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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 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper • ' ihl ??ii iwfe.. ail 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 4230" 527 s 6834 1 Nw 28 (KANNAPOLIS) 529 s30 40' K4 NNnN QI?ti ?•Mwrr Tr?ler ark, gem 535 Ip 00 I i - ---? .r. u? C ? ?`• ? ?? ,, ?, ? i ve,. fir. ? ? ? ? 565 636 00 trailers p ??4=rt ,,? 'C"Oot'des Speedway' ? \4 , 5eo - ?/ OCKY 'Mallard V ' ti,J L) 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