportation facilities. The primary truck access for the Charlotte IMF will be a new 1 -485 interchange less than a mile away via a section of West Boulevard, which has was relocated as part of a CLT runway construction project. Each shipment handled at the Charlotte IMF will mean one less long - distance truck traveling on highways in North Carolina and other states, as with similar Norfolk Southern intermodal facilities in other southeastern regions. Construction of the Charlotte IMF began on or around April 16, 2012 and is expected to be completed in December 2013. It has been designed to accommodate 2 current needs for additional IMF capacity and to allow expansion as additional capacity becomes necessary in the future. Norfolk Southern currently operates a Charlotte intermodal facility approximately one mile northeast of downtown Charlotte. The existing facility currently is constrained by physical and operational limitations. In addition, area roadway congestion hampers efficient ingress and egress to the facility. The new IMF will address the additional demand for intermodal capacity into the foreseeable future. The Permitted Area is an integral and necessary part of the Charlotte IMF without which the project cannot be completed. The discharges of fill in the southern part of the Permitted Area were part of the land clearing and leveling required for construction of the Charlotte IMF. This area will contain the south end of the craneway used to transfer containers from trucks to trains and vice versa and the southern part of the loading and unloading tracks, both of which are critical components of the Charlotte IMF. The culvert extensions within the Permitted Area were installed for the purpose of building side tracks to allow temporary storage of rail cars to be loaded and unloaded at the IMF and for switch tracks and a parallel running track. The project cannot be operated without these integral components. 20. Reasons for Discharge The Airport Permit was intended to cover all areas that would be affected by CLT's construction as well as construction of the IMF. However, when construction of the Charlotte IMF began, it was determined that the Permitted Area was not within the area of the Airport Permit, but Norfolk Southern was not aware of this omission. This inadvertent omission is believed to have resulted, at least in part, by the relocation of West Boulevard to its existing alignment to the south of its original location and the fact that the area between the old alignment and the new alignment was not included in the area covered by the Airport Permit because of an oversight. Likewise, the three culvert extensions in the northern part of the Permitted Area were constructed in the belief they were within the scope of the Airport Permit, which addressed the fill of Waters of the United States in the vicinity of the culverts. 21. Types of Material Discharged and Amount of Earth in Cubic Yards Type of fill: 1,807 linear feet of culvert and approximately 3,500 cubic yards of clean fill material. Primarily native soils from Charlotte IMF site and adjacent CLT projects. 22. Surface Area in Acres of Wetlands or Other Waters Filled The impacts permitted in the Airport Permit include impacts associated with development within the Permitted Area of the IMF include fill deposited in unnamed tributaries to Beaverdam Creek, unnamed tributaries to Ticer Creek, and unnamed tributary to Coffey Creek. There are approximately 1,807 linear feet of impacted stream, as follows (Figure 4): Impact Linear Feet Culvert Extension 1 57 Culvert Extension 2 150 Culvert Extension 3 39 Tributaries 1,561 Total 1,807 3 23. Description of Avoidance, Minimization and Compensation. Avoidance and Minimization of Environmental Impacts - The location of the Charlotte IMF, within an area already impacted by substantial existing and planned airport construction and expansion, minimizes impacts on the natural environment, including wildlife. The existing airport facilities have reduced the desirability of the area for wildlife because of noise, human presence and other effects. Placing the IMF within the already affected area will therefore minimize and avoid additional impacts from the construction and operation of the IMF in another, less impacted area. Given the purposes of the IMF - which must accommodate interstate freight rail, including trains of up to 9,000 feet in length, loading and unloading machinery, and locations for cargo trailers - the options for further minimization and avoidance while meeting the project purpose and need are limited. In addition, to meet the purpose and need for the project, the location of the IMF must be in close proximity to existing Norfolk Southern mainline tracks. Compensation - Norfolk Southern proposes to compensate for impacts in the Permitted Area by payment into the North Carolina Ecosystem Enhancement Program (EEP), which is an "in -lieu fee" mitigation program established by the North Carolina Department of Environment and Natural Resources (NCDENR), in accordance with the ACOE/EPA rules regarding Compensatory Mitigation for Losses of Aquatic Resources. 73 Fed. Reg. 19594 (April 10, 2008.) ( "2008 Mitigation Rule. ") By letter dated May 14, 2013, the EEP conditionally approved Norfolk Southern's participation in the EEP program, which would allow Norfolk Southern to pay the EEP in mitigation for impacts to 1,807 feet of stream impacts in the Permitted Area. (See Attachment 1.) The Mitigation will be performed in accordance with the NCDENR's Ecosystem Enhancement Program In -Lieu Fee Instrument dated July 28, 2010, which was approved in accordance with the 2008 Mitigation Rule. Final approval of participation in the EEP program by Norfolk Southern for this project is conditioned upon approval of this application by ACOE and other applicable permitting agencies. The required amount of mitigation is also subject to agency approval. 24. Work Completed The 1,807 feet of streams in the Permitted Area, as described in Section 22, above, have been filled in the construction of the Charlotte IMF. In addition, the stream, wetland and open water impacts described in paragraph 18 that were originally permitted by the Airport Permit have been filled. The inadvertent omission of the stream impacts in the Permitted Area is believed to have resulted, at least in part, by the relocation of West Boulevard to its existing alignment to the south of its original location and the fact that the area between the old alignment and the new alignment was not included in the area covered by the Airport Permit because of an oversight. Likewise, the three culvert extensions in the northern part of the Permitted Area were constructed in the belief they were within the scope of the Airport Permit, which addressed the fill of Waters of the United States in the vicinity of the culverts. 4 25. Names and Addresses of Adjoining Property Owners. The adjoining property owners and their addresses are as follows: Charlotte Douglas International Airport Attn: Jack Christine, City of Charlotte, N.C. PO Box 19066 Charlotte, NC 28219 26. Denials or Approvals from Other Agencies Simultaneously with this application, application is made to the North Carolina Division of Water Quality (DWQ) for the North Carolina 401 Water Quality Certification, pursuant to Section 401(a) of the Federal Clean Water Act, 33 U.S.C. § 1341(a). As a condition of the 401 Certification, Norfolk Southern received approval on June 4, 2013 for Intermodal Water Quality BMP Treatment Plan LDX- 2013 -00022 for the Permitted Area from the City of Charlotte. A copy of this approval is being sent to DWQ. The North Carolina Ecosystem Enhancement Program (EEP) is an "in -lieu fee" mitigation program established by the North Carolina Department of Environmental and Natural Resources, in accordance with the ACOE/EPA rules regarding Compensatory Mitigation for Losses of Aquatic Resources. 73 Fed. Reg. 19594. (April 10, 2008.) By letter dated May 14, 2013, the EEP conditionally approved Norfolk Southern's participation in the EEP program, which would allow Norfolk Southern to pay the EEP in mitigation for impacts to 1,807 feet of stream impacts in the Permitted Area. (See Attachment 1.) Final approval of participation in the EEP program by Norfolk Southern for this project is conditioned upon approval of this application by ACOE and other applicable permitting agencies. The required amount of mitigation is also subject to agency approval. 27. See permit application Eng. Form 4345 SUPPLEMENTAL INFORMATION This document supplements the information required by the foregoing "Application for Department of the Army Permit," ENG Form 4345, including information for use in determining how the proposed action satisfies applicable Section 404(b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material, 40 C.F.R. Part 230, to the extent the Guidelines criteria are not addressed in the text of Form 4345. 1. Alternatives Analysis for Charlotte IMF, including the Permitted Area NS considered four alternatives to siting the Charlotte IMF at the CLT site: 1) no- action; 2) expansion of existing intermodal facility downtown Charlotte, N.C., at 1803 North Brevard Street; 3) alternative location; and 4) proposed project at the CLT location. They are described as follows: a) No Action 5 Norfolk Southern has experienced an increasing demand for intermodal shipments in the Charlotte area and projects that this demand will grow to approximately 250,000 truck -to -train movements annually by 2019. The existing Norfolk Southern intermodal facility, located approximately one mile northeast of downtown Charlotte, has an efficient capacity of approximately 120,000 annual units, which has been frequently exceeded in the 12 years since planning for the current project began. The consequence of exceeding the current capacity is that service to customers has not been efficient or cost - effective and has required the use of four off -site trailer parking lots to supplement the capacity of the existing facility, which has resulted in truck traffic in the area. Under the no- action alternative, Norfolk Southern would not be able to sufficiently increase its capacity to handle intermodal shipments to meet demand and thus would not be able to realize the increase in efficiency provided by the IMF. While the no- action alternative would cause minimal to no impacts to wetlands, streams and other waters, the benefits of the project would not be achieved. b) Expand Existing IMF The existing Norfolk Southern intermodal facility in downtown Charlotte, N.C., at 1803 North Brevard Street is surrounded on the west by a railroad yard needed to support other, non - intermodal rail traffic in the Charlotte area, and on the other three sides by residential and commercial development. In order to construct the Expand Existing alternative, Norfolk Southern would need to purchase and demolish several surrounding commercial and residential properties, which would cause substantial impacts to residential and commercial uses and would be unnecessarily costly, if available. Initial review of necessary demolition, construction, access and land availability indicated that significant feasibility and cost - effectiveness issues exist for the expansion of the existing facility. Because of the physical constraints, impacts and cost, this alternative was determined to not be the preferred alternative. c) Alternative Location Norfolk Southern considered alternative locations for developing an intermodal facility along the existing rail line to eliminate environmental impacts associated with constructing the new Charlotte IMF. To meet the purpose and need of the IMF, alternative locations must be located in close proximity to the existing mainline, have suitable space to accommodate trains of up to 9,000 feet in length, have room for associated truck and trailer movement and parking, be proximate to highways and other infrastructure, all while minimizing the impact of the operation of the IMF. No alternate locations exist along the existing line that offer the benefits of the location of the Charlotte IMF site with the comparative lack of environmental and social impacts from locating on the CLT property. The Charlotte IMF site utilizes an area on CLT property between airport runways which does not involve condemnation of private properties, the displacement of homes or businesses or zoning changes. The proximity to airport operations with the existing noise and human presence associated with airline operations also means impacts to wildlife and human habitation will be less than for alternative locations in the Charlotte area. It has therefore been determined that there are no feasible alternative locations. d) Proposed Facility Construction of the Charlotte IMF will enhance Charlotte's existing mix of air, truck, logistics, and distribution facilities and is consistent with continued growth in the area and with regional economic goals. Charlotte is one of the United States' fastest growing metropolitan areas and the CLT is one of the busiest airports in the country. Norfolk Southern has determined that providing additional intermodal capacity in other geographic areas would not meet its operational needs and thus could not satisfy the purpose and need of the action. Increased intermodal capacity is needed in the Charlotte region, a market that cannot be fully served by intermodal facilities in other regions. The advantages of the proposed location included the following: Increased overall transportation efficiency - An intermodal train can carry the equivalent of several hundred truckloads of freight.' A ton of freight transported by rail travels an average of 469 miles on one gallon of fuel, while a ton of freight transported by a truck requires approximately four times as much fuel to travel the same distance.2 In addition to providing an efficient freight transportation alternative to long -haul trucks, the proposed Charlotte IMF will provide supplemental benefits by of reducing highway congestion and vehicle miles traveled, improving highway safety, and providing energy - efficient and environmentally - friendly freight transportation. Efficient Rail Access - NS's double track mainline through Charlotte passes immediately adjacent to the CLT, which enables the Charlotte IMF to be built next to the mainline by utilizing only Norfolk Southern and CLT property, and to be designed so as to minimize effects on other mainline trains. By using "wye" tracks, triangular shaped arrangements of railway tracks with a switch (point) at each corner from both directions, the mainline can be linked to the proposed IMF with minimal disruption of existing rail traffic, enabling trains carrying containers to be efficiently diverted into the IMF for offloading onto trucks. Efficient Highway Access - The proposed IMF will be sited within one mile of the new I485 interchange via a newly built section of West Boulevard that was relocated in connection with a CLT runway construction project. This proximity to the interchange provides efficient access for trucks to and from the IMF and consequently helps minimize the impacts of traffic on local roads, limits emissions, decreases fuel consumption and increase overall efficiency. Compatible Land Use - The proposed IMF will be located entirely on CLT property to be leased by NS; no other properties will be affected, except for the modifications to Norfolk Southern tracks for ingress and egress to the IMF. The site will be surrounded on three sides by the CLT runways and taxiways and on the fourth by West Boulevard and will not present significant visual disruption to local residents. Moreover, by siting the IMF in proximity to airport runways, impacts to residents and wildlife from additional noise will be minimal. Availability of Additional Property for Expansion - The proposed IMF site next to the CLT contains sufficient property to meet projected Charlotte region intermodal needs for the foreseeable future. 'American Association of Railroads, "Rail Intermodal Keeps America Moving" https: / /www.aar.or ceyissups/DocumentsBackg round- Papers/Raii- Intermodal.Rdf. 2American Association of Railroads, "Freight Rail, Moving More Goods on Less Fuel." http :Hfreightrailworks.org/fuel/. 7 Proximity to the CLT and existing industrial users - The proposed IMF will be close to existing industrial warehousing in the vicinity of the CLT, offering customers additional options for cargo shipments by truck, rail and air. The additional options provide transportation efficiencies that will minimize impacts on roads, human habitation, air emissions and fuel consumption. Avoidance and Minimization of Environmental Impacts - Locating the Charlotte IMF within an area already impacted by substantial existing and planned airport construction and expansion minimizes impacts on the natural environment, including wildlife. The existing airport facilities have reduced the desirability of the area for wildlife because of noise, human presence and other effects. Placing the IMF within the already affected area will therefore minimize and avoid additional impacts from the construction and operation of the IMF in another, less impacted area. Given the purposes of the IMF, which must be a certain length and width for efficient operations, the options for further minimization and avoidance without undue expense and impacts to efficiency are limited. For the reasons set forth above, given the overall scope and cost of the proposed project, the proposed facility is believed to be the best practicable alternative for the Charlotte IMF. 2. Current Characteristics and Conditions of Charlotte IMF and Permitted Area The site of the Charlotte IMF, including the Permitted Area, is currently cleared and graded for construction and the footings and foundations of certain structures have been installed or are currently being installed. The Charlotte IMF site is permitted for construction storm water discharges under North Carolina General Permit No. NCG- 010000, and contains best management practices for storm water and sedimentation control. When construction is completed, the site will contain: 1) structures for the IMF, 2) paved access, and 3) vegetated areas. The project site is located within the Piedmont physiographic region of North Carolina and more specifically the Southern Outer Piedmont Ecoregion. Soils are characterized by deep saprolite and mostly red, clayey subsoils. Soil series present on the site include Cecil, Cecil -Urban Land complex, Helena, Mecklenburg, Pacolet, and Vance. A soils map and legend have been attached for review. (See Figure 5.) The impacted streams are first order tributaries of Beaverdam, Coffey and Ticer Creeks, which are in the Catawba River basin (HUC Codes 03050101 and 03050103) and flow ultimately into the Catawba River or Lake Wylie. Like all other North Carolina waters, Beaverdam, Coffey and Ticer Creeks, are on the North Carolina list of impaired streams (303(d) List) for mercury, but are not listed for other impairments. 3. Federal Environmental Impact Statement and Categorical Exclusion Document. As discussed in the Application for Department of the Army Permit, except for the Permitted Area, the Charlotte IMF is within the area permitted under the Airport Permit (Permit Number 2006 - 32521 -360) that was originally issued to CLT for the expansion of the airport and was modified and reissued July 2009. The Airport Permit permitted impacts to 22,559 linear feet of streams, 1.148 acres of wetlands, and 7.522 acres of ponds. Construction of the Charlotte IMF was intended to be covered by the Airport Permit. Compliance with the National Environmental Policy Act, of 1969 (NEPA), 42 U.S.C. section 4321, et seq., for the Airport Permit was pursuant to a Final Environmental Impact Statement (FEIS) by the Federal Aviation Administration in 1999 for a proposed new parallel runway, runway extensions and associated work. A discussion within the cumulative impacts section of the EIS described the construction of an intermodal facility and associated impacts. Following the 1999 FEIS, the FAA modified Air Traffic Control procedures related to minimum spacing distances between parallel runways forcing a reevaluation of the proposed federal action. In 2006, the FAA approved a written re- evaluation of the FEIS. In the 2006 Written Re- evaluation, the proposed IMF was shown entirely on airport-owned land (or land the airport was in the process of obtaining following the 1999 FEIS) in between the existing runway 18R/36L and the new fourth runway. Following the 2006 written re- evaluation, the City of Charlotte — through its Aviation Department — and Norfolk Southern, reached a preliminary agreement to build an IMF in the vicinity of the CLT to replace Norfolk Southern's existing facility near downtown Charlotte. On September 25, 2008, the Federal Highway Administration issued a Categorical Exclusion document for the Charlotte IMF, which evaluated the need for the proposed IMF, the alternatives for the project and detailed the anticipated environmental impacts. (See Attachment 2.) 4. Potential Impacts to Phvsical and Chemical Characteristics of the Aquatic Ecosystem. The fill material placed in the identified jurisdictional streams in the Permitted Area consists of primarily native soil from the Charlotte IMF and other locations on adjacent CLT property and culverts and French drains. Construction activities were conducted pursuant to Clean Water Act NPDES Permit No. NCG 010000 (storm water general permit) and included required best management practices (`BMPs ") for the project. Consistent with the permit and BMPs, construction may have caused a minimal increase in suspended particulates increased turbidity downstream. Any increase in turbidity is anticipated to be temporary in that proper sediment and erosion control measures during and after construction have been and will continue to be implemented. The discharge of fill material in the Permitted Area and the remainder of the Charlotte IMF is not likely to cause an increase in pollutants within the aquatic ecosystem. The discharge of fill material may have temporarily modified water circulation patterns, velocity and flow, but physical characteristics of the aquatic ecosystem will be stabilized when construction is completed to minimize long term impacts on baseflow. A Stormwater Prevention Plan is in place as required by the General Stormwater Permit and, as a condition of the 401 Certification, Norfolk Southern has submitted and received approval for a Storm Water Treatment Plan for the Permitted Area from the City of Charlotte. (The applicant will be concurrently applying for a Water Quality Certification from the NC Division of Water Quality.) Because the project is located inland and away from tidally influenced waters and wetlands, no changes to the salinity of on -site or adjacent waters is expected. 5. Potential Impacts on Biological Characteristics of the Aquatic Ecosystem. Endangered Species. Surveys for federally protected species were conducted as part of the FEIS. The reviewed area encompassed the Charlotte IMF and the Permitted Area. The US Fish and Wildlife Service (FWS) concurred in their letter dated December 4, 1998 that the project will not affect endangered or threatened species or their habitats. Norfolk Southern contractor ClearWater 0 Environmental Consultants, Inc. ( "ClearWater ") conducted a survey within the proposed project area during the flowering season (September 16 and 21, 2005) for listed species known to occur in Mecklenburg County (Helianthus schweinitair). A copy of the subsequent report was forwarded to the US Army Corps of Engineers (Corps) and FWS in October of 2005. In a letter dated October 27, 2005, the FWS agreed that the proposed project would not adversely affect species listed as threatened or endangered (See Attachment 3). ClearWater conducted an additional survey in September of 2006 along the third runway and Wallace Neel Road areas prior to construction. A copy of the survey results was submitted to the FWS and the Corps in October of 2006. (See Attachment 4). The surveys referred to above, and the FWS approval, encompass the Permitted Area. Wildlife. Activities related to the CLT and surrounding roads limit the amount of wildlife utilizing the area. The minimal loss of forested areas will result in the loss of some wildlife habitat. To the extent wildlife is affected, the effects will be limited to species requiring forest and scrub /shrub habitat. Noise pollution, denuded vegetation, and human activity make this area less desirable for resident and migrant wildlife. While a loss of wildlife habitat for stream- dependent species may have resulted from construction of the project, the proposed mitigation will compensate for any minor loss of habitat. The loss of aquatic organisms in the filled streams includes primarily small fish and amphibians, macroinvertebrates, and aquatic and streamside vegetation. These losses will be replaced by mitigation, as discussed above and in the application form for this Department of the Army Permit. 6. Potential Impacts on Special Aquatic Sites. There are no wetlands or other special aquatic sites located within the Permitted Area for this permit application. Streams within the Charlotte IMF footprint include unnamed tributaries to Beaverdam Creek, unnamed tributaries to Ticer Creek, and unnamed tributary to Coffey Creek. In the Permitted Area, approximately 1,807 linear feet of stream were impacted. 7. Potential Effects on Human Use Characteristics. Construction of the Charlotte IMF, including the Permitted Area will have no material effect on public water supply, recreational and commercial fisheries, or waterborne recreation in or near the Charlotte IMF site. There are no known significant recreational or commercial fishing sites or waterborne recreation areas within the Charlotte IMF footprint or in the vicinity of the site, and any impacts on water quality should not affect downstream commercial or recreational opportunities. Water quality in and downstream of the affected streams will be addressed during construction with a sediment and erosion control plan for construction activities under the North Carolina Storm Water General Permit for the Charlotte IMF construction site, including the Permitted Area. For post - construction activities, water quality will be protected by implementation of a Storm Water Treatment Plan to be approved by the City of Charlotte (as delegated by the State of North Carolina) in connection with the required North Carolina Water Quality Certification. The stormwater treatment plan for the permitted area was approved June 4, 2013. Aesthetically, the Charlotte IMF is consistent with adjacent uses by CLT for runways and aviation - related functions, and should have no significant impact to the visual distinctiveness, diversity or compositional harmony of the area. Moreover, the impacts to waters should have no impact on the aesthetic values to the neighboring property owners. 10 8. Evaluation of Fill Material Soil used as fill material at the Charlotte IMF site and in the Permitted Area was taken from the site itself and consists primarily of native soils. In the Permitted Area, certain lengths of the impacted streams contain, in addition to soil, culverts and French drains composed of stone, concrete, plastic pipe and fabric, all of which was new material designed to be used for the purpose and believed to be reasonably free of contaminants. Overall, the fill used at the Charlotte IMF and in the Permitted Area was of a nature that Norfolk Southern is reasonably assured that the discharged material is not a carrier of contaminants. 9. Actions to Minimize Adverse Effects As described in the analysis of alternatives, locating the Charlotte IMF within an area already impacted by substantial existing and planned airport construction and expansion minimizes impacts on the natural environment, including wildlife by avoiding additional impacts from the construction and operation of the IMF in another, less impacted area. Given the purposes of the IMF, which must be a certain length and width for efficient operations, the options for further minimization and avoidance without undue expense and impacts to efficiency are limited. The Storm Water Treatment Plan for the completed facility has been designed to minimize impacts to water quality and off -site impacts to waters. 10. Cultural and Historic Resources A survey for cultural and historic resources was conducted as a part of the FEIS. As a result of the survey and pursuant to 36 CFR 800.6(b)(1), CLT entered into a MOA with the NC State Historic Preservation Office and the Federal Aviation Administration on January 6, 2000. The MOA has been included for review (See Attachment 5). This survey encompassed the Permitted Area. 11