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HomeMy WebLinkAbout20180726 Ver 2_Modification Request Attachment_20210205 (3) DEPARTMENT OF THE ARMY PERMIT Permittee: RALEIGH EXECUTIVE JETPORT MR. ROBERT IIEUTS Permit No.: SAW-2009-01114 Issuing Office: CESAW-RG-R NOTE: The term "you"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 that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: This authorization is for the permanent discharge of fill material within 138 linear feet of stream channel and 0.48 acre of wetland for the expansion of the Raleigh Executive Jetport facility.Specifically,the expansion includes the construction of hangars, aircraft parking aprons, vehicle parking areas, a taxiway connector, and associated stormwater improvements. Project Location: The project site is located on the existing Raleigh Executive Jetport property, at the Rod Sullivan Road terminus,in the north portion of Lee County,North Carolina. Permit Conditions: General Conditions: 1. The time limit for completing the work authorized ends on December 31, 2024. 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 Condition 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 is eligible for listing in the National Register of Historic Places. ENO FORM 1721,Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325(Appendix A) 1 4. If you sell the property associated 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. S. 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.G. 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. 2 'usGOVERNMENT PRINTING OFTICE. 986-717-423 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 interest was made 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 33 CFR 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 measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit 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. QL ` P, 14,4R (PERMITTEE)RALEIGH EXECUTIVE JETPORT TE)(Dlac MR.ROBERT HEUTS This permit becomes effective when the Federal official,designated to act for the Secretary of the Army,has signed below. . • 0 `q rr• (DI CT COMMANDER) ROBE J. CLARK.,COLONEL ) 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 Iiabilities associated with compliance with its terms and conditions,have the transferee sign and date below. (TRANSFEREE) (DATE) 3 *U.S.GOVERNMENT PRINTING OFFICE:1986-717-425 SPECIAL CONDITIONS ACTION ID: SAW-2009-01114 RALEIGH EXECUTIVE JETPORT NORTH TERMINAL DEVELOPMENT WORK LIMITS I NOTIFICATION 1. Work Limits; All work authorized by this permit shall be performed in strict compliance with the attached permit plans dated July 3, 2018, which are a part of this permit. The Permittee shall ensure that the construction design plans for this project do not deviate from the permit plans attached to this authorization. Any modification to the attached permit plans must be approved by the U.S. Army Corps of Engineers (Corps) prior to any active construction in waters or wetlands. 2. Unauthorized Dredge and/or Fill: Except as authorized by this permit or any Corps approved modification to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 3. Permit Distribution: The Permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions and drawings shall be available at the project site during construction and maintenance of this project. 4. Preconstruction Meeting: The Permittee shall conduct an onsite preconstruction meeting between its representatives, the contractor's representatives and the appropriate Corps Project Manager prior to undertaking any work within jurisdictional waters and wetlands to ensure that there is a mutual understanding of all terms and conditions contained within the Department of the Army permit. The Permittee shall schedule the preconstruction meeting for a time frame when the Corps and North Carolina Division of Water Resources (NCDWR) project managers can attend. The Permittee shall invite the Corps and NCDWR project managers a minimum of thirty (30) days in advance of the scheduled meeting in order to provide those individuals with ample opportunity to schedule and participate in the required meeting. The thirty (30) day requirement can be waived with the concurrence of the Corps. 5. Notification of Construction Commencement and Completion; The Permittee shall notify the Corps in writing prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 6. Reporting Address: All reports, documentation, and correspondence required by the conditions of this permit shall be submitted to the following: U.S. Army Corps of Engineers, Wilmington District Raleigh Regulatory Field Office, Attn: Mr. Andrew Williams, 3331 Heritage Trade Drive, Suite 105, Wake Forest, North Carolina 27587, or andrew.e.wiiliams2@usace.army.mil. The Permittee shall reference the following permit number, SAW-2009-01114, on all submittals. SPECIAL CONDITIONS ACTION ID: SAW-2009-01114 RALEIGH EXECUTIVE JETPORT NORTH TERMINAL DEVELOPMENT 7. Permit Revocation: The Permittee, upon receipt of a notice of revocation of this permit or upon it expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition, 8. Reporting Violations: Violation of these permit conditions or violation of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act shall be reported to the Corps in writing and by telephone at: 919-554-4884, Ext.26 within 24 hours of the Permittee's discovery of the violation. 9. Endangered Species Act: The Permittee shall implement all necessary measures to ensure the authorized activity does not kill, injure, capture, harass, or otherwise harm any federally- listed threatened or endangered species. While accomplishing the authorized work, if the Permittee discovers or observes an injured or dead threatened or endangered species, the U.S. Army Corps of Engineers, Wilmington District Raleigh Field Office, Attn: Mr. Andrew Williams at 919-554-4884, Ext. 26, or andrew.e.williams2@usace.an-ny.mil will be immediately notified to initiate the required Federal coordination. RELATED LAWS 10. Maintain Flows and Circulation Patterns of Waters: Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters and/or wetlands. 11. Sediment and Erosion Control: 1) During the clearing phase of the project, heavy equipment shall not be operated in surface waters or stream channels. Temporary stream crossings will be used to access the opposite sides of stream channels. All temporary diversion channels and stream crossings will be constructed of non-erodible materials. Grubbing of riparian vegetation will not occur until immediately before construction begins on a given segment of stream channel. 2) No fill or excavation impacts for the purposes of sedimentation and erosion control shall occur within jurisdictional waters, including wetlands, unless the impacts are included on the plan drawings and specifically authorized by this permit. This includes, but is not limited to, sediment control fences and other barriers intended to catch sediment losses. 2 SPECIAL CONDITIONS ACTION JD: SAW-2009-01114 RALEIGH EXECUTIVE JETPORT NORTH TERMINAL DEVELOPMENT 3) The Permittee shall remove all sediment and erosion control measures placed in waters and/or wetlands, and shall restore natural grades on those areas, prior to project completion. 4) The Permittee shall use appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Sediment and Erosion Control Planning and Design Manual" to ensure compliance with the appropriate turbidity water quality standard. Erosion and sediment control practices shall be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to ensure compliance with the appropriate turbidity water quality standards. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project shall remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Adequate sedimentation and erosion control measures shall be implemented prior to any ground disturbing activities to minimize impacts to downstream aquatic resources. These measures shall be inspected and maintained regularly, especially following rainfall events. All fill material shall be adequately stabilized at the earliest practicable date to prevent sediment from entering into adjacent waters or wetlands. 12. Clean Fill: The Permittee shall use only clean fill material for this project. The fill material shall be free of items such as trash, construction debris, metal and plastic products, and concrete block with exposed metal reinforcement bars. Soils used for fill shall not be contaminated with any toxic substance in concentrations governed by Section 307 of the Clean Water Act. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands shall be generated from an upland source. 13. Water Contamination: All mechanized equipment shall be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the Permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-3300 or (800) 858-0368 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act shall be followed. 3 SPECIAL CONDITIONS ACTION ID: SAW-2009-01114 RALEIGH EXECUTIVE JETPORT NORTH TERMINAL DEVELOPMENT ANADROMOUS FISH I AQUATIC LIFE 14. Prohibitions on Concrete: The Permittee shall take measures necessary to prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with any water in or entering into waters of the United States. Water inside coffer dams or casings that has been in contact with concrete shall only be returned to waters of the United States when it no longer poses a threat to aquatic organisms (concrete is set and cured). COMPENSATORY MITIGATION 15. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit. OTHER 16. As-Built Construction Plans: Within 30 days following the completion of construction, the Permittee shall submit to the Corps as-built plans for those portions that affect waters of the United States, including wetlands. The as-built plans shall include all grading, structures and activities in or affecting waters and/or wetlands. 4 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL • Applicant: Raleigh Executive Jetport File Number: SAW-2009-01114 Date: April 18,2019 Mr. Robert Heuts Attached is: See Section below INITIAL PROFFERED PERMIT LStandard Permit or Letter of permission) A L PROFFERED PERMIT (Standard Permit or Letter of permission) B E PERMIT DENIAL c L APPROVED JURISDICTIONAL DETERMINATION D E PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army,millMissions/Civil Works/Re,gulatorvPro ramandPermits.aspx or Corps regulations at 33 CFR Part 33I. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit, including its terms and conditions,and approved jurisdictional determinations associated with the permit. • OBJECT: if you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit, including its terms and conditions,and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. • C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section [I of this form and sending the form to the division engineer. This form must he received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date al' this notice means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section It of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable, If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD, SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFF.ERE❑ PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: if you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division, Mr-Jason Steele, Administrative Appeal Review Officer Attn: Mr. Andrew Williams CESAD-PDO 3331 Heritage Trade Drive,Suite 105 U.S. Army Corps of Engineers, South Atlantic Division Wake Forest, North Carolina 27587 60 Forsyth Street, Room 10M15 Atlanta,Georgia 30303-8801 Phone:(404)562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation,and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or a ,cnt, For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division, Attn: Andrew Williams,69 Darlington Avenue,Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: ❑ivision Engineer,Commander, U.S. Army Engineer Division,South Atlantic,Attn: Mr,Jason Steele, Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street, Room 10MI5,Atlanta,Georgia 30303-8801 Phone: (404)562-5137 U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Mr.Robert Heuts/Raleigh Executive Jetport Action ID: SAW-2009-01114 Project Name: North Terminal Development County: Lee Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form,it is the Permittee's responsibility to ensure that to the U,S.Army Corps of Engineers(USACE)Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. if more than one mitigation Sponsor will be used to provide the mitigation associated with the permit,or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code(HUC), multiple forms will be attached to the permit,and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements(credits)shown below are available at the identified site. By signing below,the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed,the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee,the USACE Project Manager,and the Wilmington ❑istrict Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted impacts and Compensatory Mitigation Requirements Permitted Impacts Requiring Mitigation*: 8-digit HUC and Basin: 03030004,Cape Fear River Basin Stream Impacts(linear feet) Wetland Impacts(acres) Warm Cool Cold Riparian Riverine 1 Riparian Non-Riverine Non-Riparian Coastal 0.48 —'-- *If more than one mitigation sponsor will be used for the permit,only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030004,Cape Fear River Basin Stream Mitigation(credits) Wetland Mitigation(credits) Warm Cool Cold Riparian Riverine ` Riparian Non-Riverine Non-Riparian Coastal i 0.96 Mitigation Site Debited: North Carolina Division of Mitigation Services(NCDMS) (List the name of the bank to be debited.For umbrella banks,also list the specific site_ For NCDMS,list NCDMS. If the NCDMS acceptance letter Identifies a specific site,also list the specific site to be debited), r Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation Identified in this document(see the table above),associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, i understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements, Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Page 1 of 2 Form Updated 14 September,2017 USACE Wilmington District Compensatory Mitigation Responsibility Transfer Form, Page 2 Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation Identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. * Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein- For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form,confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. * Signed copies of this document must be retained by the Permittee,Mitigation Sponsor,and in the USACE administrative records for both the permit and the Ban k/ILF instrument_ It is the Permittee's responsibility to ensure that the USAGE Project Manager(address below)is provided with a signed copy of this form. • If changes are proposed to the type,amount, or location of mitigation after this form has been signed and returned to the USAGE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina Interagency Review Team(NCIRT). If approved,higher mitigation ratios may be applied,as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: 0.48 acre of wetland impacts at a 2:1 ratio. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed,the Sponsor should provide copies of this farm along with an updated bank ledger to:1)the Permittee,2)the USACE Project Manager at the address below,and 3)the Wilmington District Mitigation Office,Attn:Todd Tugwell,3331 Heritage Trade Drive,Suite 105, Wake Forest, NC 27587(email:todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Andy Williams USACE Field Office: Raleigh Regulatory Field Office US Army Corps of Engineers 1331 Heritage Trade Drive,Suite 105 Wake Forest,NC 27587 Email: andrew.e.willlams2@usace.army,mil WI LLIAMS,ANDREW.E. Digitally signed by WILI_IAMS.ANDRl;W.E.1 24456 1 655 1244561655 Date:2019.04.1812:52:47-04'001 April 18,2019 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability,and credit classifications(including stream temperature and wetland groupings) is available at http.//ribits.usace.armv.mil. Page 2 of 2 The Wilmington District is committed to providing the highest level of support to the public. 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'+ i $ R4LElGH EXECUTIVE JETPORT 4� ! ,r/ .'i. ; • CHATHAM WAKE �g } Tennesse ���i �) y I 4 � � 'f fllimri I - +' 4 �, nror�rr�TERMINAL DEVELOPMENT 1 i Project _.r LEE BOUNTY, J.C. �� � A Location ,,,. • , OATS:AUGUST 23,2018 5oulh Carolina {+ i + .l. i : '` I� rVPOI'�CURE T5'USGS TOPQ + HARNETT L ti r•+ FIGURE t OF B eV/a-N6 ti Y_ J MOORS � 3 0 1000 2,000 Georgia Lee County �� _ OCeBn. �,' — _no r l rt -• ... f� 1 inch=2,CO feet • Action ID: SAW-2009-01114 Applicant: Raleigh Executive Jetport Project Name: North Terminal Development Page 2 of$ I AERIAL PHOTOGRAPH - , �. legend '� —EXISTING FACILITIES ';h-, • �PRO JEC7STUDYAREA T. f f. } • r i. !' PROJECT STUDY AREA • h )6,4 ... . - :. .i. : -.: • 5 • k'i. - ...-' . :.': i! rt . i, . .,. i.. ii 'g) : tit ?r._.'§3,-1-0.,..4....,.-,;.,.44,,;,:--,.:f/. -.1.•"A(I. •,d•..kel/. • �'' rr1i. r.f 11.,I y: . . 1ji .L ;.T; 1 t r'''.:-'-':''W3.•1,ii,k , -tdA,.DE'.I,AT•i..1 E• T .-.,•i ,",/ - HEA o, •'NATE• o Et ` i i , 12- .. ...,... _' —.1.L.14::9.1:1 I ; fi • • • `u l _TREAh i I : k . . . -, : yi, -, . -:-...,. -- . , -it 4"vc..pf.,.. ." .-...„..i.i. • ditt r • . .*- 1. �,_ _ z +fit s.. 'ta ram_ k -. . <J iti erg: � { lei-4- 1 _.� r . k: FOREST WETLAND '� * 1 f ' .._V, I/ ; • . . I L.• - • • u /+ ���fff f A RALEIGH EXECUTIVE JETPORT i , f i ? y f Y{r•' .I ti 4 * ; ,`IT-, NORTH TERMINAL DEVELOPMENT J • j� . LEE COUNTY,11I.c. i ! k.-. .. • { DATE.'AUGUST 23,2018 �`>' I - f�r • MONCURE 7.5'USGS TOPO ../' * r• • i' I.X. - r • FIGURE 3 OF$ • . _ �, .. �j +'�C. 1 f ti': YA •.;f " i V• Feet f 1 inch—1,500 feet Action ID: SAW-2009-01114 Applicant: Raleigh Executive Jetport Project Name: North Terminal Development Pa.e 3 of 8 NATIONAL WETLAND INVENTORY MAP -....--...\\ 40.i.si.2, Legend �XISTItdG FACILITIES 'Q -STREAMS 0am ©PROJECT STUDY AREA A`( Freshwater Emergent 4^.nene °O MI Freshwater FcresteddShrub WetIans l fir,• Q FresFwrater Puntl:Lake '^ 1 FT Other J� A =Riverine ' 0.S n Ce!e+eatea Stream =1 Den-sealed Wetland 4C. LPROJECT STUDY AREA ,, 1. s Q ^y ? D tifi 't 5 A11411,01 ifet II ::, t HEAOWATER• DR EST INETLANLI 5 ADJACENT TO RPN1 L_ /7-7*/* INTERMITTENT Sp FAN ID Cr SRPW � n 1Q� J/ " EXISTING STORh11YATER PONDS /1 c �-L!VAN -*� -' 44 iya . -10 41i7,7rat. ' ...4c,.....„1/ i HEADWATER FOREST WETLAND ),OJAC ENT TO RP W , =' ., a 0 .r„, \ CL\ :4 RALEIGH EXECUTIVE_JETPORT NORTH TERMINAL DEVELOPMENT N LEE COUNTY,N.C. Q DATE.AUGUST23,2O U MONCURE 7.5'USGS TOPO FIGURE 4 OF 6 r7 > * 1� 9 taco 2,00❑ — r Feet + I inch=2,000 feet Action ID:SAW-2OU9-41114 Applicant: Raleigh Executive Jetport Project Name:North Terminal Development Page 4 of 8 ALTERNATIVES F �� r ��� _���� �j-. . Legend r� /f IIfJ�fJ ' �f ��� off /f/J// 1��r f , �ALTERhFAl3VE1 11.7 FJ • . f ALTERNATIVE 2 ALTERNATIVE 3 • - ' ALTERNATIVE 4 r • J ALTERNATIVE 5 { fll Footpdnl / 4 1 r r� i 'DelinALTERNATIVE Features • *// I/1 r` =; t FloodJHaxard_Areas 17 , • 37107020120829122333 I 3J70702012CS291233915!' , ifitahuh ®37107026126629G768b i +; J/ �1 {/ "'fF �JeCllllVl; • • • - - ..CA 37107026120a2 820 �fi f{fr J4�ao %' ' • +� 5,.Stearns f � � - r ' fi Ili,. ,..# .r_- � � fit , r 1 .r Mr � r 4 Kr ' F a ''. I.. . ...-:. - . ._4//it 4' , .. . —7 ,._ • . i ; RodiguNt / . _ 14 , ' :r - 1 _ wan, y 11 + l1 a ' ifs : ,� -# = . Reiegh •+ ' .. _ Executers 4 ti • �, t' .. ' - Jetport i . ` • '. r j RALEIGH EXECUTIVE JETPORT NORTH TERMINAL DEVELOPMENT / I1c - 1.4 LEE COUNTY,N.C. DATE.AUGUST23, 2018 41. MONCUftE 7.5'USGS TOPO FIGURE 6OFC d P ' 0 600 1,200 Feet ¢ -� sill. 1 incfi=1,204 feet Action ID:SA -2009-01114 Applicant: Raleigh Executive Jetport Project Name: North Terminal Development Page 5 of 8 SHEET KEY MAP Legend • ---AIRPORT PROPERTY'BOUNDARY /19 —EXISTING FACILITIES EXISTING CONTOURS I DELINEATED WCUS C 2 SHEETS 2, 3 AND 4 (CROSS-SECTION) 'o — INTERMITTENT STREAM SRPW I137.5 LINEAR FEET HEADWATER FOREST WETLAND _��` ADJACENT TO RPW � _ 0.62 ACRES ! - --=-_-_-________ iii f �� _ ;'till 'I PROJECT STUDY AREA ® — * f —r sI ,4 --F. .rr FIN 0' ?-1. ..J17 -1- _ :...„ ..,. - �.-t.isimmii ilk - _7 •.:L17' -76 _ V Elf _,,, r r # I I I 1 L.= — — - _ _ _ — —A _ r l EXISTING STORMWATER Pals n -y yy l_l PROPOSED SEWER LINE ALIGNMENT \ \ RALEIGH EXECUTIVE JETPORT ui S NORTH TERMINAL DEVELOPMENT LEE COUNTY.N.C. DATE:JULY 3,2078 MONCURE 7.5'USGS TOPO lir-4 SHEET 1OF4 0 500 1.000 Feet 1 inch=1,000 Feet Action ID:SAW-2009-01114 Applicant:Raleigh Executive Jetport Project Name:North Terminal Development Page 6 of 8 EXISTING CONDITIONS .; • --,, .. — - ' {' + F • �t5 _ Legend i — + DELINEATED WOUS PROJECT STUDY AREA y`� ~. . `."r-- �PROJECTAREA BOUNDARY .'4 ' \ ~j � ,y _-f/ EXISTING FACILITIES �_''. • ''r. Ir_ 4~ �A'.. •. < s -1 l l 'NNEXISTING GROUND CONTOURS �- � / , , r-� '_ 'x `k , t :• I) t �1 t , -- �Y - y•�` .,} •s 15 1 } :+J f f-x ? / i� .--1 - F. fey - _ _ -- „`,J,I� 1`55" ti ) ill // •ti•�� `- 1• , I' M1 .. _.! _ _ • r {���� _ 4 -- '.`'` INTERMITTENT STREAM ` —_, ' � J~ �_' �' wr <�� eti. SRPW ,l • 11 \mot_ _��� r--_w �ti.4 ��- ` '1 .;4'' i'� . ti HEADWATER FOREST WETL AND 71 t�� �w�__ t•. - . • '..ADJACENT.TO RPW s ; A44( ! I l:.1)1 A () (,-) .i I , __ ,....___ L y []) __., ,_ , ' ji t Stockpile Area Limits .� { 7(0_17(7-7;:;_i_...------' 'l Li .,...___- lr++ y !1 r t _______. ,, ____________, ,.., ,.... , ,, ---„, ,......„: _ ..... ). , '\\--'\- - .. ----- , , .,, ,....,., ,.•c7/- ' V ,1 N .. .1 1//I.' ' 3. 1 1. � s__IL / ,:,,,„I . . �i r am " iL_r'' ---------,_ s. t\ Y- .d ��+- `tip -. MATING IR AC1Lff1E5--� �11 ~��.��` � �-�. + y iw ___ y �„ � � .. EXISTING 57Y]d2M4ArAZER PONDS� -�__ `-et � - 1 .�s � RALEIGH EXECUTIVE JETPORT - - __, - _ -_,:, NORTH TERMINAL DEVELOPMENT y-•-- LEE COUNTY N.C. DATE:JULY3,2018 MONCURE 7.5'USGS TOPO ____ SHEET 2 OF 4 - ,--. 300 1 .\ t `E. 1 �' \. �.ti' " �,. _ y_��� Feet 41 ��.• t •l`�~ -��—�'`titi '� 7 inch=3dd feet Action ID: SAW-2009-D1114 Ap.lzcant: Ralei Executive et ort Project Name:North Terminal Development Page 7 of 8 PROPOSED PLAN VIEW f ___------- Legend PROJECT AREA BOUNDARY Proposed posed New Construction •i / --DELINEATED WETLAND BOUNDARY ` PROJECT STUDY AREA }} HEADWATER FO 2EST-WETLAN❑ FT- HEADWATER WETLAND/STREAM ADJACENTA8 ACREhES FILL TO RPW ®IMPACTED WETLAND/STREAM ,-..__L: 1\-...c.N..... ---, r ----____ '`:. ---------------------- - il 'H-11111111-411V • k, 1-) g _-------_, r-- - � , Retaining Wall _ - .- , —x ` ? — `~ � � Limits of Grad�g f�' -�ice-. 61_ ',i, ' ' --. '-. 7-"A._ . i...Vemmil.:. :"...:---- -— ----:_---- _.„---_-_,------- .q. iALA L . ...,All,,,,. ,-...„ _...._______- _ , , ,___..., ____ t-r. ____j , . i (N;) , . .2._ I I ?JItJLT , 3 f f jirli F ___. _____ , ,.,... .r. � Eif ticiil. _ ____ - I . . --= r i''--- ------ ---- :iii-.------ry .11, - ' 46:;,. '-j----'=:016V191' 1101.1r ' '---- Pii TV, .1-i!,--..,.\._.____ ,.,...7,.: T, . --4.--..11.7.4 .--- _ - __...... --' IF"ramil(A711rFAII7) 1 1 .0%, _. ,,,, . • - -,.„-lai 7 ti � - - r- s a, _r s `l j 1 _ �_- - w - ------______________) ; se l 1 IXfSi1NG5T4hfWA Q INTERtuIITTENT STREAM SR � � RALEfGN EXECUTIVE JETPORT Lli Illi 1 3.�'L•INEAi2•FEET'R1P i NORTH TERMINAL DEVELOPMENT __ __:. - .. j —_.p' LEE COUNTY,N.C. aATE.-JULY3,2018 MONGURr 7.5'USCS TOPO -- . — -- f -- - --7 ... _. SHEET 3 OF d ram` — — a Asa saa . Feet Action ID: SAW-2009-01114 A licant:Ralei Executive et ort Pro.ect Name:North Terminal Development Page 8 of 8 CROSS-SECTION VIEW Legend GRIDLINES --- EXISTING GRADE - PROPOSED GRADE 1 r E 260 , 260 250 I I I JH250 TAXIWAY PRiIPCISFC} �EP I I GRADE 240 i PRCIDORF11 — — ' /RETAINJING 240 o 0.0% ti3O.5% ' — • 42% 230 _Lae as:12' /' 1 T ♦' � t SLOPE 230 220 RCP404, '- - --, 41* -_______ RO •�f��+ _Exisi GRADE i RCP IMPACT RR RF17 / AREA Zia t 210 WFTI A , LIMITS , 200 I 200 i 190 190 0+00 1+00 2+00 3+00 4+00 5+00 6+00 7+00 SECTION A-An RALEIGH EXECUTIVE JETPORT NORTH TERMINAL DEVELOPMENT LEE COUNTY,N.C. DATE:JULY 3,2018 MONCURE 7.5'USGS TOFU SHEET 4 OF 4 317. �r[r IJ- ��Yy \ - t..j* / NORTH CAROLINA ROY COOPER avtronintrast Qtrary Corirmor MICHAEL S.REGAN Snrrermrr LINDA CJLPEPPER maven Dirivior Decembex 3,2018 Mr.Robert Heuts(hheuts(u? )cighexec.corn) Sanford Lee Co.Regional Airport Authority 700 Rod Sullivan Road Sanford,North Carolina 27330 Subject 401 Water Quality Certification Revision Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for the proposed development end improvements to an existing hangar,parking and taxiway in Sanford,Lee County; NCDOT—DOA Airport Project,;NCDWR Project No,20180726v1, • Dear Mr.Heuts: Attached hereto is a copy of Certification No. WQ004174 issued the Lee County Regional Airport Authority dated December 3,2018_ If we can be of further assistance,do not hesitate to contact April Norton at april.nortonuii ncdenr.nov, Sincerely, (,)(\) \ r -13,, 'Zinda Culpepper,Director Division of Water Resources Electronic copy only distribution: April Norton,Division of Water Resource,Central Office Andrew Williams,US Army Corps of Engineers,Raleigh Field Office Edward 1-Small,Senior Associate,Michael Baker International(esmailf )mbakerintl.com) E North Carolina Department of Environmental Quality l Division at-Water Resources 512 North Salisbury Street 11317 Mail Service Center I Raleigh.North Carolina 27699-1617 9t9.707,9000 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 requiren-bents of Sectioo 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 Regional Airport Authority to impact 0.480 acres of jurisdictional wetlands and 138 linear&et of jurisdictional streams in Lee County. The project shall be constructed pursuant to the application dated August 23,2018. The authorized impacts are as described below: — --Stream Impacts in the Cape Fear River Basin Site Permanent Fill in Permanent Fill in Total Stream Stream Impacts Intermittent Stream Perennial Stream Impacts Requiring (linear fi) (linear tt) (linear it) Mitigation (linear ft) Si 138 »- 138 -- Total 138 — 138 -- — Wetland Impacts in the Cape Fear River Basin Site Fill Fill Excavation Mechanized Hand Total Wetland (ac) (temporary) (ac) Clearing(ac) Clearing Impact(ale) (a£) (ac) 1 0.480 -- -- -- -- 0.480 - 0.480 -- -- — 0.480 Total The application provides adequate assurance that the discharge of fill material into the waters of the Cape Fear River Basin in conjunction with the proposed development will not result In a violation of applicable Water Quality Standards and discharge guidelines. Therefore,the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,302,303,306,307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is 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 ail the conditions. If total wetland fills for this project(now or in the future)exceed one acre,or if total impacts to 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 certification and any additional conditions listed below. Additionally,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 Storrnwater,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 North Carolina Department or Environmental quality J Division of Water Resources 512 North Salisbury Street 11617 Mall Service Center I Raleigh,North Carolina 27699.1617 919.707.9000 Conditions of Certification: 1, As a condition of this 401 Water Quality eertineation,if bridge demolition occurs now or in the future,the bridge demolition must be accomplished in strict compliance with the most recent version ofNCDOT's Best Management Practices for Construction and Maintenance Activities.i 15A NCAC 02H,0507(d)(7)and 15A NCAC 02H.0506(bX5)] ?. 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. i 15A NCAC 02H.0506(b)(2)] 3. 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 far access to stream channel shall be temporary and be revegerated with native riparian species. [15A NCAC 0211.0506(b)(2)1 4. Ifcortcrete is used during construction,a dry work area shall be maintained to prevent direct dontatt 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 02B.0200] 5. 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)J 6. The dimension, pattern and profile of the strewn, above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. (15A NCAC 02 H.0506(b)(2)] 7. The use of riprap above the Normal High-Water Mark shall be minimized_ Any riprap placed for stream stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage. [15A NCAC 02H.0506(b)(2)1 S. 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 I5A NCAC 02H .0506(b)(2)and(c)(2)] 9. Ail work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version ofNCDOT 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(e)(3)1 10. Heavy equipment shall be operated from the banks rather than in the stream channel to minimize sedimentation and reduce the introduction of other pollutants into the stream,(I SA NCAC 02H.0506(b)(3)] 1 I. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination aistream waters from fuels, lubricants,hydraulic fluids,or other toxic materials. [15A NCAC 021-1,0506(b)(3)1 12. 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)J North Carolina Department of Environmental Quality l DEviSlnn of Water Resources 512 North Salisbury Street 116i7 Mall Saimaa center l Raleigh,North Carolina 27699.161T 919.101.9000 13. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited.[15A NCAC 02H.0506(b)(3)1 tea, 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 Slate 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 0213.02001 15. All till 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(bX2)] I b. A copy of this Water Quality Certification shall be maintained on the construction site always, 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.[ISA NCAC 02H .0507(c)and 15A NCAC 021-1 .0506(b)(2) and (c)(2)j 17. 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.t]5A NCAC 021-1.0501 and.0502] 18. The issuance of this certification does not exempt the Permittee from complying with 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. 19. 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)] 20. Upon completion of the project (including any impacts at associated borrow or waste sites.), the NCDOT Division Engineer(or whomever is the authorized agent if a non-NCDOT project) 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.f 15A NCAC 02H.0502(f)) 21. Native riparian vegetation(i.e.,trees and shrubs native to your geographic region)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 0213.0506(b)(2)] 22. There shall be no excavation front,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 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)1 23. 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 to protect surface waters standards[ISA NCAC 02H.0506(b)(3)and(c)(3)]: North Carolina Department of Environmental Quality i Division of Water Resources 512 North Salisbury Street l 1617 Mall Service Center i Raleigh.North Carolina 27699-161i 919.707.9000 a. The erosion and sediment control measures for die project must be designed. installed, operated, and maintained in accordance with the most recent version of the North Carolina Sedinreju 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 inr sures 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. 24. Sediment and erosion control measures shall not be placed in wetlands or waters units otherwise approved by this Certification.[I5A NCAC 0211.0506(b)(3)and(c)(3)1 25_ All sediment and erosion control devices shall be removed,and the natural grade restored within twin(2)months of the date that the Division of Energy.Mining and Land Resources(DEMLR)or locally delegated program has released the specific area within the project.[15A NCAC 02H.0506(b)(3)and(c)(3)] 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, providing 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 17699-6714 Telephone:(419)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 The 3' day of December 20]8 DIVISION OF WATER RESOURCES -.)c))1,\ .—"\CI-1\-------711:7 Dn a Culpepper > WQC No. WQC004174 wigDE 1 North Carolres Department Of rent ironmentsi Quality;Division of water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh.North Carolina 27699-1617 919.707.9000 rI. • 5 r, rehism rat NORTH CAROLINA Roy COOPER Exrvfroltrmenra1Quality Onarinfa- MICHAEL S.REGAN LINDA CULPEPPER MiriamCrcrtrr NCI)Wit Project No.: (:ttanty: Applicant: • Project Name: Date of Issuance of 40] Water Quality Certification: Certificate of Completion Upon completion ef all work approved within the 401 Wetter Quality Certification or Applicable Buffer Rules.and any subsequent modifications,the applicant is required to return this centficate to the 40I Transportation Permitting Unit North Carolina])ivision of Water Resources.1617 Mail Service Center.Raleigh,NC,27699-1 6 1 7. 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 1. hereby state that to the best of my abilities.due care and diligence was used in the observation of Ore 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 Cerfrfncrtiion • 1. .hereby stag:that,to the best of my abilities,due care and diligenec 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: Dale: Engineer's Certffi'cufion Partial Final f. . as a duly registered.Professional Engineer in the.Stale of North Carolina. having been authori?ed to observe(periodically,weekly. Hell time)the construction of the project for the Permittce hereby stale 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 rw; 5�D North Carolina Department of Environmental Quality;Division of Water Resources 512 North Seliahury Street 11617 Mail 5rsrvree Center Raleigh,North Carolina 27699-1617 919,707.9000