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HomeMy WebLinkAbout20220994 Ver 1_ePCN Application_20220721Pre -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 * 20220994 Is a payment required for this project?* O No payment required O Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review Version#* What amout is owed?* 0 $240.00 O $570.00 Select Project Reviewer* Holley Snider:eads\hasnider la. Name of project: Supply Dollar General la. Who is the Primary Contact?* John Parker lb. Primary Contact Email:* lc. Primary Contact Phone:* john@rhetson.com (910)690-0155 Date Submitted 7/21/2022 Nearest Body of Water Shallote Creek Basin Lumber Water Classification C; Sw, HQW Site Coordinates Latitude: 33.929046 A. Processing Information Longitude: -78.322793 County (or Counties) where the project is located: Brunswick 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? E✓ Nationwide Permit (NWP) 0 Regional General Permit (RGP) 0 Standard (IP) lc. Has the NWP or GP number been verified by the Corps? 0Yes ®No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: EO 401 Water Quality Certification - Regular 0 Non-404 Jurisdictional General Permit O Individual 401 Water Quality Certification 39 - Commercial/Institutional 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: John Parker 2b. Deed book and page no.: 2c. Contact Person: John Parker 2d. Address Street Address 2075 Juniper Lake Road Address Line 2 City West End Postal / Zip Code 27376 2e. Telephone Number: (910)690-0155 2g. Email Address:* john@rhetson.com 4. Agent/Consultant (if applicable) 4a. Name: Jonathan Grubb 4b. Business Name: ECS Southeast LLP 4c. Address Street Address 6714 Netherlands Drive Address Line 2 City Wilmington Postal / Zip Code 28405 4d. Telephone Number: (919)414-0214 4f. Email Address:* Jgrubb@ecslimited.com C. Project Information and Prior Project History State / Province / Region North Carolina Country United States 2f. Fax Number: State / Province / Region North Carolina Country United States 4e. Fax Number: 1. Project Information lb. Subdivision name: (if appropriate) lc. Nearest municipality / town: Shallotte 2. Project Identification 2a. Property Identification Number: 2310002202 2b. Property size: 1.85 2c. Project Address Street Address Oxpen Road SW and Boones Neck Road SW Address Line 2 City State / Province / Region Shallote North Carolina Postal / Zip Code Country 28462 United States 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Shallote Creek 3b. Water Resources Classification of nearest receiving water: * C; Sw, HQW 3c. What river basin(s) is your project located in?* Lumber 3d. Please provide the 12-digit HUC in which the project is located. 030402080203 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 consists of forested land, scrub/shrub and herbaceous wetlands. Multiple single-family residences and several out -buildings are located along Boones Neck Road. There are also agricultural fields located along Oxpen Road. 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: 0.71 4g. List the total estimated linear feet of all existing streams on the property: 274 4h. Explain the purpose of the proposed project:* The purpose of the proposed project is to construct a Dollar General complimented by associated parking and access areas to service the local community. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed development will include a Dollar General and associated parking/access areas. Construction of two stormwater management ponds are planned in the southeastern and northwestern portions of the site. Based on preliminary information provided, maximum anticipated cut- and fill -depths may reach between five (5) and 20 feet. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures (BMP's) would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. 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 O Approved O Not Verified 0 Unknown O N/A Corps AID Number: SAW-2022-00055 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Jonathan Dale Grubb ECS Southeast LLP 0 Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR April 25, 2022 6. Future Project Plans 6a. Is this a phased project?* O 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? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): pO Wetlands Streams -tributaries 0 Open Waters =1 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* W1 Fill/Building Pad P Headwater Forest W1 Yes Corps 0.429 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Permanent Wetland Impact 0.429 2g. Total Wetland Impact 0.429 2i. Comments: 3. Stream Impacts 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 Parking Lot Permanent Culvert T1 Intermittent Both 2 Average (feet) 183 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 183 3i. Total stream and ditch impacts: 183 3j. Comments: CulverUPipe Impact E. Impact Justification and Mitigation 3i. Total temporary stream impacts: 0 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: This project will fulfill the additional grocery shopping needs of the local community. The proposed wetland impact is necessary to provide a building pad outside of any NCDOT road setbacks. Stream/wetland features bisect the property and crossing the stream/wetland features are the only way to stay out of NCDOT setbacks while still captilizing the road frontage at the intersection. The site has been designed in a way to avoid and minimize except as needed for the building pad and associated parking lot. A culvert will be placed in the stream to allow continuance of flow. No other impacts are proposed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: In previous site plans (attached), the wetland areas to the north east were being impacted to a greater extent. Changes in site design resulted in the north eastern portion of the wetland to have less impact, leaving impacts to only the western -central wetland area where fill is proposed to be placed in addition to a culvert for the ditch. The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment translocation offsite and control erosion during construction activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? O Yes O No F. Stormwater Management and Diffuse Flow Plan (required by DWR) CJ 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? O Yes If no, explain why: Not a buffered basin. O No 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * OYes 0No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? 0 Yes ® No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? O Yes O No 0 N/A - project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* • Stormwater Management Plan Antidegradation Calculations 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?* Yes • No 3b. If you answered "no," provide a short narrative description. 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. Wastewater treated at a treatment plant operated by the City of Shalotte 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 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? • Yes No • No Unknown 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC and NC NHP. Conclusions attached. 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 Essential Fish Habitat 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?* State Historic Preservation Website. Concurrence attached. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* O Yes O No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center Mapping and development plans 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 dreg and drop files here to attach document 1 PCN_FillableForm_v1_DRAFT_20220510_Protected-merged-compressed (1).pdf 4.03MB File must be PDF or KMZ Comments Signature L 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: Jonathan Dale Grubb Signature Date 7/21/2022 NORTH CAROLINA Environmental Quality Water Resources Office Use Only Corps Action ID no. SAW-2022-00055 Date received: [Click to enter.] DWR project no. 'lick enter.1 Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 33.929046 Longitude (DD.DDDDDD): -78.322793 Form Version 4.2, January 31, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https://edocs.deq.nc.gov/WaterResources/0/edoc/624704/PCN%20Help%20File%202018-1-30.pdf The help document may be found at this link: http://www.saw.usace.army.mil/M issions/Requlatory-Permit-Program/Permits/2017-Nationwide- Permits/Pre-construction-Notification/ A. Processing Information County (counties) where project is located: Brunswick Additional (if needed). Is this a NCDMS project? (Click yes only if NCDMS is the applicant or co- applicant) ❑ Yes ❑x No Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes ❑x No Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. Page 1 of 20 PCN Form - Version 4.2, January31, 2022 la. Type(s) of approval sought from the Corps: * ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes ❑x No Please provide the date of the previous submission. * Click to enter a date. lb. What type(s) of permit(s) do you wish to seek authorization? * ❑x Nationwide Permit (NWP) El Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. lc. Has the NWP or GP number been verified by the Corps? * ❑ Yes ❑x No NWP number(s) (list all numbers ): 39 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act * Click to enter text. ld. Type(s) of approval sought from DWR (check all that apply): * ❑x 401 Water Quality Certification - Regular ❑ 401 Water Quality Certification- Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification • Yes ❑x No le. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * • Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No lf. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ,-: Yes ❑ No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ►': Yes ❑ No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? * El Yes ❑x No El Unknown 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 20 PCN Form - Version 4.2, January31, 2022 B. Applicant Information la. Who is the primary contact? * John Parker 1b. Primary Contact Email: * John@rhetson.com lc. Primary Contact Phone: * (###)###-#### (910)690-0155 1d. Who is applying for the permit/certification? * (check all that apply) 0 Owner El Applicant (other than owner) le. Is there an agent/consultant for this project?* 0 Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * John Parker 2b. Deed Book and Page No.: Click to enter. 2c. Contact Person (for corporations): Click to enter. 2d. Address * Street Address: 2075 Juniper Lake Road Address line 2: Click to enter. City: West End State/ Province/ Region: North Carolina Postal/ Zip Code: 27376 Country: United States 2e. Telephone Number: * (###)###-#### (910)690-0155 2f. Fax Number: #### Click to enter. (###)### 2g. Email Address: * John@rhetson.com 3. Applicant Information (if different from owner) 3a. Name: * John Parker 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: 2075 Juniper Lake Road Address line 2: Click to enter. City: West End State/ Province/ Region: North Carolina Postal/ Zip Code: 27376 Country United States 3d. Telephone Number: * (###)###-#### (910)690-0155 3e Fax Number: (###)### #### Click to enter. 3f. Email Address: * John@rhetson.com Page 3 of 20 PCN Form - Version 4.2, January31, 2022 4. Agent/ Consultant (if applicable) 4a. Name: * Jonathan Grubb 4b. Business Name: ECS Southeast LLP 4c. Address: * Street Address: 6714 Netherlands Drive Address line 2: Click to enter. City: Wilmingtion State/ Province/ Region: North Carolina Postal/ Zip Code: 28405 Country: United States 4d. Telephone Number: * (###)###-#### (919)861-9859 Click to enter. 4e Fax Number: (###)### #### 4f. Email Address: * jgrubb©ecslimited.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 20 PCN Form - Version 4.2, January31, 2022 C. Project Information and Prior Project History 1. Project Information la. Name of project: * Supply Dollar General lb. Subdivision name (if appropriate): Click to enter. lc. Nearest municipality/town: * Shallote, North Carolina 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 2310002202 2b. Property size (in acres): 1.85 2c. Project Address: Street Address: Oxpen Road SW and Boones Neck Road SW Address line 2: Click to enter. City: Shallote State/ Province/ Region: North Carolina Postal/ Zip Code: 28462 Country: United States 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 33.929046 Longitude (-DD.DDDDDD): *--78.322793 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Shallote Creek 3b. Water Resources Classification of nearest receiving water: * C; Sw, HOW The Surface Water Classification map may be found at this link: https://ncdenr. maps.arcgis.com/apes/webappviewer/index. html?id=6e125ad7628f494694e259c80dd64265 3c. In what river basin(s) is your project located? * Lumber Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is located: * 030402080203 The Find Your HUC map may be found at this link: https://ncdenr. maps.arcgis.com/apes/Publiclnformation/index.html?appid=ad3a85a0c6d644a0b97cd069db238ac3 Page 5 of 20 PCN Form - Version 4.2, January31, 2022 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 consists of forested land, scrub/shrub and herbaceous wetlands. Multiple single-family residences and several out -buildings are located along Boones Neck Road. There are also agricultural fields located along Oxpen Road. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * • Yes ❑x No El Unknown If yes, please give the DWR Certification number and/or Corps Action ID (ex. SAW-0000-00000): SAW-2022-00055 jClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes ❑x No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. Attach an 8% x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8% x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the property: 0.71 acres 4g. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 274 linear feet 4g1. List the total estimated acreage of all existing open waters on the property: 0 acres 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a Dollar General complimented by associated parking and access areas to service the local community. 4i. Describe the overall project in detail, including the type of equipment to be used: * The proposed development will include a Dollar General and associated parking/access areas. Construction of two stormwater management ponds are planned in the southeastern and northwestern portions of the site. Based on preliminary information provided, maximum anticipated cut- and fill - depths may reach between five (5) and 20 feet. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures (BMP's) would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * • Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 6 of 20 PCN Form - Version 4.2, January31, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in proposed impact areas? * ►_ Yes ❑ No El Unknown Comments: Anticipated wetland impact offset is a 2:1 ratio. 5b. If the Corps made a jurisdictional determination, what type of determination was made? * ❑x Preliminary ❑ Approved ❑ Emailed concurrence ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2022-00055 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Jonathan Grubb Agency/Consultant Company: ECS Southeast LLP Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. April 25, 2022 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Click to enter. 8. Scheduling of activity: Click to enter. Page 8 of 20 PCN Form - Version 4.2, January31, 2022 D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project (check all that apply): ❑x Wetlands ❑ Buffers ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Fill (Incl. Riprap) Permanent Headwater Forest W1 Yes Corps 0.4299 W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.4299 ac 2g3. Total wetland impacts 0.4299 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Clean material; approximately 2,465 cy 2i. Comments: Click to enter text. Page 9 of 20 PCN Form - Version 4.2, January31, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) * Si Culvert Permanent Fill (Incl. Riprap) Ti Perennial Both 2 183 S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S1 1 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 183 linear ft 3i2. Total permanent stream impacts: Click to enter. linear ft 3i3. Total temporary stream impacts: Click to enter. linear ft 3i4. Total stream and ditch impacts: 183 linear ft 3j. Comments: Click to enter. Page 10 of 20 PCN Form - Version 4.2, January31, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. Pond ID # 5b. Proposed use or purpose of pond 5c. Wetland Impacts (ac) 5d. Stream Impacts (ft) 5e. Upland Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P2 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. P3 Choose one Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5f. Total Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. Click to enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ❑x No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form - Version 4.2, January31, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form - Version 4.2, January31, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: * This project will fulfill the additional grocery shopping needs of the local community. The proposed wetland impact is necessary to provide a building pad outside of any NCDOT road setbacks. Stream/wetland features bisect the property and crossing the stream/wetland features are the only way to stay out of NCDOT setbacks while still captilizing the road frontage at the intersection. The site has been designed in a way to avoid and minimize except as needed for the building pad and associated parking lot. A culvert will be placed in the stream to allow continuance of flow. No other impacts are proposed. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: * In previous site plans (attached), the wetland areas to the north east were being impacted to a greater extent. Changes in site design resulted in the north eastern portion of the wetland to have less impact, leaving impacts to only the western -central wetland area where fill is proposed to be placed in addition to a culvert for the ditch. The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment translocation offsite and control erosion during construction activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration and until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * (check all that apply) ❑ DWR ❑x Corps 2b. If yes, which mitigation option(s) will be used for this project? * (check all that apply) Mitigation Bank ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Non -riparian Wetland Quantity 0.4299 Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. Page 13 of 20 PCN Form - Version 4.2, January31, 2022 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑Yes ❑ No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ❑ No ►: Yes 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form - Version 4.2, January31, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 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 ❑x No 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual(https://deq.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- quidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. What Type of SCM are you providing? (Check all that apply) ❑ Level Spreader ElW Vegetated Conveyance (lower seasonal high water table- SHT) ❑ Wetland Swale (higher SHWT) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? El Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? El Yes ❑x No To look up low density requirements, click here: http://reports.oah.state. nc. us/ncac/title%2015a%20-%20environmental%20quality/chapter%2002%20- %20environ mental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 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 ❑x No ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? (Check all that apply.)* ❑ Local Government ❑x State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * ❑x Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 15 of 20 PCN Form - Version 4.2, January31, 2022 Please identify which local government stormwater program you are using. * Click to enter. State Stormwater Programs * ❑ Phase II ❑ HOW or ORW ❑x Coastal Counties ❑ Other Comments: Click to enter. Page 16 of 20 PCN Form - Version 4.2, January31, 2022 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 ❑x No lb. 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 El No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) * ❑ Yes ❑ No Comments: Click to enter. 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? * ❑ Yes ❑x No 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? * ❑ Yes ❑x No 3b. If you answered "no", provide a short narrative description: The proposed development will be confined to the existing property boundary and no plans of expansion or related commercial development are anticipated. Future development of surrounding/local properties is unknown at this time. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * ®Yes El No El N/A Page 17 of 20 PCN Form - Version 4.2, January31, 2022 4b. If yes, 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. Wastewater treated at a treatment plant operated by the City of Shalotte 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? (IPAC weblink: https://www.fws.ciov/ipac/ [fws.govl) * o Yes ❑ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? * o Yes ❑ No 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another federal agency involved? * ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * 0 Yes ❑ No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? _, Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. ❑ Yes ❑ No Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-req.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * El Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? * ❑ Yes ❑x No If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * USFWS IPaC and NC NHP. Conclusions attached. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) Page 18 of 20 PCN Form - Version 4.2, January31, 2022 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? El Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? * NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.ncdcr.gov/hroweb/ 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? * ❑Yes ❑x No 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * Concurrance attached. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑x No • Yes 8b. If yes, explain how the project meets FEMA requirements. All project disturbance is outside the mapped flood hazard area. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center Mapping and development plans H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 19 of 20 PCN Form - Version 4.2, January31, 2022 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Jonathan Grubb Signature: * Jonathan Grubb Date: * 6/28/2022 Page 20 of 20 PCN Form - Version 4.2, January31, 2022 25F STEETSIDE ETBACK �GP5 28.950 ISTING LINE TO REMAIN 25FT FRONT SETBACK BOONES NECK ROAD R/W)SW - SR 1137 (6' PUBLIC 12" RCP STREAM "SA" 274—LF (0.0444—ACRES) • EXISTING TREELINE TO REMAIN O 2022 Microsoft Corporation O 2022 Maxar OCNES (2022) Distribution Airbus DS • Aar SO r. • 30 GRAPHIC SCALE 0 15 30 60 120 ( IN FEET ) 1 inch = 30 ft. fa Bowman North Carolina Ltd. 4006 BARRETT DR 0 0) RALEIGH, NC 27609 Phone: (919)553-6570 bowman.com LL SUPPLY, NORTH CAROLINA PRELIMINARY DO NOT USE FOR CONSTRUCTION PLAN STATUS 02/2022 1ST SUBMISSION 4/1 /22 EROSION & SCM 4/14/22 BRUNSWICK COUNTY DATE DESCRIPTION RG RG XXX DESIGN DRAWN CHKD SCALE H. 1 " = 30' V: N/A JOB No. TSD-058-014 DATE FEBRUARY 4, 2022 FILE No. SHEET Cad file name: P:\058—Rhetson Companies \014—DG—Supply\Engineering\Engineering Plans\Construction Documents\058-014—EXH—WETLAND—EXIST.dwg PROPI.ED BMP STORMWATE WETLAND (DIRECT DIS' HARGE TO WET AND "WA") -GP5 28.950 ISTING LINE TO REMAIN 18" CMP • -4-- WETLAND IMPACT #1 c?' WETLAND "WA" 18,727-SF 0.4299-ACRES) OF IMPACT BOONES NECK ROAD SW - SR 1137 (60' PUBLIC R/W) 12" RCP • • 1 STREAM IMPACT #1 STREAM "SA" 265.8-LF (1,515-SF / 0.0348-ACRES) OF IMPACT CULVERT 183.4-LF PROPOSED BMP STORMWATER WETLAND (INDIRECT DISCHARGE TO WETLAND "WA") EXISTING TREELINE TO REMAIN O 2022 Microsoft Corporation O 2022 Maxar OCNES (2022) Distribution Airbus DS ■ • 30 0 15 GRAPHIC SCALE 30 60 ( IN FEET ) 1 inch = 30 ft. 120 fa . .:Y_1:1:1�u■:]:3 •71- 0 0) one: • • 553-657I .1. r!.g1IY1•Iy11 LL IY1411:10111 IMPA T PRSIZi1ED ONDITIONEION RADE1YI ; PRELIMINARY DO NOT USE FOR CONSTRUCTION LAN STATUS 02/2022 1ST SUBMISSION 4/1 /22 EROSION & SCM 4/14/22 BRUNSWICK COUNTY DATE DESCRIPTION RG RG XXX DESIGN DRAWN CHKD SCALE H. 1 " = 30' V: N/A JOB No. TSD-058-014 DATE FEBRUARY 4, 2022 FILE No. SHEET Cad file name: P:\058—Rhetson Companies\014—DG—Supply\Engineering\Engineering Plans\Construction Documents\058-014—EXH—WETLAND—PROP GRADES.dwg ISTING LINE TO REMAIN 18" CMP PROPI.ED BMP STORMWATE WETLAND (DIRECT DIS' HARGE TO WET AND "WA") • PROPOSED BUILDING WETLAND IMPACIIIIr WETLAND "WA" 18,727—SF (0.4299—ACRES) OF IMPAW BOONES NECK ROAD SW — SR 1137 (60' PUBLIC R/W) • • 12" RCP • 1 STREAM IMPACT #1 STREAM "SA" 265.8—LF (1,515—SF / 0.0348—ACRES) OF IMPACT CULVERT 183.4—LF PROPOSED BMP STORMWATER WETLAND (INDIRECT DISCHARGE TO WETLAND "WA") EXISTING TREELINE TO REMAIN O 2022 Microsoft Corporation O 2022 Maxar OCNES (2022) Distribution Airbus DS ■ • 30 0 15 GRAPHIC SCALE 30 60 ( IN FEET ) 1 inch = 30 ft. 120 fa . .:Y_1:1:1�u■:]:3 •71- 0 0) one: • • 553-657I .1. r!.g1IY1•Iy11 LL 0 z O z U 0 uJ O 0_ 0 CC 0_ U 0_ 0 J W Z a rW U .rz,4 25 PRELIMINARY DO NOT USE FOR CONSTRUCTION LAN STATUS 02/2022 1ST SUBMISSION 4/1 /22 EROSION & SCM 4/14/22 BRUNSWICK COUNTY DATE DESCRIPTION RG RG XXX DESIGN DRAWN CHKD SCALE H:• 1 " = 30' V: N/A JOB No. TSD-058-014 DATE FEBRUARY 4, 2022 FILE No. SHEET Cad file name: P:\058—Rhetson Companies\014—DG—Supply\Engineering\Engineering Plans\Construction Documents\D58-014—EXH—WETLAND—PROP.dwg U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00055 County: Brunswick County NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Rhetson Companies Inc John Parker Address: 2075 Juniper Lake Road West End, NC, 27376 Telephone Number: (919) 414-0214 E-mail Address: .john(a),rhetson.com Size (acres) 1.85 Nearest Town Shallotte, NC Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.928417; Longitude: -78.323472 Location description: This project is located on Oxpen Road SW and Boones Neck Road SW in Shallotte, Brunswick County, NC (Parcel ID: 2310002202). Indicate Which of the Following Apply: A. Preliminary Determination X There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory miti2ation. For purposes of computation of impacts, compensatory miti2ation 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, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since thewaters, 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 of the U.S., including wetlands, on your property delineated. As the Corps may not be able to Page 1 of 2 SAW-2022-00055 accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of 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. _ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed five years from the date of this notification. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in 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 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 law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a 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 Gary Beecher at (910) 251-4694 or Gary.H.Beecher(ausace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: A desk top review was conducted on this application using information obtained from the consultant (ECS) and from Corps generated QL2 Lidar Maps. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. SAW-2022-00055 F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A.SHANNIN@USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. 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: April 25, 2022 Expiration Date: PJD Does not expire The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.mil/customer-service-survey/_ Copy Fumished via e-mail to: Consultant: Jonathan Grubb ECS 7614 Netherlands Drive Wilmington, NC 28405 (919) 414-0214 i g ru b b (a, e c s lim it ed. co m PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION 12/16/21 A. REPORT COMPLETION DATE FOR PJD: April 25, 2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: ECS, Jonathan Grubb, 7614 Netherlands Drive, Wilmington, NC 28405 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Dollar General Supply Site, ECS: 49:15282 SAW-2022-00055 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION Oxpen Road SW and Boones Neck Road SW, Brunswick County, North Carolina (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County: Brunswick City: Shallotte Center coordinates of site (lat/long in degree decimal format): Latitude: 33.928417 Longitude: -78.323472 Universal Transverse Mercator: 17 Name of nearest waterbody: Shallotte Creek REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): October 17, 2021 TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non - wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) W1 33.928996 -78.322714 0.71 ac Wetland 404 W2 33.929070 -78.322661 274 If Non -Wetland 404 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 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: ECS Figures 1-6 Z Data sheets prepared/submitted by or on behalf of the PJD requestor. Z 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: Figure 2 ® Natural Resources Conservation Service Soil Survey. Citation: Figure 3 ® National wetlands inventory map(s). Cite name: Figure 4 ❑ State/local wetland inventory map(s): FEMA/FIRM maps: Figure FM123456789 ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) Z Photographs: ®Aerial (Name & Date): Figure 6 or ®Other (Name & Date): ECS Photolog ❑ Previous determination(s). File no. and date of response letter: x❑ Other information (please specify): USACE QL2 Lidar Maps 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 Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is DATE impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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. Legend Supply Project Study Area 4 �Q 1" fli �h �.� Y 5W ' eadows ❑r SW o` ayap a _wwr 4 �DQd1�`aSn P� s`ti 1 -d E 4ctst etve‘l ��s� wy 9 0 IT ens ¢b ti CC o _S W e Q a a a. 6 0 r ft rR n 4 t e Q ti s Shallops Creek 44 r 5 ti tiq�- 2 ¢a 5 G ey5rof A a a �y S 0 ► x s. Y 's 1 kir r 'p Wntf�d5WIP 0ccan 131vdw Jolly Roue Ocean Blvd1N Yurkey Trap Rd Sw fkr oA n Stanbio ry 4,7 s Sykes Si Oceai, Client: Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: SITE LOCATION MAP 1 in = 1 mile BRUSWICK COUNTY oetille AL SAW drill Wiry* ikaVZORIVAAVAik ardreLit Drawn By: JDM Checked By: JDG Approved By: WBF Date: 10/ 11 /2021 ECS Pro'ect No. 49:15282-A FIGURE 1 Legend Supply_Site_PSA_Brunswick Potential Tributary potential wetland Potential wetland 1 Approx. 0.71 Acre Potential Tributaruy 1 Approx. 274 linear feet 0 50 100 200 Feet Eji Client: Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: POTENTIAL WATERS OF THE U.S NOTES: 1. JURISDICTIONAL WATERS OF THE US WERE DELINEATED BY ECS ON OCTOBER 17, 2021. 2. FEATURES DEPICTED ON THIS MAP HAVE NOT BEEN VERIFIED BY THE USACE AND NCDWR AND ARE SUBJECT TO CHANGE. 3. THIS MAP SHOULD BE USED FOR PRELIMINARY PLANNING PURPOSES. Drawn By: JDG Approved By: WBF Checked By: JDG Date: 10/21/2021 ECS Project No. 49:15282-A FIGURE 6 Legend Supply Project Study Area s44 ED 44s ' eadows ❑r SW o` ayap a re _wwr 4 °Qdt�'`aSn P� s`ti 1 ,a E 4ctst Sr. 14 s ¢en b ti cr o _SW Q a a a. 6 0 r re - in n o t e Q ti s Shallops Creek 44 r 5 ti tiq�- 2 V G ey5rof xi P a a �y S kr s. Y 's 1 kir r 'p SSW nd5W 011. ocean 131vdw Jolly Roue Ocean Blvd1N Yurkey Trap Rd Sw Stanbio ry 4,7 s Sykes Si ceai lient: Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: SITE LOCATION MAP 1 in = 1 mile BRUSWICK COUNTY oetille AL SAW drill Wiry* ikaVZORIVAAVAik ariteLit Drawn By: JDM Checked By: JDG Approved By: WBF Date: 10/ 11 /2021 ECS Pro ect No. 49:15282-A FIGURE 1 Legend Supply Project Study Area ' • • • 0 500 1,000 2,000 • Feet lient: Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: USGS TOGORAPHIC MAP DATED:1994 SUPPLY, NC PROJECT STUDY AR A e Drawn By: JDM Approved By: WBF Checked By: JDG Date: 10/ 11 /2021 ECS Pro ect No. 49:15282-A FIGURE 2 Legend Supply Project Study Area Soil Map SOIL MAP UNIT Mu: Murville Murky Fine Sand Ma: Mandarin Fine Sand Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: USDA-NRCS SOIL SURVEY MAP DATED:10/12/2020 BRUNSWICK COUNTY Drawn By: JDM Approved By: WBF Checked By: JDG Date: 10/11/2021 ECS Pro ect No. 49:15282-A 0 500 1,000 2,000 Feet FIGURE 3 Legend Supply Project Study Area Flood Hazards FLD_ZONE A AE VE 7 /4 4110L /47 Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: FEMA- NFHL FLOOD ZONES MAP DATED: 08/28/2018 3720218900K BRUNSWICK COUNTY Approved By: WBF Date: 10/11/2021 ECS Pro ect No. 49:15282-A 0 500 1,000 2,000 Feet FIGURE 4 Legend Supply Project Study Area Wetlands Map Freshwater Emergent Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Lake Riverine Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWCK COUNTY NORTH CAROLINA Title: USFWS NATIONAL WETLANDS INVENTORY MAP Project Study Area Drawn By: JDM Approved By: WBF Checked By: JDG Date: 10/11/2021 ECS Pro ect No. 49:15282-A HUC 03040208 0 500 1,000 2,000 Feet FIGURE 5 Legend Supply_Site_PSA_Brunswick Potential Tributary potential wetland Potential wetland 1 Approx. 0.71 Acre Potential Tributaruy 1 Approx. 274 linear feet 0 50 100 200 Feet Eji Client: Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: POTENTIAL WATERS OF THE U.S NOTES: 1. JURISDICTIONAL WATERS OF THE US WERE DELINEATED BY ECS ON OCTOBER 17, 2021. 2. FEATURES DEPICTED ON THIS MAP HAVE NOT BEEN VERIFIED BY THE USACE AND NCDWR AND ARE SUBJECT TO CHANGE. 3. THIS MAP SHOULD BE USED FOR PRELIMINARY PLANNING PURPOSES. Drawn By: JDG Approved By: WBF Checked By: JDG Date: 10/21/2021 ECS Project No. 49:15282-A FIGURE 6 ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities June 3, 2022 U.S. Fish and Wildlife Service Raleigh Ecological Services Field Office 551 Pylon Drive Suite F Raleigh, North Carolina 27636-3726 Reference: Request for Concurrence Threatened and Endangered Species/Critical Habitat Proposed Dollar General Oxpen Road SW and Boones Neck Road SW Supply, Brunswick County, North Carolina ECS Project No. 49:15828-C To Whom It May Concern: NC Registered Engineering Firm F-19/8 NC Registered Geologists Firm C-553 SC Registered Engineering Finn 3239 ECS Southeast, LLP (ECS), on behalf of our client, Rhetson Companies Inc, is requesting concurrence concerning the possible presence of threatened and endangered species and their habitats. BACKGROUND The Project Study Area (PSA) is located at Oxpen Road SW and Boones Neck Road SW in Bolivia, Brunswick County, North Carolina (Figure 1). According to Brunswick County Online GIS the site is identified by Parcel Identification Number (PIN) 2310002202. Based on a brief desktop review, the site is currently wooded land. The US Geological Survey (USGS) topographic map for the site depicts no streams on site (Figure 2). ECS understands the proposed project to be commercial development. SITE RECONNAISSANCE ECS personnel conducted a site reconnaissance on October 17, 2021. The site consisted of moderately wooded land. The surrounding properties consist of commercial properties, single- family residence, wooded land, and agricultural fields. DATABASE REVIEW ECS utilized the USFWS Information for Planning and Consultation (IPaC) project planning tool to identify federally protected threatened and endangered species in Brunswick County, North Carolina. The following federally protected threatened and/or endangered species were identified in the resulting IPaC resource list (see attached) for Brunswick County, North Carolina: ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" f Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-19/8 NC Registered Geologists Firm C-553 SC Registered Engineering Finn 3239 Common Name Scientific name Federal Status Birds Bald Eagle Haliaeetus leucocephalus BGPA Wood Stork Mycteria americana T Piping Plover Charadrius melodus T Red Knot Calidris canutus rufa T Red -cockaded Woodpecker Picoides borealis E Mammals West Indian Manatee Trichechus manatus T Northern Long -Eared Bat Myotis septentrionalis T Reptiles American Alligator Alligator mississippiensis T Green Sea Turtle Chelonia mydas T Leatherback Sea Turtle Dermochelys coriacea E Kemp's Ridley Sea Turtle Lepidochelys kempii E Loggerhead Sea Turtle Caretta caretta T Flowering Plants Cooley's Meadowrue Thalictrum cooleyi E Rough -leaved Loosestrife Lysinachia asperulaefolia E Seabeach Amaranth Amaranthus pumilus T BGPA = Bald and Golden Eagle Protection Act Endangered T = Threatened CH = Critical Habitat SPECIES/HABITAT DESCRIPTION E P = Proposed Bald Eagle Description: Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet. Bald eagles are mostly dark brown until they are four to five years old and acquire their characteristic coloring. Habitat: Bald eagles live near rivers, lakes, and marshes where they can find fish, their staple food. bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and carrion. Bald eagles require a good food base, perching areas, and nesting sites. Their habitat ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-19/8 NC Registered Geologists Firm C-553 SC Reo,sterea Engineering Fran 3239 includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the birds congregate near open water in tall trees for spotting prey and night roosts for sheltering. Conclusions: The site consists of moderately wooded land. Large bodies of water and a steady food support base are not present on the site. Additionally, bald eagles, eagles, or eagle nests were not observed during the site reconnaissance. Based on our knowledge and site observations, suitable habitat for the bald eagle is not located on site. ECS has concluded that the developments will have no effect on the species. Wood Stork Description: A large, tall bird with long, broad wings; black flight feathers and tail contrast with white body; adult has bare, dark -gray head (feathered and grayish brown in immature); bill is long, thick, and downcurved. Habitat: Chiefly freshwater situations: marshes, swamps, lagoons, ponds, flooded fields; depressions in marshes are important during drought; also occurs in brackish wetlands. Nests mostly in upper parts of cypress trees, mangroves, or dead hardwoods over water or on islands along streams or adjacent to shallow lakes. Feeds in freshwater marshes, swamps, lagoons, ponds, flooded pastures and flooded ditches, depressions in marshes (especially during drought). Conclusion: The PSA consists of consists of moderately wooded land. Surface waters and cypress trees, mangroves, and large dead hardwoods are not located on the PSA. Based on the site reconnaissance and observations, and lack of water environments, suitable habitat for the Wood Stork is not present within the PSA. ECS has concluded that the developments will have no effect on the species. Piping Plover Description: The piping plover is a small, stocky shorebird that resembles a sandpiper. They are approximately seven inches in length with a wingspan of approximately 15 inches. Piping plovers are a pale brownish color with a white underside and are distinguished by a black band across their forehead over their eyes and a black ring around the base of their necks. Habitat: The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species' range, being the only State where the piping plover's breeding and wintering ranges overall and the birds are present year-round. They nest most commonly where there is little or no vegetation, but some may nest in stands of beach grass. The nest is a shallow depression in the sand that is usually lined with shell fragments and light- colored pebbles. Conclusion: Open beaches and associated dune areas were not observed at the site. The site consists of moderately wooded land. Based on our site observations, suitable habitat for the piping plover was not observed on the site. ECS has concluded that the developments will have no effect on the species. ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" f Geotechnical • Construction Materials • Environmental • Facilities Red Knot NC Registered Engineering Firm F-19/8 NC Registered Geologists Firm C-553 SC Registered Engineering Finn 3239 Description: Red knots are highly migratory birds that have been known to migrate distances of 9,000 miles. They have a wingspan of approximately 20 inches in length. Red knot's coloration will vary depending on the season. In the spring, adults are finely mottled with grays, black and light ochre, running into stripes on the crown and their throats, breast, and sides are a cinnamon - brown color. Adults in the winter lose their reddish brown coloration on their throats, breasts, and sides. Habitat: The red knot is one of the six recognized subspecies of red knots, and is the only subspecies that routinely travels along the Atlantic coast of the United States during the spring and fall migrations. It is known to winter in North Carolina and to stop over during migration. Habitats used by red knots in migration and wintering areas are similar in character: coastal marine and estuarine habitats with large areas of exposed intertidal sediments. In North America, red knots are commonly found along sandy, gravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Ephemeral features such as sand spits, islets, shoals, and sandbars, often associated with inlets can be important habitat for roosting. Conclusion: The site consists way of undeveloped, wooded. Based on our site observations, suitable habitat for the red knot was not observed on the site. ECS has concluded that the developments will have no effect on the species. Red- cockaded Woodpecker Description: The red -cockaded woodpecker (RCW) is a small bird measuring about 7 inches in length. Identifiable by its white cheek patch and black and white barred back, the males have a few red feathers, or "cockade". These red feathers usually remain hidden underneath black feathers between the black crown and white cheek patch unless the male is disturbed or excited. Female RCWs lack the red cockade. Juvenile males have a red 'patch' in the center of their black crown. This patch disappears during the fall of their first year at which time their 'red -cockades' appear. Habitat: Red -cockaded woodpecker habitat includes forests with trees old enough for roosting, generally at least 60-120 years old, depending on species of pine. The most prominent adaptation of RCWs is their use of living pines for cavity excavation. For nesting and roosting habitat, red -cockaded woodpeckers need open stands of pine containing trees 60 years old and older. RCWs need live, large older pines in which to excavate their cavities. Longleaf pines (Pinus palustris) are preferred, but other species of southern pine are also acceptable. Dense stands (stands that are primarily hardwoods, or that have a dense hardwood understory) are avoided. Foraging habitat is provided in pine and pine hardwood stands 30 years old or older with foraging preference for pine trees 10 inches or larger in diameter. In good, moderately -stocked, pine habitat, sufficient foraging substrate can be provided on 80 to 125 acres. ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-19/8 NC Registered Geologists Firm C-553 SC Remsterec Erninearing Firm 3239 Roosting cavities are excavated in living pines, and usually in those which are infected with a fungus known as red -heart disease. The aggregate of cavity trees is called a cluster and may include 1 to 20 or more cavity trees on 3 to 60 acres. The average cluster is about 10 acres. Completed cavities that are being actively used have numerous, small resin wells which exude sap. The birds keep the sap flowing as a cavity defense mechanism against rat snakes and other tree climbing predators. Conclusion: The PSA consists primarily of a moderately dense wooded land. Forested areas located in the northern portions of the site were observed to have a dense canopy and moderately dense understory of the canopy species. Based on the habitat within the PSA, it was concluded that habitat for the red- cockaded woodpecker was not present within the site. ECS has concluded that the developments will have no effect on the species. West Indian Manatee Description: The West Indian manatee is a large, aquatic mammal. There are two subspecies of West Indian manatees: the Antillean manatee, and the Florida manatee. Due to their eating habits, manatees are nicknamed "sea cows" because they eat sea grasses and other aquatic plants. Habitat: The West Indian Manatee prefers slow moving rivers, estuaries, saltwater bays, canals, and other coastal areas. Conclusion: The PSA consists of moderately dense wooded land. Based on the habitat within the PSA, it has been concluded that suitable habitat for the West Indian Manatee does not exists within the PSA. No individuals were observed during the site reconnaissance. ECS has concluded that the developments will have no effect on the species. Northern Long-eared Bat Description: The Northern long-eared bat is a medium sized bat approximately three to 3.7 inches in length with a wingspan of nine to ten inches in length. The name comes from the characteristic long ears that distinguish this bat species from other species of bats. Habitat: In North Carolina, the Northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern North Carolina. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >_3 inches dbh). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Et>gmeering Firm F-11978 NC Registered Geologists Firm C-553 SC RemstereC Eromeerng Firm 3239 Conclusions: The site consists way of undeveloped, wooded. The species is not known for long- distance migrations and caves and subterranean mines are rare in eastern North Carolina. Suitable habitat, including mines, trees with loose bark, for the NLEB are not present on the site. ECS has concluded that the developments will have no effect on the species. American Alligator Description: The alligator can be distinguished from the crocodile by its head shape and color. The crocodile has a narrower snout, and unlike the alligator, has lower jaw teeth that are visible even when its mouth is shut. In addition, adult alligators are black, while crocodiles are brownish in color. The alligator has a large, slightly rounded body, with thick limbs, a broad head, and a very powerful tail that it uses to propel itself through water. The tail accounts for half the alligator's length. While alligators move very quickly in water, they are generally slow -moving on land, although they can be quick for short distances. Habitat: Alligators are usually found in freshwater, slow -moving rivers. They also live in swamps, marshes and lakes. Conclusion: The PSA consists of moderately dense wooded land. ECS concluded that suitable habitat is not present on site. Additionally, no individuals were observed within the PSA. ECS has concluded that the developments will have no effect on the species. Green Sea Turtle Description: Green sea turtles are approximately four feet in length and can weigh up to approximately 440 pounds. They have heart -shaped shells with a small head and flippers with a single claw. The adult carapace is smooth and keelless and can be light to dark brown in color. Habitat: The green sea turtle is found in temperate and tropical oceans and seas. Nesting in North America is limited to small communities on east coast of Florida requiring beaches with minimal disturbances and a sloping platform for nesting (they do not nest in NC). The green sea turtle can be found in shallow waters. They are attracted to lagoons, reefs, bays, mangrove swamps, and inlets where an abundance of marine grasses can be found, as this is the principle food source for the green turtle. Conclusion: The site consists way of undeveloped, wooded land in a predominately urbanized, commercial area. Open beaches were not observed in the vicinity of the site. Based on our site observations, suitable habitat for the green sea turtle was not observed on the site. ECS has concluded that the developments will have no effect on the species. Leatherback Sea Turtle Description: Leatherback Sea turtles are approximately four to eight feet in length and can weigh up to approximately 500 to 2000 pounds. Its shell is composed of a mosaic of small bones covered ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" • Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-19/8 NC Registered Geologists Firm C-553 SC R.CO,Sterea Engineering Firm 3239 by a firm, rubbery skin with seven longitudinal ridges. The skin is predominately black with variable pale spotting. Habitat: Leatherbacks are distributed world-wide in tropical waters of the Atlantic, Pacific, and Indian oceans. They are generally open ocean species, and may be common off the North Carolina coast during certain times of the year. However, in northern waters leatherbacks are reported to enter into bays, estuaries, and other inland bodies of water. Major nesting areas occur mainly in tropical regions. In the United States, primary nesting areas are in Florida, however nests are known from Georgia, South Carolina, and North Carolina as well. Nesting occurs from April to August. Leatherbacks need sandy beaches backed with vegetation in the proximity of deep water and generally with rough seas. Beaches with a relatively steep slope are usually preferred. Conclusion: The site consists way of undeveloped, wooded. Open beaches were not observed in the vicinity of the site. Based on our site observations, suitable habitat for the leatherback sea turtle was not observed on the site. ECS has concluded that the developments will have no effect on the species. Kemp's Ridley Sea Turtle Description: The Kemp's ridley sea turtle is the smallest of the sea turtles, reaching approximately two feet in length and weighing up to 100 pounds. They have an oval carapace that is almost wide as it is long. The carapace has five pairs of costal scutes and in each bridge adjoining the plastron to the carapace, there are four infragmagrinal scutes. Habitat: Kemp's ridley sea turtle is the smallest of the sea turtles that visit North Carolina's coast, and has been sighted in most coastal counties. While the majority of this sea turtle's nesting occurs in Mexico, the species is known to nest on North Carolina beaches infrequently. Sightings of the species exist for most coastal counties. Kemp's ridley sea turtle can lay eggs as many as three times during the April to June breeding season. Kemp's ridley sea turtles prefer beach sections that are backed up by extensive swamps or large bodies of open water having seasonal narrow ocean connections and a well-defined elevated dune area. The species prefers neritic areas with sandy or muddy bottoms. Conclusion: The site consists of undeveloped, wooded. Open beaches were not observed in the vicinity of the site. Based on our site observations, suitable habitat for the Kemp's ridley sea turtle was not observed on the site. ECS has concluded that the developments will have no effect on the species. Loggerhead Sea Turtle Description: Loggerhead sea turtles have larger heads relative to body sized when compared to green sea turtles. They are a reddish -brown color. They can average approximately three feet in size and weigh approximately 200 pounds. Habitat: The loggerhead is widely distributed within its range and is found in three distance habitats during their lives. These turtles may be found hundreds of miles out in the open ocean, ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Et>gmeering Firm F-11978 NC Registered Geologists Firm C-553 SC RemstereC Eromeerng Firm 3239 in neritic areas, or on coastal beaches. In North Carolina, this species has been observed in every coastal county. Loggerheads occasionally nest on North Carolina beaches, and are the most common of all the sea turtles that visit the North Carolina coast. They nest nocturnally, at two to three year intervals, between May and September, on isolated beaches that are characterized by fine-grained sediments. In near shore areas, loggerheads have been observed in bays, lagoons, salt marshes, creeks, ship channels, and mouths of large rivers. Coral reefs, rocky places, and shipwrecks are often used as foraging areas. Conclusion: The site consists way of undeveloped, wooded. Open beaches were not observed in the vicinity of the site. Based on our site observations, suitable habitat for the loggerhead sea turtle was not observed on the site. ECS has concluded that the developments will have no effect on the species. Seabeach Amaranth Description: Seabeach amaranth is an annual plant with fleshy, pinkish -red stems and small rounded leaves. The leaves are clustered toward the tip of the stem. Habitat: Seabeach amaranth occurs on barrier island beaches where its primary habitat consists of overwash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches (landward of the wrack line). In rare situations, this annual is found on sand spits 160 feet or more from the base of the nearest foredune. It occasionally establishes small temporary populations in other habitats, including sound -side beaches, blowouts in foredunes, interdunal areas, and on sand and shell material deposited for beach replenishment or as dredge spoil. The plant's habitat is sparsely vegetated with annual herbs (forbs) and, less commonly, perennial herbs (mostly grasses) and scattered shrubs. It is, however, intolerant of vegetative competition and does not occur on well -vegetated sites. The species usually is found growing on a nearly pure silica sand substrate, occasionally with shell fragments mixed in. Seabeach amaranth appears to require extensive areas of barrier island beaches and inlets that function in a relatively natural and dynamic manner. These characteristics allow it to move around in the landscaped, occupying suitable habitat as it becomes available. Conclusion: Sand dunes were not observed on the site. The site consists of undeveloped, wooded land. Based on our site observations, suitable habitat for seabeach amaranth was not observed on the site. ECS has concluded that the developments will have no effect on the species. Rough -leaved Loosestrife Description: Rough -leaved loosestrife is a perennial herb with triangular shaped leaves that are opposite on shorter stems and tend to be arranged in whorls of three or four encircling taller stems. The leaf surfaces are smooth to the touch. Habitat: Rough -leaved loosestrife, endemic to the Coastal Plain and Sandhills of North and South Caroline, generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and wine grown on moist to seasonally saturated sands and on shallow organic soils overlaying sand (spodosolic soils). Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility line rights -of -way, firebreaks, and trails. ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F-1978 NC Registered Geologists Firm C-553 SC RemstereC Eromeerng Firm 3239 The species prefers full sunlight, is shade intolerant, and requires areas of minimal disturbance (eg. clearing mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overground, fire-supressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs on. Conclusion: The site consists of undeveloped, wooded. Carolina Bays or ecotones between longleaf pine upland and pond pine pocosins are not located on -site. Based on our site observations, suitable habitat for rough -leaved loosestrife was minimal on the site. ECS has concluded that the developments may affect but are not likely to adversely affect the species. Cooley's Meadowrue Description: Cooley's meadowrue is a perennial herb, which grows from a rhizome. In an ideal conditions, such as full sun, the stems are erect; however, when shaded, they are lax and trail along the ground and lean on plants. They have compound leaves divided into three parts and the leaflets are lance -shaped. Habitat: Cooley's meadowrue, documented in the Pine Savanna natural community, occurs in circumneutral soils in sunny, moist to wet grass -sedge bogs, wet -pine savannas over calcareous clays, and savannah -like areas, often at the ecotones of intermittent drainages or non-riverine swamp forests. This rhizomatous perennial herb is also found along plowed firebreaks, roadside ditches and right-of-way, forest clearings dominated by grass or sedge, and power line or utility rights -of -way. The species requires some type of disturbance (eg. mowing, cleaning, periodic fire) to maintain its open habitat. The plant typically occurs on slightly acidic (pH 5.8-6.6) soils that are loamy fine sand, sandy loam, or fine sandy loam; at least seasonally moist or saturated; an mapped as Foreston, Grifton, Muckalee, Torhunta, or Woodington series. Conclusion: The site consists of undeveloped, wooded. Based on our site observations, suitable habitat for Cooley's meadowrue was not observed on the site. ECS has concluded that the developments will have no effect on the species. CONCLUSIONS ECS has conducted a preliminary threatened and endangered species determination review for the site. Please note that our services did not include detailed surveys specific to listed species. Based on our knowledge, site observations, available resources concerning threatened and endangered species, and other desktop information, ECS does not believe that endangered species are located on site. If confirmation or a development plan is needed to confirm for the agencies review, ECS will work with the client to provide. CLOSURE We appreciate your assistance. Please contact Mr. Jonathon Grubb at (910) 686-9114, or via email at jgrubb@ecslimited.com if you have any questions concerning the site or this request. ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" f Geotechnical • Construction Materials • Environmental • Facilities Respectfully submitted, Et,S soutneast, Jonathan Grubb Environmental Staff Project Manager (910) 686-9114 jgrubb@ecslimited.com Attachments: Figure 1 — Site Location Map Figure 2 — USGS Topographic Map Figure 3 — Published Soils Map Figure 4 — USFWS NWI Map USFWC IPaC Resource List Photolog fi) NC Registered Engineering Firm F-19/8 NC Registered Geologists Firm C-553 SC Registered Engineering Finn 3239 W. Brandon Fulton, LSS, PSC, PWS Environmental Principal (704) 525-5152 bfulton@ecslimited.com ECS Capitol Services, PLLC • ECS Florida. LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Southwest. LLP www.ecslimited.com United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project code: 2022-0002754 Project Name: Dollar General- Supply NC February 03, 2022 Subject: Consistency letter for the 'Dollar General- Supply NC' project indicating that any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR § 17.40(o). Dear Kara Cometti: The U.S. Fish and Wildlife Service (Service) received on February 03, 2022 your effects determination for the 'Dollar General- Supply NC' (the Action) using the northern long-eared bat (Myotis septentrionalis) key within the Information for Planning and Consultation (IPaC) system. You indicated that no Federal agencies are involved in funding or authorizing this Action. This IPaC key assists users in determining whether a non -Federal action may cause "take"M of the northern long-eared bat that is prohibited under the Endangered Species Act of 1973 (ESA) (87 Stat.884, as amended; 16 U.S.C. 1531 et seq.). Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Unless the Service advises you within 30 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Please report to our office any changes to the information about the Action that you entered into IPaC, the results of any bat surveys conducted in the Action area, and any dead, injured, or sick northern long-eared bats that are found during Action implementation. If your Action proceeds as described and no additional information about the Action's effects on species protected under the ESA becomes available, no further coordination with the Service is required with respect to the northern long-eared bat. The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species that also may occur in your Action area: • American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) 02/03/2022 IPaC Record Locator: 100-109425203 2 • Cooley's Meadowrue Thalictrum cooleyi Endangered • Green Sea Turtle Chelonia mydas Threatened • Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered • Leatherback Sea Turtle Dermochelys coriacea Endangered • Loggerhead Sea Turtle Caretta caretta Threatened • Magnificent Ramshorn Planorbella magnifica Candidate • Monarch Butterfly Danaus plexippus Candidate • Piping Plover Charadrius melodus Threatened • Red Knot Calidris canutus rufa Threatened • Red -cockaded Woodpecker Picoides borealis Endangered • Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered • Seabeach Amaranth Amaranthus pumilus Threatened • West Indian Manatee Trichechus manatus Threatened • Wood Stork Mycteria americana Threatened You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. [1]Take means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct [ESA Section 3(19)]. 02/03/2022 IPaC Record Locator: 100-109425203 3 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Dollar General- Supply NC 2. Description The following description was provided for the project 'Dollar General- Supply NC': Proposed commercial development Approximate location of the project can be viewed in Google Maps: https://www.google.com/ maps/ a@33.928977,-78.32279430355345,14z Determination Key Result This non -Federal Action may affect the northern long-eared bat; however, any take of this species that may occur incidental to this Action is not prohibited under the final 4(d) rule at 50 CFR §17.40(o). Determination Key Description: Northern Long-eared Bat 4(d) Rule This key was last updated in IPaC on May 15, 2017. Keys are subject to periodic revision. This key is intended for actions that may affect the threatened northern long-eared bat. The purpose of the key for non -Federal actions is to assist determinations as to whether proposed actions are excepted from take prohibitions under the northern long-eared bat 4(d) rule. If a non -Federal action may cause prohibited take of northern long-eared bats or other ESA -listed animal species, we recommend that you coordinate with the Service. 02/03/2022 IPaC Record Locator: 100-109425203 4 Determination Key Result Based upon your IPaC submission, any take of the northern long-eared bat that may occur as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this species at 50 CFR §17.40(o). Qualification Interview 1. 2. 3. Is the action authorized, funded, or being carried out by a Federal agency? No Will your activity purposefully Take northern long-eared bats? No [Semantic] Is the project action area located wholly outside the White -nose Syndrome Zone? Automatically answered No 4. Have you contacted the appropriate agency to determine if your project is near a known hibernaculum or maternity roost tree? Location information for northern long-eared bat hibernacula is generally kept in state Natural Heritage Inventory databases — the availability of this data varies state -by -state. Many states provide online access to their data, either directly by providing maps or by providing the opportunity to make a data request. In some cases, to protect those resources, access to the information may be limited. A web page with links to state Natural Heritage Inventory databases and other sources of information on the locations of northern long- eared bat roost trees and hibernacula is available at www.fws.gov/midwest/endangered/ mammals/nleb/nhisites.html. Yes 5. Will the action affect a cave or mine where northern long-eared bats are known to hibernate (i.e., hibernaculum) or could it alter the entrance or the environment (physical or other alteration) of a hibernaculum? No 6. Will the action involve Tree Removal? Yes 7. Will the action only remove hazardous trees for the protection of human life or property? No 8. Will the action remove trees within 0.25 miles of a known northern long-eared bat hibernaculum at any time of year? No 02/03/2022 IPaC Record Locator: 100-109425203 9. Will the action remove a known occupied northern long-eared bat maternity roost tree or any trees within 150 feet of a known occupied maternity roost tree from June 1 through July 31? No 02/03/2022 IPaC Record Locator: 100-109425203 6 Project Questionnaire If the project includes forest conversion, report the appropriate acreages below. Otherwise, type '0' in questions 1-3. 1. Estimated total acres of forest conversion: 0 2. If known, estimated acres of forest conversion from April 1 to October 31 0 3. If known, estimated acres of forest conversion from June 1 to July 31 0 If the project includes timber harvest, report the appropriate acreages below. Otherwise, type '0' in questions 4-6. 4. Estimated total acres of timber harvest 0 5. If known, estimated acres of timber harvest from April 1 to October 31 0 6. If known, estimated acres of timber harvest from June 1 to July 31 0 If the project includes prescribed fire, report the appropriate acreages below. Otherwise, type '0' in questions 7-9. 7. Estimated total acres of prescribed fire 0 8. If known, estimated acres of prescribed fire from April 1 to October 31 0 9. If known, estimated acres of prescribed fire from June 1 to July 31 0 If the project includes new wind turbines, report the megawatts of wind capacity below. Otherwise, type '0' in question 10. 10. What is the estimated wind capacity (in megawatts) of the new turbine(s)? 0 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2022-0002754 Project Name: Dollar General- Supply NC February 03, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes 02/03/2022 2 If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require developm Attachment(s): • Official Species List 02/03/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 02/03/2022 2 Project Summary Project Code: 2022-0002754 Event Code: None Project Name: Dollar General- Supply NC Project Type: Commercial Development Project Description: Proposed commercial development Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@33.928977,-78.32279430355345,14z Counties: Brunswick County, North Carolina 02/03/2022 3 Endangered Species Act Species There is a total of 16 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries', as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. 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. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 West Indian Manatee Trichechus manatus There is final critical habitat for this species. The location of the critical habitat is not available. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos.fws.gov/ecp/species/4469 Threatened 02/03/2022 4 Birds NAME STATUS Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 Wood Stork Mycteria americana Population: AL, FL, GA, MS, NC, SC No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8477 Reptiles NAME American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 Threatened Threatened Endangered Threatened STATUS Green Sea Turtle Chelonia mydas Population: North Atlantic DPS There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/1110 Similarity of Appearance (Threatened) Threatened Endangered Endangered Threatened 02/03/2022 5 Snails NAME STATUS Magnificent Ramshorn Planorbella magnifica No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6216 Insects NAME Candidate STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Candidate STATUS Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8549 Endangered Endangered Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical - Construction Materials • Environmental - Facilities Reference: NCSHPO Review Proposed Dollar General Oxpen Road SW and Boones Neck Road SW Supply, Brunswick County, North Carolina ECS Project Number: 49-15282 Dear Ms. Gledhill -Earley, NC Registered Fngineennp Firm F-1078 NC Registered Geologists Firm C-40ti 5C Registered Engineering Firm 3239 June 3, 2022 Ms. Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, North Carolina 27699-4617 ECS Southeast, LLP (ECS) is pleased to provide our project information to initiate the North Carolina State Historic Preservation Office's (SHPO) review of projects subject to applicable federal and/or state cultural resources protection laws, including Section 106 of the National Historic Preservation Act and North Carolina General Statute 121-12(a). PROJECT INFORMATION The Project Study Area (PSA) is located at Oxpen Road SW and Boones Neck Road SW in Supply, Brunswick County, North Carolina. The site is identified by Brunswick County GIS Parcel Identification Number (PIN) 2310002202. The PSA is currently undeveloped moderately wooded land. The proposed project is a commercial development. Based on the United States Geological Survey (USGS) Topographic Map, no named tributaries are depicted onsite. During our review of the NCSHPO On -Line GIS Database, no historic resources were identified within the PSA. Two resources were identified within 1,500 feet of the PSA boundaries and were identified as House (BW0396) and House (BW0395 (NCHPO HPOWEB figure). If you have questions or need additional information, please contact us at jgrubb@ecslimited.com or at (919) 414-0214. Respectfully submitted, ECS Southeast, LLP Jonathan Grubb Environmental Project Manager Enclosures: Figures F/-fri4 W. Brandon Fulton, LSS, PSC, PWS Environmental Principal ECS Capitol Services. PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest LLC • ECS Southeast, LLP • ECS Texas, LLP www. ecsl invited. com Legend Supply Project Study Area 4 4Q Ili�h �.� Y e yW ' eadows ❑r SW o` ayap a rp r 4' 4 0S °Qdk'''`aSn P� s`ti 1 -d E 4ctst Sr. 14 s ¢b -to x o -S W Q a a kr 26. - n o t e Q ti s o Shallops Greek p44 5 e�k ,14 r 5 ti tq�- 2 of Ra i G gy5h P n a �y S ► x s. e. = h 1 kir r 'p Wntf�d5WIP Ocean 131vdw wally Roge Ocean Blvd1N Yurkey Trap Rd Sw � a oA n 13, N Geis Stanbio ry 4,7 s Sykes Si oceai, Client: Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: SITE LOCATION MAP 1 in = 1 mile BRUSWICK COUNTY jaimmommumewo oetille AL SAW drill Wiry* ikaVZORIVAAVAik ariteLit Drawn By: JDM Checked By: JDG Approved By: WBF Date: 10/ 11 /2021 ECS Pro ect No. 49:15282-A FIGURE 1 Legend Supply Project Study Area • gas 500 1,000 2,000 Feet lient: Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: USGS TOGORAPHIC MAP DATED:1994 SUPPLY, NC PROJECT STUDY AR A e Drawn By: JDM Approved By: WBF Checked By: JDG Date: 10/ 11 /2021 ECS Pro ect No. 49:15282-A FIGURE 2 Legend Supply Project Study Area Soil Map Project: OXPEN ROAD SWAND BOONES NECK ROAD SW BRUNSWICK COUNTY NORTH CAROLINA Title: USDA-NRCS SOIL SURVEY MAP DATED:10/12/2020 BRUNSWICK COUNTY Project Study Area Drawn By: JDM Checked By: JDG SOIL MAP UNIT Mu: Murville Murky Fine Sand Ma: Mandarin Fine Sand Approved By: WBF Date: 10/11/2021 ECS Pro ect No. 49:15282-A 0 500 1,000 2,000 Feet FIGURE 3 • ■■■ 9� � NC DEPARTMENT OF Ammo NATURAL AND CULTURAL RESOURCES • ■EN February 3, 2022 Kara Cometti ECS Southeast LLP 1812 Center Park Drive Charlotte, NC 28217 RE: Proposed Dollar General- Supply NC 49-15828 Dear Kara Cometti: Roy Cooper, Governor D. Reid Wilson, Secret ty Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-17047 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPART EN OF NATURAL AND CULTURAL RESOURCES ® 121 W. JOKES STREET_ RALEIGH_ NC 27603 • 16S1 MAIL SERVICE CENTER, RALEIGH, NC 27699 OFC 9.19.71V.9120 + FAX 919.707.9121 Taxonomic Group Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Proposed Dollar General- Supply NC Project No. 49-15828 February 3, 2022 NCNHDE-17047 Element Occurrences Documented Within a One -mile Radius of the Project Area EO ID cientific Name Common Name Observation Date Element Accuracy Federal State Occurrence Status Status Rank MIL J Global State Rank Rank 1 Bird Bird Dragonfly or Damselfly Freshwater Mammal Natural Community Reptile 27194 Charadrius wilsonia Wilson's Plover 27219 Haematopus palliatus American Oystercatcher 33738 Somatochlora Coppery Emerald georgiana Fish38937 Acipenser oxyrinchus Atlantic Sturgeon oxyrinchus 17664 Trichechus manatus West Indian 1954 Pine/Scrub Oak Sandhill (Coastal Fringe Subtype) 2007-05-11 2007 2004-Pre 2018-09 Manatee 2019-11-14 2006 7407 Alligator American Alligator 2017-09-20 mississippiensis Vascular Plant 2764 Vascular Plant 17635 Sporobolus virginicus Saltmarsh Dropseed 1930-08 Vaccinium Cranberry 1991-07-27 macrocarpon Natural Areas Documented Within a One -mile Radius of the Project Area E BC H? E E BC E H E 4-Low 4-Low 5-Very Low 4-Low Special G5 S2B Concern Special G5 S2S3B, Concern S3N Significantly G3G4 S1? Rare Endangered Endangered G3T3 S2 5-Very Threatened Threatened G2G3 S1N Low 4-Low G2 S2 3-Medium Threatened Threatened G5 S3 Similar Appearance 4-Low --- Threatened G5 S1 4-Low Threatened G5 S2 .ite Nam - Shallotte Creek Sandhills epresen a Iona ating R3 (High) Collective Rating C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Med Area Name North Carolina Agricultural Foundation Preserve Town of Holden Beach Open Space Owner Type The North Carolina Agricultural Foundation,Private Inc. Town of Holden Beach Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on February 3, 2022; source: NCNHP, Q4, January 2022. Page 2 of 4 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 NCNHDE-17047: Proposed Dollar General- Supply NC 5f tr Nag K ra Boone Nec+ k r A 54.1!rr.K'N D .c re m r sr 5 ;. S S •:rf.5e.`5t S'N I rclnn RW=r� LnSly Film Tree Tr! SSV [Amelia 0I SOV' Jr tin O 5 L } S•.V , Rd yW y:r Secession February 3, 2022 ❑ Project Boundary ❑ Buffered Project Boundary NHP Natural Area (NHNA) Li Managed Area (MAREA) 1:20,795 0 0.175 0.35 0.7 ml r 0 0.275 0.55 1.1 km Sources Esri, HERE. Garmin, Inrenrmp, increment P. Corp., GEBCO, USGS; FAO, NPS, NRCAN, GeOBase, IGN, Kadaster NI. Ordnance Survey, Earl Japan, MET!, Esri China (Bong Kcng), (c) OpenSireetMep cormitUWrs, and the .01$ User Canmunkr Page 4 of 4