20020053 Ver 1_Complete File_20020111

F W A TF Michael F. Easley, Governor
\0t0 9QG William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
1 r-
? ?r
DWQ Project No.: 07-00T3 MOD County: W 042 ..
Applicant: /JC'no C. t-Agrr!t--
Project Name: S¢. itzo (l"1 s -cf., !?R /) t A -F. 50- U?7 1 ? UA-kt Ct,Z.
Date of Issuance of 401 Water Quality Certification: $ r7 / 0 Z
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401/Wetlands Unit, North
Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC, 27699-1621. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to
send certificates from all of these.
Applicant's Certification
I, T.v G. N4nte , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 40 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and otSig
nature: Date:
Agent's Certificati n
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature:
Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project,for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
lkf?WA
4 • 2
Aomftft
Michael F. Easley, Governor NCDENR
William G. ROSS, Jr., Secretary NORTH CAROLINA DEPARTMENT OF
Gregory J. Thorpe, Ph.D., Acting Director ENVIRONMENT AND NATURAL RESOURCES
DWQ Project No.: OZ00/JS3 County: Walk
Applicant: /1/0-2?L C- /6, rue, X T
Project Name:
W s AO S1e//,
Date of Issuance of 401 Water Quality Certification:
o?i
?ua`7
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401/Wetlands Unit, North Carolina Division of Water Quality, 1621 Mail Service Center, Raleigh, NC,
27699-1621. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, JoN a. ,?ace hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial complian an . tent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and spec catio er supporting materials.
Signature: Lzy-;? L"` Date:
Agent's Certificatio
I, , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be built
within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature:
Engineer's Certification
Partial Final

Date:
I, , as a duly registered Professional Engineer in the State
of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of
the project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature
Date
Registration No.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/l0% post consumer paper
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 7, 2002
Wake County
DWQ Project No. 020053
APPROVAL OF 401Water Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer
Rules
Mr. J.G. Nance, P.E., Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in
104 linear feet of streams for the purpose of performing secondary road improvements to SR 1120 (Mims Road)
from SR 1119 to SR 1121 in Wake County. The project shall be constructed in accordance with your application
dated January 10, 2002, and as modified by your application dated May 30, 2002. This certification supercedes the
original 401 Water Quality Certification issued on January 28, 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3375. This certification corresponds
to the Nationwide Permit 14 issued by the Corps of Engineers. This approval is also valid for the Neuse River
buffer rules (15A NCAC 213 .233). In addition, you should acquire any other federal, state or local permits before
you proceed with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and
Water Supply Watershed regulations. This approval will expire when the accompanying 404 permit expires unless
otherwise specified in the General Certification.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the DWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 211.0506 (h) (6) and (7). ). This approval shall expire with the corresponding Nationwide
Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow
the conditions listed in the attached certification and any additional conditions listed below.
1. Stormwater shall be directed to sheetflow at nonerosive velocities through the protected stream buffers.
2. Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. The
responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the Division of
Water Quality upon completion of the project.
NCIM
N. C. Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 [phone]
Customer Service: 1 800 623-7748
014 0 W A jLC9pG Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
6 r Alan W. Klimek, P.E. Director
o ?
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must
act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which
conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O.
Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for
a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact John Hennessy at 919-733-5694 or Steve Mitchell at 919-571-4700.
Sincerely,
/P, Alan W. Klimek, P.E.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
c:\ncdot\SR 1120\wqc\020053wgc.doc
e..a5lfwtEo AE`' ? b
WA WET ?Al1?
SECTt
STATE of NORTH CAROLINA ?M
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GovERNOR May 29, 2002 SECRETARY
N.C. Dept. of Environment and Natural Resources-Division of Water Quality
2321 Crabtree Blvd.
Raleigh, NC 27604-2260 PAYMENT
Attention: Mr. John Domey RECEIVED
Coordinator
Subject: Permit Modification Request for revised structure design--Secondary road
improvements to SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake
County. NCDOT Work Order No. 6.402136T. DWQ Project No. 020053.
Reference: 1. NCDOT Permit Application to regulatory agencies (January 10, 2002)
2. Approval of NCDENR-DWQ 401 Water Quality Certification (January 28,
2002). DWQ Project No. 020053.
3. NCDOT Permit Modification Request (May 29, 2002)
The North Carolina Department of Transportation (NCDOT) proposes to upgrade and pave SR
1120 (Mims Road) from SR 1119 to SR 1121 in Wake County. The NCDOT permit application was
initially submitted to the United States Army Corps of Engineers and copied to the North Carolina
Department of Environment, Health and Natural Resources-Division of Water Quality (NCDENR-DWQ)
on January 10, 2002. The NCDENR-DWQ issued 401 Water Quality Certification No. 3289 (DWQ
Project No. 020053) for this project on January 28, 2002. Application is made for the modification of the
North Carolina Department of Environment and Natural Resources-Division of Water Quality (DWQ)
Section 401 Water Quality Certification (WQC) No. 3289 that was issued on January 28, 2002 (Permit
Modification Request, NCDOT, May 29, 2002)
An automated payment procedure has recently been implemented between the NCDOT
and NCDWQ. This procedure will enable the Division to apply for the 401 WQC without
submitting a check for this permit application. This new procedure will provide payment to the
NCDWQ by charging the permit application fee directly to the appropriate NCDOT work order.
The NCDOT work order for this project is 6.402136T. Project impacts are less than one
acre of cumulative wetland/water impacts and less than 150 linear feet cumulative impacts to
streams; therefore, please note that a fee of $200.00 is required for this project. If you have any
questions or need additional information, please contact me at [phone].
Sincerely,
ac?1
Christopher A. Murray, P.W.S.
Environmental Officer
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
N.R. DEPARTMENT OF TRANSPORTATION

TRANSMITTAL SLIP DATE

TO:
? co REF. NO. OR ROOM, BLDG.
FROM ` ,. REF. NO. OR ROOM, BLDG.
rr
AC O
? 'NOTE AND FILE ? PER OUR CONVERSATION
?-NOTE AND RETURN TO. ME ? PER YOUR REQUEST
? RETURN WITH MORE DETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION.
? PLEASE ANSWER ? FOR YOUR, COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? SIGNATURE
?: TAKE APPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:
p 2? ?3
'6?.:..'
STATE of NORTH CAROLINA
MAY
3 0 4VO2
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GovERNoR
May 29, 2002
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
Subject: Permit Modification Request for revised structure design--Secondary
road improvements to SR 1120 (Mims Road) from SR 1119 to SR 1121 in
Wake County. NCDOT Work Order No. 6.402136T. DWQ Project
No. 020053.
Reference: 1. NCDOT Permit Application to regulatory agencies (January 10, 2002)
2. Approval of NCDENR-DWQ 401 Water Quality Certification (January
28, 2002). DWQ Project No. 020053.
Project History
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County (Figures 1
and 2). The NCDOT permit application was initially submitted to the United States
Army Corps of Engineers and copied to the North Carolina Department of Environment,
Health and Natural Resources-Division of Water Quality (NCDENR-DWQ) on January
10, 2002. The NCDENR-DWQ issued 401 Water Quality Certification No. 3289 (DWQ
Project No. 020053) for this project on January 28, 2002. The NCDOT requests a permit
modification for revised structure design.
Impacts to Waters of the United States
The permit application outlined impacts to waters of the United States in the
CapeFear River Basin at Site 1. The project crosses an unnamed perennial tributary to
Buckhorn Creek (DWQ Index No. 18-7-(2), Best Usage Classification B). The existing
structure that conveys the creek is a 30-inch concrete pipe that is 28 feet long. In the
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
<? ?« 2
\ t' ?
initial, permit application, the NCDOT had proposed to replace this structure with a 42-
inch corrugated metal pipe that is 60 feet long. Permanent impacts at the site associated
with the replacement of the structure and minimal amounts of rip rap to protect the
structure include <0.01 acre fill in surface water and 52 linear feet existing channel
impacted.
The NCDOT_now proposes that the replacement structure at the stream crossing is
a 60 inch x 46 inch corrugated metal pipe arch that is 60 feet long. An additional 60 inch
x 46 inch corrugated metal pipe arch that is 60 feet long will be placed approximately 4
feet from the above-mentioned pipe (and out of the flow line of the UT to Buckhorn
Creek) which will serve as a _floodvlain wive (Revised Figure 3, Figure 4. Figure 5 and
Fi ure 6 . Permanent impacts at the site associated with the replacement of the structure
and minimal amounts of rip rap to protect the structure have not changed from the initial
permit application and remain <0.01 acre fill in surface water and 52 linear feet existing
channel impacted.
The decision to place these structures at the site is based on a NCDOT re-
evaluation of the peak discharge for the structure design (which is based on the latest
USGS Regression Equations for the 25 year storm). The results indicate that a larger
pipe size is necessary to convey the peak discharge. The discharge is based on potential
residential development on this rural road in the near future, which increases it compared
to the current discharge. The proposed structures are designed to handle this peak
discharge such that the headwater elevation will not overtop the road. The difference in
elevation between the stream bed and the existing centerline elevation does not allow
room necessary to fit the necessary single line and achieve adequate cover. Therefore,
two structures will be placed at this site (please note that only one structure will be placed
in the existing stream channel of the UT to Buckhorn Creek and the other structure will
be placed in the floodplain).
Dewatering
The NCDOT proposes to temporarily dewater the perennial stream at Site 1
during the construction of the project. This will involve the temporary placement of
sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel
approximately 10 feet upstream of the proposed pipe inlet and approximately 10 feet
downstream of the proposed pipe outlet (Revised Figure 3). To maintain water flow
during construction, water upstream of this impervious structure will be temporarily
pumped out and conveyed downstream of the construction activity. The stream will be
dewatered two days. This will result in temporary impacts to the surface water.
Temporary impacts to the stream from this activity have not changed from the initial
permit application and will result in the dewatering of <0.01 ac of stream bed and 52
linear feet stream channel. The sandbags or rip rap covered with filter fabric will be
removed after construction.
Summary
NCDOT proposes to upgrade and pave SR 1120 in Wake County. Permanent
impacts at Site 1 include <0.01 acre fill in surface water and 52 linear feet existing
channel impacted. Temporary impacts to the stream at Site 1 will result in the dewatering
of <0.01 ac of stream bed and 52 linear feet stream channel. Direct impacts to waters of
the United States have not changed as a result of this permit modification request.
The NCDOT requests a permit modification for this project for revised structure
design. The NCDOT will comply with all applicable NWP and WQC conditions. If you
have any questions or need additional information, please contact me at [phone].
Sincerely,
/Ic
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Brandon Jones, NCDOT District Engineer, Raleigh
Mr. Adam Stephenson, NCDOT Assistant County Maintenance Engineer, Raleigh
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Wake County
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GovERNoR
May 29, 2002
U.S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
Subject: Permit Modification Request for revised structure design--Secondary
road improvements to SR 1120 (Mims Road) from SR 1119 to SR 1121 in
Wake County. NCDOT Work Order No. 6.402136T. DWQ Project
No. 020053.
Reference: 1. NCDOT Permit Application to regulatory agencies (January 10, 2002)
2. Approval of NCDENR-DWQ 401 Water Quality Certification (January
28, 2002). DWQ Project No. 020053.
Project History
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County (Figures 1
and 2). The NCDOT permit application was initially submitted to the United States
Army Corps of Engineers and copied to the North Carolina Department of Environment,
Health and Natural Resources-Division of Water Quality (NCDENR-DWQ) on January
10, 2002. The NCDENR-DWQ issued 401 Water Quality Certification No. 3289 (DWQ
Project No. 020053) for this project on January 28, 2002. The NCDOT requests a permit
modification for revised structure design.
Impacts to Waters of the United States
The permit application outlined impacts to waters of the United States in the
CapeFear River Basin at Site 1. The project crosses an unnamed perennial tributary to
Buckhorn Creek (DWQ Index No. 18-7-(2), Best Usage Classification B). The existing
structure that conveys the creek is a 30-inch concrete pipe that is 28 feet long. In the
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
2 ?? . •. 4
initial permif application, the NCDOT had proposed to replace this structure with a 42-
inch corrugated metal pipe that is 60 feet long. Permanent impacts at the site associated
with the replacement of the structure and minimal amounts of rip rap to protect the
structure include <0.01 acre fill in surface water and 52 linear feet existing channel
impacted.
The NCDOT now proposes that the replacement structure at the stream crossing is
a 60 inch x 46 inch corrugated metal pipe arch that is 60 feet long. An additional 60 inch
x 46 inch corrugated metal pipe arch that is 60 feet long will be placed approximately 4
feet from the above-mentioned pipe (and out of the flow line of the UT to Buckhorn
Creek) which will serve as a floodplain pipe (Revised Figure 3 Figure 4 Figure 5 and
Figure 0. Permanent impacts at the site associated with the replacement of the structure
and minimal amounts of rip rap to protect the structure have not changed from the initial
permit application and remain <0.01 acre fill in surface water and 52 linear feet existing
channel impacted.
The decision to place these structures at the site is based on a NCDOT re-
evaluation of the peak discharge for the structure design (which is based on the latest
USGS Regression Equations for the 25 year storm). The results indicate that a larger
pipe size is necessary to convey the peak discharge. The discharge is based on potential
residential development on this rural road in the near future, which increases it compared
to the current discharge. The proposed structures are designed to handle this peak
discharge such that the headwater elevation will not overtop the road. The difference in
elevation between the stream bed and the existing centerline elevation does not allow
room necessary to fit the necessary single line and achieve adequate cover. Therefore,
two structures will be placed at this site (please note that only one structure will be placed
in the existing stream channel of the UT to Buckhorn Creek and the other structure will
be placed in the floodplain).
Dewatering
The NCDOT proposes to temporarily dewater the perennial stream at Site 1
during the construction of the project. This will involve the temporary placement of
sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel
approximately 10 feet upstream of the proposed pipe inlet and approximately 10 feet
downstream of the proposed pipe outlet (Revised Figure 3). To maintain water flow
during construction, water upstream of this impervious structure will be temporarily
pumped out and conveyed downstream of the construction activity. The stream will be
dewatered two days. This will result in temporary impacts to the surface water.
Temporary impacts to the stream from this activity have not changed from the initial
permit application and will result in the dewatering of <0.01 ac of stream bed and 52
linear feet stream channel. The sandbags or rip rap covered with filter fabric will be
removed after construction.
Summary
NCDOT proposes to upgrade and pave SR 1120 in Wake County. Permanent
impacts at Site 1 include <0.01 acre fill in surface water and 52 linear feet existing
channel impacted. Temporary impacts to the stream at Site 1 will result in the dewatering
of <0.01 ac of stream bed and 52 linear feet stream channel. Direct impacts to waters of
the United States have not changed as a result of this permit modification request.
The NCDOT requests a permit modification for this project for revised structure
design. The NCDOT will comply with all applicable NWP and WQC conditions. If you
have any questions or need additional information, please contact me at [phone].
Sincerely,
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Brandon Jones, NCDOT District Engineer, Raleigh
Mr. Adam Stephenson, NCDOT Assistant County Maintenance Engineer, Raleigh
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GovERNoR
May 29, 2002
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
i
MAY 3 0 aX2
wArwR uLl arour
CT10N
LYNDO TIPPETT
SECRETARY
Subject: Permit Modification Request for revised structure design--Secondary
road improvements to SR 1120 (Mims Road) from SR 1119 to SR 1121 in
Wake County. NCDOT Work Order No. 6.402136T. DWQ Project
No. 020053.
Reference: 1. NCDOT Permit Application to regulatory agencies (January 10, 2002)
2. Approval of NCDENR-DWQ 401 Water Quality Certification (January
28, 2002). DWQ Project No. 020053.
Project History
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County (Figures 1
and 2). The NCDOT permit application was initially submitted to the United States
Army Corps of Engineers and copied to the North Carolina Department of Environment,
Health and Natural Resources-Division of Water Quality (NCDENR-DWQ) on January
10, 2002. The NCDENR-DWQ issued 401 Water Quality Certification No. 3289 (DWQ
Project No. 020053) for this project on January 28, 2002. The NCDOT requests a permit
modification for revised structure design.
Impacts to Waters of the United States
The permit application outlined impacts to waters of the United States in the
CapeFear River Basin at Site 1. The project crosses an unnamed perennial tributary to
Buckhom Creek (DWQ Index No. 18-7-(2), Best Usage Classification B). The existing
structure that conveys the creek is a 30-inch concrete pipe that is 28 feet long. In the
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
2
initial permit application, the NCDOT had proposed to replace this structure with a 42-
.0ddIrc6 tigated metal pipe that is 60 feet long. Permanent impacts at the site associated
with the replacement of the structure and minimal amounts of rip rap to protect the
,:- tr?ucttue include <0.01 acre fill in surface water and 52 linear feet existing channel
iYipaeted.
The NCDOT now proposes that the replacement structure at the stream crossing is
a 60 inch x 46 inch corrugated metal pipe arch that is 60 feet long. An additional 60 inch
x 46 inch corrugated metal pine arch that is 60 feet long will be placed approximately 4
feet from the above-mentioned pipe (and out of the flow line of the UT to Buckhorn
Creek) which will serve as a floodplain pine (Revised Figure 3. Fiore 4. Figure 5 and
Figure b l. Permanent impacts at the site associated with the replacement of the structure
and minimal amounts of rip rap to protect the structure have not changed from the initial
permit application and remain <0.01 acre fill in surface water and 52 linear feet existing
channel impacted.
The decision to place these structures at the site is based on a NCDOT re-
evaluation of the peak discharge for the structure design (which is based on the latest
USGS Regression Equations for the 25 year storm). The results indicate that a larger
pipe size is necessary to convey the peak discharge. The discharge is based on potential
residential development on this rural road in the near future, which increases it compared
to the current discharge. The proposed structures are designed to handle this peak
discharge such that the headwater elevation will not overtop the road. The difference in
elevation between the stream bed and the existing centerline elevation does not allow
room necessary to fit the necessary single line and achieve adequate cover. Therefore,
two structures will be placed at this site (please note that only one structure will be placed
in the existing stream channel of the UT to Buckhorn Creek and the other structure will
be placed in the floodplain).
Dewatering
The NCDOT proposes to temporarily dewater the perennial stream at Site 1
during the construction of the project. This will involve the temporary placement of
sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel
approximately 10 feet upstream of the proposed pipe inlet and approximately 10 feet
downstream of the proposed pipe outlet (Revised Figure 3). To maintain water flow
during construction, water upstream of this impervious structure will be temporarily
pumped out and conveyed downstream of the construction activity. The stream will be
dewatered two days. This will result in temporary impacts to the surface water.
Temporary impacts to the stream from this activity have not changed from the initial
permit application and will result in the dewatering of <0.01 ac of stream bed and 52
linear feet stream channel. The sandbags or rip rap covered with filter fabric will be
removed after construction.
Summary
NCDOT proposes to upgrade and pave SR 1120 in Wake County. Permanent
impacts at Site 1 include <0.01 acre fill in surface water and 52 linear feet existing
channel impacted. Temporary impacts to the stream at Site 1 will result in the dewatering
of <0.01 ac of stream bed and 52 linear feet stream channel. Direct impacts to waters of
the United States have not changed as a result of this permit modification request.
The NCDOT requests a permit modification for this project for revised structure
design. The NCDOT will comply with all applicable NWP and WQC conditions. If you
have any questions or need additional information, please contact me at [phone].
Sincerely,
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Brandon Jones, NCDOT District Engineer, Raleigh
Mr. Adam Stephenson, NCDOT Assistant County Maintenance Engineer, Raleigh
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Wake County
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Site 1-Stream Plan View and
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SR 1120 Mims Road
Wake County
Figure 5
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GovERNoR
May 29, 2002
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
0 2002
i sro?
i ty p
y'
V?uIt11Rf
LYNDO TIPPETT
SECRETARY
Subject: Permit Modification Request for revised structure design--Secondary
road improvements to SR 1120 (Mims Road) from SR 1119 to SR 1121 in
Wake County. NCDOT Work Order No. 6.402136T. DWQ Project
No. 020053.
Reference: 1. NCDOT Permit Application to regulatory agencies (January 10, 2002)
2. Approval of NCDENR-DWQ 401 Water Quality Certification (January
28, 2002). DWQ Project No. 020053.
Project History
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County (Figures 1
and 2). The NCDOT permit application was initially submitted to the United States
Army Corps of Engineers and copied to the North Carolina Department of Environment,
Health and Natural Resources-Division of Water Quality (NCDENR-DWQ) on January
10, 2002. The NCDENR-DWQ issued 401 Water Quality Certification No. 3289 (DWQ
Project No. 020053) for this project on January 28, 2002. The NCDOT requests a permit
modification for revised structure design.
Impacts to Waters of the United States
The permit application outlined impacts to waters of the United States in the
CapeFear River Basin at Site 1. The project crosses an unnamed perennial tributary to
Buckhorn Creek (DWQ Index No. 18-7-(2), Best Usage Classification B). The existing
structure that conveys the creek is a 30-inch concrete pipe that is 28 feet long. In the
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

initial permit application, the NCDOT had proposed to replace this structure with a 42-
inch corrugated metal pipe that is 60 feet long. Permanent impacts at the site associated
with the replacement of the structure and minimal amounts of rip rap to protect the
structure include <0.01 acre fill in surface water and 52 linear feet existing channel
impacted.
The NCDOT now proposes that the replacement structure at the stream crossing is
a 60 inch x 46 inch corrugated metal pipe arch that is 60 feet long. An additional 60 inch
x 46 inch corrugated metal nine arch that is 60 feet long will be placed approximately 4
feet from the above-mentioned pipe (and out of the flow line of the UT to Buckhorn
Creek) which will serve as a floodplain pine (Revised Figure 3 Figure 4 Figure 5 d
an
Figure R. Permanent impacts at the site associated with the replacement of the structure
and minimal amounts of rip rap to protect the structure have not changed from the initial
permit application and remain <0.01 acre fill in surface water and 52 linear feet existing
channel impacted.
The decision to place these structures at the site is based on a NCDOT re-
evaluation of the peak discharge for the structure design (which is based on the latest
USGS Regression Equations for the 25 year storm). The results indicate that a larger
pipe size is necessary to convey the peak discharge. The discharge is based on potential
residential development on this rural road in the near future, which increases it compared
to the current discharge. The proposed structures are designed to handle this peak
discharge such that the headwater elevation will not overtop the road. The difference in
elevation between the stream bed and the existing centerline elevation does not allow
room necessary to fit the necessary single line and achieve adequate cover. Therefore,
two structures will be placed at this site (please note that only one structure will be placed
in the existing stream channel of the UT to Buckhorn Creek and the other structure will
be placed in the floodplain).
Dewatering
The NCDOT proposes to temporarily dewater the perennial stream at Site 1
during the construction of the project. This will involve the temporary placement of
sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel
approximately 10 feet upstream of the proposed pipe inlet and approximately 10 feet
downstream of the proposed pipe outlet (Revised Figure 3). To maintain water flow
during construction, water upstream of this impervious structure will be temporarily
pumped out and conveyed downstream of the construction activity. The stream will be
dewatered two days. This will result in temporary impacts to the surface water.
Temporary impacts to the stream from this activity have not changed from the initial
permit application and will result in the dewatering of <0.01 ac of stream bed and 52
linear feet stream channel. The sandbags or rip rap covered with filter fabric will be
removed after construction.
Summary
NCDOT proposes to upgrade and pave SR 1120 in Wake County. Permanent
impacts at Site 1 include <0.01 acre fill in surface water and 52 linear feet existing
channel impacted. Temporary impacts to the stream at Site 1 will result in the dewatering
of <0.01 ac of stream bed and 52 linear feet stream channel. Direct impacts to waters of
the United States have not changed as a result of this permit modification request.
The NCDOT requests a permit modification for this project for revised structure
design. The NCDOT will comply with all applicable NWP and WQC conditions. If you
have any questions or need additional information, please contact me at [phone].
Sincerely,
6b. - -6-
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Brandon Jones, NCDOT District Engineer, Raleigh
Mr. Adam Stephenson, NCDOT Assistant County Maintenance Engineer, Raleigh
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SR 1120 Mims Road
Wake County
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195.55
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188.20'
DIFF. FROM INV. IN AND EDGE OF ROAD = 3 FT.
Site 1-Stream Plan View and
Stream Cross-Sectional View
SR 1120 Mims Road
Wake County
Figure 5
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STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
May 29, 2002
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator

3
0 2042 1
hJ?r{.4 SUP
`?CTioN
LYNDO TIPPETT
SECRETARY
Subject: Permit Modification Request for revised structure design--Secondary
road improvements to SR 1120 (Mims Road) from SR 1119 to SR 1121 in
Wake County. NCDOT Work Order No. 6.402136T. DWQ Project
No. 020053.
Reference: 1. NCDOT Permit Application to regulatory agencies (January 10, 2002)
2. Approval of NCDENR-DWQ 401 Water Quality Certification (January
28, 2002). DWQ Project No. 020053.
Project History
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County (Figures 1
and 2). The NCDOT permit application was initially submitted to the United States
Army Corps of Engineers and copied to the North Carolina Department of Environment,
Health and Natural Resources-Division of Water Quality (NCDENR-DWQ) on January
10, 2002. The NCDENR-DWQ issued 401 Water Quality Certification No. 3289 (DWQ
Project No. 020053) for this project on January 28, 2002. The NCDOT requests a permit
modification for revised structure design.
Impacts to Waters of the United States
The permit application outlined impacts to waters of the United States in the
CapeFear River Basin at Site 1. The project crosses an unnamed perennial tributary to
Buckhorn Creek (DWQ Index No. 18-7-(2), Best Usage Classification B). The existing
structure that conveys the creek is a 30-inch concrete pipe that is 28 feet long. In the
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
. 2
initial permit application, the NCDOT had proposed to replace this structure with a'42-
inch corrugated metal pipe that is 60 feet long. Permanent impacts at the site associated
with the replacement of the structure and minimal amounts of rip rap to protect the
:structure include <0.01 acre fill in surface water and 52 linear feet existing channel
impacted.
The NCDOT now proposes that the replacement structure at the stream crossing is
a 60 inch x 46 inch corrugated metal pipe arch that is 60 feet long. An additional 60 inch
x 46 inch corrugated metal pipe arch that is 60 feet long will be placed approximately 4
feet from the above-mentioned pipe (and out of the flow line of the UT to Buckhorn
Creek) which will serve as a floodWain pipe (Revised Figure 3. Figure 4. Figure 5 and
Figure b l. Permanent impacts at the site associated with the replacement of the structure
and minimal amounts of rip rap to protect the structure have not changed from the initial
permit application and remain <0.01 acre fill in surface water and 52 linear feet existing
channel impacted.
The decision to place these structures at the site is based on a NCDOT re-
evaluation_ of the peak discharge for the structure design (which is based on the latest
USGS Regression Equations for the 25 year storm). The results indicate that a larger
pipe size is necessary to convey the peak discharge. The discharge is based on potential
residential development on this rural road in the near future, which increases it compared
to the current discharge. The proposed structures are designed to handle this peak
discharge such that the headwater elevation will not overtop the road. The difference in
elevation between the stream bed and the existing centerline elevation does not allow
room necessary to fit the necessary single line and achieve adequate cover. Therefore,
two structures will be placed at this site (please note that only one structure will be placed
in the existing stream channel of the UT to Buckhom Creek and the other structure will
be placed in the floodplain).
Dewatering
The NCDOT proposes to temporarily dewater the perennial stream at Site 1
during the construction of the project. This will involve the temporary placement of
sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel
approximately 10 feet upstream of the proposed pipe inlet and approximately 10 feet
downstream of the proposed pipe outlet (Revised Figure 3). To maintain water flow
during construction, water upstream of this impervious structure will be temporarily
pumped out and conveyed downstream of the construction activity. The stream will be
dewatered two days. This will result in temporary impacts to the surface water.
Temporary impacts to the stream from this activity have not changed from the initial
permit application and will result in the dewatering of <0.01 ac of stream bed and 52
linear feet stream channel. The sandbags or rip rap covered with filter fabric will be
removed after construction.
Summary
NCDOT proposes to upgrade and pave SR 1120 in Wake County. Permanent
impacts at Site 1 include <0.01 acre fill in surface water and 52 linear feet existing
channel impacted. Temporary impacts to the stream at Site 1 will result in the dewatering
of <0.01 ac of stream bed and 52 linear feet stream channel. Direct impacts to waters of
the United States have not changed as a result of this permit modification request.
The NCDOT requests a permit modification for this project for revised structure
design. The NCDOT will comply with all applicable NWP and WQC conditions. If you
have any questions or need additional information, please contact me at [phone].
Sincerely,
11 r
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Brandon Jones, NCDOT District Engineer, Raleigh
Mr. Adam Stephenson, NCDOT Assistant County Maintenance Engineer, Raleigh
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MAY 3 0 2002
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
May 29, 2002
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
Subject: Permit Modification Request for revised structure design--Secondary
road improvements to SR 1120 (Mims Road) from SR 1119 to SR 1121 in
Wake County. NCDOT Work Order No. 6.402136T. DWQ Project
No. 020053.
Reference: 1. NCDOT Permit Application to regulatory agencies (January 10, 2002)
2. Approval of NCDENR-DWQ 401 Water Quality Certification (January
28, 2002). DWQ Project No. 020053.
Project History
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County (Figures 1
and 2). The NCDOT permit application was initially submitted to the United States
Army Corps of Engineers and copied to the North Carolina Department of Environment,
Health and Natural Resources-Division of Water Quality (NCDENR-DWQ) on January
10, 2002. The NCDENR-DWQ issued 401 Water Quality Certification No. 3289 (DWQ
Project No. 020053) for this project on January 28, 2002. The NCDOT requests a permit
modification for revised structure design.
Impacts to Waters of the United States
The permit application outlined impacts to waters of the United States in the
CapeFear River Basin at Site 1. The project crosses an unnamed perennial tributary to
Buckhorn Creek (DWQ Index No. 18-7-(2), Best Usage Classification B). The existing
structure that conveys the creek is a 30-inch concrete pipe that is 28 feet long. In the
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
??sf
2
:E initial permit application, the NCDOT had proposed to replace this structure with a 42-
inch corrugated metal pipe that is 60 feet long. Permanent impacts at the site associated
e ;replacement of the structure and minimal amounts of rip rap to protect the
?Zle
include <0.01 acre fill in surface water and 52 linear feet existing channel
impacted.
The NCDOT now proposes that the replacement structure at the stream crossing is
a 60 inch x 46 inch corrugated metal pipe arch that is 60 feet long An additional 60 inch
x 46 inch corrugated metal pie arch that is 60 feet long will be placed approximately 4
feet from the above-mentioned pipe (and out of the flow line of the UT to Buckhorn
Creek) which will serve as a floodplain pipe f Revised Figure 3. Figure 4. Figure 5 and
Figure 61. Permanent impacts at the site associated with the replacement of the structure
and minimal amounts of rip rap to protect the structure have not changed from the initial
permit application and remain <0.01 acre fill in surface water and 52 linear feet existing
channel impacted.
The decision to place these structures at the site is based on a NCDOT re-
evaluation of the peak discharge for the structure design (which is based on the latest
USGS Regression Equations for the 25 year storm). The results indicate that a larger
pipe size is necessary to convey the peak discharge. The discharge is based on potential
residential development on this rural road in the near future, which increases it compared
to the current discharge. The proposed structures are designed to handle this peak
discharge such that the headwater elevation will not overtop the road. The difference in
elevation between the stream bed and the existing centerline elevation does not allow
room necessary to fit the necessary single line and achieve adequate cover. Therefore,
two structures will be placed at this site (please note that only one structure will be placed
in the existing stream channel of the UT to Buckhom Creek and the other structure will
be placed in the floodplain).
Dewatering
The NCDOT proposes to temporarily dewater the perennial stream at Site 1
during the construction of the project. This will involve the temporary placement of
sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel
approximately 10 feet upstream of the proposed pipe inlet and approximately 10 feet
downstream of the proposed pipe outlet (Revised Figure 3). To maintain water flow
during construction, water upstream of this impervious structure will be temporarily
pumped out and conveyed downstream of the construction activity. The stream will be
dewatered two days. This will result in temporary impacts to the surface water.
Temporary impacts to the stream from this activity have not changed from the initial
permit application and will result in the dewatering of <0.01 ac of stream bed and 52
linear feet stream channel. The sandbags or rip rap covered with filter fabric will be
removed after construction.
Summary
NCDOT proposes to upgrade and pave SR 1120 in Wake County. Permanent
impacts at Site 1 include <0.01 acre fill in surface water and 52 linear feet existing
channel impacted. Temporary impacts to the stream at Site 1 will result in the dewatering
of <0.01 ac of stream bed and 52 linear feet stream channel. Direct impacts to waters of
the United States have not changed as a result of this permit modification request.
The NCDOT requests a permit modification for this project for revised structure
design. The NCDOT will comply with all applicable NWP and WQC conditions. If you
have any questions or need additional information, please contact me at [phone].
Sincerely,
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Brandon Jones, NCDOT District Engineer, Raleigh
Mr. Adam Stephenson, NCDOT Assistant County Maintenance Engineer, Raleigh

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CROSS -SECTIONAL VIEW
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DIFF. FROM INV. IN AND EDGE OF ROAD = 3 FT.
Site 1-Stream Plan View and
Stream Cross-Sectional View
SR 1120 Mims Road
Wake County
Figure 5
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MAY 3 0 2002
WETLANDS GROUP
YS'H°i't,?.?iU??llT'Y SECTBOR
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
May 29, 2002
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
Subject: Permit Modification Request for revised structure design--Secondary
road improvements to SR 1120 (Mims Road) from SR 1119 to SR 1121 in
Wake County. NCDOT Work Order No. 6.402136T. DWQ Project
No. 020053.
Reference: 1. NCDOT Permit Application to regulatory agencies (January 10, 2002)
2. Approval of NCDENR-DWQ 401 Water Quality Certification (January
28, 2002). DWQ Project No. 020053.
Project History
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County (Figures 1
and 2). The NCDOT permit application was initially submitted to the United States
Army Corps of Engineers and copied to the North Carolina Department of Environment,
Health and Natural Resources-Division of Water Quality (NCDENR-DWQ) on January
10, 2002. The NCDENR-DWQ issued 401 Water Quality Certification No. 3289 (DWQ
Project No. 020053) for this project on January 28, 2002. The NCDOT requests a permit
modification for revised structure design.
Impacts to Waters of the United States
The permit application outlined impacts to waters of the United States in the
CapeFear River Basin at Site 1. The project crosses an unnamed perennial tributary to
Buckhorn Creek (DWQ Index No. 18-7-(2), Best Usage Classification B). The existing
structure that conveys the creek is a 30-inch concrete pipe that is 28 feet long. In the
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

initial permit application, the NCDOT had proposed to replace this structure with a 42-
inch corrugated metal pipe that is 60 feet long. Permanent impacts at the site associated
with the replacement of the structure and minimal amounts of rip rap to protect the
structure include <0.01 acre fill in surface water and 52 linear feet existing channel
impacted.
The NCDOT now proposes that the replacement structure at the stream crossing
a 60 inch x 46 inch corrugated metal pipe arch that is 60 feet long An additional 60 inch
x 46 inch corrugated metal pipe arch that is 60 feet long will be placed approximately 4
feet from the above-mentioned pipe (and out of the flow line of the UT to Buckhorn
Creek) which will serve as a floodplain pipe (Revised Figure 3, Figure 4 Figure 5 and
Figure §1- Permanent impacts at the site associated with the replacement of the structure
and minimal amounts of rip rap to protect the structure have not changed from the initial
permit application and remain <0.01 acre fill in surface water and 52 linear feet existing
channel impacted.
The decision to place these structures at the site is based on a NCDOT re-
evaluation of the peak discharge for the structure design (which is based on the latest
USGS Regression Equations for the 25 year storm). The results indicate that a larger
pipe size is necessary to convey the peak discharge. The discharge is based on potential
residential development on this rural road in the near future, which increases it compared
to the current discharge. The proposed structures are designed to handle this peak
discharge such that the headwater elevation will not overtop the road. The difference in
elevation between the stream bed and the existing centerline elevation does not allow
room necessary to fit the necessary single line and achieve adequate cover. Therefore,
two structures will be placed at this site (please note that only one structure will be placed
in the existing stream channel of the UT to Buckhorn Creek and the other structure will
be placed in the floodplain).
Dewatering
The NCDOT proposes to temporarily dewater the perennial stream at Site 1
during the construction of the project. This will involve the temporary placement of
sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel
approximately 10 feet upstream of the proposed pipe inlet and approximately 10 feet
downstream of the proposed pipe outlet (Revised Figure 3). To maintain water flow
during construction, water upstream of this impervious structure will be temporarily
pumped out and conveyed downstream of the construction activity. The stream will be
dewatered two days. This will result in temporary impacts to the surface water.
Temporary impacts to the stream from this activity have not changed from the initial
permit application and will result in the dewatering of <0.01 ac of stream bed and 52
linear feet stream channel. The sandbags or rip rap covered with filter fabric will be `
removed after construction.
Summary
NCDOT proposes to upgrade and pave SR 1120 in Wake County. Permanent
impacts at Site 1 include <0.01 acre fill in surface water and 52 linear feet existing
channel impacted. Temporary impacts to the stream at Site 1 will result in the dewatering
of <0.01 ac of stream bed and 52 linear feet stream channel. Direct impacts to waters of
the United States have not changed as a result of this permit modification request.
The NCDOT requests a permit modification for this project for revised structure
design. The NCDOT will comply with all applicable NWP and WQC conditions. If you
have any questions or need additional information, please contact me at [phone].
Si??n+cerely,
VLC%- --z5-
Christopher A. Murray, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Brandon Jones, NCDOT District Engineer, Raleigh
Mr. Adam Stephenson, NCDOT Assistant County Maintenance Engineer, Raleigh
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SR 1120 Mims Road
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State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
1 01?W'A •
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
January 28, 2002
Wake County
DWQ Project No. 020053
APPROVAL of 401 Water Quality Certification
Mr. J.G. Nance, P.E., Division Engineer
NCDOT, Division 5
2612 N. Duke Street
Durham, NC 27704
Dear Mr. Nance:
You have our approval, in accordance with the attached conditions and those listed below, to place fill
material in 104 linear feet of streams for the purpose of performing secondary road improvements to SR
1120 (Mims Road) from SR 1119 to SR 1121 in Wake County. The project shall be constructed in
accordance with your application dated January 10; 2002. After reviewing your application, we have
decided that this fill is covered by General Water Quality Certification Number 3289. This certification
corresponds to the Nationwide Permit Number 14 issued by the Corps of Engineers. In addition, you should
acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This
approval will expire with the accompanying 404, permit, unless otherwise specified in the Water Quality
Certification.
This approval is valid solely for the purpose and design described in your application (unless modified
below). Should your project change, you must notify the DWQ and submit a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby
responsible for complying with all the conditions. If total wetland fills for this project (now or in the future)
exceed one acre, or of total impacts to streams (now or in the future) exceed 150 linear feet, compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to
remain valid, you must adhere to the conditions listed in the attached certification.
1.) Upon completion of the project, the NCDOT shall complete and return the enclosed "Certification of
Completion Form" to notify DWQ when all work included in the 401 Certification has been completed.
The responsible party shall complete the anached form and return it to the 401/Wetlands Unit of the
Division of Water Quality upon completion of the project.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions
are final and binding unless you ask for a hearing.
Wetlands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post consumer paper
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
Gregory J. Thorpe, Ph.D., Acting Director
1
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act. If you have any questions. please contact John Hennessy at 919-733-5694, or Steve Mitchell at 919-
571-4700.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
DWQ Raleigh Regional Office
File Copy
Central Files
cioc-dal4R 11201wgc\020053wgc doc
y J. Thorpe, Ph.D.
Director
WeJands/401 Unit 1650 Mail Service Center Raleigh, North Carolina 27699-1621
Telephone [phone] FAX [phone]
An Equal Opporamity Affirmative Action Employer 50% recycled/10% post consumer paper
?n

020053
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
January 10, 2002
U. S. Army Corps of Engineers
Raleigh Regulatory Field Office
6508 Falls of the Neuse Road, Suite 120
Raleigh, NC 27609
Attention: Mr. Eric Alsmeyer
NCDOT Coordinator
LYNDO TIPPETT
SECRETARY
Subject: Secondary road improvements to SR 1120 (Mims Road) from SR 1119 to
SR 1121 in Wake County. NCDOT Work Order No. 6.402136T.
The North Carolina Department of Transportation (NCDOT) proposes to upgrade
and pave SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County (Figures 1
and 2). Total project length is 1.06 miles. Transportation and highway laws of North
Carolina (G. S. 136-44.6, 136-44.7, 136-44.7A, 136-44.8, and 136-44.9) require the
NCDOT to develop annual work programs for construction and maintenance of
secondary roads. These general statutes specifically set forth requirements for annual
construction and paving of existing unpaved roads. Paving of these roads is performed in
priority order as established by the NCDOT for each unpaved road within a given county.
This number is based on characteristics of each road, including number of homes,
schools, churches, businesses, industries, recreational facilities, traffic counts, presence of
school bus routes, and value as a thoroughfare. SR 1120 is scheduled to be paved in the
2001-2002 Secondary Roads Construction Program. Please note that right-of-way has
been acquired for this transportation project.
Impacts to Waters of the United States
Site 1-Station 11+70-L-
Construction of the project will necessitate impacts to waters of the United States
in the Cape Fear River Basin. The project crosses an unnamed perennial tributary to
Buckhorn Creek (DWQ Index No. 18-7-(2), Best Usage Classification B) (Figure 3). The
existing structure that conveys the creek is a 30-inch concrete pipe that is 28 feet long.
The replacement structure is a 42-inch corrugated metal pipe that is 60 feet long.
Permanent impacts at the site associated with the replacement of the structure and
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]
2
minimal amounts of rip rap to protect the structure include <0.01 acre fill in surface water
and 52 linear feet existing channel impacted.
Pewateong,
t
The NCDOT proposes to temporarily dewater the perennial stream at Site 1
during the construction of the project. This will involve the temporary placement of
sandbags or Class B or Class 2 rip rap covered with filter fabric in the stream channel
approximately 10 feet upstream of the proposed pipe inlet and approximately 10 feet
downstream of the proposed pipe outlet (Figure 3). To maintain water flow during
construction, water upstream of this impervious structure will be temporarily pumped out
and conveyed downstream of the construction activity. The stream will be dewatered two
days. This will result in temporary impacts to the surface water. Temporary impacts to
the stream from this activity will result in the dewatering of <0.01 ac of stream bed and
52 linear feet stream channel. The sandbags or rip rap covered with filter fabric will be
removed after construction.
Waters of the U.S. Mitigation
Avoidance: All wetlands and surface waters not affected by the project will be
protected from unnecessary encroachment. No staging of construction equipment or
storage of construction supplies will be allowed in wetlands or near surface waters.
Minimization: The side slopes have been steepened to the extent possible at
jurisdictional sites. Strict enforcement of sedimentation and erosion control Best
Management Practices for the protection of wetlands and surface waters will be enforced
during project construction. Continued coordination will occur with maintenance forces
and the Environmental Officer during construction to minimize impacts to these sites.
CoLnpensato y Mitigation: Construction of the project will result in only minimal
impacts to waters of the United States. Impacts have been avoided and minimized to the
maximum extent possible during the design process. Due to minimal impacts,
compensatory mitigation for stream and wetland impacts will not be provided for this
project.
Protected Species
Plants and animals with federal classifications of Endangered, Threatened,
Proposed endangered ad Proposed Threatened are protected under provisions of Section 7
and Section 9 of the ESA. As of February 27, 2001, there are four federally protected
species listed for Wake County. They include bald eagle (Haliaeetus leucocephalus),
Michaux's Sumac (Rhus michauxii), dwarf wedgemussel (Alasmidonta heterodon) and
red-cockaded woodpecker (Picoides boralis).
dwarf wedgemussel --Biological Conclusion: No Effect
The stream is highly degraded, exhibiting trash and excessive algal growth.
Suitable habitat for dwarf wedgemussel is not present at the project study area. A review
of the NHP rare and unique habitat database did not reveal the presence of this species
within 1.6 km (1.0 mi) of the project study area. Impacts to this federally protected
species will not occur from project construction.
Michaux's sumac--Biological Conclusion: No Effect
Suitable habitat for Michaux's sumac is present along the irregularly maintained
roadside shoulder. A plant-by-plant survey was conducted during the site visit on
November 27, 2001 by NCDOT Division Environmental Officer Chris Murray. No
populations of Michaux's sumac were observed during the site visit. A review of the
NHP rare and unique habitat database did not reveal the presence of this species within
1.6 km (1.0 mi) of the project study area. Impacts to Michaux's sumac will not occur
from project construction.
hale eagle--Biological Conclusion: No Effect
Although it is possible that eagles may occasionally fly over the project, the lack
of appropriate habitat for feeding, nesting, roosting and perching, makes it unlikely that
eagles use specific sites at the project. No bald eagle foraging or nesting or other activity
was observed at the project study area during the site visits on November 27, 2001 and
December 20, 2001. A review of the NHP rare and unique habitat database did not reveal
the presence of this species within 1.6 km (1.0 mi) of the project study area. Impacts to
bald eagle will not occur from project construction.
red-cockaded woodpecker--Biological Conclusion: No Effect
The project study area contains limited foraging habitat and no nesting habitat for
red-cockaded woodpecker. There is no nesting habitat within 1.0 mile of the project
study area. No red-cockaded woodpeckers were observed during the site visits on
November 27, 2001 and December 20, 2001. A review of the NHP rare and unique
habitat database did not reveal the presence of this species within 1.6 km (1.0 mi) of the
project study area. Based on available information, the construction of this facility will
not impact red-cockaded woodpecker.
Historical Compliance
Historic compliance work to be scheduled and concurrence with Historic
Preservation Office will be obtained if required.
Summary
NCDOT proposes to upgrade and pave SR 1120 in Wake County. Permanent
impacts at Site 1 include <0.01 acre fill in surface water and 52 linear feet existing
4
channel impacted. Temporary impacts to the stream at Site 1 will result in the dewatering
of <0.01 ac of stream bed and 52 linear feet stream channel.
Application is hereby made for a Department of the Army Section 404
Nationwide Permit (NWP) 14 and NWP 33 and DWQ Section 401 Water Quality
Certification (WQC) No. 3289 and No. 3114 for construction of this project. The
NCDOT will comply with all applicable NWP and WQC conditions. A pre-construction
notification is attached with this request. If you have any questions or need additional
information, please contact me at [phone].
Sincerely,
Christopher A. array, P.W.S.
Division Environmental Officer
cc: Mr. John Dorney, NCDWQ, Raleigh
Mr. Brandon Jones, NCDOT District Engineer, Raleigh
Mr. Adam Stephenson, NCDOT Assistant County Maintenance Engineer, Raleigh
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Project Study Area
SR 1120 Mims Road
Wake County Soil Survey
USDA-SCS (1970)
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Pre-Construction Notification (PCN) Application Form
For Section 404 and/or Section 10 Nationwide, Regional and General Permits, Section 401
General Water Quality Certifications, and Riparian Buffer and Watershed Buffer Rules
This form is to be used for projects qualifying for any of the U.S. Army Corps of Engineers' (USACE)
Nationwide, Regional or General Permits as required by Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act, and for the North Carolina Division of Water Quality's
(DWQ) associated General 401 Water Quality Certifications. This form is also to be used for any
project requiring approval under any Riparian Buffer Rules implemented by the N.C. Division of Water
Quality. This form should not be used if you are requesting an Individual 404 Permit or Individual 401
Water Quality Certification. The USACE Individual Permit application form is available online at
http://ivww. saw.usace. army.mi'/ wetlands/Perm_np.htm.
The USACE is the lead regulatory agency. To review the requirements for the use of Nationwide,
Regional or General permits, and to determine which permit applies to your project, please go to the
USACE website at htt //Nvw-vv.saw,usace.army.mil/wetlands/rep-tour.htm, or contact one of the field
offices listed at the end of this application. The website also lists the responsible project manager for
each county in North Carolina and provides additional information regarding the identification and
regulation of wetlands and waters of the U. S.
The DWQ issues a corresponding Certification (General or Individual), and cannot tell the applicant
which 401 Certification will apply until the 404 Permit type has been determined by the USACE.
Applicants are encouraged to visit DWQ's 401/Wetlands Unit website at
http://h2o.enr.state.nc.us/ncwetlands to read about current requirements for the 401 Water Quality
Certification Program and to determine whether or not Riparian Buffer Rules are applicable. The
applicant is also advised to read the full text of the General Certification (GC) matching the specific 404
Permit requested. In some cases, written approval for some General Certifications is not required,
provided that the applicant adheres to all conditions of the GC. Applicants lacking access to the internet
should contact DWQ's Central Office in Raleigh at [phone].
Trout Waters Coordination. - Special coordination with the North Carolina Wildlife Resources
Commission (NCWRC) is also required for projects occurring in any of North Carolina's twenty-five
counties that contain trout waters. In such cases, the applicant should contact the appropriate NCWRC
regional coordinator (listed by county on the last page of this application).
Page 1 of 11
CAMA Coordination - If the project occurs in any of North Carolina's twenty coastal counties (listed on
the last page of this application) the applicant should also contact the North Carolina Division of Coastal,
Management (DCM) at [phone]. DCM will determine whether or not the project involves a
designated Area of Environmental Concern, in which case DCM will act as the lead permitting agency.
In such cases, DCM will require a Coastal Area Management Act (CAMA) Permit and will coordinate
the 404/401 Permits.
USACE Permits - Submit one copy of this form, along with supporting narratives, maps, data forms,
photos, etc. to the applicable USACE Regulatory Field Office (addresses are listed at the end of this
application). Upon receipt of an application, the USACE will determine if the application is complete as
soon as possible, not to exceed 30 days. This PCN form is designed for the convenience of the applicant
to address information needs for all USACE Nationwide, Regional or General permits, as well as
information required for State authorizations, certifications, and coordination. Fully providing the
information requested on this form will result in a complete application for any of the USACE
Nationwide, Regional or General permits. To review the minimum amount of information that must be
provided for a complete PCN for each USACE Nationwide permit, see Condition 13, 65 Fed.Reg. 12893
(March 9, 2000), available at htt ://w,,viv_saw.,isace.aarmv_znil/' eti?-
_jds/ vpti ? ed1 c pr=
Processing times vary by permit and begin once the application has been determined to be complete.
Please contact the appropriate regulatory field office for specific answers to permit processing periods.
401 Water Quality Certification or Buffer Rules - All information is required unless otherwise stated
as optional. Incomplete applications will be returned. Submit seven collated copies of all USACE
Permit materials to the Division of Water Quality, 401/Wetlands Unit, 1650 Mail Service Center,
Raleigh, NC, 27699-1650. If written approval is required or specifically requested for a 401
Certification, then a non-refundable application fee is required. In brief, if project impacts include less
than one acre of cumulative wetland/water impacts and less than 150 feet cumulative impacts to
streams, then a fee of $200 is required. If either of these thresholds is exceeded, then a fee of $475 is
required. A check made out to the North Carolina Division of Water Quality, with the specific name of
the project or applicant identified, should be stapled to the front of the application package. For more
information, see the DWQ website at h tp://h2o.chnr.state.nc.gs/ncwetlands/ ees.html. The fee must be
attached with the application unless the applicant is a federal agency in which case the check may be
issued from a separate office. In such cases, the project must be identifiable on the U. S. Treasury check
so that it can be credited to the appropriate project. If written approval is sought solely for Buffer Rules,
the application fee does not apply, and the applicant should clearly state (in a cover letter) that only
Buffer Rule approval is sought in writing. Wetlands or waters of the U. S. may not be impacted prior to
issuance or waiver of a Section 401 Water Quality Certification. Upon receipt of a complete application
for a 401 Certification, the Division of Water Quality has 60 days to prepare a written response to the
applicant. This may include a 401 Certification, an on-hold letter pending receipt of additional
requested information, or denial.
Page 2 of 11
Office Use Only: Form Version April 2001
USAGE Action ID No. DWQ No.
If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A" rather than
leaving the space blank.
I. Processing
1. Check all of the approval(s) requested for this project:
® Section 404 Permit
? Section 10 Permit
® 401 Water Quality Certification
? Riparian or Watershed Buffer Rules
2. Nationwide, Regional or General Permit Number(s) Requested: NWP 14 and NWP 33
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ?
4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation of impacts (see section VIII - Mitigation), check here: ?
II. Applicant Information
1. Owner/Applicant Information
Name: NCDOT/Christopher A. Murray
Mailing Address: 2612 N. Duke Street Durham NC 27704
Telephone Number: [phone] Fax Number: [phone]
E-mail Address: [e-mail]
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be
attached if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation:
Mailing Address:
Telephone Number: Fax Number:
E-mail Address:
Page 3 of 11
Iffi. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County.
2. T.I.P. Project Number (NCDOT Only): NCDOT Division Project (non-TIP): Work Order
No. 6.402136T.
3. Property Identification Number (Tax PIN): N/A
4. Location
County: Wake Nearest Town: Fuquav Varina
Subdivision name (include phase/lot number): N/A
Directions to site (include road numbers, landmarks, etc.): From Fuquay Varina, travel
south west on NC 42. Turn right and travel north on SR 1178. Turn right and travel north
east on SR 1121 to the project limits.
5. Site coordinates, if available (UTM or Lat/Long): UTM 17 693212E 3938499N
(Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordinates for each crossing of a distinct waterbody.)
6. Describe the existing land use or condition of the site at the time of this application: Permit
site is surrounded by wooded land. The stream is highly degraded by trash and alizal growth.
7. Property size (acres): Project footprint is 1.06 mile (5,597 feet) long and has a right of way
of 60 feet. Property size is 7.7 acres.
8. Nearest body of water (stream/river/sound/ocean/lake): Unnamed Tributary to Buckhorn
Creek.
9. River Basin: Cape Fear River
(Note - this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/adinin/macs/.)
Page 4 of 11
10. Describe the purpose of the proposed work: Grade, drain, base pave and erosion control at
SR 1120 (Mims Road). At Site 1, the existing 28 foot pipe will be replaced with a 60 foot
pipe.
11. List the type of equipment to be used to construct the project: Excavator Backhoe
Bulldozer, and Grader.
12. Describe the land use in the vicinity of this project: Mixture of undeveloped land, wooded
land, farm land and scattered residential housing.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
No previous project jurisdictional determination or permit history associated with site.
V. Future Project Plans
Are any additional permit requests anticipated for this project in the future? If so, describe the
anticipated work, and provide justification for the exclusion of this work from the current
application: None anticipated.
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. The applicant must also
provide justification for these impacts in Section VII below. All proposed impacts, permanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. All wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluation and delineation forms should be included as appropriate. Photographs may be
included at the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigation, list and describe the impact in Section VIII below. If additional space is needed for
listing or description, please attach a separate sheet.
Page 5 of 11
1. Wetland Impacts
Wetland Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact
(acres) Located within
100-year Floodplain**
(es/no) Distance to
Nearest Stream
(linear feet)
Type of Wetland***

List each impact separately and identify temporary impacts. Impacts include, but are not limited to: mechanized clearing, grading, fill,
excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding.
** 100-Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps
(FIRM), or FEMA-approved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at ii €tj?:!i ?e= •..°., : letna.?E,=?.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog, etc.)
List the total acreage (estimated) of existing wetlands on the property: 0.00 acre in project
limits.
Total area of wetland impact proposed: 0.00 acre in project limits.
2. Stream Impacts, including all intermittent and perennial streams
Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on ma) (linear feet) Before Impact leasespecify)
Site 1 Rip rap along
streambank 20 UT Buckhorn Creek 3 feet Perennial

Site 1 Replacement of pipe
with a longer pipe
32
UT Buckhom Creek
3 feet
Perennial
Site 1 Temporary dewatering
Of stream 52 FUT Buckhorn Creek 3 feet Perennial
* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separately list impacts due to both structure and flooding), relocation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is
proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included.
Stream names can be found on USGS topographic maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into which it flows. USGS maps are available through the USGS at 1-800-358-9616, or online at
w?4«.« gs.go . Several intemet sites also allow direct download and printing of USGS maps (e.g., Av"-w.tocozorc.rc)n,,
N'gw,w.marquuest.con,
etc.).
Cumulative impacts (linear distance in feet) to all streams on site: 52 feet permanent fill and
52 feet temporary impact (dewatering).
3. Open Water Impacts, including Lakes, Ponds, Estuaries, Sounds, Atlantic Ocean and any
other Water of the U. S.
Open Water Impact
Site Number
(indicate on ma)
Type of Impact* Area of
Impact

(acres) Name of Waterbody

(if applicable) Type of Waterbody
(lake, pond, estuary, sound

bay, ocean, etc.)

* List each impact separately and identify temporary impacts. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage, bulkheads, etc.
Page 6 of 11
4. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ? uplands ? stream ? wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Size of watershed draining to pond: Expected pond surface area:
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
All wetlands and surface waters not affected by project construction will be protected from
unnecessary encroachment. No staging of equipment will be allowed in or adjacent to waters of
the U.S. The side slopes at the jurisdictional site has been steepened to the maximum extent
possible. Strict enforcement of Best Management Practices for the protection of wetlands and
surface waters will be enforced during construction. Only the smallest amount of fill necessary
to complete the project will be placed in waters of the United States.
VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
Page 7 of 11
lacking a required mitigation plan or NCWRP concurrence shall be placed on hold as
incomplete. An applicant may also choose to review the current guidelines for stream restoration
in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
Not Applicable.
2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP) with the NCWRP's written agreement. Check the box indicating that
you would like to pay into the NCWRP. Please note that payment into the NCWRP must be
reviewed and approved before it can be used to satisfy mitigation requirements. Applicants
will be notified early in the review process by the 401/Wetlands Unit if payment into the
NCWRP is available as an option. For additional information regarding the application
process for the NCWRP, check the NCWRP website at l ap://loo.enr.state.nc.us/vup/indcx.hini. If
use of the NCWRP is proposed, please check the appropriate box on page three and provide
the following information:
Amount of stream mitigation requested (linear feet): N/A
Amount of buffer mitigation requested (square feet): NIA
Amount of Riparian wetland mitigation requested (acres): N/A
Amount of Non-riparian wetland mitigation requested (acres): N/A
Amount of Coastal wetland mitigation requested (acres): N/A
IX. Environmental (Documentation (DWQ Only)
Does the project involve an expenditure of public funds or the use of public (federal/state/local)
land?
Yes ® No ?
If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ? No 0
If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a
copy of the NEPA or SEPA final approval letter.
Yes ? No ?
Page 8 of 11
X. Proposed Impacts on Riparian and Watershed Buffers (DWQ Only)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Supply Buffer Requirements), or other (please identify )?
Yes ? No ® If you answered "yes", provide the following information:
Identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigation is required calculate the required amount of mitigation by applying the buffer
multipliers. Required
Zone* s uImpact are feet Multiplier Mitigation
1 3
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as
identified within 15A NCAC 2B .0242 or.0260.
XI. Stormwater (DWQ 0*)
Describe impervious acreage (both existing and proposed) versus total acreage on the site.
Discuss stormwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
Existing: 4.6 acre impervious surface of 7.7 acre total moiect size (36 foot wide hard-hacked
gravel road). Proposed: 2.6 acre impervious surface of 7.7 acre total project size (20 foot wide
asphalt paved road). The erosion control plan for the project is designed for 900 cubic feet of
storage per acre. Erosion and sediment control devices along the project are comprised of
temporary silt basin (Type B), temporary rock silt check (Type B) and temporary rock sediment
dam Type B). All temporarily disturbed areas will be revegetated after construction.
Page 9 of 11
XII. Sewage Disposal (DWQ Only)
Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
The project will not generate wastewater.
XIII. Violations (DWQ Only)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H.0500) or any Buffer Mules?
Yes ? No
Is this an after-the-fact permit application?
Yes ? No
XIV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. . However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
US Army Corps Of Engineers Field Offices and County Coverage
Asheville Regulatory Field Office Alexander Cherokee lredell Mitchell Union
US Army Corps of Engineers Avery Clay Jackson Polk Watauga
151 Patton Avenue Buncombe Cleveland Lincoln Rowan Yancey
Room 208 Burke Gaston Macon Rutherford
Asheville, NC 28801-5006 Cabarrus Graham Madison Stanley
Telephone: [phone] Caldwell Haywood McDowell Swain
Fax: [phone] Catawba Henderson Mecklenburg Transylvania
Raleigh Regulatory Field Office Alamance Durham Johnston Rockingham Wilson
US Army Corps Of Engineers Alleghany Edgecombe Lee Stokes Yadkin
6508 Falls of the Neuse Road Ashe Franklin Nash Surry
Suite 120 Caswell Forsyth Northampton Vance
Raleigh, NC 27615 Chatham Granville Orange Wake
Telephone: [phone] Davidson Guilford Person Warren
Fax: [phone] Davie Halifax Randolph Wilkes
Page 10 of 11
Washington Regulatory Field Office Beaufort Currituck Jones Pitt
US Army Corps Of Engineers Bertie Dare Lenoir Tyrrell
Post Office Box 1000 Camden Gates Martin Washington
Washington, NC 27889-1000 Carteret* Green Pamlico Wayne
Telephone: [phone] Chowan Hertford Pasquotank
Fax: [phone] Craven Hyde Perquimans *Croatan National Forest Only
Wilmington Regulatory Field Office Anson Duplin Onslow
US Army Corps Of Engineers Bladen Harnett Pender
Post Office Box 1890 Brunswick Hoke Richmond
Wilmington, NC 28402-1890 Carteret Montgomery Robeson
Telephone: [phone] Columbus Moore Sampson
Fax: [phone] Cumberland New Hanover Scotland
US Fish and Wildlife Service / National Marine Fisheries Service
US Fish and Wildlife Service US Fish and Wildlife Service National Marine Fisheries Service
Raleigh Field Office Asheville Field Office Habitat Conservation Division
Post Office Box 33726 160 Zillicoa Street Pivers Island
Raleigh, NC 27636-3726 Asheville, NC 28801 Beaufort, NC 28516
Telephone: [phone] Telephone: [phone] .Telephone: [phone]
North Carolina State Agencies
Division of Water Quality
401 Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
Telephone: [phone]
Fax: [phone]
Division of Water Quality
Wetlands Restoration Program
1619 Mail Service Center
Raleigh, NC 27699-1619
Telephone: [phone]
Fax: [phone]
State Historic Preservation Office
Department Of Cultural Resources
4617 Mail Service Center
Raleigh, NC 27699-4617
Telephone: [phone]
Fax: [phone]
LAMA and NC Coastal Counties
Division of Coastal Management Beaufort Chowan Hertford Pasquotank
1638 Mail Service Center Bertie Craven Hyde Pender
Raleigh, NC 27699-1638 Brunswick Currituck New Hanover Perquimans
Telephone: [phone] Camden Dare Onslow Tyrrell
Fax: [phone] Carteret Gates Pamlico Washington
NCWRC and NC Trout Counties
Western Piedmont Region Coordinator Alleghany Caldwell Watauga
3855 Idlewild Road Ashe Mitchell Wilkes
Kernersville, NC 27284-9180 Avery Stokes
Telephone: [phone] Burke Surry
Mountain Region Coordinator Buncombe Henderson Polk
20830 Great Smoky Mtn. Expressway Cherokee Jackson Rutherford
Waynesville, NC 28786 Clay Macon Swain
Telephone: [phone] Graham Madison Transylvania
Fax: [phone] Haywood McDowell Yancey
Page 11 of 11
°N. C. DEPARTMENT OF TRANSPORTATION
TRANSMITTAL SLIP DATE

TO: ^ REF. NO. OR ROOM, BLDG.

FR : 1
rl`7 MJl REF. NO. OR ROOM, BLDG.
C ION
? 'NOTE AND FILE ? PER OUR CONVERSATION
?'-NOTE-AND RETURN TO ME ?-.PER YOUR REOUEST
? RETURN WITH MORE. DETAILS ? FOR YOUR APPROVAL
? NOTE AND SEE ME ABOUT THIS ? FOR YOUR INFORMATION
PLEASE ANSWER - ? FOR YOUR COMMENTS
? PREPARE REPLY FOR MY SIGNATURE ? :SIGNATURE
.-
?TAKEAPPROPRIATE ACTION ? INVESTIGATE AND REPORT
COMMENTS:
020053

.1 ? as
STATE of NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
January 10, 2002
N.C. Dept. of Environment and Natural Resources
Division of Water Quality 0 2 0 0 5 3
2321 Crabtree Blvd.
Raleigh, NC 27604-2260
Attention: Mr. John Dorney
Coordinator
Subject: Secondary road improvements to SR 1120 (Mims Road) from SR 1119 to
SR 1121 in Wake County. NCDOT Work Order No. 6.402106T.
Reference: NCDOT permit application (January 7, 2002)
The North Carolina Department of Transportation (NCDOT) plans t upgrade and
pave SR 1120 (Mims Road) from SR 1119 to SR 1121 in Wake County. C struction of
the project will necessitate impacts to waters of the United States. pplicat on was made
for a Department of the Army Section 404 Nationwide Permit (NWP) 14 NWP 33
and North Carolina Division of Water Quality (NCDWQ) Section 401 Wat r Quality
Certification (WQC) No. 3289 and WQC No. 3114 by permit application ted January
10, 2002.
An automated payment procedure has recently been implemented b tween the
NCDOT and NCDWQ. This procedure will enable the Division to apply r the 401
WQC without submitting a check for this permit application. This new pr cedure will
provide payment to the NCDWQ by charging the permit application fee d' ectly to the
appropriate NCDOT work order. C ga? uj?
The NCDOT work order for this ro'ect is 6.402136T. Project i acts are less vs
than one acre of cumulative wetland/water impacts and less than 150 linear feet ?-
cumulative impacts to streams, therefore,_ please note that a fee of $200.00 is reauired for
this project. If you have any questions or need additional information, please contact me
at [phone].
Sincerely,
PAYMENT
Christopher A. Murray, P.W.S. RECEIVED
Environmental Officer
Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]