HomeMy WebLinkAbout20221461 Ver 1_ePCN Application_20221021DWR
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:
7/15/2022
BIMS # Assigned* Version#*
20221461 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Washington Regional Office - (252) 946-6481 Robert Tankard:eads\rbtankard
Information for Initial Review
la. Name of project:
The Proximity at New Bern
la. Who is the Primary Contact?*
Bill Schoettelkotte
lb. Primary Contact Email:* lc. Primary Contact Phone:*
bill@capefearcommercial.com (910)332-1593
Date Submitted
10/21/2022
Nearest Body of Water
HaywardCreek
Basin
Neuse
Water Classification
N/A
Site Coordinates
Latitude:
35.093351°
A. Processing Information
County (or Counties) where the project is located:
Craven
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
*--77.119961 °
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
Please provide the date of the previous submission.*
7/15/2022
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):
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:
If. 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
11. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes
401 Water Quality Certification - Express
Riparian Buffer Authorization
No Unknown
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. 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:
Proximity New Bern, LLC
2b. Deed book and page no.:
3723/1018
2c. Contact Person:
Bill Schoettelkotte
Yes No
Yes No
2d. Address
Street Address
Greenleaf Cemetary Road & Dr. MLK, Jr. Blvd
Address Line 2
City State / Province / Region
New Bern NC
Postal / Zip Code Country
28562 United States
2e. Telephone Number: 2f. Fax Number:
(910)332-1593
2g. Email Address: *
bill@capefearcommercial.com
4. Agent/Consultant (if applicable)
4a. Name:
Jonathan Grubb
4b. Business Name:
ECS Limited Southeast
4c. Address
Street Address
6714 Netherlands Drive
Address Line 2
City
Wilmington
Postal / Zip Code
28405
4d. Telephone Number:
(919)414-0214
4f. Email Address: *
Jgrubb@ecslimited.com
C. Project Information and Prior Project History
State / Province / Region
NC
Country
United States
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
New Bern
2. Project Identification
2a. Property Identification Number:
8-207-213, 8-207-209, 8-207-237, 8-207-258
2c. Project Address
Street Address
Greenleaf Cemetary Road and MLK Jr. BLVD
Address Line 2
City
New Bern
Postal / Zip Code
28562
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
HaywardCreek
3b. Water Resources Classification of nearest receiving water: *
N/A
3c. What river basin(s) is your project located in?*
2b. Property size:
28.33
State / Province / Region
NC
Country
United States
Neuse
3d. Please provide the 12-digit HUC in which the project is located.
030202040305
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site consists of forested land, maintained herbaceous areas, forested wetlands, and two
developed commercial properties. The commercial properties are located along Greenleaf Cemetary
Road.
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:
2.64
4g. List the total estimated linear feet of all existing streams on the property:
2,013
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a multi -family development and associated parking
areas to accommodate the influx of new residents to the area.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed development will include nine multi -family residential buildings, an office/clubhouse, a
pool, two stormwater retention ponds, a maintenance building, and associated parking areas.
Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would
be used for the project. Proper erosion and sedimentation control measures (BMP's) would be
employed throughout the project. Typical materials and machinery will be used on -site during the
construction process.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2022-02250
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Jonathan Grubb
ECS Limited Southeast
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
5/13/2022
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?
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*
(?)
29. Impact
area*
w1
fill
P
Bottomland Hardwood Forest
w1
Yes
Both
0.230
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.230
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.230
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
A multifamily development is necessary to accommodate the influx of new residents to the area.
While current zoning allows for 360 units, the developer voluntarily elected to reduce the number
of units to 252, a 30% reduction, and construct the minimum number of required parking spaces.
These measures (i) reduce wetland impacts to 9% of total wetland area, (ii) decrease impervious
area and (iii) allow the majority of wetlands, including the entirety of the jurisdictional stream to
remain undisturbed.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The impacts are isolated to the
wetlands that nearly bisect the site. For this reason, avoidance is not feasible even with the significant
reduction to the number of units proposed (360 to 252). Additional measures undertaken to exceed
wetland buffer requirements are reflected on the final site plan and include repositioning the
clubhouse, pool and street parking depicted on the initial site plan provided in impact map.
The construction techniques shall be conducted in accordance with NCDENR standards. Temporary
and additional erosion control measures shall be maintained throughout the construction process. Silt
fencing will be placed at the bottom of the slopes to deter sediment translocation offsite and control
erosion during construction activities. Temporary erosion, sedimentation, and pollution controls will be
installed prior to and maintained during the entire construction duration and until final stabilization is
established.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
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
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
Yes No
4b. Stream mitigation requested: 4c. If using stream mitigation, what is the stream temperature:
(linear feet)
4d. Buffer mitigation requested (DWR only): 4e. Riparian wetland mitigation requested:
(square feet) (acres)
4f. Non -riparian wetland mitigation requested:
(acres)
0.23
4h. Comments
4g. Coastal (tidal) wetland mitigation requested:
(acres)
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:
Not within a buffer
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.
Newbern
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? *
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
N/A
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Wastewater treated at a treatment plant operated by the City of New Bern.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
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?
USFWS IPaC and NC NHP. Awaiting USFWS for final concurrence.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NOAA Essential Fish Habitat Mappe
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 Mapping and development plans
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
1 PCN_FillableForm_v1_DRAFT_20220629-merged-compressed.pdf 4.88MB
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:
Jonathan Dale Grubb
Signature
ogiralfass e`0a4
Date
10/21/2022
x STA-q
\1
v
e awwv'�s°1'
NORTH CAROLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action I D no. SAW-2022-XXXXX Date received: [Click to enter.]
DWR project no. 'lick enter.l Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.093351'
Longitude (DD.DDDDDD):-77.119961'
Form Version 4.2, January 31, 2022
Pre -Construction Notification (PCN) Form
(Ver. 4.2, January 31, 2022))
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk are required. The form is not considered complete until all
mandatory questions are answered.
The online help file may be found at this link:
httas://edocs.dea. nc.aov/WaterResources/0/edoc/624704/PCN%20HeID%20File%202018-1-30.Ddf
The help document may be found at this link:
htt0://www.saw. usace.army.mil/M issions/Regulatory- Perm it- Program/Perm its/2017-Nationwide-
Permits/Pre-construction-Notification/
A. Processing Information
County (counties) where project is located:
Craven Additional (if needed).
Is this a NCDMS project?
(Click yes only if NCDMS is the applicant or co-
applicant)
❑ Yes X No
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
or airport project)
❑ Yes X No
Is this a NCDOT project?
❑ Yes X No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number:
Click to enter.
Page 1 of 20 PCN Form -Version 4.2, January31, 2022
❑x Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
1 a.
Type(s) of approval sought from the Corps: *
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Has this PCN previously been submitted? *
❑ Yes ❑x No
Please provide the date of the previous submission. *
Click to enter a date.
❑x Nationwide Permit (NWP)
1 b.
What type(s) of permit(s) do you wish to seek
❑ Regional General Permit (RGP)
authorization?
❑ Standard (IP)
This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps
representative
concerning submittals for standard permits. All required items can be included as attachments and
submitted with this form.
1 c.
Has the NWP or GP number been verified by the Corps? *
® Yes ❑ No
NWP number(s) (list all numbers ):
29
RGP number(s) (list all numbers ):
-lick to enter.
Are you a federal applicant?
❑ Yes ❑x No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act
Click to enter text.
1 d.
Type(s) of approval sought from DWR (check all that apply):
❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization
❑ Individual 401 Water Quality Certification
Is this a courtesy copy notification
❑ Yes ❑x No
1 e.
Is this notification solely for the record because written approval is not required? *
For the record only for DWR 401 Certification: *
❑ Yes ❑x No
For the record only for Corps Permit: *
❑ Yes ❑x No
1f.
Is this an after -the -fact permit/certification application? *
❑ Yes ❑x No
1g.
Is payment into a mitigation bank or in -lieu fee program proposed for
® Yes ❑ No
mitigation of impacts?
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1 h.
Is the project located in any of NC's twenty coastal counties? *
® Yes ❑ No
1 i.
Is the project located within an NC DCM Area of Environmental
❑ Yes ❑x No ❑ Unknown
Concern (AEC)? *
1j.
Is the project located in a designated trout watershed? *
❑ Yes ❑x No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 2 of 20 PCN Form - Version 4.2, January31, 2022
B. Applicant Information
1 a.
Who is the primary contact?
Bill Schoettelkotte
1 b.
Primary Contact Email:
bill@capefearcommercial.com
1 c.
Primary Contact Phone: (###)###-####
(910)332-1593
1 d.
Who is applying for the permit/certification? (check
all that apply)
® Owner ❑ Applicant (other than owner)
1 e.
Is there an agent/consultant for this project?
® Yes ❑ No
2.
Landowner Information
2a.
Name(s) on Recorded Deed:
Proximity New Bern, LLC
2b.
Deed Book and Page No.:
3723/1018
2c.
Contact Person (for corporations):
Bill Schoettelkotte
2d.
Address
Street Address:
Greenleaf Cemetary Road & Dr. MLK, Jr. Blvd
Address line 2:
Click to enter.
City:
New Bern
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
28562
Country:
United States
2e.
Telephone Number: (###)###-####
(910)332-1593
2f.
Fax Number: (###)###-####
See Agent Authorization (multiple)
2g.
Email Address:
See Agent Authorization (multiple)
3.
Applicant Information (if different from owner)
3a.
Name:
Bill Schoettelkotte
3b.
Business Name (if applicable):
The Proximity at New Bern, LLC
3c.
Address:
Street Address:
102 Autumn Hall Drive
Address line 2:
Suite 210
City:
Wilmington
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
28403
Country
United States
3d.
Telephone Number: (###)###-####
(910)332-1593
3e
Fax Number: (###)###-####
Click to entr
3f.
Email Address:
bill@capefearcommercial.com
Page 3 of 20 PCN Form - Version 4.2, January31, 2022
4. Agent/ Consultant (if applicable)
4a. Name:
Jonathan Grubb
4b. Business Name:
ECS Southeast LLP
4c. Address:
Street Address:
6714 Netherlands Drive
Address line 2:
Click to entr
City:
Wilmingtion
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
28405
Country:
United States
4d. Telephone Number: (###)###-####
919-861-9859
4e Fax Number: (###)###-####
Click to entc
4f. Email Address:
jgrubb@ecslimited.com
Agent Authorization Letter:
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
https://www.saw.usace.army. mil/Missions/Reg ulatory- Perm it-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 4 of 20 PCN Form - Version 4.2, January31, 2022
C. Project Information and Prior Project History
1. Project Information
1 a. Name of project: *
The Proximity at New Bern
1 b. Subdivision name (if appropriate):
Click to enter.
1 c. Nearest municipality/town: *
New Bern, North Carolina
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
8-207-213, 8-207-209, 8-207-237, 8-207-258
2b.
Property size (in acres):
28.33
2c.
Project Address:
Street Address:
Greenleaf Cemetary Road and MLK Jr. BLVD
Address line 2:
Southwest corner
City:
New Bern
State/ Province/ Region:
North Carolina
Postal/ Zip Code:
28562
Country:
United States
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): * 35.093351 °
Longitude (-DD.DDDDDD): *--77.119961 °
3. Surface Waters
3a. Name of nearest body of water to proposed project: *
HaywardCreek
3b. Water Resources Classification of nearest receiving
N/A
water: *
The Surface Water Classification map may be found at this link:
https:Hncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265
White Oak
3c. In what river basin(s) is your project located?
Choose additional (if needed)
3d. Please provide the 12-digit HUC in which the project is
030202040305
located:
The Find Your HUC map may be found at this link:
https:Hncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 5 of 20 PCN Form - Version 4.2, January31, 2022
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application:
The site consists of forested land, maintained herbaceous areas, forested wetlands, and two
developed commercial properties. The commercial properties are located along Greenleaf Cemetary
Road.
4b. Have Corps permits or DWR certifications been obtained for this
❑ Yes ❑x No ❑ Unknown
project (including all prior phases) in the past?
If yes, please give the DWR Certification number and/or Corps
SAW-2022-XXXXX
Action ID (ex. SAW-0000-00000):
jClick to enter.j
Attach any pertinent project history documentation
4b2. Is any portion of the work already complete?
❑ Yes ❑x No
If yes, describe the completed work.
Click to enter text.
4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work
described in this application not related to the 404 or 401.
N/A
4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f. List the total estimated acreage of all existing wetlands on the
2.64 acres
property:
4g. List the total estimated linear feet of all existing streams (intermittent
2,013 linear feet
and perennial) on the property:
4g1. List the total estimated acreage of all existing open waters on the
0 acres
property:
4h. Explain the purpose of the proposed project:
The purpose of the proposed project is to construct a multi -family development and associated parking
areas to accommodate the influx of new residents to the area.
4i. Describe the overall project in detail, including the type of equipment to be used:
The proposed development will include nine multi -family residential buildings, an office/clubhouse, a
pool, two stormwater retention ponds, a maintenance building, and associated parking areas.
Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would
be used for the project. Proper erosion and sedimentation control measures (BMP's) would be
employed throughout the project. Typical materials and machinery will be used on -site during the
construction process.
4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
4k. Will this activity involve dredging in wetlands or waters?
❑ Yes ❑x No
If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area.
�.in..n w ci nci Lc/.
Page 6 of 20 PCN Form - Version 4.2, January31, 2022
5.
Jurisdictional Determinations
5a.
Have the wetlands or streams been delineated on
the property or in
® Yes ❑ No ❑ Unknown
proposed impact areas?
Comments:
Anticipated wetland impact offset is a 2:1 ratio.
5b.
If the Corps made a jurisdictional determination,
❑x Preliminary ❑ Approved ❑ Emailed concurrence
what type of determination was made?
❑ Not Verified ❑ Unknown ❑ n/a
Corps AID number (ex. SAW-0000-00000):
SAW-2022-02250
Name (if known): Jonathan Grubb
5c.
If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: ECS Southeast LLP
areas?
Other: Click to enter
5d.
List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
5/13/2022
5d1.
Attach jurisdictional determinations.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
Click to enter.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to
authorize any part of the proposed project or related activity? This includes other separate and distant crossings
for linear projects that require Department of the Army authorization but don't require pre -construction
notification.
NO
7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be
entered here, please attach a supplemental list)
Church -Faith United Methodist, 4143 MLK Jr. Blvd, New Bern, NC 28562
J Herrin Enterprises, Inc., 110 Outrigger Rd, New Bern, NC 25862
Bo, Win & Bah Blute, 4300 Haywood Farms, New Ber, NC 25862
Roberto Maggio, 4302 Haywood Farms Rd, New Bern, NC 25862
Roger & Casey Moore, 4306 Haywood Farms Rd, New Bern, NC 25862
Alice Allen, 4308 Haywood Farms Rd, New Bern, NC 25862
Lonore Adametz, 4400 Haywood Farms Rd, New Bern, NC 25862
Charles & Titina Carrol, 4402 Haywood Farms Rd, New Bern, NC 45862
Frak Farlow & Paul Brett Unversaw, 4404 Haywood Fardms Rd, New Bern, NC 45862
John & Sherry Kelly, 4406 Haywood Farms Rd, New Bern, NC 45862
Shiwa Inc., 1901 MLK Jr. Blvd, New Bern, NC 45862
8. Scheduling of activity:
Click to enter.
Page 7 of 20 PCN Form - Version 4.2, January31, 2022
Page 8 of 20 PCN Form - Version 4.2, January31, 2022
D. Proposed Impacts Inventory
Impacts Summary
❑x Wetlands ❑ Streams - tributaries
1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters
(check all that apply):
❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #
2a1.
Impact
Reason/Type
2b.
Impact
Duration
2c.
Wetland Type
2d.
Wetland Name
2e.
Forested
?
2f.
Jurisdiction
Type
2g.
Impact Area
(ac)
W1
Fill (Incl.
Riprap)
Permanent
Bottomland
Hardwood
Forest
W1
Yes
Corps
0.23
W2
Choose one
Temp/ Perm
Choose one
Click to ente,
Y/N
Choose one
Click to enter
W3
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W4
Choose one
Temp/ Perm
Choose one
Mick to enter
Y/N
Choose one
Click to enter
W5
Choose one
Temp/ Perm
Choose onE
Click to enter
Y/I
Choose one
Click to enter
W6
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W7
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W8
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W9
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W10
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W11
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W12
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W13
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W14
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W15
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
2g1. Total temporary wetland impacts
0 ac
2g2. Total permanent wetland impacts
0.23 ac
2g3. Total wetland impacts
0.23 ac
2h. Type(s) of material being discharged and the amount of each type in cubic yards:
Clean material; approximately 560 cy
2i. Comments:
Click to enter text.
Page 9 of 20 PCN Form - Version 4.2, January31, 2022
3. Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #
3a
Impact
Reason*
3b.
Impact
Duration
3c.
Impact Type
3d.
Stream Name
3e.
Stream
Type
3f.
Jurisdiction
Type
3g.
Stream Width
(avg ft)
3h.
Impact length
(linear ft)
S1
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S2
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S3
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S4
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S5
dick to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S6
;lick to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S7
dick to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S8
dick to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S9
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S10
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
Mick to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Mick to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
;lick to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
lick to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S16
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S17
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S18
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S19
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S20
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1. Total jurisdictional ditch
impact:
Click to ent linear ft
3i2. Total permanent stream
impacts:
Click to ent, linear ft
M. Total temporary stream
impacts:
Click to entt linear ft
34. Total stream and ditch
impacts:
Click to ent, linear ft
3j. Comments:
LACK to enter.
Page 10 of 20 PCN Form - Version 4.2, January31, 2022
4.
Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other
open water of the U.S., individually list all open water impacts in the table below.
4a.
Site #*
4a1.
Impact Reason
4b.
Impact
Duration*
4c.
Waterbody Name*
4d.
Activity Type*
4e.
Waterbody
Type*
4f.
Impact area
(ac)*
01
dick to ent(
Temp/ Perm
Click to enter.
Choose one
:hoose one
Click to enter.
02
Click to enter.
Temp/ Perm
Click to enter.
Choose one
-hoose one
Click to enter.
03
dick to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
04
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
05
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
4g.
Total temporary open water impacts
Click to enter. ac
4g.
Total permanent open water impacts
Click to enter. ac
4g.
Total open water impacts
Click to enter. ac
4h.
Comments:
Click to enter.
5.
Pond or Lake Construction
If pond or lake construction is proposed, complete the table below. (*This
does NOT include offline stormwater
management ponds.)
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or
Wetland Impacts (ac)
Stream
Impacts (ft)
Upland
#
purpose of pond
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P2
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
ente
P3
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
ente,
5f.
Total
Click to
Click to
Click to
Click to
Click to
Click to
Clicl
enter.
enter.
enter.
enter.
enter.
enter.
ent
5g.
Comments:
Click to enter.
5h.
Is a dam high hazard permit required?
❑ Yes ❑x No
If yes, permit ID no.:
Click to enter.
5i.
Expected pond surface area (acres):
Click to enter.
5j.
Size of pond watershed (acres):
Click to enter.
5k.
Method of construction:
Click to enter.
Page 11 of 20 PCN Form - Version 4.2, January31, 2022
6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
(Check all that apply.)
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Jordan ❑ Goose Creek ❑ Randleman
❑ Other: Click to ente
Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
6g.
Zone 2 Impact*
(sq ft)
B1
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B2
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B3
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B4
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter
B5
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B6
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B7
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B8
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B9
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B10
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
1311
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B12
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B13
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B14
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B15
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B16
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B17
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B18
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B19
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B20
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
6h. Total temporary impacts:
Zone 1: Click to enter sq ft
Zone 2: Click to enter. sq ft
6h. Total permanent impacts:
Zone 1: Click to enter sq ft
Zone 2: Click to enter. sq ft
6h. Total combined buffer impacts:
Zone 1: Click to enter sq ft
Zone 2: Click to enter. sq ft
6i. Comments:
LACK to enter.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 12 of 20 PCN Form - Version 4.2, January31, 2022
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
A multifamily development is necessary to accommodate the influx of new residents to the area.
While current zoning allows for 360 units, the developer voluntarily elected to reduce the number
of units to 252, a 30% reduction, and construct the minimum number of required parking spaces.
These measures (i) reduce wetland impacts to 9% of total wetland area, (ii) decrease impervious
area and (iii) allow the majority of wetlands, including the entirety of the jurisdictional stream to
remain undisturbed.
1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques:
The impacts are isolated to the
wetlands that nearly bisect the site. For this reason, avoidance is not feasible even with the significant
reduction to the number of units proposed (360 to 252). Additional measures undertaken to exceed
wetland buffer requirements are reflected on the final site plan and include repositioning the
clubhouse, pool and street parking depicted on the initial site plan provided in impact map.
The construction techniques shall be conducted in accordance with NCDENR standards. Temporary
and additional erosion control measures shall be maintained throughout the construction process. Silt
fencing will be placed at the bottom of the slopes to deter sediment translocation offsite and control
erosion during construction activities. Temporary erosion, sedimentation, and pollution controls will be
installed prior to and maintained during the entire construction duration and until final stabilization is
established.
2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers
2a. If compensatory mitigation is required, by whom is it required? ❑ DWR ❑x Corps
(check all that apply)
2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank
project? (check all that apply) ❑x In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank
(Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Click to enter.
3b. Credits purchased/requested:
Type: Non -riparian
Wetland
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity Click to enter.
Attach receipt and/or approval letter.
3c. Comments:
Click to enter.
4. Complete if Using an In Lieu Fee Program
Page 13 of 20 PCN Form - Version 4.2, January31, 2022
4a.
Attach approval letter from in lieu fee program.
4b.
Stream mitigation requested:
Click to ente linear feet
4c.
If using stream mitigation, what is the stream temperature:
Choose one
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
https://ribits. usace.army. miI/ribits apex/f?p=107:27:2734709611497::NO: RP:P27 BUTTON KEY:O
4d.
Buffer mitigation requested (DWR only):
Click to enter. square feet
4e.
Riparian wetland mitigation requested:
Click to enter. acres
4f.
Non -riparian wetland mitigation requested:
Click to enter. acres
4g.
Coastal (tidal) wetland mitigation requested:
Click to enter. acres
4h.
Comments:
Click to enter.
5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including mitigation credits generated.
Click to enter
5b. Attach mitigation plan/documentation.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a.
Will the project result in an impact within a protected riparian buffer
❑ Yes ❑ No
that requires buffer mitigation?
If yes, please complete this entire section — please contact DWR for more information.
6b.
If yes, identify the square feet of impact to each zone of the riparian buffer that requires
mitigation. Calculate the
amount of mitigation required in the table below.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
Click to enter.
Click to enter.
Choose one
Slick to enter.
Zone 2
;lick to enter.
Click to enter.
Choose one
Click to enter.
6f. Total buffer mitigation required
Click to enter.
6g.
If buffer mitigation is required, is payment to a mitigation bank or
❑ Yes ❑ No
NC Division of Mitigation Services proposed?
6h.
If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i.
Comments:
U11CK io enter.
Page 14 of 20 PCN Form - Version 4.2, January31, 2022
F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers
❑ Yes ❑x No
identified within one of the NC Riparian Buffer Protection Rules?
1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse/dispersed flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deg.nc.,qov/about/divisions/energv-mineral-land-resources/energv-mineral-land-Permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
❑ Level Spreader
What Type of SCM are you
❑ Vegetated Conveyance (lower seasonal high water table- SHWT)
providing?
❑ Wetland Swale (higher SHWT)
(Check all that apply)
❑ Other SCM that removes minimum 30% nitrogen
❑ Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here.
Attach diffuse flow documentation.
2.
Stormwater Management Plan
2a.
Is this an NCDOT project subject to compliance with NCDOT's
Individual NPDES permit NCS000250?
❑ Yes ❑x No
2b.
Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)?
❑ Yes ❑x No
To look up low density requirements, click here:
http://reports.oah.state. nc.us/ncac/title%2015a%20-%20environmental%20guaIity/chapter%2002%20-
%20environmental%20manage ment/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c.
Does this project have a stormwater management plan (SMP)
❑x Yes ❑ No
reviewed and approved under a state stormwater program or state -
approved local government stormwater program?
❑ n/a — project disturbs < 1 acre
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2d.
Which of the following stormwater management program(s) apply?
❑x Local Government
(Check all that apply.)
❑ State
If you have local government approval, please include the SMP on their overall impact map.
❑x Phase II ❑ USMP
Local Government Stormwater Programs
❑ NSW ❑ Water Supply
Page 15 of 20 PCN Form - Version 4.2, January31, 2022
Please identify which local government stormwater program you are using.
City of New Bern
State Stormwater Programs ❑ Phase II ❑ HQW or ORW
❑x Coastal Counties ❑x Other
Comments:
NCDEQ will review for Neuse NSW Watershed Program
Page 16 of 20 PCN Form - Version 4.2, January31, 2022
G. Supplementary Information
1. Environmental Documentation
1 a. Does the project involve an expenditure of public (federal/state/local)
❑ Yes ❑x No
funds or the use of public (federal/state) land? *
1 b. If you answered "yes" to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
El Yes El No
Policy Act (NEPA/SEPA)? *
1 c. If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
Click to enter.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A
NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300),
Federally Non -Jurisdictional Wetlands /Classified Surface Waters
❑ Yes ❑x No
(15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
U11CK to enter.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
❑ Yes ❑x No
downstream water quality? *
3b. If you answered "no", provide a short narrative description:
The proposed development will be confined to the existing property boundary and no plans of expansion or
related residential development is anticipated. Future development of surrounding/local properties is unknown at
this time.
3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR
policy. (Attach .pdf)
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? * ® Yes ❑ No ❑ N/A
Page 17 of 20 PCN Form - Version 4.2, January31, 2022
4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
Wastewater treated at a treatment plant operated by the City of New Bern.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected
® Yes ❑ No
species or habitat? (IPAC weblink: htti3s://www.fws.ciov/ii3ac/ ffws.govl)
5b. Have you checked with the USFWS concerning Endangered Species
® Yes ❑ No
Act impacts? *
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another federal agency involved? *
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e. Is this a DOT project located within Divisions 1-8? *
❑ Yes ❑x No
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 ❑x No
5g1. If yes, have you inspected the bridge for signs of bat use such as
staining, guano, bats, etc.? Representative photos of signs of bat use
❑ Yes ❑ No
can be found in the NLEB SLOPES, Appendix F, pages 3-7.
Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to
NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf
If you answered yes to 5g1, did you discover any signs of bat use? *
❑ Yes ❑ No ❑ Unknown
If yes, please show the location of the bridge on the permit drawings/ project plans
5h. Does this project involve the construction/ installation of a wind
turbine(s)? *
❑ Yes ❑x No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf)
5i. Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
❑ Yes ❑x No
mechanized pile drivers, etc.? *
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdf)
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat? *
USFWS IPaC and NC NHP. Awaiting USFWS for final concurrence.
Attach consultation documentation.
6. Essential Fish Habitat (Corps Requirement)
Page 18 of 20 PCN Form - Version 4.2, January31, 2022
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat?
❑ Yes ❑x No
Is there submerged aquatic vegetation (SAV) around
the project vicinity?
El Yes ❑x No El Unknown
Will this project affect submerged aquatic vegetation?
❑ Yes ❑x No ❑ Unknown
Explain: Click to entr
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
http://-qis.ncdcr.-gov/hpoweb/
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural
preservation status (e.g., National Historic Trust designation or
❑ Yes ❑x No
properties significant in North Carolina history and archaeology)?
7b. What data source(s) did you use to determine whether your site would impact historic or archeological
resources?
NC HPO Web Survey Mapping. We are awaiting Concurrance from NCSHPO which will be forwarded upon
receipt.
7c. Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.,qov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain?
® Yes ❑ No
8b. If yes, explain how the project meets FEMA requirements.
A portion of the project boundary is situated within the 100-year floodplain, however; as proposed, no
construction activity will occur within the 100-year floodplain.
8c. What source(s) did you use to make the floodplain determination?
FEMA Flood Map Service Center Mapping and development plans
H. Miscellaneous
Comments:
Click to enter.
Attach pertinent documentation or attachments not previously requested
Page 19 of 20 PCN Form - Version 4.2, January31, 2022
I. Signature *
❑x By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time;
• The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter
66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: * Jonathan Grubb
Signature: * Jonathan Grubb
Date: * 7/6/2022
Page 20 of 20 PCN Form - Version 4.2, January31, 2022
w
O
a`
to
U
U
=
Z
a
U)
z
m
= O
a
O
w
d
Z
(P
is
•
■
L.L
00
N
O
N
R
0 CDw
o
Z
m
2—
N
LU
L�JNLJ
M
co
LL
CO
y �
O
w m
w
LL
�
o
Q
a
o W
o
■ • '�
N
■i �
•
0
i S • o
•
r �
O
! • o
.LO
O
■
• ■ r s
■ ■
f so*
a •
f
ff
N a
o a aLU
_ a
°}
0 z ui fD Z a
CD U)z� U 0)
L 0
0 � O m ZLU p
QU LL z 0 a LU z N
U) O>H o fn w U
oar U) a> w
m O o p 0
y 0 2 ti fn U a
U a
ew , 4MF
N
f �
CO LL
N
°�' m
Y
�
o
M
u
R
W
U
0
N
O �
�
m
a
w
LL
m O
w m
R
o
Q-
0
a
Ak
0
LO
0
Ln
N
0
IV�
I -WI :aagwnN
iaags
Osl =J :ale)s
HozU•90 :aje0
00.88b000L1 •aN;aa.1aad
X) iaags 01 saajq
Z9S8Z `eullo.leD 4laoN `u.1ag M@N
`Pnlg •a f 8u1A j@Hlnl ull.leW 'a4 XXXX
Al!wixoad all
180L'005'016 d
wa)-gasauaq-mmm
Eovez )N'ual8ulwl!m
I I I alins •peat' p"mise3 810Z
hEdwaq g gasaua8 paalltl
yosaueq
0UH :asuanl )N
d
cQ
G W
Z<
00
F
Q 0
U Z
O
J
x
0
z
• s
IT 3L
I
III ~
I N
l��sl
I s= I pI IIs� N
II ,
� a
J
Z ro
LU
W
LLJ ll�
J Q °
m
W Z
Q
a
Q
� m
00 Q
� Q
Q m
Z
J z o Of
Q a
W w w m
zz
Z-WI
:aagwnN
ZgSgZ `eullOJeD HIJON `u.lag M@N
;aa 4$
P^Ig 'af Sul�l aa4}nl ullaeW 'a4 XXXX
worooauaq-
waa yxauaq mMn
fovgz)N'uol2ulwl!M
Osl = J
:aleos
III alins •peat' pooegse3 BIOZ
hedwoq g yasauaq paalltl
HONDO
00'88b000L1
:aje0
Ali w ixoJ d a yl
y o s a u eq
Z'X) yaays oy saajq
2
0
Z
LL
a
a
J
Z
Z
W
0- F
Q W
I-- cl�
C) C)
m
N
O
Q
z
as
W
J
Q
H
ii
Q :
N
p
$
Z
c
Q
N�
W
M�
W
Q
J
H
cl
Q
m_
Z
J
H
W
z
Q
J
>w
o
>W
Of
m
OUH :asuanl )N
W
W W
= LL
av�
�U)m
moZ
oo¢
omm
Owm
w
1-7
3
ZA
EXHIBIT A
RO, ECT SUMMARY
�46 UNITS
` + 470 PARKS
Ms
ing lot and garage
sitioned on final site
in an effort to
!ed wetland buffer
irements.
.K14n x7�
w United States Department of the Interior
FISH AND WILDLIFE SERVICE }
4m, � ' _ � {{ Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To: July 15, 2022
Project Code: 2022-0064255
Project Name: 49-14995 The Proximity at New Bern
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et sea.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
07/15/2022
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186.php.
07/15/2022
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Marine Mammals
07/15/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
(919) 856-4520
07/15/2022
2
Project Summary
Project Code: 2022-0064255
Event Code: None
Project Name: 49-14995 The Proximity at New Bern
Project Type: Residential Construction
Project Description: Residential Development
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/Q35.093198150000006,-77.11983169512445,14z
1 CiroV louW
ROW @rm
Counties: Craven County, North Carolina
07/15/2022
Endangered Species Act Species
There is a total of 11 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: https:Hecos.fws.gov/ecp/species/4469
Birds
NAME STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10477
Red Knot Calidris canutus ru fa Threatened
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
07/15/2022
4
Reptiles
NAME
American Alligator Alligator mississippiensis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/776
STATUS
Similarity of
Appearance
(Threatened)
Green Sea Turtle Chelonia mydas Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6199
Leatherback Sea Turtle Dermochelys coriacea Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/1493
Amphibians
NAME
STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6772
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
07/15/2022
Migratory Birds
Certain birds are protected under the Migratory
Protection Act2.
Bird Treaty Act! and the Bald and Golden Eagle
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 gyratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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.
MKOLVA III
BREEDING
SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
07/15/2022
BREEDING
NAME SEASON
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
07/15/2022
3
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES
JAN
FEB MAR
APR MAY JUN JUL AUG
SEP OCT NOV DEC
American Kestrel
"+—
+Q„ ,++'
++++ ++++ +++ ++++ +++�
�`oo
+++"'+"'+�
BCC - BCR
NONE r000 �NN��
Bald Eagle +-4-
Non -BCC 111+ 1111 111111d, "11 1111 ++++ "i01
+ IN IN IN
Vul
wailsl ern Whip -Poor- +—+++1 ++++ ++++ + + ++ + + JJJ+ ++++ + ++ --
BCC Rangewide NONE NONE01
(CON)
Prairie Warbler +++ ++++ ++,+ + ++ ++++ ++++ ++
BCC Rangewide ■ ■■'�
(CON)
Prothonotary �� ���"� ����
Warbler +—+— ++++ ++++,+++ ++++ ++++ ++++ ++++ ++++ ++++ --+— � 4-
BCC Rangewide
(CON)
Red-headed +—+— ++++ ++++,+,+ 11++ 1++1 1i11 1+11'++' ++++ --+— ---+
Woodpecker
07/15/2022
0
BCC Rangewide
(CON)
Wood Thrush BCC Rangewide I I I I 1111 1111 1111 1111 I I I Jill
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern haps://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librgg/
collections/avoiding-and-minimizing-incidental-take-migratory
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.Ddf
Migratory Birds FAQ
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
(BCQ 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?
07/15/2022
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
07/15/2022
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 Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
07/15/2022
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 Fisheries3 [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 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.
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.
1►/G11►L hI
West Indian Manatee Trichechus manatus
Species profile: https://ecos.fws.gov/ecp/species/4469
07/15/2022
IPaC User Contact Information
Agency:
ECS Southeast LLP
Name:
Michelle Measday
Address:
5260 Greens Dairy Road
City:
Raleigh
State:
NC
Zip:
27616
Email
mmeasday@ecslimited.com
Phone:
9198619910
6/30/22, 12:35 PM
EFH Report
EFH Data Notice
EFH Mapper Report
Essential Fish Habitat (EFH) is defined by textual descriptions contained in the fishery management plans developed by the
regional fishery management councils. In most cases mapping data can not fully represent the complexity of the habitats that make
up EFH. This report should be used for general interest queries only and should not be interpreted as a definitive evaluation of EFH
at this location. A location -specific evaluation of EFH for any official purposes must be performed by a regional expert. Please
refer to the following links for the appropriate regional resources.
Southeast Regional Office
Atlantic Highly Migratory Species Management Division
Query Results
Degrees, Minutes, Seconds: Latitude = 35' 5' 34" N, Longitude = 78' 52' 47" W
Decimal Degrees: Latitude = 35.093, Longitude =-77.120
The query location intersects with spatial data representing EFH and/or HAPCs for the following species/management units.
EFH
Lifestage(s)
Data Species/Management
Management
Link
Caveats Unit
Found at
Council
FMP
Location
]
Bluefish
Juvenile
Mid -Atlantic
Bluefish
Atlantic Mackerel,
]
Atlantic Butterfish
Adult
Mid -Atlantic
Squid,& Butterfish
Amendment 11
Larvae
Summer Flounder,
]0
Summer Flounder
Juvenile
Mid -Atlantic
Scup, Black Sea Bass
Adult
Salmon EFH
No Pacific Salmon Essential Fish Habitat (EFH) were identified at the report location.
HAPCs
No Habitat Areas of Particular Concern (HAPC) were identified at the report location.
EFH Areas Protected from Fishing
No EFH Areas Protected from Fishing (EFHA) were identified at the report location.
https://www.habitat.noaa.gov/apps/efhmapper/efhreport/ 1 /2
6/30/22, 12:35 PM
EFH Report
Spatial data does not currently exist for all the managed species in this area. The
following is a list of species or management units for which there is no spatial data.
"For links to all EFH text descriptions see the complete data inventory: open data
inventory -->
South Atlantic Shrimp EFH,
Brown Shrimp,
Pink Shrimp,
Rock Shrimp,
White Shrimp,
South Atlantic Dolphin Wahoo EFH,
Wahoo,
South Atlantic Sargassum EFH,
Sargassum,
South Atlantic HAPCs,
Coastal Migratory Pelagics,
Golden Crab,
Sargassum,
Secretarial EFH,
Bigeye Sand Tiger Shark,
Bigeye Sixgill Shark,
Caribbean Sharpnose Shark,
Galapagos Shark,
Narrowtooth Shark,
Sevengill Shark,
Sixgill Shark,
Smooth Hammerhead Shark,
Smalltail Shark
https://www.habitat.noaa.gov/apps/efhmapper/efhreport/ 2/2
a�
o a w m LL o
N
Y m z Y Q w o LO
cnZ)0 X C C wC14 ;; Z
U ❑ a) LLJ
Q LL N
D wL U
Q
w 0Q N
x H a
pQ LLN Um
'^
m LU LL V
co •• (�j 0 LL M m 0 w m W L=
c w Q _ 3 o
w o x ti a R a
(j a 1 0
CD
CD
r • 1+ p1�s. N Q a� �+ M v'p� (V
o N N d
[v 4, s
a
n7l
.� , ti {, j O
O
601
WN
N-
+Y
LO
cn
SD�>w [V
w
a o`
o m nr a w
LU
Ln
CD 0
r7 q7
P80
9
C60
L
co
N
co
O
O
LL
o-
O N
U N
N
�
-2
co
co
co
co J
co
T-
co O
Gi
�C
co
co
=
-a
O
=
-a
co
N
0
O
O
O
0
Q
>
J
i
O
m
LL
>+
a
O
LL
N
O
o O Q'
O
+J
Qi r
co
0
a�
C
0
a�
U
C
E
U
co
C U
a�
-J
q'�'
- -
Q
U
m
O
N N
°O
a?
U
° a
0
�c
U)
o
O
o 'a
U
LL
O
a a�i
U)
cn
co
cn
O L
tL
O
O
LL
c
a
c
0
U
o
O
Q-'
O
2
Q E
LL =
o
O
a
N
a-
LL
U
U)
Q'
U)
Q
O
LL
}�
0
a-
0
"` J
^V+J
W
0
C
0
4 w-
J
LL
J
LL N
SAW-2021-02250
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02250 County: Craven U.S.G.S. Quad: NC -New Bern
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Cape Fear Four, LLC
c/o Mr. Bill Schoettelkotte
Address: 1051 Military Cutoff Road, Suite 200
Wilmington, North Carolina 28405
Telephone Number: 910-880-0063
E-mail: bill(kap efearcommercial. com
Size (acres) 28.33 Nearest Town New Bern
Nearest Waterway Trent River River Basin Neuse
USGS HUC 03020204 Coordinates Latitude: 35.093277
Longitude:-77.119836
Location description: The review area is comprised of several parcels adiacent to the property addressed 4115 Dr. M.L.K. Jr.
Boulevard in New Bern, NC. Parcel Index Numbers: 8-207-209; 8-207-213; 8-207-228; 8-207-258; 8-207-237.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There annear to be waters, including wetlands on the above described nroiect area/nronerty, that may be subiect 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 2/21/2022. 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
annealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
reauest an annroved JD. which is an annealable action. by contacting the Corns 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-2021-02250
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 Emily B. Thompson at (910)251-4629 or
Emily.B.Thompson(&usace.army.mil.
C. Basis For Determination: See the preliminary iurisdictional determination form dated 5/13/2022.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
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
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.**
j�J. J �
Corps Regulatory Official: r
Date of JD: 5/13/2022 Expiration Date of JD: Not applicable
SAW-2021-02250
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0
Copy furnished (via email):
Agent: ECS Southeast, LLP
Mr. Jonathan Dale Grubb
Address: 6714 Netherlands Drive
Wilmington, North Carolina 28405
Telephone Number: 919-861-9859
E-mail: JGrubb(&ecslimited.com
0
p
WWN }
wwo Opp
d' F Z
N y
WW
a..1
N
(n Z J
7
Q ::j W W
0� co U l m
O Q
R=
LL,
W
i
U
Z U
N w
Z K~ W
O W W p W Z
p W 2
O > �
w
O
O
viz W W
=
O m 0
i
(j) Daa�i
0 Z W (n FQ(nN
m y Q 0 R F W W W W
o = " (L mom C Z:
a
�i4..F �.
coQ 1
40 3: oo ��_� �
N r
a li
OL
( d Q
• u
r.
acoi
co
�.
Q co
(0 (0
� C C
N N
O O
d d d
N
00
m
O
N
a
w
CO
t
NI-
a)U y �
O
D
m
LL
a
10
u
m 0
w m
W
LL
3
o
o
a
N
N
O LL
v■
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Cave Fear Four. LLC, c/o Mr. Bill
File Number: SAW-2021-02250
Date: 5/13/2022
Schoettelkotte
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
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or hllp://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
Nor -
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Emily B. Thompson
ADMINISTRATIVE APPEAL REVIEW OFFICER
Washington Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
2407 West Fifth Street
ATLANTA, GEORGIA 30303-8803
Washington, North Carolina 27889
PHONE: (404) 562-5136; FAX (404) 562-5138
EMAIL: PHILIP.A.SHANNIN(aUSACE.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 opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Emily B. Thompson, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 12/27/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Cape Fear Four, LLC, c/o Mr. Bill
Schoettelkotte, 1051 Military Cutoff Road, Suite 200, Wilmington, North Carolina 28405
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 4115 Dr. M.L.K. Jr. Blvd /
Kariblue, LLC / Craven County, SAW-2021-02250
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is comprised of
several parcels adjacent to the property addressed 4115 Dr. M.L.K. Jr. Boulevard in New Bern, NC. Parcel
Index Numbers: 8-207-209; 8-207-213; 8-207-228; 8-207-258; 8-207-237
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Craven City: New Bern
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.093277 Longitude:-77.119836
Universal Transverse Mercator: 18
Name of nearest waterbody: Trent River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
®Field Determination. Date(s): February 16th and March 22nd
TABLE OF AQUATIC RESOURCES IN REVIEWAREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Estimated
Geographic
amount of
Type of
authority to
aquatic
aquatic
which the
Latitude
Longitude
resource in
resource (i.e.
aquatic
"may
Site Number
(decimal
(decimal
review area
wetland vs.
resource
degrees)
degrees)
(acreage and
non -wetland
be subject
linear feet, if
waters)
(i.e., Section
applicable)
404 or Section
10/404
SAW-2021-
35.091763
-77.1195
844 feet
Non -wetland
Section 404
Tributarywaters
,02250
SAW-2021-
02250 Wetlands
35.091917
-77.11968
2.89 acres
Wetland
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 AID 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 are included in the administrative
record and are appropriately cited:
®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: ECS Southeast, LLP
Map: Figure 6: Potential Wetlands and Waters of the U.S. Man
®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® 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: USACE National Regulatory Viewers — SAD — NC
❑USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2
®Natural Resources Conservation Service Soil Survey. Citation: Craven County 1996
® National wetlands inventory map(s). Cite name: Figure 4; USACE National Regulatory Viewers — SAD —
NC
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: Figure 5; USACE National Regulatory Viewers — SAD — NC
❑ 100-year Floodplain Elevation is:
® Photographs: ® Aerial (Name & Date):
(National Geodetic Vertical Datum of 1929)
or ® Other (Name & Date): ECS nhotolog
El Previous determination(s). File no. and date of response letter:
®Other information (please specify): Gen2 LiDAR
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.
/,) 4 wwiJ. )�-
Signature and date of Regu atory
staff member completing PJD
5/13/2022
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.