19990457 Ver 1_COMPLETE FILE_19990504

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
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NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
June 9, 1999
Cabarrus County
DWQ Project# 990457
APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS
Mr. Richard Newton
7402 Whitmire Lane
Mint Hill, N. C. 28227
Dear Mr. Newton:
iJ _
You have our approval, in accordance with the attached conditions and those listed below, to plac?e frll`taterial in 450 feet
of streams for the purpose of development of a commercial recreation area (Fun Park Recreation Area) at NC 24/27 near Mint
Hill, as you described in your application dated May 4 1999. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3108. This certification allows you to use Nationwide Permit Number
26 when the Corps of Engineers issues it. In addition, you should get any other federal, state or local permits before you go
ahead with your project including (but not limited to) Sediment and Erosion Control„Coastal Stormwater, Non-Discharge and
Water Supply Water shed regulations. This approval will expire when the accompanying 404 or CAMA permit expires unless
otherwise specified in the General Certification.
This approval is only valid for the purpose and design that you described in your application except as modified below. If
you change your project, you must notify us and you may be required to send us a new application.. If the property is sold, the
new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all
conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow the conditions
listed in the attached certification and any 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 to notify the state in order to assure compliance for future wetland and/or water impact.
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).
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, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-
7447. 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 John Domey at 919-733-1786.
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers AshevilleField Office
Mooresville DWQ Regional Office
John Dorney
Central Files
in r
err . Stevens
990457.1tr
Division of Water Quality • Non-Discharge Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper
MEMORANDUM
TO: John Dorney Regional Contact: Samar Bou-ahazale
Non-Discharge Branch WQ Supervisor: Rex Gleason
Date:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
Facility Name Richard Newton
Project Number 99 0457
Recvd From APP
Received Date 5/4/99
Project Type
Recvd By Region
County Cabarrus
County2
Region Mooresville
Certificates Stream
Permit Wetland Wetland Wetland Stream Class Acres Feet
Type Type Impact Score Index Prim. Supp. Basin Req. Req.
26 F- O ?' OO N F-- 13-17-17-2 FC F- 30,713. r 0.26 F-
O Y _0N F_ ?F_F_ I x-I - F_
Mitigation Wetland
MitigationType Type Acres Feet
Is Wetland Rating Sheet Attached? Q Y (0 N Did you request more Info? Q Y Q N
Have Project Changes/Conditions Been Discussed With Applicant? Q Y (0 N
Is Mitigation required? Q Y 0 N Recommendation: QQ Issue O Issue/fond O Deny
Provided by Region: Latitude (ddmmss) Longitude (ddmmss)
Comments:
Field investigations revealed the imposed impact to be to a dry channel. It is recommended that the
any Certification for the relocation of the drv channel be issued.
cc: Regional Office Page Number 1
Central Office
Facility Name Richard Newton
County Cabarrus
Project Number 99 0457
Regional Contact: Samar
Date: 6/7/99
Comments (continued from page 1):
cc: Regional Office Page Number 2
Central Office

DWQ ID: _ CORPS ACTION ID: -
NATIONWIDE PERMIT REQUESTED PROVIDE NATIONWIDE PERMIT k
"
( ' - RECEIVED
PRE-CONSTRUCTION NOTIFICATION APPLICATION
FOR NATIONWIDE PERMITS THAT REQUIRE:
1. NOTIFICATION TO THE CORPS OF ENGINEERS
2. APPLICATION FOR SECTION 401 CERTIFICATION
3. COORDINATION WITH THE NC DIVISION OF COASTAL MANAGEMENT
SEND THE ORIGINAL AND (1) COPY OF THIS COMPLETED FORM TO THE APPROPRIATE FIELD
OFFICE OF THE CORPS OF ENGINEERS (SEE AGENCY ADDRESSES SHEET). SEVEN (7)
COPIES MUST BE SENT TO THE NC DIVISION OF WATER QUALITY,
ATTN: JOHN DORNEY, 4401 REEDY CREEK ROAD, RALEIGH, NC
27607. PLEASE PRINT OR TYPE.
1. OWNER'S NAME: R I c A k'RlD NEW Told
2. MAILING ADDRESS. 7402. \N !l-?TM ARE L kNE
SUBDIVISION NAME: FUN PA4Z.K. ? ,dTIp?J A2-I_,d
CITY: M,NT I4iLt- STATE-14C ZIP CODE: 98427
PROJECT LOCATION ADDRESS, INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM
MAILING ADDRESS ABOVE): 3 M%t_ES It E. of M,,a- t41 LL. t4c- oN M.C. tlvc`(-,Z4/A7
3. TELEPHONE NUMBER: (HOME)( 704) 673 '30?0 (WORK)
4. IF APPLICABLE: AGENTS NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER:
5. LOCATION OF WORK (PROVIDE A MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP
OR AERIAL PHOTOGRAPHY WITH SCALE): ??
COUNTY: Gkig Fmu S - NEAREST TOWN: M , nI'T t4i L<
SEE AT rAc.14f-D
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ECT.) USGS MAP
TRi e o-r ,4 RY of
6. IMPACTED OR NEAREST STREAM/RIVER: FAR SRAKCt4 RIVER BASIN: Roct<Y
7. (a) IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER, (SA),
HIGH QUALITY WATERS (HQW)?_0UTSTANDING RESOURCE WATERS (ORW), WATER
SUPPLY (WS-I OR WS-In? YES (NO) IF YES, EXPLAIN:
(b) IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DWISIO OF COASTAL
MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? Y
(c) IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST 0
COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? N

(a) HAVE ANY SECTI 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROJECT? V IF YES, PROVIDE ACTION I.D. NliMBER OF PREVIOUS PERMIT AND
ANY ADDITION INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION):
(b) ADDITIONAL PERMIT REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE?
YE IF YES, DESCRIBE ANTICIPATED WORK:
2. (a) ESTIMATED TOTAL NUMBERS OF ACRES IN TRACT OF LAND: 3 lo, 7.4G
(b) ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE:
/. Z AC.
(a) NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY:
FILLING. EXCAVATION:
FLOODING: OTHER : _r
DRAINAGE : TOTAL ACRES TO BE IMPACTED: O, z 6 Ac
1?CLockr%oN oc 450'OF SvJbLE BY2.S'wtDE
(b) (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED,
PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION:
LENGTH BEFORE: d-z0 FT AFTER: *SO FT
WIDTH BEFORE (based on normal hiuh water contours): 1.6 FT
AVERAGE DEPTH BEFORE: 0.8 3 FT AFTER: O, B FT
(b) (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY)
OPEN CHANNEL RELOCATION: &"- PLACEMENT OF PIPE IN CHANNEL:_
CHANNEL EXCAVATION: _ CONSTRUCTION OF A DAM/FLOODING.-
OTHER:
11. IF CONSTRUCTION OF A PONq IS PROPOSED, WHAT IS THE SIZE OF THE WATERSHED
DRAINING TO THE POND? N WHAT IS THE EXPECTED POND SURFACE AREA? ?f?'
12.
13. PURPOSE OF PROPOSED WORK: COMMERGIP4L RE?R?.arloN?t, AREa
14CCuD196- bfR V 146 RANG E_ M104 r e!?oCF. 8.4 rri^(4 4-014E.5 ¢ Go CF UQi TRAM
14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN
WETLANDS (INCLUDE ANY MEASURES TAKEN TO MIND IIZE WETLAND IMPACTS) Co-AR-T
TRgc.K vJAS LOe k-rr-DSvc4 Az. To AVoib Pi7i4 G of CRFEKS 8 uT IS To 13 E
RELocq-TED 4ND S-r4BlLlZED" Wirr+ A rRF' FaBRcL so GkAss Covl-D SE USED
15. YOU ARE REQUIRED TO CONTACT THE US FISH AND WILDLIFE SERVICE AND/OR
NATIONAL MARINE FISHERIES SERVICE REGARDING THE PRESENCE OF ANY FEDERALLY
LISTED OR PROPOSED FOR LISTING ENDANGERED OR THREATENED SPECIES OR CRITICAL
HABITAT IN THE PERMIT AREA THAT MAY BE AFFECTED BY THE PROPOSED PROJECT.
DATE CONTACTED:
16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER
(SHPO) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA
WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED
DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL.
EQUIPMENT TO BE USED? (ATTACH PLANS: 81/2 BY I I DRAWINGS ONLY) ARE R oor-
_PROPOSE> RELOCAT-16 l NI11-L 8E 41E0tl C AFTER ji5ROSio#1 CoNT??oL

17. DOES THE PROJECT ryXOLVE AN EXPENDITURE OF PUBLIC FUNDS OT THE USE OF PUBLIC
(STATE) LAND? YE (IF NO, GO TO 16)
(a) IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL
DOCUMENT PURSUANT TO THE REQ MENTS OF THE NORTH CAROLINA
ENVIRONMENTAL POLICY ACT? YE N
(b) IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA
DEPARTMENT OF ADMIMSTRATION STATE CLEARINGHOUSE E N
ff ANSWER l7b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE
CLEARINGHOUSE WITH THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT.
QUESTIONS REGARDING THE STATE CLEARINGHOUSE REVIEW PROCESS SHOULD BE
DIRECTED TO MS. CHRYS BAGGETT, DIRECTOR STATE CLEARINGHOUSE, NORTH
CAROLINA DEPARTMENT OF ADMINISTRATION, 116 WEST JONES STREET, RALEIGH,
NORTH CAROLINA 27603-8003, TELEPHONE [phone].
18. THE FOLLOWING ITEMS SHOULD BE INCLUDED WITH THIS APPLICATION IF PROPOSED
ACTIVITY INVOLVES THE DISCHARGE OF EXCAVATED OF FILL MATERIAL INTO
WETLANDS:
(a) WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, LAKES, AND
PONDS ON THE PROPERTY (FOR NATIONWIDE PERMIT NUMBERS 14, 18, 21, 26, 29, AND 38).
ALL STREAM (INTERMITTENT AND PERMANENT) ON THE PROPERTY MUST BE SHOWN ON
THE MAP. MAP SCALES SHOULD BE I INCH EQUALS 50 FEET OF I INCH EQUALS 100 FEET
OF THEIR EQUIVALENT.
(b) IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PRODUCT.
(c) IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
(d) ATTACH A COPY OF THE STORMWATER MANAGEMENT PLAN IF REQUIRED.
(e) WHAT IS LAND USE OF SURROUNDING PROPERTY? RyRAL R651DENT14L A#4V-46R 4,)LraJtAL
(f) IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL? SEPT%G . S?YsTEJh
SIGNED AND DATED AGENT AUTHORIZATION LETTER, IF APPLICABLE.
NOTE: WETLANDS OR WATERS OF THE US MAY NOT BE IMPACTED PRIOR TO:
I. ISSUANCE OF A SECTION 404 CORPS OF ENGINEERS PERMIT,
2. EITHER THE ISSUANCE OR WAIVER OF A 401 DIVISION OF WATER QUALITY
CERTIFICATION, AND
3. (IN THE TWENTY COASTAL COUNTIES ONLY), A LETTER FROM THE NORTH
CAROLINA DIVISION OF COASTAL MANAGEMENT STATING THE PROPOSED
ACTIVITY IS CONSISTENT WITH THE NORTH CAROLINA COASTAL MANAGEMENT
°GRAN`q -2 9
OWNER'S/AGENTS SIGNATURE DATE
(AGENTS SIGNATURE VALID ONLY
IF AUTHORIZATION LETTER FROM
THE OWNER IS PROVIDED).
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