HomeMy WebLinkAbout20191337 Ver 1_Approval Letter_20191202DocuSign Envelope ID: D3592033-FF93-4E24-AEB7-2993D33BE002
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
ErrOMFIrh#rtfdI Quarlry
December 2, 2019
Mecklenburg County
NCDWR Project No. 20191337v.I
I-485 Express Lanes
STIP No. I-5507
APPROVAL of 401 WATER QUALITY CERTIFICATION with ADDITIONAL CONDITIONS
Mr. Phil Harris, III, P.E.
NCDOT Environmental Analysis Unit Manager
1598 Mail Service Center
Raleigh, NC 27699-1598
Dear Mr. Harris:
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
adding express lanes to I-485 in southern Mecklenburg County.
For stream impacts listed in the table below, please be advised that the orange highlights signify pipe/culvert
extensions that have been approved for the requested exemption from the burial requirement. No other exemptions
are given, express or implied, from the burial requirement and the permitting agency must be contacted to receive
additional exemptions. Please provide color copies of this 401 approval to ensure on site personnel can accurately
disseminate burial requirements for each impact area. Asterisks signify stream impact locations where temporary
impact quantities are in the same footprint as bank stabilization quantities, therefore the impacts are not cumulative.
In certain areas of hydrologic proximity, stream impacts were grouped for cumulative impacts. They are as follows:
1. Sites 1, 2A, 3, 4, 5
2. Sites 6, 7, 8, 10
3. Sites 13,15
4. Sites 20, 21, 22
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: D3592033-FF93-4E24-AEB7-2993D33BE002
Stream Impacts in the Catawba River Basin
Site
Bank
Stabiliz
anon
Permanent
Fill in
Intermittent
Stream
(linear ft)
Temporary Fill
in Intermittent
Stream
(linear ft)
Permanent Fill
in Perennial
Stream
(linear ft)
Temporary Fill
in Perennial
Stream
(linear ft)
Total Stream
Impact
(linear ft)
Stream Impacts
Requiring
Mitigation
(linear ft)
1*
18
28
13
46
2A
11
20
31
3*
70
52
16
106
52
4
181
181
5
473
10
483
473
6
48
10
58
7
680
pr 680
8
10
7
PF 17
10*
65
30
35
11*
157
122
35
13*
46
49
40
135
49
15*
83
165
30
278
165
15A
8
20
28
16
36
20
56
17
10
10
20
18
13
13
19
15
10
25
20*
34
69
22
103
69
21
13
10
23
140
49
164
140
24*
22
6
10
28
27
33
20
53
28
37
20
57
29
25
30
55
30
33
33
31*
20
3
23
32
6
20
26
33
40
10
50
35
50
42
92
36
17
25
42
37
35
20
55
37A
13
13
38
32
30
62
39
13
10
23
40
16
24
40
41*
33
52
42
94
42*
20
125
12
145
43
30
10
40
*
28
1
19
54
TOTAL
1131
402
957
1 974
542
3502
948
Total Stream Impact for Project: 3502 linear feet
DWR Required Mitigation: 948 linear feet
ACOE Required Mitigation: 1376 linear feet
e:!5fQE 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: D3592033-FF93-4E24-AEB7-2993D33BE002
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
0.08
0.02
0.10
0.10
4
0.03
0.00
0.03
0.03
9A
0.05
0.05
0.10
0.10
9B
0.07
0.07
0.14
0.14
12
0.13
<0.01
0.13
0.14
14
0.10
0.00
0.10
0.10
18
<0.01
0.04
0.04
0.05
0.00
<0.01
0.00
<0.01
25
0.02
0.04
0.06
0.06
26
0.00
0.01
0.01
0.01
27
<0.01
0.00
0.00
<0.01
<0.01
0.00
0.00
<0.01
32
0.02
0.00
0.02
0.02
33
0.01
<0.01
0.01
0.01
35
0.01
<0.01
0.01
0.01
0.02
0.00
0.02
0.02
0.00
0.03
0.03
Total
0.56
0.00
0.00
0.27
0.00
0.07
0.83
Total Wetland Impact for Project: 0.83 acres.
The project shall be constructed in accordance with your application dated received October 4, 2019. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 4135. This certification corresponds to the Regional General Permit 31 issued by the Corps of Engineers.
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 -Discharge and Water Supply Watershed
regulations. This approval will expire with the accompanying 404 permit.
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 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 total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to perennial streams (now or in the future) exceed 300 linear 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(s) and any additional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
Compensatory mitigation for 1,376 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 September 27, 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.
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
D-F""� 919.707.9000
DocuSign Envelope ID: D3592033-FF93-4E24-AEB7-2993D33BE002
2. Compensatory mitigation for impacts to 0.83 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 September 27, 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.
3. 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)
4. The all stream sites, except 30, 31, 32, and 33, are within a watershed with an approved TMDL for
turbidity. This TMDL has maximum loading requirements for suspended solids (turbidity) to ensure water
quality for human and aquatic life. To meet the loading requirements of the TMDL, which establishes
protocol to help reduce waterbody impairment, erosion control measures for sensitive watersheds will be
required in these areas. [ 15A NCAC 02H.0506(b)(2)]
5. Stream sites 30, 31, and 32 are in the 6 Mile Creek watershed which is home to the endangered freshwater
mussel, Lasmigona decorata (Carolina Heelsplitter). For protection of a federally endangered species,
sediment and erosion control measures for sensitive watersheds is required at these locations. [15A NCAC
02H.0506(b)(2)]
6. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to
biological criteria exceedances (all impact sites) 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. [ 15A NCAC
0213.02001
7. 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)]
8. 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)]
9. 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)]
10. For the 1,499 linear feet of streams being impacted due to site dewatering activities or other temporary
impacts, the site shall be graded to its preconstruction contours and revegetated with appropriate native
species. [15A NCAC 02H.0506(b)(2)]
11. 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
e:!5fQE 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: D3592033-FF93-4E24-AEB7-2993D33BE002
access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
12. The waiver for culvert burial is granted as requested. Stream bed is required to be level with the end of the
culvert extension, as presented in the application. [ 15A NCAC 02H.0506(b)(2)]
13. 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. [15A NCAC 02H .0506(b)(3)
14. The post -construction removal of any temporary bridge structures must return the project site to its
preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native
species. [15A NCAC 02H .0506(b)(2)
15. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [I 5A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
16. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the
bridge and pre-treated through site -appropriate means (grassed swales, pre -formed scour holes, vegetated
buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit
NCS000250 [delete if non -DOT project], please refer to the most recent version of the North Carolina
Department of Transportation Stormwater Best Management Practices Toolbox manual for approved
measures. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
17. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, jetting or other methods of pile driving are prohibited without
prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
18. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface
waters. This water shall be captured, treated, and disposed of properly. [ 15A NCAC 02H .0506(b)(3)
19. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work conditions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water. [I 5A NCAC 02H
.0506(b)(3)
20. 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.
21. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO 1000. Please note the extra protections for the sensitive watersheds.
22. Tall fescue shall not be used in the establishment of temporary or permanent groundcover within riparian
areas. For the establishment of permanent herbaceous cover, erosion control matting shall be used in
conjunction with an appropriate native seed mix on disturbed soils within the riparian area and on
disturbed steep slopes with the following exception. Erosion control matting is not necessary if the area is
contained by perimeter erosion control devices such as silt fence, temporary sediment ditches, basins,
etc. Matting should be secured in place with staples, stakes, or wherever possible, live stakes of native
e:!5fQE 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: D3592033-FF93-4E24-AEB7-2993D33BE002
trees. Erosion control matting placed in riparian areas shall not contain a nylon mesh grid, which can
impinge and entrap small animals. For the establishment of temporary groundcover within riparian areas,
hydroseeding along with wood or cellulose based hydro mulch applied from a fertilizer- and limestone -
free tank is allowable at the appropriate rate in conjunction with the erosion control
measures. Discharging hydroseed mixtures and wood or cellulose mulch into surface waters in
prohibited. Riparian areas are defined as a distance 25 feet landward from top of stream bank.
23. 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. [I5ANCAC 0213.0200]
24. 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. [I 5A NCAC 0213.0200]
25. At the Site 5 stream relocation, Class I riprap shall be used for stream bed stabilization and Class II riprap
shall be used for streambank stabilization, if banks cannot be stabilized as submitted. [I 5A NCAC
02H.0506(b)(2)]
26. Wetland impacts in areas where the entire wetland is not a complete take, will maintain wetland status
during construction as well as after the project is completed. Any wetland area that is permanently
impacted from construction activities that was not permitted to be impacted could require a permit
modification and additional mitigation credits. [15A NCAC 02H .0506(b)(2)
General Conditions
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)]
2. 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. [15A NCAC 0213.0200]
3. 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)]
4. 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. [I 5A NCAC
02H.0506(b)(2)]
5. 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. [I 5A NCAC 02H.0506(b)(2)]
e:!5fQE 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: D3592033-FF93-4E24-AEB7-2993D33BE002
6. 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)]
7. 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)]
8. 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. [ 15A NCAC
02H.0506(b)(3)]
9. 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.
[I5ANCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification. [15A NCAC 02H.0506(b)(3)]
It. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to
surface waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. 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]
13. 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)]
14. 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)]
15. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing
activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this
certification. [15A NCAC 02H.0501 and .0502]
16. 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.
17. 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)]
18. 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)]
e:!5fQE 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: D3592033-FF93-4E24-AEB7-2993D33BE002
19. 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)]
20. 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)]
21. 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]):
a. The erosion and sediment control measures for the project must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Sediment and
Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina Surface
Mining Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance
with the requirements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise
approved by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
23. With the issuance of this 401 certification, the DWR approves the stormwater drainage and treatment
designs as shown in the roadway plans and permit drawings submitted as part of the 401 application,
which are incorporated by reference and are enforceable by the DWR. Significant modifications to the
way stormwater is managed and conveyed, any outfalls, or stormwater control measures represented in
the roadway plans or permit drawings after issuance of this 401 certification are prohibited without prior
approval from the DWR.
24. 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.
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:
e:!5fQE 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: D3592033-FF93-4E24-AEB7-2993D33BE002
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 431-3100
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Donna Hood at (704)235-2193 or donna.hood@ncdenr.gov.
Sincerely,
DocuSigned by:
Lmp°er74 Director
Division of Water Resources
Electronic copy only distribution:
Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office
Joel Howard, Division 10 Environmental Officer
Thomas Smith, NC DOT Roadside Environmental
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
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
D-F""� 919.707.9000
DocuSign Envelope ID: D3592033-FF93-4E24-AEB7-2993D33BE002
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
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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:
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
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