Loading...
HomeMy WebLinkAbout20180185 Ver 2_ePCN Application_20221222DWR 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: 10/30/2022 BIMS # Assigned* Version#* 20180185 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* Wilmington Regional Office - (910) 796-7215 Holley Snider:eads\hasnider:Holley.Snider@ncdenr.gov Information for Initial Review la. Name of project: CenterPoint la. Who is the Primary Contact?* Kim Williams - Davey Resource Group, Inc. lb. Primary Contact Email:* lc. Primary Contact Phone:* kim.williams@davey.com (910)452-0001 Date Submitted 12/22/2022 Nearest Body of Water Bradley Creek Basin White Oak Water Classification SC; HOW Site Coordinates Latitude: 34.231406 A. Processing Information County (or Counties) where the project is located: New Hanover Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -77.831297 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.* 3/18/2019 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 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: Centerpoint Partners of Wilmington 2b. Deed book and page no.: 2c. Contact Person: Alan McMahon Yes No Yes No 2d. Address Street Address 320 Broad Street; Suite 600 Address Line 2 City Charleston Postal / Zip Code 29401 2e. Telephone Number: (843)412-2739 2g. Email Address: * amcmahon@thebeachcompany.com 4. Agent/Consultant (if applicable) 4a. Name: Kim Williams 4b. Business Name: Davey Resource Group, Inc. 4c. Address Street Address 3805 Wrightsville Avenue; Suite 15 Address Line 2 City Wilmington Postal / Zip Code 28403 4d. Telephone Number: (910)452-0001 4f. Email Address:* kim.williams@davey.com C. Project Information and Prior Project History State / Province / Region SC Country USA 2f. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: (910)452-0020 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Wilmington 2. Project Identification 2a. Property Identification Number: R05600-001-004-000, R05600-001-001-000 2c. Project Address Street Address Eastwood Road Address Line 2 City Wilmington Postal / Zip Code 28405 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Bradley Creek 3b. Water Resources Classification of nearest receiving water: * SC; HQW 3c. What river basin(s) is your project located in?* 2b. Property size: 23.1 State / Province / Region NC Country USA White Oak 3d. Please provide the 12-digit HUC in which the project is located. 030203020502 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The tract is currently under construction and most of the site is cleared and graded. A NCDOT right of way is located in the southeastern part of the site. A stream runs through the center of the site and a small fringe of wetlands is located adjacent to the stream in the western part of the site. Two temporary roads/culverts currently cross the stream to provide access to equipment working on the site. One of the culverts was installed by NCDOT and is located in their ROW and the other was installed by the applicant. Adjacent land use is mostly commercial, with some residential. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000). NWP 39 (Action ID# SAW-2017-01860) and 401 WQC (DWR Project No. 2018-0185) were issued in 2019 that authorized permanent impacts to 0.28 acre of 404 wetlands and 0.02 acre of open water impacts and temporary impacts to 460 LF of stream & 0.006 acre of open water. Additionally, isolated wetland impacts were proposed (under reporting thresholds). Permanent wetland and open water impacts have been installed. Temporary impacts related to the installation of bottomless culverts have not occurred yet. 4f. List the total estimated acreage of all existing wetlands on the property: — 0.1 ac 4g. List the total estimated linear feet of all existing streams on the property: 1,664 LF 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to construct a mixed -use development that will contain office, retail, hotel, restaurants, and residential development to serve this section of Wilmington. This site is one of the last undeveloped tracts in the area and has access to both Eastwood Road and Military Cutoff Road. It is surrounded by development. 404 and isolated wetland impacts were needed to construct the proposed buildings. These impacts have been installed. Temporary impacts to a section of the stream are required to install a bottomless culvert. The bottomless culvert is needed for access throughout the site. A portion of an existing incised stream will also be enhanced by pulling steep banks back and planting them to provide a stable, vegetated buffer. The proposed development will include a mix of uses with multiple walking trails to encourage pedestrian access and utilization. The section of the stream to be enhanced will be located within the middle of the site and is an aesthetic feature of this development. Additionally, because pedestrians will utilize the various walkways and paths, wider bank slopes will improve its safety. The applicant proposes planting various obligate plants including soft rush, bull rush, lizard tail, cardinal flower and duck potato along the banks, which will improve both its aesthetics and stabilization. Note that the proposed site plan is slightly different than what was previously authorized. The proposed culvert is now longer (395 LF). A longer culvert is needed to provide enough room for tie -back grading along Centerpoint Drive to the existing stream and for the existing NCDOT drainage easement connection. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * This mixed -use project will contain a total of 612,092 sf of development (121,100 sf of retail and restaurant space, 102,300 sf of office space, 351 residential units, and 220 keys of hotel development). The project will also contain 449 surface and on -street parking spaces as well as two parking decks, stormwater facilities, access roads, and two elevated pedestrian walkways. One 395 LF long bottomless culvert will be installed across a stream. An additional 25 LF long bottomless culvert will be installed across a jurisdictional ditch to provide connection to the existing Mayfaire development. Two existing driveways that cross the stream will be removed. Finally, a portion of an existing incised stream will be enhanced by regrading steep banks and planting them to provide a stable, woody buffer. The stream enhancement work will temporarily impact 44 LF of channel. The site will be graded and the stream will be enhanced as proposed. Utilities will then be installed. Culverts will be installed and then the access roads will be constructed. Finally, buildings will be constructed. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. The site plan also depicts the extension of Drysdale Drive between Military Cutoff Rd and Eastwood Road. The construction of this road and its associated stream impacts will be the responsibility of NCDOT and is completely independent of the CenterPoint Development. NCDOT has obtained Section 404/401 permits to impact this portion of the stream and a portion of the wetland pocket within the ROW. 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-2017-01860 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: Paul Farley Davey Resource Group, Inc. 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Kyle Dahl with the USAGE issued the JD for the site on 9/6/2017 (Action ID# SAW-2017-01860). Chad Coburn with DWR has also confirmed the channel that runs through the site is a perennial stream. The JD recently expired. DRG personnel reevaluated the site and attached are data forms and an updated wetland map. Wetlands and a jurisdictional ditch have been filled in accordance with the previously issued NWP and 401 WQC. 6. Future Project Plans 6a. Is this a phased project?* Yes No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Streams -tributaries Open Waters Pond Construction 3. Stream Impacts Buffers 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (?) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* si Bottomless Culvert Installation Temporary Workpad/Causeway UT of Bradley Creek Perennial Both 10 Average (feet) 395 (linear feet) S2 Enhancement Temporary Bank Stabilization UT of Bradley Creek Perennial Both 10 Average (feet) 44 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 0 3i. Total stream and ditch impacts: 439 3i. Total temporary stream impacts: 439 3j. Comments: Impacts to 0.28 acre of freshwater 404 wetlands and 0.1 acre of isolated wetlands have already occurred on site, in accordance with previously issued Section 404/401 permits. 4. Open Water Impacts 4a. Site # 4a1. Impact Reason 4b. Impact type 4c. Name of waterbody 4d. Activity type 4e. Waterbody type 4f. Impact area OW1 Road Crossing T N/A Other Ditch 0.01 4g. Total temporary open water Impacts: 0.01 4g. Total open water impacts: 0.01 4g. Total permanent open water impacts: 0.00 4h. Comments: Impacts to 0.02 acre of open water jurisdictional ditch have already occurred on site, in accordance with previously issued Section 404/401 permits. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The 404 and isolated wetland impacts were needed to construct the proposed buildings on site. These pockets are located in the middle of the site, and avoidance was not possible while still maintaining an economically viable project. During the original permitting process, the site plan was revised so that the wetlands located adjacent to the stream were avoided. Because the jurisdictional ditch extends into the property and usable uplands, it could not be avoided without losing a significant amount of parking and/or a building, which would make the project economically infeasible. All stream impacts will be temporary. Bottomless culverts will be utilized in two locations across the stream and an RPW to avoid permanent impacts to these resources. Two driveway culverts were removed and two elevated pedestrian crossings will also be installed. Additionally, a 50' stream buffer will be added per City requirements. The impacts associated with enhancing the stream will be temporary. The current stream is deeply incised and the applicant proposes to reshape the stream banks in one section to provide more stable banks. Existing vegetation adjacent to the stream consists predominantly of pines, sweetgum, and maples that are growing on top of spoil that was excavated from the channel years ago and placed along the bank edges. The spoil material raised the elevation of the banks to near -vertical conditions at various locations. This has caused the stream banks to erode in many places, which is undermining the vegetation that buffers it. Creating a gentle slope would decrease the erosion and encourage the growth of flowering herbaceous plants along it since more sunlight will filter through. The applicant evaluated whether the existing vegetated buffer could be retained, but this would require the applicant to work inside the channel to restore stable, gentle slopes. This would reduce the size of the channel and possibly restrict flow. Because of the amount of stormwater that this channel receives, this is not considered a viable altemative. Finally, the applicant purchased wetland credits from the Northeast Cape Fear Umbrella Mitigation Bank at a 2 to 1 mitigation to impact ratio for the 404 wetland impacts. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The applicant has obtained erosion control and stormwater permits. A bottomless culvert will be installed across the stream to avoid permanent impacts to this resource. 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 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The applicant purchased wetland mitigation credits to offset 404 wetland impacts, in accordance with previously issued Section 404/401 permits. 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: The site is located in the Cape Fear River Basin. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 2d. Which of the following stormwater management program(s) apply: Local Government State Local Government Stormwater Programs Phase II NSW USMP Water Supply Please identify which local government stormwater program you are using. City of Wilmington Comments: A stormwater permit from the City of Wilmington has been obtained. 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. This project will not provide access or utilities to adjacent undeveloped properties. Erosion control and stormwater permits have been obtained to protect downstream waters. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater generated by this project will tie into the local municipality. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program website was used to determine the presence of federally -listed species. No federally listed species are known to occur on the site. The Atlantic sturgeon, West Indian manatee, and American alligator are known to occur within a one -mile radius of the site, likely within Bradley Creek, which is located about one mile south of the site. Additionally, the northern long-eared bat is known to occur within New Hanover County. No roost trees are known to occur in the County. Most of the site has been cleared of vegetation. A small fringe of wooded wetlands exists in the western part of the site. Some percussive activities associated with the construction of the elevated walkways and the parking decks may occur during site development. No other impacts to federally -listed species are anticipated to occur from this project. 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?* The NOAA Fisheries Essential Fish Habitat Mapper GIS program was used to determine the presence of Essential Fish Habitat. No EFH is known to occur within or near the site. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No cultural or historical resources were noted within or adjacent to the site. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* The FEMA Flood Map Service Center website was reviewed. Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document Centerpoint Attachments.pdf 11.88MB 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: Kim Williams Signature Date 12/22/2022 DAVEY Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 December 20, 2022 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Centerpoint; New Hanover County, NC NWP 39/401 WQC Application Action ID# SAW-2017-01860 & DWR Project No. 2018-0185 To Whom It May Concern: On behalf of Centerpoint Partners of Wilmington, Davey Resource Group is submitting a Pre - Construction Notification form and associated attachments for the Centerpoint development located off Eastwood Road in Wilmington, NC. The purpose of the project is to construct a mixed -use development within this growing part of the County. The previous landowner obtained a NWP 39 and 401 WQC in 2019 for this project that authorized permanent & temporary impacts to wetlands, open water, and streams. Permanent wetland and open water impacts have been installed. Temporary impacts related to the installation of bottomless culverts and stream enhancement have not occurred yet and, therefore, we are submitting a new application in order to complete these impacts. Note that minor changes to the site plan have occurred since the previous permits were issued. The proposed bottomless culvert is now longer and the stream enhancement section is shorter. But overall temporary stream impacts are less than previously authorized. To mitigate for the permanent 404 wetland impacts, the applicant purchased 0.6 acre of wetland credits from the Northeast Cape Fear Umbrella Mitigation Bank. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 CENTERPOINT New Hanover County, NC PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph 3.0 SITE PLAN DRAWINGS G002. Wetland Impact Overall Map Bottomless Culvert Detail Drawings 4.0 WETLAND INFORMATION Previous JD Existing Conditions Map & Photos Data Forms Signed Property Access Form 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List 6.0 PREVIOUS PERMITS & MITIGATION INFORMATION Section 404/401 Permits Signed Mitigation Responsibility Transfer Form 1.0 AGENT AUTHORIZATION FORM DAVEY Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for Centerpoint, located in Wilmington (New Hanover County). All questions regarding this project should be directed to Davey Resource Group. Sincerely, ce,-t-0,- 6/14 Ak\-4.6 ei- LL4 Applicant Print Name Date Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph I 11 Ogden —r °,ate Kings PROJECT AREA Grant s a G a ' A, M Country 0,_. s Clubof = = 4rj Landfall a ti Q e - i1 antlatt *III kg- 1-4' 1 _ University of I' C -W it mi ngto n a a K a` Y te WrightsvoNo Avu Seagate Wrightsville oreander Dr _' Beach A 410 OL B x u0W a a 4 U Mtasonbofo Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community N Boundaries are approximate and not meant to be absolute. 0 0.5 1 2 Miles Map Source: World Street Map CenterPoint New Hanover County, NC November 2022 DRGNCW22.557 ��v ©AEI E � t Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Figure 1. Vicinity Map CD ■ • . . i ■ ■ ■ ■ • • • • ■ ■ IS milis • liC3 I a j ■ . ( i NI ■ ID NI ..-1.2. . i 4 �� i .■■ ..... .. 1..:40 046111M .410 lb■ 1.■;NSubstth • II ■ • ■ ■ ■ ■ ■ Boundaries are approximate and not meant to be absolute. Map Source: USGS Topographic Mosaic for New Hanover Co. N A 0 250 500 1,000 Feet CenterPoint New Hanover County, NC November 2022 DRGNCW22.557 Figure 2. Topographic Map DAVEY_ Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Kr a I 1 11 On JO Be - �`� 5J On Se / __ Le i �r�°4. I _1 li — off GZ On d'ivant, + Le ; __ — Le 1. d►Ysdate To ---- - � Viking b _ o a Mu ly Wo Mu Esri LEGEND On: Onslow loamy fine sand Se: Seagate fine sand To: Torhunta loamy fine sand Wo: Woodington fine sandy loam 9 r _ - Le ±HERE, Garmin, (c) OpenStreetMap contributors Boundaries are approximate and not meant to be absolute. Map Source: Gridded Soil Survey Geographic (gSSURGO) Database for North Carolina. United States Department of Agriculture, Natural Resources Conservation Service. N 0 150 300 600 Feet CenterPoint New Hanover County, NC November 2022 DRGNCW22.557 ©AEI Resource 3805 ��v E Y t Group Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Figure 3. Soils Map ` ,ye e S ,, + . 7= _?; EN- 77-7"*------- ',:-Filfi,r,' -ktio, ,l'h-rwl',1itifi : =-=:;11‘ „*� qCI r11 1 in,10I'l fil m irir' �- - _ t -- { -.5. W r,Wa, 7,, 1 i ~ y n� e /. 'Sb HyK yLY.�ynin� r-•'lw 4' $-'�i:.-4 ,(�' riA 1�' i l w t .•% i em• '.' y 3 1 , ky a^ am V�� T.. y. V ''✓r e�`�", ��' / ,,� �1r .f Ali ,.40 t �' �' 16 Yl a a . .�' -, ` i 0 �k a want D ... `" , •. .. - •1^31`:. ..T' 'mow. §;.. , `�{�!I `�17 ` j�. n +dui "..A 8 i . Esri, 4 pp fJ,. / I h T. Drysdale -- ¢_ Y ,�� > --- 44, • 1R • rya mr Y..a�16 , 1/, 7n4 �� _ 'tom Ga min (c3) Op StreetMap contributors ..n A'r Aa .sa . r+e" r ` .. �• '?d i el ahD 'gy PO' 3, 'i f y, its Boundaries are approximate and not meant to be absolute. Map Source: 2020 NC OneMap Aerial N 0 150 300 600 Feet CenterPoint New Hanover County, NC November 2022 DRGNCW22.557 DAVEY Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Figure 4. 2020 Aerial Photo 3.0 SITE PLAN DRAWINGS G002. Wetland Impact Overall Map Bottomless Culvert Detail Drawings \\ II illy lit II PROPERTY BOUNDARY (TYP.) OFFICE BUILDING A HOTEL BUILDING D PROPOSED PEDESTRIAN CONNECTION INSTALLED 01 Impact: 0.02 ac PARKING DECK A INSTALLED W1 Impact: 0.28 ac NCDOT FUTURE RIGHT OF WAY CAMBRIDGE VILLAGE OF WILMINGTON MF-MH (CD) 50' STREAM BUFFER RETAIL BUILDING L PROPOSED 52 Impact: 44 LF (Temp) for Stream Enhancement PROPOSED 51 Impact: 395 LF (Temp) for Bottomless Culvert INSTALLED (portion in red) W2 Impact: 0.05 ac (Isolated) (BY NCDOT) Portion of Wetland Impact in NCDOT ROW Authorized Under NCDOT NWP EASTPORT SUBDIVISION (R-10) •I I I I In I\ • v�McKIM&CREED 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048 , Fax: (910)251-8282 NC LIC. No. F-1222 www.mckimcreed.com Land Management Group, Inc. 3805 Wrightsville Ave. Wilmington, NC 28403 Phone: (910) 452-0001 J 55 COURTYARD EXISTING DRIVEWAY PIPE TO BE REMOVED 8 IA/ CENTREPOINTE, LLC 1131-B MILITARY CUTOFF ROAD WILMINGTON, NC 28405 J LEGEND INSTALLED W1 Impact: 0.05 ac (Isolated) POOL APARTMENT emHMNGT s RETAIL NCDOT FUTURE PERMANENT DRAINAGE EASEMENT RESTAURANT OR RETAIL BUILDING H r�l RESTAURANT N" \SBOuR,HDE,Tpg TEMPORARY STREAM/WETLANDS IMPACTS ISOLATED WETLANDS IMPACTS PERMANENT WETLAND IMPACTS STREAM RESTORATION MEASURES MAYFAIRE TOWN CENTER (MX) PROPOSED CONNECTION TO PROPOSED 02 Impact: 0.006 ac (Temp) for Bottomless Culvert MAYFAIR RET IL NCDOT FUTURE RI PERMANENT DRAINAGE EASEMENT CenterPoint CITY OF WILMINGTON NEW HANOVER COUNTY NORTH CAROLINA WETLAND IMPACT OVERALL MAP J PROJECT USE DATA CenterPoint PROPOSED USE MIXED USE DEVELOPMENT RESTAURANTS AND RETAIL 121,100 SF OFFICE 102,300 SF RESIDENTIAL 351 UNITS HOTEL 220-KEYS PARKING SUMMARY SPACES PROVIDED SURFACE PARKING & ON STREET SPACES (NON-ADA) 449 DECK 'A' 494 DECK'B' 420 BICYCLE 450 ADA 17 TOTAL 1,830 SITE DATA TABLE PARCEL ADDRESS 1531 & 1541 EASTWOOD ROAD BUILDING SETBACKS REQUIRED PROPOSED FRONT 5-10 FT 5-10 FT REAR 5 FT 5 FT SIDE (INTERIOR) 5 FT 5 FT TAX PARCEL IDENTIFICATION NUMBER: R05600-001-001-000 R05600-001-004-000 ZONING: UMX (CD) TOTAL BUILT UPON AREA (BUA) 14.05 ACRES (612,092 SF) TOTAL BUA (%) 71.85 % STREAM IMPACTS TEMPORARY STREAM IMPACTS (CULVERT INSTALLATION) 395 LF STREAM RESTORATION / ENHANCEMENT 44 LF DATE: MCE PROJ. $ DRAWN DESIGNED CHECKED 12/142022 1421-0012 EEM/RMS EEM/RMS RMC PROJ. MGR. KCBE SCALE HORIZONTAL AS NOTED WA NULIBERN G-002 NAME NUMBER 2 sTATus: WETLANDS PLAN REVEM NOT FOR CONSTRUCTION 12'22 j GRAPHIC SCALE 300 I - GENERAL 1.0 STANDARDS AND DEFINITIONS C:IUSERS\MIKE JAMBOR\ONEDRIVE- THE OUIKRETE COMPANIES \NC ESTIMATES/CENTER POINTE\728138-010-PROP DWG 11/22/2022 11:04 AM 1 1 STANDARDS - ALL STANDARDS REFER TO LATEST EDITION UNLESS OTHERWISE NOTED. 1.1.1 ASTM B-864 "STANDARD SPECIFICATION FOR CORRUGATED ALUMINUM BOX CULVERTS" (AASHTO DESIGNATION M-219) 1 .1 2 AASHTO STANDARD SPECIFICATION FOR HIGHWAY BRIDGES - SECTION 12 DIVISION I - DESIGN. 1.1.3 AASHTO STANDARD SPECIFICATION FOR HIGHWAY BRIDGES - SECTION 26DIVISION II - CONSTRUCTION. 1.2 DEFINITIONS 1.2 1 OWNER - IN THESE SPECIFICATIONS THE WORD "OWNER" SHALL MEAN OWNER 1 2.2 ENGINEER - IN THESE SPECIFICATIONS THE WORD "ENGINEER" SHALL MEAN THE ENGINEER OF RECORD OR OWNER'S DESIGNATED ENGINEERING REPRESENTATIVE 1.2.3 MANUFACTURER - IN THESE SPECIFICATIONS THE WORD "MANUFACTURER" SHALL MEAN CONTECH ENGINEERED SOLUTIONS, LLC 800-338-1122. 1 2.4 CONTRACTOR - IN THESE SPECIFICATIONS THE WORD "CONTRACTOR" SHALL MEAN THE FIRM OR CORPORATION UNDERTAKING THE EXECUTION OF ANY INSTALLATION WORK UNDER THE TERMS OF THESE SPECIFICATIONS 1 2.5 APPROVED - IN THESE SPECIFICATIONS THE WORD "APPROVED" SHALL REFER TO THE APPROVAL OF THE ENGINEER OR HIS DESIGNATED REPRESENTATIVE. 1.2.6 AS DIRECTED - IN THESE SPECIFICATIONS THE WORDS "AS DIRECTED" SHALL REFER TO THE DIRECTIONS TO THE CONTRACTOR FROM THE OWNER OR HIS DESIGNATED REPRESENTATIVE. 2.0 GENERAL CONDITIONS 2 1 THE CONTRACTOR SHALL FURNISH ALL LABOR, MATERIAL AND EQUIPMENT AND PERFORM ALL WORK AND SERVICES EXCEPT THOSE SET OUT AND FURNISHED BY THE OWNER, NECESSARY TO COMPLETE IN A SATISFACTORY MANNER THE SITE PREPARATION, EXCAVATION, FILLING, COMPACTION, GRADING AS SHOWN ON THE PLANS AND AS DESCRIBED THEREIN. THIS WORK SHALL CONSIST OF ALL MOBILIZATION CLEARING AND GRADING, GRUBBING, STRIPPING, REMOVAL OF EXISTING MATERIAL UNLESS OTHERWISE STATED, PREPARATION OF THE LAND TO BE FILLED, FILLING OF THE LAND, SPREADING AND COMPACTION OF THE FILL, AND ALL SUBSIDIARY WORK NECESSARY TO COMPLETE THE GRADING OF THE CUT AND FILL AREAS TO CONFORM WITH THE LINES, GRADES, SLOPES, AND SPECIFICATIONS. THIS WORK IS TO BE ACCOMPLISHED UNDER THE OBSERVATION OF THE OWNER OR HIS DESIGNATED REPRESENTATIVE 2.2 PRIOR TO BIDDING THE WORK, THE CONTRACTOR SHALL EXAMINE, INVESTIGATE AND INSPECT THE CONSTRUCTION SITE AS TO THE NATURE AND LOCATION OF THE WORK, AND THE GENERAL AND LOCAL CONDITIONS AT THE CONSTRUCTION SITE, INCLUDING WITHOUT LIMITATION, THE CHARACTER OF SURFACE OR SUBSURFACE CONDITIONS AND OBSTACLES TO BE ENCOUNTERED ON AND AROUND THE CONSTRUCTION SITE AND SHALL MAKE SUCH ADDITIONAL INVESTIGATION AS HE MAY DEEM NECESSARY FOR THE PLANNING AND PROPER EXECUTION OF THE WORK. IF CONDITIONS OTHER THAN THOSE INDICATED ARE DISCOVERED BY THE CONTRACTOR, THE OWNER SHALL BE NOTIFIED IMMEDIATELY THE MATERIAL WHICH THE CONTRACTOR BELIEVES TO BE A CHANGED CONDITION SHALL NOT BE DISTURBED SO THAT THE OWNER CAN INVESTIGATE THE CONDITION 2.3 THE CONSTRUCTION SHALL BE PERFORMED UNDER THE DIRECTION OF THE ENGINEER. 2.4 ALL ASPECTS OF THE STRUCTURE DESIGN AND SITE LAYOUT INCLUDING FOUNDATIONS, BACKFILL, END TREATMENTS AND NECESSARY SCOUR CONSIDERATION SHALL BE PERFORMED BY THE ENGINEER. ANY INSTALLATION GUIDANCE PROVIDED HEREIN SHALL BE ENDORSED BY THE ENGINEER OR SUPERSEDED BY THE ENGINEER'S PLANS AND SPECIFICATIONS. 394'-6" (OUT TO OUT) BRIDGE PLAN Al or— B McKIM & CREED WILMINGTON NC �4 No REVIEW ACTION Exoeplion Taken 02 Make Corrections Noted 0 3 Amend and Resubmit 04 Rejected - See Remarks p5 NoAction • Copy maintained fixwrdpurposes only REVIEWED BY • DATE, REVIEW IS FOR GENERALARRANGEMENTONLYAND DOES NOT RELEASE THE CONTRACTOR FROM THE RESPOVSIBIUTY FOR OUANTtTIES, DIMENSIONS, PERFORMANCE OR OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS •, elgn ata eformabo.l,pf.h en pne•avrnp„ p^ca ec ca 111 llF p•aleelo'tdya+ engieae+alvl Cdlel+acle�uF Gomm.,y€eguieeleit iw.lwcna. LLC TCw9e4X1 kelllier ,Din draxep, na enarynl fbl°eel, may be rla-H ,ap•ed.esl t' rodilied in any a ilhoul the prior wnpin conlroa i.i [o1e.N+ Failure to comply is done al Ine 41e, own rrye yr { Cooled, expressly disclaims any liahllily or reepniwbilily for ix,01 II eltteti,IMnNea lraleln,nlbe y,pp0114Iniamkeln upon r.eicli MAe Cto4r.g o4meed Yid murk fold eperkr era a ae p1a w'01,1 p owesa n 14011Jlwvpan[eua musl be rope0e e Yi Crxemh m,nilalely fa re.avaLN o ei"des,l r i Kset$Sno liability for designs based on missing Inc mplele 0' l t file n'ailiWgn xepi.E bj peina MARK DATE REVISION DESCRIPTION BY C=:: NTEC H' ENGINEERED SOLUTIONS LLC www.ContechES.can 9025 Centre Pointe Dr , Suite 400, West Chester, OH 45069 600-338.1122 513-645-7000 513-645-7993 FAX MI' STRUCTURAL PLATE PROPOSAL 1 DRAWING ALBC #23 - 131-711 X 41-7" CENTER POINTE WILMINGTON, NC PROJECT No 728138 SEG No 010 DATE 11/912022 DESIGNED: DRAWN: CHECKED APPROVED SHEET NO ' 1 OF 6 II - ALUMINUM BOX CULVERT 22/2022 11:04 AM C:\USERS\MIKE.JAMBOR\ONEDRIVE-THE QU IKRETE COMPANIES\NC ESTIMATES/CENTER POINTE\728138-010-PROP.DWG 1.0 GENERAL 1.1 Manufacturer shall fabricate the aluminum box culvert as shown on the plans. Fabrication shall conform to the requirements of ASTM B-864 and shall consist of plates, ribs, and appurtenant items. Plate thickness, rib spacing, end treatment and type of invert and foundation shall be as indicated on the plans. All manufacturing processes including corrugating, punching, curving and required galvanizing shall be performed within the United States of America. 1.2 The contractor shall verify all field dimensions and conditions prior to ordering materials. 2.0 DIMENSIONS Span: 13'-7" Rise: 4'-7" 2.1 The proposed structure shall be an ALUMINUM BOX CULVERT with the following dimensions: 2.2 All plan dimensions on the contract drawings are measured in a true horizontal plan unless otherwise noted. in N 13' 7" SPAN T/GRADE CROSS SECTION A -A Approximate Area: 55 sq. ft. used, 55 sqft. total NOTES •MEASUREMENTS ARE TO THE INSIDE CRESTS OF THE CORRUGATION •DIMENSIONS ARE SUBJECT TO MANUFACTURING TOLERANCES FOUNDATION DESIGN TO BE DETERMINED The design and Information shown on this drawing Is provided as a e to the project owner, engineer and contractor by Conv Contech Solutions LLC ("Contech") Neither this' drawing, nor any part thereof, may be used, reproduced or modified In any mannerwithout the pdorwdtten consent of Contech. Failure to comply is done at the usefs own risk and Contech expressly dlsclalms any liability or responsibility for such use If discrepancies between the supplied Information upon which th e g b d d t if ld dt t d ts site work progresses, these discrepancies must be reported o Contech immediately forre-evaluatIonof thedesign Contech accepts no liability fordesigns based on missing, Incomplete or Inaccurate information supplied by others. MARK DATE REVISION DESCRIPTION BY C-H® ENGINEERED SOLUTIONS LLC www.ContechES.com 9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069 800-338-1122 513-645-7000 513-645-7993 FAX 110411 ►�i\ I &WI STRUCTURAL PLATE PROPOSAL DRAWNG ALBC #23 - 13'-7" X 4'-7" CENTER POINTE WILMINGTON, NC PROJECT No.: 728138 SEQ. No.: 010 DATE: 11/9/2022 DESIGNED: DRAWN: CHECKED: APPROVED: SHEET NO.: 2 OF 6 22/2022 11:04 AM C:\USERS\MIKE.JAMBOR\ONEDRIVE-THE QU IKRETE COMPANIES\NC ESTIMATES/CENTER POINTE\728138-010-PROP.DWG L TYPICAL END ELEVATION FOUNDATION DESIGN TO BE DETERMINED The design and Information shown on this drawing Is provided CvEbe to the project owner, engineer and contractor by oftechngineered Solutions LLC ("Conteoh"). Neither this. mowing, nor any part thereof, may be used, reproduced or dified In any mannerwirhout the prior written consent of Contech. Failure to comply is done at the user's own rsk and Conteoh expressly disclaims any liability or responsibility for such use If disorepanoles between the supplied Information upon which th d g b d d t If' ld dt t• d ts site work progresses, these discrepancies must be reported o Contech immediately forraevaluation of the design Conteoh accepts no liability for designs based on missing, Incomplete or Inaccurate Information supplied by others. MARK DATE REVISION DESCRIPTION BY C@H® ENGINEERED SOLUTIONS LLC www.ContechES.com 9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069 800-338-1122 513-645-7000 513-645-7993 FAX j in -To i &len STRUCTURAL PLATE PROPOSAL DRAWING ALBC #23 - 13'-7" X 4'-7" CENTER POINTE WILMINGTON, NC PROJECT No.: 728138 SEQ. No.: 010 DATE: 11/9/2022 DESIGNED: DRAWN: CHECKED: APPROVED: SHEET NO.: 3 OF 6 C:\USERS\MIKE.JAMBOR\ONEDRIVE-THE QU IKRETE COMPANIES\NC ESTIMATES\CENTER POINTE\728138-010-PROP.DWG W 0) L7L7 394'-6" (OUT TO OUT) PROFILE SECTION B-B The design and Information shown on this drawing Is provided CovEbe to the project owner, engineer and contractor by ftechnglneered Solutions LLC ("Conteoh"). Neither this. drawing, nor any part thereof, may be used, reproduced or modified in any mannerwithout the prior written consent of Contech. Failure to comply is done at the user's own rsk and Contech expressly disclaims any liability or responsibility for such use If discrepancies between the supplied Information upon which th d g b d d t If' ld dt t• d ts site work progresses, these discrepancies must be reported o Contech immediately forraevaluation of the design Contech accepts no liability for designs based on missing, Incomplete or Inaccurate Information supplied by others. MARK DATE REVISION DESCRIPTION BY C@H® ENGINEERED SOLUTIONS LLC www.ContechES.com 9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069 800-338-1122 513-645-7000 513-645-7993 FAX j in -To i &len STRUCTURAL PLATE PROPOSAL DRAWING ALBC #23 - 13'-7" X 4'-7" CENTER POINTE WILMINGTON, NC PROJECT No.: 728138 SEQ. No.: 010 DATE: 11/9/2022 DESIGNED: DRAWN: CHECKED: APPROVED: SHEET NO.: 4 OF 6 MINIMUM LIMITS OF COMPACTED SELECT GRANULAR STRUCTURAL BACKFILL COMPACTED NORMAL ROAD FILL MIN. 3ft. NORMAL ROADFILL ABOVE MIN. COVER LEVEL MIN. 3ft. MINIMUM LIMITS OF COMPACTED NORMAL ROAD FILL NATURAL UNDISTURBED EMBANKMENT �rI ALBC SHELL REINFORCED CONCRETE FOOTING L 4_ SECTION CRITICAL BACKFILL ZONE, PRESSURE ON SOIL GREATEST HERE. INITIAL LIFTS OVER CROWN OF STRUCTURE AS INDICATED BY SHADED AREA TO BE COMPACTED TO REQUIRED DENSITY WITH HAND OPERATED EQUIPMENT OR WITH SMALL TRACTOR (D-4 OR SMALLER) DRAWN EQUIPMENT. SELECT GRANULAR STRUCTURAL BACKFILL LIMITS. NOTES: 1. ALL SELECT GRANULAR BACKFILL TO BE PLACED IN A BALANCED FASHION IN THIN LIFTS (6"-8" LOOSE TYPICALLY) AND COMPACTED TO 90 PERCENT DENSITY PER AASHTO T-180. 2. COMPLETE AND REGULAR MONITORING OF THE ALUMINUM BOX CULVERT SHAPE IS NECESSARY DURING ALL BACKFILLING OF THE STRUCTURE. 3. PREVENT EXCESSIVE DISTORTION OF SHAPE AS NECESSARY BY VARYING COMPACTION METHODS AND EQUIPMENT. 4. TRENCH WIDTH OTHER THAN 3ft. SHALL BE BY DIRECTION OF THE ENGINEER OF RECORD. 5. "H" = STRUCTURE RISE + MAXIMUM ALLOWABLE COVER FOR SHAPE DESIGN SPECIFIED. z O ADDITIONAL BACKFILL NOTES: SATISFACTORY BACKFILL MATERIAL, PROPER PLACEMENT, AND COMPACTION ARE KEY FACTORS IN OBTAINING MAXIMUM STRENGTH AND STABILITY. THE BACKFILL MATERIAL SHOULD BE FREE OF ROCKS, FROZEN LUMPS, AND FOREIGN MATERIAL THAT COULD CAUSE HARD SPOTS OR DECOMPOSE TO CREATE VOIDS. BACKFILL MATERIAL SHOULD BE WELL GRADED GRANULAR MATERIAL THAT MEETS THE REQUIREMENTS OF AASHTO M-145 FOR SOIL CLASSIFICATIONS A-1, A-2, A-3. BACKFILL MUST BE REPLACED SYMMETRICALLY ON EACH SIDE OF THE STRUCTURE IN 6" LOOSE LIFTS. EACH LIFT IS TO BE COMPACTED TO A MINIMUM OF 90% DENSITY PER AASHTO T-180. A HIGH PERCENTAGE OF SILT OR FINE SAND IN THE NATIVE SOILS SUGGESTS THE NEED FOR A WELL GRADED GRANULAR BACKFILL MATERIAL TO PREVENT SOIL MIGRATION. DURING BACKFILL, ONLY SMALL TRACKED VEHICLES (D-4 OR SMALLER) SHOULD BE NEAR THE STRUCTURE AS FILL PROGRESSES ABOVE THE CROWN AND TO THE FINISHED GRADE. The design and Information shown on this drawing Is provided be to the project owner, engineer and contractor by Contech Engineered Solutions LLC ("Contech"). Neither this drawing, nor any part thereof, may be used, reproduced or modified in any mannerwithout the prior written consent of Contech. Failure to comply is done at the user's own rsk and Contech expressly disclaims any Iability or responsibility for such use If discrepancies between the supplied mformebon upon which and gb d d t1fld dt td [s site work progresses, these discrepancies must be reported o Contech immediately for re-evaluation of the design Contech accepts no liability for designs based on missing, -Incomplete or Inaccurate Information supplied by others. CONTECH® ENGINEERED SOLUTIONS LLC www.ContechES.com 9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069 w uTOwu° jI10,\ i & in STRUCTURAL PLATE PROPOSAL DRAWNG ALBC #23 - 13'-7" X 4'-7" CENTER POINTE WILMINGTON, NC PROJECT No. 728138 SEQ. No. 010 DATE 11/9/2022 DESIGNED: DRAWN CHECKED APPROVED SHEET NO.: MARK DATE REVISION DESCRIPTION BY 800-338-1122 513-645-7000 513-645-7993 FAX 5 OF 6 SPECIFICATIONS FOR MANUFACTURE AND INSTALLATION OF CONTECH® ALUMINUM BOX CULVERT #1-87 C:\USERS\MIKE.JAMBOR\ONEDRIVE-THE QU IKRETE COMPANIES\NC ESTIMATES\CENTER POINTE\728138-010-PROP.DWG I - GENERAL 1.0 STANDARDS AND DEFINITIONS 1.1 STANDARDS - All standards refer to latest edition unless otherwise noted. 1.1.1 ASTM B-864 "Standard Specification for Corrugated Aluminum Box Culverts" (AASHTO Designation M-219). 1.1.2 AASHTO Standard Specification for Highway Bridges - Section 12 Division I - Design. 1.1.3 AASHTO Standard Specification for Highway Bridges - Section 26 Division II - Construction. 1.2 DEFINITIONS 1.2.1 Owner - In these specifications the word "Owner shall mean OWNER. 1.2.2 Engineer- In these specifications the word "Engineer" shall mean the Engineer of Record or Owners designated engineering representative. 1.2.3 Manufacturer - In these specifications the word "Manufacturer' shall mean CONTECH ENGINEERED SOLUTIONS 800-338-1122 REP. 1.2.4 Contractor- In these specifications the word "Contractor" shall mean the firm or corporation undertaking the execution of any installation work under the terms of these specifications. 1.2.5 Approved - In these specifications the word "approved' shall refer to the approval of the Engineer or his designated representative. 1.2.6 As Directed - In these specifications the words "as directed" shall refer to the directions to the Contractor from the Owner or his designated representative. 2.0 GENERAL CONDITIONS 2.1 The Contractor shall furnish all labor, material and equipment and perform all work and services except those set out and furnished by the Owner, necessary to complete in a satisfactory manner the site preparation, excavation, filling, compaction, grading as shown on the plans and as described therein. This work shall consist of all mobilization clearing and grading, grubbing, stripping, removal of existing material unless otherwise stated, preparation of the land to be filled, filling of the land, spreading and compaction of the fill, and all subsidiary work necessary to complete the grading of the cut and fill areas to conform with the lines, grades, slopes, and specifications. This work is to be accomplished under the observation of the Owner or his designated representative. 2.2 Prior to bidding the work, the Contractor shall examine, investigate and inspect the construction site as to the nature and location of the work, and the general and local conditions at the construction site, including without limitation, the character of surface or subsurface conditions and obstacles to be encountered on and around the construction site and shall make such additional investigation as he may deem necessary for the planning and proper execution of the work. If conditions other than those indicated are discovered by the Contractor, the Owner shall be notified immediately. The material which the Contractor believes to be a changed condition shall not be disturbed so that the owner can investigate the condition. 2.3 The construction shall be performed under the direction of the Engineer. 2.4 All aspects of the structure design and site layout including foundations, backfill, end treatments and necessary scour consideration shall be performed by the Engineer. Any installation guidance provided herein shall be endorsed by the Engineer or superseded by the Engineers plans and specifications. 1.0 GENERAL 1.1 II -ALUMINUM BOX CULVERT Manufacturer shall fabricate the aluminum box culvert as shown on the plans. Fabrication shall conform to the requirements of ASTM B-864 and shall consist of plates, ribs, and appurtenant items. Plate thickness, rib spacing, end treatment and type of invert and foundation shall be as indicated on the plans. All manufacturing processes including corrugating, punching, curving and required galvanizing shall be performed within the United States of America. 1.2 The contractor shall verify all field dimensions and conditions prior to ordering materials. 2.0 DIMENSIONS 2.1 The proposed structure shall be an ALUMINUM BOX CULVERT with the following dimensions: Span: 13'-7" Rise: 4'-7" 2.2 All plan dimensions on the contract drawings are measured in a true horizontal plan unless otherwise noted. 3.0 ASSEMBLY AND INSTALLATION 3.1 Bolts and nuts shall conform to the requirements of ASTM A-307 or ASTM A-449. The box culvert shall be assembled in accordance with the plate layout drawings provided by the manufacturer and per the manufacturer's recommendations. Bolts shall be tightened using an applied torque of between 100 and 150 ft.-Ibs. 3.2 The box culvert shall be installed in accordance with the plans and specifications, the manufacturer's recommendations, and AASHTO Standard Specification for Highway Bridges - Section 26 Division II - Construction. 3.3 Trench excavation shall be made in embankment material that is structurally adequate. The trench width shall be shown on the plans. Poor quality in situ embankment material must be removed and replaced with suitable backfill as directed by the Engineer. 3.4 Bedding preparation is critical to both structure performance and service life. The bed should be constructed to uniform line and grade to avoid distortions that may create undesirable stresses in the structure and/or rapid deterioration of the roadway. The bed should be free of rock formations, protruding stones, frozen lumps, roots, and other foreign matter that may cause unequal settlement. 3.5 Bedding shall provide a minimum of 4,000 psf bearing capacity. Foundation details for bearing capacity less than 4,000 psf shall be approved by the Engineer. 3.6 The structure shall be assembled in accordance with the Manufacturer's instructions. All plates shall be unloading and handled with reasonable care. Plates shall not be rolled or dragged over gravel rock and shall be prevented from striking rock or other hard objects during placement in trench or on bedding. When installed on a full invert or on flexible footing pads, assembly of the invert or footing pads shall start at the downstream end. Circumferential seam laps shall shingle over the top of the downstream plates as assembly progresses upstream. Whether the box culvert is installed on a concrete footing, full metal invert, or flexible footing pad, assembly of the structure shell shall start at the upstream end. Downstream rings of plates shall be assembled outside of the upstream rings. (Circumferential seams are shingled downstream when viewed from the inside of the shell). 3.7 The structure shall be backfilled using clean well graded granular material that meets the requirements for soil classifications A-1, A-2-4, A-2-5 or A-3 modified to be more select than AASHTO M-145. See the information at the right of this sheet. Backfill must be placed symmetrically on each side of the structure in 6 to 8 inch loose lifts. Each lift shall be compacted to a minimum of 90 percent density per AASHTO T-180 3.8 Construction loads that exceed highway load limits are not allowed to cross the structure without approval from the Engineer. Normal highway traffic is not allowed to cross the structure until the structure has been backfilled and paved. If the road is unpaved, cover allowance to accommodate rutting shall be as directed by the Engineer. STRUCTURAL PLATE BACKFILL GROUP CLASSIFICATION, REFERENCE AASHTO M-145 GROUP CLASSIFICATION I A-1-a I A-1-b I ---- I --'- I ---- Sieve Analysis Percent Passing No. 10 (2.000 min) 50 max. ---- ---- ---- ---- No. 40 (0.425 min) 30 max. 50 max. ---- ---- ---- No. 200 (0.075 min) 15 max. 25 max. ---- ---- ---- Atterberg Limits for Fraction Passin No. 40 (0.425 min) Liquid. Limits __ -_- -- ---- Plasticity Index 6 max. 6 max. — ---- ---- Usual Materials Stone F agment, Gravel and Sand _ ____ ---- NOTE: Atterberg Limits are modified to provide material that are primarily granula The design and Information shown on this drawing Is provided be to the project owner, engineer and contractor by Contech vEngineered Solutions LLC ("Contech"). Neither this. m�owing, nor any part thereof, may be used, reproduced or odified In any mannerwithout the prior written consent of Contech. Failure to comply is done at the user's own rsk and Contech expressly disclaims any Iiability or responsibility for such use f discrepancies between the supplied Information upon which th d g b d d f I f' ld dt t d ts site work progresses, these discrepancies must be reported o Contech immediately forre.evaluation of the design Contech accepts no liability for designs based on missing, Incomplete or inaccurate Information supplied by others. MARK DATE REVISION DESCRIPTION BY C@H® ENGINEERED SOLUTIONS LLC www.ContechES.com 9025 Centre Pointe Dr., Suite 400, West Chester, OH 45069 800-338-1122 513-645-7000 513-645-7993 FAX STRUCTURAL PLATE PROPOSAL DRAWNG ALBC #23 - 13'-7" X 4'-7" CENTER POINTE WILMINGTON, NC PROJECT No.: 728138 SEQ. No.: 010 DATE: 11/9/2022 DESIGNED: DRAWN: CHECKED: APPROVED: SHEET NO.: 6 OF 6 4.0 WETLAND INFORMATION Previous JD Existing Conditions Map & Photos Data Forms Signed Property Access Form U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01860 County: New Hanover U.S.G.S. Quad: NC- Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Agent: H. David Swain Gold Leaf Holdings, LLC 1131B Military Cutoff Road Wilmington, North Carolina 28405 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Size (acres) Approximately 23.1 Acres Nearest Town Wilmington Nearest Waterway Bradley Creek River Basin White Oak USGS HUC 03020302 Coordinates Latitude: 34.2314 N Longitude: -77.8312 W Location description: The review area is located at 1531 and 1541 Eastwood Road (Parcels R05600-001-004-000. R05600-001-001-001 and R05600-001-001-000), in the City of Wilmington, New Hanover County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands, on the above described property, as depicted on the attached exhibit, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344). This preliminary jurisdictional determination may be used in the permit evaluation process, including determining compensatory mitigation. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction B. Approved Determination _ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. 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. X There are waters of the U.S. including wetlands on the above described project area 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 strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. Page 1 of 2 X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat identified below. 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 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. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Kyle Dahl at 910-251-4469 or KvIe.J.Dah lna,usace.armv.mil. C. Basis For Determination: Please see the attached Approved Jurisdictional Determination Form. The enclosed survey titled "Wetlands Plat for Swain and Associates; Property of Wetherill Family Trust LLC." dated May 5, 2017, accurately depicts the extent of jurisdictional waters subject to jurisdictional under Section 404 of the Clean Water Act. D. Remarks: E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by 11/6/2017 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Date: September 6, 2017 Expiration Date: September 6, 2022 0111111111111110 Applicant: NOTIFICATION OF ADv1INISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL H. David Swain, Gold Leaf File Number: SAW-2017-01860 Date: September 6, 2017 Holdings, LLC Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A D PROFFERED PERMIT (Standard Permit or Letter of permission) _ B El PERMIT DENIAL c Ej APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identities your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.tnil/Missions/CivilWarks/RegulatorvProgratnandPermits.aspx or 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. I . 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 appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: Kyle Dahl (910) 251-4469 Kyle.J.DahI@usace.army.mil If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Kyle Dahl, 69 Darlington Ave., Wilmington, NC 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 4 '4 • Boundaries are approximate and not meant to be absolute. Map Source: 2020 NC One Map 44' PS4 AP -WET PS5 4011fri) DP -UP PS3 PS1 PS2 PS6 PS8 t.,...,, . . . 40" "mit4 4, lat . e PS9-7, • ' --'.- -,.. It',I.V., ' • PS10 ' • ' Centerpoint New Hanover County, NC DAVEY. Resource Group December 2022 DRGNCW22.557 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Existing Conditions Map • LEGEND Project Area NCDOT ROW Wetlands - Stream Jurisdictional Ditch Culvert Photo Station N 0 100 200 400 ft Scale applies to 11X17" print. PS 1. Authorized wetland fill - looking north INSTALLED PS2. AuUlohzedvveUandfiU-|NSTALLED PS 3. Authorized Open Waters Fill - INSTALLED PS 4. Wetland Boundary Looking North. Note old flag on pine PS 5. View of Stream (no wetlands in this section). PS 6. Temporary Stream Crossing. PS 7. Temporary Stream Crossing (NCDOT ROW) PS 8. Open Waters Looking West. PS 9. Authorized Wetland Fill Looking Southeast. INSTALLED PS 10. Isolated Wetlands Filled On Site U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Centerpoint Applicant/Owner: Centerpoint City/County: Wilmington/New Hanover Sampling Date: 12/1/22 Investigator(s): Paul Farley-DRG Landform (hillside, terrace, etc.): Toe of slope Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.231238 Soil Map Unit Name: Woodington Section, Township, Range: State: NC Sampling Point: DP1- Up Local relief (concave, convex, none): Convex Slope (%): 0-1 Long: -77.833412 Datum: NAD 83 NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No _ Hydric Soil Present? Yes No X Wetland Hydrology Present? Yes No X Is the Sampled Area within a Wetland? Yes x No Remarks: According to Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network, drier than normal conditions were present at the time of the field work. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Concave Surface (B8) (C2) Aerial Imagery (C9) (D2) (LRR T, U) _ Water (A1) Fauna (B13) Vegetated _Surface _Aquatic _Sparsely High Water Table (A2) Marl Deposits (B15) (LRR U) Drainage Patterns (B10) _ _ _ Saturation (A3) Hydrogen Sulfide Odor (C1) Moss Trim Lines (B16) _ _ _ Water Marks (B1) Oxidized Rhizospheres on Living Roots (C3) Dry -Season Water Table _ _ _ Sediment Deposits (B2) Presence of Reduced Iron (C4) Crayfish Burrows (C8) _ _ _ Drift Deposits (B3) Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on _ _ _ Mat or Crust (B4) Muck Surface (C7) Position _Algal _Thin _Geomorphic Iron Deposits (B5) Other (Explain in Remarks) Shallow Aquitard (D3) _ _ _ Inundation Visible on Aerial Imagery (B7) FAC-Neutral Test (D5) _ _ Water -Stained Leaves (B9) Sphagnum Moss (D8) Field Observations: Surface Water Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1- Up Absolute Dominant Indicator Tree Stratum (Plot size: 30' Radius ) % Cover Species? Status 1. Pinus taeda 60 Yes FAC 2. Liquidambar styraciflua 15 Yes FAC 3. 4. 5. 6. 7. 8. 75 =Total Cover 50% of total cover: 38 20% of total cover: 15 Sapling/Shrub Stratum (Plot size: 30' Radius ) 1. Symplocos tinctoria 15 Yes FAC 2. Magnolia grandiflora 15 Yes FAC 3. Liquidambar styraciflua 20 Yes FAC 4. 5. 6. 7. 8. 50 =Total Cover 50% of total cover: 25 20% of total cover: 10 Herb Stratum (Plot size: 30' Radius 1. Magnolia grandiflora 2. Symplocos tinctoria 3. Morella cerifera 4. Arundinaria tecta 5. 6. 7. 8. 9. 10. 11. 12. 4 Yes FAC 10 Yes FAC 2 2 No FAC No FACW 18 =Total Cover 50% of total cover: 9 20% of total cover: 4 Woody Vine Stratum (Plot size: 30' Radius 1. Gelsemium sempervirens 2. 3. 4. 5. 5 Yes FAC 5 =Total Cover 50% of total cover: 3 20% of total cover: 1 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 8 (A) Total Number of Dominant Species Across All Strata: 8 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (NB) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) Prevalence Index = B/A = (B) Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.01 Problematic Hydrophytic Vegetation (Explain) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (If observed, list morphological adaptations below.) ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 SOIL Sampling Point: DP1- Up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Typel Loc2 Texture 0-12 10YR 3/2 100 12-20 10Y R 3/3 100 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Sandy Sandy Remarks 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) _ Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) _Coast Prairie Redox (A16) (MLRA 150A) Sandy Mucky Mineral (S1) (LRR O, S) Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) Stripped Matrix (S6) _ Dark Surface (S7) (LRR P, S, T, U) Polyvalue Below Surface (S8) (LRR S, T, U) unless otherwise noted.) Thin Dark Surface (S9) (LRR S, T, U) Barrier Islands 1 cm Muck (S12) (MLRA 153B, 153D) Loamy Mucky Mineral (F1) (LRR O) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Marl (F10) (LRR U) Depleted Ochric (F11) (MLRA 151) Iron -Manganese Masses (F12) (LRR O, P, T) Umbric Surface (F13) (LRR P, T, U) Delta Ochric (F17) (MLRA 151) Reduced Vertic (F18) (MLRA 150A, 150B) Piedmont Floodplain Soils (F19) (MLRA 149A) Anomalous Bright Floodplain Soils (F20) (MLRA 149A, 153C, 153D) Very Shallow Dark Surface (F22) (MLRA 138, 152A in FL, 154) Indicators for Problematic Hydric Soils3: _ 1 cm Muck (A9) (LRR 0) 2 cm Muck (A10) (LRR S) Coast Prairie Redox (A16) (outside MLRA 150A) Reduced Vertic (F18) (outside MLRA 150A, 150B) Piedmont Floodplain Soils (F19) (LRR P, T) Anomalous Bright Floodplain Soils (F20) (MLRA 153B) Red Parent Material (F21) Very Shallow Dark Surface (F22) (outside MLRA 138, 152A in FL, 154) _ Barrier Islands Low Chroma Matrix (TS7) (MLRA 153B, 153D) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Centerpoint Applicant/Owner: Centerpoint City/County: Wilmington/New Hanover Sampling Date: 12/1/22 Investigator(s): Paul Farley-DRG Landform (hillside, terrace, etc.): floodplain Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.231402 Soil Map Unit Name: Woodington Section, Township, Range: State: NC Sampling Point: DP1- Wet Local relief (concave, convex, none): Concave Slope (%): 0-1 Long: -77.833388 Datum: NAD 83 NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes X No Yes X No Yes X No Is the Sampled Area within a Wetland? Yes x No Remarks: According to Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network, drier than normal conditions were present at the time of the field work. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) T, U) _ Water (A1) Fauna (B13) Vegetated Concave _Surface _Aquatic _Sparsely High Water Table (A2) Marl Deposits (B15) (LRR U) X Drainage Patterns (B10) _ _ Saturation (A3) Hydrogen Sulfide Odor (C1) Moss Trim Lines (B16) _ _ _ Water Marks (B1) Oxidized Rhizospheres on Living Roots (C3) Dry -Season Water Table _ _ _ Sediment Deposits (B2) Presence of Reduced Iron (C4) Crayfish Burrows (C8) _ _ _ Drift Deposits (B3) Recent Iron Reduction in Tilled Soils (C6) Saturation Visible on Aerial _ _ _ Mat or Crust (B4) Muck Surface (C7) x Geomorphic Position (D2) _Algal _Thin Iron Deposits (B5) Other (Explain in Remarks) Shallow Aquitard (D3) _ _ _ Inundation Visible on Aerial Imagery (B7) FAC-Neutral Test (D5) _ _ Water -Stained Leaves (B9) Sphagnum Moss (D8) (LRR Field Observations: Surface Water Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes X No Water Table Present? Yes No X Depth (inches): Saturation Present? Yes x No Depth (inches): 12 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1- Wet Absolute Dominant Indicator Tree Stratum (Plot size: 30' Radius ) % Cover Species? Status 1. Pinus taeda 45 Yes FAC 2. Liquidambar styraciflua 10 No FAC 3. Morella cerifera 10 No FAC 4. 5. 6. 7. 8. 65 =Total Cover 50% of total cover: 33 20% of total cover: 13 Sapling/Shrub Stratum (Plot size: 30' Radius ) 1. Morella cerifera 20 Yes FAC 2. Ilex opaca 3 No FAC 3. Gordonia lasianthus 5 No FACW 4. 5. 6. 7. 8. 28 =Total Cover 50% of total cover: 14 20% of total cover: 6 Herb Stratum (Plot size: 30' Radius 1. Ligustrum sinense 2. Lyonia lucida 3. Osmunda spectabilis 4. 5. 6. 7. 8. 9. 10. 11. 12. 20 Yes FAC 5 2 No FACW No OBL 27 =Total Cover 50% of total cover: 14 20% of total cover: 6 Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 30' Radius =Total Cover 50% of total cover: 20% of total cover: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 3 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (NB) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) Prevalence Index = B/A = (B) Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.01 Problematic Hydrophytic Vegetation (Explain) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (If observed, list morphological adaptations below.) ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 SOIL Sampling Point: DP1- Wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Typel Loc2 Texture 0-8 10YR 2/1 100 8-20 10YR 3/1 100 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Mucky Sand Sandy Remarks 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Organic Bodies (A6) (LRR P, T, U) X 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Muck Presence (A8) (LRR U) 1 cm Muck (A9) (LRR P, T) _ Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) _Coast Prairie Redox (A16) (MLRA 150A) Sandy Mucky Mineral (S1) (LRR O, S) Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) Stripped Matrix (S6) _ Dark Surface (S7) (LRR P, S, T, U) Polyvalue Below Surface (S8) (LRR S, T, U) unless otherwise noted.) Thin Dark Surface (S9) (LRR S, T, U) Barrier Islands 1 cm Muck (S12) (MLRA 153B, 153D) Loamy Mucky Mineral (F1) (LRR O) Loamy Gleyed Matrix (F2) Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Marl (F10) (LRR U) Depleted Ochric (F11) (MLRA 151) Iron -Manganese Masses (F12) (LRR O, P, T) Umbric Surface (F13) (LRR P, T, U) Delta Ochric (F17) (MLRA 151) Reduced Vertic (F18) (MLRA 150A, 150B) Piedmont Floodplain Soils (F19) (MLRA 149A) Anomalous Bright Floodplain Soils (F20) (MLRA 149A, 153C, 153D) Very Shallow Dark Surface (F22) (MLRA 138, 152A in FL, 154) Indicators for Problematic Hydric Soils3: _ 1 cm Muck (A9) (LRR 0) 2 cm Muck (A10) (LRR S) Coast Prairie Redox (A16) (outside MLRA 150A) Reduced Vertic (F18) (outside MLRA 150A, 150B) Piedmont Floodplain Soils (F19) (LRR P, T) Anomalous Bright Floodplain Soils (F20) (MLRA 153B) Red Parent Material (F21) _Very Shallow Dark Surface (F22) (outside MLRA 138, 152A in FL, 154) _ Barrier Islands Low Chroma Matrix (TS7) (MLRA 153B, 153D) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Array Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: ® Owner Date ALL Signature ,Authorized Agent5 E. REASON FOR JD REQUEST: (Check as many as applicable) n1 intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. nI intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. riI intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting nocess. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. nI intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. El1 believe that the site may be comprised entirely of dry land. Other: ForNCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List ■:■■■ ■■ ■ NC DEPARTMENT OF ■Rra■i NATURAL AND CULTURAL RESOURCES November 14, 2022 Kim Williams Land Management Group, Inc. 3805 Wrightsville Avenue; Suite 15 Wilmington, NC 28403 RE: Centerpoint Dear Kim Williams: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-19976 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q 121 W. JONES STREET, R(LEK44. NC 27603 • 1651 MAIL SERVICE C..:ENTER, PALEIG1-1. NC 27699 OFC 919 707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Centerpoint November 14, 2022 NCNHDE-19976 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Common Name Group Last Observation Date Element Accuracy Occurrence Rank Federal Status State Status Global State Rank Rank Vascular Plant 17320 Vascular Plant 9147 Vascular Plant 12589 Lophiola aurea Platanthera nivea Solidago tortifolia Golden -crest Snowy Orchid Twisted -leaf Goldenrod No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area 1973-06-01 1989-07-07 1964-11-22 H 3-Medium X 3-Medium H 3-Medium Endangered Endangered Endangered G4 S2 G5 SH G4G5 S1 Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on November 14, 2022; source: NCNHP, Q2, July 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Centerpoint November 14, 2022 NCNHDE-19976 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Group Freshwater Fish38937 Acipenser oxyrinchus Atlantic Sturgeon oxyrinchus 24390 Corynorhinus rafinesquii macrotis 32126 Myotis septentrionalis Northern Long-eared Bat 17664 Trichechus manatus West Indian Manatee Mammal Mammal Mammal Reptile Observation Date 2018-09 Element Accuracy Occurrence Rank E Federal Status State Global State Status Rank Rank 4-Low Endangered Endangered G3T3 S2 Eastern Big -eared Bat 2006-Pre E 5-Very Low 1994-Post H? 5-Very Low 2019-11-14 E 5-Very Low 3970 Alligator American Alligator 2018-02-26 E 4-Low mississippiensis Reptile 9649 Deirochelys reticularia Eastern Chicken Turtle reticularia Vascular Plant 22550 Aristida condensata Big Three -awn Grass Vascular Plant 30852 Vascular Plant 26331 Vascular Plant 22454 Vascular Plant Vascular Plant Vascular Plant Vascular Plant Vascular Plant 17320 10130 6961 9147 12589 Vascular Plant 12967 Baccharis Silverling glomeruliflora Corallorhiza wisteriana Spring Coral -root Dichanthelium cryptanthum Lophiola aurea Ludwigia ravenii Ludwigia suffruticosa Platanthera nivea Solidago tortifolia Solidago villosicarpa 1969-04 H 4-Low 1931-08-30 H 5-Very Low 1904-Pre H 5-Very Low 1967-03 H 3-Medium Hidden -flowered 1906-05-04 H 5-Very Witchgrass Low Golden -crest Raven's Seedbox Shrubby Seedbox Snowy Orchid Twisted -leaf Goldenrod Coastal Goldenrod 1973-06-01 H 3-Medium 1963-09-15 H 4-Low 1978-07-28 H 4-Low 1989-07-07 X 3-Medium 1964-11-22 H 3-Medium 1963-11-29 H 4-Low Proposed Endangered Threatened Threatened Similar Appearance Special Concern Threatened G3G4T S3 3 G2G3 S2 Threatened G2G3 S1N Threatened G5 S3 Special G5T5 S2S3 Concern Threatened G4? S2 Endangered G4 S1 Significantly G5 S1 Rare Other Significantly G3G4 S2 Rare 0 Throughout Endangered G4 S2 Endangered G1G2 S1 Threatened G5 S2 Endangered G5 SH Endangered G4G5 S1 Threatened G1 S1 Page 3 of 5 No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Nameam. T Owner Owner Type NC Department of Transportation Mitigation Site NC Department of Transportation State NC Department of Transportation Mitigation Site NC Department of Transportation State New Hanover County Open Space New Hanover County Local Government New Hanover County Open Space New Hanover County Local Government New Hanover County Open Space New Hanover County Local Government North Carolina Agricultural Foundation Easement The North Carolina Agricultural Foundation,Private Inc. North Carolina Agricultural Foundation Preserve The North Carolina Agricultural Foundation,Private Inc. North Carolina Agricultural Foundation Preserve The North Carolina Agricultural Foundation,Private Inc. Northeast New Hanover Conservancy Preserve Northeast New Hanover Conservancy Private Town of Wrightsville Beach Open Space Town of Wrightsville Beach Local Government NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State NC Land and Water Fund Conservation Agreement NC DNCR, NC Land and Water Fund State North Carolina Agricultural Foundation Easement The North Carolina Agricultural Foundation,Private Inc. North Carolina Agricultural Foundation Easement The North Carolina Agricultural Foundation,Private Inc. North Carolina Agricultural Foundation Easement The North Carolina Agricultural Foundation,Private Inc. North Carolina Agricultural Foundation Easement The North Carolina Agricultural Foundation,Private Inc. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on November 14, 2022; source: NCNHP, Q2, July 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 NCNHDE-19976: Centerpoint of 0 Windemere ig m v a c_, c S D h Clear Run Dr 0' 0 p ka e , e 44,O6 e� aA````� Sao r`1 e "a CS 0�¢ 111 'NZ Mayfaire Town Center • 0 0 ae` Country Club of V• ,37ft • F `n ca w 9 use e H,a 0.55 yo 1.1 Miles 1 4 1 1 1 1 1 1 November 14, 2022 Managed Area (MAREA) 1-1 Buffered Project Boundary n Project Boundary Sources: Esn. Airbus DS. USGS, NGA NASA, CGIAR. N Robinson, NCEAS. NLS, OS, NMA, Geodataslyrelsen, Rgkswaterstaal GSA Geoland FEM. Inlermap and the GIS user community Sources. Esn, HERE. Garman. FAO. NOAA. USGS. OpenStteelMap conlnbutors. and the GIS User Communrty Page 5 of 5 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0021507 Project Name: SE 17th St Lot 16 December 05, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The 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 seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 12/05/2022 2 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. 12/05/2022 3 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 12/05/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 12/05/2022 Project Summary Project Code: 2023-0021507 Project Name: SE 17th St Lot 16 Project Type: Residential Construction Project Description: Fill for single family residence Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@33.91804305,-78.14398280235562,14z Counties: Brunswick County, North Carolina 12/05/2022 Endangered Species Act Species There is a total of 16 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, 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 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10515 West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location does not overlap the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos.fws.gov/ecp/species/4469 STATUS Endangered Proposed Endangered Threatened 12/05/2022 4 Birds NAME Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 STATUS Threatened Threatened Endangered Reptiles NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https://ecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 Snails NAME Magnificent Ramshorn Planorbella magnifica There is proposed critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6216 STATUS Proposed Endangered 12/05/2022 5 Insects NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulae folia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8549 STATUS Candidate STATUS Endangered Endangered Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 12/05/2022 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 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. NAME American Kestrel Falco sparverius paulus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 American Oystercatcher Haematopus palliatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8935 BREEDING SEASON Breeds Apr 1 to Aug 31 Breeds Apr 15 to Aug 31 12/05/2022 2 NAME Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black Skimmer Rynchops niger This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/5234 Brown -headed Nuthatch Sitta pusilla This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Gull -billed Tern Gelochelidon nilotica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9501 Lesser Yellowlegs Tringa flavipes This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Marbled Godwit Limosa fedoa This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9481 Painted Bunting Passerina ciris This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Ruddy Turnstone Arenaria interpres morinella This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA BREEDING SEASON Breeds Sep 1 to Jul 31 Breeds May 20 to Sep 15 Breeds Mar 1 to Jul 15 Breeds Mar 15 to Aug 25 Breeds May 1 to Jul 31 Breeds elsewhere Breeds elsewhere Breeds Apr 25 to Aug 15 Breeds May 1 to Jul 31 Breeds May 10 to Sep 10 Breeds elsewhere Breeds elsewhere 12/05/2022 3 NAME Short -billed Dowitcher Limnodromus griseus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9480 Willet Tringa semipalmata This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wilson's Plover Charadrius wilsonia This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON Breeds elsewhere Breeds Apr 20 to Aug 5 Breeds Apr 1 to Aug 20 Breeds May 10 to Aug 31 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: 1. 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 (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. 12/05/2022 4 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 (I) 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 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel 111, +111110+ ++++ I I I I I I I I 1 I I I I I I I I I I I 1 +1+ ++I+ ++++ ++++ BCC - BCR American Oystercatcher II-1-01+ III! +-I-111111 _L_ I I I I I I I IIII I I I I IIII 1 I _I-+ ++1+ ++++ +++1 BCC Rangewide (CON) Bald Eagle Non -BCC IIII 11 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Non-B Vulnerable I'll I111 IIII BlackSkimmer BCCCCRangewide 1 1 1 1 11 11 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 1 I I I 1 1 1 1 1 1 1 1 1 I -+I+ ++11 1 1 ++ (CON) Brown -headed 1 1 1 1 11 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I +++ 11111 1+ 11111111 Nuthatch BCC - BCR Chimney Swift ++++ ++++ ++++ +111 1L 1 1 II I I I 1 1 1 1 1 ;I+++ ++10+ ++++ ++++ BCC Rangewide (CON) Gull -billed Tern ++++ +++ 1 1 1 1- 1 1 1 1 1 1 1 1 1 1 II 1 1 11- I+++ ++++ ++++ ++++ ++++ 12/05/2022 5 BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide (CON) Marbled Godwit BCC Rangewide (CON) Painted Bunting BCC - BCR Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) ++++ ++11+ +I++ +II1 I+++ ++++ ++++ 1+1+ ++++ ++++ ++++ ++++ ++++ . 1 1 1- ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +++I ++++ ++++ ++++ +1111111 "" I1111111 ++1+ i1++ ++++ ++++ ++++ ++++ ++++ ++++ lI 11! 111! 0++1 +++1 ++++ ++++ ++++ 0++0 +I++ ++++ +111 +Ii11111 Ills 1111 It++ ++1+ ++11 +1++ SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Ruddy Turnstone BCC - BCR Rusty Blackbird BCC - BCR Short -billed Dowitcher BCC Rangewide (CON) Willet BCC Rangewide (CON) Wilson's Plover BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) +++0 +00+ ++10 ++++ 1111 ++++ +0+1 ++++ +II+ ++1+ 0++0 I+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +1++ 1++-I- 0M11 I+++ I+++ +++I ++++ +I++ ++1+ ++++ NOV DEC ++u1 +++I ++++ ++++ 1 1 1 1 1 1 1 I I 1 I 1 I I I I I I I I +++I 111111111111 +1+ 1111 l++1 1111 1111 1111 11111111 I I I I 1111 1 1 1 I 1 1 1+++++ ++++ ++++ ++++ ++++ ++++ +10+ !III 1 1 1 1 1111 1 1 1 1 1+++ ++++ ++++ ++++ Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf 12/05/2022 6 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 list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point 12/05/2022 7 within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no 12/05/2022 8 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. 12/05/2022 1 Marine Mammals Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Actl 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. NAME West Indian Manatee Trichechus manatus Species profile: https://ecos.fws.gov/ecp/species/4469 12/05/2022 IPaC User Contact Information Agency: Davey Resource Group Name: John Perry Address: 3805 Wrightsville Ave #15 City: Wilmington State: NC Zip: 28403 Email john.perry@davey.com Phone: 9107872352 6.0 PREVIOUS PERMITS & MITIGATION INFORMATION Section 404/401 Permits Signed Mitigation Responsibility Transfer Form Permittee: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2017-01860 County: New Hanover U.S.G.S. Quad: NC -Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Fairmont Properties, LLC Agent: Land Management Group Centre Pointe, LLC Kim Williams David Swain 3805 Wrightsville Ave 1131 B Military Cutoff Rd Suite 15 Wilmin2ton, NC 28405 Wilmington, NC 28403 Size (acres) 23.1 Nearest Town Wilmin2ton Nearest Waterway Bradley Creek River Basin White Oak USGS HUC 03020302 Coordinates Latitude: 34.231406 Longitude: -77.831297 Location description: Property is located east of the Wilmington Independent Living LLC, west of Eastport subdivision and south of Mayfaire in Wilmin2ton, New Hanover County, North Carolina. Property is located north of Eastwood Road and west of Military Cutoff. Description of projects area and activity: This verification authorizes the discharge of fill into 0.28 acre of wetlands, 460 linear feet of temporary stream impacts for the installation of a bottomless culvert and stream reshaping, and 0.02 acres of permanent open water impacts and 0.006 acre of temporary of open water impacts for the installation of a bottomless culvert for the construction of a commercial development and access roads. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide/General Permit Number: Permit Number: 39 SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the enclosed Conditions, your application signed and dated 3/19/2019, and the enclosed plans Wetland Impact Map Overall, Impact Sheets 2-7 dated 9/18/2017. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Rachel Capito at (910)-251-4487 or Rachel.A.Capito(ajusace.army.mil Corps Regulatory Official: Date: 5/1/2019 Expiration Date of Verification: 3/18/2022 SAW-2017-01860 SPECIAL CONDITIONS 1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as special conditions of this permit authorization. 2. In order for this Nationwide Permit to be valid, you must obtain 401 Water Quality Certification from the North Carolina Division of Water Resources. The permittee shall provide the Corps with a copy of the required certification or waiver of certification from the state prior to proceeding with the work in waters of the U.S. The permittee shall comply with all conditions of the state certification. 3. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). Action ID Number: SAW-2017-01860 County: New Hanover Permittee: Fairmont Properties, LLC, Centre Point, LLC, David Swain Project Name: Centre Point Date Verification Issued: 5/1/2019 Project Manager: Rachel Capito Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Rachel Capito Wilmington Regulatory Office U.S Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date CESAW — RG (File Number, SAW- 2017-01860) Compensatory Mitigation Responsibility Transfer Form Permittee: Fairmont Properties, LLC, Centre Point LLC, David Swain Action ID: SAW-2017-01860 Project Name: Center Point County: New Hanover Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030001, White Oak River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.28 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03030001, White Oak River Basin Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal 0.6 Mitigation Site Debited: Northeast Cape Fear Mitigation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: CESAW — RG (File Number, SAW- 2017-01860) • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Mitigation Sponsor (NCDMS, RES, Restoration Systems, etc.), confirming their willing and able to accept the applicants compensatory mitigation responsibility, dated Acceptance Letter Date was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: Rachel Capito Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Rachel.A.Capito@usace.army.mil 5/1/2019 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil DEVELOPMENT INFORMATION NAME OF PROJECT: CENTERPOINT WILMINGTON, NORTH CAROLINA NEW HANOVER COUNTY, WILMINGTON TOWNSHIP OWNER: NOW/FORMERLY FAIRMONT PROPERTIES, LLC AND SOUTHPORT MARKET PLACE I, LLC PARCEL #3157-10-37-2249 DEVELOPER: JASON D. SWAIN CENTRE POINTE, LLC 1131-B MILITARY CUTOFF RD WILMINGTON, NC 28405 JASON@SWAINASSOCIATES.COM (910) 256-2211 PROJECT ENGINEER/REPRESENTATIVE: MCKIM & CREED, INC 243 NORTH FRONT ST WILMINGTON, NC 284 (910)343-1048 KATHRYN ESPINOZA, PE KESPINOZA@MCKIMCREED.COM TARA S. MURPHY, PLA, LEED AP, PMP TSCHWENZFEIER@MCKIMCREED.COM CenterPoi nt MIXED -USE DEVELOPMENT CITY OF WILMINGTON PROJECT ARCHITECT/LAND PLANNER REPRESENTATIVE: CHRIS BAUER, ASSOC. AIA, APA PRINCIPAL CI DESIGN INC. 509 SOUTH EXETER ST BALTIMORE, MD 21202 CBAUER@CI-DESIGNINC.COM (410) 384-4244 DISCLAIMER THE CONCEPTUAL SITE PLAN IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT REPRESENT A FINAL SITE PLAN. THE LAND USE RIGHTS TO BE ASSIGNED TO THE PARCELS WILL BE PURSUANT TO THE LAND USES ALLOWED IN THE UMX ZONING DISTRICT AND PER THE CONDITIONS OF THE ZONING APPROVED BY WILMINGTON CITY COUNCIL ON 07/13/2018. WETLAND IMPACT DRAWINGS APRIL 6, 2018 REVISED: MARCH 12, 2019 SCALE: 1 "=300' /06 sd. II II 41171,1111111 SHEET LIST TABLE SHEET NUMBER SHEET TITLE SHEET DESCRIPTION 1 G-001 COVER 2 G-002 WETLAND IMPACT MAP OVERALL 3 WI-100 WETLAND IMPACT MAP KEY 4 WI-101 WETLAND IMPACT SHEET 5 WI-102 WETLAND IMPACT SHEET 6 WI-103 WETLAND IMPACT SHEET 7 WI-104 WETLAND IMPACT SHEET 8 WI-500 WETLAND IMPACT DETAILS 243 North Front Street Wilmington, NC 28401 Phone: (910) 343-1048 Fax: (910) 251-8282 NC FIRM LICENSE F-1222 www.mckimcreed.com CENTERPOINT MC FILE: 01421-0009 EASTWOOD ROAD 0 11 ki( PROPERTY BOUNDARY (TYP.) \ / PROPOSED MEDICAL OFFICE '�-8W PROPOSED RETAIL PROPOSED RETAIL PROPOSED PEDESTRIAN TION 01 Impact: 0.02 ac CAMBRIDGE VILLAGE OF WILMINGTON MF-MH (CD) 50'ST ".A BUFFER END OF i I SEASONAL RPW PROPOSED PARKING DECK illlll. IIIIIIIIIIliIH IMrtt 1 I PROPOSED OFFICE OVER RETAIL NCDOT FUTURE RIGHT-OF-WAY 1 S2 Impact: 131 LF (Temp) for Stream Enhancement PROPOSED RESTAURANT OR RETAIL P • OSED PE ■ IAN CON C ON PROPOSED RETA L S1 Impact: 329 LF (Temp) PROPOSED RESTAURANT OR RETAIL W3 Impact: 0.10 ac (Isolated) EXISTING DRIVEWAY PIPE TO BE REMOVED PROPOSED APARTMENT OVER RETAIL PROPOSED APARTMENT PROPOSED STREAM PR6PU5E0 RECONFIGURATION/ jy6� ENHANCEMENT PROPOSED RETAIL EXISTING DRIVEWAY PIPE TO BE REMOVED PROPOSED APARTMENT OVER RETAIL PROPOSED RESTAURANT OR RETAIL DRYSDALE DRIVE EXTENSION (BY NCDOT) Stream Impacts Associated with Road to be Permitted by NC DOT EASTPORT SUBDIVISION (R-10) 4M K M&CREED 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048 , Fox: (910)251-8282 NC LIC. Na. F-1222 www.mckimcreed.com Land Management Group, Inc. 3805 Wrightsville Ave. Wilmington, NC 28403 Phone: (910) 452-0001 r , T FROPO'SE0 APARTMENT OVER RETAIL LEGEND PROPOSED PARKING DECK B W3 Impact: 0.05 ac (Isolated) PROPOSED RETAIL PROPOSED RESTAURANT NCDOT FUTURE PERMANENT DRAINAGE EASEMENT CENTREPOINTE, LLC 1131-B MILITARY CUTOFF ROAD WILMINGTON, NC 28405 TEMPORARY STREAM/WETLANDS IMPACTS ISOLATED WETLANDS IMPACTS PERMANENT WETLANDS IMPACTS STREAM RESTORATION MEASURES PROPOSED RETAIL PROPOSED RESTAURANT 02 Impact: 0.006 ac (Temp) PROPOSED HOTEL MAYFAIRE TOWN CENTER (MX) PROPOSED CONNECTION TO MAYFAIR NCDOT FUTURE PERMANENT DRAINAGE EASEMENT CenterPoi nt CITY OF WILMINGTON NEW HANOVER COUNTY NORTH CAROLINA WETLAND IMPACT MAP OVERALL PROJECT USE DATA CenterPoint PROPOSED USE MIXED USE DEVELOPMENT RETAIL 127,939 RESTAURANTS 55,461 MEDICAL OFFICE (3 LEVELS AT 25,000 SF ABOVE) 75,000 OFFICE (2 LEVELS AT 15,800 SF ABOVE RETAIL) 31,600 RESIDENTIAL (300 UNITS) 285,000 HOTEL (200-KEYS) 151,000 TOTAL 726,000 PARKING SUMMARY SPACES PROVIDED SURFACE PARKING & ON STREET SPACES 232 DECK 'A' 789 DECK'B' 789 TOTAL 1,810 SITE DATA TABLE PARCEL ADDRESS 1531 & 1541 EASTWOOD ROAD BUILDING SETBACKS REQUIRED PROPOSED FRONT 5-10 FT 5-10 FT REAR 5FT 5FT SIDE (INTERIOR) 5 FT 5 FT TAX PARCEL IDENTIFICATION NUMBER: 3157-10-37-2249 ZONING: UMX(CD) TOTAL BUILT UPON AREA (BUA) 15.9 ACRES (692,451.8 SF) TOTAL BUA (%) 68.61 % STREAM IMPACTS TEMPORARY STREAM IMPACTS (RESTORATION) 131 LF TEMPORARY STREAM IMPACTS (CULVERT INSTALLATION) 329 LF STREAM RESTORATION / ENHANCEMENT 187 LF DATE: 9/18/2017 MCE PROJ. 9 1421-0009 DRAWN EEM DESIGNED EEM KCBE TSM CHECKED PROJ. MGR. I • • SCALE HORIZONTAL: RINOTED VERTICAL: N/A . I€B G-002 2 I (STATUS: WETLANDS PLAN NOT FOR CONSTRUCTION ofl219 GRAPHIC SCALE 150 0 75 150 1 inch = 150 it. III III III III III III 30 50 FT BUFFER PLAZA (PERVIOUS MATERIAL) 5 FT 25 FT NORMAL FLOW CHANNEL TYPICAL DITCH DETAIL NOT TO SCALE 30 25 25 20 20 `o<e-17sq 28 1 15 1 15 I O CD O O N CN N O N N. O O I0 0 N 1 0 + 0 0 1 1 +00 EXISTING CROSS SECTION 1• - 60' (HORIZONTAL) 1• - 5' (VERTICAL) 4M K M&CREED 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048 , Fox: (910)251-8282 NC LLC. Na. F-1222 www.mckimcreed.com Land Management Group. Inc. 3805 Wrightsville Ave. Wilmington, NC 28403 Phone: (910) 452-0001 III III III III III III 50 FT BUFFER *ANY MATERIAL INSTALLED IN THE 50' BUFFER (HARDSCAPE) WILL BE PERVIOUS MATERIALS CENTREPOINTE, LLC 1131-B MILITARY CUTOFF ROAD WILMINGTON, NC 28405 36" BLACK VINYL - COATED CHAIN LINK FENCE PANEL (TYP.) SQUARE TENSION TIES - (STAGGERED POSITION BEHIND RAILS) 3X12X18" BLOCKING AT OUTSIDE STRINGERS 2-3/4"X16" LAG BOLTS - DRILLED INTO CENTER OF PILE (TYP.) 10'-0" MIN. CLEAR WIDTH 2 X 6 HANDRAIL W/ 3-'4" RADIUS (TYP) 2 X 6 BOTTOM RAIL 3X12 STRINGER (TYP.) 2 X 4 SPACER (TYP) (CONTINUOUS) 2 X 6 DECKING CANTED 2X8 TOP RAIL PROVIDE 1/2" RADIUS CORNERS (TYP.) 4 XS POSTS @ o 5'-0" O.C. SIMPSON LSTA12 FLAT STRAP (EA. SIDE) (TYP.) 10X10 PILE CAP —' SECTION A -A NOT To SCALE NOTE: SIMPSON LTS12 TWIST STRAP (TYP. EA. JOIST) —V— -R\-- 7.5" MIN. TIP DIAM. PILING TYPICAL WALKWAY DETAIL NOT TO SCALE CLASS II RIP RAP 2'-0• DEPTH (TYP.) GEOTECTILE FILTER FABRIC (TYP.) RIP RAP WILL BE PLACED ABOVE THE OHWM. NATURAL J GROIJNDUNE BOTTOMLESS CULVERT DETAIL CenterPoi nt CITY OF WILMINGTON NEW HANOVER COUNTY NORTH CAROLINA WETLAND IMPACT DETAILS NOT TO SCALE DATE: MCE PROJ. $ DRAWN DESIGNED CHECKED PROD. MGR. 9/18/2017 1421-0009 EEM EEM KCBE 7SM I I• SCALE HORIZONTAL: VERTICAL' NA I I uxFILE Num. ♦ WI-500 MAINE NUMBER 8 I (STATUS: WETLANDS PLAN """°" ♦ l NOT FOR CONSTRUCTION 03112/19 ih L 2" 4X4 SPACER BLOCK (TYP.) BOTTOM OF FOOTING FOUNDATION BY OTHERS DISCLAIMER THE CONCEPTUAL SITE PLAN IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT REPRESENT A FINAL SITE PLAN. THE LAND USE RIGHTS TO BE ASSIGNED TO THE PARCELS WILL BE PURSUANT TO THE LAND USES ALLOWED IN THE UMX ZONING DISTRICT, AND PER THE CONDITIONS OF THE ZONING APPROVED BY WILMINGTON CITY COUNCIL ON 07/13/18. DocuSign Envelope ID: 72804725-29CF-4BA9-9CB5-3BB1AFB3443D ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Centre Pointe, LLC Mr. David Swain 1131-B Military Cutoff Road Wilmington NC 28405 NORTH CAROLINA Environmental Quality May 3, 2019 New Hanover County DWR Project: 2018-0185 Subj ect Property: Centerpoint Development Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Swain, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.28 acres of 404 wetlands, to temporarily impact 460 linear feet of stream, to impact 0.02 acres of open waters, and to temporarily impact 0.006 acres of open waters in order to construct a commercial development as described in the application received by the N.C. Division of Water Resources (DWR) on February 6, 2018, with additional information received on March 1, 2018, April 11, 2018, March 13, 2019, and March 19, 2019. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4139 (GC4139). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://portal.ncdenr.org/web/wq/swp/ws/401/certsandpermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. NORTH CAROLINA Department of Environmental Duality North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 DocuSign Envelope ID: 72804725-29CF-4BA9-9CB5-3BB1AFB3443D Page 2 New Hanover County 2018-0185 The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502}. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not DocuSign Envelope ID: 72804725-29CF-4BA9-9CB5-3BB1AFB3443D Page 3 New Hanover County 2018-0185 being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 7. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 8. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http : //portal . ncdenr. org/web/wq/swp/ws/401 /certs andp ermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for DocuSign Envelope ID: 72804725-29CF-4BA9-9CB5-3BB1AFB3443D Page 4 New Hanover County 2018-0185 information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.Coburn@ncdenr.gov. Sincerely, ,-DocuSigned by: Aiwa sue@ iu E3ABA14AC7DC434... Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4139 Cc: Kim Williams — Lane Management Group (via email) Rachel Capito — Wilmington Field Office, USACE (via email) CESAW — RG (File Number, SAW- 2017-01860) Compensatory Mitigation Responsibility Transfer Form Permittee: Fairmont Properties, LLC, Centre Point LLC, David Swain Action ID: SAW-2017-01860 Project Name: Center Point County: New Hanover Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMSL who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUG), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030001, White Oak River Basin Stream Impacts (linear feet) Warm Cool Cold Riparian Riverine Wetland Impacts (acres) Riparian Non-Riverine Non -Riparian 0.28 Coastal If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: Stream Mitigation (credits) 8-digit HUC and Basin: 03030001, White Oak River Basin Riparian Non-Riverine Non -Riparian Coastal Mitigation Site Debited: Northeast Cape Fear Miti_Aation Bank (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. if the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name Spnsor's Authorized Representative: 4r------ Signaturedf3ponsors Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: CESAW — RG (File Number, SAW- 2017-01860) • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: A letter from Miti:ation S•onsor NCDMS RES, Restoration Systems, etc.), confirming their willing and able to accept the applicants compensatory mitigation responsibility, dated Acceptance Letter Date was included with the preconstruction notification. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwel!@usace.army.mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: USACE Field Office: Email: Rachel Capito Wilmington Regulatory Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 Rachel.A.Capito@usace.army.mil CAPITOERACHEL.ANN.153 Digitally signed by CAPITC .RACHEL ANN.153627f790 6276790 Date: 2019.05.01 1234:46-04'00' 5/1/2019 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.niil