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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. 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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