20040930 Ver 1_Public Notice_20040528

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DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
Post Office Box 1890
Wilmington, North Carolina 28402-1890 Emif
Action ID No. 200430969 May 28, 2004
PUBLIC NOTICE
The City of Statesville, P.O. Box 1111, Statesville, Iredell County, 28687, has applied for a
Department of the Army (DA) permit TO PLACE FILL MATERIAL WITHIN 1,128 LINEAR
FEET OF JURISDICTIONAL, UNNAMED TRIBUTARIES TO THIRD CREEK, IN ORDER
TO EXTEND RUNWAY 28 AT THE STATESVILLE MUNICIPAL AIRPORT, LOCATED
AT 5805 AIRPORT ROAD, IN STATESVILLE, IREDELL COUNTY, NORTH CAROLINA.
The following description of the work is taken from data provided by the applicant and
from a site inspection performed by a representative of the Corps of Engineers. Plans submitted
with the application show the proposed placement of fill material into 1,128 linear feet of stream
channels associated with the extension of Runway 28 at the Statesville Municipal Airport.
According to the application, the purpose of the proposed work is to provide a safer and more
usable runway to accommodate larger aircraft that will be using the facility as a result of the
Lowes Headquarters relocation to Mooresville, Iredell County, North Carolina.
The proposed work includes the extension of Runway 28 by 1,800 linear feet to the east,
which will involve the relocation of the existing Airport Road. Approximately 796 linear feet of
stream channel will be placed in a culvert as a result of this runway extension. The stream
channel in the proposed "Impact Area 1" was determined to be a perennial, headwater stream
originating from seepage areas in adjacent hillsides. The stream is considered intact with a wide
riparian buffer, stable bed/banks, and the presence of benthic macroinvertebrates. Airport Road
(SR 1379) is currently adjacent to the eastern boundary of Runway 28 and will be relocated
approximately 2000 feet to the east. "Impact Area 2" depicts the road relocation in which
approximately 332 linear feet of stream channel will be piped. This stream channel was also
determined to be a perennial, headwater stream originating from seepage areas in adjacent
hillsides. This stream is also considered intact with a wide riparian buffer, stable bed/banks, and
the presence of benthic macroinvertebrates.
Previously permitted impacts on this site include the placement of pipe in approximately
141 linear feet of an unnamed tributary to Back Creek authorized under Nationwide Permit #39,
which has been labeled "Impact Area 3". The purpose of this work was to construct a localizer
antenna system as required by Federal Aviation Administration (FAA). Other proposed work on
the site includes the construction of a runway safety area (RSA) and relocation of Fleetwood
Road, which will have no impact on jurisdictional wetlands or stream channels. The preliminary
site plan showing all the proposed impacts is included with this public notice.

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The applicant has proposed to compensate for impacts to jurisdictional areas through on-
site mitigation and has proposed using Back Creek and other tributaries present on Airport
property. However, a mitigation plan has not been submitted or reviewed for approval. The
applicant submitted an Environmental Assessment (EA) with the application, which was
subsequently approved by The North Carolina Department of Transportation, Division of
Aviation, State Block Grant Program. A copy of the application and EA is available for review
in the Asheville Regulatory Field Office at151 Patton Avenue, Room 208, Asheville, NC 28801.
The State of North Carolina will review this public notice to determine the need for the
applicant to obtain any required State authorization. No Department of the Army (DA) permit
will be issued until the coordinated State viewpoint on the proposal has been received and
reviewed by this agency, nor will a DA permit be issued until the North Carolina Division of
Water Quality (NCDWQ) has determined the applicability of a Water Quality Certificate as
required by PL 92-500.
This application is being considered pursuant to Section 404 of the Clean Water Act (33
U.S.C. 1344). Any person may request, in writing within the comment period specified in the
notice, that a public hearing be held to consider this application. Requests for public hearing
shall state, with particularity, the reasons for holding a public hearing.
The District Engineer has consulted the latest published version of the National Register of
Historic Places for the presence or absence of registered properties, or properties listed as being
eligible for inclusion therein. Based on the best available evidence and recent correspondence
from the North Carolina Department of Cultural Resources, it has been determined that no sites
within the vicinity of the project are registered or listed as being eligible for inclusion in the
Register. Examination of the National Register of Historic Places constitutes the extent of
cultural resource investigations by the District Engineer, and he is otherwise unaware of the
presence of other such resources. Presently, unknown archeological, scientific, prehistorical, or
historical data may be lost or destroyed by work under the requested permit.
The District Engineer, based on available information, is not aware that the proposed
activity will affect species, or their critical habitat, designated as endangered or threatened
pursuant to the Endangered Species Act of 1973. By copy of this public notice, we are hereby
requesting comments from the U.S. Fish and Wildlife, Asheville Regional Office, regarding the
proposed project's potential impact to federally endangered or threatened species and/or their
potential and critical habitat.
The decision whether to issue a permit will be based on an evaluation of the probable
impacts, including cumulative impacts, of the proposed activity and its intended use on the public
interest. Evaluation of the probable impacts which the proposed activity may have on the public
interest requires a careful weighing of all those factors which become relevant in each particular
case. The benefits which reasonably may be expected to accrue from the proposal must be
balanced against its reasonably foreseeable detriments. The decision whether to authorize a
proposal, and if so the conditions under which it will be allowed to occur, are therefore

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determined by the outcome of the general balancing process. That decision should reflect the
national concern for both protection and utilization of important resources. All factors which
may be relevant to the proposal must be considered including the cumulative effects thereof.
Among those are conservation, economics, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards and flood plain values (in accordance with
Executive Order 11988), land use, navigation, shore 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 placement of dredged or fill materials in waters of the United States,
a permit will be denied if the discharge that would be authorized by such permit would not
comply with the Environmental Protection Agency's 404(b)(1) guidelines. Subject to the
preceding sentence and any other applicable guidelines or criteria, a permit will be granted unless
the District Engineer determines that it would be contrary to the public interest.
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 enviromnental 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.
Generally, the decision whether to issue this Department of the Army (DA) permit
modification will not be made until the North Carolina Division of Water Quality (NCDWQ)
issues, denies, or waives State certification required by Section 401 of the Clean Water Act. The
NCDWQ considers whether or not the proposed activity will comply with Sections 301, 302,
306, and 307 of the Clean Water Act. The application and this public notice for the Department
of the Army (DA) permit serves as application to the NCDWQ for certification.
Additional information regarding the Clean Water Act certification may be reviewed at the
offices of the Wetlands /401 Unit, North Carolina DENR, Division of Water Quality, 2321
Crabtree Boulevard, Raleigh, North Carolina. Copies of such materials will be furnished to any
person requesting copies upon payment of reproduction costs.
All persons desiring to make comments regarding the application for Clean Water Act
certification should do so in writing delivered to the North Carolina Division of Water Quality
(NCDWQ), Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, North Carolina, 27699-
1650, on or before Tuesday, June 21, 2004, Attention: Mr. John Dorney.

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Written comments pertinent to the proposed work, as outlined above, will be received in
this office, Attention: Ms. Amanda Jones, until 4:15 p.m. on Monday, June 28, or telephone
[phone] extension 231.

VICINITY MAP
N.T.S.
Figure 1
Statesville Municipal Airport
5805 Airport Road
Statesville, NC 28687

LOCATION MAP
N.T.S.
Figure 2
Statesville Municipal Airport
5805 Airport Road
Statesville, NC 28687

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