HomeMy WebLinkAbout20160780 Ver 1_401 Application_20160816 (2)-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
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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
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NOTES:
1) WETLAND DELINEATION APPROVED BY KYLE DAHL WITH
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RECEIVING TRACK RAIL EXTENSION Engineers I Planners I Surveyors
1
:0 WithersRavenel
Our People. Your Success.
USGS QUADS &
NEW HANOVER CO. SOIL SURVEY
TM
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a
PORT OF WILMINGTON
RECEIVING TRACK RAIL EXTENSION
ON NEW HANOVER COUNTY NC
Nil
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NEW HANOVER CO.
SOIL SURVEY - SHEET 18
GRAPHIC SCALE
0 200 400
1 inch = 400 ft.
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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)
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NOTES:
1) WETLAND DELINEATION APPROVED BY KYLE DAHL WITH
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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
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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
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OVERALL WETLANDS IMPACT MAP
138 8316 RAILROAD INTERCHANGE TRACK INSTALLATION Engineers lP�annerslSurveyors
1
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PROJECT BOUNDARY
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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
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NEW RECEIVING
TRACK
TRACK CENTERS 15'
EXISTING ZERO 15'-20'
TRACK I
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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.