HomeMy WebLinkAbout20181732 Ver 1_Approval Letter_20190417DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Philip S. Harris, III, P.E., CPM
Environmental Analysis Unit Head
North Carolina Department of Transportation
1598 Mail Service Center
Raleigh, North Carolina, 27699-1598
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ApYll 17, 2019
Subject: 401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act CATAWBA
BUFFER RULES with ADDITIONAL CONDITIONS for Proposed improvements to Highway 150 from
the intersection with the Highway 16 bypass in Lincoln County to intersection with Highway 21 in Iredell
County, including the I-77/Highway 150 interchange improvements in Lincoln, Catawba and Iredell
Counties, Federal Aid Project No. STP-150(19), State Project No. R-2307AB, I-5717.
NCDWR Proj ect No. 20181732
Dear Mr. Harris:
Attached hereto is a copy of Certification No. WQC004181 issued to The North Carolina Department of
Transportation (NCDOT) dated April 17, 2019. Please be advised that this project is being constructed under a
phased permit. As of the date of its issuance, only impacts for R-2307B and I-5717 are permitted. Before
construction can begin on R-2307A, this individual permit must be modiiied with final design impact numbers on
streams, wetlands, and Catawba buffers, as applicable, as well as an updated letter from Division of Mitigation
Services.
Additionally, this project has a known and unknown areas of coal ash fill along the entirety of the project. Those
areas, whether known or discovered during construction, are subject to the Coal Ash Management Act, North
Carolina General Statue 130A-309. Ground disturbance of those properties is subject to the Act.
If we can be of further assistance, do not hesitate to contact us.
Sincerely,
DocuSigned by:
V�-�W 1.�.(.L��Y�.(A�i�.
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Linda Culpepper, � �e��s,zocoa�a_.
Division of Water Resources
Attachments
Electronic copy only distribution:
Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Field Office
Trish Beam, Division 12 Environmental Officer
Carla Dagnino, NC Department of Transportation
Amanetta Somerville, US Environmental Protection Agency
����� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
`"`�"`�"���'"'��"`�� 919.707.9000
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
Claire Ellwanger, US Fish and Wildlife Service
Marla Chambers, NC Wildlife Resources Commission
Beth Harmon, Division of Mitigarion Services
Donna Hood, NC Division of Water Resources Mooresville Regional Office
File Copy
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
401 Water Quality Certification Pursuant to Section 401 of the Federal Clean Water Act CATAWBA
BUFFER RULES with ADDITIONAL CONDITIONS
THIS CERTIFICATION is issued in conformity with the requirements of Secrion 401 Public Laws 92-500 and
95-217 of the United States and subject to the North Carolina Division of Water Resources (NCDWR) Regularions
in 15 NCAC 2H .0500 and 15A NCAC 2B .0243. This certification authorizes the NCDOT to impact 0.06 acres of
jurisdicrional wetlands, 447 linear feet of jurisdictional streams and 35,328 square feet of protected riparian buffers
in Catawba and Iredell Counties. The project shall be constructed pursuant to the application dated received
December 21, 2019. The authorized impacts are as described below:
Stream Im acts in the Catawba River Basin
Site Permanent Fill in Permanent Temporary Total Stream Stream Impact Stream
Intermittent Stream Fill in Fill in Impact per Site (DWR Impacts
(linear ft) Perennial Perennial (linear ft) mitigation Requiring
Stream Stream (linear determination) Mitigation
(linear ft) ft) (linear ft)
7 117 117 0
(L W 555+00)
8 39 39 107 0
(L W 755+00)
9 68 17 85 0
(L E 755+00)
10 97 20 117 97 0
(L E 784+00)
11 98 19 117 126 0
(L E 792+00)
12 28 20 48 0
(L W 793+00)
117 330 76 519 330 0
Total
Total Stream Impact for Project: 5191inear feet
DWR Stream Mitigation Required: 0 linear feet
ACOE Stream Mitigation Required: 4471inear feet
Wetland Im acts in the Catawba River Basin
Site Fill Fill Excavation Mechanized Hand Area under Total
(ac) (temporary) (ac) Clearing Clearing Bridge Wetland
(ac) (ac) (ac) (ac) Impact (ac)
7 0.05 0.01 0.06
(L Sta 555+00)
0.06
Total
Total Wetland Impact for Project: 0.06 acres.
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
O en Water Im acts in the Catawba River Basin
Site Permanent Fill in Open Temporary Fill in Open
Waters (ac) Waters (ac)
1 (L W 451+00) <0.01 <0.01
2 �L w 4s�+oo� <o.oi o.oz
3(L W 457+00 to 467+00) 3.11
4(L W 474+00 to 487+00) 3.91
5(L E 486+00) 0.01 0.02
6(L E 520+00) 0.02 0.06
7.05 0.10
Total
Total Open Water Impact for Project: 7.05 acres.
Catawba Ri arian Buffer Im acts
Buffer Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Site Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 1:1 ratio, (sq ft) wetlands) 1:1 ratio, in
in HUC) (sq ft) HUC)
Lake 20,406 0 20,406 20,406 14922 0 14922 14,922
Norma
n
Totals
Total Buffer Impact for Project: 35,328 square feet.
* n/a = Total for Site is less than 1/3 acre and 1501inear feet of impact, no mitigation required
The application provides adequate assurance that the discharge of fill material into the waters of the Catawba River
Basin in conjuncrion 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 accardance
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
December 21, 2018. 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 1501inear feet, respectively, additional compensatory
mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may
require compensatory mitigation as described in 15A NCAC 2B .0243. 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 Starmwater, 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.
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
Condition(s) of Certification:
Project Specitic Conditions
1. This project has known, and potenrially unknown, coal ash iill areas. Addirional requirements will be
needed to ensure compliance with the Coal Ash Management Act of North Carolina. Please see the
enclosed attachment for additional requirements. NCGS § 130A-309
2. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive velocities, unless
otherwise approved by this certification. Sheetflow requirements are waived per request with low velocities
achieved per submitted plans and email. 15A NCAC 2B .0243
3. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to
the preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with
non-woody species by the end of the growing season following completion of construction. For the
purpose of this condition, maintained buffer areas are defined as areas within the transportation corridor
that will be subject to regular NCDOT maintenance activities including mowing. The area with non-
maintained buffers shall be permanently revegetated with native woody species before the next growing
season following completion of construction. 15A NCAC 2B A243
4. Pursuant to 15A NCAC 2B .0245(6), sediment and erosion control devices shall not be placed in Zone 1 of
any Catawba Buffer without prior approval by the NCDWR. At this time, the NCDWR has approved no
sediment and erosion control devices in Zone 1, outside of the approved project impacts, anywhere on this
project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided
that Zone 1 is not compromised and that discharge is released as diffuse flow.
5. The NCDOT Division Environmental Officer or Environmental Assistant will conduct a pre-construction
meeting with all appropriate staff to ensure that the project supervisor and essential staff understand the
potential issues with stream and pipe alignment at the permitted site. NCDWR staff shall be invited to the
pre-construction meering. [15A NCAC 02H.0506(b)(2) and (b)(3)]
6. The post-construcrion 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. [15A NCAC 02H .0506(b)(2)
7. As a condition of this 401 Water Quality Certification, the bridge demolition and construction must be
accomplished in strict compliance with the most recent version of NCDOT's Best Management Practices
for Construction and Maintenance Activities. [15A NCAC 02H .0507(d)(2) and 15A NCAC 02H
.0506(b)(5)]
8. 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 Ti^ansportation
Stormwater Best Management Practices Toolbox manual for approved measures. [ 15A NCAC 02H
.0507(d)(2) and 15A NCAC 02H .0506(b)(5)]
9. Bridge piles and bents shall be constructed using driven piles (hammer or vibratory) or drilled shaft
construction methods. More specifically, j etting or other methods of pile driving are prohibited without
prior written approval from the NCDWR first. [15A NCAC 02H.0506(b)(2)]
10. 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. [15A NCAC 02H .0506(b)(3)
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
11. A turbidity curtain will be installed in the stream if driving or drilling activities occur within the stream
channel, on the stream bank, or within 5 feet of the top of bank, or during the removal of bents from an old
bridge. This condition can be waived with prior approval from the NCDWR. [15A NCAC 02H .0506(b)(3)
12. All bridge construction shall be performed from the existing bridge, temporary work bridges, temporary
causeways, or floating or sunken barges. If work condirions require barges, they shall be floated into
position and then sunk. The barges shall not be sunk and then dragged into position. Under no
circumstances should barges be dragged along the bottom of the surface water. [15A NCAC 02H
.0506(b)(3)
13. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as
closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate.
Widening the stream channel should be avoided. Stream channel widening at the inlet or outlet end of
structures typically decreases water velocity causing sediment deposition that requires increased
maintenance and disrupts aquatic life passage. [15A NCAC 02H.0506(b)(2)]
14. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that
precludes aquatic life passage. Bioengineering boulders or structures should be properly designed, sized
and installed. [15A NCAC 02H.0506(b)(2)]
15. For the _ linear feet of streams being impacted due to site dewatering activiries, the site shall be graded
to its preconstruction contours and revegetated with appropriate narive species. [15A NCAC
02H.0506(b)(2)]
16. The stream channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent pracricable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shall be temporary and be revegetated with native riparian species. [15A NCAC
02H.0506(b)(2)]
17. NCDOT shall be in compliance with the NCS00250 issued to the NCDOT, including the applicable
requirements of the NCGO1000. Please note the extra protections for the sensitive watersheds.
18. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to turbidity
shall be designed, constructed, and operated with sediment and erosion control measures that meet Design
Standards in Sensitive Watersheds (15A NCAC 4B .0124). 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.
19. All portions of the proposed project draining to 303(d) listed watersheds that are impaired due to biological
criteria exceedances 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.
20. The NCDOT shall design, construct, and operate and maintain hazardous spill catch basins (HSCBs) at lake
crossing within the WS CA watershed. The HSCBs shall be located at Station numbers L Sta 456+00 and
487+00.[15A NCAC 02B.0200]
21. Compensatory mitigation for impacts to 20,406 square feet of protected riparian buffers in Zone 1 and
14,922 square feet of protected riparian buffers in Zone 2 shall be required. We understand that you have
chosen to perform compensatory mitigation for impacts to protected buffers through use of the North
Carolina Division of Mitigation Services (DMS) (formerly NCEEP). Mitigation for unavoidable impacts to
Catawba Riparian Buffers shall be provided in the Catawba River Basin and done in accordance with 15A
NCAC .02B .0295. The DMS has indicated in a letter dated December 19, 2018 that they will assume
responsibility for satisfying the compensatory mitigation requirements for the above-referenced project, in
accordance with DMS's Mitigation Banking Instrument signed June 14, 2016. 15A NCAC .02B .0243
22. Compensatory mitigation for impacts to 0.06 riverine wetlands is required. We understand that you have
chosen to perform compensatory mitigation for impacts to wetlands through the North Carolina Division of
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
Mitigation Services (DMS) (formerly NCEEP), and that the DMS has agreed to implement the mitigation
for the project. DMS has indicated in a letter dated December 19, 2018 that they will assume responsibility
for satisfying the federal Clean Water Act compensatory mitigation requirements for the above-referenced
project, in accordance with DMS's Mirigation Banking Instrument signed July 28, 2010. [15A NCAC
2H.0506(h)]
23. Compensatory mitigation for 4471inear feet of impact to streams is required. We understand that you
have chosen to perform compensatory mitigation for impacts to streams through the North Carolina
Division of Mitigarion Service (DMS) (formerly NCEEP), and that the DMS has agreed to implement the
mitigation for the project. The DMS has indicated in a letter dated December 19, 2018 that they will
assume responsibility for satisfying the federal Clean Water Act compensatory mitigation requirements for
the above-referenced project, in accordance with the DMS Mitigation Banking Instrument signed July 28,
2010. [15A NCAC 2H.0506(h)]
24. When final design plans are completed for R-2307 Section A, a modification to the 401 Water Quality
Certification and the Catawba River Riparian Buffer 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 activiries that impact any wetlands, streams, surface waters, or buffers located in R-2307
Section A shall begin until after the permittee applies for, and receives a written modification of the 401
Water Quality Certificarion and the Catawba River Riparian Buffer Authorization from the NC
Division of Water Resources. [15A NCAC 02H. 0506(b)]
25.
General Conditions:
1. 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 ar 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 condirion is unable to be met due to bedrock ar 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. [15A NCAC 02H.0506(b)(2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
[15A NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. 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.
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6. The Permittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted far approval. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
7. All wark 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
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing water. [15A NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [ 15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contaminarion of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
[15A NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
cerrification. [15A NCAC 02H.0506(b)(3)]
11. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. When applicable, all construction activities shall be performed and maintained in full compliance with
G.S. Chapter 113A Article 4(Sediment and Pollution Control Act of 1973). Regardless of applicability
of the Sediment and Pollurion Control Act, all projects shall incorporate appropriate Best Management
Practices for the control of sediment and erosion so that no violations of state water quality standards,
statutes, or rules occur. [15A NCAC 02H .0506{b)(3) and (c)(3) and 15A NCAC 02B .0200]
13. Design, installarion, operation, and maintenance of all sediment and erosion control measures shall be
equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment
and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion
Control Manual.
14. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with the project. Sufficient materials
required for stabilization and/or repair of erosion control measures and stormwater routing and
treatment shall be on site at all times.
15. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and
maintained in accardance with the most recent version of the North Carolina Surface Mining Manual.
Reclamation measures and implementation shall comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971.
16. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-
11, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and
erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design
Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3) and (c)(3); GC 4135]
17. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. If the NCDWR determines that such
standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR
may reevaluate and modify this certification. [15A NCAC 02B.0200]
18. All fill slopes located in jurisdictional wetlands shall be placed at slopes no flatter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
19. 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
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and
(�)(�)l
20. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorizarion, including all non-commercial borrow and waste sites associated with the project, shall be clearly
marked by highly visible fencing prior to any land disturbing activities. Impacts to areas within the fencing
are prohibited unless otherwise authorized by this certification. [ 15A NCAC 02H.0501 and .0502]
21. 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.
22. The Permittee shall report any violations of this certification to the Division of Water Resources within 24
hours of discovery. [15A NCAC 02B.0506(b)(2)]
23. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer shall complete and return the enclosed "Certification of Complerion Form" to notify the
NCDWR when all work included in the 401 Certification has been completed. [15A NCAC 02H.0502(�]
24. Native riparian vegetation (ex. Salix nigra, Juncus (spp), Carex (spp), et al.) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following
completion of construction. [15A NCAC 02B.0231(b)(6)]
25. 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 construcrion activiries. [ 15A NCAC 02H.0506(b)(3) and (c)(3)
26. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect
surface waters standards [15A NCAC 02H.0506(b)(3) and (c)(3):
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accardance 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 Contr�ol 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.
27. Sediment and erosion control measures shall not be placed in wetlands or surface waters, or within 5 feet of
the top of bank, without prior approval from DWR [15A NCAC 02H.0506(b)(3) and (c)(3)]
Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal
and/ar 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 ar CAMA permit.
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
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
Administrarive Hearings accepts filings Monday through Friday between the hours of 8:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the peririon must be filed with the Office of
Administrarive 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 DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This the 17th day of Apri12019
DIVISION OF WATER RESOURCES
DocuSigned by:
Qw�� r,�,a�pw�a�,
9C9886312DCD474...
Linda Culpepper, Director
WQC No. 004181
DocuSign Envelope ID: 090E5455-A53E-48C0-92DE-E9A7CF4D956C
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ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
N�RTH �.A�Q�INA
En M�ror�m�rtfut �ualir�
NCDWR Project No.:
County:
Applicant:
Project Name:
Date of Issuance of 401 Water Quality Certitication:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Cerrification or applicable Buffer Rules, and
any subsequent modifications, the applicant is required to return this certificate to the 401 Transportarion Permitting
Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form
may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not
necessary to send certificates from all of these.
Applicant's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Agent's Certification
I, , hereby state that, to the best of my abilities, due care and diligence
was used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, , as a duly registered Professional Engineer in the State of North
Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the
Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the
construction such that the construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.
Signature Registration No.
Date
����� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street I 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
`"`�"`�"���'"'��"`�� 919.707.9000