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HomeMy WebLinkAbout20070047 Ver 1_Approval Letter_20070219~, ~~/~ TF Michael F. Easley, Governor ~? fir William G. Ross Jr., Secretary ~~~ ~ ~~~~~~ North Carolina Department of Environment and Natural Resources Uj ~~~~;t~§~' Alan W. Klimek, P.E. Director ~ ~.~~1~~~`- --i Division of Water Quality fl ~ Dr. Greg Thorpe, PhD., Manager Planning and Environmental Branch North Carolina Department of Transportation 1548 Mail Service Center Raleigh, North Carolina, 27699-1548 February 19, 2007 Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act with ADDITIONAL CONDITIONS Proposed Construction of Second Bridge to Oak Island in Brunswick County, Federal Aid Project No. STP-1105(6), State Project No. 8.2231201, TIP Project No. R-2245. DWQ Project No. 20070047, Individual Certification No. 3608 Dear Dr. Thorpe: Attached hereto is a copy of Certification No. 3608 issued to The North Carolina Department of Transportation dated February 19, 2007. If we can be of further assistance, do not hesitate to contact us. Sincerely, ~~~ i ?'2. /` ~~ ,/~ Alan W. Klimek, P.E. Director Attachments cc: Dave Timpy, US Army Corps of Engineers, Wilmington Field Office Jennifer Frye, US Army Corps of Engineers, Wilmington Field Office Chris Militscher, Environmental Protection Agency Kathy Matthews, Environmental Protection Agency Travis Wilson, NC Wildlife Resources Commission Gary Jordan, US Fish and Wildlife Service Steve Sollod, Division of Coastal Management Ken Averitte, DWQ Fayetteville Regional Office File Copy N~o~lrthCarolina Transportation Permitting Unit ~ vatuCa~~l~ 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 I Internet: http:i!h2o.enr.state.nc.usincwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~~ 1'V t1 (~`~ William G. Ross Jr., Secretary a~C~ QG North Carolina Department of Environment and Natural Resources Cn ~, Alan W. Klimek, P.E. Director j Division of Water Quality C.~ ~c 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 Quality (DWQ) Regulations in 15 NCAC 2H .0500. This certification authorizes the NCDOT to impact 22.798 acres of jurisdictional wetlands and 3541inear feet of jurisdictional streams in Brunswick County. The project shall be constructed pursuant to the application dated received January 8, 2007 and the subsequent supplemental information submittals dated received January 19, 2007 and January 30, 2007. The authorized impacts are as described below: Stream Impacts in the Lumber River Basin Site Permanent Fill in Temporary Permanent Temporary Total Stream Intermittent Stream Fill in Fill in Fill in Stream Impacts (linear ft) Intermittent Perennial Perennial Impact Requiring Stream (linear Stream Stream (linear ft) Mitigation ft linear ft linear ft linear ft 11 207 52 0 0 259 0 34 0 0 15 80 95 0 Total 207 52 15 80 354 0 Total Stream Impact for Project: 3541inear feet Wetland Impacts in the Lumber River Basin Site Fill (ac) Fill (temporary) ac Drawdown Effect ac Excavation (ac) Mechanized Clearing ac Hand Clearing ac Area under Bridge ac Total Wetland Im act ac 2 0.026 0.027 0 0 0 0 0 0.053 4 0 0.019 0 0 0 0 0 0.019 6 1.348 0 0 0 0.174 0.082 0 1.604 8 0.046 0 0 0 0.020 0.014 0 0.080 9 0.099 0 0 0 0.007 0 0 0.106 10 0.108 0 0 0 0.029 0.035 0 0.172 11 1.203 0 0 0 0.204 0.151 0 1.558 12 1.013 0 0 0 0.159 0.055 0 1.227 13 0.029 0 0 0 0.041 0.015 0 0.085 14 0.669 0 0 0 0.081 0.023 0 0.773 15 0.003 0 0 0 0.007 0.014 0 0.024 16 0.231 0 0 0 0.045 0 0 0.276 17 0.325 0 0 0 0.040 0.030 0 0.395 18 0.105 0 0 0 0.042 0.035 0 0.182 19 1.070 0 0 0 0.091 0 0 1.161 20 0.142 0 0 0 0.026 0 0 0.168 21 2.388 0 0 0 0.385 0.125 0 2.898 22 1.313 0 0 0 0.244 0.279 0 1.836 23 0.161 0 0 0 0.021 0.008 0 0.190 24 2.889 0 0 0 0.456 0.089 0 3.434 No~thCarolina Transportation Permitting Unit UEllCU~~I~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 I Internet: http:Uh2o.enr.state.nc.us?ncwetiands An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper \C~Q~ ~~ H rfi~~G William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Alan W. Klimek, P.E. Director ~-d~~ Division of Water Quality S~ '~' 25 2.497 0 0 0 0.411 0.167 0 3.075 26 0 0 0 0 0 0.013 0 0.013 27 0.004 0 0 0 0.021 0.007 0 0.032 28 0 0 0 0 0 0.002 0 0.002 29 0.682 0 0 0 0.123 0.019 0 0.824 30 0.687 0 0 0 0.297 0.091 0 1.075 31 0.073 0 0 0 0.015 0 0 0.088 32 0.514 0 0.671 0.166 0 0 0 1.351 33 0.047 0 0 0 0 0.050 0 0.097 Total 17.672 0.046 0.671 0.166 2.939 1.304 0 22.798 Total Wetland Impact for Project: 22.798 acres. Open Water Impacts in the Lumber River Basin Site Permanent Fill in O en Waters ac Temporary Fill in O en Waters ac Total Fill in Open Waters ac 3 0.001 0.029 0.030 4 0 0.006 0.006 5 0.068 0.012 0.080 Total 0.069 0.047 0.116 Total Open Water Impact for Project: 0.116 acres. The application provides adequate assurance that the discharge of fill material into the waters of the Lumber River Basin or wetlands 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 January 8, 2007 and the subsequent supplemental information submittals dated received January 19, 2007 and January 30, 2007. Should your project change, you are required to notify the DWQ 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 1501inear feet, respectively, additional compensatory mitigation maybe 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. N~os~e Carolina Transportation Permitting Unit ~/Vl~fllCll~~i~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-689311nternet: http:ilh2o.enr.state.nc.usincwetiands An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~~ ~VH ~~~ William G. Ross Jr., Secretary ~~tiC~ QG North Carolina Department of Environment and Natural Resources crj T' Alan W. Klimek, P.E. Director y ~ f - Division of Water Quality G3 "C Condition(s) of Certification: Project Specific Condition(s) Control of access shall be maintained along the proposed road corridor. Control of access shall be maintained through the Memorandum of Understanding (MOU) agreed to by Federal Highways Administration (FHWA), NC Department of Transportation (NC DOT), NC Department of Environment and Natural Resources (NC DENR), and US Environmental Protection Agency (US EPA) that was submitted in your application regarding the control of access procedures. The MOU states that a "Special Control of Access" symbol shall be included on all roadway plans for the Second Bridge to Oak Island. The symbol shall denote that special approval is necessary to break access along the road corridor. This special approval requires unanimous agreement in writing of the signatory agencies (FHWA, NC DOT, NC DENR, US EPA) to allow the break in access control. The MOU establishes three designated access breaks as follows: Access Centerline of Access Break East or West of Mainline Access 2 -L- Station 72+65.00 West Access 3 -L- Station 192+55.00 East Access 4 -L- Station 151+55.00 West 4 These access breaks are approved and not subject to the procedures of the MOU. 2. Although all three access breaks are approved by the MOU, only Access 3 and Access 4 are approved for construction under this Water Quality Certification. Access 3 shall be located at -L- Station No. 192+55.00 and shall maintain control of access for 100 feet of width for approximately 1,000 linear feet of roadway from the eastern edge of the mainline right-of--way. Small animal passage shall be provided under Access 3 by four 60" by 46" corrugated aluminum pipes with a continuous aluminum barrier at both ends. The small animal passage pipes shall be buried one foot deep and backfilled with one foot of soil. Access 4 shall be located at -L- Station No. 151+55.00 and shall maintain control of access for 100 feet of width for approximately 1,500 linear feet of roadway from the western edge of the mainline right-of--way. 3. Small animal passage shall be provided under the proposed subdivision road intersecting the wildlife corridor on the Williamson property. The small animal passage shall be constructed in accordance with section 3(b) of the notarized landowner agreement dated November 20, 2006 submitted in your application. Access 2 will provide landowner access to MAS Properties, LLC. Access 2 shall be located at - L- Station No. 72+65.00 and shall maintain control of access for 100 feet of width for approximately SOO linear feet of roadway from the western edge of the mainline right-of--way. If the final design plans for Access 2 include impacts to streams or wetlands, MAS Properties, LLC shall submit five copies of the application fora 401 Water Quality Certification and required fees to the NC Division of Water Quality for approval. Final designs shall reflect all appropriate avoidance, minimization, and mitigation for impacts to wetlands, streams, and other surface waters. No construction activities related to Access 2 that impact any wetlands, streams, or surface waters, shall begin until after the permittee applies for, and receives written concurrence in the form of a 401 Water Quality Certification from the NC Division of Water Quality. Any Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-689311nternet: http:;;h2o.enr.state.nc.us%ncwetlands An Equal OpportunitylAffirmativeAaion Employer- 50% Recycledl10% Post Consumer Paper vv x j_ \fl~~F ~~QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ~ Afan W. Klimek, P.E. Director ' r~_' Division of Water Quality ~ --! 4 ..C. future landowners of the property accessed by Access 2 are also subject to the requirements of this condition. 5. NC DOT shall provide a gated driveway access point at approximately -L- Station No. 73+00 Rt for the US Army Corps of Engineers to access maintenance areas for the Atlantic Intracoastal Waterway. 6. NC DOT shall adhere to all appropriate in-water work moratoriums (including the use of pile driving) prescribed by the National Marine Fisheries Service and the NC Division of Marine Fisheries. No in-water work is permitted between February 1 and September 30 of any year, without prior approval from the NC Division of Water Quality, the National Marine Fisheries Service, and the NC Division of Marine Fisheries. In addition, the NC DOT shall conform with the NCDOT policy entitled "Stream Crossing Guidelines for Anadromous Fish Passage" (May 12, 1997) at all times. 7. The bridge over Davis Canal shall be constructed using driven piles. The bridge over the Atlantic Intracoastal Waterway shall be constructed using drilled shaft pile installation. Jetting shall not be used to install bridge piles at either location. NC DOT shall follow the "Precautionary Guidelines for General Construction in Areas that may be used by the West Indian Manatee in North Carolina" in accordance with US Fish and Wildlife Service requirements. 9. Ten small animal passage pipes shall be constructed under the proposed mainline road between Station Nos. 147+00 and 210+00. The animal passage pipes shall be 48" reinforced concrete pipes or 60" by 46" corrugated aluminum pipes and shall be buried one foot deep and backfilled with one foot of soil. 10. For all construction activities occurring in high quality water (HQW) watersheds, NC DOT shall use Design Standards in Sensitive Watersheds [15A NCAC 4B .0124(a)-(e)]. All land disturbing activities south of-L- Station No. 141+00 are subject to Design Standards in Sensitive Watersheds. However, due to the size of the project, NC DOT shall not be required to meet 15A NCAC 4B .0124(a) regarding the maximum amount of uncovered acres. 11. If multiple pipes or barrels are required, they should 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. 12. As part of the avoidance and minimization strategy, NC DOT shall place approximately 880 acres under a conservation easement. The conservation easements shall be made up of properties from two separate landowners, the Williamsons and the Reserve Development Company (RDC). The Williamson properties shall include West Bay, the western end of East Bay, a 300-foot wildlife corridor connecting the two bays, and three future park areas (PR3, PR11, PR13). The RDC properties shall include North Bay, the remainder of East Bay, and a 300-foot wildlife corridor connecting East Bay and North Bay. These properties are shown on Exhibit A of the respective landowner agreements and on the map titled "R-2245 Second Bridge No ethCarolina Transportation Permitting Unit ~atuCa!!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:it'h2o.enr.state.nc.usincwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled110% Post Consumer Paper QF ~VFI r~iQ William G. Ross Jr., Secretary `~C~ QG North Carolina Department of Environment and Natural Resources Cry P Alan W. Klimek, P.E. Director } Division of Water Quality ~ ~-{ 4 ~' to Oak Island Water quality Certification Application Proposed Conservation Easement Details" dated January 26, 2007. The approximate conservation easement wetland and upland acreages are as follows: Landowner Land T e Acrea e Williamson Wetland 410 Upland 20 Total 430 Reserve Development Co. Wetland 290 Upland 160 Total 450 Total 880 13. The conservation easements for the Williamson property and the RDC property shall be signed and recorded with the Brunswick County Register of Deeds by September 30, 2007. 14. The property adjacent to -L- Station No. 199+30 Rt to 208+30 Rt has been obtained by NC DOT as part of the 300-foot wide wildlife corridor between the East Bay and North Bay. This property shall remain undisturbed and shall be noted in the NC DOT roadway plans as part of the wildlife corridor. In addition, the parcel shall be recorded as a mitigation site in NC DOT's Mitigation Site Geodatabase. In the event that the parcel is transferred to another landowner, a conservation easement shall be placed on the parcel in perpetuity. 15. No work shall be performed in jurisdictional waters prior to obtaining a State Stormwater Permit. 16. 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 re-vegetated with appropriate native species. 17. Bridge deck drains should not discharge directly into streams. Stormwater should 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. Please refer to the most current version of Stormwater Best Management Practices. Stormwater shall be managed in accordance with your State Stormwater Permit issued by DWQ. 18. Placement of culverts and other structures in waters, streams, and wetlands 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 DWQ. If this condition is unable to be met due to bedrock or other limiting features encountered during construction, please contact Onc NorthCarolina Transportation Permitting Unit ~Rflfl'GI~~I~ 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:i; h2o.enr.state.nc.usincwetlands An Equal OpportunitylAffirmativeRction Employer- 50% Recycledll0% Post Consumer Paper (~F ~'~~~ (~9 William G. Ross Jr., Secretary `~~ QG North Carolina Department of Environment and Natural Resources t ~ ~ Alan W. Klimek, P.E. Direct Y Division of Water Qualit O '~ the NC DWQ for guidance on how to proceed and to determine whether or not a permit modification will be required. 19. Riprap should 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. 20. Compensatory mitigation for impacts to 0.026 acres of riverine wetlands and 21.422 acres of non-riverine wetlands (total of 21.448 acres) is required at a 2:1 ratio. Therefore, mitigation for 0.052 acres of riverine wetlands and 42.844 acres ofnon-riverine wetlands is required. 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 letter dated January 12, 2007 that they will assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced project, in accordance with the Tri-Party MOA signed on July 22, 2003 and the Dual-Party MOA signed on April 12, 2004. General Condition(s) 21. If concrete is used during construction, a dry work area should be maintained to prevent direct contact between curing concrete and stream water. Water that inadvertently contacts uncured concrete should not be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills. 22. 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. 23. The dimension, pattern and profile of the stream above and below the crossing should not be modified. Disturbed floodplains and streams should be restored to natural geomorphic conditions. 24. 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. 25. 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. 26. 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. 27. Heavy equipment may be operated within the stream channels however, its usage shall be minimized. No° [hCarolina Transportation Permitting Unit ~(IfllClT~~~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 / Internet: http:ilh2o.enr.state.nc.usincwetlands An Equal OpportunitylAffirmative Action Employer - 50% Recycled/10% Post Consumer Paper t7 -- -- fij William G. Ross Jr., Secretary ~~C~ QG North Carolina Department of Environment and Natural Resources Cr , ~, Alan W. Klimek, P.E. Director } Division of Water Quality ~I t~ 'C' 28. 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. 29. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this certification. 30. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface waters is prohibited. 31. 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 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, DWQ may reevaluate and modify this certification. 32. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise authorized by this certification. 33. A copy of this Water Quality Certification shall be posted 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. 34. 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. 35. Upon completion of the project, the NCDOT Division Engineer shall complete and return the enclosed "Certification of Completion Form" to notify DWQ when all work included in the 401 Certification has been completed. 36. Native riparian vegetation (ex., river birch, green ash, water tupelo, blackgum, redbay, sycamore, swamp chestnut oak, tag alder, common pawpaw, ironwood, sweet pepperbush, titi, Virginai willow, doghobble) must be reestablished within the construction limits of the project by the end of the growing season following completion of construction. 37. 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 be located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road construction activities. 38. 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. NorthCarolina Transportation Permitting Unit ~6lflfC6l~~l,J 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX 919-733-6893 /Internet: http:ilh2o.enr.state.nc.usincwetiands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ~~~~~ ~'~~ 1 ~`~QG William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources ~ Alan W. Klimek, P.E. Director ~ r Division of Water Quality --! Ga 'C 39. 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. a. 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. b. 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. c. The reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. 40. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this Certification. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored upon completion of the project. 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 Federa1404 and/or Coastal Area Management Act Permit. This Certification shall expire upon the expiration of the 404 or CAMA permit. If this Certification is unacceptable to 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 final and binding. This the 19th day of February 2007 DIVISION OF WATER QUALITY ~// ' ' Z Alan W. Klimek, P.E. Director WQC No. 3608 No thCarolina Transportation Permitting Unit ~ilttlCAlll~ 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-17861 fAX 919-733-689311ntemet: http:I;h2o.enr.state.nc.uslncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper