20052168 Ver 2_401 Application_20080613

A
11
THE
WOOTEN
COMPANY
E N G I N E E R I N G
P I A N N I N G
A R C H I T E C T U R E
14308 Old Lenoir Road, NW
Hickory, NC 28601
828.322.5533
'ax 828.322.5242
0 5 -,?_ 16Y V;-
June 11, 2008
North Carolina Division of Water Quality
401/Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Re: Pre-Construction Notification Submittal
Poppleman Rail Spur
City of Claremont, North Carolina
To whom it may concern:
r V.,
v
Attached please find five (5) copies of a U.S Army Corps of Engineers (USACE)
Pre-Construction Notification (PCN) application package for the project referenced
above. Per Ms. Lia Myott, Express Coordinator of the 401 Oversight and Express
Permits Unit, five (5) copies of the PCN application package are to be submitted to
your office, not seven (7) as indicated on the PCN application form. Please note this
submittal is a request for renewal of a previous PCN filed in December 2005 as AID
200431429. Copies of the current PCN application and the December 2005 PCN
application are attached, as well as a copy of a USACE general permit verification of
AID 200431429 dated January 2006. As the expiration date of the USACE general
permit verification was March 18, 2007 and the project referenced above has not
been initiated, this request for renewal of AID 200431429 is being submitted.
Until now, funding issues made this project's initiation infeasible but additional
funding sources have enabled this project to go forward. The goals and specifications
of this project remain the same, and the necessary design documents are included as
part of this application. Copies of additional permits previously obtained for this
project are attached for your convenience, as documented in Section IV of the PCN
application.
If you have any questions or need further clarification please let me know.
Sincerely,
THE WOOTEN COMPANY
Clarence M. L amy E, PLS
CML/vts
T . T
THE
WOOTEN
COMPANY
ENGINEERING
P L A N N I N G
A R C H I T E C T U R E
14308 Oid Lenoir Road. NW
Hickory, NC 28601
828.322.5533
Plans Sent Under
Separate Cover
fax [phone]
ARCHITECTURE
Re: Pre-Construction Notification Submittal Poppleman Rail Spur
City of Claremont, North Carolina
Dear Mr. Chapin:
Attached please find a U.S Army Corps of Engineers (USACE) Pre-Construction
Notification (PCN) application for the project referenced above. Please note this
submittal is a request for renewal of a previous PCN cfiled in ation Deattached, 20 as AID
200431429. A copy of the December 2005 PCN application 31429
dated
2006 copy of a USACE general permit verification o? O?cation was March 8, 2007
As the expiration date of the USACE general permit
and the project referenced above has not been initiated, this request for renewal of
AID 200431429 is being submitted.
tional
Until now, funding issues made this project's The goals andspecific
lations
funding sources have enabled this project go forward.
of this project remain the same, and the necessary permits previous 1y tobtainedlfor this
part of this application. Copies of additional
project are attached for your convenience, as documented in Section IV of the PCN
application.
I hope that the application meets with your approval. If you have any questions or
need further clarification please let me know.
Sincerely,
THE WOOTEN COMPANY
4clare M. ckam , PLS
14306 016 Lenoir Road, NW CML/vts
Hickory, NC 28601
828.322.5533
fax [phone]
p5-.2168 v;-
APPLICATION FORM BEGINS ON PAGE 5. PLEASE DO NOT SUBMIT PAGES 1- 4.
Office Use Only: Form Version March 05
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
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, Regional or General Permit Number(s) Requested: 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: ?
H. Applicant Information
1. Owner/Applicant Information
Name: Patrick Niland
Mailing Address: City of Claremont
PO Box 446
Claremont NC 28601
Telephone Number: 828-459-7009 Fax Number: 828-459-0596
E-mail Address: [e-mail]
JUN 3 ??c1`3
oENF, - \NAi ti Q l-?` ;H
NE
WETLANDS AND STOR' IYV ' 1I bfA
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: Clarence M. Lockamy, PE, PLS
Company Affiliation: The Wooten Compan
y
Mailing Address: 1430 B Old Lenoir Road NW
Hickory, NC 28601
Telephone .Number: 828-322-5533 Fax Number: 828-322-5242
Updated 11/1/2005
Page 5 of 12
E-mail Address: [e-mail]
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: Poppleman Rail Spur
2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Catawba Nearest Town: Claremont
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers/names, landmarks, etc.): East on Hwy 70 from Hwy
16 toward Claremont. Right on NCSR 1739, left on NCSR 1734, left on NCSR 1731. NCSR
1731 is Keisler Dairy Road.
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): 35.6944 N and 81.1675 W
6. Property size (acres): Linear Road Project
7. Name of nearest receiving body of water: UT Lon Creek
8. River Basin: Catawba River Basin
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.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: The proposed right of way is illustrated on the Newton, NC
Updated 11 / 1 /2005
Page 6 of 12
USGS Topographical Quadrangle (1993) and is on the City of Claremont's Thoroughfare
plan The right of way passes through fields and forest and has one stream impact.
10. Describe the overall project in detail, including the type of equipment to be used: The project
entails the development of a thoroughfare road for Claremont for public access. Dozers,
track-hoes and other equipment will be used during construction. The design will allow for
the passage of aguatic life through the installation of the pipe below grade. The proposed
segment will connect to the existing terminus at Kelly Boulevard. No other impact will occur
to regulated waters.
11. Explain the purpose of the proposed work: The road will provide alternate traffic flows
between Keisler Dairy Road and US 70. The road will also serve a proposed industrial
facility.
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.I.P. project, along with
construction schedules. The following permits copies of which are attached, have previously
been issued for this project:
USACE Nationwide Permit Number 14 (AID 200431429) issued January 20, 2006, and expired
March 18, 2007.
DWQ 401 Water Quality Certification (DWQ # 05-2168) was issued on January 4, 2006, and
expired simultaneously with USACE AID 200431429.
North Carolina Department of Environment and Natural Resources (NCDENR) Letter of Erosion
and Sedimentation Control Plan (Plan) Approval was issued on December 14, 2005, and is due
to expire December 14, 2008 unless the Plan is instituted before the expiration date.
North Carolina Ecosystem Enhancement Program (NCEEP) payment acceptance decision letter
was issued on January 9 2008, and is due to expire on July 9, 2008 (renewal request has been
submitted to NCEEP). No record of any payment to NCEEP for this project has been reported.
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
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
Updated 11/1/2005
Page 7 of 12
listed separately in the tables below (e.g., culvert installation should be listed separately from
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: Impacts will result from the piping
and filling of an unnamed urban channel. CMP with baffles will be placed on a washed stone
bed. Flows will discharge into a riprap to dissipate flow energy. Pipes will be counterset by 1
foot or 20% of the diameter.
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 impacts due to both structure and flooding.
Wetland Impact Type of Wetland Located within Distance to Area of
Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact
(indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres)
( es/no) (linear feet)
N/A
N/A
N/A
N/A
N/A
N/A
Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: 0
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 acreage. multiDly length X width. then divide by 43.560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact Perennial or
Intermittent? Average
Stream Width
Before Impact Impact
Length
(linear feet) Area of
Impact
(acres)
Impact 1 N/A pipe perennial 2 203 0
Impact 2 N/A riprap/checkdam perennial 2 72 0

Updated 11/1/2005
Page 8 of 12
Total Stream Impact (by length and acreage) 275 0
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 Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc.) (acres)
N/A
N/A
N/A
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
Wetland Impact (acres): 0
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0
Total Stream Impact (linear feet): 275
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
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 may be 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
Updated 11/1/2005
Page 9 of 12

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. Impacts are required to provide
alternative traffic flows as part of the City of Claremont's thoroughfare plan. The current
alignment honors topographical constraints and property lines. Impacted lengths have increased
over original lengths in order to gain Norfolk-Southern approval.
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 (see DWQ website for most current
version.).
1. 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.
Mitigation will be provided by purchase into the NCEEP.
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
Updated 11/112005
Page 10 of 12
website at http://www.nceep.net/pages/inlieureplace.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): 275
Amount of buffer mitigation requested (square feet): N/A
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
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 a NEPA/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 Supply Buffer Requirements), or other (please
identify N/A)? Yes ? No
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.
* Impact I I Required
Zone Multiplier X44;-t;- I
1 3 (2 for Catawba)
2 1.5
Total
Updated 11/1/2005
Page 11 of 12
* 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.
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 15A 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. N/A (linear road project)
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 (linear road project)
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
http://h2o.enr.state.nc.us/ncwetiands. If no, please provide a short narrative description: The
objective of this project is to provide access to an existing industrial area. No information on
future development has been proffered as of this application.
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).
N/A
Ce I ! D
Applican is Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 12 of 12
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7893
CITY OF CLAREMONT
P.O. BOX 446
3288 EAST MAIN STREET
CLAREMONT, N.C. 28610
828/459-7009 • FAX [phone]
June 5, 2008
Mr. Steve Chapin
Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
The City of Claremont has authorized The Wooten Company to serve as the primary agent on the
Poppelman Rail Spur project. Any question or concerns please feel free to contact me.
Patrick K. Niland
Interim City Manager

T?q?wl?,hrF
INDUSTRIA RAI ROAD SPUR
FOR THE
C1 Y OF C AR MONT
GENERAL NOTES: CLAREMONT, NORTH CAROLINA
1. CONTRACTORS SHALL VISIT THE SITE OF THE PROPOSED WORK TO VERIFY
ONNSTTRUCTTIION FAMILIAR BMCONDITIONS POSAALS. AN QU PROPOSED OR OCTOBER 2005
CONCERNS THE CONTRACTOR MAY HAVE REGARDING THE PLANS,
SPECIFICATIONS, OR THE "WORK' SHALL BE DIRECTED TO THE ENGINEER. DRAWINGS SCHEDULE:
2. CONTRACTOR SHALL OBTAIN NECESSARY PERMITS AND PAY ALL REQUIRED
FEES BEFORE WORK BEGINS. SHEET
B s_HEFT D cralpTfON
3. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONDUCTING ALL WORK IN COt COVER SHEET WITH GENERAL NOTES
ACCORDANCE WITH THE LATEST RULES AND REGULATIONS OF THE CLAREMONT VICINITY MAP AND DRAWING INDEX
OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA). (1-40 oar las)
4. ALL TRACK CONSTRUCTION (I.E., WORK OCCURING ABOVE FINISHED SUBGRADE C02 SITE PLAN SHALL BE
CONSTRUCTIO CONTRACTOR CURRENTLY FORM D TO AN EXPERIENCED D RAILROAD
LICENSED WORK
OF NORTH CAROLINA C03 OVERALL LAYOUT
70 ?
THE STATE .
e C04 LEAD TRACK PLAN/PROFILE, STA D+DO TO STA 6+05
5. ALL BOUNDARY AND TOPOGRAPHIC INFORMATION IS BASED UPON A SPUR TRACK PLAN/PROFILE. STA 0+00 TO STA 5+00
SURVEY COMPLETED D BY WK DAND CO., INC MATI N IN FEBRUARY 2004.
COS SPUR TRACK PLAN/PROFILE, STA 5+00 TO 11+64 (END)
6. THE ENGINEER HAS ATTEMPTED TO LOCATE AND IDENTIFY ALL EXISTING
UTILITIES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO FIELD VERIFY THE EARTH
C06 LEAD TRACK PLAN/PROFILE STA 6+05 TO 11+56 (END)
LOCATIONS OF ALL U11UTIES PRIOR TO CONSTRUCTION AND TO NOTE ANY
NOTES
CONFLICTS. ANY DAMAGE TO UTILITIES INCURRED DURING CONSTRUCTION IS V N
C07 MAIN FILL CULVERTS MATERIALS DETAILS AND BORROW AREA
THE RESPONSIBILITY OF THE E CONTRACTOR AND SHALL BE REPAIRED D AT AT THE ? j
CONTRACTOR'S EXPENSE, CON TELEPHONE NUMBER IS 49. y b
C08 TRACK CONSTRUCTION DETAILS AND NOTES
7. THESE PLANS ARE SUPPORTED BY TECHNICAL SPECIFICATIONS AND THE
CONTRACT DOCUMENTS, WHICH SHAD. BE USED IN CONJUNCTION WITH THESE C09 EROSION/SEDIMENTATION CONTROL DETAILS
PLANS. REFER TO TECHNICAL SPECIFICATIONS FOR MATERIALS REQUIREMENTS, AND NOTES; SEQUENCE OF CONTROL
PARTICULARLY SECTION 06600 - 'RAILROAD LEAD/SPUR TRACK MATERIALS o z DETAILS AND NOTES
C10 CONTROL
EROSION/SEDIMENTATION ND NOTES
8. TRACKS SHALL BE CONSTRUCTED MATH A GAGE OF FOUR FEET EIGHT AND
ONE-HALF INCHES (4' - 8-1/2') ON TANGENTS AND CURVES. ALL TRACKS \ C11 REINFORCED CONCRETE INLET ENDWALL
SHALL BE CONSTRUCTED TO THE ALIGNMENTS AND GRADES SHOWN ON THE / FOR TWIN D C CR CULVERTS
APPROVED PLANS AND PROFILES, WITHOUT EXCEPTION.
9. FINAL APPROVAL OF THE TRACK FOR SERVICE IS THE PREROGATIVE OF / KELLY eau cvAnn eR z4? C12 REINFORCED CONCRETE OUTLET ENDWALL 84*0
NORFOLK-SOUTHERN RAILWAY COMPANY. FREQUENT CONTACT AND CLOSE
C13 FOR TWIN EROSION/SEDIM DIM CMPENTA710N CULVERTS
COORDINATION WITH COMPANY SUPERVISORY OFFICIALS BY THE CONTRACTOR r
CONTROL.
IS REQUIRED. DETAILS AND NOTES
10. CONTRACTOR SHALL PERFORM NO WORK ON NORFOLK-SOUTHERN RAILWAY W c
TRACKS, OR WITHIN COMPANY RIGHTS-OF-WAY, OR IN SUCH PROXIMITY AS d S1 REINFORCED CONCRETE ENDWALLS STRUCTURAL
TO INTERFERE WITH COMPANY'S TRACKS OR ROADBED, WITHOUT P THE AS PLANS, DETAILS AND NOTES
ADVANCE PERMISSION OF THE COMPANY. 'I
X1 I /' RW.i REINFORCED EARTH WRAPPED-FACE WALL
11. CONTRACTOR SHALL PLACE OR LAY NO TRACK OR TURNOUT ON THE ? ?l;ll \ EXPLICIT
PLAN VIEW
ROADBED UNTIL THE FINISHED SUB-BALLAST HAS BEEN INSPECTED AND 81 -? RW.2 REINFORCED EARTH WRAPPED -FACE WALL
APPROVED BY NORFOLK-SOUTHERN RAILWAY COMPANY. III PROPOSED LEAD TRACK ? ELEVATION
12. ALL TRACK AND TURNOUT MATERIALS SHALL BE STORED, HANDLED AND Rj I EXTENSION AND SPUR \
PLACED IN A MANNER THAT -- RW.3 REINFORCED EARTH WRAPPED-FACE WALL
ASSURES PROTECTION OF ALL SUCH MATERIALS al
%
FROM DAMAGE OR LOSS. VII
\ CROSS-SECTIONS & DETAILS
wl;
,11
i \ RW4 REINFORCED EARTH WRAPPED-FACE WALL
13. CENTERLINE ALIGNMENT OF THE TRACK AND THE LOCATIONS OF ALL
P0PPE"ANN USA
SPECIFICATIONS AND METHOD OF CONSTRUCTION
TURNOUTS, SWITCHGEAR AND OTHER APPURTENANCES MUST CONFORM TO Dr P4y Nmas?aA< SITE sN GM--LA ON THE APPROVED PLANS, AND SHALL BE FURTHER DEFINEDI
GM--LA
BY PHYSICAL ON-THE-GROUND STAKED LOCATIONS. 01N?\
14. AFTER COMPLETION OF TRACK AND TURNOUT CONSTRUCTION, CONTRACTOR \
SHALL REMOVE AND PROPERLY DISPOSE OF ALL TRASH, RUBBISH AND DEBRIS
FROM THE PROJECT SITE. THE TRACK PROJECT WILL NOT BE CONSIDERED -_ ?'>aSHAM
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COMPLETE, NOR WILL FINAL PAYMENT BE MADE, UNTIL A THOROUGH CLEANUP I I °N
OF THE ENTIRE WORK SITE HAS BEEN ACCOMPLISHED, SCALE 1° 600'
15. REFERENCES MADE ON THESE DRAWINGS TO SPECIFIC MANUFACTURERS'
PRODUCTS ARE PROVIDED SOLELY FOR THE PURPOSES OF INFORMATION AND ° °?tNO
COMPARISON. SIMILAR PRODUCTS OFFERED BY OTHER MANUFACTURERS THAT
ARE FOUND . TO BE AN EQUAL IN QUALITY AND PERFORMANCE TO THAT SHOWN 6Egl } ? Nu." `N` (5283272-86690111 ) OVAL
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PROJECT VICINITY MAP m OCTOBER 2005 ?/I( CKORY, NC
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PROVIDE CUT-SHEETS, SPECIFICATIONS AND OTHER SUPPORT DOCUMENTS FOR F?a ca?stnu
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 200431429 County: Catawba USGS Quad: Newton
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Matthews Construction Co.. Inc.
Address: 210'First Avenue South
Conover, NC 28613
Telephone No.: 828-464-7325
Size and location of property (water body, road name/number, town, etc.): The proposed railroad
extension is located on the north side of Keisler Dairv Road, in Claremont, Catawba County, North
Carolina.
Description of projects area and activity: This permit authorizes the placement of fill associated with
the construction of a rail road spur. Imnacts to stream channels authorized by this nermit are 275
linear feet of an unnamed tributary to Long Creels. This authorization is a revision of a previously
issued permit dated March 2, 2005. Total impacts authorized for the proposed rail spur are 275
linear feet of stream channel.
Special Condition
You shall mitigate for unavoidable impacts to 275 linear feet of stream channel associated with/
this project by payment to the North Carolina Ecosystem Enhancement Program (NCEEP) in the
amount necessary to perform restoration to 275 linear feet of warm water stream in the Catawba
Basin (Cataloging Unit 03050102). Construction within jurisdictional areas on the property shall
begin only after the permittee has made full payment with certified check to the NCEEP, and the
NCEEP has made written confirmation to the District Engineer, that it agrees to accept
responsibility for the mitigation work required, pursuant to Paragraph IV.D. of the Memorandum
of Understanding between the North Carolina Department of Environment and Natural
Resources and the U.S. Army Corps of Engineers, Wilmington District, dated November 4,
1998.
Applicable Law: © Section 404 (Clean Water Act, 33 USC 1344)
? Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached Nationwide conditions and your submitted plans. Any violation of the attached conditions or deviation
from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate
legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Amanda Jones at 828-271-7980 x231.
Corps Regulatory Official Amanda Jones Date: Januarv 20, 2006
Expiration Date of Verification: March 18, 2007
Determination of Jurisdiction:
? Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
? There are Navigable Waters of the United States within the above described project area subject to the permit
requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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.
® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(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.
? The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _ Action ID
Basis of Jurisdictional Determination: The site contains a stream channel with indicators of an ordinary high water
mark. The stream channel on the property is an unnamed tributary to Long Creek which flows into the Catawba
River and ultimately flows to the Atlantic Ocean through the Santee-Cooper in South Carolina.
Corps Regulatory Official: Amanda Jones
Date March 2, 2005
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
WNP, Inc., Attn: Cl-nis Huysman, P.O. Box 224, Newton, NC 28658
Permit Number: 200431429
Permit Type: NW14
Name of County: Catawba
Name of Permittee: Matthews Construction Co.
Date of Issuance: March 2, 2005
Project Manager: Amanda Jones
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced pen-nit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
WarF9 pG
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0 lii? -'?
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
January 4, 2006
DWQ# 05-2168
Catawba County
Ms. Doris Bumgarner
City of Claremont
P.O. Box 446
Claremont, NC 28601
Subject: Poppleman Rail Spur
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Ms. Bumgarner:
You have our approval, in accordance with the attached conditions and those listed below, to
impact 275 linear feet (If) of unnamed stream to Long Creek in order to construct the Poppleman Rail
Spur in Catawba County, as described in your application received by the Division of Water Quality
(DWQ) on December 7, 2005. After reviewing your application, we have determined that this project
is covered by Water Quality General Certification Number 3404, which can be viewed on our web site
at http://h2o.enr.state.nc.us/ncwetlands. The General Certification allows you to use Nationwide
Permit Number 14 once it is issued to you by the U.S. Army Corps of Engineers. Please note that
you should get any other federal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water
Supply Watershed regulations.
The above noted Certification will expire when the associated 404 permit expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and
design that you described in your application. If you change your project, you must notify us in
writing, and you may be required to send us a new application for a new certification. If the property
is sold, the new owner must be given a copy of the Certification and approval letter; and is thereby
responsible for complying with all conditions.
In addition to the requirements of the certification, you must also comply with the following
conditions:
1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact
areas has commenced.
2. The base flow stream channel shall be maintained (reconstructed) immediately above and below the
proposed stream crossings. This may be accomplished through the construction of flood plain
benches or similar measures. These measures must be approved, in writing, by this office prior to
construction.
o One
N Carolina
aurally
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone [phone] Customer Service
Internet: h2o.enr.state.nc.us FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
3. Deed notifications or similar mechanisms shall be placed on all lots with remaining jurisdictional
wetlands and waters or areas within 50 feet of all streams and ponds on the property. These
mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404
Permit (whichever is later). A sample deed notification format can be downloaded from the
401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands.
4. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP)
in order to compensate for the impacts to streams. In accordance with 15A NCAC 2R .0402 and
15A NCAC 213 .0242(7), this contribution will satisfy our compensatory mitigation requirements
under 15A NCAC 2H.0506(h) and 15A NCAC 2B.0233(10). Until the EEP receives and clears your
check (made payable to: DENR - Ecosystem Enhancement Program), the stream impact shall not
occur. Ms. Carol Shaw should be contacted at [phone] if you have any questions
concerning the EEP. You have one month from the date of this Certification to make this payment.
For accounting purposes, this Certification authorizes the impact of 275 linear feet of perennial
stream in the Catawba River Basin, (Cataloging Unit 03050102); and 275 linear feet of stream
mitigation is required. Please be aware that the EEP rules require rounding of stream impacts to the
nearest foot (15A NCAC 2R .0503(b)).
5. The planting of native vegetation and other soft stream bank stabilization techniques must be used
where practicable instead of riprap or other bank hardening methods. If riprap is necessary, it shall
not be placed in the streambed, unless approved by the DWQ.
6. Storm water discharge structures at this site shall be constructed in a manner such that the potential
receiving streams (of the discharge) will not be impacted due to sediment accumulations, scouring
or erosion of the stream banks.
7. Sediment and erosion control devices, waste, spoils, solids, or fill of any kind shall not be placed in
wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the
Preconstruction Notification application. All construction activities associated with this project shall
meet, and/or exceed, those requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual and shall be conducted so that no violations of state water
quality standards, statutes, or rules occur.
8. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of
Completion" form to the 401/Wetlands Unit of the NC Division of Water Quality. Please send
photographs of the upstream and downstream sides of each culvert site to document correct
installation, along with the Certificate of Completion form.
9. Continuing Compliance. The applicant (City of Claremont) shall conduct all activities in a manner so
as not to contravene any state water quality standard (including any requirements for compliance
with section 303(d) of the Clean Water Act) and any other appropriate requirements of state and
federal law. If DWQ determines that such standards or laws are not being met (including the failure
to sustain a designated or achieved use) or that state or federal law is being violated, or that further
conditions are necessary to assure compliance, DWQ may reevaluate and modify this certification to
include conditions appropriate to assure compliance with such standards and requirements in
accordance with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the
applicant and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC
21-1.0503, and provide opportunity for public hearing in accordance with 15A NCAC 21-1.0504. Any
new or revised conditions shall be provided to the applicant in writing, shall be provided to the
United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404
of the Clean Water Act, and shall also become conditions of the 404 Permit for the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send
a written petition that conforms to Chapter 1506 of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Mr. Alan Johnson in the Mooresville Regional
Office at 704-663-1699 or Ms. Cyndi Karoly in the Central Office in Raleigh 919-733-9721.
Sincerely,
w
for Alan W. Klimek, P. E.
cc: Ian McMillan, Wetlands Unit
Toni Norton, Catawba County
Central Files
Chris Huysman
NORTH CAROLINA-DIVISON OF WATER QUALITY
401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
05-2168
In accordance with 15A NCAC 2 H .0500, the City of Claremont has permission as outlined below to
impact 275 linear feet of stream in order to construct the Poppleman Rail Spur in Catawba County, North
Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed
in the attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM
LOCATION:
COUNTY:
Keisler Dairy Rd. (SR 1731), South of Claremont
Catawba
BASIN/SUBBASIN Catawba (03050102)
Impacts:
275 linear feet of perennial streams
As required by 15A NCAC 2H .0506, and the conditions of this certification, you are required to
compensate for the above impacts through the restoration, creation, enhancement or preservation of wetlands
as outlined below prior to conducting any activities that impact or degrade the waters of the state.
Mitigation:
275 linear feet of perennial streams by EEP required for the 401 Water Quality Certification. In
correspondence dated November 30, 2005, the EEP indicated that 275 linear feet of stream mitigation will be
conducted by EEP if available within the cataloging unit. More may be required if mitigation is required outside
the unit.
Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program
must be rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre
increments according to 15 2r.0503(b).
One of the options you have available to satisfy the compensatory mitigation requirements is through
the payment of a fee to the Ecosystem Enhancement Fund per NCAC 2R .0503. If you choose this option,
please sign this form and mail it to the Ecosystem Enhancement Fund at the address listed below. An invoice
for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE
ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT
HAS BEEN PROCESSED BY THE EEP.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619
WQC #3404
This General Certification is issued in conformity with the requirements of Section 401,
Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 2B .0200 for
the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not
a part of the surface tributary system to interstate waters or navigable waters of the United States
(i.e., isolated wetlands) as described in 33 CFR 330 Appendix A (B) (14) of the Corps of
Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and
for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 213 .0200. The category of
activities shall include any fill activity for road crossings and is limited to fill less than one-third
acre in tidal waters and less than one-half acre in non-tidal waters. This Certification replaces
Water Quality Certification Number 2177 issued on November 5, 1987, Water Quality Certification
Number 2666 issued on January 21, 1992, Water Quality Certification Number 2732 issued on
May 1, 1992, Water Quality Certification Number 3103 issued on February 11, 1997, Water
Quality Certification Number 3289 issued on June 1, 2000 and Water Quality Certification
Number 3375 issued March 18, 2002. This WQC is rescinded when the Corps of Engineers re-
authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed
appropriate by the Director of DWQ.
The State of North Carolina certifies that the specified category of activity will not violate
applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217
if conducted in accordance with the conditions hereinafter set forth.
Conditions of Certification:
1. Enumerating and Reporting of Impacts:
Streams - Impacts to streams as determined by the Division of Water Quality shall be
measured as length of the centerline of the normal flow channel. Permanent and/or
temporary stream impacts shall be enumerated on the entire project for all impacts
regardless of which 404 Nationwide Permits are used. Stream relocations and stream
bed and/or bank hardening are considered to be permanent stream impacts. Any
activity that results in a loss of use of stream functions including but not limited to
filling, relocating, flooding, dredging and complete shading shall be considered
stream impacts. Enumeration of impacts to streams shall include streams enclosed
by bottomless culverts, bottomless arches or other spanning structures when a 404
Permit is used anywhere in a project unless the entire structure (including
construction impacts) spans the entire bed and both banks of the stream, is only
used for a road, driveway or path crossing, and is not mitered to follow the stream
pattern. Impacts for dam footprints and flooding will count toward the threshold for
stream impacts, but flooding upstream of the dam will not (as long as no filling,
excavation, relocation or other modification of the existing stream dimension, pattern
or profile occurs) count towards mitigation requirements.
Wetlands - Impacts to wetlands as determined by the Division of Water Quality shall
be measured as area. Permanent and/or temporary wetland impacts shall be
enumerated on the entire project for all impacts regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of wetland functions
including but not limited to filling, draining, and flooding shall be considered wetland
impacts. Enumeration of impacts to wetlands shall include activities that change the
hydrology of a wetland when a 404 Permit is used anywhere in a project.
UK KLFAIK UUNUUUTED BY NCDOT OR OTHER GOVERNMENT AGENCIES)
AND RIPARIAN AREA PROTECTION RULES (BUFFER RULES)
WQC #3404
• Lakes and Ponds - Lake and Pond Impacts Enumeration- Impacts to waters other
than streams and wetlands as determined by the Division of Water Quality shall be
measured as area. Permanent and/or temporary water impacts shall be enumerated
on the entire project for all impacts proposed regardless of which 404 Nationwide
Permits are used. Any activity that results in a loss of use of aquatic functions
including but not limited to filling and dredging shall be considered waters impacts;
2. Proposed fill or substantial modification of wetlands or waters (including streams) under
this General Certification requires application to and prior written concurrence from the
Division of Water Quality;
3. Application to and payment of a fee to DWQ is not required for construction of a driveway
to a single family lot as long as the driveway impacts less than 25 feet of stream channel
including any in-stream stabilization needed for the crossing;
4. Impacts to any stream length in the Neuse, Tar-Pamlico or Randleman River Basins (or
any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at
the time of application) requires written concurrence for this Certification from DWQ in
accordance with 15A NCAC 26.0200. Activities listed as "exempt" from these rules do not
need to apply for written concurrence under this Certification. New development activities
located in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not)
within the Neuse and Tar-Pamlico River Basins shall be limited to "uses" identified within
and constructed in accordance with 15A NCAC 2B .0200. All new development shall be
located, designed, constructed, and maintained to have minimal disturbance to protect
water quality to the maximum extent practicable through the use of best management
practices;
5. Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in 15A NCAC 2B. 0212 (WS-1), 2B.0213 (WS-II),
2B .0214 (WS-III) and 2B.0215 (WS-IV). Only water dependent activities, public projects
and structures with diminimus increases in impervious surfaces will be allowed as outlined
in those rules. All other activities require a variance from the delegated local government
and/or the NC Environmental Management Commission before the 401 Water Quality
Certification can be processed. In addition, a 30 foot wide vegetative buffer for low
density development or a 100 foot wide vegetative buffer for high density development
must be maintained adjacent to all perennial waters except for allowances as provided
under the Water Supply Watershed Protection Rules. For the purposes of this condition,
perennial waters are defined as those shown as perennial waters on the most recent
USGS 1:24,000 topographic map or as otherwise determined by local government
studies;
6. Additional site-specific stormwater management requirements may be added to this
Certification at DWQ's discretion on a case by case basis for projects that have or are
anticipated to have impervious cover of greater than 30 percent. Site-specific stormwater
management shall be designed to remove 85% TSS according to the latest version of
DWQ's Stormwater Best Management Practices manual at a minimum.
Additionally, in watersheds within one mile and draining to 303(d) listed waters, as well as
watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the NC
DENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when a site-specific stormwater management plan is
required.
WQC #3404
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality.
Approval of stormwater management plans by the Division of Water Quality's other
existing state stormwater programs including appropriate local programs are sufficient to
satisfy this Condition as long as the stormwater management plans meet or exceed the
design requirements specified in this condition. This condition applies unless more
stringent requirements are in effect from other state water quality programs.
• Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water Quality's
Wetlands Unit before the impacts specified in this Certification occur.
• The facilities must be designed to treat the runoff from the entire project, unless
otherwise explicitly approved by the Division of Water Quality.
• Also, before any permanent building or other structure is occupied at the subject site,
the facilities (as approved by the Wetlands Unit) shall be constructed and operational,
and the stormwater management plan (as approved by the Wetlands Unit) shall be
implemented.
• The structural stormwater practices as approved by the Wetlands Unit as well as
drainage patterns must be maintained in perpetuity.
• No changes to the structural stormwater practices shall be made without written
authorization from the Division of Water Quality.
7. Compensatory stream mitigation shall be required at a 1:1 ratio for not only perennial but
also intermittent stream impacts that require application to DWQ in watersheds classified
as ORW, HQW, Tr, WS-I and WS-11 unless the project is a linear, publicly-funded
transportation project, which has a 150-foot per-stream impact allowance;
8. In accordance with North Carolina General Statute Section 143-215.3D(e), any
application for a 401 Water Quality Certification must include the appropriate fee.
If a project also requires a CAMA Permit, one payment to both agencies shall be
submitted through the Division of Coastal Management and will be the higher of the two
fees;
9. In accordance with 15A NCAC 2H.0506 (h) compensatory mitigation may be required for
impacts to 150 linear feet or more of streams and/or one acre or more of wetlands. For
linear public transportation projects, impacts equal to or exceeding 150 feet per stream
may require mitigation. In addition, buffer mitigation may be required for any project with
Buffer Rules in effect at the time of application for buffer impacts resulting from activities
classified as "allowable with mitigation" within the "Table of Uses" section of the Buffer
Rules or require a variance under the Buffer Rules. A determination of buffer, wetland
and stream mitigation requirements shall be made for any Certification for this Nationwide
Permit. The most current design and monitoring protocols from DWQ shall be followed
and written plans submitted for DWQ approval as required in those protocols. When
compensatory mitigation is required for a project, the mitigation plans must be approved
by DWQ in writing before the impacts approved by the Certification occur, unless
otherwise specified in the approval letter. The mitigation plan must be implemented and/or
constructed before any permanent building or structure on site is occupied. In the case
of public road projects, the mitigation plan must be implemented before the road is
opened to the travelling public. Projects may also be implemented once payment is made
to a private mitigation bank or other in-lieu fee program, as specified in the written
concurrence of 401 Certification for a project. Please note that if a stream relocation is
conducted as a stream restoration as defined in The Internal Technical Guide for Stream
Work in North Carolina , April 2001, the restored length can be used as compensatory
mitigation for the impacts resulting from the relocation;
WQC #:
10. For any project involving re-alignment of stn
included with the 401 application for written
should include the same dimensions, patter
maximum extent practical. The new channe
shall not be turned into the new channel unt
bank stabilization shall be limited to native v
establishment of a 30 foot wide wooded anc
both sides of the relocated channel to the m
incorporating coir fiber and seedling establi:
allowed if it is necessary to maintain the phi
must provide written justification and any ca
rap coverage requested. If suitable stream
impact will need to be mitigated elsewhere;
11. Placement of culverts and other structures i
placed below the elevation of the streambec
aquatic life unless it can be shown to DWQ
Design and placement of culverts including
other structures including temporary erosior
manner that may result in aggradation, degi
wetlands or stream beds or banks, adjacent
structures. The applicant is required to prov
maintained if requested to do so in writing b
causeways or other fill projects are construe
wetlands, openings such as culverts or brid
hydrology of the system as well as prevent
aggradation, degradation or significant char
12. That appropriate sediment and erosion cons
outlined in the most recent version of the "N
Planning and Design Manual" or the "North
more appropriate (available from the Divisic
Regional or Central Offices) shall be in full c
the proper design, installation and operatior
Practices in order to assure compliance witl
standard;
13. All sediment and erosion control measures
removed and the original grade restored wit
Resources has released the project;
14. That additional site-specific conditions may
Certification in order to ensure compliance
standards;
15. Measures shall be taken to prevent live or f
freshwaters of the state until the concrete h
16. If an environmental document is required, tl
No Significant Impact (FONSI) or Record of
Clearinghouse;
17. If this Certification is used to access buildin
buildable without additional fill beyond that
WQC #3404
Certifications. For road construction purposes, this Certification shall only be utilized from
natural high ground to natural high ground;
18. When written concurrence is required, the applicant is required to use the most recent
version of the Certification of Completion form to notify DWQ when all work included in the
401 Certification has been completed;
19. Concurrence from DWQ that this Certification applies to an individual project shall expire
three years from the date of the cover letter from DWQ or on the same day as the
expiration date of the corresponding Nationwide Permit 14 or Regional General Permit
198200031, whichever is sooner.
Non-compliance with or violation of the conditions herein set forth by a specific fill project
may result in revocation of this Certification for the project and may also result in criminal and/or
civil penalties.
The Director of the North Carolina Division of Water Quality may require submission of a
formal application for Individual Certification for any project in this category of activity that
requires written concurrence under this certification, if it is determined that the project is likely to
have a significant adverse effect upon water quality or degrade the waters so that existing uses of
the wetland or downstream waters are precluded.
Public hearings may be held for specific applications or group of applications prior to a
Certification decision if deemed in the public's best interest by the Director of the North Carolina
Division of Water Quality.
Effective date: March 2003
DIVISION OF WATER QUALITY
By
Alan W. Klimek, P.E.
Director
WQC # 3404
Certificate of Completion
DWQ Project No.
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certification:
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules,
and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh,
NC, 27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized
agent, or the project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer
Rules, the approved plans and specifications, and other supporting materials.
Signature: Date:
If this project was designed by a Certified Professional
I, , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been
authorized to observe (periodically, weekly, full time) the construction of the project, for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the
observation of the construction such that the construction was observed to built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans
and specifications, and other supporting materials.
Signature: Registration No.: Date:

A LT;.E;WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
James D. Simons, PG, PE Land Quality Section Michael F. Easley, Governor
Director and State Geologist William G. Ross Jr., Secretary
December 14, 2005
LETTER OF APPROVAL WITH MODIFICATIONS
Ms. Doris Bumgarner, City Manager
City of Claremont
Post Office Box 446
Claremont, North Carolina 28610
RE: Project Name: Industrial Railroad Spur for the City of Claremont
Acres Approved: 17.5
Project ID: CATAW-2005-031
County: Catawba, Keisler Dairy Road/SR 1731
River Basin: Catawba
Submitted By: City of Claremont
Date Received by LQS: December 6, 2005
Plan Type: Revised
Dear Ms. Bumgarner:
This office has reviewed the subject erosion and sedimentation control plan. We find the
plan to be acceptable with modifications and hereby issue this letter of Approval With
Modifications. The Modifications Required for Approval are listed on the attached page. This
plan approval shall expire three (3) years following the date of approval, if no land-disturbing
activity has been undertaken, as is required by Title 15A NCAC 4B .0129.
Please be advised that Title 15A NCAC 4B .0118(a) requires that a copy of the approved
erosion control plan be on file at the job site. Also, you should consider this letter to give the
Notice required by G.S. 113A-61.1(a) of our right of periodic inspection to insure compliance
with the approved plan.
North Carolina's Sedimentation Pollution Control Program is performance-oriented,
requiring protection of existing natural resources and adjoining properties. If, following the
commencement of this project, it is determined that the erosion and sedimentation control plan is
inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (North
Letter of Approval with Modifications
City of Claremont
December 14, 2005
Page 2 of 3
Carolina General Statute 113A-51 through 66), this office may require revisions to the plan and
implementation of the revisions to insure compliance with the Act.
Acceptance and approval of this plan is conditioned upon your compliance with Federal
and State water quality laws, regulations, and rules. In addition, local city or county ordinances
or rules may also apply to this land-disturbing activity. This approval does not supersede any
other permit or approval.
Please be aware that your project will be covered by the enclosed NPDES General
Stormwater Permit NCGOl000 (Construction Activities). You should first become familiar with
all of the requirements for compliance with the enclosed general permit.
Please note that this approval is based in part on the accuracy of the information provided
in the Financial Responsibility Form, which you have provided. You are requested to file an
amended form if there is any change in the information included on the form. In addition, it
would be helpful if you notify this office of the proposed starting date for this project. Please
notify us if you plan to have a preconstruction conference.
Your cooperation is appreciated.
Sincerely,
Steve Allred, CPESC
Assistant Regional Engineer
Land Quality Section
SEA/ae
Enclosures: Certificate of Approval
Modifications Required for Approval
NPDES Permit
cc: W.K. Dickson
Inspection Department
Surface Water Protection

Letter of Approval with Modifications
City of Claremont
December 14, 2005
Page 3 of 3
MODIFICATIONS REQUIRED FOR APPROVAL
Project Name: Industrial Railroad Spur for the City of Claremont
Project ID: CATAW-2005-031
County: Catawba
1. Please send our office another copy of the erosion and sediment control plan, as we need two
copies for our files.
r?
'?--.:F?cos stem
PROGRAM
January 9, 2008
Chris Huysman
Wetlands and Natural Resource Consultants
3674 Pine. Swamp Road
Sparta, NC 28675
Project: Poppleman Rail Spur
Expiration of Acceptance: July 9, 2008
County: CATAWBA
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
CATAWBA
03050102 Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Impacts 0 0 275 0 0 0 0 0
Credits 0 0 550 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Amanda Jones, USACE-Asheville
Alan Johnson, NCDWQ-Mooresville
File
Sincerely,
?. V
WillrDGilmore, PE
Director
Rmtorik1g... E ... Prot" ow Its
RMEERlR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715.0476 / www.nceep.net
4
NORTH CAROLINA ECOSYSTEM ENHANCEMENT PROGRAM, NCEEP
IN-LIEU FEE REQUEST FORM
Revised 2/2612008
Print this form, fill in requested information, sign and date, and either mail to NCEEP, 1652 Mail Service Center, Raleigh, NC
27699-1652, fax to 919-715-2219, or email to Valerie Mitchener(a)ncmail.net. Attachments are acceptable for clarification
purposes (location map is required).
--- - ------ ------ - - --------
CONTACT INFORMATION APPLICANT'S AGENT (optional) APPLICANT
..._ ......
The Wooten Company city of Claremont
1. Business or Individual Name
2. Street Address or P O Box 1430B Old Lenoir Rd NW PO Box 446
3. City, State, Zip Hickory, NC 28601 Claremont, NC 28601
4. Contact Person Clarence Lockamy Patrick Niland -
5. Telephone Number [phone] [phone]
6. Fax Number [phone] [phone] _
7. E-Mail Address (optional) clockamy@thewootencompany. [e-mail]
com
PROJECT INFORMATION
8. Project Name poppleman Rail Spur
= -- _ -
9. Project Location (nearest town, city)
**ATTACH MAP SHOWING IMPACT LOCATION** Claremont, NC .......
..... .... _._._._........ - --------- -- -----------------
10. Lat-Long Coordinates (optional) - 35° 41' 39.84" N, -81 ° 10' 3" W
11. Project County
Catawba
12. River Basin
Catawba. River -Basi?? - --- - - - - - - - - - -- - - - -
13. Cataloging Unit (8-digit) (See Note 1) 03050101
14. Riparian Wetland Impact (ac.) (e.g., 0.13)
N/A= linear road project--
15. Non-Riparian Wetland Impact (ac.)
N/A -linear road prod ect
16 Coastal Marsh Impact (ac.)
17. Stream Impact (ft.) (e.g. 1,234) Warm Cool Cold
(See Note 2) _ o-7 rZ ---_ B 0
18. Buffer impact-Zone (sq. ft.) (e.g. 12,345) Zone 1: Zone 2:
(See Note 3)
19. Regulatory Agency Staff Contacts USACE:Mr- Steve DWQ: Liah Myott
(Indicate names, if known)
20. Other Regulatory ID Information
(e.g., USACE Action ID, if known) USAGE AID 200431429, DWQ# 05-2168
IMPORTANT Signature of Applicant or Agent:
Check (?) below if this request is a:
X revision to a current acceptance, or
re-submission of an expired acceptance
Date:
Note 1: For help in determining the Cataloging Unit, go to EPA's "Surf Your Watershed" web page:
http•//cfpub epa gov/surf/locate/index.cfm Note (9) above: requirement to attach location map.
Note 2: For guidance on stream temperatures, go to:
htt //www saw usace army mii/\NETLANDS/Mitigation/Documents/Stream/Appendices/Appendixl.pdf
Note 3: Buffer mitigation applicable only in the Neuse, Tar-Pamlico and Catawba river basins, and the Randleman Lake
Water Supply Watershed. Direct all questions to Valerie Mitchener at 919-715-1973 or [e-mail]
??- ?210V? ??.* q/?-7_3_3,Ir7P)/b
THE June 11, 2008
WOOTEN North Carolina Division of Water Quality
COMPANY 401/Wetlands Unit
1650 Mail Service Center
E N G I N E E R I N G Raleigh, NC 27699-1650
P L A N N I N G Re: Pre-Construction Notification Submittal
A R C H I T E C T U R E Poppleman Rail Spur
City of Claremont, North Carolina
To whom it may concern:
Attached please find five (5) copies of a U.S Army Corps of Engineers (USACE)
Pre-Construction Notification (PCN) application package for the project referenced
above. Per Ms. Lia Myott, Express Coordinator of the 401 Oversight and Express
Permits Unit, five (5) copies of the PCN application package are to be submitted to
your office, not seven (7) as indicated on the PCN application form. Please note this
submittal is a request for renewal of a previous PCN filed in December 2005 as AID
200431429. Copies of the current PCN application and the December 2005 PCN
application are attached, as well as a copy of a USACE general permit verification of
AID 200431429 dated January 2006. As the expiration date of the USACE general
permit verification was March 18, 2007 and the project referenced above has not
been initiated, this request for renewal of AID 200431429 is being submitted.
Until now, funding issues made this project's initiation infeasible but additional
funding sources have enabled this project to go forward. The goals and specifications
of this project remain the same, and the necessary design documents are included as
part of this application. Copies of additional permits previously obtained for this
project are attached for your convenience, as documented in Section IV of the PCN
application.
i
If you have any questions or need further clarification please let me know.
M
Sincerely,
THE WOOTEN COMPANY
ao, . -
Clarence M. L amy E, PLS
14308 0!d Lenoir Load, NW CML/vtsE
Hickorj, NC 28601 JUN 1 3 2Q?g
W?7G yNL)ENk - VVA I Lk uLPAU"i
828.322.5533 aN,? 3lORIIWATF.F BRAM-1?4
fax [phone]
i
11
THE
WOOTEN
COMPANY
ENGINEERING
P L A N N I N G
A R C N; E G T U R E
1.430E Old Lenoir Road. NW
Hickory. NC 28601
828.3225533
Application Sent
Under Separate
Cover
tax 828.322.5242