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HomeMy WebLinkAbout20210573 Ver 1_ePCN Application_20211004DWR Dlrlslon of Water Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20210573 1 Is a payment required for this project?* * No payment required What amout is owed?* r Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Wilmington Regional Office - (910) 796-7215 Holley Snider:eads\hasnider Information for Initial Review la. Name of project: Stanley Martin Homes Cannon Tract la. Who is the Primary Contact?* Kim Williams - Land Management Group 1b. Primary Contact Email:* 1c. Primary Contact Phone:* kwilliams@lmgroup.net (910)452-0001 Date Submitted 10/4/2021 Nearest Body of Water UT of Town Creek Basin Cape Fear Water Classification C; Sw Site Coordinates Latitude: Longitude: 34.181298-78.103500 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project r Yes r No Is this project a public transportation project?* r Yes r No Pre -Filing Meeting Information Is this a courtesy copy notification?* r Yes r No ID# 20210573 Pre -fling Meeting or Request Date 3/17/2021 Attach documentation of Pre -Filing Meeting Request here: nick the upload button or drag and drop files here to attach document Pre -Filing Request.pdf File type must be FCF 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* r Yes r No 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) r Regional General Permit (RGP) r Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: fJ 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 DWR401 Certification: For the record only for Corps Permit: Version 1 49.18KB r 401 Water Quality Certification - Egress r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown 1j. Is the project located in a designated trout watershed? r Yes r No B. Applicant Information 1d. Who is applying for the permit? r Owner 9 Applicant (other than owner) le. Is there an Agent/Consultant for this project?* r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: J Earp LLC 2b. Deed book and page no.: r Yes r No r Yes r No 2c. Contact Person: Jeff Earp 2d.Address Street Address 1007 Evangeline Drive Address Line 2 city Leland Postal / Zip Code 28451 2e. Telephone Number: (910)383-1425 2g. Email Address:* jearp@brunsvAckforest.com 3. Applicant Information (if different from owner) 3a. Name: Robert Bennett 3b. Business Name: Stanley Martin Homes 3c.Address Street Address 4006 St. James Drive Address Line 2 city St. James Postal / Zip Code 28461 3d. Telephone Number: (910)400-8589 3f. Email Address:* BenneftRM@stanleymartin.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Land Management Group 4c.Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kWiliams@lrrigroup.net State / Rwince / lagion NC Country USA 2f. Fax Number: State / Rmir ce / Region NC Country USA 3e. Fax Number: State / Rwince / Pegion NC Country USA 4e. Fax Number: (910)452-0060 C. Project Information and Prior Project History U 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Leland 2, Project Identification 2a. Property Identification Number: 0570000101 & portion of 0560005101 2b. Property size: 151.1 2c. Project Address Street Address Old Town Creek Rd NE Address Line 2 City Leland Postal / Zip Cate 28451 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* UT of Town 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. 030300050601 4. Project Description and History State / Rovince / Fegion NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The site is mostly undeveloped and forested. Historically the tract has been used for silvicultural production. Several dirt roads extend throughout the site. Two streams run the length of the site in the eastern section. Jurisdictional and non -jurisdictional wetlands are scattered throughout the site. Adjacent land use is 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes r No r- Unknown 4f. List the total estimated acreage of all existing wetlands on the property: - 26 acres (22 acres jurisdictional and 4 acres isolated) 4g. List the total estimated linear feet of all existing streams on the property: - 4200 LF 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a residential subdivision within the tract to serve the housing needs of Brunswick County. Jurisdictional wetland and stream impacts are needed for road crossings to provide access throughout the site. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project consists of constructing a residential development with 280 single-family lots. Stormwater ponds are planned throughout the site as well. Note that the developer is purchasing one tract and a portion of another tract. Town of Leland is requiring the developer to plan development to allow eventual connection to adjacent tracts. However, the applicant does not own these tracts and will not be developing the properties. The limits of disturbance will be cleared of vegetation and graded. Utilities and stormwater facilities will be installed. Homes will then be constructed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Paul Farley Agency/Consultant Company: Land Management Group Other: r Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Gary Beecher approved the dleineation during a site meeting in February of 2021 and confirmed that non-jd wetlands are isolated. A JD has not yet been issued. Robb Mairs with NC DWR performed a stream determination on site. He also assessed the non-jd wetlands and determined that they were isolated and pocesin habitat. 6. Future Project Plans 6a. Is this a phased project?* r Yes r No 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? No F. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries f Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type * (?) 2c. Type of W.* 2d. W. name * 2e. Forested * 2f. Type of 2g. Impact Jurisdicition*(?) area Road Crossing P Non-Riverine Swamp Forest WA Yes Both 0.130 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.130 2g. Total Wetland Impact 0.130 2i. Comments: Additionally, apprommately 4 acres of isolated pocosin wetlands will be impacted. 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact * 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width* 3h. Impact ❑ (?) Jurisdiction* length* S1 Road Crossing 9 Permanent Culvert WA Intermittent Both 4 60 Average (feet) (linearfeet) S2 Road CrossingPermanent Culvert JNIA Intermittent Both 4 43 Average (feet) (lir�rfeel) Road Crossing 9Average Permanent Culvert JNIA Intermittent Both (feet) (lir�rfeet) � Road Crossin Permanent Culvert JNIA Intermittent BothgAverage (feet) (linearfeet) S5 Road CrossingPermanent Culvert WA Intermittent Both 4 79 Average (feet) (linearfeet) S6 Road Crossing 9 Permanent Culvert WA Intermittent Both 4 Average(feet)]L3 r feet) 31. Total jurisdictional ditch impact in square feet 0 31. Total permanent stream impacts: 3i. Total temporary stream impacts: 454 0 31. Total stream and ditch impacts: 454 3j. Comments: Acreage of stream impact is 0.042 acre E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Lots were planned to avoid jurisdictional wetlands and most streams. Streams run the entire length of the site and avoiding them completely was not possible. Additionally, the Town encourages interconnectivity within a development to allow multiple ways in/out. Therefore, several crossings are needed to provide access to lots. Bridges were determined to be economically infeasible. Stream and wetland crossings were narrowed as much as possible in the design. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A sedimentation and erosion control permit and stormwater permit will be obtained prior to construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes r No 2c. If yes, mitigation is required by (check all that apply): W DWR W Corps 2d. If yes, which mitigation option(s) will be used for this project? W Mitigation bank r Payment to in -lieu fee r Permittee Responsible program Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: LCFUMB (wetland) & NECFUMB (stream) 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Stream 454 Non -riparian wetland 0.2 3c. Comments 6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information. r Yes r No 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? r Yes r No If no, explain why: Project is located within the Cape Fear River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 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? r Yes r No r N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: r Local Government 9 State State Stormwater Programs r Phase II P Coastal Counties r MWQ or ORW r Other Comments: Engineer is currently preparing a stormwater plan. 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?* r' Yes C No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. The Town of Leland is requiring that the developer stub out roads that vdll eventually lead to adjacent sites to provide interconnectivity. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Subdivision will tie into the municipal wastewater treatment system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur within the site. There is one occurrence (1994) of the federally listed red -cockaded woodpecker within a one mile radius of the site. However, the site has been used for silvicultural production and has been periodically logged. It does not provide suitable habitat for the RCW. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal and/or marine habitat and would not be found within the site. Channels on site do not appear to be large enough to provide suitable habitat for the American alligator. Forested areas within the site may provide suitable roosting habitat for the northern long-eared bat. Since no hibernacula or maternity roosting trees are known to occur in the area, any adverse effect from tree clearing would be exempt by the 4(d) rule. The site does not appear to provide suitable habitat for any other species known to occur in the area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA 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?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Engineer will ensure that FEMA requirements are met. 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center website was reviewed. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach docurrent Cannon Attachments.pdf 9.25MB File rrust be FLF or 111W Comments Signature * W By checking the box and signing below, I certify that: • 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: Kim Williams Signature vt&� �il�ca�d Date 10/4/2021 ID#* 20210573 Version* 1 Regional Office * Wilmington Regional Office - (910) 796-7215 Reviewer List* Robb Mairs Pre -Filing Meeting Request submitted 3/17/2021 Contact Name* Kim Williams - Land Management Group Contact Email Address* kwilliams@Imgroup.net Project Name* Cannon Tract Project Owner* Greg Wayne - Hanover Design Project County* Brunswick Owner Address: Street Address 1123 Floral Parkway Address Line 2 aty State / Province / Region Wilmington NC Postal / Zip axle Country 28403 us Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express F- Individual Permit F- Modification F Shoreline Stabilization Does this project have an existing project ID#?* C Yes (-- No Do you know the name of the staff member you would like to request a meeting with? Robb Mairs Please give a brief project description below and include location information.* Potential residential subdivision Please give a couple of dates you are available for a meeting. 3/22/2021 Please attach the documentation you would like to have the meeting about. LO Cannon Tract Combined NWPR FINAL.pdf 2.14MB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. 1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. 1 also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 3/17/2021 LMG LAND MANAGEMENT GROUP a DAVEY. company October 4, 2021 TO: US Army Corps of Engineers NC Division of Water Resources 69 Darlington Avenue 127 Cardinal Drive Extension Wilmington, NC 28403 Wilmington, NC 28405 RE: Stanley Martin Homes Cannon Tract; Brunswick County, NC NWP 14 Application Action ID# SAW-2020-01466 DWR Project # 20210573 To Whom It May Concern: On behalf of Stanley Martin Homes, Land Management Group is submitting a Pre -Construction Notification form and associated attachments for the Stanley Martin Homes Cannon Tract, located off Old Town Creek Road NE in Leland, NC. The purpose of the project is to construct a residential subdivision within the tract to serve the housing needs of Brunswick County. The project proposes to impact 0.13 acre of jurisdictional wetlands and 454 LF of intermittent stream for road crossings to provide access throughout the site. The applicant proposes to purchase 0.2 acre of wetland credit from the Lower Cape Fear Umbrella Mitigation Bank and 454 LF of stream credit from the Northeast Cape Fear Umbrella Mitigation Bank to compensate for these impacts. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Stanley Martin Homes Cannon Tract PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. 2016 Aerial Photograph 3.0 SITE PLAN DRAWINGS (SHEETS 1— 9) Sheet 1. Overall Site Plan Showing Proposed Impacts Sheet 2-4. Close Up Views Sheets 5-9. Detail Drawings of Individual Impacts 4.0 WETLAND AND STREAM INFORMATION USACE and DWR Approved Wetland Map DWR Stream Documentation 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 6.0 LCFUMB & NECFUMB CREDIT RESERVATION LETTERS 1.0 AGENT AUTHORIZATION FORM 4� LMG LAND MANAGEMENT GROUP a DAVEY company AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the preparation and representation of information related to the Section 404 401 permit application for Stanley Martin Homes; Cannon Tract located in Brunswick County, NC. All questions regarding this project should be directed to Land Management Group, Sincerely, Applicant Print Name Date www.lmgroup.net • info@lrngroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. 2016 Aerial Photograph Galt Club 100 d - kr.v `gJ 7A m HE b `, s n m Site c`c y� SO n D -Cape Fen, Nal'IM _ BrunvauL Fo rav 1 LNInllAh ov: '00/ e". Senmv .� H;.7 1-/ 17 4@ y 2 Furth. Rd SE �R 4S1�' 1N;Ibl Br nfLL t. ` A - - - Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri - - China (Hong Kong)p�,EsFi'Kbrea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and th`e GIs - User Community m N 0 0.5 1 2 Boundaries are approximate and not meant to be absolute. Miles Map Source: World Street Map Scale applies to 11X17" print. Stanley Martin Homes 4LMG Cannon Tract Figure 1. Brunswick County, NC LAND mANACEMEyNCGROUP a DWETY rompany Vicinity Map 3805 Wrightsville Avenue LM G21.087 Wilmington, NC 28403 (910)452-0001 — -AL4- Site A-, 5'Y - � �h s a ■ Si Jamf 4, 4 f Lim Unil N 0 400 800 1,600 Boundaries are approximate and not meant to be absolute. Feet Map Source: Topographic Mosaic for Brunswick County Scale applies to 11 X17" print. Stanley Martin Homes 4LMG Cannon Tract Brunswick County, NC LAND mANAGEMENT'GROUP a awky#- rompany Figure 2. Topographic Map LMG21.087 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 MU LU PINECLIFF Site N 0 300 600 1,200 Boundaries are approximate and not meant to be absolute. Feet Map Source: WebSoil GIS Data Scale applies to 11 V T print. Stanley Martin Homes 4LMG Cannon Tract Figure 3. Brunswick County, NC LAND mANAGEMENTGROUP Soils Ma uskr#- rompany p 3805 Wrightsville Avenue LMG21.087 Wilmington, NC 28403 (910) 452-0001 Poundaries are approximate and not meant to be absolute. Map Source: 2016 GIS World Imagery Stanley Martin Homes Cannon Tract Brunswick County, NC LMG21.087 L M G LAND MANAGEMENT'GROUP a h91EYA rompany 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 300 600 1,200 Feet Scale applies to 11 X17" print. Figure 4. 2016 Aerial Photograph of Site 3.0 SITE PLAN DRAWINGS (SHEETS 1- 9) Sheet 1. Overall Site Plan Showing Proposed Impacts Sheet 2-4. Close Up Views Sheets 5-9. Detail Drawings of Individual Impacts ,M` m v°muv>. •: �::^'�'^ �. ,�".'F'i:'m.>�:-.'.L:a ISYBZ ']'N '4Ntl"13l Knniuu F 31R10 3NI73oil L00! 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Z Z w � w�. ullnn ®GGp GGp aaaaaaa ease aaaaaoa ease 9�a@000 Ea00 ------------------ \ CD mco A \ \ m N N `r Q 1 \ a \ m\ zi N Qowzw /Z-��j V � N / h' sC N \ u N\i ££C LL \ ¢ G \ d u cc ^ \/ � 3 H m \ u a u N m 5—r u 'A) M M N \CL \ £ £ M \ M S N1 � o� m dI 19§ I N a I weYao. 1 `ip I O ��4ll £ N d Q O s■'3�4 0 U N -- w gn� O j i Z � J Rif Q I � S — Z 5 N S S uj ai Oc7 } ti a Q> Ln _jo 0 Lr)aU LO ¢ Q � ��,• 2P� do . � �i � Z OLU O _'.�o•N n u n`"PG`A` P,; zw[ifCN O Z Q < (-) o O o LU aOf Of oZ Z w W Z o U a-z 4.0 WETLAND AND STREAM INFORMATION USACE and DWR Approved Wetland Map DWR Stream Documentation LL c s � U . ) S IM CD M N N O £ N N • � � xE;y fir. �♦� � � � � � a • a �� I � N N ¢ «{ '� M �w� r A2 � ` N •• N • Z L c a 0 N O <0 O N £ • N � C < O O W ¢ o � Z U — 1 d Y VJ U o N "3 0 0 Z Z :.. z ._. N �G4�jj, or0�. N U Z N f0 O r T N O] O N 7 O o U 14 a U U m � a u LL: O m LO J J a I� m m i i ^ o a o 0 #2 M ca O (n O N 9 y` z't � r O O y _ J O Ot O Q w M N M W LO fd C fd C U) U) fd C J m o v g i 00 . � O O O O O o D¢ Z m m - it14T <N O w x 0 w - U "a C in N a o aZ o '� o Q o o o (a o ° d D z z z 0 Qoo o c0 o J d'i O O C, DocuSign Envelope ID: 520489BD-C6AE-41AB-8CEA-OC416FC4OD2 ROY COOPER Governor DIONNE DELLFGATT! Secretary S. DANIEL SMITH Director Land Management Group Attn: Paul Farley 3805 Wrightsville Ave; Suite 15 Wilmington, NC 28403 NORTH CAROLINA Environmental Quality April 6, 2021 Subject: Stream Determination # 2021-001 Cannon Tract - Brunswick County Dear Mr. Farley: On March 31, 2021, at your request, Tyler Benson and Robb Mairs, NC Division of Water Resource (NCDWR) staff, conducted an on -site determination to determine the ephemeral/intermittent (E/I) points of two separate streams at the proposed Cannon Tract project location. The enclosed map dated April 5, 2021 depicts the E/I point and whether a feature has been determined to be a stream or not. This drawing has been signed and is valid for 5 years. This on -site determination shall expire five (5) years from the date of this letter. Landowners or other affected parties that dispute a determination made by DWR or a delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of the date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for determination by the Director shall be referred to the Director in writing c/o Paul Wojoski, DWR 401 & Buffer Permitting Unit, 1617 Mail Center, Raleigh, NC 27699-1617. This determination is final and binding unless you ask for a hearing within 60 days. The owner/future owners should notify the Division (including any other local, state and federal agencies) of this determination concerning any future correspondence regarding the subject property. This project may require a Section 404/401 Water Quality Certification for the proposed activity. Any inquiries should be directed to Tyler Benson of the DWR at 910.796.7215 and Gary Beecher of the U.S. Army Corps of Engineers at 910.251.4487. North Carolina Department of Environmental Quality I Division of Water Resources �iIH i_Ai�r;L Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 fJ�1}Jr1 � napanmem at enr+ranmemel oallty 910.796.7215 DocuSign Envelope ID: 520489BD-C6AE-41AB-8CEA-OC416FC40D2F Page 2 of 2 Please contact Tyler Benson at 910.796.7215 or tyler.bensonpncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: El�(tr �jc �n sain 06DCAE2DD754468... Tyler Benson Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDWR Enclosures Cc: Gary Beecher, US Army Corps of Engineers, Wilmington Field Office Paul Wojoski, 401 Wetlands and Buffers Unit WiRO NC DWQ Stream Identification Form Version 4.11 Date: March 31, 2021 Project/Site: Cannon Tract Latitude: 34.182507 Robb Mairs (Cert. No. 915-1116) Evaluator: Tyler Benson (Cert. No. 1109-1020) County: Brunswick Longitude:-78.104569 Total Points: Stream De ircle one) Other Stream is at least intermittent if>_ 19 or perennial if>_ 30` Score: 19.75 Points E hemeral Intermittent Perennial p e. Quad Name: " g� S3" A. Geomorphology (Subtotal = ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 �/ 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel �/ No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 6.5 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 V 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 6.25 ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 V/ 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75- OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Amphipod Sketch: Tadpole Crayfish NC DWQ Stream Identification Form Version 4.11 Date: March 31, 2021 Project/Site: Cannon Tract Latitude: Tyler Benson (Cert. No. 1109-1020) Evaluator: Robb Mairs (Cert. No. 915-1116) County: Brunswick Longitude: Total Points: Stream Det ircle one) Other Stream is at least intermittent if>_ 19 or erennial if>_ 30* Score: 21.25 Points E hemeral Intermittent Perennial P e. . quad Name: "S4" 9 A. Geomorphology (Subtotal = 0 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 `/ 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel \/ No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 6.5 ) 12. Presence of Baseflow 0 �/ 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 V 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 �/ Yes = 3 C. Biology (Subtotal = 6.75 ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks �/ 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed EACW = 071 OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Amphipods Sketch: Crayfish 2x Tadpoles Fishing Spider 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List women NC DEPARTMENT OF -r e on-r ■m NATURAL AND CULTURAL RESOURCES ■ ■Tx■ July 28, 2021 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: Stanley Martin Cannon Tract Dear Kim Williams: Ray Cooper, Governor D. Reid Wilsan, Secretary Waiter Clark Director, Division of Land and Water Stewardship NCNHDE-15263 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 rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 W JON S STREET. RALEIGI I_ NC 27603 - 16Sl MA11L SERVICE CENTER. PALEIGW. rkc 276�0 OFC 919.707.9120 • FAK 919.707.9421 ■ \cn s / \ \ \� ■ ■ I \ \ 2.e / \ CO 4 \ \ _ e \ \ ) \ CO o CO \ � E / �Z CO 2 / Za2 ƒ / { \ \ = o 3 / : 7 � 2 j 3 ƒ \ / \ \ \ \ : C«3% tons 30 ©zws t » 3 G} e/©o= E>p}e \ / \ & } G o .= z = 2 9 - : > s } Co0C 4 / \ 3 2 O a \ G » ± 2\/j \ \o %gƒ0 s : \`// s\y\ �0 2 > y ± \\�\ 22 : g U 3 z -0 \ z } 0 / �/C\\ O e c: —C CO y= ,/ 0 0 ���\ u \\\% / 22./ƒ \ \\\\ LE%y° ®\0 e /3\/y y co.2 2 e : E E ®.70{ co I \ ( 0 CLcc Z :/%E \ / 3 ( 4 4 3 s s / /{ \ \ e c o s z co co LLJ / / o \ } / 9 x x /,J 9 s § \ / CO e 2 s 3 s s s s e e a s s s s s s s s -0\ e / e e e e (I. 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The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Brunswick County, North Carolina y4�3 g�y�'r NE 1� Local office Raleigh Ecological Services Field Office (919) 856-4520 JJ3 (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, INC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, INC 27606-1487 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project - specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4, Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species land their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheriesz). Species and critical habitats under the sole responsibility of INOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. 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. The following species are potentially affected by activities in this location: Mammals NAME Northern Long-eared Bat Myotis septentrionalis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 West Indian Manatee Trichechus manatus Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https!/Iecos.fws.gov/ecp/si2ecies/4469 STATUS Threatened Threatened mammal Birds NAME STATUS O\A Piping Plover Charadrius melodus Threatened N There is final critical habitat for this species. The location of the critical habitat is not available. https:llecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa Threatened Wherever found There is proposed critical habitat for this species. The location of the critical habitat is not available, https:/lecos,fws.gov/ecp/spscies/4 864 Red -cockaded Woodpecker Picoides borealis Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/si2ecies/7614 41%� Wood Stork Mycteria americans Threatened No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8477 Reptiles NAME STATUS American Alligator Alligator mississippiensis SAT Wherever found No critical habitat has been designated for this species. https:/https://ecos.fwsgov/ecp/species/776/ecp/species/776 Green Sea Turtle Chelonia mydas Threatened There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered Wherever found There is proposed critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. http s: //ec o s.fws.gov/ecp/species/ 1493 Loggerhead Sea Turtle Caretta caretta There is final critical habitat for this species. The location of the Endangered '14 Threatened � 0 critical habitat is not available, 116 https://ecos.fws.govlecp/species/1110 N6 Snails NAME STATUS OL Magnificent Ramshorn Planorbella magnifica Candidate Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/spec-ies/621 ,#V� N F:,gvvering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8549 Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act?. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1948. .., \31*0 Additional information tan be found using the following links:") • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species) birds ;of-cons?rvation-concern.ph o Measures for avoiding and minimizing impacts to birds litp:L/_www.fws.g y/_birdslmanagement/pr_oiect-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds e-�� V The birds listed below are birds of particular concern either because they occur on the USFWS Birds of CorLservation-Con cern (BCC) list or warrant special attention in your protect location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON (IFA BREEDING SEASON IS INDICATED FORA BIRD ON YOUR LIST, THE ..................................................................................... BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, ........................................................................... WHICH IS A VERY LIBERAL ESTIMATE OFTHE DATES INSIDE ....................................................................................... WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ............................................................................ ELSEWHERE" INDICATES THAT THE ............................................................................................. I BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Breeds Apr 20 to Aug 20 'oe \ 011;�4 Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. N\ Prothonotary Warbler Protonotaria c1trea This is a Bird of Conservation Concern {BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern {BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds May 10 to Aug 31 Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network [AKN). This data is derived from a growing collection of survey, banding, and citizen science data -sets Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. '" mt4 ON41-\ How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year- round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Nectropical Blyds guide, If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCQ that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC • Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Art requirements (for Beagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Marine mammals Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act !-and the Convention on International Trade in Endangered Species of Wild Fauna and Flora?. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries 1 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take (to harass, hunt, capture, kill, or attempt to ............................................................................. harass, hunt, capture or kill) of marine mammals and further coordination may be necessary for ................................................... _..... _..... _. project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1, The Endangered_Act (ESA) of 1573. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. % %wo-% , 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMF5), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following marine mammals under the responsibility of the U.S. Fish and Wildlife Service are potentially affected by activities in this location: NAME West Indian Manat'ric us manatus htti3s://ecos.fws.gov/ecp/sl2ecies/446 4 Facilities Wildlife refuges and fish hatcheries REFUGE AND FISH HATCHERY INFORMATION IS NOT AVAILABLE AT THIS TIME Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRESHWATER EMERGENT WETLAND PEM1 Bd FRESHWATER FORESTED/SHRUB WETLAND PF04Bd PF04/SS4Bd PSS4/F04Bd PF01Bd PF01/4Ad PF04/1 Bd PF01A RIVERINE R4SBC 7 A full description for each wetland code can be found at he National Wetlands Inventory website a.oir Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. �o� Foy 6.0 LCFUMB & NECFUMB CREDIT RESERVATION LETTERS LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY August 10, 2021 TO: Mr. Robert Bennett (Stanley Martin Homes) FROM: Lower Cape Fear Umbrella Mitigation Bank 4006 St. James Drive c/o Land Management Group St. James, NC 28461 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Project: Cannon Tract (Brunswick County, NC) Dear Mr. Bennett: Pursuant to the recent credit request submitted on your behalf, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed non - riparian wetland impacts associated with the Cannon Tract (Brunswick County, NC). This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. IMitigation Type Credits Reserved Fee Per Unit Fee [Stream 0.0 $603.87 $0.00 [Non -Riparian Wetland 0.2 $67,442.06 $13,488.41 [Riparian (Riverine) Wetland 0.0 $67,442.06 $0.00 1 Total Fee $13,488.41 Based upon receipt of your email transmitted on August 10, 2021, LCFUMB will reserve 0.2 non -riparian wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $13,488.41. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at cpreziosi@Imgroup.net. Sincerely, Land Management Group (agent for LCFUMB) C�2111� r f l 1 Christian Preziosi Principal Consultant NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK Agent: Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Credit Reservation Letter August 10, 2021 Stanley Martin Homes Attn. Robert Bennett 4006 St. James Drive St. James, NC 28461 Project: Cannon Tract (Brunswick County, NC) Dear Mr. Bennett: Per the credit request submitted by Kim Williams (agent), the Northeast Cape Fear Umbrella Mitigation Bank (Bank) is providing preliminary acceptance to supply mitigation credits for proposed impacts to streams associated with the proposed development of the "Cannon Tract" in Brunswick County, NC (conditional upon receipt of payment as outlined below). Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type Credit Source Credits Reserved Fee Per Unit Fee Stream Davis Tract* 454 $603.87 $274,156.98 Non- Riparian Wetland N/Z 0.0 $67.442.06 $0.00 Riparian Wetland N/A 0.0 $67.442.06 $0.00 Total $274,156.98 Please note that stream credits are not yet available, but the Bank is anticipating a credit release during the third quarter of 2021. Based upon receipt of the credit request, the Bank will reserve 454 stream credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for credit transfer, the Bank will issue an invoice in the amount of $274,156.98. Upon receipt of payment, the Bank will provide an executed Transfer of Credit Certificate for the total amount of credits invoiced and paid for. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at cpreziosi@lmgroup.net. Sincerely, Northeast Cape Fear Umbrella Mitigation Bank -0 Christian Preziosi Land Management Group (agent) Northeast Cape Fear Umbrella Mitigation Bank c/o Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington NC 28403 1