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HomeMy WebLinkAbout20221279 Ver 1_ePCN Application_20220916DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 5/27/2022 BIMS # Assigned* Version#* 20221279 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification Reviewing Office* Wilmington Regional Office - (910) 796-7215 Information for Initial Review la. Name of project: CIL - ILM Cold Storage la. Who is the Primary Contact?* Kim Williams - Davey Resource Group What amout is owed?* $240.00 $570.00 Select Project Reviewer* Holley Snider:eads\hasnider 1 b. Primary Contact Email:* lc. Primary Contact Phone:* kim.williams@davey.com (910)452-0001 Date Submitted 9/16/2022 Nearest Body of Water Northeast Cape Fear River Basin Cape Fear Water Classification SC; Sw Site Coordinates Latitude: 34.280586 A. Processing Information County (or Counties) where the project is located: New Hanover Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -77.913347 la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: New Hanover County Airport Authority & New Hanover County 2b. Deed book and page no.: 2c. Contact Person: A. Granseur Dick 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes No Yes No 2d. Address Street Address 1740 Airport Blvd Address Line 2 City State / Province / Region Wilmington NC Postal / Zip Code Country 28405 USA 2e. Telephone Number: 2f. Fax Number: (910)341-4333 2g. Email Address: * gdick@flyilm.com 2a. Name(s) on recorded deed: Toney FJ Hrs 2b. Deed book and page no.: 2c. Contact Person: Paul Frazier 2d. Address Street Address PO Box 600549 Address Line 2 City Jacksonville Postal / Zip Code 32260-0549 State / Province / Region FL Country USA 2e. Telephone Number: 2f. Fax Number: (910)341-4333 2g. Email Address: * gdick@flyilm.com 3. Applicant Information (if different from owner) 3a. Name: Tracy DeRango 3b. Business Name: Evans General Contractors 3c. Address Street Address 4509 Creedmoor Road; Suite 401 Address Line 2 City State / Province / Region Raleigh NC Postal / Zip Code Country 27612 USA 3d. Telephone Number: 3e. Fax Number: (919)265-5090 3f. Email Address: * tderango@evans-gc.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group 4c. Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address: * kim.williams@davey.com C. Project Information and Prior Project History State / Province / Region NC Country USA 4e. Fax Number: (910)452-0060 1. Project Information lb. Subdivision name: (if appropriate) lc. Nearest municipality / town: Wilmington 2. Project Identification 2a. Property Identification Number: R03300-005-006-000; R03300-005-007-000; R03300-005-007-001,R03300-005-008-000; R03300-005-009-000; R03300-005-011-000; R03300-005-012-000; R04200-001-025-000 2c. Project Address Street Address Gardner Drive Address Line 2 City Wilmington Postal / Zip Code 28405 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Northeast Cape Fear River 3b. Water Resources Classification of nearest receiving water: * SC; Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300070809 4. Project Description and History 2b. Property size: 42 State / Province / Region NC Country USA 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Most of the site is currently undeveloped and forested. The northern and eastern sections are mowed. Wetlands exist in the central and northern portions of the tract. These wetlands support a canopy of mostly red maple with some sweetgum and loblolly pine. A minimum shrub layer of Chinese privet and ferns is also present. Wooded uplands support a mix of loblolly pines, sweetgum, and water oak. Multiple ditches transect the site. A couple of buildings associated with the airport exist in the northern and southern portions of the tract. Gardner Drive runs north -south through the eastern part of the site. Adjacent land use is the Wilmington Regional Airport to the east, undeveloped and forested land to the south, and residential to the west. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 11.9 4g. List the total estimated linear feet of all existing streams on the property: N/A 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a cold storage facility with direct airplane access to the facility for loading and unloading at the building. The specific site, building size and positioning is key to provide quick runway access to the facility for transferring and storing temperature controlled materials quickly and efficiently. Wetland impacts are needed for the building and jet ramp. Jurisdictional ditch impacts are needed for site access and grading. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The project consists of the construction of a 509,000 sf cold storage building, jet ramp with direct access to an ILM runway, access routes for trucks and other vehicles, parking areas, stormwater facilities, and a 30' utility easement west of the access road to the loading dock. This easement will have a 24" force main, 12" water main and a 6" force main located within it. A TSA security road will be relocated in the southern part of the project area. This road will be 16-ft wide with 2' shoulders and 3:1 slopes. Site grading will be at 3:1 slopes. The building size, shape, and internal programming (different cold zones within the building, movement of product through the building, etc), all meet very project -specific needs. With the leased area agreed upon between CIL and ILM, there is nowhere the building can be moved that would allow for this width of building with parking lot and truck loading zones. The hatched area between the building and the taxiway is the jet ramp where the 737 airplanes will come in, unload/load, and fly back out. Sediment and erosion control measures will be put in place. Then the limits of disturbance will be cleared of vegetation and site grading will occur. Roadways and utilities will be installed. Culverts will be utilized at the open water impact locations to maintain flow. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: SAW-2022-00913 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Cameron Owens Davey Resource Group Unknown 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Brad Shaver of the USACE issued the PJD on 06/23/22. Note that Open Water Impact #3 is located outside of the PJD project boundaries. This ditch is assumed to be jurisdictional. 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction 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 for building and jetway ramp P Hardwood Flat W1 Yes Both 0.411 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.411 2i. Comments: 2g. Total Permanent Wetland Impact 0.411 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area OW1 Road Crossing P N/A Culverts Ditch 0.02 OW2 Building Development P N/A Culverts Ditch 0.03 OW3 Road Crossing P N/A Culverts Ditch 0.01 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.06 4h. Comments: E. Impact Justification and Mitigation 4g. Total permanent open water impacts: 0.06 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Impacts were minimized as much as possible. However, several factors reduced the flexibility of design. The proposed building is large, which is needed to accommodate different cold zones and movement of product within the building. Its selected location is within the largest upland area of the leased site. Additionally, the jet ramp needed to have direct access from the ILM runway. The proposed location of this ramp was the only area that FAA and ILM agreed upon. Lastly, the facility could not be shifted west because there is an existing utility easement here. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Stormwater and erosion control permits will be obtained prior to site construction. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Northeast Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Non -riparian wetland 3c. Comments Quantity: 0.8 F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No If no, explain why: Site is located in the Cape Fear River Basin 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. New Hanover County State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: Engineer has submitted a stormwater plan to both New Hanover County and the State. 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. The project will not provide access or utilities to adjacent properties. No additional impacts are anticipated within the project area. Stormwater and sedimentation and erosion control permits will be obtained prior to site construction to limit impacts to downstream waters. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Site will tie into municipal wastewater treatment system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No Si. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was used to determine the known presence of rare species. No federally listed species are known to occur on the site. The Atlantic sturgeon, West Indian manatee, and northern long-eared bat are known to occur within one mile of the site. The site does not provide suitable habitat for the sturgeon or manatee. The USFWS IPaC database was also reviewed. Most of the site consists of upland fields to the north and east and upland and wetland wooded areas elsewhere on the site. A large wetland area exists in the central part of the site and supports red maple and sweetgum. A smaller wetland pocket exists in the northern part of the site. Wooded uplands supports a mix of pines and hardwoods. The tract does not appear to provide suitable habitat for the RCW. This area may provide suitable habitat for the northern long eared bat. Although this species is known to occur in New Hanover County, no roost trees are in close proximity to the site and any potential take from tree clearing would be exempt per the 4(d) rule. Wetlands are fairly dense and do not appear to provide suitable habitat to support federally listed plants known to occur in the region. The site does not appear to provide suitable habitat for any other federally protected species known to occur in the area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA EFH Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the known presence of cultural or historic resources. No cultural or historic resources are identified on or near the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center website Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document ILM Cold Storage Attachments.pdf 10.8MB File must be PDF or KMZ Comments Signature By checking the box and signing below, I certify that: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I have given true, accurate, and complete information on this form; I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the PCN form. Full Name: Kim Williams Signature e/,/ll -d Date 9/16/2022 DAVEY® Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 September 16, 2022 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: CIL -ILM Cold Storage; New Hanover County, NC NWP 39 Application Action ID# SAW-2022-00913 To Whom It May Concern: On behalf of Evans General Contractors, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments for the CIL — ILM Cold Storage Project located off Gardner Drive in Wilmington, NC. The purpose of the project is to construct a cold storage facility within the site with direct airplane access for loading and unloading. The project proposes to impact 0.411 acre of wetlands and 0.06 acre of a jurisdictional ditch for access and site development. To mitigate for the wetland impacts, the applicant proposes purchasing credits from the Northeast Cape Fear Umbrella Mitigation Bank. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 CIL-ILM COLD STORAGE New Hanover County, NC PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan Showing Proposed Impacts 3.0 PRELIMINARY JURISDICTIONAL DETERMINATION 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 5.0 NECFUMB MITIGATION CREDIT ACCEPTANCE LETTER 1.0 AGENT AUTHORIZATION FORM DAVEY Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Irwe, the undersigned, hereby authorize Davey Resource Group to act as our agent in the preparation and representation of information related to the Section 404.40l permit application for the CIL-ILM Cold Storage project located in New Hanover County, NC. All questions regarding this project should be directed to Davey Resource Group. Sincerely, Tracy DeRango Print Name 09/12/2022 Date www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan Showing Proposed Impacts L:\WETLANDS\2021 WETLANDS FILES\LMG21.606 --- ILM Gardner Dr, CIL ILM\Maps Boundaries are approximate and not meant to be absolute. Map Source: GIS Open Street Map CIL - ILM Cold Storage New Hanover County, NC Map Date: February 2022 DRGNCW21.606 © OpenStreetMap (and) contributors, CC -BY -SA, Esri, HERE; Garm in, (c) Opir'StreetMap_contributors D 4. Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 N 0 500 1,000 2,000 A Feet Scale applies to 11X17" print. Figure 1 Vicinity Map L:\WETLANDS\2021 WETLANDS FILES\LMG21.606 --- ILM Gardner Dr, CIL ILM\Maps Boundaries are approximate and not meant to be absolute. Map Source: USGS Castle Hayne 7.5 Minute Quad CIL - ILM Cold Storage New Hanover County, NC Map Date: February 2022 DRGNCW21.606 DA EY* Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Esri, HERE, Garmin, (c) OpenStreetMap contributors N 0 200 400 800 A Feet Scale applies to 11X17" print. Figure 2 Topographic Map Legend Bp: Borrow pits Ls: Lynchburg fine sandy loam, 0 to 2 percent slopes, Atlantic Coast Flatwoods No: Norfolk fine sandy loam, 0 to 4 percent slopes Pn: Pantego loam Se: Seagate fine sand L:\WETLANDS\2021 WETLANDS FILES\LMG21.606 --- ILM Gardner Dr, CIL ILM\Maps Boundaries are approximate and not meant to be absolute. Map Source: NRCS GIS Soils Data N 0 100 200 400 A Feet Scale applies to 11X17" print. CIL - ILM Cold Storage New Hanover County, NC CIAVEYt Resource Group Figure 3 Soils Map Map Date: February 2022 DRGNCW21.606 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 L:\WETLANDS\2021 WETLANDS FILES\LMG21.606 --- ILM Gardner Dr, CIL ILM\Maps Boundaries are approximate and not meant to be absolute. Map Source: 2020 NC One Map N 0 100 200 400 A Feet Scale applies to 11X17" print. CIL - ILM Cold Storage New Hanover County, NC Map Date: February 2022 DRGNCW21.606 DAVEY® Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Figure 4 Current Aerial I:\08879\0003\ENG\80-Drawings\WETLAND-101_088790003.dwg, 8/24/2022 2:36:55 PM, BDaniel A 3/21/2022 8:48:58 AM _ _ / 2` f � > `s' \ \ '' \ 20 31.0�29.0 \'� \��� \� \ ^ \\\\ \ LL:; t\ � i/ �v. N \ I�32.0 � �'\\\ \ \ r( I p 1. \�\\ . , / , a — \ ; \\\� \ ��A\I 0 /Cl /�- ,\ 1 \\\� //\\//4 \ //// /\\V A — \\�\� ^-� \\\\\�\ // / \\\/�✓f� \\/— \ 1 �N N N \2��y`\/ 7 /�\ / / Truck r' \ \ / \ Loading / \\\ i / / \\\ \ I Parking 1 1 k \\\� / / /\\ / 1 Dock N . \ •,-r \�Q. / \\ '\ / —I - \ r / \\ 9 MI �. \ c �\ /nu -\\,, y \ ___ ...N. \r • \ / 321 /�e\ 5 /. \ // / \\ �II' / \ _ \ \-, 1t �•�� _ J/ti \` n �� \S 1\, /—/.R4a \2S.J%p \\/ / cFti C� \ qJ ��'/ifsr,.( , v / \ L�\ .L- 3 \/ \Generator ti 1 "/ d i k/ f \ w L �� ` \\ //�\ • '< \\ / %�� / °Fo \� / \v 1� //ia. /L \\- ✓/ / / \' `L5O / i / 3 ENVIRONMENTAL IMPACT EXHIBIT 28.0 Jet Loading/Unloading Area 390' ° .. 27.0 v C . 26.0 C V Itil44:11"bk NIII441MM ,A.W1V17 " * 11 Parking WETLAND IMPACT #1: 0.411 AC (17,919 SF) PROPOSED BUILDING 509,000 SF FFE = 28.50' Building Pad for Future Expansion APPROX. CENTERLINE OF JURISDICTIONAL CHANNEL u Generators N OPEN WATER IMPACT #1: 0.017 AC (732 SF) Parking 5?) EXISTING WETLANDS LINE —PROPOSED TSA SECURITY ROAD RELAIGNMENT PROPOSED FAA FENCE REALIGNMENT OPEN WATER IMPACT #2: 0.026 AC (1,152 SF) Existing Culvert REQUIRED NEW HANOVER COUNTY e EMERGENCY SERVICES ACCESS ROAD —4— S / 1—APPROX. CENTERLINE / OF JURISDICTIONAL CHANNEL 1 vil /I 2/t5‘42 21-;:\A'Sk - ?' ; C �\� ---. ((/ r -a\ \ ti \ \_�1 28 Ir OPEN WATER IMPACT #3: \ 0.011 AC (473 SF) PROPOSED TSA SECURITY ROAD RELAIGNMENT PROPOSED FAA FENCE REALIGNMENT SCALE: 1"=80' (Horiz.) SCALE: 1 "= 80' 2 L 1-7 I L KEY MAP SCALE: NTS WETLAND IMPACTS = 0.411 AC OPEN WATER IMPACTS = 0.054 AC TOTAL IMPACTS = 0.465 AC 1 FIGURE 5. SITE PLAN SHOWING PROPOSED WETLAND AND DITCH IMPACTS LEGEND AND NOTES r vans GENERAL CONTRACTORS L J Evans General Contractors v MxIQM&CREED v 243 North Front Street Wilmington, North Carolina 28403 NC License # F-1222 PROJECT: 08879-0003 COPYRIGHT 2021 ALL RIGHTS RESERVED. PRINTED OR ELECTRONIC DRAWINGS AND DOCUMENTATION MAY NOT BE REPRODUCED IN ANY FORM WITHOUT WRITTEN PERMISSION FROM LS3P ASSOCIATES LTD. LS3P PROJECT: 1109-210965 A DATE DESCRIPTION SHEET NAME: STREAM AND WETLAND IMPACT EXHIBIT ORIG SUBMISSION: SHEET: 2022/07/30 WET-1 01 80% DRAWINGS 3.0 PRELIMINARY JURISDICTIONAL DETERMINATION SAW-2022-00913 Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00913 County: New Hanover U.S.G.S. Quad: NC -Castle Hayne NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: CIL ILM, LLC Mike Daily Address: 1919 S. Post Road Indianapolis, IN 46239 E-mail: mdaily(a,cilcap.com Size (acres) +/- 41.7 Nearest Town Wilmington Nearest Waterway Northeast Cape Fear River River Basin Cape Fear USGS HUC 03030007 Coordinates Latitude: 34.280586 Longitude: -77.913347 Location description: The project area is located along Gardner Road just west of the ILM runway in Wilmington. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/17/2022. 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 project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly SAW-2022-00913 suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in 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 Brad Shaver at 910-251-4611 or b rad.e.shaver(ausace.armv.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 06/23/2022. D. Remarks: The site was partially verified in the field and partially from desktop. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND PHILIP.A.SHANNIN@USACE.ARMY.MIL SAW-2022-00913 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Brad Digitally signed by Brad Shaver Date: 2022.06.23 Shaver Corps Regulatory Official: 15:16:38 04'00' Date of JD: 06/23/2022 Expiration Date of JD: Not applicable 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(electronic): Davey Resource Group attn: Kim Williams New Hanover County Airport Authority attn: A. Granseur Dick NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: CIL ILM, LLC, Mike Daily File Number: SAW-2022-00913 Date: 06/23/2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION I - The following identifies your rights and options regarding an administrative appeal E of the above decision. x SECTION Additional or thg information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fmal authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED • signature rights • this PERMIT: You may accept or appeal the permit ACCEPT: If you received a Standard Permit, you may sign the permit document and return authorization. If you received a Letter of Permission (LOP), you may accept the LOP and on the Standard Permit or acceptance of the LOP means that you accept the permit to appeal the permit, including its terms and conditions, and approved jurisdictional permit. APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of you may appeal the declined permit under the Corps of Engineers Administrative Appeal it to the district engineer for fmal your work is authorized. Your in its entirety, and waive all determinations associated with the certain terms and conditions therein, Process by completing Section II of the division engineer within 60 days form and sending the form to the division engineer. This form must be received by of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers completing Section II of this form and sending the form to the division engineer. This form engineer within 60 days of the date of this notice. Administrative Appeal Process by must be received by the division D: APPROVED information. • • JURISDICTIONAL DETERMINATION: You may accept or appeal the ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify date of this notice, means that you accept the approved JD in its entirety, and waive all APPEAL: If you disagree with the approved JD, you may appeal the approved JD under Administrative Appeal Process by completing Section II of this form and sending the form approved JD or provide new the Corps within 60 days of the rights to appeal the approved JD. the Corps of Engineers to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL o CTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a record of the appeal conference or meeting, and any supplemental clarify the administrative record. Neither the appellant nor the review of the administrative record, the Corps memorandum for the officer has determined is needed to or analyses to the record. is already in the administrative information that the review Corps may add new information the location of information that However, you may provide additional information to clarify record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division Attn: Brad Shaver Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 If you only have questions regarding the appeal process you may also contact: MR. PHILIP A. SHANNIN ADMINISTRATIVE APPEAL REVIEW OFFICER CESAD-PDS-O 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN@USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Legend Project Area - 73.1 ac Potential 404 Wetlands - 11.9 ac (16%) Potential Uplands - 61.2 ac (84%) - --- Potential US Waters (RPWs) - 1,197 If Potential Non -Jurisdictional Ditches (No OHWM) - 10,565 If © Data Points NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. A survey of delineated areas and review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site planning. Note: Brad Shaver with the USACE approved the delineation during a site meeting on 5/11/22 (northern section), Action ID: SAW-2022-00913. r tMap contributors L:\WETLANDS\2021 WETLANDS FILES\LMG21.606 ILM Gardner Dr, CIL ILM\Combined Project Areas - June 2022\Maps Boundaries are approximate and not meant to be absolute. Map Source: 2020 NC OneMap N 0 150 300 600 ft Scale applies to 11X17" print. ILM Gardner Combined Tract New Hanover County, NC Map Date: June 17, 2022 DRGNCW21.606 DAVEYI Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 Section 401/404 Delineation Preliminary Sketch 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List • ■■■ ■■ • NC DEPARTMENT OF ■ ■•■E NATURAL AND CULTURAL RESOURCES • ■■■ August 19, 2022 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: ILM Tract Dear Kim Williams: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-19079 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 'M9.707.9120 • FAX 919.707.9121 Taxonomic Group Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area ILM Tract August 19, 2022 NCNHDE-19079 Element Occurrences Documented Within a One -mile Radius of the Project Area Last Element Accuracy servation Occurrence Date Rank EO ID Scientific Name Common Name Freshwater Fish38937 Mammal Mammal Mammal Natural Community Natural Community Vascular Plant Vascular Plant Acipenser oxyrinchus oxyrinchus 24390 Corynorhinus rafinesquii macrotis 32126 Myotis septentrionalis 17664 Trichechus manatus Atlantic Sturgeon Eastern Big -eared Bat Northern Long-eared Bat West Indian Manatee 30772 Tidal Freshwater Marsh --- (Cattail Subtype) 3684 Tidal Freshwater Marsh --- (Giant Cordgrass Subtype) 30852 Baccharis glomeruliflora 22454 Dichanthelium cryptanthum Silverling H idden-flowered Witchgrass Vascular Plant 9927 Solidago verna Spring -flowering Goldenrod 2018-09 2006-Pre 1994-Post 2019-11-14 2002-06-13 2002-06-13 1904-Pre 1906-05-04 1986-05-07 No Natural Areas are Documented Within a One -mile Radius of the Project Area Federal State Global State Status tatus Rank Rank E 4-Low Endangered Endangered G3T3 S2 E 5-Very Low H? 5-Very Low E 5-Very Low C 4-Low C 4-Low H 5-Very Low H 5-Very Low C 3-Medium Proposed Endangered Threatened Special Concern Threatened G3G4T S3 3 G2G3 S2 Threatened G2G3 S1N G4G5 S3 G4 S4 Endangered G4 S1 Significantly G3G4 S2 Rare Q Throughout Threatened G3 S3 No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on August 19, 2022; source: NCNHP, Q2, July 2022. Please Page 2 of 4 NCNHDE-19079: ILM Tract me Place Dr Chadwick Ave Arlington Dr orktot-vn Dr Vict. is Dr Hights ille 11331 S Arlene Dr SandY �n Wrightsboro RE me p\rport Blvd 0 0 a 7 Penn . Eton Dr kitty Hawk R N Kerr Ave Oy O \e; a Fa ,38 fi ors a 0 a Gordo! Wilmington Stntth CreK Int'I Airport Q. rn O c o 0.33 0.65 Gt 3 Miles 1 1 1 1 1 1 1 1 August 19, 2022 n Buffered Project Boundary Project Boundary Sources. Esri, Airbus DS. USGS. NGA. NASA, CGIAR. N Robinson. NCEAS. NLS. OS, NMA. Geodatastyrelse , Rijkswaterstaat GSA, Geoland FEMA, Intermap and the GIS user community Sources. Esri, HERE. Garmin. FAO. NOAA, USGS. © OpenStreetMap contributors, and the GIS User Community Page 4 of 4 IPaC IPaC resource list U.S. Fish & Wildlife Service This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) information. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location c)� Now New Hanover County, North Carolina Local office Raleigh Ecological Services Field Office t. (919) 856-4520 la (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. Ilk ) Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Login (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries?). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). 2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. The following species are potentially affected by activities in this location: Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Threatened Wherever found 1\0\4* No critical habitat has been designated for this species. ‘1441,14S:S\ https://ecos.fws.gov/ecp/species/9045 Birds NAME t i r N \* %Nt N . STATUS Eastern Black Rail Laterallusjamaicensis ssp. Threatened jamaicensis•- Wherever found '. 1` ; No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa Wherever found There is proposed critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/1864 Threatened Threatened Red -cockaded Woodpecker Picoides borealis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Reptiles NAME American Alligator Alligator mississippiensis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/776 Endangered STATUS SAT Green Sea Turtle Chelonia mydas Threatened` 14P There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii '' Endangered Wherever found There is proposed critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered Wherever found There is final critical habitat for this species. The location 11/4 of the critical habitat is not available. https://ecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/1110 Threatened Snails NAME STATUS Magnificent Ramshorn Planorbella magnifica Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/6216 Insects Candidate NAME STATUS Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Cooley's Meadowrue Thalictrum cooleyi Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/3281 Candidate .c)\\#C STATUS Golden Sedge Carex lutea Wherever found - There is final critical habitat for this species. The location of the critical habitat is not available. https://ecos.fws.gov/ecp/species/6025 Endangered Endangered Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/8549 Threatened Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. There are no critical habitats at this location. Migratory birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Adz. ,d0 Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. ApOlma..1\111111111\11.411.1° *Mr Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory- birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/defau It/files/documents/nationwide-standard- conservation-measures.pdf The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 S\S‘°1411 American Oystercatcher Haematopus palliatus Breeds Apr 15 to Aug 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8935 Bachman's Sparrow Aimophila aestivalis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/6177 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Black Skimmer Rynchops niger This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/5234 Breeds May 1 to Sep 30 Breeds Sep 1 to Jul 31 Breeds May 20 to Sep 15 Brown -headed Nuthatch Sitta pusilla This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds Mar 1 to Jul 15 Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug This is a Bird of Conservation Concern (BCC) throughout 25 its range in the continental USA and Alaska. Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Painted Bunting Passerina ciris Breeds May 1 to Aug 20 ‘10‘4 Breeds elsewhere 7\toe's Breeds Apr 25 to Aug 15 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA ''' 141) Prairie Warbler D n roica discolor Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes Breeds May 10 to Sep erythrocephalus 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Ruddy Turnstone Arenaria interpres morinella This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Short -billed Dowitcher Limnodromus griseus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Breeds elsewhere Breeds elsewhere Breeds elsewhere 0\74 Willet Tringa semipalmata Breeds Apr 20 to Aug 5 This is a Bird of Conservation Concern (BCC) throughout 3 ve its range in the continental USA and Alaska. 460 Wood Thrush Hylocichla mustelina OeTh Breeds May 10 to Aug This is a Bird of Conservation Concern (BCC) throughout 31 its range in the continental USA and Alaska. Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds ‘101°4 The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell rb vt me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. potentially occurring in my specified location? What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? JP If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. Coastal Barrier Resources System Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be subject to the restrictions on federal expenditures and financial assistance and the consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more information, please contact the local Ecological Services Field Office or visit the CBRA Consultations website. The CBRA website provides tools such as a flow chart to help determine whether consultation is required and a template to facilitate the consultation process. There are no known coastal barriers at this location. Data limitations 46. The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the Service for an official determination by following the instructions here: https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation Data exclusions CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact CBRA@fws.gov. Facilities National Wildlife Refuge lands Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. There are no refuge lands at this location. Fish hatcheries A\dCkb There are no fish hatcheries at this location. _ rN410*4 Wetlands in the National Wetlands Inventory f Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRESHWATER EMERGENT WETLAND Palustrine RIVERINE Riverine A full description for each wetland code can be found at the National Wetlands Inventory website NOTE: This initial screening does not replace an on -site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. 5.0 NECFUMB CREDIT ACCEPTANCE LETTER NORTHEAST CAPE FEAR UMBRELLA MITIGATION BANK Agent: Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, NC28403 Credit Reservation Letter September 14, 2022 Evans General Contractors Attn. Tracy DeRango 4509 Creedmoor Road Ste 401 Raleigh NC 27612 Project: CIL-ILM Cold Storage (New Hanover County, NC) Dear Tracy: Per the credit request submitted by Kim Williams (agent), the Northeast Cape Fear Umbrella Mitigation Bank (Bank) is providing preliminary acceptance to supply mitigation credits for proposed impacts to non -riparian wetlands associated with the CIL-ILM Cold Storage project in New Hanover County, NC (conditional upon receipt of payment as outlined below). Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type Stream Non- Riparian Wetland Riparian Wetland Credit Source N/A Holly Shelter Bay N/A Credits Reserved 0 0.9 0.0 Fee Per Unit $646.12 $70,939.17 $70,939.17 Total Fee $0.00 $63,845.25 $0.00 $63,845.25 Based upon receipt of the credit request, the Bank will reserve 0.9 non -riparian wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for credit transfer, the Bank will issue an invoice in the amount of $63,845.25. Upon receipt of payment, the Bank will provide an executed Transfer of Credit Certificate for the total amount of credits invoiced and paid for. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at Christian.preziosi@davey.com Sincerely, Northeast Cape Fear Umbrella Mitigation Bank Christian Preziosi Davey Resource Group, Inc (agent) Northeast Cape Fear Umbrella Mitigation Bank c/o Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington NC 28403 1