20071245 Ver 1_Approval Letter_20071220

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
December 20, 2007
Ray Maxwell
Gaston County Public Works
P.O. Box 1578
Gastonia, NC 28053
Re: Poston Park Dam, Gaston County
DWQ #20071245; USACE Action ID. No. SAW-2007-2323-336
Ut to South Fork Catawba River [030835, 11-129-(15.5), WSIV]
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Maxwell:
Attached hereto is a copy of Certification No. 3719 issued to Ray Maxwell, of the Gaston
County Public Works, dated December 20, 2007. In addition, you should get any other federal,
state or local permits before you go ahead with your project including (but not limited to) Solid
Waste, Sediment and Erosion Control, Stormwater, Dam Safety, Non-discharge and Water
Supply Watershed regulations.
If we can be of further assistance, do not hesitate to contact us.
Sincer ,
oleen H. Sullins
CHS/cbk/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office, Wilmington District
Alan Johnson, DWQ, Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Central Files
Joey Lawler, S&ME, Inc., 9751 Southern Pine Boulevard, Charlotte, NC 28273
Filename: 071245PostonParkDam(Gaston)401_IC
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone]Intemet; http://h2o.enr.state.nc.us/ncwetlands
No ° Carolina
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An Equal OpportunitylAffirmativeAaion Employer - 50% Recycled110% Post Consumer Paper

Gaston County Public Works
Page 2 of 5
December 20, 2007
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of Water
Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500 to Mr. Ray Maxwell of the Gaston
County Public Works, NC to fill or otherwise impact 3,131 linear feet of stream (fi114321inear feet
of perennial stream, and flood 2,465 linear feet of perennial stream and 234 linear feet of
intermittent stream) in the Catawba River Basin, associated with construction of the proposed 11-
acre Gaston County park and recreation lake at the site. The site is located at Poston Park adjacent
to Lowell Spencer Mountain Road, north of Lowell, in Gaston County, North Carolina, pursuant to
an application dated the 12t" day of July of 2007 (received by the DWQ on July 18, 2007), and
Public Notice issued August 24, 2007 (received by the DWQ on August 27, 2007), and by
additional information received from you on November 1, 2007 and December 13, 2007.
The application and supporting documentation provides adequate assurance that the proposed
work will not result in a violation of applicable Water Quality Standards and discharge
guidelines. Therefore, the State of North Carolina certifies that this activity will not violate the
applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
This approval is only valid for the purpose and design submitted in the application materials and
as described in the Public Notice. If the project is changed, prior to notification a new
application for a new Certification is required. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying
with all conditions of this Certification. Any new owner must notify the Division and request the
Certification be issued in their name. Should wetland or stream fill be requested in the future,
additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6)
and (7). If any plan revisions from the approved site plan result in a change in stream or wetland
impact or an increase in impervious surfaces, the DWQ shall be notified in writing and a new
application for 401 Certification may be required. For this approval to be valid, compliance with
the conditions listed below is required.
Conditions of Certification:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts:
T e of Im act Amount A roved Units Plan Location or Reference
Stream -perennial 2,897[(linear feet) fi11432 linear feet of perennial Application, PN and Narrative
stream, and flood 2,465 linear feet of perennial
stream
Stream -intermittent 234 (linear feet) -flood A lication, PN and Narrative

Gaston County Public Works
Page 3 of 5
December 20, 2007
Sediment and Erosion Control:
2. 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 in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The 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.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
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 404/401Permit Application. 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;
4. Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
Protective Fencing -The outside buffer, wetland or water boundary and along the
construction corridor within these boundaries approved under this authorization shall be
clearly marked with orange warning fencing (or similar high visibility material) for the
areas that have been approved to infringe within the buffer, wetland or water prior to any
land disturbing activities to ensure compliance with 15A NCAC 2B .0233 and GC 3404;
Continuing Compliance:
6. Mr. Ray Maxwell and the Gaston County Public Works, 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 law 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 to include conditions appropriate to assure compliance with such
standards and requirements in accordance with 15A NCAC 2H.0507(d). Before
modifying the Certification, the Division shall notify Mr. Ray Maxwell and/or the Gaston.

Gaston County Public Works
Page 4 of 5
December 20, 2007
County Public Works, NC and the US Army Corps of Engineers, provide public notice in
accordance with 1 SA NCAC 2H.0503 and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided
to Mr. Ray Maxwell and/or the Gaston County Public Works, NC in writing, shall be
provided to the United States 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;
Miti ation:
7. Compensatory Wetland Mitigation Using the Ecosystem Enhancement Program (EEP)
Mitigation must be provided for the proposed impacts as specified in the table below. We
understand that you wish to make a payment to the Wetlands Restoration Fund
administered by the NC Ecosystem Enhancement Program (EEP) to meet this mitigation
requirement. This has been determined by the DWQ to be a suitable method to meet the
mitigation requirement. Until the EEP receives and clears your check (made payable to:
DENR -Ecosystem Enhancement Program Office), no impacts specified in this
Authorization Certificate shall occur. The EEP should be contacted at [phone] if
you have any questions concerning payment into a restoration fund. The payment to the
EEP by Speedway Motorsports shall occur within 60 days of receipt of the EEP invoice
by the Speedway Motorsports. For accounting purposes, this Authorization
Certificate authorizes payment into the Wetlands Restoration Fund to meet the
following compensatory mitigation requirement:
T e of Im act Com ensato Miti ation Re aired River and Sub-basin Number
Stream - erennial 432 (linear feet) Catawba/03050102
Additionally, you have agreed to establish a 50-foot buffer along the majority of the
remaining, unaffected on-site streams that will not be inundated through creation of the
proposed lake. Approximately 14,079 linear feet of on-site stream channel will be
buffered and preserved in this manner.
Deed Notifications:
Deed notifications or similar mechanisms shall be placed on all lots with remaining
jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These
mechanisms shall be put in place within 30 days of the date of issuance of the
401 Certification letter or the issuance of the 404 Permit (whichever is later). A sample
deed notification format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands DWQ shall be sent copies bf all deed restrictions
applied to these lots;
9. Construction Stormwater Permit NCGO10000
Upon the approval of an Erosion and Sedimentation Control Plan issued by the Division
of Land Resources (DLR) or a DLR delegated local erosion and sedimentation control

Gaston County Public Works
Page 5 of 5
December 20, 2007
program, an NPDES General stormwater permit (NCGO10000) administered by DWQ is
automatically issued to the project. This General Permit allows stormwater to be
discharged during land disturbing construction activities as stipulated. by conditions in the
permit. If .your project is covered by this permit [applicable to construction projects that
disturb one (1) or more acres], full compliance with permit conditions including the
sedimentation control plan, self-monitoring, record keeping and reporting requirements
are required. A copy of this permit and monitoring report forms may be found at
http: //h2o. enr. state. nc. us/su/Forms Documents. htm. ;
10. Wetland species and shrubs should be planted along the aquatic shelf in areas that it is
practicable to help promote diversity among species that may naturally propagate.
11. You must submit a minimum water release plan for the proposed dam before the
approved impacts may occur. The plan must include a written explanation of the specific
discharge rate and mechanism to provide for each required release. The plan must also
include any design specifications, details and calculations to show that the release shall
be achieved in the given conditions. The plan shall also include monitoring that ensures
compliance. The plan and any associated facilities, once approved, must be in place and
implemented upon the completion of the dam.
12. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return the attached certificate of completion to the 401 Oversight/Express Review
Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center,
Raleigh, NC, 27699-1650.
Also, 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 LAMA Permit.
If this Certification is unacceptable to you, you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. If modifications are made to an original Certification, you have the
right to an adjudicatory hearing on°the modifications upon written request within sixty (60) days
following receipt of the Certification. Unless such demands are made, this Certification shall be
final and binding.
This the 20th day of cember 2007
DI~HjSIO OF R QUALITY
w
Coleen H. Sullins
CHS/cbk/ijm
3719

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
North Carolina Division of Water Quality
401 Water Quality Certification
Summary of Permitted Impacts and Mitigation Requirements
In accordance with 15A NCAC 2H.0500, Mr. Ray Maxwell of the Gaston County Public Works, have permission
as outlined below to fill or otherwise impact 3,131 linear feet of stream (fill 432 linear feet of perennial stream, and
flood 2,465 linear feet of perennial stream and 234 linear feet of intermittent stream) associated with construction
of the proposed 11-acre Gaston County park and recreation lake at the site which is located at Poston Park adjacent
to Lowell Spencer Mountain Road, north of Lowell, in Gaston County, North Carolina. All activities associated
with these authorized impacts must be conducted with the conditions listed in the attached Permit transmittal letter.
THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
COMPENSATORY MITIGATION REQUIREMENTS, ECOSYSTEM ENHANCEMENT PROGRAM
DWQ PROJECT #: 20071245
LOCATION: Near Lowell
COUNTY Gaston
BASIN/ SUB BASIN Catawba/03050102
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigatle impacts through the restoration, creation, enhancement or preservation of wetlands, surface
waters and riparian buffers as outlined below prior to conducting any activities that impact or degrade the waters of
the state.
Note: Acreage requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to one-quarter acre increments and linear foot requirements must be rounded up to the nearest
foot according to 15 2R.0503(b).
Im acts Miti ation
432 Linear Feet of Stream 432 Linear Feet of Stream
One of the options you have available to satisfy the compensatory mitigation requirement is through the payment of
a fee to the Wetlands Restoration Fund per NCAC 2R.0503. If you choose this option, please sign this form and
mail the form along with a copy of your 401 Certification or Buffer Approval to the Ecosystem Enhancement
Program at the address below. An invoice for the appropriate amount of payment will be sent to you upon receipt
of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU RECEIVE
NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE ECOSYTEM ENHANCMENT
PROGRAM.
Signature
Date
ECOSYSTEM ENHANCEMENT PROGRAM
1652 Mail Service Center
RALEIGH, N.C. 27699-1652
[phone]
Filename: 071245 PostonParkDam(Gaston~101 _IC_EEP
No°e Carolina
401 Oversight/Express Review Permitting Unit ~~llCll~i'lf
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / Fax [phone]
Internet: http://www.ncwaterquality.org
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Certification of Completion
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of Certification or Authorization:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any
subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be
returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send
certificates from all of these.
Applicant's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature: Date:
Agent's Certification
I, ,hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
1
If this project was designed by a Certified Professional
h.~:.
I, as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permiee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date