20111102 Ver 1_Public Notice_20120113

The Wilmington District Corps of Engineers (Corps) has received an application from the
North Carolina Department of Transportation seeking Department of the Army authorization to
impact 0 15 acres of wetlands and 1 121 linear feet of stream channel associated with the
upgrade of existing Mallard Creek Road (SR 2467) from W T Harris Boulevard (SR 2665) to
the intersection with Hubbard Road (SR 2494) and then continuing to the southeast on new
location to Sugar Creek Road (SR 2480) with an extension from Rumple Road (SR 2501) to
Neal Road (SR 2498) in Mecklenburg County North Carolina This project is known as TIP
U 2507 A
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 army mil /wetlands
Applicant North Carolina Department of Transportation
Gregory J Thorpe PhD Manager
Project Development and Environmental Analysis
1548 Mail Service Center
Raleigh North Carolina 27699
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
US C 1344)
Location
The proposed project involves widening of the existing Mallard Creek Road from W T Harris
Boulevard (SR 2665) to its intersection with Hubbard Road (SR 2480) and then continuing to the
southeast on new location to Sugar Creek Road (SR 2480) with an extension from Rumple Road
(SR 2501) to Neal Road (SR 2498) in Mecklenburg County North Carolina The project is
located in adjacent wetlands and tributaries which are hydrologically connected to the Rocky
River in the Upper Pee Dee River Basin Hydrologic Cataloging Unit 03040105 More
specifically the project begins along Mallard Creek Road at 35 318197 N latitude and
80 778991 W longitude and terminates with Sugar Creek Road at 35 292114 N latitude and
80 778991 W longitude

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Background
The proposed project (U 2507 A) is both a widening of an existing roadway and a new alignment
of a portion of Mallard Creek Road in northeast Mecklenburg County North Carolina The
Federal Highway Administration (FHWA) and the North Carolina Department of Transportation
( NCDOT) published an Environmental Assessment (EA) and circulated it for comment on
March 5 1992 in relation to the proposed project TIP U 2507 A FHWA signed the Finding of
No Significant Impact for the proposed project on May 13 1992 On March 27 2009 the
NCDOT prepared a reevaluation of the EA and FONSI which concludes that the anticipated
social economic and environmental impacts were accurately described in the original NEPA
documents and that they remain valid The EA FONSI and the reevaluation are available for
review at the Asheville Regulatory Field Office of the Wilmington District U S Army Corps of
Engineers at 151 Patton Avenue Asheville North Carolina The USACE issued a Jurisdictional
Determination for the proposed project study area on August 25 2008
Existing Site Conditions
The proposed project study area is located within the Southern Piedmont Ecoregion within the
Rocky River watershed and the Upper Pee Dee River Basin (HUC 03040105) Topography in
the study area is characterized as broad gently rolling inter stream areas and by steeper slopes
along drainage ways Elevations within the study area range from a topographic low of 730 feet
above mean sea level (MSL) to a topographic high of 820 feet above MSL (USGS 1993a
1993b) All streams within the proposed project study area are classified as North Carolina
Division of Water Quality (NC DWQ) Class C waters fresh waters protected for secondary
recreation fishing aquatic life including propagation and survival and wildlife The streams
identified within the proposed project study area are unnamed tributaries to Mallard Creek or
Doby Creek Doby Creek is listed on the North Carolina Department of Environment and
Natural Resources (NC DENR) 2010 Final 303(d) List Doby Creek is listed as having impaired
biologic integrity from its source to Mallard Creek due to ecological /biological integrity for
benthos
Applicant's Stated Purpose
As stated by the applicant the proposed project purpose is to improve local access to
development along the route improve the levels of service for current and future traffic
demands reduce travel time and accidents and provide a savings of operating cost
Project Description
The following description of the work is taken from data provided by the applicant U 2507 A
includes construction of a one mile four lane divided roadway with curb and gutter on new
location from the Graham Street/Sugar Creek Road intersection to Garrison Drive At Garrison
Drive the proposed project will tie into the existing Mallard Creek Road and continue as a
widening project to the intersection of W T Harris Boulevard Jurisdictional aquatic impacts due
to the proposed construction will occur at 6 sites Total permanent impacts associated with the
proposed project total 0 15 acre of wetlands (0 11 acres are isolated wetland impacts) 1 121
4

linear feet of jurisdictional stream channel and 1 09 acre of open water impacts Temporary
impacts total less than 0 01 acre stream channel Table 1 below contains a summary of the
proposed impacts to jurisdictional wetland and stream by number Table 2 describes impacts to
open water resources
Table 1 Summary of Permanent Stream and Wetland Impacts
Site
Resource label/name
Wetland Fill
Stream Fill
Bank
Mechanized
No
PI
(acres)
(If)
Stabilization
land clearing
1
acres
1
UT to Doby
0 07 *isolated
704
22
0 04 *isolated
Creek/S7A/W4
wetland (non
wetland (non
404)
404)
2
UT to Doby Creek/S6
214
72
3
UT to Doby
001
19
Creek/S5 /W3
4
UT to Doby
001
44
34
001
Creek/S4b /W2
5
6
UT to Mallard Creek
12
001
Total
015
974
147
0 02
Table 2 Summary of Open Water Impacts
Site No
Resource label /name
Permanent Impact Area
(acres)
3
P2
108 drained
5
PI
0 01 fill
The NC DOT proposes to provide compensatory mitigation for unavoidable impacts to
jurisdictional waters of the U S associated with the construction of U 2507 A by payment into
the North Carolina Ecosystem Enhancement Program (NCEEP) in lieu fee for impacts to 0 04
acres of jurisdictional wetlands and 974 linear feet of stream channel with restoration equivalent
of 0 08 acres of wetlands and 1 948 linear feet of stream channel The NC DOT does not propose
compensatory mitigation for 147 linear feet of bank stabilization The NC EEP has agreed to
provide the compensatory mitigation for impacts associated with the construction of TIP U 2507
A by letter dated December 14 2011
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
5

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 401 Oversight
and Express Permits Unit 512 North Salisbury Street in Raleigh North Carolina 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
Mr Brian Wrenn by February 9 2012
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 has determined that registered properties or properties listed as being eligible for inclusion
therein are located within the project area Two properties 1) Hunter Ave Historic District
Determined Eligible (DE) and 2) the McConnell House (DE within the Hunter Ave Historic
District) are located within the proposed project study area The NC DOT FHWA and the State
Historic Preservation Officer (SHPO) signed a Concurrence Form for the Assessment of Effects
on January 7 2008 in agreement that there are no effects on the National Register eligible
properties located within the project s area of potential effect 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 has determined pursuant to the Endangered Species Act of 1973 that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat
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
on

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 9 2012 Comments should be
submitted to Liz Hair Asheville Regulatory Field Office 151 Patton Avenue Room 208
Asheville North Carolina 28801 5006
7

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