Loading...
HomeMy WebLinkAbout20060677 Ver 2_Complete File_20060831Michael 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 September 9, 2006 DWQ Project # 06-0677 Wake and Johnston County Mr. Scott Saylor North Carolina Railroad Company 2809 Highwoods Blvd., Suite 100 Raleigh, NC 27604-1000 Subject Property: Auburn, NC Sidings White Oak Creek [03020201, 27-43-11, C NSW] Little Creek [03020201, 27-43-12, C NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B.0233) with Additional Conditions Dear Mr. Saylor: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.61 acres of wetland, 336 linear feet of stream, and 20,365 SF of protected riparian buffer (14,397 SF of Zone 1 and 5,968 SF of Zone 2) for the purpose of constructing the above- referenced, as described within your application dated April 21, 2006, and received by the N.C. Division of Water Quality (DWQ) on April 24, 2006 and additional information received on May 25 and 30, 2006. A modification request dated August 28, 2006 was received by the Division on August 31, 2006. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your . approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 2B .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification replaces the one issued to you on June 1, 2006. This approval is for the purpose and design that you described in your. application. If you change your project, you must notify us and you maybe required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland of 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached Water Quality Certification (General Certification) and the following Additional Conditions: 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http:/ h2o.cnr.state.nc.us/ncwetlands 1?°C Carolina ,a wra!!rf An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Auburn, NC Sidings Page 2 of 5 September 9, 2006 The Additional Conditions of this Certification are: 1. Impacts Approved and Compensatory Mitigation The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts. Under the requirements of this General Certification and Authorization Certificate (15A NCAC 2B .0242), you are required to mitigate for these impacts. The restoration component of your mitigation plan was proposed within your application materials as described in the table below. We understand that you wish to make a payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. DWQ has received a letter from EEP verifying acceptance of these impacts into their mitigation program. The attached impact and mitigation summary may be used to make payment to the EEP. The check should be made payable to: DENR - Ecosystem Enhancement Program Office. The EEP should be contacted at (919) 715-0476 if you have any questions concerning payment into a restoration fund. For accounting purposes, the following compensatory mitigation may be requested of the Stream and Buffer Restoration Funds to meet the conditions of the 404 Permit at the discretion of the U.S. Army Corps of Engineers: Impact Type Amount nits Mitigation Re erence 404 Wetland 0.61 acres 0.61 ac. PCN page 8 of 13 Stream 336 linear feet 319 linear feet PCN page 9 of 13 Buffers Zone 1 14,397 SF 43,191 SF PCN page 12 of 13 Buffers Zone 2 5,968 SF 8,952(S F PCN a e 12 of 13 Total Buffers 20,365 S 52,143 SF Until the EEP receives and clears your check, no impacts specified in this Water Quality Certification and Authorization Certificate shall occur. You have one (1) month from the date of this approval to make this payment. 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. Auburn, NC Sidings Page 3 of 5 September 9, 2006 b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility-material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404. 5. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re- established or, if new pipes are installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Auburn, NC Sidings Page 4 of 5 September 9, 2006 6. Construction Stormwater Permit NCGO 10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more,acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http: //h2o. enr.state. nc. us/stu/Fornis Documents. htm.; 7. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. 8. Certificate of Completion Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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, which 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. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. Auburn, NC Sidings Page 5 of 5 September 9, 2006 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse Riparian Buffer Protection Rule as described within 15A NCAC 2B.0233. If you have any questions, please telephone Cyndi Karoly or Cynthia Van Der Wiele at 919-733-1786. Sincerely, APWKlimek, P.E. AWK/cvdw Enclosures: GC 3404 Certificate of Completion NC EEP-Summary of Permitted Impacts and Mitigation Requirements cc: Elizabeth Scherrer, EcoScience Corp., 1101 Haynes St., Suite 101, Raleigh, NC 27604 Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office DLR Raleigh Regional Office NCEEP File Copy Central Files Filename: 060677AuburnSidings(Johnston)EXP+401NBR EEP Aj*It?)v WDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director North Carolina Division of Water Quality 401 Water Quality Certification and Neuse Buffer Authorization Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, North Carolina Railroad Company has permission as outlined below to impact 319 linear feet of streams, 0.61 acres of wetlands, and 20,365 square feet of protected riparian buffer for the purpose(s) of constructing the proposed Auburn, NC Sidings project in Wake and Johnston Counties. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached transmittal letter. THIS CERTIFICATION AND BUFFER AUTHORIZATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS-NC ECOSYSTEM ENHANCEMENT PROGRAM (NC EEP) DWQ Project No: EXP 06-0677 LOCATION: Auburn, NC COUNTY Wake and Johnston BASIN/ SUB BASIN/ INDEX 03-02-02/ [27-43-11 and 27-43-12] As required by 15A NCAC 2H.0500, and the conditions of this Certification and Neuse Buffer Authorization, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments; linear foot requirements must be rounded up to the nearest foot according to 15A NCAC 2R.0503(b). Impacts Mitigation 3361f stream 3191f of streams 0.61 acres wetlands 0.61 acres of wetlands * may be required b USACE) 14,397 SF Zone 1 43,191 SF Zone 1 Buffers 5,968 SF Zone 2 8,952 SF Zone 2 Buffers 401 Wetlands Certification Unit 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-689311nternet: http://h2o.enr.state.nc.usfncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper NoithCarolina Naharaliff Auburn Sidings Page 2 of 2 September 9, 2006 One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the NC EEP per 15A NCAC 2R.0503. If you choose this option, please sign this form and mail it to the Ecosystem Enhancement Program at the address 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 ECOSYTEM ENHANCMENT PROGRAM. Signature: Date: ECOSYSTEM ENHANCEMENT PROGRAM 1619 Mail Service Center RALEIGH, N.C. 27669-1619 (919) 733-5208 Filename: 060677Aubum Sidings (Johnston)E)2 EEP D Co - o 6 V 2- 15 -- 1101 Haynes Street Suite 101 Raleigh, NC 27604 Telephone: 919.828.3433 Fax: 919.828.3518 EcoScience r August 28, 2006 F 4 V n Ms. Cyndi Karoly AUG 3 1 2006 401 Unit Supervisor N.C. Division of Water Quality DENR - WATER QUALITY TLq@S AND ST01 MWATER BRANCH 2321 Crabtree Boulevard Raleigh, NC 27604 RE: Section 401 Permit M,)dification - Auburn, NC Sidings 06-290 Dear Ms. Karoly, Please find enclosed a PCN form and supporting materials for a requested Section 401 Permit Modification. A Section 401 Water Quality Certification #3404 was received from your office on June 1, 2006 under the Express Review process (enclosed, Section IV). The project involves expansion and improvements along the North Carolina Railroad Company's railroad bed near Auburn, NC in Wake and Johnston Counties, North Carolina. The Permit Modification is requested due to additional impacts totaling 17 feet of jurisdictional stream at two locations (Stream 2 and Stream 5). Additional impacts to Stream 2 (10 feet) are due to the construction of a plunge-pool structure to comply with the N.C. Division of Land Quality (NCDLQ) requirements for sedimentation and erosion control. These requirements were added after the original Section 401 permit was granted. Additional impacts to Stream 5 (7 feet) are due to inconsistent measurements of impacts to this stream - NCDLQ believes that impacts total 43 feet, while the original calculation of impacts submitted for the Section 401 permit was 36 feet. The adjusted total impact to jurisdictional streams throughout the project is 336 feet. Plan details for Stream 2 and Stream 5 are enclosed in the accompanying documentation (Section III). The U.S. Army Corps of Engineers (Mr. James F. Shern) has stated that that agency will not require mitigation for the additional stream impacts, nor any modification of the existing Section 404 permit. We have previously submitted plans for the plunge-pool structure at Stream 2 for your review and approval. Approval (letter enclosed, Section III) was granted on July 17. We have also contacted your office (letter to Cynthia Van Der Wiele, August 17, 2006) to inquire about the necessary actions required by NCDWQ to resolve this issue. Cyndi Karoly Page 2 of 2 August 28, 2006 EcoScience Corporation We consulted with you today by telephone about the most expedient permitting process to use to resolve this issue. On the basis of those consultations, we propose to submit the Permit Modification under the normal 401 permitting process for Water Quality Certification #3404, and we respectfully request an expedited review. We expect that review procedures will be minor, as no significant change in the type or amount of jurisdictional area impacts is proposed. Thank you for your attention and please do not hesitate to contact me if you have any questions or concerns. We look forward to a speedy resolution to this issue, and an opportunity to move ahead with the project. Sincerely, Elizabeth Scherrer EcoScience Corporation Attachments: Amended PCN Form, Supporting Materials cc: Enrico Roque, HNTB North Carolina PC c It , L i'. L Office Use Only: Form Version March 05 USACE Action ID No. DWQ No. D l.c - O Lo)'_) y 2 (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 ® Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 Verified 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coasta 1891 Environmental Concern (see the top of page 2 for further details), the II. Applicant Information AU G 3 1 2006 DeNR - WATER QUALITY 1. Owner/Applicant Information V&rADS MD STORAIMATER BPO40 Name: Scott Saylor, North Carolina Railroad Company Mailing Address: 2809 Highwoods Boulevard, Suite 100 Raleigh, NC 27604-1000 Telephone Number: 919-954-7601 Fax Number: 919-954-7099 E-mail Address: ssMlorQa ncrr.com 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: Elizabeth Scherrer Company Affiliation: EcoScience Corporation Mailing Address: 1101 Haynes Street, Suite 101 Raleigh, NC 27604 Telephone Number: 919-828-3433 Fax Number: 919-828-3518 E-mail Address: scherrer(@ecosciencenc.com Updated 11/1/2005 Page 5 of 9 Y 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: Auburn, NC Sidings 2. T.I.P. Project Number or State Project Number (NCDOT Only): N/A. NCRR project. 3. Property Identification Number (Tax PIN): N/A. Railway right-of-way. 4. Location County: Wake and Johnston Nearest Town: Clayton Subdivision name (include phase/lot number): N/A. Not in a subdivision. Directions to site (include road numbers/names, landmarks, etc.): Corridor extends along the Norfolk Southern track roughly parallel to US Highway 70 in Wake and Johnston Counties. It begins at Auburn Knightdale Road (SR 2555) approximately 4.8 miles northwest of the Clanton, N.C. city limits, and extends to the southeast approximately 3.7 miles. The project's southeastern end is approximately 1.3 miles northwest of the Clayton city limits, or 0.8 mile west of Shotwell Road (SR 1553). 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): (see attached sheet) °N (see attached sheet) W 6. Property size (acres): N/A. Property is a 19,377-foot length of railroad siding with a 200- foot-wide right-of-way. 7. Name of nearest receiving body of water: White Oak Creek (Austin Pond) 27-43-11 (C NSW); Little Creek 27-43-12 (C NSW) 8. River Basin:_ Neuse (NEU2) (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/imps/.) Updated 11/1/2005 Page 6 of 9 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: Site conditions are generally disturbed, but forested pockets of various sized occur throughout the corridor, especially at wetland and stream sites. Land use consists of scattered residential development, agriculture, a few commercial or industrial establishments and small to moderately-sized woodlots. None of the project corridor occurs within municipality limits. 10. Describe the overall project in detail, including the type of equipment to be used: From the western end of the project corridor (at Auburn Knightdale Road), a new siding will be installed on the south side of the existing track for a distance of 8,824 feet (to the intersection of the rail bed with Guy Road). Beginning approximately 689 feet east of Guy Road, a new main track will be built on the north side of the existing track and extend east for approximately 8,730 feet. Another new siding will be built on the south side of the rail bed, beginning approximately 6,500 feet west of Guy Road and extending approximately 3,719 feet to the end of the project limits. Existing undersized stone or pipe culverts will be abandoned and grout filled; new adjacent pipes will be installed by the jack and bore method. Where possible, existing stone culverts will be inserted with steel pipes that extend under the new rail bed, or existing concrete or steel culverts will be extended. Most of the new culverts will be finished with headwalls. Parallel culverts will be installed under three farm road crossings east of Guy Road. New turnout signals will be added where needed. 11. Explain the purpose of the proposed work: This rail corridor provides a vital rail link to eastern North Carolina and the NC State Port at Morehead City. Several major industries in this portion of the state depend upon rail freight service to meet their operational needs. In addition, this portion of the NCRR Corridor includes intercity rail passenger service connecting Richmond, VA and points north to Raleigh, Charlotte and other southeastern destinations. The additional rail traffic on this corridor has imposed a need for locations where trains madly pass. Currently there are no sidings of sufficient length between Raleigh and Selma, a distance of 35 miles, at which to pass freight trains, which are often 10,000 feet long. This project will provide the ability to safely pass trains at locations between Raleigh and Selma. 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. Section 401 Permit issued on June 1, 2006. Present application is for a permit modification. Updated 11/1/2005 Page 7 of 9 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. No future project plans. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: See attached sheet. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flondin¢_ Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year lain Flood Distance to Nearest Stream linear feet Area of Impact (acres) Wetland 1 fill; new culvert installation forested no 0 0.005 Wetland 2 fill; new culvert installation forested no 0 0.038 Wetland 3 fill; culvert extension forested es 0 0.029 Wetland 4 fill; new culvert installation scrub-shrub no 0 0.019 Wetland 5 fill; riprap; new culvert installation scrub-shrub yes 0 0.051 Wetland 6 fill; new culvert installation scrub-shrub no 1980 0.056 Wetland 7 fill forested no 670 0.109 Wetland 8 fill; culvert extension forested no 0 0.213 Wetland 9 fill; culvert extension forested no 1850 0.064 Wetland 10 fill; new culvert installation forested no 1750 0.079 Wetland 11 fill, culvert extension scrub-shrub no 1880 0.009 Wetland 12 fill; culvert extension forested no 1150 0.008 Total Wetland Impact (acres) 0.61 3. List the total acreage (estimated) of all existing wetlands-on the property: 1.0 acres Updated 11/1/2005 Page 8 of 9 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreajze, multiply leneth X width. then divide by 43.560. Stream Impact Number indicate on ma Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Impact Impact Length linear feet Area of Impact aces Stream 1 UT to White Oak Creek culvert replacement perennial 3 feet 80 0.01 Stream 2 UT to White Oak Creek culvert replacement perennial 8 feet 58 0.02 Stream 3 UT to White Oak Creek culvert replacement intermittent 3 feet 68 0.00 Stream 4 UT to White Oak Creek culvert replacement perennial 20 feet 87 0.06 Stream 5 UT to Little Creek culvert extension perennial 8 feet 43 0.01 Total Stream Im act b length and acreage) 336 0.10 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, floodin , drainage, bulkheads, etc. Open Water Impact Site Number indicate on ma Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc. Area of Impact acres None None None None None Total Open Water Impact (acres) 6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect: Stream Impact (acres): 0.10 Wetland Impact (acres): 0.61 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.71 Total Stream Impact (linear feet): 336 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Updated 11/1/2005 Page 9 of 9 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. No pond construction is proposed. Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): N/A Current land use in the vicinity of the pond: N/A Size of watershed draining to pond: N/A Expected pond surface area: N/A VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact 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. The North Carolina Railroad Company needs to construct rail sidings longenough to accommodate trains at least 5,000 feet in length, and also allow stopping distance on the siding. Each siding must be located where it will not obstruct a paved roadway crossing, which would impede automotive traffic and emergency vehicles. These considerations restrict the placement of the project, particularly in the semi- developed area of Auburn. Widening of the rail bed will result in unavoidable stream and wetland impacts. Crossings will be constructed using culvert extensions, where possible. Many existing culverts are either undersized or are built of stone and cannot be extended. In these cases new culverts will be installed using the jack and bore method to minimize impacts to jurisdictional areas. Construction of the new sidings and main track to either side of the existing rail bed would not result in lesser impacts to wetlands or streams. Additional impacts were mandated by sedimentation and erosion controls required by the N.C Division of Land Quality. These impacts were minimized by the use of a plunge- pool structure at Stream 2. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of Updated 11/1/2005 Page 10 of 9 aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at littp:Hh2o.enr.state.nc.us/ncwetlands/strm,fzide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A. Mitigation is proposed through NC EEP. 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htni. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): 319 linear feet Amount of buffer mitigation requested (square feet): 20,365 square feet Amount of Riparian wetland mitigation requested (acres): 0.40 acre Amount of Non-riparian wetland mitigation requested (acres): 0.21 acre Amount of Coastal wetland mitigation requested (acres): None IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Updated 11/1/2005 Page 11 of 9 Yes ? No X. 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 ? 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 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ® No ? 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* act a Imp e Multiplier Required s u re feet) Miti gation 1 14,397 3 (2 for Catawba) 43,191 2 5,968 1.5 8,952 Total 20,365 52,143 * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. Payment will be made to the EEP. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. The project corridor is 19,377 feet long with a 200-foot right-of-wav (89.0 acres). There will be a net increase in impervious surface of 6.35 acres. Impervious surface will increase from 14.6 percent to 21.7 percent. Updated 11/1/2005 Page 12 of 9 Approval for the proiect was received from N.C. Division of Land Oualitv (enclosed) as of August 17, 2006. The approval is contingent on approval of additional stream impacts by NCDWO. 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. No wastewater will be generated. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ? No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ilcwetlands. If no, please provide a short narrative description: N/A No future development is anticipated as a result of this project. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Elizabeth Scherrer, EcoScience Corporation (Agent) Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 13 of 9 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 July 17, 2006 NC Railroad Company Attn: Mr. Scott Saylor 2809 Highwoods Blvd., Suite 100 Raleigh, NC 27604-1000 Subject Property: Auburn, NC Sidings DWQ EXP# 06-0677v2 Wake and Johnston County This letter is in response to the July 14, 2006 correspondence by Elizabeth Scherrer, EcoScience, Inc., requesting approval to use a plunge pool structure at Stream 2 of the subject project. The Division of Water Quality understands that this will result in additional impacts and that this is necessary in order to satisfy the requirements of the NC Division of Land Quality. DWQ will approve the use of this structure. However, a modification to the 401 Water Quality Certification and Riparian Buffer Authorization issued on June 1, 2006 will be necessary. This letter only addresses the ability to use plunge pool structures and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any questions, please contact Cynthia Van Der Wiele at 919.715.3473. Sincerely, Cyn i B. Karoly, Manager 401 / Express Review Oversite Unit CBK/cvdw cc: Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Field Office Elizabeth Scherrer, EcoScience, Inc., 1101 Haynes St., Suite 101, Raleigh, NC 27604 File Copy Central Files 401 Oversight / Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet iittp:,rh2i _ei?r.state_n _u _nc ?etlan?? No thCarolina Naturally An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper STREAM 2 ZONE 1 BUFFER IMPACT: 2,253 FT2 ZONE 2 BUFFER IMPACT: 9,34 FTz STREAM IMPACT: 58 LF & 1,309 FT2 RIGHT-OF-WAY 3 0 EXIST. 54"x 60" RCP LIMITS OF 4680+00 ---------._.._..----------- ................. II ....................... -. - - - - - - - - _ -- - °- - - - -__.._.- - 4685+00 -.-_w....... ...... ...... CONSTRUCTION .. -°_ _ _ _ - - - --•-..-•-- II •--.._.•--•-•----- ` _ _ -? ? - - a DITCH rm L l ? 03 ............... _ mm m 03 O Ol _-- ""- PROP.60" PIPE I r LA D w - - _-__ •_.._.. m ?---.. RIGHT-OF-WAY 04 u - ai W WETLAND 3 x'-- STREAM 2 0.01 ACRES AREA OF IMPACTED WETLAND: 410 FT' PLAN VIEW, STREAM 2 & WETLAND 3 = NoxTLicnLirJL?ra LEGEND RAILROAD ® WETLAND IMPACT ------------ LIMBS OF CONSTRUCTION ?I N N FORKS ROAD ? SI A TB 343T I ! 26 ZONE 7 BUFFER IMPACT STREAM UNE f . J I T E 0 Ra 1 e gh, North Caro I i na 27509 ® ZONE 2 BUFFER IMPACT RIGHT-OF-WAY 550, 100, SHEET2 OF 21 STREAM 5 ZONE 1 BUFFER IMPACT: 2,378 FT 2 ZONE 2 BUFFER IMPACT: 1,073 FT 2 STREAM IMPACT: 36 LF & 281 FT 2 EST. II TONS CL B RIP RAP W/ 28 SY FILTER FABRIC 00 NOT PLACE RIP RAP RIGHT-O -WEN' BED OF JURISDICTIONAL STREAM DITCH STREAM 5 8 LIMITS OF WETLAND 8 0.22 ACRES CONSTRUCTION - ............. ---------••------- ----------------------- ----------- t 4775 -.._..----••-----•----•-- -- --- - - ••-••-..-.._--- - - - - 1 i COLLAR AND EXTEND %_ _ EXIST. 30" a0' RCP 25 RCP PROP. 18" STEEL PIPE °o 8 RIGHT-OF-WAY AREA OF IMPACTED WETLAND: 9,297 FT' PLAN VIEW, STREAM 5 & WETLAND 8 NOPTHH`7 ROL`14A LEGEND R ` AILROAD C O M P A N Y ® WETLAND IMPACT LIMITS OF CONSTRUCTION -' ? ??? 34N3T ; SIX FORKS ROAD N SL I E 200 ® ZONE 1 BUFFER IMPACT --- STREAMLINE Ra 1 gh, North Caro I i na 27609 ® ZONE 2 BUFFER IMPACT RIGHT-OF•WAY 0 50' 100, SHEET6 OF 21 WAVP Q. .InunlcTnKI Or)lIKITTCS C N n n a M N W 2 J I U I T NOTES: ALL EROSION CONTROL MEASURES AND PRACTICES SHALL BE INSTALLED PRIOR TO OR COACURRENT WITH LAND-DISTURBING ACTIVITIES EROSKIN AND SEDIMENT CONTROL DEVICES SHALL BE IN ACLI9ROANCE WITH NORTH CAROLINA REGULATIONS FOR SILT FENCE AND SILT FENCE STORM 1XL£T SEDIMENT TRAP DETAILS SEE SHEET GD-OOf FOR CHECK DAM DETAILS SEE SHEET GO-4002 REFER TO SIGNAL PLAN FOR GRADING OF SIGNALS AND SIGNAL HOUSE LOCS CONTRACTOR TO GRACE DITCH AS NECESSARY TO MAINTAIN POSITIVE DRAINAGE I' .K•I I 1 INV . 7)1 ; Ik ... 113.'r INV.. 77,.72 2 INV.. 772 Ot Y p `\ E IMPACTED WETLAND AREA - 0,038 ACRES LEGEND EXISTING TRACKS T NEW RACK CONSTRUCTION ------------ - LIMITS OF CONSTRUCTION ® RIP RAP SLOPE PROTECTION PROPOSED PAVING - - - EXISTING R/W WETLAND IMPACTS ' CHECK DAMS 0--e- --o--- , SILT FENCE - - - - - - - - - DRAINAGE DITCH 3 a a 0 a HDR ENGINEERING. INC. EST. 280 TONS CL It RIP RAP W/ 240 SY FILTER FABRIC 36" THICK (SEE SHEET GD-006 FOR DISSIPATOR DETAIL; IMPACTED WETLAND AREA 0 005 ACRES ---j-__- __..___ 311 35 Wx CULVERT 4675-00 U Ul i A b e N W .Z J 2 U ti D 0 b Y N 2 I U EST, 22 TONS CL I 24" THICK RIP RAP W/ 42 SY FILTER FABRIC ZONE 3 DO NOT PLACE RIP RAP IN BED OF JURISDICTIONAL STREAMS 0 1 0 2 0 FEET SCALE: 3 owDFILD p-Xnsrr%a DWn%ABB.eroslelLOlo,Cgn SHEET GP-001 weep R . InunlCTnnl Or)l IKITTI=S C i n n N 6 r N Z 2 U I 4MI00 orrctf I PACTEO WETLAND AREA NOTES. 0029 ACRES ALL EROSItlN CONTROL MEASURES AND PRACTICES SHALL BE INSTALLED PRIOR TO OR CONCURRENT WITH LAND-DISTURBING ACTIVITIES. ?qr??. py,? _ I INY.? 335?? EROSION AND SEDIMENT CONTROL DEVICES SHALL BE IN ACCORDANCE WITH NORTH CAROLINA REGULATIONS FOR SILT FENCE AND SILT FENCE STORM INLET SEDIMENT TRAP DETAILS SEE SHEET GD-001 FOR CHECK DAM DETAILS SEE SHEET GO-002 REFER TO SIGNAL PLAN FOR GRADING OF SIGNALS AND SIGNAL HOUSE LOCS CONTRACTOR TO GRAB DITCH AS NECESSARY TO MAINTAIN POSITIVE DRAINAGE LEGEND EXISTING TRACXS T NEW RACX CONSTRUCTION -------•---- - LIMITS OF CONSTRUCTION ® RIP RAP SLOPE PROTECTION ® PROPOSED PAVING, - - - EXISTING R/W WETLAND IMPACTS CHECK DAMS a-e---?-- ! SILT FENCE - - - - - - - - - DRAINAGE DITCH 4 A e m 8 Q IAIYAI; ItU WtILANU AHtA 0.038 ACRES HDRENGINEERING, INC. 7f. 906./"66 EST. 280 TONS CL It RIP RAP W/ 240 SY FILTER FABRIC 36" THICK (SEE SHEET GD-006 FOR DISSIPATOR DETAIL) IMPACTED W£TIAMO AREA RIP RAP W1 42 SY FILTER FABRIC ZONE 3 DO NOT PLACE RIP RAP IN BED OF JURISDICTIONAL STREAMS 0 1 0 2 0 FEET SCALE: 0 N n n N c r N W J S U r I 4 O H 46-90-00 q b d r. t RIP RAPPED ENERGY DISSIPATOR BASIN DETAIL SECTION G H DISSIPA RTO?POOL APRON NOTEA --L TOP OF BERRAM 'P J TOP OF RIP J NOTE 8 - TOP OF NATURAL CHANNEL 1 rNATURAL GROUND B B U•C FILTER FABRIC HALF PLAN ---------- - IA RIP F DIM RIP RAP BASIN # 1 2 3 4 5 6 7 8 A 3.0' B 2.0' C 2.0' D 3.0' E 3.0' F 17.5' G 29.0- H 14.5 'ALL DIMENSIONS APPROXIMATE IN FT 4 N r of N HDRENGINEERING, INC. NOTE A IF EXIT VELOCITY OF BASIN IS SPECIFIED, EXTEND BASIN AS REQUIRED TO OBTAIN SUFFICIENT CROSS SECTIONAL AREA AT SECTION A-A SUCH THAT Q/(CROSS SECTION AREAAT SEC. A -A) = SPECIFIED EXIT VELOCITY, NOTE B WARP BASIN TO CONFORM TO NATURAL STREAM CHANNEL TOP OF RIPRAP IN FLOOR OF BASIN SHOULD BE AT SAME ELEVATION OR LOWER THAN NATURAL CHANNEL BOTTOM AT SEC. A-A. PROVIDE SMOOTH TRANSITION FROM END OF APRON TO NATURAL CHANNEL WIDTH. SCALE=NTS NOTE A 0 8 0000000 00 0 0 0 - 0 0 0 0 0000 C 000 SEC. A-A BEACKF LPL WITH ;LLALSSSII RIP RAP FILTER FABRIC 1 B 2 0 0 0 0 0 0 0 0 0 BERMAS REQUIRED TO SUPPORT RIP RAP SEC.. B-B EXCAVATE TO THIS LINE FILTER FABRIC BACKFLL WITH CLASS I RIP RAP 1 B 2 0 D 0 0 00 0 0 00 0 0 BERM AS REQUIRED TO SUPPORT RIP RAP. SEC., C-C EXCAVATE TO THIS LINE FILTER..., BACKFILLWITH CLASS I RIP RAP. 1 I~ Al \\ `}\ \ \ \ \\ NOTE: 00 0 SUPPORIP RRAAP. = DIAMETER FOR PIPE CULVERT FILTER FABRIC BARREL WIDTH FOR BOX CULVERT SEC.. D-D %= SPAN OF PIPE-ARCH CULVERT WAKE & JOHNSTON COUNTIES GOD FILE' P- INSMAubrrnUYdinage Detclls.dgn BASIN # LOCATION AT OUTLET 1 4683+22 RT 2 3 4 5 6 7 8 SHEET GD-006 I r?li _-}- B WAKE & JOHNSTON COUNTIES a a ,n n 0 0 N N h 330 320 310 v1 W. d ti h i U a _ 330 $ '•0J ? ? m O, Vt.. 089% ° • OJO9 - _ f--109!% N 7 320 "? - - - - - -E90-48' -n 9- -- -- - ---- - - 100 C, E GROUND - - -' - --- ---- --- m r•-0 ? v v u•? 310 v W II 11 I I INV. 96.76 ?? W -- a v 7 N N ° ?G ?'1 1'1 N N N N m 1`? N N o q "l a a W o Q Ln oq M l N N N ti N N N ° s vi ca O ;a r j 468 +00 468 +00 + 469 00 300 PT.. 53 REBA" 8 C N 106.686.40 a E 2.13532`1271 LE Ey ' 4®8i?00 P? - ------------------------ r LEGErJrl EXISTING TRACKS NEW TRACK CONSTRUCTION --------- TRACK TO BE SHIFTED ------------- LIMITS OF CONSTRUCTION ® RIP RAP SLOPE PROTECTION ® PROPOSED PAVING -• EXISTING RIW WETLAND IMPACTS N N JACK 8 BORE 104 s 60" STEEL PIPE co :CONSTRUCT HEADWALLS -\ X 0 " Q SNv 196 76 Inv - ------------------- 0.029 ACRESeoV, HDR ENG I NEER I NG, I NC, EXISTING CULVERT TO BE ABANDONED AND GROUT FILLED CAP PT.• 55 REBb" `"? _ PT.• 51 REBA E z 6159065685 " 706.61<. 38 317,47 E 2.135.653.12 ELEV-• ELEV.• 317.22 4 8, 6 _,W 4 rn J EXAU810 N T SIDING2A I A-27 e -- -.____ N \ N n ^ / .o p-` s7 ,? co ? SIDING2B \2 V ' 6. (yULP-i7N0. ? A-21 T C S alo Pp .0. ?? rFL RO _.- l + TF NI / 1 M(!D A-12 III A•24A-23 LN CURVE W SIDING2A E 2 6359172T e? PI STATION • 4686.69.00 ELEV-SPSKE'°p BASE I • 2. 51 • 16..71 " CRT) R-Ri2• PING D • 1. 25' 56.75° R . 4,000.00' LI • 62.00' L2 • 35.00' DI • 0. 26' 38..55" D2 • 0. 36' 46.09' LC • 199.29 SE •1.0 SPEED •40MPH FREIGHT SPEED •45MPH PASSENGER o Igo 2 PO FEET SCALE: M 19 M F6 acv eT DATE F NORFOLK `°`"T'ON SOUTHERN TITLE NORTH CAROLINA RAILROAD COMPANY CURVE • SIDING2B PI STATION • 4691.99.16 I 16. 15 34.97" CRT) 0 2. 04' 10.00" LI•L2 • 35..00' DI-D2 • 0. 36' 46.09- R 2,768.81 LC 785.70' SE •1.0' SPEED •40MPH FREIGHT SPEED •45MPH PASSENGER AUBURN NC AUBURN SIDING TRACK PLAN AND PROFILE OWNING tCYPAHI' DG" RJ9 1D Au' D233 VAL YAP39 B500A EAST CAROLINA BUSINESS UNIT L""RAW FILENo. 107-1-6362 OPERATING DIV ISi N OFFICE OF THE CHIEF ENGINEER • DESIGN AND CONSTRUCTION - ATLANTA, GA. ?`"SMC DATE JANUARY 10, 2006 CAOO FILE' d9n `"H90.5 - N94 B-2005-48 9ZWP797T TA_nnn WAKE & jOHNSTON COUNTIES u M 0 N N h 360 --- 360 I ? I ? N N $ Q m ? 370 ?' b uc Inn ? W $ - 370 - --- --- ---- 360 ................... _ ___ ---- - ? _-- ............. .-- ---- P 360 X.GF: J,L1 NV. 36 . 800 VL 44 Lol `? r • -0l93 ? P 350 ! V. 349..9 Rw 350 ? tpp? 0 o o "?) m R ;I? N N o N o 0 b b o N N h h f s it1 ? Sp to z cD r? q b cp tp co b D b cp b cp b to is b m c0 :n b ,O r.? pl '1 M M 1"1 r; nl ?7 M ?7 M ^l i'1 ?1 h ? ^l ,"? nl ^? h "? M 418 +00 478 +00 4785.88 TO 4786•0r 4778.00 REMOVE 12" CMP (I[ LT) 8 a INSTALL COLLAR AND 1 INSTALL NEW 12" C:MP (36' LT?0E4 EXTEND 25' OF 30" RCP fp? RfDA t ?1 FP 9 1?63b•4y.A v- AA U.,220 ACRES A a• WOVEN ¦I • i•1? Ig IE n 9 9q 1NY. • ]6JN + a A P IN 7c.7 _ EO ? n - - -- - -- - - -- - -- - -- -- - -- - -- - - - -- - -- - -- - -- - - -- - -- - -- - -- - w I L_.tr? w z i js9 - > 2 \, w x aJ o vii i Y INSTALL 2 16' GRADE CROSSINGS (EPFLEX) e e f ?; ?q STA 4785.92 TO 4786.08 x Dor?y.t ?u PER NS PLAN 7-5B v c c??0 Aj 35jP5oES??ED (BY CONTRACTOR) 0 y. DNE-NE ? ?2 Pt a2 } qS5 ,A NQ ??ytED N ? ?, y?V L vl !b ? V1 SV j9D g2 /// N ?D ? 4?'S66 D( SS?R / N ASS ?Nt?PS DRJSE ? 6? fQ O F ?yM ?0 LEGEND EXISTING TRACKS I O 10 2 PO FEET NEW TRACK CONSTRUCTION --------- TRACK TO BE SHIFTED SCALE REY 8Y DATE DESCRIPTION ---- ----- UNITS OF CONSTRUCTION ?•? NQRFQLK LOCATION AUBURN, NC ?r ® RIP RAP SLOPE PROTECTION S PLIMERN rrTLE AUBURN SIDING ® PROPOSED PAVING NORTH CAROLINA RAILROAD COMPANY TRACK PLAN AND PROFILE ------ EXISTINGR/W 49WNJNG CaUPAHY -RJB 10 N0 D233 VAE"J9a6GOA )IEP°S1N90.5 H94 WETLAND IMPACTS HDR ENGI NEERI NG, INC. EAST CAROLINA BUSINESS UNIT "wNRAW FILE Aft. 107-1-6362 DRAWING NUVAER OPERATING OIVl5D CO10N TB-2005-40 OFFICE OF THE CHIEF ENGINEER - DESIGN .WNSTRUCTION • ATLANTA. GA. 6HXSMC GATE JANUARY 10, 2006 - NOR I'1 I ('AR(11 INA PROJECT: TITLE: N Scale: Date: FIGURE R A I L N(A I) NORTH CAROLINA RAILROAD COMPANY < 0 .ti, P A \ 1"=2000' MAR 200 AUBURN SIDINGS PROJECT LOCATION HNTB Drawn By: ESC Project No: Wake and Johnston Counties, North Carolina ES 06-290 PROJECT: TITLE: N Scale: Date: FIGURE NOR I'I 1 C'AIkC)I.INA RAILROAD S, P V y NORTH CAROLINA RAILROAD COMPANY 1" = 2000' MAR 200 AUBURN SIDINGS JURISDICTIONAL AREAS Drawn By: ESC Protect No: 3 Hand Johmtn Counties, North Carolina III ____j I + I ES 06-290 '?\?rI,j?. F tri'. t ? /r r t?'j,r t / ? J1} :+ J ? A {r }}`'ri, \ ? •?t,,`??t /i,?;"yti. ??'.r s( tl ..;' .I Cep^?,.,?.'.?-, ? I' ? ? JO • •?? is ?_? '•??? "t - ' J` ? . ".=1 \? ? . r 4 ti' r. l 70 r 1 j Ilk. I ?l 1 W / ?{r1 j? s ; l >Y saa ( k, 1 t7 'J J j 1 ` ?t I. r r"??1tPdi owe l i.•t f ( / r! ?WRAL-TV )1? .tC 1 ? /r -CO - j/ !/,ti ,J.T'.?'' •f •at??'S-' '• ti J/?/'if r Fl .ll /• , ! 1. ?f •1 - *..- ,' I i 2000 0 2000 4000 Fee Source: Garner (1993), and Clayton (1993) USGS Quadrangles _ NOK I•I I (.:AR LINA RAILIZC?AI) C O M Y A N Y im Ilk 11 i J, AI i ? ? r N F S rr 1 I (f ??r \ cf4?? Y ?'' 1 f r ? Q) " f i D r ? ?,?' . ' - Q? ra' Y N? VIP P}ro'ect location 'a ` ` ? 1 f r i •?. i,? r-? `'?? 1 ?f \,C ?? r i .? ter- i -"+q. •+ ?;I i r f?? l'. V.? ?,"1,., ;t lr a,'?..?t? !/ r!?' ? .I ?>?, ,1',t t ' •'? Ihi.` .. ? •n// ?4,.fl ?i`,1?'.l tJrj;• v?>- ??iL '%i •,',tll t<'i,j?.. r 41' /% .O ?Oi?; ll {{ Y NW Ilrr rC k?? •• i ?S \;; 1 i^` "? i?,//! ) ?, ii i-v. 1?- r i(rt ?> / \ I?` . _..lal? ,\ '?V`? } , ) `1• ??? \4 r f 4N r • , ? ? '!C ?'? 1 si' ? ? ?\?t`•?, ?, J 'T r : `?? : ? •' `,rr f ? ?rl ? ` tip. ?'_' t ? t' y n`S [? /?? n H• t 1 (r ! ,,1 /, 1 of v' '? Ipy?l V Cr '? ^" ! V l sn r 1,? I .1 3 t , fi't` .+ ?? 1 i 1 r !" i, s ', ? dasi Fi 1 _ t ``r` ?\1{1 I a .._ ? ?? IOU III; 3 - I r s" i To r ??\?? ,i •..u• 1 A ?? ?? y,?,.?,ri3 1YT-11 .._,.+ t ! i \ , ?,• fir- r IL-. ?,?'` V •, ,' ? r t °•c v?. ?., a ?! l . ? A. i . t / ?? T tIH}* '\ or ti i7 ?'' . `" \? /,h (? •--? +? ?.I•?.• ? ? i ? STATE 16A Al?''-?-•_ t t ;.?ti 1 lv _ ,- .. 1 • t i?` ? - Il?FN?TAL 'ATI?= ?• f '"t/ l V ?? I r r Io+• S I (../ /,J56 L=? `?J f ! "! 'ss 1\'. / / _?tlKf11? AR DI A'S!'A7F..4\7TkS?tS1fY ` - r' t 'rl iJ r ri , -- r 4s-,r f.:CR RE.tiPA}t('fl?311{?lUf? ' w :: t f /' ! / / I I ( v ( 4?. /:.? 11 f r? ?? 137 ?,t 1 " 1 '{ {• r ''. V ??U 6 til}?.} f , Z-Gek • 1' _. ? SSt? ?? , i •s " ;5? PROJECT: NORTH CAROLINA RAILROAD COMPANY AUBURN SIDINGS Wake and Johnston Counties, North Carolina PROJECT LOCATION Scale: Date: N 1" - -A, --r- Drawn By: MAR 200 ESC Project No: ES 1 06-290 FIGURE nti et';?r ?! fie.. t? > . - 'a `?. -.c,•?. Stream 1 Stream 2 ?•? ?': t al _ s ?_ ?.; Wetlands 1& 2 Wetland 3 r a t,g ?,,q},, + w , It r. . a t Z,. , rr ?; r..,,f +? f . ,•"r: "r - r t f ir,...?t Y4 '4 w r ?i J 1e ?,4hM il' 3z.. i_ 21 M~???: ?`,?. ?\? 1 7.' ? R 1 / ? r ,.?[ y ,'Stk,Y :..f 1, ., ?n'a- ?? ?.: -1" ?2ehr ? 'r tih4 1 /1?, y1r '.V,•,? f?'.,{? ? •?5 ?." '!'. > , ,., t: ? } 1. h `1 1 ?,`' „ff.. i• `???',?'../ 'fiA ?1 M;; { ?.?..c. i.?r E. ?" >r r;_ Y L Wetland 7 31 Stream 3 _?.A :-?-? a` a ..r .? a? ?.+> tt' c ,-. 1 ?' y t :, - _ •.j ,,.,,, r .;, r +, `, .iy Welland4 4 ' '?z.,. , r x o "t` Wetland 8 x::>+.y.'?t. ?9 r• i 'G. '?- 't`?, p /, r ? ,. ;_.! sar S ?` k" `«w. .v'L.??a rl+:. ,y,b 1? ,. tt k s J Stream Wetland 6 Wetland 5 ?pr•. .?, ? ?? ? J'L f tia ,:rL x' ;a ?;•t.'-Y'. :Il '- ? ?n.r .i% ?1 .t1,: rJ ?S' r\ _.y, a'.. ^{ ??:r ...-«?. . f°?..?•. ?U: ?"?1. - k ., :Fs _ •? rA+i.';... "'v'.` ?.+x? ?.,p _' /? , r,.... J X /. ; `•' `,? r' ?,.'l. '^ v ---l'?:' ': S: ,Tr '?r i?• fti' \? r ?ip?f ??.:. ? .+l Kr...: 9G? ',?? ? ,Sy "IS r ?'?1 f '?! l', ?1 r y I t i •_??' Yw u r, - & 4. :j 9 3 ,c T u * Qb P '?Q?, ^, ?? a I +N -.i y ' },., '.i.; 3; , o-.; f?, ? w!-.. _: ?,?5 ?'F c?yJ? 15,'. ? yam:' !F? c??r ? ?`• ? y>a • ? ?? • ? n , +d •.J.c.,rr /'^ ' ^ ? ?r{ y, " ?r ? y , `q ? ? ?'. i Y 't/ , y. . 3e' , Y.T,?'?,.,r? .. ??, , .,-.r-m - ?' zr ',, df 'r7 . a . - '`' y. -. Sr,S'. dp+{,y Sf r -?_r ?`,?w •:;? f ?, • ,.•.': r1' - t. "%,. - y.lV'c ?+Cv, ..>... T.'f;.`t'4 .'?1, ?4- !'?`„ ,'' ?., t <? tC ;2,..; r,J@• ?! f 1 `! _'1 • ?, ? .. 'r•ii« ^ G '. ? +° K -.: r., _ ? . _ ' ri.,, ,s;?'? ; i . t f ? ? r'„ 7 ??'? -? "'tea ' 4 ?' i 't 3 Cf::. '"` r '! Y?_.•' 1 , F -:..t -13{vi aayr A5v v ?.> ,1 .y'- ?'""`9.1 ? ->.f ' I s": .•i.,. r, a,•' ,? 1 S '?'... ,.y ,r`'s ' t t ? ??"+,1'?y? ;;J J. "?;?s x~•? ? ?: ?1? ?!. / Syr }a*;'..r :? -„?? ./ir Abp !? ? .y ;.;, ,?,. 1'r a ?, dr 5?... i ?[ ti. 1 •.r. ( -.? ,?, [, p ..'r ?•` Kra .k .w. r'. I i?jJ? t5`, _ t i ? F ,? ..j ,, 1 . r? ,?. r,.r >.???r •.+'? .?" i Y, t •?",. :'Yar ' ???r. 9/ !--tii4?.a/Jyr 'Y ' ti., F :? ? eiI 1 •k +? r ?{? 1Ki?=. '4 '.1 "{•. ,,t-, v>.tr ..''S# Y:, ,;,J 4 F.tt .Tw• .-.? •.:-r?• / ?(?..'-'rb'KTI?J.h7' Mfr ? `'?_. ? ?y. ?J t.. ?r ..` jr j ? . Lr ±:I I ,?\?i'-? N ?.;? q .'?? ??/'V.. T' riVJ ? 4 ?, i,r ? _/ Fti `? ,fs?. ?? f^{r,f l??lrl i i ?-1 •.. '-. ? T '? .rte •?, ?'. x, '.,` ? J :.?• ' ?'1 f A / ;. '* 1"??.:.u. i tT ." '?,? 5"r ?.:„ ?+, Little Creek head Nater .-? y a. s f^Y ?r * y.-? .. •?-''l r??', -:3' .w{? '? Wetland9 r. •l'Y. "+ 5.:'1 y. A y? _`?..'?^..+?,r'• ,, e,,•f,\ ?;.. r J .-.. .,: , ,..". r ..4 by M c . ?f!'Sbrf .! •''i N, .?L. ,?? (' ._ v ? :: .>•r :• ,; ? ?,, ? r r ;?, s, 4 >? ?. ? Wetland 10 Wetland-11 t t' I ? r: r % ;? •`s tr r 7, f ?" ? -v: t ? r ? *)" ?.xa ^' Wetland 12 ? i Y , ? .-,r a. N Wetlands y % Streams source: 2001 Johnston County Orthophoto i Wake County 1999 Orthophotos Y1 [tom h6? an ??' r 2000 0 2000 4000 Feet I:•' 'r'? ^' rJ;"u 4.;S. r >t•M ?y .? T'4 PROJECT: TITLE: N Scale: Date` FIGURE ' RAILIZC?AI? c o +i r A r NORTH CAROLINA RAILROAD COMPANY 1" = 2000' MAR 200 euRURNSmintrs JURISDICTIONAL AREAS Drawn By- ESC Project No: • NCL,PLNK North Carolina Department of Environment and Natural Resources Division of Water Quality Michael F. Easley, Governor William G. Ross, Jr., Secretary Alan W. Klimek, P.E., Director North Carolina Division of Water Quality 401 Water Quality Certification and Neuse Buffer Authorization Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, North Carolina Railroad Company has permission as outlined below to impact 319 linear feet of streams, 0.61 acres of wetlands, and 20,365 square feet of protected riparian buffer for the purpose(s) of constructing the proposed Auburn, NC Sidings project in Wake and Johnston Counties. All activities associated with these authorized impacts must be conducted with the conditions listed in the attached transmittal letter. THIS CERTIFICATION AND BUFFER AUTHORIZATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS-NC ECOSYSTEM ENHANCEMENT PROGRAM (NC EEP) DWQ Project No: LOCATION: COUNTY BASIN/ SUB BASIN/ INDEX EXP 06-0677 Auburn, NC Wake and Johnston 03-02-02/ [27-43-11 and 27-43-12] As required by 15A NCAC 2H.0500, and the conditions of this Certification and Neuse Buffer Authorization, you are required to compensate for the above impacts through the restoration, creation, enhancement or preservation of surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments; linear foot requirements must be rounded up to the nearest foot according to 15A NCAC 2R.0503(b). Impacts Mitigation 3191f stream 319 if of streams 0.61 acres wetlands 0.61 acres of wetlands (* may be required by USACE) 14,397 SF Zone 1 43,191 SF Zone 1 Buffers 5,968 SF Zone 2 8,952 SF Zone 2 Buffers 401 Wetlands Certification Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-68931 Internet: http //h2o enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper NorthCarolina Naturally Auburn, NC Sidings Page 5 of 5 June 1, 2006 This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act and the Neuse Riparian Buffer Protection Rule as described within 15A NCAC 2B .0233. If you have any questions, please telephone Cyndi Karoly or Cynthia Van Der Wiele at 919-733-1786. Si e rely Alan W. Klimek, P.E. AWKlcvdw Enclosures: GC 3404 Certificate of Completion NC EEP-Summary of Permitted Impacts and Mitigation Requirements cc: Elizabeth Scherrer, EcoScience Corp., 1101 Haynes St., Suite 101, Raleigh, NC 27604 Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Regulatory Field Office DLR Raleigh Regional Office NCEEP File Copy Central Files Filename: 060677AubumSidings(Johnston)EXP+401NBR EEP `a Auburn, NC Sidings Page 4 of 5 June 1, 2006 Construction Stormwater Permit NCGO 10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http-//h 2o enr str,te nc' u lviilFOrnis DOeuinents.ht)n.; 7. Notification of Construction The applicant and/or authorized agent shall contact the DWQ Express Review Program in writing at the letterhead address within ten (10) days of the commencement of construction. 8. Certificate of Completion Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to, document correct installation along with the Certificate of Completion form. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), 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, which 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. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. Auburn, NC Sidings r Page 3 of 5 June 1, 2006 b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404. 5. Culvert Installation Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade. shall be re- established or, if new pipes are installed in a perched manner, the pipes shall be removed and re- installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the equilibrium shall be maintained if requested in writing by DWQ. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. ..1 -.;6 Auburn, NC Sidings Page 2 of 5 June 1, 2006 The Additional Conditions of this Certification are: 1. Impacts Approved and Compensatory Mitigation The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts. Under the requirements of this General Certification and Authorization Certificate (15A NCAC 2B .0242), you are required to mitigate for these impacts. The restoration component of your mitigation plan was proposed within your application materials as described in the table below. We understand that you wish to make a payment to the NC Ecosystem Enhancement Program (EEP) to meet this mitigation requirement. DWQ has received a letter from EEP verifying acceptance of these impacts into their mitigation program. The attached impact and mitigation summary may be used to make payment to the EEP. The check should be made payable to: DENR - Ecosystem Enhancement Program Office. The EEP should be contacted at (919) 715-0476 if you have any questions concerning payment into a restoration fund. For accounting purposes, the following compensatory mitigation may be requested of the Stream and Buffer Restoration Funds to meet the conditions of the 404 Permit at the discretion of the U.S. Army Corps of Engineers: Impact Type Amount nits Mitigation Reference 404 Wetland 0.61 (acres) 0.61 ac. PCN page 8 of 13 Stream 319 (linear feet) 319. linear feet PCN page 9 of 13 Buffers Zone 1 14,397 (SF) 43,191 SF PCN age 12 of 13 Buffers Zone 2 5,968 (SF) 8,952(S ' ) PCN page 12 of 13 Total Buffers 20,365 (SF) 52,143 SF Until the EEP receives and clears your check, no impacts specified in this Water Quality Certification and Authorization Certificate shall occur. You have one (1) month from the date of this approval to make this payment. 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind, shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre-Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. war FRQc '- r 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 June 1, 2006 DWQ Project # 06-0677 Wake and.ohnston County Mr. Scott Saylor North Carolina Railroad Company 2809 Highwoods Blvd., Suite 100 Raleigh, NC 27604-1000 Subject Property: Auburn, NC Sidings White Oak Creek [03020201, 27-43-11, C NSW] Little Creek [03020201, 27-43-12, C NSW] Approval of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions Dear Mr. Saylor: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.61 acres of wetland, 319 linear feet of stream, and 20,365 SF of protected riparian buffer (14,397 SF of Zone 1 and 5,968 SF of Zone 2) for the purpose of constructing the above- referenced, as described within your application dated April 21, 2006, and received by the N.C. Division of Water Quality (DWQ) on April 24, 2006 and additional information received on May 25 and 30, 2006. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number(s) 3404 (GC3404). The Certification(s) allows you to use Nationwide Permit(s) NW 14 when issued by the US Army Corps of Engineers (USACE). This letter shall also act as your approved Authorization Certificate for impacts to the protected riparian buffers per 15A NCAC 213 .0233. In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non-discharge regulations. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h). This approval requires you to follow the conditions listed in the attached Water Quality Certification (General Certification) and the following Additional Conditions: 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: httg:.!l1i2o cilr_statc.ne,us/ncwetlatids Ne o Carolina Ntirmlly An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Section VIA. Description of proposed impacts Wetland Impact Source System Wetland 1 • Fill and ri ra associated with new 36" steel pipe installation ' Fill from new siding to south of rail bed Wetland 2 • Ri ra associated with new 36" steel pipe installation Wetland 3 ' Fill from new siding to south of rail bed • Ri ra associated with 54" CMP extension Wetland 4 • Fill from new siding to south of rail bed Wetland 5 ' Fill from new siding to south of rail bed • Ri ra associated with new double 66" steel pipe installation ' Fill from new siding to south of rail bed Wetland 6 • Ri ra associated with new 36" steel pipe installation Wetland 7 • Fill; signal installation ' Fill from new main track to north of rail bed Wetland 8 • Ri ra associated with 18" steel pipe extension ' Fill from new main track to north of rail bed Wetland 9 • Ri ra associated with 36" CMP extension ' Fill from new main track to north of rail bed Wetland 10 • Ri ra associated with new 36" steel pipe installation ' Fill from new main track to north of rail bed Wetland 11 • Ri ra associated with 18" steel pipe extension ' Fill from new main track to north of rail bed Wetland 12 • Ri ra associated with 18" steel pipe extension Stream System ' Existing culvert to be abandoned and grout filled Stream 1 • Jack & bore 161'- 36" steel pipe and construct 2 headwalls • Remove headwall and 12' of pipe, reseal all existing joints Stream 2 • Extend existing 54" RCP, 39' and construct concrete collar [subsequently modified to incorporate a plunge-pool structure ' Existing culvert to be abandoned and grout filled Stream 3 • Jack & bore new culvert ' Existing culverts to be abandoned and grout filled Stream 4 • Jack & bore 143'- double 66" steel pipes and construct 2 dual headwalls ..... ,,. ,.,.,, PHA INU, 1y 1 yb (14 I r,? R P' ' State of North Carolina Department Natural ReEnvironment 7iLA.. urces Raleigh Regional Office mmmm? Michael F. Easley, Governor NCDENR William G. (Bill) Ross, Secretary NORTH CAROLINA DEPARTMENT CP ENVIRONMENT AND NATURAL RESOURCES DIVISION OF LAND RESOURCES LETTER OF APPROVAL August 3, 2006 North Carolina Railroad Co. 2809 Nighwoods Blvd, Ste 100 Raleigh, NC 27604-1000 Attn: Scott Saylor RE: Project Name: Auburn Siding Track County: Wake Submitted by: HNTB North Carolina, PC Date Received: July 19, 2006 Date Processing Initiated: July 19, 2006 Watershed: Neuse #1/03-04-02 New Submittal () Revised (X) Dear Mr. Saylor: This office has reviewed the subject Erosion and Sedimentation Control Plan. We find the plan to be acceptable and hereby issue this letter of approval. If any modifications, performance reservations, or recommendations are applicable, a list is enclosed and is incorporated as a part of this letter of approval. The enclosed Certificate of Approval should be posted at the job site. In addition, it should be noted that this plan approval shall expire three (3) years following the date of approval, if no land-disturbing activity has been undertaken, in accordance with Title 15A, Forth Carolina Administrative Code (NCAC) 4B.0029. If any modifications are not incorporated into the plan and implemented in the field, the site will be in violation of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute (NCGS), 113A-61.1). 1SA NCAC 4B.0018(a) requires that a copy of the approved plan be on f le at the: job site. Also, this letter gives the notice required by NCGS 113A-61.1(x) concerning our right to perform periodic inspections to ensure compliance with the approved plan. North Carolina's sedimentation pollution control program is performance oriented, requiring protection of the natural resources and adjoining properties. If at any time during this project it is determined that the Erosion and Sedimentation Control flan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through 66), this office may require revisions in the plan and its implementation to ensure compliance with the Act. 4"12 RA?i? 12-i ... r....?..,. 0..1..:..A un 7yann AC9o rns.,,..,.. .?-- 111,4 1. .. ..?? .V-rv till L/W11% iuw rHA NV, ldlyo(14(ltf i Scott Saylor August 3, 2006 Page 2 Acceptance and approval of this plan is conditioned upon your compliance with applicable federal and state water quality laws, regulations and rules. This could include the Division of Water Quality under stormwater or other specific water quality standards, and the U.S. Army Corps of Engineers under Article 404 jurisdiction. Our approval does not supersede any other required permit or approval. Since this project disturbs one or more acres, one such approval relates to the stormwater that will discharge from your project. This runoff is permitted pursuant to the National Pollutant Discharge Elimination System (NPDES) administered in North Carolina by the Division of Water Quality (DWQ). Attached is the General Stormwater NPDES Permit, NCG010000, as revised October 1, 2001, covering your activity. You are responsible for complying with the General Permit requirements and are subject to enforcement by DWQ for any violations of the General Permit. Due to the location of this projeer, it should be noted that a rule to protect and maintain existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area Protection and Maintenance Rule (I 5A NCAC 2B .0233) applies to all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse or Tar-Pamlico River Basins with existing vegetation on the adjacent land or "riparian area". In riparian areas with existing vegetation in the first 30 feet directly adjacent to the stream, the rule prohibits land disturbance or new development within the first 30 feet of land next to the water ;the remaining 20 feet of the total buffer must be revegetated upon completion of any proposed land-disturbing activity). In riparian areas with existing vegetation that is less than 30 feet wide, the rule prohibits land disturbance or new development within the area that contains the existing vegetation (but not the entire 50 foot riparian area). For more information about this riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786, or a Division of Water Quality representative at this regional office. Please note that this approval is based in part on the accuracy of the information provided concerning financial responsibility. You are requested to file an amended Financial Responsibility Form if any changes become necessary. In addition, it would be helpful if you would notify this office when the proposed land-disturbing activity covered by this plan is initiated. Your cooperation is appreciated and we look forward to working with you on this project, If there are any questions, please do not hesitate to contact this office. Sincerely, YA4N IvIA-l"I'et Ahmad Al-Sharawneh AA;clm cc: Enrico A. Roque, PE, HNTB North Carolina, PC Regional Supervisor, Division of Water Quality Asst. Regional Engineer Land Quality Section 4aao AX-11 e....:.., i`..a o..i.,:-L ?V` o792nn 4Q0a r..i,...i-....., 113413w04 n9nn CAN' ingn-. .?. sill uL,i,. 11,11V MA NU, IdjUbIllif1d Scott Saylor August 3,2 006 Page 3 PLAN REVIEW COMMENTS PROJECT NAME: Auburn Siding Track DATE RECEIVED: July 19, 2006 LOCATION: Wake County REVIEWED BY: JD/AA New Submittal () Revised (X) Approved (X) Disapproved () Reasons for Disapproval () Modifications (X) Performance Reservations 1) This approval does not include stream #5 crossing. No work shall take place for this crossing and any construction thereafter until additional stream impact approval by DWQ is provided. 2) The culverts for stream #2 must be consistent in the calculation package and on the plans. 3) Provide detail for the outlet protection (scour hole) for stream #2. RECOMMENDATIONS AND/OR COMMENTS: Submit revised record drawings with the above modification. Please indicate and show on the plans the stop work station for stream #5. P. 04 1628 Mall Service Center, Raleiah, NC 27699-1628 Telephone 19191791-4200 FAX IBIA1971.a7,a .1- -r-r 1111 ULA111 AllW PHA AU. ldlUbtlVlb P. FAX COVER SHEET NORTH CAROLINA IftA DEPARTMENT OF ENVIRONMENT NCDENR AND NATURAL RESOURCES Raleigh Regional Office NngT" r'1ROUNA Pv mTrdet r or FWVIIICNN[NT AND N&UPtAL RnOURCCs 1628 Mail Service Center Raleigh, NC 27699-1628 Pages, including cover sheet TO: 1 FROM: ---/ SUBJECT: nnF.q.q ArF FAX: r-- DATE: If you do not receive all pages, call 019 791 4200 or fax back to 919.571.4718. PLEASE NOTE OUR PHONE SLUMBER HAS CH NGED THE FAX NUMBER REMAINS THE SAME =` - - -- 1101 Haynes Street Suite 101 Raleigh, NC 27604 Telephone: 919.828.3433 Fax: 919.828.3518 EcoScience August 17, 2006 Ms. Cynthia Van Der Wiele N.C. Division of Water Quality 2321 Crabtree Blvd., Suite 250 Raleigh, NC 27604-2260 RE: Division of Land Quality requirements - Auburn, NC Sidings 06-290 Dear Ms. Van Der Wiele, Please find enclosed a copy of a sedimentation and erosion control permit granted by the N.C. Division of Land Quality for the above-referenced project. The project was granted a Section 401 permit by NCDWQ on June 1, 2006. On the third page of the NCDLQ letter of approval, NCDLQ has placed conditions on its permit that concern Stream 5 (shown in the enclosed permit drawing Sheet 6 of 21, and in a supplementary detail). From what I understand, NCDLQ attests that NCDWQ has not required enough mitigation for impacts at Stream 5. The difference in the estimates of impacts is as follows: In the permit drawing, impacts to Stream 5 were calculated by adding the length of the culvert extension to the distance required to tie-in the stream to its original channel (north of the existing railroad track), for a total of 36 linear feet. NCDLQ calculated the culvert extension plus the distance to the end of the riprap outlet protection (placed on the sides of the channel, not in the bed), for a total distance of 43 linear feet. If NCDWQ requires the extra seven feet of mitigation for this impact, it will be added to a proposed permit modification. The modification is already required for an added ten feet of impacts for outlet protection at Stream 2 of this project. F@27_10w? a AUG 1 7 2006 QENR - WATER QUALITY WETLANDS AND STORMATER BRANCH Cynthia Van Der Wiele Page 2 of 2 August 17, 2006 EcoScience Corporation If NCDWQ does not require this added mitigation, please notify NCDLQ that the requirements of NCDWQ have been satisfied by the existing permit requirements. On your decision, we will proceed with the permit modification process for the added impacts to Stream 2. We have been apprised by the U.S. Army Corps of Engineers that a modification of the existing Section 404 permit will not be needed. Thank you for your attention and please do not hesitate to contact me if you have any questions or concerns. Sincerely, Elizabeth Scherrer EcoScience Corporation Attachments: Permit drawing, NCDLQ permit nuu -0000 ! nU Ue - 144 N17 UtaYK KKU FAX NO, 19195714718 P. 02 State of North Carolina Department of Environment and Natural Resources ? Raleigh Regional Office Michael F, Easley, Governor NCDENR William G. (Bill) Ross, Secretary NORTH CAROLINA DEPARTMENT OF ENVIRONMeNT AND NATURAL ResOURCEB DIVISION OF LAND RESOURCES LETTER OF APPROVAL August 3, 2006 North Carolina Railroad Co. 2809 pIighwoods Blvd, Ste 100 Raleigh, NC 27604-1000 Attn: Scott Saylor RE: Project Name: Auburn Siding Track County: Wake Submitted by: HNTB North Carolina, PC Date Received: July 19, 2006 Date Processing Initiated: July 19, 2006 Watershed: Neuse 41/03-04-02 New Submittal () Revised (X) Dear Mr. Saylor: This office has reviewed the subject Erosion and Sedimentation Control Plan. We find the plan to be acceptable and hereby issue this letter of approval. If any modifications, performance reservations, or recommendations are applicable, a list is enclosed and is incorporated as a part of this letter of approval. The enclosed Certificate of Approval should be posted at the job site. In addition; it should be noted that this plan approval shall expire three (3) years following the date of approval, if no land-disturbing activity has been undertaken, in accordance with Title 15A, North Carolina Administrative Code (NCAC) 4B.0029. If any modifications are not incorporated into the plan and implemented in the field, the site will be in violation of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statute (NCGS), 113A-61.1). 15A NCAC 4B.0018(a) requires that a copy of the approved plan be on file at the job site. Also, this letter gives the notice required by NCGS 113A-61.1(a) concerning our right to perform periodic inspections to ensure compliance with the approved plan. North Carolina's sedimentation pollution control program is performance oriented, requiring protection of the natural resources and adjoining properties. If at any time during this project it is determined that the Erosion and Sedimentation Control Plan is inadequate to meet the requirements of the Sedimentation Pollution Control Act of 1973 (NCGS 113A-51 through 66), this office may require revisions in the plan and its implementation to ensure compliance with the Act. 4999 U.,;I a-l-,, r...?..,, C-L.;.-L. LI^ 07ann ACRD rnan»nA •.,r+n I-Av 1nAn%r-1J .- 1JUU i t c_uuu Inu uoI40 till UnIYK KKU ?AX NO. 19195714718 P. 03 Scott Saylor August 3, 2006 Page 2 Acceptance and approval of this plan is conditioned upon your compliance with applicable federal and state water quality laws, regulations and rules. This could include the Division of Water Quality under stormwater or other specific water quality standards, and the U.S. Army Corps of Engineers under Article 404 jurisdiction. Our approval does not supersede any other required permit or approval. Since this project disturbs one or more acres, one such approval relates to the stormwater that will discharge from your project. This runoff is permitted pursuant to the National Pollutant Discharge Elimination System (NPDES) administered in North Carolina by the Division of Water Quality (DWQ). Attached is the General Stormwater NPDES Permit, NCG010000, as revised October 1, 2001, covering your activity. You are responsible for complying with the General Permit requirements and are subject to enforcement by DWQ for any violations of the General Permit._ Due to the location of this project, it should be noted that a rule to protect and maintain existing buffers along watercourses in the Neuse River Basin became effective on July 22, 1997. The Neuse River Riparian Area Protection and Maintenance Rule () 5A NCAC 2B .0233) applies to all perennial and intermittent streams, lakes, ponds and estuaries in the Neuse or Tar-Pamlico River Basins with existing vegetation on the adjacent land or "riparian area". In riparian areas with existing vegetation in the first 30 feet directly adjacent to the stream, the rule prohibits land disturbance or new development within the frst 30 feet of land next to the water (the remaining 20 feet of the total buffer must be revegetated upon completion of any proposed land-disturbing activity). In riparian areas with existing vegetation that is less than 30 feet wide, the rule prohibits land disturbance or new development within the area that contains the existing vegetation (but not the entire 50 foot riparian area). For more information about this riparian area rule, please contact the Division of Water Quality's Wetland/401 Unit at 919-733-1786, or a Division of Water Quality representative at this regional office. Please note that this approval is based in part on the accuracy of the information provided concerning financial responsibility. You are requested to file an amended Financial Responsibility Form if any changes become necessary. In addition, it would be helpful if you would notify this office when the proposed land-disturbing activity covered by this plan is initiated. Your cooperation is appreciated and we look forward to working with you on this project. If there are. any questions, please do not hesitate to contact this office. Sincerely, 6?? 1?t'4?,t. Ahmad A]-Sharawneh Asst. Regional Engineer Land Quality Section AA;clm cc: Eiulco A. Roque, PE, kfNTB North Carolina, PC Regional Supervisor, Division of Water Quality ee-30 AM..tt d,,,..:,.., ??..•.. o.,i.. -6 ?In 0$712nA 4Q9ti T-i.,,.t,...,,. incorrQ f A,)nn CAY m4ai ;7.l_A749 r-U V U ? ??u U0 - 4U n1, UMV. KKU h AX NO. 19195714718 P, 04 Scott Saylor August 3,2 006 Page 3 PLAN REVIEW COMMENTS PROJECT NAME: Auburn Siding Track LOCATION: Wake County DATE RECEIVED: July 19, 2006 REVIEWED BY: JD/AA New Submittal () Revised (X) Approved (X) Disapproved () Reasons for Usapproval O Moditications (A) rerrormance rteservavons 1) This approval does not include stream #5 crossing. No work shall take place for this crossing and any construction thereafter until additional stream impact approval by DWQ is provided. 2; The culverts for stream #2 must be consistent in the calculation package and on the plans. 3) Provide detail for the outlet protection (scour hole) for stream #2. RECOMMENDATIONS AND/OR COMMENTS: Submit revised record drawings with the above modification. Please indicate and show on the plans the stop work station for stream #5. 1628 Mail Service Center. Ralaiah. NC 27699.1628 Telenhone (9191791-4200 FAX (9191571.4718 STREAM 5 ZONE 1 BUFFER IMPACT: 2,378 FT 2 ZONE 2 BUFFER IMPACT: 1,073 FT2 STREAM IMPACT: 36 LF & 281 FT 2 LIMITS OF CONSTRUCTION COLLAR & EXTEND 30" RCP 8 RIGHT-OF-WAY AREA OF IMPACTED WETLAND: 9,297 FT' 0 0 PLAN VIEW, STREAM 5 & WETLAND 8 - AILP'z"L`NA RAILROAD LEGEND C O M P A N Y ,3 NORTH CAROLINA P. C. ® WETLAND IMPACT -••-••--------•-••- LIMITS OF CONSTRUCTION ?J Raleigh gh51 NOrOthKCaRO?AO^a527TGEO9200 NTB HN E ® ZONEI BUFFER IMPACT STREAMLINE ® ZONE 2 BUFFER IMPACT -------- RIGHT-OF-WAY 0 50, 100, SHEET 6 OF 21 EST. II TONS CL B RIP RAP W/ 28 SY FILTER FABRIC DO NOT PLACE RIP RAP IN BED OF JURISDICTIONAL STREAM STREAM 5 8 /- DITCH WETLAND 8 0.22 ACRES ------------------------ I----------- EXIST. 30" RCP EST. 11 TONS CL B RIP RAP W/ 28 SY FILTER FABRIC DO NOT PLACE RIP RAP RIGHT-OF-WAY IN BED OF JURISDICTIONAL STREAM STREAM 5 $ DITCH WETLAND 8 LIMITS OF 0.22 ACRES CONSTRUCTION MAI EXIST.30" RCP COLLAR & EXTEND 30" RCP 26 8 RIGHT-OF4VAY t V) -B i M 5 r i? S 1-0 wed C?k ?c?-Q O tw ©c ca L( CCU- a -CJC Q cn L A- -fJZ__ l U he n T e n fe r e. d 4-, e ( n--) Pcc..-1-s r??J tosvstem r? PROGRAM RECEIPT July 25, 2006 Stream credits corrected August 2, 2006 Mr. Scott Saylor, President North Carolina Railroad Company 2809 Highwoods Blvd, Suite 100 Raleigh, NC 27604-1000 Project: County: DWQ #: USACE Action ID: Amount Paid: Check Number: Auburn Sidings Wake, Johnston 2006-0677 SAW-32746-251 S 136,322.03 37676 N(? U 0Z The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. River Basin Wetlands Credits Stream Credits Buffer I Buffer II CU (Sq. Ft.) (Sq. Ft.) Ri arian Non-Riparian Coastal Marsh Cold Cool Warm Neuse 03020201 0.4 0.21 0 0 0 319 43,191 8,952 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5205. Sincerely, -D . <1? illiamD. Gilmore, PE Director cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE-Raleigh Eric Kulz, DWQ-Raleigh Elizabeth Sherrer, EcoScience-Raleigh (fax) File Rutoriii!g... ... Prot" Our Stag AUG 11 2006 icR 01 1,'rT) ??? North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net r"I*- ?a J1-Vlll 9rj ? °t9 PROGRAM RECEIPT July 25, 2006 Mr. Scott Saylor, President North Carolina Railroad Company 2809 Highwoods Blvd, Suite 100 Raleigh, NC 27604-1000 Project: County: DWQ #: USACE Action ID: Amount Paid: Check Number: Auburn Sidings Wake, Johnston 2006-0677 SAW-32746-251 S 136,322.03 37676 The North Carolina Ecosystem Enhancement Program (NCEEP) has received checks as indicated above as payment for the compensatory mitigation requirements of the 401 Water Quality Certification/Section 404 Permit issued for the above referenced project. This receipt serves as notification that the compensatory mitigation requirements for this project have been satisfied. You must also comply with all other conditions of this certification and any other state, federal or local government permits or authorization associated with this activity. The NCEEP, by acceptance of this payment, acknowledges that the NCEEP is responsible for the compensatory mitigation requirements associated with the project permit and agrees to provide the compensatory mitigation as specified in the permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the NC Department of Environment and Natural Resources and the US Army Corps of Engineers dated November 4, 1998, as indicated below. River Basin Wetlands Credits Stream Credits Buffer I Buffer II CU (Sq. Ft.) (Sq. Ft.) Riparian Non-Riparian Coastal Marsh Cold Cool Warm Neuse 0.4 0.21 0 0 0 219 43,191 8,952 03020201 Please note that a payment made to the Ecosystem Enhancement Program is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must also be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. If you have any questions or need additional information, please contact Carol Shaw at (919) 733-5205. cc: Cyndi Karoly, Wetlands/401 Unit Monte Matthews, USACE-Raleigh Eric Kulz, DWQ-Raleigh Elizabeth Sherrer, EcoScience-Raleigh (fax) File Sincerely, o ??? 1pp6 illiam D. Gilmore, PE Director K"torik, ... E ... Protect oar stag 167 MUM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 /www.nceep.net 00 Mr. Scott Saylor, President North Carolina Railroad Company 2809 Highwoods Blvd, Suite 100 Raleigh, NC 27604-1000 Project: Auburn, NC Sidings County: Wake, Johnston You have elected to satisfy the compensatory mitigation requirements of the Section 401/404 permit issued for the above reference project through payment of a fee to the North Carolina Ecosystem Enhancement Program (NCEEP). In accordance with 15A NCAC 2H.0500, your fee has been calculated as follows (Please note: payment of wetlands is calculated in increments of 0.25 acres). If you have any questions concerning this payment, please call Carol Shaw at 919-733-5205. Riparian Wetlands Non-Riparian Wetlands Saltwater Wetland Stream Buffer-Zone 1 Buffer - Zone 2 Total 0.50 acres 0.25 acres 0 acres 299 linear feet 43,191 square feet 8,952 square feet x $ 26,246.00 x $ 13,123.00 x $131,230.00 x $ 219.00 x $ .96 x $ .96 $ 13,123.00 $ 3,280.75 $ 69,861.00 $ 41,463.36 $ 8,593.92 $136,322.03 Please mail a check made payable to NCEEP for the total amount due to the address below NC DENR Ecosystem Enhancement Program 1652 Mail Service Center Raleigh, NC 27699-1652 Please note that a payment made to the NCEEP is not reimbursable unless a request for reimbursement is received within 12 months of the date of the receipt. Any such request must be accompanied by letters from the permitting agencies stating that the permit and/or authorization have been rescinded. YOU MUST BE IN POSSESSION OF THE PAYMENT RECEIPT FROM THE NCEEP PRIOR TO COMMENCING THE ACTIVITIES AUTHORIZED BY THE DEPARTMENT OF ARMY PERMIT AND/OR THE 401 WATER QUALITY CERTIFICATION. cc: Cyndi Karoly, DWQ Wetlands/401 Eric Kulz, DWQ-Raleigh Jamie Shern, USACE-Raleigh File A"t-ovrr?... Ehl" ... PYOtecti? Our Stag INVOICE July 14, 2006 DWQ#: 06-0677 COE#: SAW-32746-251 MUM North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.net 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 July 17, 2006 NC Railroad Company Attn: Mr. Scott Saylor 2809 Highwoods Blvd., Suite 100 Raleigh, NC 27604-1000 Subject Property: Auburn, NC Sidings DWQ EXP# 06-0677v2 Wake and Johnston County This letter is in response to the July 14, 2006 correspondence by Elizabeth Scherrer, EcoScience, Inc., requesting approval to use a plunge pool structure at Stream 2 of the subject project. The Division of Water Quality understands that this will result in additional impacts and that this is necessary in order to satisfy the requirements of the NC Division of Land Quality. DWQ will approve the use of this structure. However, a modification to the 401 Water Quality Certification and Riparian Buffer Authorization issued on June 1, 2006 will be necessary. This letter only addresses the ability to use plunge pool structures and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any questions, please contact Cynthia Van Der Wiele at 919.715.3473. Sincerely, 4--L-ce" Cyn ' B. Karoly, Manager 401 / Express Review Oversite Unit CBK/cvdw cc: Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Field Office Elizabeth Scherrer, EcoScience, Inc., 1101 Haynes St., Suite 101, Raleigh, NC 27604 File Copy Central Files 401 Oversight / Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http::;112o.enr.state.nc.us/nekvetiands Nocon Carolina ?tura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper SENDING CONFIRMATION DATE : JUL-17-2006 MON 15:37 NAME DWQ-WETLANDS TEL 9197336893 PHONE : 99547099 PAGES : 2/2 START TIME : JUL-17 15:35 ELAPSED TIME : 00'39" MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED... ?0F W A rF9 vKlrcl P. ?I.1. ewena. p ?! NilhamQ Ro.. h.. aecrcury p? TpY NalhCwhna DeY?cr?em of cn.bm?mnt and NknnlRn?ne y a Y Alm W. IUimek, P.[!- o.- rVi'eb?M al wen, puehry EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 oversight/Express Review Permitting Unit Strut Addrem: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604.2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-0203 Fax #: 919-733-a93 Fax To. Elizabeth Scherrer, EcoScience Fax #: 828.3518 Scott Saylor 954-7099 Subject: Auburn, NC Sidings Date: July 17, 2006 Number of pages including cover sheet: 2 dotes or special instructions: The orioinaLaill be sent in the mail. Ifyoa F-ave questions. please contact tyynUila Van Dece a at 919-715.3473 2=t aCl f/?ersl{1e'P?prcv ptvle.r T' MRr,t U.K 16la W, $-I.. Csrner. Mla1h. N ,c-t.. S1a99-ISO 2]71 C+•h.e. Rn .-. - 2511 ReN'S?. Re•Ih C?rtain 19 0 Phan. (119)1;;-I1N1 rn (91.) 93. .3 ln9e'nK bN:-1?'*!?5 ^,4?f?r9:1>n? ,1n =V?' W WM1'nll%?rmaMe /Mm EmWRI -Sl:. Rery3MNG W1I CmLnn Papa SENDING CONFIRMATION DATE JUL-17-2006 MON 15:35 NAME DWQ-WETLANDS TEL 9197336893 PHONE : 98283518 PAGES : 2/2 START TIME : JUL-17 15:34 ELAPSED TIME : 00r 19)) MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED... G war F .?1Q H a 0 M?MUeI F. G,In, f'merrvv 1111?./¦¦WIWI ll??..//YY??11 y ? y Ntipivn G. Rose Ir., Seanr:y Nish C:Mw ppormr:,l d c..:«...nt nd NNwJ Rm?a• cl Ann W Klimek,,P e Un- „ IT.6inn ?ot«m) EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review Permitting Unit Street Address: 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604-2260 Mailing addrm: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phonc k 919-733-0203 Fax #: 919-733-6893 Fax To: Elizabeth Schemer, EcoScience Fax #: 828.35 18 Scott Saylor 954-7099 Subiect: Auburn, NC Sidings Date: July 17, 2006 Number of pages including cover sheet: 2 Notes or special instructions: TM original will be sent in the nail. if ) QN have ammOons, please contact Cynthia Van Der Wiele az 919-715-3473. 10 +w3o0Ma?M.11 Ssws-rten Aecxmc.. ie« PmmlCaq Unit rs,krrn,NMhcardimnom icse ua r.,et•a? ro?r.w. satk zso. Rak,s? raYa? c mFm 7:fM pnn« IOte) iH-I)Rnl an l")1Y) )3?da9J ?n Epuai t7WOnin«,?natneMe Aft, Enpb,a.SD•b RagacNlO: PauCasi- Faier FWAr? \O t10 RQG Michael F. Easley, Governor y William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review Permitting Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-0203 Fax #: 919-733-6893 Fax To: Elizabeth Scherrer, EcoScience Scott Saylor Fax #: 828.3518 954-7099 Subject: Auburn, NC Sidings Number of pages including cover sheet: 2 Notes or special instructions: Date: July 17, 2006 The original will be sent in the mail. If you have questions, please contact Cynthia Van Der Wiele at 919-715-3473 . Noon hCarolina ,y??_ 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: httpJlh2o.enr.state.nC.uslncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper 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 July 17, 2006 NC Railroad Company Attn: Mr. Scott Saylor 2809 Highwoods Blvd., Suite 100 Raleigh, NC 27604-1000 Subject Property: Auburn, NC Sidings DWQ EXP# 06-0677v2 Wake and Johnston County This letter is in response to the July 14, 2006 correspondence by Elizabeth Scherrer, EcoScience, Inc., requesting approval to use a plunge pool structure at Stream 2 of the subject project. The Division of Water Quality understands that this will result in additional impacts and that this is necessary in order to satisfy the requirements of the NC Division of Land Quality. DWQ will approve the use of this structure. However, a modification to the 401 Water Quality Certification and Riparian Buffer Authorization issued on June 1, 2006 will be necessary. This letter only addresses the ability to use plunge pool structures and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any questions, please contact Cynthia Van Der Wiele at 919.715.3473. Sincerely, 4--L-ce" Cyn ' B. Karoly, Manager 401 / Express Review Oversite Unit CBK/cvdw cc: Eric Kulz, DWQ Raleigh Regional Office USACE Raleigh Field Office Elizabeth Scherrer, EcoScience, Inc., 1101 Haynes St., Suite 101, Raleigh, NC 27604 File Copy Central Files 401 Oversight / Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http::;112o.enr.state.nc.us/nekvetiands Nocon Carolina ?tura!!y An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper SENDING CONFIRMATION DATE : JUL-17-2006 MON 15:37 NAME DWQ-WETLANDS TEL 9197336893 PHONE : 99547099 PAGES : 2/2 START TIME : JUL-17 15:35 ELAPSED TIME : 00'39" MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED... ?0F W A rF9 vKlrcl P. ?I.1. ewena. p ?! NilhamQ Ro.. h.. aecrcury p? TpY NalhCwhna DeY?cr?em of cn.bm?mnt and NknnlRn?ne y a Y Alm W. IUimek, P.[!- o.- rVi'eb?M al wen, puehry EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 oversight/Express Review Permitting Unit Strut Addrem: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604.2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-0203 Fax #: 919-733-a93 Fax To. Elizabeth Scherrer, EcoScience Fax #: 828.3518 Scott Saylor 954-7099 Subject: Auburn, NC Sidings Date: July 17, 2006 Number of pages including cover sheet: 2 dotes or special instructions: The orioinaLaill be sent in the mail. Ifyoa F-ave questions. please contact tyynUila Van Dece a at 919-715.3473 2=t aCl f/?ersl{1e'P?prcv ptvle.r T' MRr,t U.K 16la W, $-I.. Csrner. Mla1h. N ,c-t.. S1a99-ISO 2]71 C+•h.e. Rn .-. - 2511 ReN'S?. Re•Ih C?rtain 19 0 Phan. (119)1;;-I1N1 rn (91.) 93. .3 ln9e'nK bN:-1?'*!?5 ^,4?f?r9:1>n? ,1n =V?' W WM1'nll%?rmaMe /Mm EmWRI -Sl:. Rery3MNG W1I CmLnn Papa SENDING CONFIRMATION DATE JUL-17-2006 MON 15:35 NAME DWQ-WETLANDS TEL 9197336893 PHONE : 98283518 PAGES : 2/2 START TIME : JUL-17 15:34 ELAPSED TIME : 00r 19)) MODE : ECM RESULTS : OK FIRST PAGE OF RECENT DOCUMENT TRANSMITTED... G war F .?1Q H a 0 M?MUeI F. G,In, f'merrvv 1111?./¦¦WIWI ll??..//YY??11 y ? y Ntipivn G. Rose Ir., Seanr:y Nish C:Mw ppormr:,l d c..:«...nt nd NNwJ Rm?a• cl Ann W Klimek,,P e Un- „ IT.6inn ?ot«m) EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review Permitting Unit Street Address: 2321 Crabtree Boulevard Suite 250 Raleigh, NC 27604-2260 Mailing addrm: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phonc k 919-733-0203 Fax #: 919-733-6893 Fax To: Elizabeth Schemer, EcoScience Fax #: 828.35 18 Scott Saylor 954-7099 Subiect: Auburn, NC Sidings Date: July 17, 2006 Number of pages including cover sheet: 2 Notes or special instructions: TM original will be sent in the nail. if ) QN have ammOons, please contact Cynthia Van Der Wiele az 919-715-3473. 10 +w3o0Ma?M.11 Ssws-rten Aecxmc.. ie« PmmlCaq Unit rs,krrn,NMhcardimnom icse ua r.,et•a? ro?r.w. satk zso. Rak,s? raYa? c mFm 7:fM pnn« IOte) iH-I)Rnl an l")1Y) )3?da9J ?n Epuai t7WOnin«,?natneMe Aft, Enpb,a.SD•b RagacNlO: PauCasi- Faier FWAr? \O t10 RQG Michael F. Easley, Governor y William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director Division of Water Quality EXPRESS PERMIT REVIEW PROGRAM Division of Water Quality Department of Environmental and Natural Resources 401 Oversight/Express Review Permitting Unit Street Address: 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604-2260 Mailing Address: 1650 Mail Service Center Raleigh, NC 27699-1650 Contact Information: Phone #: 919-733-0203 Fax #: 919-733-6893 Fax To: Elizabeth Scherrer, EcoScience Scott Saylor Fax #: 828.3518 954-7099 Subject: Auburn, NC Sidings Number of pages including cover sheet: 2 Notes or special instructions: Date: July 17, 2006 The original will be sent in the mail. If you have questions, please contact Cynthia Van Der Wiele at 919-715-3473 . Noon hCarolina ,y??_ 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: httpJlh2o.enr.state.nC.uslncwetiands An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Job(Code-Property) Invoice Description Amount s&s01(o_h-100-Johnston County) 082906 Express permitting fee (amendment) - Auburn si 200.00 200.00 Lk?KRDW p D AUG 3 1 2006 UENR - WATER QUALITY YVETLANDS AND STOfMVATER BRANCH