20160658 Ver 2_Approval Letter_20170609

Environmentu!
QUQiity
ROY COOPER
cm�ernnr
MICHAEL S. REGAN
sren4nrr
5. JAY ZIMMERMAN
lhrrc�ur
June 9. ?017
Lenoir County
NCDWR Project No. 20160658 v.2
Kinston Riverwalk Phase I
TIP EB-3314D
MODIFICATION of APPROVAL of NEUSE RIPARIAN BUFFER AUTHORIZATION CERTIFICATE
with AUDITIONAL CONDITIONS
Mr. Jay Johnson
NCDOT. Division 2
P.O. Box 1587
Greenville, NC 27835
Dear Mr. Johnson:
You have our approval, in aceordancc with the conditions listed below, for the following impacts for the purpose of
cons[ructing Phase 1 of the Kinston Riverwalk Greenway in Lenoir County:
Lone 1 Zone 2
Greenway- Phase 1 ,__ u, ,__ o� Total
Original impac[s I � �96 I 10,135 I 12,331
Impactsapprovedwith I� I 3,175 I 3,177
this modification
194 I 6.960 I 9.154
Total Buf'fer Impact for ProjecL• 3,177 square feei.
The prolect shall be consVuc[ed in accordance wi[h your modified application dated received June 7, 2017. This
authoriza[ion is valid for [he Neuse Riparian Buffer Rules ( I SA NCAC 26 .0233). In addition, you should acquire
any other federal, state or local perniits before you proceed with your project includine (but not limited to) Sediment
and Erosion Control. Non-Discharge and Wa�er Supply Watershed regulations.
This authorization is valid solely for the purpose and desi�n described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. Ifthe proper[y is sold, [he
new owner must be given a copy of this authorization letter, and is [hereby responsible for complying with all the
conditions. Iftotal wedand fills for this project (now or in the future) exceed one acre, or oftotal impac[s [o streams
(now or in the future) exceed � 50 linear feet.. compensatory mitigation may be required as described in I SA NCAC
2H .0506 (h) (6) and (7). Additional buffer impacts may require compensarory miti�ation as described in ISA
NCAC 26.0233. For this approval to remain valid, you must adhere to the conditions listed below.
Condition(s) o[Authorization:
l. Due to the revised minimal impacts associated with the construction of the Kinston Greenway Phase I,
compensatory mitigation will not be required for the previously unauthorized impacts. This condition replaces
Conditions I and 2 of the Buffer Authorization dated November? I, 2016.
-' �'Nothing Compares .- .
Staiz of North Carolina � Emironmental Qualily
Itil7 Maii Service Cznrer I Raleigh. Nonh Carolina 27699-1617

If you wish to contest any statement in the attached Certification you must file a petition for an administrative
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 nortnal office hours. T'he Office of
Administrative 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 petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the dceument is received by the Office of
Administrative Hearings within five (5) business days following the fa7ced transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served an DEQ as follows:
Mr. Bill F. Lane, General Counsel
Depardnent of Env'vonmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources. If you have any questions, please contact
Garcy Ward at [phone]or [e-mail].
Sincerely,
�
' � .
S. Ja �mmerma�, Director
Division of Water Resources
Electronic copy only distribution:
Tom Steffens, US Army Corps af Engineers, Washingtan Field Office
Jay Johnson, Division 2 Environmental Officer
Jason Elliott, NCDOT, Nabual Emironment Sec[ion
Garcy Ward, NC Division of Water Resources Washington Regional Office
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