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HomeMy WebLinkAbout20120211 Ver 1_Approval Letter_20120604ALVEWA 73A NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Governor Director June 4 2012 Dr Greg Thorpe PhD Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1548 Mail Service Center Raleigh North Carolma 27699 1548 Subject 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and RANDLEMAN BUFFER RULES with ADDITIONAL CONDITIONS for Proposed improvements to Greensboro High Point Road (SR 1486 SR 412 1) from US 311 Bypass (future I 74) in High Point to Hilltop Road m Greensboro Guilford County Federal Aid Project No STP 4121(1) State Project No WBS Element No 34802 1 1 TIP U 2412 A &B/U2524AE NCDWQ Project No 2012 0211 Dear Dr Thorpe Attached hereto is a copy of Certification No 003924 issued to The North Carolina Department of Transportation (NCDOT) dated June 4 2012 If we can be of further assistance do not hesitate to contact us n S�mcerely 4,Xharles Wakild Director Attachments cc Monte Matthews US Army Corps of Engineers Raleigh Field Office (electronic copy only) Mike Mills PE Division 7 Engineer Jerry Parker Division 7 Environmental Officer Chris Mihtscher Environmental Protection Agency (electronic copy only) Travis Wilson NC Wildlife Resources Commission (electronic copy only) Beth Harmon Ecosystem Enhancement Program Wetlands /401 Transportation Permitting Unit File Copy Transportation and Permitting Unit 1650 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 -807 63001 FAX 919 807 6492 Internet www ncwaterguality om An Equal Opportunity 1 Affirmative Action Employer Dee Freeman Secretary NorthCarohna 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and RANDLEMAN BUFFER RULES with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92 500 and 95 217 of the United States and subject to the North Carolina Division of Water Quality (NCDWQ) Regulations in 15 NCAC 2H 0500 and 15A NCAC 213 0250 This certification authorizes the NCDOT to impact 5593 linear feet of jurisdictional streams 1 81 acres of jurisdictional wetlands 3 65 acres of open water, and 906306 square feet of protected riparian buffers in Guilford County The project shall be constructed pursuant to the application dated received February 24 2012 with additional information dated received March 15 2012 May 23 2012 and May 24 2012 The authorized impacts are as described below Stream Impacts in the Cape Fear River Basin for U 2412A Site Permanent Fill in Intermittent Stream (linear ft) Temporary Fill in Intermittent Stream (linear ft) Permanent Fill in Perennial Stream linear ft Temporary Fill in Perennial Stream (linear ft ) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation (linear ft 1 (ac) 265 34 34 0 2 Wetland 353 106 459 353 3A 213 11 503 7 224 0 313 307 64 331 19 371 0 4 336 17 353 336 6 283 21 304 283 7A 418 33 451 418 713 208 208 0 8 215 215 0 10A 100 100 0 lOB 40 40 80 0 11 492 55 547 492 12 82 82 0 13 24 40 64 0 14 29 0 29 0 Total 728 75 2157 561 3521 1882 Total Stream Impact for U2412A 3521 linear feet Stream Im acts in the Cape Fear River Basin for U 2412B Site Permanent Fill in Intermittent Stream (linear ft) Temporary Fill in Intermittent Stream (linear ft) Permanent Fill in Perennial Stream linear ft Temporary Fill in Perennial Stream (linear ft ) Total Stream Impact (linear ft) Stream Impacts Requiring Mitigation (linear ft 1 (ac) 265 51 316 265 2* Wetland 295 20 315 295 3 ac Im act ac) 503 7 510 503 4 331 19 350 331 5 455 33 488 455 6* 83 10 93 83 1932 140 2072 1932 Total Stream Impact for U 2412B/U 2524AE 2072 linear feet *Sites 2 and 6 are the same stream Wetland Impacts in the Cape Fear River Basin for U 2412A Site Fill Fill Excavation Mechanized Hand Area under Total (ac) (temporary) (ac) Clearing Clearing Bridge Wetland ac ac (ac) ac Im act ac) 2 022 005 027 4 003 003 7A 045 Fill Excavation 004 Hand Area under 049 8 002 (temporary) (ac) 004 019 Bridge 025 11 008 ac 1 56 004 ac ac 012 12 001 8770 40669 001 122007 002 Total 081 24155 0 14 018 019 0 118 Total Wetland Impact for U2412A 1 18 acres Wetland Impacts in the Cape Fear River Basin for U 2412B/U 2524AE Site Fill Fill Excavation Mechanized Hand Area under Total 10A (ac) (temporary) (ac) Clearing Clearing Bridge Wetland 13 1 56 ac 1 56 ac ac ac Im act ac 2 007 8770 40669 001 122007 008 6 041 24155 0 14 <0 005 42000 0 055 42000 048 014 001 22048 22048 063 Total 24840 1254 23586 23586 70758 16144 Total Wetland Impact for U 2412B/U 2524AE 0 63 acres O en Water Impacts in the Cap Fear River Basin for U 2412A Site Permanent Fill in Open Waters ac Temporary Fill in Open Waters ac Total Fill in Open Waters (ac) 2 060 060 10A 0 18 Zone 2 Buffer Mitigation Required 0 18 11 131 0 131 13 1 56 1 56 Total 365 3253 365 Total Open Water Impact for U 2412A 3 65 acres Randleman Lake Riparian Buffer Impacts for U 2412A Site Zone 1 Impact (sq ft) minus Wetlands Zone 1 (sq ft) = Zone I Buffers (sq ft) Zone 1 Buffer Mitigation Required Zone 1 Buffer Mitigation Required 3 1 ratio Zone 2 Impact (sq ft) minus Wetlands Zone 2 (sq ft) = Zone 2 Buffers (sq ft) Zone 2 Buffer Mitigation Required Zone 2 Buffer Mitigation Required 15 1 ratio 1 5622 0 5622 5622 16866 3253 0 3253 3253 4888 2 49439 8770 40669 40669 122007 26456 2301 24155 24155 36233 3 42000 0 42000 42000 126000 22048 0 22048 22048 33072 4 24840 1254 23586 23586 70758 16144 35 16109 16109 24164 5 13942 0 13942 30 90 11643 0 11643 1376 2064 6 20445 0 20445 20445 61335 11763 0 11763 11763 17645 7 42395 13883 28512 28512 85536 23822 4811 19011 19011 28517 8 16108 2980 13128 0 1 0 10647 4392 6255 0 0 9 22580 0 22580 0 0 15399 0 15399 704 1056 10 29383 0 29383 29383 88149 16667 0 16667 16667 25001 11 61508 4190 57318 57318 171954 29610 519 29091 29091 43637 12 19695 696 18999 18999 56997 5647 0 5647 5647 8471 13 43041 0 43041 43041 129123 192821 0 192821 192821 289232 14 1 1975 0 1975 1975 5925 680 0 680 680 1020 Totals 392973 31773 361200 311580 934740 v 386600 12058 374542 343325 515000 Total Buffer Impact for U 2412A 735742 square feet Randleman Lake Riaarian Buffer Impacts for U 2412B/U 2524AE Site Zone I minus = Zone Zone 1 Zone 1 Zone 2 minus = Zone 2 Zone 2 Zone 2 Impact Wetlands 1 Buffer Buffer Impact Wetlands Buffers Buffer Buffer (sq ft) Zone 1 Buffers Mitigation Mitigation (sq ft) Zone 2 (sq ft) Mitigation Mitigation (sq ft) (sq ft) Required Required (sq ft) Required Required 3 1 ratio 1 5 1 ratio 1 17804 0 17804 17804 53412 11396 0 11396 11396 17094 2 12522 3122 9400 9400 28200 7294 30 7264 7264 10896 3 31864 0 31864 31864 95592 21239 0 21239 21239 31859 4 18850 0 18850 18850 56550 11157 0 11157 11157 16736 5 21169 0 21169 21169 63507 10491 0 10491 10491 15737 6 6412 1161 5251 0 0 5795 1116 4679 0 0 108621 4283 104338 99087 297261 67372 1146 66226 61547 92322 Totals t Total Buffer Impact for U 2412B/U 2524AE 170564 square feet The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines Therefore the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301 302 303 306 307 of PL 92 500 and PL 95 217 if conducted in accordance with the application and conditions heremafter set forth This approval is only valid for the purpose and design that you submitted in your application dated received February 24 2012 with additional information dated received March 15 2012 May 23 2012 and May 24 2012 Should your project change you are required to notify the NCDWQ 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 any additional wetland impacts or stream impacts for this project (now or in the future) exceed one acre or 150 linear feet respectively additional compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) (6) and (7) Additional buffer impacts may require compensatory mitigation as described in 15A NCAC 0248 For this approval to remain valid you are required to comply with all the conditions listed below In addition you should obtain all other federal state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control Coastal Stormwater Non discharge and Water Supply watershed regulations This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit Condition(s) of Certification Project Specific Conditions 1 All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities unless otherwise approved by this certification 2 All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the preconstruction contours and revegetated Maintained buffers shall be permanently revegetated with non woody species by the end of the growing season following completion of construction For the purpose of this condition maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT maintenance activities including mowing The area with non maintained buffers shall be permanently revegetated with native woody species before the next growing season following completion of construction 3 Pursuant to 15A NCAC 2B 0250 sediment and erosion control devices shall not be placed in Zone 1 of any Randleman Buffer without prior approval by NCDWQ At this time NCDWQ has approved no sediment and erosion control devices in Zone 1 outside of the approved project impacts anywhere on this project Moreover sediment and erosion control devices shall be allowed m Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow 4 Any modifications to this 401 Water Quality Certification that propose additional stream impacts or increased impervious surface requiring additional stormwater management may be subject the Jordan Water Supply Nutrient Strategy [15A NCACO2B 0267] NCDOT shall coordinate with NCDWQ prior to submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient Strategy This condition does not apply to major modifications for additional sections of the project that were covered under the Finding of No Significant Impact or approved in the Avoidance and Minimization stage of the project 5 The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site NCDWQ staff shall be invited to the pre construction meeting 6 Two copies of the final construction drawings shall be furnished to NCDWQ Central Office prior to the pre construction meeting The permittee shall provide written verification that the final construction drawings comply with the permit drawings contained in the application dated February 24 2012 Any deviations from the approved drawings are not authorized unless approved by the NC Division of Water Quality 7 Channel relocations shall be completed and stabilized and approved on site by DWQ staff prior to diverting water into the new channel Stream banks shall be matted with coir fiber mattmg unless otherwise approved in this certification Vegetation used for bank stabilization shall be limited to native riparian vegetation and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical Also rip rap may be allowed beyond the limits approved by this certification if it Is necessary to maintain the physical integrity of the stream but the applicant must provide written ,justification and any calculations used to determine the extent of rip rap coverage requested Once the stream has been turned into the new channel it may be necessary to relocate stranded fish to the new channel to prevent fish kills 8 At locations where ponds will be drained proper measures will be taken to dram the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond draining If typical pond drammg techniques will create significant disturbance to native aquatic species additional measures such as collection and relocation may be necessary to prevent a significant fish kill NCDOT shall consult with NC Wildlife Resources staff to determine If there are any sensitive species and the most appropriate measures to limit impacts to these species The permittee shall ensure that the .jurisdictional stream channel above and below the drained pond remain stable and that no additional impacts occur within the natural stream channel as a result of draining the pond 9 Bridge deck drams shall not discharge directly into the stream Stormwater shall be directed across the bridge and pre treated through site appropriate means (grassed swales pre formed scour holes vegetated buffers etc ) before entering the stream Please refer to the most current version of Stormwater Best Management Practices 10 Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods More specifically Jetting or other methods of pile driving are prohibited without prior written approval from NCDWQ first 11 No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters This water shall be captured treated and disposed of properly 12 All pile driving or drilling activities shall be enclosed in turbidity curtains unless otherwise approved by NCDWQ in this certification 13 All bridge construction shall be performed from the existing bridge temporary work bridges temporary causeways or floating or sunken barges If work conditions require barges they shall be floated into position and then sunk The barges shall not be sunk and then dragged into position Under no circumstances should barges be dragged along the bottom of the surface water 14 If multiple pipes or barrels are required they shall be designed to mimic natural stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate Widening the stream channel should be avoided Stream channel widening at the inlet or outlet end of structures typically decreases water velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage 15 Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes aquatic life passage Bioengineering boulders or structures should be properly designed sized and installed 16 The temporary stream impacts due to dewatermg activities shall be graded to preconstruction contours and revegetated with appropriate native species 17 The stream channel shall be excavated no deeper than the natural bed material of the stream to the maximum extent practicable Efforts must be made to minimize impacts to the stream banks as well as to vegetation responsible for maintaining the stream bank stability Any applicable riparian buffer impact for access to stream channel shall be temporary and be revegetated with native riparian species 18 Compensatory mitigation for 1932 linear feet of impact to streams is required for the U 2412B/U2524AE project We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the project EEP has indicated in a letter dated May 29 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project in accordance with the EEP Mitigation Banking Instrument signed July 28 , 2010 19 Compensatory mitigation for impacts to 99087 square feet of protected riparian buffers in Zone 1 and 61547 square feet of protected riparian buffers in Zone 2 shall be required for the U 241213/U2524AE project We understand that you have chosen to perform compensatory mitigation for impacts to protected buffers through use of the North Carolina Ecosystem Enhancement Program (EEP) Mitigation for unavoidable impacts to Randleman Riparian Buffers shall be provided in the Cape Fear River Basin and done in accordance with 15A NCAC 2B 0250 EEP has indicated in a letter dated May 29 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project in accordance with the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument signed July 28 2010 20 Compensatory mitigation for impacts to 0 63 acres of riverme wetlands is required for the U 2412B/U2524AE project We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem Enhancement Program (EEP) and that the EEP has agreed to implement the mitigation for the project EEP has indicated in a letter dated May 29 2012 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above referenced project in accordance with the North Carolina Department of Environment and Natural Resources Ecosystem Enhancement Program In Lieu Fee Instrument signed July 28 2010 21 When final design plans are completed for U2412A a modification to the 401 Water Quality Certification and the Randleman Lake Riparian Buffer Certification shall be submitted with five copies and fees to the NC Division of Water Quality Final designs shall reflect all appropriate avoidance minimization and mitigation for impacts to wetlands streams and other surface waters and buffers No construction activities that impact any wetlands streams surface waters or buffers located in U 2412A shall begin until after the permittee applies for and receives a written modification of the 401 Water Quality Certification and the Randleman Lake Riparian Buffer Authorization from the NC Division of Water Quality This modification shall include compensatory mitigation for applicable impacts to streams wetlands or riparian buffers associated with U2412A General Conditions 22 Unless otherwise approved in this certification placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches to allow low flow passage of water and aquatic life Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or streambeds or banks adjacent to or upstream and down stream of the above structures The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWQ If this condition is unable to be met due to bedrock or other limiting features encountered during construction please contact NCDWQ for guidance on how to proceed and to determine whether or not a permit modification will be required 23 If concrete is used during construction a dry work area shall be maintained to prevent direct contact between curing concrete and stream water Water that inadvertently contacts uncured concrete shall not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills 24 During the construction of the project no stagmg of equipment of any kind is permitted in waters of the U S or protected riparian buffers 25 The dimension pattern and profile of the stream above and below the crossing shall not be modified Disturbed floodplams and streams shall be restored to natural geomorphic conditions 26 The use of rip rap above the Normal High Water Mark shall be minimized Any rip rap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage 27 The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval 28 All work in or adjacent to stream waters shall be conducted in a dry work area Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags rock berms cofferdams and other diversion structures shall be used to prevent excavation in flowing water 29 Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the introduction of other pollutants into the stream 30 All mechanized equipment operated near surface waters must be regularly inspected and maintained to Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit This Certification shall expire upon the expiration of the 404 or CAMA permit prevent contamination of stream waters from fuels lubricants hydraulic fluids or other toxic materials C' 31 No rock sand or other materials shall be dredged from the stream channel except where authorized by this certification 32 Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited 33 The permittee and its authorized agents shall conduct its activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other appropriate requirements of State and Federal law If NCDWQ determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated or that further conditions are necessary to assure compliance NCDWQ may reevaluate and modify this certification 34 All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3 1 unless otherwise authorized by this certification 35 A copy of this Water Quality Certification shall be maintained on the construction site at all times In addition the Water Quality Certification and all subsequent modifications if any shall be maintained with the Division Engineer and the on site project manager 36 The outside buffer wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification 37 The issuance of this certification does not exempt the Permittee from complying with any and all statutes rules regulations or ordinances that may be imposed by other government agencies (i a local state and federal) having jurisdiction including but not limited to applicable buffer rules stormwater management rules soil erosion and sedimentation control requirements etc 38 The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery 39 Upon completion of the project (including any impacts at associated borrow or waste sites) the NCDOT Division Engineer shall complete and return the enclosed Certification of Completion Form to notify NCDWQ when all work included in the 401 Certification has been completed 40 Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the project by the end of the growing season following completion of construction 41 There shall be no excavation from or waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification Should waste or borrow sites or access roads to waste or borrow sites be located in wetlands or streams compensatory mitigation will be required since that is a direct impact from road construction activities 42 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards a The erosion and sediment control measures for the project must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual b The design installation operation and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction sites borrow sites and waste pile (spoil) projects including contractor owned or leased borrow pits associated with the protect C For borrow pit sites the erosion and sediment control measures must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual d The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act 43 Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit This Certification shall expire upon the expiration of the 404 or CAMA permit If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing You may obtain the petition form from the office of Administrative hearings You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 00am and 5 OOpm except for official state holidays The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings The petition may be faxed provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailing address for the Office of Administrative Hearings is Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Facsimile (919) 431 3100 A copy of the petition must also be served on DENR as follows Mr William Cary General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This the 4th day of June 2012 DIVISION OF WATER QUALITY ,./Charles Wakild Director WQC No 3924 NCDWQ Project No Applicant Protect Name Date of Issuance of 401 Water Quality Certification County 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 Transportation Permitting Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 This form may be returned to NCDWQ 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 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 Agent s Certification Date 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 Permttee 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