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Home My WebLink About20201422 Ver 1_USFWS Project Review Request_20201109 5410 Trinity Road Suite 102 Raleigh,NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com From: 5410 Trinity Road, Suite 102 Raleigh, NC 27607 lauren.norris-heflin@timmons.com (919) 866-4943 To: U.S. Fish and Wildlife Service Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 October 15, 2020 Re: Online Project Review Request, Circle K NTI Wilmington, New Hanover County, North Carolina. Dear Mr. Benjamin, We have reviewed the referenced project using the North Carolina Field Office’s online project review process and have followed all guidance and instructions in completing the review. We completed our review on October 12, 2020 and are submitting our project review package in accordance with the instructions for further review. Our proposed action consists of a gas station and convenience store with associated amenities and connections to public utilities. Development is anticipated to include the construction of an access road across a jurisdictional relatively permanent water feature (does not constitute a wetland or stream). At this time, no other impacts are anticipated. The location of the project and the action area are identified on the enclosed maps (Figures 1 and 2 in Appendix C, including a USGS topographic map and aerial imagery). The project is expected to be completed over 1 to 2-years. Construction is anticipated to take place around mid-2021 and continue for approximately 5 to 8-months. This project review is needed as supplement to U.S. Army Corps of Engineers consultation for use of a Nationwide Permit due to impacts to jurisdictional waters anticipated with the proposed road crossing. The Site and future development do not have any other federal or state involvement. The USFWS IPaC search for the Site (Consultation Code 04EN2000-2020-SLI-1886, Event Code 04EN2000-2020-E-04204) identified six federally listed endangered species and eight federally listed threatened species as potentially occurring in the vicinity of the Site: red- cockaded woodpecker (Picoides borealis), Kemp’s Ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacea), Cooley’s meadowrue (Thalictrum cooleyi), golden sedge (Carex lutea), rough-leaved loosestrife (Lysimachia asperulaefolia), northern long- eared bat (Myotis septentrionalis), West Indian manatee (Trichechus manatus), piping plover (Charadrius melodus), red knot (Calidris canutus rufa), American alligator (Alligator mississippiensis), green sea turtle (Chelonia mydas), loggerhead sea turtle (Caretta caretta), and seabeach amaranth (Amaranthus pumilus) respectively. Additionally, the IPaC identified one federally proposed threatened and one candidate species: Eastern black rail (Laterallus jamaicensis ssp. jamaicensis) and magnificent ramshorn (Planorbella magnifica), respectively. No critical habitat was identified within the project area. Additionally, per the instructions of the Raleigh Field Office’s Project Review Steps, Timmons personnel assessed the potential for impacts to the bald eagle (Haliaeetus leucocephalus). Furthermore, a search of the North Carolina Natural Heritage Program’s (NC NHP) online database (report ID: NCNHDE-12886) revealed a sighting of the federally endangered Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) from September 2019 within the vicinity of the project area. This species is not identified on the IPaC report. The project area lacks water bodies suitable to sustain the following species: Kemp’s Ridley sea turtle, leatherback sea turtle, Atlantic sturgeon, green sea turtle or loggerhead sea turtle. Therefore, it is the opinion of Timmons that the proposed project will have no effect on these species and they will not be described further. Effects to critical habitat No critical habitat is present within the project area or a 1-mile radius. Effects to federally endangered species The project area consists of a mixed hardwood and pine forest that is largely undisturbed and could serve as potential foraging habitat for the red-cockaded woodpecker. However, the stand has limited connectivity to other natural areas and is not of a sufficient size to support red- cockaded woodpecker populations. Further, no occurrences of red-cockaded woodpecker were observed at the time of the on-site inspection or noted in the NCNHP report as occurring in the vicinity of the site. Therefore, it is the opinion of Timmons Group that the project may affect, but is not likely to adversely affect the red-cockaded woodpecker. While the project area contains regularly maintained areas, these areas could not sustain Cooley’s meadowrue due to the extent of maintenance. Other portions of the site consist of mature mixed hardwood-pine forests not capable of supporting Cooley’s meadowrue. Further, no occurrences of Cooley’s meadowrue were noted in the NCNHP report as occurring in the vicinity of the site. Therefore, it is the opinion of Timmons Group that the proposed project will have no effect on Cooley’s meadowrue. A majority of the project area is intensively managed, with the rest consisting of mature mixed hardwood-pine forest and disturbed plant communities. As a result, the project area lacks diverse plant communities and the ecotones between them that are preferred by the golden sedge. Further, no occurrences of golden sedge were noted in the NC NHP report as occurring in the vicinity of the site. Therefore, it is the opinion of Timmons Group that the proposed project will have no effect on golden sedge. 5410 Trinity Road Suite 102 Raleigh,NC 27607 P 919.866.4951 F 919.859.5663 www.timmons.com Following an on-site inspection, the project area was observed have sandy to loamy/clayey soils, lacking the peaty, poorly drained soils preferred by rough-leaved loosestrife. Further, no occurrences of rough-leaved loosestrife were noted in the NC NHP report as occurring in the vicinity of the site. Therefore, it is the opinion of Timmons Group that the proposed project will have no effect on rough-leaved loosestrife. Effects to federally threatened species The project area contains mature mixed hardwood-pine forest with suitable roosting and foraging habitat for the northern long-eared bat (NLEB). Additionally, the NC NHP report lists a 1994 sighting of the NLEB within a 1-mile radius of the project area. However, the project is not located within a county with known roost trees, no occurrences were observed at the time of inspection, and no hibernacula are anticipated to be located in the surrounding area to due existing landscape characteristics. Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for the Final 4(d) Rule on the Northern Long-Eared Bat and Activities Exempted from Take Prohibitions to fulfil our project-specific section 7 responsibilities, it is the opinion of Timmons Group that the proposed project may affect, but is not likely to adversely affect NLEB. While the NC NHP report lists a documented sighting of the West Indian manatee within 1-mile of the project area in 2019, there are no bodies of water within the project area that could provide suitable habitat or support the species. Therefore, it is the opinion of Timmons Group that the project will have no effect on the West Indian manatee. The project lacks open, sandy beaches required for the piping plover, red knot, and seabeach amaranth species. Further, no occurrences of piping plover, red knot, or seabeach amaranth were noted in the NC NHP report as occurring in the vicinity of the site or at the time of inspection. Therefore, it is the opinion of Timmons Group that the project will have no effect on piping plover, red knot, and seabeach amaranth. The project area contains limited aquatic features, all of small size and primarily consisting of small wetland areas, with the largest wetland area totaling 0.14 acres. Additionally, the two 0.07 acre stormwater ponds within the southeastern portion of the site represent low-quality habitat. Due to the absence of occurrences observed and the low quality and disconnected nature of the aquatic features identified on-site, the proposed project is not anticipated to have an adverse impact on the American alligator. Further, no occurrences of American alligator were noted in the NC NHP report as occurring in the vicinity of the site. Therefore, it is the opinion of Timmons Group that the project may affect the American alligator. Effects to proposed federally protected and candidate species While wetlands were identified during an on-site inspection, the largest wetland is a 0.14 acre forested wetland. Smaller wetlands identified featured emergent vegetation but were not the dense marshes required by the Eastern black rail and were of relatively low-quality. Further, no occurrences of Eastern black rail were noted in the NC NHP report as occurring in the vicinity of the site. Therefore, it is the opinion of Timmons Group that the project will have no effect on Eastern black rail. A freshwater stream with slow moving and submerged vegetation is located in the southeastern portion of the project that could serve as potential habitat for the magnificent ramshorn. However, the project area is not located near one of the known populations of the magnificent ramshorn, which is largely believed to be extinct in the wild. Further, aquatic on-site lack the diverse aquatic vegetation required by the species. Therefore, it is the opinion of Timmons Group that the project will have no effect on the magnificent ramshorn. Effects to federally protected species not identified through IPaC The Raleigh Field Office Project Review steps request that reviewers assess their projects for the potential to impact bald eagle nests. Per the NCNHP Report, there are no occurrences of the bald eagle or their nests at or within 1-mile of the project Site. Further, no occurrences of nests or bald eagles were observed during the Site inspection. Therefore, any disturbance of the Site is unlikely to disturb nesting bald eagles and no Eagle Act Permit is required. The enclosed project review package provides the information about the species and critical habitat considered in our review, and includes a species conclusions table identifying the determinations. For additional information, please contact Lauren Norris-Heflin at the email address listed above. Sincerely, Timmons Group Sydni Law Environmental Technician Lauren Norris-Heflin Senior Environmental Scientist Enclosures: 1) ENTIRE PROJECT REVIEW PACKAGE APPENDICES APPENDIX A – Self Certification Letter Self-Certification Letter Project Review Checklist Species Conclusion Table APPENDIX B – Species Reports Official IPaC Species Report NCNHP Species Report APPENDIX C - Figures Figure 1 USGS Topographic Map Figure 2 Aerial Map with Contours Figure 3 Environmental Inventory Map Figure 4 Wetlands and waters of the U.S. Delineation Map APPENDIX A Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date:__________________________ Self-Certification Letter Project Name______________________________ Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: “no effect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, not likely to adversely affect” determinations for proposed/listed species and/or proposed/designated critical habitat; and/or “may affect, likely to adversely affect” determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; “no Eagle Act permit required” determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the “no effect” or “not likely to adversely affect” determinations for proposed and listed species and proposed and designated critical habitat; the “may affect” determination for Northern long-eared bat; and/or the “no Eagle Act permit required” determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html. If you have any questions, you can write to us at Raleigh@fws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package Project Review Checklist U.S. Fish & Wildlife Service Step Item Required Date completed/ Notes 1 and 2 Official Species List from IPaC (will include map showing the action area) Yes 3 NCDENER-Heritage Program database results or correspon- dence. If Applicable 4 Habitat Assessments or Species Surveys If Applicable 6 Bald Eagle Conclusion Table Yes 7 NLEB Yes 8 Species Conclusion Table Yes 9 Online project review request letter or Online project review certification letter Yes 10 Other documentation to support your conclusions If Applicable Submit project review packages electronically to Raleigh@fws. gov. Please indicate in your email subject title if you are submit- ting a "Review Request Letter" or a "Self-Certification Letter." All project reviews will receive a return receipt to inform you that your project has been successfully submitted to this office. Please note that any single email, including attachments, must be smaller than 25 MB. If a single email would be larger than 25 MB, please spread out multiple attachments among several emails (use the same subject name and project reference in all emails related to an individual project). If this is not practical, please mail a hard copy or DVD containing the project review package to our office: Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Maintain a complete copy of the project review package in your files since it will become an integral part of your official record of compliance. Instructions Contact us If you have questions or comments concerning this process, please contact Leigh Mann at (919) 856-4520 extension 10 or via email at Raleigh@fws.gov. http://Raleigh.fws.gov Federal Relay Service for the deaf and hard-of-hearing 1 800/877 8339 U.S. Fish and Wildlife Service http://www.fws.gov 1 800/344 WILD January 2017 Species Conclusions Table Project Name: ___Circle K NTI Airport__________________________________ Date: __10/12/2020__________________________________________________ Species / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation Critical Habitat No critical habitat present No effect While the project area occurs in New Hanover County with designated critical habitat, no critical habitat is present within the project area or a 1-mile radius. Northern long-eared bat (Myotis septentrionalis) Species present, suitable habitat present, a documented maternity colony or hibernacula may be in the action area May affect The project area contains mature mixed hardwood-pine forest with suitable roosting and foraging habitat for the northern long-eared bat. Additionally, the NCNHP reports a 1994 sighting of NLEB within a 1-mile radius of the project area. However, the project is not located within a county with known roost trees, no occurrences were observed at the time of inspection, and no hibernacula are anticipated to be located in the surrounding area due to landscape characteristics. Relying upon the findings of the 1/5/2016 Programmatic Biological Opinion for Final 4(d) Rule on the Northern Long-Eared Bat and Activities Excepted from Take Prohibitions to fulfill our project-specific section 7 responsibilities. West Indian manatee (Trichechus manatus) No suitable habitat present No effect NCNHP lists a documented sighting of the West Indian manatee within 1-mile of the site in 2019. However, there are no bodies of water within the project area that could provide suitable habitat for the species. Eastern black rail (Laterallus jamaicensis ssp. jamaicensis) No suitable habitat present No effect Marshes with dense cover suitable for the Eastern black rail are not present within the project area. Piping plover (Charadrius melodus) No suitable habitat present No effect The project area does not contain flat, open, sandy beaches suitable for the piping plover. Additionally, the project area is covered in vegetation. Red knot (Calidris canutus rufa) No suitable habitat present No effect The project area lacks tidal flats or shorelines necessary to support the breeding and feeding habits of red knot populations. Red-cockaded woodpecker (Picoides borealis) Potentially suitable habitat present May affect The project area consists of a mixed hardwood and pine forest that is largely undisturbed and could serve as potential foraging habitat for the red-cockaded woodpecker. However, the stand on site has limited connectivity, and is not of a sufficient size to support red-cockaded woodpecker populations. Further, no occurrences of red-cockaded woodpecker were observed at the time of inspection or noted in the NHP report as occurring in the vicinity of the site. Atlantic sturgeon (Aceipenser oxyrinchus oxyrinchus) No suitable habitat present No effect NCNHP lists a documented sighting of the Atlantic sturgeon within 1-mile of the Site in 2018. However, there are no bodies of water within the project area that could provide suitable habitat for the species. American alligator (Alligator mississippiensis) Potentially suitable habitat present May affect The project area contains limited aquatic features of small size, primarily consisting of small wetland areas (largest wetland area totaling 0.14-acres). Additionally, there are two 0.07-acre stormwater ponds within the southeastern portion of the Site. These aquatic areas may represent low quality habitat. Due to the absence of occurrences observed and the low quality/disconnected nature of aquatic features, the proposed project is not anticipated to have an adverse impact on the American alligator. Green sea turtle (Chelonia mydas) No suitable habitat present No effect The site does not include water bodies suitable to sustain the species. Kemp’s Ridley sea turtle (Lepidochelys kempii) No suitable habitat present No effect The site does not include water bodies suitable to sustain the species. Leatherback sea turtle (Dermochelys coriacea) No suitable habitat present No effect The site does not include water bodies suitable to sustain the species. Loggerhead sea turtle (Caretta caretta) No suitable habitat present No effect The site does not include water bodies suitable to sustain the species. Magnificent ramshorn (Planorbella magnifica) No suitable habitat present No effect A freshwater stream with slow moving water and submerged vegetation is located in the southeastern portion of the project area. However, the project area is not located near one of the known populations of the magnificent ramshorn, which is largely believed to be extinct in the wild. Further, aquatic areas on-site lack the diverse aquatic vegetation the species requires. Cooley’s meadowrue (Thalictrum cooleyi) No suitable habitat present No effect While the project area contains regularly maintained areas, these areas could not sustain Cooley’s meadowrue due to extensive maintenance. Other portions of the site consist of mature mixed hardwood-pine forests. Golden sedge (Carex lutea) No suitable habitat present No effect The project area is intensively managed and lacks ecotones between diverse plant communities preferred by the golden sedge. Rough-leaved loosestrife (Lysimachia asperulaefolia) No suitable habitat present No effect The project area lacks peaty and poorly drained soils preferred by rough-leaved loosestrife. Seabeach amaranth (Amaranthus pumilus) No suitable habitat present No effect The project area does not have beaches required for the seabeach amaranth. Bald eagle (Haliaeetus leucocephalus) Unlikely to disturb nesting bald eagles No Eagle Act permit required No nest documented within the project area or a 1-mile radius. Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. _____________________________________Senior Environmental Scientist_____ _10/15/2020________________________ Signature /Title Date APPENDIX B September 16, 2020 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-1886 Event Code: 04EN2000-2020-E-04204 Project Name: Circle K ILM 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 09/16/2020 Event Code: 04EN2000-2020-E-04204 2 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/CurrentBirdIssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/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. 09/16/2020 Event Code: 04EN2000-2020-E-04204 3 ▪ Attachment(s): Official Species List 09/16/2020 Event Code: 04EN2000-2020-E-04204 1 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 09/16/2020 Event Code: 04EN2000-2020-E-04204 2 Project Summary Consultation Code:04EN2000-2020-SLI-1886 Event Code:04EN2000-2020-E-04204 Project Name:Circle K ILM Project Type:DEVELOPMENT Project Description:New Circle K location. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/34.26665991900006N77.91823489443709W Counties:New Hanover, NC 09/16/2020 Event Code: 04EN2000-2020-E-04204 3 1. Endangered Species Act Species There is a total of 16 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 Fisheries , 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 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Threatened West Indian Manatee Trichechus manatus 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://ecos.fws.gov/ecp/species/4469 Threatened 1 09/16/2020 Event Code: 04EN2000-2020-E-04204 4 Birds NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Proposed Threatened Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039 Threatened Red Knot Calidris canutus rufa No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1864 Threatened Red-cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Endangered Reptiles NAME STATUS American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Similarity of Appearance (Threatened) Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Threatened Kemp's Ridley Sea Turtle Lepidochelys kempii There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5523 Endangered Leatherback Sea Turtle Dermochelys coriacea There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1493 Endangered Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 Threatened 09/16/2020 Event Code: 04EN2000-2020-E-04204 5 Snails NAME STATUS Magnificent Ramshorn Planorbella magnifica No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6216 Candidate Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3281 Endangered Golden Sedge Carex lutea There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6025 Endangered Rough-leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 Endangered Seabeach Amaranth Amaranthus pumilus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8549 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. NCNHDE-12886 September 16, 2020 Sydni Law Timmons Group 5410 Trinity Road Raleigh, NC 27606 RE: Circle K ILM; 37630.054 Dear Sydni Law: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is found within the project area or is indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally-listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Circle K ILM Project No. 37630.054 September 16, 2020 NCNHDE-12886 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Freshwater Fish 38937 Acipenser oxyrinchus oxyrinchus Atlantic Sturgeon 2018-09 E 4-Low Endangered Endangered G3T3 S2 Mammal 24390 Corynorhinus rafinesquii macrotis Eastern Big-eared Bat 2006-Pre E 5-Very Low ---Special Concern G3G4T 3 S3 Mammal 32126 Myotis septentrionalis Northern Long-eared Bat 1994-Post H?5-Very Low Threatened Threatened G1G2 S2 Mammal 17664 Trichechus manatus West Indian Manatee 2019-11-14 E 5-Very Low Threatened Threatened G2 S1N Vascular Plant 30852 Baccharis glomeruliflora Silverling 1904-Pre H 5-Very Low ---Special Concern Historical G4 S1 Vascular Plant 22454 Dichanthelium cryptanthum Hidden-flowered Witchgrass 1906-05-04 H 5-Very Low ---Significantly Rare Throughout G3G4 Q S2 Vascular Plant 19327 Ptilimnium ahlesii Carolina Bishopweed 1949-06-02 H 3-Medium ---Significantly Rare Throughout G1 S1 Natural Areas Documented Within a One-mile Radius of the Project Area Site Name Representational Rating Collective Rating Northeast Cape Fear River Floodplain R1 (Exceptional)C1 (Exceptional) Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type NC Department of Transportation Mitigation Site NC Department of Transportation State NC Department of Transportation Mitigation Site NC Department of Transportation State NC Department of Transportation Mitigation Site NC Department of Transportation State NC Department of Transportation Mitigation Site NC Department of Transportation State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on September 16, 2020; source: NCNHP, Q3 July 2020. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 Powered by TCPDF (www.tcpdf.org) Page 3 of 3 APPENDIX C CIRCLE K NTI AIRPORTNEW HANOVER COUNTY, NORTH CAROLINAFIGURE 1: VICINITY MAP CASTLE HAYNE2016 03030007NORTHEAST CAPE FEAR (CAPE FEAR RIVER BASIN) These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. Path: Y:\805\37630.054 - CK NTI Airport (Wilmington Enviro)\GIS\Common Shared Exhibits\37630.054-VIC.mxd 5 0 1,000 2,000 3,000 4,000 Feet Site limits are approximate. Topographic imagery from USGS. Site Limits U.S.G.S. QUADRANGLE(S): DATE(S): WATERSHED(S): HYDROLOGIC UNIT CODE(S): TIMMONS GROUP JOB NUMBER: PROJECT STUDY LIMITS: LATITUDE: LONGITUDE: 34.266784-77.916195 37630.05437.8 ACRES These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.EnvironmentalJOB NUMBER CHECKED BY SCALE SHEET NO. DATE DESIGNED BY DRAWN BYYOUR VISION ACHIEVED THROUGH OURSSite DevelopmentResidentialInfrastructureDATEREVISION DESCRIPTIONTHIS DRAWING PREPARED AT THE1001 Boulders Parkway, Suite 300 | Richmond, VA 23225TEL 804.200.6500 FAX 804.560.1648 www.timmons.comCORPORATE OFFICETechnologyCIRCLE K NTI AIRPORTFIGURE 2: AERIAL TOPOGRAPHY MAP37630.054NEW HANOVER COUNTY, NORTH CAROLINA09/19/2019 A. MEHFOUD N 2 3 r d S t Pri v a t eGardner DrDivision DrAirport Blvd Private N 2 3 r d S t Airport BlvdAirport Blvd N 2 3 r d S t PrivateAirport Blvd 1514131229 32 30 72 8 19 383318 34111721 355637 27 39 93142681 0 16232 2 2025 36241718 172 0 2 3 26 261 02825 20 11251422 26 2218 20 1524 2022 1524 24 172124 1313 21 22271722281821 2 3 15232 3 1 7 26 26 192 424 232 3 28 18 22 222 621 2623 2227 74 27 22 26 24 26 18 2323 23 252 6 1423 2020 21 2 3 242 1 162718 2427 24 231815232123 13262422 251723282 125 2217 26 212624 18 16232525 2226 13222415 202523 202 1 1822 27 1 9 212323192227 2318 25 23 259202 626 1825 262322 1124 2 5 2 2 2 0 1 0 26 23 2423 24162 6 22 20 2321 2 22824 12 18 2 0 21231625 2724 26 1726 1020282 7 19172428 2624261626 2223 177271824262116 182 5 23 18202329 232423 9232422 20 28 22 2429 2322 2 6 724 2 0 27 20132324 241123 14 25 192622 23 10 2 4 27 23 23 232 5 2291423 22251926 12 28 15265 1621 241625 23 2021 23 15191324 17171724212418 2616 24 192 1 192225 2625 16 1624 2533 25 24 212822 25224142526 24 28 1 6 23 262827 26 26 262520 162223 27 2 214 24 2 2 25252425 17242223 24261 8212 6 19202322 25262423 24 24 21 26 1 9152526 9222 2 1324 1326121720 211917192523 3 1 16 26 1724 35 17 26 23 23 23 18242 3 21 5222025 26 182472225 25 25 2425242 3 23 26241925132 2 23 2 1 24 26 2724 1 8 2621 17132 123 14 25 18 2521 24 21 24 132025 23 26 2 8 20261 8 21 1320 2625 1618282726 1829 24 24232 3 28 1724 2 5 19 20 382471724 30 1823 27 182521212725212320 14 725 2220 16222228 23262 7 25 232221 212 623 18 2024 24282 4 19 25 19 2 7 23232826 2427 261419 1926 22251 4 22181822 1720172 3 26 166 23 24 2122 172 4 1620 2228 292521 1 924 20 2 6 252 425 2 4 2419162417 1719 26 26 2524 252225 1225 182 3 2420 2419132428 24 2625 10 182 025 2218 5 231626 1 8 24 2628 252 3 20 18222117119262 3 24122523 2622 1 629 2 6 262224 211 8 2 4 22 72720 26 25221 1 2419 2 5 2621 19 1322 2321 21 22426 23 2224 1627 1824 21 2526 1826252826 2 4 428 221425222420222 2 23 2126 1 326 242426 2426 2112151124 24 2622 12 182825 1026 2725172624 2 1 12172292 3 2 8 21 19 23 2 5 23 27232628 1 3 20 181328 29 222323 122521 24 161824 2 5 21142 125 22 2 8 41616 23413 16 21 2424 2 4 212522 1 1 1 9 152526 61 7 21242523 171826 2621 Path: Y:\805\37630.054 - CK NTI Airport (Wilmington Enviro)\GIS\Common Shared Exhibits\37630.054-Aerial with Topo.mxd 5 A. MEHFOUD S. LAW Legend Project Study Limits - 37.8 Acres Topographic Contours Major - 10 Feet Minor - 1 Foot 1 OF 1 NOTES: Project Limits are approximate. Aerial imagery from NC OneMap. 0 400 800200 Feet 1 " = 200 '10/07/19Updated per updated project limits. These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.EnvironmentalJOB NUMBER CHECKED BY SCALE SHEET NO. DATE DESIGNED BY DRAWN BYYOUR VISION ACHIEVED THROUGH OURSSite DevelopmentResidentialInfrastructureDATEREVISION DESCRIPTIONTHIS DRAWING PREPARED AT THE1001 Boulders Parkway, Suite 300 | Richmond, VA 23225TEL 804.200.6500 FAX 804.560.1648 www.timmons.comCORPORATE OFFICETechnologyCIRCLE K NTI AIRPORTFIGURE 3: ENVIRONMENTAL INVENTORY MAP37630.054NEW HANOVER COUNTY, NORTH CAROLINA09/19/2019 A. MEHFOUD Le Se Pn JO Ur JO JO Be Bp Be N 2 3 r d S t Pri v a t eGardner DrDivision DrAirport Blvd Private N 2 3 r d S t Airport BlvdAirport Blvd N 2 3 r d S t PrivateAirport Blvd Path: Y:\805\37630.054 - CK NTI Airport (Wilmington Enviro)\GIS\Common Shared Exhibits\37630.054-EIM.mxd 5 A. MEHFOUD S. LAW Legend Project Study Limits - 37.8 Acres National Hydrography Dataset National Wetlands Inventory Zone A: 1% Annual Chance Flood Hazard Hydric Soil Classification Hydric Partially Hydric Non Hydric 1 OF 1 NOTES: Project Limits are approximate. NWI from US Fish and Wildlife Service. Soils data from SSURGO. National Hydrography Dataset from USGS. Aerial imagery from NC OneMap. 0 400 800200 Feet 1 " = 200 ' Mapunit Symbol Mapunit Name Bp Borrow pits JO Johnston soils Le Leon sand Pn Pantego loam Se Seagate fine sand Ur Urban land New Hanover County Soils 10/07/19Updated per updated project limits. %A AA A gM/ gM/ gM/ gM/ gM/ A A A A A AA gM/ gM/ gM/ gM/ gM/ !(F !(E !(D !(G !(H !(I !(J !(K !(L ")A Culvert Culvert CulvertCulvert Culvert Culvert ")C Culvert ")B FDS-39A1-1FDS-39A1-2 FDS-39E1-1 FDS-39F1-1 FDS-39E1-2 FDS-39F1-239F1-3 39A1-6 39C1-1 39E1-3 39E1-6 FDS-39A2-1 FDS-39A2-2 FDS-39C2-1 FDS-39I2-1 39C2-104 39I2-6 39A2-5 39A2-10 39D2-1 FDS-39I2-2N 2 3 r d S t Private Gardner DrA i r p o r t B l v d Airport Blvd N 2 3 r d S t Path: Y:\805\37630.054 - CK NTI Airport (Wilmington Enviro)\GIS\WTDM\37630.054-WTDM.mxdLegend Project Study Limits - 37.8 Acres ")X Stream Identifier !(X Wetland Identifier gM/Wetland Flag A Field Data Station %Ditch Culvert Intermittent Stream (R4) Ephemeral Stream (R6) Stormwater Ponds Wetlands Palustrine Open Water (POW) Relatively Permanent Water ³ 0 200 400100 Feet 1. Waters of the U.S. within the project study limits have been located using submeter, Bluetooth GPS antennas by Timmons Group. 2. The eastern half of this site was delineated by Timmons Group as an addendum to the wetland area previously delineated by WithersRavenel and approved by the U.S. Army Corps of Engineers on 12/21/2010 (SAW-2010-01904). 3. Waters of the U.S. delineated by S. Thebert and S. Law on 09/18/2019 and 10/04/2019. 4. Waters of the U.S. have not been confirmed by the U.S. Army Corps of Engineers until stamped. 5. Project limits are approximate. 6. Topography based on USGS LiDAR. 7. Cowardin Stream Classifications are based on NC DWQ Stream Identification form version 4.11.These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.EnvironmentalJOB NUMBER CHECKED BY SCALE SHEET NO. DATE DESIGNED BY DRAWN BYYOUR VISION ACHIEVED THROUGH OURSSite DevelopmentResidentialInfrastructureDATEREVISION DESCRIPTIONTHIS DRAWING PREPARED AT THE1001 Boulders Parkway, Suite 300 | Richmond, VA 23225TEL 804.200.6500 FAX 804.560.1648 www.timmons.comCORPORATE OFFICETechnologyCIRCLE K NTI AIRPORTFIGURE 4: WETLANDS AND WATERS OF THE U.S. DELINEATION MAP37630.054NEW HANOVER COUNTY, NORTH CAROLINA09/23/2019 A. MEHFOUD A. MEHFOUD S. LAW 1 OF 1 1 " = 200 '10/07/19Updated per updated project limits.10/21/19Updated per COE comments.11/08/19RPW features added.PFO (sq ft) POW (sq ft) PEM (sq ft) PSS (sq ft) RPW (sq ft) R3 (lf) R4 (lf) R6 (lf) Ditch (lf) A 150 NT/NV B 94 NT/V C 57 NT/V D 3,096 NT/V E 2,119 NT/V F 1,568 NT/V G 2,979 NT/V H 805 NT/V I 6,191 NT/V J 2,185 NT/NV K 416 NT/NV L 1,580 NT/NV Total 6,191 416 2,373 8,194 3,765 0 57 94 150 Confirmation * T=Tidal; NT=Non-tidal; V=Vegetated; NV=Non-Vegetated; PFO=Palustrine Forested Wetland; PSS=Palustrine Scrub- Shrub Wetland; PEM=Palustrine Emergent Wetland; POW= Palustrine Open Water; EIW= Estuarine Intertidal Wetlands; R3= Upper Perennial Streams; R4=Intermittent Streams; R6 = Ephemeral Streams Resource Identification Resource Description Notes* Total Wetland Area =Total Stream Length =0.48 ac20,939 sq ft301 lf