20080192 Ver 1_No Written Concurrence_20080304

OF W -.-
March 4, 2008
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
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
DWQ 08-0192
Craven County
Mr. Phillip D. Dunn & Mrs. Linda B. Dunn
520 Half Moon Road
New Bern, NC 28560
Subject Property: 13.01-Acre Lot off Broad Creek Road (Tax PIN #2-016-033)
Broad Creek, Neuse River Basin
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. & Mrs. Dunn:
You have our approval, in accordance with the attached conditions, to impact 0.10 acres of wetlands for
the purpose of constructing a cell phone tower as you described in your application dated January 25,
2008. After reviewing your application, we have decided this fill is below the threshold for written
authorization as long as all conditions of General Water Quality Certification Number 3705 are met,
which may be viewed on our website at http://h2o.enr.state.nc.us/ncwetlands.
This approval is only valid for the purpose and design that you described in your application except as
modified below. If you change your project, you must notify us and you may be required to send us 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 conditions. If total wetland fills for
this project (now or in the future) exceed one acre, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding
Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to
be valid, you must follow the conditions listed in the attached certification and any additional
conditions listed below.
Conditions of Certification:
Upon completion of the project, the applicant shall complete and return the enclosed
"Certification of Completion Form" to notify DWQ that all the 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 Division of Water Quality.
Violations of any condition herein set forth may result in revocation of this Certification and may result
in criminal and/or civil penalties. This Certification shall become null and void unless the above
conditions are made conditions of the Federal 404 and/or coastal Area Management Act Permit.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCaxohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Aawally
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and
its conditions are final and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water
Act and the Neuse River riparian buffer protection rule as described within 15A NCAC 2B .0233. If you
have any questions, please telephone Roberto Scheller of the Washington Regional Office at 252-947-3940
or Ian McMillan of the 401 Oversight/Express Unit at 919-715-4631.
Sincerely
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Certificate of Completion
GC 3705
cc: Kevin Avolis, PE, Avolis Engineering, PA
Corps of Engineers Washington Field Office
DWQ 401 Oversight/Express Unit
File copy
Central Files
Filename: 08-0192