20040271 Ver 5_Other Agency Comments_20071130

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO November 29, 2007
Regulatory Division
Action ID. 200021534
Gregory J. Thorpe, Ph.D.
Environmental Management Director, PDEA
N.C. Department of Transportation
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Dr. Thorpe:
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Reference the Department of the Army permit issued on October 7, 2004, to authorize the
discharge of fill materials into waters of the United States, for construction of Section CB of the
I-85 widening and improvements (T.I.P. NO. I-2511 CB), 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 written
request of October 22, 2007, for a permit modification to authorize a change in construction at
Permit Site 1 on the west side of I-85 where a headwall was previously permitted. Recent
discovery of solid rock at the site would require substantial blasting of bedrock in the stream bed
in order to provide a large enough footing for the headwall. Your referenced modification
proposes to eliminate the headwall from the construction plans and extend the existing 30-inch
reinforced concrete pipe (RCP) an additional 13 feet. The revised construction method as
defined in the attached provided plans will add an additional 13 linear feet of permanent impact
to the jurisdictional stream channel of Town Creek, but will minimize disturbance to the stream
bed associated with blasting and also shorten the construction time.
We have determined that the proposed change in construction method would result in only
minimal additional impacts to the jurisdictional waters of Town Creek, and therefore a
supplemental public notice is not necessary. The permit is hereby modified to include the
referenced changes as defined in the attached provided plans. It is understood that all other
conditions of the original permit and previous modifications remain applicable, including the
permit expiration date of December 31, 2008.

If you have questions, please contact John Thomas of the Raleigh Regulatory Field Office,
at telephone [phone], extension 25.
Sincerely,
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~ John E. Pulliam, Jr.
`~ Colonel, U.S. Army
District Commander
Copy Furnished:
Mr. Brian Wrenn
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, NC 27699-1650