HomeMy WebLinkAbout19960316 Ver 1_COMPLETE FILE_19960403State of North Carolina
Department of Environment,
Health and Natural Resources 0F.X?FA
Division of Environmental Management 2
James B. Hunt, Jr., Governor
Jonathan B. Howes, Secretary ED E H N F?L
A. Preston Howard, Jr., P.E., Director
April 10, 1996
Cabarrus County
DEM Project # 960316
APPROVAL of 401 Water Quality Certification
Mr. G. Tim Lowder
Director of Engineering and Water Resources
Engineering Dept.
City of Concord
P.O. Box 308
Concord, NC 28025
Dear Mr. Lowder:
You have our approval to place fill material in 2.2 acres of wetlands or waters for the purpose of
constructing a sewer line at Rocky River between I 85 and US 29, as you described in your
application dated 28 March 1996. After reviewing your application, we have decided that this fill is
covered by General Water Quality Certification Number 3022. This certification allows you to use
Nationwide Permit Number 12 when it is issued by the Corps of Engineers.
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 and you may be required to send us a new application.
For this approval to be valid, you must follow the conditions listed in the attached certification.
Applicant is reminded that sewer line shall be no closer than 10 feet from the edge of stream except
at stream crossings. The enclosed list of plant species suggested to be used for soil stabilization
purposes. In addition, you should get any other federal, state or local permits before you go ahead
with your project.
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 Environmental Management under Section
401 of the Clean Water Act. If you have any questions, please telephone John Domey at 919-733-
1786.
Sincerely,
ton Howard, Jr. P
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Asheville Field Office
Mooresville DEM Regional Office
Mr. John Dorney
Central Files
Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX # 733-9959
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March 28, 1996
N.C. Dept. of Environment, Health and Natural Resources
Division of Environment Management
Environmental Services Branch
4401 Reedy Creek Road RECEIVED
Raleigh, N. Carolina 27607
013 ATTN : John Dorney APR 1996
ENVIRONMENTAL SCIENCES
Subject: Kings Grant Boulevard Sanitary Sewer
Concord, N.C. Cabarrus Co.
DEM Concurrence NWP 12 - Util:i.ry Line
Dear Mr. Dorney,
Enclosed is a copy of the NWP #1.2 application, one complete set
of the construction plans plus seven copies of the overall
vicinity plan of the subject project for your use and approval.
Please note that part of this project will be carried out in an
area affected by Corps of Engineers Action TD No. 199301446.
A wetlands delineation map and related correspondence concern-
ing this Action ID are included in this subnzi_ttal.
if you have any concerns or further questions, please do not
hesitate to call me at (704) 786-6161 Ext. 304. Your prompt
attention and cooperation. in this matter is appreciated.
Sincerely,
L(-- Li,_
G. Tim Lowder, P.E.
Director of Engineering and Water. Resources
GTL/lmp
Enclosures
cc: Contract File - Kinds Grant Boulev.:1--d. Sewer Contract 96-S3
Computer File
ENGINEERING DEPARTMENT
City of Concord • P.0. Box 308 • 66 Union Street, South • Concord, North Carolina 28025 • (704) 786-6161 • Fax (704) 786-4521 • TDD 1-800-735-8262
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DEM ID: ACTION ID:
NATIONWIDE PERMIT APPLIED FOR (PROVIDE NATIONWIDE PERMIT /)s 12
JOINT APPLICATION FORM FOR
NATIONWIDE PERMITS TEAT REQUIRE NOTIFICATION TO CORPS OF ENGINEERS
NATIONWIDE PERMITS THAT REQUIRE SECTION 401 CERTIFICATION CONCURRENCE
NATIONWIDE PERMITS THAT REQUIRE INDIVIDUAL SECTION 401 CERTIFICATION
WILMINGTON DISTRICT ENGINEER
.CORPS OF .ENGINEERS
DEPARTMENT OF THE ARMY
P.O. BOX 1890
WILMINGTON, NC 28402-1890
ATTN: CESAW-CO-E
Telephone (919) 251-4511
WATER QUALITY PLANNING
DIVISION 'OF .ENVIRONMENT
NC DEPARTMENT OF ENVIRO
AND NATURAL RESOURC
P.O. BOX 29535
RALEIGH, NC 27626-0535
ATTN: MR. JOHN DORNEY
T'; _ ..; .
k HEALTH
Telephone (919) 733
ONE (1) COPY OF THIS COMPLETED APPLICATION SHOULD BE SENT TO THE CORPS O! '_....
ENGINEERS. SEVEN (7) COPIES SHOULD BE SENT TO THE N.C. DIVISION OF
ENVIRONMENTAL MANAGEMENT. PLEASE PRINT.
1. OWNERS NAME: City of Concord
2. OWNERS ADDRESS:
P. 0. Box 30
Concord, N. C. 28026
3. OWNERS PHONE NUMBER (HOME): (WORK): 704/786-6161
4. IF APPLICABLE: AGENT'S NAME OR RESPONSIBLE CORPORATE OFFICIAL, ADDRESS,
PHONE NUMBER: George T Lowder, P.E.
Director of Engineering and Water Resources
_ 66 Union Street, South
Concord, NC 28026-0308
S. LOCATION OF PLANNED WORK (ATTACH MAP). COUNTY: CBbarrus
NEAREST TORN OR CITY: Concord_
SPECIFIC LOCATION (INCLUDE ROAD NUMBERS, LANDMARKS, ETC.):
r ,'• +- a along Rocky Rim an rnyimatim14r I. wa4r Fw1-vaan Tnt-Arci-al-c Rr, anA 7I.S
Hwy 29 Access Doint is off naw gpaPrjwa4z Kingq Giant Rnrnlavara Rafaranro '
vicinity map on construction plans -
6. NAME OF CLOSEST STREAM/RIVER: Rocky River -
7. RIVER BASIN: Rocky River - Pee Dee River
8. IS THIS PROJECT LOCATED IN A WATERSHED CLASSIFIED AS TROUT, SA, BOW, ORW,
WS I, OR WS II? YES ( ) No IX)
9. HAVE ANY SECTION 404 PERMITS BEEN PREVIOUSLY REQUESTED FOR USE ON THIS
PROPERTY? TLS (XJ NO ( )
IF YES, EXPLAIN. Reference ACE I D No 199301446
10. ESTIMATED TOTAL NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDINC
+?-
WETLANDS, LOCATED ON PROJECT SITE: 2.2
3/30/92
-2-
11. NUMBER OF ACRES OF WATERS OF THE U.S., INCLUDING WETLANDS, IMPACTED BY
THE PROPOSED PROJECT:
FILLED: NIA
DRAINED: N/A
FLOODED: N/A
EXCAVATED: 2.2_+/-
TOTAL IMPACTED: 2.2 +/-
12. DESCRIPTION OF PROPOSED WORK (ATTACH PLANS): Approximately 6,786 if
of 12" and 656 if of 15" and 16" gravity sanitary sewer line in the southwest
section of the City of Concord. Construction corridore to be limited to 40 ft. max.
13. PURPOSE OF PROPOSED WORK: To provide gravity sanitary sewer to the Charlotte
Motor Speedway and developing commercial areas in the immediate vicinity.
14. STATE REASONS WHY THE APPLICANT BELIEVES THAT THIS ACTIVITY MUST BE
CARRIED OUT IN WETLANDS. ALSO, NOTE MEASURES TAKEN TO MINIMIZE WETLAND
IMPACTS. Project alignment to follow natural drainage of area to existing
infrastructure located in Roc River Flood lain. onstruction corricTore t:0
e i.mite o 40 t. wide maximum. Original contours to be maintains , no illing
37-low areas.
1S. YOU ARE REQUIRED TO CONTACT THE U.S. FISH AND WILDLIFE SERVICE
(USFWS) AND/OR NATIONAL MARINE FISHERIES SERVICE (NMFS) REGARDING THE PRESENCE
OR 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. HAVE YOU DONE SO? YES ( j NO (Xj
RESPONSES FROM THE USFWS AND/OR NMFS SHOULD BE FORWARDED TO CORPS.
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?
HAVE YOU DONE SO? YES ( ) NO k )
RESPONSE FROM THE SHPO SHOULD BE FORWARDED TO CORPS.
17. ADDITIONAL INFORMATION REQUIRED BY DEM:
A. WETLAND DELINEATION MAP SHOWING ALL WETLANDS, STREAMS, AND LAKES ON
THE PROPERTY.
B. IF AVAILABLE, REPRESENTATIVE PHOTOGRAPH OF WETLANDS TO BE IMPACTED BY
PROJECT.
C. IF DELINEATION WAS PERFORMED BY A CONSULTANT, INCLUDE ALL DATA SHEETS
RELEVANT TO THE PLACEMENT OF THE DELINEATION LINE.
D. IF A STORMWATER MANAGEMENT PLAN IS REQUIRED FOR THIS PROJECT, ATTACH
COPY.
E. WHAT IS LAND USE OF SURROUNDING PROPERTY? Golf cnursp/Commercial
F.N/IF APPLICABLE, WHAT IS PROPOSED METHOD OF SEWAGE DISPOSAL?
AA n
3
OWNER'S SIGNATURE DATE
REPLY TO
- ATTENTION OF
Regulatory Branch
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 26402-1890
October 16, 1995
Action ID. 199301446, Wetland Determination
Charlotte Motor speedway Development Corporation
Post Office Box 600
Concurd, Nurth Carolina 28026
Dear Sirs:
50.??
(n7 I (1 hrt I:? ?..
This is in response to a September. 15, 1995 request from Mr. Tim Lowder
of the city of Concora to grant an extension of the expiration date for a
wetlands jurisdictional determination, pursuant to Section 404 of the Clean
Water Act, completed for Charlotte Motor Speedway property, adjacent to the
Rocky River, north of U.S. Highway 29, near Concord, in Cabarrus County, North
Carolina. On December 15, 1992, Mr. Steven Lund of our Asheville Field office
staff verified the wetland delineation and survey undertaken by Mr. Hal Owen
and Mr. Mickey Williams of Edgerton Environmental Services.
The expiration date for the original verification was March 11, 1995.
Due to a change in our operating policy, wetland delineation verifications are
now good for a period of 5 years. Therefore, the current expiration date for
'%:etland delineation at the speedway property is March 11, 1998. In
addition, we have noted that no change in the environmental conditions on the
site has occurred that would warrant adjusting the wetland line.
If you have any questions, please contact our Cabarrus County
representative, Mr. Steve Chapin, at (704) 271-4014.
Sincerely,
G. Wayne Wright
Chief, Regulatory Branch
Copy Furnished:
Mr. Tim Lowder
City of Concord
Engineering and Water Resources
Post office Box 308
Concord, North Carolina 28025
?R
PnntM o p+erytlet Pa'w
M
September 15, 1995
Department of the Army
Corps of Engineers
37 Battery Park Ave.
Asheville, NC 28801
Attn: Mr. Steve Lund
REF: Action ID 199301446
Gentlemen:
On March 11, 1993, your department issued a letter verifying the
delineation and survey of wetlands for the Charlotte Motor Speedway
as an accurate representation of the U.S. Army Corps of Engineers
Regulatory jurisdiction under Section 404 of the Clean Water Act on
the pcriion of property shown. That letter was valid for a period
of two years, and expired March 11, 1995.
Mr. Lex Patterson from the city of Concord has talked with you to
clarify what was needed to reverify the wetlands delineation. You
asked us to submit a survey map of the new property boundary with
the wetlands delineation shown within that boundary and a copy of
the golf course layout. I am enclosing two copies of the property
map, a copy of the proposed golf course layout and your letter of
March 11, 1993. If you need any additional information, please
contact us at 704-786-6161 Ext. 304.
Your efforts to reverify the wetlands delineation to help us
construct this golf course with minimal impact to the surrounding
area would be greatly appreciated.
Sincerely,
THE CITY OF CONCORD
G. Tim Lowder,P.E.
Director of Engineering & Water Resources
i
?y
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O BOX 1890
?^"?. ?"ir! ;? ^'J tJpRTN C SR','_I^Jr 2P40c^^-189D
IN REPLY REFER TO
Regulatory Branch
Action ID. 199301446
Charlotte Motor Speedway
Development Corporation
Post Office Box 600
Concord, North Carolina 28026
Gentlemen:
March 11, 1993
On December 15, 1992, Mr. Steven Lund of my staff visited your property
known as the Moorehead Farms tract adjacent to the Rocky River north of
U.S. Highway 29 and the existing speedway facility to verify the delineation
and survey of our regulatory jurisdiction pursuant to Section 404 of the Clean
Water Act. Also onsite were Mr. Hal Owen and Mr. Mickey Williams of Edgerton
Environmental Services.
Based on this visit and subsequent office review, we find that the Wetland
Survey for Charlotte Motor Speedway with revisions dated January 27, 1993 is
an accurate representation of the U.S. Army Corps of Engineers' regulatory
jurisdiction under Section 404 of the Clean Water Act on the portion of the
property shown. Any activity, including mechanized land clearing, that
results in the discharge of dredged or fill material into these wetlands would
require prior permit authorization from this office. Individual permits would
be required for development activities in the wetlands adjacent to the Rocky
River and could be difficult to obtain given the value of these bottomland
hardwood forests. Nationwide Permit No. 26 would apply to the three small
tributary streams on the property, however additional field work would be
required to establish the point at which these tributaries and their wetlands
become part of the Rocky River wetland system.
Please note that our regulatory program is subject to change, as is the
physical nature of your property. Therefore, this letter is valid for a
period of time not longer than 2 years from the date of issuance, and may be
voided at any time should we determine that the regulations governing our
program or changes in the physical nature of the property warrant such an
action.
Please provide two copies of the referenced wetland survey map for our
files. Questions or comments may be addressed to Mr. Lund, Regulatory Branch,
Asheville Field office, telephone (704)
2?1 -mil 4? S? 1 Ek IZ
Sincerely,
G. W avne h;-ioht
-?-r.,:?;?;? Chie!, Iir;;_>>??tor•.• Isrt,nc-h
.l
-2-
Copies Furnished:
Mr. John Dorney -
Division of Water Quality
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27687
Raleigh, North Carolina 27611-7687
Mr. Mickey Williams
Edgerton Environmental Services
Post Office Box 410507
Charlotte, North Carolina 28241