20171324 Ver 1_Email to Consultant_20171101

Strickland, Bev
From: Scarbraugh, Anthony
Sent: Wednesday, November 01, 2017 4:52 PM
To: [e-mail]'
Cc: Beecher, Gary H SAW ([e-mail]); Dumpor, Samir
Subject: 401 and Buffer Authorization for City of Kinston Lincoln Street Bridge Scour
Rehabilitation (DWR 17-324)
Attachments: 2017-1324_Lincoln Street Bridge Scour Countermeasures_401_Buffer
Authorization.pdf
Mr. May,
Please find attached the 401 Water Quality Certification and Buffer Authorizations. If you have any questions or
concerns, please feel free to contact me.
Regards,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
943 Washington Square Mall
Washington, NC 27889

Water Resources
Environmental Quality
November 1, 2017
City of Kinston
Attn: Mr. Tony Sears, City Manager
207 East King Street
Kinston, NC 28501
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
DWR # 17-1324
LENOIR County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
APPROVAL OF NEUSE RIPARIAN BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
LINCOLN STREET BRIDGE SCOUR REHABILITATION
Dear Mr. Sears:
You have our approval for the impacts listed below for the purpose described in your application dated
October 10, 2017 and received by the Division of Water Resources (Division) on October 20, 2017. These
impacts are covered by the attached Water Quality General Certification Number 4087, Neuse River
Riparian Buffer Rules, and the conditions listed below. This certification is associated with the use of
Nationwide Permit Number 13 once it is issued to you by the U.S. Army Corps of Engineers. Please note
that you should get any otherfederal, state or local permits before proceeding with your project, including
those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply
Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general
permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and general
conditions of the Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0506(b)(c)) and 15A NCAC 02B .02331
Type of Impact
Amount
Approved (units)
Permanent
Amount Approved
(units)
Temporary
Plan location/
Reference
Attached
Stream
S1 (Rip -Rap)
50 (linear feet)
0 (linear feet)
Sheet 3 of 3
Buffer
Bl (Access —Zone 1)
0 (square feet)
950 (square feet)
Sheet 3 of 3
B1 (Access —Zone 2)
0 (square feet)
665 (square feet)
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operation Section -Washington Regional Orrice
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

CITY OF KINSTON
DWR# 17-01324
401 AND BUFFER APPROVAL
Page 2 of 3
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions. [15A NCAC 028 .0507(d)(2)]
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 4087. [15A NCAC 02B .0507(c)]
4. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 02B .0211 (k). Appropriate sediment and erosion control
practices must be used to meet this standard. [15A NCAC 02B .0211 (k))
The Permittee shall replant the vegetation within temporarily disturbed areas associated
with this project in an "in kind" manner immediately following construction. (Example:
Disturbed areas with pre-existing grassed lawns must be replanted with grass. Disturbed
areas with pre-existing trees or woody vegetation must be replanted with trees and
woody vegetation. Disturbed areas with pre-existing forest vegetation must be replanted
with forest vegetation including at least two different native hardwood tree species at a
density sufficient to provide 260 trees per acre at maturity. This density can usually be
achieved by planting approximately 360 (11 x 11 spacing) to 538 (9 x 9 spacing) trees per
acre.) Restoration of trees/shrubs/forest must be completed by the first subsequent
planting season (November 1 through March 30). Note, if the tree plantings do not
survive, they will need to be replaced such that the density is sufficient to provide 320
trees per acre at maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A
NCAC 02B .0233(6)]
6. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51
This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit a
new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible for
complying with all conditions. [15A NCAC 02B .0507(d)(2)]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received

CITY OF KINSTON
DWRii 17-01324
401 AND BUFFER APPROVAL
Page 3 of 3
in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
Office of Administrative Hearings
6714 Mail Service Center
1711 New Hope Church Road
Raleigh, NC 27699-6714
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water Rules and Neuse
Buffer Rules. Please contact Anthony Scarbraugh at 252-948-3924 or [e-mail] if
you have any questions or concerns.
Sincerely,
Robert Tankard, Assista t Regional Supervisor
Water Quality Regional O erations Section
Division of Water Resources, NCDEQ
Enclosures: GC4087
Certification of Completion
cc: Gary Beecher, USACE Washington Regulatory Field Office (via email)
Samir Dumpor, DEMLR WaRO
DWR WaRO401 File
Laserfiche
Phil May, Carolina Ecosystems, Inc. (via email: [e-mail])

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