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HomeMy WebLinkAbout20130477 Ver 2_Approval Letter_20130829NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary August 29, 2013 Dr. Greg Thorpe, PhD., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699 -1598 Subject: REISSUE: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act and RANDLEMAN BUFFER RULES with ADDITIONAL CONDITIONS for Proposed widening form SR 1003 (North Main Street) and SR 1820 (Skeet Club Road) to NC 68 in High Point, Guilford County, Federal Aid Project No. STP- 1820(2); WBS Element No. 34962.1.1, TIP U -3615. NCDWR Project No. 2013 -0477. Dear Dr. Thorpe: Attached hereto is a copy of Certification No. 3966 issued to The North Carolina Department of Transportation (NCDOT) dated July xx, 2013 originally issued on June 28, 2013. If we can be of further assistance, do not hesitate to contact us. Sincerely, Thom s oAkReXe�d�er Attachments cc: Jerry Parker, Division 7 Environmental Officer (electronic copy only) Chris Militscher, Environmental Protection Agency (electronic copy only) Travis Wilson, NC Wildlife Resources Commission (electronic copy only) Jason Elliott, NCDOT, Roadside Environmental Unit (electronic copy only) Beth Harmon, Ecosystem Enhancement Program (electronic copy only) Amy Euliss, NCDWR Winston Salem Regional Office (electronic copy only) File Copy Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 -807 -63001 FAX: 919 - 807 -6488 Internet: www.ncwaterouality.org An Equal Opportunity 1 Affirmative Action Employer One NorthCarolina Naturally 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 Resources (NCDWR) Regulations in 15 NCAC 2H.0500 and 15A NCAC 213 .0250. This certification authorizes the NCDOT to impact 2688 linear feet of jurisdictional streams, 0.85 acres of jurisdictional wetlands, 0.04 acres of open water, and 232798 square feet of protected riparian buffers in Guilford County. The project shall be constructed pursuant to the application dated received May 2, 2013 with additional information dated received June 20, 2013 and August 29, 2013. The authorized impacts are as described below: Stream Impacts in the Cape Fear River Basin for U3615A *FONSI approved and 4A reached prior to Intermittent Stream Mitigation Policy effective October 16, 2009. Total Stream Impact for U -3615A Project: 472 linear feet Stream Impacts in the Cape Fear River Basin for U3615B Site Permanent Fill Temporary Fill Permanent Fill Temporary Fill Total Stream impact (linear ft) Stream Impacts 1 119 16 Total Stream 0 2 in Intermittent in Intermittent in Perennial in Perennial 604 Requiring Site Wetland Requiring 699 10 Impact 699 3A Stream Stream Stream Stream 48 Mitigation 3B 119 4 (linear ft) 0 3C (linear ft) (linear ft) (linear ft) (linear ft) 63 (linear ft) 2 131 16 148 10 158 0 3 132 13 0.01 145 0 4 159 10 287 32 169 0* TOTAL 291 23 148 10 472 0 *FONSI approved and 4A reached prior to Intermittent Stream Mitigation Policy effective October 16, 2009. Total Stream Impact for U -3615A Project: 472 linear feet Stream Impacts in the Cape Fear River Basin for U3615B 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 1 119 16 135 0 2 Site 594 10 604 594 3 Wetland Requiring 699 10 709 699 3A Clearing (ac) 38 10 48 0 3B 119 4 123 0 3C 0.67 63 0.67 63 0 5 131 16 147 0 7 49 19 0.01 68 0 8 6 0.01 287 32 319 287 TOTAL 180 35 1919 82 2216 1580 Total Stream Impact for U -3615B Project: 2216 linear feet Wetland Impacts in the Cape Fear River Basin for U -3615B Total Wetland Impact for Project: 0.85 acres. Fill Total Impacts Excavation Mechanized Hand Site F1II (ac) (temporary) Wetland Requiring (ac) Clearing (ac) Clearing (ac) (ac) Impact (ac) Mitigation (ac) 3C 0.67 0.67 0.00 4 0.13 0.01 0.14 0.00 5 0.01 0.01 0.02 0.00 6 0.01 0.01 0.02 0.00 Total 1 0.15 0.00 1 0.68 1 0.02 1 0.00 1 0.85 1 0.00 Total Wetland Impact for Project: 0.85 acres. Open Water Impacts in the Cape Fear River Basin for U -3519B Site Permanent Fill in Open Waters ac Temporary Fill in n O Waters ac Total Fill in Open Waters ac 2A 0.02 minus Wetlands in Zone 2 (sq ft) 0.02 5A 0.02 3854 0.02 TOTAL 0.04 0.00 0.04 Total Open Water Impact for U -3615B Project: 0.04 acres. Randleman Riparian Buffer Impacts for U -3615A Randleman Riparian Buffer Impacts for U -3615B site Zone 1 Impact s 11 P (q ) minus Wetlands in Zone 1 (sq ft) = Zone 1 Buffers (not wetlands ) (sq ft) Zone 1 Buffer Mitigation Required q (3:1 ratio) Zone 2 Impact s 11 Pa (q ) minus Wetlands in Zone 2 (sq ft) = Zone 2 Buffers (not wetlands s ) (q ft) Zone 2 1 3854 minus = Zone 1 Zone 1 Buffer 1931 minus = Zone 2 Buffer 2 (road crossing) Zone 1 Wetlands Buffers (not Mitigation Zone 2 Wetlands Buffers (not 0 Site 36705 36705 110115 22604 22604 Mitigation 2A Impact (sq ft) in Zone 1 wetlands) Required Impact (sq ft) in Zone 2 wetlands) 14493 213 0 0 0 51 51 Required 3* 52487 (sq ft) (sq ft) (3:1 ratio) 31125 (sq ft) (sq ft) 46687.5 3A 2216 2216 0 623 623 (1.5:1 ratio 1 2370 2370 0 1792 1792 0 2 6278 6278 0 3988 3988 0 3 10201 10201 30603 5639 5639 8458.5 4 (road crossing) 7174 7174 21522 3536 3536 5304 4 (parallel) 5898 5898 17694 3605 3605 5407.5 TOTAL 31921 0 31921 69819 11 18560 0 r 18560 1 19170 Total Ruffer imnact for I1 -3615A Prniect: 50481snuare feet. Randleman Riparian Buffer Impacts for U -3615B site Zone 1 Impact s 11 P (q ) minus Wetlands in Zone 1 (sq ft) = Zone 1 Buffers (not wetlands ) (sq ft) Zone 1 Buffer Mitigation Required q (3:1 ratio) Zone 2 Impact s 11 Pa (q ) minus Wetlands in Zone 2 (sq ft) = Zone 2 Buffers (not wetlands s ) (q ft) Zone 2 Buffer Mitigatio Requirec (1.5:1 ratii 1 3854 3854 0 1931 1931 0 2 (road crossing) 4787 4787 0 2292 2292 0 2 (parallel) 36705 36705 110115 22604 22604 33906 2A 1369 1369 4107 9662 9662 14493 213 0 0 0 51 51 0 3* 52487 52487 157461 31125 31125 46687.5 3A 2216 2216 0 623 623 0 3B 6967 6967 0 4638 4638 0 3C 0 0 0 64 64 0 4 1166 1166 0 998 998 0 5 (road crossing) 8784 8784 0 5141 5141 0 5 (parallel) 175 175 525 877 877 1315.5 6 3478 3478 0 1674 1674 0 6A 1271 1271 0 834 834 0 7 3933 3933 0 2411 2411 0 8 8902 8902 26706 4658 4658 6987 8A (bypass) 1226 1226 0 2536 2536 0 8A(parallel) 1385 1385 4155 1493 1493 2239.5 TOTAL 138705 0 138705 303069 93612, 0 93612 105629 Total Buffer Impact for U -3615B Project: 232317 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 hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application dated received May 2, 2013 with additional information dated received June 20, 2013. Should your project change, you are required to notify the NCDWR 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 NCDWR. At this time, NCDWR 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 in Zone 2 of the buffers provided that Zone 1 is not compromised and that discharge is released as diffuse flow. 4. 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. NCDWR staff shall be invited to the pre- construction meeting. 5. Two copies of the final construction drawings shall be furnished to NCDWR 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 May 2, 2013 with additional information dated received June 20, 2013. Any deviations from the approved drawings are not authorized unless approved by the NC Division of Water Quality. 6. Channel relocations not for credit shall be completed and stabilized, and approved by DWR staff, prior to diverting water into the new channel. Stream banks shall be matted with coir -fiber matting. 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 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. 7. For the 150 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction contours and revegetated with appropriate native species. 8. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 9. Bridge deck drains 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 NCDWR 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. A turbidity curtain will be installed in Oak Hollow Lake if driving or drilling activities occur within the lake, on the bank, or within 5 feet of the top of bank. This condition can be waived with prior approval from DWR. 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 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. 17. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements of the NCG01000. Please note the extra protections for the sensitive watersheds. 18. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins, etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas, hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone - free tank is allowable at the appropriate rate in conjunction with the erosion control measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 19. NCDOT shall design, construct, and operate and maintain hazardous spill catch basins (HSCBs) at stream and lake crossing within the WS CA watershed. The HSCBs shall be located at Station numbers 183 +00 — L -(Rt), 191 +50- L -(Lt), 202 +00- L -(Lt), 222 +00- L -(Rt), 234 +50- L -(Rt), 242 +00- L -(Rt), 267 +00- L -(Lt), 272 +00- L -(Lt), 306 +00- L -(Rt), and 314 +50- L -(Rt). 20. Compensatory mitigation for impacts to 1580 linear feet of streams at a replacement ratio of 1:1 is required for U- 3615B. Compensatory mitigation for impacts to jurisdictional streams shall be provided by onsite stream relocations of 760 linear feet of UT 3 -3 West Fork of Deep River. The onsite stream relocation shall be constructed in accordance with the design submitted in your May 2, 2013 application. All on -site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. Please be reminded that as- builts for the completed streams shall be submitted to the North Carolina Division of Water Quality 401 Wetlands Unit with the as- builts for the rest of the project. If the parameters of this condition are not met, then the permittee shall supply additional stream mitigation for the 760 linear feet of impacts. All channel relocations will be constructed in a dry work area, will be completed and stabilized, and must be approved on site by NCDWR staff, prior to diverting water into the new channel. Whenever possible, channel relocations shall be allowed to stabilize for an entire growing season. All stream relocations shall have a 50 -foot wide native wooded buffer planted on both sides of the stream unless otherwise authorized by this Certification. A transitional phase incorporating rolled erosion control product (RECP) and appropriate temporary ground cover is allowable. 21. The permittee shall visually monitor the vegetative plantings to assess and ensure complete stabilization of the mitigation stream segments. Riparian area success shall be determined by conducting stem counts to ensure a tree survival rate of 320 stems /acre. The monitoring shall be conducted annually for a minimum of 3 years after final planting. Photo documentation shall be utilized to document the success of the riparian vegetation and submitted to NCDWR in a final report within sixty (60) days after completing monitoring. After 3 years the NCDOT shall contact NCDWR to schedule a site visit to "close out" the mitigation site. 22. Compensatory mitigation for 820 linear feet of impact to streams is required (excluding 760 linear feet to be mitigated for on- site). 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 April 23, 2013 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. 23. Compensatory mitigation for impacts to 101023 square feet of protected riparian buffers in Zone 1 (303069 square feet of mitigation) and 70419 square feet of protected riparian buffers in Zone 2 (105629 square feet of mitigation) shall be required for U3615B. In accordance with 15A NCAC 02B .0252, riparian vegetation reestablishment shall include a minimum of at least 2 native hardwood tree species planted at a density sufficient to provide 320 trees per acre at maturity. All on -site mitigation sites shall be protected in perpetuity by a conservation easement or through NCDOT fee simple acquisition and recorded in the NCDOT Natural Environment Unit mitigation geodatabase. 24. The permittee shall monitor the buffer mitigation site. Monitoring shall consist of stem counts. An annual report shall be submitted to NCDWR for a period of 5 years showing monitoring results, survival rate/ success of tree and vegetation establishment, and that diffuse flow through the riparian buffer has been maintained. The first annual report shall be submitted within one year of final planting. Failure to achieve a buffer density of 320 trees per acre after 5 years will require the annual report to provide appropriate remedial actions to be implemented and a schedule for implementation. Approval of the final annual report, and a formal "close out" of the mitigation site by NCDWR is required. 25. Compensatory mitigation for 303069 square feet of riparian buffers in Zone 1 and 105629 square feet in riparian buffer Zone 2 shall be required for U3615B. We understand that 45810 square feet of protected riparian buffer in zone 1 and 29829 square feet of protected riparian buffer in zone 2 are being performed on -site. We understand that you have chosen to perform compensatory mitigation for the remaining 257259 square feet of riparian buffer in zone 1 and 75800 square feet of riparian buffer in zone 2 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 .0252. EEP has indicated in a letter dated August 20, 2013 that they will assume responsibility for satisfying the compensatory mitigation requirements for the above - referenced project, in accordance with EEP's Mitigation Banking Instrument signed July 28, 2010. 26. When final design plans are completed for U- 3615A, a modification to the 401 Water Quality Certification and the Randleman River Riparian Buffer Certification shall be submitted with 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 -3615A shall begin until after the permittee applies for, and receives a written modification of the 401 Water Quality Certification and the Randleman River Riparian Buffer Authorization from the NC Division of Water Quality. General Conditions 27. 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 NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. 28. 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. 29. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or protected riparian buffers. 30. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. 31. 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. 32. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 33. Prior to commencing ground disturbing activities, an acceptable monitoring and mitigation plan for the presence of sulfide- bearing rock must be approved by DWR. 34. 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. 35. 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. 36. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 37. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 38. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 39. 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 NCDWR 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, NCDWR may reevaluate and modify this certification. 40. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 41 "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. 42. 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. 43. 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.e. local, state, and federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and sedimentation control requirements, etc. 44. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of discovery. 45. 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 NCDWR when all work included in the 401 Certification has been completed. 46. 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. 47. 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. 48. 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 project. 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. 49. 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:OOam 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. Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This the 29th day of August 2013 DIVISION OF WATER RESOURCES Thomas A. Reeder WQC No. 3966 NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary NCDWR Project No.: Applicant: Project 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 NCDWR 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: Date: Engineer's Certification Partial Final 1, , 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 Transportation and Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX: 919 - 807 -6488 Internet: www.ncwaterouality.om An Equal opportunity 1 Affirmative Action Employer Registration No. NorthCarohna Naturally