20061851 Ver 1_Approval Letter_20070426

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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
Apri126, 2007
Bob Rourke
Speedway Motorsports
P.O. Box 600
Concord, NC 28206
Re: Lowe's Motor Speedway Site Improvements, Cabarrus County
DWQ #061851; USACE Action ID. No. SAW-2007-667-313
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Rourke:
Attached hereto is a copy of Certification No. 3656 issued to Bob Rourke, of the Speedway
Motorsports, dated Apri126, 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.
Si el3
Alan W. Klimek, P.E.
AWK/cbk/ijm
Attachments: Certificate of Completion
cc: Becky Fox, EPA Region 4, 1307 Firefly Road, Whittier, NC 28789
Steve Lund, U.S. Army Corps of Engineers, Asheville Regulatory Field Office
Wilmington District, USACOE
Alan Johnson, DWQ, Mooresville Regional Office
DLR Mooresville Regional Office
File Copy
Central Files
Len Rindner, 3714 Spokeshave Lane, Matthews, NC 28105
Filename: 061851Lowe'sMotorSpeedway(Cabarrus)401_IC
401 OversightlExpress Review Permits Unit
1650 Mail Service Center, Ralegh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX [phone] Internet: http://h2o.enr.state.nc.us/ncwetlands
None Carolina
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Speedway Motorsports
Page 2 of 8
April 26, 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. Bob Rourke of the Speedway
Motorsports, NC to fill 1.38 acres of jurisdictional wetland and 2,942 linear feet of stream (2,345
linear feet perennial stream impacts, and 597 linear feet intermittent stream impacts) in the Yadkin
River Basin, associated with expansion of the Lowe's Motor Speedway and installation of
stormwater devices at the facility. The site is located at the intersection of U.S. Highway 29
(Concord Parkway South) and SR 1300 (Morehead Road), in Cabarrus County, North Carolina,
pursuant to an application dated the 18th day of November of 2006, and Public Notice issued
February 23, 2007, both received by the DWQ on February 26, 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:
Amount Approved
nits Plan Location or Reference
404/LAMA Wetland 1.38 acres A lication, PN and Narrative
Stream - erennial 2,345 (linear feet A lication, PN and Narrative
Stream -intermittent 597 linear feet A lication, PN and Narrative

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Apri126, 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' 3'404;
Continuing Compliance:
6. Mr. Bob Rourke and the Speedway Motorsports, 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

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April 26, 2007
Certification, the Division shall notify Mr. Bob Rourke and/or the Speedway
Motorsports, 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 1 SA NCAC 2H.0504. Any new or revised conditions shall be provided
to Mr. Bob Rourke and/or the Speedway Motorsports, 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)
Wetlands 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 (919) 733-
5205 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:
Compensatory Mitigation
Re uired River and Sub-basin Number
404/Wetland 1.38 acres Yadkin/03040105
Stream 2,345 linear feet Yadkin/03040105
Stormwater:
8. Written Stormwater Management Plan (Final Plan Needed)
A final, written stormwater management plan (including a signed and notarized
Operation and Maintenance Agreement) shall be submitted to the 401 Oversight and
Express Permitting Unit (2321 Crabtree Blvd., Suite 250, Raleigh, NC, 27604) within 60
days of the issuance of the 401 Water Quality Certification. The stormwater management
plans shall be approved in writing by this Office before the impacts specified in this
Certification occur. You have the option of using the Express Review Program for
expedited approval of these plans. If you propose to use the Express Review Program,
remember to include the appropriate fee with the plan. The stormwater management plan
must include plans, specifications, and worksheets for stormwater management facilities
that are appropriate for the surface water classification and designed to remove at least
85% TSS according to the most recent version of the NC DENR Stormwater Best
Management Practices Manual. These facilities must be designed to treat the runoff from
the entire project, unless otherwise explicitly approved by the Division of Water Quality.

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April 26, 2007
Unless specified otherwise in the approval letter, the final, written stormwater
management plan shall be approved in writing by the Division of Water
Quality'sWetlands Unit before the impacts specified in this Certification occur. The
facilities must be designed to treat the runoff from the entire project, unlessotherwise
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 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.
It appears as though you may be proposing inline (in-stream) stormwater BMPs.
Please be advised that the DWQ does not typically approve inline stormwater BMP
devices. Please submit your stormwater management design plans on full plan
sheets at a scale of no smaller than 1"=50', clearly demonstrating that you have
avoided and minimized vour impacts in your stormwater BMP site selection and do
not have alternative upland locations to site vour stormwater BMPs. Finally, please
include complete and comprehensive information regarding adiacent and
surrounding landfill areas.
Additionally, In watersheds within one mile and draining to 303(d) listed waters, as well
as watersheds that are classified as nutrient sensitive waters (NSW), water supply waters
(WS), trout waters (Tr), high quality waters (HQW), and outstanding resource waters
(ORW), the Division shall require that extended detention wetlands, bio-retention areas,
and ponds followed by forested filter strips (designed according to latest version of the
NCDENR Stormwater Best Management Practices Manual) be constructed as part of the
stormwater management plan when asite-specific stormwater management plan is
required.
Alternative designs may be requested by the applicant and will be reviewed on a case-by-
case basis by the Division of Water Quality. Approval of stormwater management plans
by the Division of Water Quality's other existing State stormwater programs including
appropriate local programs are sufficient to satisfy this Condition as long as the
stormwater management plans meet or exceed the- design requirements specified in this
condition. This condition applies unless more stringent requirements are in effect from
other state water quality programs.
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
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

Speedway Motorsports
Page 6 of 8
Apri126, 2007
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. Prior to construction of the storm water facilities (extended wetlands, etc.) and
impoundment of water, a background chemical analysis of the current base flow of the
streams shall be conducted for oil, grease, nitrogen, phosphorus, and any other standard
chemicals/pollutants utilized at the Lowe's speedway and associated parking areas.
11. Upon completion of the storm water facilities and once the wetland is fully functional an
analysis of the discharge shall be conducted to determine if the facility is properly
functioning.
Placement of Culverts:
12. Culvert Installation
Culverts required for this project shall be installed in such a manner that the original stream
profiles are not altered. Existing stream dimensions (including the cross section
dimensions, pattern, and longitudinal profile) must be maintained above and below
locations of each culvert. Culverts 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
installed in a perched manner, the pipes shall be removed and re-installed correctly.
Culvert(s) shall not be installed in such a manner that will cause aggradation or erosion of
the stream up or down stream of the culvert(s). Existing stream dimensions (including the
cross section dimensions, pattern and longitudinal profile) shall be maintained above and
below locations of each culvert. Therefore, you must provide plans with adequate details
that indicate that the current stability of the stream will be maintained or enhanced. You
must receive written approval from this Office for the above plans before the culvert(s) is
installed. Culvert(s) must be installed according to approved plans.
Placement of culverts and other structures in waters, streams, and wetlands must be, placed
below the elevation of the streambed by one foot for all culverts with a diameter greater
than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less
than 48 inches, to allow low flow passage of water and aquatic life. Design and placement
of culverts and other structures including temporary erosion control measures shall not be
conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or
banks, adjacent to or upstream and down stream of the above structures. The applicant is
required to provide evidence that the equilibrium shall be maintained if requested in writing
by DWQ.
The establishment of native, woody vegetation and other soft stream bank stabilization
techniques must be used where practicable instead of rip rap or other bank hardening
methods. If rip-rap is necessary, it shall not be placed in the stream bed, unless specifically
approved by the Division of Water Quality. Installation of culverts in wetlands must

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Page 7 of 8
Apri126, 2007
ensure continuity of water movement and be designed to adequately accommodate high
water or flood conditions.
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.
Deed Notifications:
13. 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 of all deed restrictions
applied to these lots;
14. 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
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. ;
16. 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 CAMA 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

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April 26, 2007
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 26~" day of A 2007
D ION UALITY
Alan W. Klimek, P.E.
3656
AWK/cbk/ijm

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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. Bob Rourke of the Speedway Motorsports, have permission as
outlined below to fill or otherwise impact 1.38 acres of jurisdictional wetland and 2,942 linear feet of stream
(2,345 linear feet perennial stream impacts, and 597 linear feet intermittent stream impacts) associated with
expansion of the Lowe's Motor Speedway and installation of stormwater devices at the facility which is located at
the intersection ofU.S. Highway 29 (Concord Parkway South) and SR 1300 (Morehead Road), in Cabarrus
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 #: 20061851
LOCATION: Near Concord
COUNTY Cabarrus
BASIN/ SUB BASIN Yadkin/03040105
As required by 15A NCAC 2H.0500, and the conditions of this Certification, you are required to compensate for
the above mitigabee 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
1.38 Acres 404/Wetland 1.38 Acres 404/Wetland
2,345 Linear Feet of Stream 2,345 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: 061851 LowesMotorSpeedway(Cabarrus~101 _IC_EEP
N.,~. e~CaIOllna
401 Oversight/Express Review Permitting Unit ~tllCQlh~
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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