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Home My WebLink About20211802 Approval Letter DocuSign Envelope ID:5B806A8C-A733-4145-9A43-99A92AB5D028 _ s,,.;STATE ROY COOPER .1 ,.,: = a r Governor r . ELIZABETH S.BISER ��a „ _ Secretary � ^0-- RICHARD E.ROGERS,JR. NORTH CAROLINA Director Environmental Quality June 27,2022 Mr.Mason Herndon Project Development Environmental Engineer NCDOT Division 3 5501 Barbados Blvd. Castle Hayne,North Carolina,28429 Subject: Reissue of 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for Proposed the proposed Commerce Road Extension improvements in Onslow County,TIP U-5878. NCDWR Project No.20211802 v.2 Dear Mr.Herndon: Attached hereto is a copy of Certification No.004896 issued to The North Carolina Department of Transportation (NCDOT)dated June 27,2022. This approval is for the purpose and design described in your application.The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project,you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold,the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H.0507(d)(2)]. This Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State,or Local approvals before proceeding with the project,including those required by,but not limited to,Sediment and Erosion Control,Non-Discharge,Water Supply Watershed,and Trout Buffer regulations. This is a reissuance of BIMS project number 20211802,the previous permit expired,and the project has been re- issued under BIMS No.20211802 v.2.The project is still permitted as a NW14 through the USACE but due to changes in regulations this project is to be issued as an Individual Certification through the 401 program. No changes in impacts or construction have been proposed. Impacts and conditions have been included with this issuance for your convenience. If we can be of further assistance,do not hesitate to contact us. Sincerely, clDocuSigned by: R 31Z6g;'Jr.,Director Division of Water Resources felTi -' 11 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:5B806A8C-A733-4145-9A43-99A92AB5D028 Attachments cc: Brad Shaver,USACE Wilmington Regulatory Filed Office Beth Harmon,Division of Mitigation Services D E Q North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROLINA O00 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 Department of Environmental wall � 919.707.9000 DocuSign Envelope ID:5B806A8C-A733-4145-9A43-99A92AB5D028 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water Resources(NCDWR)Regulations in 15 NCAC 2H.0500 and 15A NCAC 2B. This certification authorizes the NCDOT to impact 0.308 acres of jurisdictional wetlands and 436 linear feet of jurisdictional streams in Onslow County. The project shall be constructed pursuant to the application dated received May 25,2022. The authorized impacts are as described below: Stream Impacts in the White Oak River Basin Site Impact Permanent Temporary Type Impacts Impacts (ft) (ft.) Stream 1 Culvert 96 ---- Stream 2 Stabilization 98 ---- Stream 3 Dewatering ---- 28 Stream 4 Culvert 85 ---- Stream 5 Stabilization 110 ---- Stream 6 Dewatering ---- 19 Total impacts 389 47 Wetland Impacts in the White Oak River Basin Site Fill Mechanized Total (ac) Clearing Impacts Site 1 0.252 0.056 0.308 The application provides adequate assurance that the discharge of fill material into the waters of the White Oak River Basin in conjunction with the proposed development will not result in a violation of applicable Water Quality Standards and discharge guidelines. Therefore,the State of North Carolina certifies that this activity will not violate the applicable portions of Sections 301,302,303,306,307 of PL 92-500 and PL 95-217 if conducted in accordance with the application and conditions hereinafter set forth. This approval is only valid for the purpose and design that you submitted in your application dated received May 25, 2022. Should your project change,you are required to notify the NCDWR and submit a new application.If the property is sold,the new owner must be given a copy of this Certification and approval letter,and is thereby responsible for complying with all the conditions. If any additional wetland impacts,or perennial stream impacts, for this project(now or in the future)exceed one-tenth acre or 300 linear feet,respectively,additional compensatory mitigation may be required as described in 15A NCAC 2H.0506(h)(6)and(7). For this approval to remain valid,you are required to comply with all the conditions listed below. In addition,you should obtain all other federal,state or local permits before proceeding with your project including(but not limited to) Sediment and Erosion control,Coastal Stormwater,Non-discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. This Water Quality Certification neither grants nor affirms any property right,license,or privilege in any lands or waters,or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights,littoral rights,or water use rights of any other person and does not create any D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699 1617 NORTH CAROLINA Department of Environmental Quality 919.707.9000 DocuSign Envelope ID:5B806A8C-A733-4145-9A43-99A92AB5D028 prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. Upon the presentation of proper credentials,the Division may inspect the property. Condition(s)of Certification: Project Specific Conditions 1. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the pre-construction meeting. [15A NCAC 02H.0506(b)(2)and(b)(3)] 2. Compensatory mitigation for impacts to 0.308 acres of 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 January 3,2022 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. [15A NCAC 2H.0506(h)] General Conditions 3. 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. 4. 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)] 5. 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)] 6. 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)] 7. 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 02B.0200] 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. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC 02H.0506(b)(2)] D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699 1617 NORTH CAROLINA Department of Environmental Quality 919.707.9000 DocuSign Envelope ID:5B806A8C-A733-4145-9A43-99A92AB5D028 10. In-stream structures installed to mimic natural channel geomorphology such as cross-vanes, sills, step-pool structures, etc. shall be designed and installed in such a manner that allow for continued aquatic life movement. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)] 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 access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC 02H.0506(b)(2)] 12. 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. [15A NCAC 02H.0506(b)(2)] 13. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual,or the NC Department of Transportation Construction and Maintenance Activities Manual,such as sandbags,rock berms,cofferdams,and other diversion structures shall be used to minimize excavation in flowing water. [15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200] 14. 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)] 15. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters;and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. [15A NCAC 02H.0507(c);N.C.G.S 143-215.85(b)] 16. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent contamination of stream waters from fuels,lubricants,hydraulic fluids,or other toxic materials.[15A NCAC 02H.0506(b)(3)] 17. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. [15A NCAC 02H.0506(b)(3)] 18. 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) 19. 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. [15A NCAC 02H.0501 and.0502] 20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231] 21. 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)] D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699 1617 NORTH CAROLINA Department of Environmental Quality 919.707.9000 DocuSign Envelope ID:5B806A8C-A733-4145-9A43-99A92AB5D028 22. In accordance with commitments made in your application,all clearing of vegetation for purpose of relocating overhead power lines within jurisdictional wetlands shall be performed without the use of mechanized equipment. [15A NCAC 02H.0506(b)(3) 23. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0231] 24. Native riparian vegetation 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 02B.OXXX(10)] or[15A NCAC 02B.0506(b)(2)] 25. 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. [15A NCAC 02H.0506(b)(2)] 26. 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)] 27. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade,including each stream's original cross-sectional dimensions,planform pattern,and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)] 28. Any rip-rap required for proper culvert placement,stream stabilization,or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip-rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip-rap or other approved materials shall not result in de-stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)] 29. Any rip-rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave,current action,or stream flows,and shall 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. [15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0201] 30. 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)] D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699 1617 NORTH CAROLINA Department aiEnvironmental Quality 919.707.9000 DocuSign Envelope ID:5B806A8C-A733-4145-9A43-99A92AB5D028 31. 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. [15A NCAC 02H.0506(b)(2)and(b)(3)] 32. Erosion and sediment control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification.If placed within authorized impact areas,then placement of such measures shall not be conducted in a manner that results in dis- equilibrium of any wetlands,streambeds,or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two(2)months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231] 33. 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. 34. Turbidity curtains shall be used to isolate all work areas from the stream, including pile or casement installation,placement of riprap,excavation or filling. Strict adherence to the Construction and Maintenance Best Management Practices will be required. [15A NCAC 02H.0506(b)(3)and(c)(3)] 35. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. [15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c)] 36. 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 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. 37. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable requirements of the NCG01000. Please note the extra protections for the sensitive watersheds.[15A NCAC 02H.0506(b); 15A NCAC 02H.0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231] D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699 1617 NORTH CAROLINA Department aiEnvironmental Quality 919.707.9000 DocuSign Envelope ID:5B806A8C-A733-4145-9A43-99A92AB5D028 38. 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] 39. 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)] 40. 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)] This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal Regulations(CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality.Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. Pursuant to G.S. 143- 215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. This approval and its conditions are final and binding unless contested[G.S. 143-215.5]. Please be aware that impacting waters without first applying for and securing the issuance of a 401 Water Quality Certification violates Title 15A of the North Carolina Administrative Code(NCAC)2H.0500. Title 15A NCAC 2H.0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters,including wetlands,as described in 33 Code of Federal Regulations (CFR)Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143-215.6A,these violations and any future violations are subject to a civil penalty assessment of up to a maximum of$25,000.00 per day for each violation. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing(Petition)with the North Carolina Office of Administrative Hearings(OAH) within sixty(60)calendar days.Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/or by calling the OAH Clerk's Office at(919)431-3000. A party filing a Petition must serve a copy of the Petition on: William F.Lane,General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh,NC 27699-1601 D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699 1617 NORTH CAROLINA Department aiEnvironmental Quality 919.707.9000 DocuSign Envelope ID:5B806A8C-A733-4145-9A43-99A92AB5D028 If the party filing the Petition is not the permittee,then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23(a). This the 27th day of June 2022 DIVISION OF WATER RESOURCES cDocuSigned by: -WI CANitplikelA, 9C9886312DCD474... Richard E.Rogers,Jr.,Director WQC No. 004896 D E Q North Carolina Department of Environmental Quality I Division of Water Resources NORTH CAROLINA O00 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh,North Carolina 27699-1617 Department of Environmental wall � 919.707.9000 DocuSign Envelope ID:5B806A8C-A733-4145-9A43-99A92AB5D028 NCDWR Project No.: County: Applicant: Project Name: 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: Date: Agent'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: Date: Engineer's Certification Partial Final I, ,as a duly registered Professional Engineer in the State of North Carolina,having been authorized to observe(periodically,weekly,full time)the construction of the project for the Permittee hereby state that,to the best of my abilities,due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules,the approved plans and specifications,and other supporting materials. Signature Registration No. Date D E Q North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center Raleigh,North Carolina 27699 1617 NORTH CAROLINA Department aiEnvironmental Quality 919.707.9000