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HomeMy WebLinkAbout20240259 Ver 1_Attachments_20240209Property Card(s) MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed Identity Parcel ID GIS ID 05109101 105109101 Property Characteristics Legal desc NA Land Area 11.66 AC Fire District CHARLOTTE RURAL Special District FIRE SERVICE A Account Type NC CORP Municipality MECKLENBURG COUNTY -UNINCORPORATED Property Use SINGLE FAMILY RESIDENTIAL - ACREAGE Zoning Contact appropriate Planning Department or see Map. Post Construction District Water Quality Buffer Jurisdiction Charlotte Parcel Inside Water Quality Buffer INo District Yadkin -Southeast Catawba 02/08/2024 Ownership Owner Name Mailing Address MECK29APT LLC 332 MILITARY CUTOFF RD WILMINGTON NC 28405 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 37829-245 12/14/2022 $1,124,500.00 29599-974 11/26/2014 $0.00 00145-251 03/24/1938 $0.00 FEMA and Community Floodplain FEMA Panel# 3710459800K FEMA Panel Date 03/02/2009 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood Zone OUT:VIEW COMMUNITY FLOODPLAIN ITOVERIFY Situs Addresses Tied to Parcel 12900 US 29 HY UNINC Site Location ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 56.11 Stream Watershed Districts Stream Watershed Name I MALLARD This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed Identity Parcel ID GIS ID 05109106 105109106 Property Characteristics Legal desc NA Land Area 26.14 AC Fire District CHARLOTTE RURAL Special District FIRE SERVICE A Account Type NC CORP Municipality MECKLENBURG COUNTY -UNINCORPORATED Property Use SINGLE FAMILY RESIDENTIAL - ACREAGE Zoning Contact appropriate Planning Department or see Map. Post Construction District Water Quality Buffer Jurisdiction Charlotte Parcel Inside Water Quality Buffer I Yes District Yadkin -Southeast Catawba 02/08/2024 Ownership Owner Name Mailing Address MECK29 APT LLC 332 MILITARY CUTOFF RD WILMINGTON NC 28405 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 37816-36 12/08/2022 $2,682,000.00 10232-130 02/02/1999 $0.00 01819-135 01/01/1975 $0.00 FEMA and Community Floodplain FEMA Panel# 3710459800K FEMA Panel Date 03/02/2009 FEMA Flood Zone OUT:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood Zone OUT:VIEW COMMUNITY FLOODPLAIN ITOVERIFY Situs Addresses Tied to Parcel US 29 HY UNINC Site Location ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 56.11 Stream Watershed Districts Stream Watershed Name I MALLARD This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 MECKLENBURG COUNTY, North Carolina POLARIS 3G PARCEL OWNERSHIP AND GIS SUMMARY Date Printed Identity Parcel ID GIS ID 05108127 105108127 Property Characteristics Legal desc NA Land Area 50.074 AC Fire District CHARLOTTE RURAL Special District FIRE SERVICE A Account Type NC CORP Municipality MECKLENBURG COUNTY -UNINCORPORATED Property Use SINGLE FAMILY RESIDENTIAL - ACREAGE Zoning Contact appropriate Planning Department or see Map. Post Construction District Water Quality Buffer Jurisdiction Charlotte Parcel Inside Water Quality Buffer I Yes District Yadkin -Southeast Catawba 02/08/2024 Ownership Owner Name Mailing Address MECK29TH LLC 332 MILITARY CUTOFF RD WILMINGTON NC 28405 Deed Reference(s) and Sale Price Deed Sale Date Sale Price 37842-162 12/20/2022 $3,570,000.00 27136-139 02/27/2012 $0.00 04763-714 12/16/1983 $0.00 FEMA and Community Floodplain FEMA Panel# 3710459800K FEMA Panel Date 03/02/2009 FEMA Flood Zone IN:VIEW FEMA FLOODPLAIN TO VERIFY Community Flood Zone IN:VIEW COMMUNITY FLOODPLAIN TO VERIFY Situs Addresses Tied to Parcel MALLARD CREEK RD UNINC Site Location ETJ Area Charlotte Charlotte Historic District No Charlotte 6/30/2011 Annexation Area No Census Tract # 56.11 Stream Watershed Districts Stream Watershed Name I MALLARD This map or report is prepared for the inventory of real property within Mecklenburg County and is compiled from recorded deeds, plats, tax maps, surveys, planimetric maps, and other public records and data. Users of this map or report are hereby notified that the aforementioned public primary information sources should be consulted for verification. Mecklenburg County and its mapping contractors assume no legal responsibility for the information contained herein. Page 1/1 CABARRUS COUNTY. INC 2/8/2024 6:43:11 PM CAB29WARE LLC Return/Appeal Notes: Parcel: 4598 54 6146 0000 6837 HUDSPETH RD HARRISBURG NC 28075 PLAT:00000/00000 159872 ID NO: 02 041 0008.00 0000 COUNTY TAX (100), HARRISBURG FIRE RURAL (100) CARD NO. 1 of 1 Reval Year: 2024 Tax Year: 2024 SOUTH SIDE HUDSPETH RD W 14.2800 AC SRC= Appraised by SS on 07/11/2022 50021 CHARLOTTE MOTOR SPEEDWAY TW-02 CI-00 FR-07 EX- AT- LAST ACTION 20240105 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE Foundation - 3 1 FOBS Functional 10.30000 Continuous Footing 5.00 USE MOD Eff. Area UAL BASE RATE RCN IEYBIAYBI Obsolescence TO MARKET Sub Floor System - 4 IStandard 0.33000CREDENCE Plywood 8.00 01 01 1 1,529 1146 183.96 28127411991119661 % GOOD 137.0 DEPR. BUILDING VALUE - CARD 104,07 Exterior Walls - 21 Face Brick 35.00 TYPE: SINGLE FAMILY RESIDENTIAL SINGLE FAMILY HOME STYLE: 5 - Ranch w/ basement DEPR. OB/XF VALUE - CARD 0 MARKET LAND VALUE - CARD 584,770 TOTAL MARKET VALUE - CARD 688,840 Roofing Structure - 03 Gable 7.00 TOTAL APPRAISED VALUE - CARD 688,840 TOTAL APPRAISED VALUE - PARCEL 688,840 Roofing Cover - 03 Asphalt or Composition 3.00 TOTAL PRESENT USE VALUE - PARCEL 0 Shingle TOTAL VALUE DEFERRED - PARCEL 0 TOTAL TAXABLE VALUE - PARCEL $ 688,840 Interior Wall Construction - 5 Drywall/Sheetrock 20.00 PRIOR Interior Floor Cover - 12 BUILDING VALUE 49,760 Hardwood 14.00 OBXF VALUE 0 LAND VALUE 638,320 Heating Fuel - 02 Oil Wood or Coal 0.00 PRESENT USE VALUE 0 DEFERRED VALUE 0 Heating Type - 04 Forced Air - Ducted 4.00 16' TOTAL VALUE 688,080 Air Conditioning Type - 01 PERMIT None 0.00 IT CODE I DATE I NOTE I NUMBER AMOUNT Bedrooms/Bathrooms/Half- ROUT: WTRSHD: Bathrooms 3/1/0 8.000 27' SALES DATA Bedrooms OFF. INDICATE BAS -3FUS -0LL-O _ �P BAS RECORD DATE DEED TYPEQ/UV/1 SALES PRICE BOOK PAGE MO R Bathrooms BAS - 1 FUS - 0 LL - 0 16304 2438 10054 0187 12 2 2022 1999 SW WD Q Q I I 688500 399000 Half -Bathrooms BAS - 0 FUS - 0 LL - 0 2438 10060 2 1999 WD U I 550000 HEATED AREA 1,242 Office NOTES BAS - 0 FUS - 0 LL - 0 0 11 15' TOTAL POINT VALUE 104.000 25.71 AC ASSESSED IN MECKLENBURG COGAS LINE R-W 3 OB NV 99 SALE=39.95 C 19.62 AC IN MECK. CO. BUILDING ADJUSTMENTS Quality 3 lAveragel 1.0000 Shape/Design 1 3 1 MF3 1 1.0000 Size ISizel Size 1 1.4000 TOTAL ADJUSTMENT FACTOR 1.400 TOTAL QUALITY INDEX 146 6' U4P 15' Click on image to enlarge SUBAREA UALIT DESCRIPTION OUN LT WTHUNIT UNIT PRICE ORIG % COND BLDG# SIZE FACT YBEY ANN DEP RATE jOVRj % COND OB/XF DEPR. VALUE GS CODE OB/XF VALUE 0 TYPE AREA % RPL CS TOTAL BAS 1,242100 228478 UBM* 1,242 20 45622 UOP 156 25 717 FIREPLACE 1 - None 0 SUBAREA 2,640 281,27 TOTALS BUILDING DIMENSIONS BAS=W46S27E31E15N11N16Area:1242;UOP=S6E15N6W15Area:90;UOP=E6N11W6S11Area:66;UBM=Area:1242;TotalArea:2640 LAND INFORMATION HIGHEST OTHER ADJUSTMENTS TOTAL AND BEST USE LOCAL FRON DEPTH LND COND AND NOTES ROADLAND UNIT LAND UNT TOTAL ADJUSTED LAND OVERRIDE LAND USE CODE ZONING TAGE DEPTH / SIZE MOD FACT RF AC LC TO OT TYPE PRICE UNITS TYP ADJST UNIT PRICE VALUE VALUE NOTES INDUSTRIAL 0600 LI 100 1.0650 6 0.2200 03-40 +00-30 -05 SP 175,000.00 14.280 AC 0.23 40,950.00 584766 0 SHP TOTAL MARKET LAND DATA 14.280 584,770 TOTAL PRESENT USE DATA Jurisdictional Determination SAW-2021-02033 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02033 County: Mecklenburg U.S.G.S. Quad: NC -Charlotte West NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Speedway Hudspeth, LLC Scott Coblentz Address: 2820 Selwyn Avenue, Suite 500 Charlotte, NC 28209 Telephone Number: 704-494-7497 E-mail: soblentz(&southstreetpartners.com Size (acres) 52.08 Nearest Town Charlotte Nearest Waterway Mallard Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.345899 Longitude:-80.694599 Location description: The review area is located on the south side of Salisbury Road; approximately 0.4 miles south of the intersection of Salisbury Road and Morehead Road. PINs: 05109101, 05109106, and 459854614. Reference review area descrintion shown in the Jurisdictional Determination Request nackage entitled "Figure 1, Site Location Man" and dated 06/03/21. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/3/2021. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way 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 contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands 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 CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands 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 consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands 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 consultant to conduct a delineation that can be verified by the Corps. SAW-2021-02033 ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands 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 may 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, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the 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 regarding this determination and/or the Corps regulatory program, please contact Bryan Roden -Reynolds at 704-510-1440 or b rvan.rod en-reynold s(&u sace.army. mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 10/04/2021. D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be 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 administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this 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 Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINAUSACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Bryan Roden -Reynolds Corps Regulatory Official: 2021.10.04 11:53:20-04'00' SAW-2021-02033 Date of JD: 10/04/2021 Expiration Date of JD: Not applicable 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 our Customer Satisfaction Survey, located online at https://re u1�atOr,�.ops.usace.army.mil/customer-service-survey/. Copy Furnished: 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.artny.mlVcm_apex/Vp=136:4:0 Copy furnished: Agent: ECS Southeast, LLP Ron John son Address: 1812 Center Park Drive, Suite D Charlotte, NC 28217 Telephone Number: 704-995-3963 E-mail: rgiohnson(&eclimited.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Speedway Huds eth LLC. Scott Coblentz File Number: SAW-2021-02033 Date: 10/04/2021 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/ReaulatoryProgramandPennits.asi) 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 your work 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 appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and 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 your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of 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 evaluating your 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 appeal 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 your work 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 appeal the permit, including its terms and conditions, and approved jurisdictional determinations 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 appeal the declined permit under the Corps of Engineers Administrative Appeal Process 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. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process 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 or appeal the 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 appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process 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 may be 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 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 appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to 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 regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Bryan Roden -Reynolds 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 Charlotte, North Carolina 28262 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.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 appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum 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: Bryan Roden -Reynolds, 69 Darlington Avenue, Wilmington, North Carolina 28403 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, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/04/2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Speedway Hudspeth, LLC, Scott Coblentz, 2820 Selwyn Avenue, Suite 500, Charlotte, NC 28209 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Hudspeth Speedway Site, SAW-2021-02033 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is located on the south side of Salisbury Road; approximately 0.4 miles south of the intersection of Salisbury Road and Morehead Road. PINS: 05109101, 05109106, and 459854614. Reference review area description shown in the Jurisdictional Determination Request package entitled "Figure 1, Site Location Map" and dated 06/03/21. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.345899 Longitude:-80.694599 Universal Transverse Mercator: Name of nearest waterbody: Mallard Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 10/04/21 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Feature Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. non- resource "may be" resources in wetland waters) subject (i.e., Section 404 review area or Section 10/404) (acreage and linear feet, if applicable S1 35.346425 -80.692797 120 linear feet Non -wetland 404 S2 35.345381 -80.693658 254 linear feet Non -wetland 404 S3 35.346092 -80.692908 1571 linear feet Non -wetland 404 S4 35.342158 -80.69065 97 linear feet Non -wetland 404 S5 35.339831 -80.691133 798 linear feet Non -wetland 404 W 1 35.342247 -80.691367 0.002 acre Wetland 404 W2 35.345722 -80.693475 0.14 acre Wetland 404 W3 35.345722 -80.693475 0.005 acre Wetland 404 P1 35.341508 -80.691561 0.2 acre Non -wetland 404 The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1- 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑ U. S. Geological Survey Hydrologic Atlas: ❑USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, USGS Topographic Mau (7.5-minute auadrangle Charlotte West, NC) ®Natural Resources Conservation Service Soil Survey. Citation: Figure 3, USDA-NRCS Soil Survey Map (Web Soil Survey of Mecklenburg and Cabarrus Counties) ® National wetlands inventory map(s). Cite name: Figure 4, USFWS National Wetland Inventory (USFWS NWI Mapper) ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Figure 5, FEMA Flood Map (National Flood Hazard Laver) ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 1, Site Location Map (Dated 06/03/21) and Figure 6, Potential Wetlands/Waters of the U.S. (Dated 06/03/21) or ® Other (Name & Date): Photographs 1-9 ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): NCDWO Stream identification Forms, Version 4.11 (Dated 05/27/21) IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later Jurisdictional determinations. Bryan Roden -Reynolds 2021.10.04 11:52:43-04'00' Signature and date of Regulatory staff member completing PJD 10/04/2021 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. o co > O � O N U) U) L M� Z Z p Z wz > m N O O O � N) w-� aLu Oz< www �mQm U)Z 7J aLU N Cfl i .., U ai 2 Y U J H (n a s ��N �H<S ma Y y O .. O Z ti W U V)z N z W �_ zm} U1Z' wW=m Z)< �zz U co 0 w M o O Z 2 z H O�uQ H 2 O HQ cnQ}p 0-_O > a .. Q }? O J LL O 0U)Z ��O LU=mz(w7 Q-� m U m LL w 10 w LL O O O d W �=U DaoaZ Q21 = �w0 cnaa 0 m 0 w o =` m O = a � Z)Hw LUU) 0 U a U U �0m C'4 >z� riwa 0 w r ai O LL M O (D M O�i rn °� a� m 00 a� rn X o o .. qpmmn 1 U) muL O IL'6 N N O CYi U ` . d *ILA_r " o Lo CL Q �N _ m LL " O vw r O- J a y� J�,- d IL + • .'g v r .... �.�.:.. .. #k _ L U) LL X O (6 Q N C O_.� N Q J w a... rn�. a" ( y ", U '�''( �•� .� r � N rW$ n CL so IL n W m X O � 1 ,. (o 2 . s . n . s• « o d FR � N ^ - � U) vJ E 7 U E c N N LL (o O N cn x +J O L o Q (o (o (o d C C C „^ k 2 0- 0- d VV }� J/ ^+ JE , U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00423 County: Mecklenburg U.S.G.S. Quad: NC -Harrisburg NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Tribute Companies, Inc. Mark Maynard Address: 10 South Cardinal Drive Wilmington, NC 28403 Telephone Number: 910.612.3633 E-mail: ir(&tributecompanies.com Size (acres) 50.1 Nearest Town Charlotte Nearest Waterway Mallard Creek River Basin Upper Pee Dee USGS HUC 03040105 Coordinates Latitude: 35.335253 Longitude:-80.692892 Location description: The review area includes approximately 50 acres and is located near the Trevi Villaue Bypass in the Citv of Charlotte in Mecklenburg County, North Carolina (PIN 05108127). Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 4/8/2022. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way 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 contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands 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 CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands 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 consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands 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 consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2022-00423 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands 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 may 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, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the 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 regarding this determination and/or the Corps regulatory program, please contact M. Scott Jones at 828.271.7980, ext. 4222 or scott.iones(&usace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 04/11/2022. D. Remarks: N/A E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be 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 administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this 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 Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. S HANNINAUS ACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 04/11/2022 Expiration Date of JD: N/A SAW-2022-00423 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 our Customer Satisfaction Survey, located online at https://re u. l�ator,�.ops.usace.artny.mil/customer-service-survey/. Copy Furnished: Jesse M. Degnan ECS Southeast, LLP 1812 Center Park Drive, Suite D Charlotte, NC 28217 704.525.5152 i deLynanAecslimited.com NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Tribute Companies, Inc., Mark Maynard File Number: SAW-2022-00423 Date: 04/11/2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.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 your work 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 appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and 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 your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of 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 evaluating your 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 appeal 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 your work 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 appeal the permit, including its terms and conditions, and approved jurisdictional determinations 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 appeal the declined permit under the Corps of Engineers Administrative Appeal Process 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. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process 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 or appeal the 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 appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process 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 may be 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 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 appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to 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 regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: M. Scott Jones ADMINISTRATIVE APPEAL REVIEW OFFICER Asheville Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 151 Patton Avenue, Room 208 ATLANTA, GEORGIA 30303-8803 Asheville, North Carolina 28801 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(aUSACE.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 appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportum 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: M. Scott Jones, 69 Darlington Avenue, Wilmington, North Carolina 28403 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, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 04/11/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Tribute Companies, Inc., Mark Maynard, 10 South Cardinal Drive, Wilmington, NC 28403 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Hudspeth Project, SAW- 2022-00423 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area includes approximately 50 acres and is located near the Trevi Village Bypass in the City of Charlotte in Mecklenburg County, North Carolina (PIN 05108127). (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Mecklenburg City: Charlotte Center coordinates of site (lat/long in degree decimal format): Latitude: 35.335253 Longitude:-80.692892 Universal Transverse Mercator: Name of nearest waterbody: Mallard Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): N Office (Desk) Determination. Date: 04 APR 2022 N Field Determination. Date(s): 06 APR 2022 TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Wetland 1 35.335253 -80.692892 2.9 ac. Wetland Section 404 Wetland 2 35.338047 -80.690604 0.07 ac. Wetland Section 404 Stream 1 35.335504 -80.691422 131 If / 0.07 ac. Non -Wetland Section 404 Stream 2 35.335378 -80.693733 328 If / 0.08 ac. Non -Wetland Section 404 Stream 3 35.337081 -80.690473 1177 If / 0.11 ac. Non -Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Figures 1-6 N Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: N Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report Rationale: ❑ Data sheets prepared by the Corps: ❑Corps navigable waters' study: ❑U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data: ❑ USGS 8 and 12 digit HUC maps: ® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2; 1:24000, 1993 Charlotte. NC ®Natural Resources Conservation Service Soil Survey. Citation: Figure 2; USDA-NRCS Soil Survey Mat) ® National wetlands inventory map(s). Cite name: Figure 5 ❑ State/local wetland inventory map(s): ® FEMA/FIRM maps: Figure 4 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Figure 6 or ® Other (Name & Date): Photograph Log ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. /If. C540, Signature and date of Regulatory staff member completing PJD 04/ 11 /2022 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 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I \ i \� y � a y U b wl W oy ti o a W � �=32 rc U \ \ O O ^n \ � \ a i f \ V \ g 0 N U � O II r- 00 Q Lij a II 5 �U x t llj fn 3 U _U � w � > ; 0 a o a 0 N O $ N� c i N zw ~ d w z � i u� U z IiD + lu tD S W s J_ zo LL s Oww w Yo wo Lf_ a W �U + UU o a IS IS a �o Z O 3 o � + t W w o Q I U.S. Fish & Wildlife Service & Natural Heritage Program QPP�MeNT OF lyFj FISH E LIFE WILD 0 United States Department of the Interior Uj FISH AND WILDLIFE SERVICE �gRCH 3,Asheville Field Office.ti 160 Zillicoa Street Suite B Asheville, North Carolina 28801 December 18, 2023 Mr. Jesse Degnan ECS Southeast, LLP 1812 Center Park Drive, Suite D Charlotte, North Carolina 28217 Subject: Hudspeth Road Multi -Family Residential Development in Charlotte and Concord, Mecklenburg and Cabarrus Counties, North Carolina. Dear Mr. Degnan: On November 21, 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, Tribute Companies proposes to construct a multi -family residential development and associated infrastructure on approximately 102.2 acres at 12900 North Tryon Street in Charlotte and Concord, Mecklenburg and Cabarrus Counties, North Carolina. Federally Listed Species An assessment of suitable habitat and potential impacts to three species was conducted by environmental specialist with ECS Southeast, LLP on October 17, 2023. The findings were compiled and included in the information submitted to our office on November 21, 2023. The following species and their associated habitats were evaluated. Species Status' Michaux's sumac Rhus michauxii E Schweinitz's sunflower Helianthus schweinitzii E Smooth coneflower Echinacea laevigata T 'E = endangered and T = threatened. The review request states that suitable habitats for Michaux's sumac, Schweinitz's sunflower, and smooth coneflower are present on site; however, the species were not observed during surveys. Based on negative results of visual surveys conducted on October 17, 2023, we would concur with "may affect, not likely to adversely affect" (NLAA) determinations from the lead federal action agency for these 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. 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. The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of our staff at rebekah_reid@fws.gov, if you have any questions. In any future correspondence concerning this project, please reference Log Number 4-2-24-348. Sincerely, - - original signed - - Janet Mizzi Field Supervisor Roy Cooper, Governor on ■o INC DEPARTMENT OF N ) ■■minim NATURAL AND CULTURAL RESOURCES ■ ■®■ October 16, 2023 Matthew Finch ECS Limited 9001 Glenwood Avenue Raleigh, NC 27617 RE: 21476- T&E Dear Matthew Finch: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-23657 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 09 121 L4 JCiNES STREET, RALCK_,_,H. NC 27603 - 1651 MAUL 6EPVICE CENTER, RALEIGH. 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Bartos, Administrator Govemor Roy Cooper Secretary D. Reid Wilson December 20, 2023 Kara E. Webb ECS Southeast, LLP 1812 Center Park Drive, Suite D Charlotte, NC 28217 Office of Archives and History Deputy Secretary, Davin J. Waters, Ph.D. kcomettigecslimited.com Re: Develop Hudspeth Road site, 12900 North Tryon Street, Charlotte, Mecklenburg County, ER 23-2563 Dear Ms. Webb: Thank you for your letter of November 8, 2023, regarding the above -referenced undertaking. We have reviewed the submission 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. revi ew(2dncr.nc. gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, (1� ult 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: (919) 814-6570/814-6898