Loading...
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. Q E 0 2 V S 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 a 0 0 cn clfj 0 0 r- 3 0 0 ro rn N OD ---,---------'777, J �,✓ Vir,i to / • • is / �., �7 � r. L I } E�• i* ' `� a•�� • C. /J/{/ ` \ 't 68� Fh -ct4 Kai J � Yy _ 4 'T { jam• / U.S. HIGHWAY 17,E—� SITE • ` • a - !._. LAT: 34°12'33"51 LONG:-78°00'45" fl� � _ 1� } 4 ��"• \ ...f'. x. `` \C::) . D op . ....4.6.:ik 4,,,skritio-r: ,„, .t. _"' �ii, 'f-, _ is .,_ T.. _ _ ✓�,,_ emu` _'� ` _ j. fir-'— �}.t:•.- �' 'L ! _ JACKEYS CREEK = -- J • 11101i ;�- ''av 1L, = i-. � ice/ + rry„. -N74. • f • _— �A� Sheet List Table • ---r, , • ,, Sheet Number Sheet Title - at, _ 1 Cover Sheet . 2 Wetland Permit Key Map 3 Wetland Impact Plan 4 Wetland Impact Cross Section & Summary /,d.'t 1A \ I N24 - 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' & HUTTON 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com a a a ibits\Wetland Z:\27366\27368.0004\Engineering\Drawings\E ..— ANGEL'S WAY SUMMER BAY VILLAS DEVELOPMENT ENTRANCE TR-5 MF-M S WGTRACT5 LLC 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' T THOMAS a HUTTON 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com a a CO ro 1 1 • b s Ak\killi° II A`kk*‘,' "" 444 • ." 1 \ \\ „, t 105 LF 30" RCP° ,CULVERT UNDER • A ROAD CROSSING / HW 1', .141 \ •/ s T W: 20.11 INV. IN: 16.82 (SE) �� `, A,4".*4f, ww 1► - y �� �i� �A i` ��. ,` 4W6440. 4 4 Itt,...„..id.„. ,,- "pram h room g A__ 4 , , -A, r 7 11041,L. , WETLAND IMPACT #I (± 0.095 AC) • ^fir I I A v� .... �<� ,�5� RCP �BR KEN 4`�1•- ED BURIED, I HW TW: 20.43 I e S° INV. OUT: 17.14 (NW) k1I/I iir I /, . � I ar 1!:itII � iiip- I a I I II..___ CAPE COTTAGES WETLAND PERMIT DRAWINGS THOMAS 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' & HUTTON 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 www.thomasandhutton.com a m 0 E E131 0 O 0 CO m CO N SUMMARY LEGEND WETLAND IMPACTS +..::'.' •aaO.4 WETLAND IMPACT IMPACT #I ± 0.095 AC TOTAL PROPOSED IMPACT: ± 0.095 AC 1- ~ U U a a a a Li_ p L p O Z O Z I - J I- F M W : W J3 J3 40 1� 40 30 HEADWALL � PROPOSED GRADE HEADWALL 1 30 20 — — yam_ — : • . . • • . . - -.-ter EXISTING GRADE -. � _ i 20 10 0 10 0 -20 -10 0 10 20 30 40 50 60 70 80 90 STA: 1+40.03 SCALE: HORZ.: 1" VERT.: 1" 100 110 120 130 140 150 160 = 30' = 30' 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' & HUTTO N 611 Burroughs & Chapin Blvd. • Suite 202 Myrtle Beach, SC 29577 • 843.839.3545 WWW.thomasandhutton.com 8LL ITS-'7•iR7Sdi7iil82fN�TTdf R[f�PT https://nc.maps.arcgis.com/apps/webappviewer/index.html?id=79ea671 ebdcc45639f0860257d5f5ed7 HPOWEB 2.0 7.1 ille * :33 House a ME7 nolo ;CDN {PLinbiro n 0. 1" Sa co 2 1' 0 U 0 iVegmlu Greens Golf Planlanon --78.055483 34.255468 Degrees —,s ose Oi6rni 4 rk Find addressmistoric resource 2 John and Mary n •ia3 House W O495 Ck�renceAlslo Old F Rd NE y ■ OM \■ EW HAP ER BRUNSWICK Ecr9490 9'a Belvllle Jos pN0555 House 7 T;?•����v FaE Zion Church Chapel P4 BRUNSWICK `.ND402 SI Thomas Cemetery Andrew Jackson Nw! Mold �� oc090 Q 1 - r c65t. - N 0\de 7pwne',• N 1. n S owe7ownc WY� ,:, eK t se... , is Project Location .th Carolina DOT Esri, HERE. Garr. n. ]PICREV'E No historic sites present within the vicinity of the project site. tapes, Lealand, NC\GIS\Permit MXDs\FIG1_VICINITYmxd plotted by rsims 04-19-2021 Drawing Path: T:\ENV\Projects\2021\213879 Thomas & Hutton, Cape 0 1 Easy,Hill 2 Miles 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.