HomeMy WebLinkAbout20052168 Ver 1_Complete File_20050125o?o? W A TF9QG
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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
P1R@R0Wrq
JAN 1 0 2006
DENR - WATER QUALITY
WETLANDS AND STORMWATER BRANCH
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.
NorthCarolina
Aalur,741
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28115 Phone (704) 663-1699 Customer Service
Internet: h2o.enr.state.nc.us FAX (704) 663-6040 1-877-623-6748
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
401NVetlands Unit web site at http://h2o.enr.state.nc.us/ncwetiands.
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 2B .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 (919) 715-2227 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 401NVetlands 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 2H.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.
I
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 150B 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,
f
for Alan W. Klimek, P. E.
cc: Ian McMillan, Wetlands Unit
Toni Norton, Catawba County
Central Files
Chris Huysman
f
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
05-2168
4- ?4ft
Subject: 05-2168
From: Alan Johnson <Alan.Johnson@ncmail.net>
Date: Fri, 16 Dec 2005 10:55:24 -0500
To: Ian McMillan <Ian.McMillan@ncmail.net>
needs to go with application
Alan Johnson - Alan.Johnson@ncmail.net
North Carolina Dept. of Environment & Natural Resources
Div. of Water Quality
610 E. Center Ave., Suite 301
Mooresville, NC 28115
Ph: (704) 663-1699 Fax: (704) 663-6040
Subject: Rail Spur
From: wnrinc@aol.com
Date: Fri, 16 Dec 2005 10:50:45 -0500
To: Alan.Jolmson@ncmail.net
Content-Type: message/rfc822
Rail Spur
Content-Encoding: 7bit
Content-Type: application/msword
newtonquad.doc
Content-Encoding: base64
1 of 1 12/16/2005 11:04 AM
f
Triage Check List
Date: 12/12/05 Project Name: City of Claremont-Poppleman Rail Spur
DWQ#: 05-2168
County: Iredell
To: Alan Johnson, Mooresville Regional Office
60-day Processing Time: 12/07/05 - 2/05/06 -
From: Cyndi Karoly Telephone : (919) 733-9721
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
? Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
20o52'1 ()t3
Wetland and Natural Resource ?.??.-?..
Consultants, Inc. ='•.: ?'
December 5, 2005
U.S. Army Corps of Engineers
Asheville Regional Field Office
Attn: Ms. Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Re: Popplemnn Rail Spur (AID 200431315)
Nationwide Permit 39
City of Claremont, Catawba County, North Carolina
Ms. Jones
The purpose of this correspondence is to request a change to the City of Claremont - Popplemnn
Rail Spur permit. In order to fulfill the requests of the railroad, the proponent needs to increase
the amount of fill to be used for the embankment of this project. Attached is a letter from the
engineer with comments from the railroad that depict the required dimensions of the spur. We
request that the previous permit be reissued for 275 linear feet of fill with a 1:1 ratio of
mitigation; the previous authorization was for 149 linear feet. Mitigation will be provided by
purchase into the North Carolina Ecosystem Enhancement Program. Further mitigation will be
provided through the preservation of the remaining streams on the property.
Please call with questions or to discuss the project in further detail.
Best regards,
ris Huysmnn
828-320-8120
?j , 2005
pEC ?
DENR- pJSS?F?`t`P? BRF??H
?,???DS Al
Newton Office Canton Office
PO Box 224 wnrinc.com PO Box 882
Newton, NC 28658 Canton, NC 28716
828-465-3035 828-648-8801
828-465-3050 Fax 1 828-648-8802 Fax
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No.
(if any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 1.0 Permit ? Isolated Wetland Permit from DWQ
® 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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), 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: ?
11. Applicant Information
Owner/Applicant Information
Name: Doris Bumilarner C?G?d?I?
Mailing Address: Citv of Claremont p `?
?
PO Box 446 6
Claremont. NC 28601 DEC 7 20
[)EW ?ttaJS ?Eif NJA R ICH
Telephone Number: 828 459 7009 Fax Number:
E-mail Address:
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: Chris Huvsman
Company Affiliation: Wetland and Natural Resource Consultants. Inc
Mailing Address: PO Box 224
Newton. NC 28658
Telephone Number: 828 320 8120 Fax Number: 828 465 3050
E-mail Address: wnrincnao1.com
111. 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.
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, landmarks, etc.): East on Hwv 70 from Hwv 16
toward Claremont. Right on NCSR 1739, left on NCSR 1734, left on NCSR 1731. NCSR
1731 is Keisler Dairv Road
5. Site coordinates, if available (UTM or Lat/Long):35.6944 N and 41.1675 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Linear Road Project
7. Nearest body of water (stream/river/sound/ocean/lake): UT Long Creek
S. 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://l12o.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
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 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 aquatic 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 nronosed 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.
A Nationwide Permit Number 14 (AID 200 13 1 3 1 5) was issued on this project on March 2, 2005.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 channels. CMP with baffels
will be placed on a washed stone bed. Flows will discharge into a riprap to dissapate flow
energy. Pipes will be counterset by 1 foot or 20% of the diameter.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A
N/A
N/A
N/A
N/A
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditch ing/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year Iloodplains arc identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local Iloodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at help://w r%%'.Icnri.coy.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate if wetland is isolated (determination of isolation to he made by USACE only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )
Impact 1 pipe 203 UT Long Creek 2 perennial
Impact 2 riprap/checkdam 72 UT Long Creek 2 perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and alter, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.us?s, ov. Several intemet sites also allow direct download and printing of USGS maps (e.g., www.topozone.com,
www.mapqucst_com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 275
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name Waterbody Type of Waterbody
Site Number Type of ImPact* Impact (if applicable) (lake, pond, estuary, sound,
(indicate on ma) (acres) bay, ocean. etc.)
N/A
N/A
N/A
N/A
N/A
List each impact separately and identify temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
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
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
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.
Imnacts are required to nrovide alternative traffic flows as oart of the Citv of Claremont's
thoroughfare plan.The current alignment honors topographical constraints and property lines.
The impacts increased in order to lain 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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
littp://li2o.enr.state.nc.tis/ncwetlands/strm,-,ide.litml.
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.
M44Zation will be provided by purchase into the NC EEP Program.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://112o.enr.state.nc.us/wr2/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three 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)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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 (919) 733-508.3 to review current thresholds for environmental documentation.
Yes ? No ?
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 ?
Y. 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.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A)?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet)
Multiplier Required
Mitigation
I N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
* Zone I extends out 30 feet perpendicular from 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, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B.0242 or .0260.
N/A
XI. StormNvater (required by DWQ)
Describe impervious acreage (both 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.
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)
MIT. 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. 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
\ z- Os - 0 S
Applicant/Agent's Signature' Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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PROGRAM
Chris Huysman
Wetland & Natural Resource Consultants, Inc
P.O. Box 224
Newton, NC 28658
November 30, 2005
Project: Poppleman Rail Spur County: Catawba
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Pro?zram (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Bull'cr
Cataloging (Acres) (Linear Feet) Zone 1 Zone 2
Unit (Sq. Ft.) (Sq. Ft.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 275 0 0
03050102
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone I at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 Carol Shaw at (919) 733-5205.
Sincerely, J
illiam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
KestorZ .. F .. Protect' Dar Statue ???
• ? NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
WJ<
ODICKSON
community Infrastructure consultants
December 5, 2005
Mr. Chris Huysman
Wetland & Natural Resource Consultants
Post Office Box 224
Newton, North Carolina 28658
RE: Poppelmann Rail Design
Claremont, North Carolina
WKD No. 40220.00.Hl
Dear Mr. Huysman:
Norfolk- Southern has review authority on the referenced project since they will assume
ownership and maintenance of the rail extension in the future. WK Dickson has revised
the plans in accordance with Mr. Hugh Hyder's (head of Bridge and Structures) comments.
To satisfy Norfolk-Southern, the final design resulted in approximately 275 feet of stream
impacts.
Our original design limited the stream impacts to less than 150 feet using wrapped-face
earthen wall. These structures, while steep, have been used for similar applications;
however, Norfolk-Southern would not approve them for a lead track at this site.
According to their design manual, all embankments have to be at a slope no steeper than
2:1. Since we were limited in space on the downstream side, Mr. Hyder approved the
wrapped-face earthen wall on the downstream side but required sloped embankments on
the upstream side. According to geotechnical investigation, the on- site soils had to be
placed at 3:1 to support the calculated loads. This resulted in the 275 feet of stream
impacts.
Please feel free to call me if you have any questions or need further explanation of the
design criteria or site conditions.
Sincerely,
W. K. Dickson & Co., Inc.
401 411, Street. SlN
Suite 201
Hickory, NC 28602
Tel. 828.327.691 1
Fax 828.327.9164
www.wkdickson.com
North Carolina • South Carolina • Georgia • Florida
h Ak'?, ! L'
5 1 (?
Wetland and Natural Resource
Consultants, Inc.
U.S. Army Corps of Engineers
Asheville Regional Field Office
Attn: Ms. Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
December 5, 2005
Re: Poppleman Rail Spur (AID 200431315)
Nationwide Permit 39
City of Claremont, Catawba County, North Carolina
Ms. Jones
The purpose of this correspondence is to request a change to the City of Claremont - Poppleman
Rail Spur permit. In order to fulfill the requests of the railroad, the proponent needs to increase
the amount of fill to be used for the embankment of this project. Attached is a letter from the
engineer with comments from the railroad that depict the required dimensions of the spur. We
request that the previous permit be reissued for 275 linear feet of fill with a 1:1 ratio of
mitigation; the previous authorization was for 149 linear feet. Mitigation will be provided by
purchase into the North Carolina Ecosystem Enhancement Program. Further mitigation will be
provided through the preservation of the remaining streams on the property.
Please call with questions or to discuss the project in further detail.
Bast regards,
ris Huysman
828-320-8120
vvg I
j? 2005
DES ?
DEpS ?ypS10PPdnAZER6?CH
Newton Office
PO Box 224
Newton, NC 28658
828-465-3035
828-465-3050 Fax
wnrinc.com
Canton Office
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax
I
Office Use Only: Form Version May 2002
USACE Action ID No. DWQ No. O J i2 1 13 (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
1. Processing
1. Check all of the approval(s) requested for this project:
? Section 404 Permit ? Riparian or Watershed Buffer Rules
? Section 10 Permit ? Isolated Wetland Permit from DWQ
® 401 Water Quality Certification
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 Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here:
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ?
II. Applicant Information
1. Owner/Applicant Information 0 93
Name: Doris Bumimmer
Mailing Address: Citv of Claremont 7 2005
PO Box 446 pEC
Claremont. NC 28601 DENR-v4ATERQUALIV
WE"iDS AND S10RNIWATER BRE?JCN
Telephone Number: 828 459 7009 Fax Number:
E-mail Address:
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: Chris Huvsman
Company Affiliation: Wetland and Natural Resource Consultants, Inc
Mailing Address: PO Box 224
Newton, NC 28658
Telephone Number: 828 320 8120 Fax Number: 828 465 3050
E-mail Address: wnrincn.ao1.com
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, landmarks, etc.): East on Hwv 70 from Hwv 16
toward Claremont. Right on NCSR 1739. left on NCSR 1734. left on NCSR 1731. N_CSR_
1731 is Keisler Dairv Road
5. Site coordinates, if available (UTiV1 or Lat/Long):35.6944 N and 81.1675 W
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Property size (acres): Linear Road Project
7. Nearest body of water (stream/river/sound/ocean/lake): UT Long 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://ii2o.enr.state.nc.tis/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
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 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 aquatic life through the installation of the pipe below grade. The
proposed segment will connect to the existing terminus at Kellv Boulevard. No other impact
will occur to reuulated waters.
Explain the purpose of the proposed work:
The road will provide alternate traffic flows between Keisler Dai
road will also serve a proposed industrial facility.
IV. Prior Project History
Road and US 70
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.
A Nationwide Permit Number 14 (AID 20043 1 3 1 5) was issued on this project on March 2. 2005.
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. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must 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 channels. CMP with baffels
will be placed on a washed stone bed. Flows will discharge into a riprap to dissapate flow
energy. Pipes will be counterset by 1 foot or 20% of the diameter.
2. Individually list wetland impacts below:
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***
N/A
N/A
N/A
N/A
N/A
N/A
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, till,
excavation, flooding, ditch ing/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emcrgency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FGMA-approved local Iloodpfain maps. Maps are available through the FBMA Map Service Center at 1-800-358-9616, or
online at lulp!;/wr\%V m;l.?m•.
*** List a wetland type that best describes wetland to be impacted (e.g., f"reshwatcr/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.) Indicate It wctland is isolated (determination of isolation to be made by USAC13 only).
List the total acreage (estimated) of all existing wetlands on the property: 0
Total area of wetland impact proposed: 0
3. Individually list all intermittent and perennial stream impacts below:
Stream Impact
Site Number
(indicate on ma)
Type of Impact* Length of
Impact
(linear feet)
Stream Name** Average Width
of Stream
Before Impact Perennial or
Intermittent?
(please seci )
Impact I pipe 203 UT Long Creek 2 perennial
Impact 2 riprap/checkdam 72 UT Long Creek 2 perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain):
stabilization activities (cement wall, rip-rap, crib wall, 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.
** Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
www.uses.!"ov. Several internet sites also allow direct download and printing of USGS maps (e.g., wxv\v.topozone. com,
www.marquest.com, etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 275
4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.) below:
Open Water Impact Area of Name Waterbody Type of Waterbody
Site Number Type of Impact* Impact )
(if applicable) (lake, pond, estuary, sound,
(indicate on map)- (acres) bay, ocean, etc.)
N/A
N/A
N/A
N/A
N/A
List each impact separately and identity temporary impacts. Impacts include, but are not limited to: till, excavation, dredging,
flooding, drainage, bulkheads, etc.
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
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
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.
Imnacts are required to nrovide alternative traffic flows as hart of the Citv of Claremont's
thoroughfare plan.The current alhinment honors topographical constraints and property lines.
The impacts increased 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 March 9, 2000, 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 NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
http://li2o.enr.state.nc.us/ncwetlands/strm<,ide.litml.
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 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 NC EEP Program.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919) 733-5208 to determine availability and to request written approval of mitigation prior
to submittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://li2o.enr.state.nc.us/wM/index.litni. If use of
the NCWRP is proposed, please check the appropriate box on page three 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)
Does the project involve an expenditure of public (federal/state) funds or the use of public
(federal/state) land?
Yes ? No
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 (919) 733-5083 to review current thresholds for environmental documentation.
Yes ? No ?
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.
Will the project impact protected riparian buffers identified within 15A NCAC 213 .0233
(Neuse), 15A NCAC 213 .0259 (Tar-Pamlico), 15A NCAC 213 .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify N/A)?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers.
Zone* Impact
(square feet)
Multiplier Required
Miti,-,ation
I N/A 3 N/A
2 N/A 1.5 N/A
Total N/A N/A
Zone 1 extends out 30 teet perpendicular tom near bank of channel; Zone 2 extends an
additional 20 feet from the edee of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0212 or.0260.
N/A
XI. Stormwater (required by DWQ)
Describe impervious acreage (both 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.
N/A (Linear road project)
XI1. 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)
XI11. 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. 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
\ Z Cis - C S
Applicant/Agent's Signature' Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
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Ecosystem
PROGRAM
November 30, 2005
Chris Huysman
Wetland & Natural Resource Consultants, Inc.
P.O. Box 224
Newton, NC 28658
Project: Poppleman Rail Spur County: Catawba
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) 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 NC EEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin Wetlands Stream Buffer Buffer
Cataloging (Acres) (Linea- Fect) Zone I Zone 2
Unit (Sq. Ft.) (Sq. 1=1.)
Riparian Non-Riparian Coastal Marsh Cold Cool Warm
Catawba 0 0 0 0 0 275 0 0
03050102
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 ratio, (buffers, Zone 1 at a 3:1 ratio and Zone 2 at a 1.5:1 ratio). The type and amount of the compensatory
mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or CAMA Permit. 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 Carol Shaw at (919) 733-5205.
Sincerely, _
billiam D. Gilmore, PE
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACE - Asheville
Alan Johnson, DWQ Regional Office - Mooresville
File
Rs-t oru4g... F .. PYDtP,Gt Oar Sta t&
NCDENR
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net
E9DICKSON
community Infrastructure consultants
December 5, 2005
Mr. Chris Huysman
Wetland & Natural Resource Consultants
Post Office Box 224
Newton, North Carolina 28658
RE: Poppelmann Rail Design
Claremont, North Carolina
WKD No. 40220.00.Hl
Dear Mr. Huysman:
Norfolk- Southern has review authority on the referenced project since they will assume
ownership and maintenance of the rail extension in the future. WK Dickson has revised
the plans in accordance with Mr. Hugh Hyder's (head of Bridge and Structures) comments.
To satisfy Norfolk- Southern, the final design resulted in approximately 275 feet of stream
impacts.
Our original design limited the stream impacts to less than 150 feet using wrapped-face
earthen wall. These structures, while steep, have been used for similar applications;
however, Norfolk- Southern would not approve them for a lead track at this site.
According to their design manual, all embankments have to be at a slope no steeper than
2:1. Since we were limited in space on the downstream side, Mr. Hyder approved the
wrapped-face earthen wall on the downstream side but required sloped embankments on
the upstream side. According to geotechnical investigation, the on- site soils had to be
placed at 3:1 to support the calculated loads. This resulted in the 275 feet of stream
impacts.
Please feel free to call me if you have any questions or need further explanation of the
design criteria or site conditions.
Sincerely,
W. K. Dickson & Co., Inc.
401 4M Street. SVV
Suite 201
Hickory, NC 28602
Tel. 828.327.691 1
Fax 828.327.9164
www.wkdickson.com
North Carolina - Scuth Caroling - Georgia - Flo ida