20110124 Ver 1_No Written Concurrence_20110321

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
City of Kinston
Scott Stevens, City Manager
207 East King Street
Kinston NC 20501
Subject Property: Cary Road Gravity Sewer for Cary Road Fire Station
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Stevens:
Lenoir County
DWQ Project #: 11-0124
You have our approval, in accordance with the attached conditions, to temporarily impact 0.25 acres of
wetlands or waters and 13, 030 sq. feet of buffers (9,930 of Zone 1 and 3,100 of Zone 2) for the
purpose of installing underground gravity sewer line for Cary Road Fire Station as you described in
your application dated January, 2011. This activity is below the threshold for written authorization as
long as all conditions of General Water Quality Certification Number 3819 (GC 3819) are met, which
is attached and also may be viewed on our website at 1http://h2o.enr.state.nc.us/ncwetlands. The
proposed activity is listed as EXEMPT under the Table of Uses (15A NCAC 02B .0233(6)) for non-
perpendicular underground utility lines.
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:
North Carolina Division of Water Quality Internet: www.ncwatea alit .or
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NofthCarohna
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper vVa f 1 / ju//y
Division of Water Quality
Coleen H, Sullins
Director
Dee Freeman
March 21, 2011
Page 2 of 2
1. 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.
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. If you have any questions, please telephone Ian McMillan at 919-804-6364 or Amy Adams at our
Washington Regional Office at 252-948-3917.
Attachments: GC 3819
Certificate of Completion
cc: USACE Washington Field Office
Ian McMillan, DWQ 401 Oversight and Express Unit
DWQ Washington Regional Office File copy
Central Files
Filename: 11-0124_Cityo1K inston_3819_Approva1/aa