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.