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HomeMy WebLinkAbout20061617 Ver 1_Approval Letter_20071106O~O~ ~ AT ~~QG O j~ "C" Mr. Greg Ferguson Mercury Development 5660 Six Forks Road, Suite 202 Raleigh, NC 27609 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality November 6, 2007 Re: Wendell Falls, Wake County ' DWQ #20061617; USACE Action ID. No. 2006-20100-292 APPROVAL of 401 Water Quality Certification and Authorization Certificate per the Neuse River Buffer Protection Rules (15A NCAC 2B .0233) with Additional Conditions - REVISED2 Dear Mr. Ferguson: Attached hereto is a copy of Certification No. 3707 issued to Mr. Greg Ferguson and Mercury Development, dated November 6, 2007. This letter shall also act as your approved Authorization Certificate for impacts to the Neuse River basin protected riparian buffers per 15A NCAC 2B .0233. This Certification will replace the Certification issued to you on November 1, 2007. In addition, you should get any other federal, state or local permits before yoti~go ahead with your project including (but not limited to) Solid Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water Supply Watershed regulations. If we can be of further assistance, do not hesitate to contact us. CHS/cbk/ijm Sin ly, Coleen H. Sullins, Director Division of Water Quality Attachments: NCDWQ 401 WQC Summary of Permanent Impacts and Mitigation Requirements Certificate of Completion cc: Becky Fox, EPA, 1307 Firefly Road, Whittier, NC 28789 U.S. Army Corps of Engineers, Raleigh Regulatory Field Office, Wilmington District, USACOE Lauren Cobb, DWQ, Raleigh Regional Office DLR Raleigh Regional Office File Copy •, ,,; ~; Central Files Todd Preuninger, Withers & Ravenel, 111 MacKenan Drive, Cary, NC 27511 Filename: 061617WendellFalls(Wake)401_NBR IC_Revised2 401 Oversight/Express Review Pennits Unit 1650 Mail Service Center, Winston-Salem, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Winston-Salem, North Carolina 27604 Phone; 919-733-1786IFAX919-733-689311ntemet:http://h2o.enr.state.nc.us/ncwetlands Noe Carolina ~atura!!y An Equal OpportunitylAffirmativeRction Employer- 50% Recycled110% Post Consumer Paper Mr. Greg Ferguson and Mercury Development -' ,- Page2of8 November 6, 2007 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION 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 Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Greg Ferguson and Mercury Development, to fill or otherwise impact 5.83 acres of 404/wetland (3.24 acres permanent impact, 2.59 acres temporary impact), 2,979 linear feet of perennial stream (2,354 linear feet permanent impacts and 625 linear feet temporary impacts), 581 linear feet of intermittent stream, 0.16 acres of open water (pond), and 215,622 square feet Zone 1 of the Neuse River basin protected riparian buffers (permanent impacts), 42,689 square feet Zone 1 of the Neuse River basin protected riparian buffers (temporary impacts) and 130,680 square feet Zone 2 of the Neuse River basin protected riparian buffers (permanent impacts), 25,700 square feet Zone 2 of the Neuse River basin protected riparian buffers (temporary impacts), to construct the proposed Wendell Falls mixed use development, Wendell Falls Parkway and U.S. 64/264 interchange, which is located on the west side of Martin Pond Road (SR2503), 2,600 feet north of the intersection of Martin Pond Road and Poole Road (SR1007), in the Town of Wendell, Wake County, North Carolina, pursuant to an application dated September 26, 2006 and received by the DWQ on October 13, 2006, by Public Notices issued by the U.S. Army Corps of Engineers on the 13~' day of October of 2006 (received by DWQ on October 13, 2006) and on the 2°d day of May of 2007 (received by the DWQ on May 3, 2007), and all additional information received by the DWQ on October 18, 2006, January 25, 2007, February 9, 2007, June 13, 2007, August 16, 2007, September 5, 2007, and September 12, 2007. This Certification shall also act as your approved No Practical Alternatives determination for impacts to the Neuse River basin protected riparian buffers per 15A NCAC 2B .0233(2). The application and supporting documentation provides adequate assurance that the proposed work 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, the supporting documentation, and conditions hereinafter set forth. This approval is only valid for the purpose and design submitted in the application materials and as described in the Public Notice. If the project is changed, prior to notification a new application for a new Certification is required. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions of this Certification. Any new owner must notify the Division and request the Certification be issued in their name. Should wetland or stream fill be requested in the future, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). If any plan revisions from the approved site plan result in a change in stream or wetland impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new application for 401 Certification may be required. For this approval to be valid, compliance with the conditions listed below is required. Conditions of Certification: 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: T e of Im act Amount A roved Units Plan Location or Reference 404/Wetland 3.24 (acres) - ermanent im act A lication and Public Notice 404/Wetland 2.59 acres - tem or im act A lication and Public Notice Mr. Greg Ferguson and Mercury Development ' Page 3 of 8 November 6, 2007 Stream - erennial 2,354 (linear feet) - ermanent A lication and Public Notice Stream - erennial 625 linear feet - tem ora A lication and Public Notice Stream -intermittent 581 (linear feet) - ermanent A lication and Public Notice O en Water - and 0.16 acres A lication and Public Notice Zone 1 Buffers 215,622 (s uare feet) - ermanent A lication and Public Notice Zone 2 Buffers 130,680 s uare feet - ermanent A lication and Public Notice Zone 1 Buffers 42,689 (s uare feet - tem ora A lication and Public Notice Zone 2 Buffers 25,700 (s uare feet) - tem ora A lication and Public Notice Sediment and Erosion Control: 2. 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, anal rriaintenance 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. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. 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 404/401Permit Application. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur; 4. 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; 5. Protective Fencing -The. outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land disturbing activities; 6. Deed Notifications Deed notifications or similar mechanisms shall be placed on all retained jurisdictional wetlands, waters and protective buffers in order to assure compliance for future wetland, water and buffer impact. These mechanisms shall be put in place at the time of recording of the property, or of individual lots, whichever is appropriate. A sample deed notification can be downloaded from the 401/Wetlands Unit web site at http://h2o.enr.state.nc.us/ncwetlands. The text of the sample deed notification mays be modified as appropriate to suit to this project. Mr. Greg Ferguson and Mercury Development Page 4 of 8 November 6, 2007 ,.=;r~ 7. Construction Stormwater Permit NCGO 10000 Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is automatically issued to the project. This General Permit allows stormwater to be discharged during land disturbing construction activities as stipulated by conditions in the permit. If your project is covered by this permit [applicable to construction projects that disturb one (1) or more acres], full compliance with permit conditions including the sedimentation control plan, self- monitoring, record keeping and reporting requirements are required. A copy of this permit and monitoring report forms may be found at http://h2o.enr.state.nc.us/su/Forms Documents.htm. 8. Culvert Installation 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 (http•//www ncdot or /g doh/~erations/BMP manual/download/BMP Manual.pdf) such as sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in flowing water. Culverts required for this project shall be installed in such a manner that the original stream profiles are not altered. Existing stream dimensions (including the cross section dimensions, pattern, and longitudinal profile) must be maintained above and below locations of each culvert.. Culverts shall be designed and installed to allow for aquatic life movement as well as to prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate stream grade shall be re-established or, if the pipes are installed in a perched manner, the pipes shall be removed and re-installed correctly. Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of the stream up or down stream of the culvert(s). Existing stream dimensions (including the cross section dimensions, pattern and longitudinal profile) shall be maintained above and below locations of each culvert. Therefore, you must provide plans with adequate details that indicate that the current stability of the stream will be maintained or enhanced. You must receive written approval from this Office for the above plans before the culvert(s) is installed. Culvert(s) must be installed according to approved plans. Placement of culverts and other structures in waters, streams, and wetlands must 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 shall be maintained if requested in writing by DWQ. The establishment of native, woody.vegetation and other soft stream bank stabilization techniques must be used where practicable instead of rip rap or other bank hardening methods: If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically approved by the Division of Water Quality. Mr. Greg Ferguson and Mercury Development Page 5 of 8 November 6, 2007 Installation of culverts in wetlands must ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of Completion" form to notify NCDWQ when all work included in the §401 Certification has been completed. The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC Division of Water Quality upon completion of the project. Please send photographs upstream and downstream of each culvert site to document correct installation along with the Certificate of Completion form. 9. 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. 10. 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. 11. 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. 12. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings submitted for approval. 13. 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. 14. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 15. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 16. 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 DWQ determines that such standards or laws are nest 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, DWQ may reevaluate and modify this certification. 17. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 18. A copy of this Water Quality Certification shall be maintained on site at 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. 19. 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. Mr. Greg Ferguson and Mercury Development Page 6 of 8 November 6, 2007 20. The Permittee shall report any violations of this`certification to the Division of Water Quality within 24 hours of discovery. 21. 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. 22. Temporary Wetland Impacts Due to the possibility that compaction and/or other site alterations might prevent the temporary wetland impact area from re-attaining jurisdictional wetland status, the permittee shall provide an annual update on the temporarily impacted wetland areas within the project area. This annual update will consist of photographs and a brief report on the progress of these temporarily impacted areas in re-attaining wetland jurisdictional status. Three years after project completion, the permittee shall schedule an agency field meeting with the NC Division of Water Quality to determine if the wetland areas temporarily impacted by this project have re-attained jurisdictional wetland status. If at the end of three years the wetland areas temporarily impacted by this project have not re-attained jurisdictional wetland status, NC DWQ shall determine if compensatory wetland mitigation will be required. Continuing Compliance: 23. Mr. Greg Ferguson and Mercury Development shall conduct construction activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. If the Division 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 Division may reevaluate and modify this Certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC 2H.0507(d). Before modifying the Certification, the Division shall notify Mr. Greg Ferguson and Mercury Development, and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 2H.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to Mr. Greg Ferguson and Mercury Development in writing, shall be provided to the United States Army Corps of Engineers for reference in any Permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project; Miti ag tion: 24. Compensatory Mitigation Using Existing NCDQT.Mitigation and the Ecosystem Enhancement Program (EEP) Mitigation must be provided for the proposed impacts as specified in the table below. We understand that NCDOT will be transferring 1.09 acres of 404/wetland mitigation credit, 24,757 square feet of Zone I buffer mitigation credit and 22,928 square feet of Zone 2 buffer mitigation credit. We further understand that you wish to make payment to the Wetlands Restoration Fund administered by the NC Ecosystem Enhancement Program (EEP) to meet Mr. Greg Ferguson and Mercury Development Page 7 of 8 November 6, 2007 the balance of this mitigation requirement. This has been determined by the DWQ to be a suitable method to meet the mitigation requirement. Until the EEP receives and clears your check (made payable to: DENR -Ecosystem Enhancement Program Office), no impacts specified in this Authorization Certificate shall occur. The EEP should be contacted at (919) 733-5205 if you have any questions concerning payment into a restoration fund. You have 60 calendar days from the date of this approval to make this payment. For accounting purposes, this Authorization Certificate authorizes payment into the Wetlands Restoration Fund to meet the following compensatory mitigation requirement: T e of Im act Com ensator Miti ation Re wired River and Sub-basin Number 404/Wetland 2.15 acres after NCDOT transfer of 1.09 acres Neuse/03020201 Stream - erennial 2,354 (linear feet Neuse/03020201 Buffers -Zone 1 308,287 [(square feet) after 74,271 square feet from NCDOT miti ation transfer] Neuse/03020201 Buffers -Zone 2 96,744 [(square feet) after 22,928 square feet from NCDOT miti ation transfer Neuse/03020201 25. Written Stormwater Management Plan (SMP): Final Approval and Final Plans Needed For Each Future Phase For Phases SF-1, SF-2 and SF-3: the Division of Water Quality has approved the SMP submitted as a part of the application package. The approved SMP must be constructed and operational before any permanent building or other structure is occupied at the site. The approved SMP as well as drainage patterns must be maintained in perpetuity. If the SMP is modified in the future, then the modified SMP must be approved by the 401 Oversight/ Express Unit prior to the commencement of the modifications. For all future Phases: A final, written stormwater management plan (including a signed and notarized Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 30 days of approval of the phased construction drawings. The stormwater management plans shall be approved in writing by this Office before the impacts specified in this Certification. You have the option of using the Express Review Program for expedited approval of these plans. If you propose to use the Express Review Program, remember to include the appropriate fee with the plan. The stormwater management plan must include plans, specifications, and worksheets for stormwater management facilities that ark appropriate for the surface water classification C- NSW and designed to remove at least 85% TSS according to the most recent published version of the NC DENR Stormwater Best Management Practices Manual. These facilities must be designed to treat the runoff from the entire proiect. Also, before any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and operational, and the stormwater management plan (as approved by this Office) shall be implemented. Should the Town of Wendell become an approved Phase II Stormwater community, this condition and review of the future phases stormwater management plans will be re-evaluated. Mr. Greg Ferguson and Mercury Development Page 8 of 8 November 6, 2007 26. Diffuse Flow (DWQ Reviewed Plans) All stormwater shall be directed as diffuse flow at non-erosive velocities through the protected stream buffers and will not re-concentrate before discharging into the stream as identified within 15A NCAC 2B .0233(5) In an effort to comply with the diffuse flow provision of the Buffer Rule (15A NCAC 02B .0233(5)), you have provided the DWQ with level spreader designs in your application dated dated September 26, 2006. The DWQ believes that if implemented, as per these plans, diffuse flow will be achieved. However, if diffuse flow as per 1 SA NCAC 02B .0233(5) has not been achieved, then the DWQ shall be notified and corrective actions to restore diffuse flow shall be taken if necessary to impede the formation of erosion gullies. At no time shall stormwater from the proposed development be piped directly through the buffer without prior written authorization by DWQ. The structural stormwater practices as approved by this Office, as well as drainage patterns, must be maintained in perpetuity. No changes to the structural stormwater practices shall be made without written authorization from the Division of Water Quality. Stormwater easements shall be recorded for a distance of at least 10 feet on each side of all stormwater conveyances, and on all lots containing these structures including future access for maintenance. The stormwater easements shall allow for the ability to maintain the structures, perform corrective actions as described above and shall provide protection of the structures from potential alternations by future property owners. 27. Certificate of Completion Upon completion of all work approved withim 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 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Winston-Salem, NC, 27699-1650. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon written request within sixty (60) days following receipt of this Certification. This request must be in the form of a written petition conforming to Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the right to an adjudicatory hearing on the modifications upon written request within sixty (60) days following receipt of the Certification. Unless such demands are made, this Certification shall be fmal and binding. This the 6~' day o Nove er 2007 DN N UALITY Coleen H. Sullins, Director Division, of Water Quality 3707 CHS/cbk/ijm o~~~ w A r~9p~ ~ ~. _ :a._~. -I O j~ `C Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality North Carolina Division of Water Quality 401 Water Quality Certification Summary of Permitted Impacts and Mitigation Requirements In accordance with 15A NCAC 2H.0500, to Mr. Greg Ferguson and Mercury Development, have permission to fill or otherwise impact 5.83 acres of 404/wetland (3.24 acres permanent impact, 2.59 acres temporary impact), 2,979 linear feet of perennial stream (2,354 linear feet permanent impacts and 625 linear feet temporary impacts), 581 linear feet of intermittent stream, 0.16 acres of open water (pond), and 215,622 square feet Zone 1 of the Neuse River basin protected riparian buffers (permanent impacts), 42,689 square feet Zone 1 of the Neuse River basin protected riparian buffers (temporary impacts) and 130,680 square feet Zone 2 of the Neuse River basin protected ripazian buffers (permanent impacts), 25,700 square feet Zone 2 of the Neuse River basin protected riparian buffers (temporary impacts), to construct the proposed Wendel] Falls mixed use development, Wendell Falls Parkway and US Highway 64/264 interchange, which is located on the west side of Martin Pond Road (SR2503), 2,600 feet north of the intersection of Martin Pond Road and Poole Road (SR1007), in the Town of Wendell, Wake County, North Carolina. All activities associated. with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS. COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM DWQ PROJECT #: 20061617 LOCATION: Wendell COUNTY Wake BASIN/ SUB BASIN Neuse/03020201 As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for the above mitigable impacts through the restoration, creation, enhancement or preservation of wetlands, surface waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of the state. Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest foot according to 15 2R.0503(b). Im acts ~'° ' ~ Miti ation 3.24 Acres of 404/Wetland 2.15 Acres of 404/Wetland (1.09 acres from previous NCDOT Miti ation* 2,354 Linear Feet Of Perennial Stream 2,354 Linear Feet Of Perennial Stream 127,519 Square Feet of Zone 1 Buffers 308,287 [(Square Feet) after 74,271 square feet from NCDOT miti ation transfer 79,781 Square Feet of Zone 2 Buffers 96,744 [(square feet) after 22,928 squaze feet from NCDOT miti ation transfer * Previous NCDOT Mitigation One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT PROGRAM. Signature Date ECOSYSTEM ENHANCEMENT PROGRAM 1652 Mail Service Center RALEIGH, N.C. 27699-1652 (919) 733-5205 Filename: 061617WendellFalls(Wake}401_NBR_IC_EEP Revised2 No°e Carolina 401 Oversight/Express Review Permitting Unit ~'ttlCa«y 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone (919) 733-1786 / Fax (919) 733-6893 Internet: http://www.ncwaterquality.org An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Certification of Completion DWQ Project No.: Applicant: Project Name: ,county: Date of Issuance of Certification or Authorization: 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 OversightBxpress Permitting 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 En ineer as a duly registered Professional (i.e., g , 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 Permiee 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 witlin 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