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HomeMy WebLinkAbout20052168 Ver 1_Complete File_20050125o?o? W A TF9QG r D ? 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.) ?? `41t- ?i_ ?Isc JwJ \+ v)U< c cn?3 00 C3 U- O r. . 0¢ t Uuio 0 o,y6 ppF SQ i 'a. 0 pr U LE a:0 0a ?I r N O -% i rn 9? ' LLJ -C ?qcn w a) tT' I N V °N' 8 TEMPORARY - ?, • S? ---? SLOPE DRAIN - _ - - - --- , 6 b? °o 3:1 12: 0 TEMPORARY rn rn - SLOPE DRAIN rn 91 a- loot F _ E + ®203 X o oN ( a) co cn a /0 / - st cn 1 3.1 0 00 W co z ' Z N 0- a) 1- N 00 Z rn m- PY N rl r rn ' 8" TEMP U i rte, - i Q rn LOPE DRAIN o 8"OdVf-U 04 i <- ` Uo b p 1 1 __ r'? c?7 [ii ll N X O =A END 3w HMM VC rmw V32 l R? KitT? i? i f R 1??W?AIVv? Ky fY?qNii'?7? 7 1 Mae= NIL ?. Z all ? n I I D Y ?1 0 1?1 Z? Ul . '0 Y + Ecos e m 11 yst 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.) lk (n U Q u 013 00 OQO Z U) CL FUF- Z Z LL- L' °I- 0' 5 p z F [r U Q Iron cD U")O i NO r? i Cl) t- / Lij -- _ ?-+ -I- rox? oO po`??PeQ? N - Ox to ol C-7 ?/ - - X10 /- -- 01 r 18" TEMPORARY C%4? SL.OPE DRAIN - - - --- - el - 3- 6 - o, 2: cp --- - 18" TEMPORARY 0 °?' - ' g68_ SLOPE DRAIN G9 4 f _ ® 1.9?' /o { C) iF O N i ®23 - - o 1 N O a' O O _ ? cn i / rn t 1 ^ 3:1 C) W N O 01 a• o co O a mot . 04- C14 Z Ail r - W `t O O • - m) r- ? O to ILA. 8w TEMP Q ! LOPE DRAIN o _ o _ r .I ? ?tib pbo T Q'" NIdb0 3d0ls l d?y?i J era,?? J obd 8VUOdVfaL w8t l o ?yo 2 I- b N 1 I 1 / r'? ems} !i i /l Cl) a: IaYYII IM nO -C04,YSi r?A ? . SS oil i R jib AAN 7A, 4 ?? -•?--??. t-8 308 1531 , Q I'„ 9-9 3. OB 1531 A" OA _ R >. a 41 NNW r ct A" NOWNwim ell alR?. roar ro 1, 4 40 son= (zm !f!=j ?OO W 7 r M; 9 m 3 i ?i 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