HomeMy WebLinkAbout20040240 Ver 1_Approval Letter_200403121
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Mr. Brian Hoffman
Trammel Crow Company
214 N. Tryon Street, Suite 400
Charlotte, NC 28202-5399
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William G. Ross Jr,, Secretary
North Carolina Department of Environment and Natural Resources
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MAR 1 6 2004
SECTION
Subject: 66- Acres Highway 29 Site: Parking Site For Lowes Motor Speedway
APPROVAL of 401 Water Quality Certification with Additional Condition
Dear Mr. Hoffman:
March 12, 2004
DWQ# 04-0240
Mecklenburg County
You have our approval, in accordance with the attached conditions, to impact 639 linear feet of
unnamed intermittent stream to Mallard Creek in order to construct a parking area for Lowes Motor
Speedway in Mecklenburg County, as described in your application received by the Division of Water
Quality (DWQ) on February 18, 2004. 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. The 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:
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.
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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)
(919) 733-1786 (phone), 919-733-6893 (fax), (h://h2o.enr.state.nc.us/ncwetlands)
Customer Service #: 1-877-623-6748
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
Page 2
2. 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.
3. 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.
4. 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. The reclamation measures and implementation of these measures must be in accordance with
the requirements of the Sedimentation Pollution Control Act.
5. 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, the
devices shall be removed and the natural grade restored within six months of the date the Division
of Land Resources has released the project.
6. Continuing Compliance. The Trammel Crow Company 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 the
Trammel Crow Company and the USACOE, 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 the Trammel Crow Company in writing, and shall be
provided to the USACOE 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
7. Upon completion of the project, the applicant/responsible party shall complete and return the
enclosed "Certificate of Completion" form to the Division of Water Quality's 401/Wetlands Unit.
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 150B 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.
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Attachments
cc: Amanda Jones - ACOE
Wetlands Unit - Cyndi Karoly
Central Files
File Copy
Greg Antemann - Carolina Wetland