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HomeMy WebLinkAbout20191368 Ver 1_PCN Form Submission_20191007DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20191368 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Washington Regional Office - (252) 946-6481 Robert Tankard:eads\rbtankard Information for Initial Review 1a. Name of project: US-NC-5069-Hobucken 1a. Who is the Primary Contact?* Will Vesely 1 b. Primary Contact Email:* Will.Vesely@terracon.com Date Submitted 10/7/2019 Nearest Body of Water Upper Springs Creek Basin Tar -Pamlico Water Classification SFH Site Coordinates Latitude: 35.255337 A. Processing Information County (or Counties) where the project is located: Pamlico Is this project a public transportation project?* r Yes r No Longitude: -76.576657 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (843)203-7299 1c. Has the NWP or GP number been verified by the Corps? r' Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: P 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 12 - Utility Lines 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)iress F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 19. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment Fbbucken_Mitigation_Approval_Form. pdf 1h. Is the project located in any of NC's twenty coastal counties? r Yes r' No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r` Yes r No r Unknown 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner W Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: William C. Fentress 2b. Deed book and page no.: 639 and 121-123 2c. Responsible party 2d. Address Street Address 801 Lake Pointe Road Address Line 2 city New Bern Postal / Zip Code 28562 2e. Telephone Number: (252)637-7729 2g. Email Address:* dbarker@consulthk.net 3. Applicant Information (if different from owner) State / Frmince / Piegion North Carolina Country USA 2f. Fax Number: 81.72KB r Yes r No r'Yes rNo 3a. Name: Matt Grugan 3b. Business Name: Vertical Bridge Development, LLC 3c.Address Street Address 750 Park of Commerce Dr. Address Line 2 Suite 200 City Boca Raton PostaJ / Zip Code 33487 3d. Telephone Number: (678)488-1866 3f. Email Address:* mgrugan@verticalbridge.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Hobucken 2. Project Identification 2a. Property Identification Number: 7525367333000 2c. Project Address Street Address Lowland Road Address Line 2 City Hobucken Rbstal / Zip Code 28537 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Upper Springs Creek 3b. Water Resources Classification of nearest receiving water:* SFH 3c. What river basin(s) is your project located in?* Tar -Pamlico 3d. Please provide the 12 -digit HUC in which the project is located. 030201040701 4. Project Description and History State / Frmince / I'71agm Florida Country USA 3e. Fax Number: 2b. Property size: 0.430 State / Frmince / fbgm NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site currently contains undeveloped woodlands and a surface water ditch. The site has not historically been developed. The adjoining properties primarily contain water tower, Lowland Road, agricultural land, undeveloped wooded land, and wetlands. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes 6 No r Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Hobucken_ex_2_topo.pdf 1.83MB 4e. Attach an 8 1/2 X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Hobucken_ex_5_Soil _Survey_Map.pdf 1.34MB 4f. List the total estimated acreage of all existing wetlands on the property: 0.415 4g. List the total estimated linear feet of all existing streams on the property: 4h. Explain the purpose of the proposed project:* The purpose of the project is to develop a cell tower off Lowland Road in Hobucken, North Carolina to support improvement to cellular communication coverage in the area. The improvement in cellular coverage in the area needed to improve basic community services and improve emergency response. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project will develop 0.3 -acres of wetland off Lowland Road to develop a cell tower. The area will be cleared and then filled resulting in permanent impacts to wetland. The site is proposed to developed with a 80'x80' cell tower compound and 24'x279' gravel access road. A culvert will be added to cross the non -jurisdictional surface ditch on the western portion of the site. The site will ultimately have a 300' self-supporting cell tower, equipment platform with 30kW diesel generator, fiber optic cable underground along access road, and pad - mounted transformer on platform. The applicant will implement best management practices that will minimize erosion and migration of sediments on and off the project site during and after construction. Additionally, land disturbance activity will comply with the NC Department of Water Quality (DWQ) Stormwater Best Management Practices. All stormwater runoff from built upon areas will be transported primarily via vegetated conveyances. These practices will include the use of appropriate grading and sloping techniques and erosion prevention and sediment control measures capable of preventing erosion, migration of sediments, and bank failure. All disturbed land will be stabilized and sloped where appropriate with a minimum 3:1 slope upon project completion as applicable. Once the project is initiated, it will be carried to completion in an a)peditious manner, minimizing the period of disturbance to the environment. Temporary best management practices such as silt fence and/or other diversionary structures will be used during construction. Permanent stabilization of embankments will contain appropriately sized rip -rap over geotextile liner or other similar approved permanent erosion control features where applicable. Temporary and permanent stormwater controls may be used to minimize sedimentation and erosion and minimize impact to the stream areas. See attached nationwide permit supporting documentation for further information. 4j. Please upload project drawings for the proposed project. Permit_DraWngs.pdf 3.37MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes f• No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r WA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5dl. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes r No r Unknown Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? D. Proposed Impacts Inventory - 1. Impacts Summary Ia. Where are the impacts associated with your project? (check all that apply): V Wetlands r Streams -tributaries r Buffers F- Open Waters r Pond Construction 2. Wetland Impacts 2al Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area* Fill for radio tower and P Bottomland Hardwood Forest A Yes Both 0.300 access road (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.300 2h. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 29. Total Permanent Wetland Impact 0.300 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Site and design alternatives were evaluated for the project site to avoid and minimize the wetland impacts associated with the proposed project. The no -action alternative would prevent the project from being completed either through no federal decision or by not conducting the proposed project. The no -action alternative was rejected because it does not meet the project purpose and need. The applicant initially proposed a 100 ft x 100 ft square compound area and a 32 ft x 279 ft access road for construction of the tower and associated support structures, which is the applicant's standard footprint for cell towers of this size. This alternative would have resulted in approAmately 0.415 acres of wetland impacts. This alternative was rejected as no wetland impact avoidance was achievable due to the site conditions. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Various layouts were considered for the development to avoid and minimize impacts to the emsting wetlands on the site to the mammum extent feasible while maintaining the project goal of developing the cell tower. The ebsting impact drawings provided in included depict the proposed site design, which includes the cell tower, gravel access road, and easement area. Alternative layouts within the site were considered; however, each of the layouts results in comparable impacts to wetlands for construction of various components of the proposed development. The applicant reduced the footprint of the proposed wetland impacts to 80 ft x 80 ft and reduced the access road width to 24 ft x 279 ft to reduce wetland impacts to 0.300. The applicant will minimize impacts to WOTUS including wetlands by implementing stormwater best management practices during construction. The impacts to wetlands will be further minimized through the use of pervious fill material predominantly consisting of gravel. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): F DWR H7 Corps 2d. If yes, which mitigation option(s) will be used for this project? r Mitigation bank 67 Payment to in -lieu fee r Permittee Responsible program Mitigation 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. r Yes r No 4b. Stream mitigation requested: (line rfeet) 4d. Buffer mitigation requested (DWR only): (square feet) 4f. Non -riparian wetland mitigation requested: (acres) 0.3 4h. Comments 4c. If using stream mitigation, what is the stream temperature: 4e. Riparian wetland mitigation requested: (acres) 4g. Coastal (tidal) wetland mitigation requested: (acres) F. Stormwater Management and Diffuse Flow Plan (required by DWR) - 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: Not located within regulated distance of a stream. Verified with Robert Pullinger of SCDENR and he confirmed it will not be subject to the buffer rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: Impacts will be less than 0.5 -acre. FG. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r No r N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Threatened and Endangered Species list for Pamlico County, USFWS Habitat Mapper, USFWS IPAC - Information, Planning, and Conservation System, and NCDENR Natural Program Data Search for Pamlico County. Consultation Documentation Upload ]PAC _List. pdf 227.53KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* North Carolina State Historic Preservation Office HPOWEB GIS Service 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Keep electrical components above the base elevation 8c. What source(s) did you use to make the floodplain determination?* Contacted Skip Lee of the Pamlico County CAMA Office Miscellaneous Comments Would like to have call Wth project manager to discuss project in more detail. Miscellaneous attachments not previously requested. Hobucken NWP and Supporting Documentation - Final - Signed.pdf 321.25KB Hobcken_NWP_Appendices.pdf 19.77MB Signature * V By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: William Camp Vesely Signature Date 10/7/2019 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION" By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. William Fentress Print Name Capacity: 0 Owner ❑Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑✓ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. 8 A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 ROY COOPER Governor MICHAEL S. REGAN secretary TIM BAUMGARTNER DirecT Matt Grugan Vertical Bridge Development, LLC 750 Park of Commerce Dr, Suite 200 Boca Raton, FL 33487 NORTH CAROLINA Enviromnental Quality August 27, 2019 Expiration of Acceptance: 2/27/2020 Project: US-NC-5069-Hobucken County: Pamlico The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Tar -Pamlico Impact Location 18 -digit HUG Impact Type Impact Quantity 03020104 Non -Riparian Wetland 0.30 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010 and 15A NCAC 02B .0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Will Vesely, agent Sincerely, 4AsManagement B Stanfill Supervisor e_�IOQE n.a.ra.rtamamw�0�r V North Carolina Department of Environtnental Quality I Division of Mitigation Services 217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652 919.707.8976 �. SITE _ .- - Wdte rw \1 1i _„ Legend Approximate Site Boundary,,. N 0 0.1 0.2 0.4 Miles W H) v� �L .etc 1 jv- 2013 National NGeoggrapi�ociety, i -cubed Project No. 2019 Lowland, NC-USGS Topographic Map EXHIBITNO. EN 197183 Drawn By: JTM Irerracon US -NC -5069 Hobucken Lowland Road 2 Checked By: JAR Date: 1450 Fifth Street West N.Charleston, SC 29405 Hobucken, Pamlico County, North Carolina 9/18/2019 phone: 843.884.1234 Fax: 843.884.9234 • • , `I i QL _ 1L "kW { - ZIM L i ti„` t mL ' 1 { Legend Approximate Site Boundary , - .� —4 N Project No. 1974 USDA NRCS Soils Map EXHIBIT NO. EN 197183 Drawn By: JTM Irerracon US -NC -5069 Hobucken Checked By: Lowland Road 5 0 200 400 800 JAR Hobucken, Pamlico County, North Carolina Feet Date: 9/18/2019 1450 Fifth Street West N.Charleston, SC 29405 Phone: 843.884.1234 Fax 843.884.9234 0 n a SITE d ci i `o c y 4 O Legend Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China Approximate Site Boundary (Hong Kong), Esri Konrob��Eb �i (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community — — „u N 0 500 1,000 2,000 Feet Project No. Site LOCBtIOn EXHIBIT NO. EN 197183 Drawn By: Ire wy rracon Project: US -NC -5069 Hobucken Applicant: Vertical Bridge and Verizon 1 of 4 Checked By: JAR Location: Hobucken, North Carolina Date: 1450 Fifth Street West N.Charleston, SC 29405 10/1/2019 phone: 843.884.1234 Fax: 843.884.9234 r ., SITE 1 Ah • At .t Legend s � Approximate Site Boundary N 0 25 50 100 Feet Existing Conditions Project: US -NC -5069 Hobucken Applicant: Vertical Bridge and Verizon Location: Hobucken, North Carolina I EXHIBIT NO. 2 of 4 • •- eorphics, NE=/Air Project No. EN 197183 Drawn By: Irerracon wv Checked By: JAR Date: 1450 Fifth Street West N.Charleston, SC 29405 1 0 /112 0 1 9 Phone: 843.884.1234 Fax843.884.9234 Existing Conditions Project: US -NC -5069 Hobucken Applicant: Vertical Bridge and Verizon Location: Hobucken, North Carolina I EXHIBIT NO. 2 of 4 Legend —• — Section A -A' Approximate Site Boundary Approximate Impact Area Elevation 0 1 2 3 4 5 ra 1 1 SITE _ 32 0.43 Acres � 2 � 2 2 2 N 2 "' N 0 25 50 100 Feet 1 ¢ 4 v a N '�••�/, A• ti w N I 2 2 2 2 I ^ rt,/ �2 ^ N ti ti 2 2 2 2 2 1 2 N 2 N 2 1 ti 1 2 � 2 1 N 2 2 2 2 2 r' 2 ^ N N Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community, Esri, HERE, Garmin, (c) OpenStreetMap contributors, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographies, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Project No. Wetland Fill Area EXHIBIT NO. EN 197183 Drawn By: Irerraconwy Project: US -NC -5069 Hobucken Applicant: Vertical Bridge and Verizon 3 of 4 Checked By: JAR Date: 1450 Fifth Street West N.Charleston, SC 29405 Location: Hobucken, North Carolina 101112019 phone: 843.884.1234 Fax: 843.884.9234 2 4u 2 0 0 Approximate Elevation of Wetland 2C. Section View A -K Approximate Fill Approximate Rase Elevation 60 Approximate Elevation After Fill 1vv Feet A A' Not drawn to scale 12-- Feet 2v Project No. Section View of Wetland Fill Impact Area EXHIBIT NO. EN 197183 Drawn By: wy Irerracon Project: US -NC -5069 Hobucken Applicant: Vertical Bridge and Verizon 4 of 4 Checked By: JAR Date: fth Street WestN.Charleston, SC 2940510/1/2019 rPhone'.i Location: Hobucken, North Carolina 843.884.1234 Fax: 843.884.9234 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Consultation Code: 04EN2000-2020-SLI-0002 Event Code: 04EN2000-2020-E-00017 Project Name: US -NC -5069 Hobucken October 01, 2019 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided 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.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 10/01/2019 Event Code: 04EN2000-2020-E-00017 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratoI3 birds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ 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 Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 10/01/2019 Event Code: 04EN2000-2020-E-00017 Attachment(s): • Official Species List 10/01/2019 Event Code: 04EN2000-2020-E-00017 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 10/01/2019 Event Code: 04EN2000-2020-E-00017 Project Summary Consultation Code: 04EN2000-2020-SLI-0002 Event Code: 04EN2000-2020-E-00017 Project Name: US -NC -5069 Hobucken Project Type: LAND - CLEARING Project Description: The site is 0.43 -acres of wetland being redeveloped into a cell tower on 0.30 -acres of the wetlands. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/35.25528638486969N76.57658862899797W Counties: Pamlico, NC 10/01/2019 Event Code: 04EN2000-2020-E-00017 3 Endangered Species Act Species There is a total of 7 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS West Indian Manatee Trichechus manatus Threatened There is final critical habitat for this species. Your location is outside 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 Red Knot Calidris canutus rufa Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 10/01/2019 Event Code: 04EN2000-2020-E-00017 4 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 final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/5523 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.