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HomeMy WebLinkAbout20202013 Ver 1_ePCN Application_20211201DW R mrlsloa of ware. Resources Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) June 1, 2021 Ver 4.1 Initial Review Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. BIMS # Assigned* 20202013 Is a payment required for this project? No payment required Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review 1a. Name of project: Bridgewater Landing 1a. Who is the Primary Contact?* Kim Williams - Land Management Group 1 b. Primary Contact Email: kwilliams@lmgroup.net Date Submitted 12/1/2021 Nearest Body of Water Mullet Run Basin White Oak Water Classification SA; HQW Site Coordinates Latitude: 34.415966 A. Processing Information County (or Counties) where the project is located: Pander Is this a NCDMS Project Yes No Is this project a public transportation project?* Yes No Pre -Filing Meeting Information Longitude: -77.636820 Version# * 1 What amout is owed?* $240.00 $570.00 Select Project Reviewer* Holley Snider:eads\hasnider 1c. Primary Contact Phone: (910)452-0001 Is this a courtesy copy notification?* Yes No ID# Version 2020-2013 1 Pre -fling Meeting or Request Date 12/21 /2020 Attach documentation of Pre -Filing Meeting Request here: Click the upload button or drag and drop files here to attach document Pre Filing Request.pdf 48.83KB File type must be PDF 1a. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 14 - Linear transportation NWP Numbers (for multiple NWPS): 18 1d. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit 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: 1f. Is this an after -the -fact permit application?" 401 Water Quality Certification - Express Riparian Buffer Authorization Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information 1d. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?" Yes No 2. Owner Information 2a. Name(s) on recorded deed: Edens Lane LLC 2b. Deed book and page no.: Yes No Yes No 2c. Contact Person: Mary Catherine Santos 2d.Address Street Address 60 Gregory Road; Suite 1 Address Line 2 City Belville Postal / Zip Code 28451 2e. Telephone Number: (910)232-6720 2g. Email Address:* msantos@loganhomes.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: kwilliams@lmgroup.net C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Hampstead 2. Project Identification State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (910)452-0060 2a. Property Identification Number: 2b. Property size: 4214-14-4919-0000 86 2c. Project Address Street Address Edens Lane Address Line 2 City State / Province / Region Hampstead NC Postal / Zip Code Country 28443 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: Mullet Run 3b. Water Resources Classification of nearest receiving water:* SA; HQW 3c. What river basin(s) is your project located in?* White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203020402 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 site is mostly undeveloped and forested. A few dirt roads provide access throughout the site. Several streams run through the site and also form the southern project boundary. Some of these streams have an adjacent wetlands. Adjacent land use is mostly undeveloped and forested, with some residential and cleared fields. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 12.6 4g. List the total estimated linear feet of all existing streams on the property: 4,340 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a single family residential subdivision within the site to accommodate the housing needs of the area. Impacts to wetlands and streams are needed to provide access throughout the site. Another wetland impact is needed for lot development. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The residential subdivision will contain a total of 139 single-family lots and an amenity area. Roads, utilities, stormwater ponds, and a pump station are also proposed. The limits of disturbance will be cleared of vegetation. Roadways and utilities will be installed. Culverts will be utilized when crossing streams/wetlands and they will be buried per DWR and USACE requirements. Then home construction will occur. 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?* Yes No Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2021-00135 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Wes Fryar Agency/Consultant Company: Land Management Group Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Tom Charles with the USACE issued the JD on July 6, 2021. 6. Future Project Plans 6a. Is this a phased project?* Yes 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 D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* (?> 2g• Impact area * W1 Road Crossing P Riverine Swamp Forest N/A Yes Both _] 0.043 (acres) W2 W3 Road Crossing Road Crossing P P Riverine Swamp Forest Riverine Swamp Forest N/A N/A Yes Yes Both Both 0.073 (acres) 0.098 (acres) W4 Lot Fill P Riverine Swamp Forest N/A Yes Both 0.036 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.250 21. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.250 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* ��30. Stream Type* 3f. Type of 3g. S. width* 3h. Impact ❑ (?) Jurisdiction* length* St Road Crossing Permanent Culvert UT of Mullet Run Intermittent Both 5 62 Average (feet) pinearfeeq S2 Road Crossing Permanent Culvert UT of Mullet Run Perennial Both 68 Average (feet) pinear feet) S3 Road CrossingPermanent Culvert UT of Mullet Run Perennial Both 7 70 Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 200 31. Total stream and ditch impacts: 200 3j. Comments E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 0 la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The applicant attempted to minimize impacts as much as possible. Crossings were placed at narrow wetland points and headwalls will be used to minimize crossing widths. Wetland impact #4 could not be avoided because these lots are needed to make the project economically feasible. Driveway crossings were considered, but the wetland area that would remain likely would not be sustainable. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain stormwater and sedimentation and erosion control permits prior to development. 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 No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Northeast Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Quantity: Non -riparian wetland 0.5 Stream 400 u 3c. Comments 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: Site located in White Oak River Basin 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOTs Individual NPDES permit NCS000250?" Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .10031 Yes No 2c. Does this project have a stormwater management plan (Si reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management programs) apply: Local Government State State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: Engineer is in the process of obtaining a stormwater permit. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federallstatellocal) funds or the use of public (federal/state) land?" Yes 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 .0201 * Yes No 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. Project will not provide access or utilities to adjacent tracts. No additional impacts are anticipated on the site. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?'� Yes No 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. Site will tie into 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?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No u 5d. Is another Federal agency involved?* Yes No Unknown 5e. Is this a DOT project located within Division's 1-8? Yes No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes 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 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 of the federally listed American alligator within a one mile radius of the site. Interior streams on site appear to be too small to provide suitable habitat for this species. Mullet Run, which forms the southern project boundary, may provide suitable habitat. 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. The site has been cleared of timber several times over the years. Forested uplands currently support a mix of hardwoods and pines in the canopy and a dense shrub layer and are unlikely to provide suitable habitat for the RCW. Wetlands support a dense assemblage of hardwoods. 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?" Yes No Are there submerged aquatic vegetation (SAV) around the project vicinity?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?" Site is adjacent to Mullet Run. No impacts to this resource will occur. Sedimentation and Erosion Control Plan will be implemented. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Unknown 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 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. However, Fender County notified the landowner of potential grave sites within the tract. These graves were located via ground penetrating radar and have been avoided with the site plan. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?" FEMA Flood Map Service Center Website Miscellaneous J 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 document Bridgewater Landing Attachments.pdf 6.03MB File must be PDF or KMZ Comments Signature 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 Date 12/1 /2021 ID#* 20202013 Version* 1 Regional Office * Wilmington Regional Office - (910) 796-7215 Reviewer List* Holley Snider Pre -Filing Meeting Request submitted 12/21/2020 Contact Name* Contact Email Address* Project Name* Project Owner* Project County* Owner Address: Kim Williams kwilliams@Imgroup.net Edens Lane Logan Developers Pender Street Address Edens Lane Address Line 2 aty Topsail Postal / Zip axle 28443 Is this a transportation project?* r Yes r No State / Province / Pegion NC Country USA Type(s) of approval sought from the DWR: * 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express * 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? Holley Snider Please give a brief project description below.* Applicant plans to construct a single family residential subdivision within the tract. Several wetlands/streams will be crossed to access uplands within the site. Please give a couple of dates you are available for a meeting. 12/22/2020 Please attach the documentation you would like to have the meeting about. Edens Lane Site Plan.pdf 1.11 MB 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 12/21/2020 LMG LAND MANAGEMENT GROUP a DAVEY. company TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 December 1, 2021 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Bridgewater Landing; Pender County, NC NWP 14 & 18 Application Action ID# SAW-2021-00135 To Whom It May Concern: On behalf of Edens Lane, LLC, Land Management Group is submitting a Pre -Construction Notification form and associated attachments for the Bridgewater Landing subdivision, located off Edens Lane in Hampstead, NC. The purpose of the project is to construct a residential subdivision within the tract to serve the housing needs of Pender County. The project proposes to impact 200 LF of stream for road crossings and 0.25 acre of wetlands for road crossings and lot development. The applicant proposes purchasing credits from the Northeast Cape Fear Umbrella Mitigation Bank at a 2:1 mitigation to impact ratio to offset 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, �U_WLI 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 Bridgewater Landing Pender County 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. Aerial Photograph 3.0 SITE PLAN DRAWINGS 4.0 JURISDICTIONAL DETERMINATION INFORMATION 5.0 NECFUMB CREDIT RESERVATION LETTER 6.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 7.0 GRAVE SITE INFORMATION 1.0 AGENT AUTHORIZATION FORM LMG LAND MANAGEMENT GROUP a DAVEY . company AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Land Management Group to act as our agent in the determination of jurisdictional wetland boundaries and Section 401 Section 404 permitting on the subject property, Edens Lane Property . By way of this form, I.we additionally authorize access to the site by representatives of the US Army Corps of Engineers and/or the NC Division of Coastal Management for the purpose of reviewing the flagged wetland boundary and providing a final jurisdictional determination. Any questions regarding the jurisdictional wetland determination should be directed to Land Management Group A Davey Company. Please provide the followipZ information: Property Address and Parcel ID Number: _Off Edens Lane, Hampstead, NC 28443, 4214-14- 4919-0000 Current Property Owner Name: . Edens_Lane LLC Owner Address, Phone Number, & Email Address: _60 Greg—oEy Road, Suite 1. Belville. NC 28451 • attn: ❑ I n 'I�04-959 k,kSa{.A . S _ 1p�ounl�O^MX Cann 4i I Notice: This authorization, for liability & professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Land Management Group staff. Please call LMG to arrange a site meeting prior to visiting the site. Print Owner's ame Owner's So ature IIJf.;;,� Date www.lmgroup.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. Aerial Photograph Sources: Esri, HERE, Garmin,, USGS, Intermap, INCREME`�T P, NRCan, Esri Japan, METI, Esri China _ (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIs User Community, Esri, HERE, Garmin, (c) OpenStreetMap contributors L:\WETLANDS\2020 WETLANDS FILES\LMG20.121 --- 0 1,000 2,000 4,000 Edens Lane Property, Logan Developers\Maps Feet Boundaries are approximate and not meant to be absolute. Map Source: GIS World Street Map Layer Scale applies to 11X17" print. Bridgewater Landing 4LMG Pender County, NC Figure 1 LAND MANAGEMENi'GROUP eurrEv'�rompany Vicinity Map Map Date: January 2021 3805 Wrightsville Avenue LMG20.121 Wilmington, NC 28403 (91 0)452-0001 N + L! ' CO ` ■ ■ r r r ti ` ■ '. � ■ w ■ P r pen Esri, HER Gar iq ( SCreetMa'p con n wtors L.\WETLANDS\2020 WETLANDS FILES\LMG20.121 --- N 0 350 700 1,400 Edens Lane Property, Logan Developers\Maps Feet Boundaries are approximate and not meant to be absolute. Map Source: USGS Topsail Topographic Quad Scale applies to 11X17" print. Bridgewater Landing 4LMG Fender County, NC Figure 2 LAND MANAGEMENCGROUP g Topographic Map Map Date: January 2021 3805 Wrigh�tsAllieeA a ueY LMG20.121 Wilmington, NC 28403 (910) 452-0001 Project Area Au 6 r' Ilk a Legend AuB: Autryville fine sand, 14% slopes Fo: Foreston loamy fine sand LnA: Leon fine sand, 0-2% slopes Ma: Mandarin fine sand Mk: Muckalee loam, frequently flooded Mu: Murville muck L:\WETLANDS\2020 WETLANDS FILES\LMG20.121 --- Edens Lane Property, Logan Developers\Maps Boundaries are approximate and not meant to be absolute. Map Source: GIS Soils Data Bridgewater Landing 4LMG Pender County, NC LAND MANAGEMENCGROUP Ma Date: January2021 p e ' —F..7 LMG20.121 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 N 0 250 500 1,000 Feet Scale applies to 11X17" print. Figure 3 Soils Map 'IF . * A6 Project Area It, 1 j� PIP Alf t. . '• ,r �'� �. gar y 77 ` Tr i* . 11 01 r� it + jLr: E r, r E E- h phi NE b D D r ID 6 - I� , a e 61� e m . , E n ° E E, 6 r i � ®e � e Ma,p u • rib or L.\WETLANDS\2020 WETLANDS FILES\LMG20.121 --- 0 250 500 1,000 Edens Lane Property, Logan Developers\Maps Feet Boundaries are approximate and not meant to be absolute. Map Source: 2016 GIS World Imagery Layer Scale applies to 11X17" print. Bridgewater Landing LMG Fender County, NC Figure 4 LAND MANAGEMENi'GROUP g Map Date: January 2021 3805 WrighbwLYleA eueY Current Aerial LMG20.121 Wilmington, NC 28403 (910) 452-0001 3.0 SITE PLAN DRAWINGS LSb8Z �N `H'PIIA'IHff I H.HIIS `avou .IU09HUE) 09 D'I"I `HNV-I SNHQH 9rosz-� aa.u�nz� Ce) o9t9-wt (ow) (o) tot9-cet (ow) sorosz ou¢ojuD oWuojau�w a nua'=D 7T Hj tgf10wydyd VNPIO'dVD H.RION `,UNIIOD 2IHQNHd dIHSNX,01IIVSdOd JNIQNV'I 2IHdVlXIH JQrda NV -Id HIIS IDVdWI QNV UHAk 3 = ! m w - NOLLDIRI,LSNOD HOd QHSVHIHd NDISHQ IVNIA O _ � o u o O�w O ©Il oz/,ry8g "gym o M0 Q�® a Boa, Sao Np rcG Q`o 3 "ofl po oW UN� /fie ® O\ Q �\ ❑06 z o' wg 0 1 O QI. ® TU F '384 A. I Q 3 gyp_ �➢ \ ` oZ w og I w zr, O U� o O " dsP�e�P �opOO� p O�o W W 3a ® Q O p w Nw aKo S O © �� D Q O 0 o�LL 2U. ® OI Ja Qu d ie mom' p O Oo° O 1 O 0 i 0 i O O ®a O iO op o O E„ O O (D O a n @ O / O og O O\ 00 OOp0A. a wa '9z W H. � 9 ee P ®eo o_ - zd wM10 0. 0 - 4 0 o. 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SAW-2021-00135 County: Pender County U.S.G.S. Quad: Topsail NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner/Applicant: Eden's Lane LLC D Logan Address: 60 Gregory Road Suite 1 Belville, NC, 28451 Telephone Number: 910-232-6720 Size (acres) 87.7 Nearest Waterway Mullet Run USGS HUC 03020302 Nearest Town Hampstead River Basin Onslow Bay Coordinates Latitude:34.415966 Longitude:-77.63682 Location description: The project area is located off Edens Lane on 87.7 acres, Pender County, North Carolina. Pin #'s ID: 4214-14-4919-0000. Indicate Which of the Following Apply: A. Preliminary Determination _ There are waters, including wetlands, on the above described project area, 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. 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 are wetlands on the above described 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 overall 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 of the U.S. on your 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 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. X There are waters of the U.S., including wetlands, on the above described project area 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 of the U.S. on your 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. Page 1 of 2 SAW-2021-00135 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly 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 of the U.S., 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 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 (LAMA). 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 Thomas Charles at (910) 251-4101 or thorn as.p.charles(&u sace.army.mil. C. Basis For Determination: The project area exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement. This determination is based on information submitted by LMG and a desktop review by Thomas Charles (7/2/2021). See attached Approved JD forms. D. Remarks: This determination is only for the project area depicted on the preliminary upland/wetland delineation sketch for the Edens Lane Tract Pender Countv,NC (87.7 Acres) Pin #4214-14-4919-0000 , dated 4/24/2020. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) 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: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL 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 9/11/2021 SAW-2021-00135 It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Thomas Charles Digitally signed by Thomas Charles Corps Regulatory Official: Date: 2021.07.06 03:20:16-04'00' Date: July 6, 2021 Expiration Date: July 6, 2026 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 our Customer Satisfaction Survey, located online at hM2://cop2smEu.usace.army.mil/cm_apex/f?p=136*0. Copy Furnished: Land Management Group Paul Farlev 3805 Wrightsville Avenue Wihnin0on, NC, 28403 SAW-2021-00135 JNOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: D Logan, Eden's Lane LLC File Number: SAW-2021-00135 Date: July 6, 2021 Attached is: See Section below INITIAL PROFFERED PERMIT IStandard Permit or Letter of permission, A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mit/Missions/CivilWorks/Re ug latoiyProgramandPennits.aspx or 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 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. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2021-00135 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT !�w REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, US Army Corps of Engineers Attn: Thomas Charles South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A. SHANNIN(&USACE.ARMY.MIL 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 opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Thomas Charles, 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. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137, PHILIP.A.SHANNIN(&USACE.APMW.MIL This is not a su vey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the US Army Corps of Engineers is recommended prior to specific site planning. 4DP NJD2 NJD3IN r.. r•,, wr x z.ktia u R 9 Y..... NJD4 Pi W Anza Legend �q,Ps J Boundary — 87.7 ac 'a o I Uplands — to.1 ac (86/6) min. . Wetlands — 12.6 ac (14%) Perennial Stream — 3,800 L.F. Intermittent Stream — 540 L.F. Waters of the US (RPW) — 700 L.F. �.'�``' Non -Jurisdictional Ditch — 1,600 L.F. •Ilk — Wetland Line Off Property ^ — Data Points Esri HERE&imin,(c)OpenStreet gp rb o L:\WETLANDS\2020 WETLANDS FILES\LMG20.121 --- Edens Lane Property, Logan Developers\Maps 000 N 0 250 500 1,Feet Boundaries are approximate and not meant to be absolute. Map Source: 2016 NC OneMap Aerial Photography Scale applies to 11X17" print. Edens Lane Tract 4LMG Fender County, NC Preliminary LAND MANAGEMENT GROUP Upland/Wetland Map Date: 04/24/2020 Delineation Sketch LMG20.121 38054righieeAvenueY Wilmington, NC 28403 (910) 452-0001 5.0 NECFUMB CREDIT RESERVATION LETTER NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK Agent: Land Management Group 3805 Wrightsville Avenue, Suite 15 Wilmington, NC28403 Credit Reservation Letter December 1, 2021 Edens Lane LLC Attn. Ms. Mary Catherine Santos 60 Gregory Road, Suite 1 Leland, NC 28451 Project: Bridgewater Landing (Pender County, NC) Dear Ms. Santos: 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 and riparian wetlands associated with the Bridgewater Landing project in Pender 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 I Credit Source Credits Reserved I Fee Per Unit I Fee Stream I Davis Tract* 400 I $603.87 I $241,548.00 Non- Riparian Wetland $67.442.06 ME Riparian Wetland I Davis Tract* 1 0.5 1 $67.442.06 1 $33,721.03 Total , $275,269.03 Please note that riparian wetland and stream credits are not yet available, but the Bank is anticipating a credit release during the fourth quarter of 2021. Based upon receipt of the credit request, the Bank will reserve 0.5 riparian wetland credits and 400 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 $275,269.03. 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 �A -FAIY 10 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 6.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. 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. 00� Location Pender County, North Carolina 1 a s rJ y 9 � a na�a�G `r Krwm. varA � e r� 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 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. S. Click REQUEST SPECIES LIST. Listed species 1 and 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 Fisheries=). Species and critical habitats under the sole responsibility of NOAA 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. http s! //ec o s. f ws. pov/ecpls p e ci a s/4469 Birds NAME STATUS Threatened Threatened Marine mammal STATUS Piping Plover Charadriu5 melodus Th e There is final critical habitat for this species. The location of the critical habitat is not available. https:/lecos.fws. goylecpIspecies16039 Red Knot Calidris canutus rufa Threatened Wherever found There is proposed critical habitat for this species. The'locat"ron of the critical habitat is not available. https:/tecos.fws.gov/ecp/speci es/1864 Red -cockaded Woodpecker Picoides borealis Endangered Wherever Found No critical habitat has been designated for this species. https-1/ecos.fws.gov/ecp/species/7614 Reptiles NAME STATUS American Alligator Alligator mississippiensis SAT Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/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. https://ecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta There is final critical habitat for this species. The location of the critical habitat is not available. https./lecos.fws.gov/ecp/species/1110 n sects NA M F Endangered Threatened Nk STATU Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this specie https://ecos.fws.gov/ecl2/species/9743 Flowering Plants NAME Cooley's Meadowrue Thalictrum cooleyi Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3281 Golden Sedge Carex lutea Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6025 Rough -leaved Loosestrife Lysimachia asperulaefolia Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2747 Candidate STATUS Endangered Endangered Endangered 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 1940. Additional information can be found using the following links: Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds -of -conservation -co n ce rn. a h ❑ • Measures for avoiding and minimizing impacts to birds htM//www.fws.gov/birds/management/er ect-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project 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 American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA BREEDING SEASON (IF A 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 OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ......................................................................................... ITS ENTIRE RANGE. "BREEDS, ...........................................................I ....., .......... ELSEWHERE" INDICATES THAT THE ................................................. BIRD DOES NOT LIKELY BREED IN ........................................................................................ YOUR PROJECT AREA.) B �da( r s Apr 1 to Aug 31 https://ecos.fws, og v/ecp/species/9587 Bachman's Sparrow Aimo hila aestivalis Breeds May 1 to Se 30 p p Y P This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/6177 fo"\" 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. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Ruddy Turnstone Arenaria interpres morinella Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. 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 handing and citizen-rie_ e datasets and is queried and filtered to return a list of those birds reported as occurring in the 1 akm grid cells) 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 offshoreactivities 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 girds 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 (AKN1. This data is derived from a growing collection of survey, banding, and citizen science datasets . r,N IV %, 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. 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 Late of Ornithology Naotropical Birds 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 (BCC) 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 Act requirements (for eagles) 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 reaps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental She project 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 stud les or contact Ca leb 5ple-Re I 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 c�tain a permit to avoid violating the Eagle Act should such impacts occur. + —V1411\ 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. *64 1, The Endanoned_S ecies_Act (ESA) ❑f 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauns and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. 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 marine mammals under the responsibility of the U.S. Fish and Wildlife Service are potentially affected by activities in this location: NAME West Indian Manatee Trichechus manatus htto s:11 e c o s. f ws. eov/ecv is o ec i es/4469 Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS AT THIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. 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. Array Combs of Engineers District. WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this Location. Data limitations 1 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 Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 November 21. 2021 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: Edens Lane Dear Kim Williams: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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I N C June 21, 2021 Travis Henley, Planning Director 805 S. Walker Street Burgaw, NC 28425 RE: Edens Lane (Bridgewater Landing) Grave Site Survey Dear Mr. Henley, Thank you for assisting in the arrangement of a meeting with community members to discuss the grave sites discovered on the property located on Edens Lane, known as Bridgewater Landing, also referred to here as the Property. Please consider the following summary of events regarding discovery and searches for grave sites on the Property. On March 8, 2021, Paramounte Engineering (PEI) received a call from you after a neighbor expressed concern. In that call PEI learned there may be grave sites on the Property that we were not aware of previously. That information prompted our notifying the landowner and the beginning of further investigation of the land investigating the concern. Upon our request, you set a meeting on site with the neighbors, our surveyors, and the landowner so the neighbors could identify the potential grave locations. That meeting did take place between Mr. Steve Edens, his wife, our surveyors, and representatives of Property owner. The additional headstones located on the Property during that meeting were surveyed, but there was more required to investigate the neighbor's area of concern. Between March 8, 2021 and April 14, 2021, we engaged a consultant with experience locating unmarked grave sites with ground penetrating radar (GPR). Using hand tools, the areas to be evaluated with the GPR were carefully cleared to allow subterranean analysis by GPR. After performing work, the GPR consultant, ECS, prepared a report of findings of this study area (REPORT 1, attached), and marked a total of six (6) graves located within the study area. The located grave sites, both marked and unmarked, were placed on the survey, and a new plan was drawn to protect the area around those gravesites. That new site plan was submitted to Pender County Planning on April 15, 2021 for review. On April 21, 2021, PEI received a chain of emails provided by you dating back to March 17, 2021 detailing coordinates and pictures of potential grave sites, identified by Erik and Alex Shepard and Steve Edens. These emails included new information not previously provided to PEI or the owner of the Property. In response to this new information, we initiated a second GPR study process to evaluate the areas fifty (50) feet in diameter around each of these additional identified coordinates. On May 11, 2021, ECS published its second findings report regarding analysis of these locations (REPORT 2, attached). As reflected in the Report 2, no additional grave sites were found on the Property in the locations identified by Erik or Alex Shepard or by Steve Edens. Report 2 did identify two, previously identified headstones, which are located in the area of concern and protected in the site plan revised and submitted on April 15, 2021. The resulting surveyed site with all study areas and located grave sites indicated is attached. The master development plan, major site plan, and preliminary plat for the proposed development of the Property, as submitted to Pender County Planning on April 15, 2021, preserves all known grave sites in a significant undisturbed open space surrounding the discovered graves on the Property. Sincerely, Paramounte Engineering, Inc. 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