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HomeMy WebLinkAboutCCB0053_DWQ 401WQCert_20010504Michael F. Easley Governor _ William G. Ross, Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Qualitv May 4, 2001 Iredell County DWQ Project # 010535 APPROVAL of 401 Water Quality Certification and ADDITIONAL CONDITIONS Mr. Dan Stump Race Park, USA Post Office Box 1595 Stateville, NC 28687 Dear Mr. Stump: You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 250 linear feet of streams for the purpose of constructing a theme park (Race Park USA) at NC150/Dollie Road/Perth Road Intersection as described in your application dated April 10, 2001. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3287. This certification allows you to use Nationwide Permit Numbers 39 and 43 when the Corps of Engineers issues them. 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 remaining jurisdictional wetlands and streams 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). 2. An additional condition is that a final, written stormwater management plan with a constructed wetland shall be approved bylihis Office before the impacts specified in this Certification occur. The stormwater management plan must include plans and specifications for stormwater management facilities designed to remove 85% TSS according to the most recent version of the NC DENR Stormwater Best Management Practices Manual. 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. A R*CI � :A Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 Michael F. Easley Governor £ £ William G. Ross, Secretary Department of Environment and Natural Resources Kerr T. Stevens Division of Water Quality 3. Upon completion of the project, the applicant shall complete and return the enclosed "Certification of Completion Form" to notify DWQ that all the 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 Division of Water Quality. 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 Dorney at 919-733- 9646. Attachment Sincerely, Kerr T. Stevens cc: Corps of Engineers Asheville Field Office Mooresville DWQ Regional Office File copy Central Files Todd St. John 0 t I UW_Q Project No.: oun y: Division of Water Quality 1650 Mail Service Center Raleigh, NC 27699-1650 Wetlands/401 Unit: (919) 733-1786 Fax: (919) 733-6893 MEMORANDUM TO: John Dorney Regional Contact: Pete Colwell Non -Discharge Branch WO Supervisor: Rex Gleason Date: SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS Facility Name Race Park USA Project Number 01 0535 Recvd From APP Received Date 4/10/01 Recvd By Region Project Type theme park County Iredell County2 Region Mooresville Certificates Stream Stream Impacts (ft.) Permit Wetland Wetland Wetland Stream Class Acres Feet Type Type Impact Score Index Prim. Supp. Basin Req. Req. ME 39 Stream O •O N 11-58-2 I I - 30,832. 250.00 I 250.00 43 _ Y QDN _ r 1- - � r O Y O N I -�I r� -I -I r� -� Ir- Mitigation Wetland MitigationType Type Acres Feet Is Wetland Rating Sheet Attached? 0 Y i•0 N Did you request more Info? 0 Y 0 N Have Project Changes/Conditions Been Discussed With Applicant? 0 Y 0 N Is Mitigation required? 0 Y (0 N Recommendation: 0 Issue 0 Issue/fond 0 Deny Provided by Region: Latitude (ddmmss) 353601 Longitude (ddmmss) 805358 -• ►•••-! ••� 1 1 '" .1• �• 1. • I I • .1 111 '1 1.11" ••11 1• 1 • 11. ••1• •I 1' .•• 1 • ••• • 11 1 • 1' 1 •.1 • 1' • •1 •1111' .11 'll'1 •.. . I' .•• Mins III• • ••• • •1 •.1 '1 '• �' '1 •1 � .1� ••I• •11• 1 1' • 1' 1 11 "1 ..11 .I• '• 1• • iron 1' •1 111CM11•. '• • 1' • • .1• • • •• 1 ..11 •11 cc: Regional Office Central Office Page Number 1 010535 Race Park USA Mooresville, Iredell County North Carolina .Ioint Application Form and Supporting Documentation for NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE Prepared for: Race Park USA, Inc. ". Boa 1595 Statesville, NC 28687 Dowell & Company 116 Gasoline Alley Suite 101 Mooresville, NC 28117 1-704-660-9697 Prepared By: Leonard S. Rindner, PWS Environmental Planning Consultant 3714 Spokeshave Lane Matthews, NC 28105 1-(704) 846-0461 Date: 4/01 LEONARD S. K!MNER, PW S Environmental Planning Consultant 3714 Spokeshave Lane Professional Wetland Scientist Matthews, NC 28105 Land Planning (704) 846-0461 April 4, 2001 Mr. Steve Chapin US Army Corps of Engineers - Reg. Field Office 151 Patton Avenue - Room 208 Asheville, NC 28801 -5006 Mr. John R. Domey Division of Water Quality - NCDENR 2321 Crabtree Boulevard, Suite 250 Raleigh, NC 27604 Mr. Pete Colwell NCDENR - Division of Water Quality 919 North Main Street Mooresville, NC 28115 Dear Sirs: On behalf of my client, Race Park USA, I am requesting authorization to use Nationwide Permits 39 and 43, after -the -fact to impact approximately 0.22 acres of jurisdictional waters of the U.S. develop a recreational theme park and construct storm water treatment extended detention wetlands. As required, the extended detention wetland will be constructed according to the North Carolina Stormwater Best Management Guidelines. General Wetland Classification and Description The wetland area on this site based on remnant vegetation can be described as Palustrine Forested Broad Leaved and Scrub -Shrub Temporarily Flooded. The majority of the site is a moderately sloping former agricultural land and woodland. Trees included sweetgum, tulip -poplar, red maple, willow oak, black willow, and American elm. Understory and herbaceous strata includes smilax, sedges, soft rush, poison ivy, etc. The site probably includes mixed alluvial soils. These soils are map units, which may have inclusions of hydric soils according to the Natural Resource Conservation Service, Technical Guide - Section H-A-2, June 1991. SUMMARY OF WATERS OF THE U.S. Surface Waters Intermittent - (+ 250 If) + 0.02 ac. Wetland + 0.20 ac. Approximate Total - Waters of the U.S. + 0.22 ac; Race Park USA, Page 2 April 3, 2001 SUMMARYOFIMPACTS Surface Waters .Intermittent - (+ 2501f) + 0.02 ac. Wetland + 0.20 ac. Total Impacts - Waters of the U.S. + 0.22ac. WETLANDS PERMITTING AND MITIGATION Prong, end Comnensatory Mitigation.- Storm water Manaaemgnt Plan A Storm water Management Plan will be designed and implemented for the project to meet the 401 Water Quality Certification requirements. The planners will utilize information and guidelines provided by the North Carolina Department of Environment, Health, and Natural Resources in developing the design of extended wet detention wetlands using the Table 1.1. in the Storm water Best Management Practices. NCDENR A}lri1, 1999, Planting Plan — Use of Existing Hvdric Soil Soil from the existing wetland areas that have permitted for impacts will be stripped and stored as feasible for utilization in lining the proposed wetland site. Other topsoil adjacent to the wetlands may also be suitable. Using these existing soils should hasten the development of vegetated cover and hydric soil conditions. This is also an excellent use of an important natural resource. Many of the recommended planted species currently exist in the vicinity of the area to be utilized for this function. The majority of the species in the wetlands include Obligate (OBL) and Facultative Wet (FACW) vegetation. Herbaceous plant species present include Softrush (Juncus effusus), sedge (Carex spp.), Duck potato (Sagitaria latifolia, Arrow arum (Peltandra virginia), Common Three -Square (Scirpus pungens), Touch-me-not (Impatiens capensis), Smartweed (Polygonum spp.), and others. Supplemental plantings will be selected from Table 11.2 in the Storm water Best Management Practices, NCDENR, April, 1999 based on actual field conditions, if required. Being that the site is in the vicinity of other wetlands and floodplain areas it is expected that the area will benefit from the natural seed sources available. It is expected that herbaceous and scrub/shrub wetland species will rapidly volunteer in the area. Emerment Zone Schedule - if reauired Botanical Name Common Name Size Notes Rushes/Sedges* Juncus effusus Smooth Needle Rush 2 yr. peat pot 3' O/C. Scirp. americanus Common Three Square 2 yr. peat pot Y O/C. Acoris calamus Sweet Flag 2 yr. prat pot 3' O/C. Race Park USA, Page 3 April 3, 2001 Shallow Water Plants Pehandra virginica Arrow Aram 2 yr, peat pot 3' 0/C. Sagitaria latifolia Duck Potato 2 yr. peat pot 3' O/C. Saururus cemus Lizard's Tail 2 yr. peat pot 3' O/C. Nuphar luteum Spatterdock 2 yr. peat pot 3' O/C. Planting shall be in naturalistic / random clumps to encourage diversity. Specific plant species, quantities, and size, which will be utilized for the mitigation sites will be dependent on availability, cost, time of year in which planting occurs. Control structures such as sedimentation traps, siltation barriers, and/or at a minimum silt fence will be utilized as necessary. CULTURAL RESOURCES The project site is disturbed from previous agricultural and development activities. No structures were found on the site. The State Historic Preservation Office may review of the USGS maps at the Office of State Archaeology and the Survey and Planning Office of the North Carolina Department of Cultural Resources to determine if sites are indicated on the National Historic Register within the study area. CONCLUSION The goal of the Storm water Treatment and Mitigation Plan is to help balance the environmental consequences of this development by creating a beneficial aquatic resource that will help maintain or minimize degradation of waters of the U.S. downstream of the project. Please contact me if you have any questions or require additional explanation. Thank you for your consideration. Leonard S. Rindner, PWS Environmental Planning Consultant Profession Wetland Scientist cc: Mr. Lee Dowell DEM ID: CORPS ACTION ID:' NATIONWIDE PERMIT REQUESTED (PROVIDE NATIONWIDE PERMIT 0): A PRE -CONSTRUCTION NOTIFICATION APPLICATION FOR NATIONWIDE PERMITS TH&T REQUIRE: 1) NOTIFICATION TO THE CORPS OF ENGINEER5 2) APPLICATION POR SECTION +401 CERTIFICATION 3) COORDINATION WITH TIM NC DIVISION OF COASTAL, MtXAGF.MENT 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 SHOULD BE SENT TO THE N.C. DIVISION OF ENVIRONMENTAL MANAGEMENT (SEE AGENCY ADDRESSES SHEET). PLEASE PRINT. 1. OWNERS NAME: oc ' P&,,- k-- ✓ U S'4 2. MAILING ADDRESS: 'pD•1,595 SUBDIVISION NAME: CITY: Jf1�"F�SVI Ie-- STATE:, Ncl ZIP CODE: 21e(0�� PROJECT LOCATION ADDRESS, MAILING ADDRESS ABOVE) : INCLUDING SUBDIVISION NAME (IF DIFFERENT FROM 3, TELEPHONE NUMBER (HOME): map (WORK)... 4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS, PHONE NUMBER: f_V . OK-r. S-�y „p -- 5 a rn -e-� cs la ves. 5. LOCATION OF WORK (PROVIDE A'1MAP, PREFERABLY A COPY OF USGS TOPOGRAPHIC MAP OR AER AL PHO OGRAPHY WITH SCALE): .COUNTY : _� I NEAREST TOWN OR CITY: 5 9 SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.): 6. IMPACTED OR NEAREST STREAM/RIVER: UnrA RIVER BASIN: 7a. IS PROJECT LOCATED NEAR WATER CLASSIFIED AS TROUT, TIDAL SALTWATER (SA), HIGH QUALITY WATERS (HQW), OUTSTANDING RESOURCE WATERS (ORW), WATER SUPPLY (WS-I OR WS-II)? YES [ ] NO IF YES, EXPLAIN: 7b. IS THE PROJECT LOCATED WITHIN A NORTH CAROLINA DIVISION OF CO STAL MANAGEMENT AREA OF ENVIRONMENTAL CONCERN (AEC)? YES [ ] NO [ 7c. IF THE PROJECT IS LOCATED WITHIN A COASTAL COUNTY (SEE PAGE 7 FOR LIST OF COASTAL COUNTIES), WHAT IS THE LAND USE PLAN (LUP) DESIGNATION? Ba. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS PROPERTY? YES [ ] NO [✓)' IF YES, PROVIDE ACTION I.D. NUMBER OF PREVIOUS PERMIT AND ANY ADDITIONAL INFORMATION (INCLUDE PHOTOCOPY OF 401 CERTIFICATION): Bb. ARE ADDITIONAL PERM REQUESTS EXPECTED FOR THIS PROPERTY IN THE FUTURE? YES [ J NO [, IF YES, DESCRIBE ANTICIPATED WORK: �r. 9a. ESTIMATED TOTAL NUMBER OF ACRES IN TRACT OF LAND: 9b. ESTIMATED TOTAL NUMBER OF ACRES OF WETLANDS LOCATED ON PROJECT SITE: ryk ki 10a. NUMBER OF ACRES OF WETLANDS IMPACTED BY THE PROPOSED PROJECT BY: FILLING: . z'Z f.�(.t''GS EXCAVATION: FLOODING: DRAINAGE: OTHER: TOTAL ACRES T/ /O HE nAPACTED : 22 f�CX' V / L.0 10b. (1) STREAM CHANNEL TO BE IMPACTED BY THE PROPOSED PROJECT (IF RELOCATED, PROVIDE DISTANCE BOTH BEFORE AND AFTER RELOCATION) : LENGTH BEFORE: � I"' 2,50 FT AFTER: b F` WIDTH BEFORE (based on normal high water contours): FT WIDTH AFTER: FT AVERAGE DEPTH BEFORE: (0 FT AFTER: FT (2) STREAM CHANNEL IMPACTS WILL RESULT FROM: (CHECK ALL THAT APPLY) OPEN CHANNEL RELOCATION: PLACEMENT OF PIPE IN CHANNEL: CHANNEL EXCAVATION: CONSTRUCTION OF ADAM/FLOODING: OTHER: (,j�t�✓� D'� GCS,(- C &^ � C ', q nod�PROPOSED,rWA U11. IF C STRUCTION OFA PONDT IS THE SIZE OF THE WATERSHED DRAINING TO THE POND? '�4_ M ,I-o 2D Ct crzg WHAT IS THE EXPECTED POND SURFACE AREA? `7 0 Lp - l�%-r Cram lr,� -� 12. DESCRIPTION OF PROPOSED WORK INCLUDING DISCUSSION OF TYPE OF MECHANICAL EQUIPMENT TO BE USED (ATTACH PLANS: 8 1/2" X 11" DRAWINGS ONLY): 13. PURPOSE OF PROPOSED WORK:: 3 L 14. STATE REASONS WHY IT IS BELIEVED THAT THIS ACTIVITY MUST BE CARRIED OUT IN WETLANDS. (INCLUDE ANY MEASURES TAKEN TO MINIMIZE WETLAND 15. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE (USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) (SEE AGENCY ADDRESSES SHEET) 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: (ATTACH RESPONSES FROM THESE AGENCIES.) f4 16. YOU ARE REQUIRED TO CONTACT THE STATE HISTORIC PRESERVATION OFFICER (SHPO) (SEE AGENCY ADDRESSES SHEET) REGARDING THE PRESENCE OF HISTORIC PROPERTIES IN THE PERMIT AREA WHICH MAY BE AFFECTED BY THE PROPOSED PROJECT. DATE CONTACTED: m3 17. DOES THE PROJECT INVOLVE AN EXPENDITURE OF PUBLIC FUNDS OR THE USE OF PUBLIC (STATE) LAND? YES [3 NO IF NO, GO TO 18) a. IF YES, DOES THE PROJECT REQUIRE PREPARATION OF AN ENVIRONMENTAL DOCUMENT PURSUANT TO THE REQUIREMENTS OF THE NORTH CAROLINA ENVIRONMENTAL POLICY ACT? YES [) NO [ 3 b. IF YES, HAS THE DOCUMENT BEEN REVIEWED THROUGH THE NORTH CAROLINA DEPARTMENT OF ADMINISTRATION STATE CLEARINGHOUSE? YES ( ] NO IF ANSWER TO 17b IS YES, THEN SUBMIT APPROPRIATE DOCUMENTATION FROM THE STATE CLEARINGHOUSE TO DIVISION OF ENVIRONMENTAL MANAGEMENT REGARDING COMPLIANCE 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 21603-8003, TELEPHONE (919) 733-6369. n Rpr pp Ol fp���� LedM�rd 111hdnsr - 1 V i V V -1 V 1 1 1 — .• Ipv.... I 704 047 0198 it, m mmvm =rad Avg= u ==v Cut S= 1f vw%l%CXtzw It iII *M MMTY xli"WW M u=r,MAM Of DWAM 09 lMS; NOltlw=AL Xlw N/1@t mba l A• I=Wp Di tM=%ON NU SHOWMG AM 1t47'iUM etPANNf. Mw 21, an all. ALL aItp. m twouri<1"Nnim Am ma1Nmp c* tax rAOlr ny MAU o MOT OR =a ��i#CM�D Is I new ��nnLe so INKY as y b. 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I V,Iira _^�,I,P {qt t 4W.'tt^[" 3 1 ,� , 1U�.� 850 V i 114as is , �IH t �r +•J€r 1 1 � 5(,�d � , TS V, r 1 a.:. _.—� .. 3938 3�I 1 ..4 ��, 55' i U 3937 \1 I ��j) � USGS L.NORMAN N ' lL.9;::W11/ L, \VV-, J I , + 1j 10, APPROXIMATE EXTENTS OF WETLANDS APPROXIMATE EXTENTS OF INTERMITTENT STREAM WATERS OF THE U.S. WETLAND IMPACTS ±0.20 ACRES INTERMITTENT STREAM IMPACTS ±250 LF MARSH ZONE ' f^ IMP. E0.T MR CONSTRUMM Mn \ 2 I , FOREBAY 5 1 .MAY. nr• y. g �^ �o Io w IF n "s E Flo$ I .Ks AIT TO 1 ROE NIPLIANCE RCEMENT EAITII, AND avAE 1.90 AC. E PROPOSED LOCATION OF EXTENDED DETENTION WETLANDS AS REQUIRED HNETH CHILDER HAR 7 CENRUNE Rono MIGROPOOL y aI FUTURE DEVELOPMENT �\ d I PROP329.04. E« •'\ j s� �cnNEraucnoN uns ` ` �•. �. � —_ ➢EREA -RAPT w TEAR. SILT FENCE ➢EREA BAPTIST CHURCH 7081386 SIZE AND SHAPE OF THIS AREA SUBJECT TO SPECIFIC DESIGN REQUIREMENTS AND NCDWQ APPROVAL MINIATURE GOLF COURSE AND RACE CAR TRACK SITE PLAN WITH STORMWATER MANAGEMENT AREA Rpm 2, BaMe Wbd Dd d m Stanodw der WiMIank Fnm Vadp at SW mw *w Wedond sdulderlim SEE SECTION SECTION 2.0 STORMWATER WETLANDS \ NCDENR STORMWATER BEST MANAGEMENT PRACTICES APRIL 1999 FOR e • i t • , i ' 1 r I k i •. r� 2.6 Design Regtitsommts for 1zternded Detention Wetktuds The design for extended dietentibn wetlands is very similar to that of the wet detention basins as described in the previous chapter. The pawwoent pool of water should be aimed as one would using 'fable 1.1 with a pern lane nt pool depth of 3 feet. The additional requizenient of detaining the runoff from the 1" sum far a period of 2 to 5 days still applies and this volume will be the volume above the permanent pool. An extended detention wetland must be also be designed with it forebay, as is a wet detention pond. The major difference between an extended detention wetland and a wet dwention basin is that the allocation of surface area to different pond depths. For the system to function as a wetland, 70% of the area of the petnnanerRr pool needs to be designed as a marsh with a depth of 0 to 18", with an almost equal distribution of area (35% and 35%) between 0" to 9" and V to 18." The other major difference is that there needs to be a smell pool (15% of the surface area) where the outlet is located to prevent sediment from interfering with the outset structure functions. The balance of the area is flexible with respect to