19970506 Ver 2_Approval Letter_20140116 (2)

4,
A7FWA
44,
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 16, 2014
DWR # 97 -0506 v2 correction
Yadkin County
Yadkin County Soil and Water Conservation District
Attn: Jason Walker
209 S. Elm Street
Yadkinville NC 27055
Subject: APPROVAL OF INDIVIDUAL 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Yadkin County Park at the Yadkin County 5D Reservoir
USACE Action ID. No. SAW- 1997 -00289
Dear Mr. Walker:
Attached hereto is a copy of Certification No. 3149 issued to Mr. Jason Walker and The
Yadkin County Soil and Water Conservation District, dated January 16, 2014. This
certification replaces the previous certification issued on October 22, 2013. Please note
that you should get any other federal, state or local permits before proceeding with the
subject project, including those required by (but not limited to) Sediment and Erosion
Control, Non - Discharge, and Water Supply Watershed regulations. This permit is for
additional fill from the construction of water dependent structures at the Yadkin County
Park and does not void any conditions in the previously issued Certification #3149 dated
March 2, 1998.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH) within sixty (60) calendar days.
A petition form may be obtained from the OAH at http: / /www.ncoah.pQm/ or by calling the
OAH Clerk's Office at (919) 431 -3000 for information. 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).
Wetlands, Buffers, Stormwater— Compliance and Permitting (Webscape) Unit One
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 O O Carolina
Location* 512 N. Salisbury St Raleigh, North Carolina 27604
Phone [phone] FAX [phone] l Customer Service 1- 877 - 623 -6748 �����! /y,�
Internet www ncwaterquality org ea/

Yadkin County Soil and Water Conservation District
DWR# 97 -0506 v2 correction
Individual Certification #3149
Page 2 of 7
The petition may be faxed to the OAH at (919) 431 -3100, 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 DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
Unless such a petition is filed, this Certification shall be final and binding.
This certification completes the review of the Division under section 401 of the Clean Water Act
and 15A NCAC 02H.0500. Contact Sup Homewood at 336 - 771 -4964 or
sue. homewood @ncdenr.eov if you have any questions or concerns.
Sincerely,
Karen Higgins, Supervi or
401 & Buffer Permitting Unit
cc: Jean Gibby, USACE Raleigh Regulatory Field Office (via email)
UWR VVSRO 401 flies
Todd Bowers, EPA, Sam Nunn Federal Center, 61 Forsyth Street SW, Atlanta,
GA 30303
File Copy
Filename: 970506v2correctionYadki nCou ntyPa rkattheYad ki nCo u nty5 D Reservoi r(Yad ki n )_401_IC

t_
Yadkin County Soil and Water Conservation District
DWR# 97 -0506 Q correction
Individual Certification #3149
Page 3 of 7
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #3149 is issued in conformity with the requirements of Section 401, Public Laws
92 -500 and 95 -217 of the United States and subject to North Carolina's Regulations in 15 NCAC
02H .0500, to Jason Walker and Yadkin County Soil and Water Conservation District, who have
authorization for the impacts listed below, as described within your application received by the
N.C. Division of Water Resources (Division) on September 23, 2013 and received by the Division
on October 1, 2013.
The State of North Carolina certifies that this activity will not violate the applicable portions of
Sections 301, 302, 303, 306, 307 of the Public Laws 92 -500 and PL 95 -217 if conducted in
accordance with the application, the supporting documentation, and conditions hereinafter set
forth.
This approval requires you to follow the conditions listed in the certification below.
Conditions of Certification:
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.
Type of Impact
Permanent Impact pact A_mo_u_nt Approved_
404/401 Wetlands
2 Floating Fishing Piers
480 square feet
Boat Launch Area
792 square feet
2. No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre - Construction Notification for this
project. All construction activities, including the design, installation, operation, and
maintenance of sediment and erosion control Best Management Practices shall be
performed so that no violations of state water quality standards, statutes, or rules occur.
Approved plans and specifications for this project are incorporated by reference and are
enforceable parts of this permit.

y
Yadkin County Soil and Water Conservation District
DWR# 97 -0506 Q correction
Individual Certification #3149
Page 4 of 7
3. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices and if applicable, comply with the specific conditions and
requirements of the NPDES Construction Stormwater Permit issued to the site: ,
a. Design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal or exceed the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor -owned or leased borrow pits
associated with the project.
b. For borrow pit sites, the erosion and sediment control measures must be designed,
installed, operated, and maintained in accordance with the most recent version of
the North Carolina Surface Mining Manual.
c. Reclamation measures and implementation must comply with the reclamation in
accordance with the requirements of the Sedimentation Pollution Control Act and
the Mining Act of 1971.
d. Sufficient materials required for stabilization and /or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
e. The sediment and erosion control designs must comply with the requirements set
forth in 15A NCAC 046.0124 Design Standards in Sensitive Watersheds.
6. Sediment and erosion control measures shall not be placed in wetlands or waters.
Exceptions to this condition require application submittal to and written approval by the
Division. If placement of sediment and erosion control devices in wetlands and waters is
unavoidable, then design and placement of temporary erosion control measures shall not
be conducted in a manner that may result in dis- equilibrium of wetlands, stream beds, or
banks, adjacent to or upstream and downstream of the above structures. All sediment and
erosion control devices shall be removed and the natural grade restored within two (2)
months of the date that the Division of Energy, Mineral and Land Resources (DEMLR) or
locally delegated program has released the specific area within the project.
7. An NPDES Construction Stormwater Permit is required for construction projects that disturb
one (1) or more acres of land. This Permit allows stormwater to be discharged during land
disturbing construction activities as stipulated in the conditions of the permit. If your
prcject is covered by this permit, full compliance with permit conditions including the
erosion & sedimentation control plan, inspections and maintenance, self - monitoring, record
keeping and reporting requirements is required. A copy of the general permit
(NCG010000), inspection log sheets, and other information may be found at:
http: / /Portal.ncdenr.orpL /web /wq /ws /su /nodessw#tab -w.

Yadkin County Soil and Water Conservation District
DWR# 97 -0506 Q correction
Individual Certification #3149
Page 5 of 7
8. All work in or adjacent to stream waters shall be conducted so that the flowing stream does
not come in contact with the disturbed area. Approved best management practices from the
most current version of the NC Sediment and Erosion Control Manual, or the NC DOT
Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams,
and other diversion structures shall be used to minimize excavation in flowing water.
9. If concrete is used during the construction, then all necessary measures shall betaken to
prevent direct contact between uncured or curing concrete and waters of the state. Water
that inadvertently contacts uncured concrete shall not be discharged to waters of the state
due to the potential for elevated pH and possible aquatic life /fish kills.
10. All temporary fill and culverts shall be removed and the impacted area returned to natural
- _conditions; within, 60 days of the determination that the temporary impact is no longer
necessary. The impacted areas shall be restored to original grade, including each stream's
original cross sectional dimensions, plan form pattern, and longitudinal bed and bed profile,
and the various sites shall be stabilized with natural woody vegetation (except approved
maintenance areas)_and restored to prevent erosion.
11. Any riprap required for proper culvert placement, stabilization, or restoration of temporarily
disturbed areas shall be restricted to the area directly impacted by the approved construction
activity. All riprap shall be buried and /or "keyed in" such that the original stream elevation
and streambank contours are restored and maintained. Placement of riprap or other
approved materials shall not result in de- stabilization of the stream bed or banks upstream or
downstream of the area.
12. Any riprap used for stabilization shall be of a size and density so as not to be able to be
carried off by wave, current action, or stream flows and consist of clean rock or masonry
material free of debris or toxic pollutants. Riprap shall not be installed in the streambed
except in specific areas required for velocity control and to ensure integrity of bank
stabilization measures.
13. A one -time application of fertilizer to re- establish vegetation is allowed in disturbed areas
including riparian buffers, but is restricted to no closer than 10 feet from top of bank of
streams. Any fertilizer application must comply with all other Federal, State and Local
regulations.
14. This Certification does not relieve the applicant of the responsibility to obtain all other
required Federal, State, or Local approvals.

Yadkin County Soil and Water Conservation District
DWR# 97 -0506 Q correction
Individual Certification #3149
Page 6 of 7
15. Jason Walker and Yadkin County Soil and Water Conservation District shall conduct
construction activities in a manner consistent with State water quality standards (including
any requirements resulting from compliance with section 303(d) of the Clean Water Act) and
any other appropriate requirements of State and Federal law. If the Division determines that
such standards or laws are not being met (including the failure to sustain a designated or
achieved use) or that State or federal law is being violated, or that further conditions are
necessary to assure compliance, the Division may reevaluate and modify this Certification.
Before modifying the Certification, the Division shall notify Jason Walker and Yadkin County
Soil and Water Conservation District and the U.S. Army Corps of Engineers, provide public
notice in accordance with 15A NCAC 02H .0503 and provide opportunity for public hearing in
accordance with 15A NCAC 02H .0504. Any new or revised conditions shall be provided to
Jason Walker and Yadkin County Soil and Water Conservation District in writing, shall be
provided to the U.S. Army Corps of Engineers for reference in any Permit issued pursuant to
Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for
the project.
16. This approval is for the purpose and design described in your application and as described in
the Public- Notice. The plans and specifications for this project are incorporated -by reference
and are an enforceable 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
Certification and is responsible for complying with all conditions. Any new owner must notify
the Division and request the Certification be issued in their name.
17. The applicant and /or authorized agent shall provide a completed Certificate of Completion
Form to the DWR Webscape Unit within ten days of project completion (available at:
http:// portal.ncdenr.org/web /wq /swp /ws/ 401 /certsand permits /apply /forms):
18. This certification grants permission to the director, an authorized representative of the -
Director, or DEN staff, upon the presentation of proper credentials, to enter the property -
during normal business hours.
This approval to proceed with your proposed impacts or to conduct impacts to waters as
depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The
condidons it, effect ort the date of issuance shall remain in effect for the iife of the project,
regardless of the expiration date of this Certification.

I I L
Yadkin County Soil and Water Conservation District
DWR# 97 -0506 Q correction
Individual Certification #3149
Page 7 of 7
Non - compliance with or violation of the conditions herein set forth may result in revocation of
this Certification and may also result in criminal and /or civil penalties.
This the 16th day of January 2014
DIVISION OF WATER RESOURCES
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /sh _ -
3149