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HomeMy WebLinkAbout20221741 Ver 1_ePCN Application_20221209DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 6/28/2022 BIMS # Assigned* Version#* 20221741 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification What amout is owed?* $240.00 $570.00 Reviewing Office* Select Project Reviewer* Wilmington Regional Office - (910) 796-7215 Holley Snider:eads\hasnider:Holley.Snider@ncdenr.gov Information for Initial Review la. Name of project: Ocean Ridge Plantation Park la. Who is the Primary Contact?* Morgan Gilbert 1 b. Primary Contact Email:* lc. Primary Contact Phone:* morgan.gilbert@timmons.com (910)338-6005 Date Submitted 12/9/2022 Nearest Body of Water Saw Pit Swamp Basin Lumber Water Classification C; SW Site Coordinates Latitude: 33.926407 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -78.478728 la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 42 - Recreation Facility NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: Ocean Ridge Master Association INC 2b. Deed book and page no.: 04509, pg 0491 2c. Contact Person: 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes No Yes No 2d. Address Street Address 190 Ocean Ridge Parkway Southwest Address Line 2 City State / Province / Region Ocean Isle Beach NC Postal / Zip Code Country 28469 USA 2e. Telephone Number: 2f. Fax Number: (973)390-3987 2g. Email Address: * pjp17@optonline.net 3. Applicant Information (if different from owner) 3a. Name: Andy Osterlund 3b. Business Name: Osterlund Architects, PLLC 3c. Address Street Address PO Box 568 Address Line 2 City Raleigh Postal / Zip Code 27602 3d. Telephone Number: (919)838-9337 3f. Email Address: * andy@aoarchitect.com 4. Agent/Consultant (if applicable) 4a. Name: Morgan Gilbert 4b. Business Name: Timmons Group 4c. Address Street Address 5410 Trinity Road, Suite 102 Address Line 2 City Raleigh Postal / Zip Code 27607 4d. Telephone Number: (910)338-6005 4f. Email Address:* morgan.gilbert@timmons.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Ocean Isle Beach 2. Project Identification 2a. Property Identification Number: 105616840631 2b. Property size: 29.46 2c. Project Address Street Address East of Summerhill Glen Southwest and west of Dartmoor Way Southwest Address Line 2 City State / Province / Region Ocean Isle Beach NC Postal / Zip Code Country 28469 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Saw Pit Swamp 3b. Water Resources Classification of nearest receiving water: * C; SW 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402080201 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The project Site is a planned recreational park that consists of an approximately 30-acre area located east of Summerhill Glen Southwest and west of Dartmoor Way Southwest in Ocean Isle, North Carolina within Brunswick County. The project Site is bound by golf courses and residential developments to the north, east, and south, and by undeveloped forest and residential development to the west. The Site is comprised of mixed hardwood -pine forest. The proposed recreational development will consist of an oceanfront beach house, a picnic pavilion, tennis and pickle -ball courts, an indoor/outdoor swimming pool, sauna, hot tub, a fitness center, miles of walking and bike paths, a members' meeting/activity center, roadway, and utility improvements (i.e. public water supply and sanitary sewer alignment). A Freedom of Information Act (FOIA) request was submitted by Timmons Group to the USACE on October 6, 2022. Information regarding permits for the adjoining development was received on November 8, 2022. Permitting information for SAW-2002-00088 is provided in Appendix B. This permit included 0.31 acres of impacts to Waters of the US. There's a note in the permit that reads "Remaining wetlands and waters within the tract shall be preserved in perpetuity." This statement does not include the Site or any portions of PIN 105616840631. A delineation of the western portion of the Site was completed by Headwater Environmental Inc. on February 26 and March 1, 2019, and a Jurisdictional Determination was received from USACE on July 1, 2019. 2019 (SAW-2019-01167). Delineation data is included in Appendix B. A second delineation of the areas outside parcel 105616840631 was completed by Headwater Environmental Inc. on September 6, 2022. 2022 updated delineation data is included in Appendix B. At the time of this permit application, the additional area has not been confirmed by the USACE. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 8.246 4g. List the total estimated linear feet of all existing streams on the property: 0 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a recreational park with community cohesion and the necessary amenities within the southwestern portion of Brunswick County. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Ocean Ridge is a single -phased recreational development project that is located at east of Summerhill Glen Southwest and west of Dartmoor Way Southwest in Ocean Isle, North Carolina (Brunswick County). The project site will include the construction of a recreational park with associated amenities (including roads, stormwater control measures (SCMs), and utility improvements). All work will be conducted in accordance with local, state, and federal regulations. Traditional equipment will be used consisting of front-end loaders, bulldozers, paving equipment, graders, and earth movers. SCMs are required and will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Unknown Corps AID Number: SAW-2019-01167 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Headwater Environmental Inc. 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR 02/26/2019 & 03/01/2019 — Delineation completed by Headwater Environmental personnel 07/01/2019 — Preliminary Jurisdictional Determination (SAW-2019-01167) received from USACE 09/06/2022 — Additional area delineation completed by Headwater Environmental personnel; this additional area has not been confirmed. 6. Future Project Plans 6a. Is this a phased project?* Yes • No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No other NWP(s), regional general permit(s), or individual permit(s) are intended to be used for development of the proposed project. All project impacts are being accounted for in this permit application. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested * 2f. Type of Jurisdicition * (?) 2g. Impact area* 4 Site Grading & Development P Hardwood Flat C Yes Both 0.006 (acres) 7 Site Grading & Development P Headwater Forest A Yes Both 0.005 (acres) 10 Site Grading & Development P Headwater Forest A Yes Both 0.136 (acres) 11 Site Grading & Development P Headwater Forest A Yes Both 0.019 (acres) 12 Site Grading & Development P Headwater Forest A Yes Both 0.005 (acres) 13 Site Grading & Development P Headwater Forest A Yes Both 0.000 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.171 2i. Comments: 2g. Total Permanent Wetland Impact 0.171 Sites 4, 7, 10, 11, 12, and 13 (Impact Numbers 4, 7, 10, 11, 12, and 13) consists of 7,400-sq.ft. (0.1699-acre) of total permanent wetland impacts necessary for road construction and grading associated for the road construction. The road is necessary to provide access throughout the Site. Impact 13 is shown as 0.000-acre impacts but the actual impact area is 0.000419-acre. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 Site Grading & Development Permanent Fill Ditch Jurisdictional Ditch Corps 9 Average (feet) 6 (linear feet) S2 Rip Rap Permanent Rip Rap Fill Ditch Jurisdictional Ditch Corps 9 Average (feet) 8 (linear feet) S3 Site Grading & Development Permanent Fill Ditch Jurisdictional Ditch Corps 9 Average (feet) 9 (linear feet) S4 Rip Rap Permanent Rip Rap Fill Ditch Jurisdictional Ditch Corps 9 Average (feet) 10 (linear feet) s5 Site Grading & Development Permanent Fill Ditch Jurisdictional Ditch Corps 9 Average (feet) 12 (linear feet) S6 Rip Rap Permanent Rip Rap Fill Ditch Jurisdictional Ditch Corps 9 Average (feet) 5 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 450 3i. Total permanent stream impacts: 50 3i. Total stream and ditch impacts: 50 3i. Total temporary stream impacts: 0 3j. Comments: Impacts 5, 8, and 14 consist of 35-If (666-sq.ft./0.015-ac.) of permanent stream impacts associated with site development and construction, and installation of stormwater dissipation devices. Impacts 6, 9, and 15 consist of 23-If (213-sq.ft./0.005) of permanent— no loss stream impacts associated with the construction of rip rap dissipation pad. 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area 1 Site Grading & Development P Pond 1 Fill Pond 0.00 2 Rip Rap P Pond 1 Other Pond 0.00 3 Rip Rap P Pond 1 Other Pond 0.00 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.00 4h. Comments: 4g. Total permanent open water impacts: 0.00 Site #1 (Impact Number 1) consists of 201-sq.ft. of permanent open water impacts necessary for road construction and grading associated for the road construction. The road is necessary to provide access to the Site. Impact 1 is shown as 0.00-acre in the table but the actual impact is 0.0046-acre. Sites #2 and #3 (Impact Numbers 2 and 3) consist of 378-sq.ft. of permanent — no loss open water impact necessary for the installation of a rip rap dissipator pad. Impact 2 is shown as 0.00-acre in the table but the actual impact is 0.0048-acre. Impact 3 is shown as 0.00-acre in the table but the actual impact is 0.0039-acre. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts to jurisdictional features have been avoided and minimized to the maximum extent practicable by incorporating resourceful site planning, including utilization of the wetland/stream delineation to adjust the layout of the Site design to avoid and minimize impacts. The remaining impacts proposed are necessary in order for the project's goals to be realized. Additional avoidance and minimization measures were taken in response to the permitting information for SAW-2002-00088 received under the FOIA request. Site plans were re-evaluated to reduce the total impacts to jurisdictional features to stay within the NWP 42 permitting thresholds. Retaining walls were placed to reduce impacts to wetlands and open waters. Road accesses have been shifted to further reduce impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Proper sedimentation and erosion control methods will be utilized during all phases of construction and installation as described in accordance with the requirements of the North Carolina Department of Environment and Natural Resources: Erosion Control Planning and Design Manual (May 2013) and local codes. All work will take place during dry conditions and can be facilitated from high, non -jurisdictional, stable ground. The contractor shall install silt fence, inlet protection, sediment traps, division ditches, temporary coffer dams, tree protection, and clearing only as necessary to install devices. All erosion and sediment control measures will be checked for stability and operation following every runoff producing rainfall, but in no case less than once every week. Any needed repairs will be made immediately to maintain all measures designed. An erosion control inspections report is required and will be kept by the owner's representative. Temporary seeding and permanent seeding plans are included to restore impacted areas. The project will meet all relative requirements of Best Management Practices and Engineered Stormwater Control Structures as outlined through State and Local Stormwater Rules. Measures will be taken to prevent oil, tar, trash, debris, and other pollutants from entering adjacent jurisdictional features. Any excess excavated materials not utilized as back fill will be placed and contained within upland areas and permanently stabilized to prevent erosion into adjacent jurisdictional features. Therefore, stockpiling of excavated material within jurisdictional waters of the U.S. will be strictly prohibited as part of the construction of this project. All project construction activities initiated within jurisdictional waters of the U.S. will be carried to completion in an expeditious manner to minimize the period of disturbance within jurisdictional waters. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. Yes No 4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature: (linear feet) 4d. Buffer mitigation requested (DWR only): (square feet) 4e. Riparian wetland mitigation requested: (acres) 0.170 4f. Non -riparian wetland mitigation requested: 4g. Coastal (tidal) wetland mitigation requested: (acres) (acres) 4h. Comments The project is proposing a total of 0.1699-ac. of wetland impacts that will require mitigation. An amount of 0.17-ac. of wetland impact was requested via the ILF form. Please note that the impacts are proposed to be mitigated at a 2:1 ratio, requiring the purchase of 0.3398-ac. of wetland mitigation credits. At the time of this submittal, Timmons Group has reached out to the Stone Farm Mitigation Bank, the only private mitigation bank with mitigation sites within the project's HUC, on September 20 and November 28, 2022. A response has not yet been received from the private mitigation bank. An ILF acceptance letter dated December 1, 2022 from NC DMS for the requested credits is included in the attached deliverables package. If the amount of credits needed to be purchased from NC DMS changes due to credit availability within the private banks, the ILF request will be amended and an SOA will be provided. 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. Yes No F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: Proposed Site is not located within a protected riparian buffer area. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. Ocean Isle Beach and Brunswick County State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. The proposed project is a single and complete project that will not result in additional impacts. All impacts associated with the project are accounted for herein. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? A search of the USFWS IPaC database on December 6, 2022 identified thirteen federally protected species as potentially occurring within the project area, including the northern long-eared bat, piping plover, red knot, red -cockaded woodpecker, American alligator, green sea turtle, Kemp's Ridley sea turtle, leatherback sea turtle, loggerhead sea turtle, Cooley's meadowrue, rough -leaved loosestrife, and seabeach amaranth. The IPaC database further identified two candidate species for listing, the magnificent ramshorn and the monarch butterfly, as potentially occurring within the project area. The IPaC database also included the tri-colored bat as proposed endangered. No critical habitats were identified within the project area or a 1-mile radius. Additionally, a search of the North Carolina Natural Heritage Program (NHP) database on December 6, 2022 did not identify any Federally threatened or endangered species within the project area. However, the NHP report did identify multiple elemental occurrences within a 1-mile radius of the project area. These elemental occurrences are for the red -cockaded woodpecker (EO ID 11834) and the American alligator (EO ID 7407). Other State listed species were found within the project area as listed in the attached NHP report. No natural areas were identified within the project area. The majority of the Site consists of mixed hardwood and pine forests greater than 30-years of age interspersed with forested wetlands in the central portions of the Site. Based on the age of the forest, the site may contain several trees that could represent potentially suitable summer roosting habitat for the northern long-eared bat. Timmons Group is not aware of known maternity roost trees or hibernacula in the vicinity of the Site. According to the USFWS Eastern North Carolina Ecological Services website, Brunswick County is not a county with known roosting sites and is located more than 50 miles from the nearest 12-digit USGS Hydrologic Unit Map (HUC) with a known winter roosting site. Therefore, it is the opinion of Timmons that any development of the Site may affect, but is not likely to adversely affect the northern long-eared bat. Further, per the findings of the Final 4(d) Rule on the northern long-eared bat, disturbance activities associated with the Site would qualify as exempt, unintentional take. On November 30, 2022, the U.S. Fish and Wildlife Service published a final rule to reclassify the northern long-eared bat as endangered under the Endangered Species Act (ESA). Because the northern long-eared bat has been reclassified from a threatened to an endangered species, the 4(d) of the Act is no longer effective after January 30, 2023. Once available, the project will need to be reevaluated for northern long-eared bat using the Rangewide Determination Key on the USFWS IPaC website to ensure the project will have no effect or is not likely to adversely affect the northern long-eared bat. According to information obtained from the USFWS Online Database, the red -cockaded woodpecker prefers to nest in mature pine stands with low understory vegetation. Additionally, the red -cockaded woodpecker prefers to forage in mixed pine and hardwood stands greater than 30 years of age and consisting of trees with an average diameter greater than 8-inches diameter at breast height (dbh). The majority of the Site consists of mature mixed -hardwood forests with some pine forests scattered throughout. Forested wetlands are located in the central and northern portions of the Site . No occurrences of red -cockaded woodpecker were noted on the NCNHP database search. One element occurrence of the red -cockaded woodpecker was noted in 1991 within a one -mile radius of the Site. Therefore, it is the opinion of Timmons that any proposed disturbance may affect, but not likely to adversely effect on the red -cockaded woodpecker. According to information obtained from the USFWS Online Database, the American alligator is a large, semi -aquatic, armored reptile that ranges from 6 to 14-ft in length (body only). Typical habitat includes freshwater swamps, marshes, rivers, lakes, and other smaller bodies of water. It sometimes creates burrows near these environments. The majority of the site consists of mature mixed hardwood and pine forests with forested wetlands in the northern and central portions of the Site. No occurrences of the American alligator were noted on the NCNHP database search. One element occurrence of the American alligator was noted in 2017 within a one -mile radius of the Site. Based on the habitat preferences of the American alligator and the current habitat in the vicinity of the proposed action area, it is the opinion of Timmons that potentially low quality habitat for the American alligator exists within the proposed action area in the open water and ditches on -site. Because the American alligator is listed as threatened due to similarity of appearance, USFWS ESA Section 7 consultation is not required for the species. According to information obtained from the USFWS Online Database, Kemp's Ridley sea turtle is the smallest of the sea turtles, reaching about 2 feet in length and occurs in bays and coastal waters in the Atlantic Ocean. The leatherback sea turtle is the largest of the sea turtles, reaching 4 to 8 feet in length and occurs in marine waters throughout the Atlantic Ocean. The majority of the Site consists of mature mixed -hardwood and pine forests with forested wetlands in the northern and central portions of the Site. No potentially suitable habitat for Kemp's Ridley sea turtle and the leatherback sea turtle were located within the project area. No occurrences of either species were noted on the NCNHP database search. Therefore, it is the opinion of Timmons that any proposed disturbance with have no effect on Kemp's Ridley sea turtle and the leatherback sea turtle. According to information obtained from the USFWS Online Database, the green sea turtle is the largest hard -shelled sea turtle, reaching up to 3 to 4 feet in length and it nests annually in North Carolina. The loggerhead sea turtle is reddish -brown with relatively large heads and also nest in North Carolina. The majority of the Site consists of mature mixed -hardwood and pine forests with forested wetlands in the northern and central portions of the Site. No potentially suitable habitat for the green sea turtle and the loggerhead sea turtle were located within the project area. No occurrences of either species were noted on the NCNHP database search. Therefore, it is the opinion of Timmons that any proposed disturbance will have no effect on the green sea turtle and the loggerhead sea turtle. According to information obtained from the USFWS Online Database, Cooley's meadowrue is a perennial herb that is typically found in wet pine savannas that are kept open by frequent fire and/or other disturbances such as forest clearings and roadside ditches . The majority of the Site consists of mature mixed hardwood and pine forests with forested wetlands in the northern and central portions of the Site. The ditches on -site are rather deep and do not provide suitable habitat. There is no evidence of fire and/or other disturbances within the forested areas. Forest clearings along the boundaries of the Site are regularly mowed and maintained. The understory of the Site is not clear enough to provide a conducive habitat for Cooley's meadowrue. Therefore, it is the opinion of Timmons that any proposed disturbance with have no effect on Cooley's meadowrue. Based on the habitat description provided by the USFWS, rough -leaved loosestrife is a perennial herb that grows 11.8-23.6 inches in height, has triangular leaves and yellow flowers. The species typically occurs in maintained (fire and/or regular mowing) ecotones or edges between longleaf pine uplands and pond pine pocosins, as well as within Carolina bays. The majority of the Site consists of mature mixed hardwood and pine forests with forested wetlands in the northern and central portions of the Site. Pond pine pocosins were not noted onsite and the Site is not regularly maintained by fire. Therefore, the Site does not have habitat that would be conducive to rough -leaved loosestrife. No occurrences of rough -leaved loosestrife were noted on the NCNHP database search. Therefore, it is the opinion of Timmons that any proposed disturbance will have no effect on rough -leaved loosestrife. According to information obtained from the USFWS Online Database, seabeach amaranth is a plant species found in barrier island beach environments and it grown in overwash flats on frontal dunes. The piping plover is a bird species that lives on tidal flats, shoals, and sandbars within inlets. The red knot is also a bird species that lives along the ocean shore and feeds on horseshoe crab eggs. The majority of the Site consists of mature mixed - hardwood and pine forests with forested wetlands in the northern and central portions of the Site. No occurrences of seabeach amaranth were noted on the NCNHP database search. Based on the lack of ocean shore and sand dunes, which represent suitable habitat, it is the opinion of Timmons that any proposed disturbance will have no effect on the seabeach amaranth, piping plover, and red knot. According to information obtained from the USFWS Online Database, the magnificent ramshorn is a salt intolerant snail endemic to the lower Cape Fear River Basin. The majority of the Site consists of mature mixed -hardwood pine forests and forested wetlands in the northern portion of the Site. No occurrences of magnificent ramshorn were noted on the NCNHP database search. The magnificent ramshorn is an air -breathing snail, historically documented from only four sites in the lower Cape Fear River Basin in southeastern North Carolina. In the past 40 years, repeated surveys conducted by USFWS in suitable habitat within the known historical range have yielded no observations of the magnificent ramshorn. All known magnificent ramshorn snails are currently in captivity and are descendants of adult snails from two distinct populations from Pleasant Oaks Pond and Orton Pond in Brunswick County, North Carolina. Therefore, it is the opinion of Timmons Group that the proposed disturbance will have no effect on the magnificent ramshorn. The majority of the Site consists of mixed hardwood and pine forests greater than 30-years of age interspersed with forested wetlands in the central portions of the Site. Based on the age of the forest, the site may contain several trees that could represent potentially suitable summer roosting habitat for the tri-colored bat. Timmons Group is not aware of known maternity roost trees or hibernacula in the vicinity of the Site. Therefore, it is the opinion of Timmons Group that the proposed project may affect, but is not likely to adversely affect the tri-colored bat. The majority of the Site consists of mature mixed -hardwood and pine forests. The monarch butterfly's habitat is ubiquitous throughout the state and disturbance to areas with potentially suitable habitat is minimal. Therefore, it is the opinion of Timmons Group that the proposed project will have no effect on the monarch butterfly. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* A search of the North Carolina Natural Heritage Preservation Office's (HPO) online database and the North Carolina Department of Environmental and Natural Resources (DENR) Division of Historical Resources (DHR) data did not identify any historical resources within the project limits or within a 1-mile radius of the proposed project limits. Considering the proposed project's consistency with the surrounding land use, along with all proposed work being limited to the project area, the project area's distance from all listings, and existing land use between the site and listings, the proposed project should have no effect on historical resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* According to FEMA FIRM panel 3720105600K (effective 08/28/2018), the subject property is located within Zone X, an area of minimal flood hazard. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document 2022.12.09_Ocean Ridge_PCN Attachments Package (reduced).pdf 12.89MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Morgan Gilbert Signature Date 12/9/2022 • •0060 5410 Trinity Road P 919.866.4951 919.859.5663 T I M M 4 N S GROUP Raleigh,, NC 27607 Suite 102Fvwwvtimmons.com December 9, 2022 Gary Beecher U.S. Army Corps of Engineers — Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 Holley Snider 401 & Buffer Permitting Branch NCDEQ — Division of Water Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Electronic Pre -Construction Notification Attachments Ocean Ridge Ocean Isle, Brunswick County, North Carolina Project No.: 52770 Dear Mr. Beecher and Mrs. Snider, On behalf of Osterlund Architects, PLLC, we are providing additional attachments and information to aid in the review of the electronic Pre -Construction Notification of the Ocean Ridge, an approximately 29.46-acre site located east of Summerhill Glenn Southwest and west of Dartmoor Way Southwest in Ocean Isle, North Carolina, within Brunswick County (the Site). Please review the below attachments and contact Morgan Gilbert at (910) 338-6005 or morgan.gilbert@timmons.con if additional information is required. Sincerely, Timmons Group Morgan Gilbert, WPIT Environmental Scientist I <. Nick Tu or Senior Environmental Scientist ENGINEERING I DESIGN I TECHNOLOGY Enclosures ATTACHMENTS Appendix A Figure 1 — Vicinity Map Figure 2 — NRCS Soil Survey Map Figure 3 — Wetland Delineation Map Appendix B Agent Authorization Form 2019 Delineation Map and Jurisdictional Determination 2022 Data Collection Report FOIA Report — SAW-2002-00088560070 DWR Pre -Filing Request Appendix C Environmental Impacts Set Appendix D Mitigation Acceptance Letter Appendix E IPaC Official Species Report NCNHP Database Report Appendix F SHPO Map and List Appendix A Path: Y:\805\52770 - Ocean Ridge\GIS\52770-JD-VIC.mxd r. 9A DR 5LY ._r AAAN NORTH ] CAROLINA s NH Y l r7 a.ly Pit SAY' o I5 �o — Z r O '{PP Site Limits IpHS rpr'1 Pf `'•': i t� ..�CF. I'L - Site limits are approximate. Topographic imagery from USGS. 0 21000 4,000 6,000 8,000 Feet OCEAN RIDGE TIMMONS GROUP s■ `'�� BRUNSWICK COUNTY, NORTH CAROLINA FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. TIMMONS GROUP JOB NUMBER:52770 U.S.G.S. QUADRANGLE(S):SHALLOTTE PROJECT STUDY LIMITS: 29.5ACRES DATE(S):2019 LATITUDE: 33.926407 WATERS HED(S): COASTAL CAROLINA (LOWER PEE DEE RIVER BASIN) LONGITUDE:-78.478728 HYDROLOGIC UNIT CODE(S):03040208 These plans and associated documents are the exclusive property of TIM MONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. Path: Y:\805\52770 - Ocean Ridge\GIS\52770-JD-NRCS.mxd These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. E o N a >, a a ^,U N N cQ •- cN 3 as W L C c CD 0) O C ti z �O a)UU o �,� a Q`O L L .= N ul -0 H U (n 6> H O Y CO � � N a) ro a L V � � a) O Q Q U O'U as UO QC -0 = }' v � W O O� O U W N as N `° O 0 0 ro _0 L� E N � z 70 c Co fig`° � Co °O° W n aj ro O � � 0 2 cc:W ��ms� _ m E O rnzvi n 0 - NQU Q=o 0 C L .(0 a) Um� W 0 a +)o a) j> O O O nm g fo 0 a) O yV+ d' N Q z E i J (n C ?� -0 > ti O O 0.0 Qz =cCo z� U) E o c Z U) co o O z r, O 0 Q U H � a) N Q ._ a 3 O J ;� E� IE z U o p/aa� N m U)Ms�° 1)s �U)2C E� =; 0NU) o >��'� C U d LLJ as 8L 2 0 L TE �JO E a) Q O ��G�O 3 Zj E Q u) N O fn EONS a of U °' m` L Ca s ��Ea) U �� 0 o Q o 76 od C CO 0 o N o mo V 0L CL a) (7 0 p o (6 � U C a) O N .O Uo ul ul 00 , (? > a3 N ~ U) O C ♦ d a)2i�'o C E o!EU Q o , errace S isburn TW aa) CL z Lisburn-Terrace m ao) � a3 C U a3 a) O m O W .0 0 a>i 0) U) U) �Da t �U m C �0)Q- x Of U) aae 0o asp o > aUOf>W ♦, �a N a3 2i D > 0 -Z 7_ C Ul as u) 0 ♦ U au a) � J 'O ♦ N .0 ' a) o as a) O a) .N S Ul � � t Ul cnCa3>� :s o�Qo� . o U (0 O CLN 7 :L- o� Q D C D o E N Q Oa-0 O a) = Q N ON O -> a) _ U L.L U) O 7 > N Ul N U) 0 U) OQ E a) a)� cc: U) > U) a3 .-, CL O a) (6 a) rn C as m > U) 2� O a) C fn -0 a) a) � ul " '� o- U) w O CA O Ew a3 w�> Eas L L a5 2i �2� 0 7 Appendix B The Department of the Army US Army Corps of Engineers Wilmington District PO Box 1890 Wilmington, NC 28402-1890 To Whom It May Concern: • � f TIMMONS GROUP YOUR VISION ACHIEVED THROUGH OURS. AGENT AUTHORIZATION All Blanks to be Filled in by Applicant NCDEQ — Division of Water Resources 401 & Buffer Permitting Unit 1650 Mail Service Center Raleigh, NC 27699-1650 I, the undersigned, current applicant designate, authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the 5th day of December 120 22 (number) (Month) (Year) This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Ocean Ridge Applicant Name (Print): Andrew Osterlund, AIA Applicant Signature: ;/„� Applicant Mailing AdMss: PO BOX 568, Raleigh, NC 27602 Applicant Fax Telephone: 919 838 9337 No. Applicant Email Address: andy@aoarchitect.com L 0 Ln Ln rn co M r-I CT w E 0 U U) c 0 E E 3 3 3 TIMMONS GROUP YOUR VISION ACHIEVE[? T, ROi1GH OORF,. AGENT AUTHORIZATION and PROPERTY OWNER CERTIFICATION FORM i All Blanks to be Filled in by Current Landowner The Department of the Army NCDEQ — Division of Water Resources US Army Corps of Engineers 401 & Buffer Permitting Unit Wilmington District 1650 Mail Sery ce Center P❑ Box 1890 Raleigh, NC 27699-1650 Wilmington, NC 28402-1890 To Whom It May Concern: I, the undersigned, current property owner designate, authorize representatives of Timmons Group to act on my behalf as my agent in the processing of permit applications, to furnish upon request supplemental information in support of applications, etc., from this day forward_ This the a b day of [•t r , 20-A (number) Month) (Year) I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S_ Army Corps of Engineers (Corps) and NCDEQ Division of Water Resources (DWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 401 and 404 of the Clean Water Act, and/or Section 10 of the Rivers and Harbors Act of 1899. This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Ocean Ridge Parcel ID: 105616840631 Site Address: East of Summerhill GIn SW and west of Dartmoor Way SW Ocean Isle, NC Property Owner's Name (Print): Ocean d e M ter "SAtio/INC Property Owner's Signature: Property Owner's Mailing �] Address: I � 0 Xer , F GQ LA -cc c4 S� Property Owner's ��yy —7 Fax Telephone: `7 73 3 1) 3 q ■ No. Property Owner's Email Address: / 0 0)1) l J o e, F la 0 E 6 u sn C 0 E E 3 i 40 Headwater , ENVIRONMENTAL INC. July 1, 2019 Mr. Henry Orejuela Ocean Ridge Master Association PO Box 867 New Bern, North Carolina 28562 910-777-3908 > 1844 Sir Tyler Dr. Wilmington, NC 28405 Reference: Wetland Delineation Ocean Ridge Site Summerhill Glen SW Ocean Isle Beach, Brunswick County, North Carolina Headwater Project #201902 Dear Mr. Orejuela: www.headwaterenvironmental.com Headwater Environmental, Inc. (Headwater) is pleased to provide the results of our wetland delineation. On January 12, 2019, Ocean Ridge Master Association (ORMA) retained Headwater to perform a wetland delineation at the above referenced property. The purpose of this report is to document and locate the extent of wetlands and streams within the site boundary. PROJECT INFORMATION The site is located northeast and adjacent to the intersection of Lisburn Terrace and Summerhill Glenn SW in Ocean Isle Beach, Brunswick County, North Carolina. According to Brunswick County GIS, the site is identified as Parcel ID 22800014 (27.17 acres) and is owned by Reaves Thomas HRS. The proposed use of the site is to develop community amenities for the Ocean Ridge Neighborhood. The limits of the project area are to be defined by the ORMA; their successors or assigns. Regulatory Summary In order to identify wetlands at the site, Headwater utilized the "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont", issued April 2012. Identification of wetlands is based on a three -factor approach involving indicators of hydrophytic vegetation, hydric soil, and wetland hydrology. Federal authority to regulate activities in wetlands is contained in Section 404 of the Clean Water Act (33 USC 1344) and Section 10 of the Rivers and Harbors Act (33 USC 403). These Acts established a program for regulating the discharge of dredged and fill material into the "Waters of the United States", which includes wetlands and streams. Section 401 of the Clean Water Act authorizes States and Tribes to administer the water quality certification process to protect wetlands and other aquatic resources. Based the Rapanos v. United States and Carabell v. United State Supreme Court cases in 2005/2006, the United States Army Corps of Engineers (USACE) and Environmental Protection Agency (EPA) issued guidance requiring that a significant nexus determination must be Wetland Delineation: Ocean Ridge Site Headwater Project #201902 July 1, 2019 completed in order to identify the connectivity of wetlands to traditionally navigable waters. The Wilmington District of the USACE in conjunction with the EPA, administers the federal wetlands program in this area. In addition, the North Carolina Department of Water Resources (DWR) administers the wetlands and stream buffer program for the State of North Carolina as per Section 401 of the Clean Water Act. Stream buffers are not implemented by the DWR in this watershed. According to Stormwater Management Policy 15A NCAC 02H .1006, a 30-foot vegetative buffer is required along all streams or rivers classified as High Quality Waters (HQW). The stream located north of the site boundary is classified as HQW, therefore a 30-foot vegetative buffer is required along this feature. METHODOLOGY Office Review Headwater reviewed the 7.5-minute United States Geological Survey (USGS) Topographic Quadrangle, Shallotte, North Carolina dated 1991 (Figure 1). According to the topographic quadrangle, the site is situated between 40 and 55 feet above mean sea level (MSL). The site is mapped as wooded land and generally slopes downgradient to the north. An unnamed stream is mapped on the northeastern portion of the site. The unnamed stream flows northwest to the Shallotte River. Headwater reviewed the printed Soil Survey for Brunswick County, North Carolina provided by the NRCS, dated 1986 (Figure 2). There are no aquatic resources mapped within the site boundary. According to the Natural Resources Conservation Service (NRCS), Web Soil Survey (WSS), there are four soil series mapped within the site boundary (Figure 3). Foreston loamy fine sand (Fo) is mapped on the northern portion of the site. Torhunta mucky fine sand (To) is mapped on the northern and western portions of the site. Leon fine sand (Lo) is mapped on the northwestern and central portions of the site. Murville mucky fine sand (Mu) is mapped on the southern portion of the site. The Foreston series is a moderately well drained soil found on interstream divides of the coastal plain. The Torhunta series consist of very poorly drained soils found in "bays" and on stream terraces in the Coastal Plain. The Leon series is a poorly to very poorly drained soil, found on upland flats, stream terraces and depressions. The Murville series is a very poorly drained soil found in flat or slight depression on broad interstream divides, such as the area between the Cape Fear River and Northeast Cape Fear River. All four soil series are identified as hydric soils in Brunswick County. Headwater reviewed the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map (FIRM), Panel Number 3720105600K, dated August 8, 2018. The site is located outside of the 500-year floodplain (Figure 4). Headwater reviewed the United States U.S. Fish and Wildlife Service (USFWS) National Wetland Inventory (NWI). According to the NWI mapping (Figure 5), a "Riverine" feature is mapped along the northeastern site boundary. Headwater reviewed Light Detection and Ranging (LiDAR) data provided by the National Oceanic and Atmospheric Administration (NOAA). Elevation at the site generally slopes downgradient to 2 Wetland Delineation: Ocean Ridge Site Headwater Project #201902 July 1, 2019 the north, in the direction of a stream (Figure 6). The site drains to the upper Shallotte River. The Shallotte River is classified as Class C, Swamp Waters, High Quality Waters and is located within the Lumber River basin. Stream buffers are not implemented by the DWR in this watershed. Site Reconnaissance Following the office review, the site reconnaissance was completed February 26 and March 1, 2019. The field reconnaissance involved a general site inspection, wetland observations, and a wetland boundary delineation. The purpose of the site reconnaissance was to verify the published data, inspect the site for the presence of wetlands, and delineate (flag) the wetland/upland boundaries. Headwater utilized the Trimble Geo7x GPS device to locate and map the wetland features. During the field review, examination of wetland characteristics was conducted. Data Points were established and are attached to this report. The Data Points were used to record field data on vegetation, soils, and hydrology. Information collected at each data point includes the following: Characterization of Vegetation Vegetation at each Data Point was characterized as per the appropriate regional supplement to the USACE Wetland Delineation Manual for the following stratum (layer): A. Trees: Woody plants, excluding vines, approximately 20 feet or more in height and three inches or larger in diameter at breast height (DBH). B. Saplings: Woody plants, excluding vines, 20 feet or more in height and less than 3 inches DBH. C. Shrubs: Woody plants approximately 3 to 20 feet in height. D. Herbs: All, non -woody, herbaceous plants less than 3 feet in height. E. Vines: All woody vines, regardless of length or height. Soil Characterization Soil characteristics at each data point were reviewed with the use of a 2-inch diameter Dutch auger. Soil samples were obtained from the ground surface to the depth necessary to identify hydric soil characteristics. The matrix color of each sample was identified and recorded using the standard Munsell Soil Color Chart. Other soil characteristics (i.e.: textures, concretions, structure) of each sample were also examined and recorded. Particular emphasis was placed on the identification of (or lack of) certain hydric soil indicators such as low chroma and/or mottled soils. Hydrology Each data point was examined for evidence of surface and subsurface hydrology. Field indicators (i.e.: water stained leaves, oxidized root channels, morphological plant adaptations, etc.) were identified and recorded. Each point was evaluated for primary and secondary indications of wetlands hydrology. FINDINGS AND OBSERVATIONS The weather at the time of reconnaissance was cloudy with temperatures near 70 (degrees Fahrenheit). Headwater was not accompanied during the delineation. The site boundaries were visually discernable based on woodlines and roads. The Trimble Geo7x GPS device was also 3 Wetland Delineation: Ocean Ridge Site Headwater Project #201902 July 1, 2019 utilized to discern the site boundaries. Photographs taken during the site visit are attached to this report. The site is wooded. A network of ditches is located throughout the site and along the boundaries. Headwater identified two wetland areas and one pond within the site boundary (Figure 7). Wetland Area A is located on the central portion of the site. Wetland A abuts a perennial stream northeast and adjacent of the site. Wetland C is located on the southern portion of the site. Pond A is located on the northeastern portion of the site. Several ditches connect to the pond. Two upland islands were identified on the central eastern portion of the site. The soils in the wetland areas have low chroma and low value colors. The wetland area is dominated by hydrophytic vegetation and exhibits wetland hydrology indicators. Standing water and saturated soils are located throughout Wetland A. Wetland Determination Data Forms that support our findings are included as attachments. Data Point 1 (DP-1) was recorded within an upland island on the eastern -central portion of the site. DP-2 was recorded within Wetland A. Headwater marked the wetland boundaries with pink surveyor tape. The wetland labeling scheme is included on Table 1. Table 1. Wetland and stream labeling scheme. Wetland/Stream Identifier Location Flag Numbers Wetland A Central portion of the site W-A1 to W-A53 Wetland C Southern portion of the site W-Cl to W-C9 Upland Island AA Northeastern portion of the site W-AA1 to W-AA11 Upland Island A Central eastern portion of the site U-Al to U-Al2 Upland Island B Eastern portion of the site U-131 to U-1317 Headwater observed the remainder of the site for the presence of surface waters or wetlands. Headwater traversed the perimeter boundaries and made several transects across the interior of the site. The soils in other areas of the site are bright and appear well drained. Headwater did not observe additional surface waters or wetlands on the site. Figure 7 shows the approximate locations of the wetlands, streams, and data points. REGULATORY VERIFICATION Headwater completed a Jurisdictional Determination (JD) site visit with Mr. Gary Beecher of the U.S. Army Corps of Engineers (USACE) on May 14, 2019. Mr. Beecher agreed with the wetland boundaries. Mr. Beecher identified the excavated area on the northern portion of the site as a borrow pit within an upland area and therefore is not a jurisdictional feature. The site has been assigned Action ID SAW-2019-01167. If impacted to wetlands or other aquatic resources are to occur, additional coordination with the USACE and the North Carolina Division of Water Resources (DWR) may be warranted. CONCLUSIONS AND RECOMMENDATIONS Two wetland area was identified and mapped in the field by Headwater. Based on our preliminary calculations, Wetland Area A is 7.65 acres and Wetland Area C is 0.41 acre. Wetland Area A is abutting a perennial stream northeast of the site. • Three upland islands were identified and mapped among Wetland A on the eastern portion of the site. Based on our preliminary calculations, Upland Island AA is 1.27 acres, Upland Island 12 Wetland Delineation: Ocean Ridge Site Headwater Project #201902 July 1, 2019 A is 0.72 acre, and Upland Island B is 0.76 acre. A network of ditches is located throughout the site and along the boundaries. Jurisdictional ditches are located along the northern and eastern site boundaries, respectively. If the wetlands, streams, and/or buffers are impacted by development, they should be accurately located and mapped by a licensed North Carolina surveyor. Such a survey would show the exact location and extent of jurisdictional wetlands and isolated wetlands. The survey could serve as a preliminary site plan that could be also be used for a permit application to the USACE and DWR. USACE and DWR authorization should be obtained prior to impacting wetlands. LIMITATIONS Observations, conclusions, and/or recommendations pertaining to the potential jurisdictional wetland areas and stream features within the subject site are limited to the conditions observed, and/or materials reviewed at the time this study was undertaken. This report is provided for the use of the ORMA; their successors or assigns, and is not intended to be used or relied upon in connection with other projects or by other unidentified third parties. The use of this report by an undesignated third party or parties will be at such party's sole risk and Headwater disclaims liability for such third -party use or reliance. Headwater appreciates the opportunity to provide our environmental services for this project. If you have questions or need additional information, please contact us at (910) 777-3908. Respectfully submitted, Headwater Environmental, Inc. C. Paul Pascarosa Nick Creidler President Environmental Scientist Enclosure: Figures 1 to 7 Data Forms Photographs Jurisdictional Determination SAW-2019-01167 5 �y '�.Ip: Q � 4 l - u � I Legend Site boundary _ Feet 0 1,000 2,000 4,000 SOURCE FIGURE 1 Headwater LOCATION MAP ENVIRONMENTAL I NC. USGS Ocean Ridge Site 7.5-minute Topographic Quadrangle Shalotte, North Carolina (1991) Summerhill Glenn SW Date: 1/4/2019 Contour Interval = 5 feet Ocean Isle North Carolina Headwater Project # 201902 1 inch = 2,000 feet Prepared by: NJC Noe I,a. tr 8 a8 Fv oA Noe - � krg nee L4 L v G oA GoA To rQ TO fo Mu L o� Mu Tr 0 La Mu Mu L ra LoiZ u ?� —, LG mu 10 Mu Mu %A S 4I F {n F❑ Mu ! -Ba1 Kr9 My ToJP . ) Lo Legend v 9 - Feet Approximate site boundary F 0 200 400 800 SOURCE FIGURE 2 Headwater USDA PRINTED SOIL MAP E N V I R 0 N M E N T A L I N C. Printed Soil Survey Ocean Ridge Site Brunswick County, North Carolina Summerhill Glenn SW Date: 2/25/2019 Dated 1986 Ocean Isle North Carolina Headwater Project # 201902 Prepared by: NJC �� Note: Map is not to scale. x } 7 JMIWF TO y , -Np �• 4.� � , 4A Lo - _ �• �, 5, Mu Legend g Site boundary k • Y -A F Soil boundary Fo Foreston loamy fine sand Lo Leon fine sand Mu Murville mucky fine sand Feet To Torhunta mucky fine sand 0 200 400 800 SOURCE FIGURE 3 Headwater USDA WEB SOIL SURVEY MAP ENV I RON MENTAL INC. Web Soil Survey (WSS) Ocean Ridge Site Summerhill Glenn SW ESRI Ocean Isle North Carolina Date: 1/4/2019 World Basemap Imagery (2016) Headwater Project # 201902 Prepared by: NJC AA'� 1 inch = 400 feet LEGEND APM@ r • INUND F1ikYs IIA7AN aRrl4 FFtCs) GfiiiFiT TO ' � � �1 - � � • � '� � ii8s� [NUNDi1i70N 13Y T}iF s0.6 hNHI/pl C1-�a�NCF Ft COD Inn !% annuai chw� Now (Iw fva• Ilaw1. al a on1w ac ae nar. " Ir Ihv nuui M4 T� a S4` d(s ehf Leem P ko w o�m1� In miy gh� Imr. 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EBAS ad EPA Rd.6Yr 76 aiI} MurdaN dwmip `Smo flood •1s and kcr ZZ nid Imrm" f 4'n S ` 1 d.*yMIR Fnoe mw-.,l Aral 7 -%E.- sear onion ft%W n,. fn.e aaln v rinn.w..r.. J � . , --r+t 513 ilrRw n..a n.rw.' i.r. r.. Mn.-.r•+I.rr n aAr ' art cfvi ew.fr.r, w.r rarw mn....nw r+r. rwwNn r wwwrwl U. ma nci m rms W" DmN- (I V71e I.19 r 1 n aa) Tr -d I- ZIti: tp I nT !A .0` 1 • t } i� •_ 7 .} C ■ .``r F .i~t~. 1 s■� ��y s � �' , �►1JaY S W � a � � C wst� ,y,,•� 4. Legend . r >' � !� E • �,�«k.>rn,� �, Feet Site boundary �` ! _ �'� ` v • a 0 200 400 800 SOURCE FIGURE 4 Headwater FEMA FEMA MAP A0 ENVIRONMENTAL INC. Online Flood Service Center Ocean Ridge Site Map Panel # 3720105600K Summerhill Glenn SW Date: 1/4/2019 Dated August 8, 2018 Ocean Isle North Carolina 1 inch = 400 feet Headwater Project # 201902 Prepared by: NJC 0 PUBHx Legend Site boundary Wetland Type FIFreshwater Pond - Riverine Headwater ENVIRONMENTAL INC. Date: 1 1 /4/2019 Prepared Prepared byINJC BH ,R P B h UB r PUBHx • s PU �r •. PUBH H +�1 � R5UBH {*, 1PUB s� ■ PU H r F�. PUBHx _ PUBHx k 101�•' 1 1^ �.7 ! P U B H P B x'y AWL s PUBH PUBHx y B H x PUBHx PUBHx PUB x *� �.lm a PUBHx PUBHx - .- Feet 0 200 400 800 SOURCE USFWS National Wetlands Inventory (NWI) NC CGIA Orthoimagery (2016) 1 inch = 400 feet ff FIGURE 5 NATIONAL WETLANDS INVENTORY MAP Ocean Ridge Site Summerhill Glenn SW Ocean Isle North Carolina Headwater Project # 201902 Legend Site boundary DEM Elevation (ft) above MSL - High : 60.4 Low: 34.9 h �� - Feet 0 175 350 700 SOURCE FIGURE 6 Headwater NOAA LIDAR MAP L N v I R o N M E N TA L i N c• Office for Coastal Management Ocean Ridge Site Coastal Inundation Digital Elevation Summerhill Glenn SW Date: 2/27/2019 Model (DEM): Ocean Isle North Carolina '� Aggregate Record Headwater Project # 201902 Prepared by: NJC W 1 inch = 350 feet This is not a survey. All locations depicted on this figure are approximate. This Wetland Determination was completed by Headwater Environmental, Inc. (Headwater) on February 26 and March 1, 2019. This wetland delineation was verified in the field with Mr. Gary Beecher of the U.S. Army Corps of Engineers (USACE) on May 14, 2019 (Action Id. SAW-2019-01167). If impacts to wetlands/streams occur from development, additional coordination with the USACE and North Carolina Division of Water Resources (DWR) may be warranted. Wetland and stream locations were recorded with the Trimble Geo 7x GPS device. The site drains to the Upper Shallotte River. The Shallotte River is located within the Lumber River Basin. The Shallotte River is classified as Class C, Swamp Waters, High Quality Waters. Riparian buffers are not implemented by the DWR along streams in this river basin. a w1b Legend Site boundary Wetland Borrow Pit Perennial stream I 30ft stream buffer • Data point Site 27.17 acres Wetland A 7.65 acres Wetland C 0.41 acre Total Wetland 8.06 acres Total Upland 19.11 acres ." �. �4A DP-2 -StreaCn fl A DP-1 • #' M. C a�Y 0 SOURCE Headwater ESRI A0 ENVIRONMENTAL INC. World Basemap Imagery (2016) Date: 3/7/2019 Site Reconnaissance Revised 5/14/19 February 26 and Marach 1, 2019 Prepared by: NJC ,P 1 inch = 350 feet Feet 175 350 700 FIGURE 7 WETLAND DELINEATION MAP Ocean Ridge Site Summerhill Glenn SW Ocean Isle North Carolina Headwater Project # 201902 Ocean Ridge Home Owners Association Table 1. Wetland A flag labeling scheme and coordinates. Wetland A Wetland Flag Latitude Longitude W-Al 33.92835293 -78.47826613 W-A2 33.92821185 -78.4783214 W-A3 33.92811709 -78.47836546 W-A4 33.92786212 -78.47842237 W-A5 33.92786561 -78.47859561 W-A6 33.92774266 -78.47867366 W-A7 33.92759909 -78.47887651 W-A8 33.92734003 -78.47896814 W-A9 33.92714806 -78.47898078 W-A10 33.92691563 -78.47898432 W-All 33.92680529 -78.47921849 W-Al2 33.92683893 -78.47944941 W-A13 33.92689709 -78.47962122 W-A14 33.926888 -78.47980213 W-A15 33.92670371 -78.4798252 W-A16 33.92662231 -78.47982939 W-A17 33.92648942 -78.47975274 W-A18 33.92645343 -78.4797276 W-A19 33.9265281 -78.47968001 W-A20 33.9266532 -78.47955951 W-A21 33.9267153 -78.47931416 W-A22 33.92670635 -78.47908576 W-A22 33.92661336 -78.47888801 W-A24 33.92653428 -78.4786819 W-A25 33.92643027 -78.47880447 W-A26 33.9262521 -78.47896333 W-A27 33.92615406 -78.47892948 W-Al W-AA AAa NI-AF -Ai - A.AR .A8 J' A7 -AAZ -AA7 A9 W .Atfl W-A1a -ATE w-A21 W-A22 A U-AT •AT6 W -A23 U- ,N A 7 1T -A19 W-A24 A18 -A2� A10 A26 -A9 W-A3a W-A27 tFAB -A 9 At -A28 "Map not to scale. Notes: 1. This is not a survey. Locations recorded using Trimble Geo7x GPS device. Data recorded in NAD83, State Plane (North Carolina 3900 feet). 2. This is not a survey. All locations depicted on this figure are approximate. This Wetland Determination was completed by Headwater Environmental, Inc. (Headwater) on February 26 and March 1, 2019. The wetland, stream, and ditch locations were recorded with the Trimble Geo7x GPS devise. Headwater recommends coordinating with the U.S. Army Corps of Engineers and North Carolina Division of Water Resources. 'Table 1 continued. --------------- ----------------------------------------- W-A28 33.92608864-78.47904593 W-A29 33.9261431 -78.47921105 W-A30 33.92614774 -78.47929896 W-A31 33.92598774 -78.47938069 W-A32 33.92599295 -78.47946424 W-A33 33.92591035 -78.479477 W-A34 33.92580843 -78.47949186 W-A35 33.92571839 -78.47961287 W-A36 33.92569319 -78.47977259 W-A37 33.92560272 -78.47980384 W-A38 33.92531521 -78.47967866 W-A39 33.92538117 -78.47943804 W-A40 33.92509832 -78.47930433 W-A41 33.92514033 -78.47914349 W-A42 33.92524466 -78.47906204 W-A43 33.92523715 -78.47887544 W-A44 33.92513508 -78.47880302 W-A45 33.92503405 -78.47870437 W-A46 33.92502628 -78.47872551 W-A47 33.92505222 -78.4788769 W-A48 33.92498651 -78.47898035 W-A49 33.92496179 -78.47889191 W-A50 33.92482573 -78.47865024 W-A51 33.92473652 -78.47859068 W-A52 33.92467227 -78.47839684 W-A53 33.92467566 -78.47820597 Notes: w.Asa n'-An as s u-A9 s � vr•A u A31 If -A33 -A34 A35 vW IF A lF-9fD _ -A37 U- LF- U-9"3 W-A39 u•sta W A42 W-Aa3 441 w-Aaa W. w-A47 -A46 W-A47 u•B3 W-Aa9 W-Aw w-A51 W-A52 WA°= "Map not to scale. 1. This is not a survey. Locations recorded using Trimble Geo7x GPS device. Data recorded in NAD83, State Plane (North Carolina 3900 feet). 2. This is not a survey. All locations depicted on this figure are approximate. This Wetland Determination was completed by Headwater Environmental, Inc. (Headwater) on February 26 and March 1, 2019. The wetland, stream, and ditch locations were recorded with the Trimble Geo7x GPS devise. Headwater recommends coordinating with the U.S. Army Corps of Engineers and North Carolina Division of Water Resources. Table 2. Upland AA flag labeling scheme and coordinates. Upland AA W-AA2 33.92823648 -78.47817931 W-AA3 33.928148 -78.47819015 W-AA4 33.92792248 -78.47819938 W-AA5 33.92777802 -78.47822921 W-AA6 33.92757243 -78.47826595 W-AA7 33.92739982 -78.47823189 W-AA8 33.92716556 -78.4781071 W-AA9 33.92700772 -78.47783537 W-AA10 1 33.92707193 -78.47770101 W-AA11 1 33.92706831 -78.4775124 Table 3. Upland A flag labeling scheme and coordinates. Upland A U-Al 33.92666666 -78.47815954 U-A2 33.92657709 -78.47799711 U-A3 33.92644737 -78.47796361 U-A4 33.92631697 -78.47804341 U-A5 33.92614797 -78.47813262 U-A6 33.92607111 -78.47821583 U-A7 33.92598914 -78.47838106 U-A8 33.92612114 -78.47849519 U-A9 33.92627599 -78.47862289 U-A10 33.92641132 -78.47861193 U-A11 33.92651447 -78.47852261 U-Al2 33.92662589 -78.47832732 Notes: W-Al w-AA? A2 ,N-AA3 A3 AAA -AAC AA. VV,AAe "Map not to scale. "Map not to scale. 1. This is not a survey. Locations recorded using Trimble Geo7x GPS device. Data recorded in NAD83, State Plane (North Carolina 3900 feet). 2. This is not a survey. All locations depicted on this figure are approximate. This Wetland Determination was completed by Headwater Environmental, Inc. (Headwater) on February 26 and March 1, 2019. The wetland, stream, and ditch locations were recorded with the Trimble Geo7x GPS devise. Headwater recommends coordinating with the U.S. Army Corps of Engineers and North Carolina Division of Water Resources. Table 4. Upland B flag labeling scheme and coordinates. Upland B U-B1 33.9262672 -78.47772476 U-B2 33.92629022 -78.47785372 U-B3 33.92622764 -78.47789806 U-B4 33.92606709 -78.47793664 U-B5 33.92603064 -78.47800383 U-B6 33.92578779 -78.47805876 U-B7 33.92575836 -78.478086 U-B8 33.92576412 -78.4781319 U-B9 33.92568386 -78.47820413 U-B10 33.92566311 -78.47847646 U-B11 33.92561745 -78.4786136 U-B12 33.92555808 -78.47879165 U-B13 33.92543491 -78.47864378 U-B14 33.92538174 -78.47850242 U-B15 33.92519086 -78.47829036 U-B16 33.92512645 -78.47818693 U-B17 33.92499668 -78.4781143 Table 5. Wetland C flag labeling scheme and coordinates. Wetland C W-C2 33.92290787 -78.4787418 W-C3 33.92300501 -78.47869316 W-C4 33.92318232 -78.4786822 W-05 33.92329955 -78.47862587 W-C6 33.92344177 -78.47877032 W-C7 33.92345113 -78.47882925 W-C8 33.92348881 -78.47893651 W-C9 33.92335727 -78.47906862 Notes 1. This is not a survey. Locations recorded using Trimble Geo7x GPS device. Data recorded in NAD83, State Plane (North Carolina 3900 feet). 2. This is not a survey. All locations depicted on this figure are approximate. This Wetland Determination was completed by Headwater Environmental, Inc. (Headwater) on February 26 and March 1, 2019. The wetland, stream, and ditch locations were recorded with the Trimble Geo7x GPS devise. Headwater recommends coordinating with the U.S. Army Corps of Engineers and North Carolina Division of Water Resources. -A4 AS B2 U- 61 - 3 _qs tJ-AB Ae a - u- u. U-B13 U-B14 A43 �r-Add u_ - W-A45 "Map not to scale "Map not to scale WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: Reeves Site County: Brunswick Applicant/Owner: Applicant: Ocean Ridge HOA State: INC Investigator(s): Nick Creidler w/ Headwater Env. Section, Township, Range: Ocean Isle Beach Landform: (hillslope, terrace, etc.) upland "island" Local Relief (concave, convex, none): mostly flat Subregion(LRRorMLRA) LRRP Lat: 33.926278 Long:-78.47833 Soil Map Unit Name: Leon fine sand NWI Classification: Are climatic/hydrologic conditions on the site typical for this time of yea0 yes ❑ no (If no, explain in Remarks.) Are Vegetation ❑ Soil ❑ , or Hydrology ❑ signiciantly disturbed? Are "Normal Circumstances" present? p Are Vegetation ❑ Soil ❑ , or Hydrology ❑ signiciantly disturbed? (if needed, please explain in Remarks) Sampling Date: 02/26/19 Sampling Point: DP-1 Slope (%): 0-1% Datum: WGS 84 n/a Yes ❑ No SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes 0 No ❑ Is the Sampled Area Hydric Soil Present? Yes ❑ No 0 within a wetland? Yes ❑ No 0 Wetland Hydrology Present? Yes ❑ No I] Remarks: DP-1 is located in an upland island on the eastern -central portion of the site. Similar conditions were observed at other upland locations throughout the site. see attached. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply): ❑ Surface Soil Cracks (136) ❑ Surface Water (Al) ❑ Aquatic Fauna (1313) ❑ Sparsely Vegetated Concave Surface (138) ❑ High Water Table (A2) ❑ Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1310) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (1316) ❑ Water Marks (131) ❑ Oxidized Rhizospheres on Living Roots (0) ❑ Dry -Season Water Table (C2) ❑ Sediment Deposits (132) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (133) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (134) ❑ Thin Much Surface (C7) ❑ Geomorphic Position (D2) ❑ Iron Deposits (135) ❑ Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (67) ❑ FAC-Neutral Test (D5) ❑ Water -Stained Leaves (69) ❑ Sphangum moss (D8) (LRRT,U) Field Observations: Surface Water Present? Yes ❑ no p Depth (inches): Water Table Present? Yes ❑ no 0 Depth (inches): >16" Saturation Present? Yes ❑ no i] Depth (inches): >16" Wetland Hydrology Present? yes ❑ no i] (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland hydrology is absent from DP-1 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Five Strata) - Use sclentlflc names of plants. Sampling Point: DP-1 Absolute Dominant Indicator Dominance Test Worksheet: Tree Stratum (Plot size: 30' ) % Cover Species? Status Number of Dominant Species 1. Pinus toeda 20 Y FAC That Are OBL, FACW, or FAC: 11 (A) 2. Acer rubrum 10 Y FAC Total Number of Dominant 3. Quercus nigra 10 Y FAC Species Across All Strata: 11 (B) 4. Symplocos tinctoria 10 Y FAC Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100% (A/B) 6. 50 = Total Cover Prevalence Index worksheet: 50% of total cover: 25 20% of total cover: 10 OBL species 0 x 1 = 0 Sapling Stratum (Plot size: 30' ) FACW species 25 x 2 = 50 1. Quercus nigro 10 Y FAC FAC species 100 x 3 = 300 2. Symplocos tinctoria 10 Y FAC FACU species 0 x 4 = 0 3. Magnolia virginiono 15 Y FACW UPL species 0 x 5 = 0 4. Ilex opoca 10 Y FAC Column Totals: 125 (A) 350 (B) 5. 6. Prevalence Index =B/A= 2.8 45 =Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 22.5 20%of total cover: 9 Shrub Stratum (Plot size: 30' ) ❑ Dominance Test is > 50% 1. Morello cerifera 10 Y FAC ❑ Prevalence Index is <_ 3.0' 2. ❑ Problematic Hydrophytic Vegetation' (Explain) 3. 4. - - - ' Indicators of hydric soil and wetland hydrology must 5. be present, unless disturbed or problematic 6. 10 = Total Cover Definitions of Vegetation Strata: 50% of total cover: 5 20%of total cover: 2 Herb Stratum (Plot size: 30' ) Tree - Woody plants, excluding woody vines, 1. Chosmanthium laxum 10 FACW approximately 20 ft (6 m) or more in height and 3 in. (7.6 2. cm) or larger in diameter at breast height (DBH). 3. Sapling - Woody plants, excluding woody vines, 4. approximately 20 ft (6 m) or more in height and less than 3 5. in. (7.6 cm) DBH. 6. Shrub - Woody plants, excluding woody vines, 7. approximately 3 to 20 ft (1 to 6 m) in height. 8• Herb - All herbaceous (non -woody) plants, including 9. herbaceous vines, regardless of size. Includes woody 10. plants, except woody vines, less than approximately 3 ft (1 11. m) in height. 10 = Total Cover Woody vine - All woody vines, regardless of height. 50% of total cover: 5 20%of total cover: 2 Woody Vine Stratun (Plot size: 30' ) 1. Smilax rotundifolia 5 Y FAC 2. Gelsemium sempervirens 5 Y FAC 3. Hydrophytic 4. Vegetation Yes p No ❑ 5. Present? 10 =Total Cover 50% of total cover: 5 20%of total cover: 2 Remarks: (If observed, list morphological adaptations below) Hydrophytic vegetation present at DP-1 US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: DP-1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators). Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc' Texture Remarks 0-2 10YR 3/1 70 sandy loam 30% uncoated sand grains 2-9 10 YR 4/1 100 sandy loam 9-24+ 2.5 Y 5/6 90 5 YR 5/6 10 C M sandy loa 'Type C = Concentration, D = depletion, RM = Reduced Matrix, MS = Masked Sand Grains zLocation: PL = Pore Lining, M = Matrix Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: ❑ Histosol (Al) ❑ Polyvalue Below Surface (S8) (LRR S,T,U) ❑ 1 cm Muck (A9) (LRR 0) ❑ Histic Epipedon (A2) ❑ Thin Dark Surface (S9) (LRR S,T,U) ❑ 2 cm Muck (A10) (LRR S) ❑ Black Histic (A3) ❑ Loamy Mucky Mineral (F1) (LRR 0) ❑ Reduced Vertic (F18) (outside MLRA 150A,B) ❑ Hydrogen Sulfide (A4) ❑ Loamy Gleyed Matrix (F2) ❑ Piedmont Floodplain Soils (F19) (LRR P,S,T) ❑ Stratified Layers (AS) ❑ Depleted Matrix (F3) ❑ Anomalous Bright Loamy Soils (F20) ❑ Organic Bodies (A6) (LRR P,T,U) ❑ Redox Dark Surface (F6) (MLRA 153B) ❑ 5 cm Mucky Mineral (A7) (LRR P,T,U) ❑ Depleted Dark Surface (F7) ❑ Red Parent Material (TF2) ❑ Muck Presence (A8) (LRR U) ❑ Redox Depressions (F8) ❑ Very Shallow Dark Surface (TF12) ❑ 1 cm Muck (A9) (LRR P,T) ❑ Marl (1`10) (LRR U) ❑ Other (Explain in Remarks) ❑ Depleted Below Dark Surface (A11) ❑ Depleted Ochric (F11) (MLRA 151) ❑ Thick Dark Surface (Al2) ❑ Iron -Manganese Masses (1`12) (LRR O,P,T) 3Indicators of hydrophytic vegetation and ❑ Coast Prairie Redox (A16) (MLRA 150A) ❑ Umbric Surface (F13) (LRR P,T,U) wetland hydrology must be present, ❑ Sandy Mucky Mineral (S1) (LRR O,S) ❑ Delta Ochric (F17) (MLRA 151) unless disturbed or problematic. ❑ Sandy Gleyed Matrix (S4) ❑ Reduced Vertic (F18) (MLRA 150A, 150B) ❑ Sandy Redox (S5) ❑ Piedmont Floodplain Soils (F19) (MLRA 149A) ❑ Stripped Matrix (S6) ❑ Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) ❑ Dark Surface (S7) (LRR P,S,T,U) Restrictive Layer (if observed): Type: Depth (inches) Hydric Soil Present? Yes ❑ No 0 Remarks: Non-Hydric soils present US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 WETLAND DETERMINATION DATA FORM - Atlantic and Gulf Coastal Plain Region Project/Site: Reeves Site County: Brunswick Applicant/Owner: Applicant: Ocean Ridge HOA State: INC Investigator(s): Nick Creidler w/ Headwater Env. Section, Township, Range: Ocean Isle Beach Landform: (hillslope, terrace, etc.) broad flat Local Relief (concave, convex, none): mostly flat Subregion(LRRorMLRA) LRRP Lat: 33.927018 Long:-78.47830 Soil Map Unit Name: Leon fine sand NWI Classification: Are climatic/hydrologic conditions on the site typical for this time of yea0 yes ❑ no (If no, explain in Remarks.) Are Vegetation ❑ Soil ❑ , or Hydrology ❑ signiciantly disturbed? Are "Normal Circumstances" present? p Are Vegetation ❑ Soil ❑ , or Hydrology ❑ signiciantly disturbed? (if needed, please explain in Remarks) Sampling Date: 02/26/19 Sampling Point: DP-2 Slope (%): 0-1% Datum: WGS 84 n/a Yes ❑ No SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes 0 No ❑ Is the Sampled Area Hydric Soil Present? Yes 0 No ❑ within a wetland? Yes 0 No ❑ Wetland Hydrology Present? Yes 2 No ❑ Remarks: DP-1 is located in a a wetland. Saturated and inundated conditions observed in wetland area, outside data plot. see attached. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply): ❑ Surface Soil Cracks (136) ❑ Surface Water (Al) ❑ Aquatic Fauna (1313) ❑ Sparsely Vegetated Concave Surface (138) ❑ High Water Table (A2) ❑ Marl Deposits (1315) (LRR U) ❑ Drainage Patterns (1310) ❑ Saturation (A3) ❑ Hydrogen Sulfide Odor (Cl) ❑ Moss Trim Lines (1316) ❑ Water Marks (131) ❑ Oxidized Rhizospheres on Living Roots (0) ❑ Dry -Season Water Table (C2) ❑ Sediment Deposits (132) ❑ Presence of Reduced Iron (C4) ❑ Crayfish Burrows (C8) ❑ Drift Deposits (133) ❑ Recent Iron Reduction in Tilled Soils (C6) ❑ Saturation Visible on Aerial Imagery (C9) ❑ Algal Mat or Crust (134) ❑ Thin Much Surface (C7) ❑ Geomorphic Position (D2) ❑ Iron Deposits (135) 0 Other (Explain in Remarks) ❑ Shallow Aquitard (D3) ❑ Inundation Visible on Aerial Imagery (67) 0 FAC-Neutral Test (D5) p Water -Stained Leaves (69) ❑ Sphangum moss (D8) (LRRT,U) Field Observations: Surface Water Present? Yes ❑ no p Depth (inches): Water Table Present? Yes ❑ no 0 Depth (inches): >16" Saturation Present? Yes ❑ no i] Depth (inches): >16" Wetland Hydrology Present? yes I] no ❑ (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland hydrology is present. Buttressed roots observed. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 VEGETATION (Five Strata) - Use sclentlflc names of plants. Absolute Dominant Indicator Tree Stratum (Plot size: 30' ) % Cover Species? Status 1. Pinus toedo 15 Y FAC 2. Acer rubrum 10 Y FAC 3. Quercus nigra 15 Y FAC 4. 5. 6. 40 =Total Cover 50% of total cover: 20 20% of total cover: Sapling Stratum (Plot size: 30' 1. Quercus nigro 2. Symplocos tinctoria 3. Magnolia virginiono 4. Ilex opoca 5. Persea borbonia 6. Pinus toedo 50% of total cover: 32.5 Shrub Stratum (Plot size: 30' ) 1. Morello cerifera 2. 3. 4. 5. 6. 50% of total cover: 2.5 Herb Stratum (Plot size: 30' ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: Woody Vine Stratun (Plot size: 30' ) 1. Smilax rotundifolia 2. Gelsemium sempervirens 3. 4. 5. 10 FAC 10 FAC 15 Y FACW 10 FAC 15 Y FACW 5 FAC 65 =Total Cover 20% of total cover: 5 Y FAC 5 =Total Cover 20% of total cover: = Total Cover 20% of total cover: 5 Y FAC 5 Y FAC 10 =Total Cover 50% of total cover: 5 20% of total cover: Remarks: (If observed, list morphological adaptations below) Hydrophytic vegetation present at DP-2 Sampling Point: DP-2 Dominance Test Worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 8 (A) Total Number of Dominant Species Across All Strata: 8 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100% (A/B) Prevalence Index worksheet: OBL species 0 x 1 = 0 FACW species 30 x 2 = 60 FAC species 90 x 3 = 270 FACU species 0 x 4 = 0 UPL species 0 x 5 = 0 Column Totals: 120 (A) 330 (B) Prevalence Index =B/A= 2.8 Hydrophytic Vegetation Indicators: ❑ Dominance Test is > 50% ❑ Prevalence Index is <_ 3.0' ❑ Problematic Hydrophytic Vegetation' (Explain) ' Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic Definitions of Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size. Includes woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine - All woody vines, regardless of height. Hydrophytic Vegetation Yes p No ❑ Present? US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: DP-2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators). Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc' Texture Remarks 0-8 10 YR 4/2 1 90 15 YR 5/6 1 10 1C IM 11oarn 8-16+ 10 YR 5/1 1 80 15 YR 5/6 1 20 IC IM 11oarn C = Concentration, D = depletion, RM = Reduced Matrix, MS = Masked Sand Grains Soil Indicators: Histosol(A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (AS) Organic Bodies (A6) (LRR P,T,U) 5 cm Mucky Mineral (A7) (LRR P,T,U) Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P,T) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) Coast Prairie Redox (A16) (MLRA 150A) Sandy Mucky Mineral (S1) (LRR O,S) Sandy Gleyed Matrix (S4) Sandy Redox (S5) Stripped Matrix (S6) Dark Surface (S7) (LRR P,S,T,U) tive Layer (if observed): (inches) Hydric soils present 2Location: PL= Pore Lining, M = Matrix Indicators for Problematic Hydric Soils3: Polyvalue Below Surface (S8) (LRR S,T,U) ❑ 1 cm Muck (A9) (LRR 0) Thin Dark Surface (S9) (LRR S,T,U) ❑ 2 cm Muck (A10) (LRR S) Loamy Mucky Mineral (F1) (LRR 0) ❑ Reduced Vertic (F18) (outside MLRA 150A,B) Loamy Gleyed Matrix (F2) ❑ Piedmont Floodplain Soils (F19) (LRR P,S,T) Depleted Matrix (F3) ❑ Anomalous Bright Loamy Soils (F20) Redox Dark Surface (F6) (MLRA 153B) Depleted Dark Surface (F7) ❑ Red Parent Material (TF2) Redox Depressions (F8) ❑ Very Shallow Dark Surface (TF12) Marl (1`10) (LRR U) ❑ Other (Explain in Remarks) Depleted Ochric (F11) (MLRA 151) Iron -Manganese Masses (F12) (LRR O,P,T) Umbric Surface (F13) (LRR P,T,U) Delta Ochric (F17) (MLRA 151) Reduced Vertic (F18) (MLRA 150A, 150B) Piedmont Floodplain Soils (F19) (MLRA 149A) Anomalous Bright Loamy Soils (F20) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes p No ❑ US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SITE PHOTOS Headwater Project #201902 Photographs taken on February 26, 2019 Photograph 1. DP-1, Upland island on the eastern portion of the site. Photograph 2. DP-2, Wetland A located on the central portion of the site. SITE PHOTOS Headwater Project #201902 Photographs taken on March 1, 2019 Photograph 3. Open water man made pond on the eastern portion of the site. U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-01167 County: Brunswick County U. S.G.S. Quad: Shallotte NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner/Applicant: Reaves Thomas Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC PO Box 185 Supply, NC 28462 (708)431-5110 29.46 acres Shallotte River 03040208 Nearest Town Ocean Isle Beach, NC River Basin Lower Pee Dee Coordinates Latitude: 33.926411 Longitude:-78.478874 Location description: This 29.46 acre undeveloped site is located within the Ocean Ridte Subdivision on Summerhill Glenn SW in Ocean Isle, Brunswick County, NC. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminaa jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U. S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 SAW-2019-01167 _ We recommend you have the waters of the U. S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U. S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at (910) 251-4629 or Garv.H.BeecherC&u sace. army.mil. C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by August 29, 2019. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. saw-�olg-at i�7 Corps Regulat-ory Official.` Date; .1111�- 1, 2019 1 xpirafmi bate: NIA (pJD does not expire) The Wilmington District is committed to providing the highest level of support to the public. To help us ensue we continue to do so, please complete our Customer Satisfaction Survey, located online at htt :llco sma u.usace.arm j.miI/cm a ex1P?=13G:4:0. CopyFlornished via c-mail to: Nick Creid]er 11eadwater Enyironmenza1 1944 Sir Tyler Drive WilminF_tnn, NC 2840S (910) 771-8386 nickQZheadivatereoVir(IAFnerlL.1I.C4111 SAW-2019-01167 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Reaves Thomas File Number: SAW-2019-01167 Date: Ju1v 1, 2019 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The followin dentifies your rights and options regarding an administrative appeal of the above decision. Additional information maybe found at http://www.usace.anny.mil/Missions/CivilWorks/RegulatorvProgramandPennits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2019-01167 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or JECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR ORMATIO If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Gary Beecher CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Gary Beecher, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 This is not a survey. All locations depicted on this figure are approximate. This Wetland Determination was completed by Headwater Environmental, Inc. (Headwater) on February 26 and March 1, 2019. This wetland delineation was verified in the field with Mr. Gary Beecher of the U.S. Army Corps of Engineers (USACE) on May 14, 2019. If impacts to wetlands/streams occur from development, additional coordination with the USACE and North Carolina Division of Water Resources (DWR) may be warranted. Wetland and stream locations were recorded with the Trimble Geo 7x GPS device. The site drains to the Upper Shallotte River. Site 27.17 acres The Shallotte River is located within the Lumber Wetland A 7.65 acres River Basin. The Shallotte River is classified Wetland C 0.41 acre as Class C, Swamp Waters, High Quality Waters. Riparian buffers are not implemented by the Total Wetland 8.06 acres DWR along streams in this river basin. Total Upland 19.11 acres d r• < 4f4fi! ly -1, ilp,. Legend Site boundary Wetland I�! C A SOURCE Headwater ESRI ENVIRONMENTAL INC. World Basemap Imagery (2016) Date: 3/7/2019 Site Reconnaissance Revised 5/14/19 February 26 and Marach 1, 2019 Prepared by: NJC , 1 inch = 350 feet Y !I- w Feet 0 175 350 700 FIGURE 7 WETLAND DELINEATION MAP Ocean Ridge Site Summerhill Glenn SW Ocean Isle North Carolina Headwater Project # 201902 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: July 1, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Nick Creidler; 1844 Sir Tyler Dr., Wilmington, NC 28405 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington Office, Ocean Ridge Project, SAW-2019-01167 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: Brunswick City: Ocean Isle Beach Center coordinates of site (lat/long in degree decimal format): Lat.: 33.926411 Long.:-78.478874 Universal Transverse Mercator: WGS 1984 Name of nearest waterbody: ShallOtte River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑X Field Determination. Date(s): May 14, 2019 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland A 33.925861 -78.478842 7.67 acres wetland 404 Wetland C 33.923228 -78.478824 0.41 acre wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject fife. Appropriately reference sources below where indicated for all checked items: LXf Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. F] Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: 0 U.S. Geological Survey Hydrologic Atlas: HUG: 030402080201 Upper Shallotte River ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps_ ❑� U.S. Geological Survey map(s). Cite scale & quad name: 7.5-minute, Shallotte, NC dated 1991 9 Natural Resources Conservation Service Soil Survey. Citation: = "dFme ecnec2llIyAV-1hiVed 1986. NIRCS WSS ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): _ 0 1 EMAIFIRM maps: FEMA Online Flood Map Service Center Map # 3720105600K dated 8/8/2018 ❑ 100-year Floodpiain Elevation is: .(National Geodetic Vertical Datum of 1929) Photographs: ❑Aerial (Name &Date): Site Photographs dated Feb 26 and March 1, 2019 or 0 Other (Name & Date): ❑ Previous determination(s)_ File no, and date of response letter: ❑ Other information (please specify): IMPDRTANT NQTFz, The in orma ion -recorded on this orm as not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. 14 3/19/2019 Signaturla-31, date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)' 4 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Headwater / ENVIRONMENTAL INC. September 7, 2022 Will Altman Timmons Group will iam.altman(cDtimmons.com 919-866-4938 Reference: Data Collection Ocean Ridge Site Summerhill Glen SW Ocean Isle Beach, Brunswick County, North Carolina Headwater Project 201902B ri M 910.777.3908 • Wilmington, NC 28405 www.headwaterenvironmental.com Headwater Environmental, Inc. (Headwater) is pleased to provide the results of our Wetland Data Collection. PROJECT INFORMATION The site is located northeast and adjacent to the intersection of Lisburn Terrace and Summerhill Glenn SW in Ocean Isle Beach, Brunswick County, North Carolina. The site is identified as Parcel ID 22800014 (27.17 acres) and was formerly owned by Reaves Thomas HRS. The proposed use of the site is to develop a community amenity campus for the Ocean Ridge Neighborhood. According to site plans prepared by Timmons Group titled "Ridge Campus", dated August 19, 2022 (Project 52770), the proposed project includes development of a pool, club house, parking lots, and other amenity structures. Two access roads are proposed; one access road shall extend east Summerhill Glen and another access road shall extend west from Dartmoor Way. On July 1, 2019, Headwater provided the Ocean Ridge Master Association with a Wetland Delineation report and Jurisdictional Determination. At that time, the subject site did not include the proposed access roads to the east and west of the site, nor did it extend to the Limits of Disturbance (LOD), as depicted on the "Ridge Campus" site plans. Headwater was retained by Timmons Group determine if wetlands, streams or open water features were located within the access corridors and LOD. Regulatory Summary In order to identify wetlands at the site, Headwater utilized the "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region", issued November 2010. Identification of wetlands is based on a three -factor approach involving indicators of hydrophytic vegetation, hydric soil, and wetland hydrology. Federal authority to regulate activities in wetlands is contained in Section 404 of the Clean Water Act (33 USC 1344) and Section 10 of the Rivers and Harbors Act (33 USC 403). These Acts established a program for regulating the discharge of dredged and fill material into the "Waters of the United States", which includes wetlands and streams. Section 401 of the Clean Water Act Ocean Ridge Headwater Project 201902B September 8, 2022 authorizes States and Tribes to administer the water quality certification process to protect wetlands and other aquatic resources. On December 7, 2021, the U.S. Army Corps of Engineers (USACE) and the Environmental Protection Agency (EPA) issued the revised definition of "Waters of the United States". The issuance of this revised rule rescinds regulations issued under the Navigable Waters Protection Rule (2020) and The Clean Water Rule (2015). It is Headwaters understanding that the USACE is regulating Waters of the U.S. as per the rules set forth prior to 2015. The pre-2015 rules are based on the Rapanos v. United States and Carabell v. United State Supreme Court cases in 2005/2006. The USACE and EPA issued guidance requiring that a significant nexus determination must be completed to identify the connectivity of wetlands to traditionally navigable waters. The Wilmington District of the USACE in conjunction with the EPA, administers the federal wetlands program in this area. In addition, the North Carolina Department of Environmental Quality (DEQ) administers the wetlands and stream buffer program for the State of North Carolina as per Section 401 of the Clean Water Act. SITE RECONAISSANCE The weather during the reconnaissance was sunny with temperatures in the 80s (degrees Fahrenheit). Two data points (DPs) were collected. DP-3 was collected within the western access corridor and DP-4 was collected in the eastern access corridor. There are no wetlands or streams within the off -parcel access corridors. DP-3 and DP-4 confirm this finding (enclosed with this report). The previously identified wetlands extend to the LOD boundary. Two ponds (formerly off -site during delineation in 2019) are located along the eastern access corridor. Pond 1 ties to the jurisdictional ditch. Pond 2 is situated along the eastern access corridor and appears to be off -site. Pond 2 discharges to a culvert, that drains to Pond 1, which drains to a Jurisdictional Ditch. The Jurisdictional Ditch flows north, along the eastern boundary. The Jurisdictional Ditch begins at the northern end of the Pond 1. Headwater updated our Wetland Delineation Map from 2019 and enclosed for your review. The map has been revised to include the access road corridors and LOD (as designed by Timmons). REGULATORY VERIFICATION Headwater was not tasked with coordinating with regulatory agencies. LIMITATIONS Observations, conclusions, and/or recommendations pertaining to the potential jurisdictional wetland areas within the subject site are limited to the conditions observed, and/or materials reviewed at the time this study was undertaken. This report is provided for the exclusive use of Atlantic Shores Environmental Services, Ltd; their successors and/or assigns and is not intended to be used or relied upon in connection with other projects or by other unidentified third parties. The use of this report by an undesignated third party 2 Ocean Ridge Headwater Project 201902B September 8, 2022 or parties will be at such party's sole risk and Headwater disclaims liability for such third -party use or reliance. Headwater appreciates the opportunity to provide our environmental services for this project. If you have questions or need additional information, please contact us at (910) 777-3908. Respectfully submitted, Headwater Environmental, Inc. C. Paul Pascarosa President Enclosure: Figures 7, revised on September 7, 2022 Data Points Photographs C O a ra IL T �--i N Q N m CM CF) U L, L N �.rn i�J z 0 a) U) C) 2 u a "� Q° 1� "= O Y CO N N fo 3 L V ~Co CO a) rZ 69 H in O•U Cis m�0 QC 7 N +_+ 2 z �z -�� ocoU OC W cn to O.. N- C9W -E CO D- p 0 E 0)N W � _ �° ++ ro Q O aj� in d'Nt Zmv J O ro N V > 0 ��� CC O o E C w a OLU J k ��� I • ?~ �s wcpi MS/dp/a i►� ■ zi Q N p �nS @ D zi E ?�p ' '.. o ° U) o > w � o o •�"�� r, ry ba i m Q ° m A� y ,V. yL i. (1) — s CO CL �� a > E �J° c E '- p Q (n N E O fl) EN� a o� 0 U coo - _ !4- _ cQ) C9 U) NN a`) � � w 2 U tN 0 U 3 0 Q p O Od mO o 0 o� �-09 =o -0 U (6 C N 6 N .° O N N > O N ♦ d N 2i � Oi E o�U ♦♦ Q o ♦ ♦ ♦ ��Spurn Terrace SW CL z m� aoi� ♦ ♦ (6 C U O N N N N W .0 U > \ U) t = d N U N 0) ♦ 0o m-- o > �UOfW ♦♦ �a p N M 2i N ° _-o c0r E ° ♦ z� U (u .0 N N J N N ♦ N L + 6 N N i 0 (6 0 0 N ♦� -O (6 E ._ 6 p Q O N U) - C U (6 N N N p N� N Q 7 O O 2i -p E °? > >_ Y - N Q 30)� a�i p r o p E l fi- � N N U .J u) O /k. r S 3 L.L O - U) c (6 > U) > N ^� O N N C C (6 CL > U) O-N O O H N N N -p N 'O ° N O E- (U U) > E m L= 7 O U L L CO) 7 � -0 N U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT., See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Ocean Ridge Access Roads City/County: Brunswick Sampling Date: 9/6122 Applicant/Owner: Applicant: Ocean Ridge HOA State: NC Sampling Point: DP-3 Investigator(s): Headwater Environmental, Inc. Section, Township, Range: Ocean Isle Beach Landform (hillside, terrace, etc.): mowed/maintained upland Local relief (concave, convex, none): flat Slope (%): 0-1 Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: Long: Datum: NAD83 Soil Map Unit Name: Leon fine sand NWI classification: n/a Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation X Soil or Hydrology X significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No I Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: It is our opinion, the area around DP-3 has been effectively drained. The vegetation is routinely mowed. Summerhill Glen SW is located —30 feet west of DP-3. The road is approximately 2 to 3 feet lower in elevation with curbside gutters, thus, effecting hydrology. Hydrophytic vegetation is present. However, the salt and pepper A -horizon is indicative of a drained soil. A jurisdictional wetland is located in the wooded land to the east. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum oftwo required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) _High Water Table (A2) _Marl Deposits (1315) (LRR U) _Drainage Patterns (1310) _Saturation (A3) _Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (1316) _Water Marks (131) _Oxidized Rhizospheres on Living Roots (C3) —Dry-Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (133) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _Shallow Aquitard (D3) _Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 22 Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: augured to 24". Water table not encountered. Headwater personnel investigated the wetland to the east, in the wooded land, as a representative point for hydrology. Saturation was observed at 3", and water table at 8", in the wetland. Hydrology is lacking at DP-3 ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sam pl i ng Poi nt: DP-3 Absolute % Dominant Indicator Tree Stratum (Plot size: NY ) Cover Species? Status Dominance Test worksheet: 1. Pinus serotina 10 Yes FACW Number of Dominant Species That 2. Are OBL, FACW, or FAC: 3 (A) 3. Total Number of Dominant Species 4. Across All Strata: 4 (B) 5. Percent of Dominant Species That Are 6. OBL, FACW, or FAC: 75.0% (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: 10 =Total Cover OBI -species x 1 = 50% of total cover: 5 20% of total cover: 2 FACW species x 2 = S^dinq/Shrub Stratum (Plot size: NY ) FAC species x 3 = 1. Perseaborbonia 2 No FACW FACU species x4= 2. UPI -species x 5 = 3. Col um n Totals: (A) (B) 4. Preval ence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _1 - Rapid Testfor Hydrophytic Vegetation 7. X 2 -Dominance Testis >50% 8. 3- Prevalence Index is 53.0' 2 =Total Cover _Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 1 20% of total cover: 1 Herb Stratum (Plot size: NY ) 1. Clethra alnifolia 3 Yes FACW ' Indicators of hydric soil and wetland hydrology must be present, 2. Pteridium aquilinum 1 Yes FACU unless disturbed or problematic. 3. Woodwardia virginica 1 Yes OBL Definitions of Four Vegetation Strata: 4. Tree- Woody plants, excluding vines, 3 in. (7.6 cm) or more in 5. diameter at breast height (DBH), regardless of height. 6. 7. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. 8. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb -All herbaceous (non -woody) plants, regardless of size, 11. and woody plants less than 3.28 ft tall. 12. 5 =Total Cover 50% of total cover: 3 20% of total cover: Woody Vine Stratum (Plot size: NY ) 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Remarks: (If observed, list morphological adaptations below.) Unidentified grassy species present E WoodyVine-All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain -Version 2.0 SOIL Sampling Point: DP-3 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LOCI Texture Remarks 0-6 10YR 2/1 70 sandy 30/70 "salt and pepper" 10YR 7/1 30 sandy 6-10 10YR 411 100 sandy some striping occurring below 6" 10-22 10YR 611 100 sandy 22-24 10YR 3/2 100 Loamy/Clayey spodic 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _Histic Epipedon (A2) _Barrier Islands 1 cm Muck (S12) 2 cm Muck (A10) (LRR S) _Black Histic (A3) (MLRA 153B, 153D) _Coast Prairie Redox (A16) _Hydrogen Sulfide (A4) _Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) _Stratified Layers (A5) _Loamy Gleyed Matrix (F2) _Reduced Vertic (F18) _Organic Bodies (A6) (LRR P, T, U) _Depleted Matrix (F3) (outside MLRA 150A, 150B) _5cm Mucky Mineral (A7) (LRR P, T, U) Redox Dark Surface (F6) _Piedmont Floodplain Soils (F19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _1 cm Muck (A9) (LRR P, T) _Redox Depressions (F8) (MLRA 153B) _Depleted Below Dark Surface (Al 1) _Marl (F10) (LRR U) _Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _Coast Prairie Redox (A16) (MLRA 150A) —Iron-Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) _Sandy Mucky Mineral (S1) (LRR O, S) Umbric Surface (F13) (LRR P, T, U) _Barrier Islands Low Chroma Matrix (TS7) _Sandy Gleyed Matrix (S4) _Delta Ochric (F17) (MLRA 151) (MLRA 153B, 153D) _Sandy Redox (S5) _Reduced Vertic (F18) (MLRA 150A, 150B) _Other (Explain in Remarks) _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 149A) _Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: 30/70 "salt and pepper" appearance in A -horizon, indicative of drainage ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 SITE PHOTOS Headwater Project #201902B Photographs taken on September 6, 2022 Photograph 1 and 2. Soils at DP-3. The striped areas start below 6 inches of the soil surface, does not meet S6 — Strioed Matrix. Uncoated sand arains also eliminate S8 — Polvvalue Below Surface IWL .. y Photograph 3. Facing west at DP-3, towards Summerhill Glen SW. U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT., See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Ocean Ridge Access Roads City/County: Brunswick Sampling Date: 9/6122 Applicant/Owner: Applicant: Ocean Ridge HOA State: NC Sampling Point: DP-4 Investigator(s): Headwater Environmental, Inc. Section, Township, Range: Ocean Isle Beach Landform (hillside, terrace, etc.): mowed/maintained upland Local relief (concave, convex, none): flat Slope (%): 0-1 Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 33.922385 Long:-78.478008 Datum: NAD83 Soil Map Unit Name: Leon fine sand NWI classification: n/a Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation X Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No I Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: It is our opinion, the area around DP-4 is located in an upland HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum oftwo required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) _High Water Table (A2) _Marl Deposits (1315) (LRR U) _Drainage Patterns (1310) _Saturation (A3) _Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (1316) _Water Marks (131) _Oxidized Rhizospheres on Living Roots (C3) —Dry-Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (133) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _Shallow Aquitard (D3) _Inundation Visible on Aerial Imagery (137) FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Hydrology is lacking at DP-4 ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sam pl i ng Poi nt: DP-4 Absolute % Dominant Indicator Tree Stratum (Plot size: NY ) Cover Species? Status Dominance Test worksheet: 1. Pinus taeda 30 Yes FAC Number of Dominant Species That 2. Diospyros virginiana 25 Yes FAC Are OBL, FACW, or FAC: 4 (A) 3. Quercus laurifolia 10 No FACW Total Number of Dominant Species 4. Across All Strata: 6 (B) 5. Percent of Dominant Species That Are 6. OBL, FACW, or FAC: 66.7% (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: 65 =Total Cover OBI -species x 1 = 50% of total cover: 33 20% of total cover: 13 FACW species x 2 = S^dina/Shrub Stratum (Plot size: NY ) FAC species x 3 = 1. Juniperus virginiana 2 No FACU FACU species x 4= 2. Morellacerifera 20 Yes FAC UPI -species x5= 3. Col um n Totals: (A) (B) 4. Preval ence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _1 - Rapid Testfor Hydrophytic Vegetation 7. X 2 -Dominance Testis >50% 8. 3- Prevalence Index is 53.0' 22 =Total Cover _Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 11 20% of total cover: 5 Herb Stratum (Plot size: NY ) 1. Sesbania herbacea 10 Yes FACW Indicators of hydric soil and wetland hydrology must be present, 2. Helenium amarum 20 Yes FACU unless disturbed or problematic. 3. Lespedeza cuneata 12 Yes FACU Definitions of Four Vegetation Strata: 4. Eupatorium capillifolium 5 No FACU Tree -Woody plants, excluding vines, 3 in. (7.6 cm) or more in 5. diameter at breast height (DBH), regardless of height. 6. 7. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. 8. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb -All herbaceous (non -woody) plants, regardless of size, 11. and woody plants less than 3.28 ft tall. 12. 47 =Total Cover 50% of total cover: 24 20% of total cover: Woody Vine Stratum (Plot size: NY ) 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Remarks: (If observed, list morphological adaptations below.) Unidentified grassy species present 10 WoodyVine-All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain -Version 2.0 SOIL Sampling Point: DP-4 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LOCI Texture Remarks 0-8 10YR 2/1 50 sandy 50/50 "salt and pepper" 10YR 7/1 50 sandy 8-16 10YR 3/2 100 sandy 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _Histic Epipedon (A2) _Barrier Islands 1 cm Muck (S12) 2 cm Muck (A10) (LRR S) _Black Histic (A3) (MLRA 153B, 153D) _Coast Prairie Redox (A16) _Hydrogen Sulfide (A4) _Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) _Stratified Layers (A5) _Loamy Gleyed Matrix (F2) _Reduced Vertic (F18) _Organic Bodies (A6) (LRR P, T, U) _Depleted Matrix (F3) (outside MLRA 150A, 150B) _5cm Mucky Mineral (A7) (LRR P, T, U) Redox Dark Surface (F6) _Piedmont Floodplain Soils (F19) (LRR P, T) _Muck Presence (A8) (LRR U) _Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _1 cm Muck (A9) (LRR P, T) _Redox Depressions (F8) (MLRA 153B) _Depleted Below Dark Surface (Al 1) _Marl (F10) (LRR U) _Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _Coast Prairie Redox (A16) (MLRA 150A) —Iron-Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) _Sandy Mucky Mineral (S1) (LRR O, S) Umbric Surface (F13) (LRR P, T, U) _Barrier Islands Low Chroma Matrix (TS7) _Sandy Gleyed Matrix (S4) _Delta Ochric (F17) (MLRA 151) (MLRA 153B, 153D) _Sandy Redox (S5) _Reduced Vertic (F18) (MLRA 150A, 150B) _Other (Explain in Remarks) _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 149A) _Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X 50/50 "salt and pepper" appearance in A -horizon, indicative of well drained soil. ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain —Version 2.0 SITE PHOTOS Headwater Project #20190213 Photographs taken on September 6, 2022 Photograph 3. Soils at DP-4 Photograph 4. Facing southwest, towards DP-4. Off -site pond on left side of image. MillillimillillillillIIIIIIIIIIIIII SEE BELOW LX' � _L✓C�(J U 4-3 �• r = L � G! Permit Number: Conversion services provided by: _Af1CR(%tP CRA PHI C%9- The Information and Image Managers 1925-A NW Second Street Gainesville, FL 32609 Phone: (352) 372-6039 - Fax: (352) 378-6039 On-line: www.micrographicsinc.com U.S. ARMY CORPS OF ENGINEER WILMINGTON DISTRICT COPY Action ID.: 200200088 c, County: Brunswick Quad: nallvtte GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Ed Gore Agent: Craig Turner Ocean Ridge Farms, Incorporated Land Management Group, Incorporated Address: 351 Ocean Ridge Parkway Y Post Office Box 2522 Ocean Isle Beach, NC 28469 Wilmington, NC 28402 Telephone Number: (910) 287-1810 (910)452-0001 Gone: 17 UTNf or LAT/LONG; North: 3756230 East: 733630 Size and Location of project (waterway, road name/number, town, etc.): A 634.37-acre tract located in headwaters of the Shallotte River, northeast of intersection of NC Highway 904 and NC State Road 1163, north of Ocean Isle Beach, Brunswick County. North Carolina. Description of Activity: Discharge fill material into 0.31 acre of waters of the US for construction of 3 road crossings of 70 linear feet, 60 linear feet, and 30 linear feet respectively. Special Conditions for mitigation: 1.) Remove existing road crossing of 0.05 acre and restore wetlands to original grade level. 2.) All remaining wetlands and waters of the U.S. within the tract shall be preserved in perpetuity in their natural condition, and any Filling, grading, excavating, land disturbance; cutting, removing, or harming vegetation; construction of any structure; or use of these areas for livestock or other agricultural Purpose is prohibited. This condition is to run with the land and shall be binding on the Permittee and all parties claiming under it. 3.) Pernzittee shall establish and maintain legally -protected vegetated buffers adjacent to both sides of all open waters on the tract. Width of all buffers shall be at least 50 feet and in no case less than 25 feet. Vegetated buffers shall be maintained entirely in natural vegetation and shall be subject to preservation and maintenance requirements as stated in 2.) above. Property maps for owners of all lots containing or adjacent to wetlands or waters to be preserved under these Special Conditions shall include statement of the above S,pecial Conditions on said maps. APplicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344) Section 10 (River and Harbor Act of 1899) Authorization: X Nationwide Permit Number 39 Regional General Permit Number Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished in strict accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work You must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginnin8 work. If there are any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact the Corps Regulatory Official specified below. Date 2 November 2001 Corps Regulatory Official Allen Davis Telephone No. 9I0 2sI 4466 Fxpiration Date of Verification 1 I Februar 2002 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC,, MUST BE AT, THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESA W-RG-L MEMORANDUM FOR RECORD DATE: 2 November 2001 SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources and Essential Fish Habitat. 1. Action ID: 200200088 2. Project Name and Location: Ed Gore/Ocean Ridge Farms, Inc. Discharge into 0.31 AC wetlands for construction of subdivision road crossings. 3. Mitigation [Section 404(b)(1) Guidelines]. a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES b. Is compensatory mitigation necessary? YES. Explain: Remove existing 0.05 AC road crossing and restore wetlands; preserve all remaining wetlands/waters on property; vegetated buffers maintained adjacent to all waters of U.S. 4. Endangered Species (Section 7 of the ESA). a. Will any threatened or endangered species or their critical habitats be affected by this project? NO. Explain: NA b. If YES, have the concerns been addressed pursuant to the SLOPES? NA. 5. Cultural Resources (Section 106 of the NHPA). a. Will any Cultural Resources be impacted by this project? NO. b. If YES, describe steps taken to address concerns: NA. 6. Essential Fish Habitat (50 CFR Part 600, Magnuson -Stevens Act). a. Is this a project that "may adversely affect essential fish habitat?" NO. b. If YES, did the appropriate consultation procedures (50 CFR 600.920) address NMFS concerns? NA. Explain: n 11 cc C-) no�( co�, 4A o C z 'N U W d 0 CN 0) c O OO ' Mo�0 ^ �} iE o zCD N � L c n O �~ m o ` O 4-oCO) z a O U N O Z3 cn a U cn O ` 0. 0 O 0 O Lo U O �U _cn E XCY3cn w tV FL a M 1111 U.S. ARMY CORPS OF ENGINEERS C(DIPY GM A+- WILMINGT [� �- ON DISTRICT 6e., " -ram C, IJZ F Action ID.: 200200088 5-� "it I County: Brunswick Quad: Shallotte GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner: Ed Gore Agent: Craig Turner Ocean Ridge Farms, Incorporated Land Management Group, Incorporated Addrm-. 351 Ocean Ridge Parkway Post Office Box 2522 Ocean Isle Beach, NC 28469 Wilmington, NC 28402 Telephone Number: (910) 287-1810 (910) 452-0001 Gone: 17 UTM or LAT/LONG; North: 3756230 East: 733630 Sire and Location of project (waterway, road name/number, town, etc.): A 634,37-acre tract located in headwaters of the Shallatte River, northeast of intersection of NC Highway 904 and NC State Road 1163, north of Ocean Isle Beach, Brunswick County, North Carolina. Description of Activity: Discharge fill material into 0.31 acre of waters of the US for construction of 3 road crossings of 70 linear feet, 60 linear feet, and 30 linear feet respectively. Special Conditions for mitigation: 1.) Remove existing road crossing of 0.05 acre and restore wetlands to original grade level. 2.) All remaining wetlands and waters of the U.S. within the tract shall be preserved in perpetuity in their natural condition, and any filling, grading, excavating, land disturbance; cutting, removing, or harming vegetation; construction of any structure; or use of these areas for livestock or other agricultural purpose is prohibited. This condition is to run with the land and shall be binding on the Permittee and all parties claiming under it. 3.) Permittee shall establish and maintain legally -protected vegetated buffers adjacent to both sides of all open waters on the tract. Width of all buffers shall he at least 50 feet and in no case less than 25 feet. Vegetated buffers shall be maintained entirely in natural vegetation and shall be subject to preservation and maintenance requirements as stated in 2.) above. Property mains for owners of all lots containing or adjacent to wetlands or waters to be preserved under these Special Conditions shall include statement of the above Special Conditions on said maps. Applicable Law: X Section 404 (Clean Water Act, 33 U.S.C. 1344) Section 10 (River and Harbor Act of 1899) Authorization: X Nationwide Permit Number 39 Regional General Permit Number Your work is authorized by this Regional General (RGP) or Nationwide (NWP) Permit provided it is accomplished in stria accordance with the attached conditions and your submitted plans. If your activity is subject to Section 404 (if Section 404 block above is checked), before beginning work you must also receive a Section 401 water quality certification from the N.C. Division of Environmental Management, telephone (919) 733-1786. For any activity within the twenty coastal counties, before beginning work you must contact the N.C. Division of Coastal Management, telephone (919) 733-2293. Please read and carefully comply with the attached conditions of the RGP or NWP. Any violation of the conditions of the RGP or NWP referenced above may subject the permittee to a stop work order, a restoration order, and/or appropriate legal action. This Department of the Army RGP or NWP verification does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. If there are any questions regarding this authorization or any of the conditions of the RGP or NWP, please contact the Corps Regulatory Official specified below. Date 2 November 2001 Corps Regulatory Official Allen Davis Telephone No._ (910) 251-4466 Expiration Date of Verification 11 February 2002 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CESAW-RG-L MEMORANDUM FOR RECORD DATE: 2 November 2001 SUBJECT: Consideration of Compensatory Mitigation and Potential Impacts to Endangered Species, Cultural Resources and Essential Fish Habitat. 1. Action ID: 200200088 2. Project Name and Location: Ed Gore/Ocean Ridge Farms, Inc. Discharge into 0.31 AC wetlands for construction of subdivision road crossings. 3. Mitigation [Section 404(b)(1) Guidelines]. a. Has applicant avoided and minimized impacts to the maximum practicable extent? YES b. Is compensatory mitigation necessary? YES. Explain: Remove existing 0.05 AC road crossing and restore wetlands; preserve all remaining wetlands/waters on property; vegetated buffers maintained adjacent to all waters of U.S. 4. Endangered Species (Section 7 of the ESA). a. Will any threatened or endangered species or their critical habitats be affected by this project? NO. Explain: NA b. If YES, have the concerns been addressed pursuant to the SLOPES? NA. 5. Cultural Resources (Section 106 of the NHPA). a. Will any Cultural Resources be impacted by this project? NO. b. If YES, describe steps taken to address concerns: NA. 6. Essential Fish Habitat (50 CFR Part 600, Magnuson -Stevens Act). a. Is this a project that "may adversely affect essential fish habitat?" NO. b. If YES, did the appropriate consultation procedures (50 CFR 600.920) address NMFS concerns? NA. 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Scale: 1 in. = 2915 ft. 10 16 O1 SOILS Project/Site: Ocean Ridge Geor etown Tract Page 2 of 2 Map Unit Name (Series and Phase): Leon Drainage Class: Field Observations Taxonomy (Subgroup): Aeric Haplaquods Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. 0-6 A 10YR 3/1 sand 6--12 E 10YR 6/1 sand 12+ Bh 10Yr 2/1 s odic Hydric Soil Indicators: Histosol Concretions _ Histic Epipedon _ _High Organic Content in Surface Layer in Sandy Soils _Sulfidic Odor _Organic Streaking in Sandy Soils _Aquic Moisture Regime _ Listed on Local Hydric Soils List _Reducing Conditions _Listed on National Hydric Soils List _Gleyed or Low-Chroma Colors _Other (Explain in Remarks) Remarks: No greasy modifier with abundant uncoated sand grains in the top layer. Very friable WE TLANU UL I EKMINA Hydrophytic Vegetation Present? es No (Circle) Wetland Hydrology Present? Yes Hydric Soils Present? Yes N Is this Sampling Point Within a Wetland? Wetland/upland boundary is marked with pink and black stripped ribbons Longitude W 78129' 18" Latitude N 35155' 42" (Circle) Yes No Applicantlowner; Ocean Ridge Farms Land Management Group, Inc. Ed Gore Post Office Box 2522 351 ocean Ridge Parkway SW Wilmington N.C. 28402 Ocean Isle Beach, NC 28469 910-452-0001 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) V L ;etown Tract Date: 09/15/01 County: _ New Hanover State: North Carolina es o Community ID: wetland ? TransectlD: Yes o Plot1O: Indicator Dominant Plant Species Stratum Indicator FACW 9. Taxodium distichum Tree OBL FACW 10. FACW 11. FAG 12, FAC 11 FACW 14. FACW 15. OBL 16. or FAC 100% Wetland Hydrology Indicators: Primary Indicators Inundated _ x Saturated in Upper 12 Inches Water Marks Drift Lines _Sediment Deposits x Drainage Patterns in Wetlands Secondary Indicators (2 or more required): _Oxidized Root Channels in Upper 12 inches 1.) Water -Stained Leaves Local Soil Survey Data FAC-Neutral Test _Other (Explain in Remarks) mple areas SOILS Project/Site: Ocean Ridge - Georgetown Tract Paae 2 of 2 Map Unit Name (Series and Phase): Muckalee Drainage Class: Field Observations Taxonomy (Subgroup): Typic Fluvaquents Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) Abundance/Contrast Structure, etc. 0--12 A 10YR 3/2,3/1 mucky loam Hydric Soil Indicators: Histosol Concretions _ Histic Epipedon _ High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor _Organic Streaking in Sandy Soils _Aquic Moisture Regime x Listed on Local Hydric Soils List _ Reducing Conditions x Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors x Other (Explain in Remarks) Remarks: Appears to meet mucky modifier Hydrophytic Vegetation Present? es No (Circle) (Circle) Wetland Hydrology Present? es No Hydric Soils Present? es No Is this Sampling Point Within a Wetlan es No Wetland/upland boundary is marked with pink and black stripped ribbons Longtitude W 780 29.342' Latitude N 330 55.288' Applicantlowner; Ocean Ridge Farms Land Management Group, Inc. attn: Ed Gore Post Office Box 2522 351 Ocean Ridge Parkway SW Wilmington N.C. 28402 Ocean Isle Beach, NC 28469 910-452-0001 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Page 1 of 2 Project/Site: Ocean Ridge Georgetown Tract Date: 10/15/01 Applicant/Owner: Ed Gore County: Brunswick Investigator. Paul Farley State: North Carolina Do Normal Circumstances exist on the site? fes Community I uplands Is the site significantly disturbed (Atypical Situation)? TransectID: Is the area a potential Problem Area? o Plot ID: (If needed, explain on reverse.) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator Pinus taeda Tree FAC 9. 2. Pinus taeda Shrub FAC 10. Ilex glabra Shrub FACW 11. 4. Vaccinium corymbosum Shrub FACW 12. D. Pteridium aquilinum Herb FACU 13. 14. 15. 16. Percent of Dominant Species that are OBL, FACW or FAC (exclu(uding FAC-) 80% Remarks: HYDROLOGY Wetland Hydrology Indicators: _Recorded Data (Describe in Remarks): Primary Indicators Stream,Lake, or Tide Gauge _Aerial Photographs _Inundated _Saturated in Upper 12 Inches Other Water Marks _ No Recorded Data Available _ Drift Lines _ _Sediment Deposits _ Drainage Patterns in Wetlands Field Observations: Secondary Indicators (2 or more required): _Oxidized Root Channels in Upper 12 inches Depth of Surface Water. (in.) _Water -Stained Leaves _ Local Soil Survey Data Depth to Free Water in Pit: >12 (in.) _FAC-Neutral Test Other (Explain in Remarks) Depth to Saturated Soil: >12 (in.) Remarks: Typical uplands - Georgetown Tract Ocean Ridge North & Land Management Group, Inc. Georgetown Tracts Environmental Consultants Site Documentation Brunswick County, NC Wilmington, N.C. Photos October, 2001 4-18-1995 7:51PM Sent By: LAND MANAGEMENT; FROM P. 2 910 452 0060 ; Oct-22-01 8:55AM; Page 2/2 st"t 2 .46d R., Jra6".. 5t sue,.. Yand Iewt ywro' J,6c. �hu�itosr�xonr� �eoa�alo &- sro-ass-ow AGENT DISCLOSURE FORM TO WHOM IT MAY CONCERN: sera H =w9K*4&4&.A"w thee, the undersigned, hereby authorize Land Management Group, Inc., to act as our agent in the preparation and representation of information submitted within the 404/401 and/or CAMA applications and/or septic permits. All questions in regards to this application should be directed to Land Management Group, Inc. Sincerely, Owner/ FZaint — i0`ZZ1�� Owe 26007 3 - &(*e-, �lyr, �a,�i Q!! G e 5w"A' inc. 7� 9&46Z .T. Awl %(: 92'�44. At O Ax 2522 VdmMp&a, Aodh Wa2,84,02 5r� 9YO-452-000i RECEWEL OCT 2 4 29bl REGIiI.�TORY Mr. Allen Davis �II�, tr; FiELDOFFICE WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers Post Office Box 1890 Wilmington, North Carolina 28402-1890 99.& f4 yA—A6�Ad sacs 7h*A&" .gA,we M 2SW3 October 23, 2001 RE: 404 Wetland Delineation Approval/404 Permit Application for Ocean Ridge Farms Tracts, Mr. Davis: Attached are data packages for two tracts owned by Ocean Ridges Farms, Inc. in the Grissettown Area, Brunswick County, NC. and Figure 1 shows the location of each tract. Land Management Group, Inc, flagged the 404 wetlands and had them surveyed. Attached are: location maps, project maps, surveys for each property, typical site photos of uplands and wetlands and data sheets. Attachment A contains past history of LMG work on this tract. I am requesting your review of this information and either: 1 ] signoff on the large plats and retain the 11 X 17 copy for your file, or 2) set a date for field visit to review the delineations. Also attached is a NWP 39 application for 0.31 acres of wetland fill for two separate road crossings and one driveway crossing. Pertinent information on prior work and history on this site is contained in Attachment B for this permit. Please contact me if you have questions. �psr� ecr�tfulllyy G. Craig Turner Vice President Land Management Group, Inc. NC Licensed Soil Scientist, # 1091 Cc: F. Gibson GA01d Hard Ddve\Datal6RUN5WICK10CEAN R I DGB404 letter.doc Craig Turner 1 QtZ312001 RkR£R, Wasx%n wm;qKS�R "fi$�' "2� a a e e s 1f �\ r 3 4 Ir I 1 } 'I a 2 3 �1 I g I Y % % h t 7 3 t rf � w � a x Wa'a s From: Morgan Gilbert To: 401PreFileCa ncdenr.aov Cc: Nick Tudor; colleen.cohn(a ncdenr.aov Subject: Pre -filing Request - Ocean Ridge Plantation Park - Brunswick County, NC Date: Tuesday, June 28, 2022 4:37:00 PM Good afternoon, I would like to submit a Pre -filing Notice for the following project: Project Name: Ocean Ridge Plantation Park Project County: Brunswick Project Owner/Applicant: Osterlund Architects, PLLC Project Owner/Applicant Contact: Andy Osterlund Owner/Applicant Email: andy@aoarchitect.com Owner/Applicant Phone: (919) 838-9337 Owner/Applicant Address: 5 W Hargett Street, Suite 310, Raleigh, NC 27601 Type of project/Approval Sought: NWP 29 for residential development Best, Morgan Gilbert, WPIT (she her) Environmental Scientist 1 TIMMONS GROUP I www.timmons.com 5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607 Office: 984.255.2351 1 Fax: 919.859.5663 Mobile: 910.338.60051 morgan.gilbertC@timmons.com Your Vision Achieved Through Ours Appendix C k r INIII-D H-N 'Hwa —1 NVH�o O - NOI LVIDOSSb 2i�1SVW 39aRi NVDO w N 11+ t..... ...G Xtl6 iSG1 '996'G ifi-31 O u 9 O I L09LZ J '451a1eL'� ZOI alln5 'Peoy A�Ol t3 y-y oiidGoaiu mv�i qv von- innot • • _ 43LtldBydl3ltlll ' • 3H M `JNIA'1F21a 5[H1 •�• • £8 4VN z 00 ON �z Cn g J .. o ° n coQIL � o ���c Q 7 _ ro A C O N ` u ._ u `y 0 c 5 LL 1 � W ry C w F N (� U) O Z a F- U az Q LU 0 w C) V !n a �! o — Q Q w � � a m o �/ LL w ar LL Z J o W Ow U O W U J W Q N N M V U W O ULQ v(��w w d ui v�w0w J Oioz W,� m N z 1 0 0 ~ wgwwo ~ a3�¢a 0 J J J J J W Q F Q Q Q F 00000 y H H H H H � Z a Q W � � J J z Q ~ W Q � Q Q Q Q 0 � w U a � O U z a a a a a cLn J c~.> cn � � � F � O W � o o cy U z W W W W W W W W W W _-- -_ _._ _-- _-- -_ - muSNOIlIONOD ONIlSIYrl o ; k r vNnoatlo H-N 'H—O ]ISI NVH�o O - NOIIVIDOSSb di ]ISVW 39aRi NVIDO w N 11+ t........G Xtl6 iSG'996'Gifi-31 O � O I L09LZJ 451a1eL'�ZOl allnS Peoy All Ol t3 y-y oiidGoaiumv�igvvo�-innot • • _ 43LtldBydl3ltlll ' • 3H M `JNIA'1F21a 5[H1 •�• • O O � \ N i \ U o W N z co O x o vvv� z o� a w z I` \ W r I _-- -_ - ___._ _ __-- _ _-- -_ --_. _ _1JHdWI " k ry d dHW' IIV'dr]AO�� o ?" is o w INIIII NOIIVDOSSV d2 ]ISVW53JaRi NV130 L09LZJ 451alea ZOl allnS Peoy Allu1—T t........G Xtl6 iSGb'996'Gifi-31 N y-y oiidGoaiumv�igvvo�-innot ' • • _ • •�• O � !) 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QN� :Il�li wao W ° = a'S¢ - _ �m w� z o ¢= �w¢ zwz Z ¢E zw U LL �d �o ¢Z F z M 7 ��° W -- m.a a❑ a �- -� J aN L_ a`m = ¢ W m - - 0 = E m -moo - t _3 L Z E F m m= E E U E V Q ❑ d a _ d E+U -� - c E-7�, ¢ 3 q rn3 mt'L Q J U) LL O Q < LLB 5 0 ` t U � \ / ui W w W a - Z �w o NLU UWj w E o = U ¢ — O w a tt o d d a c vEE 137 °_ �E O o 3 p z cn aU 0 m =¢co s=E F U g w z M w W (n og aaamamm � U W N_ V1 Z M M M (D M (O t0 w Y Z N N N N N N N U - F x ~ Z w 0 � 0 0 iD N 0 0 cD of o LV 0 LV H v CO M In In C V IfJ O V (O O m O m N o Sri Iri 3 cri � � � w N w a a N M a a a a a a K Ir c� K K of K Appendix D ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Andy Osterlund Osterlund Architects PLLC 5 West Hargett Street, Suite 310 Raleigh, NC 27601 Project: Ocean Ridge Plantation Park NORTH CAROLINA Environmental Quafiry December 1, 2022 Expiration of Acceptance: 6/1/2023 County: Brunswick The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Lumber 03040207 Riparian Wetland 0.170 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, lk4v�t_&� FOR James. B Stanfill Deputy Director cc: Morgan Gilbert, agent North Carolina Department of Environmental Quality I Diviston of Mitigation Services 217 West Janes Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 oeoiunenimm�I�Aw �e 919.707.8976 Appendix E United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2022-0074567 Project Name: Ocean Ridge e x hSai k 4YYFJiYJft +cfln7i� i� August 15, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The 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.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that 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. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed 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 08/15/2022 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that 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. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), 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 U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 08/15/2022 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 08/15/2022 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: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 08/15/2022 Project Summary Project Code: 2022-0074567 Project Name: Ocean Ridge Project Type: Residential Construction Project Description: Residential development Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)33.9253909,-78.47888548113797,14z S N, Counties: Brunswick County, North Carolina 08/15/2022 3 Endangered Species Act Species There is a total of 15 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 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Birds NAME Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Wood Stork Mycteria americana Population: AL, FL, GA, MS, NC, SC No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8477 STATUS Threatened STATUS Threatened Threatened Endangered Threatened 08/15/2022 4 Reptiles NAME American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/776 STATUS Similarity of Appearance (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/1110 Snails NAME STATUS Magnificent Ramshorn Planorbella magni fica Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6216 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 08/15/2022 5 Flowering Plants NAME Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 STATUS Endangered Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8549 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 08/15/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! 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 American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9587 American Oystercatcher Haematopus palliates Breeds Apr 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https:Hecos.fws.gov/ecp/species/8935 08/15/2022 KA NAME BREEDING 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. https:Hecos.fws.gov/ecp/species/1626 Black Skimmer Rynchops niger Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15 and Alaska. https:Hecos.fws.gov/ecp/species/523 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25 and Alaska. Gull -billed Tern Gelochelidon nilotica Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https:Hecos.fws.gov/ecp/species/9501 Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/ecp/species/9679 Marbled Godwit Limosa fedoa Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/ecp/species/9481 Painted Bunting Passerina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15 (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA 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 t0 Sep 10 and Alaska. 08/15/2022 3 NAME BREEDING SEASON Ruddy Turnstone Arenaria interpres morinella Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA 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 Short -billed Dowitcher Limnodromus griseus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/ecp/species/9480 Willet Tringa semipalmata Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5 and Alaska. Wilson's Plover Charadrius wilsonia Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20 and Alaska. 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. 08/15/2022 4 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 American BCRestrel Ell +++ +111 +t�� �+++ +001IL American Oystercatcher 11+11111 loll 10111111 HE 111111111111 IIII —+I+ BCC Rangewide EM (CON) Bald Non -BCC +11111+1 mill Oil I I I I I 1++00 it 1 1 1 mill 1101111, ills Vulnerable TT Black Skimmer 11,+ 1,+' +111 1,11 1111 11�1 1111 ��■■ ■�J I.1 1111 1l1 I r I Tt BCC Rangewide (CON) —' 08/15/2022 5 Brown -headed Nuthatch 11//1111 mill Jill iii'+++++ +++111+0 $*1 ■+111+11—++0 BCC -BCR _ _ _ JOE. -- Chimney Swift BCC Rangewide I I I I 11401 1 1 III '11+ 1 1 1 1 1 1 1 1 I I 1 I 1 1 1 1. 1 1 1 (CON) Gull -billed Tern 1111 BCC Rangewide ++++ ++++ ++++ ++1+■t ■t ■t■t`t, 0+1+ ++++ ++++ —+++ (CON) Lesser BCC Rangewide es +1++ JOIN 0+++ ++p +0011000 001+ +10+ ++++ —1++ (CON) Marbled Godwit BCC Rangewide +�++ ++++ ++++ ++++ ++�+ ++,+ ++„ ++++ —+++ (CON) Painted Bunting —+++ BCC -BCR e Warbler BCC 1Rangewide ++++ ++++ +++, ++++ Jill TITT � ++++ ++�+ ++++ ++++ —+++ (CON) MENE Prothonotary +++ Warbler I +++ + 1 1 1 1 1 1-+++ *+ 1 1 1+*+ ++++ ++++ —+++ BCC Rangewide (CON) SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Red-headed Woodpecker +0++ AU +++­00111+++ V I I I I I I I I I BCC Rangewide (CON) Ruddy Tumstone 0+1+ 11+1 +01+ 0/110011 IIIIIIIIIIIIIIIIIIN 0111 ON IN++ 1++11110 —++1 BCC -BCR Rusty Blackbird ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ BCC -BCR Short -billed Dowitcher IN 1+11 mill 1111+111 Jill 1111111111111111-111 BCC Rangewide (CON) C BC Rangewide 111111 IIII 111111111111 Mill 1111111111111111—III BCC (CON) Cs Plover BC R++++ ++++ +111 �1�1 l��l �,���1111��+ +1�+ ++++ BCC Rangewide —+++ (CON) ---- --- Wood Thrush BCC Rangewide ++++ ++++ ++++ ++++ �+ � � � � � L ++ ++++ ++++ ++++ —+++ (CON) 08/15/2022 6 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. 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 08/15/2022 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 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 Lorin. 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. 08/15/2022 8 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. 08/15/2022 IPaC User Contact Information Agency: Timmons Group Name: Morgan Gilbert Address: 5410 Trinity Road, Suite 102 City: Raleigh State: NC Zip: 27606 Email morgan.gilbert@timmons.com Phone: 9842552351 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 August 14, 2022 Morgan Gilbert Timmons Group 5410 Trinity Road Raleigh, NC 27606 RE: Ocean Ridge Dear Morgan Gilbert: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program Nr ►�70IdD73E:1'4001,01 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. 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 found within the project area or is 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: httr)s://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. 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 Federally - listed species are 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 rod ney.butler�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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