20050483 Ver 1_Complete File_20050317

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Michael F. Easley. Govcrnor

William G. Ross Jr.. Secretary
North Carolina Dcpllnment of Environment and Natural Resources

Alw! W. Klimek. P.E. Dircctor
Division ofWatcr Quality

April 15, 2005
DWQ# 05-0483
Mecklenburg County

Mr. Brian DePouli I ~
Hendrick Automotive ,Group
6000 Monroe Road, Suite 100 0 &@@O~fii;;;11iil
Charlotte, NC 282021 LSl!!J

Subject: NorthlakeiAuto Plaza APR 1 9 2005

APPROVAL of 401 ~ater Quality Certification with Additional Conditions ~~. . ~1~~~A~/1)'
, "'lIIfYf", c:R BRANcH
Dear Mr. DePouli:

You have our appro~al, in accordance with the attached conditions and those listed below, to impact 531 linear feet (If) of
an unnamed tributary to Dixon Branch in order to construct the Northlake Auto Plaza at NC 115 and Alexanderana
Boulevard in Meckle\1burg County, as described in your application received by the Division of Water Quality (DWQ) on
March 23, 2004. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification! Number 3402, which can be viewed on our web site at http://h2o.enr.state.nc.us/ncwetlanas. The
General Certification; allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of
Engineers. Please f'\ote that you should get any other federal, state or local permits before proceeding with your project,
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.
!

The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the
General Certification'. This approval is only valid for the purpose and design that you described in your application. If you
change your project, I you must notify us in writing, and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is
thereby responsible for complying with all conditions.
I

In addition to the re,Uirements of the certification, you must also compiy with the following conditions:
1. The MooresvillelRegional Office shall be notified in writing once construction at the approved impact areas has
commenced. t

2. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order to
compensate for the impacts to the unnamed tributary to Dixon Branch. In accordance with 15A NCAC 2R .0402 and
15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15f\ NCAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR-
Ecosystem Enhancement Program), the stream impacts shall not occur. Ms. Carol Shaw should be contacted at
[phone] if you have any questions concerning the EEP . You have one month from the date of this Certification
to make this payment. For accounting purposes, this Certification authorizes 531 linear feet of stream impacts in the
Catawba River Basin, (Cataloging Unit 03050101) and requires 531 linear feet of stream mitigation. Please be
aware that the EEP rules require rounding of stream impacts to the nearest foot and wetland impacts to the nearest
quarter acre (15A NCAC 2R .0503(b)).
I
I
I
3. A final written storm water management plan shall be approved, in writing, by this. Office prior to the construction of
any permanent facilities at the site. The storm water facilities must be designed to treat the runoff from the entire
project, unless otherwise explicitly approved by the Division of Water Quality.

'1
I

N?jthCarolina
/VntJtrn//!I

I'
North Carolina Division oflWater Quality 610 East Center Ave., Suite 301
Internet h2o.enr.state.nc.us
An Equal Opportunity/Affirma~ve Action Employer - 50% Recycled/10% Post Consumer Paper

Mooresville, Nc 28115

Phone [phone]
FAX [phone]

Customer Service
1-877-623-6748

.~__~....~~~. ~~w --

~~~~~;;:i";"~~~~~:#:.s-~-:..;~:.:..(:'~'-. ";~::"~;;;.~:":..:":'7~:.~>;.;,~;:~~;i:..:':.~~.t~i::~~...,:..1,:;...:~:..;:;~:.;i:~~;::~'~':::~~~';'~~_~~~~_~':~i-::""'~

Page 2

4. Also, before any permanent building is occupied at the site, the facilities (as approved by this Office) shall be
constructed and operational, and the storm water management plan (as approved by this Office) shall be
implemented. The structural storm water practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural storm water facilities shall be made without written
authorization from the Division of Water Quality.

5. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.

6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to
the 401/Wetlands Unit of the NC Division of Water Quality.

7. Continuing Compliance. Hendrick Automotive Group (the applicant) shall conduct all activities in a manner so as not to
contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean
Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or
laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being
violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and requirements in accordance
with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall
be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Acf If you have any
questions, please telephone Ms. Polly Lespinasse in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly
in the Central Office in Raleigh 919-733-9721.

Sincerely,

/) JI'?4 ;:;A~

for Alan W. Klimek, P.E.

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Mecklenburg Water Quality
Central Files
File Copy
Len Rindner

i I

Miehael F. Easley, Governor

William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources

Alan W. Klimek, P.E. Director
Division of Water Quality

I
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Mr. Brian DePouli I :
Hendrick Automotive Group
6000 Monroe Road, Suite 100
Charlotte, NC 28202 j

Subject: Northlake Auto Plaza
I
I
APPROVAL of 401 Water Quality Certification with Additional Conditions

April 15, 2005
DWQ# 05-0483
Mecklenburg County

Dear Mr. DePouli:

You have our approval, in accordance with the attached conditions and those listed below, to impact 531 linear feet (If) of
an unnamed tributary to Dixon Branch in order to construct the Northlake Auto Plaza at NC 115 and Alexanderana
Boulevard in MecklenbUrg County, as described in your application received by the Division of Water Quality (DWQ) on
March 23, 2004. After reviewing your application, we have determined that this project is covered by Water Quality
General Certification NUmber 3402, which can be viewed on our web site at http://h20.enr.state.nc.us/ncwetlands. The
General Certification allows you to use Nationwide Permit Number 39 once it is issued to you by the U.S. Army Corps of
I
Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project,
I
including those required by (but not limited to) Sediment and Erosion Control, Non-Discharge, and Water Supply
Watershed regulations.!
!

The above noted Certification will expire when the associated 404 permit expires unless otherwise specified in the
General Certification. This approval is only valid for the purpose and design that you described in your application. If you
change your project, yqu must notify us in writing, and you may be required to send us a new application for a new
certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter; and is
thereby responsible fo~ complying with all conditions. '

I

In addition to the requirements of the certification, you must also comply with the following conditions:
I

1. The Mooresville Regional Office shall be notified in writing once construction at the approved impact areas has
I
commenced. i
i
2. We understand that you have chosen to contribute to the Ecosystem Enhancement Program (EEP) in order to
compensate for th~impacts to the unnamed tributary to Dixon Branch. In accordance with 15A NCAC 2R .0402 and
15A NCAC 2B .0242(7), this contribution will satisfy our compensatory mitigation requirements under 15A NCAC 2H
.0506(h) and 15A ~CAC 2B .0233(10). Until the EEP receives and clears your check (made payable to: DENR-
Ecosystem Enhancement Program), the stream impacts shall not occur. Ms. Carol Shaw should be contacted at
[phone] if ~ou have any questions concerning the EEP. You have one month from the date of this Certification
J
to make this payment. For accounting purposes, this Certification authorizes 531 linear feet of stream impacts in the
Catawba River Basin, (Cataloging Unit 03050101) and requires 531 linear feet of stream mitigation. Please be
aware that the EEfjlrules require rounding of stream impacts to the nearest foot and wetland impacts to the nearest
quarter acre (15A NCAC 2R .0503(b)).
I

3. A final written stor~ water management plan shall be approved, in writing, by this Office prior to the construction of
any permanent facilities at the site. The storm water facilities must be designed to treat the runoff from the entire
project, unless othtrwise explicitly approved by the Division of Water Quality. '

N~'iTh Carolina
/VaIl/roily

I
North Carolina Division of Water Quality 610 East Center Ave., Suite 301 Mooresville, NC 28] 15
Intemet h2o.enr.state.nc.usl
An Equal Opportunity/Affirmative ~ction Employer - 50% Recycled/10% Post Consumer Paper

Phone [phone]
FAX [phone]

Customer Service
1-877-623-6748

Page 2

4. Also, before any permanent building is occupied at the site, the facilities (as approved by this Office) shall be
constructed and operational, and the storm water management plan (as approved by this Office) shall be
implemented. The structural storm water practices as approved by this Office as well as drainage patterns must be
maintained in perpetuity. No changes to the structural storm water facilities shall be made without written
authorization from the Division of Water Quality.

5. All construction activities associated with this project shall meet, and/or exceed, those requirements specified in the
most recent version of the North Carolina Sediment and Erosion Control Manual and shall be conducted so that no
violations of state water quality standards, statutes, or rules occur.

6. Upon completion of the project, the applicant shall complete and return the enclosed "Certificate of Completion" form to
the 401/Wetlands Unit of the NC Division of Water Quality.

7. Continuing Compliance. Hendrick Automotive Group (the applicant) shall conduct all activities in a manner so as not to
contravene any state water quality standard (including any requirements for compliance with section 303(d) of the Clean
Water Act) and any other appropriate requirements of state and federal law. If DWQ determines that such standards or
laws are not being met (including the failure to sustain a designated or achieved use) or that state or federal law is being
violated, or that further conditions are necessary to assure compliance, DWQ may reevaluate and modify this
certification to include conditions appropriate to assure compliance with such standards and requirements in accordance
with 15 A NCAC 2H.0507(d). Before codifying the certification, DWQ shall notify the applicant and the US Army Corps
of Engineers, provide public notice in accordance with 15A NCAC 2H.0503, and provide opportunity for public hearing in
accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to the applicant in writing, shall
be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of
the Clean Water Act, and shall also become conditions of the 404 Permit for the project.

If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within
60 days of the date that you receive this letter. To ask for a hearing, send a written petition that conforms to Chapter 150B
of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This certification and its conditions are final and binding unless you ask for a hearing.

This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any
questions, please telephone Ms. Polly Lespinasse in the Mooresville Regional Office at 704-663-1699 or Ms. Cyndi Karoly
in the Central Office in Raleigh 919-733-9721.

Sincerely,

for Alan W. Klimek, P.E.

Attachments

cc: Army Corps of Engineers, Asheville
Cyndi Karoly, Wetlands Unit
Mecklenburg Water Quality
Central Files
File Copy
Len Rindner

050483

NORTH CAROLlNA-DIVISON OF WATER QUALITY
i 401 WATER QUALITY CERTIFICATION
SUMMARY OF PERMITTED IMPACTS AND MITIGATION REQUIREMENTS
I!
In accordance with 15A'NCAC 2 H .0500, Brian DePouli, Hendrick Automotive Group has permission as outlined
below to impact 531 lin~ar feet of stream in order to construct the Northlake Auto Plaza in Mecklenburg County, North
Carolina. All activities associated with these authorized impacts must be conducted with the conditions listed in the
attached certification. THIS CERTIFICATION IS NOT VALID WITHOUT THE ATTACHMENTS.
I:

COMPENSATORY MITIGATION REQUIREMENT: ECOSYSTEM ENHANCEMENT PROGRAM

LOCATION:

BASIN/SUBBASIN

Northlake Auto Plaza

COUNTY:

Mecklenburg

Catawba (03050101)

Impacts:

531 linear feet of strear

As required by 15A NCf.C 2H .0506, and the conditions of this certification, you are required to compensate for the above
impacts through the restoration, creation, enhancement or preservation of wetlands as outlined below prior to conducting
. any activities that impart or degrade the waters of the state.

Mitigation: I
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531 linear feet of streams by EEP is required for the 401 Water Quality Certification. In correspondence dated February
15, 2005, the EEP indicated that 535 linear feet of stream mitigation will be conducted by EEP.
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Note: Linear foot requirements proposed to be mitigated through the Ecosystem Enhancement Program must be
rounded to the nearest foot and acreage requirements must be rounded to one-quarter acre increments according to
15 2r .0503(b). I'
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One of the options you have available to satisfy the compensatory mitigation requirements is through the payment of a fee
to the Ecosystem Enha'ncement Fund per NCAC 2R .0503. If you choose this option, please sign this form and mail it to
the Ecosystem Enhancement Fund at the address listed below. An invoice for the appropriate amount of payment will be
sent to you upon receipt of this form. PLEASE NOTE, THE ABOVE IMPACTS ARE NOT AUTHORIZED UNTIL YOU
RECEIVE NOTIFICATION THAT YOUR PAYMENT HAS BEEN PROCESSED BY THE EEP.
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Signature I Date

ECOSYSTEM ENHANCEMENT PROGRAM
DIVISON OF WATER QUALITY
1619 Mail Service Center
RALEIGH, N.C. 27669-1619

I I

MEMORANDUM 'I i
TO: John Dorney
Non-Discharge Branch
I:
SUBJECT: WETLAND STAFF REPORT AND RECOMMENDATIONS
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Facility Name Northlak~ Auto Plaza
I,
Project Number 05 0483
Recvd From APP !
Received Date 3/17/05 I: Recvd'By Region
Project Type Commer~ial dealership

Regional Contact:
WQ Supervis,or:
Date:

Polly Lespinasse
RAX GIA~snn

County Mecklenburg

County2

Region MooresvilIe

Certificates

Permit Wetland
Type Type

Wetland Stream
Score Index

Stream
Class

Prim. Supp.

Basin

Acres
Req.

Feet
Req.

I 39 I Stream lay @Ni I I 11-120-1 ICI 130,834. I I 531.00
I I Igy aNi! I I r-I I I I "
1....~
" I ~
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MitiQation
Mitigation Type

I
Wetland
;rype Acres

Feet

II

I

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Is Wetland Rating Sheet Attached? 0 Y @ N Did you request more info? 0 Y @ N
!
Have Project Changes/Conditions Been Discussed With Applicant? 0 Y @ N
I
Is Mitigation required? @ YON Recommendation: @ Issue 0 Issue/Cond

o Deny

i
Provided by Region: Latitude (ddmmss) 352207 Longitude (ddmmss) 804956
, .
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Comments: I
Staff visited the site on' April 11. 2005. The purpose of the application is to seek approval for
approximately 531 linear feet of stream impacts The consultant classified the stream as 231 linear
feet of unimportant intermittent stream and 300 linear feet of perennial strearu. The applicant
proposed mitigation for the entire length of stream (531 linear feet). The stream is bounded on the
north end and the south end by development The southern end is part of the 1-485 construction and
has already been impa'cted
I
Require that applicant notify the MRO once construction commences and must also provide a final
written stormwater management plan prior to the construction of permanent facilities All other
standard conditions ap'ply Recommend approval Issue from MRO
I

cc:

Regional Office
Central Office

Page Number 1

Triage Check List

Date:

3/21/05

Project Name: Northlake Auto Plaza
DWQ#: 05-0483
County: Mecklenburg

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To: Alan Johnson, Mooresville Regional Office

60-day Processing Time: 3/17/05 to 5/15/05
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,
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From: Cyndi ~aroly Telephone: [phone]

Ell,r f'ar ,",

~ ft~1 , . (fJ', I,}...;<I '.".... 'I
_ 'i1 ,AI )1
' fJ II

The filel' attached is being forwarded to'your for your evaluation.
I Please call if you need assistance.
I
D Stream length impacted
D Stream :determination
D Wetlanp determination and distance to blue-line surface waters on USFW topo maps
Minimization! avoidance issues
D Buffer ~ules (Neuse, Tar-Pamlico, Catawba, Randleman)
D Pond fi~l
D Mitigation Ratios
Ditchirig
D Are the: stream and or wetland mitigation sites available and viable?
D Check drawings for accuracy
D Is the application consistent with pre-application meetings?
Cumulative impact concern
D I'
D I'
D I

"

i
Comments: As'per our discussion regarding revision of the triage and delegation processes,
please review the a~tached file. Note that you are the first reviewer, so this file will need to be
reviewed for admi~istrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
f 1
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you'encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this proc~ss, especially so that we can plan for the electronic applications, let me know.
Thanks! I

"

I
i
I 050483
i ~
rorthlake Auto PI~za/L( C{jPy

Mecklenburg Co~nty.
North Carolina

PAYMENT
RECEIVED

Joint Application Form and Supporting Documentationfor

NATIONWIDE PERMITS THAT REQUIRE NOTIFICATION

TO USACE and NCDENR

Prepared For

~~
~~ '1>"
,~~ ,''G.<:S .A-
" '\~ "~.~
~~ '~ ~ ".0;,,,:,;:,:,#
~'. " ..;,;. ~~
~ y .xc:~~
~ ~~ ~~.~~
. "Cj
,#' *"
<::)v.;~
?

Mr. Brian DePouli
Hendrick Automotive Group
6000 Monroe Road, Suite 100
Charlotte, NC 28202

Prepared By:

Leonard S. Rimmer, PWS
Environmental Planning Consultant
3714 Spokeshave Lane
Matthews, NC 28105
[phone]

* Subject to verification by the USACE

March 14, 2005

Page I of9

"'

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~@@@U'\lj@ ~

MAR 1 7 2.005

Office Use Only: I
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Form Version May 2002

USACE Action ID No. DWQ No.
(If any 'particular item is not applicable to this project, please enter "Not Applicable" or "NI A".)
I'
Processing
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1. Check all of the approval( s) requested for this proj ect:
X Se~tion 404 Permit 0
D Section 10 Permit
I
X 401 ,Water Quality Certification
!
2. Nationwidb, Regional or General Permit Number(s) Requested:
I
3. If this notification is solely a courtesy copy because written approval for the 401 Certification is
not requir~d, check here:' 0
!

O.-5u.4 83

I.

Riparian or Watershed Buffer Rules
Isolated Wetland Permit DWQ

39

4. If payment into the North Carolina Wetlands Restoration Program (NCWRP) is proposed for
mitigation; of impacts (verify availability with NCWRP prior to submittal of PCN), complete
section VIII and check here: See Attached
!

,

5. If your prbject 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
Environm~ntal Concern (see the top of page 2 for further details), check here: D

II. Applican~ Information

1. Owner/Applicant Information
I
I
M~ling Address:

Telephone Number:
E-mail Address:

Name:_Mr. Brian DePouli
Hendrick Automotive Group
6000 Monroe Road. Suite 100
Charlotte, NC 28202
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 owner/applicant.)
Nam~: Leonard S. Rindner. PWS '
Company Affiliation: Environmental Planning Consultant
I
Mailing Address: 3714 Spokeshave Lane
Matthews. NC 28105

Fax Number: 7048470185

Telephone Number: 704 904 2277
E-mail Address:lrindner(a)carolina.rr.com
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Page 2 of9

III.

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Project fuformation
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Attach a Ivicinity 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
boundarie~ 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,
imperviorts surfaces, or other facilities must be included. If possible, the maps and plans should
include th~ appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundarie~ 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 ~quires information to be submitted on sheets no larger than 11 by 17-inch format;
I
however, I PWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings~ather than a sequential sheet version of the full-size plans. If full-size plans are
reduced td a small scale such that the [mal version is illegible, the applicant will be informed that
the projecf:has been placed on hold until decipherable maps are provided.

,

1. Name!ofproject: Northlake Auto Plaza

2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. propek Identification Number (Tax PIN):
I
4. Location
I
County: Mecklenburg County Nearest Town: Charlotte
Subdiyision name (include phase/lot number):
Directions to site (include road numbers, landmarks, etc.):
See attached location maps - NC 115 and Alexanderana Blvd @ 1485
i
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5. Site cJordinates, if available (UTM or Lat/Long): 35.36860N, 80.83230W (WGS84/NAD83)
USGS I Derita (Note - If project is linear, such as a road or utility line, attach a sheet that separately lists the
coordin~tes for each crossing ofa distinct waterbody.)

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6. Prope~ size (acres): + 50 Acres
7. Neare~t body of water (stream/river/sound/ocean/lake): UT of Dixon Branch
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8. River Basin: Catawba
(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/adminlmaps/.)

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: Undeveloped woodland in early to mid succession and
formet agricultural.
I
10. Describe the overall project in detail, including the type of equipment to be used:
Propo~ed residential development. Typical land development machinery
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Page 3 of9

11. Explai~ the purpose of the proposed work:
Development of commercial auto dealership and related site development and parking areas.
I '
IV. Prior Project History
I
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (inpluding all prior phases of the same subdivision) in the past, please explain. Include
the USAC~ Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certificati6ns 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 dFscribe permits issued for prior segments of the same T.I.P. project, along with
construction schedules.
I
Preliminaiv wetland and stream evaluation was conducted in conjunction with project planning.
See Action ID 200530882. A meeting was held with the USACE on December 21. 2004 to
determine 'the extent of the jurisdictional stream and to evaluate the stream classification.
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Future P~oject Plans
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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.
!

Additionai impacts are not expected.
!

V. Proposed!Impacts to Waters of the United States/Waters ofthe State
I

It is the Jpplicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, :open water, and stream channels associated with the project. The applicant must also
provide j~tification for these impacts in Section VII below. All proposed impacts, pennanent
and temporary, must be listed herein, and must be clearly identifiable on an accompanying site
plan. AlIi wetlands and waters, and all streams (intermittent and perennial) must be shown on a
delineation map, whether or not impacts are proposed to these systems. Wetland and stream
evaluatioA and delineation forms should be included as appropriate. Photographs may be
included ht the applicant's discretion. If this proposed impact is strictly for wetland or stream
mitigatioJ, list and describe the impact in Section VIII below. If additional space is needed for
listing or ~escription, please attach a separate sheet.

1. Provi~e a written description of the proposed impacts: Proposed impacts are to
imp0l1ant and unimportant streams to create large areas for commercial development and
parki~g.
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Page 4 of9

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2. Indivi1ua11y list wetland impacts below: NA

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Wetland Impact I :TYPe ofImpact* Area of Located within Distance to
Site Number Impact 100-year Floodplain * * Nearest Stream Type ofWetland***
(indicate on map) (acres) (ves/no) (linear feet)
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* List each impact separately and identifY temporary impacts. Impaets include, but are not limited to: mechanized clearing, grading, fill,
excavation, floodirig, ditching/drainage, etc. For darns, separately list impacts due to both structure and flooding.
** 1000Year floodplains are identified through the Federal Emergency Management Agency's (FEMA) F]ood Insurance Rate Maps
(FIRM), or FEMAlapproved local floodplain maps. Maps are available through the FEMA Map Service Center at 1-800-358-9616, or
online at httD://ww~.fema.gov.
*** List a wetland type that best describes wetland to be impacted (e.g., freshwater/saltwater marsh, forested wetland, beaver pond,
Carolina Bay, bog) etc.) Indicate if wetland is isolated (detennination of isolation to be made by USACE only).
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List the total acreage (estimated) of all existing wetlands on the property:
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Total ~ea of wetland impact proposed: 0 acre

3. Individually list all intermittent and perennial stream impacts below:
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Stream Impact Length of Average Width Perennial or
Site Number Type of Impact* Impact Stream Name** of Stream Intermittent?
(indicate on mao) (linear feet) Before Impact (olease soecifv)
1 NWP 39 231' UT of Dixon Branch 4' Unimportant
intermittent* * *
2 NWP 39 300' UT of Dixon Branch 6' Perennial

*

List each impactseparate]y and identifY temporary impacts. Impacts include, but are not limited to: culverts and associated rip-rap,
dams (separate]y list impacts due to both strueture and flooding), reloeation (include linear feet before and after, and net loss/gain),
stabilization activities (cement wall, rip-rap, crib wall, 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. .
** Stream names c~ be found on USGS topographie maps. If a stream has no name, list as UT (unnamed tributary) to the nearest
downstream named stream into whieh it flows. USGS maps are availab]e through the USGS at ]-800-358-9616, or online at
WWW,USgS,gov. I Severa] internet sites also allow direct download and printing of USGS maps (e.g., WWW.topozone.com,
www.maDauest.com. etc.).
I

cum~lative impacts (linear distance in feet) to all streams on site: 531 If

2311ibear feet "unimportant" - mitigation provided/NCDENR
300 li~ear feet "important" - mitigation providedlUSACE & NCDENR
,
,

Mitigation is provided for 531 linear feet
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4. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean land any other water of the U.S.) below: N/A
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Open Water Impact I Area of Name of Water body Type of Water body
Site Number I Type of Impact* Impact (lake, pond, estuary, sound,
(indicate on maD) i (acres) (if applicable) bay, ocean, etc.)
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*

List each Impact separately and identify temporary impaets. Impacts include, but are not limited to: fill, excavation, dredging,
flooding, drainage; bulkheads, etc.
1
,
,
;
5. Pond 8reation
If con~truction 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 desbribed here and illustrated on any maps included with this application.
Pond ~o be created in (check all that apply): D uplands D stream D wetlands
Descri,be the method of construction (e.g., damlembankment, excavation, installation of
draw-down valve or spillway, etc.):
!

Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local ~tormwater requirement, etc.):
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Size of watershed draining to pond:
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Expected pond surface area:

VI. Impact Justification (Avoidance and Minimization)
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Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
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information related to site constraints such as topography, building ordinances, accessibility, and
financial ~iability of the project. The applicant may attach drawings of alternative, lower-impact
site layou~s, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the d~sired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts.
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An analysis was conducted to determined the practicality of avoiding impacts to the stream -
summary 'plan attached. In order to develop the site large areas must be graded accomodate
showrooms. car lots. and service areas. Large retaining walls of over 1100 linear feet long and
approximately 20 feet high would be required. A significant area ofthe site would become
unuseabhL The site was proposed with minimum parking requirements per local for ordinances.
The site is' graded with the maximum grades to accommodate pedestrians and vehicular
accessibility.
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Mitigation'

DWQ - I~ accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division qf Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams. .1 i

USACE i. In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on March 9, 2000, mitigation will be required when
necessary I to ensure that adverse effects to the aquatic environment are minimal. Factors
including ;size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
I
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are n~t limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic r~source functions and values by creating, restoring, enhancing, or preserving similar
functions bd values, preferable in the same watershed.
I

Ifmitiga~on 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 NCWRP concurrence shall be placed on hold as
incompletb. An applicant may also choose to review the current guidelines for stream restoration
in DWQfs Draft Technical Guide for Stream Work in North Carolina, available at
http://h20lenr.state.nc. us/ncwetlands/strmgide.html.
!
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1. 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/o~ 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,
presetvation 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.
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2. Mitigation may also be made by payment into the North Carolina Wetlands Restoration
Program (NCWRP). Please note it is the applicant's responsibility to contact the NCWRP at
(919)/733-5208 to determine availability and to request written approval of mitigation prior
to su~mittal of a PCN. For additional information regarding the application process for the
NCWRP, check the NCWRP website at http://h2o.enr.state.nc.us/wro/index.htm. If use of
the NCWRP is proposed, please check the appropriate box on page three and provide the
follovling information:
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Amount of stream mitigation requested (linear feet): 531 linear feet ($108,855)
Mnount of buffer mitigation requested (square feet):
Atnount of Riparian wetland mitigation requested (acres):
A.lnount of Non-riparian wetland mitigation requested (acres):
Nnount of Coastal wetland mitigation requested (acres):
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VII. Enviromhental Documentation (required by DWQ) NA
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Does the I project involve an expenditure of public (federal/state) funds or the use of public
(federal/s~te) land?
Yes D No X
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If yes, dOes the project require preparation of an environmental document pursuant to the
requirem~nts of the National or North Carolina Environmental Policy Act (NEP AlSEP A)?
Note: If you are not sure whether a NEPAlSEPA document is required, call the SEPA
coordinatbr at [phone] to review current thresholds for environInentaI documentation.
Yes D No D

If yes, hJ I the document review been fmalized by the State Clearinghouse? If so, please attach a
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copy of the NEP A or SEP A final approval letter.
Yes D No 0
VIII. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) NA
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It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required ~tate and local buffers associated with the project. The applicant must also provide
justificatipn 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, wh~ther 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'~ discretion.

Will the iproject impact protected riparian buffers identified within 15A NCAC 2B .0233
(Neuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 2B .0250 (Randleman Rules and
Water Su~ply Buffer Requirements), or other (please identify. . )?
Yes 0 NoD If you answered "yes", provide the following information:
I

Identify ~e square feet and acreage of impact to each zone of the riparian buffers. If buffer
mitigatio~ is required calculate the required amount of mitigation by applying the buffer
multiplie~s.

Zone * Impact Multiplier Required
i (sQuare feet) Mitigation
I 1 3
, 2 1.5
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i Total
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*

Zone 1 extends out 30 feet perpendicular from near bank of channel; Zone 2 extends an
additional 20 feet from the edge of Zone ].

If buffer rpitigation is r.equired, please discuss what type of mitigation is proposed (i.e., Donation
of Property, Conservation Easement, Riparian Buffer Restoration / Enhancement, Preservation or
Payment mto the Riparian Buffer Restorntit)ll Fund). Please attach all appropriate information as
identifre<l \within 1'5A NCAC 2B .0242 or .0260.

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IX. Stormwat~r (required by DWQ)
Describe iWpervious acreage (both existing and proposed) versus total acreage on the site.
Discuss st?Fwater controls proposed in order to protect surface waters and wetlands
downstream from the property.
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A stormwater ma4~gement facility is proposed to treat stormwater to 85% TSS in accordance with NC
Stormwater Best Management Practice Manual, 1999. The Stormwater Management Pond is expected to
be approximately 2 acres.
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X. Sewage Dlsposal (required by DWQ)

Clearly delil the ultimate treatment methods and disposition (non;.~ischarge or discharge) of
wastewater:generated from the proposed project, or available capacity of the subject facility.
Municipal'Svstem-
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XI. Violations (required by DWQ) NA
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Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Ye~i 0 No X
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Is this an after-the-fact permit application?
Yef 0 No X

XII. Other Cir~umstaDCes (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 ofthe applicant's control).

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Applicantl Agent' s'SigBature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)

Page 9 of9

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,.[

LEONA;RD s.. RlNDNER. PWS
I.w.......... ....... CHI.halt
PrOldSioaill WetJud Sdeadst
Lud PlaaDJaI
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DecemJ 21 2004
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Hendrick Automotive Group
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6000 Monroe Road, Suite 100
Charlotte. NC 28202

De: WcdUd CouultAtioa - Nordalake Aaco PIaa:a, HutenvDle. NC - Atreat
Afda,rIUtioD IMtIr '
\ '
'Dear s~

37.. Spok.....vo IAcw
M.ttMwt, NC 21105
TeJr. [phone]
r.. (714) "7...1.1

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In order i to Jnterfia with the United StaleS Army Corps of Eagi:ocert and the North
Carolina DepautrDart of Natural Resources I will need your aQtborizadon. P1eaae sian the
fullowinS. statc:mcm:

Tlals Iidter "lIIIIoriza /AtJ1IfINl S. llbubtn. PWS a 0117 f"",," ."", IIJlIfiIlUn ,dtIUd
10 Wdl~ 0/ tire u.s. IUUl Walen of NtH'tII CiuoliIuI IDr tII, M/.nlft:IUI proj<<:lslle. 'Fills
J*lwJ~1 bUBle/", willi tII, u.ltetI SlIdeS Amt)' CNfIS 0/ &16m.,., ",,11 tile Nort/I
Carol"." Department of NtlturtllllUtJufC4J$.

~['~' a.--Cl,~~. 1;2(~llolof
Fo~ tlrick A. tiN GIOMfJ - 0 DIIM '
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P1casc eontaot mo if you have any questions Of require additiOnal explanation. Thank you
iDr your r-idemtion.

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DarerS. Rlndner. PWS
Environmental Planning Consultant
ProfessiOn WetJaDcf &ientist
I:

Z'~ tS2E-99S-~O~
, toO/tOO'd ssao# ~llO~~VH~ ~OH-^~~WI~

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rwia r."W.dWltitj(';=~plld.\lWIIURU - . "'1'Il '.cren4 11

,
~__n Kimley-iiom
-.....J U and As$ociates, Inc,
@2005 I'
4601 CHARLOTIE PARK DR.1 STE 300
Chorlott!!!, North Corolino.28217

NORTHLAKE
AUTO PLAZA
WETLAND REVIEW

PROJECT SITE
ON DERITA USGS
QUAD MAP

[FIG~RE J

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THIS DOCUMENT. TOGETHER WITHi THE CONCEPTS AND DESIGNS PRESENTEO HEREIN. p.s AN INSTRUUENT OF SERVICE. IS INTENDED ONLY FOR THE PURPOSE AND CUENT FOR WHICH IT WAS PREPARED.
REUSE: OF AND IMPROPER RElJ1lNCE ON THIS DOCUMENT WITHOUT wR1ITEN AUTHORIZATION AND ADAPTATION BY KIIJLEY-HORN AND ASSOCtI\TES. INC. SHAl.L BE WITHOUT lIABILITY TO KIMLEr-HORN AND
ASSOOATES. INC. I '

TopoZone - The ~eblS Topographic Map

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http://www.topozone.com/print.asp?z= 17 &n=3913936.00009299&e=515236:999999999&... 3/13/2005

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'110 0.3 0.6 0.9 1.2

, : 0 0.1 0.2 0.3 0.4 0.5 lIli
Map center is 35.36860N, 80.83230W (WGS84/NAD83)
I: Derita quadrangle
I Projection is UTM Zone 17 NAD83 Datum
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1.5 kill

;

M=-7.156
G=O.097

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

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Action rd. 200530882 County: Mecklenbure: U.S.G.S. Quad: Derita

I ~OTIFICATION OF JURISDICTIONAL DETERMINATION

Property Owner/Agent: Hendrick Automotive GrouD
Address: 6000 Monroe Road. Suite 100
Charlotte.. NC 28202
Telephone No.: I
Size and locatio~ of property (waterbody, road name/nwnber, town, etc.) The site is located on the south side of
Alexanderana Road, adiacent to the west side ofNe Hwv 115. in Charlotte. Mecklenburl! County. North
Carolina. I ' '

Indicate Which of the Following App}v:

Based on pr~~ infonnation, there may be waters of the U.S. on the above described property. We
strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction.! To be considered final, a jurisdictional determination must be verified by the Corps.

X There are waters of the U.S. on the above descn'bed property subject to the pennit requirements of Section 404
of the Clean Water Act (CWA)(33 USC ~ 1344). Unless there is a change in the law or our published
regulations,ithis determination may be relied upon for a period not to exceed five years from the date of this
notification! :
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. We strongly suggest you have the waters of the U.S. on your property delineated. Due to the size of your
property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely IDllDller. For a more timely delineation, you may wish to obtain a consultant. To be considered final,
any delinea~on must be verified by the Corps.

X The waters of the U.S. on your property have been delineated and the delineation bas been verified by the
Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed aqd verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas
subject to C,,?/ A jurisdiction on your property which, provided there is no change in the law or our published
regulations; may be relied upon for a period not to exceed five years.
I
_ The wa~ of the U.S. have been delineated and surveyed and are accurately depicted on the plat signed by
the Corps Regulatory Official identified below on _' Unless there is a change in the law or our published
regulations~ this determination may be relied upon for a period not to exceed five years from the date of this
notification:

There are no waters of the U.S., to include wetlands, present on the above described property which are subject
to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change m
the law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
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The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area
Management Act (CAMA). You should contact the Division of Coastal Management in
Washingto*, NC, at [phone] to determine their requirements.

Corps Regulatoty Official:
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Date Januarv31.2005
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iration Date Januarv 31. ~~
JO\'O Page 1 of 2
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Action Id. 200530882

Placement of drk~ged or fill material within waters of the US and/or wetlands without a Department of the Army
pennitmay cOn$titute a violation of Section 301 of the Clean Water Act (33 USC 9 1311). If you have any
questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-
271-7980 x. 23i.i . -

Basis For Deterbnation: The site contains stream channels with indicators of ordinary hieh water marks
which is an un~amed tributarv to Lon!! Creek in the Catawba River Basin.

eo,p. ReguIa+ Official (Inilial), ~

FOR OFFICE llSE ONLY:
. A plat ~~ sketch of the property and the wetland data form must be attached to the file copy of this folll1.
. A cop~ of the "Notification Of Administrative Appeal Options And Process And Request For Appeal"
form u{ust be transmitted with the property owner/agent copy of this folll1. .
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. If the property contains isolated wetlands/waters, please indicate in ''Remarks'' section and attach the
''Isolat~d Determination Information Sheet" to the file copy of this fonn.

CF: Len Rindner
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JURISDICTIONAL DETERMINATION
U.S. Army Corps of Engineers

Revised 8/13/04

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DISTRICT OmCE: Wilmington
FILE NUMBER: 200530882

PROJECT LOCATION INFORMATION:
State: I : NC
County: ! Mecklenburg
Center coordinates of site (1atitudellongitude): 35.3676775/80.8330649
Approximate size of area (parce]) reviewed, including uplands: > 5 acres.
Name of nearest waterway: Long Creek
Name of watershed: Catawba
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JURISDICTIONAL DETERMINATION
Completed:! Desktop detennination
i Site visit(s)

Jurisdictiodm Determination (JD):

D Pre]~b JD - Based on available infonnation, D there appear to be (or) D there appear to be no "waters of the
United States" and/or "navigab]e waters of the United States" on the project site. A preliminary JD is not appealable
(ReferenCe 33 CFR part 331).
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m Appro~ed JD - An approved JD is an appealable action (Reference 33 CFR part 331).
Check all that apply:
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SOl"..,'.
~

Date:
Date(s): December 21,2004

EllIi There are "navigab]e waters of the United States" (as defined by 33 CFR part 329 and associated guidance) within
the reviewed area. Approximate size of jurisdictional area:
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m ThJe are "waters of the United States" (as defined by 33 CFR part 328 and associated guidance) within the
review~ area. Approximate size of jurisdictional area: .

Em! ThJe are "isolated, non-navigable, intra-stale waters or wetlands" within the reviewed area.
, I . mf Decision supported by SW ANCClMigratory Bird Rule Infonnation Sheet for Determination of No
, Jurisdiction.

BASIS OF JURISDICTIONAL DETERMINATION:
A. WaterS dermed under 33 CFR part 329 as "navigable waters of the United States":
1m The presence of waters that are subject to the ebb and flow of the tide andlor are presently used, or have been used in
the past,. or may be susceptible for use to transport interstate or foreign commerce.
I
B. Waters dermed under 33 CFR part 328.3(a) as "waters ofthe United States":
m1 (l) Th~ presence of waters, which are currently used, or were used in the past, or may be susceptible to use in
interstate or foreign commerce, including al] waters which are subject to the ebb and flow ofthe tide.
EN (2) The' presence of interstate waters including interstate wetlands1.
IffitI (3) The presence of other waters such as intrastate lakes, rivers, streams (inc]uding intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or
destruction of which could affect interstate commerce including any such waters (check all that apply):
D (i):which are or could be used by interstate or foreign travelers for recreational or other purposes.
D (ii) from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
D (iii) which are or could be used for industria] purposes by industries in interstate commerce.
~ (4) Impoundments of waters otherwise defined as waters of the US.
~ (5) TIlf! presence ofa tributary to a water identified in (1)- (4) above.
IS! (6) The presenee oftenitoria] seas.
Jill)j) (7) Th~ presence of wetlands adjacenr to other waters of the US, except for those wetlands adjacent to other wetlands.
!

Rationale for the Basis of Jurisdictional Determination (applies to any boxes checked above). The site contains
stream chalmels with indicators of ordinary high water marks which is an unnamed tributary to Long Creek in
the Catawba River Basin.
!

Lateral Ext~nt of Jurisdiction: (Reference: 33 CFR parts 328 and 329)
Iillill. Ordinary High Water Mark indicated by: 121 High Tide Line indicated by:
D clear, natural line impressed on the bank D oil or scum line along shore objects
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t

~~
-~^\Ecos~stem JL

~,.."",~ 4,-",," $!>.~~.. ,"""l'i..""t~. .:: . \f., ......'o/-'4"rA<<... fA,"j'A""'3,.,,".:.'.'..'
\'l , Il' 1 [' , , Ii. 4.....' ~ we' t."
~i L ,j "rJ t ~Ii )1, ,'I ~ 1.. ffi f J
~,llf>.._.~%' y.lLAU-.<$.....Ji..~~.........a. /..$..~%Y
PROGRAM

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Leonard S. Rindner,lpWS
Environmental Plan~ing Consultant
3714 Spokeshave L~ne
Matthews, NC 28105
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Project: Northlake Auto Plaza
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County: Mecklenburg
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The purpose of this ~etter is to notify you that the North Carolina Ecosystem Enhancement Program (NC EEP) is
willing to accept payment for stream impacts associated with the above referenced project. Please note that the
decision by the NC EEP to accept the mitigation requirements of this project does not assure that this payment
will be approved by!the U.S. Army Corps of Engineers and the N.C. Division of Water Quality Wetlands/401
Unit. It is the resporsibility of the applicant to contact these agencies to determine if payment to the NC EEP for
impacts associated >>,ith this project is appropriate.

This acceptance is vllid for six months from the date of this letter. If we have not received a copy of the issued
404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the 404/401 to NC EEP. Once NC EEP receives a copy of the 404 Permit and/or
the 401 Certificatiori. an invoice will be issued.

February 17, 2005

Based on the infomiation supplied by you on the in lieu fee request form dated February 16,2005, the stream
restoration that is nJcessary to satisfy the compensatory mitigation requirements for this project is summarized in
the following table. I The maximum amount of mitigation that the NC EEP will accept, for this project is also
indicated in this table.

, Stream Riparian Wetlands Non-Riparian Wetlands
, (linear feet) (acres) (acres)
Impacts , 535
;
Mitigation Maximum 1,070

The stream mitigatiln will be provided as specified in the 401 Water Quality Certification and/or Section 404
Permit for impacts ~ssociated with the referenced project in Cataloging Unit 03050101 ofthe Catawba River
Basin. The mitigati~n will be performed in accordance with the Memorandum of Agreement between the N. C.
Department ofEnvi~onment and Natural Resources, the U. S. Army Corps of Engineers and the N. C. Department
of Transportation signed July 22, 2003.

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RMtOYinj... E~... pyotec:tinj OW" sta:t~
North Carolina Ecosystem ~nhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652/919-715-0476/ www.nceep.net

A7A
~CDENR

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Leonard Rindner I
Northlake Auto Plaza
February 17, 2005 I:
Page 2 i

If you have any Queltions or need additional information. please contact Carol Shaw at [phone].

Sincerely,

Cr::G~~O~'~

Director

cc:

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Cyndi Karoly, Wetlands/401 Unit
Steve Chapin, USACOE-Asheville
Allen Johnsbn, DWQ Regional Office-Mooresville
File ;,
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North Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476/ www.nceep.net

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@ 2005
4601 CHARlOTTE PARK OR. STE 300
Chorlotte, North Corolina 28217

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Kimleyftom
and Associates. Inc.

NORTHLAKE
AUTO PLAZA
WETLAND REVIEW

EXISTING CONDITIONS

[FIG~RE J

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THIS DOCUMENT, TOGETHER WITH, THE CONCEPTS AND DESIGNS PRESENTED HEREIN. /JS AN INSTRUMENT OF SERVICE. IS INTENDED ONLY FOR THE PURPOSE AND CUENT FOR WHICH IT WAS PREPARED.
REUSE OF" AND IMPROPER REUANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTAnON BY KIMLEY-HORN AND ASSOCIATES. INC. SHALl BE WITHOUT LIABILITY TO KIMLEY-HORN AND
ASSOCIATES, INC. ! '

BEGIN STREAM

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[FIG2URE]
ENLARGED STREAM AREA

~_1nI Kimley.Hom !
IIilo.J_U and Associates.lnc,
@ 2005 I .
...601 CHARLOTTE PARK DR. STE JOO
Charlotte, North Carolina 282q 1

NORTHLAKE
AUTO PLAZA
WETLAND REVIEW

[ ,
THIS DOCUMENT, TOCErHER WITH THE CONCEPTS .AND DESIGNS PRESENTED HEREIN, AS AN INSTRUMENT or SERVICE, IS INTENDED ONLY FOR THE PURPOSE AND CLIENT FOR WHICH IT WAS PREPARED. REUSE OF
AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORIZATION AND ADAPTATION BY KIM LEY-HORN AND ASSOCIATES. INC. SHAll. BE WITHOUT Lll\B1UTY TO KIMLEY-HORN AND ASSOCIATES, INC.

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LF STREAM IMPACT (UNIMPORTANT)

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EACH INTERNAL SITE HAS BEEN DESIGNED WITH MINIMUM PARKING.
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2. SITE HAS BEEN DESIGNED WITH MAX. GRADES TO ACCOMMODATE A PEDESTRIAN ORIENTED PROJECT AND
ALLOW FOR ANTICIPATED VEHICULAR ACCESSIBILITY.

NOTES:

3. ABBREVIATIONS:
FFE = FINISHED FLOOR ELEVATION
EX. EL. = EXISTING ELEVATION
PROP. EL. = PROPOSED ELEVATION
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NORTHLAKE
AUTO PLAZA
WETLAND REVIEW

CONSTRAINTS MAP

(FIG~RE ~

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~__n KimIey.Hom
-....J U and A8G0ciates. Inc.
@2oo5 Ii
4601 CHARLOm: PARK DR. S1E Joo
Oloriottl!, North Corolina 28217

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THIS DOCUMENT. TOCETHER WITH THE CONCEPTS AND DESlCNS PRESENTED HEREIN, I>S AN INSTRUNENT or SERVICE. IS INTENDED ONLY FOR THE PURPOSE AND CUENT FOR WHICH IT WAS PREPARED.
REUSE OF AND IMPROPER REUANCE ON THIS DOCUMENT WITHOUT WRITTEN AUTHORiZATION AND ADAPTATION BY KlMlLY-HORN AND ASSOCIATES. INC. SHALL BE WItHOUT UASlllTY TO KINLEY-HORN .AND
ASSOCIATES, INC. I '

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REQUIRED ACCESS LQCA TIQNS

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1 . EACH INTERNAL SITE HAS BEEN DESIGNED WITH MINIMUM PARKING.

2. SITE HAS BEEN DESIGNED WITH
ALLOW FOR ANTICIPATED
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ABBREVIATIONS:
FFE FINISHED I FLOOR ELEVATION
EX. EL. = EXISTING ELEVATION
PROP. EL. PROPOSED ELEVATION
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MAX. GRADES TO ACCOMMODATE A PEDESTRIAN ORIENTED PROJECT AND
VEHICULAR ACCESSIBILITY.

3.

NO PRACTICAL ALTERNATIVE ANALYSIS

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@ 2005

Kimley-Hom
and AssoclaIes, Inc,
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NORTHLAKE
AUTO PLAZA
WETLAND REVIEW

CONSTRAINTS MAP

[FIG~RE J

4601 CHARLOTTE PARK DR, STE 300
Charlotte. North Corolina 28217

THIS DOCUMENT. TOGETHER WITH THE CONCEPTS AND DESIGNS PRESENTED HEREIN. AS AN INSTRUMENT OF SERVlCE. IS INTENDED ONLY FOR THE PURPOSE AND CLIENT FOR WHICH rr WAS PREPARED,
REUSE OF AND IMPROPER RELIANCE ON THIS DOCUMENT WITHOUT WRITIEN AUTHORIZATION AND ADAPTATION BY KIMLEY-HQRN AND ASSOCIATES, INC. SHALL BE WITHOUT LIABILITY TO KIMLEY-HORN AND
ASSOCIATES, INC.

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MECKLENBURG COUNTY
AERIAL PHOTOGRAPH

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MEMORANDUM
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I' Cyndi B. Karoly, Supervisor
~Ol Oversight and Express Pennits Unit
I I NCDWQ Wetlands and Stormwater Branch
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Ron Linville, Regional Coordinator /' Y I
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Habitat Conservation Program
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! March 29, 2005
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Richard B. Hamilton, Executive Director

TO:

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MAR 3 1 2005

FROM:

DENR W'-'-'
Vv'ETlANo" A,;' f', I t:,R QUALITY
I ",0 STOII.MNA TER BRANCH

DATE:

SUBJECT:

Review of an application for Hedrick Northlake Auto Plaza, DWQ # 050483, Mecklenburg
County

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The applicant is requesting 401 Water Quality Certification from the North Carolina Division of Water Quality. The
NCWRC has reViewed infonnation provided by the applicant, and field biologists on our, staff are familiar with
habitat values of the project area. These comments are provided in accordance with provisions of the Clean Water
Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat 401, as amended; 16
U.S.C.66l-667d).
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The project is t~ develop a large automotive plaza near an unnamed tributary of Dixon Branch. Impacts will occur
to important and non important streams for the commercial development. Total impacts will be 531 linear feet of
intennittent and'perennial stream.

Based on our reHew of the submittal, it appears that impacts could be reduced through a lreconfiguration of
impervious areaS by customizing both the design and local requirements for parking lots. Although, we have not
visited the site, ~ve cannot concur that all these impacts are necessary simply to meet local parking lot ordinances.
Accordingly, we, recommend a reevaluation of these impacts prior to pennit and certification issuance. If the
parking lots Carlnot be reconfigured, area streams should be relocated using natural channel design techniques to
prevent complete loss of habitat values and to preserve green spaces in the project area. If this is not possible,
stonnwater matmgemcnt should be provided to maintain post construction runoff charactcristics at pre construction
levels. Stonnwater ponds should be vegetated with native plants (see attached) to restore 'wildlife habitat and reduce
thermal impact$ to area waters. Low Impact Development (LID) techniques are encouraged. Infonnation on LID
practices and measures can be found at w\\w.lo\\impnctdc\clopmcnt.org. .
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Thank you for the opportunity to review and comment on this project. If you have any questions regarding these
comments, please contact me at 336/769-9453.
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Attachment: Piedmont Stormwater Pond and Mine Planting Recommendations
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Ec: Allan Johnson, DWQ-MRO

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Mailing Add~ess: Division of Inland Fisheries · 1721 Mail Service Center . i Raleigh, NC 27699-1721
Telephone: [phone] · Fax: [phone]

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Hedrick Northlake Auto Plaza
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2

March 29, 2005

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fiedmont Stormwater Pond and Mine Planting Recommendations
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Instead of using the typical fescue grasses or exotic plant species, the following mixtures should be
considered for lower elevation stormwater ponds and mine sites: ;

SPriDg/summe, ~ixture, May I - Sept. 15 FaWWinter Mixture, Sept. 15 - April 30

Browntop milletl. 201bs/a Winter Wheat 1201bs/a
Kobe lespedeza i 20 Ibs/a Kobe lespedeza 20 lbs/a
Shrub lespedezai ,llb/a Shrub lespedeza llb/a
Switchgrass* I 5 lb/a Switchgrass* 5 Ib/ac

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Add to fall or spring plantings: 'Tioga' Deertongue (Panicum clandestinum) at a late of71bs. Pure Live
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Seeds (PLS) perl acre.
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* When possible 9n slopes less than 3: 1 use Switchgrass instead of lespedezas and on slo~s greater than 3: 1 use
Orchard Grass or Creeping Red Fescue. Other native species may be appropriate depending on soil, slope, and
region. Korean lespedeza may be appropriate in colder geophysical areas. We do not recommend Serieca
lespedeza. Native plants and wann season grasses are preferred over exotic plants. '
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Add one of the following to the above mixture:
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Creeping Red Fescue
Ladino Clover* M
Atlantic Coastal Panic Grass
Alfalfa * * I

5 lbs/acre
5 lbs/acre
5 Ibs/acre (PLS)
5 Ibs/acre (requires fertilizer containing Boron)

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** Lime & fertilize disturbed areas according to NRCS soil test results and follow planting guidelines as appropriate
and necessary. Depending on elevation and region, other native species may be appropriate. Note that mowing
should be limited to late winter or early spring. Mowing should only occur as needed to prevent unwanted tree
growth on a 2-3 year schedule.

The provision Ji- shade around impounded waters can significantly reduce thermal impacts. Trees and
shrubs (1 year bare root seedlings) should be planted randomly at a minimal rate of 100 trees per acre on
the top and upper portions of the structure and at a minimal rate of 150 per acre around the normal water
elevation and littoral shelf area. The following list of tree species may assist in providing habitat benefits:
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Loblolly Pine*.Red Cedar
Hickory' I . Sumac
Viburnum I Green Ash
Water Oak I i Spice Bush
Swamp Chestnut
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Other species may be utilized depending on site requirements and native plant availability. Pines* should not
exceed 15% of the reforestation. No more than 20% of the tree species will be of a single species. An 80% success
rate is acceptable over five years. Large or fast growing trees like Sycamore and Maple** may not be appropriate
near detention facility dams. Note: Non-native plants included in this list are routinely .considered beneficial and/or
agriculturally established non-natives. They have been included as they are readily available commercially and they
do not exhibit many of the negative attributes of other non-natives that tend to spread or inhibit native plant
propagation and: survival.

Black Gum American Holly
White Oak Willow Oak
Ironwood Black Cherry
Willow (sp) Serviceberry
Silky Dogwood

Dogwood
Red Maple* *
Persimmon
Red Oak
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