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HomeMy WebLinkAbout20140762 Ver 1_Approval Letter_20140908A A r� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor September 8, 2014 Mr. Richard W. Hancock, P.E., Manager Project Development and Environmental Analysis North Carolina Department of Transportation 1598 Mail Service Center Raleigh, North Carolina, 27699 -1598 John E Skvarla, III Secretary Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS for US 221 Widening from US 421 to US 221 Business/NC 88 in Jefferson located in Watauga and Ashe Counties. Federal Aid Project No. STP- 0221(13), TIP No. R- 2915. WBS 34518.1.1. NCDWR Project No. 20140762. Dear Mr. Hancock: Attached hereto is a copy of Certification No. 004001 issued to The North Carolina Department of Transportation (NCDOT) dated September 8, 2014. If we can be of further assistance, do not hesitate to contact us. Sincerely, Thomas A. Reeder, Director Division of Water Resources Attachments cc: Andy Williams, US Army Corps of Engineers, Raleigh Field Office (electronic copy only) Heath Slaughter, Division 1 1 Environmental Officer (electronic copy only) Dr. Cynthia Van Der Wiele, Environmental Protection Agency (electronic copy only) Marla Chambers, NC Wildlife Resources Commission (electronic copy only) Beth Harmon, Ecosystem Enhancement Program (electronic copy only) Dave Wanucha, NCDWR Winston Salem Regional Office (electronic copy only) File Copy Transportation and Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location 512 N Salisbury St. Raleigh, North Carolina 27604 Phone. 919 - 807 -63001 FAX: 919 - 733 -1290 Internet www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina Naturally 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. This certification authorizes the NCDOT to permanently impact 3.04 acres of jurisdictional wetlands and 7,886 linear feet of jurisdictional streams as described in Tables I and 2 below. The project shall be constructed pursuant to the application dated July 21, 2014. Stream and wetland impacts associated with Sections C and E are preliminary as shown in Tables I and 2 below. As such, details of the impacts will be forthcoming in a revision to this permit in the future. The authorized impacts for Sections A, B and D are as described below in Tables 4 through 8. Table 1. Summary of Stream Impacts for all Sections of R -2915. Section Design Stage Stream Impact Type Impact Length (If) Temporary Impacts (ac) Stream Impacts Requiring Mitigation (If) R-2915A Final Permanent Fill 1,119 -- 1,119 Bank Stabilization 402 -- Temporary -- 0.05 R-2915B Final Permanent Fill 533 -- 533 Bank Stabilization 411 -- Temporary -- 0.15 R -2915C Preliminary Permanent Fill 2,263 -- 2 263 Temporary -- 0.06 R-2915D Final Permanent Fill 2,627 -- 2,627 Bank Stabilization 126 -- Temporary -- 0.05 R -2915E Preliminary Permanent Fill 405 -- 405 Temporary < Total 7,886 0.31 6,947 Table 2. Summary of Wetland Impacts for all Sections of R -2915. Section Design Stage Wetland Impact Type Wetland Impact Area (ac) Wetland Impacts Requiring Mitigation (ac) ** R -2915A Final Perm. Wetland Fill 0.48 0.57 Excavation in Wetlands 0.01 Mechanized Clearing in Wetlands 0.08 Hand Clearing in Wetlands 0.05t R -2915B Final Perm. Wetland Fill 0.32 0.43 Excavation in Wetlands 0.04 Mechanized Clearing in Wetlands 0.06 R -2915C Preliminary Perm. Wetland Fill 0.16 0.20 Excavation in Wetlands -- Mechanized Clearing in Wetlands 0.04 R -2915D Final Perm. Wetland Fill 1.01 1.32 Excavation in Wetlands 0.01 Mechanized Clearing in Wetlands 0.30 R -2915E Preliminary Perm. Wetland Fill 0.43 0.52 Excavation in Wetlands -- Mechanized Clearing in Wetlands 0.09 Total 3.04 * *Values are rounded. Page 2 Table 3. Stream Impacts in the New River Basin for Section R- 2915A. Site Permanent Fill in Stream (linear ft.) Temporary Fill in Stream (linear ft.) Total Stream Impact (linear ft.) Stream Impacts Requiring Mitigation linear ft.) USACE NCDWR 1 n/a (wetland) - - - - - 1 A n/a (wetland) - - - - - 1 B n/a (wetland) - - - - - 2 158 78 236 98 158 3 245 67 312 198 245 3A 57 10 67 57 57 4 19 - 19 - 19 5 9 10 19 - 9 6 15 - 15 - 15 7 * 250 10 260 250 250 8 12 - 12 - 12 9 10 - 10 - 10 10 90 10 100 74 - 11 140 20 160 80 - 12 65 20 85 55 - 12A - 10 10 - - 12B - 10 10 - - 13 79 25 104 66 - 13A - 10 10 - - 13B - 10 10 - - 14 13 - 13 - 13 15 * 110 20 130 84 - 16 9 - 9 - 9 17 47 20 67 26 - 18 - - - - - 19 136 20 156 113 - 20 9 - 9 - - 21 - - - - - 22 - - - - - 23 27 10 37 18 - 23A - 10 10 - - 24 21 - 236 - 21 Totals 1,521 370 2,106 1,119 818 *Indicates that stream is intermittent. Table 4. Riparian Wetland Impacts in the New River Basin for Section R- 2915A. Site Permanent Fill (ac) Temporary Fill (ac) Excavation (ac) Mechanized Clearing (ac) Hand Clearing (ac) Total Wetland Impact (ac) Wetland Impacts Requiring Mitigation (ac) ** USACE NCDWR 1 0.25 - - - 0.03 0.28 0.25 - 1 A 0.03 - - - <0.01 0.03 0.03 - 1 B 0.07 - - 0.02 <0.01 0.09 0.10 - 5 <0.01 - - - <0.01 0.01 <0.01 - 18 0.09 - <0.01 0.05 - 0.15 0.15 - 21 0.01 - <0.01 - <0.01 0.01 0.02 - 22 0.03 - - - <0.01 0.03 0.03 - Total 0.48 - 0.01 0.08 0.05 0.59 0.57 - * *Values are rounded. Page 3 Table 5. Stream Im acts in the New River Basin for Section R- 2915B. Site Permanent Fill in Stream (linear ft.) Temporary Fill in Stream (linear ft.) Total Stream Impact (linear ft.) Stream Impacts Requiring Mitigation (linear ft. USACE NCDWR IA 214 21 235 170 214 113 50 6 56 15 50 2 34 - 34 34 - 3 111 - 111 111 - 4 n/a (wetland) - - - - - 5 n/a (wetland) - - - - - 6 n/a (wetland) - - - - - 7 n/a (wetland) - - - - - 8 n/a (wetland) - - - - - 9 147 - 147 124 - 10 154 57 211 - 154 11 n/a (wetland) - - - - - 12 n/a (wetland) - - - - - 13 52 8 60 52 - 14 n/a (wetland) - - - - - 15 n/a (wetland) - - - - - 16 36 - 36 27 - 17 54 - 54 - 54 18 53 - 53 - 53 19 - 115 115 - - 20 19 - 19 - - 21 20 - 20 - - Totals 944 207 1,151 533 525 Note: All sites are perennial streams except where indicated. Table 6. Riparian Wetland Impacts in the New River Basin for Section R- 2915B. Site Permanent Fill (ac) Temporary Fill (ac) Excavation (ac) Mechanized Clearing (ac) Hand Clearing (ac) Total Wetland Impact (ac) Wetland Impacts Requiring Mitigation (ac)** USACE NCDWR 4 <0.01 - - <0.0 I - 0.28 <0.01 - 5 <0.01 - - - - 0.03 <0.01 - 6 <0.01 - - - - 0.09 <0.01 - 7 0.05 - 0.03 - - 0.01 0.08 - 8 <0.01 - - <0.01 - 0.15 <0.01 - 11 <0.01 - - <0.01 - 0.01 <0.01 - 12 0.12 - - <0.01 - 0.03 0.12 - 14 - - 0.01 <0.01 - - 0.02 - 15 0.14 - - 0.05 - - 0.19 - Total 0.32 - 0.04 0.06 - 0.59 0.43 - * *Values are rounded. Page 4 Table 7. Stream Impacts in the New River Basin for Section R- 2915D. Site Permanent Fill in Stream (linear ft.) Temporary Fill in Stream (linear ft.) Total Stream Impact (linear ft.) Stream Impacts Requiring Mitigation linear ft. USACE NCDWR 1* 312 46 358 312 312 2 n/a (wetland) - - - - - 3A 60 - 60 60 - 313 56 73 129 56 - 4 - 19 19 - - 5 76 - 76 57 - 6 168 25 193 120 168 7 n/a (wetland) - - - - - 8 15 - 15 - - 9 126 22 148 126 - 10 396 - 396 396 396 11 11 - 11 - - 12 51 11 62 51 - 13 n/a (wetland) - - - - - 14 162 14 176 162 162 15 12 - 12 12 12 16 n/a (wetland) - - - - - 17A 28 23 51 28 - 17B 12 - 12 12 - 18 491 - 491 491 491 19 100 12 112 100 - 20A 55 18 73 55 - 20B 57 11 68 57 - 21 49 17 66 49 - 22 61 - 61 61 - 23A 19 - 19 19 - 23B 66 15 81 66 - 24* 22 10 32 22 - 25 12 - 12 12 - 26 108 48 156 75 - 27 134 - 134 134 134 28 n/a (wetland) - - - - - 29 69 - 69 69 69 30 n/a (wetland) - - - - - 31 n/a (wetland) - - - - - 32 25 19 44 25 - Totals 2753 383, 3136 2627 1744 *Indicates that stream is intermittent. Page 5 Table 8. Riparian Wetland Impacts in the New River Basin for Section R- 2915D. Site Permanent Fill (ac) Temporary Fill (ac) Excavation (ac) Mechanized Clearing (ac) Hand Clearing (ac) Total Wetland Impact (ac) Wetland Impacts Requiring Mitigation (ac)** USACE NCDWR 2 <0.01 - - - - <0.01 <0.01 - 3 B <0.01 - <0.01 0.02 - 0.03 0.03 - 4 0.10 - - 0.04 - 0.14 0.14 - 7 0.25 - - 0.05 - 0.30 0.30 - 13 <0.01 - <0.01 - - <0.01 0.01 - 14 0.03 - <0.01 0.01 - 0.05 0.05 - 15 <0.01 - - 0.02 - 0.02 0.02 - 16 - - <0.01 - <0.01 <0.01 - 17A 0.06 - - 0.01 - 0.07 0.07 - 19 0.07 - - <0.01 - 0.07 0.07 - 20B <0.01 - - <0.01 - <0.01 0.01 - 21 0.17 - <0.01 - - 0.18 0.18 - 22 <0.01 - - <0.01 - <0.01 <0.01 - 24 <0.01 - - 0.01 - 0.02 0.02 - 25 0.11 - - 0.05 - 0.15 0.15 - 27 0.04 - - <0.01 - 0.04 0.04 - 28 <0.01 - - 0.02 - 0.02 0.02 - 30 0.04 - - 0.06 - 0.10 0.10 - 31 0.06 - - <0.01 - 0.07 0.07 - 32 0.02 - - <0.01 - 0.02 0.02 - Total 1.01 - <0.01 0.3 - 1.32 1.32 - * *Values are rounded. The application provides adequate assurance that the discharge of fill material into the waters of the New 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 July 21, 2014. Should your project change, you are required to notify the NCDWR and submit a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying with all the conditions. If any additional wetland impacts, or stream impacts, for this project (now or in the future) exceed one acre or 150 linear feet, respectively, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to remain valid, you are required to comply with all the conditions listed below. In addition, you should obtain all other federal, state or local permits before proceeding with your project including (but not limited to) Sediment and Erosion control, Coastal Stormwater, Non - discharge and Water Supply watershed regulations. This Certification shall expire on the same day as the expiration date of the corresponding Corps of Engineers Permit. Condition(s) of Certification: Project Specific Conditions When final design plans are completed for R -2915 Sections C and E, a modification to the 401 Water Quality Certification shall be submitted with five copies and fees to the'NC Division of Water Resources. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface waters, and buffers. No construction activities that impact any wetlands, streams or surface waters located in R -2915 Sections C and E shall begin until after the permittee applies for, and receives a written modification of the 401 Water Quality Certification from the NC Division of Water Resources. Page 6 2. 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 permit conditions and avoidance and minimization measures. NCDWR staff shall be invited to the pre- construction meeting. 3. Where streams within the project area carry supplemental classifications as Trout Jr), High Quality Waters (HQW) or Outstanding Resource Waters (ORW), stormwater shall be directed to vegetated buffer areas, grass - lined ditches or other means appropriate to the site for the purpose of pre - treating storm water runoff prior to discharging directly into streams. Mowing of existing vegetated buffers is strongly discouraged. Grassed swales should also be utilized throughout the project to reduce water velocity, promote infiltration and provide treatment for discharge before runoff enters streams. The permittee shall use Design Standards in Sensitive Watersheds per 15A NCAC 4B.0 I 24(a)-(e) in areas draining to ORW, HQW waters. However, due to the size of the project, the NCDOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. Temporary cover (wheat, millet, or similar annual grain) or permanent herbaceous cover shall be planted on all bare soil within 15 business days of ground disturbing activities to provide erosion control. 4. Streams with Trout classifications require that in- stream work and land disturbance within the 25 -foot buffer zone are prohibited during the trout- spawning season of October 15 through April 15 to protect the egg and fry stages of trout. 5. Where possible, hand clearing in wetlands should be used in Section R -2915A rather than mechanized clearing. 6. The relocated portion of a wetland at Permit Site 7 for Section R -2915B should be a grassed swale that has been designed to match the grade and shape of the existing wetland as much as possible. 7. Ensure that the planned installation of a cross vane structure at the downstream end of Old Field Creek at Permit Site 6 for Section R -2915D is constructed in such manner that alleviates scour and erosion to the maximum extent practical. Channel relocations shall be completed and stabilized, and approved on site by NCDWR staff, prior to diverting water into the new channel. Stream banks shall be matted with coir -fiber matting. Vegetation used for bank stabilization shall be limited to native riparian vegetation, and should include establishment of a vegetated buffer on both sides of the relocated channel to the maximum extent practical. Also, additional rip -rap, above which was approved in final approved design drawings, may be allowed if it is necessary to maintain the physical integrity of the stream, but the applicant must provide written justification and any calculations used to determine the extent of rip -rap coverage requested. Once the stream has been turned into the new channel, it may be necessary to relocate stranded fish to the new channel to prevent fish kills. 9. All portions of the proposed project draining to 303(d) listed streams that are impaired due to biological criteria exceedances (i.e. Little Buffalo Creek) shall not discharge stormwater directly to surface waters. Stormwater shall be treated using appropriate best management practices (e.g., vegetated conveyances, constructed wetlands, detention ponds, etc.) prior to discharging to surface waters. 10. The post- construction removal of any temporary bridge structures must return the project site to its preconstruction contours and elevations. The impacted areas shall be revegetated with appropriate native species. 11. Strict adherence to the most recent version of NCDOT's Best Management Practices For Bridge Demolition and Removal approved by the US Army Corps of Engineers is a condition of the 401 Water Quality Certification. 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre- treated through site - appropriate means (grassed swales, pre- formed scour holes, vegetated buffers, etc.) before entering the stream. To meet the requirements of NCDOT's NPDES permit NCS000250, please refer to the most recent version of the North Carolina Department of Transportation Stormwater Best Management Practices Toolbox manual for approved measures. 13. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft construction methods. More specifically, jetting or other methods of pile driving are prohibited without prior written Page 7 approval from the NCDWR first. 14. No drill slurry or water that has been in contact with uncured concrete shall be allowed to enter surface waters. This water shall be captured, treated, and disposed of properly. 15. 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. 16. 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. 17. Sites where streams are impacted due to site dewatering activities shall be graded to their preconstruction contours and revegetated with appropriate native species. 18. 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. 19. Due to site conditions at Permit Site 9 for Section R- 291513, NCDWR will not require the burial of the culvert inlet in this location. However, design and placement-of the culvert and other structures shall be installed in such a manner that the original stream profiles are not altered (i.e., the depth of the channel must not be reduced by a widening of the streambed). Existing stream dimensions (including pattern and profile) are to be maintained above and below locations of each culvert. The structures shall be designed and installed to allow for fish and other wildlife movement as well as prevent headcutting of the stream. The applicant may be required to provide evidence that the equilibrium has been maintained if requested in writing by the NCDWR. 20. Compensatory mitigation is required for stream impacts that include: 1,1 19 linear feet of impacts in Section R- 2915A, 533 linear feet of impacts in Section R -2915B and 2,627 linear feet of impacts in Section R- 2915D. We understand that you have chosen to perform compensatory mitigation for impacts to streams through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in letters dated July 7, 2014 for R- 2915A; June 18, 2014 for R- 291513; and, June 3, 2014 for R -2915D that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above - referenced project, in accordance with the EEP Mitigation Banking Instrument signed July 28, 2010. 21. Compensatory mitigation is required for impacts to riparian wetlands that include: 0.57 acres of impacts in Section R- 2915A, 0.43 acres of impacts in Section R -2915B and 1.32 acres of impacts in Section R- 2915D. We understand that you have chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Ecosystem Enhancement Program (EEP), and that the EEP has agreed to implement the mitigation for the project. EEP has indicated in a letters dated July 7, 2014 for R- 2915A; June 18, 2014 for R- 291513; and, June 3, 2014 for R -2915D that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above - referenced project, in accordance with EEP's Mitigation Banking Instrument signed July 28, 2010. General Conditions Unless otherwise approved in this certification, placement of culverts and other structures in open waters and streams shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of water and aquatic life. Design and placement of culverts and other structures including temporary erosion control measures shall not be conducted in a manner that may result in dis- equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the above structures. The applicant is required to provide evidence that the equilibrium is being maintained if requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact NCDWR for guidance on how to proceed and to determine whether or not a permit modification will be required. Page 8 2. NCDOT shall be in compliance with the NCS000250 issued to the NCDOT, including the applicable requirements of the NCGO10000. Please note the extra protections for sensitive watersheds. 3. 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. Riparian areas are defined as a distance 25 feet landward from top of stream bank. 4. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 5. 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. 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. 7. 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. 8. 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. 9. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 10. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. 11. 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. 12. 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. 13. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 14. 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. 15. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. Page 9 16. 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. 17. The outside buffer, wetland or water boundary located within the construction corridor approved by this authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing are prohibited unless otherwise authorized by this certification. 18. 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. 19. The Permittee shall report any violations of this certification to the Division of Water Resources within 24 hours of discovery. 20. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT Division Engineer or appointee shall complete and return the enclosed "Certification of Completion Form" to notify NCDWR when all work included in the 401 Certification has been completed. 21. 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. 22. 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. 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 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. 24. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and /or civil penalties. This Certification shall become null and void unless the above conditions are made conditions of the Federal 404 and /or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (l) copy of the petition must be filed with the Office of Page 10 Administrative Hearings. The petition may be faxed - provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 Telephone: (919)- 431 -3000, Facsimile: (919)- 431 -3100 A copy of the petition must also be served on DENR as follows: Mr. John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center This the 8th day of September 2014 DIVISION OF WATER RESOURCES G homas A. Reeder, Director Division of Water Resources WQC No. 004001 ' Page I 1 r� r rA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor NCDWR Project No.: Applicant: Project Name: Date of Issuance of 401 Water Quality Certification: County: John E. Skvarla, III Secretary 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 1, , 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: 1, ; hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: 1, , 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 Transportation and Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location, 512 N Salisbury St Raleigh, North Carolina 27604 Phone: 919 -807 -63001 FAX- 919 - 733 -1290 Internet www.ncwaterguality.org An Equal Opportunity 1 Affirmative Action Employer Registration No. I Date NorthCarolina ;Vaturallrf