20170520 Ver 3_No Written Concurrence_20180305

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Water Resources
I'.iry ironmcntal Ouolilc
March 2, 2018
City of Kinston
Attn: Mr. Tony Sears, City Manager
207 East King Street
Kinston, NC 28501
Subject: CITY OF KINSTON — BRIERY RUN SEWER REHABILITATION PHASE IV
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Sears:
ROY COOPER
Goremnr
MICHAEL S. REGAN
Srut7rar
LINDA CULPEPPER
luo" inr 171rec air
DWR # 17-0520 V3
LENOIR County
You have our approval, in accordance with the attached conditions to temporarily impact 1.70 acres of
wetlands and 70 linear feet of stream in orderto conduct maintenance activities on the existing municipal
sewer lines as described in your application dated October 17, 2017 and received by the Division of Water
Resources (Division) on October 24, 2017 with subsequent information received on February 28, 2018.
After reviewing your application, we have decided that the impacts are below the threshold for written
authorization as long as the conditions of General Water Quality Certification Number 4085 (GC 4133) are
met. This certification allows you to use the Nationwide 12 when issued by the US Army Corps of
Engineers. In addition, due to the easement existing prior to the Neuse River Riparian Buffer Rules,
impacts as proposed are considered deemed exempt. Please note that you should get any other federal,
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 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:
1. The applicant and/or authorized agent shall provide a completed Certificate of Completion form to
the Division within thirty (30) days of project completion (available at
http://Portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits/apply/forms). [15A NCAC 02H
.0506(b)(5)j
`�Ntrihing Comparcti"
Slate of North Carolina I Environmental Qualify- I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall. Washington, North Carolina 27889
252-946-6481

CITY OF KINSTON — BRIERY RUN
SEWER REHABILITATION PHASE IV
DWR## 17-0520 V3
401APPROVAL
Page 2 of 3
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1508 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 htto://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
in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, 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 Act. Please contact
Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any questions or
concerns.
a
V
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4133
Certification of Completion

CITY OF KINSTON — BRIERY RUN
SEWER REHABILITATION PHASE IV
DWRff 17-0520 V3
401 APPROVAL
Page 3 of 3
cc: Gary Beecher, USACE Washington Regulatory Field Office (via email)
Richard Peed, DEMLR WaRO
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