20230317 Ver 2_AMC IWGP ePCN Attachments Compressed 20230713 Compressed_20230713

Angela Petros
From: Angela Petros
Sent: Friday, October 28, 2022 8:54 AM
To: 401 PreFile
Subject: AMC 150 30 Day Pre -Application Notice
To Whom It May Concern,
Atlas will be submitting an isolated wetland impact application for the AMC 150 project. This project is in
Charlotte (Cabarrus County). This project involves Commercial Development.
Angela Petros
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
[phone] mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
RON MENTAL

n�AS
ENVIRONMENTAL
May 17, 2023
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Stephanie Goss
1617 Mail Service Center
Raleigh, North Carolina 27699-1617
Re: AMC: 89.55 Acres
5301 Stowe Lane Charlotte, NC 28262
IWGP 100000 Permit Verification Request
Stephanie:
The applicant, Gene Cocchi of HSREI, LLC is requesting approval of the enclosed
Isolated Wetlands and Waters permit for unavoidable impacts to aquatic resources.
The AMC project review area consists of two separate delineations and approved
jurisdictional determinations. AMC 150 has been assigned Action ID SAW-2022-02645
and AMC 300 has been assigned Action ID SAW-2023-00475. The approved
jurisdictional determination for AMC 150 was issued on March 10, 2023 and the
approved jurisdictional determination for AMC 300 was issued on March 13, 2023. One
non -regulated stormwater control measure was observed to exist within the AMC 300
project boundary. A review of Google Earth aerial imagery (included within the AMC
300 resource maps) indicates that the SCM was constructed in high ground between
2007 and 2008.
The purpose of the project is for the construction of a commercial development for
Hendrick Motorsports including four buildings, a secure storage area, future
development area, parking, roadways, stormwater treatment, and additional necessary
utility installation. The only proposed impact for the development is to one isolated
wetland identified on the AMC 150 aquatic resource sketch map as WL 1000. The
impact is identified as W1 and is approximately 0.613 acre of permanent wetland fill for
the construction of the building identified as HMM (Site 4) which is proposed to be
150,000 square feet.
The project has been designed and engineered to avoid and minimize impacts to the
greatest extent possible. There are no proposed impacts to streams, open waters, or
Corps jurisdictional wetlands. The design of 3:1 side slopes will reduce the potential for
slope failure and will also reduce stormwater runoff volume and velocity reducing the
potential for erosion control issues. The proper installation and maintenance of erosion
control devices and best management practices will prevent unintentional off -site or on -
site impacts. The proposed five stormwater control measures will prevent impacts
related to stormwater runoff from the site.
Environmental, Inc.
338 S Sharon Amity #411, Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

AS
{
1
ENVIRONMENTAL
Enclosed are the necessary permit verification documents and additional information.
Thank you for your attention to the enclosed request. Please contact me if you need
any additional information.
Courtesy copy sent to Krysta Stygar of USACE Charlotte Regulatory Field Office
Best regards,
�"4' dfl w"
Jennifer L Robertson, President
[e-mail]
AM Environmental, Inc.
338 S Sharon Amity #411, Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte

T
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: Mr. Paul Wojoski, Supervisor
1617 Mail Service Center
Raleigh, North Carolina 27699-1650
I, the current landowner, lessee, contract holder to purchase, right to purchase holder, or easement
holder of the property/properties 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 for the purpose of
conducting on -site investigations and issuing a determination associated with Waters of the US subject to
Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899 and Waters of the State including 404 Wetlands, Isolated Wetlands, and other non-404
Wetlands subject to a permitting program administered by the State of North Carolina. Atlas
Environmental Inc is authorized to provide supplemental information needed for delineation approval
and/or permit processing at the request of the Corps or NC DWR Water Quality Program.
(Project Name:
Property Owner of Record: Charlotte Motor 5peedwayll-C _
Contact Name: Co (L n �1�7
Address: PC Box 600 Concord, NC 28026,
Address:
Phone/Fax Number: D i ys �C ~ d 3 ~ 17 3
Email Address: c 4��
Project Address: 6594 Bruton Smith Bivd
Project Address: Concord. NC 28027
Tax PIN: 4598974061
Signature: V, erl, J-11
Date:
ATLAS Environmental Inc.
338 S. Sharon Amity Road, #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
[e-mail]
www'atlasenvi-com

al
DWR
Dlvlslon of ►'Ifarer Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print
a copy of the form.
Below is a link to the online help file.
https://edocs.deq. nc.govMaterResources/0/edoct6247041PCN%20Help%20File%202018-1-30.pdf
A. Processing Information
Pre -Filing Meeting Date Request was submitted on:*
10/28/2022
If this is a courtesy copy, please fill in this with the submission date.
Is this project connected with ARPA funding?*
Yes No
County (or Counties) where the project is located: *
Cabarrus
Is this a NCDMS Project*
Yes No
Click Yes, only if NCDMS is the applicant or co -applicant.
DO NOT CHECK YES, UNLESS YOU ARE DMS OR CO -APPLICANT.
Is this project a public transportation project?*
Yes No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.

1a. Type(s) of approval sought from the Corps: *
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission.*
2/28/2023
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?*
Yes No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
List all NW numbers you are applying for not on the drop down list.
1 d. Type(s) of approval sought from the DWR:
check all that apply
❑ 401 Water Quality Certification - Regular
Q Non-404 Jurisdictional General Permit
❑ Individual 401 Water Quality Certification
401 Water Quality Certification - Express
Riparian Buffer Authorization
le. Is this notification solely for the record because written approval is not required?
*
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application?*
Yes
No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
If so, attach the acceptance letter from mitigation bank or in -lieu fee program.
Yes No

Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
14 AMC Upper Rocky SOA-05-23-2023.pdf
FILE TYPE MUST BE PDF
1 h. Is the project located in any of NC's twenty coastal counties?*
Yes No
1 j. Is the project located in a designated trout watershed?*
Yes No
43.67KB
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coord ination/Trout.aspx
B. Applicant Information
1 a. Who is the Primary Contact?*
Gene Cocchi
1 b. Primary Contact Email:
[e-mail]
1 d. Who is applying for the permit?*
Owner
(Check all that apply)
1e. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Charlotte Motor Speedway
2b. Deed book and page no.:
2c. Contact Person:
(for Corporations)
Cary Tharrington
1c. Primary Contact Phone:
(xxx)x oc-xxxx
[phone]
Applicant (other than owner)
W

2d. Address*
Street Address
PO Box 600
Address Line 2
City
Concord
Postal / Zip Code
28026
2e. Telephone Number:*
(XXX)XXX-XXXX
[phone]
2f. Fax Number:
()oocpo(X-)000c
2g. Email Address:*
[e-mail]
State / Province / Region
NC
Country
USA
3. Applicant Information (if different from owner)
3a. Name: *
Gene Cocchi
3b. Business Name:
(if applicable)
HSREI, LLC
3c. Address*
Street Address
6000 Monroe Road Suite 100
Address Line 2
City
Charlotte
Postal / Zip Code
28212
3d. Telephone Number:*
[phone]
()oocpoo(-)oocx
3f. Email Address:*
[e-mail]
State / Province / Region
NC
Country
USA
3e. Fax Number:

4. Agent/Consultant (if applicable)
4a. Name: *
Jennifer Robertson
4b. Business Name:
(if applicable)
Atlas Environmental Inc.
4c. Address*
Street Address
338 S. Sharon Amity Road #411
Address Line 2
City
Charlotte
Postal / Zip Code
28211
4d. Telephone Number:*
[phone]
()ooc))oo(-)oo(x
4f. Email Address:*
[e-mail]
State / Province / Region
NC
Country
USA
4e. Fax Number:
()ooc))oo(-)oocx
C. Project Information and Prior Project History "
1. Project Information
1 a. Name of project:*
AMC
1b. Subdivision name:
(if appropriate)
Not a subdivision
1c. Nearest municipality / town: *
Concord, Project has a Charlotte address

2. Project Identification
2a. Property Identification Number:
(tax PIN or parcel ID)
45982844780000, 2b. Property size:
45989740610000, (in acres)
45991090190000 89.55
2c. Project Address
Street Address
5301 Stowe Lane
Address Line 2
City State / Province / Region
Charlotte NC
Postal / Zip Code Country
28262 USA
2d. Site coordinates in decimal degrees
n
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS
device) after the decimal place as appropriate, based on how the location was determined. (For example, most mobile
phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude: * Longitude: *
35.355251-80.702846
ex: 34.208504-77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Rocky River
3b. Water Resources Classification of nearest receiving water:
C
Surface Water Lookup
3c. What river basin(s) is your project located in? *
Yadkin-PeeDee
3d. Please provide the 12-digit HUC in which the project is located.
030401050305
River Basin Lookup

4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application: *
The review area currently consists of a disused campground for the Charlotte Motor Speedway referred to as Rock
City. The majority of the review area is cleared and maintained as grass with pockets of forested areas. The
surrounding land use predominantly consists of commercial businesses, campgrounds, and residential homes.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
*
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.613
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
J
4h. Explain the purpose of the proposed project: *
The purpose of the project is for the construction of a commercial development for Hendrick Motorsports including
four buildings, a secure storage area, future development area, parking, roadways, stormwater treatment, and
additional necessary utility installation.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Building AMC (Site 2) is proposed to be 269,500 square feet. Building HMM (Site 3) is proposed to be 80,000
square feet. Building HMM (Site 4) is proposed to be 150,000 square feet. Future building (Site 5) is proposed to
be 246,400 square feet. The secure storage area is located in the Northeast region of the property and there is a
small area in the Southern region of the property which is currently forested for future development. There are 5
proposed stormwater control measures. Heavy equipment will be used for land clearing and earth moving for
grading activities and to prepare the ground surface for construction.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
Comments:
M
Delineated by Atlas Staff as AMC 150 and AMC 300
Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Example: SAW-2017-99999
AMC 150: SAW-2022-02645. AMC 300: SAW-2023-00475
5c. If 5a is yes, who delineated the jurisdictional areas?

Name (if known):
Agency/Consultant
Company:
Other:
Atlas Environmental Staff
Atlas Environmental Inc.
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the
Corps or DWR.
AMC 150 AJD: March 10, 2023
AMC 300 AJD: March 13, 2023
6. Future Project Plans
6a. Is this a phased project?*
Yes
m
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize
any part of the proposed project or related activity? This includes other separate and distant crossing for linear
projects that require Department of the Army authorization but don't require pre -construction notification.
No
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
If there are wetland impacts proposed on the site, then complete this question for each wetland area
impacted.
"W." will be used in the table below to represent the word "wetland".
*
2a. Site
2a1 Reason*
2b. Impact
2c. Type of W.
2d. W. name*
2e.
2f. Type of
2g.
#* (?)
(?)
type* (?)
Forested
Jurisdicition*
Impact
(?)
area
W1
Fill
P
Isolated Wetlands
WL 1000
Yes
DWR
0.613
(acres)
2g. Total Temporary Wetland Impact

2g. Total Permanent Wetland Impact
0.613
2g. Total Wetland Impact
0.613
21. Comments:
Impact W1 is associated with the AMC 150 project. There are no impacts associated with
AMC 300.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: *
There are no proposed impacts to streams or open water. There are no proposed impacts to
abutting or adjacent wetlands. The only proposed impact is to an isolated wetland which is
adjacent to a building and receives stormwater runoff. The project has been designed and
engineered to avoid and minimize impacts to the greatest extent possible. The design of 3:1
slopes will reduce the potential for slope failure and will also reduce stormwater runoff volume
and velocity further reducing the potential for erosion control issues.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction
techniques: *
The proper installation and maintenance of erosion control and best management practices
will prevent unintentional off site or on site impacts. The proposed stormwater control
measures will prevent impacts related to stormwater runoff from the site.
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?
Yes No
2c. If yes, mitigation is required by (check all that apply):
19 DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Q Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Upper Rocky River Umbrella Mitigation Bank

3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Quantity:
Non -riparian wetland 0.113
3c. Comments
Mitigation is being purchased through Land and Water solutions at a 1:1 ratio for the impact
quantity which exceeds the State threshold.
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by
DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you
must fill out this entire form - please contact DWR for more information.
Yes No
F. Stormwater Management and Diffuse Flow Plan (required by
DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian
Buffer Protection Rules?
Yes No
For a list of options to meet the diffuse flow requirements, click
If no, explain why:
Not located adjacent to protected riparian buffers.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?*
Yes No
To look up low density requirement click here 15A NCAC 02H .1003(2).

2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater
program or state -approved local government stormwater program? *
Yes
No
N/A - project disturbs < 1 acre
Hint: projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or
locally -implemented stormwater programs through use of community in -lieu programs should answer no to this question.
2d. Which of the following stormwater management program(s) apply (check all that apply): *
Local Government State
If you have a local government approval please include the SMP on their overall impact map.
Local Government Stormwater Programs*
Q Phase II
0 USMP
NSW
Water Supply
Please identify which local government stormwater program you are using. *
Concord
Comments
The site plan includes the construction of 5 stormwater control measures.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state)
land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules
(15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development,
which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The proposed project is a single and complete project and will not result in additional
development.

4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available
at that plant.
Project will connect to municipal sewer.
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?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
M
5e. Is this a DOT project located within Division's 1-8? *
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.? *
Yes No
5g. Does this project involve bridge maintenance or removal?*
Yes No
Unknown
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?**
Yes No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines,
such as jackhammers, mechanized pile drivers, etc.?*
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat?*
IPaC and NC Natural Heritage Program. See comment letter of AMC 150.
6. Essential Fish Habitat (Corps Requirement)

6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data:
hftp://gis.ncdcr.gov/hpoweb/
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 status (e.g., National Historic Trust designation or properties significant in North
Carolina history and archaeology)?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological
resources?*
NC HPO Buffer Map. See attached comment letter for AMC 150.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination? *
Google Earth FEMA NFHL .kml
Miscellaneous
Comments
Please use the space below to attach all required documentation or any additional information you feel is helpful for
application review. Documents should be combined into one file when possible, with a Cover Letter, Table of
Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
AMC IWGP ePCN Attachments Compressed.pdf
File must be PDF or KMZ
24.36MB

Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• 1 agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• 1 understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• 1 intend to electronically sign and submit the PCN form.
Full Name:*
Jacob Sinclair
Signature*
C' ezew LS�eme-lqv�t
Date
5/17/2023

Isolated Wetland
WL 1000: - 0.613 Ac.
Legend
p Review Area
Streets
O Cabarrus Co. Parcels
Contours: 2 Ft
Delineation
Wetland
'5Ketcn Map proviaea Tor wustrative
purposes and preliminary planning only. Aquatic Resources Sketch Map
Not intended to be relied upon for exact
location, dimension, or orientation. All
findings and assessments are subject to
verification from the Army Corps of
Engineers, NC Division of Water
Resources, and/or other appropriate
local authorities. Do not reproduce map
set except in its entirety.
0
I
C
hq
0 100 200 300 400 Ft
❑NMLAQLocation:
ENTAL
Page 1 of 2 Figure: la
Project Name: AMC 150
Drawn By: ITS
5301 Stowe Lane Charlotte, NC 28262
Verified By:CPG
01�—w
For: Acro Development Services Attn: Karen Shea
Coordinates: 35.355251 °,-80.702846'
Date: Febuary 20, 2023

Aquatic Resources Sketch Map
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Isolated Wetland
WL 1000: — 0.613 Ac..
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❑NMENTAL
Figure: lb
Project Name: AMC 150
Location: 5301 Stowe Lane Charlotte, NC 28262
For: Acro Development Services Attn: Karen Shea
Coordinates: 35.355251°,-80.702846'
Date: Febuary20, 2023

Aquatic Resources Sketch Map
W,
0
0
Legend
p Review Area
Streets
O Cabarrus Co. Parcels
Contours: 2 Ft
fW
O
(etch Map provided for illustrative purposes
id preliminary planning only. Not intended
be relied upon for exact location,
mension, or orientation. All findings and
>sessments are subject to verification from
e Army Corps of Engineers, NC Division of
'ater Resources, and/or other appropriate
cal authorities. Do not reproduce map set
ccept in its entirety.
Stormwater Control I
Measure: 0.042 Ad
Delineation 11 1 1 1 1 1 1
Note: No jurisdictional waters 0 200 400 600 800 Ft. °��'OiP,
Stormwater Control Measure identified within review area t
n
LAQ
19jIONIVIENTAL
Page 1 of 2 Figure: 1a
Project Name: AMC 300
g d A
Location: 6950 Bruton Smith Blvd Concord, NC 28027
F
p�JAC � RAVIB 91NCtA1RF
For: HSREI, LLC Attn: Gene Cocchi
Fs�, 81H0 PW8
aygiwene�0
Coordinates: 35.361838°,-80.698774'
Date: February 22, 2023

a Aquatic Resources Sketch Map
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Legend
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Streets
O Cabarrus Co. Parcels
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Delineation
Note: No jurisdictional waters
Stormwater Control Measure identified within review area
1jg
Stormwater Control
I_ Measure- - 0.042 Ac
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Page 2 of 2 Figure: lb
Project Name: AMC 300
6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 22, 2023

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C-I,ttz NC28202
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/ PROJECT LOCATION
CITY OE CONCORD,
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Page 2 of 2 Figure: lb
Project Name: AMC 300
6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 22, 2023

Site Photographs: February 21, 2023
1: SCM 1
2: SCM 1
3: SCM 1
4: SCM 1
5: Culvert tied to SCM 1
6: Stormwater ditch from SCM

Site Photographs: February 21, 2023
6: Stormwater drainage
7: Stormwater drainage outside of review area
8: Stormwater drainage outside of review area
9: Site overview of Northern region

North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
December 7, 2022
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
Layla Tallent ltallentgatlasenvi.com
ATLAS Environmental, Inc.
338 S. Sharon Amity Road 9411
Charlotte, NC 28211
Re: Construct AMC 150 industrial development, 5301 Stowe Lane, Charlotte, Mecklenburg County,
ER 22-2700
Dear Layla Tallent:
Thank you for your letter of October 31, 2022, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Akd 04�
Ramona Bartos, Deputy
State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898

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Figure: 02
Project Name: AMC 300
Location: 6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

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❑NMENTAL
Figure: 03
Project Name: AMC 300
6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

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Project Name: AMC 300
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Project Name: AMC 300
6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

LAQLocation:
❑NMENTAL
Figure: 06
Project Name: AMC 300
6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

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drawings/maps/charts is compiled
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❑NMENTAL
Figure: 07
Project Name: AMC 300
Location: 6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

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drawings/maps/charts is compiled
from numerous sources and may
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Project Name: AMC 300
Location: 6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

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drawings/maps/charts is compiled
from numerous sources and may
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AQLocation:
ISOOINMENTAL
Figure: 10
Project Name: AMC 300
6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

Information shown on these
drawings/maps/charts is compiled
from numerous sources and may
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Figure: 11
Project Name: AMC 300
Location: 6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

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Feet
0 250 500 1000 1500 USDA Natural Resources Web Soil Survey
Map projection: Mb Mercator Corner coordinates: WGS84 Edge tics: UrM Zone 17N WGS84 Conservation Service National Cooperative Soil Survey
Project Name: AMC 300
AS Location: 6950 Bruton Smith Blvd Concord, NC 28027
ERONMENTAL For: HSREI, LLC Attn: Gene Cocchi
Figure: 13a Coordinates: 35.3618380,-80.6987740 Date: February 20, 2023

Soil Map—Cabarrus County, North Carolina
(AMC 300)
MAP LEGEND
MAP INFORMATION
Area of Interest (A01)
Spoil Area
The soil surveys that comprise your AOI were mapped at
Area of Interest (AOI)
Stony Spot
1:24,000.
Soils
Very Stony Spot
Warning: Soil Map may not be valid at this scale.
0
Soil Map Unit Polygons
Wet Spot
Enlargement of maps beyond the scale of mapping can cause
Soil Map Unit Lines
misunderstanding of the detail of mapping and accuracy of soil
Soil Map Unit Points
Other
line placement. The maps do not show the small areas of
f� Special Line Features
contrasting soils that could have been shown at a more detailed
Special
Point Features
scale.
Blowout
Water Features
Streams and Canals
Please rely on the bar scale on each map sheet for map
Borrow Pit
measurements.
Transportation
Clay Spot
i F+ Rails
Source of Map: Natural Resources Conservation Service
Closed Depression
Web Soil Survey URL:
Interstate Highways
Coordinate System: Web Mercator (EPSG:3857)
r,
Gravel Pit
� US Routes
Maps from the Web Soil Survey are based on the Web Mercator
Gravelly Spot
�} Major Roads
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Landfill
Local Roads
Albers equal-area conic projection, should be used if more
AA
Lava Flow
accurate calculations of distance or area are required.
IF
Background
Marsh or swamp
. Aerial Photography
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
t5�6
Mine or Quarry
Soil Survey Area: Cabarrus County, North Carolina
0
Miscellaneous Water
Survey Area Data: Version 22, Sep 7, 2022
0
Perennial Water
Soil map units are labeled (as space allows) for map scales
V
Rock Outcrop
1:50,000 or larger.
Saline Spot
Date(s) aerial images were photographed: Mar 13, 2022—May
9, 2022
Sandy Spot
The orthophoto or other base map on which the soil lines were
Severely Eroded Spot
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
Sinkhole
shifting of map unit boundaries may be evident.
Slide or Slip
Sodic Spot
Project Name: AMC 300
Location: 6950 Bruton Smith Blvd Concord, NC 28027
TAS
For:
HSREI, LLC Attn:
Gene Cocchi
ERONMENTAL
Coordinates: 35.3618380,-80.6987740
Date: February 20, 2023
Figure: 13b

Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
CuB2
Cullen clay loam, 2 to 8
2.7
4.5%
percent slopes, moderately
eroded
CuD2
Cullen clay loam, 8 to 15
1.0
1.7%
percent slopes, moderately
eroded
VaB
Vance sandy loam, 2 to 8
52.3
84.9%
percent slopes
VaD
Vance sandy loam, 8 to 15
5.5
9.0%
percent slopes
Totals for Area of Interest
61.6
100.0%
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Clarke Creek030401050101
Legend
HUC 12 Watersheds
Twin Lakes -Rocky River030401050106
Mallard Creek030401050103
Review Area
Cabarrus county
O HUC 12
Lower Coddle Creek030401050105
Back Creek030401050301
0 0.5 1 1.5 2 Mi.
AQLocation:
❑NMENTAL
Figure: 14
Project Name: AMC 300
6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

Information shown on these
drawings/maps/charts is compiled
from numerous sources and may
not be complete or accurate.
Legend
p Review Area
O HUC 8
Cabarrus county
HUC 08 Watersheds
ill
Rocky03040105
0 1 2 3 4 Mi.
RONMENTAL
Figure: 15
Project Name: AMC 300
Location: 6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

AQLocation:
71VONMENTAL
Figure: 16
Project Name: AMC 300
6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 20, 2023

4
WATER & LAND
SOLUTIONS
Upper Rocky Umbrella Mitigation Bank
Statement of Availability May 23, 2023
U.S. Army Corps of Engineers
Kimberly Browning
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: AMC
This document confirms that HSREI, LLC (Applicant) for the AMC (Project) has expressed an interest
to utilize 0.113 Riparian Wetland Mitigation Credits from the Water & Land Solutions, LLC
sponsored Upper Rocky Umbrella Mitigation Bank, specifically 0.113 riparian wetland credits from the
Upper Rocky Site, in the Yadkin HUC 03040105. As the official Bank Sponsor, Water & Land Solutions,
LLC, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the
issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has
fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation
obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the
purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and
a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit
number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer
Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the
proper documentation.
If any questions need to be answered, please contact me at 239-322-7276.
Best Regards,
Riane Fisher
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, NC 27615

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02645County: Cabarrus U.S.G.S. Quad: NC -Harrisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Acro Development Services
Karen Shea
Address: 601 S. Cedar Street Suite 101
Charlotte, NC 28202
Telephone Number: 980-224-8518
E-mail: ksheana acro-ds.com
Size (acres) 28
Nearest Waterway Rocky River
USGS HUC 03040105
Nearest Town Charlotte
RiverBasin Upper Pee Dee
Coordinates Latitude:35.355251
Longitude:-80.702846
Location description: Projectis located at 5301 Stowe Lane. near Charlotte. Cabarrus County. North Carolina. PIN(s):
45982844780000 (partial). 45989740610000 (partial) and 45991090190000 (partial
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation mapdated 2/20/2023. Therefore this preliminary jurisdiction determination
maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat allwaters and wetlands thatwould be affected in anyway by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable
action, by contactingthe Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA
jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for
a period not to exceed five years from the date of this notification.
® There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean
WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe
relied upon fora period notto exceed five years from the date ofthis notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by
the Corps.
❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The
approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2022-02645
will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in
the law or our published regulations, maybe relied upon for a periodnotto exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determinationmay be relied
upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, pre sent on the above described project area/property which are subj ectto the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification.
❑ The property is located in one ofthe 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalMa nagement in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may
constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar&gsace.army.mil.
C. Basis For Determination: Seethe approved jurisdictional determination form dated 03/10/2023.
D. Remarks: See aquatic feature on map, "AMC 150- 0212012023"
E. Attention USDA Program Participants
This delineation/determinationhas been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrativeappeal under Corps regulations at33CFRPart 331. Enclosed
you will find a Notification ofAppealProcess (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth StreetSW,FloorM9
Atlanta, Georgia 3 0303-8803
AND
PH I L I P.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days ofthe date ofthe NAP. Should you
decide to submit an RFA form, it must be received at the above address by 05/09/2023.
* * It is not necessary to submit anRFAform to the Division Office if you do notobject to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 03/10/2023 Expiration Date of JD: 3/10/2028

SAW-2022-02645
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Atlas Environmental, Inc
Jennifer Robertson
Address: 338 S. Sharon Amity Road # 411
Charlotte, NC 28211
Telephone Number: 704-512-1206
E-mail: jroberston(a atlasenvi.com
Property Owner: Charlotte Motor SpeedwayLLC
Collins Trimble
Address: PO Box 600
Concord. NC 28026
Telephone Number: 704-455-3281
E-mail: ctrimblencharlottemotorst)eedway.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Acro Development Services, Karen Shea File Number: SAW-2022-02645
Date: 03/10/2023
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMITDENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
Additional information may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProaamandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain term sand conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluatingyour objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appealthe permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept orappealthe approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed),
by contactingthe Corps district for further instruction. Also you may provide newinformation for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FORAPPEAL OROBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the appealconference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant northe Corps may add new information or analyses to the record.
However, you may provide additionalinformation to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/orthe
If you only have questions regarding the appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Krystynka B Stygar
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Cha rlottc, No rth Carolina 28262
PHONE: [phone]; FAX[phone]
EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate m all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430 University Executive Park Drive, Suite
615 , Charlotte, North Carolina 28262
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FORAPPROVED JURISDICTIONAL DETERMINATION (JD): 03/10/2023
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, AMC 150, SAW-2022-02645
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Project is located at 5301 Stowe Lane, near Charlotte, Cabarrus County,
North Carolina. PIN(s): 45982844780000 (partial), 45989740610000 (partial) and 45991090190000(partial)
State: NC County/parish/borough: Cabarrus City: Charlotte
Center coordinates of site (lat/longin degree decimal format): Lat. 35.355251 , Long.-80.702846
Universal Transverse Mercator:
Name of nearest waterbody: Rocky River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03040105
® 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): January 31, 2023
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters ofthe 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 maybe susceptible for use to transport interstate or foreign commerce. Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are not"waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFRpart 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):'
El TNWs, including territorial seas
❑Wetlands adjacentto TNWs
❑Relatively permanent waters 2 (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: linear feet, wide, and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Choose an item.
Elevation of established OHWM (if known):
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 Forpurposes 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).
Page 1 of 8 Form Version 10 June 2020

Non -regulated waters/wetlands (check if applicable) : 3
❑X Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain:
Isolated Wetland WL 1000 has no hydrological connection to any jurisdictional waters..
SECTION III: CWA ANALYSIS
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
IILA.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
III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
WetlandadjacenttoTNW
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 anRPW 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 waterbody4 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 adj scent 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 adj acent to that tributary, both onsite and offsite. The determination whether a
significant nexus exists is determined in Section IH.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Choose an item.
Drainage area: Choose an item.
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Choose an item. tributaries before entering TNW.
Project waters are Choose an item. river miles from TNW.
Project waters are Choose an item. river miles from RPW.
Project waters are Choose an item. aerial (straight) miles from TNW.
Project waters are Choose an item. aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
s Supporting documentation is presented in Section IILF.
Note that the histructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
Page 2 of 8 Form Version 10 June 2020

Identify flow route to TNW 5:
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that an)lv):
Tributary is: ❑Natural
❑Artificial (man-made). Explain:
❑Manipulated (man -altered). Explain:
Tributary properties with respectto top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Choose an item..
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑Cobbles El Gravel ❑Muck
❑Bedrock ❑Vegetation. Type/%cover:
El Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Choose an item.
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Choose an item.
Estimate average number of flow events in review area/year: Choose an item.
Describe flow regime:
Other information on duration and volume:
Surface flow is: Choose an item.. Characteristics:
Subsurface flow: Choose an item.. 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 El the presence of litter and debris
❑ changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving El the presence of wrack line
❑ vegetation matted down, bent, orabsent ❑ sediment sorting
❑ leaf litter disturbed or washed away
❑ sediment deposition
El water staining
❑ other (list):
❑Discontinuous OHWM.7 Explain:
❑scour
❑multiple observed or predicted flow events
❑X abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
El High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line alongshore objects ❑ survey to available datum;
'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.
6A natural or man-made discontinuity in the OIIWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the
OIIWM has been removed by development or agricultural practices). Where there is a break in the OIIWM 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.
'lbid.
Page 3 of 8 Fonn Version 10 June 2020

❑ fine shell or debris deposits (foreshore) ❑physical markings;
❑physical markings/characteristics ❑vegetation lines/changes in vegetation types.
❑tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
❑Riparian corridor. Characteristics (type, average width):
❑Wetland fringe. Characteristics:
❑Habitat for:
El 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 Relationship with Non-TNW:
Flow is: Choose an item. Explain:
Surface flow is: Choose an item.
Characteristics:
Subsurface flow: Choose an item.. Explain findings:
❑Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
El Directly abutting
❑Not directly abutting
El Discrete wetland hydrologic connection. Explain:
❑Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Choose an item. river miles from TNW.
Project waters are Choose an item. aerial (straight) miles from TNW.
Flow is from: Choose an item..
Estimate approximate location of wetland as within the Choose an item. 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):
El Riparian buffer. Characteristics (type, average width):
❑Vegetation type/percent cover. Explain:
Page 4 of 8 Fonn Version 10 June 2020

❑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: Choose an item.
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 beingperformed:
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 adj acent 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 rearingyoung 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 food webs?
• 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 IILD:
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 combinationwith all of its adjacent wetlands,
then go to Section IILD:
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 IILD:
L. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT
APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑Wetlands adjacentto TNWs: acres.
R. RPWs that flow directly or indirectly into TNWs.
Page 5 of 8 Fonn Version 10 June 2020

❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is
perennial:
❑ 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: linear feet wide.
❑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, wide.
El Other non -wetland waters: acres.
Identify type(s) of waters:
4. 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 IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicatingthat tributary is seasonal
in Section IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. 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 supportingthis conclusion is
provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. 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 supportingthis conclusion is
provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
T Impoundments of jurisdictional waters.9
Asa 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
El Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION
OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK
ALL THAT APPLY): to
❑which are or could be used by interstate or foreign travelers for recreational or other purposes.
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10Prior 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 Following Rapanos.
Page 6 of 8 Fonn Version 10 June 2020

❑ from which fish or shellfish are or could betaken 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:
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, wide.
❑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).
❑X Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Wetland WL
1000 is isolated with no connection to downstream waters.
El 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), usingbestprofessional judgment (check all
that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑Lakes/ponds: acres.
❑Other non -wetland waters: acres. Listtype 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, wide.
❑Lakes/ponds: acres.
El Other non -wetland waters: acres. List type of aquatic resource:
❑X Wetlands: 0.613 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):
0 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
0 Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑X 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:
0 U.S. Geological Survey Hydrologic Atlas:
OUSGS NHD data.
❑X USGS 8 and 12 digit HUC maps.
0 U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Harrisburg
❑ USDA Natural Resources Conservation Service Soil Survey. Citation:
❑X National wetlands inventory map(s). Cite name: USFWS
Page 7 of 8 Fonn Version 10 June 2020

❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-ycar Flo odplain Elevation is: (National Geodectic Vertical Datum of 1929)
0 Photographs: ❑X Aerial (Name & Date): 2019 aerial imagery and 2022 google earth images
Or ❑X Other (Name & Date): Site photographs 10/12/2022
❑ 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:
A site meeting with the Army Corps of Engineers took place on January 31, 2023.
The boundaries of WL 1000 were adjusted, but the Corps concurs that WL 1000 is an isolated feature
Page 8 of 8 Fonn Version 10 June 2020

Aquatic Resources Sketch Map
;x
adk
k
Isolated Wetland '
WL 1000: — 0.613 Ac. "�
n
�� d 5t°fie
AL'A Irv-
�
• f7
w'
F �A � 1
1 end
r Review Area ^ N
Streets
7 Cabarrus Co. Parcels'�'t -:
Aerial Imagery
Delineation F
F:. Wetland 0 100 200 300 400 Ft
I,';;' ,, ,
AQLocation:
❑NMENTAL
Page 2 of 2 Figure: lb
Project Name: AMC 150
5301 Stowe Lane Charlotte, NC 28262
For: Acro Development Services Attn: Karen Shea
Coordinates: 35.355251°,-80.702846'
Date: Febuary 20, 2023

Isolated Wetland
WL 1000: - 0.613 Ac.
Legend
p Review Area
Streets
O Cabarrus Co. Parcels
Contours: 2 Ft
Delineation
Wetland
'5Ketcn Map proviaea Tor wustrative
purposes and preliminary planning only. Aquatic Resources Sketch Map
Not intended to be relied upon for exact
location, dimension, or orientation. All
findings and assessments are subject to
verification from the Army Corps of
Engineers, NC Division of Water
Resources, and/or other appropriate
local authorities. Do not reproduce map
set except in its entirety.
0
I
C
hq
0 100 200 300 400 Ft
❑NMLAQLocation:
ENTAL
Page 1 of 2 Figure: la
Project Name: AMC 150
Drawn By: ITS
5301 Stowe Lane Charlotte, NC 28262
Verified By:CPG
01�—w
For: Acro Development Services Attn: Karen Shea
Coordinates: 35.355251 °,-80.702846'
Date: Febuary 20, 2023

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-00475County: Cabarrus U.S.G.S. Quad: NC -Harrisburg
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Charlotte Motor Speedway
Gene Cocchi
Address:
6000 Monroe Road. Suite 100
Charlotte, NC 28212
Telephone Number:
980-417-4288
E-mail:
gene.cocchikhendrickauto.com
Size (acres) 61.55
Nearest Waterway Rocky River
USGS HUC 03040105
Nearest Town Concord
RiverBasin Upper Pee Dee
Coordinates Latitude:35.361838
Longitude:-80.698774
Location description: Project is located at 6950 Bruton Smith Blvd, Concord, Cabarrus County, North Carolina. PIN:
45989740610000 (partial)
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appearto be waters onthe above described project area/property, thatmay be subjectto Section 404 ofthe Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has beenverifiedby the Corps to be sufficiently accurate and reliable. The approximate boundaries
of these waters are shown on the enclosed delineation mapdated 2/21/2023. Therefore this preliminary jurisdiction determination
maybe used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of
impacts, compensatory mitigationrequirements, and other resource protection measures, a permit decision made on the basis of a
preliminary JD will treat a ll waters and wetlands that would be affected in anyway by the permitted activity on the site as if they
are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 331). However, you may requestan approved JD, which is an appealable
action, by contactingthe Corps district for further instruction.
❑ There appear to be waters on the above described project area/property, thatmay be subjectto Section 404 of the Clean Water
Act (CWA)(33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters
have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process.
Without a verified wetland delineation, this preliminary determination is merely an effective presumption of C WA/RHA
jurisdiction over allof the waters at the project area, which is not sufficiently accurate andreliable to support anenforceable
permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able
to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultantto conduct a delineation that can
be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above describedproject area/property subjectto the permit
requirements of Section 10 of the Rivers andHarbors Act (RHA) (33 USC § 403) and Section 404 ofthe Clean WaterAct
(CWA)(33USC§ 1344). Unless there is a change in law or our published regulations, this determination maybe relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waterson the above described project area/property subjectto the permit requirements of Section 404 ofthe Clean
WaterAct(CWA)(33USC§ 1344). Unless there is a change in the law or our published regulations, this determination maybe
relied upon fora period notto exceed five years from the date ofthis notification.
❑ We recommend you have the waters on your project area/property delineated. As the Corps may notbe able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation thatcan be verified by
the Corps.
❑ The waters on yourproject area/property have been delineated and the delineation has beenverifiedby the Corps. The
approximate boundaries of these waters are shown onthe enclosed delineationmapdatedDATE. We strongly suggest youhave
this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey

SAW-2023-00475
will provide an accurate depiction of all areas subject to CWAjurisdiction on your property which, provided there is no change in
the law or our published regulations, maybe relied upon for a periodnotto exceed five years.
❑ The waters have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official
identified below onDATE. Unless there is a change in the law or our published regulations, this determination maybe relied
upon for a period not to exceed five years from the date of this notification.
® There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subj ectto the
permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination maybe relied upon for a period notto exceed five years from the date of this notification.
❑ The property is located in one ofthe 20Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of CoastalMa nagement in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill materialwithin waters of the US, in cludin g wetlands, without a Department ofthe Army permit may
constitute a violation of Section301 of the Clean WaterAct (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters ofthe United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
rega rdin g this determination and/or the Corps regulatory program, please contact Krystynka B Stygar at 252-545-0507 or
krystynka.b.stygar&gsace.army.mil.
C. Basis For Determination: Based on information submitted by the applicant and available to the U.S.
Army Corps of Engineers, the project area exhibits no criteria for waters of the U.S. as defined in 33
CFR 328, Regulatory Guidance Letter 05-05, the 1987 Wetland Delineation Manual, and/or the
Regional Supplement to the 1987 manual: Eastern Piedmont and Mountains v2.0: See the approved
_jurisdictional determination form dated 3/13/2023.: See the approved jurisdictional determination
form dated 3/13/2023.
D. Remarks: See aquatic resources on map, "AMC 300- 0212212023 "
E. Attention USDA Program Participants
This delineation/determinationhas beenconductedto identify the limits of Corps' Clean Water Act jurisdiction forthe particular site
identified in this request. The delineation/determination may notbe valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrativeappeal under Corps regulations at33CFRPart 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. Ifyourequest to appealthis
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth StreetSW,FloorM9
Atlanta, Georgia 3 0303-8803
AND
PH I L I P.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, thatit meets the criteria for appeal
under 33 CFR part 331.5, andthat it has been received by the Division Office within 60 days of the date ofthe NAP. Should you
decide to submit an RFA form, it must be received at the above address by 05/07/2023.
* *It is not necessary to submit anRFAform to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 3/13/2023 ExpirationDate of JD:3/13/2028

SAW-2023-00475
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished:
Agent: Atlas Environmental Inc
Jennifer Robertson
Address: 338 S. Sharon Amity Road # 411
Charlotte, NC 1206
Telephone Number: 704-512-1206
E-mail: jrobertson(a atlasenvkcom

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Charlotte Motor Speedway, Gene Cocchi File Number: SAW-2023-00475I
Date: 3/13/2023
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMITDENIAL
C
®
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies yourrights and options regarding an administrative appealof the above decision.
Additional information may be found at orhttp://www.usace.army.mil/Missions/CivilWorks/RegulatoryProaamandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain term sand conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit yourright to appealthe permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a)modify the permit to address allof your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluatingyour objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appealthe permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and yourwork is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appealthe permit, including its terms and conditions, and approved jurisdictionaldeterminations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appealthe declined permit underthe Corps of Engineers Administrative AppealProcess by completing Section II of
this form and sendingthe form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appealthe denialof a permit underthe Corps of Engineers Administrative AppealProcess by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept orappealthe approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appealthe approved JD.
• APPEAL: If you disagree with the approved JD, you may appealthe approved JD under the Corps of Engineers
Administrative AppealProcess by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which maybe appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe yourrea sons for appea ling the decision or your obj ections to an initial
proffered permit in clear concise statements. You may attach additionalinformation to this form to clarify where yourreasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appealis limited to a review of the administrative record, the Corps memorandum forthe
record of the a ppea I conference ormeeting, and any supplemental information that the review officerha s determined is needed to
clarify the administrative record. Neither the appellant northe Corps may add new information oranalysesto the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regardingthis decision and/or the
If you only have questions regardingthe appealprocess you may
appealprocess you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Krystynka B Stygar
ADMINISTRATIVE APPEAL REVIEW OFFICER
Charlotte Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
8430 University Executive Park Drive, Suite 615
ATLANTA, GEORGIA 30303-8803
Cha rlottc, No rth Carolina 28262
PHONE: [phone]; FAX[phone]
EMAIL: PHILIP.A.SHANNINna,USACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appealprocess. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Krystynka B Stygar, 8430University Executive Park Drive, Suite
615, Charlotte, North Carolina 28262
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CE SAD-PDO, 60 Forsyth Street, Room 10M15, Atla nta, Georgia 30303-8801
Phone: [phone]

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 3/13/2023
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, AMC 300, SAW-2023-00475
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Project is located at 6950 Bruton Smith Blvd, Concord, Cabarrus
County, North Carolina. PIN: 45989740610000 (partial)
State: NC County/parish/borough: Cabarrus City: Concord
Center coordinates of site (lat/longin degree decimal format): Lat. 35.361838 , Long.-80.698774
Universal Transverse Mercator:
Name of nearest waterbody: Rocky River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03040105
® 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: March 13, 2023
® Field Determination. Date(s): February 21, 2023
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters ofthe 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 maybe susceptible for use to transport interstate or foreign commerce. Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are not"waters ofthe U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFRpart 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):'
El TNWs, including territorial seas
❑Wetlands adjacentto TNWs
❑Relatively permanent waters 2 (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: linear feet, wide, and/or 0.042 acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Established OHWM
Elevation of established OHWM (if known):
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 Forpurposes 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).
Page 1 of 8 Form Version 10 June 2020

Non -regulated waters/wetlands (check if applicable) : 3
❑X Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain:
SCM 1 is a non -regulated stormwater control measure with no hydrological connection to any jurisdictional features.
SECTION III: CWA ANALYSIS
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
IILA.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
III.D.1.; otherwise, see Section 11111 below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
WetlandadjacenttoTNW
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 anRPW 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 waterbody4 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 adj acent 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 adj acent to that tributary, both onsite and offsite. The determination whether a
significant nexus exists is determined in SectionIII.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Choose an item.
Drainage area: Choose an item.
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Choose an item. tributaries before entering TNW.
Project waters are Choose an item. river miles from TNW.
Project waters are Choose an item. river miles from RPW.
Project waters are Choose an item. aerial (straight) miles from TNW.
Project waters are Choose an item. aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
s Supporting documentation is presented in Section IILF.
Note that the histructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
Page 2 of 8 Form Version 10 June 2020

Identify flow route to TNW 5:
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that an)lv):
Tributary is: ❑Natural
❑Artificial (man-made). Explain:
❑Manipulated (man -altered). Explain:
Tributary properties with respectto top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Choose an item..
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑Cobbles El Gravel ❑Muck
❑Bedrock ❑Vegetation. Type/%cover:
El Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Choose an item.
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Choose an item.
Estimate average number of flow events in review area/year: Choose an item.
Describe flow regime:
Other information on duration and volume:
Surface flow is: Choose an item.. Characteristics:
Subsurface flow: Choose an item.. 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 El the presence of litter and debris
❑ changes in the character of soil ❑ destruction of terrestrial vegetation
❑ shelving El the presence of wrack line
❑ vegetation matted down, bent, orabsent ❑ sediment sorting
❑ leaf litter disturbed or washed away
❑ sediment deposition
El water staining
❑ other (list):
❑Discontinuous OHWM.7 Explain:
❑scour
❑multiple observed or predicted flow events
❑X abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
El High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line alongshore objects ❑ survey to available datum;
'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.
6A natural or man-made discontinuity in the OIIWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the
OIIWM has been removed by development or agricultural practices). Where there is a break in the OIIWM 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.
'lbid.
Page 3 of 8 Fonn Version 10 June 2020

❑ fine shell or debris deposits (foreshore) ❑physical markings;
❑physical markings/characteristics ❑vegetation lines/changes in vegetation types.
❑tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
❑Riparian corridor. Characteristics (type, average width):
❑Wetland fringe. Characteristics:
❑Habitat for:
El 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 Relationship with Non-TNW:
Flow is: Choose an item. Explain:
Surface flow is: Choose an item.
Characteristics:
Subsurface flow: Choose an item.. Explain findings:
❑Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
El Directly abutting
❑Not directly abutting
El Discrete wetland hydrologic connection. Explain:
❑Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Choose an item. river miles from TNW.
Project waters are Choose an item. aerial (straight) miles from TNW.
Flow is from: Choose an item..
Estimate approximate location of wetland as within the Choose an item. 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):
El Riparian buffer. Characteristics (type, average width):
❑Vegetation type/percent cover. Explain:
Page 4 of 8 Fonn Version 10 June 2020

❑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: Choose an item.
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 beingperformed:
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 adj acent 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 rearingyoung 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 food webs?
• 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 IILD:
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 combinationwith all of its adjacent wetlands,
then go to Section IILD:
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 IILD:
L. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT
APPLY):
TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
❑Wetlands adjacentto TNWs: acres.
R. RPWs that flow directly or indirectly into TNWs.
Page 5 of 8 Fonn Version 10 June 2020

❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is
perennial:
❑ 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: linear feet wide.
❑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, wide.
El Other non -wetland waters: acres.
Identify type(s) of waters:
4. 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 IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicatingthat tributary is seasonal
in Section IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. 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 supportingthis conclusion is
provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. 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 supportingthis conclusion is
provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
T Impoundments of jurisdictional waters.9
Asa 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
El Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION
OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK
ALL THAT APPLY): to
❑which are or could be used by interstate or foreign travelers for recreational or other purposes.
'See Footnote # 3.
'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10Prior 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 Following Rapanos.
Page 6 of 8 Fonn Version 10 June 2020

❑ from which fish or shellfish are or could betaken 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:
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, wide.
❑Other non -wetland waters: acres.
Identify type(s) of waters:
❑Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
OIf 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:
El 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, wide.
❑Lakes/ponds: acres.
❑Other non -wetland waters: acres. Listtype 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, wide.
❑Lakes/ponds: acres.
0Other non -wetland waters: 0.042 acres. List type of aquatic resource: Stormwater Control Measure 1 (SCM 1)
❑ 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):
0 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
0 Data sheets prepared/submitted by or on behalf of the applicant/consultant.
0 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:
0 U.S. Geological Survey Hydrologic Atlas:
OUSGS NHD data.
❑X USGS 8 and 12 digit HUC maps.
0 U.S. Geological Survey map(s). Cite scale & quad name: GIS Database
0 USDA Natural Resources Conservation Service Soil Survey. Citation: WebSoil Survey: Cabarrus County
0 National wetlands inventory map(s). Cite name: USFWS Download
Page 7 of 8 Fonn Version 10 June 2020

❑ State/Local wetland inventory map(s):
0 FEMA/FIRM maps: NFHI .kml layer
❑ 100-ycar Flo odplain Elevation is: (National Geodectic Vertical Datum of 1929)
❑X Photographs: ❑X Aerial (Name & Date): Most Recent NC One Map Aerial Imagery
Or ❑X Other (Name & Date): February, 21, 2023
❑ 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:
Page 8 of 8 Fonn Version 10 June 2020

Aquatic Resources Sketch Map
W,
0
0
Legend
p Review Area
Streets
O Cabarrus Co. Parcels
Contours: 2 Ft
fW
O
(etch Map provided for illustrative purposes
id preliminary planning only. Not intended
be relied upon for exact location,
mension, or orientation. All findings and
>sessments are subject to verification from
e Army Corps of Engineers, NC Division of
'ater Resources, and/or other appropriate
cal authorities. Do not reproduce map set
ccept in its entirety.
Stormwater Control I
Measure: 0.042 Ad
Delineation 11 1 1 1 1 1 1
Note: No jurisdictional waters 0 200 400 600 800 Ft. °��'OiP,
Stormwater Control Measure identified within review area t
n
LAQ
19jIONIVIENTAL
Page 1 of 2 Figure: 1a
Project Name: AMC 300
g d A
Location: 6950 Bruton Smith Blvd Concord, NC 28027
F
p�JAC � RAVIB 91NCtA1RF
For: HSREI, LLC Attn: Gene Cocchi
Fs�, 81H0 PW8
aygiwene�0
Coordinates: 35.361838°,-80.698774'
Date: February 22, 2023

a Aquatic Resources Sketch Map
Ii:.lmt I�r1:1:111 Ids' • .. 1 n ,itr•: +e+ = •. • • - .
�Iii�lijISlll�ljli{�� Illuu'I''V _11�t�'I�li�1'r3'i 1 1 I+1:•. 1 �' .yM • J
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Legend
Review Area
Streets
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Delineation
Note: No jurisdictional waters
Stormwater Control Measure identified within review area
1jg
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I_ Measure- - 0.042 Ac
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❑NMENTAL
Page 2 of 2 Figure: lb
Project Name: AMC 300
6950 Bruton Smith Blvd Concord, NC 28027
For: HSREI, LLC Attn: Gene Cocchi
Coordinates: 35.361838°,-80.698774'
Date: February 22, 2023

4P¢��r,-NT Op,,. FISH
&WI ELIFE
SEWUnited States Department of the Interior
A ' FISH AND WILDLIFE SERVICE pia
�q¢CH 3 yak Asheville Field Office
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
May 3, 2023
Mr. David Rabon
Atlas Environmental, Inc.
338 S. Sharon Amity Road, 9411
Charlotte, North Carolina 28211
Subject: AMC 150 Commercial Development in Concord, Cabarrus County, North Carolina.
Dear Mr. Rabon:
On March 30, 2023, we received (via email) your information requesting our review of the subject
project. We have reviewed the information that you presented for this request and the following
comments are provided in accordance with the provisions of the National Environmental Policy Act (42
U.S.C.§ 4321 et seq.) and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531
- 1543) (Act).
Proiect Description
According to the information provided, Acro Development Service proposes to construct a commercial
development and associated infrastructure on approximately 28 acres at 5301 Stowe Lane in Concord,
Cabarrus County, North Carolina.
Federally Listed Species
An assessment of suitable habitat and potential impacts to three species was conducted by environmental
specialist with Atlas Environmental, Inc. on October 12, 2022 and January 11, 2023. The findings were
compiled and included in the review request submitted to our office on March 30, 2023. The following
species and their associated habitats were evaluated.
Species
Status'
Monarch
Danaus plexippus
CAN
Schweinitz's sunflower
Helianthus schweinitzii
E
Tricolored bat
Perimyotis subflavus
PE
'E = endangered, PE = proposed endangered, and CAN =
candidate species.
Monarch butterfly is a candidate species, and we appreciate the project proponent Is consideration of
monarch butterfly when evaluating the action area for impacts to federally listed species and their
habitats. The species is not subject to section 7 consultation, and an effects determination is not necessary.
General recommendations for pollinators can be provided and would be protective of monarch butterfly
should the project proponent like to implement them in the future.

The review request states that suitable habitat for Schweinitz's sunflower is present on site; however, the
species was not observed during surveys. Based on negative results of visual surveys conducted on
October 12, 2022, we would concur with a "may affect, not likely to adversely affect" determination from
the lead federal action agency for this species.
Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14,
2022, the U.S. Fish and Wildlife Service (Service) published a proposal in the Federal Register to list the
tricolored bat as endangered under the Act. The Service has up to 12 months from the date the proposal
published to make a final determination, either to list the tricolored bat under the Act or to withdraw the
proposal. The Service determined the bat faces extinction primarily due to the range -wide impacts of
white -nose syndrome (WNS). Because tricolored bat populations have been greatly reduced due to WNS,
surviving bat populations are now more vulnerable to other stressors such as human disturbance and
habitat loss. Species proposed for listing are not afforded protection under the Act; however, as soon as a
listing becomes effective (typically 30 days after publication of the final rule in the Federal Register), the
prohibitions against jeopardizing its continued existence and "take" will apply. Therefore, if you suspect
your future or existing project may affect tricolored bats after the potential new listing goes into effect, we
recommend analyzing possible effects of the project on tricolored bats and their habitat to determine
whether consultation under section 7 of the Act is necessary. Conferencing procedures can be followed
prior to listing to ensure the project does not jeopardize the existence of a species. Projects with an
existing section 7 biological opinion may require re -initiation of consultation to provide uninterrupted
authorization for covered activities. Please contact our office for additional guidance or assistance.
We believe the requirements under section 7 of the Act are fulfilled for the federally listed species
discussed above. However, obligations under section 7 of the Act must be reconsidered if (1) new
information reveals impacts of the identified action may affect listed species or critical habitat in a
manner not previously considered, (2) the identified action is subsequently modified in a manner that was
not considered in this review, or (3) a new species is listed, or critical habitat is determined that may be
affected by the identified action.
Fish and Wildlife Resource Recommendations
We offer the following general recommendations for the benefit of fish and wildlife resources:
Erosion and Sedimentation Control. Construction activities near aquatic resources, streams,
and wetlands have the potential to cause bank destabilization, water pollution, and water quality
degradation if measures to control site runoff are not properly installed and maintained. In order
to effectively reduce erosion and sedimentation impacts, best management practices specific to
the extent and type of construction should be designed and installed prior to land -disturbing
activities and should be maintained throughout construction. Natural fiber matting (coir) should
be used for erosion control as synthetic netting can trap animals and persists in the environment
beyond its intended purpose. Land disturbance should be limited to what can be stabilized
quickly, preferably by the end of the workday. Once construction is complete, disturbed areas
should be revegetated with native riparian grass and tree species as soon as possible. For
maximum benefits to water quality and bank stabilization, riparian areas should be forested;
however, if the areas are maintained in grass, they should not be mowed. The Service can provide
information on potential sources of plant material upon request.
A complete design manual that is consistent with the requirements of the North Carolina
Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following
website: https:lldeq.nc.govlabout/divisions/energy-mineral-land-resources.

Impervious Surfaces/Stormwater/Low Impact Development (LID). Increased development
contributes to the increased quantity and decreased quality of stormwater entering project area
waterways. Additionally, increased development outside the floodplain increases stormwater
flows already caused by the lack of or loss of riparian buffers and floodplain development. Recent
studies' have shown that areas of 10 percent to 20 percent impervious surface (such as roofs,
roads, and parking lots) double the amount of stormwater runoff compared to natural cover and
decrease deep infiltration (groundwater recharge) by 16 percent. At 35 — 50 percent impervious
surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75 percent
impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is
decreased by 80 percent. Additionally, the adequate treatment of stormwater at project sites is
essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect
pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via stormwater
runoff) to receiving waters. According to the Environmental Protection Agency, this
nonpoint-source pollution is one of the major threats to water quality in the United States, posing
one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in
human populations from exposure through drinking water and contact recreational.
Increased stormwater runoff also directly damages aquatic and riparian habitat, causing
streambank and stream channel scouring. Additionally, impervious surfaces reduce groundwater
recharge, resulting in even lower than expected stream flows during drought periods, which can
induce potentially catastrophic effects for fish, mussels, and other aquatic life. To avoid any
additional impacts to habitat quality within the watershed, we recommend that all new
developments, regardless of the percentage of impervious surface area created, implement
stormwater retention and treatment measures designed to replicate and maintain the hydrograph at
the preconstruction condition.
We recommend the use of low impact development techniques,Z such as reduced road widths,
grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining
and treating stormwater runoff rather than the more traditional measures, such as large retention
ponds, etc. These designs often cost less to install and significantly reduce environmental impacts
from development.
Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to
reaching any natural stream or wetland area. Detention structures should be designed to allow for
the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges;
thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of
stormwater control measures is to protect streams and wetlands, no stormwater control measures
or best management practices should be installed within any stream (perennial or intermittent) or
wetland.
We also recommend that consideration be given to the use of pervious materials (i.e., pervious
concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways,
sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be
used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store
'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government).
Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices.
GPO Item No. 0120-A; SuDocs No. A 57.6/2: EN 3/PT.653. ISBN-0-934213-59-3.
2We recommend visiting the Environmental Protection Agency's Web site (ht62://www.fga.goL/polluted-runoff-
nonpoint-sourcepollution/urban-runo(f--low-impact-development) for additional information and fact sheets
regarding the implementation of low -impact -development techniques.

heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete
requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within
the concrete.
Use of any of the proposed stormwater collection devices described above will dramatically
decrease the quantity and increase the quality of stormwater runoff.
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of
our staff at rebekah reid(afws.gov, if you have any questions. In any future correspondence concerning
this project, please reference Log Number 4-2-23-372.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor
4