20061851 Ver 2_Individual_20080325

PAID
mv- 119S vZ
Lowes Motor Speedway
Hospitality, Souvenir
Parking Plan
Concord, Cabarrus County
North Carolina
Joint Application Form and Supporting Documentation for
NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION
TO CORPS OF ENGINEERS AND NCDENR
Prepared For
Mr. Robert Davis
Speedway Motorsports, Inc.
P.O. Box 600
Concord, NC 28026
Prepared By:
kffl(,M5WF4�
MAR 2 5 2008
Leonard S. Rindner, PWS DENR - WATER QUAUTY
Environmental Planning Consultant WETLANDS AND STORMWATER BRANCH
3714 Spokeshave Lane
Matthews, NC 28105
[phone]
March 20, 2008
Page 1 of 10

II.
Office Use Only:
Form Version March 05
USAGE Action ID No.
If an D�'�'Q No. O to — 18 s I �/' 2
y particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
I. Check all of the approval(s) requested for this project:
X Section 404 Permit
EJ Section 10 Permit ElRiparian or Watershed Buffer Rules
X 401 Water Quality Certification Isolated Wetland Permit from DWQ
❑ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: Nationwide Permit #39
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ❑
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII
and check here: See Attached Approval Letter
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ❑
Applicant Information
I. Owner/Applicant Information r(�= nr,
LS 1 PN _�
Mr. Robert Davis ; y_• U
Speedway Motorsports, Inc. M/YR 2 5 ?008
P.O. BOX 600
Concord, NC 28026 °Ery'. ev;iEkujAUTv
Telephone Number: 704 507 5614WETLANDS AND STORMWATER BRANCH
E-mail Address: Fax Number._
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the own
Name: Leonard S. Rindner, PWS er/applicant.)
Company Affiliation: Leonard S. Rindner, PLLC
Mailing Address: Wetlands and Environmental Planning Group
3714 Snokeshnve T nn_
Telephone Number: 704 904 2277
E-mail Address: len , inrinP
Page 2 of 10
Fax Number: 704 847 0185

' Il
III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17 -inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Lowes Motor Speedway Hospitality and Souvenir
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN):
4. Location
County: Cabarrus Nearest Town: Concord
Subdivision name (include phase/lot number):
Directions to site (include road numbers/names, landmarks, etc.): Near the Intersection of
NC Highway 29 and Morehead Road at Lowes Motor Speedway
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.3452°N 80.6581 °W
6. Property size (acres): 21.43
7. Name of nearest receiving body of water: UT of Mallard Creek
River Basin: Yadkin
(Note — this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Existing roads and highways parking lots, Lowes Motor
Speedway.
Page 3 of 10

A
10. Describe the overall project in detail, including the type of equipment to be used: The
project involves development of a Hospitality and Souvenir area adjacent to the Speedway;
relocation of Morehead Road to improve safe pedestrian accommodations and reduce traffic
congestion; development of a pedestrian tunnel from the parking lots to the Speedway; and to
implement stormwater management treatment facilities in accordance with Concord's Post
Construction Ordinance (NPDES Phase 2). Heavy construction equipment will be utilized.
11. Explain the purpose of the proposed work: Relocation of Morehead Road to facilitate
development of the Hospitality and Souvenir area; relocation of Morehead Road; eliminate
constriction between Morehead Road and the Speedway development of pedestrian tunnel
under Morehead Road to improve pedestrian safety and reduce traffic congestion;
construction of stormwater management facilities.
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. A wetland and stream delineation was conducted for the site and verified
by the USACE in 2006 (Steve Lund) An Individual Permit Application was submitted in
November 2006 which was withdrawn based on changes in the scope and direction of
improvements to Lowes Motor Speedway.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
Additional impacts to develop the Lowes Motor Speedway Hospitality and Souvenir Center and
Parking Improvement Project If additional impacts are required a PCN will be submitted as
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Page 4 of 10

Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: Impacts include two road
crossing; parking lot construction• construction of a stormwater pond at the head of
"unimportant" intermittent stream.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
se arately list im acts due to both structure and flood' .
Wetland Impact
Site Number
(indicate on map)
Type of Impact
Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.)
Located within
100 -year
Floodplain
(yes/no)
Distance to
Nearest
Stream
(linear feet)
Area of
Impact
(acres)
C,W, D
Fill
PSS IA (disturbed)
No
+/- 150'
.103 ac
422'*
.05
lb
UT of Mallard CK
Crossing
Perennial
6'
100'
.02
2
UT of Mallard CK
Crossing
Perennial
6'
150'
.02
BMP1
UT of Mallard CK
Fill/BMP
Intermittent
4'
230*
.02
Total Wetland Impact (acres) — less than 1/10th acre
0.103 ac
3. List the total acreage (estimated) of all existing wetlands on the property: Approx. 0.60 acres
of streams and wetlands overall
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip -rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on map)
Stream Name
Type of Impact
Perennial t?
Intermittent.
Average
Stream Width
Before Impact
P
Impact
Length
(. )
linear feet
Area of
Impact
(acres)
)
la
UT of Mallard Ck
Crossing
Intermittent
4'
422'*
.05
lb
UT of Mallard CK
Crossing
Perennial
6'
100'
.02
2
UT of Mallard CK
Crossing
Perennial
6'
150'
.02
BMP1
UT of Mallard CK
Fill/BMP
Intermittent
4'
230*
.02
Total Stream Impact (by length and acreage)
.11 Ac.
* Determined Unimportant Intermittent Streams
Page 5 of 10

'0 T I
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill. excavation. dredging. floodinu. drainage. bulkheads. etc.
Open Water Impact
Site Number
(indicate on map)
Name of Waterbody
(if applicable)
Type of Impact
Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.)
Area of
Impact
(acres)
0.00 ac.
Total Impact to Waters of the U.S. (acres)
0.213ac.
Total Stream Impact (linear feet):
9021f*
Total Open Water Impact (acres)
6. List the cumulative impact to all Waters of the U.S. resulting from the moiect:
Stream Impact (acres):
0.11 ac
Wetland Impact (acres):
0.103ac.
Open Water Impact (acres):
0.00 ac.
Total Impact to Waters of the U.S. (acres)
0.213ac.
Total Stream Impact (linear feet):
9021f*
Approximately 250 linear feet perennial stream impacts.
7. Isolated Waters
Do any isolated waters exist on the property? ❑ Yes X No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ❑ uplands X stream ❑ wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw -down valve or spillway, etc.): Stormwater treatment pond constucted at head of
Unimportant Intermittent Stream
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): The proposed pond will be utilized for stormwater
treatment. Another off-line stormwater pond will be constructed for the project. There are
no ponds constructed in perennial streams.
Page 6 of 10

Current land use in the vicinity of the pond: Existing
Size of watershed draining to pond:11::,-acres (both ponds) Exke lots roads.
+/- 4 acres overall iboth P cted
d pond surface area:
acres (62%)
and 10 or ?Qlyo. The basins will
-24hi for approximatF-ly half of the project area.
VII• Impact Justification (Avoidance and Minimization
Specifically describe measures taken to avoid the proposed impacts.
information related to site constraints such as to
financial viability of the project. The applicant m It may be useful to provide
topography, building ordinances, accessibility, and
site layouts, and explain why May attach in
of alternative, lower -impact
were these design options were not feasible. Also discuss how impacts
minimized once the desired site plan was developed. If i lira
techniques to be followed during construction to reduce impacts.
p s
applicable, discuss construction
A_ h
VIII• Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mit-
Division Division of Water Quality for projects involving g may be required b
freshwater wetlands or greater than or equal to greater
linearrtn or feet equal to one acre of impactsY the NC
streams.of total impacts to perennial to
p perennial
USACE — In accordance with the Final Notice of Issuance and
Permits, published in the Federal Register on January 15, 2002 mitigation
necessary to ensure that adverse effects to the Modification of Nationwide
tigation will be real. ed when
including size and typeaquatic environment are minimal.
aquatic resource will be of proposed in impact in dFactors
p function and relative value of the impacted
Mitigation as proposed. Examples of mitigation that may be appropriate
acceptability of appropriate and practicable
but are not limited to: reducing the size of the project; establ'
and/or upland vegetated buffers to protect Open pp °pnate and practicable include,
ishmg and maintaining wetland
p waters such as streams; and replacing losses of
Page 7 of 10

aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmL),ide.html.
Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
The remaining streams and wetlands are preserved in common open space areas.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet): +/- 250 linear feet
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres): 0.25 acres
Amount of Non -riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ❑ No X
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ❑ No ❑
Page 8 of 10

C
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ❑ I No ❑
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar -Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify V Yes ❑ No ❑
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
Zone*
Impact
(square feet)
Multiplier
Required
Mitigation
1
3 (2 for Catawba)
2
1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater
controls proposed in order to protect surface waters and wetlands downstream from the property. If
percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed
impervious level.
The site is subject to an NCDENR approved NPDES Phase II Stormwater Management Plan administered by the City of
Concord Site area is approximately 113 acres along both sides of Morehead Road on the east side of US -29. The existing
ground cover consists of gravel paved roads and grass parking to the south and paved parking areas drives and buildings to
the north The existing impervious area is approximately 27 acres (24%) Proposed use will include a widening and
Page 9 of 10

r).
realignment of Morehead Road new paved drives hospitality and souvenir areas to the north and future gravel/paved drives
and grass parking to the south The projected future pavement area is approximately 69 acres (62%).
The proposed stormwater controls for the site will be two (2) Wet Detention Basins designed for a total suspended solids
(TSS) removal efficiency of 85% The basins will each provide stormwater duality and detention (1yr-24-hr and 10)r-24hr)
for approximately half of the project area.
XII. Sewage Disposal (required by DWQ)
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of
wastewater generated from the proposed project, or available capacity of the subject facility.
Municipal facilities - WASAC
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ❑ No X
Is this an after -the -fact permit application? Yes ❑ No X
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ❑ No X
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
All new development in Concord is subject to an Approved NPDES Phase 2 Post Construction
Ordinance.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw -down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
It 1&portant for Lowes Motor Speedway to begin construction immediateIV after the Coca
alt1600,4n Mav 25. 2008 so that the improvements are completed prior to the Bank of
/v<�Jl
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 10 of 10

►'
Site area is approximately 113 acres along both sides of Morehead Road on the east side
of US -29. The existing ground cover consists of gravel paved roads and grass parking to
the south, and paved parking areas, drives, and buildings to the north. The existing
impervious area is approximately 27 acres (24%). Proposed use will include a widening
and realignment of Morehead Road, new paved drives, hospitality and souvenir areas to
the north, and future gravel/paved drives and grass parking to the south. The projected
future pavement area is approximately 69 acres (62%).
The proposed stormwater controls for the site will be two (2) Wet Detention Basins
designed for a total suspended solids (TSS) removal efficiency of 85%. The basins will
each provide stormwater quality and detention (Iyr-24-hrand l0yr-24hr) for
approximately half of the project area.

f "V-
1 s. 1 .I Vit:
PROGRAM
March 5, 2008
Robert Davis
Speedway Motorsports
P.O. Box 600
Concord, NC 28026
Expiration of Acceptance: September 5, 2008
Project Name: Lowes Motor Speedway Hospitality and Souvenir County: Cabarrus
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. 1f we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
followine table.
Yadkin Stream (feet) Wetlands (acres) Buffer I Buffer II
03040105 (Sq. Ft.) (Sq. Ft.)
Cold
Cool
Warm Riparian
Non -Riparian
Coastal Marsh
Impacts 0
0
300 0
0
0 0 0
Credits 0
0
600 0
0
0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
Willia . Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve Lund, USACE-Asheville
Alan Johnson, NCDWQ-Mooresville
Leonard Rindner, agent
File
fir' ... ... pro"Dur Stag HOM
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www.neeep.net

Y
"I,AILI, It
P*OORAM
March 5, 2008
Robert Davis
Speedway Motorsports
P_O. Box 600
Concord, NC 28026 Expiration of Acceptance: September 5, 2008
Project: Lowes Motor Speedway Hospitality and Souvenir County: Cabarrus
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision does not assure that
the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the
applicant to contact these agencies to determine if payment to the NCEEP will be approved.
This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of
the issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the
applicant's responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice
will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized
work. The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and
policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the
following table.
Yadkin Stream (feet)
03040104
Wetlands (acres) Buffer 1 Buffer 11
(Sq. Ft.) (Sq. Ft.)
Cold
Cool
Warm
Riparian
Non -Riparian
Coastal Marsh
Impacts 0
0
0
0.25
0
0 0 0
Credits 0
0
0
0.50
0
0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies
require mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional
mitigation, the applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The
mitigation will be performed in accordance with the Memorandum of Understanding between the N. C. Department of
Environment and Natural Resources and the U. S. Army Corps of Engineers dated November 4, 1998.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
Sincerely,
William D. Gilmore, PE
Director
cc: Cyndi Karoly, NCDWQ Wetlands/401 Unit
Steve Lund, USACE-Asheville
Alan Johnson, NCDWQ-Mooresville
Leonard Rindner, agent
File
�:P.StOYIi�... ... PYO" OW St7A&
North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-16521919-715-0476 / www.nceep.net

LEONARD S. RINDNM PWS
Environmental Planning Consultant 3714 Spokeshave Lane
Professional Wedand Scientist Matthews, NC 28105
Land Planning Tele: [phone]
Fax [phone]
March 14, 2008
Mr. Robert Davis
Speedway Motorsports
P.O. Box 600
Concord, NC 28026
RE: Lowes Motor Speedway Hospitality and Souvenir Project, Concord, Cabarrus
County, NC
Dear Robert:
In order to interface with the United States Army Corps of Engineers and the North
Carolina Department of Natural Resources I will need your authorization. Please sign the
following statement:
This letter authorizes Leonard S. Rindner, PWS as our firm's agent in matters related
to Waters of the U.S. and Waters of North Carolina for the referenced project site. This
includes interfacing with the United States Army Corps of Engineers and the North
Caro ' artme t lural Resources. ��
311 7
Name Date
Please contact me if you have any questions or require additional explanation. Thank
you. ; I
L/>?S PD. 0`- am,.P •
9,dbnard S. Rindner, PWS
Environmental Planning Consultant
Profession Wetland Scientist

ACNI %�
Armoffn1vLowE
�i�►�►�MornR SPEEM
_..- C H A a L O T T E
March 19, 2008
Mr. Steve Lund
US Army Corps of Engineers - Reg. Field Office
151 Patton Avenue - Room 208
Asheville, NC 28801 - 5006
Ms. Cyndi Karoly
Division of Water Quality - NCDENR
2321 Crabtree Boulevard, Suite 250
Raleigh, NC 27604
Subject: Lowe's Motor Speedway DWQ #0618151
and SAW 2007 667 313 Individual Application Withdrawal
Dear Mr. Lund and Ms. Karoly:
Lowe's Motor Speedway is requesting that the Individual Permit Application for this project as
originally proposed be withdrawn from consideration.
In the near future, a PCN will be submitted for a Nationwide Permit to develop the Lowe's
Motor Speedway Hospitality and Souvenir Project. This project will include the relocation of
Morehead Road and a pedestrian tunnel to facilitate safe circulation and reduce traffic
congestion. The project will include storm water management facilities that meet the City of
Concord's Post Construction Ordinance. These storm water treatment facilities will not be
located in perennial streams. We are seeking to begin construction immediately after the Coca
Cola 600 in late May so that construction can be completed by the Bank of America 500 in
October, 2008.
Please contact me or my consultant, Leonard S. Rindner, PWS, if you have any questions or
require additional explanation. My contact number is 704-455-3207 (office) or 704-507-5614
(mobile).
Thank you in advance for your assistance.
i
erely,
Robert L. Davis
Sr. Project Manager
c: Leonard Rindner
P.O. BOX 600 • CONCORD, NIC 28026-0600 • TEL. [phone]
A SUBSIDIARY OF SPEEDWAY MOTORSPORTS, INC., A NYSE (TRK) COMPANY

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0.6 0.9 1.2 1.5 km LOCATION:
35.34520N, 80.6851°W (NAD27)
0 4.1 0.2 0.3 0.4 0.5 mi USES Harrisburg (NC) Quadrangle
Projection is UTM Zone 17 NAD83 Datum
HUC : 03040105

Soil Map—Cabarrus County, North Carolina
N Meters
A 0 100 200 400 600
Feet
0 450 900 1,800 2,700
DANatural Resources Web Soil Survey 2.0 3/5/2008
j& Conservation Service National Cooperative Soil Survey Page 1 of 3

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Soil Map-Cabarrus County, North Carolina
Map Unit Legend
Cabarrus County, North Carolina (NCO25)
Map Unit Symbol
Map Unit Name
Acres In AOI Percent of AOI
CcB2
Cecil sandy clay loam, 2 to 8
17.8 17.6%
percent slopes, eroded
10.0 9.9%
CuB2
Cullen clay loam, 2 to 8 percent
slopes, eroded
EnD
Enon sandy loam, 8 to 15
1.8 1.8%
percent slopes
46.0 45.6%
VaB
Vance sandy loam, 2 to 8
percent slopes
25.3 25.1%
VaD
Vance sandy loam, 8 to 15
percent slopes
Totals for Area of Interest (AOI)
100.81 100.0%
UUi� Natural Resources Web Soil Survey 2.0 3WO08
Conservation Service National Cooperative Soil Survey Page 3 of 3

North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: March 3, 2008 Project: Speedway - Morehead Rd Latitude: 35.3452'N (NAD 27)
Evaluator: JL & PK site: TributaryAl/E1 Longitude: 80.6851° W
Total Points: Other USGS Harrisburg NC
Stream is at least intermittent 25 County: Cabarrus, N C e.g. Ouad Name:
it >_ 19 or perenniat if_ 30
A. Geomorphology ( (subtotal= 12
Absent
Weak
Moderate
Strong
la. Continuous bed and bank
0
1
2
3
2. Sinuosity
0
1
2
3
3. In -channel structure: riffle -pool sequence
0
1
2
3
4. Soil texture or stream substrate sorting
0
1
2
3
5. Active/relic floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Braided channel
CO)
1
2
3
8. Recent alluvial deposits
0
1
2
3
9 a Natural levees
0
1
2
3
10. Headcuts
0
1
2
3
11. Grade controls
0
0.5
1
1.5
12. Natural valley or drainageway
0
0.5
1
1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No 40Yes
= 3
Man-made ditches are not rated; see discussions In manual
R l..lvdrnln'ni fCuh4n+al = 5.5 1
14. Groundwater flow/discharge
0
1
2
22. Crayfish
3
15. Water in channel and > 48 hrs since rain, or
Water in channel - dry or growing season
0
O
2
1
3
16. Leaflitter
1.5
1
1 1.5
25. Amphibians
0
17. Sediment on plants or debris
0
0.5
C9
.5
1.5
18. Organic debris lines or piles (Wrack lines)
0
1
1
28. Iron oxidizing bacteria/fungus.
29 . Wetland plants in streambed
1.5
19. Hydric soils (redoximorphic features) present?
1 1.5
SAV = 2.0; Othercol
No = 0
Yes <1.
r: Rinlnnv f5;uh+n+a1 = 7.5 1
2. Fibrous roots in channel
2f'. Rooted plants in channel
3
3
2
2
1 0
1 0
22. Crayfish
0
1 1.5
23. Bivalves
0
1
2 3
24. Fish
0
0.5
1 1.5
25. Amphibians
0
1 1.5
26. Macrobenthos (note diversity and abundance)
0
.5
1 1.5
27. Filamentous algae; periphyton
0
1
2 3
28. Iron oxidizing bacteria/fungus.
29 . Wetland plants in streambed
0
FAC = 0.5;
0.5
FACW = 0.75; OBL = 1.5
1 1.5
SAV = 2.0; Othercol
" Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence or aquauc or wetiana pants
Sketch:
Notes: (use back side of this form for additional notes )
- Seasonal RPW - Large boulder @ top/large pool below
2'- 4' wide @ TOB

North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: March 3, 2008 Project: Speedway - Morehead Rd Latitude: 35.3452'N (NAD 27)
Evaluator: JL & PK Site: Tributary B1 Longitude: 80.6851° W
Total Points: Other USGS Harrisburg NC
Stream is at least intermittent 19 25 County: Cabarrus, N C e.g. tetrad Name:
ff a 19 or perennial if >_ 30
A. Geomorphology Subtotal = 9
Absent
Weak
Moderate
Strong
la. Continuous bed and bank
0
1
2
3
2. Sinuosity
0
1
2
3
3. In -channel structure: riffle -pool sequence
0
1
2
3
4. Soil texture or stream substrate sorting
0
1
2
3
5. Activelrelic floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Braided channel
0
1
2
3
8. Recent alluvial deposits
0
1
2
3
9 a Natural levees0
1
2
3
10. Headcuts
0
1
2
3
11. Grade controls
0
0.
1
1.5
12. Natural valley or drainageway
0
0.
1
1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No 40Yes
= 3
" man-made ditches are not rated; see aiscussions in manual
D u.,A t.,.., = 5.5 t
14. Groundwater flow/discharge
0
1
2
0
0
3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- da orrowlin season
0
O
2
23. Bivalves
3
16. Leaflitter
1.5
1
24. Fish
0
0
17. Sediment on plants or debris
0
.5
1
1.5
18. Organic debris lines or piles (Wrack lines)
0
0.5
1
1
1.5
19. Hydric soils (redoximorphic features) present?
0
No = 0
Yes <1.
3
r^ D:„i.. ,,, = 4.75
20'. Fibrous roots in channel
21'. Rooted plants in channel
3
3
2
2
1
1 ...EE-
0
0
22. Crayfish
0
.5
1
1.5
23. Bivalves
0
1
2
3
24. Fish
0
1 0.5
1
1.5
25. Amphibians
0
1
1.5
26. Macrobenthos (note diversity and abundance)
0
.5
1
1.5
27. Filamentous algae: periphyton
0
1
2
3
28. iron oxidizing bacteria/fungus.
0
CLO
1
1 1.5
29'. Wetland plants in streambed
FAC = 0.5;
FACW =.7
OBL = 1.5 SAV = 2.0; Other = 0
" Items 20 and 21 focus on the presence of upland plants. Item 2a tocuses on the presence oa aquatic or wenanu Niarns
Sketch:
Notes (use back side of this form for additional notes )
- Seasonal RPW - upper reach is rip-rap/engineered to culvert.
- Disturbed - channelized along road.
6'- 8' wide @ TOB

North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: March 3, 2008 Project: Speedway - Morehead Rd Latitude: 35.3452'N (NAD 27)
Evaluator: JL & PK Site: Tributary D1 Longitude: 80-6851' W
Total Points: Other USGS Harrisburg NC
Stream is at least intermittent 33.75 County: Cabarrus, NC e g. Quad Name:
if a 19 or perennial if >_ 30
A. Geomorphology Subtotal = 16
Absent
Weak
Moderate
Strong
1a. Continuous bed and bank
0
1
2
3
2. Sinuosity
0
1
2
3
3. In -channel structure: riffle -pool sequence
0
1
2
3
4. Soil texture or stream substrate sorting
0
1
2
3
5. Active/relic floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Braided channel
0
1
2
3
8. Recent alluvial deposits
0
1
2
3
9 a Natural levees
0
1
2
3
10. Headcuts
0
1
2
3
11. Grade controls
0
0.5
1
1.5
12. Natural valley or drainageway
0
0.5
C10
1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No 40
Yes = 3
" Man-made ditches are not rated, see discussions In manual
B Hvdrolonv (Subtotal = 7.5 1
14. Groundwater flow/discharge
0
1
2
0
0
3
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or growingseason
0
1O
1.5
23. Bivalves
3
16. Leaflitter
1.5
1
0.5
0
0
17. Sediment on plants or debris
0
.5
1
0.5
1.5
18. Organic debris lines or plies (Wrack lines)
0
0.5
1
1
1.5
19. Hydric soils (redoximorphic features) present?
0
No = 0
Yes 1.
3
C. Bioloav (Subtotal = 10.25 )
20 . Fibrous roots in channel
21 . Rooted plants in channel
32
3
2
1
1
0
0
22. Crayfish
0
.5
1
1.5
23. Bivalves
0
1
2
3
24. Fish
0
0.5
1
1.5
25. Amphibians
0
0.5
1
1.5
26. Macrobenthos (note diversity and abundance)
0
.5
1
1.5
27. Filamentous algae; periphyton
0
1
2
3
28. Iron oxidizing bacteria/fungus.
0
0.5
29 t. Wetland plants in streambed
FAC = 0.5: FACW7
OBL = 1.5 SAV = 2.0: Other = 0
Items 20 and :11 focus on the presence of upland plants, Item Zy focuses on the presence of aquatic or wetland plants
Sketch.
Notes: (use back side of this form for additional notes )
- Perennial RPW
6'- 10' wide @ TOB

A it
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: March 3, 2008 Project: Speedway - Morehead Rd Latitude: 35.34521 N (NAD 27)
Evaluator: JL & PK Site: Tributary F1 Longitude: 80.6851° W
Total Points: Other USGS Harrisburg NC
Stream is at least intermittent 36.25 County: Cabarrus, NC e g Ouad Name:
if >_ 19 or perennial if a 30
A. Geomorphology (Subtotal= 18
Absent
Weak
Moderate
Strong
1a. Continuous bed and bank
0
1
2
3
2. Sinuosity
0
1
2
3
3. In -channel structure: riffle -pool sequence
0
1
2
3
4. Soil texture or stream substrate sorting
0
1
2
3
5. Active/relic floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Braided channel
0
1
2
3
8. Recent alluvial deposits
0
1
2
3
9 a Natural levees
0
1
2
3
10. Headcuts
0
1
2
3
11. Grade controls
0
0.5
1
1.5
12. Natural valley or drainageway
0
0.5
1
1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No 40
Yes = 3
Man-made ditches are not rated,, see discussions in manual
R 1-1vrirninmi /Cuhfnfal = 8.5 1
14. Groundwater flow/discharge
0
1
2
0
0
3
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or rov .n season
0
1O2
1.5
23. Bivalves
3
16. Leaflitter
1.5
1
0.5
0
0
17. Sediment on plants or debris
0
0.5
1
0.5
1.5
18. Organic debris lines or piles (Wrack lines)
0
0.5
1
1
1.5
19. Hydric soils (redoximorphic features) present?
0
No = 0
Yes 4ap
3
C Rinlnnv lSuhfnfal = 9.75 1
20b. Fibrous roots in channel
21'. Rooted plants in channel
3
3
2
2
1
1
0
0
22. Crayfish
0
0.5
1
1.5
23. Bivalves
0
1
2
3
24. Fish
0
1
1.5
25. Amphibians
0
0.5
1
1.5
26. Macrobenthos (note diversity and abundance)
0
.5
1
1.5
27. Filamentous algae; periphyton
0
1
2
3
28. Iron oxidizing bacteria/fungus.
0
0.5
1
1.5
29 . Wetland plants in streambed
FAC = 0.5; FACW.7
0 B = 1.5 SAV = 2.0; Other = 0
" Items 20 and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants
Sketch.
Notes: (use back side of this form for additional notes )
Perennial RPW - large boulders, pools.
- Large headcuts - rapid runoff from racetrack.
10'- 15' wide @ TOB

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: SPEEDWAY (Parking Addn — Morehead Rd)
Date: 3/04/2008
County: Cabarrus
Applicant / Owner:
Investigator: L.Rindner, J. Levi, P. Kealy
State: NC
Do normal circumstances exist on the site? Yes X No
Community ID:LWtId
Is the site significantly disturbed (Atypical situation)? Yes No X
Transect ID:
Is the area a potential problem area? Yes No X
Plot ID: WTLD C
(explain on reverse if needed)
4. Liguidambar stvraci ua S/S
VEGETATION
Dominant Plant Soecies Stratum
Indicator
Dominant Plant Species Stratum Indicator
1. Platanus occidentalis T
FACW-
9. Ligustrum sinense S/S FAC
2. Acer rubrum T
FAC
10. Lonicera japonica W/V FAC -
3. Salix nigra S/S
OBL
11. L.onicera_ianonica H FAC -
4. Liguidambar stvraci ua S/S
FAC+
12. Ulmus americana T FACW
5. Liguidambar stvraciflua T
FAC+
13.
6. Betula nigra S/S
FACW
14.
7. Acer rubrum S/S
FAC
15.
8. Quercus alba T
FACU
16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 83%
Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are Classified as
FAC-OBL in the National List of Plant Species
that Occur in
Wetlands. Sample plot was taken in the center of
wetland C, a disturbed linear wetland RPW.
HYDROLOGY
_ Recorded Data (Describe In Remarks):
Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
Aerial Photographs
Primary Indicators:
_ Other
X Inundated
Saturated in Upper 12"
No Recorded Data Available
Water Marks
_
Drift Lines
Field Observations:
x Sediment Deposits
X Drainage Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
X Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: NA ((n.)
X Water -Stained Leaves
Local Soil Survey Data
Depth to Saturated Soil: 0 —2 (in.)
FAC -Neutral Test
Other (Explain in Remarks)
Remarks:

SOILS
Map Unit Name
(Series and Phase): VaD – Vance sandy
loam. 8-15% slopes Drainage Class: Well Drained
Taxonomy (Subgroup): Typic Hapludults
Confirm Mapped Type? Yes— No
Profile Descri t
Depth Matrix Colors
(inched Horizon (Munsell Moist)
Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/Contrast Structure. etc.
0-6 A 10 R 5/8
10 R 5/1 Common/distinct Sandy Clay Loam
6+ B 10 YR 6/1
10 YR 7/8 Common/distinct Sandy Cla Loam
Hydric Soil Indicators:
Histosol
Concretions
_Histic Epipedon
_High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor
Organic Streaking in Sandy Soils
Aquic Moisture Regime
Listed On Local Hydric Soils List
_Reducing Conditions
Listed on National Hydric Soils List
x Gleyed or Low-Chroma Colors
_Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes X No Is the Sampling Point
Wetland Hydrology Present? Yes X No Within a Wetland? Yes X No
Hydric Soils Present? Yes X No
Remarks: Wetland C is classified as a wetland based upon the criteria set forth in the 1987 Army Corps of
Engineers Wetlands Delineation Manual.

DATA FORM
ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: SPEEDWAY (Parkine. Addn — Morehead Rd)
Date: 3/04/2008
County: Cabarrus
Applicant / Owner:
Investigator: L.Rindner, J. Levi, P. Kealy
State: NC
Do normal circumstances exist on the site? Yes X No
Community ID UEL
Is the site significantly disturbed (Atypical situation)? Yes No X
Transect ID:
Is the area a potential problem area? Yes No X
Plot ID: UPL
(explain on reverse if needed)
6. Quercus rubra T FACU
VEGETATION
Dominant Plant Species Stratum Indicator
Dominant Plant Soecies Stratum Indicator
1. Pinus taeda T FAC
9. Li"strum sinense S/S _ FAC
2. Pinus virginiana T NI
10. Lonicera ianonica W/V FAC -
3. Quercus falcata T FACU-
11. Lonicera_i onica H FAC -
4._ _ LEquidambar stvraciflua T FAC+
12.
S. Liquidambar styraciflua S/S FAC+
13.
6. Quercus rubra T FACU
14.
7. Liriodendron tulipifera T FAC
15.
8. Quercus alba T FACU
16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 45%
Remarks: Wetland Vegetation Present Based Upon Greater than 50% of the Plant Species are NOT Classified
as FAC-OBL in the National List of Plant Species that Occur in Wetlands. Sample plot was taken above tributary
F 1. The majority of the uplands are mowed campgrounds/gravel parking.
HYDROLOGY
_ Recorded Data (Describe In Remarks):
Wetland Hydrology Indicators
Stream, Lake, or Tide Gauge
_ Aerial Photographs
Primary Indicators:
Other
_Inundated
_Saturated in Upper 12"
_ No Recorded Data Available
_ Water Marks
Drift Lines
Field Observations:
Sediment DepositsDrainage
Patterns in Wetlands
Depth of Surface Water: NA (in.)
Secondary Indicators:
Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: NA (*n.)
Water -Stained Leaves
_ Local Soil Survey Data
Depth to Saturated Soil: NA (in.)
FAC -Neutral Test
_ Other (Explain in Remarks)
Remarks:

SOILS
Map Unit Name
(Series and Phase): VaB – Vance sandy
loam. 2-8% slopes Drainage Class: Well Drained
Taxonomy (Subgroup): T iy cHapludults
Confirm Mapped Type? Yes— No
Profile Descri tp ion:
Depth Matrix Colors
Onche.cj Horizon (Munsell Moist)
Mottle Colors Mottle Texture, Concretions,
(Munsell Moist) Abundance/Contrast Structure. etc.
0-6 A 10 R 5/3
6+ B 10 YR 5/8
NA NA Sandy Loam
NA NA Sandy lgy Loam
Hydric Soil Indicators:
Histosol
Concretions
_Histic Epipedon
_High Organic Content in Surface Layer in Sandy Soils
Sulfidic Odor
Organic Streaking in Sandy Soils
Aquic Moisture Regime
Listed On Local Hydric Soils List
_Reducing Conditions
Listed on National Hydric Soils List
_Gleyed or Low-Chroma Colors _Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes No X Is the Sampling Point
Wetland Hydrology Present? Yes No X Within a Wetland? Yes_ No X
Hydric Soils Present? Yes No X
Remarks: Upland UPL is NOTclassified as a wetland based upon the criteria set forth in the 1987 Army Corps
of Engineers Wetlands Delineation Manual.

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 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: ASHEVILLE REGULATORY FIELD OFFICE,
APPLICANT:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Speedway/Morehead Road : Tributary B/F
State:NC County/parish/borough: Cabarrus City: Concord
Center coordinates of site (]at/long in degree decimal format): Lat. 35.3452 ° N, Long. 80.6851 ° W.
Universal Transverse Mercator:
Name of nearest waterbody: Mallard Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Rocky River
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):
SECTION 11: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters (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: — 1545 linear feet: — Y- 10' width (ft) and/or acres.
Wetlands: —.40 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
❑ Potentiallyjurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
i Supporting documentation is presented in Section I II. F.

SECTION 111: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section 111.13 below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the 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 adjacent wetlands, complete Section II1.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 1420 square in ies
Drainage area: — 57 acres
Average annual rainfall: 37 - 60 inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are 2-5 river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 1-2 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs: Wetland C flows to tributary E, which merges with trib A, becomes trib D, which flows
through the review area then merges with trib F, which flows into Mallard Creek, which flows to Rocky River.
" Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the aril
West.
s 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.

Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ® Natural
❑ Artificial (man-made). Explain:
® Manipulated (man -altered). Explain: Trib A begins at a culvert from off-site; Surrounding areas
are graded.
Tributary properties with respect to top of bank (estimate):
Average width: 3 - 10 feet
Average depth: 2 - 6 feet
Average side slopes: 2:1:.
Primary tributary substrate composition (check all that apply):
® Silts ® Sands ❑ Concrete
❑ Cobbles ® Gravel ❑ Muck
® Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Trib E is relatively stable with some
eriding banks; Trib A is headcutting in several locations upstream towards off-site culvert.
Presence of run/riffle/pool complexes. Explain: Trib E has bedrock runs and some small riffle/pool areas..
Tributary geometry: 1%lativeby straighft
Tributary gradient (approximate average slope): 2 - 4 %
(c) Flow:
Tributary provides for: Seasotftiii flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: Seasonal flows with strong storm flows.
Other information on duration and volume:
Surface flow is: (1•~`t 00iied. Characteristics:
Subsurface flow: Unknown. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
®
the presence of wrack line
® vegetation matted down, bent, or absent
❑
sediment sorting
® leaf litter disturbed or washed away
❑
scour
® sediment deposition
®
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ 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: Trib A is high in iron oxidizing bacteria/fungus. Water appears relatively clear. Surrounding land -use is
mowed campgrounds, roads, and a banked oval speedway racetrack.
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OH WM has been removed by development or agricultural practices). Where there is a break in the OH WM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
Ibid.

Identify specific pollutants, if known:

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Mixed vegetation buffer (trees/shrubs/vines/herbs), 50 - 100 ft
per side.
❑ Wetland fringe. Characteristics:
® Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: May support limited populations of macroinvertebrates and
herpetofauna.
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:0.40acres
Wetland type. Explain:headwater seep.
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: ti��owr. Explain: Seep does flow during seasonal storm events.
Surface flow is: b ciko li Steil
Characteristics:
Subsurface flow: I$ Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
® Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
® Separated by berm/barrier. Explain: Wetland C is seperated from tributary E by a culvert and boulder barrier.
(d) Proximity (Relationship) to TNW
Project wetlands are 2=5 river miles from TNW.
Project waters are ly`2 aerial (straight) miles from TNW.
Flow is from: Wetland to rravlgable waters.
Estimate approximate location of wetland as within the 100 500 -year 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: Water appears relatively clear.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):Mixed veg; 10 - 50 ft per side.
® Vegetation type/percent cover. Explain:Mixed alluvial/hydrophytic; — 85% cover.
® Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:Could support crayfish, macroi n vertebrates and herpetofauna.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 1
Approximately ( 0.40 ) 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)
N 0.40
Summarize overall biological, chemical and physical functions being performed: Provides habitat for herpetofauna and
macroi n vertebrates, provides flood storage and ground water recharge, may trap and filter pollutants before reaching RPW. .
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section 111. D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III. D:
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 III. D: A significant nexus is present between the adjacent wetlands ("C" wetland) and the RPW trib E. A culvert and
boulders exist between the wetland and the RPW. The culvert provides a connection for the wetland to flow to the RPW (either
during rain events or normal non -drought conditions) which indirectly flows to a TNW. The adjacent wetlands have the capacity to
reduce pollutants through veg. filtering, and reduce flooding by providing storage before reaching the TNW. The adjacent
wetlands provide recharge to the RPW during dry climate conditions. The RPW tributary has the capacity to carry pollutants
and/or flood waters to the TNW. These features also provide habitat for amphibians, macroi n vertebrates, and fish.
D. 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 width (ft), Or, acres.
❑ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.

Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: See JD package and NCDWQ Stream ID form for Tributary ("Dl "). The perennial RPW has year-round
flow and characteristics typical of a perennial stream (substrate sorting, riffle -pool -run sequences, macroinvertebrates, etc.).
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 111. B. Provide rationale indicating that tributary flows
seasonally: Tributaries ("Al & El") were observed to have geomorphology, biology and hydrologic flow characteristics
consistent with intermittent streams. See JD package and NCDWQ Stream Identification form for tributary ("A] /El") .
Provide estimates for jurisdictional waters in the review area (check all that apply):
0 Tributary waters: — 1545 linear feet — 3' - 10' width (ft).
0 Other non -wetland waters: acres.
Identify type(s) of waters:
3. 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):
0 Tributary waters: linear feet width (ft).
0 Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
0 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 III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
ER Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.40acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
0 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
0 Demonstrate that impoundment was created from "waters of the U.S.," or
0 Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
0 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):10
"See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.

• k
which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
which are or could be used for industrial purposes by industries in interstate commerce.
LJ 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 al I that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
ED Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑, Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Q 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):
[5Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
0 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
❑' U.S. Geological Survey Hydrologic Atlas:
❑ USGS N HD data.
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:1:24K, Harrisburg (NC) Quad.
USDA Natural Resources Conservation Service Soil Survey. Citation:
[] National wetlands inventory map(s). Cite name:
Q State/Local wetland inventory map(s):
FEMA/FIRM maps:
Q 100 -year Floodplain Elevation is: (National Geodcctic Vertical Datum of 1929)
El Photographs: ❑ Aerial (Name & Date):
"' Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

or ❑ Other (Name & Date):
❑ 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:

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 E BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: ASHEVILLE REGULATORY FIELD OFFICE,
APPLICANT:
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Speedway/Morehead Road : Tributary B/F
State:NC County/parish/borough: Cabarrus City: Concord
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3452 ° N, Long. 80.6851 ° W.
Universal Transverse Mercator:
Name of nearest waterbody: Mallard Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Rocky River
Name of watershed or Hydrologic Unit Code (HUC): 03040105
0 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
El 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):
El Office (Desk) Determination. Date:
Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are t►b "navigable waters or the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
E Waters subject to the ebb and flow of the tide.
rl Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs
El Non-RPWs that flow directly or indirectly into TNWs
El Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
El Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
F Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
E Impoundments of jurisdictional waters
Q 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: — 2300 linear feet: — 3'- 12' width (R) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 1"7 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section Ili below.
Z For purposes of this form, an RPW is defined as a tributary that is not a TN W and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section I II. F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.I. 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 IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent':
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the 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 adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 1420 square miles
Drainage area — 35 act es
Average annual rainfall: 37 - 60 inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
® Tributary flows through 2 tributaries before entering TNW.
Project waters are river miles from TNW.
Project waters areriver miles from RPW.
Project waters are aerial (straight) miles from TNW.
Project waters are i folCll$ aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5: Tributary B flows into trib F which flows through the review area and into Mallard Creek,
which flows to Rocky River.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s 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.

Tributary stream order, if known: 1.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
® Manipulated (man -altered). Explain: Area along the road has been engineered with rip -rap and
stabilization materials.
Tributary properties with respect to top of bank (estimate):
Average width: 6 - 8 feet
Average depth: 2 - 6 feet
Average side slopes: 2A.
Primary tributary substrate composition (check all that apply):
® Silts ❑ Sands ❑ Concrete
❑ Cobbles ® Gravel ❑ Muck
❑ Bedrock ® Vegetation. Type/% cover: 85%
® Other. Explain: Rip - rap.
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: relatively stable banks, storm flows are
creating headcuts.
Presence of run/riffle/pool complexes. Explain: NO.
Tributary geometry: ReWvety straight
Tributary gradient (approximate average slope): 2 %
(c) Flow:
Tributary provides for: Semenall flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: Seasonal flows with strong storm flows; west side of adjacent lowes motor speedway drains
into this trib.
Other information on duration and volume:
Surface flow is: Owfin d. Characteristics:
Subsurface flow: Uti" . Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
® OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
®
the presence of wrack line
® vegetation matted down, bent, or absent
❑
sediment sorting
® leaf litter disturbed or washed away
®
scour
❑ sediment deposition
®
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ 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: Water is cloudy due to excessive runoff from surrounding impervious surfaces.
'A natural or man-made discontinuity in the OH WM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OH W M has been removed by development or agricultural practices). Where there is a break in the OH W M that is unrelated to the waterbody' s flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

Identify specific pollutants, if known:

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): Only along western side; eastern side is Morehead Rd.
❑ Wetland fringe. Characteristics:
® Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: May support limited populations of macroi n vertebrates and amphibians.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland sizeaacres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III. D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IIID:
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 III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet width (ft), Or, acres.
❑ Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: See JD package and NCDWQ Stream ID form for Tributary ("F1"). The perennial RPW has year-round
flow and characteristics typical of a perennial stream (substrate sorting, riffle -pool -run sequences, macroinvertebrates, etc.).
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: Tributary ('B1") was observed to have geomorphology, biology and hydrologic flow characteristics consistent
with intermittent streams. See JD package and NCDWQ Stream Identification form for tributary ("131 ") .

Provide estimates for jurisdictional waters in the review area (check all that apply):
R Tributary waters: — 2300 linear feet — 3' -12' width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
3. 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):
Q Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
0 Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III. D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
E Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
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 supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Q Demonstrate that impoundment was created from "waters of the U.S.," or
[] Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):10
El which are or could be used by interstate or foreign travelers for recreational or other purposes.
Q from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
0 which are or could be used for industrial purposes by industries in interstate commerce.
Q Interstate isolated waters. Explain:
El Other factors. Explain:
"See Footnote # 3.
To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: linear feet width (ft).
Other non -wetland waters: acres.
Identify type(s) of waters:
Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non -wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
# Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:1:24K, Harrisburg (NC) Quad.
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
Q; Previous determination(s). File no. and date of response letter:
;; Applicable/supporting case law:
M Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: