HomeMy WebLinkAbout20240147 Ver 1_Noah's Run ePCN documents compressed_20240122Angela Petros
From: Angela Petros
Sent: Monday, August 28, 2023 7:21 PM
To: 401 PreFile
Subject: Noah's Run NWP 29 Pre -Application
To Whom It May Concern,
Atlas will be submitting an NWP 29 application for the Noah's Run project. This project is in China Grove
(Rowan County) and is a Residential project. True Homes is the applicant.
Angela Petros
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, NC 28211
(704) 965-1219 mobile
www.atiasenvi.com
Offices in Asheville and Charlotte
ENVIRONMENTAL
Preliminary ORM Data Entry Fields for New Actions
SAW — 201 -
BEGIN DATE [Received Date]:
Prepare file folder
1. Project Name [PCN Form A2a]: Noah's Run
2. Work Type: Private ❑ Institutional El
3. Project Description / Purpose [PCN Form 133d and 133e]:
Residential development
Assign Action ID Number in ORM ❑
Government ❑ Commercial ❑✓
4. Property Owner / Applicant [PCN Form A3 or A41: Owner: Dependable Development Inc
Applicant: True Homes
5. Agent / Consultant [PCN Form AS — or ORM Consultant ID Number]: Atlas Environmental, Jennifer Robertson
6. Related Action ID Number(s) [PCN Form B5b]: None Known
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]:
770 Shue Road China Grove, NC 28023
35.5861620 /-80.5713460
8. Project Location - Tax Parcel ID [PCN Form 131a]: 114 007 and 115 169
9. Project Location — County [PCN Form A2b]: Rowan
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: China Grove
11. Project Information — Nearest Waterbody [PCN Form 132a]: Mills River, Class C, Index #: 12-110
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Lower Yadkin, 03040103
Authorization: Section 10 ❑ Section 404
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑✓ Section 10 & 404 ❑
❑Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20150602
IRONMENTAL
US Army Corps of Engineers
Charlotte Regulatory Field Office8430
Attn: Jennifer Lawrence
University Executive Park Drive, Suite 611
Charlotte, NC 28262
Re: Noah's Run +/- 176.03 acres
770 Shue Road China Grove, NC 28023
Nationwide Permit 29 Application
Action ID: unknown / DWR Project #: unknown
Jennifer/ Stephanie:
January 22, 2024
NC Division of Water Resources
401 and Buffer Permitting Unit
Attn: Stephanie Goss
1617 Mail Service Center
Raleigh, NC 227699-1617
Atlas Environmental Inc is submitting the enclosed package on behalf of Andrew McDonald of
True Homes for approval of a Nationwide Permit 29 verification for unavoidable impacts to
Waters of the United States. Atlas Environmental completed a stream and wetland delineation
on August 17 and 18, 2023. A preliminary jurisdictional determination was submitted to the U.S.
Army Corps of Engineers on January 19, 2024. The JD has yet to be issued. There are a total
of four perennial streams, six intermittent streams and six wetlands within the review area.
The project's purpose is for the construction of a residential development consisting of up to 316
total units of single family detached homes and attached townhomes. The development will
require two permanent unavoidable impact to Waters of the United States and four temporary
impacts. Impact S1 consists of 90 linear feet (-0.0107 acres) of perennial stream impact of CH
100 for the installation of a culvert for a road crossing. Impact S2 consists of 25 linear feet
(-0.001 acre) of perennial stream impact of CH 200 for the installation of a culvert for a
pedestrian path. The four temporary impacts S3, S4, S5, and S6 are for temporary pump
arounds above and below the culverts. Each temporary impact is 20 LF and will be restored to
previous conditions. No mitigation will be required for this project as stream impacts are less
than 0.02 acre.
The site has been designed and engineered to avoid and minimize impacts to the greatest
extent possible. All 0.463 acres of wetlands are being preserved. More than 98% of the
streams are being avoided. There is a FEMA floodplain and a named stream (Grants Creek)
that briefly enter the review area along the Northwestern property boundary.
Both the FEMA floodplain and Clark Creek will be avoided. North Carolina Department of
Natural and Cultural Resources recommends a systematic shovel test of this floodplain along
Grants Creek that is being untouched. They also recommend a reconnaissance level survey
with judgmental shovel test for the remainder of the project. Including the 80 ft of temporary
impacts for pump around access; only, 195 linear feet of the 6,833 linear feet in the review area
is being impacted.
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
FAQ
Enclosed are the necessary permit application documents and additional information. Thank
you for your attention to the enclosed request. Please contact me if you need any additional
information.
Best regards,
1
Allyson Sinclair
asinclair@atlasenvi.com
ATLAS Environmental, Inc.
338 S. Sharon Amity Road #411
Charlotte, North Carolina 28211
704-512-1206 (o) / 828-712-9205 (m)
www.atlasenvi.com / Offices in Asheville and Charlotte
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North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
October 23, 2023
Allyson Sinclair
Atlas Environmental Inc.
PO Box 17323
Asheville, NC 28806
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
aiinclair e,atlasenvi.com
Re: Construct Noah's Run residential development, 770 Shue Road China Grove, Rowan County
ER 23-2198
Dear Ms. Sinclair:
Thank you for your email of September 28, 2023, regarding the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
While there are no recorded archaeological sites within the project area, there is one previously recorded
precontact archaeological site, 31RW74, adjacent to the project area. The site was never delineated to
determine its boundaries and based on previous investigations, there is a high probability the site extends
within the project area. Additionally, the project area has not been systematically surveyed to determine the
presence or location of other archaeological resources that may be eligible for listing in the National
Register of Historic Places (NRHP). Given the varied landscape encompassed by the undertaking, different
portions of the project area may be considered to have a high or low probability for archaeological
resources depending on topography, soils, proximity to water, and historic land use. We are, therefore,
recommending that a systematic shovel test survey of the floodplain along Grants Creek and a
reconnaissance level survey with judgmental shovel testing of the remainder of the project area be
conducted.
The archaeological survey should be conducted by an experienced archaeologist that meets the Secretary of
the Interior's Professional Qualification Standards. A list of archaeological consultants who have
conducted or expressed an interest in contract work in North Carolina is available at
hllps://archaeology.dncr.nc.gov/archaeological-consultant-list. The archaeologists listed, or any other
experienced archaeologist, may be contacted to conduct the recommended survey.
Our office requests consultation with the Office of State Archaeology (OSA) Review Archaeologist to
discuss appropriate field methodologies prior to the archaeological field investigation. You can find the
Review Archaeologist for your region at https://archaeology.dncr.nc.gov/about/contact. OSA's
Archaeological Standards and Guidelines for Background Research, Field Methodologies, Technical
Reports, and Curation can be found online at: hllps://files.nc.gov/dncr-
arch/OSA Guidelines Dec20l7.Ddf.
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898
ER 23-2198 October 23, Page 2 of 2
Please note that as of June 30, 2023, OSA is using Citrix ShareFile for archaeological consultants to submit
digital archaeological reports and site files for Environmental Review. Consultants should review our
ShareFile User Guidelines and submit a ShareFile User Access Form to Kim Urban
(kimberly.urbangdncr.nc.gov) to obtain access to ShareFile if they have not already done so.
Additionally, the OSA has changed our Environmental Review report and site form submission
requirements. We now require:
• One (1) digital copy of the archaeological survey report, to be sent through ShareFile.
• One (1) digital copy of each NC Site Form(s) with site map(s) for each site that was recorded as part
of the archaeological investigation, to be sent through ShareFile. Please submit each site form as a
separate document.
• Hard copies of reports will be requested by the OSA once we determine that no further changes to
the report are needed. Concurrence letters will not be sent until after we receive the hard copy of the
final archaeological survey report.
More information on our Environmental Review submission requirements can be found at:
hlt2s://archaeology.dncr.nc.gov/programs/environmental-review.
We have determined that the project as proposed will not have an effect on any historic structures.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.review@dncr.nc.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerel❑y�,���,}`�`� La
D jY'I
Ramona Bartos, Deputy
(� State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898
4P¢��r,-NT Op,,. FISH
&WI ELIFE
SEWUnited States Department of the Interior
A ' FISH AND WILDLIFE SERVICE pia
�q¢CH 3 yak Asheville Field Office
160 Zillicoa Street Suite B
Asheville, North Carolina 28801
December 5, 2023
Mr. David Rabon
Atlas Environmental, Inc.
338 S. Sharon Amity Road, 9411
Charlotte, North Carolina 28211
Subject: Noah's Run Residential Development in China Grove, Rowan County, North Carolina.
Dear Mr. Rabon:
On October 31, 2023, we received (via email) your information requesting our review of the subject
project. We have reviewed the information that you presented for this request and the following
comments are provided in accordance with the provisions of the National Environmental Policy Act (42
U.S.C.§ 4321 et seq.) and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531
- 1543) (Act).
Proiect Description
According to the information provided, True Homes proposes to construct a residential development and
associated infrastructure on approximately 176 acres at 770 Shue Road in China Grove, Rowan County,
North Carolina.
Federally Listed Species
An assessment of suitable habitat and potential impacts to three species was conducted by environmental
specialist with Atlas Environmental, Inc. on August 17-18 and September 13, 2023. The findings were
compiled and included in the review request submitted to our office on October 31, 2023. The following
species and their associated habitats were evaluated.
Species
Status'
Monarch
Danaus plexippus
CAN
Schweinitz's sunflower
Helianthus schweinitzii
E
Tricolored bat
Perimyotis subflavus
PE
'E = endangered, PE = proposed endangered, and CAN = candidate
species.
Monarch butterfly is a candidate species, and we appreciate the project proponent Is consideration of
monarch butterfly when evaluating the action area for impacts to federally listed species and their
habitats. The species is not subject to section 7 consultation, and an effects determination is not necessary.
General recommendations for pollinators can be provided and would be protective of monarch butterfly
should the project proponent like to implement them in the future.
The review request states that suitable habitats for Schweinitz's sunflower are present on site; however,
the species was not observed during surveys. Based on negative results of visual surveys conducted on
August 17-18 and September 13, 2023, we would concur with a "may affect, not likely to adversely
affect" determination from the lead federal action agency for this species.
Suitable habitat for tricolored bat may be present at the site. On September 14, 2022, the U.S. Fish and
Wildlife Service (Service) published a proposal in the Federal Register to list the tricolored bat as
endangered under the Act. Species proposed for listing are not afforded protection under the Act;
however, as soon as a listing becomes effective (typically 30 days after publication of the final rule in the
Federal Register), the prohibitions against jeopardizing its continued existence and "take" will apply.
Therefore, if you suspect your future or existing project may affect tricolored bats after the potential new
listing goes into effect, we recommend analyzing possible effects of the project on tricolored bats and
their habitat to determine whether consultation under section 7 of the Act is necessary. Conferencing
procedures can be followed prior to listing to ensure the project does not jeopardize the existence of a
species. Projects with an existing section 7 biological opinion may require re -initiation of consultation to
provide uninterrupted authorization for covered activities. Please contact our office for additional
guidance or assistance.
We believe the requirements under section 7 of the Act are fulfilled for the federally listed species
discussed above. However, obligations under section 7 of the Act must be reconsidered if (1) new
information reveals impacts of the identified action may affect listed species or critical habitat in a
manner not previously considered, (2) the identified action is subsequently modified in a manner that was
not considered in this review, or (3) a new species is listed, or critical habitat is determined that may be
affected by the identified action.
The Service appreciates the opportunity to provide these comments. Please contact Ms. Rebekah Reid of
our staff at rebekah reid(afws.gov, if you have any questions. In any future correspondence concerning
this project, please reference Log Number 4-2-24-332.
Sincerely,
- - original signed - -
Janet Mizzi
Field Supervisor