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20150577 Ver 1_401 Application_20150615
Evans, Mechwart, Hambleton & Tilton, Inc Engineers, Surveyors, Planners, Scientists Letter of Transmittal To: Jennifer Robertson, President Atlas Environmental, Inc. 712 English Tudor Lane Charlotte, NC 28211 We are sending you herewith via: f Courier The following items: F copies Copies Date Number of Description sheets From: Jeremy Icard Date: June 3, 2015 Job no.: 2015 -0195 Subject: Independence Acura F U.S. Mail l70' Fed. Ex. I✓' originals F [other] 1 6 -3 -15 - Check # 30268 for $570 for the permit application fee These are transmitted as checked below: F for approval r for your file r for execution / signatures Remarks: 1- as requested r for review & comment (— [other] For EMH &T: - -Q Jeremy Icard If enclosures are not as noted, kindly notify us at once. A legacy of experience A reputation for excellence 301 McCullough Drive, Suite 109, Charlotte, NC 28262 • Phone 704 548 0333 • Fax 704 548 0334 Columbus - Atlanta • Charlotte - Cincinnati - Indianapolis ennht Conn Corps Submittal Cover Sheet Please provide the following info: 2 1 5 0 5 7 7 1. Project Name HBM Hendrick BMW 2. Name of Property Owner /Applicant: HAG RE CDT, LLC, 600o Monroe Road, Charlotte, NC 28212 3. Name of Consultant/Agent: Jennifer Robertson, Atlas Environmental, Inc. *Agent authorization needs to be attached. 4 Related/Previous Action ID number(s): none known DWR° #,none known 5. Site Address: 7o16 East Independence Blvd, Charlotte, NC 28227 6. Subdivision Name: not a subdivision, commercial development 7. City: Charlotte 8. County: Mecklenburg _ 9. Lat: 35•i65579 Long: -80.742329 (Decimal Degrees Please) 10. Quadrangle Name: Mint Hill 11. Waterway: Unnamed Tributary McAlpine Crk ( "C" waters) 12. Watershed: Catawba 13. Requested Action: 6Z, @ g Iln X Nationwide Permit # 3 39 V — JUN r D _ General Pennit # 1 2015 _ Jurisdictional Determination Request D° N8 Bu FERER�oyuRCEs _ Pre - Application Request n�NG The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: commercial development Site/Waters Name: Unnamed Tributary McAlpine Cr Keywords: June 8, 2015 US Army Corps of Engineers NC Division of Water Resources, Attn: Mr. William Elliott 401 and Buffer Permitting Unit 151 Patton Ave, Room 208 Attn: Mrs. Jennifer Burdette /Mr. Alan Johnson Asheville, North Carolina 28801 -2694 1617 Mail Service Center Raleigh, North Carolina 27699 -1617 Re: HBM Hendrick BMW — 6.653 Acres Parcel ID's: 19106116, 19106115, and 19106101 7016 East Independence Blvd, Charlotte, Mecklenburg County, NC, 28227 Nationwide Permit 3/39 Request William /Jennifer: Hendrick Auto Group RE CDT, LLC is requesting approval of the enclosed Nationwide Permit 3/39 application. There are approximately 510 linear feet of piped stream on parcel 19106116, 175 linear feet of open stream on parcel 19106115, and approximately 175 linear feet of piped stream on parcel 19106101. The application package request is for 230 -510 linear feet of culvert replacement on parcel 19106116, 175 linear feet of new culvert on parcel 19106115, and 110 -175 linear feet of culvert replacement on parcel 19106101. The new stream impact is necessary in order to construct a new building and parking lot. Re- developing these three parcels is the best plan forward given the fact that all three parcels are currently developed, there are additional existing Hendrick Automotive facilities present at this location on additional parcels, and the stream being impacted is assessed as a lower quality stream. There will be a functional uplift in stream and water quality at the mitigation site. No mitigation is proposed for the impacts requested under Nationwide permit 3 as these impacts are replacements of existing culverts. The open stream is surrounded by existing urban development and lacks a quality buffer. There is evidence within the stream and on the stream banks that it receives a significant amount of stormwater flow (trash, pieces of concrete, rip -rap, etc.). There is a chain link and an electric fence on the west side of stream within 5 linear feet of the top of bank. A 1:1 mitigation ratio will replace the loss of existing stream function of the unnamed tributary to McAlpine Creek. A mitigation application request has been made to the NC Division of Mitigation Services for 175 warm stream credits. ATLAS Environmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704 - 512 -1206 (m) / 828 - 712 -9205 (m) / 980 - 819 -7780 (o) / 980 - 819 -7876 (1] www.atlasenvi.com / Offices in Asheville, Charlotte, and Raleigh ENVIRONMENTAL The existing culverts have been in place since sometime between 1978 and 1993 based on historic aerial photographs. The project engineer estimates that sections of the existing culverts have been in place 30 -40 years. The existing culvert on parcel 19106116 extends at least another 1,500 linear feet upstream of this project. The existing culvert on parcel 19106101 extends at least another 260 linear feet downstream of this project. The stream on site is an unnamed tributary to McAlpine Creek which is classified as "'C" waters by the North Carolina Division of Water Resources. This stream is assessed to be perennial relatively permanent water (p -RPW). Atlas staff is not aware of any other 404 permits previously issued for the property. An email from Mr. Brendan Smith is enclosed regarding the local stormwater plan approval requirements. The City of Charlotte Engineering and Property Management department will be reviewing all city ordinance required stormwater detention for compliance with applicable City ordinances and regulations and will be providing design approval for the project. Enclosed are the necessary permit application documents and additional project information for the requested permit approvals. Thank you for your attention to the enclosed permit application approval request. Please contact me if you need any additional information or have any questions. Best regards, Jennifer L Robertson, President 3 Robertson (cbatlasenvi.com Hard Copy Furnished To: Mr. Alan Johnson, NC DWR, Mooresville Office ATLAS Environmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704 - 512 -1206 (m) / 828 - 712 -9205 (m) / 980 - 819 -7780 (o) / 980 - 819 -7876 (t) www.atlasenvi.com / Offices in Asheville, Charlotte, and Raleigh ONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402 -1890 -and - NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699 -1650 I, the current landowner, lessee, contract holder to purchase, or right to purchase holder of the property identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and /or permit processing at the request of the Corps or WQP. Project Name: Property Owner of Record: Contact Name: Address: HBM Hendrick BMW HAG RE CDT, LLC Gene Cocchi 6000 Monroe Rd., Ste. 100 Address: Charlotte, NC 28212 Phone /Fax Number: 704.566.3208/704.566.3306 Email Address: gene.cocchi @hendrickovto.com Project Address: 7016 E. Indepe e e Blvd. Project Address: Charlotte, / Tax PIN: 19 510611 /,1910 01 Or Signature: Date: S j6141f 5 r ATLAS Environmental Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704 -512 -1206 (m) / 828 -712 -9205 (m) / 980 -819 -7780 (o) J 980 -819 -7876 (t) lrobertson@atlasenvi.com www.atLisenvi�m OF W ATF9 ? � � p Office Use Only: �� r Corps action ID no 1. l s o ®' DWQ protect no. Form Version 1 4 January 2009 Pre - Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a Type(s) of approval sought from the ®Section 404 Permit ❑Section 10 Permit Corps 1b. Specify Nationwide Permit (NWP) number 3/39 or General Permit (GP) number - 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e Is this notification solely for the record For the record only for DWQ 401 For the record only for Corps Permit because written approval is not required? Certification ❑ Yes ® No ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for ® Yes ❑ No mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. 1g Is the project located in any of NC's twenty coastal counties If yes, answer 1h ❑ Yes ® No below 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: HBM Hendrick BMW 2b. County Mecklenburg 2c. Nearest municipality / town Charlotte 2d. Subdivision name not a subdivision, commercial development 40)A\ 2e NCDOT only, T.I.P. or state not a DOT project no /O\ project 3. Owner Information / / ✓UN 3a. 3b Name(s) on Recorded Deed. HAG RE CDT, LLC Deed Book and Page No 07706 / 755, 26468 / 60, and 04781 / 282 e01$ / 3c Responsible Party (for LLC if Gene CocchiG3 applicable) 3d Street address 6000 Monroe Road, Suite 100 3e City, state, zip Charlotte, North Carolina 28212 3f Telephone no. 704 - 566 -3208 3g. Fax no.- 704 - 566 -3306 3h. Email address gene.cochi @hendrickauto.com Page l of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a Applicant is ❑ Agent ❑ Other, specify: 4b Name same as above 4c. Business name same as above (if applicable). 4d. Street address: same as above 4e City, state, zip same as above 4f Telephone no. same as above 4g. Fax no.: same as above 4h Email address same as above 5. Agent/Consultant Information (if applicable) 5a. Name Jennifer L Robertson 5b Business name Atlas Environmental, Inc. (if applicable) 5c Street address. 712 English Tudor Lane 5d City, state, zip Charlotte, NC 28211 5e Telephone no - 704 - 512 -1206 5f. Fax no. 980 - 819 -7876 5g. Email address JRobertson @atlasenvi com Page 2 of 10 PCN Form — Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a Property identification no. (tax PIN or parcel ID): 1 b Site coordinates (in decimal degrees) I Latitude 35.165579 1c Property size `- Surface Waters 2a. Name of nearest body of water to proposed project 2b. Water Quality Classification of nearest receiving water 2c. River basin 3. Project Description 16106116,19106115,19106101 Longitude: - 80.742329 6.653 acres McAlpine Creek C Catawba 3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application all three parcels are developed; this project will included redevelopment of the properties; the general land use is existing commerical development, mulifamily development, a school, and forested areas 3b. List the total estimated acreage of all existing wetlands on the property 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property- 175 linear feet open, 685 linear feet culverted 3d Explain the purpose of the proposed protect to re- develop a commercial project to meet the needs of automobile customers (both new vehicles, used vehicles, and body shop customers) 3e Describe the overall project in detail, including the type of equipment to be used Re- development of three parcels for Hendrick BMW, heavy earth moving equipment will be used to grade and develop the site, 175 linear feet of perennial stream impacts are necessary 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the ® Yes ❑ No ❑ Unknown Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Comments JD has been submitted to Corps 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Final Preliminary ® 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Atlas Environmental, Inc. Name (if known) Jennifer L Robertson / Joel McSwain Other 4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. JD has been submitted to Corps 5. Project History 5a Have permits or certifications been requested or obtained for ❑ Yes this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a Is this a phased project? 6b. If yes, explain. ❑ Yes Page 3 of 10 ® No ❑ Unknown /1 . PCN Form — Version 1 4 January 2009 C. Proposed Impacts Inventory 1 Impacts Summary 1a Which sections were completed below for your project (check all that apply): 1 ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2 Wetland Impacts 1 If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted 2a. 2b. 2c. 2d 2e. 2f. Wetland impact Type of jurisdiction Area of number Type of impact Type of wetland Forested Corps (404, 10) or impact Permanent (P) or (if known) DWQ (401, other) (acres) Temporary (T) W1 - Choose one Choose one Yes /No - 0 W2 - Choose one Choose one Yes /No - 0 W3 - Choose one Choose one Yes /No - 0 W4 - Choose one Choose one Yes /No - 0 W5 - Choose one Choose one Yes /No - 0 W6 - Choose one Choose one Yes /No - 0 2g. Total wetland impacts: 0 2h. Comments no wetlands are present on the parcels 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a 3b. 3c. 3d. 3e 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 P Culvert UT to McAlpine PER Corps culvert 510 Creek S2 P Culvert UT to McAlpine PER Corps 4 175 Creek S3 P Culvert UT to McAlpine PER Corps culvert 175 Creek S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts: 175 / 340- 685 3i Comments 175 linear feet of new culvert, 340 -685 linear feet of culvert replacement Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts 5b. 5c. none If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U S. then individually list all open water impacts below. (acres) 4a. 4b. Upland 4c. 4d 4e. Open water Name of waterbody (acres) number of pond impact number— (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Flooded Filled Temporary (T) Flooded Filled Excavated 101 - none Choose one Choose I 0 102 - none Choose one Choose I 0 103 - none Choose one Choose I 0 04 - none Choose one Choose I 0 0 0 0 0 4f. Total open water impacts: 0 4g Comments there is no open water on site 5. Pond or Lake Construction If pond or ake construction proposed, then complete the chart below 5a. 5b. 5c. none 5d 5e. B4 - none Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose no impacts to protected buffers are proposed (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated P1 Choose one none none none none none none none P2 Choose one none none none none none none I none 5f. Total: 0 0 0 0 0 0 0 5g Comments no pond construction is proposed 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no 51 Expected pond surface area (acres) none proposed 5j. Size of pond watershed (acres) none proposed 5k. Method of construction none proposed 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below If any impacts require mitigation, t ien you MUST fill out Section D of this form 6a.Project is in which protected basin? ❑ Neuse ❑ Tar - Pamlico ® Catawba ❑ Randleman ❑ Other - 6b. 6c. 6d. 6e. 6f. 6g Buffer impact number — Reason for impact Buffer Zone 1 Zone 2 Permanent (P) or Stream name mitigation impact impact Temporary (T) required? (square (square B1 - none B2 - none 63 - none B4 - none B5 - none B6 - none 61 Comments no impacts to protected buffers are proposed Page 5 of 10 feet) feet) Yes /No 0 0 Yes /No 0 0 Yes /No 0 0 Yes /No 0 0 Yes /No 0 0 Yes /No 0 0 6h. Total buffer impacts: 0 0 PCN Form — Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The 175 linear feet of open stream is included in this request to be culverted. This stream is surrounded by existing commercial development and sources for stormwater run -off. Stream impacts will be minimized by the proposed mitigation 175 linear feet of stream will be restored and will be a higher quality stream system with a quality buffer 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The stream requires to be impacted in order to re- develop the property constructing a new budding and parking lot. Construction techniques will include stormwater treatment which is currently not present on site This stormwater treatment will improve downstream water quality 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply) 2c. If yes, which mitigation option will be used for this project? 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank none /�NER ® DWQ ® Corps ❑ Mitigation bank ® Payment to in -lieu fee program ❑ Permittee Responsible Mitigation Type Choose one Quantity none 3b Credits Purchased (attach receipt and letter) Type Choose one Quantity none Type Choose one Quantity none 3c Comments none 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ® Yes 4b. Stream mitigation requested 175 linear feet 4c. If using stream mitigation, stream temperature Warm 4d Buffer mitigation requested (DWQ only) none square feet 4e Riparian wetland mitigation requested. none acres 4f Non - riparian wetland mitigation requested none acres 4g Coastal (tidal) wetland mitigation requested- none acres 4h Comments NC DMS application is enclosed, the approval letter will be forwarded once received 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. not applicable Page 6 of 10 PCN Form — Version 1 4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ® No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required 6c. 6d. 6e Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 none none 3 (2 for Catawba) none Zone 2 none none 1.5 none 6f Total buffer mitigation required: none 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g , payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund) not applicable 6h. Comments no comments Page 7 of 10 PCN Form — Version 1 4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the protect include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b If yes, then is a diffuse flow plan included? If no, explain why ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? >24% % 2b Does this protect require a Stormwater Management Plan? ® Yes ❑ No 2c If this project DOES NOT require a Stormwater Management Plan, explain why 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan The stormwater management plan will be approved locally by City of Charlotte. 2e. Who will be responsible for the review of the Stormwater Management Plan? City of Charlotte 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this protect? City of Charlotte ® Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW apply (check all that apply) ❑ USMP ❑ Water Supply Watershed ❑ Other 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Program Review ❑ Coastal counties ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply) ❑ Session Law 2006 -246 ❑ Other 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ® No 5. DWQ 401 Unit Stormwater Review 5a Does the Stormwater Management Plan meet the appropriate requirements? ® Yes ❑ No 5b Have all of the 401 Unit submittal requirements been met? ® Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ■ //m 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s) 3. Cumulative Impacts (DWQ Requirement) I 3a Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description 4. Sewage Disposal (DWQ Requirement) 4a Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. This commercial development will access the existing municipal sewer system. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Yes ® No ❑ Yes ® No 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? NCDENR Natural Heritage Program Map Viewer and GIS Layer; see enclosed desktop review for Federal T &E 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ® No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ® No status (e.g , National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NCHPO GIS Service 8. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year floodplain? ❑ Yes ® No 8b If yes, explain how project meets FEMA requirements 8c What source(s) did you use to make the floodplain determination? FEMA floodmaps GIS layer Jennifer L Robertson Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided ) 6/8/2015 Date Page 10 of 10 PCN Form — Version 1 4 January 2009 i i i I y • • �; "t � 1 -- --� _- _ ar CID -- --I -- 910605 / I t - X91 ;� 46 IS •_. � L J o Itom. gi 9106 � ik - -- _ } � ; 111 5 � /r 1�.. -- t( ;/ • -- J I, � � L/jiJ V --- - -- -- - -- IMPgCT V t Bf I 1;) i _ �-_ � I,r,,,., ■ REP /,a CE ERET X NT 5 10 0. NOZ • r:,, . , � � ,! ,..,.:n. ! I I D Ce VE 0 1 �5 m 175 RT 010.0.0. �.f. - a o -FT 0.0166 ac. E Q �s � � � � r� � � -♦.�►- -ors.. -��rrr4:, _- — '+� -.�' .'g g' iu IS Pere b6stin p u CU /Vg�7(S) T otal Acreage to a� of Site : t Existing RPW(s) ; 1 6 653 Acres __ U c i' Pr °Posed imPact(s) ; (0.15 nAcr e Peet 5 s) ro l5 . g6 r� �• 0 (0.047 _ g 0,g r s1 t c ro ti� Corps Submittal Cover Sheet Please provide the following info: 1. Project Name HBM Hendrick BMW 2. Naive of Property Owner /Applicant: HAG RE CDT, LLC, 6000 Monroe Road, Charlotte, NC 28212 3. Name of Consultant /Agent: Jennifer Robertson, Atlas Environmental, Inc. *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): none known 5. Site Address: 7016 East Independence Blvd, Charlotte, NC 28227 6. Subdivision Name: not a subdivision, commercial development 7. City: Charlotte 8. County: Mecklenburg 9. Lat: 35•i65579 Long: -80.742329 10. Quadrangle Name: Mint Hill 11. Waterway: Unnamed Tributary McAlpine Crk ( "C" waters) 12. Watershed: Catawba 13. Requested Action: Nationwide Permit # _ General Permit # X Jurisdictional Determination Request Pre- Application Request The following information will be completed by Corps office: AID: Prepare File Folder Assign number in ORM DWR # none known (Decimal Degrees Please) Authorization: Section 10 Section 404 Project Description/ Nature of Activity/ Project Purpose: commercial development Site/Waters Name: Unnamed Tributary McAlpine Ct Keywords: Begin Date K``'I`1CIVIRONMENTAL US Army Corps of Engineers Attn: Mr. William Elliott 151 Patton Ave, Room 208 Asheville, North Carolina 28801 -5006 May 13, 2015 Re: HBM Hendrick BMW — 6.653 Acres Parcel ID's: 191061161 19106115, and 19106101 7016 East Independence Blvd, Charlotte, Mecklenburg County, NC, 28227 Jurisdictional Determination Request William: Hendrick Auto Group RE CDT, LLC is requesting approval of the enclosed Waters of the US delineation. There are 175 linear feet of open stream, approximately 685 linear feet of piped stream, and no wetlands on the subject properties. The existing culverts have been in place since sometime between 1978 and 1993 based on historic aerial photographs. The project engineer estimates that sections of the existing culverts have been in place 30 -40 years. The existing culvert on parcel 19106116 extends at least another 1,500 linear feet upstream on this project. The existing culvert on parcel 19106101 extends at least another 260 linear feet downstream of this project. The stream on site is an unnamed tributary to McAlpine Creek which is classified as "C" waters by the North Carolina Division of Water Resources. The stream on site is assessed to be a perennial relatively permanent water (p -RPW). Atlas staff is not aware of any other 404 permits previously issued for the property. Enclosed are the necessary jurisdictional determination documents and additional project information. Thank you for your attention to the enclosed delineation approval request. Please contact me if you need any additional information. Best regards, Jennifer L Robertson, President ]Robertson @atlasenvi.com ArL4SEnvironmental, Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704 - 512 -1206 (m) / 828 - 712 -9205 (m) / 980 - 819 -7780 (o) / 980 - 819 -7876 (1) www.atlasenvi.com / Offices in Asheville, Charlotte, and Raleigh C +_ .IRONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402 -1890 -and - NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699 -1650 I, the current landowner, lessee, contract holder to purchase, or right to purchase holder of the property identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and /or permit processing at the request of the Corps or WQP. Project Name: Property Owner of Record: Contact Name: Address: Address: Phone /Fax Number: Email Address: Project Address: Project Address: Tax PIN: HBM Hendrick BMW HAG RE CDT, LLC Gene Cocchi 6000 Monroe Rd., Ste. 100 Charlotte, NC 28212 704-566.3208/704.566.3306 gene.cocchi@hendrickaLrto.com 7016 E. indepee Blvd. Charlotte, 19 5 910611 /,1910 O1 Signature: Xv J -71� Date: A TLASEnvironmental Inc. 712 English Tudor Lane Charlotte, North Carolina 28211 704- 512 -1206 (m) / 828 - 712 -9205 (m) / 980- 819 -7780 (o) / 980 -819 -7876 (0 lrobertson@atiasenvi.com www.atlasemd,com Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 7o16 East Independence Blvd, Charlotte, NC 28227 City, State: Charlotte, North Carolina County: Mecklenburg Directions: From Charlotte: Take 1 -77 S to Brookshire (277/16), take E Independence (27/74), site on right near WT Harris Blvd Parcel Index Number(s) (PIN): 191o6116 191o6115 191o61o1 B. REQUESTOR INFORMATION Name: Jennifer L Robertson, Atlas Environmental, Inc. Mailing Address: 712 English Tudor Lane, Charlotte, NC 28211 Telephone Number: (704) 512 -12o6 Electronic Mail Address': JRobertson @atlasenvi.com Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: HAG RE CDT, LLC (Gene Cocchi) Mailing Address: 6000 Monroe Road, Suite loo Charlotte, NC 28212 Telephone Number: 704- 566 -3208 (office) / 704-566 -33o6 (fax) Electronic Mail Address': gene.cocchi@hendrickauto.com ✓❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel /Tax Record data) 1 If available 2 Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property /properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. *see agent authorization form May 6, 2015 Property Owner (please print) Date Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: I am requesting that the Corps provide a preliminary_ JD for the property identified herein. This request does include a delineation. I am requesting that the Corps provide a oreliminary JD for the property identified herein. This request does NOT include a delineation.* ❑ I am requesting that the Corps investigate the property /project area for the presence or absence of WoUS5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. I am requesting that the Corps delineate the boundaries of all WoUS on a property /project area and provide an approved JD (this may or may not include a survey plat). I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property /project area and provide an approved JD (may or may not include a survey plat). 4 For NCDOT requests following the current NCDOT /USACE protocols, skip to Part E 5 Waters of the United States Version: December 2013 Page 4 Jurisdictional Determination Request F. ALL REQUESTS Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. ZSize of Property or Project Area 6.653 acres ❑ I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: ❑ Completed and signed Preliminary Jurisdictional Determination Form . ❑ Project Coordinates: Latitude Longitude Maps (no larger than 1 1 x l 7) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08 -02, dated June 26, 2008 Version: December 2013 Page 5 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: Wetland Data Sheets Tributaries: USACE Assessment Forms ❑ Upland Data Sheets F-1 Other Assessment Forms (when appropriate) Landscape Photos, if taken 17 Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and /or tributary assessment reaches • Locations of photo stations • Approximate acreage /linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: F✓ Project Coordinates: 35.165579 Latitude 80.742329 Longitude Maps (no larger than 11 x 17) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑✓ Aerial Photography of the project area USGS Topographic Map Soil Survey Map aOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 7 1987 Manual Regional Supplements and Data forms can be found at: htto / /www.usace armv mil / Missions/ CivilWorks /RegulatorvProgramand Permits /reg surm.asnx Wetland and Stream Assessment Methodologies can be found at: httia-Hportal.ncdenr org /c /document library /set file ?uuid= 76f3c58b -dab8- 4960- ba43- 45b7faf06f4c &groupld =38364 and, htto: / /www saw usace armv mil/ Portals /59 /docs /regulatory /publicnotices /2013 /NCSAM Draft User Manual 130318 Pdf 8 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets Tributaries: 7 USACE Assessment Forms ❑✓ Upland Data Sheets ❑✓ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑v Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage /linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) For] Approved Jurisdictional Determination Forms) (also known as "Rapanos Form(s) ") Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type. Version: December 2013 Page 7 Jurisdictional Determination Request I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard - copy submittals include at least one oriLnnal Plat (to scale) that is no larger than 11 "x17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11 "x17 ", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e -mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL Must be sealed and signed by a licensed professional land surveyor Must be to scale (all maps must include both a graphic scale and a verbal scale) Must be legible Must include a North Arrow, Scale(s), Title, Property Information Must include a legible WoUS Delineation Table of distances and bearings /metes and bounds /GPS coordinates of all surveyed delineation points F] Must clearly depict surveyed property or project boundaries Must clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) F] When wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Version: December 2013 Page 8 Jurisdictional Determination Request When tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project /property boundaries ❑ Must include the location of wetland data points and /or tributary assessment reaches Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands ", "non - jurisdictional waters "). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 Page 9 Jurisdictional Determination Request (2) CERTIFICATION LANGUAGE When the entire actual Jurisdictional Boundary is depicted: include the following Corps Certification language: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, the determination of Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: F1When uplands may be present within a depicted Jurisdictional Boundary: include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USA CE Action ID No.: Version: December 2013 Page 10 Jurisdictional Determination Request (3) GPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: be at sub -meter accuracy at each survey point. include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross - referenced with the existing traditional property survey (metes and bounds). ❑ include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 Waters of the US and Isolated Wetlands Delineation Report of Findings April 14, 2015 Parcel ID 19106116 — 4.033 Acres Parcel ID 19106115 — 1.37 Acres Parcel ID 19106101 — 1.25 Acres Hendrick Auto Group, Independence Acura Charlotte, Mecklenburg County, North Carolina Prepared For: Evans, Mechwart, Hambleton, & Tilton, Inc. 301 McCullough Drive, Suite 109 Charlotte, North Carolina 28262 Prepared By: EMU, Inc, Parcel ID's 19106116, 19106115, and 19106101 - Page 1 Summary of Findings Stream and Wetland Delineation Introduction At your request, during April 2015, staff from Atlas Environmental, Inc. (Atlas) performed a pedestrian survey of Parcel ID's 19106116, 19106115, and 19106101 to identify the presence of surface waters and wetlands that are subject to Federal and State regulations. Surface waters such as perennial (p- RPW's) and intermittent (s- RPW's) streams and their impoundments are subject to Section 401 and Section 404 of the Clean Water Act. An area is determined to be a jurisdictional wetland if it exhibits wetland hydrology, hydrophytic vegetation, and hydric soil characteristics. These characteristics are required to be in accordance with the definitions in the U.S. Army Corps of Engineers (Corps) Wetland Delineation Manual from 1987. Isolated wetlands are subject to the North Carolina Department of Environmental and Natural Resources (DENR), Division of Water Resources (DWR) Isolated Wetlands Rules. Surface Waters Located on the Mint Hill topo -quad the site is within drainage areas of McAlpine Creek within the Catawba River Basin (HUC 03050103). The DWR Water Quality Program (DWR, WQP) classifies McAlpine Creek as "Class C" waters. The field delineation of assessed jurisdictional stream features was conducted utilizing current methodologies which are consistent with those outlined in the 1987 US Armv Corps Wetland Delineation Manual, the Reaional Supplement of the Corps of Enaineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version2.0). April 2012, post Rapanos Supreme Court decision guidance (2007), other Regulatory Guidance Letters provided by the Corps, and the latest DWR, WQP, Surface Water, Wetlands Branch, 401 and Buffer Permitting Unit Methodology for Identification of Intermittent and Perennial Streams and Their Origins (V.4.11, 2010) — effective September 1, 2010. Evaluations and assessments regarding jurisdictional limits and permitting requirements made by consultants are subject to verification by the Corps, the DWR, WQP, and other appropriate state and local regulatory authorities. The limits of any jurisdictional streams are depicted on Figurel Aquatic Resources Sketch Map. This determination is subject to verification by the US Army Corps of Engineers and, in some cases, the State agencies charged with the protection of surface water resources. The map on Figure 1 as well as the remaining resource maps was obtained from Mecklenburg County GIS. Upon review of the existing site conditions, it is our assessment that one jurisdictional stream is present on the project area. This perennial stream is an unnamed tributary to McAlpine Creek. Approximately 510 linear feet of this stream is piped through parcel 19106116, 175 linear feet is open stream through parcel 19106115, and approximately 175 linear feet of this stream is piped through parcel 19106101. Other drainage features were determined to be non - jurisdictional non - relatively permanent waters. It should be noted that this time of year is typically when high flows would be observed. We recommend that formal written concurrence of our assessments regarding the jurisdictional status of all drainage features on site be obtained from the Corps. The formal final jurisdictional determination will be valid for five years. Wetlands and Isolated Wetlands Potential wetland areas on the site were evaluated for the presence of hydric soils, evidence of wetland hydrology, and hydrophytic vegetation. In these areas, hydrologic proof would be the existence of hydric soils with oxidized root channels in the upper soil horizons that have low chroma matrix colors. Indicators of hydrology may include water borne deposits, drift lines, scour marks, the presence of crayfish borrows, redoximorphic concretions, or regional indicators of soil saturation. Hydrophytic vegetation can range from facultative to obligate wetland plant species. EMH &T, Inc, Parcel ID's 19106116, 19106115, and 19106101 - Page 2 Based on site observations, it was assessed that no jurisdictional wetlands or isolated wetlands exist on the subject property. Public Sourced Natural Resource Maivinq County GIS Tax Parcel (Figure 2) Relevant water resource layers and hydrologic layers have been activated for this figure. Water resources depicted on this figure are not typically field verified but rather they are generated at the county's direction and are most likely based on other public sourced maps or by GIS staff photo- interpretation. County GIS Aerial (Figure 3) Aerial maps help with site access and orientation in the field. These maps are also useful for determining likely stream corridors and floodplain areas. County GIS Topographical Map (Figure 4) Generally, a feature that is depicted in blue or magenta is a water resource. However, some of these features may not be jurisdictional resources due to complex nuances within the regulations. Additional jurisdictional water resources may be present though they are not depicted on this mapping resource. Wetland and stream jurisdictional determinations are based on field evaluations not merely the presence or absence of blue or magenta features depicted on this map. Delineation Findinas Summary In summary Atlas assessed that there is one Corps jurisdictional stream or no Corps jurisdictional wetlands on the subject parcel. Atlas assessed that there are no DWR isolated wetlands on the property. Atlas can obtain written concurrence of the findings from the Corps and DWR. Permittinq In general (with some exceptions) the permitting process is regulatory and not prohibitory. A Corps 404 permit verification and /or a 401 water quality certification from DWR is not required for work on the subject property that is restricted to high ground areas /activities. Construction activities within jurisdictional streams and wetlands (collectively referred to as Waters of the US) require written authorization by the Corps and /or State (DWR -WQP) water resources agencies prior to impacts. For most development projects a stormwater management plan will be required if impervious surfaces exceed 24% over the entire project and /or high density areas and /or if stormwater is not treated with predominantly vegetated conveyances for low density projects. The project may be required to meet local NPDES Phase 2 or Water Supply Stormwater Management requirements. Impacts of 150 linear feet and less to the identified streams and fills of less than 1/10tl' acre of jurisdictional waters and wetlands are typically standard to permit under the Nationwide Permit program, and may not require compensatory mitigation for impacts. Impacts to 150 linear feet of stream up to 300 linear feet of stream and from 1/10 to' /2 acre of wetland impacts may be authorized under the Nationwide Permit program as well, but a more thorough review for avoidance and minimization of impacts will be conducted by both the Corps and the DWR -WQP. Compensatory mitigation will be required for stream and wetland losses under this permitting scenario. Unavoidable impacts that exceed these thresholds may likely only be authorized under an Individual Permit and Water Quality Certification, and these permits involve a public notice and comment periods and may involve a public hearing. EMH &T, Inc, Parcel ID's 19106116, 19106115, and 19106101 - Page 3 Once an acceptable site plan is produced, Atlas can assist with the preparation and submittal of a Pre - Construction Notification (permit application) to the Corps and NC DWR -WQP if it is determined that impacts are unavoidable. The likely Nationwide Permit that is applicable for commercial development is Nationwide Permit (NWP) 39. The Corps will review the application for eligibility under NWP 39 which includes a review for impacts to cultural and historic resources, natural heritage resources, impacts within FEMA regulated floodplains, and threatened and endangered species. Upon their determination that the proposed development is not likely to adversely impact those resources, they will issue their permit verification. NC DWR -WQP will review the application for impacts to water quality and aquatic life. Storm water control and treatment design will be reviewed by the local delegated authority, if applicable, otherwise the North Carolina Division of Energy, Mineral, and Land Resources will review storm water plans or in certain instances NC DWR -WQP may review the storm water plans. The following links to the full text of the Corps Nationwide Permit 39 and NC DWR Water Quality Certification (for commercial developments) are provided for your review: httD: / /www.saw.usace.armv. mil / Portals /59/ docs / reaulatory /readocs /NWP2012 /NWP39 3- 23.Ddf httD: / /Dortal.ncdenr.orq/c /document library /aet file ?uuid= 9e7c74e6- 1036- 44dd -b70f- 8e93e7ef6fbe &a rou DId = 38364 Permitting Summary If impacts to Waters of the US and /or isolated wetlands are necessary for site development a Corps permit and /or DWR water quality certification may be required. Nationwide permits are usually limited to 1/2 acre of stream /wetland /open water impacts as well as 300 linear feet of stream impacts. Individual permits require an elevated review process. Recommendations The following is a very general summary of the recommended next steps. 1. Conduct site visit(s) with the Corps and DWR 2. Obtain Corps verification of the Atlas delineation 3. Submit a permit application to the Corps and DWR for stream impacts. Conclusion This concludes our project review and report of findings for the stream and wetland delineation. We appreciate the opportunity to provide these services. Please feel free to call with questions or to discuss this report. Best regards, Jennifer L Robertson President EMH &T, Inc, Parcel ID's 19106116, 19106115, and 19106101 - Page 4 Jurisdictional Waters of the US and Isolated Wetlands Figures EMH &T, Inc., Parcel ID's 19106116, 19106115, and 19106101 - Page 5 Polaris 3G Map — Mecklenburg County, North Carolina Figure 1. Aquatic Resources Sketch Map err s �s /�'" —�✓"� 19106117 hh 165'15113 t 4 lye X012 I Stream Flow Direction Existing Culvert i 11 �L vS.rr _ I9 1 1g11,t „I � t.. Tvlf Existing Culvert ,r — tut1. >>.5 1 N 0 0.004¢009 0.018 Miles WE This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburq County and its mappinq contractors assume no leqal responsibility for the information contained herein. f \II I.1 -- Pl - _ - - I I- 4 111/1 n14n 4^4-4r -- 4 -- ^4 M- -- ^ Polaris 3G Map — Mecklenburg County, North Carolina Figure 2. Tax Parcel Map + _r °b ��oiCiS�i �.0A R,.a�,,� 1 , ti. f t'�T� ! 0 0.0125,.025 � �' 0.05 Miles "� ' . tr�� e $ This map or report is prepared forthe inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. r�111nT 1 11..._11111 - ♦/�J I�nI�� •������� _.I •��n���� 11__._� Polaris 3G Map — Mecklenburg County, North Carolina Figure 3. Aerial Map Polaris 3G Map — Mecklenburg County, North Carolina Figure 4. Topo Map , Ztl ` 1 - 0 X" ° 1 1 a"srs` '"��'' ` f 0 0.0125 %025 0.05 Miles This map or, report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. VEcOnEty Map Notes . mapquest This map doesn't contain any items. ray View Dr o o a+7c� Pam 0�,a a A, con G 'WalLac, YyaNwO, SL t W NjC%- augNln [)t 4111 Mason Wafface Park orb tN O 1 �n1O1� Chq�e.4. �o 74 ,gam lake 01 0-1 V a m 0 HBM Hendrick BMW Samon Of C� t Ma��a [1t�pqueSt' 1500M ©2015 MapQuest - Portions ©2015 TomTom I Terms I Privacy 02015 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We males no g uarantee of the accuracy of their content, road conditions or route usability. You assume all risk of use. View Terms of Use Dr'v'ng Vrec 'o is Notes mapq uest Trip to: 7016 E Independence Blvd Charlotte, NC 28227 -9419 13.39 miles / 18 minutes [4534 -4998] N Interstate 77, Charlotte, NC 28269 Download Free App 1. Start out going south on Juniper Dr toward Sunset Blvd. 0.7 Mi 0.7 Mi Total 2. Turn right onto Cindy Ln. 0.6 Mi 1.3 Mi Total 3. Take the 1 st left onto Beatties Ford Rd. 0.9 Mi 2.2 Mi Total 1 4. Merge onto 1-85 N toward Concord. 0.3 Mi 2.5 Mi Total t 5. Merge onto 1 -77 S / US -21 S via EXIT 38 toward Columbia. 1.7 Mi in j 4.3 Mi Total 6. Take the NC -16 /1-277 / Brookshire Frwy eat, EXIT 11. ® Fs&TT--Hi 7. Merge onto NC -16 S / Brookshire Fwy Evia EXIT 11A on the left toward ® 16 Downtown. l easy 18. Merge onto US -74 E/ E Independence Blvd via EXIT 2B on the left toward NC -27 '7- 4 E. 0 9. 7016 E INDEPENDENCE BLVD is on the right. 7016 E Independence Blvd, Charlotte, NC 28227 -9419 a Total Travel Estimate: 13.39 miles - about 18 minutes 0.3 Mi 4.5 Mi Total 2.1 Mi 6.6 Mi Total 6.8 Mi 13.4 Mi Total ©2015 MapQuest, Inc. Use of directions and maps is subject to the MapQuest Terms of Use. We make no guarantee of the accuracy of their content, road conditions or route usability. You assume all risk of use. View Terms of Use Proof o-: O ersh 0 P Special District Account Type PARTNERSHIP 1 Municipality CHARLOTTE Property Use COMMERCIAL 1 Zoning Contact appropriate Planning Department or see Map. Water Quality Buffer Parcel Inside Water Quality Buffer I Yes FEMA and Community Floodplain FEMA Panel# 3710457100K FEMA Panel Date 03/02/2009 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood OUT:VIEW COMMUNITY FLOODPLAIN Zone TO VERIFY Situs Addresses Tied to Parcel 1 6950 E INDEPENDENCE BV CHARLOTTE 16950 E INDEPENDENCE BV CHARLOTTE Ownership Owner Name Mailing Address % J R HENDRICK III 6000 MONROE RD STE 100 CHARLOTTE NC 28212 -6178 HENDRICK AUTOMOTIVE 6000 MONROE RD STE 100 GROUP CHARLOTTE NC 28212 -6178 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 1 07706 -755 03/17/1994 1$0.00 1 1 Site Location ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 19.03 1 Post Construction District 1 Jurisdiction I Charlotte District Central Catawba Stream Watershed Districts Stream Watershed Name I McALPINE 12/11/2014 from Mecklenburq County 09/22/2000 from Mecklenburq County This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Identity Parcel ID GIS ID 19106116 19106116 Property Characteristics Legal desc L1 M22 -123 Land Area 4.033 AC Fire District CITY OF CHARLOTTE Special District Account Type PARTNERSHIP 1 Municipality CHARLOTTE Property Use COMMERCIAL 1 Zoning Contact appropriate Planning Department or see Map. Water Quality Buffer Parcel Inside Water Quality Buffer I Yes FEMA and Community Floodplain FEMA Panel# 3710457100K FEMA Panel Date 03/02/2009 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood OUT:VIEW COMMUNITY FLOODPLAIN Zone TO VERIFY Situs Addresses Tied to Parcel 1 6950 E INDEPENDENCE BV CHARLOTTE 16950 E INDEPENDENCE BV CHARLOTTE Ownership Owner Name Mailing Address % J R HENDRICK III 6000 MONROE RD STE 100 CHARLOTTE NC 28212 -6178 HENDRICK AUTOMOTIVE 6000 MONROE RD STE 100 GROUP CHARLOTTE NC 28212 -6178 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 1 07706 -755 03/17/1994 1$0.00 1 1 Site Location ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 19.03 1 Post Construction District 1 Jurisdiction I Charlotte District Central Catawba Stream Watershed Districts Stream Watershed Name I McALPINE 12/11/2014 from Mecklenburq County 09/22/2000 from Mecklenburq County This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. 09/22/2000 from Mecklenburg Countv This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby noted that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Zoning Contact appropriate Planning Department or see Map Water Quality Buffer Parcel Inside Water Quality Buffer 1 Yes FEM FEMA Panel# FEMA Panel Date FEMA Flood Zone Community Flood Zone A and Community Floodplain 3710457100K 03/02/2009 OUT:VIEW FEMA FLOODPLAIN TO VERIFY OUT:VIEW COMMUNITY FLOODPLAIN TO VERIFY Situs Addresses Tied to Parcel 7016 E INDEPENDENCE BV CHARLOTTE 1 Owner Name C/O HENDRICK AUTOMOTIVE GROUP RENC HB LLC Ownership Mailing Address 6000 MONROE RD CHARLOTTE NC 28212 6000 MONROE RD CHARLOTTE NC 28212 1 Deed Reference(s) and Sale Price 1 1 Deed Sale Date Sale Price 1 126468 -60 06/26/2013 $1,350,000.00 1 110444 -741 05/03/1999 $0.00 1 Site Location 1 1 ETJ Area Charlotte 1 Charlotte Historic District No 1 1 Charlotte 6/30/2011 Annexation Area No 1 1 Census Tract # 19.03 1 Post Construction District 1 Jurisdiction Charlotte 1 District Central Catawba Stream Watershed Districts Stream Watershed Name 1 McALPINE s 12/11/2014 from Mecklenburq County 09/22/2000 from Mecklenburq County This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Identity 1 Parcel ID GIS ID 119106115 19106115 1 Property Characteristics 1 Legal desc NA 1 Land Area 1.37 AC 1 Fire District CITY OF CHARLOTTE 1 Special District 1 Account Type NON -NC CORP 1 Municipality CHARLOTTE Property Use COMMERCIAL Zoning Contact appropriate Planning Department or see Map Water Quality Buffer Parcel Inside Water Quality Buffer 1 Yes FEM FEMA Panel# FEMA Panel Date FEMA Flood Zone Community Flood Zone A and Community Floodplain 3710457100K 03/02/2009 OUT:VIEW FEMA FLOODPLAIN TO VERIFY OUT:VIEW COMMUNITY FLOODPLAIN TO VERIFY Situs Addresses Tied to Parcel 7016 E INDEPENDENCE BV CHARLOTTE 1 Owner Name C/O HENDRICK AUTOMOTIVE GROUP RENC HB LLC Ownership Mailing Address 6000 MONROE RD CHARLOTTE NC 28212 6000 MONROE RD CHARLOTTE NC 28212 1 Deed Reference(s) and Sale Price 1 1 Deed Sale Date Sale Price 1 126468 -60 06/26/2013 $1,350,000.00 1 110444 -741 05/03/1999 $0.00 1 Site Location 1 1 ETJ Area Charlotte 1 Charlotte Historic District No 1 1 Charlotte 6/30/2011 Annexation Area No 1 1 Census Tract # 19.03 1 Post Construction District 1 Jurisdiction Charlotte 1 District Central Catawba Stream Watershed Districts Stream Watershed Name 1 McALPINE s 12/11/2014 from Mecklenburq County 09/22/2000 from Mecklenburq County This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Zoning Contact appropriate Planning Department or see Map. Water Quality Buffer Parcel Inside Water Quality Buffer I Yes FEMA and Community Floodplain FEMA Panel# 3710457100K FEMA Panel Date 03/02/2009 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood OUT:VIEW COMMUNITY FLOODPLAIN Zone TO VERIFY Situs Addresses Tied to Parcel 7030 E INDEPENDENCE BV CHARLOTTE Ownership Owner Name Mailing Address % HILLBILLY PROD MARKET 7024 E INDEPENDENCE BLVD CHARLOTTE NC 28227 -9419 MARSHALL SURFACE 7024 E INDEPENDENCE BLVD CHARLOTTE NC 28227 -9419 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 104781 -282 01/09/1984 1$90,000.00 11 Site Location ETJ Area Charlotte 1 Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 19.03 1 Post Construction District Jurisdiction Charlotte District Central Catawba Stream Watershed Districts Stream Watershed Name I McALPINE 12/11/2014 from Mecklenbura County 09/22/2000 from Mecklenburq County This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Identity Parcel ID GIS ID 19106101 19106101 Property Characteristics Legal desc E INDEP BLVD Land Area 1.25 AC Fire District CITY OF CHARLOTTE Special District Account Type INDIVIDUAL Municipality CHARLOTTE Property Use COMMERCIAL Zoning Contact appropriate Planning Department or see Map. Water Quality Buffer Parcel Inside Water Quality Buffer I Yes FEMA and Community Floodplain FEMA Panel# 3710457100K FEMA Panel Date 03/02/2009 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood OUT:VIEW COMMUNITY FLOODPLAIN Zone TO VERIFY Situs Addresses Tied to Parcel 7030 E INDEPENDENCE BV CHARLOTTE Ownership Owner Name Mailing Address % HILLBILLY PROD MARKET 7024 E INDEPENDENCE BLVD CHARLOTTE NC 28227 -9419 MARSHALL SURFACE 7024 E INDEPENDENCE BLVD CHARLOTTE NC 28227 -9419 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 104781 -282 01/09/1984 1$90,000.00 11 Site Location ETJ Area Charlotte 1 Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 19.03 1 Post Construction District Jurisdiction Charlotte District Central Catawba Stream Watershed Districts Stream Watershed Name I McALPINE 12/11/2014 from Mecklenbura County 09/22/2000 from Mecklenburq County This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. 35° 10' 1" N 35° 4 51"N ;Web Soil Survey Map 523300 523340 523380 523420 523460 523500 3 Map Scale: 1:1,600 if printed on A portrait (8.5' x 11 ") sheet. S Meters N 0 20 40 80 120 r. # 0 50 100 200 300 A Map proJecbon: Web Mercator Comer aoordirla6es: WGS84 Edge tics: UTM Zone 17N WGS84 USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Q5 35° ld 1" N ryS E 0 N f� M V N M O M 35° 9 SI" N 523540 3 Page 1 of 3 MAP LEGEND Area of Interest (AOQ Spoil Area Area of Interest (AOI) Solis ® Very Stony Spot Soil Map Unit Polygons .�,. Soil Map Unit Lines Other Soil Map Unit Points Special Point Features V Blowout Transportation Borrow Pit X Clay Spot - Closed Depression US Routes Gravel Pit Major Roads Gravelly Spot Local Roads Landfill A. Lava Flow Aerial Photography Marsh or swamp Mine or Quarry 0 Miscellaneous Water O Perennial Water Rock Outcrop + Saline Spot Sandy Spot ,ry Severely Eroded Spot Sinkhole Slide or Slip oe Sodic Spot Soil Map — Mecklenburg County, North Carolina g Spoil Area a Stony Spot ® Very Stony Spot Wet Spot ' Other Special Line Features Water Features Streams and Canals Transportation Rails ti Interstate Highways US Routes Major Roads Local Roads Background . Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: hftp : / /websoilsurvey.nres.usda.gov Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal -area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA -NRCS certified data as of the version date(s) listed below. Soil Survey Area: Mecklenburg County, North Carolina Survey Area Data: Version 14, Sep 10, 2014 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Feb 11, 2011 —Feb 13, 2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. usDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map — Mecklenburg County, North Carolina Map Unit Legend Mecklenburg County, North Carolina (NC119) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CeB2 Cecil sandy clay loam, 2 to 8 4.9 75.4% percent slopes, moderately eroded CeD2 Cecil sandy clay loam, 8 to 15 0.9 13.4% percent slopes, moderately eroded Ur Urban land 0.7 11.2% Totals for Area of Interest 6.5 100.0% USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Page 3 of 3 NWI Map t� il!NIAN11 Iw ilt MF N1'X 1 U.S. Fish and Wildlife Service National Wetlands Invents This map Is for general reference only. The US Fish and Wildlife Service Is not responsible for the accuracy or currentness of the base data shown on this map. All wetlands related data should be used In accordance with the layer metadata found on the Wetlands Mapper web site. User Remarks: Wetlands - freshwater C„egeit I resnwater rxettew5nrun - Estianne and Marine Ceepwater E suanne and marine - Frcahwatcr Pand - Lase - Rimine - Dther Polaris 3G Map — Mecklenburg County, North Carolina FEMA Ma p ice,` k 0- I 0 ,reekwood. - bu o1ru m X FN 11111111 Shit TT 7 A4, W, 0 0.0375'.075 6\-15 mil . nss S L-L This map or report is prepared for the inventory of real property within ecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. stream ciass---ca, -on NC DENR - DIVISON OF WATER QUALITY 2B .0300 .0308 CATAWBA RIVER BASIN Class Name of Stream Description Class Date Index No. Little Sugar Creek From source to North C 09/01/74 11 -137 -8 Carolina -South Carolina State Line Dairy Branch From source to Little Sugar C 09/01/74 11- 137 -8 -1 Creek Brier Creek From source to Little Sugar C 08/01/85 11- 137 -8 -2 Creek Edwards Branch From source to Brier Creek C 03/01/77 11- 137 -8 -2 -1 Little Hope Creek From source to Little Sugar C 08/01/85 11- 137 -8 -3 r-1, McAlpine Creek (Waverly From source to North C 09/01/74 11 -137 -9 Lake) Carolina -South Carolina State Line Campbell Creek From source to McAlpine C 09/01/74 11- 137 -9 -1 Creek Irvins Creek (McEwen Lake) From source to McAlpine C 09/01/74 11- 137 -9 -2 Creek Lake Windermere and Chillis Entire lakes and connecting C 09/01/74 11- 137 -9 -3 Lake streams to McAlpine Creek Fourmile Creek From source to McAlpine C 09/01/74 11- 137 -9 -4 Creek Rocky Branch From source to Fourmile C 09/01/74 11- 137 -9 -4 -1 Creek Lake Providence Entire lake and connecting C 09/01/74 11- 137- 9 -4 -1 -1 stream to Rocky Branch McMullen Creek From source to McAlpine C 08/01/85 11- 137 -9 -5 Creek Steele Creek From source to North C 09/01/74 11- 137 -10 Carolina -South Carolina State Line Walker Branch From source to Steele Creek C 09/01/74 11- 137 -10 -1 Polk Ditch From source to Walker Branch C 09/01/74 11- 137- 10 -1 -1 Blankmanship Branch From source to North C 09/01/74 11- 137 -10 -2 Carolina -South Carolina State Line Clems Branch From source to North C 09/01/74 11- 137 -11 Carolina -South Carolina State Line Twelvemile Creek From source to North C 03/01/62 11 -138 Carolina -South Carolina State Line West Fork Twelvemile Creek From source to Twelvemile C 09/01/74 11 -138 -1 Creeek Culvert Branch From source to West Fork C 09/01/74 11- 138 -1 -1 Twelvemile Creek Mundys Run From source to West Fork C 09/01/74 11- 138 -1 -2 Twelvemile Creek Page 38 of 40 2013 -12 -09 10:46:19 The National Map NOTES: Data available from U.S. Geological Survey, National Geospatial Program. Hydrography Flow Map Il Open in The National Map Viewer p4A NI s at -, rdi% 's �fFak s is 0: lj4'q 'I ;fit l4 Aardis Patio 12- `j�iliu�ol 11 +1111 -t O%ndr(�k ka-%- e-ik :') k 14, rte `'lcn od 7. . 1 IYO\ R till toll ella ell 04, ry %I fff ...... ... '11-0 4il till,, 1�- all (loll 1 1 1 Cr Celli 41 1 1 $4, 1111 f 0 14 11,4 it 11 11111- 1'1'1,111: Sta k I soll t"ood% rVIA i-A We 4) 16 1411 114'!a,� Il Open in The National Map Viewer p4A NI s at -, rdi% 's �fFak s is 0: lj4'q 'I ;fit l4 Aardis Patio 12- `j�iliu�ol 11 +1111 -t O%ndr(�k ka-%- e-ik :') k 14, rte `'lcn od i - - -- - -- _ _ -- RPVtr U-r 10 IMILAj�in meek USACE AID# DWQ # Site (mdicate on attac e�i d map) STREAM QUALITY ASSESSMENT WORKSHEET _ �- Provide the following information for the stream reach under assessment: 1. Applicant's name: HBM Hendrick BMW 3. Date of evaluation: 4 -30 -2015 5. Name of stream: UT to McAlpine Creek 7. Approximate drainage area: +/- 30 acres 9. Length of reach evaluated: 175 Total Length +/- 86o' 11. Site coordinates (if known): prefer in decimal degrees. Latitude (ex. 34.872312): 35.165579 2. Evaluator's name: .1 Robertson 4. Time of evaluation: 3:30 pm 6. River basin: Catawba River Basin 8. Stream order: ist order 10. County: Mecklenburg 12. Subdivision name (if any): commercial development Longitude (ex. - 77.556611): - 80-742329 Method location determined (circle): GPS Tcpo Sh.;et Ottho (Aerial) Photo/GIS Other G .S Other Google Earth 13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location): only jurisdictional drainage feature on the property, in between a paved parking lot and a pad building pad 14. Proposed channel work (if any): culvert 15. Recent weather conditions: Spring rains. 16. Site conditions at time of visit: Clear, sunny. 75 degrees F during site evaluation. 17. Identify any special waterway classifications known: _Section 10 _Tidal Waters _Essential Fisheries Habitat _Trout Waters _Outstanding Resource Waters _ Nutrient Sensitive Waters _Water Supply Watershed (I -IV) 18. Is there a pond or lake located upstream of the evaluation point? YES 111K If yes, estimate the water surface area: 19. Does channel appear on USGS quad map? )VS NO 20. Does channel appear on USDA Soil Survey? VS NO 21. Estimated watershed land use: 35 % Residential 60 % Commercial % Industrial % Agricultural 5 % Forested % Cleared / Logged % Other ( TOTAL 100 22. Bankfull width: 6' 23. Bank height (from bed to top of bank): 3' 24. Channel slope down center of stream: _Flat (0 to 2 %) _Gentle (2 to 4 %) ✓ Moderate (4 to 10 %) _Steep (> 10 %) 25. Channel sinuosity: V Straight _Occasional bends _Frequent meander _Very sinuous _Braided channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 33 Comments: perennial (p -RPW) Evaluator's Signature i "Ziw'' Date May 5, 2015 This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919 - 876 -8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET * These characteristics are not assessed in coastal streams. # CHARACTERISTICS ECOREGION POINT RANGE SCORE Coastal Piedmont Mountain 1 Presence of flow / persistent pools in stream 0-5 0 - 4 0-5 3 (no flow or saturation = 0; strong flow = max points) 2 Evidence of past human alteration 0-6 0- 5 0-5 0 (extensive alteration = 0; no alteration = max points) 3 Riparian zone 0-6 0-4 0-5 2 (no buffer = 0; contiguous, wide buffer = max points) 4 Evidence of nutrient or chemical discharges 0-5 0-4 0-4 2 (extensive discharges = 0; no discharges = max points) .4 5 Groundwater discharge 0-3 0-4 0-4 d (no discharge = 0; springs, seeps, wetlands, etc. = max points) 6 Presence of adjacent floodplain 0 -4 0 -4 0 - -2 O (no floodplain = 0; extensive floodplain = max points) 0. 7 Entrenchment / floodplain access 0-5 0-4 0-2 0 (deeply entrenched = 0; frequent flooding = max points) 8 Presence of adjacent wetlands 0-6 0- 4 0--2 0 (no wetlands = 0; large adjacent wetlands = max points) 9 Channel sinuosity 0-5 0-4 0-3 0 (extensive channelization = 0; natural meander = max points) 10 Sediment input 0-5 0-4 0--4 2 (extensive deposition= 0; little or no sediment = max points) 1 1 Size & diversity of channel bed substrate NA* 0-4 0 - 5 2 (fine, homogenous = 0; large, diverse sizes = max points) 12 Evidence of channel incision or widening 0-5 0 - 4 0 -- 5 0 >I (deeply incised = 0; stable bed & banks = max points) 'F-" 13 Presence of major bank failures 0-5 0 - 5 0- 5 3 (severe erosion = 0; no erosion, stable banks = max points) dRoot 14 depth and density on banks 0 -3 0 -4 0- 5 3 F, (no visible roots = 0; dense roots throughout = max points) 15 Impact by agriculture, livestock, or timber production 0 0 0 (substantial impact =0; no evidence = max points) -5 -4 -5 2 16 Presence of riffle- pool/ripple -pool complexes 0 -3 0 -5 0 -6 3 (no riffles/ripples or pools = 0; well - developed = max points F 17 Habitat complexity 0 -6 0 -6 0 - -6 1 F (little or no habitat = 0; frequent, varied habitats = max points) Q 18 Canopy coverage over streambed 0 -5 - 0 5 0 -5 2 (no shading vegetation = 0; continuous canopy = max points) 19 Substrate embeddedness NA* 0-4 0-4 2 (deeply embedded = 0; loose structure = max) 20 Presence of stream invertebrates (see page 4) 0-4 0 - 5 0-5 2 (no evidence = 0; common, numerous types = max points) 21 Presence of amphibians 0-4 0-4 0-4 2 C (no evidence = 0; common, numerous types = max points) O 22 Presence of fish 0- 4 0 4 0- 4 p FZ (no evidence = 0; common, numerous types = max points) 23 Evidence of wildlife use 0-6 0-5 0- 5 1 (no evidence = 0; abundant evidence = max points) Total Points Possible 100 100 100 TOTAL SCORE (also enter on first page) 33 * These characteristics are not assessed in coastal streams. NC DWQ Stream Identification Form Version 4.11 Date: 4 -30 -2015 Project/Site:HBM Hendrick BMW Latitude: 35•i65579 Evaluator:J Robertson county: Mecklenburg Longitude:- 80.742329 Total Points: Stream is least intermittent 30 Stream Determination (circle one) Other Mint Hill at if 2 19 or perennial if L> 30` Ephemeral Intermittent PeWAnial 7 e.g. Quad Name: A. Geomorphology (Subtotal = 15 ) Absent Weak Moderate Strong 1 a. Continuity of channel bed and bank 0 1 2 3 3 2. Sinuosity of channel along thalweg 0 1 2 3 0 3. In- channel structure: ex. riffle -pool, step -pool, 0 1 2 3 ripple -pool sequence 2 4. Particle size of stream substrate 0 1 2 3 2 5. Active /relict floodplain 0 1 2 3 0 6. Depositional bars or benches 0 1 2 3 1 7. Recent alluvial deposits 0 1 2 3 1 8. Headcuts 0 1 2 3 3 9. Grade control 0 0.5 1 1.5 1.5 10. Natural valley 0 0.5 1 1.5 1.5 11. Second or greater order channel No = 0 Yes = 3 O a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 8 } 12. Presence of Baseflow 0 1 2 3 2 13. Iron oxidizing bacteria 0 1 2 3 0 14. Leaf litter 1.5 1 0.5 0 1 15. Sediment on plants or debris 0 0.5 1 1.5 1 16. Organic debris lines or piles 0 0.5 1 1.5 1 17. Soil -based evidence of high water table? No = 0 Yes = 3 3 C. Biology (Subtotal = 7 _ 1 18. Fibrous roots in streambed 3 2 1 0 2 19. Rooted upland plants in streambed 3 2 1 0 3 20. Macrobenthos (note diversity and abundance) 0 1 2 3 1 21. Aquatic Mollusks 0 1 2 3 O 22. Fish 0 0.5 1 1.5 O 23. Crayfish 0 0.5 1 1.5 1 .5 24. Amphibians 0 0.5 1 1.5 .5 25. Algae 0 0.5 1 1.5 0 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 O 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: I Sketch: WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Region Project/Site: HBM Hendrick BMW City /County: Mecklenburg County Sampling Date: 4-30-2015 ApplicanttOwner: HAG RE CDT, LLC / Gene Cocchi State: NC Sampling Point: Upland Investigator(s): J Robertson J MCSwain Section, Township, Range: Charlotte Landform (hillslope, terrace, etc.): hillslope Local relief (concave, convex, none): flat Slope ( %): 5 Subregion (LRR or MLRA): LRR P Lat: 35•i65579 Long: -80.742329 Datum: WGS 84 Soil Map Unit Name: Cecil NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes _ ✓ No (If no, explain in Remarks.) Are Vegetation Soil. or Hydrology significantly disturbed? no Are "Normal Circumstances" present? Yes No ✓ Are Vegetation Soil. or Hydrology. . naturally problematic? no (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Remarks: Upland WL Type p Yes No ✓ Yes No ✓ Yes No_ WL Series 24 HR Weather Clear, sunny. 75 degrees F during site visit. Recent Weather Recent rain. Normal rainfall. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required: check all that aooly) Surface Water (At) High Water Table (A2) Saturation (A3) Water Marks (131) Sediment Deposits (132) Drift Deposits (133) Algal Mat or Crust (134) Iron Deposits (135) Inundation Visible on Aerial Imagery (137) _ Water- Stained Leaves (139) - Aquatic Fauna (1313) Field Observations: Is the Sampled Area within a Wetland? True Aquatic Plants (1314) Hydrogen Sulfide Odor (Cl) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Yes Appx. Acreage No ✓ Secondary Indicators (minimum of two required) Surface Soil Cracks (136) Sparsely Vegetated Concave Surface (138) Drainage Patterns (1310) Moss Trim Lines (1316) Dry- Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Stunted or Stressed Plants (D1) Geomorphic Position (D2) Shallow Aquitard (133) Microtopographic Relief (D4) FAC- Neutral Test (D5) Surface Water Present? Yes No ✓ Depth (inches): Water Table Present? Yes No ✓ Depth (inches): Saturation Present? Yes No ✓ Depth (inches): Wetland Hydrology Present? Yes (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: These parcels are existing car dealerships and a farmer's market. No V US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 EMH &T -tool = Total Cover Prevalence Index worksheet: HBM Hendrick BMW VEGETATION (Five Strata) - Use scientific names of plants. Total % Cover of: MultiDIv by: Sampling Point: Upland 30 Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. Liriodendron tulipfera 20 Y FACU That Are OBL, FACW, or FAC: 1 (A) 2. Quercus rubra 20 Y FACU UPL species 0 x 5 = 0 3. Prunus serotina 20 Y FACU Total Number Dominant 6 Species Across s All Strata: (B) 4. Prevalence Index = B/A = 2.67 Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 16.7 (A/B) 6. of total cover: ❑ 2 - Dominance Test is >50% 20 50% of total cover: SaDlina Stratum (Plot size: 15' ) 1. Acer rubrum 2. Cornus florida 3. Liquidambar stvraciflua 4. 5. 6. 50% of total cover: Shrub Stratum (Plot size: WI boundary t 1. Elaeaanus anaustifolia 2. Rosa multiflora 3. 4. 5. 6. 50% of total cover: Herb Stratum (Plot size: 5 ) 1. no herbs 2. 3. 4. 5. 6, 7. 8. 9. 10. 11. 50% of total cover: Woody Vine Stratum (Plot size: 30' ) 1. no woody vines 2. 3. 4. 5. 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 0 = Total Cover Definitions of Five Vegetation Strata: 20% of total cover: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). 50 = Total Cover 20% of total cover: = Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non - woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine - All woody vines, regardless of height. Hydrophytic Vegetation ✓ Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 = Total Cover Prevalence Index worksheet: Total % Cover of: MultiDIv by: _ 20% of total cover: OBL species 0 x 1 = 0 20 Y FAC FACW species 0 x 2= 0 20 Y FACU FAC species 1 x 3= 3 5 N FAC FACU species 5 x 4= 20 UPL species 0 x 5 = 0 Column Totals: 6 (A) 23 (B) Prevalence Index = B/A = 2.67 = Total Cover Hydrophytic Vegetation Indicators: ❑ 1 - Rapid Test for Hydrophytic Vegetation _ 20% of total cover: ❑ 2 - Dominance Test is >50% 20 Y FACU ❑ 3 - Prevalence Index is 53.0' 2 N FACU ❑ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) ❑ Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 0 = Total Cover Definitions of Five Vegetation Strata: 20% of total cover: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). 50 = Total Cover 20% of total cover: = Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non - woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine - All woody vines, regardless of height. Hydrophytic Vegetation ✓ Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 EMH &T -tool SOIL HBM Hendrick BMW Sampling Point: Upland Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features _ Coast Prairie Redox (A16) (inches) Color (moist) % Color (moist) % Type, Loc` Texture Remarks 0 -6 10 YR 5 /6 90 10 YR 5 /6 10 C M loam 6 -18 10 YR 7 /4 85 10 YR 4 /4 15 RM M loam 'Type: C= Concentration, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. Hydric Sol[ Indicators: _ Histosol (Al) Histic Epipedon (A2) _ Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) _ 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) 2Location: PL =Pore Lining, M= Matrix. Indicators for Problematic Hydric Soils': Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) Depleted Matrix (F3) (MLRA 136, 147) Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) Depleted Dark Surface (F7) Other (Explain in Remarks) Redox Depressions (F8) Iron- Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 136, 122) Piedmont Floodplain Soils (F19) (MLRA 148) - Red Parent Material (F21) (MLRA 127, 147) Restrictive Layer (If observed): Type: Depth (inches): Remarks: 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No ✓ US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section W of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: HBM Hendrick BMW, E Independence Blvd, UT to McAlpine Creek State:NC County /parish/borough: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Lat. 35.165579° N, Long. - 80.742329° W. Universal Transverse Mercator: WGS 84 Name of nearest waterbody: McAlpine Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River Name of watershed or Hydrologic Unit Code (HUC): 03050103 -0107 ® Check if map /diagram of review area and/or potential jurisdictional areas is /are available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 4/30/2015 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ❑ Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t ❑ TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs ❑ Non -RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: 8601inear feet: 6 width (fl) and/or 0.12 acres. Wetlands: none acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known):unknown. 2. Non- regulated waters /wetlands (check if applicable):3 ❑ Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III. F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section IILD.1.; otherwise, see Section IILB below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 500 acres Drainage area: 30 acres Average annual rainfall: 42 inches Average annual snowfall: 4 inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ® Tributary flows through 3 tributaries before entering TNW. Project waters are 25 -30 river miles from TNW. Project waters are 1 (or less) river miles from RPW. Project waters are 15 -20 aerial (straight) miles from TNW. Project waters are 1 (or less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: the project is not located along the North Carolina state border. Identify flow route to TNW5: UT to McAlpine Creek to Sugar Creek to Catawba River. Tributary stream order, if known: first. ' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that analv): Tributary is: ❑ Natural ❑ Artificial (man- made). Explain: ® Manipulated (man- altered). Explain: straightened. Tributary properties with respect to top of bank (estimate): Average width: 6 feet Average depth: 3 feet Average side slopes: Vertical (1:1 or less). Primary tributary substrate composition (check all that apply): ® Silts ® Sands ® Concrete ❑ Cobbles ❑ Gravel ❑ Muck ® Bedrock ❑ Vegetation. Type /% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: urban stream. Presence of run/riffle /pool complexes. Explain: weak. Tributary geometry: Relatively straight Tributary gradient (approximate average slope): 2 -4 % (c) Flow: Tributary provides for: Seasonal flow Estimate average number of flow events in review area/year: 20 (or greater) Describe flow regime: heavier during and after storm events, perennial. Other information on duration and volume: Surface flow is: Confined. Characteristics: Subsurface flow: Unknown. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ® destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ® scour ❑ sediment deposition ® multiple observed or predicted flow events ❑ water staining ® abrupt change in plant community ❑ other (list): El Discontinuous OHWM.7 Explain: . If factors other than the OHWM were used to determ ❑ High Tide Line indicated by: ❑ ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings /characteristics ❑ tidal gauges ❑ other (list): ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ❑ survey to available datum; ❑ physical markings; ❑ vegetation lines /changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: water is clear. Identify specific pollutants, if known: none known. 'A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ® Riparian corridor. Characteristics (type, average width): early successional. ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish /spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic /wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non -TNW that flow directly or, indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationshin with Non -TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiacencv Determination with Non -TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationshin) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type /percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish /spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic /wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:Significant nexus is present in the form of the unnamed tributary to McAlpine Creek. 2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section 111.13: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet width (ft), Or, acres. ❑ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that tributary is perennial: stream characteristics, multiple observations. ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 860 linear feet6width (ft). ❑ Other non - wetland waters: acres. Identify type(s) of waters: Non -RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non - wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale indicating that tributary is perennial in Section ❑I.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters. As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA- STATES WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):lo ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Fallowing Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet width (ft). ❑ Other non - wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ❑ Non - wetland waters (i.e., rivers, streams): linear feet width (ft). ❑ Lakes/ponds: acres. ❑ Other non - wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑ Non - wetland waters (i.e., rivers, streams): linear feet, width (ft). ❑ Lakes/ponds: acres. ❑ Other non - wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets /delineation report. ❑ Office does not concur with data sheets /delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas:Mint Hill. ® USGS NHD data. ® USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name:Mint Hill. ® USDA Natural Resources Conservation Service Soil Survey. Citation:Web Soil Survey. ® National wetlands inventory map(s). Cite name:NWI wetlands mapper. ❑ State /Local wetland inventory map(s): ® FEMA/FIRM maps:FEMA NFHL GIS overlay. ❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): or ® Other (Name & Date):Site visit photos (4/30/2015). ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable /supporting case law: ❑ Applicable /supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: HBM Hendrick BMW - Site Photographs Photo is Looking downstream near culvert Photo 2: Looking upstream mid reach Photo 3: Looking downstream at downstream existing culvert Photo 4: Looking upstream mid reach Photo 5: Upper reach Photo 6: Upper reach looking upstream Photo 7: Upper existing culvert looking upstream Jennifer Robertson From: Smith, Brendan <bmsmith @ci.charlotte.nc.us> Sent Friday, May 29, 2015 4:21 PM To: Icard, Jeremy Subject RE: HBM Hendrick BMW Expansion: Stormwater Design / USACE Jeremy, City of Charlotte Engineering will review all City- ordinance required stormwater detention for compliance with applicable City ordinances and regulations, and provide design approval for the project. Thanks Brendan Brendan M. Smith City of Charlotte I Engineering & Property Management I Land Development Division 600 E. 4m St I Charlotte, NC 28277 1 704 - 336 -4556 1 htto: / /development.charmeck.orq. Hendrick Automotive Group, EMH &T East Independence Boulevard, Charlotte, Mecklenburg County, North Carolina Desktop Review Summary (Federal Listed Species) Summary of Database Searches and Desktop Review for Federal T &E Species -the project is located on the Mint Hill topoquadrangle -a two mile radius from the approximate center of the project overlaps onto the Charlotte East topoquadrangle to the west - Carolina heelsplitter (Losmigona decorata), an endangered species; Smooth coneflower (Echinacea laevigata), an endangered species; Schweinitz's sunflower (Helianthus schweinitzii), an endangered species; and Michaux's sumac (Rhus michauxii), an endangered species all occur within Mecklenburg County -there are two known mapped element occurrence within a two mile radius of the approximate center of the project according to the North Carolina Natural Heritage Program (NHP) GIS files as of February 2, 2015; there are historic populations of Tall Larkspur (Delphinium exaltatum), a historic federal species of concern (last observed more than 50 years ago) and Eastern Creekshell (Villosa vaughaniona), a current federal species of concern - Eastern Creekshell occurs in Irvins Creek which is a tributary to McAlpine Creek, the subject property contains a drainage that is an unnamed tributary to McAlpine Creek upstream of the confluence of Irvins Creek with McAlpine Creek, no Eastern Creekshells have been documented from McAlpine Creek in the vicinity of the project area -the project area is mostly already developed as existing vehicle dealership lots Recommendation -the completed database searches and summary above should be sufficient for any Waters of the US permitting needs related to Condition 18 of Nationwide Permit 39 Map 1. Hendrick Auto Group, NC NHP Element Occurrences, Two Mile Radius Two Mile Radius z r r,. r Tall Larkspur Federal Species of Concern K Historic Element Occurrence;z • Project Location c:. Charlotte East I Mint Hill Eastern Creekshell Federal Species of Concern Current Element Occurrence Table 1. Hendrick Auto Group, Element Occurrences within Two Mile Radius EO ID # E EO Status E EO Svmboloey E EO Identification from NHP F Table 2. Mecklenburg County, Fish and Wildlife Service Database Search Results, January 26, 2015 Group IName IPopulation Istatus Clams Carolina heelsplitter (Lasmigona decorata) Entire Endangered Flowering Plants Smooth coneflower (Echinacea laevigata) Endangered Flowering Plants Schweinitz's sunflower (Helianthus schweinitzii) Endangered Flowering Plants Michaux's sumac (Rhus michauxii) Endangered Lead Office Asheville Ecological Services Field Office Raleigh Ecological Services Field Office Asheville Ecological Services Field Office Raleigh Ecological Services Field Office Recovery Plan Name Carolina Heelsplitter Smooth Coneflower Schweinitz's Sunflower Michaux's Sumac Recovery Plan Stage Final Final Final Final Table 3. Charlotte East Topoquadrangle NC NHP Database Search Results, February 3, 2015 STATE IFEDERAL STATE GLOBAL TOPO MAP TAXONOMIC GROUP SCIENTIFIC NAME COMMON NAME STATUS ISTATUS RANK RANK IHABITATCOMMENT TOPO MAP STATUS Vascular Plant Cirsium carolinianum Carolina Thistle E S2 G5 forests and disturbed areas, mostly on basic soils Charlotte East Historical Animal Assemblage Colonial Wading Bird Colony S3 G5 Charlotte East Current Vascular Plant Delphinium exaltatum Tall Larkspur E FSC S2 G3 grassy balds, glades, woodlands, mostly over mafic rock Charlotte East Historical Moss Dichelyma capillaceum Hair Claw Moss SR -P Si? G5 lbases of trees, stumps, or on rocks in places submerged at high water Charlotte East Historical Vascular Plant Echinacea pallida Pale Coneflower SR -D 51 G4 mafic glades and barrens Charlotte East Historical cliffs (for nesting); coastal ponds and mudflats (for foraging in winter) [nesting Bird Falco peregrinus Peregrine Falcon E S1B,S2N G4 evidence; regular wintering sites) Charlotte East Current roosts in Spanish moss and other thick vegetation near water, often in longleaf pine Mammal Lasiurus intermedius Northern Yellow Bat SC 51 G4G5 habitats Charlotte East Current Catawba and Pee Dee drainages (endemic to this area in North Carolina and Freshwater Bivalve Lasmigona decorata Carolina Heelsplitter E E 51 G1 adjacent South Carolina) Charlotte East Historical Bird Nyctanassa violacea Yellow- crowned Night -Heron SR 52B G5 inland swamps; woods or thickets on maritime islands [breeding sites only] Charlotte East Current Table 4. Mint HIII Topogtwdrangle NC NHP Database Search Results, February 3, 2%,,5 ST'A'TE FEDERAL STATE GLUBAL M9 19 IC GROUP SS��T��fISJIIj ME _ . _ COMMON f'IAJV(E STATUS STATUS RANK (RANK HABITAT 4 ME�j ITp� MAP ITOPQ �prp STATUS Oj 45lnt9F4n he er ��lj'�1 /apt- trefoil MZ_ -V P S _ 0 IG3 p� n woo s over c av soils. roadsides Mint Hill �stor¢al j -'- �j( °y' F� .!a ;cu(ar (�nJ D�P;Jum SnA�jpfurn __ _ _ _ _ _ - fall Larkspur E — C � grassy bolds, glades, woodlands, mostly over mafi� r9Zk �Jnj IjJJJ I$jPJjcal �I go� 91113 ftk yatuss nlOP .. _. lP 1 j �yIY�r (v(i /nt HIII �Ccturrent urrent �rA/RrUll' %ty Dry OA-Hickory (Pied t Subtype) 4 q dragonfly or Damselfly atus spine- crowned Clubtail 53 G4 r _ N�int HIII £ Crested Coralroot 5R -P ( �,�5 Yl# or mesic woods on ba;;ojls Mint Hill �rfvlesic Mixed Hardwood Forest (Piedmont Subtype) g I( 3 'y,`,��� "j ryj� rfr,�t ity Piedmont Alluvial Forest 4 � � _ Mint Hill ;)6scure mafic cliffs, dry coniferous woodlands, and associated nutrient -rich Jascular Plant .Primula meadi� _ _ _ _ _opP�pg -star T - _ir53�5 #�J�yial forests Mint M `isjp�iS�� reshwater Bivalve Villosa delumbis astern Creekshell sR 3 4 Cape Fear, Lumber, Yadkin - -Pee Dee, and Catawba drainages Oint Hill _urrent Cape Fear, Yadkin -Pee Dee, and Catawba drainages (endemic to ! Freshwater Bivalve Villosa vaughaniana Carolina Creekshell E FSC S2 G2 North Carolina and adjacent South Carolina) Mint Hill Current DMS ILF Mitigation Request Statement of Compliance with §143- 214.11 & 143 - 214.20 (link to G.S. 143 - 214.11) Prior to accessing the Division of Mitigation Services (DMS), all applicants must demonstrate compliance with G.S. § 143 - 214.11 and 143 - 214.20. All requests MUST include this form signed and dated by the permit applicant or an authorized agent. Please refer to DENR's Implementation Policy for more details. Compliance Statement: I have read and understand G.S. § 143 - 214.11 and 214.20 and have, to the best of my knowledge, complied with the requirements. I understand that participation in the DMS is voluntary and subject to approval by permitting agencies. Please check all that apply: Applicant is a Federal or State Government Entity or a unit of local government meeting the requirements set forth in G.S. 143 - 214.11 and is not required to purchase credits from a mitigation bank. ® There are no listed mitigation banks with the credit type I need located in the hydrologic unit where this impact will take place (link to DWR list) Mitigation bank(s) in the hydrologic unit where the impacts will occur have been contacted and credits are not currently available. p The DWR or the Corps of Engineers did not approve of the use of a mitigation bank for the required compensatory mitigation for this project. 0 This is a renewal request and the permit application is under review. Bank credits were not available at the time the application was submitted. Enter date permit application was submitted for review: Note: It is the applicant's responsibility to document any inquiries made to private mitigation banks regarding credit availability. JLR I have read and understand the DMS refund policies (attachedl Initial here Signature of Applicant or Agent June 8, 2015 Date HBM Hendrick BMW Project Name Jennifer L Robertson Printed Name Charlotte, North Carolina Location DIVISION OF MITIGATION SERVICES (DMS) IN -LIEU FEE REQUEST FORM Revised 4/23/2015 Complete requested information, sign and date, email to kellv.williams(cDncdenr.gov . Attachments are acceptable for clarification purposes (location map, address or lat long is required). Information submitted is subject to NC Public Records Law and may be requested by third_parties_ Review meetings are held on Tuesday afternoons. - -- - - - - -- --------------- r------------------------------------- - - - - -- CONTACT INFORMATION APPLICANT'S AGENT APPLICANT ----------------------- - - - - -- - - -------- i-------------------------------------------- i--------------------------------- --- -- ----- i 1. Business /Company Name Atlas Environmental, Inc. HAG RE CDT, LLC 2. Contact Person Jennifer L Robertson Gene Cocchi F-------------------------------------- - - - - -i -------------------------------------- - - - - -i -------------------------------------- - - - - -i 3. Street Address or P O Box 712 English Tudor Lane 6000 Monroe Road, Suite 100 -------------------------------------- - - - - -i -------------------------------------- - - - - -i -------------------------------------- - - - - -i 4. City, State, Zip Charlotte, NC 28211 Charlotte, NC 28212 E-------------------------------------------+-------------------------------------------+-------------------------------------- - - - - - i 5. Telephone Number 980 - 819 -7780 704 - 566 -3208 E------------------------------------------- i------------------------------------- - - - - -- -------------------------------------- - - - - -i 6. E -Mail Address jobertson@atlasenvi.com gene.cocchi @hendrickauto.com ------------------------------------------ -------------------------------------------- INFORMATION --------------------------------------------------- - - - - -r ------------------------------------------------------------- - - - - -� 7. Project Name :HBM Hendrick BMW 8. Project Location (nearest town, city) ;Charlotte, North Carolina r________________________________________________________ r----------------'----'--"-- __- -____-_-___-_-____________-_ , 9. Lat -Long Coordinates or attach a map :35.165579 / - 80.742329 10. County ;Mecklenburg 11. River Basin & Cataloging Unit (8- digit) :Catawba / 03050103 (See Note 1) ; 12. Project Type " *indicate owner type and ; Owner Type: Q Government Private write in project type (e.g. school, church, retail, residential, apartments, road, utilities, military, Project Type: automobile dealership etc.)** r 13. Riparian Wetland Impact (ac.) (e.g., 0.13) r 0 acre 14. Non - Riparian Wetland Impact (ac.) 0 acre 15. Coastal Marsh Impact (ac.) 0 acre Warm Cool Cold i 16. Stream Impact (ft.) (e.g. 1,234) ------------------------ ------------------- - - - - -- ------------------- - - - - -i 175 0 0 17. Riparian Buffer Impact (sq. ft.) Include subwatershed if Jordan or Falls Lake: Zone 1: ;Zone 2: 0 0 r________________________________________________________ r_____________________________________________ ______________________________, 18. Regulatory Agency Staff Contacts NCDW R: USACE: William Elliott ; Other: Alan Johnson F- - -- - - -- - i - a Check (�I) below if this request is for a: By signing below, the applicant is confirming they have revision to a current acceptance ; read and understand the DMS refund policy posted at nceep.net and attached to this form. renewal of an expired acceptance Signature of Applicant or Authorized Agent: extension of unexpired acceptance June 8, 2015 Date: = -----------------------------------------------------'------------------------------------------------------------------- - - - - -- ' Note 1: For help in determining the Cataloging Unit, visit:www.nceep.net or contact DMS Direct questions to Kelly Williams at 919 - 707 -8915 or kellv.williams cDncdenr.aov or to the front desk at 919 - 707 -8976 Refund Policy for Fees Paid to DMS In -Lieu Fee Programs (9/21/2009) Purpose: The purpose of this policy is to make clear the circumstances and process under which a permittee can obtain a refund while simultaneously balancing customer service and responsible business practices. This policy applies to all refund requests made on or after the publication date of this policy. Policy Statement: The policy of DMS is to allow for refunds under certain conditions. 1. All refund requests must be made in writing to the DMS In -Lieu Fee Program Coordinator at keliv.williamsencdenr.gov. 2. All refund requests are subject to fund availability. DMS does not guarantee fund availability for any request. 3. The request must either come from the entity that made the payment or from an authorized agent. Third parties requesting refunds must provide written authorization from the entity that made the payment specifying the name and address of the authorized refund recipient. 4. Refund requests related to unintended overpayments, typographical errors or incorrect invoices should be brought the attention of the In -Lieu Fee Program Coordinator as soon as possible. Such requests are typically approved without delay. 5. Payments made under the incremental payment procedure are not eligible for refunds. 6. Refund requests made within nine months of payment to DMS will only be considered for requests associated with projects that have been terminated or modified where the permittee's mitigation requirements have been reduced. Such requests must be accompanied by written verification from the permitting agency that the project has been cancelled, the permits have been rescinded or have been modified, or the mitigation requirements have been reduced. 7. Refund requests made more than nine months from the payment date will only be considered for permits that were terminated or modified to not require any mitigation. Such requests must be accompanied by written verification from the permitting agency that the project has been cancelled, the permits have been rescinded and/or mitigation is no longer required. 8. Refund requests not meeting the criteria specified above are not eligible for a refund. 9. Refund requests that meet the criteria above will be elevated to DMS Senior Management for review. The following considerations apply to all refund requests: a. availability of funds after consideration of all existing project and regulatory obligations b. the date the payment was made c. the likelihood DMS can use the mitigation procured using the payment to meet other mitigation requirements 10. Once a refund has been approved, the refund recipient must provide a completed W -9 form to the DMS In -Lieu fee Program Coordinator within two weeks in order to process the refund though the State Controller's Office. 11. All decisions shall be final. y��i �#ONMENTAL AGENT AUTHORIZATION FORM U.S. Army Corps of Engineers, Wilmington District Attn: Mr. Scott McLendon, Chief, Regulatory Division PO Box 1890 Wilmington, North Carolina 28402 -1890 -and - NC Division of Water Resources, Water Quality Program Wetlands, Buffers, Streams — Compliance and Permitting Unit Attn: Mrs. Karen Higgins, Supervisor 1617 Mail Service Center Raleigh, North Carolina 27699 -1650 I, the current landowner, lessee, contract holder to purchase, or right to purchase holder of the property identified below, hereby authorize Atlas Environmental Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Federal and State agents are authorized to be on said property when accompanied by Atlas Environmental Inc staff. Atlas Environmental Inc is authorized to provide supplemental information needed for delineation approval and /or permit processing at the request of the Corps or WQP. Project Name: Property Owner of Record: Contact Name: Address: Address: HBM Hendrick BMW HAG RE CDT, LLC Gene Cocchi 6000 Monroe Rd., Ste. 100 Charlotte, NC 28212 Phone /Fax Number: 704.566.3208/704.566.3306 Email Address: gene.cocchi @hendrickauto.com Project Address: 7016 E. Indepe4e Blvd. Project Address: Charlotte, / 19 5 91061 1 1910/1 Tax PIN: , Signature: �i X Date: ATLAS Environmental Inc. 712 English Tudor Lane Charlotte, Norm Carolina 28211 704- 512 -1206 (m) / 828 - 712 -9205 (m) / 980 - 819 -7780 (o) / 980 -819 -7876 (0 jrobertson@atiasenvi.com www.atlasenvi.com VEcEnEty Map Notes mapquest This map doesn't contain any items. �o +o' city View Or CL �� V A. 'Nalt� YVa'ha� � S� U., %ilr, -augNln `c -o Fa a w O Q S �Qi N id Rd Lake Ot "i- a HBM Hendrick BMW 'Samon a Mason Wallace s Park \1b rStty �� a Ma�A -o Fa a w O Q S �Qi N id Rd Lake Ot "i- a HBM Hendrick BMW 'Samon a 01 12000ft I ,_ "'aP Ot'1 500m ,"0 ©2015 MapQuost - Portions ©2015 TomTom I Terms I Privacy ©2015 MapQuest, Inc. Use of directions and maps is subject to the M apQuest Terms of Use. We males no guarantee of the accuracyof their content, road conditions or route usability You assume all riskof use. View Terms of Use � s \1b �� a Ma�A 01 12000ft I ,_ "'aP Ot'1 500m ,"0 ©2015 MapQuost - Portions ©2015 TomTom I Terms I Privacy ©2015 MapQuest, Inc. Use of directions and maps is subject to the M apQuest Terms of Use. We males no guarantee of the accuracyof their content, road conditions or route usability You assume all riskof use. View Terms of Use 35° 10' 1" N 35° 9' S1" N ,Web Soil Survey Map M O O O n a r9i v rn M rn NS 0 M 523300 523340 523380 523420 523460 523500 523540 3 3 Map Sole: 1:1,600 if prinked on A porh-at (8.5'x 11 ") sheet N 0 20 40 80 1 Meters A rut 0 50 100 200 300 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGSM USDA' Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Page 1 of 3 35° 10A N 35° 9'51"N MAP LEGEND Area of Interest (AOQ Area of Interest (AOI) Soils U Soil Map Unit Polygons Soil Map Unit Lines Soil Map Unit Points Special Point Features V Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit Gravelly Spot 0 Landfill A- Lava Flow Marsh or swamp Mine or Quarry 0 Miscellaneous Water O Perennial Water Rock Outcrop + Saline Spot Sandy Spot ,pry. Severely Eroded Spot Sinkhole Slide or Slip 0o Sodic Spot Soil Map — Mecklenburg County, North Carolina Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation F-*+ Rails Interstate Highways US Routes Major Roads Local Roads Background . Aerial Photography MAP INFORMATION The soil surveys that comprise your AOI were mapped at 1:24,000 Warning: Soil Map may not be valid at this scale Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: http : / /websoilsurvey.nres.usda.gov Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal -area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the USDA -NRCS certified data as of the version date(s) listed below. Soil Survey Area: Mecklenburg County, North Carolina Survey Area Data: Version 14, Sep 10, 2014 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Feb 11, 2011 —Feb 13, 2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map — Mecklenburg County, North Carolina Map Unit Legend Mecklenburg County, North Carolina (NC119) Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CeB2 Cecil sandy clay loam, 2 to 8 4.9 75.4% percent slopes, moderately eroded CeD2 Cecil sandy clay loam, 8 to 15 0.9 13.4% percent slopes, moderately eroded Ur Urban land 0.7 11.2% Totals for Area of Interest 6.5 100.0% usDA Natural Resources Web Soil Survey �� Conservation Service National Cooperative Soil Survey Page 3 of 3