20071813 Ver 1_Approval Letter_20080201

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Mr. Lance White
NCDENR -Parks and Recreation
512 N. Salisbury Street
Raleigh, NC 28201
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
February 1, 2008
Re: West End Park At Lake James, Burke County
DWQ #20071813; USACE Action ID. No. 2007-3481
APPROVAL of 401 Water Quality Certification and Authorization Certificate per the
Catawba River Buffer Protection Rules (15A NCAC 2B .0243) with Additional
Conditions
Dear Mr. White:
Attached hereto is a copy of Certification No. 3729 issued to Mr. Lance White and NCDENR -
Parks and Recreation, dated February 1, 2008. This letter shall also act as your approved
Authorization Certificate for impacts to the Catawba River basin protected riparian buffers per
15A NCAC 2B .0243.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.
Tf we nan he of firrther assistance rln not hesitate to rnntart uS
CHS/cbk/ijm
Attachments: Certificate of Completion
Sin rely,
Coleen H. Sullins
cc: Becky Fox, EPA -Region 4, 1307 Firefly Road, Whittier, NC 28789
U.S. Army Corps of Engineers, Asheville Regulatory Field Office Wilmington District, USACOE
Kevin Barnett, DWQ, Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Jennifer Robertson, WNR, P.O. Box 882, Canton, NC 28716
Filename: 071813 WestEndPa rkAtLakeJa mes(Burke)401_IC
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401 Oversight/Express Review Permitting Unit ~ll~lllYl~~l,~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: httn://h2o.enr.state.nc.us/newetlands

Lance White and NCDENR -Parks and Recreation
Page 2 of 5
February 1, 2008
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. Lance White and NCDENR -
Parks and Recreation to fill 1.47 acres of open water (lake), and 0.00 square feet of Zone 1
Catawba River basin protected riparian buffer and 0.00 square feet of Zone 2 Catawba River basin
protected riparian buffer in the Catawba River Basin, associated with the construction of a 1.47
acre swim beach at the West End Park, located on Lake James State Park, near Nebo, Burke
County, North Carolina, pursuant to an application filed on the 17th day of October of 2007 and
received by the DWQ on December 10, 2007, and by Public Notice issued by the USACE on
December 7, 2007, and received by the DWQ on December 10, 2007. This Certification shall also
act as your approved No Practical Alternatives determination for impacts to the Catawba River
basin protected riparian buffers per 15A NCAC 2B .0243(2).
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
O en Water (lake 1.47 acres PN and Construction Plans
Zone 1 Catawba River Basin Protected Ri azian Buffer 0.00 s uaze feet A lication
Zone 2 Catawba River Basin Protected Ri azian Buffer 0.00 s uaze feet A lication

Lance White and NCDENR -Parks and Recreation
Page 3 of 5
February 1, 2008
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 404/401 Permit 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;
5. 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;
6. No Impacts Beyond those in Application
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. 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.
Continuing Com lp fiance:
7. Mr. Lance White and NCDENR -Parks and Recreation, shall conduct construction
activities in a manner consistent with State water quality standards (including any

Lance White and NCDENR -Parks and Recreation
Page 4 of 5
February 1, 2008
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. Lance White and NCDENR -Parks and
Recreation, NC and the US Army Corps of Engineers, provide public notice in accordance
with 15A 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. Lance
White and NCDENR -Parks and Recreation, 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;
8. Diffuse Flow (Review)
All constructed stormwater conveyance outlets shall be directed and maintained to flow
in a diffuse manner at non-erosive velocities through the entire protected stream buffers
without re-concentrating. If this is not possible it may be necessary to provide stormwater
facilities that are considered to remove nitrogen. Additionally, a stormwater
management plan for this project shall be provided to this Office that treats
stormwater runoff from the proposed beach area before any of the impacts
approved herein are conducted. The plan shall specify all stormwater discharge points,
plan details, and calculations to indicate that diffuse flow through the protected buffers or
nitrogen removal as described above will be achieved.
9. Buffer Mitigation Plan
You are required to mitigate for impacts to the protected riparian buffers. The required
area of mitigation to compensate for impacts to the protected riparian buffers must be
calculated and this square footage will determine what your required buffer mitigation in
square feet (sf) as required under this Authorization Certificate and 15A NCAC 2B
.0243(3). You shall submit a mitigation plan as required under 15A NCAC 02B .0243
and 0.244 to this office for approval. Be sure to include the proper mitigation ratios of
2:1 for Zone 1 impacts and 1.5:1 for Zone 2 impacts. The mitigation plan shall be
approved by the DWQ before any of the impacts approved under this Authorization
Certificate occur. Mitigation plans typically proposed include Buffer Restoration or
Enhancement [15A NCAC 02B .0243(9)] or Payment into the Riparian Buffer
Restoration Fund [15A NCAC 02B .0243(7)].
10. 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 OversightlExpress Review

Lance White and NCDENR -Parks and Recreation
Page 5 of 5
February 1, 2008
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 1 s~ day of Februar 008
DIV ON F W R LITY
oleen H. Sullins
3729
CHS/cbk/ijm

Certification of Completion
DWQ Project No.: County:
Applicant:
Project Name:
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:
If this project was designed by a Certified Professional ~'
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