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HomeMy WebLinkAbout20190231 Ver 1_Approval Letter_20191030DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Err0MF1rh#rtf4kI Quarlry October 29, 2019 Mr. Phil Harris, III, P.E. NCDOT Environmental Analysis Unit Manager 1598 Mail Service Center (MAIL) Raleigh, NC 27699-1598 Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the extension and relocation of NC 84 from NC 16 to SR1008 (Waxhaw-Indian Trail Road in Union County, Federal Aid Project No. STP-1316(10), TIP U-3467. NCDWR Project No. 20190231 Dear Mr. Harris: Attached hereto is a copy of Certification No. 004186 issued to The North Carolina Department of Transportation (NCDOT) dated October 29, 2019. If we can be of further assistance, do not hesitate to contact us. Sincerely, DOCUSigned by: EQ*4PW1Al 12DCD474 Linda Culpepper, Director Division of Water Resources Attachments Electronic copy only distribution: Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office Larry Thompson, Division 10 Environmental Officer Michael Turchy, NC Department of Transportation Amanetta Somerville, US Environmental Protection Agency Claire Ellwanger, US Fish and Wildlife Service Marla Chambers, NC Wildlife Resources Commission Beth Harmon, Division of Mitigation Services Donna Hood, NC Division of Water Resources, Mooresville Regional Office File Copy Popp D North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act 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. This certification authorizes the NCDOT to impact 0.24 acres of jurisdictional wetlands, 1,335 linear feet of jurisdictional streams and 0.02 acres of open water in Union County. The project shall be constructed pursuant to the application dated received February 21, 2019, with additional information requested on May 9 and August 13, 2019 and additional information subsequently received on June 14 and September 12, 2019, respectively. The authorized impacts are as described below: Stream Impacts in the Catawba River Basin Permanent Fill Temporary Fill Permanent Fill Temporary Fill Stream Impacts Total Stream Bank in Intermittent in Intermittent in Perennial in Perennial Requiring Site Impact Stabilization Stream Stream Stream Stream Mitigation (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) (linear ft) 1 (L-Sta 23) 333 26 359 333 5 (LrSta36+75) 214 10 224 0 7 Sta64+75) 175 20 195 0 8 LrSta81 94 136 38 268 0 8A L-Sta80+75 33 10 43 0 10(LrSta160) 160 110 21 291 0 11 LrSta180 114 273 94 481 387 12 Sta224+60 94 5 99 0 Ul (utility impact) 16 16 0 (L,Stal80) TOTAL 401 483 35 852 205 1960 720 Total Stream Impact for Project: 1960 linear feet. Permanent Impacts Requiring NC DWR Mitigation: 720 linear feet Permanent Impacts Requiring ACOE Mitigation: 1335 linear feet Wetland Impacts in the Catawba River Basin Site Fill (ac) Fill (temporary) (ac) Excavation (ac) Mechanized Clearing (ac) Hand Clearing (ac) Total Wetland Impact (ac) Impacts Requiring Mitigation (ac) 2 (LrSta26+50) <0.01 0.01 0.02 0.02 3 Sta29 <0.01 <0.01 0.01 0.01 4 (LrSta33) 0.10 0.03 0.13 0.13 6 Sta40 0.07 0.07 0.07 9 Sta95 <0.01 <0.01 0.01 0.01 Total 0.07 0.00 0.10 0.04 0.00 0.23 0.23 Total Wetland Impact for Project: 0.24 acres. DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 Open Water Impacts in the Catawba River Basin Site Permanent Fill in Open Waters (ac) Temporary Fill in Open Waters (ac) Total Fill in Open Waters (ac) 6 (LrSta40) 0.07 0.02 0.09 0.00 0.00 0.00 TOTAL 0.07 0.02 0.09 Total Open Water Impact for Project: 0.09 acres. The application provides adequate assurance that the discharge of fill material into the waters of the Catawba 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 February 21, 2019, additional information requested and received on May 9, 2019 and June 13, 2019 as well as August 13, 2019 and September 12, 2019, respectively. 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). 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: 1. 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. [15A NCAC 02H.0506(b)(2) and (b)(3) 2. West Fork of Twelve Mile Creek are class C; 303(d) waters of the State. West Fork of Twelve Mile Creek is on the 303(d) list for impaired use for aquatic life due to poor fish community. The NCDWR is very concerned with sediment and erosion impacts that could result from this project. The NCDWR recommends that the most protective sediment and erosion control BMPs be implemented in accordance with Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) to reduce the risk of further impairment to Twelve Mile Creek. Additionally, to meet the requirements of NCDOT's NPDES permit NCS0000250, the NCDWR requests that road design plans provide treatment of the storm water runoff through best management practices as detailed in the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual. 3. Additionally, part of the project may discharge to unnamed tributaries of Six -Mile Creek, a known habitat of the federally endangered Carolina Heelsplitter. The NCDWR recommends that the most protective sediment and erosion control BMPs be implemented in accordance with Design Standards in Sensitive Watersheds (15A NCAC 04B .0124) to reduce the risk of sedimentation to Six -Mile Creek. Additionally, to meet the requirements of NCDOT's NPDES permit NCS0000250, the NCDWR requests that road design plans provide treatment of the storm water runoff through best management practices as detailed in DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual. 4. In the event that discharges of sediment or other pollutants from the drainage system outfalls are found by DWR to cause or contribute to a violation of surface water quality standards, DWR may take enforcement action, or NCDOT and DWR shall conduct an assessment and implement the appropriate best management practices necessary to adequately address NCDOT's contribution to the water quality standards violation. Implementation of such best management practices shall be made within a reasonable timeframe as agreed upon by NCDOT and DWR; and may require NCDOT to obtain a 404 Permit from the Corps and a 401 Certification from the DWR. 5. Two copies of the final construction drawings shall be furnished to the 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 February 22, 2019. Any deviations from the approved drawings are not authorized unless approved by the NC Division of Water Resources. 6. Channel relocations shall be completed and stabilized, and approved on site by NCDWR 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. Relocation of the West Fork of Twelve Mile Creek will be monitored for stability, and repaired if necessary, for a period of 3 years. [I 5A NCAC 02H .0506(b)(3) At locations where ponds will be drained, proper measures will be taken to drain the pond with limited impact to upstream and downstream channel stability as well as to native aquatic species. Proper measures will be taken to avoid sediment release and/or sediment accumulation downstream as a result of pond draining. If typical pond draining techniques will create significant disturbance to native aquatic species, additional measures such as collection and relocation may be necessary to prevent a significant fish kill. NCDOT shall consult with NC Wildlife Resources staff to determine if there are any sensitive species, and the most appropriate measures to limit impacts to these species. The permittee shall observe any natural channel re-establishment or utilize natural channel construction techniques to ensure that the jurisdictional stream channel above and below the drained pond remain stable, and that no additional impacts occur within the natural stream channel as a result of draining the pond. [I 5A NCAC 2H.0506(b)(3) 8. 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 the NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact the NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. [I 5A NCAC 02H.0506(b)(2)] 9. 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. [15A NCAC 02H.0506(b)(2)] DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 10. 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. [15A NCAC 02H.0506(b)(2)] 11. For the 224 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. [ 15A NCAC 02H.0506(b)(2)] 12. 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. [15A NCAC 02H.0506(b)(2)] 13. Pipes and culverts used exclusively to maintain equilibrium in wetlands, where aquatic life passage is not a concern, shall not be buried. These pipes shall be installed at natural ground elevation. [I 5A NCAC 02H.0506(b)(2)] 14. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to turbidity shall be designed, constructed, and operated with sediment and erosion control measures that meet Design Standards in Sensitive Watersheds (15A NCAC 4B .0124). However, due to the size of the project, NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. 15. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological criteria exceedances shall not discharge stormwater directly to surface waters. Stormwater shall be treated using appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention ponds, etc.) prior to discharging to surface waters. 16. Compensatory mitigation for 1,335 linear feet of impact to streams is required. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Division of Mitigation Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. The DMS has indicated in a letter dated February 19, 2019 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -referenced project, in accordance with the DMS Mitigation Banking Instrument signed July 28, 2010. 17. Compensatory mitigation for impacts to 0.23 riverine wetlands is required. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation for the project. DMS has indicated in a letter dated February 19, 2019 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above -referenced project, in accordance with DMS's Mitigation Banking Instrument signed July 28, 2010. 18. 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 downstream 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. [15A NCAC 02H.0506(b)(2)] DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 19. 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. [15ANCAC 02B.0200] 20. 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. [15A NCAC 02H.0506(b)(2)] 21. 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. [15A NCAC 02H.0506(b)(2)] 22. 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. [I5ANCAC 02H.0506(b)(2)] 23. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 24. 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. [15A NCAC 02H.0506(b)(3) and (c)(3)] 25. 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. [I 5A NCAC 02H.0506(b)(3)] 26. 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. [15A NCAC 02H.0506(b)(3)] 27. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. [I5ANCAC 02H.0506(b)(3)] 28. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 29. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200] 30. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. 31. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 32. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. 33. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135] 34. 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 the 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, the NCDWR may reevaluate and modify this certification. [ 15A NCAC 02B.0200] 35. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. [ 15A NCAC 02H.0506(b)(2)] 36. 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. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 37. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization, including all non-commercial borrow and waste sites associated with the project, 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. [I 5A NCAC 02H.0541 and .0502] 38. 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. 39. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. [15A NCAC 02B.0506(b)(2)] 40. 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 the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(f)] 41. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) 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. [15A NCAC 0213.0231(b)(6)] DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 42. 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. [15A NCAC 02H.0506(b)(3) and (c)(3) 43. 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 [15A NCAC 02H.0506(b)(3) and (c)(3): 1. 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. 2. 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. 3. 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. 4. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 44. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of the top of bank, without prior approval from DWR. [15A NCAC 02H.0506(b)(3) and (c)(3)] Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, 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 DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 A copy of the petition must also be served on DEQ as follows: Mr. Bill F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center This the 29th day of October 2019 DIVISION OF WATER RESOURCES E DOCUSigned by: ��,(,L�141:A i�. 9C9886312DCD474_. Linda Culpepper, Director WQC No. 004186 DocuSign Envelope ID: 45DB33F4-D4E5-49AC-A315-A0697ACD9B17 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Err0MF1rh#rtf4kl Quarlly NCDWR Project No.: Applicant: Project Name: County: 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 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. 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 I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. RENorth Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000