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HomeMy WebLinkAbout20061358 Ver 1_Mitigation Closeout Report_20120413Crowns West Stream Restoration EEP ID (IMS #) 92329 FDP CONTRACT NUMBER # D06003 USACE ACTION ID # 2006 - 41030 -067 DWQ 404 # 061358 CLOSEOUT REPORT Stream and Wetland 1Z 3835 Aso = aos�f Project Setting & Classifications County Onslow General Location Richlands Basin White Oak Ph sio ra hic Region Coastal Plains Ecoregion. Southern Coastal Plain USGS Hydro Unit 03030001010010 NCDWQ Sub -basin 03 -05 -02 Wetland Classification N/A Thermal Regime Warm Trout Water N/A Invasive Plant Control Aril 2009 Invasive Plant Control September 2009 Project Performers December 2009 Source Agency EEP Designer Baker Engineering Monitoring Firm Baker Engineering Channel Remediation River Works, Inc Plant remediation River Works, Inc Property Interest Holder DENR Stewardship Overall Project Activities and Timeline Milestone Month -Year Project Instituted Permitted October 2006 Construction Completed March 2007 As -built survey March 2007 Monitoring Year -1 December 2007 Invasive Plant Control September 2008 Minor Channel Repair November 2008 Monitoring Year -2 December 2008 Invasive Plant Control Aril 2009 Invasive Plant Control September 2009 Monitoring Year 3 December 2009 Invasive Plant Control September 2010 Monitoring Year 4 December 2010 Supplemental Planting Aril 2011 Monitoring Year 5 December 2011 Closeout Submission March 2012 3 •Y o 0 wtai• a•c0i c. 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M N �6 co O U W } } } } 03 c E ° E c c CL o'er, 'o E _a A R R ° rn C c m c o v v v a O E a E in E rn E yr E rn E ° a m k « « « « v a0i I.- m co Li --51 ZI CLI 010 010 U) N N I N N N 00 w O �N. oA a EEP Recommendation and Conclusion The Crowns West Stream Restoration Project has completed 5 years of successful monitoring. Each parameter for success has been achieved. The EEP recommends that this site be closed generating 3,835 Stream Mitigation Units (SMU). Contingencies The 5t' year monitoring report noted areas of kudzu near the NCDOT right of way. These areas have been controlled throughout the monitoring period and are now localized to the right of way area. The areas of kudzu were sprayed in 2011. EEP does not recommend further action be taken in this area. Minor repairs we conducted at several localized areas along the stream in February 2012. EEP did observe these areas prior to repair. Two of those areas were approximately 5 to 10 feet in stream length. The first of these areas involved hand - repair of a log vane and the adjacent point bar. The log vane was notched with a chain saw to slightly re- direct low -flow (away from the adjacent point bar) and minor erosion to the adjacent point bar was repaired with hand work and bioengineering. The second of these areas involved the installation of a short geolift, bioengineering, and transplants to repair a small section of eroded bank adjacent to a rootwad. This repair involved the use of a mini -hoe (minor mechanized equipment) and hand work. The locations of both of these repairs are shown on Project Area Plan View Map above. The remaining minor repairs were conducted using hand work only. These repairs involved scarifying, re- seeding, and re- mulching two small cut slope areas where herbaceous vegetation had been slow to establish, as well as plugging muskrat holes behind several rootwads with soil, live stakes, and Juncus plugs. Considering all of the above described repairs localized and very minor, EEP does not recommend further action be taken in this area. All repairs were conducted by River Works, Inc. and supervised, inspected, and approved by Baker Engineering. EEP recommends no further action. An easement encroachment occurred in early 2011. Baker resolved this issue by re- posting the easement boundary and replanting age appropriate trees as needed. EEP does not recommend further action be taken in this area. Page 13 of 18 Pre - Construction Photos Post Construction Photos Page 14 of 18 APPENDIX A - Watershed Planning Summary 92329 — Crowns West The Crowns West project is located iu8DC03003000lO\O0lC\the Upper Now River watershed, and iolisted asu Targeted Local Watershed (]IW)inthe 20 10 White Oak RBRP. Nearly half of the streams io this watershed lacks adequate functioning riparian buffers. About 44%nfthe land here ix agricultural including 32 permitted livestock operations. The watershed drains into the lower New River which is 303(d)-listed due to several standards violations inc|udinQddomybyU'a, copper, 1nte,rwowzux. and high pB(QWOL 2010). B2P has one additional project adjacent to this site within the TIny. According mthe White Oak RBRP0N��28�, goals are m "protect and improve water quality throughout the Basin by reducing sediment and nutrient inputs into streams ... to protect shellfish harvesting waters ... to support efforts to restore local watersheds in the White Oak River Basin," and to "support implementation of the NC Coastal Habitat Protection Plan (CHPP. .^ The project restored 3,83 5 linear feet of stream, including the adjacent riparian buffer on both sides. Per the TLW goals, the Crowns West project helps to reduce inputs to the stream and provides habitat for spawning fish species io support of the CByP. Page 15 of 18 White Oak 03030001: EEP Project Closeouts and Planning Areas Loa" EEP project Me* J-Ok Whie Oak LWP by Phase P.*dgb M Design MonitDring Clow out Long Term Mgrrt catrMes Municipalities W-0- 14 dig HU CAMTF Mg Mamh 2012. Page 15 of 18 APPENDIX B — Land Ownership and Protection SITE PROTECTION INSTRUMENT The land required for the construction, management, and stewardship of this mitigation project includes a portion of the following parcel. Landowner PIN County Site Protection Instrument Deed Book and Page Number Acreage protected (deeds) Danny E. Baysden and 441300018873 wife, Onslow Conservation DB 2772 P 150 1.47 Wanda K. Baysden easement 441300013653 Danny E. Baysden and wife, DB 2772 P 167 2.70 Wanda K. Baysden 440300912579 1.39 Gary W. Baysden and DB 2772 P 181 wife, 440300917119 1.58 Theresa A. Baysden DB 2772 P 195 Terry Jones and wife, 440300802642 3.37 Wendy Jones DB 2772,P 212 0.28 Erwin T. Baysden, ad litem 440300901513 DB 2772 P 237 Erwin T. Baysden, ad litem LONG -TERM MANAGEMENT PLAN Upon approval for close -out by the Interagency Review Team (IRT), the site will be transferred to the DENR Stewardship Program, which will be responsible for periodic inspection of the site to ensure that restrictions required in the conservation easement or the deed restriction document(s) are upheld. Page 16 of 18 APPENDIX C — Jurisdictional Determinations and Permits Page 17 of 18 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT fiction ID. 200641030 -067 County: Onslow USGS Quad: Potters Hill GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Buck Engineering, c/o: Jessica RohrbaQ 8000 Regency Parkway, Suite 200, Cary NC 27511 (919) 459 -9010 Interested Party: Guy Pearce, NC Ecosystem Enhancement Program 1652 Mail Service Center, Raleigh NC 27604 (919) 715 -1656 Size and location of property (water body, road name /number, town, etc.): _ The project site, known as The Crowns West Stream Restoration Proiect, will take place in an unnamed tributary to the New River, on the east and west side of Haw Branch Road (SR 1230), approximately_ 0.5 mile north of NC 24, west of Richlands, Onslow County, North Carolina. Description of projects area and activity: Authorization to impact approximately 3,2901inear feet of stream to facilitate the restoration /enhancement of 3,904 linear feet. Applicable Law: X Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: NW27- Nationwide Permit Number 27; Special condition (1) The permittee must notify our office when restoration construction work is to start, (2) Authorization of this work in no kmday obligates the US Corps of ]Engineers to recognize this prolect as a mitigation bank or as compensation for any last or future permitted impacts, and (3) Our office does not recognize as valid any reference to mitigation "credits ", or any other issues associated with a mitigation bank or mitigation for any past or future permitted impacts. Additionally, please be reminded that the permittee will be responsible for the maintenance of this project after all work is completed. If, at any time, erosion occurs as the result of this project. the permittee will be responsible, at our discretion, for the removal of the sediment. Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733 -1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management .,- ,'ct (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. Page 1 of 2 Js Department of the Army verification does not relieve the permittee of the responsibility to obtain any other ,fired Federal, State or local approvals/permits. 'If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers gulatory program, please contact me at (910) 2514811. e Determination of Jurisdiction: ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID Qasis of Jurisdictional Determination: Waters in the unnamed tributary are adjacent to the Section 10 navigable aters of the New River. I Corps Regulatory Official: Date October 10, 2006 Copy Furnished: Noelle Lutheran/NC Division of Water Quality Guy Pearce/ NC EEP X Page 2 of 2 Expiration Date of Verification March 18, 2007 o`aO� WA��RpG r .� o � Michael F. Easley, Governor William G. Ross Jr., Secrclary North Carolina Department of Environment and Natural Resources September 15, 2006 Jessica Rohrbach Buck Engineering — A Unit of Michael Baker Corporation 8000 Regency Regency Parkway Suite 200 Cary, NC 27511 Subject Property: Crowns West Stream Restoration Project Approval of 401 Water Quality Certification with Additional Conditions Dear Ms. Rohrbach; Alan W. Klimek, P.E. Director Division of Water Quality DWQ Project # 061358 onslow County You have our approval, in accordance with the attached conditions and those listed below, to restore 3,904 linear feet of stream on the subject property, as described within your application dated August 28, 2006. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3495 (GC3495). This Certification can also be found on line at: http: //h2o.enr. state. nc.us /newetlands /certs.html. This Certification(s) allows you to use Nationwide Permit 27 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non - discharge, and stormwater regulations. Also, thus "approval to proceed Mth your proposed impacts or to conduct impacts to waters as depicted in your application shall expire in three years or upon the expiration of the 404 Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us 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 conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 211.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: North Carolina Division of Water Quality 127 Cardinal Drive Extension Witmfngton Regional Office Wilmington, NC 28405-3845 An Equal Opportur VAifmnative Action Employer— 50% Reeycled110% Post Consumer Paper I�a` Caro ipa Phone (910) 796 -7215 Cusbrer Servfcel-877-623.67.,/ �[�{ FAX (910) 350 -2004 Internet h2menrstatemc us Amount Lk roved Units Plan Location or Reference Stream Restore 3,904 linear feet of stream Crown West Restoration Project Engineer Drawings 404 Wetlands N/A (acres) Waters 0.077 acres Same as above Buffers N/A (square ft. North Carolina Division of Water Quality 127 Cardinal Drive Extension Witmfngton Regional Office Wilmington, NC 28405-3845 An Equal Opportur VAifmnative Action Employer— 50% Reeycled110% Post Consumer Paper I�a` Caro ipa Phone (910) 796 -7215 Cusbrer Servfcel-877-623.67.,/ �[�{ FAX (910) 350 -2004 Internet h2menrstatemc us Page Two Jessica Rohrbach Buck Engineering — A Unit of Michael Baker Corporation DWQ # 061358 September 15, 2006 2. Erosion & Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre- Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall he performed so that no violations of state water quality standards, statutes, or rules occur. 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project. S. 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 the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire in three years or upon expiration of the 404 or CAMA Permit. Page Three Jessica Rohrbaeh Buck Engineering — A Unit of Michael Baker Corporation DWQ #E 061358 September 15, 2006 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Water Quality (DWQ) Permit # 061358 under Section 401 of the Clean Water Act. If you have any questions, please telephone Joanne Steenhuis in the DWQ Wilmington Regional Office at 910- 796 -7215. Sincerely„ ✓� `� 1�3'gt� ®_ n Alan W. Klimek, P.E. Enclosures: GC 3495 Certificate of Completion cc: Brad Shaver - USACE Wilmington Regulatory Field Office Ian McMillian = DWQ 401 Oversight Unit Steven Rynas — DCM Morehead Central Files WiRO WQC #3495 STREAM RESTORATION, ENHANCEMENT AND STABILIZATION AND WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES CERTIFICATION GENERAL CERTIFICATION FOR STREAM RESTORATION, ENHANCEMENT AND STABILIZATION PROJECTS AND WETLAND AND RIPARIAN RESTORATION AND CREATION ACTIVITIES INCLUDING THOSE ELIGIBLE FOR CORPS OF ENGINEERS NATIONWIDE PERMIT NUMBERS 13 (BANK STABILIZATION) AND 27 (WETLAND AND RIPARIAN RESTORATION AND CREATION) AND RrRIONAL PERlyt1T 197800080 (CONSTRUCTION AND MAINTENANCE OE BULKHEADS) This General Certification is issued in conformity with the requirements of Section 441, Public Laws 92 -500 and 95 -217 of the United States and subject to the North Carolina Division of Water Quality Regulations in 15A NCAC 2H .0500 and 15A NCAC 2B .0200 for the discharge of fill material to waters as described In 33 CFR 330 Appendix A (B) (13) and (27) of the Corps of Engineers regulations (i.e. Nationwide Permit Numbers 13 and 27) and Regional Permit 197800080. The category of activities shall include stream bank stabilization or stream restoration activity as long as impacts to waters or significant wetlands are minimized. This Certification replaces Water Quality Certification (WQC) Number 3399 Issued March 2003. This WQC is rescinded when the Corps of Engineers reauthorize Nationwide Permits 13 or 27 or Regional Permit 197800080 or when deemed appropriate by the Director of the Division of Water Quality (DWQ). The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92 -500 and 95 -217 If conducted in accordance with the conditions set forth. Conditions of Certification: 1. Wetland and/or riparian area restoration and creation projects which are for compensatory mitigation or compensatory mitigation credit (and not including projects that only involve stream restoration or enhancement work described in condition nos. 2 and 3 below) that are proposed under this General Certification require written application to and approval from the Division of Water Quality. All applications for written DWQ approval will be reviewed and a response will be prepared within 30 days of stamped receipt of the application in the Division of Water Quality's Central Office in Raleigh. This 30-day period does not include time spent by the application or DWQ's response within US Postal Service or North Carolina's Mail Service Center mail systems; Wetland and riparian area restoration and creation projects (not including projects that Involve work In or Impacts to streams) which are not for compensatory mlbgatlon or compensatory mitigation credit proposed under this General Certification do not require written application to and approval from the Division of Water Quality. In these cases, the applicant is required to notify the Division In writing with three copies of project specifications before the impact occurs. If the Division determines that the project would not result In an ecologically viable wetland and riparian area, then the Division shall prepare a response to notify the applicant in writing within 30 days of DWQ's receipt of the notification. In such cases, the applicant will be required to submit a formal application and pay of the appropriate fee, and DWQ will be required to process the application through normal procedures; 2. Proposed stream restoration projects (as defined and limited below), that do not disturb wetlands and that are not being conducted for compensatory mitigation or compensatory mitigation credit do not require written application to and approval WQC #3495 Stream stabilization is defined as the In -place stabilization of an eroding stream bank using measures that consist primarily of "hard" engineering, such as but not limited to concrete lining, rip rap or other rock, and gabions. The use of 'hard" engineering will not be considered as stream restoration or enhancement; 6. Impacts to any stream length in the Neuse, Tar - Pamlico or Randleman River Basins (or any other major river basins with Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) requires written concurrence for this Certification from DWQ in accordance with 15A NCAC 213.0200. Activities listed as "exempt" from these rules do not need to apply for written concurrence under this Certification. New development activities located in the protected 50 -foot wide riparian areas (whether jurisdictional wetlands or not) within the Neuse and Tar - Pamlico River Basins shall be limited to "uses" Identified within and constructed in accordance with 15A NCAC 2B.0200. All new development shall be located, designed, constructed, and maintained to have minimal disturbance to protect water quality to the maximum extent practicable through the use of best management practices; 7. In order for the above conditions to be valid, any plans not requiring written concurrence to use this Certification must be built according to the plans provided to the Division of Water Quality. If written concurrence Is required, then the project must be built and maintained according to the plans approved by the written concurrence and Certification from the Division of Water Quality; S. Appropriate sediment and erosion control practices which equal or exceed those outlined in the most recent version of the "North Carolina Erosion and Sediment Control Planning and Design Manual" or "North Carolina Surface Mining Manual" whichever is more appropriate (available from the Division of Land Resources at the DENR Regional and Central Offices) shall be designed, installed and maintained properly to assure compliance with the appropriate turbidity water quality standard (50 NTUs in streams and rivers not designated as trout waters by DWQ; 25 NTUs In all saltwater classes and all lakes and reservoirs; 10 NTUs in DWQ- lassified trout waters); 9. All sediment and erosion control measures placed in wetlands or waters shall be removed and the original grade restored after the Division of Land Resources or delegated program has released the project; 10. Any rip -rap shall be of such a size and density so as not to be able to be carried off by wave or current action and consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. if rip -rap is to be Installed within the streambed, the amount and location must be- approved in writing by the Division of Land Resources and Division of Water Quality. However rock vanes, wing deflectors, and similar structures for grade control and bank protection are acceptable; 11. Measures shall be taken to prevent live or fresh concrete from coming into contact with freshwaters of the state until the concrete has hardened; 12 If an environmental document Is required, this Certification is not valid until a Finding of No Significant Impact or Record of Decision Is Issued by the State Clearinghouse; WQC #3495 Non - compliance with or violation of the conditions herein set forth by a specific project shall result In revocation of this Certification for the project and may also result in criminal and/or civil penalties. The Director of the North Carolina Division of Water Quality may require submission of a formal application for Individual Certification for any project in this category of activity if it is determined that the project is likely to have a significant adverse effect upon water quality including state or federally listed endangered or threatened aquatic species or degrade the waters so that existing uses of the wetland or downstream waters are precluded Public hearings may be held for specific applications or group of applications prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Quality. WQC # 3495 E Effective date: 31 December 2404 DIVISION OF WATER QUALITY By Alan W Klimek, P. E. Director Certification of Completion DWQ Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Pertnithng Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699 -1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due 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: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. 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