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HomeMy WebLinkAbout20240114 Ver 1_Attachments_20240116Pre-Filina Meetina Reauest Jesse M Degnan, PWS From: Jesse M Degnan, PWS Sent: Thursday, November 9, 2023 11:06 AM To: 401 PreFile@deq.nc.gov Subject: 401/Buffer Pre -filing Meeting Request Please fill out the following information: Project Name: QuiKTrip No. 1069 County: Union Applicant Name: QUIKTRIP CORPORATION (POCJustin Coons) Applicant Email: jcoons@quiktrip.com **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. Warrentv Deeds BK 8833 PG 0517 NORTH CAROLINA GENERAL WARRANTY DEED No Title Examination Performed by Preparer Excise Tax: $2.550.00 FILED ELECTRONICALLY UNION COUNTY NC CRYSTAL D. GILLIARD ---------------------- ---------------------- FILED Dec 29, 2023 AT 12:08:00 PM BOOK 08833 START PAGE 0517 END PAGE 0519 INSTRUMENT # 30821 EXCISE TAX $2,550.00 Parcel Identifier No. 02311003 Verified by Union County on the day of December, 2023 By: Mail/BOX and return to: GRANTEE This instrument was prepared by and return to: Riney Law Firm, PLLC (ATW), 2544 Plantation Center Drive. Suite B. Matthews. North Carolina 28105 Brief description for the Index: THIS DEED made this 22"d day of December, 2023, by and between GRANTOR ANDZ Legacy LLC, a North Carolina limited liability company Mailing, Address: 13700 Providence Rd., Ste. 100 Matthews, NC 28104 GRANTEE QuikTrip Corporation, an Oklahoma corporation Mailiniz Address: 4705 S. 129"' East Avenue Tulsa, OK 74134-7008 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 the City of Marshville, Union County, North Carolina and more particularly described as follows: See Exhibit "A" attached hereto and incorporated herein by reference. The property hereinabove described was acquired by Grantor by instrument recorded in Book 8481, Pages 369-371. All or a portion of the property herein conveyed includes or X does not include the primary residence of a Grantor. submitted electronically by "Swindell & visalli, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the union County Register of Deeds. BK 8833 PG 0518 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. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: Ad valorem real estate taxes and assessments for the year 2024 and thereafter. Local state and federal laws, ordinances or governmental regulations, including but not limited to, building and zoning laws, ordinances and regulations, now or hereafter in effect relating to the Property. Easements, rights -of -way, reservations, restrictive covenants and other conditions disclosed on the public records. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. ANDZ Legacy LLC, a North Carolina limited liability company Name/Title: Duna mn--1 ember STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG I, a Notary Public for the County and State aforesaid, do hereby certify that the foregoing instrument was voluntarily executed for the purposes therein stated by Dung V. Tran, who personally appeared before me this day and acknowledged that he is a Member of ANDZ Legacy LLC, a North Carolina limited liability company, and that he, as a Member, being authorized to do so, executed the foregoing on behalf of the ANDZ Legacy LLC and is personally known to me or has produced his driver's license as identification. WITNESS my hand and official stamp or seal, this 22"a day of December, 2023. ox Web 5 C, , pUB\- cal, (obu�9G°��°�. Ufficial Signature of'Votaiy Austin T. Webber, Notary Public My commission expires: February 14, 2027 BK 8833 PG 0519 Exhibit A Legal Description of Property BEING all that certain lot or parcel of land situated in the City of Marshville, Union County, North Carolina and more particularly described as follows: BEGINNING at a point at the southeast corner of the intersection of US Highway 74 and South Elm Street, which point is also the northwest most corner of the Euna Lynn McBride property described to in Deed Book 263, Page 235 Union County Registry, now or formerly, and proceeding thence from said Beginning Point as follows: N. 89-12-42 E. 171.57 feet to a point; thence S. 00- 30-00 E. 116.00 feet to a 1" iron pipe found, (have also passed a 1" iron pipe found on line at 6.3 feet); thence S. 67-48-55 W. 186.36 feet to a point located in east edge of South Elm Street; thence along and with South Elm Street, N. 00-00-00 W. 184 feet to the point and place of BEGINNING, containing 0.59 acres and being identified as Lot 2 on that unrecorded survey entitled 'Boundary & Location Survey of Euna Lynn McBride Heirs Property," prepared by Victor L. Lowery, PLS, L-3614, dated August 7, 2004. BK 8822 PG 0421 FILED ELECTRONICALLY UNION COUNTY NC CRYSTAL D. GILLIARD FILED Dec 06, 2023 AT 12:22:00 PM BOOK 08822 START PAGE 0421 END PAGE 0423 INSTRUMENT # 29133 EXCISE TAX $4,000.00 Excise Tax $4,000.00 Recording Time, Book and P Tax Lot No. 02-311-003B 02-311-004, 02-_311-002, 02-311-001 Parcel Identifier No. Verified by County on the day of , 20 by Mail after recording to Swindell & Visalli, PLLC, 1043 E. Morehead Street, Suite 303, Charlotte, North Carolina 28204 This instrument was prepared by Robert D. Pahner "s 3} No title examination requested or 2erfornied. Parcels: S, Flm St., Marshville Blvd. &S. White St. Brief Description for the index Four NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED niade December i , 2023, by and between GRANTOR GRANTEE JOHN A. STEGALL PROPERTIES, L,LC QuikTrip Corporation A North Carolina Limited Liability Company An Oklahoma Corporation PO Box 766 Marshville, NC 28103 Mail tax notices to: Attn: ID Dudley 3701 Arco Corporate Drive, Suite 150 Charlotte, NC 28273 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. W ITN ESSETH, that the Grantor, fora 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 the Town ofMarshviile, NIarshville Township, Union County, North Carolina and more particularly described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AND FULLY INCORPORATED HEREIN AS EXHIBIT "A" N,C,G,S. § 105-317.2: the property herein conveyed does not include a primary residence of Grantor. N. C. Bar Assoc. Form No. 3 0 1977 Printed by Agreement with the N.C. Bar Assoc. Chicago Title Insurance Comr3anv submitted electronically by "Swindell & visalli, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the union County Register of Deeds. BK 8822 PG 0422 The property hereinabove described was acquired by Grantor by instruments recorded in Book 7355, Page 255; Book 8573, Page 770; Book 7355, Page 257; Boom 6605, Page 855. A map showing the above described property is recorded in Plat Cabinet M, File 168 (As to Parcel 4). 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. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: APPLICABLE ZONING; ANY EASEMENTS AND RIGHTS OF WAY FOR SERVICE LINES, ROADS AND UTILITIES AS MAY BORDER OR CROSS THE PROPERTY, INCLUDING THE SUBDIVISION STREETS AS SHOWN ON RECORDED PLAT; ANY EASEMENTS RESERVED IN RESTRICTIVE COVENANTS, AND STREET ASSESSMENTS; ROAD MAINTENANCE AGREEMENT FOR SUBDIVISION ROADS; SUBJECT TO MATTERS THAT COULD BE REVEALED BY AN ACCURATE AND CURRENT PHYSICAL SURVEY AND BOUNDARY SURVEY OF THE PROPERTY. IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. JOHN A. STEGALL PROPERTIES, LLC A North Carolina Limito Liability Company JO . STEGALL, So ember NORTH CAROLINA, Union County. I, the undersigned, a Notary Public of the County and State aforesaid, certify that JOHN A. STEGALL, SEAIrSTAM,,; Sole Member of JOHN A. STEGALL PROPERTIES, LLC, a North Carolina limited liability company, personally came before me this day and acknowledged that he is the Sole Member of JOHN ' • . x , . '=.A. STEGALL PROPERTIES, LLC, a North Carolina limited liability company, and that by f r 'authority duly given and as the act of the company, the foregoing instrument was signed in its name by . ita Sole Member. Witness my hand and official stamp or seal, this December , 2023. j My commission expires: tary Public N. C. Bar Assoc. Form No. 3 C 1977 Printed by Agreement with the N.C. Bar Assoc. Chicago Title Insurance Company BK 8822 PG 0423 Exhibit "A" Legal Description for: -QuikTrip Corporation Four Parcels, Marshville PARCEL ONE: 1.30 Acres, South Ehn Street: Tit No: 02-311-003B: BEGINNING at a point in the eastern edge of South Elm Street, which point is located S, 00-00-00 E. 184.00 feet from a point being the northwest most corner of the Euna Lynn McBride property described to in Deed Book 263, Page 235 Union County Registry, now or formerly (which is also the southeast most point of the intersection of South Elm Street and U.S. Highway 74), and proceeding thence from said Beginning Point as follows: N. 67-48-55 E. 186.36 feet to a 1" iron pipe found; thence N. 67-33-05 E. 37.43 feet to a 1" iron pipe found; thence S. 49-30-00 E. 87.00 feet to a 1 " iron pipe found; thence S. 35-06-55 E. 117.48 feet to a I" iron pipe found on the east bank of a ditch; thence S. 68-29-I2 W. 169.78 feet to a V iron pipe found; thence S. 77-17-47 W. 201.95 feet to a I" iron pipe found at the center of South Elm Street (passing an iron pipe found on line at the edge of curb at 189.22 feet); thence along and with the center of South Elm Street N. 00- 32-47 E. 169.54 feet to a point where Green Street intersects with South Elm Street; thence N. 6748-55 E. 13.45 feet to the point and place of BEGINNING, containing 1.30 acres and being identified as Lot I on that unrecorded survey entitled "Boundary & Location Sul -Vey of Euna Lynn McBride Heirs Property," prepared by Victor L, Lowery, PLS, L-3614, dated August 7, 2004. PARCEL TWO: 0.392 Acre, 110 S. Whfte Street: Taw No: 02 311-004: lNgillning at as Aron state on *fleas edge elde milk an West olds of Witte ftere flood. 114s, HAVIrells 14 aonwr, end rm thonoe $. 66 W. 1102 9eee to im iron stake to *met lank ditch 'Ed . mirabis Unes thonoo with his line mid dttoh a. "FAG Y• M3 1wsl ra an heron rtalw he 0. �I+h le aar� " tholias Mort deam twat Ift feel loth l`. Co garshls 110 to an iron stoke an west edge side vale an west side White btoro Roads themos with raid road lid ail K. to the boginning points an4 Laing a part of that lot of land conoed to J. 8aaaoat ImIloy by N. A. Karrall and wits w Salrab x, harrall, by dead dA ed 20tb day OR AUgvstp 10188, and recorded in neeloter of Doads office of Won County, North Carolina in Book 54 pegs 912 and title vested to Aunto Torah Bailey by will of her husaand, jo Sksoomb .3a13+y wtdoh ■iii is on record In Clerk1s Office of Urrl"lan bounty, Borth Carolina, to *(bleb deed and Will reference. is heraby made for a botter dozarlption. jIrtd being the identical property venvepad by &unto -arsh W107, uidovo to We ?. Rinaan and wife by deed dated govembor 10, 106, and reoorded In Dood Ptak Sp at yar,030# Uhlon County R61letz7. Nine lamsle Hinman, former alto of W. T. llInsoli dim, 0 and We T, Hinton thereupon iiecaas seised in rat simple title to aaid' lands bs survivorship In maid estaea by the entirWeis which was oreattsd valor the deed lost above refarrad to. PARCEL THREE: 0.342 Acre, 6608 Marshville Blvd, Tar_No: 02 311-002. BEGINNING at an iron stake located S. 06-38-10 E. 26.32 feet from the south curb of US Highway #74 and runs thence S. 88-12-15 W. 171.19 feet to an iron stake; thence S. 01-47-45 E. 85.50 feet to an old iron stake; thence N. 66-04-15 E. 37.45 feet to an old iron stake; thence S. 45-43-55 E. 29.20 feet to an iron stake; thence N. 83-49-05 E. 123,63 feet to an iron stake; thence N. 06-83-10 W. 83.26 feet to the point of BEGINNING, and containing 14,898 square feet, according to the survey and plat entitled "Property to be deeded to Add Allen, Marshville Township, Union County, North Carolina" by Thomas M. Park, RLS, dated July 23, 1979. PARCEL FOUR: 0.874 Acres, 106 S. Wlllte Street; Tax No: 02-311-001; BEING all of that certain 0,874 acre tract shown on map of survey entitled "BOUNDARY & PHYSICAL SURVEY, REVISED THE PROPERTY OF FIVE M`S LLC" prepared by Carroll L. Rushing, NCPLS, dated December 12, 2013 and recorded in Plat Cabinet M, File 168, Union County Registry, to which plat reference is hereby made for a more particular description, N. C. Bar Assoc. Form No. 3 © 1977 Printed by Agreement with the N.C. Bar Assoc. Chicago Title Insurance Company Jurisdictional Determination 11/10/23, 12:05 PM 49 Southeast Environmental -EXTERNAL SAW-2023-00597 (110 White StreetProposed Store 1069) -Delineation Concurrence... A Share Qc> Copy link I Download ••• 1-1 EXTERNAL SAW-2023-005....msg 4/4 From: Jolly, Karanda M CIV USARMY CESAW (USA) <K.M.Jolly@usace.army.mil> Sent on: Monday, April 10, 2023 2:59:53 PM To: jcoons(a�quiktrip.com CC: Jesse M Degnan, PWS <JDegnan(?�ecslimited.com>; Brandon Fulton, LSS, PSC, PWS <BFulton(?�ecslimited.com> Subject: [EXTERNAL] SAW-2023-00597 (110 White Street/Proposed Store 1069) - Delineation Concurrence Attachments: Figure 6, Potential Waters ofthe US (02-20-2023).pdf (1 MB) Mr. Coons, Reference is made to ORM ID SAW-2023-00597 (110 White Street/Proposed Store 1069) --please refer to this number on any correspondence regarding this action Our agency has reviewed the information provided by you concerning aquatic resources within the identified review area, and by copy of this e-mail, are confirming that the aquatic resources delineation has been verified by the Corps to be a sufficiently accurate and reliable representation of the location and extent of aquatic resources within the identified review area. The location and extent of these aquatic resources are shown on the attached delineation map, labeled Figure 6, Potential Waters of the US, dated 02-20 2023. Regulatory Guidance Letter (RGL) 16-01 https://usace.contentdm.ocic.org utils getfile/collection/p16021coll9/id/1256 provides guidance for Jurisdictional Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested". At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation process, including determining compensatory mitigation. "This verification does not address nor include any consideration for geographic jurisdiction on aquatic resources and shall not be interpreted as such. This delineation verification is not an Approved Jurisdictional Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33 CFR Part 331)." Please let me know if you have any questions or concerns regarding the above Meagan Jolly Regulatory Specialist U.S. Army Corps of Engineers Charlotte Regulatory Field Office Mobile: (704) 578-4506 K.M.Jolly@usace.army.mil https://ecslimited365.sharepoint.com/sites/49SoutheastEnvironmental/49 Projects 19000 19999/Forms/Allltems.aspx?id=%2Fsites%2F49SoutheastE... 1/2 rn O Q fn F W Ow< W z O Cl) w >- z a w> om Lui I O O LU N 0 of J O Q ��o a0�= oa R II N Z _ w W �Q< din �at7 u: w CM)0 H= U U J= �Z� oaFO �z N w a) w 2 z= a W awOf (D a� a Q O H H= �cl< zamw a� n ro I Ll 1O 2E Z� W LL n �w� Z:EW Sao m v u m �w� cn w CO w LL 0 0 = zz H O w a�LL w��w ��� Y r ui O O co xw� O� R a N O d .. d z ��O �iF>a riwa Q U a` 0 71 V s s L A� s rl a _ 0 �co � N y. OO LL Q u? M d Q E T cu � U N > IL U (6 _ t LO f �ti Exhibits vauew-6a.vns�alaw £ZOZ/90/IO 31tlO 3nSSI ltlNIE)MO woo 9LI0-ISb(b98) VNIlO'dVD H-WON'A1NnO7 NOINn'3llIAHSNtlW I896Zewloa�yi�os `alM�osdw�8 O21tlA31f1O83llIAHS?ltlW 6099 egg 5= m CDaH. �mny N —Im LOT z �s 690i# dial�llnb a - W -sa3IIVVYA3nans- � H` o m a~ o� �z a 0 0 �g � o �o0®g°o�®®°•0 y m 5 �w r I, e — � %`"%� 'M ^� e/ �I� / / 9 I I / � 1 ry/„P Oe ELM z5�EET° g — s pca >ryG T c9 ii w n c� m £ZOZ/ZO/80 81tl0 8f155I IVNIOMO £OT8Z 7N '3,lIAHSdM OLVA3lf1083llIAHSWW 1SV9 690T 'ON dialling Eso � A 0 0o w1 — N 50 41 — -- �L — � 17 7 _ r I I III s Ely° / illIT I — ��� � I iq a y 6 giva 3f155I IVNIOMO 7N'l IIAHSdVW &�„e g bL AtlMH9IH 690T 'ON diallingIf O� 0 0o wE EM \ !s t� xx x wax x Mcc oft,, �$vvi ve q p r � I z Ll ADA iliq I� o _ ww� a �u mlll� u w � He W oam F D -I a0 0 0 _ I / h 4 L w \\ \ \ w O i 0 i 31tl0 gnssi IVNIOMO DWI IIAHSdVW g bL AtlMH9IH 690T 'ON dialling uyGm RE wig Toa�°o Saoo ` GGN¢w ,- \ \ o� Qr� xl a $,4: \ dBaz u} q'a �a o i/ ecs I o I H o/x _ — srs ° JI q zo o _ Fes o UI i� �� s6oti ql ,a e F 0 11 10 �° a.' s,a° U.S. Fish & Wildlife Service QPP�MENT OF FISH&WILDLIFE SERVICE United States Department of the Interior o FISH AND WILDLIFE SERVICE �9RCH 3,�$a9 Asheville Field Office 160 Zillicoa Street Suite B Asheville, North Carolina 28801 April 17, 2023 Mr. Jesse Degnan ECS Southeast, LLP 1812 Center Park Drive, Suite D Charlotte, North Carolina 28217 Subject: Quick Trip Store 1069 in Marshville, Union County, North Carolina. Dear Mr. Degnan: On March 20, 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, an undisclosed project proponent proposes to construct a Quick Trip gas station and associated infrastructure on approximate 3.5 acres adjacent to W Marshville Boulevard in Marshville, Union County, North Carolina. Federally Listed Species An assessment of suitable habitat and potential impacts to five species was conducted by environmental specialists with ECS Southeast, LLP on March 16, 2023. The findings were compiled and included in the review request submitted to our office on March 20, 2023. The following species and their associated habitats were evaluated. Species Status' Atlantic pigtoe Fusconaia masoni T Carolina heelsplitter Lasmigona decorata E Michaux's sumac Rhus michauxii E Schweinitz's sunflower Helianthus schweinitzii E Tricolored bat Perimyotis subflavus PE 'E = endangered, PE = proposed endangered, and T = threatened. The review request states that no suitable habitats are present for Atlantic pigtoe, Carolina heelsplitter, Michaux's sumac, or Schweinitz's sunflower. Based on the information and photographs provided, we agree with the assessment that no suitable habitats are present for these species. As such, the proposed project would have "no effect" on these species and section 7 consultation is not required. Suitable habitat for tricolored bat (Perimyotis subflavus) 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. The Service has up to 12 months from the date the proposal published to make a final determination, either to list the tricolored bat under the Act or to withdraw the proposal. The Service determined the bat faces extinction primarily due to the range -wide impacts of WNS. Because tricolored bat populations have been greatly reduced due to WNS, surviving bat populations are now more vulnerable to other stressors such as human disturbance and habitat loss. 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. Fish and Wildlife Resource Recommendations We offer the following general recommendations for the benefit of fish and wildlife resources: Equipment Use in Riparian Areas and In -Stream. Equipment should be operated from the streambank. If in -stream work is necessary, stone causeways, work bridges, or mats (designed for the specific location and type of equipment) should be used. Work pads on streambanks or approaches to in -stream work areas should minimize disturbance to woody vegetation. Equipment operated in riparian areas and in/near aquatic resources should be inspected daily and maintained regularly to prevent contamination of surface waters from leaking fuels, lubricants, hydraulic fluids, or other toxic materials. Construction staging, toxic material storage, and equipment maintenance, including refueling, should occur outside of the riparian area. The project proponent should report any toxic material spills in riparian areas and/or aquatic resources to the Service within 24 hours. Erosion and Sedimentation Control. Construction activities near aquatic resources, streams, and wetlands have the potential to cause bank destabilization, water pollution, and water quality degradation if measures to control site runoff are not properly installed and maintained. In order to effectively reduce erosion and sedimentation impacts, best management practices specific to the extent and type of construction should be designed and installed prior to land -disturbing activities and should be maintained throughout construction. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persists in the environment beyond its intended purpose. Land disturbance should be limited to what can be stabilized quickly, preferably by the end of the workday. Once construction is complete, disturbed areas should be revegetated with native riparian grass and tree species as soon as possible. For maximum benefits to water quality and bank stabilization, riparian areas should be forested; however, if the areas are maintained in grass, they should not be mowed. The Service can provide information on potential sources of plant material upon request. A complete design manual that is consistent with the requirements of the North Carolina Sedimentation and Pollution Control Act and Administrative Rules, can be found at the following website: https:lldeq.nc.govlabout/divisions/energy-mineral-land-resources. Impervious Surfaces/Stormwater/Low Impact Development (LID). Increased development contributes to the increased quantity and decreased quality of stormwater entering project area waterways. Additionally, increased development outside the floodplain increases stormwater flows already caused by the lack of or loss of riparian buffers and floodplain development. Recent studies' have shown that areas of 10 percent to 20 percent impervious surface (such as roofs, roads, and parking lots) double the amount of stormwater runoff compared to natural cover and decrease deep infiltration (groundwater recharge) by 16 percent. At 35 — 50 percent impervious surface, runoff triples, and deep infiltration is decreased by 40 percent. Above 75 percent impervious surface, runoff is 5.5 times higher than natural cover, and deep infiltration is decreased by 80 percent. Additionally, the adequate treatment of stormwater at project sites is essential for the protection of water quality and aquatic habitat. Impervious surfaces also collect pathogens, metals, sediment, and chemical pollutants and quickly transmit them (via stormwater runoff) to receiving waters. According to the Environmental Protection Agency, this nonpoint-source pollution is one of the major threats to water quality in the United States, posing one of the greatest threats to aquatic life, and is also linked to chronic and acute illnesses in human populations from exposure through drinking water and contact recreational. Increased stormwater runoff also directly damages aquatic and riparian habitat, causing streambank and stream channel scouring. Additionally, impervious surfaces reduce groundwater recharge, resulting in even lower than expected stream flows during drought periods, which can induce potentially catastrophic effects for fish, mussels, and other aquatic life. To avoid any additional impacts to habitat quality within the watershed, we recommend that all new developments, regardless of the percentage of impervious surface area created, implement stormwater retention and treatment measures designed to replicate and maintain the hydrograph at the preconstruction condition. We recommend the use of low impact development techniques,2 such as reduced road widths, grassed swales in place of curb and gutter, rain gardens, and wetland retention areas, for retaining and treating stormwater runoff rather than the more traditional measures, such as large retention ponds, etc. These designs often cost less to install and significantly reduce environmental impacts from development. Where detention ponds are used, stormwater outlets should drain through a vegetated area prior to reaching any natural stream or wetland area. Detention structures should be designed to allow for the slow discharge of stormwater, attenuating the potential adverse effects of stormwater surges; thermal spikes; and sediment, nutrient, and chemical discharges. Also, because the purpose of stormwater control measures is to protect streams and wetlands, no stormwater control measures or best management practices should be installed within any stream (perennial or intermittent) or wetland. 'Federal Interagency Stream Restoration Working Group (15 federal agencies of the United States Government). Published October 1998, Revised August 2001. Stream Corridor Restoration: Principles, Processes, and Practices. GPO Item No. 0120-A; SuDocs No. A 57.6/2: EN 3/PT.653. ISBN-0-934213-59-3. 2We recommend visiting the Environmental Protection Agency's Web site (ht62://www.fga.goL/polluted-runoff- nonpoint-sourcepollution/urban-runo(f--low-impact-development) for additional information and fact sheets regarding the implementation of low -impact -development techniques. We also recommend that consideration be given to the use of pervious materials (i.e., pervious concrete, interlocking/open paving blocks, etc.) for the construction of roads, driveways, sidewalks, etc. Pervious surfaces minimize changes to the hydrology of the watershed and can be used to facilitate groundwater recharge. Pervious materials are also less likely to absorb and store heat and allow the cooler soil below to cool the pavement. Additionally, pervious concrete requires less maintenance and is less susceptible to freeze/thaw cracking due to large voids within the concrete. Use of any of the proposed stormwater collection devices described above will dramatically decrease the quantity and increase the quality of stormwater runoff. Stream Buffers. Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They accomplish the following: o Catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from reaching streams. o Enhance the in -stream processing of both point- and nonpoint-source pollutants. o Act as "sponges" by absorbing runoff (which reduces the severity of floods) and by allowing runoff to infiltrate and recharge groundwater levels (which maintains stream flows during dry periods). o Catch and help prevent excess woody debris from entering the stream and creating logjams. o Stabilize stream banks and maintain natural channel morphology. o Provide coarse woody debris for habitat structure and most of the dissolved organic carbon and other nutrients necessary for the aquatic food web. o Maintain air and water temperatures around the stream. Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100-year floodplain, whichever is greater]) should be created and/or maintained adjacent to all aquatic areas. Within the watersheds supporting federally listed aquatic species, we recommend undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and herbaceous vegetation. These buffers should extend a minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of all intermittent streams (or the full extent of the 100-year floodplain, whichever is greater.) Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructure that requires maintenance, cleared rights -of -way and/or compromise the functions and values of the forested buffers should not occur within these riparian areas. • Stream Crossings. Bridges or spanning structures should be used for all permanent roadway crossings of streams and associated wetlands. Structures should span the channel and the floodplain in order to minimize impacts to aquatic resources, allow for the movement of aquatic and terrestrial organisms, and eliminate the need to place fill in streams, wetlands, and floodplains. Bridges should be designed and constructed so that no piers or bents are placed in the stream, approaches and abutments do not constrict the stream channel, and the crossing is perpendicular to the stream. Spanning some or all of the floodplain allows stream access to the floodplain, dissipates energy during high flows, and provides terrestrial wildlife passage. When bank stabilization is necessary, we recommend that the use of riprap be minimized and that a riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in the floodplain is necessary, floodplain culverts should be added through the fill to allow the stream access to the floodplain during high flows. 4 If bridges are not possible and culverts are the only option, we suggest using bottomless culverts. Bottomless culverts preserve the natural stream substrate, create less disturbance during construction, and provide a more natural post -construction channel. Culverts should be of sufficient size to leave natural stream functions and habitats at the crossing site unimpeded. Culvert installation and presence should not change water depth, volume (flow), or velocity levels that permit aquatic organism passage; and accommodate the movement of debris and bed material during bankfull events. Widening the stream channel must be avoided. • Utility Line Crossings. In the interest of reducing impacts to natural resources, utility crossings (i.e., sewer, gas, and water lines) should be kept to a minimum, and all utility infrastructure (including manholes) should be kept out of riparian buffer areas. If a utility crossing is necessary, we recommend that you first consider the use of directional boring. Directional boring under streams significantly minimizes impacts to aquatic resources and riparian buffers. If directional boring cannot be used and trenching is determined to be the only viable method, every effort should be made to ensure that impacts to in -stream features are minimized and stabilized upon completion of the project. Our past experiences with open -trench crossings indicate that this technique increases the likelihood for future lateral movement of the stream (which could undercut or erode around the utility line), and the correction of such problems could result in costly future maintenance and devastating impacts to natural resources. Therefore, as much work as possible should be accomplished in the dry, and the amount of disturbance should not exceed what can be successfully stabilized by the end of the workday. In -stream work should avoid the spring fish spawning season and should consider forecasted high flow events. Regardless of the crossing method, all utility lines should cross streams perpendicularly. We strongly encourage that a qualified biologist monitor the work area until the work is complete in order to identify any additional impact -minimization measures. The Service may be available to assist you in this effort. To determine if any maintenance is required, the work site should be monitored at least every 3 months during the first 24 months and annually thereafter. Moreover, we recommend the development of a riparian monitoring and maintenance program that would outline procedures for the prompt stabilization of streambanks near the utility crossing (should any streambank erosion or destabilization occur) throughout the life of this project. 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 4-2-23-351. Sincerely, - - original signed - - Janet Mizzi Field Supervisor State Historic Preservation Office North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson June 14, 2023 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Kara Webb KComettigecslimited.com ECS Southeast 1812 Center Park Drive, Suite D Charlotte, NC 28217 Re: Construct gas station on 3.5 acres, 101 South White Street, Marshville, Union County, ER 23-0779 Dear Ms. Webb: Thank you for your email of March 15, 2023, regarding the above -referenced undertaking. We have reviewed your submission and offer the following comments. The project has the potential to adversely affect historic properties, specifically the South Marshville Historic District (UN0480). Demolition of contributing resources within a district is considered an adverse effect which would need to be resolved should any Federal funding, permitting, or approval be needed for the project. Based on the information provided, we are unable to accurately assess impacts to historic properties within the Area of Potential Effect (APE). A set of plans, existing conditions and proposed, should be provided to us for review and comment. It should clearly indicate any extant structures over 50 years of age within the proposed development APE and the intent regarding the structures (avoid/relocate/demolish). Based on our knowledge of the area, it is unlikely that any archaeological resources that may be eligible for inclusion in the National Register of Historic Places will be affected by the project. We, therefore, recommend that no archaeological investigation be conducted in connection with this project. 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.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. (1� Sincerely, « tRamona Bartos, Deputy f( 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 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson August 15, 2023 Kara Webb Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. KCometti@ecslimited.com ECS Southeast 1812 Center Park Drive, Suite D Charlotte, NC 28217 Re: Construct gas station on 3.5 acres, 101 South White Street, Marshville, Union County, ER 23-0779 Dear Ms. Webb: Thank you for your email of June 22, 2023, transmitting the requested photographs and site plans. We have reviewed your submission and offer the following comments. As proposed, the project will adversely affect historic properties, specifically the South Marshville Historic District (UN0480). Should federal funding, permitting or approval be required for this project, resolution of this effect through the development of a Memorandum of Agreement and implementation of mitigation strategies may be necessary. This will require an extended consultation period; thus, we encourage you and your client to confirm federal involvement as soon as possible. Contact Katie Harville, Environmental Review Specialist, at katie.harville@dncr.nc.gov, with any questions regarding resolution of the effect or to schedule a meeting to begin resolution consultation. 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(a�ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, wdk& tu� Ramona Bartos, Deputy {� State Historic Preservation Officer cc Marian Morgan, Union County HPC UC.Heritage@unioncountync.org Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 8146570/814-6898