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HomeMy WebLinkAbout20230161 Ver 1_ePCN Application_20230127DWR 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: 11/4/2022 BIMS # Assigned* Version#* 20230161 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: 4600 Southport -Supply Road Tract la. Who is the Primary Contact?* Kim Williams - Davey Resource Group, Inc. 1 b. Primary Contact Email:* lc. Primary Contact Phone:* kim.williams@davey.com (910)452-0001 Date Submitted 1/27/2023 Nearest Body of Water Jumping Run Creek Basin Cape Fear Water Classification SC; Sw Site Coordinates Latitude: 33.959253 A. Processing Information County (or Counties) where the project is located: Brunswick Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -78.068842 la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information Id. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: KDA Investments, Inc. 2b. Deed book and page no.: 2c. Contact Person: Dan Durler 401 Water Quality Certification - Express Riparian Buffer Authorization Unknown Yes No Yes No 2d. Address Street Address 380 Hamilton Drive SE Address Line 2 City Bolivia Postal / Zip Code 28422 State / Province / Region NC Country USA 2e. Telephone Number: 2f. Fax Number: (631)404-8604 2g. Email Address: * dnd420@gmail.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 NC Country USA 4e. Fax Number: (910)452-0020 1. Project Information 1b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Southport 2. Project Identification 2a. Property Identification Number: 20400034 2b. Property size: 19.5 2c. Project Address Street Address 4600 Southport -Supply Rd Address Line 2 City State / Province / Region Southport NC Postal / Zip Code Country 28461 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project: * Jumping Run Creek 3b. Water Resources Classification of nearest receiving water: * SC; Sw 3c. What river basin(s) is your project located in?* Cape Fear 3d. Please provide the 12-digit HUC in which the project is located. 030300050802 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site is currently undeveloped and forested. According to DRG's wetland delineation, the site contains approximately 12.4 acres of wetlands, which are mostly located in the southern and central parts of the site. Wetlands are pocosin/bay habitat and support pond pine, loblolly bay, fetterbush, and gallberry. Uplands support a mix of longleaf pine, pond pine, loblolly bay, and fetterbush. Adjacent land use is mostly undeveloped and forested habitat. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 12.4 ac 4g. List the total estimated linear feet of all existing streams on the property: N/A 4h. Explain the purpose of the proposed project: * The purpose of the project is to construct a container storage development, with a small office trailer. Wetland impacts are needed to construct a road to access the uplands within the site. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The site plan consists of constructing conex containers in uplands in the northern part of the site, a gravel parking lot next to the containers, and a 10' x 40' office trailer on an upland ridge in the southern part of the site. An 18' wide gravel road will also be constructed along the western property boundary to provide access to the structures. The road will have 2' shoulders and 3:1 slopes. Several 12" culverts will be installed in wetlands to maintain hydrologic flow. Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading (including proposed wetland fill) will occur as depicted on the site plan. Roadways and utilities will be installed. Then building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes Comments: Wetland map and data forms are enclosed with this application. No 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans 6a. Is this a phased project?* Corey Novak Davey Resource Group, Inc. Yes No Unknown Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(') 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 29. Impact area* 1 Road P Pocosin W1 Yes Both 0.489 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.489 2g. Total Wetland Impact 0.489 2i. Comments: 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 road width has been reduced to 18' (with 2' shoulders) to minimize wetland impacts. It has been placed along the western boundary to utilize uplands in this area. The applicant considered starting the road along the eastern boundary, following west along the bay rim, and then tying into the western boundary to try to reduce wetland impacts. However, this would have required that the office trailer be placed in the northern part of the tract. For safety reasons, the applicant prefers to have the office placed closer to Hwy 211 where it would be more easily accessed by Fire/EMS. Additionally, it would be more expensive to construct a longer road. lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: The developer will obtain stormwater and sedimentation and erosion control permits prior to development. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2c. If yes, mitigation is required by (check all that apply): DWR Corps 2d. If yes, which mitigation option(s) will be used for this project? Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Lower Cape Fear Umbrella Mitigation Bank 3b. Credits Purchased/Requested (attach receipt and letter) Type: Non -riparian wetland 3c. Comments Quantity: 1 ac 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, which does not have State Riparian Buffer Rules. 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 State Stormwater Programs Phase II Coastal Counties HWQ or ORW Other Comments: The project engineer is currently preparing a stormwater plan. G. Supplementary Information u 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. The project will not provide access or utilities to adjacent tracts. No additional impacts to jurisdictional features are anticipated in the future. Additionally, erosion control and stormwater permits will be obtained to minimize impacts to downstream waters. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The project will tie into the municipal wastewater treatment system. 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their files, no federally listed species are known to occur on the site, although the site is part of the BSL Wetlands Complex NCNHP Natural Area and contains several rare habitat types and two historical state -listed plant element occurrences. The red -cockaded woodpecker and American alligator are known to occur within a one mile radius of the site. The RCW occurrence is from 2021 and includes known clusters from MOTSU and Orton Creek, which are located one mile or greater east of the site. The USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Uplands within the site contain an even mix of pines and Ioblolly bays in the overstory and a fairly dense shrub layer of bays and fetterbush. Therefore, the site does not appear to provide suitable habitat for the RCW. Forested areas within the site could potentially provide appropriate winter and summer roosting habitat for the northern long-eared bat and tri-colored bat. Although the NLEB is known to occur in Brunswick County, no roost trees have been identified in the county. The site does not appear to provide suitable habitat for any other federally -protected species known to occur in the area. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA EFH Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office HPOWEB GIS mapping resource was reviewed to determine the presence of known 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?* FEMA Flood Map Service Center website Miscellaneous U 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 4600 Southport Supply Rd_Attachments.pdf 9.19MB 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 CJSEs 7'[/[ld-d Date 1/27/2023 DAVEY#-. Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 January 27, 2023 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 4600 Southport Supply Road; Southport; Brunswick County, NC NWP 39/401 WQC Application To Whom It May Concern: On behalf of KDA Investments, Inc., Davey Resource Group, Inc. is submitting a Pre -Construction Notification form and associated attachments for a commercial development to be located at 4600 Southport Supply Road in Southport, NC. The purpose of the project is to construct a storage facility within the site. The project proposes to impact 0.489 acre of jurisdictional wetlands to construct an access road. To mitigate for unavoidable wetland impacts, the applicant proposes purchasing wetland credits from the Lower 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 4600 Southport Supply Rd Southport, NC Brunswick County PCN Attachments Table of Contents 1.0 LANDOWNER AUTHORIZATION FORMS 2.0 PRE -FILE REQUEST 3.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. LiDAR Map Figure 4. Soils Map Figure 5. 1998 Infrared Figure 6. Aerial Photograph Figure 7. Site Plan Showing Proposed Wetland Impacts 4.0 WETLANDS INFORMATION Preliminary Wetlands Map Data Forms Antecedent Precipitation Tool Graph 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List RCW SLOPES Appendix B. 6.0 LCFUMB CREDIT ACCEPTANCE LETTER 1.0 LANDOWNER AUTHORIZATION FORMS Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, 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 4600 Southport Supply Road located in Erurmvick County, NC. All questions regarding this project should be directed to Davey Resource Group. Print Name Date Phone. 910.452.0001 •Fax* 910.452.€ 0610 3805 Wrightsville Avenue, Suite 15 . Wilmington, NC 28403 jurisdictional Determination Request D. PROPERTY ACCESS CERTMCATIONIJ By signing below, I authorize representatives of the Wilmington District, U.S. Army 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. I/'� it? /e�T�/k u'-Fs- -TAc, Print Name Capacity- ® er E Authorized A eW g 171( ^d Date E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. E] I 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. n I 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 isaitial step in a future permitting process. 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. ® I intend to construct/develop a projector 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. MI believe that the site may be comprised entirely of dry land. ® Other: For NCDOT requests following the current NCDOTIIISAOE protocols, skip to Part E_ a Lf there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization fornAetter signed by owner(s)- version: May 2017 Page 3 2.0 PRE -FILE REQUEST 1 /26/23, 4:14 PM The Davey Tree Expert Company Mail - 4600 Southport Supply Rd; Brunswick Co.; Pre -File Request DAVEYS Williams, Kim <kim.williams@davey.com> 4600 Southport Supply Rd; Brunswick Co.; Pre -File Request 1 message Williams, Kim <Kim.Williams@davey.com> To: 401 PreFile@ncdenr.gov Fri, Nov 4, 2022 at 10:38 AM Hello - We are working on a commercial development to be located at 4600 Southport Supply Rd in Brunswick County. The owner is currently preparing a site plan and wetland impacts are anticipated. Applicant: Dan Durler; KDA Investments Inc. dnd420@gmail.com Site: 4600 Southport Supply Rd; Brunswick Co. This email serves as our pre -filing meeting request. Thanks so much! Kim Kim Williams I Section Manager Davey Resource Group, Inc. Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403 DAVEY . Resource Group Visit our local office page https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view=pt&search=all&permthid=thread-a%3Ar8889753968744548955%7Cmsg-a° k3Ar60888942794... 1 /1 3.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. LiDAR Map Figure 4. Soils Map Figure 5. 1998 Infrared Figure 6. Aerial Photograph Figure 7. Site Plan Showing Proposed Wetland Impacts fin` F Boiling Spring Lakes Rya A WIWI, Project Area F en 0i T. C Southport C-11 Beach Long Beach dak Island B'd I Ili lu b L:\Wetlands\2022 Wetlands Files\DRGNCW22.437\Maps N 0 0.5 1 2 Boundaries are approximate and not meant to be absolute. Miles Map Source: World Street Map Scale applies to 11X1 7" print. 4600 Southport - Supply Rd Brunswick County, INC DAVEYI Figure 1. Resource Group October 2022 3805 Wrightsville Avenue Vicinity Map DRGNCW22.437 Wilmington, NC 28403 (910) 452-0001 -„� j� A L— .Iu Us L � .1 �_• -� Li -;LLL. ..tip= - ._si1J. . _,-- �— • - •• S.LL_ ssr�� . t LLIJJ �• -- -~ .htSC - .,tom_-�h5idr- - •!:'• - , I LS�+�. -- �L• 1 - .�V J 1% U, shy-_ -• AIL+ L:\Wetlands\2022 Wetlands Files\DRGNCW22.437\Maps N 0 200 400 800 Boundaries are approximate and not meant to be absolute. ft Map Source: USGS Topographic Map: Southport Quad Scale applies to 11X17" print. 4600 Southport - Supply Rd Brunswick County, NC DAVEY Resource Group Figure 2. October 2022 3805 Wrightsville Avenue Topographic Map DRGNCW22.437 Wilmington, NC 28403 (910) 452-0001 >r 4, %mot y/ •� 40' _ . t .,i Ir 4. t � .� r- I 10011 �l -47� 7, - x a [y + a i rr Legend Value High: 44.5713 _ s I � �� ~ � ' ,�,� `� —• � Low: 36.61 21, t I r ,y L:\Wetlands\2022 Wetlands Files\DRGNCW22.437\Maps N 0 75 150 300 Boundaries are approximate and not meant to be absolute. ft Map Source: QL2 UDAR Data A Scale applies to 11X17" print. 4600 Southport - Supply Rd `� Brunswick County, NC DA E i/ Figure 3. Resource Group October 2022 3805 Wrightsville Avenue LiDAR Map DRGNCW22.437 Wilmington, NC 28403 (910) 452-0001 Y` d Y., d Soils Lo: Leon fine sand Mu: Murville fine sand +r r L:\Wetlands\2022 Wetlands Files\DRGNCW22.437\Maps N 0 150 300 600 Boundaries are approximate and not meant to be absolute. R Map Source: NRCS Soils Data for Brunswick Co. Scale applies to 11X17" print. 4600 Southport - Supply Rd Brunswick County, NC DAVEY . Resource Group Figure 4. October 2022 3805 Wrightsville Avenue Soils Map DRGNCW22.437 Wilmington, NC 28403 (910) asz-0-0001 ...y •pia"" i� - ' r�, ; 1 r rye. �i•,y�r � !•,! !'► IM �'fi�ii' i+T�`�r7.�L��ia'1�.1 r+rC�s �Ssrl�::W, -Y l 'ti-'1�° -` �JVM�.•��i�L'77 - "�+rCr'r..} r�7`-�� 4 L:\Wetlands\2022 Wetlands Files\DRGNCW22.437\Maps N 0 150 300 600 Boundaries are approximate and not meant to be absolute. ft Map Source: NAPP 1998 Infrared Scale applies to 11X17" print. 4600 Southport - Supply Rd Brunswick County, NC DAVEY . Figure 5. Resource Group 1998 Infrared Aerial October 2022 3805 Wrightsville Avenue DRGNCW22.437 Wilmington, 28403 (slo)asz-0-0001 L:\Wetlands\2022 Wetlands Files\DRGNCW22.437\Maps N 0 100 200 400 Boundaries are approximate and not meant to be absolute. ft Map Source: NC DneMap 2020 Aerial A Scale applies to 11X17" print. 4600 Southport - Supply Rd Aw— Brunswick County, NC DAVEY . Figure 6. Resource Group October 2022 3805 Wrightsville Avenue Aerial Photograph DRGNCW22.437 Wilmington, 28403 (slo)asz-0-0001 NOTES. 1. THE PURPOSE OF THE DEPICTED SURVEY IS TO SHOW THE PROPOSED LOCATIONS OF DRIVES AND OFFICE TRAILER. 2 P 9 2. ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES UNLESS OTHERWISE NOTED. 3. NEW BRUNSWICK COUNTY PIN NO'208705274899, �r PAZONE "X" PER . 4FE APNO.3720203700K R NENEMHM �'xw EF^FECOTIIVE DATES AUGU T27,2013. -- -_-- --- --- -- mrmrzv _--- _-- S. THIS OFFICE HAS NOT RESEARCHED ALL AMENDMENTS OF COVENANTS. SURVEY IS SUBJECT TO ANY EASEMENTS I RIGHT OF WAYS I ENCUMBRANCES A FULL TITLE REPORT MAY REVEAL. Wetlantl Oefniatation nag Locatbns VICINITY MAP NOT TO SCALE LEGEND U / / / a /N � Z Q 0B Q2 Z 4139 l U PG 480 TOTAL PDF WETLAND IMPACT = 21, 21,311 SF / 0.489 AT / / A14 A13 / AJ2 / B2 SETBACK TABLE 25" MAX FRONT SETBACK 6REAR SETBACK 10. INTERIOR SIDE SETBACK S >4 3,12 E \44000' C27 C26 C25 2 FIR FT, - C 9 0; Ct6 N CI5 Cls n cil 9 0 C C3 C]------------- N �N D� C4 C5 3 s -JNVr KDA- - - - DTMENT - 6 Dqs �a 4.749 . s rNC /-9&70 . 10PC 12� - - - 0.2102/ ANNUNC N20 _ Da 2354 9 Point NorMing (NAM3) EasSng (MESS) Esvatun (NAVC68) Latitatle (WGS84) Lorgitutla (WG584) Al 770W.40 2282538.79 39.47 N33.958156 1M8.068393 A2 7711191 228252623 3916 M3953221 W78 MUM AS 7715320228249575 3948 M3953335 W78 W8533 A4 77193.67 2282471.40 39.0 M3.95U47 W18.088612 AS 772M.35 2282448.58 38.55 N33.953559 W8,068666 A6 77=49 2282413.02 39.08 N33.953679 W8,068802 A7 77299.75 2282365.92 39.01 1,03.958741 W78.0689W AS 77MIA5 2282347.92 44.35 1,03.958855 1M8.069014 A9 77383.68 2282301 63 40.23 N33SN974 W18.069166 A10 177407,3112282239.0 40.32 N33.959040 W18.069368 All 77431.59 228219866 40.22 M3.959108 4MB.W9510 Al2 7747570 2282167621 3976 NIS 959230 W78 W9605 A13 7750550 228214111 4002 M3959312 W78 W9691 A14 77516.29 22U 29.74 40.81 M3.959U2 W/8.069728 B1 774M.92 2282088.50 40.87 M3.959114 W/8069887 W 774W.67 2282119A5 40.16 M3.959025 WS.069767 B3 77374.47 2282106.07 40.56 NO3.958952 1M8.069611 M 77332.00 2282210.46 40.46 N33.958834 4MB.W9468 as 77310,86 2282245.08 30.72 N33AN775 W78.W9354 Be 77302.26 2282289.49 WAD INGNS8750 W78.W92W B7 77269.85 2282341 60 39.53 133.958660 W78.069037 a8 7721678 228236630 3929 N13958513 W78M89M a9 7717575228241008 4009 N33 OM399 W76 W8815 B10 177125.4612282451 37 40.71 M3.958260 MS W8680 B11 77078.98 E824603 39.89 M3.958132 W78.068633 B12 77015.43 228250;06 40.46 M3.957957 W78.068506 B13 76903.83 2282529.22 40.76 W3.957814 1M8.068428 Ci 77913.28 2282256.58 40.32 W3.960430 1M8.069298 U 77900.99 2282288.92 40.03 M3.960395 W78.069192 C3 778W.11 2282309.38 39.17 N33.900307 W78.C69125 CS 77M356 2292U315 38U N33960236 I W78WOOD5 C5 77646.75 2282376.36 40.23 N33.960Ul 1M8.068905 CB 77865.81 2282393.10 38.96 N33SN298 W78.068849 C7 778UM 228239OS7 38.41 N33SN347 WO CS 7790346 2282401 57 3870 N33960399 W76 W8820 09 7792722 228241523 3902 .31.. 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NIR 2 ��� - F ^' 743128, \-\ -�N4Y NIR gy 1 p, C['��N��lG/YWgY 2 0/4 rWG BIgyT 211 EIRDd xw7 4 �•\ _ 1111Nf o..A1UE1 FIGURE 7 L Proposed Wetland Impacts (0.489 ac) DATE SALE DRIVEWAY PERMIT SURVEY 2/07/2022 1" = 200' FOR: KDA INVESTMENTS INC 4600 SOUTHPORT SUPPLY ROAD SE LOT 36 MOREHEAD FARMS PLAT MAP U PAGES 9810 SOUTHPORT, NO 28461 DR4r1'N BY J.A.G. CHECYED BY B.F.F. EXISTING CONDITIONS SHEET 1 OF 1 BRUNSWICK COUNTY DRAWN UNDER MY DIREIR 1URE-1111C THE I -- NOT 611R_ED ARE SHONN AS BROKEN LINES FROM REFERENCED RECORD INFORMATION: THAT THIS NIT �E -a ?NOBoR SALES. NcuRR L sFL S °111111Ir11„'> SEAL = L-5104 din BENJAMIN F FARROW III, PLS 3223 KELLERTON PL WILMINGTON NC 28409 910-524-9S�5 LICENSE: L-5104 4.0 WETLANDS INFORMATION Preliminary Wetlands Map Data Forms Antecedent Precipitation Tool Graph L:\WETLANDS\2022 WETLANDS FILES\DRGNCW22.437 --- N 4600 Southport -Supply Rd, KDA Investments Inc\Maps\GIS 0 100 200 400 Boundaries are approximate and not meant to be absolute. ft Map Source: 2020 NC Onel A Scale applies to 11 X17" print 4600 Southport - Supply Rd DAVEYM. Section 401/404 Brunswick County, NC Resource Group Delineation Map Date: October 26, 2022 3805 Wrightsville Avenue Wilmington, NC 28403 Preliminary Sketch y DRGNCW22.437 (910) 452-0001 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET - Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 4600 Southport Supply Rd City/County: Southport/Brunswick Sampling Date: 10/20/22 Applicant/Owner: KDA Investments State: NC Sampling Point: DP1-Up Investigator(s): Corey Novak Section, Township, Range: Landform (hillside, terrace, etc.): Micro Ridge Local relief (concave, convex, none): Convex Slope (%): 2 Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 33.958575 Long:-78.068868 Datum: NAD83 Soil Map Unit Name: Murville fine sand NWI classification: PFo3/4Bd Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (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 Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: According to Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network, normal conditions were present at the time of the field work. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) Soil Cracks (136) _Surface Water (All) _Aquatic Fauna (B13) —Surface _Sparsely Vegetated Concave Surface (B8) _ 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 (C2) —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 Imagery (C9) _Algal Mat or Crust (B4) _Thin Muck Surface (C7) _Geomorphic Position (D2) —Iron Deposits (B5) —Other (Explain in Remarks) —Shallow Aquitard (D3) —Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) Water -Stained Leaves (B9) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: No OWT visible in top 24" 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 Tree Stratum (Plot size: 30' Radius ) 1. Pinus palustris 2. Pinus serotina 3. Gordonia lasianthus 4. 5. 6. 7. 8. 50% of total cover: 30 Saplinq/Shrub Stratum (Plot size: 30' Radius ) 1. Gordonia lasianthus 2. Lyonia lucida 3. 4. 5. 6. 7. 8. Absolute Dominant Indicator % Cover Species? Status 20 Yes FACU 10 No FACW 30 Yes FACW 60 =Total Cover 20% of total cover: 12 10 Yes FACW 20 Yes FACW 30 =Total Cover 50% of total cover: 15 20% of total cover: 6 Herb Stratum (Plot size: 30' Radius ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 50% of total cover: Woody Vine Stratum (Plot size: 30' Radius ) 1. 2. 3. 4. 5. Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 4 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 75.0% (A/B) 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) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is !2.0' 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. _=Total Cover Woody Vine - All woody vines greater than 3.28 ft in 20% of total cover: height. =Total Cover 50% of total cover: 20% of total cover: Remarks: (If observed, list morphological adaptations below.) No herbaceous layer. Recently mowed. Hydrophytic Vegetation Present? Yes X No 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) % Type' LoC2 Texture Remarks 0-10 10YR 3/1 Sandy 60% coated 10-24 10YR 5/1 Sandy 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _ 2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 153B, 153D) —Coast Prairie Redox (A16) _ Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) —Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) _ Reduced Vertic (F18) —Organic Bodies (A6) (LRR P, T, U) _ Depleted Matrix (F3) (outside MLRA 150A, 150B) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) —Piedmont Floodplain Soils (F19) (LRR P, T) —Muck Presence (A8) (LRR U) _ Depleted Dark Surface (F7) —Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 153B) _ Depleted Below Dark Surface (Al 1) —Marl (F10) (LRR U) _ Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) —Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) _ Barrier Islands Low Chroma Matrix (TS7) —Sandy Gleyed Matrix (S4) —Delta Ochric (F17) (MLRA 151) (MLRA 153B, 153D) —Sandy Redox (S5) Reduced Vertic (F18) (MLRA 150A, 150B) —Other (Explain in Remarks) —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 149A) _Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes No X ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET - Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 4600 Southport Supply Rd City/County: Southport/Brunswick Sampling Date: 10/20/22 Applicant/Owner: KDA Investments State: NC Sampling Point: DP1-Wet Investigator(s): Corey Novak Section, Township, Range: Landform (hillside, terrace, etc.): Pocosin Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 33.958815 Long:-78.068628 Datum: NAD83 Soil Map Unit Name: Murville fine sand NWI classification: PFo3/4Bd Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (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 Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: According to Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network, normal conditions were present at the time of the field work. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) Soil Cracks (136) _Surface Water (A1) _Aquatic Fauna (B13) —Surface _Sparsely Vegetated Concave Surface (B8) _ 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 (C2) —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 Imagery (C9) _Algal Mat or Crust (B4) _Thin Muck Surface (C7) X Geomorphic Position (D2) —Iron Deposits (B5) —Other (Explain in Remarks) —Shallow Aquitard (D3) —Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) Water -Stained Leaves (B9) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes X No Depth (inches): 18 Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes X No (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 Tree Stratum (Plot size: 30' Radius ) 1. Pinus serotina 2. Gordonia lasianthus 3. 4. 5. 6. 7. B. Absolute Dominant Indicator % Cover Species? Status 30 Yes FACW 10 Yes FACW 40 =Total Cover 50% of total cover: 20 20% of total cover: 8 Saplinq/Shrub Stratum (Plot size: 30' Radius ) 1. Cyrilla racemiflora 30 Yes FACW 2. Ilex glabra 30 Yes FACW 3. Lyonia lucida 30 Yes FACW 4. 5. 6. 7. 8. 50% of total cover: 45 Herb Stratum (Plot size: 30' Radius ) 1. Ilex glabra 2. Lyonia lucida 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover: 20 Woody Vine Stratum (Plot size: 30' Radius ) 1. Smilax rotundifolia 2. 3. 4. 5. 90 =Total Cover 20% of total cover: 18 20 Yes FACW 20 Yes FACW 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% (A/B) 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) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is !2.0' 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. 40 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 20% of total cover: 8 height. 15 Yes FAC 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Remarks: (If observed, list morphological adaptations below.) No herbaceous layer. Recently mowed. Hydrophytic Vegetation Present? Yes X No 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) % Type' LoC2 Texture Remarks 0-24 10YR 211 Mucky Sand 100% coated 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _Histosol (Al) _Thin Dark Surface (S9) (LRR S, T, U) 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _ 2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 153B, 153D) —Coast Prairie Redox (A16) _ Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) —Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) _ Reduced Vertic (F18) —Organic Bodies (A6) (LRR P, T, U) _ Depleted Matrix (F3) (outside MLRA 150A, 150B) X 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) —Piedmont Floodplain Soils (F19) (LRR P, T) —Muck Presence (A8) (LRR U) _ Depleted Dark Surface (F7) —Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 153B) _ Depleted Below Dark Surface (Al 1) —Marl (F10) (LRR U) _ Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) —Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) _ Barrier Islands Low Chroma Matrix (TS7) —Sandy Gleyed Matrix (S4) —Delta Ochric (F17) (MLRA 151) (MLRA 153B, 153D) —Sandy Redox (S5) Reduced Vertic (F18) (MLRA 150A, 150B) —Other (Explain in Remarks) —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 149A) Surface (S7) (LRR P, S, T, U) Bright Floodplain Soils (F20) _Dark _Anomalous _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric Soil Present? Yes X No ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 M V t0 N N O L O a N � C D O 70 M O � NO Z N u N C N ❑ ON > N O N z � N U N O� D N C N �N O N � N Q NN N N O N N C ry � p � N � N L N p_N Q NN L N t6 N �clI I I O O] 0 7 N O rl (sopul) Ilp�uip\d 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List RCW SLOPES Manual Appendix B. Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 January 13, 2023 Kim Williams Davey Resource Group, Inc. 3805 Wrightsville Avenue Wilmington, NC 28403 RE: 4600 Southport Supply Rd Dear Kim Williams: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-20530 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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Jl�h Nr`�Fili' United States Department of the Interior n 7 L FISH AND WILDLIFE SERVICE tlRr-'' 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: January 20, 2023 Project Code: 2023-0036116 Project Name: 4600 Southport Supply Rd 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 01/20/2023 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 maybe 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. 01/20/2023 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 01/20/2023 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 01/20/2023 Project Summary Project Code: 2023-0036116 Project Name: 4600 Southport Supply Rd Project Type: Commercial Development Project Description: Commercial development Project Location: Approximate location of the project can be viewed in Google Maps: https:// www. google.com/maps/@33.96033435,-78.06850473893448,14z Counties: Brunswick County, North Carolina 01/20/2023 Endangered Species Act Species There is a total of 15 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 Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 Birds NAME STATUS Piping Plover Charadrius melodus Threatened 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 ru fa Threatened There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 01/20/2023 4 Reptiles NAME American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 STATUS Similarity of Appearance (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: littps://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/5523 Endangered 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 STATUS Magnificent Ramshorn Planorbella magni fica Proposed There is proposed critical habitat for this species. Your location does not overlap the critical Endangered habitat. Species profile: https://ecos.fws.gov/ecp/species/6216 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 01/20/2023 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 STATUS Endangered Rough -leaved Loosestrife Lysimachia asperulae folia Endangered No critical habitat has been designated for this species. Species profile: littps://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 Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 01/20/2023 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Ace and the Bald and Golden Eagle Protection Actz. 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 Treated 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. BREEDING NAME SEASON Bachman's Sparrow Aimophila aestivalis Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 30 and Alaska. https://ecos.fws.gov/ecp/species/6177 Bald Eagle Holiaeetus leucocepholus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. 01/20/2023 NAME BREEDING SEASON Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9679 Painted Bunting Posserina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15 (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocepholus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA 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. 01/20/2023 How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC BCC angs Sparrow +--+ 1 I I it 1111111111111111---- ---- --- BCC Rans Sparr 4 +4 ---- I -- (CON) Bald Eagle ISO No OF, loll hill 1111 L-±+ +-++ -++�++ �� Non -BCC ++ IIII IIII IIII IIII Vulnerable 01/20/2023 4 Nuthatch Brown -headed U-1 EU Al _+11 +1111111111111111111 EU —�-- -A BCC - BCR -- Kentucky Warbler 1 +--+ BCC Rangewide ++�—----++' I I I + —++� ��-- ---- ---+ (CON) Lesser Yellowlegs BCC Rangewide++' ++++ ++++ +++— ��++ —++— — — — — — — — — ---+ (CON) Painted 4+4 — ---- —+1I IIII 11111111 IN-4- -++— — — — — — — — — ---+ BBuRndng BCC Prairie Warbler 4+4 — ---- ** 0*00 �r —+" will +tt++ + +— ��++ —"� ��-- ---- ---+ BCC Rangewide (CON) Prothonotary Warbler. 1 1 1 -+— — — — — — — — — ---+ BCC Rangewide (CON) Red-headed Woodpecker 1 T I + ++'— —'++—++—'--- — — — — ---1 BCC Rangewide (CON) Rusty Blackbird '+— ---- —+++ ++++ ++++ +++— ­++ —++— — — — — — — — — ---+ BCC-BCR 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-mig-ratorv-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf 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. 01/20/2023 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 (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the 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 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 (SCRs) in the continental USA; and 01/20/2023 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 Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell 01/20/2023 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. 01/20/2023 IPaC User Contact Information Agency: Davey Resource Group Name: Kim Williams Address: 3805 Wrightsville Avenue; Suite 15 City: Wilmington State: NC Zip: 28403 Email kwilliams@lmgroup.net Phone: 9104520001 RCW SLOPES Manual — North Carolina March 2022 Appendix B — Red -cockaded Woodpecker Effects Determination Key 4600 Southport -Supply Rd ORM2 No.: USFWS Reference No. (if applicable): Date : 1/26/23 US A Army Corps of Engineers - 1) Is the action areal located within the RCW consultation area (see Appendix A and project -specific results from a project -specific IPaC or internal USACE GIS review)? a) Yes......................................................................................................................................... go to 2 b) No...................................................................................................................................... No effectZ 2) Is the action areal located in the northeastern coastal plain (see Appendix A)? a) Yes.......................................................................................................................................... go to 3 b) No (the project is located in piedmont, sandhills, or southeastern coastal plain) .................go to 4 3) Is the action areal located in a forested area with pine trees present in northeast North Carolina (e.g., high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes, are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table 1 for a description of the minimum dbh of 30-year-old pines associated with each community type). If the answer to both of these questions is yes, choose Yes below. If the answer to one or both questions is no, then choose No below. a) Yes.......................................................................................................................................... go to 8 b) No...................................................................................................................................... No effectZ 4) Is the action areal located within suitable RCW foraging or nesting habitat (pine or pine/hardwood stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30 years of age or older or >_8-inches dbh')? a) Yes.......................................................................................................................................... go to 5 b) No...................................................................................................................................... No effectZ 5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh; or will any activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office. a) Yes (to one or both)............................................................................................................... go to 6 b) No............................................................................................................................................ NLAA' 12 RCW SLOPES Manual — North Carolina March 2022 6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)? a) Yes........................................................................................................................................... go to 9 b) No............................................................................................................................................goto7 7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be impacted by any activity in the action areal? a) Yes......................................................................................................................................... go to 9 b) No............................................................................................................................................ NLAA3 8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal. Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in the action areal, or is the action areal within 200 feet of a cavity tree? If the answer to either of these questions is yes, choose Yes below. If unable to determine the location of a cavity tree with confidence, then contact the USFWS Raleigh Field Office. a) Yes......................................................................................................................................... go to 9 b) No............................................................................................................................................ NLAA3 9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey is necessary (for a list of USACE representatives please see the contact list at http://saw- reg.usace.army.mil/FO/PM List.pdf). Note that project -specific information, such as a delineation of waters of the U.S., project plans, and details concerning certain activities on disturbances that would occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may be needed for the USACE to determine the action area(s)l of the project. If a survey is required and agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action areal should be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such surveys are conducted by running line transects through stands and visually inspecting all medium- sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all trees are inspected and are run north -south. Was a survey performed? a) Yes, a survey was performed, and RCW cavity trees were observed .................................... go to 10 b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the results (no RCW cavity trees were observed).......................................................................... NLAA3 c) No, the USACE determined that a survey was not required and the USFWS concurred................................................................................................................................. NLAA3 d) No, a survey was not performed....................................................................Consultation required' 10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then consultation is required. a) Yes.................................................................................................................Consultation required' b) No......................................................................................................................................... go to 11 13 RCW SLOPES Manual — North Carolina March 2022 11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat would remain for each RCW group post -project? For information on how to conduct an FHA', refer to the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.' a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred that adequate amounts of foraging habitat would remain post -project ...................................... NLAA3 b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined inadequate amounts of foraging habitat would remain post -project Consultation required' c) No, an FHA' has not been conducted..........................................................Consultation required' 'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action. For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.miI/FO/PMList.pdf. 'No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the project as described. 3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits, submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations. 4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey protocol (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/survey protocol.pdf) -'Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the contact list at http://saw-reg.usace.army.miI/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is necessary to discern if the activity would result in a "no effect," "not likely to adversely affect," or "likely to adversely affect" determination. 6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecovery/matrix.html) and for determining foraging habitat availability(https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf). 'Follow link for additional information regarding determination for adequate amount of foraging habitat (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf). 8 FHA —When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence Additional Information Uplands within the site contain an even mix of pines and loblolly bays in the overstory and a fairly dense shrub layer of bays and fetterbush. Wetlands contain a canopy of pond pines and are densely vegetated. Therefore, the site does not appear to provide suitable habitat for the RCW. 14 6.0 LCFUMB CREDIT ACCEPTANCE LETTER LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY January 24, 2023 TO: KDA Investments, Inc. FROM: Lower Cape Fear Umbrella Mitigation Bank c/o Dan Durler c/o Davey Resource Group Inc 380 Hamilton Drive SW 3805 Wrightsville Avenue, Suite 15 Bolivia NC 28422 Wilmington, NC 28403 Project: 4600 Southport Supply Road (Brunswick County, NC) Dear Mr. Durler: Pursuant to the recent credit request submitted on your behalf, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed non - riparian wetland impacts associated with 4600 Southport Supply Road (Brunswick County, NC). This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type I Credits Reserved I Fee Per Unit Fee Stream Non -Riparian Wetland we 1.0 $646.12 $70,939.17 Riparian (Riverine) Wetland I 0.0 I $70,939.17 $0.00 $70,939.17 $0.00 Total Fee' $70,939.17 Based upon receipt of your email transmitted on January 24, 2023, LCFUMB will reserve 1.0 non -riparian wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $70,393.17. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at christian.preziosi@davey•com Sincerely, Davey Resource Group Inc. (agent for LCFUMB) Christian Preziosi Principal Consultant