20031313 Ver 1_Approval Letter_20031208

O?O? W A T ?9PG

Mr. Todd Schell
Ryan Companies, Inc.
50 South Tenth St., Suite 300
Minneapolis, Minn. 55403-2012
WET LANDS 1401 GRaUp
DEC 1 6 2003
WATER QUALITySECTI
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December 8, 2003
DWQ# 03-1313
Cabarrus County
Subject: Ganassi Racing Facility, Derita Rd./Poplar Tent Rd.
APPROVAL of 401 Water Quality Certification with Additional Condition, Wetland Restoration Program
Dear Mr. Schell:
You have our approval, in accordance with the attached conditions and those listed below, to impact 145
linear feet of unnamed perennial/intermittent stream and to place permanent fill in 0.50 acre of jurisdictional
wetlands in order to construct the Ganassi Racing Facility in Cabarrus County, as described in your application
received by the Division of Water Quality (DWQ) on October 24, 2003. After reviewing your application, we
have determined that this project is covered by Water Quality General Certification Number 3402, which can
be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlands. This General Certification allows you to
use Nationwide Permit Number 39 when it is issued by the U.S. Army Corps of Engineers (USACOE). 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 Certification will expire when the associated 404 permit issued by the USACOE expires unless
otherwise specified in the General Certification. This approval is only valid for the purpose and design that you
described in your application. If you change your project, you must notify us in writing, and you may be
required to send us a new application for a new certification. 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.
If the total wetland fill for this project (now or in the future) exceeds one acre, compensatory mitigation
may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached Certification, as well as the additional conditions listed below:
1. 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 on the property. These mechanisms shall be
put in place within 30 days of the date of this 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 ;
2. A final written stormwater management plan shall be approved in writing by this Office prior to the
construction of any permanent facilities at the subject site. The stormwater facilities must be designed to
treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water
Quality. Also, before any permanent building is occupied at the subject site, the facilities (as approved by
this Office) shall be constructed and operational, and the stormwater management plan (as approved by
this Office) shall be implemented. The structural stormwater practices as approved by this Office as well as
None Carolina
Naturally NMENR
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (htW.//h2o enr state nc.usrncwetlands)
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
Coleen H. Sullins, Deputy Director
Division of Water Quality
Page 2
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices shall be
made without written authorization from the Division of Water Quality.
3. The culverts required for this project shall be installed in such a manner that the original stream profiles are
not altered (i.e. the depth of the channel must not be reduced by a widening of the streambed). Existing
stream dimensions (including the pattern and profile) are to be maintained above and below locations of
each culvert. The culvert shall be designed and installed to allow for aquatic life movement as well as to
prevent head cutting of the streams. If any of the existing pipes are or become perched, the appropriate
stream grade shall be re-established, or if the pipes are installed in a perched manner then the pipes shall
be removed and re-installed correctly;
4. 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 Preconstruction Notification application. All construction activities,
including the design, installation, operation, and maintenance of sediment and erosion control Best
management Practices (BMP) shall be performed so that no violations of state water quality standards,
statutes, or rules occur.
5. Erosion and sediment control practices must be in full compliance with all specifications governing the
proper design, installation and operation and maintenance of such BMP:
a. The design, installation, operation, and maintenance of the erosion and sediment control measures (the
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 Planning and Design Manual (the Manual).
b. The measures shall be maintained on all construction sites; borrow sites, and waste pile (spoil) sites,
including contractor-owned or leased borrow pits associated with project.
c. For borrow pit sites, the measures must be designed, installed, operated, and maintained in
accordance with the most recent version of the Manual.
d. The reclamation measures and implementation of these measures must be in accordance with the
requirements of the Sedimentation Pollution Control Act.
6. Sediment and erosion control measures should not be placed in wetlands or waters. However, 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 the Division of Land Resources has
released the project.
7. Continuing Compliance. Ryan Companies, Inc. shall conduct its 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 DWQ 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,
DWQ may reevaluate and modify this certification to include conditions appropriate to assure compliance
with such standards and requirements in accordance with 15 A NCAC 2H.0507(d). Before codifying the
certification, DWQ shall notify Ryan Companies, Inc. 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 Ryan Companies, Inc. in
writing, and 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.
Page 3
8. Upon completion of the project, the Applicant shall complete and return the enclosed "Certificate of
Completion" form to notify NCDWQ when all work included in the 401 Certification has been completed.
The responsible party shall complete the attached form and return it to the 401/Wetlands Unit of the NC
Division of Water Quality upon completion of the project. Please send photographs upstream and
downstream of each culvert site to document correct installation along with the Certificate of Completion
form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing.
You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written
petition that conforms to Chapter 1506 of the North Carolina General Statutes to the Office of Administrative
Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act.
If you have any questions, please telephone Alan Johnson in the Mooresville Regional Office at 704-663-1699
or Cyndi Karoly in the Central Office in Raleigh at 919-733-9721.
Sincerely,
Alan W. Klimek, P.E.
AJ/aj
Attachments
cc: Corps of Engineers Asheville Regulatory Field Office
Wetlands Unit - Cyndi Karoly
Central Files
File Copy
Joey Lawler - SM&E