Public Notice ISSUED: 18-NOV-2014 EXPIRES: 18-DEC-2014

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1 APPLICANT: Wisconsin Central, Ltd. Public Notice ISSUED: 18-NOV-2014 EXPIRES: 18-DEC-2014 REFER TO: DAS SECTION:404 - Clean Water Act 1. APPLICATION FOR PERMIT TO discharge dredged and fill material into acres of wetlands adjacent to an unnamed tributary to the Trempealeau River and 2.54 acres of wetland located in constructed ditch sections along an existing rail line in conjunction with the construction of 1.7 miles of a new railroad siding and a rail yard. 2. SPECIFIC INFORMATION. APPLICANT'S ADDRESS: AGENT: Mr. John Puls Wisconsin Central, Ltd South Ashland Avenue Homewood, Illinois AGENT S ADDRESS: Golder Associates, Inc. W23960 Paul Road, Suite 210 Pewaukee, Wisconsin PROJECT LOCATION: The project site is located in Sec. 13 and 14, T. 21N, R. 7W, Trempealeau County, Wisconsin, and in Sec. 18, T. 21N, R. 6W, Jackson County, Wisconsin. The approximate UTM coordinates are Zone 15, X Coordinate , Y Coordinate The project begins approximately 1 mile east of the city of Blair, Wisconsin. DESCRIPTION OF PROJECT: The siding and yard project would include the construction of approximately 1.7 miles of new rail siding and a yard capable of staging at least 980 rail cars between Mileposts (MP) and of the CN Whitehall Subdivision. The project purpose is to improve the efficiency and safety of rail transportation along the Whitehall Subdivision. The siding is needed to provide an area for train passage and the yard is needed to provide an area for staging, sorting, and transportation of rail cars. QUANTITY, TYPE, AND AREA OF FILL: The project would include the discharge of fill material into 4.05 acres of sedge meadow wetland, 0.65 acres of fresh (wet) meadow wetland, and 5.59 acres of shrub carr wetland. The wetlands are adjacent to tributaries to the Trempealeau River, a tributary to the Mississippi River. The discharge of fill material would also occur into 2.54 acres of wetland located in constructed ditch sections. The applicant has identified these impacts as non-regulated because they consider them to be artificial wetlands incidental to ditch construction. The impacts described above are itemized by the applicant as follows:

2 Operations - Regulatory ( DAS) SUBJECT: Notice of Application for Permit Wetland Fill/Impact Area Regulated Fill/Impact Non-Regulated Fill/Impact Impacted Wetland Type(s) 4 and Area (acres) 2 (Part of Wetland) 1 Area (acres) 2, 3 Area (acres) 2,3 F1 (J) PSS/Shrub-Carr F2 (L) PSS/Shrub-Carr 0.02 F3 (I) PSS/Shrub-Carr PEM/Wet Meadow F4 (C) PSS/Shrub-Carr 3.69 PEM/Sedge Meadow 3.75 F5 (B) PSS/Shrub-Carr 0.17 PEM/Sedge Meadow 0.3 F6 (G and H) PSS/Shrub-Carr 0.19 PEM/Wet Meadow 0.4 DF PEM/Wet Meadow (Ditch Bottom) 0.01 DF PEM/Wet Meadow (Ditch Bottom) 0.05 DF PEM/Wet Meadow (Ditch Bottom) 0.14 DF PEM/Wet Meadow (Ditch Bottom) 0.81 DF PEM/Wet Meadow (Ditch Bottom) 0.11 DF PEM/Wet Meadow (Ditch Bottom) 0.12 DF PEM/Wet Meadow (Ditch Bottom) 0.65 DF PEM/Wet Meadow (Ditch Bottom) 0.27 DF PEM/Wet Meadow (Ditch Bottom) 0.32 DF PEM/Wet Meadow (Ditch Bottom) 0.06 PSS/Shrub-Carr 5.59 PEM/Wet Meadow 0.65 Totals PEM/Sedge Meadow 4.05 PEM (Ditch Bottom) Wetland fill/impact areas denoted as DF# are artificial wetlands incidental to ditches constructed through historic uplands. 2 Regulatory status based on previous conversations with the USACE and assumption that artificial wetlands incidental to ditches constructed through historic uplands may not be considered regulated by the USACE and/or WDNR. 3 Calculations based on project plan drawings, impact areas/cross sections, and functions of GIS and AutoCAD software 4 Cowardin Classification: PEM = Palustrine Emergent Wetland; PSS = Palustrine Scrub-Shrub Wetland; PFO = Palustrine Forested Wetland/Eggers and Reed: Wetland Plant Communities of MN and WI VEGETATION IN AFFECTED AREA: The wet meadow wetlands are characterized by reed canary grass, upright sedge, blue-joint grass, and wool grass. The shrub-carr wetlands are characterized by white meadowsweet, silky dogwood, stiff dogwood, and quaking aspen seedlings. SOURCE OF FILL MATERIAL: Fill material would be obtained onsite or from licensed providers. SURROUNDING LAND USE: The proposed project is located along an existing rail line. Surrounding land use is predominately agricultural. An industrial sand loading facility is currently located to the north of the project site. 2

3 Operations - Regulatory ( DAS) SUBJECT: Notice of Application for Permit DESCRIPTION OF STRUCTURE: Up to 3 tracks would be constructed along the north side of the existing track and up to 8 tracks would be constructed along the south side of the existing track. Culvert extensions of the same size and capacity as the existing culverts would also be included. THE FOLLOWING POTENTIALLY TOXIC MATERIALS COULD BE USED AT THE PROJECT SITE: Potentially toxic materials to be used would be consistent with construction activities and rail transportation. THE FOLLOWING PRECAUTIONS TO PROTECT WATER QUALITY HAVE BEEN DESCRIBED BY THE APPLICANT: Prior to commencement of site work, wetland areas in the vicinity of the proposed activity would be defined with high visibility flagging and/or fencing. Appropriate soil erosion and sedimentation control measures would be installed and maintained throughout the project in accordance with the terms and conditions of a WPDES Construction Site Storm Water Discharge Permit issued to the applicant pursuant to Chapter NR216 of the Wisconsin Administrative Code. Storm water discharge locations would meet WPDES permit treatment and discharge protection requirements. MITIGATION: The applicant is proposing to compensate for the permanent loss of wetlands associated with this permit application by purchasing credits in the Wisconsin in-lieu fee program when it is operational. At this time, the in-lieu fee program has not been approved for use and no wetland credits have been identified as available for purchase. A permit would not be issued until details of the compensatory mitigation plan are provided in accordance with appropriate compensatory mitigation guidelines. 3. REPLIES/COMMENTS. Interested parties are invited to submit to this office written facts, arguments, or objections within 30 days of the date of this notice. These statements should bear upon the suitability of the location and the adequacy of the project and should, if appropriate, suggest any changes believed to be desirable. Comments received may be forwarded to the applicant. Replies may be addressed to Regulatory Branch, St. Paul District, Corps of Engineers, 1114 South Oak Street, La Crescent, MN Or, IF YOU HAVE QUESTIONS ABOUT THE PROJECT, call Mr. David Studenski at the La Crescent office of the Corps, telephone number (651) To receive Public Notices by , go to the St. Paul District web page at and sign up. 4. FEDERALLY-LISTED THREATENED OR ENDANGERED WILDLIFE OR PLANTS OR THEIR CRITICAL HABITAT. None were identified by the applicant or are known to exist in the permit area. However, Trempealeau County is within the known or historic range of the following Federally-listed threatened (T) and endangered (E) species: 3

4 Operations - Regulatory ( DAS) SUBJECT: Notice of Application for Permit Species Higgins' eye pearlymussel (E) Habitat Mississippi and St. Croix Rivers This application is being coordinated with the U.S. Fish and Wildlife Service. Any comments it may have concerning Federally-listed threatened or endangered wildlife or plants or their critical habitat will be considered in our final assessment of the described work. 5. JURISDICTION. This application is being reviewed in accordance with the practices for documenting Corps jurisdiction under Sections 9 & 10 of the Rivers and Harbor Act of 1899 and Section 404 of the Clean Water Act identified in Regulatory Guidance Letter We have made a preliminary determination that the aquatic resources that would be impacted by the proposed project are regulated by the Corps of Engineers under Section 404 of the Clean Water Act. Our jurisdictional review and final jurisdictional determination could result in modifications to the scope of the project s regulated waterbody/wetland impacts and compensatory mitigation requirements identified above. This project comes under the regulatory jurisdiction of the Corps of Engineers because the wetlands are adjacent to a tributary to the Trempealeau River, a tributary to the Mississippi River, which is considered a navigable water of the United States. THE APPLICANT HAS STATED THAT THE FOLLOWING STATE, COUNTY, AND/OR LOCAL PERMITS HAVE BEEN APPLIED FOR/ISSUED: The applicant has applied to the Wisconsin Department of Natural Resources for a Wetland Individual Permit. 6. STATE SECTION 401 WATER QUALITY CERTIFICATION. Valid Section 404 permits cannot be issued for any activity unless state water quality certification for the activity is granted or waived pursuant to Section 401 of the Clean Water Act. WATER QUALITY CERTIFICATION. This Public Notice has been sent to the Wisconsin Department of Natural Resources and is considered by the District Engineer to constitute valid notification to that agency for water quality certification. A permit will not be granted until the Wisconsin Department of Natural Resources has issued Section 401 certification. 7. HISTORICAL/ARCHAEOLOGICAL. The applicant conducted a cultural resources survey that revealed low potential for significant cultural resources in the project area and no cultural resources were discovered. The survey concluded the project would have no effect on cultural resources. This public notice is being sent to the National Park Service and the State Archaeologist for their comments. The Corps will review information on known cultural resources and/or historic properties within and adjacent to the project area. The Corps will also consider the potential effects of the project on any properties that have yet to be identified. The results of this review and the Corps determination of effect will be coordinated with the State Historic Preservation Officer independent of this public 4

5 Operations - Regulatory ( DAS) SUBJECT: Notice of Application for Permit notice. Any adverse effects on historic properties will be resolved prior to the Corps authorization, or approval, of the work in connection with this project. 8. PUBLIC HEARING REQUESTS. Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. Requests for public hearings shall state, in detail, the reasons for holding a public hearing. A request may be denied if substantive reasons for holding a hearing are not provided or if there is otherwise no valid interest to be served. 9. PUBLIC INTEREST REVIEW. The decision whether to issue a permit will be based on an evaluation of the probable impact, 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. Among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food and fiber production and, in general, the needs and welfare of the people. Environmental and other documents will be available for review in the St. Paul District Office. The Corps of Engineers is soliciting comments from the public; Federal, State, and local agencies and officials; 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 and/or an Environmental Impact Statement pursuant to the National Environmental Policy Act. Comments are also used to determine the need for a public hearing and to determine the overall public interest of the proposed activity. Chad Konickson Chief, Southwest Section Enclosures NOTICE TO EDITORS: This public notice is provided as background information and is not a request or contract for publication. 5

6 LEGEND Approximate Site Boundary Path: H:\14x-Projects\ CN Blair Yard\Figures\Site Location Map (USGS).mxd Copyright: 2013 National Geographic Society, i-cubed Miles CLIENT WISCONSIN CENTRAL LTD. PROJECT PROPOSED BLAIR YARD WETLAND DELINEATION REPORT TITLE SITE LOCATION DIAGRAM USGS TOPOGRAPHIC MAP CONSULTANT YYYY-MM-DD PREPARED DESIGN REVIEW KPL BJH APPROVED MAB PROJECT No. CONTROL Rev. FIGURE DAS (WCL Blair Yard and Rail PN) Drawing 1 of 22 JP IF THIS MEASUREMENT DOES NOT MATCH WHAT IS SHOWN, THE SHEET HAS BEEN MODIFIED FROM: ANSI B 1 in 0

7 KEY MAP LEGEND Approximate Site Boundary Path: H:\14x-Projects\ CN Blair Yard\Figures\Site Location Map (Aerial).mxd Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community Miles CLIENT WISCONSIN CENTRAL LTD. PROJECT PROPOSED BLAIR YARD WETLAND DELINEATION REPORT TITLE SITE LOCATION DIAGRAM AERIAL PHOTOGRAPH CONSULTANT YYYY-MM-DD PREPARED DESIGN KPL BJH REVIEW JP APPROVED MAB PROJECT No. CONTROL Rev. FIGURE DAS (WCL Blair Yard and Rail PN) Drawing 2 of 22 IF THIS MEASUREMENT DOES NOT MATCH WHAT IS SHOWN, THE SHEET HAS BEEN MODIFIED FROM: ANSI B 1 in 0

8 LEGEND Approximate Site Boundary Stream Swale Wetlands Ditch\Wetlands Farmed Wetlands Delineation Point (Flag Location) Data Sample Point (Wetland Data Sheet) KEY MAP WETLAND F WETLAND G WETLAND H Path: H:\14x-Projects\ CN Blair Yard\Figures\A-\ A000.mxd FEET WETLAND A F9 F3 F4 F2 F1 A1 F5 F7 A5 A2 DSP-A1 A6 A7 DSP-UA1 G1 G2 G3 B1 B2 B3 B4 B5 B23 Culverts WETLAND B B6 G4 B7 B22 G6 G5 B8 B21 B19 B9 H1 H2 B10 B11 B18 B17 B16 Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community H3 WE REFERENCES COORDINATE SYSTEM: NAD 1983 STATEPLANE WISCONSIN CENTRAL FIPS 4802 FEET PROJECTION: LAMBERT CONFORMAL CONIC DATUM: NORTH AMERICAN 1983 NOTE DELINEATED WETLAND BOUNDARIES WERE LOCATED USING A TRIMBLE GEOXH GPS UNIT WITH SUB-METER ACCURACY. CLIENT WISCONSIN CENTRAL LTD. PROJECT PROPOSED BLAIR YARD WETLAND DELINEATION REPORT TITLE WETLAND DELINEATION MAPS CONSULTANT YYYY-MM-DD PREPARED DESIGN REVIEW APPROVED JLL/KPL BJH JP MAB PROJECT No. CONTROL Rev. FIGURE A DAS (WCL Blair Yard and Rail PN) Drawing 3 of 22 IF THIS MEASUREMENT DOES NOT MATCH WHAT IS SHOWN, THE SHEET SIZE HAS BEEN MODIFIED FROM: 1 in 0

9 LEGEND Approximate Site Boundary Stream Swale Wetlands Ditch\Wetlands Farmed Wetlands Delineation Point (Flag Location) Data Sample Point (Wetland Data Sheet) KEY MAP Path: H:\14x-Projects\ CN Blair Yard\Figures\A-\ A000.mxd H6 H4 H5 B12 B13 B15 B14 B14 TLAND B D2 D1 D10 D3 D9 D8 D4 D7 D5 D I2 I3 FEET I4 C1 I5 C2 C3 C5 C6 C4 C6 C7 C9 C10 C8 C11 C12 DSP-UC1 C13 DSP-C1 C14 WETLAND Da I6 C15 I7 I8 Culvert I9 WETLAND I I10 I11 I12 I41 I37 I40 I39 I13 WETLAND C I38 I14 I36 I26 I32 I31 I30 I27 I35 I17 I29 I21 I15 I34 I33 I18 I19 I25 I22 UC8 UC9 UC7 UC10 UC6 UC21 UC22 UC20 UC4 UC11 UC5 UC23 UC3 UC19 UC12 UC24 UC18 UC13 UC2 UC25 UC17 UC16 UC14 UC1 UC UC15 WETLAND C I23 I24 C21 C20 DSP-C2 C19 C18 DSP-UD1 C17 D15 D14 D10 D11 D12 DSP-D1 C16 WETLAND Db D9 D8 D7 D5 D Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community D4 D3 D2 35 D REFERENCES COORDINATE SYSTEM: NAD 1983 STATEPLANE WISCONSIN CENTRAL FIPS 4802 FEET PROJECTION: LAMBERT CONFORMAL CONIC DATUM: NORTH AMERICAN 1983 NOTE DELINEATED WETLAND BOUNDARIES WERE LOCATED USING A TRIMBLE GEOXH GPS UNIT WITH SUB-METER ACCURACY. CLIENT WISCONSIN CENTRAL LTD. PROJECT PROPOSED BLAIR YARD WETLAND DELINEATION REPORT TITLE WETLAND DELINEATION MAPS CONSULTANT YYYY-MM-DD PREPARED DESIGN REVIEW APPROVED JLL/KPL BJH JP MAB PROJECT No. CONTROL Rev. FIGURE B DAS (WCL Blair Yard and Rail PN) Drawing 4 of 22 IF THIS MEASUREMENT DOES NOT MATCH WHAT IS SHOWN, THE SHEET SIZE HAS BEEN MODIFIED FROM: 1 in 0

10 LEGEND Approximate Site Boundary Stream Swale Wetlands Ditch\Wetlands Farmed Wetlands Delineation Point (Flag Location) Data Sample Point (Wetland Data Sheet) KEY MAP WETLAND K WETLAND J Path: H:\14x-Projects\ CN Blair Yard\Figures\A-\ A000.mxd FEET E36 E37 fnd iron fnd iron E35 WETLAND E E33 E WETLAND E DSP-UE1 E21 E30 E29 E28 E31 DSP-E1 E22 E26 E27 E23 E25 E24 E20 E19 E18 E17 E16 E15 E14 E7 E8 E9 E11 E12 E13 E10 E6 E2 E1 E5 E4 E3 CP115 WETLAND E fnd iron Culvert WETLAND L J3 J4 J2 J1 J5 L7 L8 L6 L5 L4 L3 L2 L9 L1 Culvert Culvert Service Layer Credits: Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community REFERENCES COORDINATE SYSTEM: NAD 1983 STATEPLANE WISCONSIN CENTRAL FIPS 4802 FEET PROJECTION: LAMBERT CONFORMAL CONIC DATUM: NORTH AMERICAN 1983 NOTE DELINEATED WETLAND BOUNDARIES WERE LOCATED USING A TRIMBLE GEOXH GPS UNIT WITH SUB-METER ACCURACY. CLIENT WISCONSIN CENTRAL LTD. PROJECT PROPOSED BLAIR YARD WETLAND DELINEATION REPORT TITLE WETLAND DELINEATION MAPS CONSULTANT YYYY-MM-DD PREPARED DESIGN REVIEW APPROVED JLL/KPL BJH JP MAB PROJECT No. CONTROL Rev. FIGURE DAS (WCL Blair Yard and Rail PN) Drawing 5 of 22 IF THIS MEASUREMENT DOES NOT MATCH WHAT IS SHOWN, THE SHEET SIZE HAS BEEN MODIFIED FROM: 1 in 0

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