20040271 Ver 3_Other Agency Comments_20050923

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO
Regulatory Division
September 20, 2005
SUBJECT: Action ID 200221534; TIP No. I-2511CB
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1548 Mail Service Center
Raleigh, NC 27699-1548
Dear Dr. Thorpe:
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Reference the Department of the Army permit issued on October 7, 2004, to authorize the
discharge of dredged and fill material into the waters of United States, for construction of
Section CB of the I-85 widening and improvements (T.I.P.No. I-2511CB), impacting Town
Creek and its unnamed tributaries, from north of SR 1002 (Bringle Ferry Road) to north of SR
2120 (Long Ferry Road), east of Spencer, in Rowan County, North Carolina. Reference also
your August 9, 2005, letter requesting modification of the permit to authorize minor design
changes that are proposed for the project including special staging requirements for the
construction of the onsite Town Creek relocation. You also included documentation that a
service road bridge to be constructed over Town Creek will not cause impacts to the stream. The
original permit authorized permanent fill impacts to 9941inear feet of stream channel of Town
Creek, 1,2241inear feet of stream channel of unnamed tributaries of Town Creek, 0.051-acre of
riverine wetlands, and 0.47-acre non-riverine wetlands adjacent to Town Creek. The design
modification as defined by the plans included with your request would result in an overall
decrease of 158 linear feet of permanent stream channel impacts and 0.002 acre of riverine
wetland impacts.
We have reviewed your proposal and have determined that the proposed construction
modification that would result in reduction of impacts to waters of the United States are minor,
and an additional public notice is not necessary. Therefore, the permit is hereby modified to
authorize the construction modification as shown in the attached drawing. No additional
mitigation will be required for this modification.
It is understood that all other conditions of the permit, including the expiration date, remain
applicable. Please note that the current permit expiration date is December 31, 2008.

If you have questions, please contact John Thomas of the Raleigh Regulatory Field
Office, at telephone [phone], extension 25.
Sincerely,
John E. Pulliam, Jr.
Colonel, U.S. Army
District Engineer
Enclosure
Copies Furnished (without enclosure):
Federal Highway Administration
310 New Bern Ave., Rm. 410
Raleigh, North Carolina 27601-1442
Mr. John Hennessy
Division of Water Quality
North Carolina Department of
Environment and
Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650