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Home My WebLink About20130485 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 �,w� a�� W Q g � �o�� KANNAPOLIS �� ' �' x� J�'. i / • �`i�!!��j DENOTES EXCAVATION �/`� ///`/� IN WETLAND �; � Go � � , f . N � �^ �r -., - PIPE EXTENSION AND _ RELOCATED HW BSL CALDWELL,LLC DB 2584 PG 171 �DENOTES IMPACTS IN / SURFACE WATER i � �. � � ,:, i � � k �� SITE 1 \ I i � � � � � ' _��' �y- .� , \� E . , � � � � � ��r � .��E� �� '� � �� r � � � � � 4 _ I ///��+++ i � �O��T�// � I*r _ \��_ -� * � � � � i � � � ' ! 1 4 � � * � � � � i � � � � �. � � � � � � �. � . � �. �� BAXTER L.MCRORIE �- � �� DB 593 PG 385 � �ri A � � � � � t � i � � � i \ � � � � � � � \ � CHARLOTTE / /�, \ "^-�, \ \ � \ � \ � � r � � � � ' T \�� w�e— — — — — � ,;.._- h � � � � � 1�we� �1 �"nntrzoAS evAaSe oiT H ��_� � .�, � � Feisr.W ae a.�w � � � � .. . F Exisr N� aa a � � � ,,�� . "'' �- � t � � � � � � � 1 ---- ..-,NS �', i � i '- � � � ��_ . w � � � � Y � � � � � � � . � �_ .�. � � L, � � M_ v � sbl I � � ?',� s s � _ Y � �_� � � � ��""�� —�� F"� � F� �� _ �^'�,, . . .. __ ` — — — — � \ . , ._ . : '! 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