HomeMy WebLinkAbout20210425 Ver 1_ePCN Application_20210505DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
April 4, 2021 Ver 4
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
C Yes ( No
Change only 1 needed.
BIMS # Assigned* Version#*
20210425 1
Is a payment required for this project?*
6 No payment required
✓ Fee received
✓ Fee needed - send electronic notification
Select Project Reviewer*
Jason Robinson:eads\jtrobinson
Information for Initial Review
la. Name of project:
COURTESY COPY Cape Cottages Residential Development
la. Who is the Primary Contact?*
Chuck Oates
lb. Primary Contact Email:*
coates@smeinc.com
Date Submitted
5/5/2021
Nearest Body of Water
Jackeys Creek
Basin
Cape Fear
Water Classification
C; Sw
Site Coordinates
Latitude:
34.20608
A. Processing Information
Reviewing Office *
Wilmington Regional Office - (910) 796-7215
lc. Primary Contact Phone:*
(843)347-7800
Longitude:
-78.01336
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
✓ Yes 0. No
Is this project a public transportation project?*
✓ Yes 0- No
Pre -Filing Meeting Information
Is this a courtesy copy notification?*
✓ Yes f• No
ID#
Pre -fling Meeting or Request Date
Attach documentation of Pre -Filing Meeting Request here:
Click the upload button or drag and drop files here to attach docurrent
Rle type nest be FCF
la. Type(s) of approval sought from the Corps:
17 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
I— Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
✓ Yes
( No
1b. What type(s) of permit(s) do you wish to seek authorization?
17 Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
✓ Yes ( No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
I7 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
lf. Is this an after -the -fact permit application?*
✓ Yes (No
Version
✓ 401 Water Quality Certification - Express
✓ Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes (No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes rNo
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
( Yes rNo
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
✓ Yes
( No r Unknown
1j. Is the project located in a designated trout watershed?
✓ Yes ( No
B. Applicant Information
Id. Who is applying for the permit?
17 Owner r Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
( Yes r No
2. Owner Information
( Yes r No
r Yes ( No
2a. Name(s) on recorded deed:
WGTRACT6 LLC & WG MM TRACT6 LLC and a portion of WGTRACT7 LLC & WG MM TRACT7
LLC
2b. Deed book and page no.:
Book #03599, page #1124 and book #03599, page #1132
2c. Contact Person:
Joe Morrison - Cape Cottages, LP
2d.Address
Street Address
1203 48th Ave North, Suite 200
Address Line 2
Oty State / Province / Region
Myrtle Beach SC
Postal / Zip Code Country
29577 USA
2e. Telephone Number: 2f. Fax Number:
(843)839-4634
2g. Email Address:*
joe@sandsbuildinggroup.com
4. Agent/Consultant (if applicable)
4a. Name:
Charles (Chuck) Oates
4b. Business Name:
S&ME, Inc.
4c.Address
Street Address
1330 Highway 501 Business
Address Line 2
aly
Conway
Fbstal / ZZp Code
29526
4d. Telephone Number:
(843)347-7800
4f. Email Address:*
COates@smeinc.com
Agent Authorization Letter*
Agent authorization form -signed.pdf
State / Province / Region
South Carolina
Country
USA
4e. Fax Number:
219.38KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality/ town:
Leland
2. Project Identification
2a. Property Identification Number:
040004003/040004002
2c. Project Address
Street Address
South side of Westgate Drive
Address Line 2
2b. Property size:
30.6
city State / Province / Region
Leland NC
Postal / Zip Code Country
28451 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Jackeys Creek
3b. Water Resources Classification of nearest receiving water:*
C; Sw
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050503
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The property consists primarily of open or lightly -vegetated land that was used in the past for silvicultural purposes. Smaller portions of the site contain mid -age pine trees. The site is
abutted by forested areas, cleared (maintained/disturbed) lawn, residential development and roads.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
✓ Yes r No 6 Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
FIG2_USGS_SITE.pdf 1.11 MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
FIG3_SOILS_SfTE.pdf 1.36MB
4f. List the total estimated acreage of all existing wetlands on the property:
0.25
4g. List the total estimated linear feet of all existing streams on the property:
Not applicable.
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to provide buildable area and accommodate a vehicular crossing of a wetland feature that generally bisects the subject property. The fill
placement will help accommodate adequate building area for structural elements of the development and the that adjacent new road will provide vehicular access within the
development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The overall project entails construction of a residential development. Minor impacts to one jurisdictional feature (a wetland) will occur as a result of the development. Less than 0.10-
acre of wetland will be filled to accommodate installation of a building pad and paved road to provide safe access through the site. The crossing will be culverted with an appropriately
embedded, 30" diameter reinforced concrete pipe (RCP) to maintain flow and circulation through the wetland.
The crossing will be installed using industry -standard construction equipment such as a loader, an excavator, a bulldozer, dewatering devices, etc. Equipment working near the wetland
will be appropriately inspected and maintained. Appropriate best management practices (BMPs) will be implemented to reduce the likelihood of indirect impacts to water quality.
4j. Please upload project drawings for the proposed project.
DRAWINGS.pdf 2.09MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
6 Yes
Comments:
r No r Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
✓ Preliminary « Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2006-00669
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Scibetta
Agency/Consultant Company: Southern Environmental Group Inc.
Other: Submitted to Thomas & Hutton
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The jurisdictional determination (JD) was approved on July 22, 2019 and expires July 20, 2024.
5d1. Jurisdictional determination upload
NOTICE OF APPROVED JD pdf 322 17KB
6. Future Project Plans
6a. Is this a phased project?*
« Yes r No
6b. If yes, explain.
This is a residential development consisting of several tracts. The proposed project involves a portion of two of the seven tracts. The remaining tracts do not contain jurisdictional
features per the approved JD. Accordingly, any future development of the remaining tracts should not result in additional wetland impacts.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Not applicable.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
17 Wetlands r Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
❑ Buffers
2a. Site #*(?)
1
2a1 Reason (?)
Fill
2b. Impact type* (.)
P
2c. Type of W.*
Isolated Wetlands
2d. W. name*
WA
2e. Forested*
Yes
2f. Type of
Jurisdicition * (?)
Both
2g. Impact
area
0.095
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.095
2i. Comments:
E. Impact Justification and Mitigation
2g. Total Permanent Wetland Impact
0.095
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Limits of the development were sited such that adjacent wetlands/riparian areas are avoided. The proposed road makes use of an existing high
ground to the extent practicable. Wingwalls were employed to minimize the length of the proposed culvert, and impacts were limited to less than 0.10-
acre.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
An erosion and sediment control plan will be developed, approved and implemented. Current BMPs and plans will be implemented to reduce the
likelihood of indirect impacts to water quality. All equipment will be properly inspected and maintained.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
✓ Yes (7 No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed project's anticipated impacts are below the Nationwide Permit (MVP) 18 threshold, therefore, compensatory mitigation is not required.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
✓ Yes ( No
If no, explain why:
The proposed project does not include, nor is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules as it is located in the Cape Fear
Basin which has no buffer protection currently.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes f No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
✓ Yes F' No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
✓ Yes r No
✓ N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
I7 Local Government r State
Local Government Stormwater Programs
FJ Phase II r NSW r USMP r Water Supply
Please identify which local government stormwater program you are using.
Town of Leland - Phase II entity, coastal county
Comments:
SWMP will be approved by the Town of Leland.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
✓ Yes (cNo
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
✓ Yes (cNo
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes ( No
3b. If you answered "no," provide a short narrative description.
The proposed project is not anticipated to result in development that will result in additional wetland impacts.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
CYes rNor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
✓ Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
✓ Yes 6' No
5d. Is another Federal agency involved?*
✓ Yes
5e. Is this a DOT project located within Division's 1-8?
✓ Yes r No
( No r Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
6. Yes r No
5g. Does this project involve bridge maintenance or removal?
✓ Yes(-No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes(-No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
✓ Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
NCNHP, USFWS IPaC. We understand that the USACE will complete coordintion with FWS as appropriate.
Consultation Documentation Upload
project _report _ cape_cottages _29886_29886.pdf
Species List_ Raleigh Ecological Services Field Office.pdf
1.09MB
276.06KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes f No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
✓ Yes 6 No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC SHPO HPOWEB 2.0. We understand that the USAGE will complete coordination with SHPO as appropriate.
7c. Historic or Prehistoric Information Upload
Preliminary SHPO Results.pdf 1.47MB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
✓ Yes f• No
8c. What source(s) did you use to make the floodplain determination?*
FEMA's NFHL
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
FIG 1 _VICINITY_SITE.pdf
FIG4_AERIAL WOTUS_SITE.pdf
Signature
*
17 By checking the box and signing below, I certify that:
1.72MB
1.28MB
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Chuck Oates
Signature
�/ia-Clad mated
Date
5/5/2021
AGENT AUTHORIZATION FORM
Date: 05.03.2021
Project Information
S&ME Project Name:
Type of Project:
Location:
Cape Cottages
Residential development
Leland, NC
Applicant/Owner Rep Information
Applicant Name:
Mailing Address:
City, State, Zip Code:
Telephone No.
Contact:
Cape Cottages, LLP
1203 48th Avenue North, Suite 200
Wilmington, NC 29577
843-839-4634
John Morrison
Agent Information
Business Name:
Street Address:
City, State, Zip:
Telephone No.
Contact:
S&ME, Inc.
1330 Highway 501 Business
Conway, SC 29526
843.347.7800
Chuck Oates
Authorization:
Signature:
John Morrison
, hereby authorize S&ME, Inc. to
submit information to and coordinate with the US Army Corps of Engineers
(USAGE) and other relevant Federal/State/Local agencies pursuant to obtaining
necessary environmental permits for the project referenced above. If applicable,
this also authorizes the USACE to access the proposed project area for the
purposes of conducting site assessment/confirming the accuracy of delineated
boundaries, provided th�tprior notification is given.
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REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM THE USGS TOPOGRAPHIC MAP VIEWER AND
USFWS NWI. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE
LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY
INFORMATION, UNLESS STATED OTHERWISE.
1,000 2,000
Feet
USGS TOPOGRAPHIC EXHIBIT
WESTGATE PROPERTIES
LELAND, BRUNSWICK COUNTY, NORTH CAROLINA
SCALE:
' = 1,000 feet
DATE:
4-16-21
PROJECT NUMBER
213879
Site
FIGURE NO.
2
tages, Lealand, NC\GIS\Permit MXDs\FIG3_SOILS.mxd plotted by rsims 04-19-2021
Drawing Path: T:\ENV\Projects\2021\213879 Thomas & Hutton, Cape
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM ESRI AERIAL IMAGERY AND THE USDA-NRCS
PUBLISHED WEB SOIL SURVEY. THIS MAP IS FOR INFORMATIONAL PURPOSES ONLY.
ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOT BASED ON
CIVIL SURVEY INFORMATION, UNLESS STATED OTHERWISE.
0
500
1,000
Feet
DSite
Soil Name
Baymeade and Marvyn soils, 6 to 12 percent slopes
Baymeade fine sand, 1 to 6 percent slopes
Blanton fine sand, 0 to 5 percent slopes
Dorovan muck
Foreston loamy fine sand
Goldsboro fine sandy loam, 0 to 2 percent slopes
Leon fine sand
Lynchburg fine sandy loam, 0 to 2 percent slopes, Atlantic Coast
Norfolk loamy fine sand, 2 to 6 percent slopes
Onslow fine sandy loam
Rains fine sandy loam, 0 to 2 percent slopes, Atlantic Coast
Torhunta mucky fine sandy loam
SOIL SURVEY EXHIBIT
WESTGATE PROPERTIES
LELAND, BRUNSWICK COUNTY, NORTH CAROLINA
SCALE:
1 " = 500 feet
DATE:
4-16-21
PROJECT NUMBER
213879
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Sheet Number
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1
Cover Sheet
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2
Wetland Permit Key Map
3
Wetland Impact Plan
4
Wetland Impact Cross Section & Summary
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CAPE COTTAGES
WETLAND PERMIT DRAWINGS
THOMAS
COVER SHEET
CLIENT:
CAPE COTTAGES, LP
LOCATION: LELAND, NORTH CAROLINA
DATE: 2/22/21 DRAWN BY: NTP SHEET: 1
JOB NUMBER: J-27388.0004 REVIEWED BY: WAW SCALE: 1" = 1000'
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HUTTON
611 Burroughs & Chapin Blvd. • Suite 202
Myrtle Beach, SC 29577 • 843.839.3545
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WG MM TRACT5 LLC
PIN: 310605081283
TR-7-MF-M
WGTRACT7 LLC 8
WG MM TRACT? LLC
PIN: 219612875331
CAPE COTTAGES
WETLAND PERMIT DRAWINGS
WETLAND PERMIT KEY MAP
CLIENT:
CAPE COTTAGES, LP
LOCATION: LELAND, NORTH CAROLINA
DATE: 2/22/21 DRAWN BY: NTP SHEET: 2
JOB NUMBER: J-27388.0004 REVIEWED BY: WAW SCALE: 1" = 300'
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WETLAND PERMIT DRAWINGS
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WETLAND IMPACT PLAN
CLIENT:
CAPE COTTAGES, LP
LOCATION: LELAND, NORTH CAROLINA
DATE: 2/22/21 DRAWN BY: NTP SHEET: 3
JOB NUMBER: J-27388.0004 REVIEWED BY: WAW SCALE: 1" = 30'
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CAPE COTTAGES
WETLAND PERMIT DRAWINGS
THOMAS
WETLAND IMPACT CROSS SECTION & SUMMARY
CLIENT:
CAPE COTTAGES, LP
LOCATION: LELAND, NORTH CAROLINA
DATE: 2/22/21 DRAWN BY: NTP SHEET: 4
JOB NUMBER: J-27388.0004 REVIEWED BY: WAW SCALE: 1" = 30'
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Myrtle Beach, SC 29577 • 843.839.3545
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REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM THE ESRI STREETMAP VIEWER. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS STATED
OTHERWISE.
C
1
s
Site
SITE VICINITY EXHIBIT
WESTGATE PROPERTIES
LELAND, BRUNSICK COUNTY, NORTH CAROLINA
SCALE:
1"=0.5miles
DATE:
4-16-21
PROJECT NUMBER
213879
FIGURE NO.
1
ages, Lealand, NC\GIS\Permit MXDs\FIG4_AERIAL WOTUS.mxd plotted by rsims 04-19-2021
0
v
a
v
0
Drawing Path: \\EgnyteDrive\Ops\ENV\Projects\2021\213879 Thomas & Hu
REFERENCE:
GIS BASE LAYERS WERE OBTAINED FROM ESRI AERIAL IMAGERY. THIS MAP IS FOR
INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE
APPROXIMATED. THEY ARE NOT BASED ON CIVIL SURVEY INFORMATION, UNLESS
STATED OTHERWISE.
0
400
800
Feet
tit
•
t:.
JURISDICTIONAL FEATURES EXHIBIT
WESTGATE PROPERTIES
LELAND, BRUNSWICK COUNTY, NORTH CAROLINA
Q Site
Wetland = 0.095 Acres
SCALE:
1 " = 400 feet
DATE:
4-16-21
PROJECT NUMBER
213879
FIGURE NO.
Requestor:
Address:
Telephone Number:
E-mail:
Size (acres)
Nearest Waterway
USGS HUC
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2006-00669 County: Brunswick U.S.G.S. Quad: NC- Winnabow
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Southern Environmental Group Inc.
David Scibetta
5315 S College Road Suite E
Wilmington, NC 28412
910-452-2711
DScibetta(asegi.us
134
Jackevs Creek
NeareTon Leland
River Basinst w
Cape Fear
03030005 Coordinates Latitude: 34.20608
Longitude: -78.01336
Location description: Property is known as Westgate and consists of seven tracts located east of U.S. Highway 17 and south of
Ploof Road (SR 1566), along West Gate Drive and Ocean Gate Plaza Ext., Leland, Brunswick County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated. Therefore this
preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B.
Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
® The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 5/17/2019. We strongly
SAW-2006-00669
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on. Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Jordan E. Jessop at 910-251-4810 or
i ordan.e.jessop(&,usace.army.mil.
C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination
form dated 07/22/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 09/20/2019.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Digitally signed by
JESSOPJORDAN.E.1515090548
Date of JD: 07/22/2019 Expiration Date of JD:07/20/2024
SAW-2006-00669
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm apex/f?p=136:4:0
Copy furnished:
Agent: Southern Environmental Group Inc.
David Scibetta
Address: 5315 S College Road Suite E
Wilmington, NC 28412
Telephone Number: 910-452-2711
E-mail: DScibetta(asegi.us
Property Owner:
Nathan Sanders
Address: 10 S CARDINAL DRIVE
Wilmington, NC 28403
Telephone Number: 910-262-7392
E-mail: nathan(a�sancohomes.com
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Southern Environmental Group Inc.. David
File Number: SAW-2006-00669
Date: 07/22/2019
Scibetta
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑ PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑ PRELIMINARY JURISDICTIONAL DETERMINATION
SECTION I - The following identifies your rights and options
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
regarding an administrative appeal
E
of the above decision.
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal
• ACCEPT: If you received a Standard Permit, you may
authorization. If you received a Letter of Permission (LOP),
signature on the Standard Permit or acceptance of the
rights to appeal the permit, including its terms and conditions,
permit.
• APPEAL: If you choose to decline the proffered permit
you may appeal the declined permit under the Corps of
this form and sending the form to the division engineer.
of the date of this notice.
the permit
sign the permit document and return
you may accept the LOP and
LOP means that you accept the permit
and approved jurisdictional
(Standard or LOP) because of
Engineers Administrative Appeal
it to the district engineer for final
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
This form must be received by
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED JURISDICTIONAL DETERMINATION:
information.
• ACCEPT: You do not need to notify the Corps to accept
date of this notice, means that you accept the approved
• APPEAL: If you disagree with the approved JD, you
Administrative Appeal Process by completing Section
You may accept or appeal the approved JD or provide new
an approved JD. Failure to notify the Corps within 60 days of the
JD in its entirety, and waive all rights to appeal the approved JD.
may appeal the approved JD under the Corps of Engineers
II of this form and sending the form to the district engineer. This form
of the date of this notice.
must be received by the division engineer within 60 days
E: PRELIMINARY JURISDICTIONAL DETERMINATION:
preliminary JD. The Preliminary JD is not appealable. If you
You do not need to respond to the Corps regarding the
wish, you may request an approved JD (which may be appealed),
you may provide new information for further consideration by the
by contacting the Corps district for further instruction. Also
Corps to reevaluate the JD.
ir lir
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED
PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your
proffered permit in clear concise statements. You may attach
objections are addressed in the administrative record.)
reasons for appealing the decision or your objections to an initial
additional information to this form to clarify where your reasons or
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,
the Corps memorandum for the
officer has determined is needed to
or analyses to the record.
is already in the administrative
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
information that the review
Corps may add new information
the location of information that
However, you may provide additional information to clarify
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Jordan E. Jessop
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
If you only have questions regarding
also contact:
Mr. Jason Steele, Administrative
the appeal process you may
Appeal Review Officer
South Atlantic Division
CESAD-PDO
U.S. Army Corps of Engineers,
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wihnington Regulatory Division, Attn: Jordan E. Jessop, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 07/22/2019
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Westgate Tracts, SAW-2006-00669
C. PROJECT LOCATION AND BACKGROUND INFORMATION: Property is known as Westgate and consists of seven tracts
located east of U.S. Highway 17 and south of Ploof Road (SR 1566), along West Gate Drive and Ocean Gate Plaza Ext., Leland, Brunswick
County, North Carolina.
State: NC County/parish/borough: Brunswick City: Leland
Center coordinates of site (lat/long in degree decimal format): Lat. 34.20608 , Long. -78.01336
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Jackeys Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows:
Name of watershed or Hydrologic Unit Code (HUC): 03030005
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different
JD form:
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date: 07/22/2019
®Field Determination. Date(s): 04/30/2019
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review
area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
❑ TNWs, including territorial seas
®Wetlands adjacent to TNWs
❑ Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: linear feet, wide, and/or acres.
Wetlands: 0.15 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):3
® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain: Upland -dug ditches on parcels 480004202 and 470002432, south of West Gate Drive. The ditch originates south of
West Gate Drive, and ends abruptly at an existing development, with no culvert or other observable hydrologic connection
to jurisdictional aquatic resources.
SECTION III: CWA ANALYSIS
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section HI.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW: Jackey's Creek.
Summarize rationale supporting determination: Jackey's Creek is a tidal creek that flows directly to the AJWW.
2. Wetlandadjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": Wetlands on the subject property are abutting/continuous
with wetlands directly abutting the run of lackey's Creek.
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i)
General Area Conditions:
Watershed size:Pick List
Drainage area:Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick Listtributaries before entering TNW.
(b)
Project waters are Pick Listriver miles from TNW.
Project waters are Pick Listriver miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs:
Tributary stream order, if known:
General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West.
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
❑ Concrete
❑ Muck
Tributarycondition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for:Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List.Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑OHWM6(check all indicators that apply):
❑clear, natural line impressed on the bank
changes in the character of soil
❑shelving
vegetation matted down, bent, or absent
❑leaf litter disturbed or washed away
❑sediment deposition
water staining
Pother (list):
❑ Discontinuous OHWM.7 Explain:
❑ the presence of litter and debris
❑ destruction of terrestrial vegetation
❑ the presence of wrack line
❑ sediment sorting
❑ scour
❑ multiple observed or predicted flow events
❑ abrupt change in plant community
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑Mean High Water Mark indicated by:
❑oil or scum line along shore objects ❑ survey to available datum;
❑fine shell or debris deposits (foreshore) ❑ physical markings;
❑physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑tidal gauges
Pother (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑Wetland fringe. Characteristics:
❑Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i)
Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b)
General Flow Relationship with Non-TNW:
Flow is:Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick Listriver miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
▪ Vegetation type/percent cover. Explain:
▪ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres)
Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream food webs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IILD:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section IILD:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet, wide, Or acres.
®Wetlands adjacent to TNWs: 0.15 acres.
2. RPWs that flow directly or indirectly into TNWs.
❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW
is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
'See Footnote # 3.
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that
tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW:
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):1°
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet, wide.
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
▪ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
®Other: (explain, if not covered above): Upland -dug ditches on parcels 480004202 and 470002432, south of West Gate Drive. The
ditch originates south of West Gate Drive, and ends abruptly at an existing development, with no culvert or other observable
hydrologic connection to jurisdictional aquatic resources. The ditch is approximately 600 linear feet.
9To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑Non -wetland waters (i.e., rivers, streams):linear feet, wide.
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: "Wetland Exhibit, Westgate Properties, daed
5/17/2019"
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
Z USGS 8 and 12 digit HUC maps. 03030005 Brunswick River -Cape Fear River
Z U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Winnabow
❑ USDA Natural Resources Conservation Service Soil Survey. Citation: NRCS SSURGO Data layer: Foreston loamy fine sand,
Baymeade fine sand, Blanton fine sand.
National wetlands inventory map(s). Cite name: USFWS WI kmz Layer: PFO1/2F
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ®Aerial (Name & Date): Google Earth Aerial Imagery, dated 02/05/2019
Or ❑Other (Name & Date):
Previous determination(s). File no. and date of response letter: SAW-2006-00669, 03/03/2014
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify): An additional data point was collected by the consultant on May 8, 2019 in the area adjacent to
the upland -dug ditch described in Section III.F. This area was found to have hydrophytic vegetation but not hydric soils or
wetland hydrology.
®❑❑® ❑❑❑❑®
B. ADDITIONAL COMMENTS TO SUPPORT JD: The wetland documented here is a jurisdictional Water of the United States
under jurisdiction of the Clean Water Act.
■ ■...
—BM'. NC DEPARTMENT OF
■ EI= NATURAL AN❑ CULTURAL RESOURCES
■.■■■
April 16, 2021
Rebeckah Sims
S&ME
2016 Ayrsley Town Blvd.
Charlotte, NC 28273
RE: Cape Cottages ; 213879
Dear Rebeckah Sims:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Walter Clark
Director, Division of Land and Water Stewardship
NCNHDE-14484
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/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.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodnev.butlerncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 'M9.707.9120 • FAX 919.707.9121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Cape Cottages
Project No. 213879
April 16, 2021
NCNHDE-14484
Element Occurrences Documented Within Project Area
Taxonomic EO ID Scientific Name Common Name lement Accuracy Federal State Global State
Group Observati Occurrence Status tatus Rank Rank
Dat Rank Ji
Freshwater Fish32331 Enneacanthus obesus Banded Sunfish
Freshwater Fish36921 Notropis chalybaeus Ironcolor Shiner
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area*
-d Area Name
Town of Leland Open Space
1962-06-29 H 3-Medium Significantly G5 S3
Rare
1962-06-29 H 3-Medium Significantly G4 S2S3
Rare
Owner Owner Type
Town of Leland Local Government
NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve
(DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project.
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on April 16, 2021; source: NCNHP, Q4 January 2021. 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 4
Taxonomic
Group
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Cape Cottages
Project No. 213879
April 16, 2021
NCNHDE-14484
Element Occurrences Documented Within a One -mile Radius of the Project Area
EO ID cientific Name Common Name
Observation
Date im
Element Accuracy Federal
Occurrence Status
Rank
State
Status
i
Global State
Rank Rank
1
Butterfly 35197 Erynnis martialis
Dragonfly or 33738 Somatochlora
Damselfly
Freshwater Fish32331
Freshwater Fish36921
Reptile 3970
Vascular Plant 7452
Vascular Plant 9055
Vascular Plant
Vascular Plant
Vascular Plant
18345
18994
22
georgiana
Enneacanthus obesus
Notropis chalybaeus
Alligator
mississippiensis
Amorpha confusa
Arnoglossum ovatum
var. lanceolatum
Platanthera nivea
Rhynchospora tracyi
Utricularia olivacea
Mottled Duskywing
Coppery Emerald
Banded Sunfish
Ironcolor Shiner
American Alligator
Savanna Indigo -bush
Savanna Indian -
plantain
Snowy Orchid
Tracy's Beaksedge
Dwarf Bladderwort
1945-06-22 X
2004-Pre H?
1962-06-29
1962-06-29
2018-02-26
1952-06-15
1980-08-22
1938-07-07
1972-10-01
1972-10
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name caner
Town of Leland Open Space Town of Leland
Town of Belville Open Space Town of Belville
H
H
E
H
H
H
H
H
4-Low
5-Very
Low
3-Medium
3-Medium
4-Low Threatened
Similar
Appearance
3-Medium
4-Low
4-Low
4-Low
4-Low
er Type
Local Government
Local Government
Significantly G3 S2
Rare
Significantly G3G4 S1?
Rare
Significantly G5 S3
Rare
Significantly G4 S2S3
Rare
Threatened G5 S3
Threatened G3T3 S3
Endangered G4G5T S2
NR
Threatened G5 SH
Threatened G4 S2
Threatened G4 S2
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on April 16, 2021; source: NCNHP, Q4 January 2021. 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 3 of 4
April 16, 2021
O
O
Project Boundary
Buffered Project Boundary
Managed Area (MAREA)
NCNHDE-14484: Cape Cottages
1:26,619
0 0.225 0.45
0.9 mi
0 0.35 0.7
1.4 km
Sources' Esri, HERE, Garmin,, Intermap, increment P Corp_, GEBCO, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esn Japan,
METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 4 of 4
x
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: 04EN2000-2021-SLI-1028
Event Code: 04EN2000-2021-E-02272
Project Name: Cape Cottages - Residential Development
April 16, 2021
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 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
04/16/2021
Event Code: 04EN2000-2021-E-02272 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/CurrentBirdlssues/Hazards/towers/towers.htm; http://
www.towerkill.com; and http://www.fws.gov/migratorybirds/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.
04/16/2021
Event Code: 04EN2000-2021-E-02272 3
Attachment(s):
• Official Species List
04/16/2021
Event Code: 04EN2000-2021-E-02272 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
04/16/2021
Event Code: 04EN2000-2021-E-02272 2
Project Summary
Consultation Code: 04EN2000-2021-SLI-1028
Event Code: 04EN2000-2021-E-02272
Project Name: Cape Cottages - Residential Development
Project Type: DEVELOPMENT
Project Description: Property is known as Westgate and consists of seven tracts located east of
U.S. Highway 17 and south of Ploof Road (SR 1566), along West Gate
Drive and Ocean Gate Plaza Ext., Leland, Brunswick County, North
Carolina.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@34.20512975,-78.01193130977822,14z
11
119F•$raa�t'
Counties: Brunswick County, North Carolina
04/16/2021
Event Code: 04EN2000-2021-E-02272 3
Endangered Species Act Species
There is a total of 14 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
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
West Indian Manatee Trichechus manatus
There is final critical habitat for this species. The location of the critical habitat is not available.
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
STATUS
Threatened
04/16/2021
Event Code: 04EN2000-2021-E-02272 4
Birds
NAME
STATUS
Piping Plover Charadrius melodus
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Wood Stork Mycteria americana
Population: AL, FL, GA, MS, NC, SC
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8477
Reptiles
NAME
Threatened
Threatened
Endangered
Threatened
STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile: https://ecos.fws.gov/ecp/species/776 (Threatened)
Green Sea Turtle Chelonia mydas Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/6199
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
Leatherback Sea Turtle Dermochelys coriacea
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https://ecos.fws.gov/ecp/species/1110
Endangered
Endangered
Threatened
04/16/2021
Event Code: 04EN2000-2021-E-02272 5
Snails
NAME
Magnificent Ramshorn Planorbella magnifica
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6216
Flowering Plants
NAME
STATUS
Candidate
STATUS
Cooley's Meadowrue Thalictrum cooleyi
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8549
Endangered
Endangered
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.