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HomeMy WebLinkAbout20230205 Ver 1_Avion Site PCN Information_2-6-23_20230206Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 Phone 803-992-0910 February 6, 2023 US Army Corps of Engineers Regulatory Branch Charlotte Field Office North Carolina Division of Water Resources 401 and Buffer Permitting Branch Mooresville Field Office RE: Avion Site Nationwide Permit 29 (NCDWR Certification No. 4256); City of Albemarle, Stanly County, North Carolina Lowrys Environmental & Ecological Services, LLC (LEES) has prepared a permit application for the use of Nationwide Permit 29 (NCDWR Certification No. 4256) in order for the applicant to construct a new residential development. The project area is located near the intersection of Henson Street and Woodhurst Lane, in the City of Albemarle, Stanly County, North Carolina. The following documents, figures, etc. are provided to aid in your review of the project. Should you have any questions regarding the project, please do not hesitate contacting me. We look forward to working with you on this project. Sincerely yours, S. Paul Petitgout President/Managing Member Attachments TABLE OF CONTENTS 30-Day Pre -Filing Documentation Property Ownership Information Agent Authorization and Right of Entry Documentation General Location Figures Engineering Figures Cultural Resources (NC HPO) Documentation Threatened & Endangered Species Documentation 30-DAY PRE -FILING DOCUMENTATION 2/6/23, 2:05 PM Gmail - Pre -Filing Meeting Request -Avion Site -Albemarle, Stanly County, NC I" G m a I I Paul Petitgout <ppetitgout@gmail.com> Pre -Filing Meeting Request - Avion Site - Albemarle, Stanly County, NC 2 messages Paul Petitgout <ppetitgout@g mail. com> Thu, Apr 14, 2022 at 4:34 PM To: "Perez, Douglas X <doug.perez@ncdenr.gov> Doug: Attached below, please find a Pre -Filing Meeting Request for the Avion Site, located in the City of Albemarle, Stanly County, NC. The project is located adjacent to Henson Street (behind the WalMart Supercenter), in Albemarle, Stanly County, NC. This is the site that I met you and Alan on right before he retired. Please let me know if you have any questions or if you need any additional information. Also, please confirm receipt of this email. Thanks for your help!! Paul L �o INYIUNINIAL 1111111 BROGiCRL Sinus S. Paul Petitgout President/Managing Member Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 297o6 Phone: (803) 992-0910 Email: ppetitgout@gmail.com Avion Site_DWR Pre -Filing Meeting Request Form_4-14-22.pdf 133K Perez, Douglas J <doug.perez@ncdenr.gov> To: Paul Petitgout <ppetitgout@gmail.com> From: Paul Petitgout [mailto:ppetitgout@gmail.com] Sent: Thursday, April 14, 2022 4:35 PM To: Perez, Douglas 1 <doug.perez@ncdenr.gov> Subject: [External] Pre -Filing Meeting Request - Avion Site - Albemarle, Stanly County, NC Thu, Apr 14, 2022 at 4:36 PM https://mail.google.com/mail/u/0/?ik=d3cl 5cO4cO&view=pt&search=all&permthid=thread-a%3Ar3594549583722722143&simpl=msg-a%3Arl89394471... 1 /2 2/6/23, 2:05 PM Gmail - Pre -Filing Meeting Request -Avion Site -Albemarle, Stanly County, NC CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Doug: Attached below, please find a Pre -Filing Meeting Request for the Avion Site, located in the City of Albemarle, Stanly County, NC. The project is located adjacent to Henson Street (behind the WalMart Supercenter), in Albemarle, Stanly County, NC. This is the site that I met you and Alan on right before he retired. Please let me know if you have any questions or if you need any additional information. Also, please confirm receipt of this email. Thanks for your help!! Paul [Quoted text hidden] https://mail.goog le.com/mai I/u/0/?i k=d3cl 5c04c0&view=pt&search=all&permth id=th read-a%3Ar3594549583722722143&si m pl=msg-a%3Arl 89394471... 2/2 PRE -FILING MEETING REQUEST - AVION SITE - STANLY COUNTY, NC PRE -FILING MEETING REQUEST DATE - APRIL 14, 2022 Contact Name* S. Paul Petitgout Contact Email Address* ppetitgout@gmail.com Project Owner* Avion of Albemarle, LLC Project Name* Avion Site Project County* Stanly Owner Address:* Street Address 5615 Potter Road aty Matthews Fbstal / Zip Code 28104 Is this a transportation project?* f Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F- 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F- Shoreline Stabilization Does this project have an existing project ID#?* C c: N o State / Province / Pegion NC Country USA Do you know the name of the staff member you would like to request a meeting with? Doug Perez Please give a brief project description below and include location information. * The project will consist of a residential development that is located within the City of Albemarle, Stanly County, NC. Minor impacts to Jurisdictional Streams and wetlands are anticipated. The project is located near the intersection of Henson Street and the NC 24/27 Bypass in Albemarle, Stanly County, NC. By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand bysigning this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting locatior and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature * C5' ��05 D� Submittal Date 4/14/2022 PROPERTY OWNERSHIP INFORMATION BK 1772 PG 1564 (7) This Document eRecorded: Fee: $26.00 Stanly County, North Carolina Suzanne Lowder, Register of Deeds Received By: JENNIFER HELMS CHECKED BY DOC# 44219 COLLECTOR: PF Submitted electronically by HELMS ROBISON LEE & BENNETT PA in compliance with North Carolina statutes governing recordable documents and the terms of the submitter aereement with the Stanly Countv Register of Deeds. Delinquent taxes if any to be paid by the closing attorney to the tax collector upon disbursement of closing proceeds. Excise Tax: $ NONE Tax Lot No: Parcel Identifier No. 654804904100 and 655803007737 Verified by County on the day of , 2022 by Mail after recording to Helms Robison Lee & Bennett, P.A., PO Drawer 99, Monroe, NC 28111-0099 This instrument was prepared by R. Kenneth Helms, Jr. dnb Brief Description for the index NORTH CAROLINA NON -WARRANTY DEED THIS DEED made Januail , 2022 by and between GRANTOR PLAS, LLC (an 11.11 % undivided Interest) (a North Carolina Limited Liability Company); DENNIS-LAMBERT INVESTMENTS LIMITED PARTNERSHIP (a 22.22% undivided interest) (a North Carolina Limited Partnership); MDS SMITH GROUP, LLC (a 33.33% undivided interest) (a North Carolina Limited Liability Company); JOHN C. HOLBROOK, JR. and spouse, WENDY M. HOLBROOK (a 16.67 % undivided interest); DAVID A. HOLBROOK H and spouse, CARROLL S. HOLBROOK (a 16.67% undivided interest) GRANTEE AVION OF ALBEMARLE, LLC (a North Carolina Limited Liability Company) 5615 Potter Road Matthews, NC 28104 Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership. N. C. Bar Assoc. From No. 3 © 1977 Printed by Agreement with the N.C. Bar Assoc, 4003 BK 1772 PG 1565 DOC# 442729 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Stanly County, North Carolina and more particularly described as follows: "Being a certain tract of real property shown on a plat recorded in Boole 28, Page 262 of the Stanly County Register of Deeds designated as a 284 sq. ft. 0.007 acres in potential title line gap" All or a portion of the property herein conveyed — includes or XX does not include the primary residence of a Grantor, pursuant to N.C.G.S. § 105-317.2. The property hereinabove described was acquired by Grantor by instrument recorded in Book 1352, Page 213, and Boole 1320, Page 537, Stanly County :Registry. A map showing the above described property is recorded in Plat Book 28, Page 262. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor makes no warranty, express or implied, as to title to the property hereinabove described. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. SIGNATURE PAGES FOLLOW N. C. Bar Assoc. From No. 3 0 1977 Printed by Agreement with the N.C. Bar Assoc. 4003 BK 1772 PG 1566 DOC# 442729 STATE OF SEAL- COUNTY OF STAMP 1, the undersigned, a Notary Public of the County and State aforesaid, certify that DAVID A. HOLBROOK II and spouse, CARROLL S. HOLBROOK, Grantors, personally appeared. before me this day, each acknowledging to me that he or she voluntarily signed the foregoing instrument for the purpose stated therein and in the capacity indicated. This day of January, 2022. Notary Public r1Q1 (Typed or printed name of Notary) My commission expires: l 1,01-' a J ���p1�IB69�BB0® m v\07'4,n4 (P ' AV&LIO" ."'Co" s,11 N. C. Bar Assoc. From No. 3 © 1977 Printed by Agreement with the N.C. Bar Assoc. 9003 BK 1772 PG 1567 DOC# 442729 ✓. -' V Llx�z h (SEAL) C. HOLBROOK, JR. HOLBROOK STATE OF C�-Q—I -ILY%- c-- SEAL- COUNTY OF 'LA-a� `--A STAMP SEAL) I, the undersigned, a Notary Public of the County and State aforesaid, certify that JOHN C. HOLBROOK, JR. and spouse, WENDY M. HOLBROOK, Grantors, personally appeared before me this day, each acknowledging to me that he or she voluntarily signed the foregoing instrument for the purpose stated therein and in the capacity indicated. This Q � day of January, 2022. �������A��g11111tt1ii11rdjf�li WINLoi NCI yy comi� � expires: TitNLY N. C. Bar Assoc. From No. 3 Co 1977 Printed by Agreement with the N.C. Bar Assoc. 9003 Notary Public �E9 - In' (Typed or printed f ne of Notary) -aQ- ace �a BK 1772 PG 1568 DOC# 442729 PLAS, LLC A Nqrth Carolina Limited Li ' ity Company ,�"eZ(SEAL) SANDON L. DENNIS, Manager STATE OF SEAL_ COUNTY OF 1-4A 41 STAMP I, the undersigned, a Notary Public, certify that SANDON L. DENNIS personally came before me this day and acknowledged that he/she is the Manager of PLAS, LLC, a North Carolina Limited Liability Company and that he/she, as Manager being authorized to do so, executed the foregoing on behalf of the entity. WITNESS my hand and official seal this c 9) ay of January, 2022. �Aa " 4 Notary Public (Typed or printed natne of Notary) My commission expires: m /6,7 ved4/ PUBLIC if NI Y N10J;fl-I CAROLINA {Ay COMUII S ION I-XPIrtES Off. 15,2024 N. C. Bar Assoc. From No. 3 ® 1977 Printed by Agreement with the N.C. Bar Assoc. #oa3 BK 1772 PG 1569 DOC# 442729 DENNIS-LAMBERT INVESTMENTS LIMITED PARTNERSHIP A North Carolina Limited Partnership BY: SMI G OUP, INC., General Partner By e � / (SEAL) TONY M. ENNIS, President STATE OF AIM) �IV///I,'r SEAL- COUNTY OF INA STAMP I, the undersigned, a Notary Public, certify that TONY M. DENNIS, as President of SMI GROUP, INC., as General Partner of DENNIS-LAMBERT INVESTMENTS LIMITED PARTNERSHIP (a North Carolina Limited Partnership) personally came before me this day and acknowledged that he is the President of SMI Group, Inc. as General Partner of DENNIS-LAMBERT INVESTMENTS LIMITED PARTNERSHIP and that he, as President being authorized to do so, executed the foregoing on behalf of the entity. WITNESS my hand and official seal this/ day of January, 2022. gcwA�ary Public (Typed or printed name of Notary) My commission expires:' �piL�% �iiMla t, i;E 0 ',-'C)PLI NOIAlly I'l)BLIC= NOI 11-I CAIZOI_INA MY COMMISSION [ _XPI IZl OCT I 5, 7.0?_4 N. C. Bar Assoc. From No. 3 01977 Printed by Agreement with the N.C. Bar Assoc. 4003 BK 1772 PG 1570 DOC# 442729 SEAL - STAMP \��>>\%1li IIII///////� Notary Public Davidson County s ML Ca m. Exp. MDS SMITH GROUP, LLC A Nort Carolina Limited Liability Company (SEAL) DAVID M. SMITH, Manager STATE OF NL COUNTY OF I, the undersigned, a Notary Public, certify that DAVID M. SMITH personally came before me this day and acknowledged that he is the Manager of MDS SMITH GROUP, LLC, a North Carolina Limited Liability Company and that he, as Manager being authorized to do so, executed the foregoing on behalf of the entity. WITNESS my hand and official seat this Z t a�- day of January, 2022. V otary Public (Typed or printed name of Notary) My commission expires:'71 I-) ' N. C. Bar Assoc. From No. 3 © ] 977 Printed by Agrcemeat with the N.C. Bar Assoc. 4003 AGENT AUTHORIZATION AND RIGHT OF ENTRY DOCUMENTATION PROJECT NAME: Avion Site PARCEL ID: 654804904100 & 655802007737 PROJECT STREET ADDRESS: Henson Street, Albemarle, Stanly County, NC AGENT AUTHORIZATION FORM PROPERTY OWNER: Avion of Albemarle, LLC PROPERTY OWNER'S ADDRESS: 5615 Potter Road Matthews, NC 28104 PROPERTY OWNERS PRINTED NAME: Dean Harrell PROPERTY OWNER'S EMAIL: rdharrellco@gmail.com The undersigned, registered property owner(s) of the above noted property, do hereby authorize S. Paul Petitgout, of Lowrvs Environmental & Ecological Services, LLC, (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this Jurisdictional Determination, Permit or Certification and any and all standard and special conditions attached. RIGHT OF ENTRY AUTHORIZATION By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) and/or NC Division of Water Resources (NCDWR) to enter upon the property herein described (accompanied by the authorized agent) for the purpose of conducting on -site investigations, if necessary, and issuing a jurisdictional determination and/or permit pursuant to Section 404/401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am a duly authorized owner of record of the property identified herein. PROPERTY OWNER: Avion of Albemarle, LLC PROPERTY OWNER'S ADDRESS: 5615 Potter Road Matthews, NC 28104 PROPERTY OWNER'S PRINTED NAME: Dean Harrell PROPERTY OWNER'S EMAIL: rdharrellco@gmail.com I hereby certify the above information submitted in this jurisdictional determination/application is true and accurate to the best of our knowledge. AUTHORIZED SIGNATURE: DATE: 9/22/22 GENERAL LOCATION FIGURES Avion Development Site Stanly County, North Carolina USGS 1:24,000 Topographic Map Drawn By: SPP Date: 9-23-22 Rev. Project Mgr. SPP Scale: 1:24,000 Sheet: 1 Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 71 im Non -Wetland Wate /WE Wetland y \ XAfc XAm+i. } Non{W�lbnd Water SBA „wry � M1 '• ty�r � �� +R Avion Development Site ±59.2-acres Xj 4. Y � 5DD Feet Avion Development Site Aerial Date: 2019 0 250 500 Scale: 1 inch equals 500 feet Source: Stanly County, NC GIS (2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Avion Development Site Lowrys Environmental 8� Stanly County, North Carolina Stanly County, NC GIS Aerial Map Ecological Services, LLC Drawn By: SPP Date: 9-23-22 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:6,000 Sheet: 2 803-992-0910 1 t 7 � � "v • !� d I SOILS LEGEND BaB Badin ChannerySilt Loam 2-8% Slope GoC Goldston Very Channery Silt Loam 4-15% Slope :j •� . MhB Misenheimer Channery Silt Loam 0-4 /o Slope Ud Udorthents Loamy ` I F� H ��,,,y,,p, - �� .,t�•��`�• C -_ - - � I� .. . _ '. %,.� ''fir.. . ,;:i�� ww: f 4. .� .. g: Avion Development Site ±59.2-acres BaB/k�' EW 'AMP=* 0 Avion Development Site 0 500 1,000 +'-- Feet 1 inch equals 1,000 feet Source: USDA NRCS Web Soil Survey (2022) , Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Avion Development Site Stanly County, North Carolina USDA NRCS Soil Survey Map Drawn By: SPP Date: 9-23-22 Rev. Project Mgr. SPP Scale: 1:12,000 Sheet: 3 BaB oil nip a Ens r,�• Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 Wall'R'Fi U.S. Fish 1 Wildlife National Wetlands Inventor Wetlands ❑ E Estuarine and Marine Deepwater . U Estuarine and Marine Wetland Avion Development Site Scale: As Shown Source: USFWS NWI Mapper(2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Avion Development Site Stanly County, North Carolina USFWS National Wetlands Inventory Map Drawn By: SPP Date: 9-23-22 Rev. Project Mgr. SPP Scale: As Shown Sheet: 4 Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Wetlands Lowrys Environmental 8, Ecological Services, LLC 1823 Quinn Road Chester, South Carolina 29706 803-992-0910 LEGEND�;' Perennial Non -Wetland Water � _- -• —•—•—•—•—•—•—• Intermittent Non -Wetland Water Wetland Area 4 Data Point '.Non -Wetland Water SAol ;I (Perennial) I - . PYI\ - (Perennial), Avion Development Site .: ±59.2-acres'' A. PRELIMINARY JURISDICTIONAL DETERMINATION Wetland Area WA: ±0.15-ac. f T Wetland Area WB: ±0.20-ac. Wetland Area WC: ±0.060-ac. r_ D. Wetland Area WD: ±0.1-ac. 1-: Wetland Area WE: ±0.08-ac. Non -Wetland Water SA: ±325 LF (±0.02-ac.) 1 : Feet v Non -Wetland Water SB: ±200 LF ±0.01-ac. Avion Development Site Aerial Date: 2019 0 250 500 Scale: 1 inch equals 500 feet Source: Stanly County, NC GIS (2022) Disclaimer: The information depicted on this figure is for informational purposes only and was not prepared for, and is not suitable for legal or engineering purposes. Avion Development Site Lowrys Environmental 8� Stanly County, North Carolina Preliminary Jurisdictional Determination Map Ecological Services, LLC Drawn By: SPP Date: 09-23-22 Rev. 1823 Quinn Road Chester, South Carolina 29706 Project Mgr. SPP Scale: 1:6,000 Sheet: 5 803-992-0910 ENGINEERING FIGURES DAVIE PHY Pit DO MARK H, PINA BI cool EAGLE ENGINEERING ��O e a FIRM LICENSE # C-0873 2013A Van Buren Avenue Indian Trail, NC 28079 (704) 882-4222 www.eagleonline.net DISTURBANCE EXHIBIT 'OVERALL' SCALE: 1 "=500' JOB NAME: AVION CLIENT: R.D. HARRELL JOB NUMBER: 7438 DATE: 0811512022 LOCATION: HENSON STREET ALBEMARLE,NC SHEET: 1 OF 9 545, S,ys /EX. WETLANDS ( , LIMITS OF DISTURBANCE PERMANENT IMPACT TO WETLANDS 'A': 6,239 SF. ' (0.143 AC.) EAGLE ENGINEERING DISTURBANCE EXHIBIT WETLAND 'A' SCALE: 1 "=60' JOB NAME: AVION FIRM LICENSE # C-0873 R.D. HARRELL HENSON STREET 2013A Van Buren Avenue CLIENT: LOCATION: Indian Trail, NC 28079 JOB NUMBER: 7438 ALBEMARLE,NC (704) 882-4222 DATE: 0811512022 SHEET: 2 OF 9 SECT AA PROFILE EAGLE ENGINEERING a � FIRM LICENSE # C-0873 2013A Van Buren Avenue Indian Trail, NC 28079 (704) 882-4222 DISTURBANCE EXHIBIT WETLAND A'- SECTION AA SCALE: 1 "=40' JOB NAME: AVION CLIENT: R.D. HARRELL LOCATION: HENSON STREET JOB NUMBER: 7438 DATE: 0811512022 ALBEMARLE,NC SHEET: 3 OF 9 IMPACT TO WETLANDS'B': i� WETLANDS ,1 r r •'� r 1 _1 EAGLE ENGINEERING DISTURBANCE EXHIBIT WETL.,. SCA FIRM ,: .- .. ,- Avenue HENSON STREET .: ALBEMARLENC SECT BB PROFILE 5 5 5 EAGLE ENGINEERING a � FIRM LICENSE # C-0873 2013A Van Buren Avenue Indian Trail, NC 28079 (704) 882-4222 DISTURBANCE EXHIBIT WETLAND 'B' - SECTION BB SCALE: 1 "=40' JOB NAME: AVION CLIENT: R.D. HARRELL LOCATION: HENSON STREET JOB NUMBER: 7438 DATE: 0811512022 ALBEMARLE,NC SHEET: 5 OF 9 EX. STREAM / 555 TA LIMITS OF DISTURBANCE SSO PROP. BMP n EX. WETLANDSY- \ = PERMANENT IMPACT TO STREAM A`. 545 / 318 SQ. FT. RAP I 0.007 AC. ` 15 106 LF > 30 RCP S' PERMANENT IMPACT ' n' TO WETLANDS 'C':- _ 2,609 SQ. FT. _ TCP QL 0.060 AC. - - 'RCP � I- $,� 36" RCP 15" RCP PROP. BMP C EX. WETLANDS a36„ RCP -� m PERMANENT IMPACT / _ TO WETLANDS 'D': 818SQ. FT. 0.019 AC. LIMITS OF DISTURBANCE Cb y-, .646 / - EX. STREAM EAGLE ENGINEERING DISTURBANCE EXHIBIT _ WETLAND 'C' AND 'D' STREAM 'A' a D SCALE: 1 "=60' JOB NAME: AVION FIRM LICENSE # C-0873 R.D. HARRELL HENSON STREET 2013A Van Buren Avenue CLIENT: LOCATION: Indian Trail, NC 28079 JOB NUMBER: 7438 ALBEMARLE,NC (704) 882-4222 DATE: 0811512022 SHEET: 6 OF 9 SECT CC PROFILE 55 54 53 52 EAGLE ENGINEERING a � FIRM LICENSE # C-0873 2013A Van Buren Avenue Indian Trail, NC 28079 (704) 882-4222 W E Z 5 DISTURBANCE EXHIBIT WETLAND 'C' - SECTION CC SCALE: 1 "=40' JOB NAME: AVION CLIENT: R.D. HARRELL LOCATION: HENSON STREET JOB NUMBER: 7438 DATE: 0811512022 ALBEMARLE,NC SHEET: 7 OF 9 54( 53( 52%z _n+gti n+nn CULVERT PROFILE 1+nn 1+Rn PROP. GRADE HW-901 INV. 531.10 HW-900 INV. 530.40 105' OF 48' RCP @ 0.67 % EX. GROUN -41 PIPE INV. SET 1' BELOW EX. GRADE PROP. BAFFLES (SEE DETAIL ON SHEET 9) PIPE INV. BELOW EX. SET 1' GRADE ` EAGLE ENGINEERING a � FIRM LICENSE # C-0873 2013A Van Buren Avenue Indian Trail, NC 28079 (704) 882-4222 DISTURBANCE EXHIBIT CULVERT PROFILE SCALE: 1 "=40' JOB NAME: AVION 540 7 530 i25 CLIENT: R.D. HARRELL LOCATION: HENSON STREET JOB NUMBER: 7438 DATE: 0811512022 ALBEMARLE,NC SHEET: 8 OF 9 I 1.00, SECTION A -A ❑R(l>r)q�n RD��I F I ❑vni IT ❑I ❑NI _ 111AQ6f'T 11 C B R SIDE VIEW EAGLE ENGINEERING a � FIRM LICENSE # C-0873 2013A Van Buren Avenue Indian Trail, NC 28079 (704) 882-4222 SECTION B-B L 0 83 SECTION C-C DISTURBANCE EXHIBIT BAFFLE DETAIL SCALE: NTS JOB NAME: AVION CLIENT: R.D. HARRELL JOB NUMBER: 7438 DATE: 0811512022 LOCATION: HENSON STREET ALBEMARLE,NC SHEET: 9 OF 9 CULTURAL RESOURCES (NC HPO) GRAPHIC Avion Site 1 Cultural Resource located within 0.5 mile of the site - Kingsville (Stanly County Training School) - no longer present on site - Not Eligible THREATENED & ENDANGERED SPECIES DOCUMENTATION Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 Paul Petitgout Lowrys Environmental & Ecological Services, LLC 1823 Quinn Road Chester, SC 29706 RE: Avion Site - Albemarle, Stanly County, NC; 22018.00 Dear Paul Petitgout: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler(a ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 02/02/2023 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828)258-3939 Project Summary Project Code: 2023-0040834 Project Name: Avion Development Project Type: Residential Construction Project Description: Location: Henson Street Albemarle, NC Size ±59-acres Scope: Residential Development (Multi -family) Timing: Unknown Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a-)35.3372011,-80.17853476357041,14z S 'J. �IVM1TIJV Counties: Stanly County, North Carolina 3 Endangered Species Act Species There is a total of 3 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Schweinitz's Sunflower Helianthus schweinitzii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3849 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. Migratory Birds Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Oct 10 and Alaska. https:Hecos.fws.gov/ecp/species/9399 BREEDING NAME SEASON Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 3 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle ++ ++ 1111 '� Non -BCC ++++ + ++—+ `L + +-+ ++++ Vulnerable I boom No ` `MEM MANE Cuckoo Black -billed ++++ +"""' +++ ++,J Jill "-++-+ ++++ BCC Rangewide (CON) Chimney Swift --- fill Jill iiii J J"fill Jam' 1 1Jam+ +—+ ++++ BCC Rangewide (CON) Eastern Whip -Poor- ++++ ++++ ++++ ++�+ ++++ III+ ++i+ +�+— ++�++—+ ++++ Will NONE N on+ BCC Rangewide (CON) 4 Prairie Warbler ++ ++++ +++� I 2 T __ ++++ ++�+ +—+— ++—+ —+—+ ++++ BCC Rangewide (CON) 1 -*—*—*— — — — Red-headed Woodpecker +� I +ITT +— —+ "�+ �' +++' BCC Rangewide (CON) Rusty Blackbird ++++ ++„ +++' ,+++ ++++ ++++ ++++ ++—+ +—+— ++—+ —+—+ ++++ BCC -BCR Wood Thrush ++++ ++++ ++++ BCC Rangewide +1111111 Jill Jill 1111 +—+— ++—+ —+—+ ++++ (CON) --- --�— ---- Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. 5 Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides C. birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. IPaC User Contact Information Agency: Lowrys Environmental & Ecological Services, LLC Name: Paul Petitgout Address: 1823 Quinn Road City: Chester State: SC Zip: 29706 Email ppetitgout@gmail.com Phone: 8039920910