Public Notice

SAW-2009-01730

Published Jan. 29, 2013
Expiration date: 2/28/2013

PUBLIC NOTICE

Issue Date: January 30, 2013

Comment Deadline: February 28, 2013

Corps Action ID #: SAW-2009-01730

TIP Project No. C-4901 A, D

The Wilmington District, Corps of Engineers (Corps) has received an application from

Mr. Marc Hamel of the North Carolina Department of Transportation Rail Division

(NCDOT Rails), seeking a Department of the Army permit authorization for permanent

impacts to 1154 linear feet of jurisdictional stream channels and 3.48 acres of

jurisdictional wetlands adjacent to Jimmy’s Creek which is a tributary of the Yadkin

River, associated with the proposed safety improvements to approximately 4.2 miles of

existing rail corridor located south of Bower Station to Lake Station, south of

Thomasville, in Davidson County, North Carolina. The NCDOT Rails has identified this

project as TIP Project C-4901A, D.

Specific plans, alternatives, and locations are described below and shown on the attached

plans. This Public Notice and all attached plans are also available on the Wilmington

District Web Site at http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgam.aspx.

Applicant: N C Department of Transportation; Rail Division

N C Department of Transportation; Rail Division

Attn: Mr. Marc Hamel

1553 Mail Service Center

Raleigh, NC 27699-1553

Authority

The Corps will evaluate this application and decide whether to issue, conditionally issue,

or deny the proposed work pursuant to applicable procedures of Section 404(b) of the

Clean Water Act (33U.S.C. 1344).

Location

The project area associated with the C-4901 project encompasses approximately 183.3

acres and generally consists of the area within 100 feet of the center of the existing

railway and outward along Upper Lake Road (State Route [SR] 2024) and Turner Road

(SR 2005). Along these roadways, the project area extends up to 1475 feet from the

existing rail line with widths that range from 75 to 350 feet from the roadway center.

This existing rail corridor is located south of Thomasville, in Davidson County, North

Carolina. Water resources within the project area include Jimmy’s Creek which part of

the Yadkin River Basin (U.S. Geological Survey [USGS] Hydrologic Unit [HUC]

03040103). The approximate midpoint of the project is located at 35.8453° N., -80.1806°

W.

Existing Site Conditions

The rail within the project corridor currently consists of a single track, allowing one train

access to this portion of the rail at any given time. NCDOT Rails proposes to construct a

second track adjacent to the existing track. The rail corridor north of Bowers and south of

Lake currently has double tracks and this project will eliminate traffic bottlenecks. This

section of rail previously contained two tracks; however, portions of the double track

were removed as redundant in the 1960’s as part of a signal system improvement project.

Since that time, rail traffic has greatly increased and additional capacity and service

reliability are needed. In addition, the alignments of specific curves in this section

inhibit the ability to achieve high speed passenger train service.

The rail corridor is located southwest of Thomasville to just northeast of Lexington

running adjacent to Jimmy’s Creek in rolling topography consisting of open ridges and

wooded valleys typical of the North Carolina Piedmont. Land use in the area around the

rail corridor is mostly industrial with an active granite quarry, an asphalt plant, and a

county landfill with a few rural residential properties including a trailer park located at

the Lower Lake Road crossing.

Axiom Environmental, Inc., consultants for NCDOT Rails, conducted a jurisdictional

delineation of the proposed project property. Mr. John Thomas of the Raleigh

Regulatory Field Office, Wilmington District Corps of Engineers conducted site

inspections with ECS Carolinas consultants to verify these jurisdictional delineations on

May 4, 2010.

Applicant’s Stated Purpose

This project will improve overall corridor capacity and improve passenger train schedule

reliability by allowing freight and passenger trains to quickly and efficiently maneuver

past one other. In addition, the implementation of this project is intended to provide a

combination of alignment and safety improvements to provide high speed passenger

service on one of the most heavily traveled railroads in the state.

Project Description

The rail within the project corridor currently consists of a single track, allowing one

train access to this portion of the rail at any given time. The Rail Division proposes to

construct a second track adjacent to the existing track. The rail corridor north of

Bowers and south of Lake currently has double tracks and this project will eliminate

traffic bottlenecks. This section of rail previously contained two tracks; however,

portions of the double track were removed as redundant in the 1960’s as part of a

signal system improvement project. Since that time, rail traffic has greatly increased

and additional capacity and service reliability are needed. This project is divided

into two sections:

• Rail grading (C-4901A), which will include preparation for the second track,

replacement of the rail bridge superstructure over Abbott’s Creek, replacement of

the rail bridge over Jimmy’s Creek, and rehabilitation of the rail bridge over Rich

Fork Creek;

• Track work (C-4901D), which includes the installation of 4.1 miles of the second

track.

In addition, the alignments of specific curves in this project rail corridor inhibit the

ability to achieve high speed passenger train service. The proposed project will realign

the three curves within the project rail corridor that are currently greater than 1º 30' to

improve them to the 90 miles per hour design speed for higher speed passenger service.

This will include the 1º 54' curve beginning just south of Jimmys Creek (depicted on the

attached Design Plans as “Hamby Creek Trib”) and the 2º curve that it transitions into

(depicted on the attached Design Plans, Sheets 10-12). This compound curve ends just

north of Lower Lake Road. The proposed project will also improve the 2º curve

beginning south of Abbotts Creek (Design Plans, Sheet 18). The curve realignments will

also benefit freights by reducing drag and hence reducing fuel consumption, emissions,

and wheel noise. Therefore, NCDOT’s track improvements within the corridor focus on

increasing safety, track capacity, reliability, and train speed.

Based upon 65 percent plans dated November 15, 2012, and Permit Drawings dated

December 6, 2012, the project is anticipated to permanently impact approximately 1154

linear feet of streams and approximately 3.48 acres of jurisdictional wetland areas. In

addition to jurisdictional wetlands, one isolated wetland area is anticipated to receive

0.53 acre of impact. All impacts to jurisdictional streams and jurisdictional and isolated

wetland areas are anticipated in conjunction with the C-4901A portion of the project.

The attached Permit Drawings depict the locations and extents of jurisdictional and

isolated area impacts, and the attached Wetland Permit Impact Summary provides

details of impacts at each impact site.

Compensatory mitigation for this project is anticipated from warm water stream and

riparian wetland mitigation credits from the NCEEP. Based upon agreements stipulated

in the “Memorandum of Agreement Among the North Carolina Department of

Environment and Natural Resources, the North Carolina Department of Transportation,

and the United States Army Corps of Engineers, Wilmington District” (MOA), it is

understood that the NCEEP will assume responsibility for satisfying the remainder of

Clean Water Act compensatory mitigation requirements for this project (1,474 warmwater

stream mitigation credits and 6.77 riparian wetland mitigation credits). The

offsetting mitigation provided by the NCEEP will derive from an inventory of assets

already in existence within U.S. Geological Survey (USGS) Hydrologic Unit (HU)

03040103. A Mitigation Acceptance Letter from the NCEEP, dated January 4, 2013,

was included in the permit request package.

Detailed Study Alternatives

The ranges of alternatives that have been considered include the No-Build Alternative,

Alternate Mode of Transportation Alternative, and the Build Alternative within the

existing rail corridor that consist of the Best-Fit improvements to the existing facility.

After a preliminary evaluation, it was determine that the Best-Fit alternative should be

carried forward for detailed study due to its ability to meet the stated Purpose and Need.

Other Required Authorizations

This notice and all applicable application materials are being forwarded to the appropriate

State agencies for review. The Corps will generally not make a final permit decision until

the North Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State

certification required by Section 401 of the Clean Water Act (PL 92-500). The receipt of

the application and this public notice combined with appropriate application fee at the

North Carolina Division of Water Quality central office in Raleigh will constitute initial

receipt of an application for a 401 Water Quality Certification. A waiver will be deemed

to occur if the NCDWQ fails to act on this request for certification within sixty days of

the date of the receipt of this notice in the NCDWQ Central Office. Additional

information regarding the Clean Water Act certification may be reviewed at the NCDWQ

Central Office, 401 Oversight and Express Permits Unit, 2321 Crabtree Boulevard,

Raleigh, North Carolina 27604-2260. All persons desiring to make comments regarding

the application for certification under Section 401 of the Clean Water Act should do so in

writing delivered to the North Carolina Division of Water Quality (NCDWQ), 1650 Mail

Service Center, Raleigh, North Carolina 27699-1650 Attention: Ms. Karen Higgins by

February 19, 2013.

Essential Fish Habitat

This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the

Magnuson-Stevens Fishery Conservation and Management Act. The Corps’ initial

determination is that the proposed project will not adversely impact EFH or associated

fisheries managed by the South Atlantic or Mid Atlantic Fishery Management Councils

or the National Marine Fisheries Service.

Cultural Resources

The Corps has consulted the latest published version of the National Register of Historic

Places and is not aware that any registered properties, or properties listed as being

eligible for inclusion therein are located within the project area or will be affected by the

proposed work. Presently, unknown archeological, scientific, prehistoric, or historical

data may be located within the project area and/or could be affected by the proposed

work.

Endangered Species

The Corps has reviewed the project area, examined all information provided by the

applicant and consulted the latest North Carolina Natural Heritage Database. Based on

available information, the Corps is not aware of the presence of species listed as

threatened or endangered or their critical habitat formally designated pursuant to the

Endangered Species Act of 1973 within the project area. A final determination on the

effects of the proposed project will be made upon additional review of the project and

completion of any necessary biological assessment and/or consultation with the U.S. Fish

and Wildlife Service and/or National Marine Fisheries Service.

Evaluation

The decision whether to issue a permit will be based on an evaluation of the probable

impacts, including cumulative impacts, of the proposed activity on the public interest.

That decision will reflect the national concern for both protection and utilization of

important resources. The benefit which reasonably may be expected to accrue from the

proposal must be balanced against its reasonably foreseeable detriments. All factors

which may be relevant to the proposal will be considered including the cumulative effects

thereof; among those are conservation, economics, aesthetics, general environmental

concerns, wetlands, historic properties, fish and wildlife values, flood hazards, flood plain

values (in accordance with Executive Order 11988), land use, navigation, shoreline

erosion and accretion, recreation, water supply and conservation, water quality, energy

needs, safety, food and fiber production, mineral needs, considerations of property

ownership, and, in general, the needs and welfare of the people. For activities involving

the discharge of dredged or fill materials in waters of the United States, the evaluation of

the impact of the activity on the public interest will include application of the

Environmental Protection Agency’s 404(b)(1) guidelines.

Commenting Information

The Corps of Engineers is soliciting comments from the public; Federal, State and local

agencies and officials, including any consolidate State Viewpoint or written position of

the Governor; Indian Tribes and other interested parties in order to consider and evaluate

the impacts of this proposed activity. Any comments received will be considered by the

Corps of Engineers to determine whether to issue, modify, condition or deny a permit for

this proposal. To make this decision, comments are used to assess impacts on endangered

species, historic properties, water quality, general environmental effects and the other

public interest factors listed above. Comments are used in the preparation of an

Environmental Assessment (EA) and/or an Environmental Impact Statement (EIS)

pursuant to the National Environmental Policy Act (NEPA). Comments are also used to

determine the need for a public hearing and to determine the overall public interest of the

proposed activity.

Any person may request, in writing, within the comment period specified in this notice,

that a public hearing be held to consider the application. Requests for public hearings

shall state, with particularity, the reasons for holding a public hearing. Requests for a

public hearing shall be granted, unless the District Engineer determines that the issues

raised are insubstantial or there is otherwise no valid interest to be served by a hearing.

Written comments pertinent to the proposed work, as outlined above, will be received

by the Corps of Engineers, Wilmington District, until 5pm, February 28, 2013.

Comments should be submitted to John Thomas, Raleigh Regulatory Field Office, 3331

Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587.