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HomeMy WebLinkAbout20080292 Ver 1_Approval Letter_20080409Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality April 9, 2008 Pitt County DWQ Project No. 20080292 APPROVAL of 401 WATER QUALITY CERTIFICATION and NEUSE RIVER BUFFER AUTHORIZATION with ADDITIONAL CONDITIONS Mr. Jay Johnson NCDOT, Division 2 PO Box 1587 Greenville, NC 27835 Dear Mr. Johnson: You have our approval, in accordance with the attached conditions and those listed below, for the following impacts: Buffer Zone 1 Buffer Zone 2 Streams Site Number (square ft) (square ft) (linear ft) SR 1755 1,340 205 45 Net Total Im acts 1,545 45 ft The project shall be constructed in accordance with your. application dated February 12, 2008, for the purpose of replacing Bridge 179 with a pipe on an unnamed tributary to Clayroot Swamp on SR 1755 in Pitt County. After reviewing your application, we have decided that these impacts are covered by General Water Quality Certification Number 3704. This certification corresponds to General Permit 31 issued by the Corps of Engineers. This approval shall also act as your Authorization Certificate as required within the Neuse River Riparian Buffer Rules (15A NCAC 2B .0233). 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-Dischazge and Water Supply Watershed regulations. This approval will expire with the accompanying 404 permit issued by the US Army Corps of Engineers. 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 1501ineaz 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 "CertiS~cation 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. 2.) All mechanized equipment operated neaz surface waters must be regulazly inspected and maintained to prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. 3.) Dischazging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 4.) No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. N. C. Division of Water Quality FAX (252) 946-9215 N~" Caro ~' a 943 Washington Square Mall Washington, N.C. 27889 Telephone (252) 946-6481 ~tl!!'Qfll,/ Internet: vhnrw.nc~aterquality.org An Equal OpportunitylAffinnat+veActicn Empbyer- 50% Recyded110% Post Consumer Paper 5.) The outside buffer, wetland or water boundary located within the construction comdor 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. 6.) Native riparian vegetation must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 7.) There shall be no waste disposal into jurisdictional wetlands or waters associated with this permit without appropriate modification. Should waste or borrow sites be located in wetlands or stream, compensatory mitigation will be required since it is a direct impact from road construction activities. 8.) 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. 9.) The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 10.) 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. 11.) Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation, 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 Ma~sual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 12.) Heavy equipment must be operated from the banks rather than in the stream channel in order to minimize sedimentation and reduce the likelihood of introducing other pollutants into the stream. 13.) If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 14.) All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1. 15.) Placement of culverts and other structures in waters, streams, and wetlands 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 DWQ. )f this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 16.) 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. ff DWQ determines that such standards or laws aze 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, DWQ may reevaluate and modify this certification. 17.) A copy of this Water Quality Certification shall be posted 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. 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. 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 Garcy Wazd at (252) 948-3922. S' cerel , r, AI Hodge/ upervisor Division of Water Quality Surface Water Protection Washington Regional Office Attachment cc: Mr. William Wescott, US Army Corps of Engineers, Washington Field Office Sonia Gregory, DWQ, 401/Wetlands Unit Central Files File Copy Water Quality Certification N°. 3704 Water Quality Certification Number 3704 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 (DWQ) Regulations in 15A NCAC 2H, Section .0500 and 15A NCAC 26 .0200 far the discharge of fill material to waters and adjacent wetland areas or to wetland areas that are not a part of the surface tributary system to interstate waters or navigable waters of the United States (as described in 33 CFR 330 Appendix A (B) (14) of the Corps of Engineers regulations (Nationwide Permit No. 14 and Regional General Permit 198200031) and for the Riparian Area Protection Rules (Buffer Rules) in 15A NCAC 2B .0200. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303,. 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Any proposed fill or modification of wetlands and/or waters, including streams, under this General Certification requires application to, and written approval ftom the Division of Water Quality (the "Division") except for the single family lot exemption described below. Application and written approval is not required for construction of a driveway to a single family lot as long as the driveway involves less than 25 feet of temporary and/or permanent stream channel impacts, including any in-stream stabilization needed for the crossing. This activity must meet all of the Conditions of Certification listed below. If any of these Conditions cannot be met, or N the activity is associated with or in response to a Notice of Violation from the Division of Water Quailty or the NC Division of Land Resources, then written approval from the Division is required. In accordance with North Carolina General Statute Section 143-215.3D(e), written approval for a 401 Water Quality General Certification must include the appropriate fee. If a project also requires a CAMA Permit, one payment to both agencies shall be submitted and will be the higher of the two fees. Conditions of Certification: No Impacts Beyond those Authorized in the Written Approval or Beyond the Threshold for Use of this Certification No waste, spoil, solids, or fill of any kind shalt occur in wetlands, waters, or riparian areas beyond the footprint of the impacts authorized in the written approval or beyond the thresholds for use of this Certification, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 2. Standard Erosion and Sediment Control Practices 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: Water Quality Certification No. 3704 Water Quality. Certification N°. 3704 a. 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. b. 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 Sun`ace Mining Manual. c. Reclamation measures and implementation must comply with the. reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. d. Sufficient materials required for stabilization and/or repair of erosion control measures and .stormwater routing and treatment shall be on site at all times, except for publicly funded linear transportation projects when materials can be accessed. offsite in a timely manner. e. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNA's), Trout (Tr), SA, WS-l, WS-II, High Quality (HQW), or Outstanding Resource (ORW) waters, then the sediment and erosion control requirements contained within Design Standards in Sensitive Watersheds (15A NCAC 046.0124) supersede all other sediment and erosion control requirements. 3. No Sediment and Erosion Control Measures in Wetlands or Waters Sediment and erosion control measures should not be placed in wetlands or waters outside of the permitted impact areas without prior approval by the Division. If placement of sediment and erasion control devices in wetlands and waters is unavoidable, design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and down stream of the above structures. All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project. 4. Construction stormwater Permit NCG010000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCG010000) administered by the Division is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions inGuding the sedimentation control plan, self-monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.us/su/Forms Documents.htm. The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within. the most recent version of their individual NPDES (NCS000250) stormwater permit. Water Quality Certification No. 3704 mater Quality Cer#ification N°. 3704 5. Work in the Dry All work in or adjacent to stream waters shall be conducted in a dry work area: Approved best management practices from the most current version of the NC Sediment and ;Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require submittal to, and approval by, the Division of Water Quality. 6. Construction Moratoriums and Coordination If activities must occur during periods of high biological activity. (i.e. sea turtle or bird nesting), then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. This condition can be waived through written concurrence on acase-by-case basis upon reasonable justification. All moratoriums on construction activities established by the NC Wildlife Resources Commission (WRC), US Fish and Wildlife Service- (USFWS), NC Division of Marine Fisheries (DMF), or National Marine Fisheries Service (NMFS) to lessen impacts on trout, anadromous fish, larval/post-larval fishes and crustaceans, orother aquatic species of concern shall be implemented. This condition can be waived through written concurrence on acase-by-case basis upon reasonable justification. Work within the twenty-five (25) designated trout counties or identified state or federal . endangered or threatened species habitat shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. 7. Riparian Area Protection (Buffer) Rules Activities Cocated in the protected 50-foot wide riparian areas (whether jurisdictional wetlands or not), within the Neuse, Tar-Pamlico, Catawba, or Randleman (or any other basin with buffer rules), shall be limited to "uses" identified within and constructed in accordance with 15A NCAC 2B A233, .0259, .0250 and .0243, and shat{ be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices. All buffer rule requirements, including diffuse flow requirements, must be met. 8. Water Supply Watershed Buffers The 100-foot wide vegetative buffer (high-density development) or the 30-foot wide vegetative buffer (low density development) shall be maintained adjacent to all perennial waters except for allowances as provided in the Water Supply Watershed Protection Rules (15A NCAC 2B .0212 through .0215J. 9. If concrete is used during the construction,. then a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life/fish kills. 10. Compensatory Mitigation In accordance with 15A NCAC 2H .0506 (h), compensatory mitigation may be required for losses of 150 linear feet or more of streams andlor one (1) acre or more of wetlands. For linear, public transportation projects, impacts equal to or exceeding 150 linear feet per stream may require mitigation. Water Quality Certification No. 3704 Water Quality Certification N°. 3704. In watersheds classified as: ORW, HQW, Tr, WS-I, and WS-II, compensatory stream mitigation may be required at a 1:1 ratio for not only perennial but also intermittent stream impacts equal to or exceeding 150 feet, unless the project is a linear, publicly-funded transportation project, which has a 150-foot per-stream impact allowance. Buffer mitigation may be required for any project with Buffer Rules in effect at the time of application for buffer impacts resulting .from activities classified as "Allowable. with Mitigation" within the Buffer Rules or require a variance under the Buffer Rules. A determination of buffer, wetland and stream mitigation requirements shall be made by the Division for any application to use this Certification. Design and monitoring protocols shall follow the tJS Army Corps of Engineers Wilmington District Stream Mitigation Guidelines (April 2003), or its subsequent updates. Compensatory mitigation plans shall be submitted for written Division approval as required in those protocols. Alternatively, the Division will accept payment into an in-lieu fee program or credit purchase from a mitigation bank. Finally, the mitigation plan must be implemented and/or constructed before any permanent building or structure on site is occupied. In the case of public road projects, the mitigation plan must be implemented before the .road is opened to the public whenever practical or at the earliest reasonable time during the construction of the project. Proof of payment to an in- lieu fee program or mitigation bank must be provided to the Division to satisfy this requirement. 11. For all activities requiring re-alignment of streams, a stream relocation plan must be included for written Division approval. Relocated stream designs should include the same dimensions, patterns and profiles as the existing channel (or a stable reference reach if the existing channel is unstable), to the maximum extent practical. The new channel should be constructed in the dry and water shall not be turned into the new channel until the banks are stabilized. Vegetation used for permanent bank stabilization shall be limited to native woody species, and should include establishment of a 30-foot wide wooded and an adjacent 20-foot wide vegetated buffer on both sides of the relocated channel to the maximum extent practical. A transitional phase incorporating appropriate erosion control matting materials and seedling establishment is allowable. Rip-rap, A-Jacks, concrete, gabions or other hard structures may be allowed if it is necessary to maintain the physical integrity of the stream, however, the applicant must provide written justification and any calculations used to determine the extent of rip-rap coverage. Please note that if the stream relocation is conducted as a stream restoration as defined in the US Army Corps of Engineers Wilmington District, April 2003 Stream Mitigation Guidelines, the restored length can be used as compensatory mitigation for the impacts resulting from the relocation. 12. Stormwater Management Plan Requirements A. For applicants other than the North Carolina Department of Transportation, a Stormwater Management Plan in accordance with the version of Stormwater Management Plan (SMP) Requirements for Applicants other than the North Carolina Department of Transportation posted on the Division web site at the time of application shall. be provided for any project that meets both of the following two criteria: . i. Requires this 401 Water Quality Certification, (regardless of whether written authorization is required by the Division), AND Water Quality Certification No. 3704 Water Quality Certification N°. 3704 ii. Contains one or more drainage areas that are anticipated to have impervious surface cover of equal to or greater than 24 percent. When drainage areas are difficult to delineate or when a pocket of high density exists within a drainage area, the Division shall use best professional judgment to apply the SMP requirement as appropriate. Use of this Certification to construct a private driveway to one single-family residential lot will not trigger the stormwater management plan requirement. B. For the North Carolina Department of Transportation, compliance with NCDOT's Individual NPDES permit NCS000250 shall serve to satisfy this condition. 13. If this Water Quality Certification is used to access building sites, all lots owned by the applicant must be buildable without additional fill. For road construction purposes, this General Water duality Certification shall only be utilized from natural high ground to natural high ground. 14. Placement of Culverts and Other Structures in Waters and Wetlands The application must include construction plans with cross-sectional details in order to indicate that the current stability of the stream will be maintained or enhanced (i.e., not result in head cuts). Culverts required for this project shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows:: Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert. Placement of culverts and other structures in waters, streams, and wetlands must 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 or equal to 48 inches, to allow low flow passage of water and aquatic life unless otherwise justified and approved by the Division Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Additionally, when roadways, causeways or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges must be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. Any rip rap required for normal pipe burial and stabilization shall be buried such that the original stream elevation is restored and maintained. The establishment of native, woody vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip-rap or other bank hardening methods. 15. Additional site-specific conditions may be added to the written approval in order to ensure compliance with all applicable water quality and effluent standards. 16. If an environmental document is required under the National or State Environmental Policy Act (NEPA or SEPA), then this General Certification is not valid until a Finding of No Significant Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. Water Quality Certification No. 3704 Water Quality Certifcation N°. 3704 Effective date: November 1, 2007 DIVISION OF WATER QUALITY By Coleen H. Sullins Director History Note: Water Quality Certification Number 3704 replaces Water Quality Certification Number 2177 issued on November 5, 1987; Water Quality Certification Number 2666 issued on January 21, 1992; Water Quality Certification Number 2732 issued on May 1, 1992; Water Quality Certification Number 3103 issued on february 11, 1997; Water Quality Certification Number 3289 issued on June 1, 2000; Water Quality Certification Number 3375 issued March 18, 2002, Water Quality Certification Number 3404 issued March 2003 and Water Quality Certification Number . 3627 issued March 2007. This W(~C is rescinded when the Corps of Engineers re-authorizes Nationwide Permit 14 or Regional General Permit 198200031 or when deemed appropriate by the Director of the Division of Water Quality. Water Quality Certification No. 3704 7 Water Quality Certification N°. 3704 17. Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and .buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification may be modified as appropriate to suit to a specific project. 18. Certificate of Completion When written authorization is required for use of this certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required to return the certificate of completion attached to the approval. One copy of the certificate shall be sent to the DWQ Central Office in Raleigh at 1650 Mail Service Center, Raleigh, NC, 27699-1650. 19. This General Certification shall expire three (3) years from the date of issuance of the written approval. from the Division or on the same day as the expiration date of the corresponding Nationwide Permit 14 or Regional General Permit 198200031. In accordance with General: Statute 136-44.76, certifications issued to the NCDOT shall expire only .upon expiration of the federal 404 Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. If the construction process for approved .activities will overlap the expiration and renewal. date of the corresponding 404 Permit and the Corps allows for continued use of the 404 Permit, then the General Certification shall. also remain in effect without requiring re-application and re-approval to use this Certifcation for the specific impacts already approved. 20. The applicant/permittee and their authorized agents shall conduct all activfties 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 the Division determines that such standards or laws are not being met, including 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, then the Division may reevaluate and modify this General Water Quality Certification. Non-compliance with or violation of the conditions herein set forth by a specific fill project may result in revocation of this Certification for the project and may also result in criminal and/or civic penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity , if it is determined that the project is likely to have a signifrcant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded. Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. Water Quality Certification No. 3704 ~ WA~-lc Michael F. Easley, Governor Q 9 William G. Ross Jc, Secxetary ~O~ QG North Carolina Department of Environment and Natural Resources Uj r Coleen H. Sullins Director ~ Division of Water Quality --> DWQ Project No.: County: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: 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 4O1/Wetlands Unit, North Cazolina 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, ,hereby state that, to the best of my abilities, due caze 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: Agent'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: 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 Registration No. Date Noo Caro%/~a Transportation Permitting Unit ~ "`tuCQ"~ 1650 Mail Service Center, Ralegh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-68931 Internet: httn://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Adion Empbyer- 50°r6 Recyded/10% Post Consumer Paper