20070183 Ver 1_Application_20070918

~' ~ 1101 Haynes Street Suite 101 Raleigh, NC 27604 Telephone
EcoScience
September 18, 2007
John Hennessy ,
Transportation Permitting Unit
N.C. Division of Water Quality
Mai] Service Center 1650
Raleigh, NC 27699-1650
RE: Application for Section 401 Permit, Cox to Hoskins Siding Improvements
Dear Mr. Hennessy,
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Please find enclosed aPre-Construction Notification and supporting materials to apply for a Section 401
permit for a crossing within the Cox to Hoskins Sidings Improvements project, under the N.C.
Department of Transportation Rail Division. The project involves improvements to an 8.9-mile section of
rail bed between High Point and Greensboro in Guilford County.
The crossing addressed in this permit package was formerly permitted by NCDWQ on March 27, 2007
under DWQ Project No. 07-0183. However, during construction changes were made in the design at the
stream and wetland crossing designated C20. The location of the replacement culvert was moved to the
south to avoid the need to set up jack and bore equipment in the on-site wetland (jack and bore equipment
is typically set up on the downslope side of a rail crossing). In addition, the new location improves the
angle of entry for the stream into the culvert. The new configuration increases overall stream impacts for
the project by 26 feet, for a total of 62 feet at C20. However, on-site mitigation in the form of natural
channel design is increased by 49 feet. Wetland impacts for the entire project remain at 0.08 acre.
Therefore, no additional mitigation is proposed for the new configuration at C20.
Since all nationwide permits and General 401 Certifications expired in March 2007, we are submitting a
new permit package rather than an addendum to the previous permit. We are applying for Nationwide
Permit 14 with the accompanying Water Quality Certification #3627.
We appreciate your attention and assistance in this matter. Please let us know if any additional
information is needed to expedite the permitting process.
Sincerely,
~~,~~~
s~rv~
Elizabeth Scherrer
EcoScience Corporation
cc: Andrew Williams, Raleigh Regulatory Field Office
Marc Hamel, NCDOT Rail Division
Attachments

Office Use Only:
USACE Action ID No.
DWQ No.
Form Version March o5
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ® Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
^ 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regiorial or General Permit Number(s) Requested: NWP 14
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
Owner/Applicant Information
Name: Mr. David Foster. PE
Mailing Address: N.C. Department of Transportation
Rail Division
1556 Mail Service Center
Raleigh NC 27699-1556
Telephone Number: 919-733-4713 Fax Number: 919-715-6580
E-mail Address: dbfoster(a~dot.state.nc.us
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
undated i iii;2oos
Page 5 of 9

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Cox to Hoskins Siding Improvements
2. T.LP. Project Number or State Project Number (NCDOT Only): N/A. NCDOT Rail
Division Proiect
3. Property Identification Number (Tax PIN): N/A. Railway right-of-way.
4. Location
County: Guilford Nearest Town: High Point
Subdivision name (include phase/lot number): N/A. Not in a subdivision.
Directions to site (include road numbers/names, landmarks, etc.): Corridor follows Norfolk
Southern rail line between High Point and Greensboro. Subject crossing is located
approximately 3100 feet southeast of the Scientific Street crossing of the rail line, inside the
eastern city limits of High Point.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): -79.96007453 °N 35.97245564 °W
6. Property size (acres): N/A. Property is a railroad siding with a 200-foot-wide (typical)
right-of--way.
7. Name of nearest receiving body of water: Deep River 17-3.3 (WS-IV)
8. River Basin: Cape Fear (CPF8 [03030003j)
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http:/lh2o.enr.statc.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Site conditions are enerally disturbed, typical for a railroad
bed. Forested buffers persist along the railroad grade outside of the maintained zone and
Updated 11/1/2005
Page 6 of 9

along stream margins. Surrounding land use consists of industrial, commercial, and
residential development.
10. Describe the overall project in detail, including the type of equipment to be used: A new
track will be installed approximately 15 feet to the south of the existing track. The existing
stone culvert will be replaced with a steel pipe.
11. Explain the purpose of the proposed work: Siding improvements for rail traffic between
Greensboro and High Point.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,.
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.LP. project, along with
construction schedules.- The on ig'nal jurisdictional determination for the project (attached, was
approved on January 22, 2003 (Action ID 2003 20342). The project corridor was recently
surveyed for any chan es in jurisdicitonal areas and an application for extension of the
jurisdictional determination was submitted on December 8 2006.
NCDOT project U2524 AB & AC (Greensboro Bypass required temporary realignment of
the railroad bed at Station 6550 of the proposed project Stream impacts were permitted under
USACE Action ID 2003 21137; DWQ# 030909. This stream reach will not be affected b.~e
pro osed project.
Section 401 and 404 permits were previously issued for this project The Section 401 permit
was issued on March 27, 2007 under DWQ Project No. 07-0183. The Section 404 permit was
issued on March 12, 2007 under USACE Action ID SAW-2007-955-241
A change was made in the crossing design for C20 subsequent to the permit issuance The
change results in Greater overall impacts for the project. Since all Nationwide Permits ex fired in
March 2007 a permit modification is not possible Impacts for this project are considered
cumulative; however, the increase in impacts at C20 will be mitigated on-site by natural channel
design.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
N/A. No future project plans.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
Updated I I / 1 /2005
Page 7 of 9

riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Fill will be placed to the south of
the existing railroad bed to accommodate the new track Earth fill will be placed in wetlands
and stream culverts will be extended or the culverts will be replaced using the jack and bore
method.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list imnacts due to hnth stn~cture and flnnrlinu
Wetland Im act
p
Site Number
(indicate on map)

Type of Impact T
ype of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
(yes/no) Distance to
Nearest
Stream (linear
feet) Area of
Impact
(acres)
C20 fill, culvert extension forested no 92 0.055

Total Wetland Impact (acres) 0.055
3. List the total acreage (estimated) of all existing wetlands on the property: 0.18 acre
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acrea~e_ mult;nly lenuth X u,;~Ith then rlivirle by d'~ SF(1
Stream Impact
Number
(indicate on map)
Stream Name _
Type of Impact Perennial or
Intermittent? Average Stream
Width Before
Impact Impact
Length
(linear feet) Area of
Impact
(acres)
C20 UT to Deep River culvert replacement intermittent 3 feet 62 0.0042

Total Stream Impact (by length and acreage) 62 0.0042
Updated 11/1/2005
Page 8 of 9

5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Open Water Impact

Site Number
(indicate on map)
Name of Waterbody
(if applicable)

Type of Impact Type of Waterbody

(lake, pond, estuary, sound, bay,
ocean, etc.) Area of

Impact
(acres)
None None None None None

Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.0042
Wetland Impact (acres): 0.055
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.0592
Total Stream Impact (linear feet): 62
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
N/A
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included. above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): N/A. No pond construction is proposed.
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): N/A
Current land use in the vicinity of the pond: N/A
Size of watershed draining to pond: N/A Expected pond surface area: N/A
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It maybe useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. During the desi ng_phase for
the proposed rail sidings fill slopes were minimized and track alignments were adjusted to avoid
Updated 11/1/2005
Page 9 of 9

and minimize impacts to turisdictional areas wherever possible Placement of the new sidin s as
close as possible to the existingtrack further minimizes impacts
At C20, the existing stone culvert is undersized and cannot be extended The jack and bore
method will be used to install the replacement culvert The new culvert will be placed south of
the existing culvert to avoid temporary impacts to the adjacent wetland area This placement of
the new culvert also reduces the angle of entry of the stream into the culvert In the revious
design, the culvert was placed to the north of the existing culvert
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application.
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http:/th2o.enr.statc.nc.us/ncwctlands/ytnngide hhYil.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
_ At C20, 62 feet of stream impacts will be offset by 80 feet of relocated stream using natural
channel design. Wetland impacts at this crossing do not change and wetland impacts remain
below the mitigation threshold for the entire Rro~ect
Updated I I/1/2005
Page 10 of 9

2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): None
Amount of buffer mitigation requested (square feet): None
Amount of Riparian wetland mitigation requested (acres): None
Amount ofNon-riparian wetland mitigation requested (acres): None
Amount of Coastal wetland mitigation requested (acres): None
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ® No ^
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or .SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water ®pply Buffer Requirements), or other (please
identify )? Yes No
Updated I 1 / I /2005
Page 11 of 9

2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone* Impact
(square feet) Multiplier Required
Mitigation
1 3,812 3 (2 for Catawba) 0
2 2,194 1.5 0
Total 6,006 0
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 1 SA NCAC 2B .0242 or .0244, or .0260. N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level.__ The following calculations are for the entire rail
protect. Considering railroad ballast as impervious the existing surface is 36 37 acres and the
proposed area is 44.93 acres. The railway right-of--way is 213 96 (200 feet x 46 600 feet)
Therefore, the impervious are will increase from 17 0% to 21 0%
XII. Sewage Disposal (required by DWQ)
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.
N/A. No wastewater will be generated
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ^ No
Is this an after-the-fact permit application? Yes ^ No
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
hltp:i/h2o.enr.state.nc.us/nc~~-etlands. If no, please provide a short narrative description: N/A
No future development is anticipated as a result of this project
Updated 11/1/2005
Page 12 of 9

XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
,- c u - 'g-~~ -v~
A plicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated I I / I /2005
Page 13 of 9

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U.S. ARMY CORPS OF ENGI
NEERS
Wilmington. District
Action ID: 200320342 County: Guilford
Notification of Jurisdictional Determination
Property
Owner NC DOT /.Rail Division
Marc Hamel
Address 1553 Mail Service Center
Raleigh, NC 27699-1553
Telephone Number
Authorized
Agent EcoScience
C/o Adam V. McIntyre
Address 1 i 01 Haynes Street Suite 101
Raleigh, NC 27604
Telephone Number 919 828-3518
Size and Location of Property {waterbody, Highway name/number, town, etc.) NC DOT /Rail
Division's Cox to Hoskins Siding Extension Project located south of I 40 to the intersection of
College Drive, adjacent to the Deep River, northeast of High Point, in Guilford County, North
Carolina.
Indicate Which of the Following apply:
0 There are wetlands on the above described. property which we strongly suggest should be delineated and surveyed.
The surveyed wetland lines must be verified by our staff before the Carps will make a final jurisdictional
deternunation on your property.
0 Because of the size of your property and our present workload, our identification and delineation of your wetlands
cannot be accomplished in a iimely manner. You may wish to obtain a consultant to obtain a more timely
delineation of the wetlands. Once the consultant has flagged a wetland line on the property, Corps staff will
review it, and, if it is accurate, we strongly recommend that you have the line surveyed for final approval be the
Corps. The Corps will not make a final jurisdictional deternlination on your property without an approved surve}~.
The wetlands on .your property have been delineated (limits were fla,~~ed in the field), and the
ltnuts of the Corps ~urasdiction have been explained to you It is recommended that you
provide a land survey of these flagged limits Yeritrcation of sicch a survey, unless there is a
ehan~e in the law or Maur published re~ulatioris,_could result in a signed dPtprm,naNn~ tY..,t
0 There are ro wetlands present on the above described property which are subject to the permit requirements of
section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
0 The project is located in one of the 20 Coastal Counties. You should contact the nearest State Office of Coastal
Management to determine their requirements.
Placement of dredged or fill material in wetlands on this property without a Department of the
Army permit is in most cases a violation of Section 301 of the Clean Water Act (33 USC 1311). A
permit is not required for work on the property restricted entirely to existing high ground. If you
have any questions regarding the Corps of Engineers re ulatory program, please contact
John Thomas f at _ / ~19 - 876 - R441 P.Xlencinn ~s
Project Manager Signature _
Date January 22 2003
Expiration
January 22, 2007
SURVEY PLAT OR )"'TEED SKETCH OF DESCRIBED PROPERTY AND THE WETLAND
DELINEATION FORM MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM.

_~r0'Cll~'I~C'E1.TION OFD' ~Di11I~'IST121~TIVI~~ ~~.PPF.,iL OPTI(?NS '_1ND PRtl(1'1~SS ~=~?vn
;;, ;,: _..: , ~ I~LQUES'I' Ft)Il AI'PE~I _
Applrcarit MrMarc Han 1 NC DOT /Rail Division File Number. A t onn ID..,. Dad ~~~+ ~ ~'
te: January 22,
1553 Marl Service Center, Raleigh, N.C. 27699-1553 200320342 ?003
Attached is:
r~~ r_-~_---' '
~JGG JGl:C1Ui1 UC1UVY'
INITIAL PROFFERED PERMIT (Standard Permit or Letter of ern7ission) A
PROFFERED PERMIT (Standard Permit or Letter of ermission} B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
XX PRELIlV1INARY JURISDICTIONAL DETERMINATION E
SEC`T'I ON T - T>1P fnll~,«-i„~7;r~F nr; t;~~ .,~,,,- ,- nht~ .,,,,a ~.,~:,;..,, . ~~:._._ _
..-a .~- ..~...~~ ,~~. ~.b«~., ~<<~.. ~r•<<~«~ ic~~i~uiti~ Dui rwnun~saaCrve appeal of t11e above
~~rigiptl. l~.~C~!r701~c~~ t11~O1'1?lat1Q21 7Tla~' be f011lld pit ~Ittl):~i~US£ACC.~tITIly.IT11UlI1ef~~Ur1CIlUIZS~C1~'~C~CWO%I'eb pC
(~'orps regulations at 33_, CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the per-rnit.
• ACCEPT: If you received a Standard Permit, you nray sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the pertrrit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within b0 days of the date of this notice, or you will. forfeit your right
to appeal the permit in the firhrre. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the pernut should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
~: rrcvrr>/tcr,ll rr;K.lvlt 1: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP}, you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP} because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to xhe division engineer. This form nmst be received by the division engineer within 60 days of the
date of this notice.
~,. r~tctvl.t i rJi~,1v1f1L: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within b0 days of the date of this notice.
D
nrrrcv v ~li ~ utci~lJlc;1 IUNAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If' you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.

.E: PRELIMINAR~i' JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If ynu wish., you may request an
approved JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may
provide new information. for .further consideration by the Corps to reevaluate the JD.
~~(r'~1~lUN ll -.IZEQUEST_I'OR APPEAL or OBJECTIONS TO ~1N INITIAL PROFFEKED PLRNIIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
rwlir i rvtvtu., u~ rvtctvin l 1uty: 1 ne appeal is htntted to a review of the administrative record, the Corps memorandum for the -
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the adnnistrative record. Neither the appellant nor the Corps may add new information or analyses to the record.. However,
you may provide additional information to clarify the location of information that is already in the administrative record.
Cnt~r'r 4 r ~, FAR n~rEcTt
if you have questions regarding this decisiou and,~or the appeal
process you may contact: Raleigh Regulatory Field Office
C/o John Thomas
6508 Falls of Neuse Rd., Suite 120
Raleigh, North Carolina 27615
Telephone: [phone]$30 ext. 25
- - -
Ifyou only have questions regarding the appeal process you may
also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Enguieers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
of aplaellant or
DIVISION ENGINEER:
Comrnander
U.S. Army Engineer nivision, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490

Telephone number:

!"~~`
. ~ ~~;,.
DATA FORM
ROUTINE WETLAND DETERMlNAT10N \~`~-.~------'~
(19$.7 COE Wetlands Delineation-Manual}
ProjectlSte: ~0 K - 1~loy ~K1 /~a: //.aa~ ~ Z --v Z
Daze:
Applicant/Ovscner: !~~ !"` -f2~ _ &..t ~ Count
Investigator: ,~~(c,4 c --~ y~ --~"" /''`~'J" ~ _
_,~._`"L-- if = .-~- `" State: /t/'L
Do Norma! Circumstances exist on the site? ~~ _~ ~ ,/
!s the site significantly disturbed (Atypical Situation}? Y~l~o Tan ectt~D:lD~ -'~'y'`~'~-
Is the area a potential Problem Area? Yes ~
(If Wearied, explain on reverse Ptot (D. -~ ~ ~
VEG1="t'ATION
Dominant Plant Soecies Stratum Indi
c
at
or
A
~
~
j
i
}
,~~~
4.

7.
8.
Percent of Dominant Species that are OBL, FACW or
FAC [excluding FAC-)
Remarks:
HYDROLOGY
Recorded Data (Describe in Remarks};
_Stream, Lake or Tide Gauge
_Aeriai Photographs
_Other
~Jo Recorded Data Available
Field Observations:
Depth of Surface Water: i`(in,i
Depth to Free Water in Pit: ~_(irt J
Depth to Saturated Soil: ~__°_(in I
Remarks:
Dominant Plant S ecies Stratum Indicator
~.
1 ~.
71.
12.
13.
14.
15.
76.
+~- ~(~ dl
Wetland Hydrology Indicators:
Primary Indicators;
_(nundated
Saturated in Upper 12 Inches
Water Marks
Drift Lines
Sediment Deposits
Drainage Patterns in Wetlands
Secondary Indicators 12 or mare required):
_Oxidized Root Channels in Upper 12 Inches
_Water-Stained Leaves
_Local Soil Survey Data
_FAC-Neutral Test
_Ofher (Explain in Remarks)

J V {LJ
Map Unit Name.
C ~ 6wc ~ ~~'
s ~ "~ Z ~b a a Drainage Class: P>'/
(Series and Phasel: Feld Observations
Taxonomy (Subgroup): ~~~~~~! 4 6't~«- ,/~
J-1y-~~'~ cG ra~~, Confirm Mapped Type: Yes
Profile Descriation:
Depth Matrix color Mottle Colors Mattie Texture, Concretions,
inches Horizon (Munsell Moistl (Munsell Moist} Abundance(Contrast Structure. etc.
YR .z12
(c~ --- ld~.~r
~ (
Hydric 5oi1 Indicators:
Histosol _ Concretions'
_
Histic Epipedon _ High Organic Content in Surface layer in Sandy Solis
Sulfidic Odor
~ !Organic Streaking in Sandy Soils
_
Aquic Moisture Regime _ Listed on Local Hydric Soils List
Reducing Conditions _ Listed on National Hydric Soils List
Gteyed or Low-Chrome Colors _ Other {Explain in Remarks)
Remarks:
JVETI_All[tJ LJt 1 tfilVtitVli7 1UtV
Hydrophytic Vegetation Present? Yes ~ (Circlet {Circle)
Wetland Hydrology Present? Yes ~ ,
Hydric Sails Present? Yes ~ Is this Sampling Point Within a Wetland? Yes
Remarks:
r~~rNruvGU uy nuv.a r~~..~ ci.J.
HJL ,,
8/93

DATA FORM (;
ROUTINE WETLAND DETERMINATION '~
1198.7 COE Wetlands Delineation Manual)
Project/Site: ~ox - j~,,, k;K} /2u ; l~d4 ~ Date: ~ -Z p ~ p
Applicant/Owner: ~/C ~~ / ,.._ ~ ~ Z
~~-S~t County: tra ~; /,r,,
.Investigator: ~~o~ ~ /rt: '~ ~~ ~~
State ~L
Do Normal Circumstances exist on the site?
Is the site significantly disturbed fAt ~ ~ N0 Community 1D: ~,/6_ f(_,,f
ypical Situation). Yes PIS Transect 1D:
is the area a potential Problem Area? _l~
ftf needed, explain on reverse Yes ~ Plot 1D:
VEGETATION
ominant Plant S ecies 5iratum Judicator
~ . t!-• SG: ~...~. ~ 17,x: ~ : f!~ s ._.L_ Fd C f
Z. ~iQ ~itQ) QCCiG~[S~L~J:f 1 ~~tl~f
3.

S. CGr~tc GMa stun, ..~ fiffCr/+
6.

8.
Percent of Dominant Species that are 4J3L, FACW or
FAC (excluding FAC-)
Dominant Plant Soecies Stratum Indicator
s.
10.
11.
12.
13.
14.
15.
i6.
> Std S~,
Remarks:
HYDROLOGY
-Recorded Data (Describe in RemarksJ:
-Stream, Lake or Tide Gauge
-Aerial Photographs
-Other
~4Vo Recorded Daia Available
Field Observations:
Depth of Surface Water: 2_°~ ~~ (in J
Depth to Free Water in Pit; _~_fin.1
Depth to Saturated Soil: .. =` _Iin.)
Remarks:
Wetland Hydrology Indicators:
Primary Indicators:
~tnundated
ySaturated in Upper 12 Inches
Water Marks
Drift lines
_Sediment Deposits
„Drainage Patterns in Wetlands
Secondary Indicators f2 or more requiredi:
-Oxidized Root Channels in Upper 12 Inches
Water•Stained Leaves
Local Sail Survey Data
FAC-Neutral Test
-Other (Explain in Remaeksi

cnn
Map Unit Name. r
iSeries and Phase): ~ ~ ~ t''r4'~ { G ~ /")
..~~+t~7 l'--G.~ Drainage Class: LJ
Feid Observations
Taxonomy iSubgroupl: ~rl+<.tlG~k6.t~%c ,~t
LJ7 ~'~~o c ~~6,[J~'~ Confirm Mapped Type; Yes No
Profile Descriation:
Depth Matrix Color Mottte Colors Motile Texture, Concretions,
inches Horizon (Munseil Maistl tMunseil MoistL_ Abundance/Contrast Strvctnre. etc.

---~
Hydric Soil Indicators:
Histosoi
~ _ Concretions'
Histic Epipednn _ High Organic Content in Surface layer in Sandy Soils
_
_ Suifdic Odor _ Organic Streaking in Sandy Soils
_. Aquic Moisture Regime _ Listed on Local Hydric Soils List
Reducing Conditiotts _ Listed on National Hydric Soils List
Gteyed or Low-Chrama Colors _ Other (Explain in Remarks-
Remarks:
WETLAND DETERMINA"i"lON
Hydrophytic Vegetation Present?
Wetland Hydrology Present?
Hydric Sails Present?
~ Remarks:
t~ No {Circle) {Circle)
>~ No
1(~ No Is this Sampling Point Within a Wetland? ' No
Approved by HQU5ACE 2/92
HJL '
8/93 _ . ,.

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