HomeMy WebLinkAbout20140485 Ver 2_Application_20140617
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
June 17, 2014
Mr. Alan Johnson
N.C. Division of Water Resources
610 E. Center Avenue, Suite 301
Mooresville, NC 28115
RE: Request for a Modification to Section 404 Nationwide Permits 14 and 33 and Section 401
Water Quality Certifications for TIP Project# P-5208ACGI Railroad Improvements from
Haydock to Junker, Cabarrus and Mecklenburg Counties, NC, Federal Aid Project No.
FRA-FR-HSR-0006-10-01-00, WBS No. 42647
Authorized Section 404 Nationwide Permits 14 and 33, issued March 13, 2013,
U.S. Army Corps of Engineers Action ID 2010-01630
Authorized Section 401 General Water Quality Certifications 3886 and 3893,
issued May 28, 2013, N.C. Division of Water Quality# 13-0485
Dear Alan,
The North Carolina Department of Transportation (NCDOT) Rail Division (Rail Division) is
making rail siding improvements to a segment of the Norfolk Southern Corporation (NS)
railroad corridor extending from the vicinity of station “Haydock” in Cabarrus County and
extending approximately 12.5 miles southwest to station “Junker” in Mecklenburg County, NC
(Figure 1). The study area associated with this project encompasses approximately 721.0 acres
and generally consists of the area within 100 feet of the center of the existing rail. In addition,
the study area encompasses the footprints of multiple proposed grade-separated railroad
crossings and roadway improvements, which are irregularly-shaped areas located adjacent to, or
extending outward from, the railroad.
The P-5208 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. The above-stated permits authorize Section 404
jurisdictional area impacts associated with the railroad improvements component of the project
(P-5208A, C, G, and I).
The proposed permit modification requests authorization for additional impacts to Section 404
jurisdictional areas at Site 1 within the P-5208G project section. The updated design does not
compromise the Rail Division’s compliance with any existing permit conditions.
This permit site involves the replacement of the existing 36-inch by 42-inch concrete and stone
culvert that conveys a UT to Back Creek under the rail. The proposed pipe will be installed by
trenchless installation, and the old pipe will be filled. Permits issued for this project site
authorize 144 linear feet of permanent stream impacts, 34 linear feet of temporary stream
impacts, and 0.01 acre of permanent jurisdictional wetland impacts. Refinement of project plans
with additional field inspections has indicated that a temporary bore pit is needed on the east side
of the rail in order to install the new pipe. This will result in less than 0.01 acre of additional
permanent impacts to one jurisdictional wetland area and an additional 19 feet of temporary
stream impacts to one stream resulting from dewatering. The culvert is proposed to be extended
by 11 feet, in order to construct the necessary headwall without additional shoring of the adjacent
slope, and resulting in an additional 15 linear feet of permanent stream impact. The additional
15 linear feet of permanent stream impact occur within the area previously permitted as
temporary stream impact (due to dewatering); therefore, the project is anticipated to result in a
total increase of 4 linear feet of temporary stream impacts.
Attached to this letter are the following items.
A revised Pre-Construction Notification (PCN) Form
A revised NC Ecosystem Enhancement Program (NCEEP) Mitigation Acceptance
Letter dated June 12, 2014
A revised P-5208G, Site 1 Permit Drawing (Sheet 4) dated May 14, 2014
A revised Wetland Permit Impact Summary sheet dated March 14, 2014
A CD with digital files (in .pdf format) of:
o all information included in this package
o Original Permit Drawings dated March 29, 2013 and Stormwater Management
Plan dated February 7, 2013 (submitted for permit authorization May 6, 2013)
o PLFI Design Plans and Sediment and Erosion Control Plans dated December
11, 2012 (submitted for permit authorization May 6, 2013)
o Authorized Section 404 Nationwide Permits 14 and 33, issued March 13,
2013, U.S. Army Corps of Engineers Action ID 2010-01630
o Authorized Section 401 General Water Quality Certifications 3886 and 3893,
issued May 28, 2013, N.C. Division of Water Quality# 13-0485
Table 1. Proposed Project Modification Impact Location
Project Section/
Impact Site NC State Plane, feet (NAD 83) WGS 84, decimal degrees
Easting Northing Latitude Longitude
P-5208G
Site 1 1,499,540.0790 573,307.7321 35.313648 -80.677696
The proposed addition of 15 linear feet of permanent stream impacts due to the requested
modification increases the total permanent stream impacts for Site 1 of the P-5208G project
section to 159 linear feet. Including the proposed modification, the P-5208ACGGI project is
anticipated to permanently impact a total of 1696 linear feet of stream at eight separate crossings.
Jurisdictional wetland impacts are substantially less than 0.01 acre, resulting in no change to total
wetland impacts.
The following table and the attached Wetland Impact Permit Summary summarize the total
authorized impacts and the total proposed impacts to 1) the individual jurisdictional areas
[Stream S10 and Wetland W5], 2) Site 1 of the P-5208G project section, 3) the P-5208G project
section, and 4) the entire P-5208ACGI project. Impacts associated with this proposed
modification are listed on the Wetland Impact Permit Summary under Site 1a.
The attached permit drawing depicts the requested permit modification. For clarity, authorized
structures and impacts have been presented in gray, proposed structures are depicted with a black
outline, and proposed impacts are shaded.
With the addition of 15 linear feet of permanent stream impacts, a total of 1696 linear feet of
jurisdictional streams are anticipated to be permanently impacted by the proposed P-5208ACG
project. No change is anticipated to the total of 0.51 acre of jurisdictional wetlands (0.43 acre of
riparian wetland and 0.08 acre of non-riparian wetland). Mitigation for permanent impacts to the
perennial stream S10 is proposed at a 2:1 ratio; therefore, an additional 30 linear feet of warm-
water stream mitigation credits will be purchased through the NCEEP in-lieu fee program to
offset impacts resulting from the requested modification. No change is proposed to the
authorized 0.62 riparian wetland mitigation credits or the 0.08 non-riparian wetland mitigation
credits. A revised Mitigation Acceptance Letter from the NCEEP is attached.
Table 2. Proposed Modification Effects
Impact Type
Total Authorized
Impacts
(Before
Modification)
Total Proposed
Impacts
(Including
Modification)
Proposed
Modification
Permanent Stream Impacts -- 15 linear feet
Temporary Stream Impacts -- 19 linear feet
Permanent Wetland Impacts -- <0.01 acre
Stream S10
Permanent Stream Impacts 122 linear feet 137 linear feet
Temporary Stream Impacts 34 linear feet *38 linear feet
Wetland W5 Permanent Wetland Impacts <0.01 acre <0.01 acre
Site 1
(of P-5208G)
Permanent Stream Impacts 144 linear feet 159 linear feet
Temporary Stream Impacts 34 linear feet *38 linear feet
Permanent Wetland Impacts 0.01 acre 0.01 acre
P-5208G
(Project Section)
Permanent Stream Impacts 959 linear feet 974 linear feet
Temporary Stream Impacts 173 linear feet *177 linear feet
Permanent Wetland Impacts 0.32 acre 0.32 acre
P-5208ACGI
(Project)
Permanent Stream Impacts 1681 linear feet 1696 linear feet
Temporary Stream Impacts 329 linear feet *333 linear feet
Permanent Wetland Impacts 0.51 acre 0.51 acre
*Temporary stream impacts associated with this modification total 19 linear feet; however, the 15 linear feet of proposed
permanent stream impacts occur in the location of the previously authorized temporary impacts. Therefore, additional temporary
stream impacts associated with this modification total 4 linear feet.
Page 1 of 10
PCN Form – Version 1.4January 2009
Office Use Only:
Corps action ID no. _____________
DWQ project no. _______________
Form Version 1.4January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 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
1e. 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 1h
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:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e.NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
RailroadImprovementsfromHaydocktoJunker
MecklenburgandCabarrus
Charlotte,Harrisburg
--
P-5208ACGI
NorthCarolinaRailroadCompany(NCRR)
ExistingNCRRright-of-way
2809HighwoodsBoulevard,Suite100
Raleigh,NC27604-1000
919-954-7601
919-954-7099
14,33
Page 2 of 10
4. Applicant Information (if different from owner)
4a. Applicant is: Agent Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5.Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
MarcHamel
NorthCarolinaDepartmentofTransportation,RailDivision
1SouthWilmingtonSt.,Room555(delivery)or1553MailServiceCenter(mail)
Raleigh,NC27699-1553
919-7074705
919-715-6580
mhamel@ncdot.gov
Page 3 of 10
PCN Form – Version 1.4January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
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:
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes No Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? Yes No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
-80.679288
752
CoddleCreek,RockyRiver,BackCreek,TobyCreek
C(all)
Yadkin
TheP-5208A,C,andGportionsofthisprojectconsistofearthworkandpreparationfortheadditionofasecondtrackfromstation"Haydock"tostation
"Junker."Pleaseseeattachedletter.
9.4
Thepurposeofthisprojectistoimprovetheefficiency,reliability,andcapacityoftheraillinealongthisportionofsingle-trackrailroadbyaddingaseco
Pleaseseeattachedletter.
Axiom Environmental,Inc.
March13,2013
P-5208BDEFsafetyimprovements(authorizedMarch13,2013)andP-5208Hsafetyimprovements(authorizedMarchx,2013)
35.311198
14,587
associatedwithP-5208BDEFauthorization
S.Smith,S.Davis,M.Thomas,C.Faquin
Page 4 of 10
PCN Form – Version 1.4January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
Wetlands Streams – tributariesBuffersOpen 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.
Wetland impact
number
Permanent (P) or
Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1
W2
W3
W4
W5
W6
2g.Total Wetland Impacts:
2h. Comments:
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Chooseone Chooseone Yes/No -
Yes/No -
Yes/No -
Yes/No-
Yes/No-
Yes/No-
0.51
Individualimpactsexceedthecapacityof thistable.Pleaseseeattachedletter.
Chooseone --
2,025
Individualimpactsexceedthecapacityof thistable.Totalpermanentstreamimpactsare1696linear feet.Totalpermanentandtemporarystream
impactsare2025linearfeet.Pleaseseeattachedletter.
-
-
-
-
-
-
Chooseone
Chooseone
Chooseone
Chooseone
Chooseone
Chooseone
Chooseone
Chooseone
Chooseone
Chooseone
-
-
-
-
-
-
Chooseone
Chooseone
Chooseone
Chooseone
Chooseone
-
-
-
-
-
-
-
-
-
-
Page 5 of 10
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.
Open water
impact number
Permanent (P) or
Temporary (T)
4b.
Name of waterbody
(if applicable
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
FloodedFilledExcavated FloodedFilledExcavated
P1
P2
5f.Total:
5g. Comments:
5h. Is a dam high hazard permit required? Yes No If yes, permit ID no:
5i. 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.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other:
6b.
Buffer Impact
number –
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
B2
B3
B4
B5
B6
6h.Total Buffer Impacts:
6i. Comments:
ChooseoneChoose
Noopenwaterimpactsareanticipated.
Chooseone
Nopondconstructionisanticipated.
Yes/No
Theprojectdoesnotliewithinawatershedrequiringadesignatedriparianbuffer.
-
-
-
-
Chooseone
Chooseone
Chooseone
Choose
Choose
Choose
Chooseone
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
Page 6 of 10
PCN Form – Version 1.4January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
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
project?
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:
Type:
Type:
Quantity:
Quantity:
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:
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: 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.
Pleaseseeattachedletter.
Pleaseseeattachedletter.
NCEcosystemEnhancementProgram
2,232
warm
0.43
Chooseone
Chooseone
Chooseone
0.08
Page 7 of 10
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 10
PCN Form – Version 1.4January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the projectinclude or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. If yes, then is a diffuse flow plan included? If no, explain why.
Yes No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? %
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:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
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
Pleaseseeattached StormwaterManagementPlans.
CabarrusCo.,Harrisburg,Charlotte
Page 9 of 10
PCN Form – Version 1.4January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. 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
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. 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
letter.)
Comments:
Yes No
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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
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):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality? Yes No
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.
Theproposedprojectisdesignedtoimprovetheefficiencyandcapacityalongthissectionof rail.Nonewpublic facilitiesoraccesstodevelopedor
developableareasareproposed;therefore,theadditionofasecondtrackisnotanticipatedtoencourageanynearbydevelopment.
Nosewagedischargeisanticipatedasaresultof theproposedproject.
PG�t (UlcCrary
Cuvernor
� �,._:._� � �
, �Y���.�..,.
�� �.
P��t�Ehi �
North Carolina Departr�ent of Environmeni and Natural F�esources
Michael Ellison, C7irect�r
�c�syst�rn Enl�t�r�cemen� Program
June 12, 2014
Mr. Marc Hamel
Rail Project Development Manager
North Carolina Departinent of Transportation, Rail Division
1553 Mail Service Center
Raleigh, North Carolina 27699-1553
Dear Mr. Hamel:
Subj ect:
References:
EEP Mitigation Acceptance Letter:
Jar�n E. Skvarla. ill
Secretary
P-5208A / C/ G, Railroad Improvements from Haydock to Junker, Cabarrus and
Mecklenburg Counties
USACE 404 Nationwide Pennit Nuinbers 14 and 33 issued June 11, 2013 (USACE
Action ID 2010-01630)
The purpose of this letter is to notify you that the Ecosystem Enhanceinent Program (EEP) will provide
the additional streain mitigation for the subject project Based on the infonnation supplied by you on June 4,
2014, the additional iinpacts are located in CU 03040105 of the Yadkin River Basin in the Southern Piedinont
(SP) Eco-Region, and are as follows:
Table 1 — Additional Im
Yadkin
03040105
SP
�cts — NCDOT TIP P-5204A / C/ G
Stream Wetlands
Cold Cool Warm Riparian Non-
.,_-- '-
Impacts (feet/acres) � 0
0 � 15.0 I 0
❑1
Coastal
Marsh
0
Buffer (Sq. Ft.)
Zone 1 Zone 2
(3:1) (1.5:1)
0 I 0
EEP is currently providing stream and riparian wetland mitigation far the iinpacts associated with this project
located in Yadkin 03040105 as required by the 404 permit that was issued in 2013, as shown in the below table (in
initigation credits):
Table 2— Permitted Impacts, Required Mitigation and Revised Impacts for TIP P-5208A / C/ D(based on
the USACE 404 Nationwide permit)
Permitted Mitigation Required Additional Impact Revised Total
Impact Type Impacts under Original Permit
(feet / acre) (Credits) (for approval) Impacts*
Stream 1,681.0 2,202.0 15.0 � 1,696.0
Riparian 0.43 0.62 0 0.43
Non-Riparian 0.08 0.08 ** 0 0.08
*Some of the sh•ea�n and wetland impacts may be proposcd to be mitigated at a 1:1 mitigation ratio. See pennit application for
details. EEP will provide the amount of mitigation as determined by the regulatory agencies.
**EEP agreed to provide iiparian wetland mitigation for the non-riparian wetland mitigation impacts. This is an unresolved issue
from when the pennit was originally issued in 2013.
1652 Mail Servia� C;enfer� Ral�l�}h, North Carolina 27�i39-'1652
Phone: 9'19-707-897� 1 lnfern�;t: www ncdei7r.yov
An LqU�I GqpciiuniiV', Ai(irin,tive FeGq� FinE�lvyer —( I irla in pa 1�, �ec;�r!ed pa}�er
Mr. Hamel
TIP P-5208A / C/ D Additional / Adjusttnent
June 12, 2014
Page Two
In the original acceptance letter, EEP agreed to provide riparian wetland initigation for the non-riparian
wetland iinpact associated with this project (see original acceptance letter attached). The pennit and
Coinpensatory Mitigation Responsibility Transfer fonn issued in June 2013 did not accurately reflect the EEP
acceptance letter issued on May 1, 2013 and therefore, the mitigation fonn has not yet been signed by EEP for this
project. EEP notified the USACE project manager of this oversight and requested a revised Mitigation
Responsibility Transfer fonn be issued to show that riparian wetland mitigation would be provided for the non-
riparian impacts in accordance with the directive from the February 8, 2011 IRT meeting, non-riparian
wetland impacts located in the mountains and piedmont areas of North Carolina will be accepted as
requested but mitigated utilizing riparian wetland mitigation credits. EEP has not yet received a response
from the USACE.
This mitigation acceptance letter replaces the mitigation acceptance lefters issued on May 1, 2013.
Upon issuance of the pennit inodification for the project, EEP will inake the appropriate debits to existing
mitigation sites in the catalog unit.
8420.
If you have any questions or need additional infonnation, please contact Ms. Beth Hannon at 919-707-
Sincerely,
� / — 'rr `'�'�, g�Z�.•l �
1
ti
Jame . Stanfill
EEP Asset Manageinent Supervisor
Cc: Ms. Crystal Amschler, USACE — Asheville Regulatory Field Off'ice
Mr. Alan Johnson, NCDWR — Mooresville Regional Office
Ms. Linda Fitzpatrick, NCDOT — PDEA
File: P-5208A / C/ G Additional / Adjustment
Harmon, Beth
From: Harmon, Beth
Sent: Friday, August 30, 2013 5:17 PM
To: 'Fuemmeler, Amanda J SAW'
Subject: RE: Mitigation Form & Permit for: NCDOT Rail Division/ P-5208 ACGI/ Mecklenburg
County; AID 2010-01630
Attachments: P-5208A C G- STR - RW - YD 05.pdf
Hi Amanda -- I finally have a little bit of time that I can spend on e-mail and saw this old message from you regarding the
mitigation responsibility transfer form for TIP P-5208A,C,G. Unfortunately, at this time, I cannot sign the form for this
project. When we accepted this project (see attached mitigation acceptance letter), we noted that there were riparian
and non-riparian wetland impacts (as identified by DOT) and that we would provide riparian wetland mitigation for all
the wetland impacts. Currently, there is no non-riparian wetland mitigation credits available in Yadkin 03040105 and
EEP has conducted searches and issued FD RFPs for this mitigation type with no success. At the February 2011 IRT
meeting, it was agreed that we could provide riparian wetland mitigation for non-riparian wetland impacts if it was
agreeable by the USACE representative writing the permit.
So, after all that, I need to either get a statement from you saying that we must provide non-riparian wetland mitigation
for this impact or a new mitigation responsibility transfer form showing that only riparian wetland mitigation will be
provided for the wetland impacts. We currently do have stream and riparian wetland mitigation available in this
cataloging unit for this requirement.
Sorry again for not getting back with you much sooner than now. If you have any questions or need additional
information from me, please let me know and I'll get it for you quickly. Thanks and hope you have a nice long weekend.
G3�
-----Original Message-----
From: Fuemmeler, Amanda J SAW [mailto:Amanda.Fuemmeler(�usace.army.milj
Sent: Thursday, June 13, 2013 9:59 AM
To: Harmon, Beth
Subject: RE: Mitigation Form & Permit for: NCDOT Rail Division/ P-5208 ACGI/ Mecklenburg County; AID 2010-01630
I'm also looking for the signed form for a another segment of this project that was issued back in March by the previous
DOT PM. The AID is the same 2010-01630, P-5208, but the sections are B,D,E,F. I just wanted to make sure you received
that form and if you could send that one to me as well since it's not in the file, thanks!
Amanda Fuemmeler
Asheville Regulatory Field Office
-----Original Message-----
From: Harmon, Beth [mailto:beth.harmon(c�ncdenr.�ov]
Sent: Wednesday, June 12, 2013 7:13 PM
To: Fuemmeler, Amanda J SAW
Cc: Fitzpatrick, Linda F
Subject: RE: Mitigation Form & Permit for: NCDOT Rail Division/ P-5208 ACGI/ Mecklenburg County; AID 2010-01630
Amanda -- please disregard the e-mail I sent to you a few minutes ago with a mitigation responsibility transfer form for
B-4289. This was not your project and I mixed them up. Sorry for the confusion -- I guess it is late and I'm trying to do
things too fast. I will correct the error and send you the appropriate one tomorrow.
Beth
-----Original Message-----
From: Harmon, Beth
Sent: Wednesday, June 12, 2013 7:07 PM
To: Amanda.Fuemmeler@usace.armv.mil
Cc: Fitzpatrick, Linda F
Subject: FW: Mitigation Form & Permit for: NCDOT Rai) Division/ P-5208 ACGI/ Mecklenburg County; AID 2010-01630
Amanda -- Attached is the signed mitigation responsibility transfer form for TIP B-4289 - Replace Bridge 93 on SR 1324
over the North Fork French Broad River in Transylvania County (USACE Action ID 2013-00944). Please let me know if you
have any questions or need anything else from us.
Beth
-----Original Message-----
From: Williams, Kelly
Sent: Wednesday, June 12, 2013 4:41 PM
To: Harmon, Beth
Subject: FW: Mitigation Form & Permit for: NCDOT Rail Division/ P-5208 ACGI/ Mecklenburg County; AID 2010-01630
Kelly Williams
NCEEP In-Lieu Fee Program Coordinator
direct (M-Th) 919.707.8915 (note new #)
1652 Mail Service Center
Raleigh, NC 27699-1652
EEP's Raleigh office has moved and is now located in the N.C. Dept. of Environment and Natural Resources Building at
217 West Jones St., Suite 3000A, Raleigh, N.C. 27603. Parking and visitor access information is available on the EEP
website.
From: Fuemmeler, Amanda J SAW [Amanda.Fuemmeler@usace.army.mil]
Sent: Wednesday, June 12, 2013 10:48 AM
To: Tugwell, Todd SAW; Crumbley, Tyler SAW; Williams, Kelly
Subject: Mitigation Form & Permit for: NCDOT Rail Division/ P-5208 ACGI/ Mecklenburg County; AID 2010-01630
Amanda Fuemmeler
Regulatory Project Manager
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
office: (828)-271-7980 x.231
fax: (828)-281-8120
�
�
Ecos stem
y
PROGRAM
May 1, 2013
Mr. Gregory J. Thorpe, Ph.D.
Manager, Project Development and Environmental Analysis Unit
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina 27699-1548
Dear Dr. Thorpe:
Subject: EEP Mitigation Acceptance Letter:
P-5208A / C/ G, Railroad Improvements from Haydock to Junker, Cabarrus and
Mecklenburg Counties
The purpose of this letter is to notify you that the Ecosystem Enhancement Program (EEP) will provide the
compensatory stream and riparian wetland mitigation far the subject project. Based on the information supplied by
you on Apri125, 2013, the impacts are located in CU 03040105 of the Yadkin River basin in the Southern Piedmont
(SP) Eco-Region, and are as follows:
Yadkin Stream Wetlands Buffer (Sq. Ft.)
03040105 Non- Coastal
Sp Cold Cool Warm Riparian Riparian Marsh Zone 1 Zone 2
Impacts* 0 0 1,681.0 0.43 0.08 0 0 0
(feet/acres)
�u���c w �nc sirearn ana wenana �mpacts are proposea to ee mingatea at a i: i mrtiganon raho. See permit application Yor details.
This impact and associated mitigation need were under projected by the NCDOT in the 2013 impact data.
EEP will commit to implement sufficient compensatory stream and riparian wetland mitigation credits to offset the
impacts associated with this project as determined by the regulatory agencies using the delivery timeline listed in
Section F.3.c.iii of the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program
In-Lieu Fee Instrument dated July 28, 2010. In accordauce witl� the directive from the February 8, 2011 IRT
meeting, uou-riparian wetland impacts located iu the mountains and piedmout areas of North Carolina will be
accepted as requested but mitigated utiliziug riparian wetland mitigation credits. If the above referenced impact
amounts are revised, then this mitigation acceptance letter will no longer be valid and a new mitigation acceptance
letter will be required from EEP.
8420.
If you have any questions or need additional information, please contact Ms. Beth Harmon at 919-707-
Sincerely,
�n.s.� � ��vw'fl"�
1
James . Stanfill
EEP Asset Manager Supervisor
cc: Ms. Liz Hair, USACE — Asheville Regulatory Field Office
Mr. Alan Johnson, Division of Water Quality, Wetlands/401 Unit
Mr. Ryan White, NCDOT Rail Division
Mr. Marc Hamel, NCDOT Rail Division
File: P-5208A / C / G
1�.P�St"Ol�(,f�... � � ... P�'OtP,Gtl.GC� OGf.f� StG{,t�
��L,
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-707-8976 / http:/lportal.ncdenr.orq/web/eeq