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HomeMy WebLinkAbout20220863 Ver 1_ePCN Application_20220623Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Initial Review Has this project met the requirements for acceptance in to the review process?* OO Yes 0 No Is this project a public transportation project?* OYes 0No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 5/9/2022 BIMS # Assigned * 20220863 Is a payment required for this project?* O No payment required O Fee received Fee needed - send electronic notification Reviewing Office* Washington Regional Office - (252) 946-6481 Information for Initial Review Version#* What amout is owed?* O $240.00 0 $570.00 Select Project Reviewer* Robert Tankard:eads\rbtankard la. Name of project: Refuge at Broad Creek la. Who is the Primary Contact?* Kim Williams - Davey Resource Group lb. Primary Contact Email:* lc. Primary Contact Phone:* kim.williams@davey.com (910)452-0001 Date Submitted 6/23/2022 Nearest Body of Water Upper Broad Creek Basin Neuse Water Classification SC; Sw; NSW Site Coordinates Latitude: 35.112303 A. Processing Information Longitude: -76.952148 County (or Counties) where the project is located: Craven Is this a NCDMS Project 0Yes ONo Is this project a public transportation project?* 0Yes ONo la. Type(s) of approval sought from the Corps: EI Section 404 Permit (wetlands, streams and waters, Clean Water Act) O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* 0 Yes O No 1b. What type(s) of permit(s) do you wish to seek authorization? O Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? OYes 0No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 29 - Residential Developments le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: If. Is this an after -the -fact permit application?* O Yes O No O 401 Water Quality Certification - Express 0 Riparian Buffer Authorization lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No lh. Is the project located in any of NC's twenty coastal counties? O Yes O No 1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? O Yes O No 1j. Is the project located in a designated trout watershed? Yes • No B. Applicant Information 0 Unknown 0Yes ONo OYes 0No ld. Who is applying for the permit? O Owner O Applicant (other than owner) le. Is there an Agent/Consultant for this project?* OYes 0No 2. Owner Information 2a. Name(s) on recorded deed: Quail Woods Village Ltd 2b. Deed book and page no.: 2c. Contact Person: Rose Anderson 2d. Address Street Address 211 Wilson Point Rd Address Line 2 City New Bern Postal / Zip Code 28562 2e. Telephone Number: (252)636-7652 2g. Email Address:* roseflower@suddenlink.net 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group, Inc. 4c. Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kim.williams@davey.com C. Project Information and Prior Project History State / Province / Region NC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (910)452-0060 1. Project Information 1b. Subdivision name: (if appropriate) Refuge at Broad Creek lc. Nearest municipality / town: New Bern 2. Project Identification 2a. Property Identification Number: 2-015-024 2c. Project Address Street Address Quail Woods Drive Address Line 2 City New Bern Postal / Zip Code 28560 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Upper Broad Creek 3b. Water Resources Classification of nearest receiving water: * SC; Sw; NSW 3c. What river basin(s) is your project located in?* 2b. Property size: 13.2 State / Province / Region NC Country USA Neuse 3d. Please provide the 12-digit HUC in which the project is located. 030202040403 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site is currently undeveloped. Several wetland pockets are scattered throughout the site. The tract was recently cleared of timber except for a few white oaks, water oaks, and hickory trees. The majority of the site now supports a herbaceous layer of oaks, bracken fern, and grape vines. Wetlands support an herbaceous layer of switchcane and red maples. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 0 Yes O No 0 Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 4g. List the total estimated linear feet of all existing streams on the property: N/A 4h. Explain the purpose of the proposed project:* The purpose of the project is to construct a residential subdivision within the site to accommodate the housing needs of the community. Wetland impacts are needed to install roads and lots. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project consists of constructing a residential development with 17 single-family lots that will utilize on -site septic systems. Sediment and erosion control measures will be put in place. The limits of disturbance will be cleared of vegetation and graded. Utilities and roads will be installed. Then homes and septic systems will be constructed/installed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas? * Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made? * Preliminary -0, Approved O Not Verified 0 Unknown O N/A Corps AID Number: SAW-2019-00684 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: William Wescott Wescott Environmental Services 0 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR David Lekson of the USACE issued the PJD on 5/23/19. 6. Future Project Plans 6a. Is this a phased project?* 0 Yes O No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No. The tract is currently owned by Quail Woods Village Ltd, which is the developer of the existing Quail Woods S/D, located adjacent to the tract. They purchased the tract after the existing subdivision was developed. Although the site will be accessed from Quail Woods Drive, it will have separate stormwater and erosion control plans and a separate HOA from the Quail Woods S/D. Therefore, the project is independent of the adjacent subdivision. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): RI Wetlands O Streams -tributaries OJ Open Waters 0 Pond Construction 2. Wetland Impacts 0 Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type* (?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* 1 Road and lot fill P Hardwood Flat N/A Yes Both 0.470 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.470 2g. Total Wetland Impact 0.470 2i. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Because of the size and location of wetlands within the site, avoidance was not possible while still maintaining an economically viable project. Additionally, large lots are needed to accommodate both the house footprints and septic system layouts (see Figure 6). 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain stormwater and sedimentation and erosion control permits prior to development. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? • Yes O No 2c. If yes, mitigation is required by (check all that apply): DWR O Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program 1 Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Brice Creek Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Non -riparian wetland 3c. Comments Quantity: 1.0 F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. 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: No streams are located on or within 50 feet of the site. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* O Yes V No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? OYes 0No Comments: 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 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?* 0 Yes G No 3b. If you answered "no," provide a short narrative description. Project will not provide access or utilities to adjacent tracts. No additional impacts are anticipated on this site in the future. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* f, Yes 0NoC 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. The project will utilize on -site septic systems. 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 0 No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* 0 Yes ® No 5d. Is another Federal agency involved?* 0 Yes 5e. Is this a DOT project located within Division's 1-8? 0 Yes 0 No ® No 0 Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? OYes 0No 5g. Does this project involve bridge maintenance or removal? 0 Yes 0 No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 0 Yes 0 No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? 0Yes ®No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur within the site. The Atlantic sturgeon, shortnose sturgeon, and West Indian manatee are known to occur within a one mile radius of the site, likely within the Upper Broad Creek, which is approximately 0.75 mile east of the site. The site does not contain suitable habitat for these species. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species are aquatic. No channels exist on site. Very few trees exist on site, therefore it does not provide suitable habitat for the NLEB or RCW. The site does not appear to provide suitable habitat for any other species known to occur in the area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA EFH Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* 0 Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes O No Sc. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center website was reviewed. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Refuge at BC_Attachments.pdf 15.19MB 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 944e&o.w.d Date 6/23/2022 DAVEY Resource Group TO: US Army Corps of Engineers 2407 W. 5th Street Washington, NC 27889 June 23, 2022 NC Division of Water Resources 943 Washington Square Mall Washington, NC 27889 RE: Refuge at Broad Creek S/D; Craven County, NC NWP 29 Application Action ID# SAW-2019-00684 To Whom It May Concern: On behalf of Quail Woods Village Ltd, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments for the Refuge at Broad Creek residential subdivision located in New Bern, NC. The purpose of the project is to construct a residential subdivision to serve the housing needs of the community. The project proposes to impact 0.47 acre of non -riparian wetlands to construct roads and lots. The applicant proposes to purchase 1 acre of non -riparian wetland credit from the Brice Creek Mitigation Bank to compensate for these unavoidable impacts. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 REFUGE AT BROAD CREEK Craven 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. Site Plan Showing Septic System Locations 3.0 PRELIMINARY JURISDICTIONAL DETERMINATION 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 5.0 CREDIT ACCEPTANCE LETTER FROM BRICE CREEK MITIGATION BANK 1.0 AGENT AUTHORIZATION FORM DAVEY Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby ey unfarmatthorize DnVrelands�urce Group to act as our agent in the preparation and representation of for the lZefit,e at Broad Creek project located in Cravenhe C untion 4041401 permit application this project should be directed to Davey Resource �' NC. All questions regarding Group. Sincerely, Applicant Print Name J e 11 a0 cZ - Dae Phone;910.452.0001 3805 Wrightsville Ave.,Suite 15,Wilmington, NC 28403 daveyresourcegroup,comicaro I i nas 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. 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Map Source: USGS Topographic 7.5 Minute - Craven N 0 250 500 1 000 ft Refuge at Broad Creek Craven County, NC June 2022 DRGNCW22.258 DAVEYt Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Figure 2 Topographic Map Soils Ag: Augusta loamy fine sand, 0 to 2 percent slopes CnB: Conetoe loamy sand, 0 to 5 percent slopes Mu: Murville fine sand, 0 to 2 percent slopes Ro: Roanoke fine sandy loam, 0 to 2 percent slopes Se: Seabrook fine sand, 0 to 2 percent slopes L:\WETLANDS\2022 WETLANDS FILES\DRGNCW22.258\Maps Boundaries are approximate and not meant to be absolute. Map Source: GIS Soils Data Craven County N 0 150 300 600 ft Refuge at Broad Creek Craven County, NC June 2022 DRGNCW22.258 DAVEY1. 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' . , .9., , . • aq • i - •., • oo • Or N L:\WETLANDS\2022 WETLANDS FILES\DRGNCW22.258\Maps A 0 150 300 600 Boundaries are approximate and not meant to be absolute. ft Map Source: 2020 NC OneMap Refuge at Broad Creek Craven County, NC DAVElft Resource Group Figure 4 June 2022 3805 Wrightsville Avenue Aerial Photo DRGNCW22.258 Wilmington, NC 28403 (910)452-0001 R:ILandDeWQuail Woods Village LTD - Ph 3 - 20141491CADD1_DWGICivil\Prelim PIat\P-1 PRELIMINARY SITE PLAT.dwg P 1 PRELIMINARY SITE PLAT; GVLUSER4;1 1-Jan 22 @ 9:15:10 AM VICINITY MAP (NOT TO SCALE) Ex 8" PVC WA ;PRUNE 5'V6' 2-5" CV GENE AL_ NOTES 1I- 24.13' M er N/F CAROL LEIVFS HUDSON 0.6. 3217 P0. 922 M.B. r4 PG. 4 P.N. 2-015-021 N JONATHAN L. HDRRELL & AMY M. NORRE'LL D.B. 3208 PG. 623 P.N. 2--015-2-081 QUAIL WOOD SUBDIVISION PHASE 1, SECTION 2 INV 9.13 1 p x 70 SIGHT TRIANGLE, TYP, 1N V 9.26 8 z u NJF JESS T. FRAME, & KAS5ANLRA N. HARVET.L 0.B. 3284 PG. 710 R.N. 2-015-2-080 0 N ZACHARY D. C1•IENOWETH d- C'OURTIVEY R. CHENDVIETITh1 D.B. 3228 PG. 687 P.N. 2-015-2-079 4' WOOS AND WROUGHT IPON FENCE ON PROPERTY LINE TOP W25'44'48'F 172.30'172.30' • J kir 670'42'4 "W 60..I3' (CH) f?= 35.5 00' W.8" PVC C-9 s $'L1 I--' EX BLDG -10' NON -AUTO ACCESS ESMT. PC G, SL 133--A Nfl P. C N, SL 130 F/G PAUL T. AL 17ZER INDICATES EXISTING If?RIGA7AON Ir3ENE AGNES MAGNESS SYSTEM IS LOCATED MTxIN P.N. 2-0! --2 0 5 P.N. 2-0l5-2-OTS THE EASEMENT SY 8.4'+/ it 275.40' .yr ,- \� �]-,1---- 01 / \ 0_S6 AC 4\....Z\ \ :1/ , . (243/26 SF) i ti \ \ -- -1 0.46 AC � (20058 BF) 1l �� k f LIB- "1_2_2r 1 J I l�r /Cry r.-� L J i 0,81 AC • f �--•� r'i577li CFl - OW) 158.13' I f \ I \ -11 C) [ri l \ 0.34AC I , (15005 sl�� 1�1 \ 11yj L- -\ I ;DX 70 Si3HT 20' LAC 1 J TRIANGLE, TYP. lr_ C 1 ?4.02' / ti J. r SANDY PATH RD 63' RIW - PUBU C - 20 PVMT 1. TOPOGRAPHIC AND BOUNDARY SURVEY PROVIDED BY PATRICK L. HARTMAN, P.L.S. WITH RIVERS 2?. AND ASSOCIATES, INC. 2. AREA DETERMINED BY COORDINATES. 3. ALL DISTANCES ARE HORIZONTAL GROUND MEASUREMENTS. 4. PROPERTY SUBJECT TO ANY EASEMENTS, RESTRICTIVE COVENANTS, OR RIGHTS OF WAY WHICH MAY BE OF RECORD. 5. A PORTION OF THIS PROPERTY IS LOCATED WITHIN A "ZONE X' (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FL-OODPLAIN) AND "ZONE AE" (AREAS DETERMINED TO BE INSIDE THE 1% ANNUAL CHANCE FLOODPLAIN (100 YEAR FLOOD) AS DETERMINED FROM FIRM MAP 3720650000J, DATED: JULY 2. 2004. 100 YEAR BASE FLOOD ELEV.=7.7' (NAVD 1988), NOT EFFECTIVE PRELIMINARY REVISED BASE FLOOD ELEVATION IS 8.0' (NAVD 1988). E. WATER SUPPLY BY FIRST CRAVEN SANITARY DISTRICT. 7. SEWAGE DISPOSAL TO BE PROVIDED BY INDIVIDUAL LOT SEPTIC TANK SYSTEMS. $. THIS PROPERTY IS LOCATED IN TRI-CCIOMUNITY FIRE DISTRICT. 9_ ELECTRICAL SUPPLY BY TIDELAND EMC (UNDERGROUND). 10, THIS TOPOGRAPHIC SURVEY 15 TIED TO NCGRID (NAD 83/2011) 11. STATE STORM WATER PERMIT IS REQUIRED. 12. CRAVEN COUNTY STORM WATER PERMIT IS NOT REQUIRED. 13. ALL UTILITIES WILL BE UNDERGROUND. 14. WATER SERVICES TO BE SCHEDULE 40 PVC. 15. NCDOT DRIVEWA" PERMIT IS NOT REQUIRED. 16. TRASH COLLECTION TO BE PROVIDED BY A PRIVATE CONTRACTOR. 17. THE CONTRACTOR SHALL GUARANTEE ALL MATERIALS AND WORKMANSHIP FOR CONSTRUCTION OF THE ROADWAY, DRAINAGE, WATER UTILITIES AND SEEDING FOR A PERIOD OF ONE YEAR FROM THE DATE OF ACCEPTANCE AND FINAL PAYMENT FROM THE OWNER. 18. OFFSITE BORROW SHALL BE FROM AN APPROVED BORROW SOURCE. 19. PAVED AREAS SHALL BE COMPACTED TO 95% MAXIMUM DRY DENSITY EXCEPT FOR THE TOP 6" OF SUBGRADE WHICH SHALL BE COMPACTED TO 100% MAXIMUIw1 DRY DENSITY IN ACCORDANCE WiTH AASHT0-T99. 211 AGGREGATE BASE COURSE SHALL BE TYPE ABC CONFORMING TO DIVISION 5 OF THE NCDOT STANDARD SPEC!FICAREONS_ 21. BITUMINOUS CONCRETE SURFACE COURSE SHALL BE TYPE 59.5B CONFORMING TO DIVISION 6 OF THE NCDOT STANDARD SPECIFICATIONS. 22. ALL MATERIALS AND INSTALLATION METHODS OF WATER SYSTEM SHALL MEET THE MINIMUM REQUIREMENTS DF THE F RST CRAVEN SANITARY DISTP.ICT MANUAL FOR THE DESIGN AND CONSTRUCTION OF WATER AND, WASTE WATER SYSTEMS EXTENSIONS. 23. EACH PRIME CONTRACTOR PERFORMING EXCAVATIONS OR UNDER GROUND WORK SHALL BE RESPONSIBLE FOR THE LOCATION OF ANY EXISTING UTILITIES IN THE AREA OF THEIR WORK, NOTIFY THE UTILITY LOCA`OR SERVCE (1-800-632-4-949) AT LEAST 48 HOURS PRIOR TO COMMENCING CONSTRUCTION IN ORDER THAT EXISTING UTILITIES IN THE AREA MAY BE FLAGGED AND STAKED. CONTRACTOR SHALL USE ALL CARE NECESSARY WHEN WORKING IN AREAS KNOWN OR SUSPECTED TO CONTAIN UNDERGROUND UTILITIES, INCLUDING HAND DIGGING, 24. GENERAL CONTRACTOR SHALL VERIFY ALL EXISTING INVERT ELEVATIONS PRIOR TO CONSTRUCTION. 25. NEW AND EXISTING FIRE HYDRANTS SHOWN ON THIS PLAN HAVE OR SHALL BE INSTALLED THAT NO PORTION OF BUILDING(S) LOCATED FURTHER THAN 400' FROM THE HYDRANT AS THE HOSE 15 LAID_ 26. NEW HOMES MUST COMPLY WITH ALL APPLICABLE BUILDING CODES, 2E. 611 STOP SIGN G'�e " TEE 2-ti' Gv _ S:EO YORANY N' ASSEA f.Y Y" PVC G-800 wATER 93.81' N/F DA WO tARL ANDERSON LORE7TA JUS17CE ANDERSON D.R. 1594 PG. ?55 P.N. 2-D 15-083 N2578 05 E 1,194. 72' (TOTAL) t 181.18' 1 170.89' Wetland Impact #1: 1.02 AC (44535 SF) { I� / _ / _ f-\l 1 J 0.47 ac 71 �9f7r� 92.00' L- 92.U4' 0.35AC (' 5079 SF) i r 18,6.46' L 0.40 AC 1,17413 SF). 'XB' TEL 6. CV FN ECUPSEO HYfiAANT f -9L0w ASSE,09Lr .20•� 84.87' J• NLnOr LA T ' OF - 60' PER£TUAL NON-EXCLUS VE RIGHT OF WAY ESMT. 06 928, PG 761, Pr: G, SL 18-0, PC F, SL 195 E AND D. 3091, PG 274 QUAIL WOOD SUBDIVISION PHASE I, SECTION 1 N ALEXANDER BOGDANJFF & JENNIFER BOGDANOFF D.B. 3554 PC. 1309 P.N. 2-015-•2--077 77G s4 Nfi FREDEI .'CK M. DEARMENT & SANDRA N. DEARMENT D.B. 2687 PC. 629 P.N. 2--015-2-076 1/ PERMITTING OF PRIVATE WATER MAINS 2' AND LARGER 15 REQUIRED BY NCDENR. THE PERMIT SHALL BE IN THE NAME OF THE OWNER. WATER WILL NOT BE PROVIDED TO THE PROJECT UNTIL THE FIRST CRAVEN SANITARY DISTRICT HAS PROVIDED VERIFICATION OF FINAL APPROVAL FROM NCDENR. LOTS1, 15 AND 17 ARE CORNER LOTS WITH SIDE STREETS AND SIDE STREET SETBACK CALLED oUr. NOTICE TO ALL LANDOWNERS/f EVELOPERS WETLANDS ARE VALUABLE NATURAL RESOURCES THAT PROVIDE- IMPORTANT ECOLOGICAL FL NOTIONS. BE ADVISED THAT ACT VITIES IN WETLANDS ARE REGULATED BY THE FEDERAL GCBVERNMENT UNDER SECTION 404 OF THE CLEAN WATER ACT. JURISDICTION WETLAND MAY INCLUDE 11.1E OLNCE-SHRUB POCOSINS THAT ARE COATING IN THE REGION. IF ANY PRESENT LANDOWNER, DEVELOPER, CORPORATION. OR OTHER PERSCN PROPOSES TO UNDERTAKE CONSTRUCTION/FILLING ACTIVES IN OR NEAR A LAKE, STREAM, TRIBUTARY, OR ANY OTHER UNNAMED B0DY OF WATER INCLUDING ITS ADJACENT WETLANDS, FEDERAL PERMIT AUTHORIZATION MAY BE REQUIRED FORM THE U.S. ARMY CORPS OF ENGINEERS PRIOR TO COMMENCEMENT OF ANY SUCH LAND DISTURBING ACTIVITIES. PLEASE CONTACT MR. HENRY WIKER, FIELD COORDINATOR, WASHINGTON, NC CORPS OF ENGINEERS REGULATORY FIELD OFFICE, TELEPHONE (252) 975-5811, FOR A WETLAND DETERMINATION AND INFORMATION REGARDING SPECIFIC PERMIT REQUIREMENTS. EXISTING WETLANDS: 3E,255 SF DISTURBED WETLANDS: 20,613 SF (0.47 AC) 13 I 0.51 AC (22236 SF) I/ r 0 EXISTING SOIL ZONE X ZGINE AE r_ .77:07 %N. = ZONE X i \\• : ,* •);.- / 10' SEPTIC „J kl J, i.=' 710,36 15' ORAINAsr EASEMENT CENTERED ON PROPERTY UNE 10' BRAINA3E CENTERED ON EASEMENT SETBACK -/ PROPERTY LINE / EOP CI 15 REAR SETBACK L.._ 10' SIDE SETBACK BUILDING /„ SeTBACK v...//:////://://// 0.80 AC 1g DRAINAGE EASEMENT CENTERED ON PROPERTY UNE 10' DRAINAGE E. UTIUTY TYPICAL LOT LAYOUT NOT TO SCALE 01* • ECLIPSED 141..- ZONE AE L / )25s, 10/ CRAVEN COUNTY CURVE DATA SEGMENT ARC RADIUS CHORD C4 43.62 50.00 42.25 C5 69.10 50.00 63.73 Figure 5. Site Plan Showing Proposed Wetland Impacts DITCH SHOULDER TYP. ArrIFT 20 PAVEMENT SURFACE COURSE TYPICAL ROAD SECTION NOT TO SCALE NCDOT RESIDENTIAL COLLECTOR ROAD PAVEMENT' SHOULDER VVIDTH WIDTH ZONE X LA ZONE AE SITE DATA PA9CEL NUMBER; TOTAL AREA IN TRACT: ZONING CLASSIFICATION: OUAIL WOODS VILLAGE, LTD. 2-015-024 12.98 ACRES N/A SITE DEVELOPMENT DATA MINIMUM LOT SIZE: 15,000 SF TOTAL NUMBER OF UDTS CREATED: 17 LOTS SETBACKS & MINIMUM LOT DIMENSIONS: FRONT WIDTH AT FROWSETBACK REAR SIDE FRONTAGE CORNER LOTS LINEAR FEET OF PROPOSED STREETS. LINEAR FEET OF WATERUNE: 6" CLASS 9C0 PVC 2" CLASS 9C0 PVC PRELIMINARY PLAT LEGEND 30 FT 75 ET 15 FT 10 FT 35 FT 20 FT SIDE STREET 1,485 30C LF ▪ • • Mom gektre TYPICAL DRIVEWAY TURNOUT GRADES NOT T1:11 SCALE CONTOURS BOUNDARY LINE RIGhr OF WAY ADJOINER LOT LINE CENTERLINE OF EIICH 100 YEAR anoo (FRS GIS DATA) WATERMAIIV 15" CPP CULVERT DRA1NAGE EASEMENT ASPHALT WETLANDS DISTURBED WETLANDS PROPOSED ROADWAY PROPOSED GRAVEL DRIVE PROPOSED ACCESS EASEMENT PROPOSED LOT DRAINAGE AND ELECTRICAL EASEMENT PROPOSED FORCEMAIN EASEMENT BUILDING FOOTPRINT BUILDING SETBACK LINE PRELIMINARY - NOT FINAL - NOT FOR RECORDATION, SALES OR CONVEYANCES GALL BEFOF' YOU Dia! NC, ONE -CALL CENTER ITS THE LAW! SCALE 1 inch = 50 ft NC License: F-0334 ci) cs 0 0 =1°1 cao '110, LO LLI cu co 0.4 CD oitiosiitiftt eLD REVISIONS: co NORTH CAROLINA CRAVEN COUNTY 0 DESCRIPTION CC DESIGNEE' BY: DRAWN BY: TAN CHECKED BY: DRAWING No. VJ-3841 SCALE: AS NOTED SHEET No P-1 R:\LandDeVlQuail Woods Village LTD - Ph 3 - 20141491CACC1_DWG1Civii\Prelim PIat\P-2 PRELIMINARY UTILITY PLAT.dwg-P-2 PRELIMINARY UTILITY PLAT; GVLUSER4;11-Jan-22 @ 9:17:11 AM • P14- WA r ERUNE 6 xii' TEE' 25"Cv 1 ' N/F CAROL LE149S HUDSON D.B. 3217 PG 922 M.B, 14 PC. 4 P.N. 2-015-021 N38° 51' 53°E Nfr JONATHAN L. HORRELL At AMY M. HORRELL D.B. 3208 PC. 623 .2-015-2-081 QUAIL WOOD SUBDIVISION PHASE 1, SECTION 2 43, 38, Nfi JESS T. FRAME 8 KASSANC•RA N. HARVELL D.B. 3284 PG. 71 G- P.N. 2-615-2-08a tO co co 24.13' 275.40' i5 18x75 co m co ▪ j 27x50 4- I 13505f 1350sI 1 Rx75 1350s1 0.46 AC (20058 SF) 18x75 135usf C3 II; N ZACHARY O. CYIENOWET1-I b. COURTNEY R CHENOA 77a D.B. 3228 PG. 687 P.N. 2-015-2-079 N25° 44' 4B"E 172.30' 27x57 0 1350sf D.34 A0 { 1 5009 SF) 1Bx7S 1350Sf 1" WA7R _ NETER (TYR) 20' CORNER 5E78A]K S25° 48' 0E'W 420.94"2�7 44 7 1___I.�L .��y r o���t N70'4„ 24 "W r--I 60.33' (CH) R= 355.00' N/F PAIL T. AL 17ZER & IRENE AGNES MAGNESS D.B. 2980 PG. 845 P.N. 2-015-2-078 QUAIL WOOD SUBDIVISION PHASE 1, SECTION 1 6X&' TEE 2-8" CV 75x36 2700sf 2" PVC C-9U.7 WA TEKUNE Ayr ❑AWD EARL ANDERSON &•, LORETTA .RJSIIGE ANDERS0N D.B. 7894 PG. 755 P.N. 2-075-083 N257805'E 7, 194.72' (TOTAL) 181.1 B' 170.89' 75x36 2700sf a 1.02 AC 44535 SF) 21 1 23' 67.75' 92.00 27x50 13506f 0.35 AC 115079 SF) r //rl//////r, / 17 1 /= 0.40 AC 1 /////////7/// {17415 SF) xs7E CV B' E71 GjPSED 1-0DRANT BLOW ASSE'Aif9LY 84. 87' N/F ALEXANDER 9PCOANoFF & JENNFER BOGDANOFF D.B. 3554 PG, 1309 P.N. 2-015-2-077 irir 0,35 AC (15093 SF) 27x5f] 27x50 13508f 1350ST 27x50 13505f 27x50 13500 27a50 27x50 /r $ ' N • FREDERICK At DEARMENT & SANDRA N. DEARMENT D.6 2687 PG. 629 P.N. 2-01.5-2-076 1350Sf T5x36 2700sf REPAIR 91.02' 83,00' 0.51 AC (22236 SF) 1 3505f 2Tx50 1350sf 2700sf REPA18 12 /.•i; // 11,E 1.05 AC 0.71 AC (45767 SF) (30901 SF) oI[vp 0 . "xE• TEE 6" Cv 6" rn 27x100 27005f 1.15 AC (50202 SF) 27000 REPAIR 10 0.80 AC (34636 SF) 4y • 27x100 2700sf div / .sue HTDRA? W ASSRdBLY IBx100 18008f LP' 'Y CRAVEN COUNTY D.8. 2764 PG. 858 P.N.2-015-020 Figure 6. Site Plan Showing Septic System Layout 0.76 A 27000 `(33257 SF) 2700sf ./ 168.05' 1.4004.10,01) UTILITY PLAT LEGEND _ V. I I [—D PROPOSED 1NATER LINE PROPOSED WATER UNE TEE PROPOSED SATE VALVE (G.V.) PROPOSED REDUCER PROPOSED ECLIPSE HYDRANT BLOW -OFF ASSY. PROPOSED FIRE HYDRANT ASSY. PROPOSED 1" WATER MVII'ETER PROPOSED SEPTIC SEWER FORCEMAIN PROPOSED SEPTIC SEWER FORCEMAWN EASEMENT UNSUITABLE SOILS FOR SEPTIC SYSTEM DRAINAGE SOIL SUITABILITY FOR SEPTIC SYSTEMS A AREAS PROVISIONALLY SUITABLE FOR SHALLOW CONVENTIONAL TYPE. SEPTIC SYSTEMS: .8 GPD/SQFT B AREAS PROVISIONALLY SUITABLE FOR SHALLOW(5"CAP) CONVENTIONAL TYPE SEPTIC SYSTEMS .8 CPO SOFT B1 AREAS PROVISIONALLY SUITABLE FOR SHALLOW(E"CAP)CONVENTIONAL TYPE SEPTIC SYSTEMS; .4 GPD/SOFT 92 AREAS PROVISIONALLY SUITABLE FOR SHALLOW(6"CAP) LOW PROFILE CHAMBER SEPTIC SYSTEMS; .4 GPO/SOFT C AREAS PROVISIONALLY SUITAELE OR FILL(MOUND) TYPE SEPTIC SYSTEMS; .3 GPD/SOFT D UNSUITABLE PRELIMINARY - NOT FINAL - NOT FOR RECORDATION, SALES OR CONVEYANCES CALL BEFORE 10..1 D!( ! WWW.NC91 1.ORG N.C. ONE -CALL CENTEf? IT'S THE LOW± 50' 0 25' S0' SCALE 1 inch = 50 ft NC License: F-0334 cif) - Uco 2- ;00— In to) < H o G7 o G] , < N wi v =PI 0 coo as 13 N 0) W CO as C7 c7 C) = 7 0] C 0) REVISIONS: OW] DESCRIPTION 0 2 W W U O ca ce w c9 w NORTH CAROLINA CRAVEN COUNTY J T-7 CC cc z W DATE: 5/15/19 DESIGNED BY: ,Js3J DRAWN BY: TAN CHECKED BY: JSJ PROJECT Va. 2014149 DRAWING No. W-3841 SCALE; AS NOTED SHEET No. P-2 3.0 PRELIMINARY JD U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2019-00684 County: Craven U.S.G.S. Quad:NC-Upper Broad Creek NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Quail Woods Village LTD c/o Mr.Gerald Anderson Address: 131 Quail Woods Drive New Bern,North Carolina 28560 Telephone Number: 252-636-7652 E-mail: roseflower(/suddenlink.net Size(acres) 13 Nearest Town New Bern Nearest Waterway Upper Broad Creek River Basin Neuse USGS HUC 03020204 Coordinates Latitude:35.112574 Longitude:-76.952062 Location description: The project area is an approximately 13-acre parcel of undeveloped land located off of Quail Woods Drive in New Bern,Craven County,NC. The parcel is approximately 0.10 miles northeast of the intersection of Broad Creek Road and Quail Woods Road,New Bern,NC. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). The waters,including wetlands have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map created by Wescott Environmental Services,Inc.,dated 4/2/2019. 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 33 I).However,you may request an approved JD,which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). However,since the waters,including wetlands have not been properly delineated,this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands at the project area,which is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters,including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters,including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. SAW-2019-00684 ❑ The waters,including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated.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,including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on.Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification. Z The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CA MA). You should contact the Division of Coastal Management in Morehead City,NC,at(252)808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). Placement of dredged or fill material,construction or placement of structures,or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403).If you have any questions regarding this determination and/or the Corps regulatory program,please contact Emily B.Thompson at(910)251-4629 or Emily.B.Thompson(uusace.armv.mil. C. Basis For Determination: The wetlands within the property were delineated using the Corps of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0. The wetlands within the property are part of a broad wetland continuum that abuts Upper Broad Creek, a Traditional Navigable Water. 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 10415 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.** Digitally signed by LEKSON.DAVID.M.1229827983 LEKSDN.DAVID.M.1229827993 Corps Regulatory Official: Date,2019.05.231525.01-04'00' Date of JD: 5/23/20I9 Expiration Date of JD: Not applicable SAW-2019-00684 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Wescott Environmental Services, Inc. Mr. William Wescott Address: 859 Manson Drewry Road Manson, North Carolina 27553 Telephone Number: (252) 402-9662 E-mail: wescottenvironmentalservices@gmail.com Requestor: Quail Woods Village LTD c/o Mr. Gerald Anderson Address: 131 Quail Woods Drive New Bern, North Carolina 28560 Telephone Number: 252-636-7652 E-mail: roseflower@suddenlink.net NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant:Quail Woods Village LTD,c/o Mr. Gerald File Number: SAW-2019-00684 Date: 5/23/2019 Anderson Attached is: See Section below n INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A n P• ROFFERED PERMIT(Standard Permit or Letter of permission) B n P• ERMIT DENIAL C n A• PPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at 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. -REQUEST F APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERK REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division Mr. Jason Steele,Administrative Appeal Review Officer Attn: Emily B.Thompson CESAD-PDO Washington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street,Room 10M15 207 West Fifth Street Atlanta,Georgia 30303-8801 Washington,North Carolina 27889 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 investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn: Emily B.Thompson,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 Potential Waters of the U.S. Map created on 4/2/2019 by Wescott Environmental Services, Inc. • "' , s '. ,;+ ':f urs. - _ _ r >• .- .,r t - r ."it"_' .,•. ,._. �` Y Cam{YyrJ # ,; 7_.W. ., ✓1►"r*'f ': Y Wetland A • A J• ,, - - •._ •„c.;. , • r itch * `, _ - " -`• _ __. - _+ir_. land.B Ditch 2 ,ili- A , ' ' 'fiP-A - \ t, ,, 'may, - i _ . • . •.-•;i. 0;+' Wetland C r ' i-- sii. .. , . , . ,.. .. .". , ... .. , , .. .1. ' ..1011P i---• - r--- „- - • -',,,i : ' 411 -- k . : : . _ .... , . t• P° 4'itiailit' -1°4 A!I , ...- • . A' . I 'it, . !Alto lir- ' Goo Ie arth A s aN., { - • 1 . i ::y 'r N°� r `� Wetland A: approximately 0.14 acres Non-wetland waters 1: approximately 866 linear feet Wetland B: approximately 0.08 acres Non-wetland waters 2: approximately 955 linear feet Wetland C: approximately 0.76 acres Note: Aquatic resources data obtained from PJD form submitted by Wescott Environmental Services, Inc. Potential Waters of the U.S. — Wetlands A and B Map created on 4/2/2019 by Wescott Environmental Services, Inc. .4 � -• - 4" • _ i ;- •! i - � 4 pp ft ' 'oa' lrOltellit"CrISft ce) � _ .e i T.; , • iv r r ^ t y��ii.. A,1' • - r i i�d '! -•�•` -'9' Li" Yam'. _ y' �c- Y•l/.' tilltie V , .7.•QV , 4.1...,..,.7 , , nil. ...„, • , - , 1 '. .it- ' -$.... -• 4/Fler*-&- w y .h ,.ll ! ^ +ts_. . 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'-_y j l . . ."S A. • 6 }I' ' 2J In•_ NHS>20 = non-hydric soil with a water table greater than 20 inches HS8 = hydric soil with a water table at 8 inches C18 = wetland C flag 18 marking boundary of wetland DP = data point location 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List Roy Cooper, Governor >II ■■■ ■■ w NC DEPARTMENT OF ■ ■ _. ■A NATURAL AND CULTURAL RESOURCES t ■it■ June 8, 2022 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: Refuge at Broad Creek Dear Kim Williams: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-18237 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerCc�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 1' 1 W JONES STREET. RALDGII. NC 27603 • 1651 MAIL SERVICE c:ENTER. f ALEIGH. NC 27699 OFC 919 707.91120 •FAX 9197079121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Refuge at Broad Creek June 8, 2022 NCNHDE-18237 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 rarriane Owner Owner Type Craven County Open Space Craven County Local Government NC Land and Water Fund Project NC DNCR, NC Land and Water Fund State 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 httos://ncnhde.natureserve.ora/helo. Data query generated on June 8, 2022; source: NCNHP, Ql, 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 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Refuge at Broad Creek June 8, 2022 NCNHDE-18237 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic Group i EO ID Scientific Name ommon Name Element Dragonfly or 38998 Damselfly Dragonfly or 33788 Damselfly Coryphaeschna ingens Regal Darner Triacanthagyna trifida Phantom Darner Accuracy Federal Observation Occurrence Status Date Rank 2004-Pre 2004-Pre H? H? 5-Very Low 5-Very Low State Global State Status Rank Rank i Significantly G5 S2? Rare Significantly G5 SH Rare Freshwater Fish24083 Aci penser brevirostrum Shortnose Sturgeon 1980-Pre H 5-Very Endangered Endangered G3 S1 Low Freshwater Fish38942 Acipenser oxyrinchus Atlantic Sturgeon oxyrinchus 2018-04-17 E 4-Low Endangered Endangered G3T3 S2 Mammal 5451 Trichechus manatus West Indian Manatee 1994-09-17 H? 5-Very Threatened Threatened G2G3 S1N Low Natural Community 28004 Coastal Plain Small Stream Swamp 2009-07-14 C 3-Medium G4? S4 Natural Community 28002 Dry-Mesic Oak --Hickory Forest (Coastal Plain Subtype) 2009-07-14 B 3-Medium G3G4 S3 Natural Community 28003 Mesic Mixed Hardwood --- Forest (Coastal Plain Subtype) 2009-07-14 B 3-Medium G3 S3 Natural Community 14820 Pond Pine Woodland --- 2016 (Typic Subtype) BC 2-High G3 S3 Natural Areas Documented Within a One -mile Radius of the Project Area Site NamemmillPIPepresentational Rating Duck Creek/Upper Broad Creek Natural Area R2 (Very High) Managed Areas Documented Within a One -mile Radius of the Project Area Manag7d Area Name Craven County Open Space Neuse River Game Land NC Land and Water Fund Conservation Agreement NC Land and Water Fund Project Owner Craven County NC Wildlife Resources Commission NC DNCR, NC Land and Water Fund NC DNCR, NC Land and Water Fund Collective Rating C2 (Very High) Owner Type Local Government State State State 1 Page 3 of 5 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name 1.11 Owner NC Land and Water Fund Project NC DNCR, NC Land and Water Fund State North Carolina Coastal Land Trust Easement North Carolina Coastal Land Trust Private Neuse River Game Land Dedicated Nature Preserve NC DNCR, Natural Heritage Program State Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.ora/help. Data query generated on June 8, 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 4 of 5 June 8, 2022 Managed Area (MAREA) ❑ NHP Natural Area (NHNA) ❑ Buffered Project Boundary ❑ Project Boundary NCNHDE-18237: Refuge at Broad Creek Sources. Esn. Airbus RS. USGS. NGA. NASA. CGIAR, N Robinson, NCEAS. NLS. ❑5, NMA. Geodatastyrelsen, RI1kswaterslaal GSA Gedand. FERIA, Inlermap and the GIS user community Sources. E tr, HERE, GarmIn. FAO. NOAA. USGS, ® OpenSlree1Map ocnlnbutms, and the GIS User Camrnumty 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. Location rile% Craven County, North Carolina 0 4/\/\:'\.1 zY 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 0 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site-specific and project-specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1 . Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened ‘0\464 Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Birds S\ NAME STATUS Eastern Black Rail Laterallusjamaicensis ssp. Threatened jamaicensis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/14477 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/776 Green Sea Turtle Chelonia mydas Threatened There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6199 Leatherback Sea Turtle Dermochelys coriacea Endangered4\1444 Wherever found There is final critical habitat for this species. The location \O of the critical habitat is not available. https://ecos.fws.gov/ecp/species/1493 \o" Insects NAME OS\ STATUS Monarch Butterfly ❑anaus plexippus Candidate Wherever found N❑ critical habitat has been designated for this species. https://ecos.fws.gov/e cp/species/9743 Flowering Plants NAME STATUS Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2747 Sensitive Joint-vetch Aeschynomene virginica Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/855 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 Act104 l and the Bald and Golden Eagle Protection Act2. ‘0 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. IS44,11.1° 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 I ections/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-sta nda rd- 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 (IF BREEDING SEASON 15\ INDICATED FOR\ BIRD ON YOUR LIST,THE BIRD MAY BREED IN YOUR PROJECT AREA SOMETIME WITHIN THE TIMEFRAME SPECIFIED, 4106.1 WHICH IS A VERY LIBERAL ESTIMATE OF THE DATES GO INSIDE WHICH THE BIRD BREEDS ACROSS ITS ENTIRE 01C2 RANGE. "BREEDS ELSEWHERE" INDICATES THAT THE BIRD DOES NOT lemilik°1( 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 Eastern Whip-poor-will Antrostomus vociferus Breeds May 1 to Aug 20 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug 20 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. King Rail Rallus elegans Breeds May 1 to Sep 5 This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/e cp/species/8936 cl\\*%\ 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 Protanotaria citrea i 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. Short-billed Dowitcher Limnodromus griseus Breeds elsewhere This is a Bird of Conservation Concern (BCC)throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Wood Thrush Hylocichla mustelina Breeds May 10 to Aug This is a Bird of Conservation Concern (BCC)throughout 31 its range in the continental USA and Alaska. Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area,view the Probability of Presence Summary.Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN).The AKN data is based on a growing collection of survey, 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 NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort(indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding(which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed.To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 0\0-- 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. 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.gov/service/coastal-barrier-resources-system-property-documentation Data exclusions CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour(depending on the location of the unit).The true seaward extent of the units is not shown in the CBRS data, therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact CBRA@fws.gov. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. oft /0 T'i THERE ARE NO REFUGE LANDS AT THIS LOCATIO. 0 440 ali\ Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. rift \ Ite...\ Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very large projects that intersect many wetland areas. Try again, or visit the NWI map to view wetlands at this location. Data limitations 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. eN.‘*'11/4" The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands.These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities(coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. 5.0 CREDIT ACCEPTANCE LETTER FROM BRICE CREEK MITIGATION BANK C1 Coggin 4 Asset Management,,, June 23, 2022 P.O. Box 476 Amory, MS 38821 662-825-0058 www.cogginassetmanagement.com Ms. Kim Williams Section Manager Davey Resource Group, Inc. 3805 Wrightsville Ave., Suite 15 Wilmington, NC 28403 Dear Ms. Williams: Per your email today, Quail Woods Village Ltd. is wishing to purchase approximately 1.0 non -riparian wetland credits from my client's (Weyerhaeuser NR) Brice Creek Mitigation Bank. The purchase price will be SIXTY-SEVEN THOUSAND FOUR HUNDRED AND FORTY-TWO DOLLARS ($67,442.00) per credit for a total purchase price of SIXTY-SEVEN THOUSAND FOUR HUNDRED AND FORTY-TWO DOLLARS ($67,442.00). You have requested that my client reserve these credits until January 30, 2023 until such time that you receive your permit from the U.S. Army Corps of Engineers. My client is willing to reserve the 1.0 credits without a cash deposit. After January 30, my client will consider the sale cancelled unless Quail Woods Village Ltd makes prior arranges for the extension of this reservation letter. If in agreement with the terms of this letter, please have Ms. Rose Anderson sign and send back to me at her earliest convenience. Thank you for your time, Daniel S. Coggin President Rose Anderson Date