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HomeMy WebLinkAbout20220675 Ver 1_ePCN Application_20220512Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes O No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 5/12/2022 BIMS # Assigned* Version#* 20220675 1 Is a payment required for this project?* O No payment required O Fee received O Fee needed - send electronic notification Select Project Reviewer* Holley Snider:eads\hasnider Information for Initial Review Reviewing Office* Wilmington Regional Office - (910) 796-7215 la. Name of project: Townhomes at Scotts Hill la. Who is the Primary Contact?* Kim Williams - Davey Resource Group lb. Primary Contact Email:* lc. Primary Contact Phone:* kim.williams@davey.com (910)452-0001 Date Submitted 5/12/2022 Nearest Body of Water UT of Topsail Sound Basin White Oak Water Classification SA; ORW Site Coordinates Latitude: 34.345512 A. Processing Information Longitude: -77.733014 County (or Counties) where the project is located: Pender Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 0Yes ®No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 29 - Residential Developments 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: If. Is this an after -the -fact permit application?* O Yes O No O 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? O Yes O No 1j. Is the project located in a designated trout watershed? Yes • No B. Applicant Information 0 Unknown OYes 0No OYes 0No ld. Who is applying for the permit? O Owner O Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: Townhomes at Scotts Hill LLC 2b. Deed book and page no.: 2c. Contact Person: Mark Maynard Jr. 2d. Address Street Address 10 S. Cardinal Drive Address Line 2 City Wilmington Postal / Zip Code 28403 2e. Telephone Number: (910)612-3633 2g. Email Address:* jr@tributecompanies.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource 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:* kim.williams@davey.com C. Project Information and Prior Project History State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (910)452-0060 1. Project Information lb. Subdivision name: (if appropriate) lc. Nearest municipality / town: Scotts Hill 2. Project Identification 2a. Property Identification Number: 3281-29-4277-0000 2c. Project Address Street Address Hwy 17 Address Line 2 City Hampstead Postal / Zip Code 28443 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * UT of Topsail Sound 3b. Water Resources Classification of nearest receiving water: * SA; ORW 3c. What river basin(s) is your project located in?* 2b. Property size: 20.8 State / Province / Region NC Country USA White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203020401 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: * This site is mostly fields, with some wooded areas along the eastern, southern, and western property boundaries. Wetlands are located along these forested edges and support a mix of loblolly pines and hardwoods such as black gum, red maple, and sweetgum. Adjacent land use forested to the south and east, fields, to the north, and Hwy 17 to the west. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 3.7 4g. List the total estimated linear feet of all existing streams on the property: N/A 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a multi -family residential development to serve the residential needs of the community. Wetland impacts are needed for building construction and grading. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The residential development will contain a a mix of quadplex townhomes and single family homes (125 units), an amenity area (clubhouse, pool), and a pump station. Roads, utilities, stormwater ponds, and parking areas are also proposed. Sediment and erosion control measures will be put in place. Then the limits of disturbance will be cleared of vegetation and site grading will occur. Roadways and utilities will be installed. A culvert will be installed within a ditch to maintain flow. Then building 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?* 4) Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * O Preliminary O Approved O Not Verified O Unknown 0 N/A Corps AID Number: SAW-2021-00647 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Wes Fryar DRG 0 Unknown 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 PJD on 10/14/2021 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 la. Where are the impacts associated with your project? (check all that apply): O✓ Wetlands O Streams -tributaries OO Open Waters 0 Pond Construction 2. Wetland Impacts 0 Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* 1 Fill/Grading P Bottomland Hardwood Forest N/A Yes Both 0.005 (acres) 2 Fill/Grading P Bottomland Hardwood Forest N/A Yes Both 0.006 (acres) 3 Fill/Grading P Bottomland Hardwood Forest N/A Yes Both 0.049 (acres) 4 Fill/Grading P Bottomland Hardwood Forest N/A Yes Both 0.015 (acres) 5 Fill/Grading P Bottomland Hardwood Forest N/A Yes Both 0.002 (acres) 6 Fill/Grading P Bottomland Hardwood Forest N/A Yes Both 0.001 (acres) 7 Fill/Grading P Bottomland Hardwood Forest N/A Yes Both 0.002 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.080 2i. Comments: 4. Open Water Impacts 2g. Total Permanent Wetland Impact 0.080 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area 1 Fill/Road Crossing P N/A Culverts Ditch 0.02 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.02 4h. Comments: E. Impact Justification and Mitigation 4g. Total permanent open water impacts: 0.02 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts were minimized as much as possible in the site design. Minimal wetland impacts are needed for grading. Units are offset from Hwy 17 to reduce noise from the busy road. 1b. 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? O Yes O No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Wetland impacts are less than 0.1 acre. 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 O No If no, explain why: Site is located in the White Oak River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* 0 Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 0 Yes ' No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? • Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State State Stormwater Programs Phase II HWQ or ORW Comments: The engineer is currently preparing a stormwater plan. G. Supplementary Information [ Coastal Counties L Other 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes • 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)?* 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. The project will not provide utilities or access to adjacent tracts. No additional impacts to jurisdictional areas are anticipated on this 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. Project 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?* O Yes • No 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0 Yes • No • No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? OYes 0No 5g. Does this project involve bridge maintenance or removal? 0Yes ®No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0 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.? 0Yes ®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 on or within a one mile radius of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these are coastal and/or marine species and would not be found within the project area. Most of the site is cleared. Some areas along the site boundaries do support pine trees, but these areas also contains a large amount of hardwoods. Therefore, it does not appear to provide suitable habitat for the red cockaded woodpecker. Forested areas within the site provide appropriate summer and wintering roosting habitat for the northern long-eared bat. Because no roost trees have been identified by the USFWS in Pender County, any associated take from the proposed project as a result of clearing trees would be exempt per the Programmatic Biological Opinion for the NLEB. 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?* J Yes b) 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?* 0 Yes O 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 the site. The Scotts Hill Rosenwald School (aka Browntown School) is located just south of the site (PD 0259). No impacts to this structure will occur from the project. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* 0 Yes O No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Website. 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 document Scotts Hill Attachments.pdf File must be PDF or KMZ Comments Signature 5.74MB ?i 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 9U Date 5/12/2022 DAVEY. Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 May 12, 2022 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Townhomes at Scott's Hill; Pender County, NC NWP 29 Application Action ID# SAW-2021-00647 To Whom It May Concern: On behalf of Townhomes at Scotts Hill LLC, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments for the Townhomes at Scott's Hill multi -family residential development located off Highway 17 in Scott's Hill, NC. The purpose of the project is to construct a residential development within the tract to serve the housing needs of Pender County. The project proposes to permanently impact 0.08 acre of wetlands and 0.02 acre of jurisdictional ditches for grading and road crossings (total impact is 0.0995 ac; 4,336 sf). Since wetland impacts are less than 0.1 acre no mitigation is proposed. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Ai Kim Williams Environmental Scientist Encl. www.Imgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 TOWNHOMES AT SCOTT'S HILL 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. 2020 Aerial Photograph 3.0 SITE PLAN DRAWINGS Figure 1. Overall Site Plan Figure 2. Close -Up View of Northern Part of Tract Figure 3. Close -Up View of Southern Part of Tract 4.0 JURISDICTIONAL DETERMINATION 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 1.0 AGENT AUTHORIZATION FORM DAVEY Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Davey Resource Group to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the Townhomes at Scotts Hill project located in Pender County, NC. All questions regarding this project should be directed to Davey Resource Group. Sincerely, Applicant Mark L Maynard Jr Print Name 3.31.22 Date www.davey.com • 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. 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Close -Up View of Southern Part of Tract NOTATION: CB DCB DI DDI EW FES HW IFS MH OS YD YI BC BEE BW FFE FLUME GFE HP LP PAD PG RP SW TC TW = CATCH BASIN = DOUBLE CATCH BASIN = DROP INLET = DOUBLE DROP INLET = ENDWALL = FLARED END SECTION = HEADWALL = INTERFERENCE STRUCTURE = STORM MANHOLE = OUTLET STRUCTURE = YARD DRAIN = YARD INLET (2-SIDE OPEN THROAT) [NCDOT STD. 840.02 1 840.03] [NCDOT STD. 840.16 1 840.46] [NCDOT STD. 840.35] [NCDOT STD. 838.80] [CoW SD 2-03] [SEE DETAILS SHEET] [ADS NYLOPLAST] [NCDOT STD. 840.04] = BOTTOM OF CURB (GUTTER/FLOWLINE) ELEVATION = BREEZEWAY ENTRANCE ELEVATION = BOTTOM OF WALL (BOTTOM OF EXPOSED WALL FACE AT GRADE TIE-IN ELEVATION) = FINISHED FLOOR ELEVATION = CONCRETE DRAINAGE FLUME FLOWLINE ELEVATION = GARAGE FLOOR ELEVATION = HIGH POINT ELEVATION = LOW POINT ELEVATION = DUMPSTER PAD ELEVATION = PROPOSED GRADE = RAMP ELEVATION = SIDEWALK ELEVATION = TOP OF CURB ELEVATION = TOP OF WALL DRAINAGE NOTES: 1.) DRAINAGE EASEMENT AND STORMWATER SYSTEM MAINTENANCE IS THE RESPONSIBILITY OF THE DEVELOPER OR HOA, 2.) NO OBSTRUCTIONS ARE ALLOWED IN DRAINAGE EASEMENTS, INCLUDING FENCES. 3.) ALL STORM DRAINAGE STRUCTURES SHALL MEET NCDOT STANDARDS AND SPECIFICATIONS AND SHALL BE TRAFFIC RATED FOR H-20 LOADS AT A MINIMUM. 4.) PROPOSED BUILDINGS SHALL DIVERT ROOF DRAINAGE TO STORMWATER COLLECTION SYSTEM, PER DRAINAGE AREA MAP. ASPHALT AREA NOTE: 1.) SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL OPERATIONS TO PROVIDE A COMPACTED CONTROLLED SUBGRADE, IN ACCORDANCE WITH THE SUBSURFACE GEOTECHNICAL EXPLORATION AND TECHNICAL SPECIFICATIONS. NCDOT NOTES: 1.) 2.) 3.) ROAD A&B SHALL BE PUBLIC AND BUILT TO NCDOT STANDARDS. THERE SHALL BE NO ENCUMBRANCES WITHIN THE NCDOT RIGHT OF WAY. ONLY NCDOT APPROVED MATERIALS ARE TO BE USED WITHIN THE PUBLIC RIGHT OF WAYS. BUILDING PAD NOTES: 1.) 2.) SITE CONTRACTOR SHALL STRIP TOPSOIL AND ANY UNSUITALBE MATERIAL AND PROVIDE CUT/FILL OPERATIONS TO PROVIDE A COMPACTED CONTROLLED BUILDING PAD, IN ACCORDANCE WITH THE SUBSURFACE GEOTECHNICAL EXPLORATION AND TECHNICAL SPECIFICATIONS. FUTURE MINIMUM BUILDING PAD REFERENCED PER TYPICAL LOT GRADING DETAIL ON SHEET C-6.0. MINIMUM BUILDING PAD ELEVATION SHOWN DOES NOT REFERENCE FFE. 100-YEAR FLOOD ELEVATION AND DRAINAGE AROUND BUILDING PAD SHALL BE USED IN SETTING FFE. WETLAND NOTES 1. THERE ARE WETLANDS ON THE PROPERTY. WETLAND JD IS APPROVED Wetland Impacts WETLAND IMPACTS IMPACT AREA PERMANENT IMPACT SF ACRES 1 207 0.005 2 259 0.006 3 2149 0.049 4 648 0.015 5 98 0.002 6 31 0.001 7 73 0.002 8 871 0.020 TOTAL IMPACTS= 4336 0.0995 r t DRAINAGE EASEMENT CLUBHOUSE / `AMENITY CENTER \\ JURISDICTIONAL CHANNEL (NON -STREAM) 1 7 Wetland Impact #4: 0.015 ac (648 sf) QUADPLEX TOWNHOMES / / / Wetland Impact #3: 0.049 ac (2,149 sf) SINGLE FAMILY HOMES Wetland Impact #1: 0.005 ac (207 sf) Wetland Impact #2: 0.006 ac (259 sf) / Know what's below. Call before you dig. GRAPHIC SCALE 0 40 80 160 320 SCALE: 1 "=80' REVISIONS: CLIENT INFORMATION: TRIBUTE DEVELOPMENT, INC. 10 SOUTH CARDINAL DRIVE WILMINGTON, NC 28403 E N G I N E E R 1 N G, 1 N C. 122 Cinema Drive Wilmington, North Carolina 28403 (910) 791-6707 (0) (910) 791-6760 (F) NC License #: C-2846 WETLAND IMPACT MAP TOWNHOMES AT SCOTT'S HILL PENDER COUNTY NORTH CAROLINA PROJECT STATUS CONCEPTUAL LAYOUT: PRELIMINARY LAYOUT: FINAL DESIGN: RELEASED FOR CONST: DRAWING INFORMATION DATE: 12.17.21 SCALE: AS NOTED DESIGNED: GJB DRAWN: GJB CHECKED: TGC SEAL FIG 1 PEI JOB#: 21125.PE J NOTATION: CB DCB DI DDI EW FES HW IFS MH OS YD YI BC BEE BW FFE FLUME GFE HP LP PAD PG RP SW TC TW VICINITY MAP SCALE: 1" = 2000' = CATCH BASIN = DOUBLE CATCH BASIN = DROP INLET = DOUBLE DROP INLET = ENDWALL = FLARED END SECTION = HEADWALL = INTERFERENCE STRUCTURE = STORM MANHOLE = OUTLET STRUCTURE = YARD DRAIN = YARD INLET (2-SIDE OPEN THROAT) NORTH [NCDOT STD. 840.02 1 840.03] [NCDOT STD. 840.16 1 840.46] [NCDOT STD. 840.35] [NCDOT STD. 838.80] [CoW SD 2-03] [SEE DETAILS SHEET] [ADS NYLOPLAST] [NCDOT STD. 840.04] = BOTTOM OF CURB (GUTTER/FLOWLINE) ELEVATION = BREEZEWAY ENTRANCE ELEVATION = BOTTOM OF WALL (BOTTOM OF EXPOSED WALL FACE AT GRADE TIE-IN ELLVATION) = FINISHED FLOOR ELEVATION = CONCRETE DRAINAGE FLUME FLOWLINE ELEVATION = GARAGE FLOOR ELEVATION = HIGH POINT ELEVATION = LOW POINT ELEVATION = DUMPSTER PAD ELEVATION = PROPOSED GRADE = RAMP ELEVATION = SIDEWALK ELEVATION = TOP OF CURB ELEVATION = TOP OF WALL 2 2 2 06 3DVd OLP )IO08 NOXIG NA/log 3NI1 S3N Jd `GJIM pup NOXIG ONv70J MATCHLINE - SEE SHEET FIG-3 Wetland Impact #4: 0.015 ac (648 sf) MATCHLINE - SEE SHEET FIG-3 GRAPHIC SCALE 0 20 40 80 Wetland Impact #3: 0.049 ac (2,149 sf) 160 SCALE: 1 "=40' Know what's below. Call before you dig. rrz �.J I1 z REVISIONS: CLIENT INFORMATION: TRIBUTE DEVELOPMENT, INC. 10 SOUTH CARDINAL DRIVE WILMINGTON, NC 28403 E N G I N E E R 1 N G, 1 N C. 122 Cinema Drive Wilmington, North Carolina 28403 (910) 791-6707 (0) (910) 791-6760 (F) NC License #: C-2846 WETLAND IMPACT MAP TOWNHOMES AT SCOTT'S HILL PENDER COUNTY NORTH CAROLINA PROJECT STATUS CONCEPTUAL LAYOUT: PRELIMINARY LAYOUT: FINAL DESIGN: RELEASED FOR CONST: DRAWING INFORMATION DATE: 12.17.21 SCALE: AS NOTED DESIGNED: GJB DRAWN: GJB CHECKED: TGC SEAL FIG 2 PEI JOB#: 21125.PE `J NOTATION: CB DCB DI DDI EW FES HW IFS MH OS YD YI BC BEE BW FFE FLUME GFE HP LP PAD PG RP SW TC TW = CATCH BASIN = DOUBLE CATCH BASIN = DROP INLET = DOUBLE DROP INLET = ENDWALL = FLARED END SECTION = HEADWALL = INTERFERENCE STRUCTURE = STORM MANHOLE = OUTLET STRUCTURE = YARD DRAIN = YARD INLET (2-SIDE OPEN THROAT) [NCDOT STD. 840.02 1 840.03] [NCDOT STD. 840.16 1 840.46] [NCDOT STD. 840.35] [NCDOT STD. 838.80] [CoW SD 2-03] [SEE DETAILS SHEET] [ADS NYLOPLAST] [NCDOT STD. 840.04] = BOTTOM OF CURB (GUTTER/FLOWLINE) ELEVATION = BREEZEWAY ENTRANCE ELEVATION = BOTTOM OF WALL (BOTTOM OF EXPOSED WALL FACE AT GRADE TIE-IN ELEVATION) = FINISHED FLOOR ELEVATION = CONCRETE DRAINAGE FLUME FLOWLINE ELEVATION = GARAGE FLOOR ELEVATION = HIGH POINT ELEVATION = LOW POINT ELEVATION = DUMPSTER PAD ELEVATION = PROPOSED GRADE = RAMP ELEVATION = SIDEWALK ELEVATION = TOP OF CURB ELEVATION = TOP OF WALL PIPE OUTLETS SHALL HAVE FLARED END SECTIONS (UNLESS OTHERWISE INDICATED OR IF PIPES ENTERING PONDS ARE SUBMERGED) SLOPE = 0% STORM DRAIN PIPE NON -WOVEN FILTER FABRIC (GEOTEX 801 OR APPROVED SUBSTITUTE) PLAN SECTION TAILWATER FLOW NCDOT CLASS B (d50=8") EROoION CONTROL STONE ON A LAYER OF 4" NCDOT #5 OR #57 STONE (t) MATCHLINE - SEE SHEET FIG-2 — — — — Dp O DD T'Ia�44LrC�� Wetland Impact #5: 0.002 ac (98 sf) Oo Z 0 > 0 7-o 0 Z� 0• -n Ncn0 -0 n z r r r N W Z WETLANDS Wetland Impact #6: 0.001 ac (31 sf) MATCHLINE - SEE SHEET FIG-2 Wetland Impact #7: 0.002 ac (73 sf) I WETLANDS Open Water Impact #1: 0.02 ac PERMANENT RIP RAP APRON 9' X 13'L (TYP. - SEE DETAIL) JURISDICTIONAL CHANNEL (NON -STREAM) RETAINING WALL BY OTHERS \ WETLANDS Wetland Impact #1: 0.005 ac (207 sf) PERMANENT RIP RAP APRON 9' X 13'L ,._ (TYP. - SEE DETAIL) PERMANENT BYASS CULVERT [91 LF] 36" RCP CL III [6" FILL AT BOTTOM] SWALE INV.UP(SE)=26.50 SWALE INV.DWN(NW)=26.00 PIPE INV.UP(SE)=26.00 PIPE INV.DWN(NW)=25.50 PROPOSED SWALE (TYP. - SEE DETAIL) SINGLE FAMILY HOMES, TYP. \\ 0 Wetland Impact #2: 0.006 ac (259 sf) PUMP STATION knaw what's below. Call before you dig. GRAPHIC SCALE 0 20 40 80 160 SCALE: 1 "=40' REVISIONS: CLIENT INFORMATION: TRIBUTE DEVELOPMENT, INC. 10 SOUTH CARDINAL DRIVE WILMINGTON, NC 28403 E N G I N E E R 1 N G, 1 N C. 122 Cinema Drive Wilmington, North Carolina 28403 (910) 791-6707 (0) (910) 791-6760 (F) NC License #: C-2846 WETLAND IMPACT MAP TOWNHOMES AT SCOTT'S HILL PENDER COUNTY NORTH CAROLINA PROJECT STATUS CONCEPTUAL LAYOUT: PRELIMINARY LAYOUT: FINAL DESIGN: RELEASED FOR CONST: DRAWING INFORMATION DATE: 12.17.21 SCALE: AS NOTED DESIGNED: GJB DRAWN: GJB CHECKED: TGC SEAL FIG 3 PEI JOB#: 21125.PE 4.0 JURISDICTIONAL DETERMINATION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00647 County: Pender County U.S.G.S. Quad: Hampstead NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Wilcox Subdivision Tract / Hampstead/ Pender / Wilber Corbett Trust Size (acres) 20.8 Nearest Town Hampstead Nearest Waterway Mill Creek River Basin Onslow Bay USGS HUC 03020302 Coordinates Latitude:34.345271 Longitude: -77.733246 Location description: Site is located east of US Highway 17 North in Hampstead, Pender County, NC. 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 protectionmeasures, 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. X There are waters, including wetlands,on the above described property, that may be subjectto 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 beenproperly delineated, this preliminary jurisdiction determination may not be used in the permit evaluationprocess. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands,at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that youhave 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 subjectto the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters 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 youhave 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. The wetlands on your project areahave 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 subjectto CWA jurisdiction onyour 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. Page 1 of 2 _ 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 areawhich are subject to the permit requirements of Section404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Depaitnient of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Thomas Charles at (910) 251-4101 or thomas.p.cha rles(aus ace.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 9/27/2021 and a desktop review by Thomas Charles (10/14/2021). D. Remarks: This determination is only for the project area depicted on the preliminary upland & Wetland delineation sketch for the Wilcox Tract Pender County, NC (20.8 Acres) Map dated 9/2021. 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 ConservationProvisions 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.SHANNIN@USACE.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 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: 2021.10.1416:13:06 04'00' Date: 10/14/2021 Expiration Date: 10/14/2026 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 http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0. Copy Furnished: Land Management Group Wes Fryar 3805 Wrightsville Avenue Suite 15 Wilmington, NC, 28403 NOTE: This is not a survey. All boundaries and distances are considered ,, {: _: -: . approximate. This represents a preliminary sketch prepared from field notes. A Yt `-:, , " . survey of delineated areas and review and approval by the U.S. Army Corps of , 1, ` Engineers is recommended prior to specific site planning. N � l ', 4 gt. L.4."\ . C ./ P C:: Project E r ..•,, ■ P. "�. • lr y :q'. 4-. v 6 WB56 -.,=. r 4. ' . , . _.77--J ". ,, , -- `.-16,' .-7". --- ' ' if ,.:-i ..' Q.:1. :. „f- WA30 WB26 • t' k . ,r , WA31 ,r�. . WA42 ,11.: • Data Points WB25 �" _. f.T / Il i / . .,, /' \ WB1 tie WD15 WC1-9 sltf a P Legend :: �` M Parcel Boundary - 20.8 Acres in -•' Potential Uplands -17.1 Acres (82%) . _ - Potential Wetlands - 3.7 Acres (18%) . 404 Wetland Line -=^` F. , '`homas 6s —.. Potential Waters of US (non-stream) -531 Lf © Data Points U u.. L:\WETLANDS\2021 WETLANDS FILES\LMG21.032 --- N Willcox Subdivision, Tribute\Maps 0 150 300 600 Boundaries are approximate and not meant to be absolute. Feet Map Source: 2020 GIS World Imagery Layer Wilcox Tract m G Pender County, NC L Preliminary LAN)MANAGEMENT GROUP Upland/Wetland MapDate: September 2021 a DAVEYt.company Delineation Sketch p 3805 Wrightsville Avenue LMG21 .032 Wilmington, NC 28403 (910) 452-0001 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List r ■■■ ■■ ■ NC DEPARTMENT OF • a■It■.. NATURAL AND CULTURAL RESOURCES ■ ■■■ April 10, 2022 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: Townhomes at Scotts Hill Dear Kim Williams: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Directtrr, Natural Heritage Program NCNHDE-17660 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, 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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 4) 121 W. JONES STREET, RALEiGh 1_ NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC V9 707.9120 • FAx 919.707.912i Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Townhomes at Scotts Hill April 10, 2022 NCNHDE-17660 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State Group servation Occurrence Status tatus Rank Rank In i Date IM Rank Dragonfly or 33765 Somatochlora Coppery Emerald 2004-Pre H? 5-Very Significantly G3G4 S1? Damselfly georgiana Low Rare No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on April 10, 2022; source: NCNHP, Q4, January 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 April 10, 2022 ❑ Project Boundary ❑ Buffered Project Boundary NCNHDE-17660: Townhomes at Scotts Hill 1:23,686 a 0.2 0.4 0.8 mi 0 0.325 0.65 11.3 km Sources: Esn. HERE. Garmn. Iniemiap. in men[ P Corp.. GESCO. USGS. FAO. NPS. NRCAN. GeoSase, IGN. Hadaster NI_ Ordnance Survey. Esri Japan. METE. Esn China (Hang Hong)_ lc] OpenSlreetMap Contributors, and the GIS user Community Page 3 of 3 IPaC IPaC resource list U.S. Fish & Wildlife Service This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) 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. Location •)% Pender County, North Carolina Map of project location Local office Raleigh Ecological Services Field Office t. (919) 856-4520 fi (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 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 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 STATUS Northern Long-eared Bat Myotis septentrionalis Threatened \\O Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 0\-f\l> Birds NAME STATUS Piping Plover Charadrius melodus Threatened There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos. fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa 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/1864 Red -cockaded Woodpecker Picoides borealis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Threatened Endangered Reptiles NAME American Alligator Alligator mississippiensis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/776 Green Sea Turtle Chelonia mydas There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6199 STATUS SAT Threatened 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. S\I°1\41.19 https://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle ❑ermochelys coriacea Endangered 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://ecos.fws.gov/ecp/species/1110 Insects Threatened NAME STATUS Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants Candidate oN NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3281 Endangered 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. \)6. 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 Acta. 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 https://www.fws.gov/program/migratory- birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard- conservation-measures.pdf 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 fist and how this list is generated, see the FAQ below. This is not a fist 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 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 OF THE DATES INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE RANGE. "BREEDS ELSEWHERE" INDICATES American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. THAT THE BIRD DOES NOT LIKELY BREED IN YOUR PROJECT AREA.) Breeds Apr 1 to Aug 31 Breeds May 1 to Jul 31 Breeds Apr 1 to Jul 31 )1 Red-headed Woodpecker Melanerpes Breeds May 10 to Sep er hroce halosto3/4\ y� P 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds elsewhere 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 datasetsCl\') Probability of presence data is continuously being up ated 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 Lab of Ornithology Neotropical 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 othertaxa 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. d_) L. 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. Coastal Barrier Resources System Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be subject to the restrictions on federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more information, please contact the local Ecological Services Field Office or visit the CBRA Consultations website. The CBRA website provides tools such as a flow chart to help determine whether consultation is required and a template to facilitate the consultation process. k THERE ARE NO KNOWN COASTAL BARRIERS AT THIS LOCATION. Data limitations The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by fo{lowing the instructions here: https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation Data exclusions CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact CBRA@fws.gov. 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 \O THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory nC44! 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 FORESTED/SHRUB WETLAND PFO4/1 Ad PFO1Ad A full description for each wetland code can be found at the National Wetlands Inventory website 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. oiN Data exclusions "4 V 1 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.