20021524 Ver 3_Public Notice_20110420

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PUBLIC NOTICE 4108 r ?
US Army Corps
Of Engineers
Wilmington District
Issue Date: April 21, 2011
Comment Deadline: May 23, 2011
Corps Action ID #: SAW-2009-02290
TIP Project No. R-3803B
The Wilmington District, Corps of Engineers (Corps) has received an application from The
North Carolina Department of Transportation (NCDOT) seeking Department of the Army
authorization to discharge dredged or fill material into jurisdictional waters of the United States
associated with the reconstruction and widening of I-85 to an eight lane facility from south
of Concord Mflls/Bruton Smith Boulevard to NC 73 in Cabarrus County, North Carolina.
Permanent impacts to waters of the U.S. associated with the proposed project total 0.05 acres of
riparian wetlands and 1,427 linear feet of stream channel. The project is referred to as
Transportation Improvement Project (TIP R-3803B).
Specific plans and location information 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 www.saw.usace.armv.mil/wetlands
Applicant: North Carolina Department of Transportation
Project Development and Environmental Analysis Branch
Attn: Gregory J. Thorpe, PhD.
1598 Mail Service Center
Raleigh, North Carolina 27699-1598
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 of the Clean Water Act (33
U.S.C. 1344).
Location
The proposed project is approximately 7.0 miles in length, along existing I-85, and contains four
interchanges including SR 2894 (Concord Mills/Bruton Smith Boulevard) Exit 49, SR 1394
(Poplar Tent Road) Exit 52, SR 1430 (Kannapolis Parkway) Exit 54, and NC 73 (Davidson
Highway) Exit 55, in Cabarrus County, North Carolina. Water resources within the project area
are part of the Yadkin River Basin (Hydrologic Unit 03040105).
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Background
On July 16, 2009, the NCDOT/FWHA completed and circulated for public review and comment
an Environmental Assessment (EA) for the proposed I-85 widening project State Transportation
Improvement Project (STIP No. I-3803B) located in Mecklenburg and Cabarrus County, North
Carolina. A 404 permit application for the Detailed Study Alternatives associated with the I-85
widening project 1-3803 was submitted by the NCDOT on November 24, 2010 and a Public
Notice by the Corps was issued on January 11, 2011 in order to solicit comments regarding the
proposed project No comments were received. A Federal Finding of No Significant Impact
(FONSI) was signed by NCDOT /FHWA and submitted for informational purposes on May 5,
2010. The current project has changed slightly and no longer includes the Mecklenburg County
portion of improvements.
Existing Site Conditions
The project area is located in the southwestern portion of the Piedmont physiographic province
of North Carolina with topography characterized as gently rolling, well rounded hills, long low
ridges and some low mountains. Elevations average approximately 670 feet above mean sea
level. Existing land uses in the project area are primarily a combination of residential
subdivision and light industrial uses along the interstate corridor. Commercial and retail
development is concentrated in areas located at and near the interchanges with I-85. The existing
roadway consists of four lanes between Concord Mills Boulevard and NC 73. South of the
project, I-85 consists of a basic eight-lane divided highway with a 22-foot median and concrete
barrier. Auxiliary lanes are provided between many of the interchanges due to their close
spacing. North of the project, I-85 consists of a four-lane divided highway with a 68-foot
grassed median. The project area is located within the Yadkin River Basin (Hydrologic Unit
03040105). Named streams in the project area include Stony Creek, Rocky River, Coddle Creek,
Afton Run, and Irish Buffalo Creek. Aquatic communities in the study area include both
intermittent and perennial piedmont.
On-site waters include five jurisdictional riparian wetlands and the Rocky River, unnamed
tributaries to Rocky River, Coddle Creek, unnamed tributaries to Coddle Creek, unnamed
tributaries to Afton Run, and unnamed tributaries to Irish Buffalo Creek. Coddle Creek, Rocky
River, and Irish Buffalo Creek are classified as Class C waters. Class C waters are protected for
secondary recreation, fishing, wildlife, fish consumption, aquatic life including propagation,
survival, and maintenance of biological integrity, agriculture and other uses suitable for class C.
More information on NC DWQ water quality classification can be found at
hup://aortal ncdenr org/web/wq/ps/csu/classifications According to the NCDWQ comment letter
(in response to the FONSI) dated June 1, 2010 Coddle Creek is a 303(d) listed stream for
impaired use for aquatic life due to impaired biological integrity. Rocky River and Irish Buffalo
Creek are on the 303(d) list for impaired use. for aquatic life due to impaired biological integrity
and turbidity.

Applicant's Stated Purpose
The proposed project's purpose as stated by the applicant is to provide relief from present and
future congestion and provide a higher level of efficiency on I-85.
Project Description
The project as proposed will widen existing I-85 from SR 2894 (Concord Mills/Bruton Smith
Boulevard) at exit 49 to just north of the exit 55 near the NC 73 (Davidson Highway)
intersection with I-85 to an eight lane facility. From east of NC 73, the roadway will merge
gradually and tie into the exiting four-lane facility.
Permanent proposed impacts to jurisdictional waters of the U.S. total 0.05 acres of riparian
wetlands and 1,427 linear feet of stream channel for roadway.fill, excavation and vegetation
clearing and land grading, culvert installation and bank stabilization in order to facilitate and
implement the widening project. Temporary impacts to jurisdictional stream channels total 34
linear feet. There will be no temporary impacts to jurisdictional wetlands.
The applicant proposes to provide compensatory mitigation for unavoidable impacts to water of
the U.S. through payment into the North Carolina Ecosystem Enhancement Program (NCEEP)
In-Lieu Fee (ILF) Program for 0.05 acres of riparian wetlands and 1,169 linear feet of warm
water stream at a 2:1 ratio, and 43 linear feet of stream for bank stabilization at a 1:1 ratio.
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, Transportation Permitting Unit, 512 North
Salisbury Street, Raleigh, NC 27604. 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, NC 27699-1650 Attention: Mr. Brian Wrenn, by May 23, 2011
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.
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Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and has determined that registered properties, or properties listed as being eligible for inclusion
therein are located within the project area and/or will be affected by the proposed work. The
applicant included information regarding registered properties and properties listed as being
eligible for inclusion on the National Register of Historic Places, in the permit application and
are described below.
The State Historic Preservation Office (SHPO) and NCDOT concurred the project will have no
direct effect on any known historic architectural or archaeological resources, although two
architectural sites are in close proximity to the project right of way.
These sites are identified as the Poplar Tent Presbyterian Church, which is listed in the National
Register of Historic places, located on the south side of Poplar tent Road, east of Shelton Road.
The second site is the Blake House, which eligible for listing in the Register and located along
the east side of Trinity Chapel Road, northwest of the I-85 NC 73 interchange.
In correspondence dated February 26, 2008 the SHPO concurs that there will be no effect to any
archaeological resources.
A concurrence form for Assessment of Effects was signed by the NCDOT, Federal Highway
Administration (FHWA), and the NC SHPO on February 23 and 24, 2010 stating that there
would be no adverse effect on the Poplar Tent Presbyterian Church and the Blake House. The
project as proposed avoids taking rights of way or easements from either property.
Endangered Species
There are four federally protected species of plants and animals that have ranges extending into
Cabamrs County and/or Mecklenburg County: Carolina heelsplitter mussel (Lasmigona
decorata), Michaux's sumac (Rhus michauxii), Schweinitz's sunflower (Helianthus
schweinitzii), and smooth coneflower (Echinacea laevigata). The FHWA, the lead federal
agency for coordination of endangered species issues on this project pursuant to the Endangered
Species Act of 1973 (ESA), has determined that the proposed project may have an effect on
federally listed endangered or threatened species or their formally designated critical habitat.
Two populations of Schweinitz's sunflower have been documented within one mile of the
project area however, field surveys of suitable habitat have identified no individual plants. As a
result; the FHWA has concluded that the proposed project may affect but is not likely to
adversely affect this species. The proposed project is expected to have no effect on the Carolina
heelsplitter mussel, Michaux's sumac or the smooth coneflower.

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, May 23, 2011. Comments should be
submitted to Liz Hair, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208,
Asheville, North Carolina, 28801-5006.
5

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NORTH CAROLINA
DIVISION OF HIGHWAYS
CABARRUS COUNTY
PROJECT: 34187.3.G V 2
(I-3803B)
1-85 FROM SOUTH OF SR-2894
(BRUTON SMITH/ CONCORD MILLS BLVD.)
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SITE MAP
STATE OF NORTH CAROLINA
\ ' ` DIVISION OF HIGHWAYS
??ll'?% ° (? `"11r CABARRUS COUNTY
PROJECT: 34187.3.GV2 (I-3803B)
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I-85 FROM SOUTH OF SR-2894 (BRUTON
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m)R ' `P 1 SHEET 2 OF 51 02/02/11

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SITE MAP
STATE OF NORTH CAROLINA
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DIVISION OF HIGHWAYS
CABARRUS COUNTY
k .1 + i O PROJECT: 34187.3.GV2 (I-380313)
77???+?? I-85 FROM SOUTH OF SR-2894 (BRUTON
SMITH/CONCORD MILLS BLVD.)
TO NORTH OF NC 73 (DAVIDSON HIGHWAY)
SHEET 3 OF 51 02/02/11