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Home My WebLink About20130284 Ver 1_01_P5206BCDF_NWP_Cover_130311_20130318 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION PATRICK L. MCCRORY ANTHONY J. TATA GOVERNOR SECRETARY MAILING ADDRESS: NC DEPARTMENT OF TRANSPORTATION RAIL DIVISION 1553 MSC RALEIGH NC 27699-1553 TELEPHONE: 919-707-4700 FAX: 919-715-6580 WEBSITE: WWW.BYTRAIN.ORG LOCATION: TRANSPORTATION BUILDING 1 SOUTH WILMINGTON STREET RALEIGH NC March 18, 2013 Mr. John Thomas U.S. Army Corps of Engineers Raleigh Regulatory Field Office 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587 RE: Application for Section 404 Nationwide Permits 14 and 33 and Section 401 Water Quality Certifications for TIP Project# P-5206BCDF Railroad Improvements from Reid to North Kannapolis, Rowan County, NC, Federal Aid Project No. FR-HSR-0006-10-01- 00, WBS No. 52000.1.STR03T1B Dear John, The North Carolina Department of Transportation (NCDOT) Rail Division (Rail Division) proposes to make rail siding improvements to a segment of the Norfolk Southern Corporation (NS) railroad corridor extending from station “Reid” and extending generally southwest for approximately 11 miles to a point approximately 5000 feet south of station “North Kannapolis” in Rowan County, NC (Figure 1). The corridor starts in the southern portion of the City of Salisbury and ends in the northern portion of the City of Kannapolis. The study area associated with this project consists of the area within 100 feet of the center of the existing and within the footprints of multiple proposed grade-separated railroad crossings and roadway improvements, which are irregularly-shaped areas generally located adjacent to, or extending outward from, the railroad. The study area for this project encompasses approximately 959.2 acres The P-5206 project has been split into two components that have each been determined to demonstrate independent utility: a track work component of the project and a safety improvements component of the project (per a meeting between the Rail Division, the U.S. Army Corps of Engineers [USACE], and the N.C. Division of Water Quality [NCDWQ] held on April 5, 2012). This permit application is requesting authorization for Section 404 jurisdictional area impacts associated with the railroad improvements component of the project (P-5206 B, C, D, and F).  P-5206B consists of grading for the installation of double track from the vicinity of the private rail crossing of Noble Farm Acres near Salisbury to the rail crossing of Mt. Hope Church Road (SR 1505) in China Grove. P-5206B also includes the closures of 3 private crossings at Noble Acres Road, Reid Farm Road, and an unnamed crossing located approximately 2100 feet southwest of the Peeler Road (SR 2538) crossing along with the closure of 3 public crossings at Peach Orchard Road (SR 2539), Peeler Road, and Mt. Hope Church Road. In addition, roadway improvements are proposed for the at-grade crossing of Webb Road (SR 1500).  P-5206C consists of grading for the installation of double track from Mt. Hope Church Road to a point approximately halfway between N. Central Avenue and E. Ryder Avenue (SR 1210) in Landis. P-5206C also includes the extension and grade-separated rail crossing of Kimball Road in Landis and the removal of 5 at-grade road crossings of Ethel Lane, Jukebox Road, East Thom Street, Eudy Avenue (SR 1220), and North Central Avenue. In addition, roadway improvements for the at-grade crossing of East Centerview Street and the removal of access to a portion of South Harris Street adjacent to the rail in China Grove are proposed.  P-5206D consists of grading for the installation of doubletracks from the terminus of P- 5206C to a point just past the crossing of E. 18th Street in Kannapolis. In addition, P- 5206D involves the closure of 2 grade-separated crossings: East Mill Street and East 29th Street.  P-5206F consists of the installation of the 11 miles of the second track. Information within this package has been prepared to support the application for a Nationwide Permit (NWP) 14 (Linear Transportation Projects) and NWP 33 (Temporary Construction, Access, and Dewatering), along with the associated NCDWQ Water Quality General Certifications 3886 and 3893, and a NCDWQ State General Permit for Impacts to Isolated and Other Non-404 Jurisdictional Wetlands and Waters (IWGP100000). The Environmental Assessment (EA) document for this project was finalized in October 2011 and was submitted to the appropriate regulatory agencies for review. A Finding of No Significant Impact (FONSI) was approved on July 18, 2012 and is included on the digital data CD. In addition, it has been determined that this project will affect a property Eligible for the National Register of Historic Places; however, the eligible property has no associations with jurisdictional or isolated streams or wetlands. A signed Memorandum of Agreement (MOA) regarding this property is included on the digital data CD. Water resources in the project area are located within NCDWQ sub-basin 03-07-04 of the Yadkin River basin (U.S. Geological Survey [USGS] Hydrologic Unit [HU] 03040103) and within NCDWQ sub-basin 03-07-12 (USGS HU 03040105). An approved Jurisdictional Determination for this project has been received from the USACE and is dated December 13, 2013. One unnamed tributary (UT) to Grants Creek and two isolated wetland areas are anticipated to be impacted by the P-5206B project section. Two UTs to Cold Water Creek, one jurisdictional wetland area that drains to Cold Water Creek, and one isolated wetland area are anticipated to be impacted by the P-5206C project section. Two UTs to Cold Water Creek are anticipated to be impacted by the P-5206D project section. All impacts to jurisdictional areas and isolated wetlands are associated with the expansion of the rail footprint in preparation for installation of the second track. The P-5206F project section consists of the installation of the second track and involves no impacts to jurisdictional areas or isolated wetlands. Grants Creek is not listed on the North Carolina 2012 Final 303(d) List of Impaired Waters; however, the reach of Cold Water Creek located immediately downstream of Lake Fisher and beginning approximately 5 to 7 miles downstream of the study area is listed due to turbidity and “Fair” benthos and fish community bioclassification ratings. Stormwater Management plans have been designed to treat stormwater runoff through Best Management Practices (BMPs) as detailed in the most recent version of NCDOT’s Stormwater Best Management Practices to minimize further impairment of downstream water resources. Attached to this letter are the following items.  Pre-Construction Notification (PCN) Form  Figure 1. Project Section Extents  P-5206B Permit Drawings/Stormwater Management Plan dated October 5, 2012  P-5206B Final Design Plans including Sediment and Erosion Control Plans dated December 11, 2012  P-5206C Permit Drawings/Stormwater Management Plan dated November 20, 2012  P-5206C 65 Percent Design Plans including Sediment and Erosion Control Plans dated December 11, 2012  P-5206D Permit Drawings/Stormwater Management Plan dated February 15, 2013  P-5206D 90 Percent Design Plans including Sediment and Erosion Control Plans dated December 11, 2012  NC Ecosystem Enhancement Program (NCEEP) Mitigation Acceptance Letter dated March 12, 2013  A CD with digital files (in .pdf format) of: o All information included in this package o Signed Finding of No Significant Impact o Signed Memorandum of Agreement regarding Impacts to a Property Eligible for the National Register of Historic Places o P-5206 Figures as provided in the previous P-5206A submittal Based upon design plans, grading, preparation, and construction of the second track is anticipated to permanently impact five streams for a total of 405 linear feet and one jurisdictional wetland area for a total of 0.05 acre. Additionally, project activities are anticipated to impact four isolated wetland areas for a total of 0.15 acre. Table 1 and the attached Wetland Impact Permit Summaries summarize the total impacts to jurisdictional areas, and Table 2 presents the geographic coordinates of each waterbody crossing. Each impact site is described below and depicted on the attached permit drawings. Table 1. Project Impacts Project Section and Impact Site Impacted Waterbody (*JD reference) Permanent Stream Impacts Temporary Stream Impacts Total Stream Impacts Permanent Wetland Impacts Temporary Wetland Impacts Total Wetland Impacts P-5206B Site B1 UT to Grants Creek (Stream SD) 42 -- 42 -- -- -- P-5206B Site B2 Isolated Wetland (Wetland WN) -- -- -- 0.04 -- 0.04 P-5206B Site B3 Isolated Wetland (Wetland WO) -- -- -- 0.05 -- 0.05 405P- 5206C Site C1 Isolated Wetland (Wetland WQ) -- -- -- 0.04 -- 0.04 Isolated Wetland (Wetland WR) -- -- -- 0.02 -- 0.02 P-5206C Site C2 Jurisdictional Wetland (Wetland WU) -- -- -- 0.05 -- 0.05 P-5206C Site C3 UT to Cold Water Creek (Stream SO) 11 -- 11 -- -- -- UT to Cold Water Creek (Stream SP) 217 -- 217 -- -- -- P-5206D Site D1 UT to Cold Water Creek (Stream SQ) 80 14 94 -- -- -- P-5206D Site D2 UT to Cold Water Creek (Stream SR) 55 5 60 -- -- -- Total 405 19 424 0.20 -- 0.20 *JD reference indicates the nomenclature of individual waterbodies as depicted in figures provided for the approved Jurisdictional Determination issued on 12-13-2012 (USACE Action ID 201201988). Table 2. Project Impact Locations Project Section/ Site USGS Hydrologic Unit NC State Plane, feet (NAD 83) WGS 84, decimal degrees Easting Northing Latitude Longitude P-5206B Site B1 03040103 1,548,155.705 688,003.192 35.630889 -80.520638 P-5206B Site B2 03040103 1,539,370.212 673,885.694 35.591733 -80.549458 P-5206B Site B3 03040103 1,538,355.964 672,647.397 35.588288 80.552804 P-5206C Site C1 03040103 1,538,443.437 672,609.106 35.588187 -80.552508 P-5206C Site C2 03040103 1,538,037.594 672,071.516 35.586692 -80.553844 P-5206C Site C3 03040105 1,525,598.815 660,877.523 35.555399 -80.595071 P-5206D Site D1 03040105 1,519,790.430 655,318.232 35.539869 -80.614293 P-5206D Site D2 03040105 1,519,707.048 653,672.660 35.535345 -80.614483 Permit Site B1 Permit Site B1entails the replacement of a 30-inch stone box culvert with a 48-inch welded steel pipe (WSP) to be installed by trenchless (jack-and-bore) construction. Forty-two feet of an unnamed tributary (UT) to Grant’s Greek (depicted on the figures provided for the approved JD as Stream SD) will be placed within the new 4-foot tail ditch associated with the new culvert. Stream SD is a Relatively Permanent Water (RPW) with seasonal flow. The reach of Stream SD receiving project impacts includes the origin of the stream. Mitigation is proposed at a 1:1 ratio for permanent impacts to this intermittent stream. Permit Site B2 Permit Site B2 involves the placement of approximately 0.02 acre of fill within a portion of a vegetated wetland area (depicted on the figures provided for the approved JD as Wetland WN). An additional 0.02 acre of this wetland area will also be lost due to mechanical clearing for the roadway slope. Wetland WN is an NC Wetland Assessment Method (NC WAM) Basin Wetland with an overall functional rating of High. This wetland has no connection to jurisdictional surface waters and is considered isolated by the USACE. No mitigation is proposed for impacts to this isolate wetland area. Permit Site B3 Permit Site B3 involves the placement of approximately 0.03 acre of fill within a portion of a vegetated wetland area (depicted on the figures provided for the approved JD as Wetland WO). An additional 0.02 acre of this wetland area will also be lost due to mechanical clearing for the roadway slope. Wetland WO is an NC WAM Basin Wetland with an overall functional rating of Medium. This wetland has no connection to jurisdictional surface waters and is considered isolated by the USACE. No mitigation is proposed for impacts to this isolated wetland area. Permit Site C1 Permit Site C1 involves the placement of approximately 0.04 acre of fill within the entirety of a vegetated wetland area (depicted on the figures provided for the approved JD as Wetland WQ). An additional 0.01 acre of this wetland area will also be lost due to mechanical clearing for the roadway slope. Drainage from the adjacent railroad slopes will be directed out from this low point in the local topography to the nearest crenulation through a two-foot tail ditch. This drainage outlet will be directed through a portion of a vegetated wetland area depicted on the figures provided for the approved JD as Wetland WR. Wetland WR will be mechanically cleared in preparation for the construction of the tail ditch and this wetland will be lost in its entirety as wetland hydrology will be removed by ditch construction. This ditching is considered necessary to eliminate ponding at the toe of the proposed slope, and movement of the drainage ditch a sufficient distance from Wetland WR to avoid a hydrologic impact was determined to be infeasible. Wetlands WQ and WR are NC WAM Basin Wetlands with overall functional ratings of Low. These wetland areas have no connection to jurisdictional surface waters and are considered isolated by the USACE. No mitigation is proposed for impacts to these isolated wetland areas. Permit Site C2 Permit Site C2 involves the placement of approximately 0.02 acre of fill within a vegetated wetland area (depicted on the figures provided for the approved JD as Wetland WU) and the excavation of 0.02 acres of Wetland WU. An additional 0.01 acre of this wetland area will be lost due to mechanical clearing for the roadway slope. Wetland WU is an NC WAM Headwater Forest with an overall functional rating of High. Mitigation is proposed at a 2:1 ratio for permanent impacts to Wetland WU. Permit Site C3 Permit Site C3 involves the replacement of the existing 24-inch concrete culvert with a longer 54-inch WSP and the expansion of the rail bed to accommodate the second track. The 54-inch WSP will be installed by trenchless construction just north of the existing culvert and rail bed expansion will involve excavation on the north side of the rail and fill on the south side of the rail. Excavation north of the existing rail will impact two RPWs with seasonal flow (depicted on the figures provided for the approved JD as Streams SO and SP). The 68 feet of Stream SO and 11 feet of Stream SP impacted by rail grading in this area includes the origin of each. South of the rail, 158 feet of Stream SP will be placed within the new 54-inch WSP and the associated tail ditch that directs flow to the existing stream channel. Mitigation is proposed at a 1:1 ratio for permanent impacts to these intermittent streams. Permit Site D1 Permit Site D1 involves the extension of the existing 48-inch steel pipe to accommodate the grading for the expanded rail footprint and construction of a 4-foot head ditch to direct flow to the extended culvert. Approximately 80 linear feet of this stream will be placed within the new 4-foot ditch and culvert extension. This stream is depicted on the figures provided for the approved JD as Stream SQ and is a RPW with perennial flow. Less than 0.01 acre of this stream will be temporarily impacted due to channel dewatering during culvert installation. Mitigation is proposed at a 2:1 ratio for permanent impacts to this perennial stream. Permit Site D2 Permit Site D2 involves the extension of the existing 42-inch corrugated metal/steel casing pipe to accommodate the grading for the expanded rail footprint and construction of a 4-foot head ditch to direct flow to the extended culvert. Approximately 55 linear feet of the stream will be placed within the new 4-foot ditch and culvert extension. This stream is depicted on the figures provided for the approved JD as Stream SR and is a RPW with seasonal flow. Less than 0.01 acre of this stream will be temporarily impacted due to channel dewatering during culvert installation. Mitigation is proposed at a 1:1 ratio for permanent impacts to this intermittent stream. Due to the nature of the location of the existing rail line, some impacts to jurisdictional areas are unavoidable, and the proposed rail avoids jurisdictional areas and existing infrastructure to the maximum extent practicable. In particular, the alignment of the rail through the towns of China Grove and Landis, and within the City of Kannapolis are further restricted by to the proximity of adjacent and parallel roadways such as Main Street (US-29) between the Town of China Grove and the City of Salisbury, Central Avenue in the Town of Landis, and Kirk Street in the City of Kannapolis). These roadways support travel between these municipalities as well as access to numerous residences and businesses. Mitigation for this project is proposed at a 1:1 ratio for impacts to intermittent streams (Streams SD, SO, SP, and SR) and at a 2:1 ratio for impacts to the perennial Stream SQ. Wetland mitigation for this project is proposed at a 2:1 ratio for the High-quality jurisdictional Wetland WU. Mitigation is not required by the USACE for impacts to isolated wetlands or by the NCDWQ for impacts to isolated wetlands that total less than 1.0 acre; therefore no mitigation is proposed for impacts to isolated Wetlands WN, WO, WQ, and WR. The following table details proposed mitigation requirements for this project. Table 3. Project Mitigation Requirements Project Section and Impact Site USGS Hydrologic Unit Permanent Stream Impacts Proposed Mitigation Ratio Warm- water Stream Mitigation Credits Required Permanent Wetland Impacts Proposed Mitigation Ratio Riparian Wetland Mitigation Credits Required P-5206B Site B1 03040103 42 1:1 42 -- -- -- P-5206B Site B2 03040103 -- -- -- *0.04 -- -- P-5206B Site B3 03040103 -- -- -- *0.05 -- -- P-5206C Site C1 03040103 -- -- -- *0.04 -- -- -- -- -- *0.02 -- -- P-5206C Site C2 03040103 -- -- -- 0.05 2:1 0.10 P-5206C Site C3 03040105 11 1:1 11 -- -- -- 217 1:1 217 -- -- -- P-5206D Site D1 03040105 80 2:1 160 -- -- -- P-5206D Site D2 03040105 55 1:1 55 -- -- -- Total 405 -- 485 0.20 -- 0.10 *Permanent Wetland Impacts: An asterisk (*) indicates impacts to an isolated wetland area. A total of 485 warm-water stream mitigation credits and 0.10 riparian wetland mitigation credits will be purchased through the NCEEP in-lieu fee program to offset project impacts.  Mitigation requirements within USGS HU 03040103 include 42 warm-water stream mitigation units and 0.10 acre of riparian wetland mitigation units.  Mitigation requirements within USGS HU 03040105 include 443 warm-water stream mitigation units. A Mitigation Acceptance Letter from the NCEEP is attached. Please note that the attached Mitigation Acceptance letter specifies project impacts and not adjusted mitigation requirements; however, the NCEEP is prepared to provide mitigation for the specified impacts at a 2:1 ratio. Again, the Rail Division is requesting authorization for Section 404 jurisdictional area impacts associated with the safety improvements component of the project under NWP 14 (Linear Transportation Projects) and NWP 33 (Temporary Construction, Access, and Dewatering), along with the associated NCDWQ Water Quality General Certifications 3886 and 3893, and a NCDWQ State General Permit for Impacts to Isolated and Other Non-404 Jurisdictional Wetlands and Waters (IWGP100000). Thank you for your time and consideration of this important project. If you have any questions regarding this request, please contact the Project Manager, Ryan L. White, P.E., at 919-707-4717 or at rlwhite(a ncdot.gov. Sincerely, Marc L. Hamel Manager of Environmental Programs NCDOT Rail Division Cc. Amy Euliss, NC Division of Water Quality Ryan L. White, P.E., NCDOT Rail Division Scott Davis, Axiom Environmental, Inc.