HomeMy WebLinkAbout20240096 Ver 1_Cover Letter & Attachments_Final_2024-01-10_20240110-0- WithersRavenel
1/ Our People. Your Success.
January 10, 2024
US Army Corps of Engineers NC Division of Water Resources
Wilmington Regulatory Field Office 401 & Buffer Permitting Unit
Ms. Katharine Elks Ms. Stephanie Goss
69 Darlington Avenue 1617 Mail Service Center
Wilmington, NC 28403 Raleigh, NC 27699
Re: Guy C. Lee Sneads Ferry - NWP 39 PCN Submittal
Sneads Ferry, Onslow County, NC
USACE AID: SAW-2023-01919
WR Project #23-0747
Dear Ms. Elks and Ms. Goss,
On behalf of Guy C. Lee Building Materials, we are requesting authorization from the USACE to
use NWP 39, as well as requesting a 401 WQC from NCDWR, for the following impacts:
Proposed Impact Table
Jurisdictional
Type of
Acres
Square
Impact Specification
Feature
Impact
Footage
Wetland
Permanent
Gravel Lay -Down
0.22
9,500
The proposed total permanent impacts to jurisdictional waters requested are 0.22 acres, therefore,
the proposed impacts are eligible for authorization under NWP 39.
The proposed Guy C. Lee Sneads Ferry project is located on one parcel (PIN: 038282) totaling
±8.86-acres located at 935 Hwy 210, Sneads Ferry, Onslow County (Lat: 34.551448°N; -
77.435892°W).
The project is in the White Oak River basin and onsite waters drain to Mill Creek. The Water
Quality Classification for Mill Creek is: Class SA; HQW and the Stream Index Number is: 19-39-3-
1. The cataloging unit for the site is 03030001.
The proposed project consists of the expansion of the existing construction material storage area
for Guy C. Lee Building Materials.
Proposed Project
The purpose of the proposed project is to expand the existing construction material storage area
to increase the available supply of construction materials to meet the existing and growing demand
for building materials in Onslow County. The proposed expansion will provide an additional 9,990
sf of construction materials storage. There are four primary reasons driving the need for this
expansion project:
• Safety - The need for expansion is imminent due to overcrowding in the existing storage
area. The storage piles are large and create a hazardous environment for the workers. In
the existing storage yard visibility is limited and there are blind turns which increases the
potential for an accident. A larger storage yard would create a safer work environment by
improving stockpile organization.
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington
Guy C. Lee Sneads Ferry
Sneads Ferry, Onslow County
NWP 39 PCN Submittal
WithersRavenel
Our People. Your Success.
Sales - Due to the increase in the need for building materials and to meet higher demands,
material handling and storage needs have increased. Improved storage for building
materials will allow more materials to be stored and can provide more stock for customers.
Instead of having a series of small material shipments delivered, a larger storage yard can
provide room for larger shipments, which can decrease the number of incoming shipments.
This decreases the business' carbon footprint and increases the amount of building
materials that are in high demand.
Efficiency - The existing storage yard is undersized and dangerous. Upgrading the storage
yard will allow better organization and increased storage to hold more building materials.
Better organization will ease traffic and cause transportation of materials to operate much
more efficiently. Improved storage will allow the business to operate more efficiently.
Cost - Larger storage areas will increase the amount of building materials available for
customers. If more materials are stored onsite, it will increase business efficiency and
customers will not have to wait for building materials that are out of stock. A larger storage
yard will increase inventory to better keep up with the increase in demand for building
materials.
Project History
WithersRavenel completed a delineation of the project area on June 20, 2023.
A signed preliminary jurisdictional determination letter was issued by Katharine Elks on December
22, 2023 (AID: SAW-2023-01919). Please see attached Aquatic Resources Exhibit and USACE
Signed PJD Letter.
Proposed Impacts
The proposed permanent wetland impacts are necessary for the expansion of the storage area to
maximize productivity and meet increasing supply and demand. The proposed project will result
in 0.22 acres of permanent wetland impacts (Impact W1 - Wetland A) resulting from construction
of an additional 9,990 sf of gravel storage area. Proposed wetland impacts are necessary for
expansion of the existing construction material storage area.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Proposed permanent impacts for construction of the gravel storage area have been minimized to
provide sufficient storage capacity necessary to supply the additional building materials that have
increased in demand. There are no impacts for stormwater control or utilities. The proposed
storage area has been designed to impact the outer edge of Wetland A. It should be noted that
the portion of Wetland A proposed to be impacted has been historically disturbed. There is
currently existing rubble and other debris mixed into the soil profile and the vegetation consists
primarily of exotic/invasive species including Chinese privet (Ligustrum sinense) and Japanese
wisteria (Wisteria floribunda). Impacts to Wetland A have been minimized to the greatest extent
possible while maintaining a feasible site design.
Impacts to Wetland Aare unavoidable due to the geographic position of Wetland A in the western
portion of the review area. Guy C. Lee Building Materials have used all the uplands within the
parcel for their existing storage yard and operations. Prior to this, they have avoided any impacts
to wetlands or streams in their current limits of operation. To keep up with the high demand of
Page 2 of 4
Guy C. Lee Sneads Ferry WithersRavenel
Sneads Ferry, Onslow County 1/
NWP 39 PCN Submittal our People. your Success.
building materials, the need for increasing their storage yard is imminent. Since there are no
uplands to expand to, this design proposes impacting 0.22 acres of Wetland A to provide the
needed additional 9,990 sf of gravel storage area.
Construction techniques used to avoid or minimize impacts include installation of erosion &
sediment control devices prior to construction.
areas to prevent sediment from escaping
construction will be within uplands.
Mitigation
Silt fencing will be installed around all disturbed
into undisturbed wetlands, and access during
The proposed project will result in 0.22 acres of permanent wetland impacts from construction of
the gravel storage yard. Because the proposed permanent wetland impacts requested exceed the
0.10-acre mitigation threshold, the applicant proposes to provide wetland mitigation.
The applicant proposes to mitigate for the 0.22 acres of permanent wetland impacts at a 2:1
mitigation ratio, resulting in the provision of 0.44 acres of wetland mitigation. WithersRavenel
contacted mitigation banks that service the White Oak River 03030001 basin to determine
availability of wetland mitigation credits. There are mitigation credits available at WLS Turtle Creek
Mitigation Bank. As the official bank sponsor, Water & Land Solutions, LLC has issued a statement
of availability letter for the 0.44 acres of wetland mitigation which has been provided as an
attachment.
Stormwater Management Plan
Section 5.3.3 of the NCDEQ stormwater requirements states for additional projects within the 20
Coastal Counties and NOT Within % Mile of Shellfishing Waters that "non-residential properties
are required to treat stormwater if the built -upon area is increased by 10,000 square feet." The
additional impervious area proposed for material storage at this site does not exceed 10,000
square feet of gravel, and therefore qualifies to be exempt from treating the stormwater any more
than is currently present.
Please feel free to contact me if you have questions or require additional information to complete
your review.
Sincerely,
WithersRavenel
Environmental Scientist
hersRavenel
Trov Beaslev
Director of Natural Resources
Page 3 of 4
Guy C. Lee Sneads Ferry
Sneads Ferry, Onslow County
NWP 39 PCN Submittal
Attachments:
• PCN Form
• Agent Authorization Form
• USGS Quads
• Aerial Exhibit
• Onslow County Soil Survey
• Parcel/Owner Exhibit
• Aquatic Resource Exhibit
• USACE PJD
• NCNHP Project Review Letter
• USFWS IPaC Species List
• Water & Land Solutions, LLC Statement of Availability
• Impact Exhibits
WithersRavenel
Our People. Your Success.
Page 4 of 4
■■ WithersRavenel
.. Our People. Your Success.
AGENT AUTHORIZATION
-0- WithersRavenel
1 0 Our People. Your Success.
AUTHORIZATION FOR PROPERTY ACCESS
The undersigned owner(s), Vesta Enterprises Inc, do(es) hereby authorize WithersRavenel, Inc. to access the
±8.86-acre parcel, Onslow Co. PIN: 038282, located at 935 Hwy 210, Sneads Ferry, NC for the purpose of
environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC
Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e.
wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the
contract purchaser.
This authorization does not bind the current property owner(s) to financial responsibility for services
rendered on the subject property by WithersRavenel, Inc.
This agreement shall continue in effect until completion/termination of the purchase contract for the subject
property.
Contract Purchaser's Agent Info:
WithersRavenel, Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. (919)-469-3340
Date: 8/28/2023
Signature of Owner(s):
Sagan Lampe President
Name - Print Title
Signature
PO Box 1457
Mailing Address
Smithfield NC 27577
City State Zip
Phone: 919-631-9524
Email: sagan@vestaenterprises.com
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington
-0 WithersRavenel
/ Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned contract purchaser, Guy C. Lee (Client) does hereby appoint
WithersRavenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for:
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas
(wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate
environmental permit applications/requests for the Guy C. Lee Project consisting of: ±8.86-
acre Parcel, Onslow, Co. PIN: 038282 located at 935 Hwy 210 Sneads Ferry, NC
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Agent's Name, Address & Telephone:
WithersRavenel, Inc.
115 MacKenan Drive
Cary, NC 27511
Tel. (919)-469-3340
Date:Qjr2A �2G2
Mailing Address
5
City Stat— e Zip
Phone:_��err
Email:
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington
::WithersRavenel
Our People. Your Success.
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::WithersRavenel
Our People. Your Success.
AERIAL EXHIBIT
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ONSLOW COUNTY
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■■ WithersRavenel
.. Our People. Your Success.
PROPERTY OWNER EXHIBIT
GRAPHIC SCALE
❑ 75 15❑
1 inch = 150 ft.
REVIEW AREA
ONSLOW CO. PIN: 038282
VESTA ENTERPRISES INC
235 E MARKET STREET
SMITHFIELD, NC 27577
#8.86-ACRES
935 HWY 210 PROPERTY OWNER EXHIBITIIF :i WithersRavenel
Engineers I Planners I Surveyors
::WithersRavenel
Our People. Your Success.
AQUATIC RESOURCES EXHIBIT
& SIGNED PJD LETTER
(SAW-2023-01919)
Electronic Transmittal
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2023-01919 County: Onslow U.S.G.S. Quad: NC-Sneads Ferry
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Vesta Enterprises Inc.
Sap -an Lampe
Address: P.O. Box 1457
Smithfield, NC 27577
Telephone Number: 919-631-9524
E-mail: saaan(a,vestaentenwises.com
Size (acres) 8.86 acres Nearest Town Sneads Ferry
Nearest Waterway Mill Creek River Basin Onslow Bav
USGS HUC 03020302 Coordinates Latitude: 34.551448
Longitude:-77.435892
Location description: The project is located at 935 NC Highway 210 in Sneads Ferry, Onslow County, North Carolina. PIN:
038282
Indicate Which of the Following Appl
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/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). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/30/2023. Therefore
this preliminary 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 appear to be waters, including wetlands on the above described project area/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 over all 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,
including wetlands on your project area/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 project area/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, including wetlandson the above described project area/property 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 Form Version 10 June 2020_updated
SAW-2023-01919
❑ We recommend you have the waters, including wetlands on your project area/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, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. 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/property 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.
❑ 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 Morehead City, NC, at (252) 808-2808 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 Katharine Elks at (910) 251-4567 or
katharine.b. elks(&usace. army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 12/22/2023.
D. Remarks: None
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 (This information applies only to approved jurisdictional determinations as indicated in 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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
Phone: (404) 562-5136
AND
PHILIP.A. SHANNIN&USACE.ARMY.MIL
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 Not applicable.
SAW-2023-01919
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by Katharine Elks
Corps Regulatory Official: Katharine Elks Date: 2023.12.22 10:11:29-05'00'
Date of JD: 12/22/2023 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
htlps://re ug latoly.ops.usace.i!M.mil/customer-service-survey/.
Copy Furnished:
Alyssa Ricci — WithersRavenel, (agent)
GRAPHIC SCALE
\ \ 1 \ \ 0 75 150
\\\ \ 1 inch = 150 ft.
REVIEW AREA I
J \
J � DP-1 &2 � �--
1 WETLAND A
J �\ POTENTIAL WETLAND
WATERS OF THE US
I� #1.53-ACRES
i r
ON
14.
NOTES:
1) WETLAND DELINEATION PERFORMED BY WR ON 6/20/2023.
2) LOCATIONS ARE APPROXIMATE, BASED ON GPS LOACATION, ONSLOW COUNTY GIS DATA, AND TOPOGRAPHIC 1
INTERPRETATION. J
II935 HWY 210 III AQUATIC RESOURCE EXHIBIT III 1� Engineers � Planners � Surveyors WithersRavenet II
SNEADS FERRY ONSLOW COUNTY NORTH CAROLINA
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/22/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Vesta Enterprises Inc., Sagan Lampe, P.O.
Box 1457, Smithfield, NC 27577
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 935 Hwy 210 Sneads Ferry,
SAW-2023-01919
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located at 935 NC
Highway 210 in Sncads Ferry, Onslow County, North Carolina. PIN: 038282
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Onslow City: Sneads Ferry
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.551448 Longitude:-77.435892
Universal Transverse Mercator:
Name of nearest waterbody: Mill Creek
F. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑X Office (Desk) Determination. Date: 12/22/2023
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
Wetland A
34.552048743
-77.436223674
1.53 ac
Wetland
Section 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 file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: A.
Ricci - WithersRavenel
Map:
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
®U.S. Geological Survey map(s). Cite scale & quad name: USGS (2022) — Sneads Ferry 1:24K
® Natural Resources Conservation Service Soil Survey. Citation: Onslow Co. Soil Surve(1992) — Sheet 51
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): Aerial (2023) - NConemap
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been
verified by the Corps and should not be relied upon
for later jurisdictional
determinations.
Digitally signed by
Katharine E I kS Katharine Elks
023.12.22 10:12:04
Alyssa Ricci - WithersRavenel
OS 00'
Authorized Agent — 9/25/2023
Signature and date of Regulatory
Signature and date of person
staff member completing PJD
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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.
::WithersRavenel
Our People. Your Success.
USFWS IPaC SPECIES LIST
12/1/23, 3:27 PM IPaC: Explore Location resources
IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS)jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species
surveys) and project -specific (e.g., magnitude and timing of proposed activities) informati6n.
Below is a summary of the project information you provided and contact information for the
USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to
each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI
Wetlands) for additional information applicable to the trust resources addressed in that
section.
Location
Onslow County, North Carolina
Local office
Raleigh Ecological Services Field Office
t. (919) 856-4520
JEJ (919) 856-4556
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MAILING ADDRESS
IPaC: Explore Location resources
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
•
I- . 0011\�
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Endangered species
This resource list is for informational purposes only and does not constitute an analysis of
project level impacts.
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI includes
areas outside of the species range if the species could be indirectly affected by activities in
that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at
the dam site, may indirectly impact the species by reducing or eliminating water flow
downstream). Because species can move, and site conditions can change, the species on this
list are not guaranteed to be found on or near the project area. To fully determine any
potential effects to species, additional site -specific and project -specific information is often
required. o*
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list from
either the Regulatory Review section in IPaC (see directions below) or from the local field
office directly. <1 V il
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
S. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under theirjurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
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2. 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.
The following species are potentially affected by activities in this location:
Mammals
NAME
Northern Long-eared Bat Myotis septentrionalis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10515
NAME
STATUS
Endangered
Proposed Endangered;0�
STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10477
Piping Plover Charadrius melodus Threatened
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/6039
Red -cockaded Woodpecker Picoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Rufa Red Knot Calidris canutus rufa Threatened
Wherever found
There is proposed critical habitat for this species.
https://ecos.fws.gov/ecp/species/1864
Reptiles
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NAME STATUS
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Green Sea Turtle Chelonia mydas
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Wherever found
There is proposed critical habitat for this species.
https://ecos.fws.gov/ecp/species/5523
Threatened
Endangered
Leatherback Sea Turtle Dermochelys coriacea Endangered
Wherever found 1w
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/1493
X
Loggerhead Sea Turtle Caretta caretta Threatened
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/1110
Insects.
\1
NAME mom'
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Cooley's Meadowrue Thalictrum cooleyi
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecptspecies/3281
STATUS
Candidate
STATUS
Endangered
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Pondberry Lindera melissifolia Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1279
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
You are still required to determine if your project(s) may have effects on
all above listed species. "SO
44
-0
Bald & Golden Eagles
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' and
the Migratory Bird Treaty Act2.
Any person or organization who plans or conducts activities that may result in impacts to
bald or golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
Additional information can be found using the following links:
• Eagle Managment https://www.fws.gov//program/eagle-management
• 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
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• Supplemental Information for Migratory Birds and Eagles in IPaC
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
golden-eagles-may-occur-project-action
There are bald and/or golden eagles in your project area.
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.
1111_1AII
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of
development or activities.
Probability of Presence Summary
BREEDING SEASON
Breeds Sep 1 to Jul 31
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:
1. 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.
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
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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.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
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. TheM
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe ,Y
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC �111 11�I III IIII 111� I II II�� IIII IIII III �� I I
Vulnerable
What does IPaC use to generate the potential presence of bald and golden eagles in my specified
location?
The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN).. The
AKIN 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). To see 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 of bald and golden eagles in my
specified location?
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IPaC: Explore Location resources
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) 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 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. Please contact your local Fish and Wildlife Service Field Office if
you have questions.
Migratory birds
C.S.IX
Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden
Eagle Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats3 should follow appropriate regulations and
consider implementing appropriate conservation measures, as described below.
'k-.0
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Eagle Management https://www.fws.gQv//program/eagle-management
• 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
• Supplemental Information for Migratory Birds and Eagles in IPaC
https://www.fws.gov/media/supplemental-information-migratory-birds-and-bald-and-
golden-eagles-may-occur-project-action
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
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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
0
present and breeding in your project area.
NAME BREEDING SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliatus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8935
`,
Bachman's Sparrow Aimophila aestivalis
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/6177
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area,
but warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of
development or activities.
Black Skimmer Rynchops niger
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/5234
Breeds Apr 15 to Aug 31
Breeds May 1 to Sep 30
Breeds Sep 1 to Jul 31
Breeds May 20 to Sep 15
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Brown -headed Nuthatch Sitta pusilla
IPaC: Explore Location resources
Breeds Mar 1 to Jul 15
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Coastal (wayne s) Black -throated Green Warbler
Setophaga virens waynei
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Breeds Mar 15 to Aug 25
Breeds May 1 to Aug 15
4*W*&
4
Breeds May 1 to Aug 20 E
9A
Gull -billed Tern Gelochelidon nilotica Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9501
Lesser Yellowlegs Tringa flavipes A Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9679
Painted Bunting Passerina ciris Breeds Apr 25 to Aug 15
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
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Ruddy Turnstone Arenaria interpres morinella Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Swallow-tailed Kite Elanoides forficatus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8938
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Probability of Presence Summary
Breeds Mar 10 to Jun 30
Breeds Apr 20 to Aug 5
.n�
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:
1. 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.
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
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probability of presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
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 ( )
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.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week` 0
Survey Timeframe � .1�
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
Kestrelian �� +®+ 11+1
III I1 I I�
BCC -BCR
American�- 1+ l+--1 + ++++'+�+ �+�+
Oystercatcher u�r �.�� v �� Albimi
BCC Rangewide
(CON)
Bac an`'s + ++++
Sparrow 1111", =I--��
BCC Rangewide
(CON)
Bald Eagle
Non -BCC �111 IIII IIII IIII IIII I II III, IIII IIII IIII ''.I .1I
Vulnerable
Black Skimmer 11 1 1 Jill IIII Jill Jill I- 1 1 1 1 1, I I I I 1 1 1 1 I' l l 1 1- 1 - 1- 1
BCC Rangewide
(CON)
Brown -headed IIII 11�1 IIII IIII I11� I II II�� IIII IIII IIII ���I �� I
Nuthatch
BCC - BCR
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Chimney Swift I ++ ++++ ++++ I I I TT++ ++++ ++++ ++++ ++++ ++—++�+
BCC Rangewide
(CON)
Coastal ++++ ++++ ++++ ++'+ ++++ +.++ ++++ ++++ ++++ ++++ ++—+ —+—+
(wayne s)
Black -throated
Green Warbler
BCC - BCR
Eastern Whip- ++++ ++++ ++++ +++i +++4. +.++ ++4-4. ++++ ++++ ++++ ++—+ —+—+
poor -will
BCC Rangewide
(CON)
Gull -billed Tern ++++ ++++ ++++ +++''lll Jill'I ++++ ++++ ++ ++ ++�+ +�+
BCC Rangewide
(CON)
Lesser
++++ ++++ ++++ ++++ ++++ +—++ ++++ ++++ ++'+ +++ + +
Yellowlegs
BCC Rangewide
(CON)
Painted
Bunting 1+
—
BCC - BCR
SPECIES JAN FEB MAR APR MAY J JUL AUG SEP OCT NOV DEC
Prairie Warbler
BCC Rangewide ++++ ++++ ++++++ L +11+
(CON)
Prothonotary ++++ +++ +'++ ++++ +++ —+ ——+
Warbler '"I�"'� + 4-4--++
BCC Rangewide
(CON) Oq
Red-headed
Woodpecker
BCC Rangewide
(CON)
Ruddy ++++ ++++ ++++'+" 11" 4 1 + +++""' "'"+" +'—+ -+-+
Turnstone
BCC - BCR
Swallow-tailed ++++ ++++ ++++ ++++ ++A I I ++ ,+++ ++++ ++++ ++++ ++—+ —+—+
Kite
BCC Rangewide
(CON)
C BC '�+1 1++1 +111 1111 1111 1111 1111 1111 1111 1111 1111 11''
BCC Rangewide
(CON)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory
birds.
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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 (BCC), 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. _4P
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by
the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey., banding, and
citizen science datasets.
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
V�
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);
https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 15/18
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IPaC: Explore Location resources
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 Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur.
A ( N"
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.
https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 16/18
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Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands Inventory
(NWI) <1 P.00
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to
determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
FRESHWATER FORESTED/SHRUB WETLAND
PF04/1 Ad
A full description for each wetland code can be found at the National Wetlands Inventory_
website
https://ipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 17/18
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IPaC: Explore Location resources
NOTE: This initial screening does not replace an on -site delineation to determine whether
wetlands occur. Additional information on the NWI data is provided below.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis of
high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A
margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular
site may result in revision of the wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image
analysts, the amount and quality of the collateral data and the amount of ground truth verification work
conducted. Metadata should be consulted to determine the date of the source imagery used and any
mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There
may be occasional differences in polygon boundaries or classifications between the information depicted
on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions Irop, 01?44b
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or
products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
Persons intending to engage in activities involving modifications within or adjacent to wetland areas should
seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory
programs and proprietary jurisdictions that may affect such activities.
https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 18/18
■■ WithersRavenel
.. Our People. Your Success.
NCNHP PROJECT REVIEW LETTER
Roy Cooper, Governor
�■■EW INC DEPARTMENT CF
■■mom NATURAL AND CULTURAL RESOURCES
0 ■■■
December 1, 2023
Rick Trone
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE: Guy C. Lee Sneads Ferry; 23-0747
Dear Rick Trone:
D_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-24176
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecod--=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritageWdncr.nc.aov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
p 121 1N. JOr,4ES STREET. RALEIGH. NC 27603 * 16S1 HAIL SERvICE CENTf R, RALEIGH, rfr_ 27G9!)
OFC 919,707.9120 • FAX 919.707.9121
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■■ WithersRavenel
.. Our People. Your Success.
STATEMENT OF AVAILABILITY
FOR WETLAN D MITIGATION
4
WATER & LAND
SOLUTIONS
WLS Turtle Creek Mitigation Bank
Statement of Availability
December 20, 2023
NC DEQ DWR
Holly Snider
Wilmington Regional Office
Holly.Snider@deq.nc.gov
U.S. Army Corps of Engineers
Katherine Elks
Raleigh Regulatory Field Office
3331 Heritage Trade Center, Suite 105
Wake Forest, NC 27587
Re Project: Guy C. Lee (WR#23-0747)
This document confirms that Dawn Glover, (Applicant) for the Guy C. Lee Site (Project) has
expressed an interest to utilize 0.44 Riparian Wetland Mitigation Credits from the Water & Land
Solutions, LLC sponsored WLS Turtle Creek Mitigation Bank, specifically 0.44 wetland credits from
the Turtle Creek Mitigation Bank, in the White Oak HUC 03030001. As the official Bank Sponsor,
Water & Land Solutions, LLC, attests to the fact that mitigation is available for reservation at this time.
These mitigation credits are not considered secured, and consequently are eligible to be used for alternate
purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in
the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant
has fully secured credits from the bank and the Banker has accepted full responsibility for the
mitigation obligation requiring the credits/units.
The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of
the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate
and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the
permit number and the resource type secured by the applicant. A copy of the Mitigation Credit
Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies
showing the proper documentation.
If any questions need to be answered, please contact me at 352-874-7370
Best Regards,
Kae Hovater
Water & Land Solutions, LLC
7721 Six Forks Road, Suite 130
Raleigh, NC 27615
::WithersRavenel
Our People. Your Success.
I M PACT EXHIBITS
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