HomeMy WebLinkAbout20061851 Ver 1_Public Notice_20070226o6 - 193 C-5 1
Lowe's Motor Speedway
Site Improvements
Concord, Cabarrus
North Carolina
Individual Permit Report
And
Supporting Documentation
Prepared For:
Mr. Bob Rourke
Speedway Motorsports
P.O. Box 600
Concord, NC 28026
Prepared By:
Leonard S. Rindner, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
(704) 904-2277
Date: November 18, 2006
1
o6-I9'sI
MPUBLIC NOTICE
US Army Corps
Of Engineers
Wilmington District
Issue Date: February 23, 2007
Comment Deadline: March 26, 2007
Corps Action ID #: SAW -2007-667-313
The Wilmington District, Corps of Engineers (Corps) has received an application from
Speedway Motorsports, Attn: Mr. James Wesley Harris, seeking Department of the Army
authorization to impact 1.38 acres of wetland and 2942 linear feet of stream channel in and
adjacent to unnamed tributaries of Mallard Creek and Rocky River associated with the
construction of storm water management facilities, expansion of parking areas and the relocation
of a concession area at the Lowes Motor Speedway in Concord, Cabarrus County, North
Carolina.
Specific plans and location information are described below and shown on the attached plans.
This Public Notice and all attached plans are also available on the Wilmington District Web Site
at www.saw.usace.army.mil/wetlands
Applicant: Speedway Motorsports
PP PO Box 600 p
Concord, North Carolina 28206
AGENT (if applicable): Leonard S. Rindner, PWS
3714 Spokeshave Lane '00100
Matthews, North Carolina 28105
Authority
The Corps will evaluate this application and a decide whether to issue, conditionally issue, or
deny the proposed work pursuant to applicable procedures of Section 404 of the Clean Water Act
(33 U.S.C. 1344).
Location
The proposed project is located at the site of the existing Lowes Motor Speedway west of
Concord at the intersection of US Highway 29 (Concord Parkway South) and SR 1300
(Morehead Road). Two impact sites are proposed on unnamed tributaries to the Rocky River
that forms part of the western boundary of the property and one impact site is on an unnamed
tributary of Mallard Creek that lies to the south. The project is in west central Cabarrus County
at approximately 35.3530 degrees north latitude and 80.6823 degrees west longitude and is in the
Yadkin River Basin, Hydrologic Unit 03040105.
Existing Site Conditions
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The Lowes Motor Speedway facilities occupy a total of 1329 acres. These facilities include the
main speedway/grandstand/administrative complex, a dirt track facility, a concessions/vendor
parking area, numerous recreational vehicle/camper parking areas as well as paved and unpaved
vehicle parking areas. US Highway 29, Morehead Road and Speedway Boulevard currently
bisect the facilities. Pedestrians and pedestrian trams must cross US 29 and Morehead Road to
access gates to the main racetrack and an existing concession area. Two small, unnamed,
perennial streams and two intermittent channels drain the majority of the site. These steams
currently originate as storm water outfalls from under the dirt track and the main racetrack and
drain to the Rocky River or to Mallard Creek. Four small forested/scrub shrub wetlands ranging
in size from 0.02 to 0.71 acres exist adjacent to these streams.
Applicant's Stated Purpose
The purpose of the proposed work is to relocate the concessions/vendor parking area, expand
vehicle parking, construct new administrative/seryice facilities and implement a storm water
management plan per State and local storm water management requirements.
Project Description
The applicant proposes to discharge dredged or fill material into a total of 1.38 acres of wetland,
2345 linear feet of perennial channel and 597 linear feet of intermittent channel at three
locations. Site 1 is located on an existing intermittent channel to the east of the dirt track facility.
Approximately 0.40 acres of wetland and 330 linear feet of stream channel will be filled to create
a 0.64 -acre storm water detention wetland and 800 to 1000 additional vehicle parking spaces.
Site 2 is located on an existing perennial channel to the east of the main racetrack.
Approximately 0.71 acres of forested/scrub shrub wetland and 295 linear feet of stream channel
will be filled for the construction of 1300 additional vehicle parking spaces and parking service
offices. Plans show the construction of a 6.2 -acre, extended storm water wetland downstream of
the parking area that will impact approximately 750 linear feet of stream channel. Site 3 is
located on two upper perennial channels to the south of the main racetrack and Morehead Road.
The applicant proposes to relocate a portion of Morehead Road approximately 900 to 1000 feet
to the southwest in order to construct a new concession area to replace the existing concession
area north of US Highway 29. The proposed work will impact 267 linear feet of intermittent
channel, 800 linear feet of perennial channel and 0.27 acres of a forested, headwater seep
wetland. Site grading will also create an additional 800 to 1000 vehicle parking spaces. A 4.0 -
acre storm water detention wetland will be constructed on the eastern channel impacting
approximately 500 linear feet of stream channel. Approximately 70 percent of the created
detention areas will be planted with herbaceous marsh. The applicant proposes to mitigate for
wetland and stream channel impacts through payment to the NC Ecosystem Enhancement
Program. Plans showing the proposed work are included with this public notice.
2
Other Required Authorizations
This notice and all applicable application materials are being forwarded to the appropriate State
agencies for review. The Corps will generally not make a final permit decision until the North
Carolina Division of Water Quality (NCDWQ) issues, denies, or waives State certification
required by Section 401 of the Clean Water Act (PL 92-500). The receipt of the application and
this public notice combined with appropriate application fee at the North Carolina Division of
Water Quality central office in Raleigh will constitute initial receipt of an application for a 401
Water Quality Certification. A waiver will be deemed to occur if the NCDWQ fails to act on
this request for certification within sixty days of the date of the receipt of this notice in the
NCDWQ Central Office. Additional information regarding the Clean Water Act certification
may be reviewed at the NCDWQ Central Office, 401 Oversight and Express Permits Unit, 2321
Crabtree Boulevard, Raleigh, North Carolina 27604-2260. All persons desiring to make
comments regarding the application for certification under Section 401 of the Clean Water Act
should do so in writing delivered to the North Carolina Division of Water Quality (NCDWQ),
2321 Crabtree Boulevard, Raleigh, North Carolina 27604-2260 Attention: Ms Cyndi Karoly by
March 26, 2007.
Cultural Resources
The Corps has consulted the latest published version of the National Register of Historic Places
and is not aware that any registered properties, or properties listed as being eligible for inclusion
therein are located within the project area or will be affected by the proposed work. Presently,
unknown archeological, scientific, prehistoric, or historical data may be located within the
project area and/or could be affected by the proposed work.
Endangered Species
The Corps has reviewed the project area, examined all information provided by the applicant and
consulted the latest North Carolina Natural Heritage Database. Based on available information,
the Corps has determined pursuant to the Endangered Species Act of 1973, that the proposed
project will have no effect on federally listed endangered or threatened species or their formally
designated critical habitat.
Evaluation
The decision whether to issue a permit will be based on an evaluation of the probable impacts,
including cumulative impacts, of the proposed activity on the public interest. That decision will
reflect the national concern for both protection and utilization of important resources. The
benefit which reasonably may be expected to accrue from the proposal must be balanced against
its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be
considered including the cumulative effects thereof; among those are conservation, economics,
aesthetics, general environmental concerns, wetlands, historic properties, fish and wildlife
values, flood hazards, flood plain values (in accordance with Executive Order 11988), land use,
navigation, shoreline erosion and accretion, recreation, water supply and conservation, water
quality, energy needs, safety, food and fiber production, mineral needs, considerations of
3
property ownership, and, in general, the needs and welfare of the people. For activities involving
the discharge of dredged or fill materials in waters of the United States, the evaluation of the
impact of the activity on the public interest will include application of the Environmental
Protection Agency's 404(b)(1) guidelines.
Commenting Information
The Corps of Engineers is soliciting comments from the public; Federal, State and local agencies
and officials, including any consolidate State Viewpoint or written position of the Governor;
Indian Tribes and other interested parties in order to consider and evaluate the impacts of this
proposed activity. Any comments received will be considered by the Corps of Engineers to
determine whether to issue, modify, condition or deny a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic properties, water
quality, general environmental effects and the other public interest factors listed above.
Comments are used in the preparation of an Environmental Assessment (EA) and/or an
Environmental Impact Statement (EIS) pursuant to the National Environmental Policy Act
(NEPA). Comments are also used to determine the need for a public hearing and to determine
the overall public interest of the proposed activity.
Any person may request, in writing, within the comment period specified in this notice, that a
public hearing be held to consider the application. Requests for public hearings shall state, with
particularity, the reasons for holding a public hearing. Requests for a public hearing shall be
granted, unless the District Engineer determines that the issues raised are insubstantial or there is
otherwise no valid interest to be served by a hearing.
Written comments pertinent to the proposed work, as outlined above, will be received by the
Corps of Engineers, Wilmington District, until 5pm, March 26, 2007. Comments should be
submitted to Mr. Steven Lund, US Army Corps of Engineers, Asheville Regulatory Field Office,
151 Patton Avenue, Room 208, Asheville, NC 28801-5006.
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EXISTING CONCESSION AREA TO BE RELOCATED
MINIMIZE PEDESTRIAN/NC HWY CROSSING CONFLICT
PROVIDE PARKING AND STORMWATER '%
TREATMENT
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RELOCATE CONCESSION AREA HERE
RELOCATE MOREHEAD ROAD AWAY FROM SPEEDWAY
IMPROVE SAFE PEDESTRIAN ACCESS EGRESS
• CREATE SPACE FOR CONCESSION AREA
TOTAL SITE ARFA = 1329 AC
PROJECT 1- POND 1- DRAINAGE AREA = 26.6 AC _
PROJECT 2 - POND 2 - DRAINAGE AREA = 258.8 AC
PROJECT 3 - POND 3 - DRAINAGE AREA = 100.0 AC
PROJECT 3 - POND 4 - DRAINAGE AREA = 20 AC
TOTAL TREATED AREA - PROJECTS 1-3 = 406.7 AC
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CONCEPTUAL
CONCEPTUAL SITE PLAN OBJECTIVES
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TOTAL SITE AREA =
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PROJECT 2 - POND 2 - DRAINAGE AREA = 258.8 AC
PROJECT 3 - POND 3 - DRAINAGE AREA = 100.0 AC
PROJECT 3 - POND 4 - DRAINAGE AREA = 21.3 AC
TOTAL TREATED AREA - PROJECTS 1-3 . = 406.7 AC
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APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 011u-uvua
(33 CFR 325) 1 Expires December 31, 2004
The Public burden for this collection of information is *estimated to average 10 hours per response, although the majority of applications trouro require
5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of
information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information
Operations and Reports. 1216 Jefferson Davis Highway, Suite 1204, Arlington. VA 22202-4302; and to the Office of Management and Budget,
Paperwork Reduction Project (0710-00031, Washington. DC 20603. Respondents should be aware that notwithstanding any other provision of law,
no person shelf be subject to any penalty for failing to comply with a collection of information If it does not display a currently valid OMB control
number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having
PRIVACY ACT STATEMENT
Authorities; Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and
Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a
permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies.
Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit
be issued.
One set of original drawings or good reproducible copies which show the io ter of the propose activity mutt be attached to this
application Isee sample drawings and instructions) and be submitted to the I location of the proposed
sctivity. An application that is rot completed in full will be returned.
1. APPLICATION NO. 2. FIELD OFFICE CODEI 111 E RECEIVED DEC 12006 11t. APPLICATION COMPLETED
rrrrouc gyro nu/ rn arkll I Fes" sumo =Afi T I V..f I -
5. APPLICANT'S NAME
AUTHORIZED AGENT'S NAME AND TILE len @pent is not required)
6. APPLICANT'S ADDRESS
9. AGENT'S ADDRES�,
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7. APPLICANT'S PHONE NOS. W/AREA CODE
10. AGENT'S PHONE NOS. W/AREA CODE
a. Residence
a. Residence
b. Business -7O- '
b. Business 70'4f qO `I '7i2-�1
1 1 STATEMENT OF AUTHORIZATION
I hereby authorise, to act in my behalf as my agent in the processing of this application and to
furnish, upon request, supplemental information in support of this permit application.
APPLICANT'S SIGNA
NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NA..MMEI OR TITLE (seeftwuc6ons,
13. NAME OF WATERBODY, IFKNOWN afapokebb) 14. PROJECT STREET ADDRESS GJ epp)ic@b/e)
UT nr- In s -I�,. O� Us 2-'� �Z-d
15. LOCATION OF PROJECT
C" hal'r''J 4
COUNTY
N
STATE
(�v,. leuec�at S e' -E 4—acfi't-� ►'had".
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, tse inancrions) f
17. DIRECTIONS TO THE SITE
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JulENG FORM 4345, EDITION OF FEB 94 IS OBSOLETE. (Proponent: CECW-OR)
18. Nature of Activity (oesaiWon o/ r+roimt• indude ae few --W)
a-� cl w Yh ray rY\P -ice
o m � �;lc vJ i �I I r �' � � rr � C
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19. Project Purpose rhe reason or purpose or me Proper, see insnucriorel �M'��i `lT
�fo C-e4LA-\ 77 Ct7�Iori C1rz_ti- , QlUC (rry'� ��[.� .�:� �lcM Q jlvrrJ� �G. I J �Y�V (lJ�� �LCr•( rC� �l-� ��
NSI n 14
USE BLOCKS 20-22 IF DREDGED ANDJOR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge 1 are �� v, 1 f� .� m(L �
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M � �
SI Ce. ire ;nver+n� � �E<<,h�e� �� I�C�I,��- (r�rc.iev�^� � � / 4iy��,Ipt SE'✓yl��
CAA\ WS i G�let�S tertou� (�i 5-i✓IC�Iyr` i l��t re -mss �GI � j (� Q.✓�4� (��a( m��
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards
22. Surface Area in Acres of Wetlands or Other Waters illad iseeins{recri�`
ro
p� ry w l L9, 3` 7 ir� S� cgrA� l� .
23. Is Any Portion of the Work Already Complete? Yes No --Z IF YES, DESCRIBE THE COMPLETED WORK
24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here,
please attach a supplemental list). I
0G I
j7�v
25. List of Other Certifications or Approvals/Denials Received from other Federal, State or Local Agencies for Work Described in This Application.
Ar•Cwvv Tvac eaaRnVAI - IDFNTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
"Would include but is not restricted to zoning, building ana Ti000 pram permiss
26. Application is hereby made for a permit or permits to authorize the work
application is complete and accurate. I further certify that I possess the
duly authorized agent of the applicant.
SIGNATURE OF APPLICANT
DATE // SIGNATURE OF AGENT
ertify that the information in this
described herein or am acting as the
/ ///3 A
DATE
The application must be signed by the person who desires to underta# the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
16 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing some to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
LEONARD S RINDNER, PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wetland Scientist Matthews, NC 28105
Land Planning (704) 904-2277
November 18, 2006
Mr. Steve Lund
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Ms. Cyndi Karoly
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Mr. Alan Johnson
NCDENR - Division of Water Quality
610 East Center Street, Suite 301
Mooresville, NC 28115
Re: Lowe's Motor Speedway — Site Improvements - + 1,329 Acres Site Concord, Cabarrus Coun
North Carolina
Dear Madame and Sir:
On behalf of my client, Mr. Bob Rourke of Speedway Motorsports, I am providing you with the following
information concerning the proposed site improvements for Lowe's Motor Speedway in Concord, North
Carolina. Lowe's Motor Speedway is one of the largest sports facilities in the United States. Approximately
250,000 to 300,000 people from all over the United States attend each of the major NASCAR racing events.
Speedway Motorsports and Lowe's Motor Speedway have a tremendous economic impact in .the region and
North Carolina. The proposed improvements are necessary to facilitate tourism and related functions,
expansion of large contiguous areas of parking areas, provide services, and to implement comprehensive
stormwater management improvements which include approximately 11 acres of extended stormwater
detention wetlands.
BACKGROUND
Speedway Motorsports is applying for a Department of the Army Permit to discharge fill material into an
unnamed tributaries and wetlands of Rocky River (Water Classification C) in the Yadkin River basin to
relocate the large concession area from the north side of US Highway 29 to adjacent to the Speedway; to
improve safe access and egress into and out of the stadium by eliminating a major constriction; expand
parking areas for approximately 3,300 cars; provide tourism and related administrative services; and
construct stormwater management facilities. The project includes stormwater treatment for approximately
406 acres of essentially untreated existing development, including the Speedway itself. As a scale
reference, the infield of the Speedway itself is larger than a shopping mall. The developer has initiated
review with the United States Army Corps of Engineers (Ms. Amanda Jones) and the North Carolina
Department of Environment and Natural Resources (Mr. John Dorney) prior to this submittal and has
responded to initial comments regarding avoidance, minimization, mitigation requirements and stormwater
treatment requirements.
2
The project site is for the most part previously graded and developed consisting of the Lowe's Motor
Speedway, parking areas, and other supportive facilities. Based on a field survey the proposed activity will
not affect species, or their critical habitat, designated as endangered or threatened pursuant to the
Endangered Species Act of 1973. The project is for the most part previously developed and graded.
According to the latest published version of the National Register of Historic Places for the presence or
absence of registered properties, or properties listed as being eligible for inclusion therein, this site is not
registered property or property listed as being eligible for inclusion in the Register.
The compensatory mitigation proposal involves an "in lieu payment to the North Carolina Ecosystem
Enhancement Program for approximately 2,345 linear feet of perennial stream impacts and approximately
1.25 acres or riparian wetland impacts. The proposed comprehensive stormwater water management plan
includes treatment of stormwater runoff within the drainage basins affected by the proposed stream and
wetland impacts, which includes approximately 426 acres. Currently there are virtually no significant
stormwater treatment devices for Lowe's Motor Speedway and existing surrounding parking areas,
including the race track and infield. The proposed plan includes a comprehensive stormwater management
plan to treat stormwater runoff in accordance with requirements for projects within I mile of the Rocky
River, which is a 303d listed stream. Because the project involves large areas of contiguous parking, with
consideration of maintenance issues related to the way the parking facilities are utilized by race fans,
regional extended stormwater wetlands facilities are the proposed stormwater treatment facilities. In
general, the parking areas are used for "tailgating" as well as overnight camping and cooking, often for
several weeks.
The requested permit has considered an evaluation of the probable and cumulative impacts and its intended
use on the public interest. Based on a comprehensive analysis we believe that this proposal complies with
the Environmental Protection Agencies' 404(b)(1) guidelines. The economic benefits of this project have
been balanced by a mitigation plan to minimize and balance the environmental consequences. The proposal
reflects the national concern for both the protection and utilization of important resources. Relevant factors
included in the proposal include general environmental concerns, wetlands, cultural values, fish and wildlife
values, land use, water quality, considerations of property ownership, and in general, the needs and welfare
of the people.
SUMMARY OF WATERS OF THE U.S.
Methodology
Preliminary identification and delineation of the Jurisdictional Waters on the site were determined
according to the Corps of Engineers Wetland Delineation Manual, Technical Report Y-87-1, 1987, with
Appendices. Preliminary data gathering included review and interpretation of topographic maps; USDA
Soil Conservation Survey; aerial photographs, and preliminary site visits to selected areas. Then the Routine
On -Site Determination Method was utilized to determine the upper boundary of the wetlands.
General Wetland Classification and Description
The wetlands on this site can be described as Palustrine Forested Broad and Scrub Shrub — Broad Leaved
Temporarily Flooded. They have formed in perched water table conditions, in flat to nearly level areas
adjacent to the streams. Other wetlands have formed in former disturbed detention facilities. According to
Natural Resource Conservation Service, Technical Guide -Section II -A-2, June 1991, Chewacla soils are
listed as Map Units with inclusions of Hydric Soils in Cabarrus County.
Vegetative Communities
A vast majority of the unpaved areas of the site include grass parking. The existing grass is primarily
Bermuda. The wetland areas and areas adjacent to existing streams areas are primarily are generally
forested. All the wetlands and streams are disturbed in various degrees as a result of runoff from existing
parking and other developed areas. 3
Bottomland HardwoodlHeadwater Forest
The headwater wetland areas on this site have developed in the flat to nearly level drainage ways and
depressions. Species which occur in these areas Green Ash, Sweetgum, Red Maple, and other typical
species that tolerate these wet and shallow root conditions. Common understory trees and shrubs include
silky dogwood, willow and alder. Woody vines include poison ivy, and greenbriar. The herbaceous layer is
variable based on exposure to light. Species include sedge and rush species, jewelweed, and others.
Open Field(other than grass parking)
This includes all non -wetland areas dominated by herbaceous plants, such as the cleared right of ways and
other disturbed and cleared areas. These have been periodically mowed and are dominated by pasture
grasses and perennial herbs including broomsedge, goldenrod, and bush clover. Other areas have been
undisturbed for longer and are in transition to dominant species such as blackberry, greenbriar, redcedar,
pines, and saplings.
Mixed Forest
The non -wetland forested areas of the site are dominated by mixed forest. The Mixed Forest is
characterized by a mixture of canopy species of pines and hardwoods. Small areas within these forest areas
may have a predominance of pine or hardwoods. Pines include shortleaf pine, Virginia pine, and loblolly
pine, with eastern redcedar. Hardwoods include pine, sweetgum, red maple, red oak, white oak, tulip poplar,
hickory, and other common species. The subcanopy contains saplings and seedlings of canopy species.
Other subcanopy species include black cherry, holly, dogwood, elm, and privet. Woody vines common in
the understory include poison ivy, muscadine grape, honeysuckle, and other herbaceous and woody species.
Hydrophytic Vegetation has been identified according to the National List of Plant Species That Occur in
Wetlands: Southeast (Re ig on 2), US Department of the Interior, Fish and Wildlife Service.
Hydric Soils
None of the soils are listed as Hydric according to the National List of Hydric Soils, 1991, however
inclusions of hydric soils occur within Chewacla (Ch) soils in depressions and level drainage ways. Hydric
soils are defined as soils that are saturated, flooded, or ponded long enough during the growing season to
develop anaerobic conditions in the upper part.
Hydrology
Water Classification - C
The unnamed tributaries of Rocky River is part of the Yadkin River Basin and currently classified a Class C
- aquatic life propagation and survival, fishing, wildlife, secondary recreation, and agriculture. Wetland
hydrology is provided by a surface runoff, overbank flooding, seeps, and springs over a clayey subsoil.
Jurisdictional Waters of the U.S. and Description
1) Wetland (PFOIA, PSS1A, PEM1C) + 1.38 acres
2) Rocky River and Mallard Creek (+/- 4,000 If) + 2.75 acres
2) Perennial Stream (4,842 If) + 0.69 acres
3) Intermittent Stream (1,281 If) + 0.02 acres
Total Jurisdictional Waters* + 4.84 acres
4
NO PRACTICABLE ALTERNATIVE/AVOIDANCE ANALYSIS
As stated earlier, approximately 200,000 to 300,000 people attend the major NASCAR events at the Lowe's
Motor Speedway. In order to provide safe access to the large concession areas by relocating Morehead
Road; minimize vehicle/pedestrian conflicts; facilitate safe access and egress from the racetrack for race
fans by eliminating a major constriction; provide parking for 3,300 cars (10,000 to 15,000 race fans);
develop service and administrative buildings, and to implement the proposed comprehensive stormwater
management plan, large contiguous areas must be graded.
Reduction of scope was also not considered feasible for the development of the Subject Property. The
streams and wetland that are proposed to be impacted are in central areas of the site, leaving potentially
available upland areas difficult to access without substantial retaining walls. In order to avoid the streams
and wetlands, the site would have to be divided into separate and disjointed parking areas on opposite sides
of the stream. Additionally the stream beds and wetlands are much lower than the proposed finished grades
based on engineering requirements (30' to 40' or more). In order to function safely, the slope across parking
areas should not exceed 5%. To accomplish this and leave the stream bed undisturbed is impracticable. If
the stream were to be saved, it would be located within deep ravines. Retaining walls would have to be
located on either side of the stream to make up the grade difference of 30 to 40 feet from the bottom of the
stream bed to the proposed finished elevation of the parking areas. In addition, this would create a very
unsafe condition, considering the festival atmosphere that is taking place during the days leading up to the
race and race day itself.
In order to stay below the Individual Permit threshold of 300 linear feet +/- 5,000 linear feet of retaining
walls would have to be constructed. If the average height of the walls was 35 feet, the retaining walls would
cost approximately $5,000,000 at a unit price of $25/square foot not including footings. These conditions
would cause the objectives of the project to be significantly reduced and not feasible. The Speedway would
not be able to relocate the concession area adjacent to the Lowe's Motor Speedway to minimize vehicle and
pedestrian conflicts crossing US Highway 29; or provide the required services and parking for its
customers, and eliminate a very unsafe pedestrian egress and ingress constriction caused by the proximity of
Morehead Road to the Lowe's Motor Speedway. The existing parking areas adjacent to the Speedway are
over sealed landfill. In order to properly engineer the approximately 7 acre extended stormwater wetland to
capture 258 acres of currently untreated stormwater runoff, including the Speedway itself, it must be in the
location depicted on the plans. Locating the stormwater facility offline would conflict with the sealed
landfill. In addition, the sealed landfill does not lend itself to structural foundations necessary to construct
buildings.
To minimize and mitigate for the proposed impacts a comprehensive stormwater management plan has been
developed to treat the most utilized areas of the Lowe's Motor Speedway project area. Approximately 406
acres previously untreated stormwater, including the Lowe's Motor speedway itself, will be treated by
approximately 11 acres of extended stormwater wetlands. In addition, mitigation for stream and wetland
impacts is proposed to be an "in lieu fee" payment to the NCEEP for 2,345 linear feet of stream and 1.25
acres of wetlands.
PROPOSED IMPACTS, MINIMIZATION and MITIGATION
Proposed Impacts - Jurisdictional Waters of the U.S.
1) Wetland (PFOIA, PSS1A, PEM1C) + 1.38 acres
2) Rocky River and Mallard Creek (+/- 4,000 lf) + 0.00 acres
2) Perennial Stream (2,345 If) + 0.32 acres
3) Intermittent Stream (597 If) + 0.05 acres
Total Jurisdictional Waters* + 1.75 acres
A mitigation plan is proposed for a "no net loss" of stream habitat, value, and function to the extent feasible
on this site. Due to the economic, engineering, and spatial requirements of a development of this
magnitude, large contiguous areas must be graded for building pads and parking. However the following
Best Management Practices will be employed to minimize impacts to Jurisdictional Waters. These will
include:
a) Siltation Barriers; Sediment Traps and Diversion Ditches
b) Barricades to define construction limits
C) Methods to prevent short term impacts will be inspected regularly and maintained during
construction of the project.
d) Project construction will strictly adhere to an approved Sedimentation and Erosion Control Plan.
Best Management Practices will include utilizing siltation trapping ponds and other erosion
control structures where appropriate. Impacts from hazardous materials and other toxins to fish
and aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters.
e) As required by the 401 Water Quality Certification conditions, measures will be taken to prevent
"live" or fresh concrete from coming into contact with waters until the concrete has hardened.
The developers are committed to creating an environmentally responsible proiect. Minimization and
mitigation measures were developed based on discussions with the USACE, NCDENR. The plan and
commitments made in this report reflect a positive response to the preliminary discussions, determinations,
and concerns of the regulatory agencies. Except for temporary construction and development impacts, we
believe that the proposed project with the proposed mitigation will not cause significant cumulative impacts
to the ecological functions or values of Jurisdictional Waters of the United States.
MITIGATION PLAN
The mitigation plan is proposed to minimize the loss of stream habitat and wetland habitat. The project will
also meet State and Local stormwater management requirements.
Stream and Wetland Mitigation
To meet restoration mitigation requirements for stream and wetland impacts by grading, the developer is
proposing to contribute a substantial "in lieu fee" to the North Carolina Ecosytem Enhancement Program.
Mitigation is proposed for 2,345 linear feet of stream impacts and 1.25 acres of wetland impacts.
STORMWA TER MANAGEMENT
A Stormwater Management Plan will be designed and implemented for the project to meet the 401 Water
Quality Certification requirements. Stormwater runoff from impervious surfaces has the potential to degrade
water quality in all types of waters. The Stormwater Management Plan will include facilities that will
attenuate the first inch of runoff over a 24-hour period from approximately 406 acres of the site. Water will
be released over a 2 to 5 day period. Discharge velocity of the outclass will be less than 5 cfs. The
stormwater management facilities will meet or exceed the requirements in NCDENR Stormwater Best
Management Practices, April 1999.
The Storm water Management Plan will also include extended detention stormwater wetlands:
Summary
- Within the area required to serve as an Extended Detention Wetland the permanent pool of water will be
sized as closely as possible using the Table 1.1 in the Stormwater Best Management Practices, NCDENR,
April, 1999.
- Requirement of the detention of the runoff from the 1" storm for a period of 2 to 5 days.
- Area will include a forebay
- 70% of the area required will be designed as a marsh with a depth of 0 - 18", with an equal distribution of
area between 0" to 9" and 9" to 18". A small pool area (15% of the required surface area) will be located
near the outlet. - It is expected that herbaceous and scrub/shrub wetland species will rapidly volunteer in
the area. Many of the recommended species currently exist in the area to be utilized for this function.
Supplemental plantings will be selected from Table I1.2 in the Stormwater Best Management Practices,
NCDENR, April, 1999 based on actual field conditions.
Emergent Zone/Aquatic Schedule
Use of Existing Hydric Soil, if available
Soil from the existing wetland areas that have permitted for impacts will be stripped and stored as feasible
for utilization in lining the proposed wetland site. Other topsoil adjacent to the wetlands may also be
suitable. Using these existing soils should hasten the development of vegetated cover and hydric soil
conditions. This is also an excellent use of an important natural resource. Many of the recommended
planted species currently exist in the vicinity of the area to be utilized for this function. The majority of the
species in the wetlands include Obligate (OBL) and Facultative Wet (FACW) vegetation. Herbaceous plant
species present include Softrush (Juncus effusus), sedge (Carex spp.), Duck potato (Sagitaria latifolia,
Arrow arum (Peltandra virginia), Common Three -Square (Scirpus pungens), Touch-me-not (Impatiens
capensis), Smartweed (Polygonum spp.), and others. Supplemental plantings will be selected from Table
II.2 in the Storm water Best Management Practices, NCDENR, April, 1999 based on actual field
conditions, if required. Being that the site is in the vicinity of other wetlands and floodplain areas it is
expected that the area will benefit from the natural seed sources available. It is expected that herbaceous
and scrub/shrub wetland species will rapidly volunteer in the area.
Botanical Name Common Name Size Notes
Rushes/Sedges*
Juncus effusus Smooth Needle Rush 2 yr. peat pot 3' O/C.
Scirp. americanus Common Three Square 2 yr. peat pot 3' O/C.
Acoris calamus Sweet Flag 2 yr. peat pot 3' O/C.
* Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may
vary based on availability, cost, and aesthetic objectives. Equal proportions shall be utilized. Final layout of
clusters to be field determined based on final surface and ponding conditions.
Shallow Water Plants*
Peltandra virginica
Arrow Arum
2 yr. peat pot
3' O/C.
Sagitaria latifolia
Duck Potato
2 yr. peat pot
3' O/C.
Saururus cernus
Lizard's Tail
2 yr. peat pot
3' O/C.
Nuphar luteum
Spatterdock
2 yr. peat pot
3' O/C.
* Planting shall be in naturalistic / random clumps to encourage diversity. Size at planting and variety may
vary based on availability, cost, and aesthetic objectives. Equal proportions shall be utilized. Final layout of
clusters to be field determined based on final surface and ponding conditions. Herbaceous species will be
planted in 25 to 50 cm diameter clusters at a density of 1000 clusters per acre or will be seeded with a
wetland seed mix at a rate which will result in coverage of at least 100 stems per square meter upon
germination. Survival rates of seeding, roots, and/or individual plants will be explored for each species
selected based on availability, site specific data, and cost factors.
THREATENED AND ENDANGERED SPECIES
Federally listed plant and animal species with endangered or threatened status are protected under the
Endangered Species Act of 1973. The US Fish and Wildlife Service has identified two endangered species -
Schweinitz's sunflower (Helianthus schweinitzii), and the Carolina heelsplitter (Lasmigona decorata).
Schweinitz's sunflower thrives in full sun characteristic of succession fields, margins, and forested openings.
The habitat essentially does not exist on this site, as most of the area is maintained grassed parking.
The Carolina heelsplitter is a freshwater mussel which prefers shaded areas either in a ponded portion of a
small stream or in runs along steep banks with moderate current. Primary habitat are waters less than three
feet deep with a soft mud, muddy sand, or shady gravelly substrate. It is normally restricted to protected
silted areas or under banks especially associated with obstructions such as stumps or fallen trees. Its current
distribution according to the US Fish and Wildlife Service is limited to portions of two streams -- Goose
Creek, Waxhaw Creek, Six Mile Creek -- and the Lynches River originating from rural areas in Union
County. Therefore it is not expected to occur on this site.
State Protected Species
The Carolina Darter (Etheostoma collis) is a fish that inhabits small streams such as those found in the
project area. This species has a federal status of Proposed Special Concern and a state status of Special
Concern. The species prefers small clear streams of less than 15' width with moderate to swift current and a
sand/gravel benthic composition. It apparently tolerates a wide range of water quality conditions and
vegetation types adjacent to the streams and appears resistant to pollution. (E. Menhinick). Therefore, strict
adherence to an approved erosion and sedimentation control plan will be maintained during the construction
period in order to control degradation of water quality.
Cultural Resources
Except for existing streams and wetland areas, the site is developed and graded.
Aquatic Habitat
The aquatic systems in the project area consist of headwater wetlands and intermittent tributaries of Rocky
River. A variety of wildlife is supported by these systems including mammals, birds, reptiles, amphibians,
fish, insects, mollusks, and crustaceans. Therefore strict adherence to an approved erosion and
sedimentation control plan will be maintained during the construction period in order to control degradation
of water quality downstream and protect the areas to be preserved. Short term construction impacts,
primarily stream sedimentation will affect aquatic habitat, however this will be minimized to the extent
practicable to promote rapid recovery. Project construction will strictly adhere to an approved
sedimentation and erosion control plan. Best Management Practices will include utilizing siltation trapping
ponds and other erosion control structures where appropriate. Impacts from hazardous materials and other
toxins to fish and aquatic life such as fuels will be avoided by not permitting staging areas to be located near
surface waters. Also, as required by the 401 Water Quality Certification conditions, measures will be taken
to prevent "live" or fresh concrete from coming into contact with waters until the concrete has hardened.
Aquatic resources are expected to be enhanced through the restoration of wetland areas that flood and pond
for longer durations.
CONCLUSION
The Lowe's Motor Speedway provides important economic benefits to the region as well as North Carolina.
Over 200,000 to 300,000 people attend the major NASCAR events. Based on the value of the jurisdictional
waters and wetlands on this site, the developer has chosen to balance the site's economic viability with its
environmental value. The goal of the proposed stormwater treatment and mitigation plan will to help
balance the environmental consequences of this development by restoring and creating beneficial wetland or
riparian habitat and enhancing and preserving the Jurisdictional Waters of the U.S.
Please contact me if you have any questions or require additional explanation. Thank you for your
consideration.
Sincerely,
Leonard S. Rindner, PWS
Environmental Planning Consultant
Professional Wetland Scientist
cc: Mr. Bob Rourke
Speedway Motorsports
P.O. Box 600
Concord, NC 28026
Spit edway Blvd G-6,
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RELOCATE MOREHEAD ROAD AWAY FROM SPEEDWAY
0 IMPROVE SAFE PEDESTRIAN ACCESS EGRESS
• CREATE SPACE FOR CONCESSION AREA
TOTAL SITE AREA = 1324 AC --
PROJECT 1- POND 1- DRAINAGE AREA = 26.6 AC
PROJECT 2 - POND 2 - DRAINAGE AREA = 258.8 AC
PROJECT 3 - POND 3 - DRAINAGE AREA = 100.0 AC
PROJECT 3 - POND 4 - DRAINAGE AREA = 21.3 AC
TOTAL TREATED AREA - PROJECTS 1-3 = 406.7 AC
CONCEPTUAL SITE PLAN OBJECTIVES
LOWES MOTOR
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TOTAL SITE AREA = 1329 AC
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PROJECT 2 - POND 2 - DRAINAGE AREA = 258.8 AC
PROJECT 3 - POND 3 - DRAINAGE AREA = 100.0 AC
PROJECT 3 - POND 4 - DRAINAGE AREA = 21.3 AC
TOTAL TREATED AREA - PROJECTS 1-3.= 406.7 AC
LOWES MOTOR DRAINAGE AREA MAP
SPEEDWAY SCALE: 1" = 2000'
EXISTING CONCESSIONS AREA
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11-21-'06 13:34 FROM-DENR EEP y1tflinzdb1 1-X110(. r V L I NJ U J01
Bob Rourke
Speedway Motorsports
PO Box 600
Concord, NC 28026
r "%V -
4;J
-,teen
PROGRAM
November 21, 2006
Project: Cowes Motor Speedway County: Cabarrm
This letter replaces an earlier one dated September 29, 2006, The purpose of this letter is to notify you that the North Carolina
Ecosystem Enhancement Program (NCEEP) is willing to accept payment for impacts associated with the above referenced
project. Please note that this decision does not assure that the payment will be approved by the permit issuing agencies as
mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the
NCEEP will be approved.
This acceptance is valid for six months from the date of this letter. If we have not received a copy of the issued 404
Perni t/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send
copies of the 404/401/CAMA permits to NC EEP, Once NC EEP receives a copy of the 404 permit and/or the 401
Certification an invoice will be issued and payment must be made.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
River Basin
'Wetlands
Stream
Buffer
Buffer
Cataloging
(Acres)
(Linear Feet)
Zone 1
Zone 2
Unit
(Sq. Ft.)
(Sq. Ft.)
Riparian
I NOn•Ri arian
Coastal Marsh
Cold
Cool
Warm
Yadkin
1.3
0
0
0
0
2,711
0
0
03040105
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation for the permitted impacts
up to a 2:1 mitigation -to -impact ratio, (buffers. Zone 1 at a 3:1 ratio and zone 2 at a 1.5:1 ratio). The type and amount of the
compensatory mitigation will be as specified in the Section 404 Permit and/or 401 Water Quality Certification, and/or
CAMA Permit. The mitigation will be performed in accordance with the Memorandum of Understanding between the N. C.
Department of Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional iinformation, please contact Kelly Williams at (919) 716-1921.
Si cerely,
4Gilmoe,
Liam
Director
cc: Cyndi Karoly, Wetlands/401 Unit
Amanda Jones, USACIr-Ashcville
Alan Jones, DWQ-Mooresville
FLeoile d Ridner, agent (fax)
RestoYc i�... .. Pro" our Sia&wn
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.nceep.not
PROPERTY OWNER
ADDRESS
PID #
1
Lenwood Ham
501
Chateau Drive
Gastonia
NC
28056
4599-94-3333
2
Daud McGrady
5756
Spring Gate Court
Concord
NC
28027
4599-93.9234
3
Patricia Fuller
5755
Spring Gate Court
Concord
NC
28027
5509-03-1239
4
Eugene Bachorski
5751
Spring Gate Court
Concord
NC
28027
5509-03-2423
5
Vincent Barone
5998
Brookstone Drive
Concord
NC
28027
5509-03-4337
6
Billy Lee
5999
Brookstone Drive
Concord
NC
28027
5509-03.5471
7
Mary Susan Duval
5996
Brookcliff Place
Concord
NC
28027
5509-03-7310
8
Phillip Henderson
5999
Brookcliff Place
Concord
NC
28027
5509-03-8228
9
Marvin Bopp
5995
Brookcliff Place
Concord
NC
28027
5509-03-9324
10
Dennis Carpenter
4321
Satterwythe Lane
Concord
NC
28027
5509-12-2618
11
Dennis Carpenter
4140
Concord Parkway S
Concord
NC
28027
5509-11-5468
12
Daniel Carpenter
4310
Concord Parkway S
Concord
NC
28027
5509-11-4084
13
Jay Moms
4320
Concord Parkway S
Concord
NC
28027
5509-00-4647
14
James Morrision
1195
Old Concord Road
Concord
NC
28027
5508-09-9891
15
AB&T Properties
4624
Hwy 49 S
Concord
NC
28027
5508-19-3572
16
Moms Family LTD
172
Pitts School Road
Concord
NC
28027
5509-31-7753
17
BFI Waste Systems
PO Box 42165
Houston
TX
77242-2165
5508-24-1389
18
BFI Waste Systems
PO Box 42165
Houston
TX
77242-2165
5508-37-7335
19
Jeff Henley
5600
Morehead Road
Harrisburg
NC
28075
5508-02-5221
20
Tim Hurst
5670
Morehead Road
Harrisburg
NC
28075
5508-01-6168
21
Jeff Henley
5600
Morehead Road
Concord
NC
28075
5508-11-3072
22
Fast Track Properties
5540
Morehead Road
Harrisburg
NC
28075
5508-01-1941
23
Roaul Yates
PO Box 1051
Harrisburg
NC
28075
4598-82-5620
24
Roaul Yates
PO Box 1051
Harrisburg
NC
28075
4598-82-6672
25
Roaul Yates
PO Box 1051
Harrisburg
NC
28075
4598-82-8607
26
Greg Mascaro
7920
Woodmere Drive
Harrisburg
NC
28075
4598-82-6933
27
Jay Howard
6119
Birdsong Road
Concord
NC
28027
4598-83-1722
28
Doug & Renee Steadman
7850
Fisher Road
Mt Pleasant
NC
28124
4598-831199
29
Barry Grant
1450
McDonald Road
Dahlonega
GA
30533
4598-73-6162
30
Kay Publishing LLC
PO Box 1210
Harrisburg
NC
26075
4598-72-4732
31
Tom Cotter
12831
Westmoreland Farm
Davidson
NC
28036
4598-72-2901
32
Tom Cotter
12831
Westmoreland Farm
Davidson
NC
28036
4598-73-0097
33
Steve Hudspeth
6615
Hudspeth Road
Harrisburg
NC
28075
4598-62-8964
34
Steve Hudspeth
6616
Hudspeth Road
Harrisburg
NC
28075
4598-63-7241
35
Daud Hudspeth
6600
Hudspeth Road
Harrisburg
NC
28075
4598-73-0572
36
GD Hudspeth
6700
Hudspeth Road
Harrisburg
NC
28075
4598-635862
37
GD Hudspeth
6701
Hudspeth Road
Harrisburg
NC
28075
4598-64-6247
38
HAAS Automation Inc
6780
Hudspeth Road
Harrisburg
NC
28075
4598-643705
39
S Waltrip
6940
Hudspeth Road
Harrisburg
NC
28075
4598-549947
40
Plase Christenbury
673
Grandview Drive
Concord
NC
28025
4598-55-3385
41
TRI -STAR Prop
3511
Milford Court
Concord
NC
28027
4598-55-6627
42
United Oil of Carolinas
PO Box 68
Gastonia
NC
28053
4598-55-5727
43
Plase Christenbury
673
Grandview Drive
Concord
NC
28025
4598-56-2430
44
Plase Christenbury
673
Grandview Drive
Concord
NC
28025
4598-56-4578
45
Earnhardt Real Prop
1675
Dale Earnhardt Way
Mooresville
NC
28115
4598-66-0128
46
Clarence Little
4600
Annette Drive
Concord
NC
28027
4598-56-8635
47
Patsey Little
4600
Annette Drive
Concord
NC
28027
4598-56-9841
48
Addison Little
4275
Morehead Road
Concord
NC
28027
4598-66-0959
49
Edward Little
5650
Sandusky Blvd
Concord
NC
28027
4598-58-3176
50
AF & BJ Limited Ptrn
4275
Morehead Road
Concord
NC
28027
4598-48-1821
51
Clarence Little
4600
Annette Drive
Concord
NC
28027
4598-37-3471
52
Ted Little MHP LLC
709
Bunker Glass Lane
Concord
NC
26027
4598-27-8503
53
Randy Little
5301
Stowe Lane
Charlotte
NC
28262
4598-28-4669
54
Rick Hendrick HGREI
4400
Papa Joe Hendrick
Charlotte
NC
28262
4598-28-0939
55
Rick Hendrick HGREI
4400
Papa Joe Hendrick
Charlotte
NC
28262
4598-19-8312
56
Rick Hendrick HGREI
4400
Papa Joe Hendrick
Charlotte
NC
28262
4599-10-8520
57
Mary Little Family Ltd Ptm
709
Bunker Glass Lane
Concord
NC
28027
4599-20-8893
58
Crestbrook Investors
301
South McDowell
Charlotte
NC
28204
4599-31-3428
59
John Q Hammonds Trust
4243
Hunt Road
Cincinnati
OH
45242
4499-21-2772
60
City of Concord
PO Box 308
Concord
NC
28026
4599-52-7034
61
City of Concord
PO Box 308
Concord
NC
28026
4599-52-7034
62
R. Giles Moss
PO Box 706
Concord
NC
28025
5508-31-8212
LOWES MOTOR
SPEEDWAY
PROPERTY OWNERS
3 OF 3
,i
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30
35 , 3 1
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PROPERTY OWNERS
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SCALE: 1" =1200'
17
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.. 43 40 1
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1
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PROPERTY OWNERS
2 OF 3
SCALE: 1" =1200'
PROJECT 1
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20
1\ l
loo
r ,
43
61
44 g
,r
/so,.
58
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59
:
57
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52
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55"10
LOWES MOTOR PROPERTY OWNERS
SPEEDWAY 1 OF 3
SCALE: 1" =1200'