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HomeMy WebLinkAbout20061632 Ver 1_Time Ext Request_20130130Homewood, Sue From: Darling, -Richard (RDarling@mbakercorp.com] Sent: Wednesday, January 30, 2013 2:44 PM To: Joh n.T.Thomas.Jr@usace.army. mi1; Homewood, Sue Cc: Williams, Andrew E SAW Subject: RE: USACE Action ID SAW 2006-41354 241; DWQ # 20061632;,PTIA Runway 5R/23L RSA (UNCLASSIFIED) . John/Sue: PTAA have yet to confirm their intent to construct the Runway 5R/23L RSA project per the subject permit prior to December 31, 2013. If, however, they do elect to abandon this permit because the project will not be funded or commenced before the end•of this year; then what is the status of the mitigation completed as compensation for the -wetland acreage and stream length which were not impacted? A total of 0.21 acres (comprised of 0.09 acres of wetlands and 674 linear feet stream channel) of jurisd'ictional'waters of the U.S. was anticipated to be impacted by the proposed. project. These potential unavoidable impacts have already been mitigated by creating 0.6 acres of wetlands (for 0.10 credit at 6:1 "creation" ratio) and- restoring 1,123 linear feet stream (for 702 credits at 1.6:1."off-site" ratio) (the "Wetland and Stream Mitigation Plan" dated October 2006; was attached to the original permit application). Will•PTAA-be permitted to apply the 1,123 I.f. stream credit (at Causey Farm; determined successful) and 0.6 ac. wetland credit (at Brush Creek BC -2, fifth year of success monitoring completed 2012, report submitted 1/29/2012) as compensation for other potential impacts in future permit application(s)? Thanks for any advice.— Richard- Richard B. Darling I Environmental Manager Michael Baker Engineering 8000 Regency Pkwy., Suite 600 1 Cary, NC 27518 1 919.463.5488 (office) 1919.481.57.40 (direct) rdarling@mbakercorp.com I www.mbakercorp.com -----Original Message ----- From: Williams, Andrew E SAW [mailto:Andrew.E.Williams2@usace.army.mill Sent: Wednesday, December 19, 2012 10:24 AM To: Darling, Richard Subject: RE: USACE Action ID SAW 2006-41354 241; DWQ # 20061632; PTIA Runway 5R/23L RSA (UNCLASSIFIED) Classification: UNCLASSIFIED I PTI PIEDMONT TRIAD AIRPORT AUTHORITY December 19, 2012 U.S. Army Corps of Engineers Wilmington District Raleigh Regulatory Field Office 3331 Heritage Trade Dr., Suite 105 Wake Forest, NC 27587 Attention: Mr. Andrew Williams N.C.Dept. of ENR DEC 21 2012 Winston-Salem Raaional Office Subject: Action ID SAW 2006-41354 241; DWQ # 20061632 Request for Time Extension for Section 404 Permit and Section 401 Water Quality Certification for Runway 511 Safety Area and Related Improvements Piedmont Triad International Airport, Greensboro, North Carolina Dear Mr. Williams: The Piedmont Triad Airport Authority (PTAA) hereby applies for time extension of the Individual Permit and Water Quality Certification under Sections 404 and 401 of the Clean Water Act and 15A NCAC 2H.0500 for unavoidable impacts to jurisdictional waters of the U.S. in conjunction with Runway 5R Runway Safety Area (RSA) Improvements at Piedmont Triad International Airport (PTIA). Project specifics (need, purpose, proposed impacts, etc.) have not changed since the original application in 2006; construction of the project has not yet commenced due to FAA funding schedule. Potential unavoidable impacts have already been mitigated per the previously submitted mitigation plan. We appreciate your consideration of this request. Please feel free to contact me with any questions or comments at (336) 665-5600. Sincerely, PIEDMONT TRIAD AIRPORT AUTHORITY 0 4 &/-__ J. Alex Rosser, P.E. Director of Planning and Engineering Enclosures Section 404 Individual Permit SAW -2006-41354 241 Section 401 Water Quality Certification # 20061632 cc: UVIs. Sue Homewood, DWQ Winston_Salem_Regional_Officel' Richard Darling, Michael Baker Engineering February 14, 2008 Regulatory Division Action 1D. SAW 2006 41354 241 Mr. Mickie Elmore Piedmont Triad Airport Authority P.O. Box 35445 Greensboro, North Carolina 27425 Dear Mr. Elmore: f' RECEIVED FEB 2 5 2008 RALEIGH REGULATORY FIELD OFF ICE Enclosed is a Department of the Army permit authorizing placement of fill material associated with Federal Aviation Administration (FAA) standards required runway 5R/23L safety improvements including a runway threshold relocation and Glidescope antenna array construction impacting 0.09 acre of wetland and 674 linear feet of stream channels of the jurisdictional waters of an unnamed tributary of Horsepen Creek. The project site is located at the existing Piedmont Triad International Airport facility off of Airport Parkway, in Greensboro, Guilford County, North Carolina. The Corps is issuing this permit in response to your written request of October 18, 2006, and the ensuing administrative record. Any deviation in the authorized work will likely require modification of this permit. If a change in the authorized work is necessary, you should promptly submit revised plans to the Corps showing the proposed changes. You may not undertake the proposed changes until the Corps notifies you that your permit has been modified. Carefully read your permit. The general and special conditions are important. Your failure to comply with these conditions could result in a violation of Federal law. Certain significant conditions require that: a. You must complete construction before December 31, 2012. b. You must allow representatives from this office to make periodic visits to your worksite as deemed necessary to assure compliance with permit plans and conditions. You must notify this office in advance as to when you intend to commence and complete work. -2- You should address all questions regarding this authorization to Mr. John Thomas at the Raleigh Regulatory field Office, telephone (919) 876-84.41 ext. 25. FILENAME:PIEDMONT TRIAD AIRPORT ,� Sincerely,CESAW-RG-R/THONCkS� l q ���� CESAW-OC/MGC4RCU CESAW-RG/7' CESAW=RG _ 6� CESAW-RG/FILE John E. Pulliam, Jr. Colonel, U.S. Army District Commander Enclosures Copy Furnished (with enclosures): Chief, Source Data Unit NOAA/National Ocean Service ATTN: Sharon Tear N/CS261 1315 East-West Hwy., Rm 7316 Silver Spring, MD 20910-3282 Copies Furnished (with special conditions and plans): Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section 61 Forsyth Street Atlanta, Georgia 30303 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. David Rackley National Marine Fisheries Service 219 Fort Johnson Road Charleston, South Carolina 29412-9110 BCF: CESAW-RG/JOLLY CESAW-RG-R/MANUELE CESAW-RG/WICKER CESAW-RG-R/THOMAS READING FILE DEPARTMENT OF THE ARMY PERMIT Permittee: PIEDMONT TRIAD AIRPORT AUTHORITYRlzr%V�-W.VEFD MR. MICKIE ELMORE F EB 13 2008 REG(Juil- - Permit No: 2006-41354 ft&,,FLD til Issuing Office: USAED, WILMINGTON NOTE: The term GOyou" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted activity or the appropriate official of the office acting under the authority of the commanding officer. You are authorized to perform work in the accordance with the terms and conditions specified below. Project Description: Place fill material associated with Federal Aviation Administration (FAA) standards required runway 5R/23L safety improvements including a runway threshold relocation and Glidescope antenna array construction impacting 0.09 acre of wetland and 674 linear feet of stream channels of the jurisdictional waters of an unnamed tributary of Horsepen Creek. Project Location: The proposed project site is located at the existing Piedmont Triad International Airport (PTIA) facility off of Airport Parkway, in Greensboro, Guilford County, North Carolina. Coordinates (in decimal degrees) for the site are 36.1111 North, -79.9208 West. The site is adjadent to an unnamed tributary of Horsepen Creek in the Cape Fear River Basin (8 -Digit Cataloging -Unit 03030002). Permit Conditions: General Conditions: 1. The time Limit for completing the work authorized ends on December 31, 2012 If you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least one month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Conditions 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification of this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine ,if the remains warrant a recovery effort or if the site eligible for listing in the National Register of Historic Places. ENG Form 1721, Nov 86 EDITIONS OF SEP 82 IS OBSOLETE. (33 DFR 32S (Appendix A)) 4. If you sell the property associate with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. 5. If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. Special Conditions: *SEE ATTACHED SPECIAL CONDITIONS Further Information: 1. Congressional Authorities: You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S. C. 403). ( X) Section 404 of the clean Water Act (33 U.S.C. 1344). ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413). 2. Limits of this authorization. a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project. 3. Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United states in the public interest. c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. d. Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification, suspension, or revocation of this permit. 4. Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public interestwas mad in reliance on the information you provided. 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require a reevaluation include, but are not limited to, the following: a. You fail to comply with the terms and conditions of this permit. b. The information provided by you in support of your permit application proves to have been false, incomplete, or inaccurate (see 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision. Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation procedures contained in 33 CFR 325.7 or enforcement procedures -such as those contained in 33CFR 326.4 and 326.5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations (such as those specified in 33 CFR 209.170) accomplish the corrective measure by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time Iimit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. (- [I, G)8 (DATE) MR. )MCKIE ELMORE This perutif becomes effective when the Federal official, designated to act for the Secretary of the Army, has signed below. 2- Zo -ae (DISTRICT Co mander) JOHN E.ULIA�4)JR., COLONEL (DATE) When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (Transferee) (Date) *U.S. GOVERNMENT PRINTING OFFICE: 1986-717-425 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources October 9, 2007 Coleen H, Sullins, Director Division of Water Quality ft W0% Mr. Mickie Elmore Piedmont Triad Airport Authority OCT- 1 1 2007 P.O. Box 35445 Sake Greensboro, NC 27425 A��®,�1ee� Re: PTIA: Runway 5R Safety, Guilford County - DWQ #20061632; USACE Action ID. No. SAW 2006 41354 241 APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Elmore: Attached hereto is a copy of Certification No. 3.708 issued to Mr. Mickie Elmore and Piedmont Triad Airport Authority, dated October 9, 2007. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non -discharge and Water Supply Watershed regulations. If we can be of fiuther assistance, do not hesitate to contact us. Sin ly, m Coleen H. Sullins, Director CHS/cbk/ijm " Attachments: Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE Daryl Lamb, DWQ, Winston-Salem Regional Office DLR Winston-Salem Regional Office File Copy Central Files Richard Darling, Baker and Associates, 7800 Airport Center Drive, Suite 100, Greensboro, NC 27409 Filename: 061632PTIARunway5RSafety(Guilford)401_IC 401 Oversight/Express Review Permits Unit 1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Winston-Salem, Noah Carolina 27604 Phone: 919-733.1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.uslncwetlands An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper Nope Caro]]��na �tlfCRl�lf Mr. Mickie Elmore and Piedmont Triad Airport Authority Page 2 of 5 October 9, 2007 NORTH CAROLINA 401, WATER QUALITY CERTIFICATION 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 (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Mickie Elmore and Piedmont Triad Airport Authority, to fill or otherwise impact 0.09 acres of 404/wetland and 674 linear feet of stream (526 linear feet of perennial stream and 148 linear feet of intermittent stream) to construct the proposed airport expansion which is located on the northern end of the existing runway 5R/23L of the PTIA facilities adjacent to Airport Parkway, west of Greensboro, In Guilford County, North Carolina, pursuant to an application dated October 6, 2006 and received by the DWQ on October 18, 2006, and by Public Notice by the U.S. Army Corps of Engineers issued on the 16th day of November 16 of 2006 (received by DWQ on November 17, 2006). The application and supporting documentation provides adequate assurance that the proposed work 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, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification." Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H.0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Amount Approved (Units) Plan Location or Reference 404/Wetland 0.09 (acres) Application lication and Public Notice Stream 674 [(linear feet) - 5261inear Application and Public Notice feet of perennial stream and 148 linear feet of intermittent stream] Mr. Mickie Elmore and Piedmont Triad Airport Authority Page 3 of 5 October 9, 2007 Sediment and Erosion Control: i ,4 2. Erosion and sediment control practices must be in full compliance with all specifications governingthe 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. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the 404/40 1 Permit Application.. 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; 4. Sediment and erosion control measures shall not.bo placed in wetlands or waters, to the maximum extent practicable: If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing - The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fenq�ng (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404; Continuing Compliance: 6. Mr. Mickie Elmore and Piedmont Triad Airport Authority shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division 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, the Division may reevaluate. and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Mickie Elmore and Piedmont W Mr. Mickie Elmore and Piedmont Triad Airport Authority Page 4 of 5 'October 9, 2007 Triad Airport Authority, and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 211.0504. Any new or revised conditions shall be provided to Mr. Mickie Elmore and Piedmont Triad Airport Authority in writing, shall be provided to the United States Army Corps of Engineers,for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Mitigation: 7, Compensatory Mitigation Mitigation must be provided for the proposed impacts as specified in'the table below. We understand that you are proposing on-site creation of 0.6 acres of wetland, and off-site restoration of 1,123 linear feet of stream as mitigation for the proposed impacts. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. .8. Construction Stormwater Permit NCGO10000 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 (NCGO10000) administered by DWQ 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 including 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 htW:11h2o enr.state.nc.us/su/Fornss, Documents.htm.; 9. Written Stormwater Management Plan (Final Approval Needed) The final, written stormwater management plan approval on letterhead from the reviewing local government and one copy of the approved stormwater management plan, including plan details, calculations and other supporting information, must be received by this Office before the impacts specified in this Certification occur. Also, before any permanent building is. occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan. (as approved by this Office) shall be implemented. The approved structural stormwater practices as well as drainage patterns must be maintained in perpetuity. No changes to the structural stormwatef practices shall be made without written authorization from the Division of Water Quality. 10. 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 Mr. Mickie Elmore and Piedmont Triad Airport Authority Page 5 of 5 October 9, 2007 return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Winston-Salem, NC, 27699-1650. Also, this approval to proceed with your.proposed iimpacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit, If this Certification is unacceptable to you,,you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Winston-Salem, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be final and binding. This the 91h day of Oct r 2007 DIVI IONF T ALITY Coleen H. Sullins, Director 3708 CHS/cbk/Ym DWQ Project No.: Applicant: Project Name: Certification of Completion County: Date of Issuance of Certification or Authorization: Certificate of Completion Upon completion of all .work 'approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form inay 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 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: R 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: If this project was designed by a Certified Professional' I, as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) 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