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HomeMy WebLinkAbout20220730 Ver 1_ePCN Application_20220524DWR Division of Water Resources Pre -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?* Yes No Is this project a public transportation project?* Yes • No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 4/4/2022 BIMS # Assigned * Version#* 20220730 1 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 What amout is owed? * • $240.00 $570.00 Select Project Reviewer* Holley Snider:eads\hasnider 1a. Name of project: Blue Clay Road Business Park la. Who is the Primary Contact?* Kim Williams - Davey Resource Group 1 b. Primary Contact Email: * 1c. Primary Contact Phone: * kim.williams@davey.com (910)452-0001 Date Submitted 5/24/2022 Nearest Body of Water Prince George Creek Basin Cape Fear Water Classification C; Sw Site Coordinates Latitude: Longitude: 34.318227 -77.895626 A. Processing Information County (or Counties) where the project is located: New Hanover Is this a NCDMS Project Yes • No Is this project a public transportation project?* Yes • No la. 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: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): 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?* 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 1j. Is the project located in a designated trout watershed? Yes 9 No B. Applicant Information 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes • No Yes • No 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: New Hanover County 2b. Deed book and page no.: 2c. Contact Person: Kevin Caison 2d. Address Street Address 200 Division Drive Address Line 2 City Wilmington Postal / Zip Code 28401 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (910)798-4338 2g. Email Address:* kcaison@nhcgov.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 4e. Fax Number: (910)452-0060 1. Project Information 1 b. Subdivision name: (if appropriate) 1c. Nearest municipality / town: Castle Hayne 2. Project Identification 2a. Property Identification Number: R02600-002-005-000; R02600-002-005-003; R01800-007-001-000 (portion) 2b. Property size: 122.3 2c. Project Address Street Address 3950 Juvenile Center Rd; 4011 & 4101 Blue Clay Rd Address Line 2 City State / Province / Region Castle Hayne NC Postal / Zip Code Country 28429 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Prince George Creek 3b. Water Resources Classification of nearest receiving water: * C; Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300070807 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:* Most of the site consists of fallow fields. A forested area exists in the southeastern part of the site. Wetlands in this area support loblolly pines, water oak, and red maple. Forested uplands support loblolly pines, sweetgum, magnolia, and red maple. A perennial stream runs through the middle of the site. Several ditches extend through the site and connect to the stream. A Progress Energy easement transects the site. Adjacent land use consists of forested areas to the east and north and industrial uses to the west. The County jail exists — 700 feet north of the site. 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: 12.4 4g. List the total estimated linear feet of all existing streams on the property: 2987 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a business park within the site. Impacts are needed for the construction of a logistics center, site access, utilities, and stormwater infrastructure. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project consists of the construction of a business park, which will be constructed in phases. Phase 1 consists of a logistics center that will serve the entire County's emergency services - this includes fire, sheriff, health services, etc. Therefore, positioning this center right off of Juvenile Center Rd is important. Roads, utilities and stormwater facilities throughout the larger site are also planned in Phase 1 (Figures 6-8). Phase 2 wit include the construction of individual lots for business development. The end users of these lots have not been identified yet, however a conceptual master plan is included (Figure 9). All proposed impacts to jurisdictional features are depicted in this PCN. Note that the area directly east of the logistics center that will remain undeveloped is in a long-term lease to Coastal Horizons. They have been using the property for 30 plus years for mental health activities in their programs which includes a ropes course and other nature activities. Therefore, it is not available for development. The site plan shows Phase 1 development, which includes stormwater facilities for future structures proposed in Phase 2. NCDOT is requiring 2 points of ingress/egress to the site because of its size. They would not authorize both access points from Blue Clay Road so coming off of Juvenile Center Rd was the only other option. There is one right in/right out driveway on Blue Clay but that is for one user, not the entire development. Also, the easement that bisects the site creates further access challenges since there are very strict grading allowances and clearances that must be maintained from their poles. Construction Sequencing: Sedimentation and erosion control measures will first be installed. Then the limits of disturbance will be cleared of vegetation. Accessways and utilities will be installed. The roads will cross a perennial stream in two locations. Culverts will be used at these crossings to maintain hydrologic flow. One culvert will be 48" and will be buried 0.8'. The other culvert will be 54" and will be buried 1 ft. Check dams will be placed downstream of the crossings to trap sediment during construction. They will be removed once the stream channels have stabilized. 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 Comments: No Unknown 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-2019-00891 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Christopher Inscore Timmons Group 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Rachel Capito of the USACE issued the PJD on 05/31/19. 6. Future Project Plans 6a. Is this a phased project?* • Yes No 6b. If yes, explain. Phase 1 consists of a logistics center that will serve the entire County's emergency services. Roads, utilities and stormwater facilities throughout the larger site are also planned in Phase 1. Phase 2 will include the construction of individual lots. All proposed impacts to jurisdictional features are depicted in this PCN. 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): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction O Buffers 2a. Site #*(?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition * (?) 29. Impact area* 1 Fill for parking P Headwater Forest N/A Yes Both 0.259 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.259 2i. Comments: 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.259 3a. Reason for impact (?) 3b.lmpact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* S1 1 Permanent Culvert UT of Prince George Creek Perennial Both 8 Average (feet) 60 (linear feet) S2 2 Permanent Culvert UT of Prince George Creek Perennial Both 5 Average (feet) 60 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 120 3i. Total stream and ditch impacts: 120 3j. Comments: 4. Open Water Impacts 3i. Total temporary stream impacts: 0 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area 1 Building and Stormwater P N/A Fill Ditch 0.04 2 Building and Stormwater P N/A Fill Ditch 0.04 3 Building and Stormwater P N/A Fill Ditch 0.07 4 Building and Stormwater P N/A Fill Ditch 0.06 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.21 4h. Comments: E. Impact Justification and Mitigation 4g. Total permanent open water impacts: 0.21 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The stream channel spans the length of the site and could not be avoided while still accessing uplands throughout the site. NCDOT requirements determined that two crossings were needed. Bridges were determined to be too expensive. Headwalls will be used to reduce impacts to streams. Additionally, parking within the logistics center has been reconfigured to reduce wetland impacts. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: A stormwater permit and sedimentation and erosion control permit will be obtained prior to site construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? 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: Non -riparian wetland 3c. Comments Quantity: 0.5 Stream impacts are below 0.02 acre. Therefore, no stream mitigation is proposed. We have requested a credit reservation letter from the bank and will forward it as soon as it is received. 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 is located in the Cape Fear River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 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 Coastal Counties HWQ or ORW Other Comments: The project engineer has submitted an express stormwater permit application. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? * Yes No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)?* Yes No Comments: * We are not aware of any NEPA/SEPA environmental documents needed for this project. 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 access or utilities to adjacent properties. No additional impacts are anticipated within the site. Stormwater and sedimentation and erosion control permits will be obtained prior to site construction to limit impacts to downstream waters. 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 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 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 used to determine the known presence of rare species. No federally listed species are known to occur on the site. The northern long-eared bat is documented within one mile of this site (very low accuracy). The USFWS IPaC database was also reviewed. Most of the site consists of fallow upland fields. The wooded portion of the site supports a mix of pines and hardwoods and does not appear to provide suitable habitat for the RCW. This area may provide suitable habitat for the northern long eared bat. Although this species is known to occur in New Hanover County, no roost trees are in close proximity to the site and any potential take from tree clearing would be exempt per the 4(d) rule. Wetlands are densely vegetated do not appear to provide suitable habitat to support federally listed plants known to occur in the region. The site does not appear to provide suitable habitat for any other federally protected 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 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA EFH Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes 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 known presence of cultural or historic resources. No cultural or historic resources are identified on or near the site. 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 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 Blue Clay Business Park Attachments.pdf 14.28MB 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 c Date 5/24/2022 DAVEY. Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 May 24, 2022 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Blue Clay Road Business Park; New Hanover County, NC NWP 39 Application Action ID# SAW-2019-00891 To Whom It May Concern: On behalf of New Hanover County, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments for the Blue Clay Road Business Park located off Blue Clay Road and Juvenile Center Road in Castle Hayne, NC. The purpose of the project is to construct a business park within the site. The project proposes to impact 0.259 acre of wetlands, 120 LF of stream (0.017 ac), and 0.21 acre of jurisdictional ditches for access and general site development. To mitigate for the wetland impacts, the applicant proposes purchasing credits from the Northeast Cape Fear Umbrella Mitigation Bank. 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 BLUE CLAY ROAD BUSINESS PARK New Hanover County, NC 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 Figure 5. Site Plan Showing Proposed Impacts Figure 6. Stream Crossing #1 Detail & Cross Section Figure 7. Stream Crossing #2 Detail & Cross Section Figure 8. Conceptual Site Plan for Business Park 3.0 PRELIMINARY JURISDICTIONAL DETERMINATION 4.0 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 Blue Clay Road Business Park project located in New Hanover County, NC. All questions regarding this project should be directed to Davey Resource Group. Sincerely, Applicant Kevin Caison Print Name 5/18/2022 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. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan Showing Proposed Impacts Figure 6. Stream Crossing #1 Detail & Cross Section Figure 7. Stream Crossing #2 Detail & Cross Section Figure 8. Conceptual Site Plan for Business Park Wri ghtsb oro ac or Paa v 44 1133] NlilmrngWir IntlArrpprt _414.rng'rPku._ Boundaries are approximate and not meant to be absolute. Map Source: World Street Map r J t1, • Sources: Esri, HERE, Garmin, USgUnytermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong)ynEsri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, andhe GIS User Community, Esri, HERE, Garmin, (c) OpenStreetMap contributors N 0 0.5 1 2 Miles Blue Clay Business Park New Hanover County, NC May 2022 DRGNCW22.278 DAVEY*, Resource Group Figure 1. Vicinity Map 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 Boundaries are approximate and not meant to be absolute. Map Source: USGS Topographic Quadrangle for Castle Hayne National Geographic Societ ;cub fe N A 0 500 1,000 2,000 Feet Blue Clay Business Park New Hanover County, NC May 2022 DRGNCW22.278 DAVEYt. Resource Group Figure 2. Topographic Map 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Legend Le: Leon Sand Mu: Murville fine sand Pn: Pantego loam St: Stallings fine sand To: Torhunta loamy fine sand Wr: Wrightsboro fine sandy loam To Boundaries are approximate and not meant to be absolute. Map Source: NRCS Soil Survey GIS Data Esri, HE -RE, Garmin, (c) OpenStreetMap contiibutors N 0 250 500 1,000 Feet Blue Clay Business Park New Hanover County, NC May 2022 DRGNCW22.278 DAVEY*, Resource Group Figure 3. Soils Map 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Boundaries are approximate and not meant to be absolute. Map Source: 2020 NC OneMap Blue Clay Business Park New Hanover County, NC May 2022 DRGNCW22.278 N 0 250 500 1,000 A Feet DAVEY*, Resource Group Figure 4. Aerial Photograph 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 N/F 9PCO INC 317-002-003-000 390, PG 343 N/F SAFRIT CHARLOTTE A ET AL PIN: R01817-002-004-000 DB 6076, PG 98 1 \ \ -7 \ / 4 o. 0 9 0 N/F WILHEIT PHILIPA PIN: R01817-002-001-000 DB 2486, PG 948 N/F W3 CAPE FEAR LLC PIN: R02500-002-028-000 DB 5780, PG 236 / / EXISTING UTILITY EASEMENT N/F NEW HANOVER COUNTY PIN: R01800-007-001-000 DB 459, PG 599 EXISTING —60' RIGHT-OF-WAY DB 5274 PG 257 / \ \ N/F N/F N/F WILHEIT PHIL A BLUE CLAY WAREHOUSING I, LLC. : R01817-002-00 -000 PIN: R02600-002-012-000 DB 2486, PG 950 \ DB 5937, PG 830 PACIFIC CREST MANAGEMENT LLC N/F BLUE CLAY WAREHOUSING I, LLC. PIN: R02600-002-011-000 DB 5937, PG 825 I 11 ,1 11 11 11 00 11 11 11 00 11 11 11 1/ ,1 11 11 11 1 11 Stream Impact #2: 0.006 ac (60 LF x 4.5 LF) Stream Impact #1: 0.011 ac (60 LF x 8 LF) 1 / N/F 1 / ORTH CAROLINA STATE OF l PIN: R01800-007-001-00 I DB 5852, PG 2598 1 / MB 54, PG 349 I / N/F PAUL G. BURTON HEIRS PIN: R02600-002-005-001 DB 9907, PG 117 /1 // N/F NEW HANOVER COUNTY PIN: R01800-007-001-000 DB 459, PG 599 1 N/F POWELL BAIL BONDING INC PIN: R02600-002-006-000 DB 5361, PG 909 ///// \ PERENNIAL STREAM N EXISTING 60' RIGHT-OF-WAY DB 5274 PG 257 i N43°1159"E N/F PAUL G. BURTON HEIRS PIN: R02600-002-005-002 DB 9907, PG 117 370.51' (TIE) 150' 0 N/F D. WEBSTER TRASK, TRUSTEE D. WEBSTER TRASK REVOCABLE TRUST PIN: R02600-003-003-000 DB 6026, PG 2780 150' 300' SCALE: 1 "=150' (Horiz.) 2 CS 100 REV.NO. DESCRIPTIONS DATE REVISIONS SEAL' 4MCKIM&CREED 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048, Fax: (910)251-8282 License: F-1222 www.mckimcreed.com I NEW HANOVER COUNTY FACILITIES MANAGEMENT 200 DIVISION DRIVE WILMINGTON, NC 28401 (910) 798-4338 I SITE DATA TABLE GENERAL INFORMATION PROPERTY OWNER: RMP SIDBURY ROAD LLC PARCEL ID: R01900-002-004-000, R01900-002-009-000 CURRENT ZONING: R15 TOTAL ACREAGE: 122.27 AC (5,325,989 SF) PROPOSED USE: PERFORMANCE RESIDENTIAL ADDRESS: 6010 SIDBURY RD; 6220 SIDBURY RD NOTES: WETLAND INFORMATION BASED ON THE DELINEATION ON SURVEY CONDUCTED FOR JURISDICTIONAL DETERMINATION SAW-201-000891 08.10.18. SOILS INFORMATION BASED ON INFORMATION OBTAINED FROM A SOILS REPORT ISSUED BY ECS SOUTHEAST, LLP DATED 10.15.2021. DUKE ENERGY TO DESIGN, OWN, AND MAINTAIN STREET LIGHTING IN ACCORDANCE WITH THE NEW HANOVER COUNTY SUBDIVISION ORDINANCE, SECTION 52-9. ALL COMMUNITY OWNED OPEN SPACE AVAILABLE FOR USE AS DRAINAGE AND/OR UTILITY EASEMENT. Figure 6. Phase 1 Site Plan Showing Proposed Impacts CS104 KEY MAP SCALE: NTS CS101 1 LEGEND AND NOTES BLUE CLAY ROAD BUSINESS PARK NEW HANOVER COUNTY, NORTH CAROLINA JURISDICTIONAL FEATURES IMPACT MAP J DATE: 03/03/2022 MCE PROJ. # 00494-0039 DRAWN BPD/HKA DESIGNED DPS/BPD CHECKED RAM/DPS/RAS PROJ. MGR. RAM SCALE HORIZONTAL: VERTICAL: M&C FILE NUMBER CX101 DRAWING NUMBER EX1 STATUS: FINAL DESIGN - REVISION NOT RELEASED FOR CONSTRUCTION '3+ 50 36 PROPOSED 8" PVC C-900 WATER MAIN 8,24d-fail 35 PROPOSED 10' UTILITY EASEMENT C PERENNIAL STREAM 50-FT VEGETATED SETBACK 52.00' DRAINAGE EASEMEN1 / Stream Impact #1: 0.011 ac (60 LF x 8 LF) 1 32 1 \ / IIII 1111 A 1 1 I I I 11 , I /I I II I �111 j 1 1 1' /l \ II I11/ IIII I \ 11,1/1'11 I _ III11 1� 1 I 1 0/ I /T Ill / r I\ / /I PROPOSED R/W (TYP) PROPOSED R/W (TYP) l 32 I 1- EXISTING 145' DUKE ENERGY EASEMENT 47.00' DRAINAGE EASEMENT g i 1 I £, TRIUMPH DRIVE (60' PUBLIC R/W) 45 40 APPROX. LOCATION 50' VEGETATED SETBACK APPROX. LIMITS EXISTING DUKE ENERGY EASEMENT PV/ STA: 26 09.65 PVl ELEV. 33.07 35 30 25 PROPOSED GRADE -0.95% 1' MIN COVFR— EXISTING GRADE PROPOSED 8" PVC C900 WATER MAIN K. 206. 0 L VC: 300.00 LP STA: 26 56.20 LP ELEV. 3.56 m DIP WATER MAIN AT CROSSING 20 15 N W 48" RCP (BURIED 0.8') 18" 401 LF 8' C9UU (n7 0.40% C) 2 2 z 1 MIN 418LF 8" C900 ©0.40% 20 LF CENTERED UNDER CROSSING co (o co 22+50 23+00 40' -4' 0 c) (n co (o O L c) H 24+00 40' HORIZONTAL SCALE: 1 "=40' (Horiz.) 0 4' SCALE: 1"=4' (Vert.) 80' 8' co co (n co N 25+00 c) co co O c) (o c) co oo 26+00 SEAL\ (O 10 co O (o Ln Ln 2/+00 CV O co 28+00 4MCKIM&CREED 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048, Fax: (910)251-8282 License: F-1222 www.mckimcreed.com I Figure 7. Stream Impact #1 Detail and Cross Section NEW HANOVER COUNTY FACILITIES MANAGEMENT 200 DIVISION DRIVE WILMINGTON, NC 28401 (910) 798-4338 I UI-Ir \ 40 1/ w z J \ \ 40 35 n GRADE ° HEADWALL ENDWALL 48" RCP ev Li - 25 25 EXISTING GRADE 20 20 10+00 141)1NA7 -4' 11+0011+15.9 0 40' \ r" HORIZONTAL SCALE: 1"=40' (Horiz.) 0 4' 80' 8' BLUE CLAY ROAD BUSINESS PARK NEW HANOVER COUNTY, NORTH CAROLINA TRIUMPH DRIVE CROSSING / \I • \-1-\\\1\\I\ l .I \ I 1/ \• II 1 II l �I DATE: 03/03/2022 MCE PROJ. # 00494-0039 DRAWN BPD/HKA DESIGNED DPS/BPD CHECKED RAM/DPS/RAS PROJ. MGR. RAM nSCALE HORIZONTAL: VERTICAL: L rM&C FILE NUMBER EXHIBIT DRAVMNG NUMBER A L STATUS: FINAL DESIGN - REVISION NOT RELEASED FOR CONSTRUCTION 18" MIN 12" GATE VALVE PROPOSED 6" PVC C900 FORCE MAIN PROPOSED GRADE EXISTING GRADE PROPOSED 12" PVC C-900 WATER MAIN HORIZONTAL SCALE: 1 "=40' (Horiz.) SCALE: 1"=4' (Vert.) 411LF R _C900 @ 0.40% PROPOSED R/W PROPOSED 10' UTILITY EASEMENT PV/ STA: 13+39.81 PV/ ELEV.: 35.75 K200 00 LVC: 150.09 HP STA: 12+64.80 HP ELEV. 36 13 END 6" PVC C900 FORCE MAIN STA 14+15 SSMH-1 STA = 14+11.28 RIM = 34.86' NV IN = 20.70' (SSMH-2) INV OUT = 20.70' 14LF 8" C900 © 0.40% 0 0 Z 1- cn w SEAL\ 24" RCP 18" MIN 1061 F 8" C900 @ 0.40% 54" RCP (BURIED 1.0') Stream Impact #2: 0.006 ac (60 LF x 4.5 LF) PROPOSED 10' UTILITY EASEMENT PROPOSED R/W 18" MIN 15+00 16+00 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048, Fax: (910)251-8282 License: F-1222 www.mckimcreed.com 8" C-900 292.42' LOGISTICS ROAD (60' PUBLIC R/W) °V/ ST1 PV/ E! K. L VG LP ST/ LP EL Figure 8. Stream Impact #2 Detail and Cross Section NEW HANOVER COUNTY FACILITIES MANAGEMENT 200 DIVISION DRIVE WILMINGTON, NC 28401 (910) 798-4338 35 a C u TERLINE I a a- U. 35 c u c cc c w U a a 0 cc < a co HEADWALL 30 H U PROPOSED GRADE 30 no_ LI 25 ENDWALL BURIED 1.0' 25 =-4"RCP 46 LF @a 0.79% 20 EXISTING 20 GRADE 't 0 0 o 0 o o 0 o Ln o N o M o o 0 0 0 11+0011+1/01 HORIZONTAL SCALE: 1 "=40' (Horiz.) SCALE: 1"=4' (Vert.) BLUE CLAY ROAD BUSINESS PARK NEW HANOVER COUNTY, NORTH CAROLINA LOGISTICS ROAD CROSSING DATE: 03/03/2022 MCE PROJ. # 00494-0039 DRAWN BPD/HKA DESIGNED DPS/BPD CHECKED RAM/DPS/RAS PROJ. MGR. RAM SCALE HORIZONTAL: 1 "=40' VERTICAL: 1 "=4' DRAWING NUMBER REVISION NOT RELEASED FOR CONSTRUCTION , . N r 7---atialw" ' -- _ F. --,----_--..--_ / i4 ' r'i . .......,, • • -- -•-•-•:--- -----,_,-.„_ -- - I tiff1 . , I \ • ...;I-6,,,...._,,,--• •JO V4/4 / :•10...?,.- ----:- 4.,4%,„?, Ql&--_,- Ill' ., ,", /11; ii, : SITE DATA TABLE / ••:, I + // • i"( '', `-- \ ••• -----.,------ 6, 6-C.'. BUILDING BLDG.SF PARKING SPACES . /, i /i • „.-.....,,,, 0 po,,,,,,VC,,/,,,2N,,, /1 188,000 185 g iii / / ,,,,.:,/, I/iii L , , I __ 2 97,500 162 4b-'' ...„,,) < __ / ,,,,,, ::::::0063 ,y ,,,,..„„ , ,• -- -..., 3 40,000 91 . 4 28,000 42 i ,i, I, I / •k ' ' 81 : / --- 1 \/ 5 78,750 115 ''aiqq' ; / , ±57,000 SF '45,' .9' ' / ',•• I \ 0- :::: 4;11, 10 0 1: :.$0::::::.. r -'••"....2,,--- / t 1( I".• (BY OTHERS) i tY \.,, / ‘---, l , -- 0170:0:0•000•••••••••' `..../'-,'-•-•= ••"--.---7-•- 6 78,750 115 IVO,0 0.•90•O. ,' ..• C•,4 i, _"•,... 7 123,750 200 / // /1,' / a, , )1 ' '-- . e _I\---rist:•::•::•.0.0.......:. .. . /.. . .,--.... -- , ,' : 1 -11: 1 4-70 ' \ , , tittootz.::•::•::•20,. 8 200,000 216 20'CFPUA EASEMENT 5•1006, LOGISTICS BUILDING 57,000 N/A / If \I I JO \ I /I I is/ I \ / / TOTAL 891,750 SF 1126 AP , / .g- ,-. ..•-• i,./ mioh- // \ , 1 ALL CALCULATIONS ARE APPROXIMATE AND SUBJECT TO CHANGE : - -•, ., -••••,....,,,,. ) / NO SETBACK I I 1 '''' i '.."dY 1 I I't/9411 Vete N./-4.OW:44,4 40#000001:4411.' / / i'- / I'l li tit 1 //-- i Ai 1: 1:$0414010:::::•::::: 10401:1:0: • 1--' , <AP i,,, - ' .6r, j c.)/ '.:, 4 lit:4 Peititkik 4:4 I-,10$00. :::Vifill:10:10110011#11f r '--' 4t 1 on, ,e c,,,r,.__\.., ,,, , _______T, -47iir. : tolitiogemealoo: ,1 ito:••:000:•••••••••••••110•6:00,040:40 \ ------ _ • _ ,.._ ..._ ___ __ ,07// -. /01110:101:41:04:41-•:::::::::::::::::::::::::::::::::::::::::::: ,,, , , .,, „s.6 r,; 1 ?*- I it 4_,'/ iltiltitekbtketlftlar f,'..,0:14:•:Ofte::*****:•::•$1,1•Soar. / 7 a.--- /I' '•';' -2 l'''' -' dijle ,4140§Itallie , ,'11:0:0:040:10.110.6000400.11.00::AO.110 - < i . f • g• ::•• _•1 /II 'II 100' 0 100 200' / / nr '3\ • ''- -' - --- ---------iJ_----. -:--t.... , -ret..,410:01:11: , : : : : : : : : ::::::::. :\ .> •o .:: ,, /II reee,...-1 , / / r., _____ __ i i:--,'' .-0.11604 0.00::0.00.0.%%Vole 0:40 / \ , , it oat:kV 2.111.46,0411.04, ' / • '0.77.1,7,14. / 5._S,_EATvl 36;KT R E I g--:-_AZ/I I I I 41#: '.,: -1410:00P.t0:446-11:0:t4.0:,' . ?....:6•10:014$0,14.10:44. SCALE 1”=100. (Horlz.) / /-' .----s'' /'•--• --_, --- - • • • : ' . '4..- ' -' • -10•00:Inir: IP '/ .o. L '1__.--J,>\'-' 'Li' ''' / h,, . / \ , • • NO SETBACK '::::::::::::::::::::::::: , \': , . • \ 7• lielklestolt 4, _ i , NO SETBACK / / or 4 I ,--' I/ iiirr- ,,----- ------ - '.\,11.'-' / \ •low.1•*No,_2 li i ,, _,,, ,> ,/ /\ BLDG.6 -'-'•"••••-•"-1-_-- -- -- -.- ..' ..-' ...-`,,, _--- STORMWATER / • 1•'' 1;./ •-- i / d' / _.,_I-^ < el' '''''\ • ±123,750 SF -__'•,---- -- -- - CONTROL _________ . / S,.., .,.) -v..-- fr.:-A'ZI MEASURE '.......;----.---,- -:.', / STORMWATER_,,±200 PARKING 1 AREA -- -----,41........ -i '-- ° / ,i Pa I \ CONTROL ;-.° • i • #' 1-•' 2CI'.. ''''S (0 , SPACES MEASURE /-'3; ,/ • ___ ..,.- - ' C I ) •-•' r",\ I 34 "'‘ / /) AREA % 0 . f --'' • - ,..,..... _4 i...,....,_...„__ _ .,__......._.... 1.7 I ,..1101711:11.7• ''. '/ ------,-----_- _,) 7 •_, / ir ----__ -_-,..., -----,,, --_-___, - ....,0._ _ .,.---.....f- . . „,,, • ::::::::::::::::: ::: , ..„._.- -...--ram....„ ,, --..., --- --- / - i _ •NO1 ---- ...----='-'-'7"''''.49. ,,' --- . ------- e' ,r•i' STORMWATER '''‘•"- ' ,I'' ,../ i --- +., ±,- / . /33 NO SETBACK ----..."....•..' ..'--.,, ':::1__-____,.„;,,,,-„_,. ._...„___ ,,,-"=•-•- ‘ / CONTROL / •••0,00.004.060004,..- / / i / .2.g la/I ii /I ---'.-------".\ - I 1.•:' 1 ,4•0.141•40:0104.":, // l 171-0 0 -0 I 1 Th..-1"...."".". "."".'".....--- - ,:4, - r;„ ;-- - ‘‘,./ _T\ ...?, i r i al / .4:1:•:Attaltpka*,,'1/ '---35-,_2 )s, , II i (ri ,„ / \ ,7`z' 40.::•ersr*S•Vo 4f,-,,// -1 ,---1-_---1---,\,,,, 0____{3,i n , ,, • 0410:40:0:0•••/,'• /.•• / -, 1 , •• .,--fr,---_____>.•:::****:•:•., 1/ ,i-'?6, //7 /\ .-•-• ' • ---, Y, . k,../ , , ...,;\ \\ / . ...., ,,,,,, , _, ,---k. ,•.; 1 '-,-yc,` ,/ 1 11:*VW.''• /\ / 1 [ I gg t1 1 $ 1---=-. ........._-......•- - ±40,000 SF r'-- 1\ 31,-, ' I •5 ' ',f I, +91 PARKING . 4. ....., .•,/ / \\ 1.‘ , .•,0.,:.,• ,../• / / '',5‘ 'es- 1 l : / // I . Li. - SPACES - '•-no \/ z \1 '/ / /I c, \ \II \\\\'3\ •••-5=---;4.-'._.!•_•__, , ,, , \ • ." ' • • ' - I a 1 \ ___ \I l / \ / °I --...... ............_ /--,.__. ,/ I • , c",.., /‘ / .• r _ ,, ' -40111•1Th"...•••••.. \ I • . ( ''rk:.:i '-.1-',,-_';' - ,13' • -, 4-____,&,,,R , • , , ,,,s, 1 , • \ ,,- -30`- ,,,,,- • I ,,,,,, ) - - ! i I • \ N . / I CS! f--8„ 7 - --:ftimeem•raWall -1. /-'-',i' ---- ‘ I -...,.. ...,„.t..,....- •• - 7 / ---"' -'-'---:.f. --('- \ 1 i 32 '///:"±-7B(aT,olisF /Ill sToRmwAT;C;c7,\ i 4' \ , / i -----•'-'-'-•-,-------. .--- CONTROL ./1/0°it: '33.\ 33 \ SPACES 1_,- ,, ,••'', I _ ,-T / .7- ,..., \ , 7, MEASURE ,-5 AREA \ I / BLDG.5 r / / . .. ----------:-_,to • 34 - ',/ ±157,500 SF I e`g' ? ^ co BLDG.7 ±230 PARKING / ,. ( '''ci / ' . \ ..,i ±200,000 SF -r - SPACES .' ,. / \ 31 / I ,••`? / ,,.. /7, \ \ ‘1 ,• \ i l ? ti / z-357' / / i 1 SPACES I ' //' BLDG.2 --),„/_., 1 ±97,500 SF ) I 1 1 • it.. Ii .„_-,,-7 PUMP :162 PARKING .' 2.5' I .° 11 1 ,.?,5.. STA. 1 i 14 I SPACES / _______ 1 -••.. ,-- ----,-,---'"'''''"..'..'..,..a .,._`\ ,.-,---/--fcf•-•, ---- ____----- ----____________ I 3•, I 2-4- i I 3.'' 8.' (,) ••-•--4 o o , .„ 1 ,,,1 4 t, c., . . , ,....„_......._/ ....,..*:, nP -'/--- I 'i --=----•-../, ' ''' .--. .-- -..".4....,.................................ftillio.s.............., I I / i // r/ -Fie., A-_-• \-' Ilin . -.--- ° Ee- 1\\ ,`,9 ---"' L) V2---=--- ' 77. --. .n ...-.___I'M'n'`':- .L,-, --=.----_-(/.• 36 ,u•P • • i • , i 0)1 1 BLDG.4 r r L / ,4\ N\ a > I I ±28,000 SF k kV III - ,) I •/ ±42 PARKING - •••••••• I; 5 /1 I- I n 1 I 1 i i • ,, ) 9, ii SPACES A c3L....} 2 /IP ,W $ 11 Er LI I i 1 ; ,,, I-, / -- I II gg i ) AD 0, s . „ 1 v :1 POTENTIAL / -. ( r\_. , \i, [ ' , ,) , UMENT g RAILROAD SPUR ‘ , ! tp c1- k - _:, , ,, i 7,), 7- if i . 2 I ---i- 1 I . ..--.... ... ......j .• ......, --k--- .%"""""''''''''"""'''' ''''' '"i'-'-''-', __ ,...,"' --.........1" ' _ vi. iimmor.- ....,' t- F' . lirrriv-11 0,,, - ' MEW..• .----- ttj „ '. . -...".. -.- *- ----g .•' - . " -- . „,-,,,,,,, \ -il--.•.--- -.--.--.----,- ....-----------,=,. .._ ..___ mili.....IN 60'PUBLIC RIGHT OF WAY C6, / / V \ S...... _.--- „ I 1 / I _ _/---- 12.5'AVERAGE STREETYARD g / \ Figure 9. Concept Plan for Business Park NO BUFFER NO SETBACK (SECONDARY) LANDSCAPE / 50'BUILDING SETBACK BUFFER/SCREENING 7----- ----4----4-- I g / \ \ I 1516 .6 66 1 MC FILE NUMBER <, 243 North Front Street FACILITIES MANAGEMENT VERTICAL: BLUE CLAY ROAD BUSINESS PARK DATE: 08/26/2021 SCALE SEAL SEAL • coNTY., MCE PROJ.# 00494-0039 i E g NEW HANOVER COUNTY I; ''qp, HORIZONTAL: oRA.No.m.ER DRAWN, ,?4fr, McKIIVI&CREED 0 , , DESIGNED z -d-,-, ,-, NEW HANOVER, NC 066 rt 2 Wilmington,North Carolina 28401 CHECKED 200 DIVISION DRIVE 1 Phone:(910)343-1048,Fax:(910)251-8282 WILMINGTON,NC 28401 1- IA -,- CONCEPT SITE PLAN B - FOR DISCUSSION •_ PROJ MGR RAM L/ --,-. . 'STATUS REVISI E License:F-1222 (910) 798-4338 PURPOSES ONLY PRELIMINARY DESIGN c' ) r‘ REV NO DESCRIPTIONS DATE www.mckimcreed.com 09 23.2021 09.07.2021 \1/4 REVISIONS 1 • • E 9 • 3.0 PRELIMINARY JURISDICTIONAL DETERMINATION U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00891 County:New Hanover U.S.G.S. Quad:NC-Castle Hayne NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Wilmington Business Development Agent: Timmons Group PO Box 1698 Christopher Inscore Wilmington,NC 28402 5410 Trinity Group Suite 102 Raleigh,NC 27607 Size(acres) 120 Nearest Town Castle Hayne Nearest Waterway Prince George Creek River Basin Cape Fear USGS HUC 03030007 Coordinates Latitude: 34.317047 Longitude: -77.894888 Location description: Project area is located northwest of the intersection of Juvenile Center Road and Blue Clay Road in Castle Hayne,New Hanover County,North Carolina.Project area is composed of farm fields,forested areas,and a commercial business located south of the Juvenile Detention Center. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).The waters have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/10/2018. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part 331).However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. ❑ There appear to be waters on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA) (33 USC§403).However,since the waters have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA) (33 USC§403)and Section 404 of the Clean Water Act (CWA)(33 USC§ 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waterson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act(CWA) (33 USC§ 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-00891 ❑ The waters on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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 have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE.Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA). You should contact the Division of Coastal Management in in Wilmington,NC,at(910)796-7215 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 Rachel Capito at(910)-251-4487 or Rachel.A.0 apito(ausace.army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 5/31/2019. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and request for appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele,Review Officer 60 Forsyth Street SW,Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date of JD: 5/31/2019 Expiration Date of JD:Not applicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND dillew REQUEST FOR APPEAL Applicant: Wilmington Business Development File Number: SAW-2019-00891 Date: 5/31/2019 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The ollowing identi ies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit,including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns, (b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal 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 district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 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 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 CONTT FOR QUESTIONS RR 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 Mr. Jason Steele,Administrative Appeal Review Officer Attn:Rachel Capito CESAD-PDO Wilmington Regulatory Office U.S.Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street,Room 10M15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington,North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn: Rachel Capito,69 Darlington Avenue,Wilmington,North Carolina 28403 For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn: Mr.Jason Steele,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801 Phone:(404)562-5137 Estimated amount Geographic authority to Type of aquatic of aquatic resources which the aquatic resource Site Number Latitude(decimal Longitude in review area resources(i.e., "may be"subject(i.e., degrees) (decimal degrees) wetland vs. non- (acreage and linear Section 404 or Section feet, if applicable wetland waters) 10/404) RPW F 34.319644 -77.89475 0.06 acre Non wetland Section 404 waters RPW G 34.320101 -77.895973 0.05 acre Non wetland Section 404 waters RPW H 34.320234 -77.897681 0.07 acre Non wetland Section 404 waters RPW I 34.319796 -77.898507 0.07 acre Non wetland Section 404 waters RPW J 34.320255 -77.900041 0.09 acre Non wetland Section 404 waters 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1)the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2)the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 5/31/2019 B.NAME AND ADDRESS OF PERSON REQUESTING PJD: Wilmington Business Development, PO Box 1698,Wilmington,NC 28402 C. DISTRICT OFFICE, FILE NAME,AND NUMBER: Wilmington District, Blue Clay Road, SAW-2019-00891 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project area is located northwest of the intersection of Juvenile Center Road and Blue Clay Road in Castle Hayne,New Hanover County,North Carolina. Project area is composed of farm fields,forested areas, and a commercial business located south of the Juvenile Detention Center. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County:New Hanover City: Castle Hayne Center coordinates of site (lat/long in degree decimal format): Latitude: 34.317047 Longitude: -77.894888 Universal Transverse Mercator: Name of nearest waterbody: Prince George Creek E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): December 19,2019 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION. Estimated amount Geographic authority to Type of aquatic of aquatic resources which the aquatic resource Site Number Latitude(decimal Longitude in review area resources(i.e., "may be"subject(i.e., degrees) (decimal degrees) wetland vs. non- (acreage and linear wetland waters) Section 404 or Section feet, if applicable 10/404) Wetland 34.3199 -77.8928 8.14 acres Wetland Section 404 A Wetland B 34.318844 -77.891836 0.003 acres Wetland Section 404 Wetland C 34.323637 -77.899402 4.3 acres Wetland Section 404 Stream D 34.319175 -77.896042 2,243 linear feet Non wetland Section 404 waters Stream E 34.3183 -77.893 732 linear feet Non wetland Section 404 waters by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7)whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ®Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters'study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑USGS NHD data. ❑USGS 8 and 12 digit HUC maps. ❑U.S.Geological Survey map(s). Cite scale&quad name: ❑Natural Resources Conservation Service Soil Survey. Citation: ❑National wetlands inventory map(s). Cite name: ❑State/local wetland inventory map(s): ❑FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ®Aerial (Name & Date): or❑Other(Name&Date): ❑ Previous determination(s). File no. and date of response letter: ❑Other information(please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Staff member completing PJD Signature and date of person requesting PJD(Required unless obtaining signature is impracticable)t 1 Districts may establish timframes for requester to return signed PJD forms.If the requestor does not respond within the established time frame,the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 1,) Legend j Project Study Limits - 120.2 Acres E Stream Identifier 0 Wetland Identifier • Field Data Station Perennial Stream (R3) Relatively Permanent Waters (RPVV) Mr- Palustrine Forested (PFO) Wetlands Topographic Contours Major - 10 Feet Minor - 1 Foot :IIRJ*4WiNV:I0i1C Z < Z 0 0 < > 0 0 Z 0 LIJ z DM COM blia118 CLAY ROAD 1Pr:e'etterLetlryT„lbSha7eTeebe 16%eadn't-bsnngarb'y terrholeteeth ouP Wate s of the S have not been eon( mend bysthe USA rob eb.POeererngtse:e app a ate Topography based on USGS bilbAl2 'ClsTeradt!ons tl sole, en "se' r„;beZIOlgb Stre"'slseetetl tleterr„ine these =LPCIassbications Rigg.td"'"` REVISIONS FIGURE 6: INETLAN DS AN D WATERS OF THE U.S. DELINEATION MAP SCALE (FEET) R b805.86,13lue Clay Roa,GIS,7DMIC1860,7Dbil mxtl TABLE OF AQUATIC RESOURCES Estimated Amount of aquatic resource in review Type of aquatic resources(wetland Geographic Authority to which the aquatic resource"may be" Site Number Latitude Longitude area(acreage/linear feet) vs.non-wetland waters subject(i.e Section 404 or Section 10/404) A 34.320183 -77.893457 8.1 ac wetland(PFO) 404 B 34.318844 -77.891836 0.003 ac wetland(PFO) 404 C 34.323637 -77.899402 4.3 ac wetland(PFO) 404 D 34.319175 -77.896042 2,243 If non-wetland waters 404 E 34.317657 -77.892912 732 If non-wetland waters 404 F 34.319644 -77.89475 0.06 ac non-wetland waters 404 G 34.320101 -77.895973 0.05 ac non-wetland waters 404 H 34.320234 -77.897681 0.07 ac non-wetland waters 404 I 34.319796 -77.898507 0.07 ac non-wetland waters 404 J 34.320255 -77.900041 0.09 non-wetland waters 404 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List Roy Cooper, Governor ■ ▪ .'■ NC DEPARTMENT OF gam ■ NATURAL AND CULTURAL RESOURCES ▪ .•■■ May 17, 2022 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: Blue Clay Business Park Dear Kim Williams: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-17987 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 1 1:1 W. JONES STREET, RALEIGh i_ NC 27603 • 1CS1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC .19 707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Blue Clay Business Park May 17, 2022 NCNHDE-17987 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area* Managed 1,=.Nam711rDwner New Hanover County Open Space New Hanover County Owner Type Local Government NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on May 17, 2022; source: NCNHP, Q1, April 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 4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Blue Clay Business Park May 17, 2022 NCNHDE-17987 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last sr Element Accuracy Federal State Global State Group servation Occurrence Status tatus Rank Rank Date Rank Butterfly 34474 Neonympha areolatus Georgia Satyr 1997-08-16 H? 3-Medium Significantly G3G4 S2 Rare Mammal 24390 Corynorhinus Eastern Big -eared Bat 2006-Pre E 5-Very Special G3G4T S3 rafinesquii macrotis Low Concern 3 Mammal 32126 Myotis septentrionalis Northern Long-eared 1994-Post H? 5-Very Proposed Threatened G2G3 S2 Bat Low Endangered Reptile 35663 Deirochelys reticularia Eastern Chicken Turtle 2001-06 E 4-Low Special G5T5 S2S3 reticularia Concern Vascular Plant 10702 Litsea aestivalis Pondspice 1974-04 H 4-Low Special G3? S2S3 Concern Vulnerable Vascular Plant 3678 Platanthera nivea Snowy Orchid 1966-10-18 H 4-Low Endangered G5 SH No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area N-nedi Owner Owner Type Horticultural Crops (Castle Hayne) Research Station North Carolina State University State New Hanover County Open Space New Hanover County Local Government New Hanover County Open Space New Hanover County Local Government New Hanover County Open Space New Hanover County Local Government North Carolina Coastal Land Trust Easement North Carolina Coastal Land Trust Private Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on May 17, 2022; source: NCNHP, Q1, April 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 3 of 4 May 17, 2022 I Managed Area (MAREA) ❑ Buffered Project Boundary ❑ Project Boundary NCNHDE-17987: Blue Clay Business Park Cape Fear Community College -North Sources: Esn. Airbus OS. USGS. NGA NASA. CGIRR. N Robinson, NCEAS. NLS, O5. NMA. Geodalaslyrelser. Rgkswaterstaal. GSA Geoland FEMA. Inlermap and the Gl5 user rAmmunily Sources! Esri, HERE. Garmin FAO. NOAA. USGS. ® OpesStreelMap ccnlnbutars. and the G15 User Community Page 4 of 4 IPaC 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 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. Nor Location )\° New Hanover County, North Carolina Local office Raleigh Ecological Services Field Office t. (919) 856-4520 la (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 ThreatenedC) \ Wherever found No critical habitat has been designated for this species. https://ecos.fws.gav/ecp/species/9045 Birds S‘3\11" NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. Threatened jamaicensis Wherever found No critical habitat has been designated for this species. https://e cos.fws.gov/ecp/species/10477 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 Threatened 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 Endangered Wherever found No critical habitat has been designated for this species. https://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/7761\414.1\ Green Sea Turtle Chelonia mydas Threatener\40 There is final critical habitat for this species. The location of the critical habitat is not available. \I\ r https://ecQs.fws.gov/ecp/species/61 99 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered Wherever found - I % % There is proposed critical habitat for this species.The location of the critical habitat is not available. https://ecos.fws.gov/ecplspecies/5523 i Leatherback Sea Turtle Dermochelys 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 Threatened There is final critical habitat for this species.The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/1110 Snails NAME STATUS Magnificent Ramshorn Planorbella magnifica Candidate Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6216 Insects NAME STATUS Monarch Butterfly ❑anaus plexippus Candidate1\44 Wherever found No critical habitat has been designated for this species. o'S\40 https://ecos.fws.gov/ecp/species/9743 Flowering Plants \000 NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3281 Golden Sedge Carex lutea 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/6025 Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8549 Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act \411\ and the Bald and Golden Eagle Protection Act?. ,e ‘O 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. . iSse.4V4001 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/I i bra ry/col lections/avo id i ng-and-minimizing-i n cidenta l-ta ke- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/defau It/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 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 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 OC441" RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT leftak°Ic LIKELY BREED IN YOUR k PROJECT AREA,) American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31 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 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 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 Breeds May 10 to Sep erythrocephalus 10 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Rusty Blackbird Euphagus carolinus Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions(BCRs) in the continental USA AS Swallow-tailed Kite Elanoides forficatus— Breeds Mar 10 to Jun 30 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.govle cp/species/8938 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 datasets 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 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 other taxa besides birds that may be helpful to you in your project review.Alternately,you may download the bird model results files underlying the portal maps through the NOAA NCCQS 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 Pa_m Loring. i 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. ii::11141' 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 following the instructions here: https://www.fws.govfservice/coastal-barrier-resources-system-property-docu mentation 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. l'44 Fish hatcheries .< \0 ‘‘ * \.)1 THERE ARE NO FISH HATCHERIES AT THIS LOCATION. \••,611‘Cill ,•-., V4`81SIS Wetlands in the National Wetlands Inventory c)C44! Impacts t❑ 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 ❑f Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRESHWATER EMERGENT WETLAND Palustrine RIVERINE Riverine 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. Data exclusions %%NILO 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.