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HomeMy WebLinkAbout20221406 Ver 1_ePCN Application_20221007DWR 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: 5/9/2022 BIMS # Assigned* Version#* 20221406 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: Malmo Loop Tract; Phases 1A & 1B 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 10/7/2022 Nearest Body of Water Hood Creek Basin Cape Fear Water Classification C; Sw Site Coordinates Latitude: Longitude: 34.258007 -78.113536 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 29 - Residential Developments NWP Numbers (for multiple NWPS): 14 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: Malmo Ventures, LLC 2b. Deed book and page no.: 2c. Contact Person: D Logan 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes No Yes No 2d. Address Street Address 60 Gregory Rd; Suite 1 Address Line 2 City Belville Postal / Zip Code 28451 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (910)443-2869 2g. Email Address: * dlogan@logandevelopers.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 1b. Subdivision name: (if appropriate) Malmo Loop Tract 1c. Nearest municipality / town: Northwest 2. Project Identification 2a. Property Identification Number: portion of 028000106 2b. Property size: 686 (total tract) 2c. Project Address Street Address Off Malmo Loop Rd Address Line 2 City State / Province / Region Northwest NC Postal / Zip Code Country 28451 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Hood Creek 3b. Water Resources Classification of nearest receiving water: * C; Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050406 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 tract contains a mix of uplands and wetlands. Hood Creek forms the western project boundary and several unnamed tributaries of the creek extend into the site. Most stream channels within the site are between 3' and 4' wide. The southern stream channel is larger, around 5' -7' wide. Additionally, beaver dams in the southwestern part of this channel have created ponded conditions in the southwestern portion of the site. This area supports a sparse assemblage of bald cypress, black gum, and pine trees. Most of the wetlands located adjacent to the streams support a fairly dense canopy of black gum, red maple, sweetgum, loblolly pine, willow oak, and water oak. Several small wetland pockets are scattered throughout the site as well and support a dense stand of sweetgum, red maple and bay species. One manmade pond is located in the central part of the site. Uplands located throughout the site are managed for silvicultural production and have either been recently cleared or support loblolly pines in varying age categories. The site has been timbered several times over the years. Most recently, the western and central portions were timbered in 2020 or 2021. These areas now support a developing shrub layer of pines, water oak, red maple, sweetgum, winged sumac, blackberry, goldenrod, and dog fennel. Trees in the eastern portion of the site were last cut around 2006 and now support rows of loblolly pines that are around 3" to 8" DBH. There is a moderate shrub layer of gallberry, winged sumac, and sweetgum. Several dirt roads provide access throughout the site. Site development in Phase 1A (uplands between Malmo Loop Rd and wetlands/stream system) is underway. Adjacent land use consists of a mix of undeveloped and forested land and residential development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). A NWP 29 was issued for Phase 1A, which authorized 0.09 acre of fill for roads and lot development on 8/24/22 (Action ID #SAW-2022-01061). A 401 WQC was not required since impacts were less than 0.1 acre. Note that Phase 1A impacts are included in this PCN since they have not yet been authorized by NCDWR. 4f. List the total estimated acreage of all existing wetlands on the property: 239.3 4g. List the total estimated linear feet of all existing streams on the property: 29,700 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a single family residential development within the site to accommodate the housing needs of the area. Because of the size of the project, it will be constructed in phases Impacts to jurisdictional wetlands and Waters of the US in Phase 1 B are needed for lot fill and roads. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * Phases 1A & 1 B of this residential development will include single family lots (157 units), townhomes (84 units), duplexes (40 units), access roads, and a sanitary sewer pump station. Roads, utilities, stormwater ponds are also proposed. Roads will be 24" wide and constructed within a 60' ROW. Sidewalks are a requirement of the municipality. Additionally, an existing dirt road that currently crosses wetlands and streams will be removed. This will result in 0.299 acre of restored wetlands and 89 LF of restored streams. A piling -supported bridge will be constructed over the streams and wetlands. Pilings will be spaced — 12' wide and no pilings will be located within the streams. The height of the bridge will be a minimum of 4' above the wetlands. A wastewater pump station and utility line will be constructed by H2GO in the western portion of the project area. The utility line will be directionally bored under wetlands/stream and will not impact any jurisdictional features. A gravel road will be constructed in the western portion of the tract to provide access to the utility line corridor. Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading (including proposed wetland fill) will occur as depicted on the site plan. Roadways and utilities will be installed. Then home/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-2022-01061 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Wes Fryer 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 Gary Beecher issued the PJD on 8/16/22. 6. Future Project Plans 6a. Is this a phased project?* Yes No 6b. If yes, explain. Because of the overall size of the tract, it is being developed in phases (expected to be a 10-year project). Minor wetland impacts (0.09 ac) have been authorized by the USACE for Phase 1A and site construction is underway. Phase 1 B has now been designed and impacts are requested. These impacts are being looked at cumulatively with impacts in Phase 1A . Future phases will likely have additional wetland/stream impacts and will be looked at cumulatively with impacts in Phase 1A & 1 B. 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? Future phases will likely have additional wetland/stream impacts and will be looked at cumulatively with impacts in Phases 1A & 1 B. D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 2. Wetland Impacts 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 Lot Development P Non-Riverine Swamp Forest W1 Yes Both 0.009 (acres) W2 Road Crossing P Non-Riverine Swamp Forest W2 Yes Both 0.063 (acres) W3 Road Crossing P Non-Riverine Swamp Forest W3 Yes Both 0.005 (acres) W4 Road Crossing P Non-Riverine Swamp Forest W4 Yes Both 0.003 (acres) W5 Grading P Riverine Swamp Forest W5 Yes Both 0.018 (acres) W6 Grading P Riverine Swamp Forest W6 Yes Both 0.025 (acres) W7 Road Crossing P Non-Riverine Swamp Forest W7 Yes Both 0.060 (acres) 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.183 2g. Total Permanent Wetland Impact 0.183 2i. Comments: Impacts W1 - W4 are located in Phase 1A and were previously authorized by the USACE. Impacts W5 - W7 are located in Phase 1 B and have not been authorized. Note that all impacts are shown here because NCDWR has not authorized Phase 1A impacts (previously under reporting threshold). 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbodytype 4f. Impact area OW1 Grading P N/A Fill Ditch 0.03 OW2A Stormwater P N/A Excavation Ditch 0.01 OW2B Road Crossing P N/A Culverts Ditch 0.01 OW3 Road Crossing P N/A Culverts Ditch 0.01 OW4 Site Development P N/A Fill Ditch 0.04 4g. Total temporary open water Impacts: 0.00 4g. Total open water impacts: 0.10 4h. Comments: E. Impact Justification and Mitigation 4g. Total permanent open water impacts: 0.10 U 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The engineer attempted to minimize impacts as much as possible. However, because of the location of wetlands and waters of the US within the site, some impact is needed to access uplands throughout the site. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain stormwater and sedimentation and erosion control permits prior to development. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes 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 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan including mitigation credits generated. The applicant proposes to restore 0.299 acre of wetlands and 89 LF of streams on site by removing an old road and two culverts. A bridge will be constructed over the resources. Attached is a restoration plan. 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 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. Town of Leland State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: The engineer has submitted a stormwater plan for Phases 1A 8,1B and it is currently under review. 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 tracts. However, development is planned within future phases of the site. Impacts will be avoided and minimized as much as possible in these phases and will be looked at cumulatively with impacts proposed in Phases 1A & 1 B. Additionally, erosion control and stormwater permits will be obtained to minimize 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. The project will tie into the municipal wastewater treatment system (gravity sewer to regional pump station near SF-8 built by H2Go). 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur or within a one mile radius of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. DRG staff performed a T&E habitat assessment for the entire 680-acre site. Hood Creek, located along the western property boundary, may provide suitable habitat for the American alligator. The tract has been managed for silvicultural production for many years. Some larger pines exist along stream drains, but vegetation is dense in these areas. Other areas were recently timbered or support young pines. Therefore, the site does not appear to provide suitable habitat for the RCW. Forested areas within the site could potentially provide appropriate winter and summer roosting habitat for the northern long-eared bat. Although the bat is known to occur in Brunswick County, no roost trees have been identified in the county. Therefore, any associated take from the proposed project as a result of cutting trees would be exempt per the Programmatic Biological Opinion for the NLEB. Finally, ponded areas in the southwestern part of the site may provide suitable foraging habitat for the wood stork. No impacts to this area are proposed. 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 presence of known cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. Additionally, a request for comment was submitted to SHPO for the entire 680-acre tract. They responded and had no comment. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8b. If yes, explain how project meets FEMA requirements: Wetland impacts #1-2 (0.043 ac) are within the 100-yr floodplain. A No -Rise flood study has been completed and the project engineer has submitted this to Brunswick County and the Town of Leland. 8c. What source(s) did you use to make the floodplain determination?* Information from the engineer. 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 Malmo Loop Attachments.pdf 16.6MB 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 Date 10/7/2022 DAVEY#,. Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 October 7, 2022 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Malmo Loop Tract; Phases 1A & 113; (formerly called Ashton Woods) Malmo Loop Rd; Leland; Brunswick County, NC NWP 29 & 14 Application Action ID# SAW-2022-01061 To Whom It May Concern: On behalf of Malmo Ventures, LLC, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments for Phases 1A & 113 of the Malmo Loop Tract (formerly called Ashton Woods) residential development, located off Malmo Loop Rd in Leland, NC. The purpose of the project is to construct a residential subdivision within the tract to serve the housing needs of Brunswick County. The entire site is 680 acres. Because of its large size, the applicant plans to develop it in phases over the next several years. Phases 1A & 113 are the only portions that has been planned to date. Eventually, they anticipate needing to apply for an IP for road crossings throughout the site, but no site planning has occurred for these future phases. A T&E assessment of the entire site was performed and did not identify any issues. The site may provide suitable habitat for the northern long-eared bat. Since no roost trees are known to occur in Brunswick County, any adverse effect would be considered exempt per the 4(d) rule. Additionally, streams and wetlands in the southwestern part of the site may provide suitable habitat for the American alligator and wood stork, but these areas will be avoided. Also note that we requested comments from SHPO for the entire site and they didn't have any comments. The project proposes to impact 0.183 acres of jurisdictional wetlands and 0.10 acre of jurisdictional ditches for lot fill and roads. To mitigate for these impacts, the applicant proposes restoring wetlands and streams on site by removing an old road bed. A restoration plan is enclosed. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, 4L WL" Kim Williams Environmental Scientist Encl. www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 MALMO LOOP TRACT Phases 1A & 1B Brunswick County 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 3.0 SITE PLAN DRAWINGS WE-1. Site Plan of Phases 1A & 1B WE-2. Phase 1A Enlargement WE-3. Phase 1B Enlargement WE-4. Existing Conditions at Stream/Wetland Crossing WE-5. Wetland Exhibit Bridge and Culvert Profiles WE-6. Wetland Impacts #1- #2 WE-7. Wetland Impacts #3 - #4 WE-8. Wetland Impacts #5 - #7 WE-9. Open Water Impacts #1- #2 WE-10. Open Water Impacts #3 - #4 4.0 PRELIMINARY JURISDICTIONAL DETERMINATION 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List Site Photos 6.0 SHPO COORDINATION 7.0 STREAM AND WETLAND RESTORATION PLAN 1.0 AGENT AUTHORIZATION FORM DAVEY: Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Davey Resource Group to act as our agent in the determination of jurisdictional wetland boundaries on the subject property, Malmo Loots Farm. By way of this form, I -:we additionally authorize access to the site by representatives of the US Army Corps of Engineers andlor the NC Division of Coastal Management for the purpose of reviewing the flagged wetland boundary and providing a final jurisdictional determination. Any questions regarding the jurisdictional wetland determination should be directed to Davey Resource Group. Please provide the following information: Property Address and Parcel ID Number: Malmo Loon Rd, Leland, NC 28451 Parcel ID: 0280000106 Current Property Owner Name: MALMO VENTURES LLC Owner Address, Phone Number, & Email Address: Address: 60 GREGORY RD NE; BELVILLE, NC 28451-9275 Email: Phone: Notice: This authorization, for liability & professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Davey Resource Group staff. Please call DRG to arrange a site meeting prior to visiting the site. er, Print Owns ame Owner's ' natur Date Phone: 910.452.0001 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 daveyresourcegroup.comrcarolinas 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph . f � \ } \ . p [ o ) = y m / ° o x � : _ CL - \ _■ � � LL � � R � o%G _!:: E=K® FA#{© FA �\¥s § . 5 � � e •©-® » k = m§ ! 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Wetland Exhibit Bridge and Culvert Profiles WE-6. Wetland Impacts #1- #2 WE-7. Wetland Impacts #3 - #4 WE-8. Wetland Impacts #5 - #7 WE-9. Open Water Impacts #1- #2 WE-10. 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SAW-2022-01061 County: Brunswick County NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner/Applicant: Address: Telephone Number: E-mail Address: Malmo Ventures LLC D Logan 60 Gregory Road, Ste 1 Belville, NC, 28451 (910)443-2869 dlogan(alogandevelopers.co m Size (acres) 686 acres Nearest Waterway Hood Creek USGS HUC 03030005 Nearest Town Northwest, NC River Basin Cape Fear Coordinates Latitude: 34.258007 Longitude:-78.113536 Location description: This 686 acre site (Ashton Woods) is located off Malmo Loop Road in Northwest, Brunswick County, NC (Parcel ID: 0280000106). 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 iurisdiction 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 iurisdictional 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 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 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. Page 1 of 2 SAW-2022-01061 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 Wilmington, NC 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 Ga rv.H.Beecher(&usace. 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 JD application using information obtained from the consultant (Davey Resources Group) and 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. 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: SAW-2022-01061 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. Di itall si ned b Ga H Beecher Corps Regulatory Official: Gary H. Beecher 9 Y 9 y rY Date: 2022.08.16 11:49:34-04'00' Date of JD: August 16, 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://re u�r,�.ops.usace.army.mil/customer-service-survey/_ Copy Furnished via e-mail to: Con%nitant- Kim William% Davey Resources Group 3805 Wrightsville Avenue. Suite 15 Wilmington, NC 28403 (910)452-0001 Kim.william s(a,davey.com Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: August 16, 2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: MALMO VENTURES LLC/D Logan C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Ashton Woods, SAW-2022-01061 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Brunswick City: Leland Center coordinates of site (lat/long in degree decimal format): Lat.: 34.258007 Long.:-78.113536 Universal Transverse Mercator: 17 s 765791.59 m E 3794534.58 m N Name of nearest waterbody: Upper Hood Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ■❑ Office (Desk) Determination. Date: August 16, 2022 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (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) See attached. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (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 34.2615114 -78.12404466 0.067 Wetland Section 404 W2 34.26173753 -78.12074209 0.051 Wetland Section 404 W3 34.26214873 -78.11995908 0.308 Wetland Section 404 W4 34.26091613 -78.12197883 0.142 Wetland Section 404 W5 34.25846791 -78.12334308 0.251 Wetland Section 404 W6 34.25700934 -78.11700046 0.192 Wetland Section 404 W7 34.25609931 -78.11731001 1.096 Wetland Section 404 W8 34.25531372 -78.11582628 0.106 Wetland Section 404 W9 34.25541932 -78.11525368 0.233 Wetland Section 404 W10 34.25609769 -78.12157789 0.460 Wetland Section 404 W11 34.25544042 -78.12230023 0.546 Wetland Section 404 W12 34.25508073 -78.12627247 0.521 Wetland Section 404 W13 34.25931944 -78.1234252 0.366 Wetland Section 404 W14 34.25870832 -78.12455731 0.165 Wetland Section 404 W15 34.25833407 -78.12486214 0.023 Wetland Section 404 W16 34.25830652 -78.12446507 0.046 Wetland Section 404 W17 34.25771048 -78.12126468 0.212 Wetland Section 404 W19 34.25765781 -78.10697096 0.183 Wetland Section 404 W20 34.2583775 -78.10263966 41.745 Wetland Section 404 W21 34.26207866 -78.10070835 0.230 Wetland Section 404 W22 34.25914765 -78.10851154 1.298 Wetland Section 404 W23 34.25812795 -78.11087725 4.657 Wetland Section 404 W24 34.26032537 -78.10617328 0.106 Wetland Section 404 W25 34.26329921 -78.10943756 7.186 Wetland Section 404 W26 34.26073524 -78.11383578 0.530 Wetland Section 404 W27 34.26055388 -78.11757391 0.013 Wetland Section 404 W28 34.26078722 -78.11790682 0.005 Wetland Section 404 W29 34.26090482 -78.11888008 0.011 Wetland Section 404 W30 34.26114476 -78.11916544 0.077 Wetland Section 404 W31 34.2608884 -78.11176412 0.519 Wetland Section 404 W32 34.26062287 -78.11570277 17.627 Wetland Section 404 W33 34.25899075 -78.11869992 0.581 Wetland Section 404 W34 34.26182805 -78.11811789 13.465 Wetland Section 404 W35 34.25518157 -78.11837513 142.687 Wetland Section 404 W36 34.25632255 -78.12577355 0.088 Wetland Section 404 W37 34.25333857 -78.11117578 0.051 Wetland Section 404 W38 34.25535186 -78.12398343 0.111 Wetland Section 404 W39 1 34.25810584 -78.11908571 2.304 Wetland Section 404 W40 1 34.25704594 -78.10741353 0.143 Wetland Section 404 W41 34.25171077 -78.11388515 0.142 Wetland Section 404 S1 34.2600654 -78.12236327 1031 Non -wetland water Section 404 S2 34.26143126 -78.12159395 2647 Non -wetland water Section 404 S3 34.25818905 -78.1017171 3227 Non -wetland water Section 404 S4 34.25674063 -78.10583783 387 Non -wetland water Section 404 S5 34.25679284 -78.10494357 618 Non -wetland water Section 404 S6 34.25304895 -78.11656772 7398 Non -wetland water Section 404 S7 34.25274184 -78.1126642 428 Non -wetland water Section 404 S8 34.25159054 -78.11873009 1078 Non -wetland water Section 404 S9 34.25793656 -78.12765238 2685 Non -wetland water Section 404 S10 34.25760639 -78.12390208 2096 Non -wetland water Section 404 S11 34.25848251 -78.11751566 985 Non -wetland water Section 404 S12 34.2630542 -78.1096149 726 Non -wetland water Section 404 S13 34.25932885 -78.11553798 4059 Non -wetland water Section 404 S14 34.25637149 -78.11128643 557 Non -wetland water Section 404 S15 34.25759669 -78.11063356 538 Non -wetland water Section 404 S16 34.25775187 -78.11135766 522 Non -wetland water Section 404 S17 34.2578209 -78.1198429 709 Non -wetland water Section 404 NS1 34.2590039 -78.1091284 836 Non -wetland water Section 404 NS2 34.25854682 -78.11268874 602 Non -wetland water Section 404 NS3 34.25771851 -78.11297762 504 Non -wetland water Section 404 NS4 34.25711364 -78.11679322 1282 Non -wetland water Section 404 NS5 34.26098849 -78.0982302 139 Non -wetland water Section 404 NS6 34.2544379 -78.10749817 231 Non -wetland water Section 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:Section 401/404 Delineation Preliminary Sketch (PJD Reference) 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ■❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. USGS T°p°g`aPh'°' S Minute Acme. Wlnnab°"' Leland, Lewisswamp ■❑ U.S. Geological Survey map(s). Cite scale & quad name: 0 Natural Resources Conservation Service Soil Survey. Citation: GIS Soils Data Brunswick County ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) 0 Photographs: 0 Aerial (Name & Date): NAPP 1998 Infrared Imagery Brunswick County; 2020 NC OneMap or ❑ Other (Name & Date): ❑ Previous determination (s). File no. and date of response letter: 0 Other information (please specify): Corps generated 01-2 Lidar Map 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. Digitally signed by Gary H. Gary H. Beecher Beecher Date: 2022.08.1611:49:11-04'00' Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ' o / � C * a V - ----- sl o a�i in I � I,,',III�II',�IIII 0 z.4 Kit - ,�tigo L�� ' � Y= it 111 il'IIII II j IIII lip ^ iL y +^^' }mom d 1. > m w o Z 0 O� �rn Q � M N o w m Of � N V I'II II II I'I ,IIII IIII IIII'"I II I'IIIIII O- -0 NO N O U N �l JY =V 1 IIII IIII . II � y ,'IIII . 0.2 n z E 3: a cD I II I III;;I I ,I II�'Ir" Ili m` I I�I — 11 ill l'lii OY Ill ye � c. = � hbbo 111 \ II IIII'II _ � 11 Ili I IIIIiI Ii �F�ih oAw O O I'IIIIIIii I � C till V N N E _ cc y0 i C 4% C — 6 LL y .I •l.l i,i I'. to .� !6 a m � C :I Q o 2 O C - 0 � (6 O a U) > C M J 0] � 0 a \ \ 0 z Scale applies to 11X17" print. o -I 0 \{\ 0o §(603 {E8 00 \\\ \)\ s=> 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List Site Photos Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 October 27. 2021 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: Malmo Loop Road Dear Kim Williams: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program IR \�70IdD73Me] 111Z:7 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0 OFC 919.707.9120 • FAK 919.707.9421 ■ \ CO \00 co, 2 \ �UZ y//Z / / / \ E » 0 J$ / \ FT, / \\ / 3 � 3 MR d CO a)2 CO.g CO g / \ 2 s 7 \ \ // � \ E / \ / x 4 6 / \(® E ) CO 3 / O c B § \ c \ \\ /®\ \ s \\ j e o e 3 3 3 g 2 / // $ = > > s s s s s s ® = t t e e e e e e / \ cn / u ± ± ± \ \ \ \ \ \ M j j j \ 2% 9% e/« ~ c z e« ®z e« ® z Q±±± e e e \ ® ®es s s eee\\\ 7 7 7 e e e o 0 0 \} / \ 0 g ± /\ / � \ f \ ƒ / / / \ z // E \E > E E E E E E © o } / _ \ \ f \ \ \ \ / / \ \ ` \ s \ \ \ w / / \ / /(® �\ \ E 2/ o ƒ 2 2 0 0 0 2 2 e _ 4 °\® %\ § N - \/ � ® E ƒ 2 M \ % / = 9 ± ® e © N � \ ` 0y \ e e (-o\\co//2ƒ \ \ ƒ ` © 0 Z r//g / o / m o anave a = J :- Z \ a / o a o c a o o m o—o / \u 2./\eO O a a s a j ± \\6 �m 2 \ » \ e e z e u = w \ \2 \ \ s \ \ \ / / \ /\ j i \ 0 E \ \ e 3 } e e z \ \ § § / 0 E } z \ z \ \ } \ m \ E j 2 5 5 2/// ( y 4 z ` o s y y ®s s e y e /\ ( \ / M ® \ f r m C % % ® \ § ° f D \ u \ \ % \ \ e \ J \ / ` \ / o \ \ / / M \ \ / g E 3 e % o / _ % % s s> a-i 2 \ \ \ 1 y 3 \\ \ 9 0 E} E\ / y \ e e co\\ // ^ \\ » \ \ \ H M LE g \ \ \ \_ 7 \ \ \ \ / \ ° e \ / » ® m m E E / E _ z \ ( o % e s a 7 e e e== u— ~ ~ / 2 E ` / m g / © s E / E\ 2 6 6 m m% ° s ®\( \ _ e o e z \ E E.0 3 3\\ \ -E w 2 v: \ / e a s> Z 4 4 0 2 2 a e ) z 3\ / / CC) a\/ \` \ \\co\ °/ \\ » E \ : \ / \CC)ea \ //\/\\� \ a : co \ LL \ \ \ \ \ \ \ \ / \ \ \ % E g x x/ 6 6 6 6 6 6 / \\/\ %\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ / \ \ § E z / / / / / / / ® / / © x ( ? / E % \ % 6 / 2 \ \ 3 / \ 3 0 / 2 Co 2 > > > > > > / / / / ra s / M 0 elf 0 0 J 0 E C� C r LD r W L U z o N �5owd �aqw �e " N a T"!lour, V S J� 0 4 'R m a` -J J - G rC n P N � IS -4N PU oaeyvy Cl m }shaua Mtn tit a W� a r $ L, � Q W m ££a a+ v U c U cmv 'a a O G 61 Qj N d c 71 o ❑ ❑ u G u IPaC Information for Planning and Consultation U.S. Fish &Wildlife Service IPaC resource list This repolrp�z:q V�Aecriticxl habitat (col life life Service's (USFWS) jurisdiction that are known or expected to be on or near the proiect 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 v Brunswick County, North Carolina N) C.O\AJ Local office Raleigh Ecological Services Field Office (919) 856-4520 JEJ (919) 856-4556 MAILING ADDRESS Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project - specific information is often required. Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. ' For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. 5. Click REQUEST SPECIES LIST. Listed species and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction. 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). 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 No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/9045 West Indian Manatee Trichechus manatus Threatened Wherever found Marine mammal There is final critical habitat for this species. The location of the critical habitat is not available. http://ecos.fws.gov/ecp/species/4469 10 Birds NAME STATUS 0 Piping Plover Charadrius melodus Th e There is final critical habitat for this species. The location of the Oy critical habitat is not available. http://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa Threatened Whereverfound There is proposed critical habitat for thi pecie ocation of the critical habitat is not available. http://ecos.fws.gov/ecp/species/1864 T Red -cockaded Woodpecker Picoides borealis Wherever found No critical habitat has been designated for this species. t ://ecc .fws. ov/ec /s ecies/7614 Wood Stork Mycteria americans No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/8477 Reptiles NAME American Alligator Alligator mississippiensis Wherever found No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/776 Endangered Threatened STATUS SAT Green Sea Turtle Chelonia mydas Threatened There is final critical habitat for this species. The location of the critical habitat is not available. http://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. http://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Wherever found There is final critical habitat for this species. The location of the critical habitat is not available. http://ecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta There is final critical habitat for this species The location of the Endangered Thr e critical habitat is not available. http://ecos.fws.gov/ecp/species/1110 Snails 106 NAME .0 STATUS Magnificent Ramshorn Planorbella magnifica Wh e reve r fo u n d No critical habitat has been designated for this species. htt ://ecos. ov/ec /s ecies/6216 1 N �\- is Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. http://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. http://ecos.fws.gov/ecp/species/3281 Candidate STATUS Candidate STATUS Endangered Rough -leaved Loosestrife Lysimachia asperulaefolia Wherever found No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Wherever found No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/8549 Critical habitats Endangered Threatened Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. 1\4 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 Act 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 girds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds 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 data mapping (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON (IFA .................................................................. BREEDING SEASON IS INDICATED ........................................................................................... FOR A BIRD ON YOUR LIST, THE ..................................................................................... BIRD MAY BREED IN YOUR ........................................................................ PROJECT AREA SOMETII�dE I ............................................................ ... ....... THE TIMEFRAME Sf�ECIFIED, WHICH IS A VERY LIBERAL ...................................................................... ESTIMATE OF THE DATES INSIDE .................................................B.................................... WHICH THE BIRD BREEDS ACROSS TS ENTIORANGE. "BREEDS ......................................................................... HERE" INDICATES THAT THE ................................................................. BIRD DOES NOT LIKELY BREED IN .......................................................................................... YOUR PROJECT AREA.) Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. NN WO Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Swallow-tailed Kite Elanoides forficatus Breeds Mar 10 to Jun 30 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. http://ecos.fws.gov/ecp/species/8938 Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . i Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these grphs" link. tl How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year- round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rang ide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort ishh, 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, s d presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conse ation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of yoyrato bird trust resources page. Marine mammals Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act and the Convention on International Trade in Endangered Species of Wild Fauna and Flora?. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries 1 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take (to harass, hunt, capture, kill, or attempt to ..................................................................................................................................................... harass, hunt, capture or kill) of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 511, 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. 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 marine mammals under the responsibility of the U.S. Fish and Wildlife Service are potentially affected by activities in this location: NAME Ir West Indian Manat�ric us manatus http://ecos.f\Ns.gov/ecp/species/4469 V4\W,1 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 ATTHIS LOCATION. Fish hatcheries THERE ARE NO FISH HATCHERIES AT THIS LOCATION. Wetlands in the National Wetlands Inventory Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. 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. \N*601 This location overlaps the following wetlands: FRESHWATER EMERGENT WETLAND PEM1 F PEM1 C FRESHWATER FORESTED/SHRUB WETLAND PF01 C PF04A PSS3Bd PF01 A PSS3B PSS3/4B RIVERINE R4SBC R5UBH Foy A full description for each wetland code can be found at the National Wetlands Inventory website Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions 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 proprietaryjurisdicti i;�� may affect such activities. Foy iFs� AN In i ng i £'} a'OA o � F Malmo Loop Road; Brunswick C. T&EAsessment Appendix C. Site m&a Stream crossing in southeastern part o QG \'�■��f�. Recently timbered uplands in central pa « of QG � Malmo Loop Road; Brunswick Co. T&E Assessment Appendix C. Site Photos Road through central part of site Road crossing in central part of site Malmo Loop Road; Brunswick Co. T&E Assessment Appendix C. Site Photos View of road and timbered area that is revegetating View of dense wetland vegetation adjacent to stream Dense vegetation in western portion of site Young pines in western part of tract Malmo Loop Road; Brunswick Co. T&E Assessment Appendix C. Site Photos __j Malmo Loop Road; Brunswick Co. T&E Assessment Appendix C. Site Photos Narrow stream crossing in western part of site Road crossing of a stream in northwestern part of tract Malmo Loop Road; Brunswick Co. T&E Assessment Appendix C. Site Photos Stream in northwestern part of site Road through site and shrubby uplands 14 r, S; f' jk !IN #[ate - •ftd- �, _ .� / f._T .� �f c ZZ r � 5 t' r Malmo Loop Road; Brunswick Co. T&E Assessment Appendix C. Site Photos Pines in southeastern part of site with developing understory Pines in east central part of site (3" to 8" DBH) Malmo Loop Road; Brunswick Co. T&E Assessment Appendix C. Site Photos Ponded area in southwestern portion of tract Ponded area in southwestern portion of tract 6.0 SHPO COORDINATION Malmo Loop Road Tract 10/26/2021 8:13:34 AM 1:36,112 0 0.25 0.5 1 mi 0 Boundary 0 0.4 0.8 1.6 km ..: Local districts & boundaries Local individual resources & centerpoints 0 Local Landmark 0 Local Landmark, Gone * Local HD Center Point Source: Esri, USDA FSA Historical & Cultural Resources Map North Carolina State Historic Preservation Office Participating NC Counties, NCCGIA, NC One Map, US EPA I Esri, HERE I Source: Esri, USDA FSA 6 � STAT£ r� Qunr-n •nog%'• North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson November 22, 2021 Kim Williams Land Management Group 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. kwilliams( 1mgroup.net Re: Construct residential development, Malmo Loop Road NE, Leland, Brunswick County, ER 21-2616 Dear Ms. Williams: Thank you for your email of October 26, 2021, regarding the above -referenced undertaking. We have reviewed the submission and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, (�� %akftuLta&� Ramona Bartos, Deputy �j State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 7.0 STREAM & WETLAND RESTORATION PLAN MALMO LOOP TRACT RESTORATION PLAN Malmo Loop Rd Leland, NC Brunswick County Prepared By: DAVEY11-. Resource Group Prepared For: Malmo Ventures, LLC Action ID #SAW-2022-01061 OCTOBER 2022 TABLE OF CONTENTS 1.0 INTRODUCTION............................................................................................................ 3 2.0 EXISTING CONDITIONS................................................................................................. 3 3.0 PROPOSED STREAM RESTORATION METHODS............................................................. 4 4.0 PROPOSED MONITORING............................................................................................. 5 LIST OF FIGURES & APPENDICES Figure 1. Vicinity Map Figure 2. USGS Topographic Map Figure 3. Aerial Photograph Figure 4. USACE-Approved Wetland Map Showing Areas to be Restored Figure W4. Existing Conditions of Stream/Wetland Restoration Area Figure W5. Stream/Wetland Restoration Plan View and Cross Section Appendix A. Site Photos MALMO LOOP TRACT RESTORATION PLAN BRUNSWICK COUNTY, NC Action ID #SAW-2022-01061 OCTOBER 2022 1.0 Introduction The Malmo Loop Tract is a 680-acre site located off Malmo Loop Rd in Leland, NC (Brunswick County). The owner, Malmo Ventures, LLC, proposes to construct a residential subdivision within the site. Engineered plans have been prepared for Phases 1A and 113, which include impacts to 0.183 acres of wetlands and 0.10 acres of jurisdictional ditches. In order to mitigate for proposed wetland impacts, the owner proposes to restore 89 LF of stream and 0.299 acres of wetlands on site by removing an old dirt road within the site. A piling -supported bridge will be constructed in its place. Note that additional stream impacts may occur in future phases of this project. It is hoped that the stream restoration performed here can be used to offset those impacts as well. 2.0 Existing Conditions The 681-acre tract is located off Malmo Loop Road in Leland (Brunswick County), NC (Figures 1- 3). The tract contains a mix of uplands and wetlands (Figure 4). Hood Creek forms the western project boundary and several unnamed tributaries of the creek extend into the site. Most stream channels within the site are between 3' and 4' wide. The southern stream channel is larger, around 5' -7' wide. Most of the wetlands located adjacent to the streams support a fairly dense canopy of black gum, red maple (Acerrubrum), sweetgum (Liquidambarstyraciflua), loblolly pine (Pinus taeda), laurel oak (Quercus laurifolia), and water oak (Quercus nigra). Several small wetland pockets are scattered throughout the site and support a dense stand of sweetgum, red maple and bay species. One manmade pond is located in the central part of the site. 3 Uplands located throughout the site are managed for silvicultural production and have either been recently cleared or support loblolly pines in varying age categories. A review of historical aerials shows that the site has been timbered several times since at least 1949. Most recently, the western and central portions were timbered in 2020 or 2021. These areas now support a developing shrub layer of pines, water oak, red maple, sweetgum, winged sumac (Rhus copallina), blackberry (Rubus spp.), goldenrod (Solidago spp.), and dog fennel (Eupatorium capillifolium). Trees in the eastern portion of the site were last cut around 2006 and now support rows of loblolly pines that are around 3" to 8" diameter at breast height (DBH). There is a moderate shrub layer of gallberry (Ilex glabra), winged sumac, and sweetgum. Several dirt roads provide access throughout the site. Adjacent land use consists of a mix of undeveloped and forested land and residential development. 3.0 Proposed Stream/Wetland Restoration Methods The owner proposes removing the dirt road located in the southcentral part of the tract and restoring streams and wetlands (Figure 5). Prior to performing restoration activities, the contractor will ensure that silt fencing is placed securely around the road removal area. Additionally, rock check dams will be installed downstream of the restoration work. First -order stream bank and channel restoration and riparian floodplain wetland restoration is proposed. Restoration activities are proposed for 89 linear feet of stream (two channels) and 0.299 acres of riparian wetlands. Proposed restoration activities of the stream channel include removal of existing culverts and fill material. Reconnection of the stream to the adjacent floodplain will re- establish characteristic riparian wetland hydrology. Channels and the natural vegetated riparian buffer will be restored to pre -construction contours. A bridge will be built above existing road grade to allow for flow events to adequately move downstream and access the floodplain. Since the restoration area will occur underneath a proposed bridge, no woody vegetation planting is proposed. It is anticipated that the native seed source will rapidly take root within the restoration area through natural dispersal patterns and rhizomatic growth. Jute/coir fiber matting (no plastic) and grass seed will be installed along the restored stream banks and left in place indefinitely to provide for stabilization. Silt fencing and check dams will be removed once the areas are stabilized. 4 4.0 Proposed Monitoring Restored areas will be monitored for stability and after heavy rain events until the area has stabilized. Any failure of the stream bank will be addressed immediately. Additional monitoring will occur every three months after construction for a total of one year (4 monitoring events) to ensure stream banks are stable and to document anticipated plant growth. Documentation will be submitted to the NCDWR and USACE after each monitoring event and will include a summary of findings and photo documentation of stream and wetland restoration areas. It is expected that these restored areas will be stable and vegetated at the end of the one-year monitoring period. 5 FIGURES ' o / � C * a V - ----- sl o a�i in I � I,,',III�II',�IIII 0 z.4 Kit - ,�tigo L�� ' � Y= it 111 il'IIII II j IIII lip ^ iL y +^^' }mom d 1. > m w o Z 0 O� �rn Q � M N o w m Of � N V I'II II II I'I ,IIII IIII IIII'"I II I'IIIIII O- -0 NO N O U N �l JY =V 1 IIII IIII . 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SITE PHOTOS Malmo Loop Tract; Restoration Site Photos Southern stream crossing to be removed T Northern stream crossing to be removed