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HomeMy WebLinkAbout20160780 Ver 1_401 Application_20160816-4■ Wikh+ersRaven+el NoOur People. Your Success. August 8, 2016 US Army Corps of Engineers Wilmington Regulatory Field Office Mr. John Policarpo 69 Darlington Avenue Wilmington, NC 28403 NC -Division of Water Resources 401 & Buffer Permitting Unit Ms. Karen Higgins 1617 Mail Service Center Raleigh, NC 27699 Re: NC State Ports Authority - Port of Wilmington - Receiving Track Rail Extension NWP 14 PCN Submittal WR Project #03070490.20 Dear Mr. Policarpo and Ms. Higgins, On behalf of NC State Ports Authority, we are requesting authorization from the USACE to use NWP 14 for 0.001 acres of permanent wetland impacts and 0.120 acres of permanent open water impacts (Jurisdictional RPW Ditch) for construction of an additional receiving track for the railroad system within the ports. We are also requesting a 401 WQC from NCDWR for the above referenced impacts. The project is located in the northern portion of the Port of Wilmington, southwest of the northern access gate off of Burnett Blvd in Wilmington, New Hanover County (Latitude: 34.206441°N; Longitude: - 77.951754°W). The project is located in the Cape Fear River basin and onsite waters drain to Greenfield Creek. The Water Quality Classification for Greenfield Creek is SC;Sw and the Stream Index Number is: 18- 76. The cataloging unit for the site is 03030005. Proposed Project The purpose of the proposed project is to construct an additional receiving railroad track which will increase the capacity of the arrival/departure tracks to allow for better efficiency in rail movement operations. The proposed project consists installation of ±3,800 If of new railroad track. With the addition of cargo volumes for a new wood pellet export facility, as well as increased volumes by current customers, the NC State Ports Authority has the need for additional track space. The new track will be used by Wilmington Terminal Railroad and serviced by CSX. The project is critical to the future growth of the Port of Wilmington, Wilmington Terminal Railroad and CSX. Project History The wetland delineation was reviewed and approved during a site meeting on 05/15/15 by Kyle Dahl with the Corps of Engineers and Chad Coburn with NC Division of Water Resources. In addition to the original JD Request submitted on 04/23/16, we have provided a Preliminary JD Request form with this submittal, and are requesting issuance of the Preliminary JD in conjunction with issuance of the NWP 14. Proposed Impacts The proposed impacts consist of 0.001 acres of permanent wetland impacts and 0.120 acres of permanent jurisdictional RPW ditch impacts. The proposed 0.001 acres of permanent wetland impacts are needed for installation of rip -rap above an existing culvert to prevent erosion and protect the culvert. 1410 Commonwealth Drive, Suite 1011 Wilmington, NC 28403 t: 910.256.9277 1 f: 910.256.2584 www.withersravenel.com I License No. C-0832 Cary I Greensboro Pittsboro I Raleigh I Wilmington Port of Wilmington- Receiving Track Rail Extension %0WithersRav nel Our People 'ti sucre5s. The proposed 0.120 acres of permanent impacts to the jurisdictional RPW ditch are necessary for construction of the additional receiving track. The impacts are necessary for expansion of the existing railroad bed in order to accommodate the new track. As shown in the enclosed cross-section detail, the fill for the railroad bed will encroach into the jurisdictional RPW ditch, and rip -rap will be placed on the fill slope to stabilize fill and prevent erosion. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Due to the linear nature of the project, as well as the limited space for installation of the needed receiving track, impacts could not be avoided. Proposed permanent wetland impacts have been minimized to only those impacts necessary for installation of rip -rap above an existing culvert to prevent erosion and protect the culvert. The impacts to the jurisdictional RPW ditch were minimized to the greatest extent possible. In order to maximize the existing uplands, the proposed receiving track was designed as close to the adjacent track as possible while maintaining adequate spacing needed between tracks for safe movement of trains. The backslopes of the fill for the railroad bed have been designed at a 1:1 slope to further minimize impacts to the jurisdictional RPW ditch. While the capacity of the ditch will be decreased as a result of proposed fill, there are no impacts to upstream drainage anticipated. In the existing condition, the overflow during heavy rain events floods into the adjacent wetlands, where the water is stored and slowly drains out, and will continue to function in this manner in the post -development condition. Mitigation Since proposed wetland impacts are less than 0.10 acres, no wetland mitigation is proposed. Additionally, mitigation is not required for impacts to jurisdictional surface waters, including jurisdictional RPW ditches, and therefore mitigation is not proposed. The current request is for 0.001 acres of permanent wetland impacts and 0.120 acres of permanent impacts to a jurisdictional RPW ditch (see the attached maps and PCN for details). Please feel free to call if you have questions or require additional information. Sincerely WithersRavenel Troy Beasley Senior Environmental Scientist Attachments: 1) PCN Form 7) Impact Exhibits & Cross -Section Detail 2) Agent Authorization 3) Wetland Delineation Exhibit 4) USGS Quads 5) New Hanover County Soil Survey 6) Preliminary JD Request Form Page 2 of 2 rq�0F W A Tom,, q 0 Niii� -c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NWP 14 or General Permit (GP) number: 1 c. 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 1 e. 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 1 h below. ® Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Port of Wilmington — Railroad Receiving Track Installation 2b. County: New Hanover 2c. Nearest municipality / town: Wilmington 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: NC State Ports Authority 3b. Deed Book and Page No. Book: 5005; Page: 2626 3c. Responsible Party (for LLC if applicable): Mark Blake — Director Engineering & Maintenance 3d. Street address: PO Box 9002 3e. City, state, zip: Wilmington, NC 28402 3f. Telephone no.: 910-251-5674 3g. Fax no.: 3h. Email address: mark.blake(a)nworts.com Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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: Troy Beasley 5b. Business name (if applicable): Withers and Ravenel 5c. Street address: 1410 Commonwealth Drive, Suite 101 5d. City, state, zip: Wilmington, NC 28403 5e. Telephone no.: 910-256-9277 5f. Fax no.: 5g. Email address: tbeasley@withersravenel.com Page 2 of 12 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): PID: R05908-003-002-000 1 b. Site coordinates (in decimal degrees): Latitude: 34.206441'N Longitude: - 77.951754°W (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: N/A — Linear Project 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to Greenfield Creek (Stream ID: 18-76) proposed project: 2b. Water Quality Classification of nearest receiving water: SC;Sw 2c. River basin: Cape Fear (HUC: 03030005) 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: The project area currently consists of an existing rail yard, a jurisdictional RPW ditch and forested wetlands. The general land use in the vicinity consists of commercial/transportation land use associated with the Port, and residential land use outside of the port. 3b. List the total estimated acreage of all existing wetlands on the property: Wetlands — ±0.78 acres RPW Ditch - ±0.32 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: N/A 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct an additional receiving railroad track which will increase the capacity of the arrival/departure tracks to allow for better efficiency in rail movement operations. The proposed project consists installation of ±3,800 If of new railroad track. With the addition of cargo volumes for a new wood pellet export facility, as well as increased volumes by current customers, the NC State Ports Authority has the need for additional track space. The new track will be used by Wilmington Terminal Railroad and serviced by CSX. The project is critical to the future growth of the Port of Wilmington, Wilmington Terminal Railroad and CSX. 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project consists of the construction of an additional receiving rail line. Construction will require expansion of the existing railroad bed to accommodate the new rail line, which will require placement of fill within the jurisdictional ditch, and placement of rip -rap on the fill slope to stabilize the fill. Typical commercial construction equipment and techniques will be used to construct the proposed project. Page 3 of 12 PCN Form — Version 1.3 December 10, 2008 Version 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / ®Yes El No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ®Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: WithersRavenel Name (if known): Troy Beasley Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Kyle Dahl with the Corps of Engineers approved the delineation at the site meeting on 05/15/15. We have included a Preliminary Jurisdictional Determination form with this submittal, and are requesting issuance of the PJD in conjunction with issuance of the NWP 14. Chad Coburn with NCDWR conducted stream determination on the RPW Ditch at the site meeting on 05/15/15, and determined that the feature was not a stream. 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ❑ No ® Unknown this project (including all prior phases) in the past? 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. Page 4 of 12 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ® Wetlands ❑ Streams - tributaries ❑ Buffers ® Open 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T Impact 2 Rip -Rap above Headwater Forest ® Yes ® Corps 0.001 acres ® P [_1T existing culvert ❑ No ® DWQ 2g. Total wetland impacts 0.001 acres 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 3i. Comments: 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T Impact 1 ® P ❑ T N/A Fill for construction of rail line Jurisdictional RPW Ditch 0.120 acres 4f. Total open water impacts 0.120 acres 4g. Comments: Page 5 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K 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. ❑ Neuse El Tar -Pamlico El Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact re uired? 131 ❑P❑T F-1 Yes ❑ No B2 ❑P❑T F-1 Yes ❑ No B3 ❑P❑T ❑Yes ❑ No 6h. Total buffer impacts 6i. Comments: D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Due to the linear nature of the project, as well as the limited space for installation of the needed receiving track, impacts could not be avoided. Proposed permanent wetland impacts have been minimized to only those impacts necessary for installation of rip -rap above an existing culvert to prevent erosion and protect the culvert. The impacts to the jurisdictional RPW ditch were minimized to the greatest extent possible. In order to maximize the existing uplands, the proposed receiving track was designed as close to the adjacent track as possible while maintaining adequate spacing needed between tracks for safe movement of trains. The backslopes of the fill for the railroad bed have been designed at a 1:1 slope to further minimize impacts to the jurisdictional RPW ditch. Page 6 of 12 PCN Form — Version 1.3 December 10, 2008 Version While the capacity of the ditch will be decreased as a result of proposed fill, there are no impacts to upstream drainage anticipated. In the existing condition, the overflow during heavy rain events floods into the adjacent wetlands, where the water is stored and slowly drains out, and will continue to function in this manner in the post -development condition. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Access during construction will occur in uplands. 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 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: ❑ warm ❑ cool ❑cold 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. Page 7 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 8of12 PCN Form — Version 1.3 December 10, 2008 Version E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? N/A % 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: At this time, the engineer does not believe that stormwater management will be required. However, the engineer is currently coordinating with NCDEQ on the matter, and if it is determined that stormwater management is required, a stormwater management plan will submitted to NCDEQ for review and approval. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ® DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? ❑ Phase II 3b. Which of the following locally -implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ® Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ 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 Page 9 of 12 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the ® Yes ❑ No use of public (federal/state) land? 1 b. 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 ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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.) ❑ Yes ❑ No Comments: 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, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 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 ❑ Yes ® No additional development, which could impact nearby downstream water quality? 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. The proposed project consists of the construction of an additional rail line to provide capacity for additional traffic as a result of the CRX hub in Rocky Mount. The proposed project is not anticipated to be a catalyst for future development that will result in impacts to nearby downstream water quality. 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. N/A Page 10 of 12 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ® Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Site reviews did not identify any potential habitat for any federally protected species known to occur in New Hanover County, except for the Northern Long Eared Bat. Potential habitat for the northern Long-eared bat (NLEB) is listed as mature forest with trees over 3" DBH, which is used for roosting during the day. The areas adjacent to the propose railroad track contains forested areas with trees over 3" DBH, and therefore is considered potential northern long eared bat habitat. The USFWS Final 4(d) rule for the Northern Long -Eared bat specifies that tree removal within the White Nose Syndrome (WNS) Zone is not prohibited as long as it occurs more than 0.25 miles from known hibernacula and does not result in destroying known occupied maternity roost trees, or any other trees within a 150 ft -radius from the maternity tree, during the pup season (June 1 — July 31). The proposed project is not located within 0.25 miles of any known hibernacula, nor is there any known maternity roost trees present on the project. The proposed construction of an additional rail line will occur within cleared areas adjacent to the existing rail lines and within the RPW ditch. The project will not result in the cutting of any trees over 3" DBH, and therefore will have No Effect on the NLEB. Therefore, consultation with the USFWS should not be required. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ® Yes ❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html. The EFH mapper classifies the Cape Fear River, located approximately 1,100 If west of the proposed project, as Essential Fish Habitat. However, the project will have sediment and erosion control measures in place to prevent sediment from escaping into downstream waters, which will prevent adverse impacts to Essential Fish Habitat within the Cape Fear River. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ® Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.goy/hpoweb/, to determine if there were any known historic or cultural resources within or in the vicinity of the proposed project. The SHPO online database classifies that Sunset Park Historic District (Site ID: NH2674) as a historic resource. Sunset Park is a residential subdivision dating back to 1914, which is located just east of Burnette Blvd, east of the project site. The Port of Wilmington and Sunset Park have coexisted for decades. The additional of a new rail line is not anticipated to have an effect on Sunset Park. Page 11 of 12 PCN Form — Version 1.3 December 10, 2008 Version 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The proposed project will be located in the 100 -year floodplain, but not in a floodway. The fill for construction of the rail line at Impact 2 will result in fill within the 100 -year floodplain which will elevate the rail line above the 100 -year floodplain elevation. However, this will not result in a rise in floodwater elevations within the overall 100 -year floodplain. Therefore, the project meets FEMA requirements. 8c. What source(s) did you use to make the floodplain determination? www.ncfloodmaps.com <S Troy Beasley — WithersRavenel Authorized Agent 08/0816 Date Applicant/Agent's Signature Applicant/Agent's Printed Name (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 12 of 12 PCN Form — Version 1.3 December 10, 2008 Version ■■ WithersRavenel 0 Our People. Your Success. AGENT AUTHORIZATION WITHERS a- RAVEN EL ENGINEERS PLANNERS I SURVEYORS AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Owner INC State Ports Authority (Client) does hereby appoint Withers & Ravenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Port of Wilmington. The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Date: /*",* 70 A 2- .9 /S" Agent's Name, Address & Telephone: Signature of Client: AAn 1� Withers & Ravenel. Inc. � 4"Z X31 #,et , P�' A, eT••t G,.✓ ti•«iG '�T�N""u (Name -Print) (Title)� 1410 Commonwealth Drive, Suite 101 , Wilmington, NC 28403 (Signature) Tel. (910)-509-6512 Po• box I o 0 2. Mailing Address Wwn •✓GTi✓ N c- 2 rqp 7— City City State Zip Phone: 17 (.0 ZSl -Sf.4�( Email: M 4•e X. t, 1.4K£ 0, NGpo 0.Tf. Ca&, 115 MacKenan Drive I Cary, NC 27511 I tel.: 919.469.3340 1 fax: 919.467-6008 1 www.withersravenel.com I License No. C-0832 1410 Commonwealth Drive I Suite 1011 Wilmington, NC 28403 1 tel: 910.256.9277 1 fax: 910.256.2584 7011 Albert Pick Road I Suite G I Greensboro, NC 27409 1 tel: 336.605.3009 1 fax: 919.467.6008 :0 WithersRavenel Our People. Your Success. WETLAND DELINEATION EXHIBIT r � r ` .y •' , ' GRAPHIC SCALE 0 60 120 1 inch = 120 ft. x • �� Aw Z�v, EXISTING RAIL YARD.► 1!4 � �,�► - _ of ,p .. AA% J . ,olo� , 400, V -T rw f OPV NOTES: 1) WETLAND DELINEATION APPROVED BY KYLE DAHL WITH CORPS OF ENGINEERS ON 05/15/15. -W PORT OF WILMINGTON j WETLAND H DELINEATION ;! WithersRavenet RBIT RECEIVING TRACK RAIL EXTENSION Engineers I Planners I Surveyors 1 :0 WithersRavenel Our People. Your Success. USGS QUADS & NEW HANOVER CO. SOIL SURVEY TM Ur r a PORT OF WILMINGTON RECEIVING TRACK RAIL EXTENSION ON NEW HANOVER COUNTY NC Nil q NEW HANOVER CO. SOIL SURVEY - SHEET 18 GRAPHIC SCALE 0 200 400 1 inch = 400 ft. Y — . -."' 400WithersRavenel 1 / Engineers I Planners I Surveyors :0 WithersRavenel Our People. Your Success. PRELIMINARY JD REQUEST FORM ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Troy Beasley - WithersRavenel 1410 Commonwealth Drive, Suite 101; Wilmington, NC 28403 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Located in the northern portion of Port of Wilmington, southwest of northern access gate off of Burnette Blvd. (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: New Hanover City: Wilmington Center coordinates of site (lat/long in degree decimal format): Lat. 34.206441 ON; Long. -77.951754 OW. Universal Transverse Mercator: Name of nearest waterbody: Greenfield Creek - Stream Index: 18-76; Water Classification: SC;Sw Identify (estimate) amount of waters in the review area: Non -wetland waters: linear feet: width (ft) and/or RWP Ditch - 0.32 acres. Cowardin Class: Riparian Stream Flow: Perennial Wetlands: 0.75 acres. Cowardin Class: Riparian Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: Non -Tidal: 1 E REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑✓ Field Determination. Date(s): 05/15/15- Kyle Dahl SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should be included in case file and, where checked and requested, appropriately reference sources below): ✓❑ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: WithersRavenel ❑✓ Data sheets prepared/submitted by or on behalf of the applicant/consultant. Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps ❑✓ U.S. Geological Survey map(s). Cite scale & quad name: Wilmington Quad - 1:24K ✓❑ USDA Natural Resources Conservation Service Soil Survey. Citation: New Hanover County Soil Survey - 1977 ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ❑✓ Photographs: ❑✓ Aerial (Name & Date): 2012 - NHC aerials ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 2 or 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later 'urisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) 4 Signat re and date of person requesting preliminary JD 08/08/16 (REQUIRED, unless obtaining the signature is impracticable) Preliminary JD Inventory Table Estimated Amount of Class of Aquatic Site Number Latitude Longitude Cowardin Class Aquatic Resource in the Review Area Source Wetland A 34.206356°N -77.951782°W Riparian ±0.05 acres Non -section 10 wetland Wetland B 34.206773°N -77.951507°W Riparian ±0.73 acres Non -section 10 wetland Ditch 1 Non -section 10 (Jurisdictional RPW 34.206747°N -77.951312°W Riparian ±0.32 acres non -wetland Ditch) r � r ` .y •' , ' GRAPHIC SCALE 0 60 120 1 inch = 120 ft. x • �� Aw Z�v, EXISTING RAIL YARD.► 1!4 � �,�► - _ of ,p .. AA% J . ,olo� , 400, V -T rw f OPV NOTES: 1) WETLAND DELINEATION APPROVED BY KYLE DAHL WITH CORPS OF ENGINEERS ON 05/15/15. -W PORT OF WILMINGTON j WETLAND H DELINEATION ;! WithersRavenet RBIT RECEIVING TRACK RAIL EXTENSION Engineers I Planners I Surveyors 1 :0 WithersRavenel Our People. Your Success. IMPACT EXHIBITS & CROSS-SECTION DETAIL SITE 3 S c ess :P o N sopa P\a"amaP N 'yy� m Bunsen Ave Madison St £c f m N m Northern Blvd 9� c� �N 9 No G � E Myers St @ i r Y —14 a S VINCINITY MAP NOT TO SCALE / EXISTING RIGHT OF WAY (TYP.) PROJECT BOUNDARY PROPOSED RAILROAD (TYP.) EXISTING RAILROAD (TYP.) PORT OF WILMINGTON BURNETT BLVD. PROPOSEDIMPACTS SHEET IMPACT NUMBER PERMANENT WETLAND & DITCH (SF) (AC) A 1 5,260 0.12 1 2 25 0.00 TOTALS 1 2 5,285 1 0.121 SEE IMPACTMAP A N" I M PACT MAP A EXISTING LOT LINES GRAPHIC SCALE (TYP.) 100 0 50 100 /10 1 inch = 100 ft. No. Revision Date B ,g— PORT O F WILMINGTON LM I N GTO N WithersRavenel o OVERALL WETLANDS IMPACT MAP 138 8316 RAILROAD INTERCHANGE TRACK INSTALLATION Engineers lP�annerslSurveyors 1 Checked By lob No. 030]049°.20 Wilmin ton New Hanover County NC 1410 Commonwealth Dr.Swte1011Wil.-g-NC284031t:910.256.927711,,n,e#:COS321w'.,,ther,,,,,nerco,n PROJECT BOUNDARY .Q4� EX. 10' GRAVEL DRIVE `a. EXISTING WETLANDS Aft" EXTEND (2) 24' CMP'S BY APPROX. 10' WETLANDS JURISDICTIONAL DITCH I IMPACT 1 . (NOT SUBJECT TO 14 14 14 14 14 1, 14 14 IMPACT 2 PERMANENT JURISDICTIONAL CAMA JURISDICTION) 1:1 CLASS B RIP -RAP aW� PERMANENT WETLAND IMPACT RPW DITCH IMPACT 14 14 14 14 14 14 14 14 14 14 14 14 25 SF (0.001 AC) 5,260 SF (0.12 AC) \ ° 1:1 CLASS B RIP -RAP _ -- -- — — —— — __--_ I---------�— --------- _-- —__3.—_---_—_—_----- IIII = E IE__ __D D 7-7. HT TT T- E E E r l_ l_1 D El E H T T T E E E r+ + III PROPOSED RAILROAD (TYP.) (2) EX. 24" CMP EXISTING RAILROAD (TYP.) BURNETTE BLVD. 0 1 inch = 50 ft. No. Revision Date §y Designer Bale PORT OF WILMINGTON 1/ l Scak JE Drawn By Dare WETLANDS IMPACT MAP Wit ersRavene Checketl l 1ob No. 8-3-16 RAILROAD INTERCHANGE TRACK INSTALLATION EngineerslPlannerslSurveyors gy T O 0490.20 Wilmington New Hanover County 1410 Commonwealth Dr. Suite 101 I Wilmington, NC 284031 t:930.256.927711 icense#:C-08321 vmv9.withersravenel..m 0 L� NEW RECEIVING TRACK TRACK CENTERS 15' EXISTING ZERO 15'-20' TRACK I I I I I I I I I APPROXIMATE EXISTING GRADE STA. 2+50 - STA. 6+90 RAIL CROSS-SECTION AT WETLANDS/DITCH AREA NTS 2% FILL MATERIAL 1:1 CLASS B RIP -RAP OVER FILTER FABRIC. SLOPE TO EX. GRADE.