20241100 Ver 1_Project Narrative_07232024_20240807

CAMA Major Project Narrative
739 Cannonsgate Drive
Newport, Carteret County, NC
Prepared for("Applicants"):
John S. Kokinchak and John A. Williams
741 Cannonsgate Drive
Newport,NC 28570
Prepared by:
Dana Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington,NC 28571
Date:
23 July 2024
Page 1 of 60

1) Project Information:
Carteret Co. Parcel ID#: 630504842057000(see Attachment 1)
Project Location: 739 Cannonsgate Drive,Cannonsgate S.D. (see Attachment 2)
Project Size: 0.44. +/-AC(see Attachment 3)
Waterbody: Bogue Sound(see Attachment 4)
DWR Water Classification: SA;ORW(see Attachment 4)
3) Purpose and Need:
The purpose of this project is to construct a single family dwelling on the Applicants'property,within the existing
Cannonsgate Subdivision,which is within the Newport township, in Carteret County,NC.
4) Project Location and Site Conditions:
The proposed project site is a 40' wide by 470' long single family lot that is located within Cannonsgate S.D. and
is adjacent to Bogue Sound, an Outstanding Resource Waters (ORW), as classified by the NC Division of Water
Resources. ORW waters carry a 575'Area of Environmental Concern(AEC)and built upon area is limited to 25%
of the area within that AEC,and the project site is wholly within the AEC. Cannonsgate infrastructure was installed
in 2008, and building setbacks,within the subdivision, are limited to 20' off the front property line and 5' off the
sides. The rear setback does not come into play at this site, as it is within the 30' vegetated buffer, which is
measured landward from the normal high water line. Please see Attachment 3 for details of the project site.
The site is relatively flat,maintained grassy,yard within the first 65',where it transitions down grade approximately
5', into a Section 404 wetland. The wetland is mostly comprised of sapling shrub wetland species, such Morella
cerifera, Sabal minor, Liquidambar styraciflua and Pinus taeda. All mature trees are located outside the proposed
development area(see Attachment 5). The first 1/3 of the lot is within the AE8 Flood Zone,while the second 1/3
of the lot is within the AE9 Flood Zone, and the last 1/3 of the lot is within the Limit of Moderate Wave Action
(LiMWA)Flood Zone(see Attachment 6)
Cannonsgate roads and infrastructure were permitted without needing impacts to Section 404 wetlands, but the
subdivision did secure a CAMA Major Permit, as well as USACE and DWR authorizations, to construct the
marina, but that project is not considered as part of this project. A state stormwater permit, which regulates the
maximum built upon area (BUA) for each lot and in this case 3000 square feet, was issued for the subdivision
under SW#8050516.
5) Project Description:
This project is not within 40' of normal high water (NHW), but it is within the 575' ORW AEC and requires a
federal permit(i.e.,USACE Nationwide Permit 18)and state permit(i.e.,DWR 401 Water Quality Certification),
which are the required authorizations to permanently impact 0.04-acre of Section 404 wetlands that are adjacent
to tidal waters. The impact is necessary to facilitate the construction of a 54' x 29' , single family dwelling, with
minimal maintenance corridor,and approximately 115.5 LF of retaining wall.The wall has been incorporated into
the plan to provide protection against erosion and to minimize the permanent area of Section 404 wetland impact
needed as part of the project. Approximately 400 SF (0.009-acre) of Section 404 wetland impact is necessary to
construct the wall,which has not yet been designed. In total, 0.049-acre of Section 404 wetlands will be disturbed
with this project. Please see Attachment 3 for details of the proposed development). In total, approximately 5450
SF (0.125 AC) of land disturbance will take place with the project.
While the project requires de minimis(i.e.,less than 0.10-acre)loss of wetland functions,the Applicant is offering
compensatory mitigation, in the form of wetland restoration credit and at a 4:1 mitigation to impact ratio, from a
private mitigation bank or from the NC Division of Mitigation Services, whichever the USACE recommends.
Furthermore,the Applicant proposes to record a deed notification, at the Carteret County Register of Deeds, that
will identify the remaining Section 404 wetlands within the project site and provide information on the limitations
Page 2 of 60

of development within the wetlands, without US Army Corps of Engineers', NC Division of Water Resources'
and NC Division of Coastal Management's approval(see Attachment 7).
Built upon area (BUA) will cover 3000 square feet or 16% of the property. Stormwater generated by the
development will be directed toward the street, where it will be collected and conveyed to the stormwater pond,
where it will be treated prior to discharging into adjacent surface waters. The project does not require a Sediment
and Erosion Control Permit, since the proposed work will not disturb more than 1 acre, but silt fence and other
best management practices will be employed,to ensure discharges of sediment, outside the limits of disturbance,
does not take place during the construction process. Heavy equipment, such as a backhoe, front end loader, and
dump truck,will be used to complete the earth work. The machinery will be stored in uplands when not in use.
The proposed development is to take place within the AE8 Flood zone,but no work is proposed within the LiMWA.
The structure will be built so as to provide at least 2'of freeboard between the base flood elevation and any heated
floor space and break away walls or vents will be utilized on the bottom floor.
6) Construction Methodology and Materials:
Construction will begin by removing all woody, shrub and herbaceous vegetation from the proposed 5450 SF
limits of disturbance area. The retaining wall will then be installed,and the area backfilled with clean earthen soil,
in order to bring the building area up to the desired grade and contour. The dwelling will be a pile supported
structure and built using conventional building materials and methods. Concrete will be used in the driveway and
the slab under the dwelling.
7) Avoidance and Minimization:
Prior to designing the project, the Applicant evaluated crossing the wetland with a driveway and positioning the
dwelling within the uplands on the west side of the lot. However, this would require more than twice as much
wetland impact than what is being proposed with this proposal (i.e., 0.04-acre). Additionally, the applicant
incorporated a retaining wall around the proposed fill within wetlands, to ensure erosion is not an issue and to
reduce the amount of wetland impact required when sloping the fill. Lastly,the Applicant limited the fill around
the dwelling to only that needed for the retaining wall anchors(i.e., dead men) and a maintenance corridor.
8) Threatened and Endangered Species:
All of the proposed work will take place above the NHW line. According to the US Fish and Wildlife Service
(FWS)Official Threatened and Endangered(T&E)Species List(see Attachment 8),there are several species found
within Carteret County. However, the project site does not exhibit habitat needed to support the listed species,
specifically the Northern Long-eared Bat(NLEB)and Red Cockaded Woodpecker(RCW).As part of the USFWS
Information for Planning and Consulting, SEGi completed the NLEB evaluation and received a consistency
determination (see Attachment 9) and the RCW SLOPES evaluation form (see Attachment 10) to support the
findings. Lastly,there is no critical habitat(CH)mapped in this area, and the project will not affect essential fish
habitat(EFH), as no work is to take place below NHW. Thus, SEGi has determined that the proposed project will
not adversely affect T&E,EFH and/or CH.
7) Adjacent Riparian Property Owner Notifications:
In accordance with 15A NCAC 07J.0204(b)(5),the appropriate adjacent riparian property owners(i.e.,Mr.Butch
Howard and Mr. Nikolaos Gilantzis — see Attachment 11) have been notified via certified return mail. The
notification included the site plan and a description of the proposed development. Please see Attachment 11, for
copies of the certified letters and the certified mail receipts.
8) Summary:
In summary,John S.Kokinchak and John A.Williams are seeking authorization,in the form of a NC DCM CAMA
Major Permit, as well as a USACE NWP 18 and NC DWR WQC #4249,to perform new work within the ORW
Page 3 of 60

575'AEC and within Section 404 wetlands,at 739 Cannonsgate Drive,within the Newport Township,in Carteret
County,North Carolina. It is SEGi's and the Applicants'belief that the proposed work is consistent with the rules
governing development within the ORW 575' AEC,as well as those rules governing work under the Clean Water
Act.
Page 4 of 60

Table of Attachments
Number Description Page
1 Carteret County GIS Aerial Photo,Parcel Information and Deed 6
2 Vicinity Map 7
3 737 Cannonsgate Drive Site Plan&Wetland Impact Map 8
4 DWR Water Classification Map 9
5 Jurisdictional Determination Supporting Information 10
6 Carteret County GIS Flood Map 11
7 Draft Deed Notification 12
8 USFWS Official Species List 13
9 USFWS Northern Long-eared Bat Consistency Letter 14
10 Red Cockaded Woodpecker SLOPES Form 15
11 Adjacent Riparian Property Owner Notifications and Certified Mail Receipts 16
Page 5 of 60

Attachment I
Carteret County GIS 2023 Aerial Photo,
Parcel Information &Deed
k Road Map Terrain P
,r
7 \
Page 6 of 60

Tax Parcel Information: C a r t e r e t County , N . C . o,Q
Owner: KOKINCHAK,JOHN S ETAL WILLIAMS R 1
Current PIN: 630504842057000
369 f.'i; •�'
Site Address:
739 CANNONSGATE DR �`• `t �'� !}f� ��`'
NEW PORT
Mailing Address: 446
741 CANNONSGATE DRIVES !' ` 3a2 r 4�7`1'`•, \
NEWPORTNC2857o i'J �` 375.�=
Legal Description: ,\ '1 377 ,� 451
LOT 459 PHASE 1 CANNONSGATE
Prior PIN: -�f,
3�3'376"' 156--
City Limits: �381 ,ij �_7 ` �• `' `�ti �• �t /;i
Rescue District: BR/GALES CK RESCUE
Fire District: BROAD/GALES CK FIRE ~ 303'r
Tax District: 1015
Township: WHITE OAK /
Use: VACANT �'
NBHD: 150077 j=� -� �� .�, ,`.,� '•� •-� '•� f
Land Value: $91,9o8 388
Bldg Htd Sq Ft: '� • rJP � , ``�
Bldg Value: $o 389 f r/' 1
Base Area Sq Ft: p
Other Value: $o
Year Built: 391;�'
Total Value: 1 o8 Noise Level: `�� 1, / f
$9 ,9 392: � 7.: 469
-
Sale Price: $93,
000 AICUZ Zone: �?'A
X.
Taxed Acres: 0.438 GIS Acres: 0.439
Plat Ref: 30 /780 Roll Type: R
W E
Deed Ref: 1821 / 329 Deed Date: 20240307 S - .r
Printed April 8,2024
Bedrooms: Bathrooms: 1 in=187 ft -
The information displayed by this website is prepared for th e n ventory of rea I property f ou nd within this jurisdiction and is corn pil ed from re corde d d ee ds,plats,and other public records and data.Users of this information are hereby notified that the aforementioned pu blic p rimary
information sources should be consulted for verification of the information contained on this site.Carteret County assumes no legal responsibility for the information contained on this site. Carteret County does not guarantee that the data and map services will be available to users
without interruption or error.Furthermore,Carteret County may modify or remove map services and access methods at will.
Page 7 of 60

FOR REGISTRATION REGISTER OF DEEDS
Karen S. Hardesty
Carteret County, INC
March 7, 2024 9.16.28 AM
DEED # Pages: 3
Fee:$26.00 NC Revenue Stamp.$186.00
FILE# 1821329
Return To: Jason M. Blackburn
Parcel ID Number: 630504842057000 REVENUE; $186.00
Prepared By: Jason M. Blackburn
Attorney at Law
112 S.John Street
Goldsboro, NC 27530
NORTH CAROLINA
CARTERET COUNTY
GENERAL WARRANTY DEED
THIS GENERAL WARRANTY DEED, is made this the day of
'ter , 2024, by and between:
GRANTORS: Stacy Gardner Johnson, Trustee under the Stacy Gardner
Johnson Revocable Trust dated December 18, 2019 and Linda Carol Johnson,
Trustee under the Linda Carol Johnson Revocable Trust dated December 18,
2019 of 119 Running Deer Lane, Princeton, NC 27569 (hereinafter referred to in the
neuter singular).
GRANTEES: John S. Kokinchak and John A. Williams, as Tenants in
Common, of 741 Cannonsgate Drive, Newport, NC 28570 (hereinafter referred to in the
neuter singular)
Grantors, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey
unto the Grantee in fee simple, all that certain lot or parcel of land situated in Carteret
County, North Carolina and more particularly described as follows:
No title search was perfonned in the preparation of this deed and no title opinion is rendered by the attorney
preparing this deed unless provided in a separate document.
submitted electronically by "Jason Blackburn"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Carteret county Register of Deeds.
Page 8 of 60

1821329
BEING all of Lot 459, Phase I, Cannonsgate at Bogue Sound Subdivision, as
shown on Plats recorded in Map Book 30, Pages 780-790, Carteret County
Registry. Being the same property conveyed by deed recorded in Instrument
1658151 of the Carteret County Registry.
This conveyance is made subject to any restrictions, easements, rights
of ways or other restrictions of record.
GRANTEE shall have and hold the above land all its privileges and appurtenances
in fee simple.
GRANTOR covenants with the GRANTEE that the Grantor is seized of the premises
in fee simple and has the right to convey the same in fee simple, that title is marketable
and free and clear of all encumbrances, and that the Grantor will warrant and defend the
title against the lawful claims of all persons whomsoever, except for the exceptions herein
stated.
IN TESTIMONY WHEREOF, GRANTOR has set its hands and seals, the day and year
first above written.
Grantors hereby state that this was or was not_X_a primary residence of a Grantor.
(SEAL)
Staq&ardner Anson,, Trustee under the
Stacy Gardner Johnson Revocable Trust
Dated December 18, 2019
State of North Carolina
County of
I, a y a Notary Public for said State and County do
hereby certify that Lacy G rdner Johnson, Trustee under the Stacy Gardner
Johnson Revocable Trust dated December 18, 2019 personally appeared before
me this day and acknowledged the due execution of the fore oing document.
Witness my.,,haAd p i official seal, this the day of Wla-rck 2024.
0
A't
NOTARY s, NO B C
pL FLIC cj
Printed nam _ f not ub is
V `` My Commission Expires; i
No tale search was performed
' p ed in the preparation of this deed and no title opinion is rendered by the attorney
preparing this deed unless provided in a separate document.
Page 9 of 60

1821329
t (SEAL)
Linda Carol Johnson ru a under the
Linda Carol Johnson Revocable Trust
Dated December 18, 2019
State of No h Carolina
County of e-
I, w , a Notary Public for said State and County do
hereby certify that linda"Caiol Johnson, Trustee under the Linda Carol Johnson
Revocable Trust dated December 18, 2019 personally appeared before me this day
and acknowledged the due execution of the foregoing document.
Witness my ha� f jcjal seal, this the day of , 2024,
lot
{ 0 � NOTARY P IC.
U���� Printed namibf note ublic
y My Commission Expires:
Cps N`S�`:•.••
No title search was performed in the preparation of this deed and no title opinion is rendered by the attorney
preparing this deed unless provided in a separate document.
Page 10 of 60

Attachment 2
Vicinity Map
<°0
Peletier O
Morehead-City' Beaufort
Bogue Pine Knoll Atlantic Beach
nsboro Cape Carteret U Shores
E erald Isle
O
D
0
v
�o
Goodbye P\y
u
ti
o�
0a
Page 11 of 60

Attachment 3
739 Cannonsgate Dr. Site Plan
Wetland Impact Map
Page 12 of 60

CONTROL CURVE TABLE THIS PROPERTY IS COCA IFD IN ZONE Af AND IS O U a
CORNER I CURVE LENGTH RADIUS TANGENT CHORD BEARING DELTA A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY SCALING 2�
N = 354,289.93' + Cl 40.28 880.00 20.14 40.28 S42 53'13"W 23721" AND GRAPHIC PLOTTING FROM FLOOD INSURANCE RATE MAP gg
NUMBER.• 3720630500J EFFECTIVE DATE.• 7-16-2003 9
E = 2,608,157.0� �( /<O C2 40.08 880.00 20.04 40.07 N4030 00'E 236 34" �
LOT 459 SHOWN HEREON IS
ECT
01 �PREUM/NARY PLAT LOCATEDJWIIH/N THE DCMS 5 5' ORW AEC. R CO)4 MDT MR RECO IM o
�0 GaVNEYANM CR SUES a
W AM M4U MDT BE Cow
A CERIAFED DOCUMM VICINITY MAP
\O� \ TEMPORARY WETLAND IMPACT AREA - CONSTRUCTION EASEMENT
PROPOSED AREA OF FILL \
EIP �o �, \ (5 OFF THE BACK OF WALL)
r Al INSIDE WETLANDS
ACREAGE DATA THE TEMPORARY IMPACT AREA WILL BE RESTORED TO ITS 739 CANNONSGATE DRIVE
APPROX.°'SMSFA \ ORIGINAL GRADE AND CONTOUR, REMOVING ANY FOREIGN NEWPORT, NC 28570
0.04 AC. f
EIP o �s 8 1,952 Sq Ft \ MA TER/AL, AND ALLOWED TO REVEGETA TE NA TURALL Y.
P-EMIT I0)Z4NrlNG
h000s �, 456 FOR
Fps R Fo�� \` gti2o JOIIN A. NrILL1.4AS & JOHY S. A'O IXHAlf
\ FTL4W ,�. '2 T9j��o� 2scq� 457\ \ LOT M-Y, PflASA'4 CANNONSCATF- PlNll 630604842067000
` y/2c�v a pB� #rh'ITL' OAff TONWSHIP 4PRIL 18, 2024'
CARTL'RL'T COUNTY ArORTh'CAROUM4
nE INTO " ���. `S ''Io 60 30 0 60'
EXWALL G �?�s:. /��. 459 458 0 �'y���i�o \ ���=6 0 1_0»
•� 2s�st� o�-9 os' liTc'S'
� \\ 6'sty�9ss
?� aPPaoxs4o roNNw
k�o�y \ ?i 8• ® 54 ® ,2 w f
N COMBINED SCALE FACTOR = 0.9999286
ALL DISTANCES ARE HORIZONTAL pp s y��. ¢o•, OJyI I,p/�qi�i ` ®
GROUND MEASUREMENTS IN FEET J l �/-
? AND DECIMALS THEREOF UNLESS 6�9 �4 \ 6�p / „• g
0 07HERW/SE N07FD. .p O,S. ��� . . . . . . . . `SOg^ A y — a
� / ¢ y �J � 2'TEMP IMPACT
g CONST 2 BUFFER
Ci \ S V . . . . .BUA CALCS \ �� DRAINAGE a
`- Q PROPOSED ADE
PROPOSED BUA-3000 SF •oi O� oT '1' � �AREA WITHIN AEC-19,166 SF ti �'�y -ve Ex,STING GRADE
PERCENTBUA WITH/NAEC-16% 6�0�0� \
SOURCE OF ATZE ACREAGE DATA \\ 1f�
�vsf�� 1 ,?16.. `\�O A1� -125 DEADMAN AINING WALL W/�A2
DB 1649, P 225 0.44 C. �00050V NOT TO SCALE
BY COMPUTER \\ j ��` p0''L 0
LEGEND ATLANTIC SUI?VL'YING, P. A.
EIP = EXISTING IRON PIPE ���/��'` FIRff LICZrNST M..• C - 1412
ElS = EXISTING IRON STAKE h �`0 »> SOUTH QUL'L'N STRL'L'T DRAWN BY : F.W.D.
O = NO POINT SET OWNER,° ✓OHN A. LIAMS & ✓OHN S. KOKINCHAK `\ `�� ��� AMSTON, NC 28501 SCALE : 1" = 60'
MBL = RIGHT OF WAY WK741 CANNONSGATE DRIVE e+o PIIONT BL = MINIMUM BUILDING LINE Q [phone] PRO✓. NO. 23026
NEWPORT, NC 28570 PQ FAX. r 252J 522-0139
DATE : 4-18-2024
Page 13 of 60

Attachment 4
DWR Water Classification Map
QZoom to
Surface Water Classifications: ^ X
Stream Index: 20-36-6
'4 Stream Name: Sanders Creek
Description: From source to Bogue
`c�Ly Sound
ma
~o Classification: SA:ORW
Date of Class.: December 31,1989
What does this Class.mean? View
° River Basin: White Oak
,r
a �+
t
Page 14 of 60

Attachments 5
Jurisdictional Determination Supporting Information
Page 15 of 60

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: 739 Cannonsgate Dr City/County: Newport,Carteret Sampling Date: 03/05/2024
Applicant/Owner: John Kokinchak State: NC Sampling Point: DP-1 Wet
Investigator(s): Noah Dean,SEGi Section,Township, Range: NA
Landform(hillside,terrace,etc.): Depression Local relief(concave,convex,none): Concave Slope(%): 0
Subregion(LRR or MLRA): LRR T,MLRA 153A Lat: N 34.706243 Long:W 76.976115 Datum: NAD83
Soil Map Unit Name: Arapahoe NWI classification: PSS1Cd
Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.)
Are Vegetation 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 Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
c
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(68)
X High Water Table(A2) _Marl Deposits(1315)(LRR U) —Drainage Patterns(1310)
X Saturation(A3) _Hydrogen Sulfide Odor(C1) _Moss Trim Lines(B16)
—Water Marks(61) —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 X No Depth(inches): 12
Saturation Present? Yes X No Depth(inches): 4 Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data(stream gauge,monitoring well,aerial photos,previous inspections), if available:
Remarks:
ENG FORM 6116-2-SG,JUL 2018 Atlantic and Gulf Coastal Plain—Version 2.0
Page 16 of 60

VEGETATION (Five Strata) — Use scientific names of plants. sampling Point: DP-1 Wet
Absolute Dominant Indicator
Tree Stratum (Plot size: ) %Cover Species? Status Dominance Test worksheet:
1 Number of Dominant Species
2. That Are OBL, FACW,or FAC: (A)
3. Total Number of Dominant
4. Species Across All Strata: (B)
5. Percent of Dominant Species
6. That Are OBL, FACW,or FAC: (A/B)
=Total Cover Prevalence Index worksheet:
50%of total cover: 20%of total cover: Total%Cover of: Multiply by:
Sapling Stratum (Plot size: ) OBL species x 1 =
1. FACW species x 2=
2. FAC species x 3=
3. FACU species x 4=
4. UPL species x 5=
5. Column Totals: (A) (B)
6. Prevalence Index =B/A=
=Total Cover Hydrophytic Vegetation Indicators:
50%of total cover: 20%of total cover: _1 -Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: ) 2-Dominance Test is>50%
1. _3-Prevalence Index is:53.0'
2. —Problematic Hydrophytic Vegetation' (Explain)
3.
4.
5. Indicators of hydric soil and wetland hydrology must
6. be present,unless disturbed or problematic.
=Total Cover Definitions of Five Vegetation Strata:
50%of total cover: 20%of total cover: Tree—Woody plants,excluding woody vines,
Herb Stratum (Plot size: ) approximately 20 ft(6 m)or more in height and 3 in.
1 (7.6 cm)or larger in diameter at breast height(DBH).
2. Sapling—Woody plants,excluding woody vines,
3, approximately 20 ft(6 m)or more in height and less
4 than 3 in. (7.6 cm)DBH.
5. Shrub-Woody Plants,excluding woody vines,
g approximately 3 to 20 ft(1 to 6 m)in height.
7• Herb—All herbaceous(non-woody)plants,including
8. herbaceous vines, regardless of size,and woody
g plants,except woody vines, less than approximately 3
10. ft(1 m)in height.
11. Woody Vine—All woody vines, regardless of height.
=Total Cover
50%of total cover: 20%of total cover:
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5' Hydrophytic
=Total Cover Vegetation
50%of total cover: 20%of total cover: Present? Yes No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG,JUL 2018 Atlantic and Gulf Coastal Plain—Version 2.0
Page 17 of 60

VEGETATION (Four Strata) - Use scientific names of plants. sampling Point: DP-1 Wet
Absolute Dominant Indicator
Tree Stratum (Plot size: 30 ft ) %Cover Species? Status Dominance Test worksheet:
1 Number of Dominant Species
2. That Are OBL, FACW,or FAC: 4 (A)
3. Total Number of Dominant
4. Species Across All Strata: 4 (B)
5. Percent of Dominant Species
6. That Are OBL, FACW,or FAC: 100.0% (A/B)
7. Prevalence Index worksheet:
8. Total%Cover of: Multiply by:
=Total Cover OBL species 0 x 1 = 0
50%of total cover: 20%of total cover: FACW species 30 x 2= 60
Sapling/Shrub Stratum (Plot size: 30 ft ) FAC species 120 x 3= 360
1. Morella cerifera 60 Yes FAC FACU species 0 x 4= 0
2. Sabal minor 30 Yes FACW UPL species 0 x 5= 0
3. Liquidambarstyraciflua 30 Yes FAC Column Totals: 150 (A) 420 (B)
4. Pinus taeda 20 No FAC Prevalence Index =B/A= 2.80
5. Hydrophytic Vegetation Indicators:
6. _1 -Rapid Test for Hydrophytic Vegetation
7. X 2-Dominance Test is>50%
8. X 3-Prevalence Index is:53.0'
140 =Total Cover _Problematic Hydrophytic Vegetation' (Explain)
50%of total cover: 70 20%of total cover: 28
Herb Stratum (Plot size: )
1 'Indicators of hydric soil and wetland hydrology must
2. be present,unless disturbed or problematic.
3. Definitions of Four Vegetation Strata:
4. Tree-Woody plants,excluding vines,3 in. (7.6 cm)or
5. more in diameter at breast height(DBH), regardless of
6 height.
7.
Sapling/Shrub-Woody plants,excluding vines, less
8. than 3 in. DBH and greater than 3.28 ft(1 m)tall.
9.
10.
Herb-All herbaceous(non-woody)plants, regardless
11. of size,and woody plants less than 3.28 ft tall.
12.
=Total Cover Woody Vine-All woody vines greater than 3.28 ft in
50%of total cover: 20%of total cover: height.
Woody Vine Stratum (Plot size: 30 ft )
1. Vitis rotundifolia 10 Yes FAC
2.
3.
4.
5' Hydrophytic
10 =Total Cover Vegetation
50%of total cover: 5 20%of total cover: 2 Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG,JUL 2018 Atlantic and Gulf Coastal Plain-Version 2.0
Page 18 of 60

SOIL Sampling Point: DP-1 Wet
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
0-18 10YR 2/1 Mucky Sand
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)
X 5 cm 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 X No
Remarks:
ENG FORM 6116-2-SG,JUL 2018 Atlantic and Gulf Coastal Plain—Version 2.0
Page 19 of 60

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: 739 Cannonsgate Dr City/County: Newport,Carteret Sampling Date: 03/05/2024
Applicant/Owner: John Kokinchak State: NC Sampling Point: DP-2 Up
Investigator(s): Noah Dean,SEGi Section,Township, Range: NA
Landform(hillside,terrace,etc.): Hillside Local relief(concave,convex,none): Concave Slope(%): 10
Subregion(LRR or MLRA): LRR T,MLRA 153A Lat: N 34.706296 Long:W 76.976240 Datum: NAD83
Soil Map Unit Name: Wando 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 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 No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
c
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(68)
—High Water Table(A2) _Marl Deposits(1315)(LRR U) —Drainage Patterns(1310)
—Saturation(A3) —Hydrogen Sulfide Odor(C1) _Moss Trim Lines(B16)
—Water Marks(61) —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:
ENG FORM 6116-2-SG,JUL 2018 Atlantic and Gulf Coastal Plain—Version 2.0
Page 20 of 60

VEGETATION (Five Strata) — Use scientific names of plants. sampling Point: DP-2 Up
Absolute Dominant Indicator
Tree Stratum (Plot size: ) %Cover Species? Status Dominance Test worksheet:
1 Number of Dominant Species
2. That Are OBL, FACW,or FAC: (A)
3. Total Number of Dominant
4. Species Across All Strata: (B)
5. Percent of Dominant Species
6. That Are OBL, FACW,or FAC: (A/B)
=Total Cover Prevalence Index worksheet:
50%of total cover: 20%of total cover: Total%Cover of: Multiply by:
Sapling Stratum (Plot size: ) OBL species x 1 =
1. FACW species x 2=
2. FAC species x 3=
3. FACU species x 4=
4. UPL species x 5=
5. Column Totals: (A) (B)
6. Prevalence Index =B/A=
=Total Cover Hydrophytic Vegetation Indicators:
50%of total cover: 20%of total cover: _1 -Rapid Test for Hydrophytic Vegetation
Shrub Stratum (Plot size: ) 2-Dominance Test is>50%
1. _3-Prevalence Index is:53.0'
2. —Problematic Hydrophytic Vegetation' (Explain)
3.
4.
5. Indicators of hydric soil and wetland hydrology must
6. be present,unless disturbed or problematic.
=Total Cover Definitions of Five Vegetation Strata:
50%of total cover: 20%of total cover: Tree—Woody plants,excluding woody vines,
Herb Stratum (Plot size: ) approximately 20 ft(6 m)or more in height and 3 in.
1 (7.6 cm)or larger in diameter at breast height(DBH).
2. Sapling—Woody plants,excluding woody vines,
3, approximately 20 ft(6 m)or more in height and less
4 than 3 in. (7.6 cm)DBH.
5. Shrub-Woody Plants,excluding woody vines,
g approximately 3 to 20 ft(1 to 6 m)in height.
7• Herb—All herbaceous(non-woody)plants,including
8. herbaceous vines, regardless of size,and woody
g plants,except woody vines, less than approximately 3
10. ft(1 m)in height.
11. Woody Vine—All woody vines, regardless of height.
=Total Cover
50%of total cover: 20%of total cover:
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5' Hydrophytic
=Total Cover Vegetation
50%of total cover: 20%of total cover: Present? Yes No X
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG,JUL 2018 Atlantic and Gulf Coastal Plain—Version 2.0
Page 21 of 60

VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-2 Up
Absolute Dominant Indicator
Tree Stratum (Plot size: 30 ft ) %Cover Species? Status Dominance Test worksheet:
1 Number of Dominant Species
2. That Are OBL, FACW,or FAC: (A)
3. Total Number of Dominant
4. Species Across All Strata: (B)
5. Percent of Dominant Species
6. That Are OBL, FACW,or FAC: (A/B)
7. Prevalence Index worksheet:
8. Total%Cover of: Multiply by:
=Total Cover OBL species x 1 =
50%of total cover: 20%of total cover: FACW species x 2=
Sapling/Shrub Stratum (Plot size: 30 ft ) FAC species x 3=
1. FACU species x 4=
2. UPL species x 5=
3. Column Totals: (A) (B)
4. Prevalence Index =B/A=
5. Hydrophytic Vegetation Indicators:
6. _1 -Rapid Test for Hydrophytic Vegetation
7. 2-Dominance Test is>50%
8. _3-Prevalence Index is:53.0'
=Total Cover -Problematic Hydrophytic Vegetation' (Explain)
50%of total cover: 20%of total cover:
Herb Stratum (Plot size: )
1 'Indicators of hydric soil and wetland hydrology must
2. be present,unless disturbed or problematic.
3. Definitions of Four Vegetation Strata:
4. Tree-Woody plants,excluding vines,3 in. (7.6 cm)or
5. more in diameter at breast height(DBH), regardless of
6 height.
7.
Sapling/Shrub-Woody plants,excluding vines, less
8. than 3 in. DBH and greater than 3.28 ft(1 m)tall.
9.
10.
Herb-All herbaceous(non-woody)plants, regardless
11. of size,and woody plants less than 3.28 ft tall.
12.
=Total Cover Woody Vine-All woody vines greater than 3.28 ft in
50%of total cover: 20%of total cover: height.
Woody Vine Stratum (Plot size: 30 ft )
1.
2.
3.
4.
5' Hydrophytic
=Total Cover Vegetation
50%of total cover: 20%of total cover: Present? Yes No X
Remarks: (If observed, list morphological adaptations below.)
Area is a sodded lot
ENG FORM 6116-2-SG,JUL 2018 Atlantic and Gulf Coastal Plain-Version 2.0
Page 22 of 60

SOIL Sampling Point: DP-2 Up
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 —LoC2 Texture Remarks
0-10 10YR 5/4 Sandy
10-18 10YR 4/2 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 15313,153D) —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)
_5 cm 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:
ENG FORM 6116-2-SG,JUL 2018 Atlantic and Gulf Coastal Plain—Version 2.0
Page 23 of 60

DP-2I
P I
D Wet
s
W
Potential Wetland Waters of the US
Property Line
d Data Point ,_
ti..
25 ft 75 ft 12S ft •�'
Map Source:2020 NC Statewide Orthoimagery Field Sketch of Wetlands N •
All lines are approximate and should be used for 739 Cannonsgate Dr SEC71
planning purposes only. Newport, Carteret Co., N.C.
Page 24 of 60 04/04/2024 024-044.01 EMEMMEEM,

Potential Wetland Waters of the US
Property Line
25 ft 75 ft 125 ft
Map Source:2014 QL2 LOAR Dem UDAR Map N •
All lines are approximate and should be used for 739 Cannonsgate Dr G
'
planning purposes only. Newport, Carteret Co., N.C. ISE
Page 25 of 60 04/04/2024 024-044.01 mmm=

o
a•
Wet
1
Potential Wetland Waters of the US
Property Line
d Data Point
t.
25 ft 7�ft 12�ft =
Map Source:2020 NC Statewide Orthoimagery Soils Map N
Web Soil Survey:SSURGO Data 739 Cannonsgate Dr ISE
G
'
All lines are approximate and should be used for Newport, Carteret Co., N.C.
FOan 2 Purses
rsesonly. 04/04/2024024-044.01

s
i r
Z r
Potential Wetland Waters of the US
Property Line
0 IT 100 ft 200 ft 300 ft
Map Source:USA Topo Maps Topo Map N •
All lines are approximate and should be used for 739 Cannonsgate Dr ISE
G
'
planning purposes only. Newport, Carteret Co., N.C.
Page 27 of 60 04/04/2024 024-044.01

Attachment 6
Carteret County GIS Flood Map
Approx. L k ..
iMWA Line
-,z
-41
AE8/AE9 Line
a �' V E 10
r
i�
i
i
Page 28 of 60

Attachment 7
Draft Deed Notification
Page 29 of 60

Date:
COMPLIANCE WITH WETLAND AND BUFFER REGULATIONS
In accordance with Title 15 A NCAC 2H .0500, the following DEED NOTIFICATION shall be recorded prior
to the any impacts to wetlands or streams located within the property boundaries. Said Deed Notification
shall apply to the property identified by Carteret County as Lot 459 Cannonsgate S.D. or 739 Cannonsgate
Drive and as described in Map Bk 30 Pqs. 780-790.
A portion of this lot has been determined to meet the requirements for designation as a wetland, stream, or
protected buffer. Any subsequent fill or alteration of this area shall conform to the requirements of the state
rules adopted by the State of North Carolina in force at the time of the proposed alteration. The intent of this
provision is to prevent additional wetland, stream, or buffer filling or draining, so the property owner shall not
assume that a future application for filling or draining would be approved. This covenant is intended to ensure
continued compliance with all rules adopted by the State of North Carolina and therefore the State of North
Carolina may enforce benefits. This covenant is to run with the land and shall be binding on all Parties or all
persons claiming under them.
Signature:
Owner's Name:
Address:
City, State, Zip:
Phone Number:
Page 30 of 60

Attachment 8
US FWS Official Species List
Page 31 of 60

taEH�CF Ty 17
Q PP F.yT riwAV4M ru'i r•
a United States Department of the Interior 4' ',
!, FISH AND WILDLIFE SERVICE
=RCH 3 "s Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh,NC 27607
Phone: [phone] Fax: [phone]
In Reply Refer To: 07/23/2024 20:38:08 UTC
Project Code: 2024-0082424
Project Name: 735 and 739 Cannonsgate Dr.
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 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 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
Page 32 of 60

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:
https://www.fws.gov/sites/default/files/documents/endangered-species-consultation-
handbook.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/program/migratory-bird-permit/what-
we-do.
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/library/collections/threats-birds.
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/partner/council-conservation-
migratory-birds.
Page 33 of 60

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
■ USFWS National Wildlife Refuges and Fish Hatcheries
■ Bald & Golden Eagles
■ Migratory Birds
■ Marine Mammals
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
3916 Sunset Ridge Rd
Raleigh, NC 27607
[phone]
Page 34 of 60

PROJECT SUMMARY
Project Code: 2024-0082424
Project Name: 735 and 739 Cannonsgate Dr.
Project Type: Residential Construction
Project Description: Single family dwellings on two lots, adjacent to Bogue Sound, in
Newport, NC. The upland portion of the project is maintained grass, while
the wetlands, specifically Estuarine Woody Wetlands, make up the
remainder of the project area. The wetlands are regularly bush hogged,
thus woody vegetation is kept under control. The dwellings will be
constructed as soon as all necessary permits are secured, which is
anticipated to be within the next 6 months.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/034.706111500000006,-76.97564473868593,14z
µ,enhW
v
i
i`•
h
.`F
Counties: Carteret County, North Carolina
Page 35 of 60

ENDANGERED SPECIES ACT SPECIES
There is a total of 13 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
Fisheries1, 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.
Page 36 of 60

MAMMALS
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile:https:Hecos.fws.gov/ecp/species/10515
West Indian Manatee Trichechus manatus Threatened
There is final critical habitat for this species.Your location does not overlap the critical habitat.
This species is also protected by the Marine Mammal Protection Act,and may have additional
consultation requirements.
Species profile:https:Hecos.fws.gov/ecp/species/4469
BIRDS
NAME STATUS
Eastern Black Rail Laterallus jamaicensis ssp.jamaicensis Threatened
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/10477
Piping Plover Charadrius melodus Threatened
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.Your location does not overlap the critical habitat.
Species profile:https:Hecos.fws.gov/ecp/species/6039
Red-cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/7614
Rufa Red Knot Calidris canutus ru fa Threatened
There is proposed critical habitat for this species.
Species profile:https:Hecos.fws.gov/ecp/species/1864
REPTILES
NAME STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile:https:Hecos.fws.gov/ecp/species/776 (Threatened)
Green Sea Turtle Chelonia mydas Threatened
Population:North Atlantic DPS
There is proposed critical habitat for this species.Your location does not overlap the critical
habitat.
Species profile:https:Hecos.fws.gov/ecp/species/6199
Page 37 of 60

NAME STATUS
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
There is proposed critical habitat for this species.
Species profile:https:Hecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
There is final critical habitat for this species.Your location does not overlap the critical habitat.
Species profile:https:Hecos.fws.gov/ecp/species/1493
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/2747
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act1 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
Page 38 of 60

implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treaty Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Acti 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 in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Migratory Birds Treaty 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)
THERE ARE NO FWS MIGRATORY BIRDS OF CONCERN WITHIN THE VICINITY OF YOUR PROJECT
AREA.
MARINE MAMMALS
Marine mammals are protected under the Marine Mammal Protection Act. Some are also
protected under the Endangered Species Act!and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears,
manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins,
and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on
this list; for additional information on those species please visit the Marine Mammals page of the
NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take of marine mammals and further
coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife
Service Field Office shown.
Page 39 of 60

1. The Endangered Species Act (ESA) of 1973.
2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) is a treaty to ensure that international trade in plants and animals does not
threaten their survival in the wild.
3. 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.
NAME
West Indian Manatee Trichechus manatus
Species profile:https:Hecos.fws.gov/ecp/species/4469
Page 40 of 60

IPAC USER CONTACT INFORMATION
Agency: Private Entity
Name: Dana Lutheran
Address: 5315 South College Road
Address Line 2: Suite E
City: Wilmington
State: NC
Zip: 28412
Email [e-mail]
Phone: [phone]
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Liz Haire
Email: [e-mail]
Page 41 of 60

Attachment 9
US FWS Northern Long-eared Bat Consistency Letter
Page 42 of 60

taEH�CF Ty 17
Q PP F.yT riwAV4M ru'i r•
a United States Department of the Interior 4' ',
!, FISH AND WILDLIFE SERVICE
=RCH 3 "s Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh,NC 27607
Phone: [phone] Fax: [phone]
In Reply Refer To: 07/23/2024 21:04:20 UTC
Project code: 2024-0082424
Project Name: 735 and 739 Cannonsgate Dr.
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Record of project representative's no effect determination for'735 and 739
Cannonsgate Dr.'
Dear Dana Lutheran:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on July 23, 2024, for '735
and 739 Cannonsgate Dr.' (here forward, Project). This project has been assigned Project Code
2024-0082424 and all future correspondence should clearly reference this number. Please
carefully review this letter.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species'determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis.All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key(Dkey), invalidates this letter.Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
Determination for the Northern Long-Eared Bat
Based upon your IPaC submission and a standing analysis, your project has reached the
determination of "No Effect" on the northern long-eared bat. To make a no effect determination,
the full scope of the proposed project implementation (action) should not have any effects (either
positive or negative), to a federally listed species or designated critical habitat. Effects of the
action are all consequences to listed species or critical habitat that are caused by the proposed
Page 43 of 60

action, including the consequences of other activities that are caused by the proposed action.A
consequence is caused by the proposed action if it would not occur but for the proposed action
and it is reasonably certain to occur. Effects of the action may occur later in time and may
include consequences occurring outside the immediate area involved in the action. (See §
402.17).
Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no
consultation with the Service is required (ESA§7). If a proposed Federal action may affect a
listed species or designated critical habitat, formal consultation is required except when the
Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species
or designated critical habitat [50 CFR §402.02, 50 CFR§402.13].
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA-protected species and/or critical habitat that also may occur in your Action area:
■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
■ Eastern Black Rail Laterallus jamaicensis ssp.jamaicensis Threatened
■ Green Sea Turtle Chelonia mydas Threatened
• Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
• Leatherback Sea Turtle Dermochelys coriacea Endangered
■ Monarch Butterfly Danaus plexippus Candidate
■ Piping Plover Charadrius melodus Threatened
■ Red-cockaded Woodpecker Picoides borealis Endangered
■ Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered
■ Rufa Red Knot Calidris canutus ru fa Threatened
■ Tricolored Bat Perimyotis sub flavus Proposed Endangered
■ West Indian Manatee Trichechus manatus Threatened
You may coordinate with our Office to determine whether the Action may affect the animal
species listed above and, if so, how they may be affected.
Next Steps
Based upon your IPaC submission, your project has reached the determination of"No Effect" on
the northern long-eared bat. If there are no updates on listed species, no further consultation/
coordination for this project is required with respect to the northern long-eared bat. However, the
Service recommends that project proponents re-evaluate the Project in IPaC if: 1)the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact(positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
Page 44 of 60

habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place to ensure compliance with the Act.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2024-0082424 associated
with this Project.
Page 45 of 60

Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
735 and 739 Cannonsgate Dr.
2. Description
The following description was provided for the project '735 and 739 Cannonsgate Dr.':
Single family dwellings on two lots, adjacent to Bogue Sound, in Newport, NC.
The upland portion of the project is maintained grass, while the wetlands,
specifically Estuarine Woody Wetlands, make up the remainder of the project
area. The wetlands are regularly bush hogged, thus woody vegetation is kept
under control. The dwellings will be constructed as soon as all necessary permits
are secured, which is anticipated to be within the next 6 months.
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.706111500000006,-76.97564473868593,14z
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Page 46 of 60

DETERMINATION KEY RESULT
Based on the information you provided, you have determined that the Proposed Action will have
no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no
consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the
Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required
for those species.
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project.Intentional take could refer to
research,direct species management,surveys,and/or studies that include intentional handling/encountering,
harassment,collection,or capturing of any individual of a federally listed threatened,endangered or proposed
species?
No
2. Your project overlaps with an area where northern long-eared bats may be present year-
round. Time-of-year restrictions may not be appropriate for your project due to bats being
active all year.
Do you understand that your project may impact bats at any time during the year and time-
of-year restrictions may not apply to your project?
Yes
3. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions,answer`yes'if the construction or operation of wind power facilities is either(1)part
of the federal action or(2)would not occur but for a federal agency action(federal permit,funding, etc.).
No
4. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
5. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
Page 47 of 60

6. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note:This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed,respectively.This question is for information
purposes only.
No
7. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency(EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
8. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
9. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies(or their designated non-federal representatives)must consult with USFWS on federal
agency actions that may affect listed species[50 CFR 402.14(a)].Consultation is not required for actions that will
not affect listed species or critical habitat.Therefore,this determination key will not provide a consistency or
verification letter for actions that will not affect listed species.If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding,please answer"No"and continue through
the key.Remember that this key addresses only effects to the northern long-eared bat.Consultation with USFWS
would be required if your action may affect another listed species or critical habitat.The definition of Effects of
the Action can be found here:https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key_
selected-definitions
Yes
Page 48 of 60

PROJECT QUESTIONNAIRE
Will all project activities by completed by November 30, 2024?
No
Page 49 of 60

IPAC USER CONTACT INFORMATION
Agency: Private Entity
Name: Dana Lutheran
Address: 5315 South College Road
Address Line 2: Suite E
City: Wilmington
State: NC
Zip: 28412
Email [e-mail]
Phone: [phone]
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Liz Haire
Email: [e-mail]
Page 50 of 60

Attachment 10
Red Cockaded Woodpecker SLOPES Form
Page 51 of 60

RCW SLOPES M anual— North Carolina
M arch 2022
Appendix A—Red-cockaded Woodpecker Consultation Area
Washington
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Chera - t..:_.., T nsyNan '1� l� �) NBville Gaven Pam -
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Redcockaded Woodpecker Section 7 Consultation Area
Northeastern Coastal Plain
ah
Source: USFWS, 2020
1 1
Page 52 of 60

RCW SLOPES M anual— North Carolina
M arch 2022
US Army Corps
of Engineers
Appendix B—Red-cockaded Woodpecker Effects Determ nation Key
ORM2No.: D ate 7/22/24
USFWS Reference No. (if applicable): 2024-0082424
1) Is the action area' located within the RCW consultation area (see Appendix A and project-specific
results from a project-specific IPaC or internal USACE GIS review)?
aYes..... .............................................................................................................................................go to 2
b) No...................................................................................................................................................No effect2
2) Is the action area' located in the northeastern coastal plain (see Appendix A)?
a) Yes.......................................................................................................................................................go to 3
�e project is located in piedm cnt, sandhills, or southeastern coastal plain)..................go to 4
3) Is the action area'located in a forested area with pine trees present in northeast North Carolina (e.g.,
high pocosin, Atlantic white cedar, nonriverine swam pforests, pond pine woodland, coastal fringe
evergreen forest,wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes,
are the pine trees greater than 30 years of age (if stand age is not readily determ hed, refer to Table
1 for a description of the m him u mdbh of 30-year-old pines associated with each com m tnity type).
If the answer to both of these questions is yes, choose Yes below. If the answer to one or both
questions is no, then choose No below.
a) Yes.......................................................................................................................................................go to 8
�...............................................................................................................................................No effect2
4) Is the action area' located within suitable RCW foraging or nesting habitat (pine or pine/hardwood
stands in which 50% or m cre of the dom Kant trees are pines and the dom Kant pine trees are 30
years of age or older or>_8-inches dbh')?
a) Yes.......................................................................................................................................................go to 5
b) No...................................................................................................................................................No effect2
5) Wlil any activity in the action area' rem ae trees equal to or greater than 8 inches dbh; or will any
activity occur within 200 feet of known RCW cavity trees? If unable to determ he the location of a
cavity tree with confidence, contact the USFW S Raleigh Ecological Services Field Office.
a) Yes (to one or both).........................................................................................................................go to 6
b) No.........................................................................................................................................................NLAA3
1 2
Page 53 of 60

RCW SLOPES M anual—North Carolina
M arch 2022
6) Is the action area' located in suitable RCW nesting habitat (in the sandhills and piedm cnt: pine or
pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines>_8 inches dbh, including
but not lim ted to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes........................................................................................................................................................go to 9
b) %.........................................................................................................................................................go to 7
7) Cbes suitable nesting habitat occur within 0.5 m ies of suitable foraging habitat that would be
im pacted by any activity in the action area'?
a) Yes......................................................................................................................................................go to 9
b) %.........................................................................................................................................................N LAA3
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action area'.
Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be rem (red in
the action area', or is the action area'within 200 feet of a cavity tree? If the answer to either of these
questions is yes, choose Yes below. If unable to determ he the location of a cavity tree with
confidence,then contact the USFW S Raleigh Field Office.
a) Yes......................................................................................................................................................go to 9
b) I\b.........................................................................................................................................................N LAA3
9) Contact the appropriate USACE representative for a pre-application m eeting to determ he if a survey
is necessary (for a list of USACE representatives please see the contact list at http://saw-
reg.usace.arm um I/FO/PM Ust.pdf). Note that project-specific inform ation, such as a delineation of
waters of the U.S., project plans, and details concerning certain activities on disturbances that would
occur in the action area' (e.g. percussive activities, forest m magem eit, or sim lar disturbances), m ar
be needed for the USACE to determ he the action area(s)' of the project. If a survey is required and
agreed to by the applicant, all suitable RCW nesting habitat within 0.5 m les of the action area'should
be surveyed according to USFW S protocol for the presence of RCW cavity trees'. If the applicant is
unwilling or unable to conduct the survey, standard consultation with the USFWSshould begin. Such
surveys are conducted by running line transects through stands and visually inspecting all m odium-
sized and large pines for evidence of cavity excavation by RCW s.Transects m ist be spaced so that all
trees are inspected and are run north-south.
Was a survey perform Ed?
a) Yes, a survey was perform Ed, and RCW cavity trees were observed.......................................go to 10
b) `des,the survey was subm ited to the USFW Sfor concurrence, and the USFW Sconcurred with the
results (no RCW cavity trees were observed) ................................................................................NLAA3
c) No, the USACE determ hed that a survey was not required and the USFWS
concurred.............................................................................................................................................N LAA3
d) I\b, a survey was not perform Ed..........................................................................Consultation required
10) Does the project involve activities or disturbances in the action area'(e.g., percussive activities,forest
m anagem ant, or sim lar disturbances)within the 200-foot cavity tree buffer, and/or cause rem o✓al or
dam zge to RCW cavity trees(e.g.,via root com poction, soil com Eoction)? If yes to either or both then
consultation is required.
a) Yes............................................................................................................................Consultation required
b) I\b......................................................................................................................................................go to 11
1 3
Page 54 of 60

RCW SLOPES M anual—North Carolina
M arch 2022
11) Has a foraging habitat analysis(FHA)'been conducted to determ he whether enough foraging habitat
would rem an for each RCW group post-project? For inform ztion on how to conduct an FHA', refer to
the "Procedures for Determ king Foraging Habitat Availability" and the Private Land Guidelines.'
a) Yes,the FHA' has been subm tted to the USFWSfor concurrence'and the USFWSconcurred
that adequate am cants of foraging habitat would rem an post-project.................................NLAA3
b) Yes, and review of the FHA' by the USACE along with concurrence from USFW S determ hed
inadequate am cants of foraging habitat would rem an post-project.........Consultation required'
c) No, an FHA' has not been conducted...............................................................Consultation required'
'Action Area m Eans all areas to be affected directly or indirectly by the Federal action and not m E-elythe im m diate area involved
in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action.
For a list of USACE representatives,please see the contact list at:http://saw-reg.usace.arm um I/FO/PM Ust.pdf.
2No effect—The proposed project would result in no effect to this species and/or its federally designated critical habitat (if
applicable). Further consultation with the USFW S Raleigh and Asheville Ecological Services field offices is not necessary for the
project as described.
3NLAA—The proposed project m a/affect but is not likely to adversely affect this species and/or its designated critical habitat(if
applicable).NLAA determ hations for projects m ade pursuant to this key require no further consultation with the USFW S Raleigh
and Asheville Ecological Services field offices,therefore,consultation is considered com Bete for this species.For General Perm ts,
subm ttal of a Pre-Construction Notification to the USACE will be required for all NLAA determ hations.
4Follow link to USFW S RCW Recovery Plan,Appendix 4 for additional inform ztion on nesting and foraging habitats, and survey
protocol(https://www.fws.gov/rcwrecovery/files/RecoveryPlan/survey protocol.pdf)
-'Consultation required—Contact the USACE to begin this consultation process.For a list of USACE representatives please see the
contact list at http://saw-reg.usace.arm ym I/FO/PM Ust.pdf. Further consultation with the USFW S Raleigh and Asheville
Ecological Services field offices is necessary to discern if the activity would result in a"no effect,""not likely to adversely affect,"
or"likely to adversely affect"determ hation.
6Follow links for additional inform aion on conducting FHA(https://www.fws.gov/rcwrecovery/m ztrix.htm I and for
determ hing foraging habitat availability(https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf).
'Follow link for additional inform lion regarding determ hation for adequate am cunt of foraging habitat
(https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdfl.
8 FHA—W hen an FHA is conducted,the USACE m u;t provide the FHA to USFWSfor review and concurrence.
Additional Inform ztion
1 4
Page 55 of 60

RCW SLOPES M anual—North Carolina
M arch 2022
Appendix C—Conservation Recom m edations
These recom m edations are optional and, if im poem rated, would support the agency's goals toward
recovery. These recom m edations are to be used at the discretion of the perm ttee,but any m aysures that
avoid and m him ee effects to the species are highly encouraged by the USFWS
1. Minim ee project im pacts within clusters and foraging habitat whenever possible (i.e., conduct large
pine rem o✓al outside of nesting season [April 1 to July 31], trim branches instead of com Mete tree
rem o✓al, switch building plans to retain large pines).
2. The USFW Sstrongly recom m eds that occupied habitats be avoided and preserved.The first m easure
is to m odify the project footprint to avoid direct im pacts to RCW habitat. This habitat could be
designated as an environm entally sensitive area and set aside by deed restriction, easem ant, or
another protective covenant. If the occupied habitat on the property exceeds 5 acres (2 hectares),
then a habitat m magem eat plan is also recom m eded. Incorporating these recom m edations into
the project design and docum eating them in the habitat m anagem eat plan m ght result in the project
being not likely to adversely affect the RCW.
3. On-site habitat enhancem eats are recom m oded by the USFWS in situations where a project
proposes to im pact occupied RCW habitat. If the site has been physically altered by exotic species
invasion, lack of fire, or other anthropogenic actions,these alterations have produced on-site habitat
conditions that have resulted in m a-ginally suitable habitats for RCW's survival and propagation. The
planned action, through project redesign, has avoided im pacting a substantial portion of the habitat;
however, som ehabitat loss will still occur. The project proposes on-site habitat enhancem ants and
m aiagem eat actions that provide habitat quality im p-ovem eats that balance losses of sm all am cunts
of m a•ginally suitable habitats. Incorporating these recom m edations into the project and
docum anting them in a habitat m wagem ant plan can result in the project being not likely to adversely
affect the RCW.
4. Rem we vines and thick underbrush/m d-story to im p-ove site suitability.
5. Provision starts and/or com pleted cavities in suitable large pines to provide additional housing
opportunities to an RCW cluster.
1 5
Page 56 of 60

Attachment 11
Adjacent Riparian Property Owner Map
and
Notification Documentation
a
Page 57 of 60

July 21, 2024
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr. Butch Howard
4664 Mark N. Smith Road
Deep Run,NC 28525
Re: Coastal Area Management Act("CAMA")Major Permit
739 Cannonsgate Drive
Carteret County,North Carolina
Dear Mr. Howard:
Southern Environmental Group,Inc.(SEGi),on behalf of Mr.John A.Kokinchak and Mr.John A Williams
(herein referred to as the "Applicants") are in the process of securing a Coastal Area Management Act
("CAMA")Major Permit,from the North Carolina Division of Coastal Management(DCM),for work that
is planned to take place at 739 Cannonsgate Drive, within the Cannonsgate Subdivision, which is located
within the Newport Township, in Carteret County, North Carolina. As part of the CAMA Major Permit
process, the Applicant is required to notify the adjacent riparian property owners of the proposed work.
According to the Carteret County GIS, you are listed as being an adjacent riparian property owner and,
therefore, should be notified.
The Applicant intents to construct a single family dwelling on the subject property. That work includes
removing all woody vegetation from the development area,installing a retaining wall around the fill limits,
and backfilling with clean earthen soil, to the desired grade and contour. As part of the development,
approximately 0.04-acre of Section 404 wetlands will be permanently filled, and 0.009-acre of wetlands
will be temporarily impacted. Please refer to the attached CAMA Major Site Plan and Project Narrative,
without attachments, for details of the proposed work. As you will see, no work is proposed to take place
outside the Applicant's property limits,thus no action on your behalf is required.
However,should you have any questions about the proposed development,please do not hesitate to contact
me at [phone] or by e-mail, at dlutheran&segi.us. If you wish to comment on the Applicant's
proposed development,please either email Ms. Heather Styron at heather.styron(knc.deq gov or mail your
comments to her office at the NC DCM, 400 Commerce Avenue,Morehead City,NC 28557. Please copy
me, should that take place.
Sincerely yours,
Dana A. Lutheran
SEGi Senior Regulatory Specialist
Enclosures(2)
Page 58 of 60

July 21, 2024
CERTIFIED MAIL-RETURN RECEIPT REQUESTED
Mr.Nikolaos Gilantzis
1249 Cuddington Road
Kenly,NC 27542
Re: Coastal Area Management Act("CAMA")Major Permit
739 Cannonsgate Drive
Carteret County,North Carolina
Dear Mr. Gilantzis:
Southern Environmental Group,Inc.(SEGi),on behalf of Mr.John A.Kokinchak and Mr.John A Williams
(herein referred to as the "Applicants") are in the process of securing a Coastal Area Management Act
("CAMA")Major Permit, from the North Carolina Division of Coastal Management(DCM),for work that
is planned to take place at 739 Cannonsgate Drive, within the Cannonsgate Subdivision, which is located
within the Newport Township, in Carteret County, North Carolina. As part of the CAMA Major Permit
process, the Applicant is required to notify the adjacent riparian property owners of the proposed work.
According to the Carteret County GIS, you are listed as being an adjacent riparian property owner to one
of the Applicants, whose primary dwelling lies between the project site and your property, and, therefore,
you should be notified.
The Applicant intents to construct a single family dwelling on the subject property. That work includes
removing all woody vegetation from the development area,installing a retaining wall around the fill limits,
and backfilling with clean earthen soil, to the desired grade and contour. As part of the development,
approximately 0.04-acre of Section 404 wetlands will be permanently filled, and 0.009-acre of wetlands
will be temporarily impacted. Please refer to the attached CAMA Major Site Plan and Project Narrative,
without attachments, for details of the proposed work. As you will see, no work is proposed to take place
outside the Applicant's property limits,thus no action on your behalf is required.
However,should you have any questions about the proposed development,please do not hesitate to contact
me at [phone] or by e-mail, at dlutheranksegi.us. If you wish to comment on the Applicant's
proposed development,please either email Ms.Heather Styron at heathers , ronknc.deq.gov or mail your
comments to her office at the NC DCM, 400 Commerce Avenue,Morehead City,NC 28557. Please copy
me, should that take place.
Sincerely yours,
Dana A. Lutheran
SEGi Senior Regulatory Specialist
Enclosures(2)
Page 59 of 60

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Page 60 of 60