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HomeMy WebLinkAbout20230474 Ver 1_600 S. Third St_PCN Supporting Docs_20230329Find A Parcel 3/29/2023, 11:33:41 AM 1:500 Property Owners Addresses Roads Municipal Boundaries Parcel Boundaries Dimensions ROW Dimensions Property 0 0 0.01 0 0.01 0.01 0.02 km illyY "il The information made available by this service originates from the county's building permitting and inspections records. This GIS rendering is refreshed on a monthly basis., New Hanover County, NC NHC GIS Services New Hanover County, NC LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY March 14, 2023 TO: Headwater Environmental FROM: Lower Cape Fear Umbrella Mitigation Bank c/o Nick Creidler c/o Davey Resource Group Inc 1121 Military Cutoff Suite C #306 3805 Wrightsville Avenue, Suite 15 Wilmington NC 28405 Wilmington, NC 28403 Project: 600 South 3rd Street (New Hanover County, NC) Dear Nick: Pursuant to your recent credit request, 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 the 600 South 3rd Street project (New Hanover 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 Credits Reserved Stream Non -Riparian Wetland Riparian (Non- Riverine) Wetland M 0.08 Gil] Fee Per Unit $646.12 $70,939.17 $70,939.17 Total Fee Fee $0.00 $5,675.13 $0.00 $5,675.13 Based upon receipt of your email transmitted on March 13, 2023, LCFUMB will reserve 0.08 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 $5,675.13. 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) CIITr/� r J l 1 Christian Preziosi Principal Consultant LEGEND: C - EXISTING PROPERTY CORNER = EXISTING CONTOURS NEIGHBORING PROPERTIES TIE LINE CENTER LINE SUBJECT PARCEL PROPERTY LINE 15" CONCRETE STORM DRAIN PIPE \\\yo,\Illlllllll 11111 APP"' -•" T, ' EAL - r L-5108 �r �Af 2 — 3 1 —220: -S- 0 . SU RvU '-' Y< J� N M. M d�F AF F,VTrLL00\lom IIIIII XIYOn FFF—TIE LINE S 20'35'49" W 49,97' TO EXISTING 1/2" PIPE DI#1(STORM DRAIN DROP INLET) TOP=2 98' INV IN(W)15"RCP=062' INV IN(E)15"RCP=064' INV OUT(S)15"RCP=0 47' OS —SANITARY SEWER MANHOLE TOP RIM=320' J =WATER BLOW OFF NET ASHBACHER, STEVEN & SUSAN Did6306 PG 666 SURVEYOR CERTIFICATION I certify that this map was drawn under my supervision from an actual survey made under my supervision; that the boundaries not surveyed are indicated as drawn from information in deed book 6585 page 168: that the ratio of precision or positional accuracy is 1:10,000 and that this map meets the requirements of The Standards of Practice for Land Surveying In North Carorine (21 NCAC 56,1600). This 31st day of December, 2g22, JoshurlM, McKittrick, PLC P G rg3 Mg 2 N/F LENNON, JOHN & ANGELA DB 6256 PG 303 NOTES: 1. SURVEY WAS PERFORMED ON DECEMBER 31, 2022, 2_ AREAS SHOWN WERE CALCULATED BY COORDINATE METHOD. 3, SURVEY DONE WITHOUT THE BENEFIT OF A CERTIFIED TITLE REPORT AND IS SUBJECT TO ANY EASEMENTS OR RESTRICTIONS OF RECORD. 4, THIS SURVEY IS OF EXISTING CONDITIONS. 5_ SUBJECT PROPERTY REFERENCED AT Did 6585 PG 168 ME 2 PG 133, 6, THIS SURVEY IS OF AN EXISTING PARCEL OF PROPERTY AND DOES NOT CREATE A SUBDIVISION, 7, ZONED R-1—WB. 8_ ADDRESSES SHOWN ARE PRELIMINARY_ 9, ELEVATIONS SHOWN ARE BASED ON CPS OBSERVATIONS USING NCVRS DATA AND ARE ON NAVD-88 DATUM. 10, WETLAND LOCATIONS WERE PROVIDED BY HEADWATER ENVIRONMENTAL INC DATED 11/09/2022. EXITING 1/2PIPE S 20`35'0O 100.00' \/ 40 60 S 3RD TT LOTS 1&2 BLOCK 59 L_5_C0 Se-f`T�_ OR 0287 ACRES C RC WETLAND o 1 N ) 4,9722 SO FT QR �\ 0.114E ACRES FLOOD ZONE NOTE THIS PARCEL IS LOCATED WITHIN FLOOD ZONES _ AE_11 AS INDICATED ON FEAR FIRM PANEL NO 3130_ , MAP NO, _ 3720313000K WITH AN EFFECTIVE DATE OF _8TE28Z2018 ENISTING` 5 20°35'00" W 100.00' /2REB DITCH 15"RCP — —� --1-.0 — — — — — — — — — — — — — — — — 1.r H2O EXITING /2PIPE 0 0 I Of 0 TH N J� RC 0 z F, I I I ----F1I5"RCP---� —DI#1 BENCHMARK 15" RCP 23- MAC NAIL INV=0.96' — PAVEMENT 15" RCP ELEV=3.42 INV=Q96' S SAD ST ml 50' RIGHT OF WAY TOPOGRAPHIC LOT SURVEY " %ml Joshua V, VcKiffrick Date : 12/31/22 600 S 3RD STREET Lond Surveying, PLLC scale: 1"-25' LOTS 1 &2 — BLOCK 59 — CAROLINA BEACH SAD Drawn : JMM TOWN OF CAROLINA BEACH 'DA4 809 Windgate Drive Firm NO.: 1608 Chh: JMM FEDERAL POINT TOWNSHIP Wilmington, North Carolina (910)231-5339(CELL) 28412 Prof. Noa22912 NEW HANOVER COUNTY, NO LEGEND: — EXISTING PROPERTY CORNER = EXISTING CONTOURS NEIGHBORING PROPERTIES TIE LINE CENTER LINE SUBJECT PARCEL PROPERTY LINE = 15" CONCRETE STORM DRAIN PIPE TIE LINE S 20'35'49" W 49,97' TO EXISTING 1/2" PIPE DI#1(STORM DRAIN DROP INLET) TOP=2 98' ITV IN(W)15"RCP-0.62' ITV IN(E)15"RCP-0.64' ITV OUT(S)15"RCP-0.47' *-SANITARY SEWER MANHOLE TOP RIM-3.20' -WATER BLOW OFF N/F ASHBACHER STEVEN & SUSAN DB 6306 PG 666 NOTES: 1. SURVEY WAS PERFORMED ON DECEMBER 31, AD= 2, AREAS SHOWN WERE CALCULATED BY COORDINATE METHOD, 3, SURVEY DONE WITHOUT THE BENEFIT OF A CERTIFIED TITLE REPORT AND IS SUBJECT TO ANY EASEMENTS OR RESTRICTIONS OF RECORD, 4. THIS SURVEY IS OF EXISTING CONDITIONS_ 5. SUBJECT PROPERTY REFERENCED AT DID 6585 PG 16B MB 2 PG 133, 6, THIS SURVEY 15 OF AN EXISTING PARCEL OF PROPERTY AND DOES NOT CREATE A SUBDIVISION_ 7, ZONED R-1-WB. 8_ ADDRESSES SHOWN ARE PRELIMINARY, 9. ELEVATIONS SHOWN ARE BASED ON SPA OBSERVATIONS USING NCVRS DATA AND ARE ON NAVD-88 DATUM. 10_ WETLAND LOCATIONS WERE PROVIDED BY HEADWATER ENVIRONMENTAL INC DATED 11/09/2022, / S 20'35'00" W 50.00' FLOOD ZONE NOTE THIS PARCEL IS LOCATED WITHIN FLOOD ZONES _ AE_il_ AS INDICATED ON FEMA FIRM PANEL NO, 3130_ , MAP NO, _ J720JI3000K WITH AN EFFECTIVE DATE OF _ /28,SZ EXISTING 1/2" PIPE Mg 2 N/F LENNON, JOHN & ANGELA DB 6256 PG 303 EXISTING 1/2" PIPE S 20'35'00" W 50.00' -EXISTINC 1/2" REBA 4� �10' REAR � .eacK TBAI ARID I ST— W LOT 2 BLOCK 59 6,250 SO FT 2 OR 0.143 ACRES PE" o N III �I . PROPOSED SINGLE FAMILY HOME 4,017 SF WETLANDS =A o \ O N r CD PROPOSED -SINGLE FAMILY HOME 1 9z �I IMPERVIOUS -CONCRETE ; , •. 1 AREA: DRIVEWAY `n W --LOT LOT 2 _ ZZ m� z � 955 SF WETLANDS LOT 1 I ' 4'0 114+ SOFTR 1,6 6 S.F. `" .,IMPERVIOUS BUILDING AREAL 1498 S.F. I IMPERVIOUS BUILDING . AREA 1477� L \ -20 F 0 - '�� 20 FRONA S€TB = `- - - IMPERVIOUS" _-____-_ ) - `3EWB-A CO / ' AREA' . OaEo oPoE �„ • CONCRETE DRIVEWAY 602 S 3RD STREET ) 600 S 3RD STREET EXISTING S 0°35'00" W >50a 0' EXISTING S 20'35'00" W 50.00' EXISTNG /2' EBA 1/2" REBA 1/2" REBAR DITCH 15"RCP _5„RCP_- --------------- BENCHMARK 15" RCP 2� MAG NAIL INV-0.96' PAVEMENT 15" RCP a ELEV-3.42' INV-0.96' S 3RD ST �I n PROPOSED SO' RIGHT OF WAY VJ 313OZ = 1'-0" TOPOGRAPHIC ROT SURVEY 4), MARLM CONSTRUCTION 600 AND 602 S 3RD STREET LOTS 1 AND 2 BLOCK 59 CAROLINA BEACH INC PROPOSED WETLAND I M PACT Issue Date A 108-2 3/32" = V-0" 3/10/2023 9:08:12 AM Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW- Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: 600 and 602 S Third Street 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The site consists of two parcels identified as R09010-014-010-000 and R09010-014-019-000 located at 600 and 602 S. Third Street in Carolina Beach, North Carolina. The proposed project is to construct a single family dwelling on each of the parcels. A wetland depression spans both parcels and encompasses 0.11-acre of the 0.28-acre site. The wetlands are being proposed to be filled in order to construct the dwellings. The dwellings will not utilize any shared infrastructure. Two separate Nationwide Permit 18 are being submitted, one per parcel. 4. Property Owner / Applicant [PCN Form A3 or A4]: Erick Waggoner and Joseph Redmond IV 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Headwater Environmental, Inc 6. Related Action ID Number(s) [PCN Form 135b]: n/a 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 600 and 602 S. Third Street, Carolina Beach, NC 8. Project Location —Tax Parcel ID [PCN Form Bla]: R09010-014-010-000 and R09010-014-019-000 9. Project Location — County [PCN Form A2b]: New Hanover 10. Project Location— Nearest Municipality or Town [PCN Form A2c]: Carolina Beach 11. Project Information —Nearest Waterbody [PCN Form 132a]: Atlantic Ocean 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 03030005 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit ✓ Nationwide Permit 9 18 Regional General Permit 9 L✓J Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 urisdictional Determination Reauest US Army Corps of Engineers Wilmington DHStrict This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegLilator3 PermitProgram/Contact/CouniyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 600 and 602 S. Third Street City, State: Carolina Beach, North Carolina County: New Hanover County Parcel Index Number(s) (PIN): R09010-014-010-000; R09010-014-019-000 B. REQUESTOR INFORMATION Name: Nick Creidler Mailing Address: 1121 Military Cutoff Rd, Suite C #306 Wilmington, NC 28405 Telephone Number: 910-777-8386 Electronic Mail Address: nick@headwaterenvironmental.com Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION' Name: Erick Waggoner and Joseph Redmond Mailing Address: 11212 Island Point Road Charlotte, NC 28278 Telephone Number: 719-331-9594 (Erick) Electronic Mail Address: erick@replicant.ai ; jcredmond4@gmail.com ' Must provide completed Agent Authorization Form/Letter. z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 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. Nick Creidler Print Name Capacity: ❑ Owner ❑✓ Authorized Agent' 3/16/23 Date U �( Signature E. REASON FOR JD REQUEST: (Check as many as applicable) PigI intend to construct/develop a project or perform activities on this parcel which would be ned to avoid all aquatic resources. ❑ 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. ✓❑ 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 initial 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 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. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT 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. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 0 I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02) . ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the • , review area. ✓❑ Size of Property or Review Area 0.28 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 34.029120 Longitude:-77.898162 zA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved) .6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary _lurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) s Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/iurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request 0 Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved jurisdictional Determination Forma W1 Vicinity Map zAerial Photograph z USGS Topographic Map Soil Survey Map 0 Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 0 Landscape Photos (if taken) NCWAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms FJ Other Assessment Forms www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/`ID/RGL 08-02 App A Prelim JD Form fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-PrograWjurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD) , which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Nick Creldler;1121Military Cutoff Rd, Suite C#306,Wilmington, NC28405 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: New Hanover city: Carolina Beach Center coordinates of site (lat/long in degree decimal format): Lat.: 34.029120 Long.:-77.898162 Universal Transverse Mercator: WGS 84 Name of nearest waterbody: Atlantic Ocean E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland 34.028992 -77.898208 0.11-acre Wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: 7.5-min Quadrangle: Carolina Bean, North Carolina (1997) Natural Resources Conservation Service Soil Survey. Citation: "RCSPrinted Soil Map Dated 1977,wSSaccessed 03/22 ■❑ National wetlands inventory map(s). Cite name: Figure 5 ❑ State/local wetland inventory map(s): ■FEMA/FIRM maps: Map # 3720313000K Dated August 28, 2018 El ■❑ 100-year Floodplain Elevation is: Photographs: ❑ Aerial (Name & Date): (National Geodetic Vertical Datum of 1929) or ■❑ Other (Name & Date): Site Photographs dated November 9, 2022 ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Nicholas Creidler Digitally signed by Nicholas C'eldIe' Date: 2023.03.17 15:41:12-04'00' Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. A� I � J • , l ;rye •' �r I1 11 r r 9: s � Y 39 32 a Headwater 3+71 / ENVIRONMENTAL INC. ■ s¢ Date: 3/16/2022 Prepared by: BSD 2'30" 22 FIGURE 1 TOPOGRAPHIC MAP 3710 South Third Street Site 600 and 602 South 3rd Street Carolina Beach, New Hanover County North Carolina Headwater Project # 202263 SOURCE USGS 7.5-minute Topographic Quadrangle Carolina Beach, North Carolina (1997) 3169 Contour Interval = 5 feet 1 inch = 2,000 feet LEGEND Site Boundary ae 3768 3767 27 Feet 0 1,000 2,000 4,000 11 _ • jr j1"An Y� ftt",ff11f m Bp � r' mu Ly TERMINAL +r' Mu Mu 1_e Q * e !+' R m Le P i, +1 Carolina Bench Id Ur M La Ly Le '�+ 1 Ly Le Ly Iton Beach Ly Q-e �+ e Ur Ur � r 10 Headwater 01 ENVIRONMENTAL INC. Date: 3/17/2022 Prepared by: BSD FIGURE 2 PRINTED SOIL MAP South Third Street Site 600 and 602 South 3rd Street Carolina Beach, New Hanover County North Carolina Headwater Project # 202263 SOURCE USDA Printed Soil Map New Hanover County, North Carolina Dated 1977 Map not to scale LEGEND Site Boundary Le Ly Le Le 0 " Headwater ENVIRONMENTAL INC. Date: 1 3/17/2022 Jfi TM I Prepared by: I BSD FIGURE 3 WEB SOIL SURVEY MAP South Third Street Site 600 and 602 South 3rd Street Carolina Beach, New Hanover County North Carolina W Headwater Project # 202263 SOURCE USDA Web Soil Survey ESRI World Basemap Imagery 1 inch = 200 feet LEGEND = Site Boundary Le Leon sand, 0-2% slope TM Ly Lynn Haven fine sand,0-2% slope TM Tidal marsh, 0-1%slope Ur Urban land W Wate r Feet 0 100 200 400 i P B x PSS3Ad ..OF Y j 4 � + � fi Fed_ _ 1 , r l PUB �J 2US M2 U0 f M1UBL 41 Headwater ENVIRONMENTAL INC. Date: 3/16/2022 Prepared by: BSD FIGURE 5 NATIONAL WETLANDS INVENTORY MAP South Third Street Site 600 and 602 South 3rd Street Carolina Beach, New Hanover County North Carolina Headwater Project # 202263 SOURCE USFWS National Wetlands Inventory Map ESRI World Basemap Imagery 1 inch = 500 feet LEGEND Site Boundary u Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Forested/Shrub Wetland Freshwater Pond Riverine Feet I 0 250 500 1,000 This is not a survey. All locations depicted on this figure are approximate. This Wetland Delineation was completed by Headwater Environmental, Inc. (Headwater) on November 9, 2022. The wetland locations were recorded with the Trimble Geo7x GPS device. Col umba Ave V S Third St d St I a '- ;;64. 1 At; Headwater ENVIRONMENTAL INC. Date: 11/10/2022 Revised 3/16/23 Prepared by: I NJC FIGURE 7 WETLAND DELINEATION MAP South 3rd Street Site 600 South 3rd Street Carolina Beach, New Hanover County North Carolina SOURCE Site Reconnaissance November 9, 2022 NC One Map Latest Orthoimagery, New Hanover County Parcels, NC Streets 1:450 IXrl=1kiIC 0 Site boundary Wetland o Wetland point • Data point Aquatic Resource Table Wetland A: 0.11-acre 600 S Third St: 0.02-acre wetlands 602 S Third St: 0.09-acre wetlands "Note: Calculations performed in ArcGIS Pro. Feet 0 15 30 60 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: 600 and 602 S Third Street City/County: Carolina Beach / New Hanover Sampling Date: 11/09/22 Applicant/Owner: Erick Waggoner State: NC Sampling Point: DP-1 Investigator(s): NJC Section, Township, Range: Landform (hillside, terrace, etc.): depression Local relief (concave, convex, none): concave Slope (%): 1-2 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 34.0290275 Long:-77.8982361 Datum: NAD83 Soil Map Unit Name: TM - Tidal Marsh NWI classification: PEM/PSS 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 Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: DP-1 recorded within a slight depression on the central portion of the site. The site consists of an undeveloped residential lot in Carolina Beach with all surrounding properties already developed with dwellings. According to Antecedent Precipitation Tool, severe drought conditions present at the 11/09/2022 site reconnaissance. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) High Water Table (A2) Marl Deposits (1315) (LRR U) Drainage Patterns (B10) _Saturation (A3) _Hydrogen Sulfide Odor (Cl) —Moss Trim Lines (B16) —Water Marks (131) —Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (133) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) X Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _ShallowAquitard (D3) —Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) Water -Stained Leaves (139) 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 X No Depth (inches): 16 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: DP-1 recorded within a depressional area. Saturation encountered at 16". Geomorphic (depression) and FAC-Neutral test meet the wetland hydrology indicators. According to Antecedent Precipitation Tool, severe drought conditions present at the 11/09/2022 site reconnaissance. 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: DP-1 Absolute Dominant Indicator Tree Stratum (Plot size: 30' ) % Cover Species? Status Dominance Test worksheet: 1. Pinus taeda 5 Yes FAC Number of Dominant Species 2. That Are OBL, FACW, or FAC: 7 (A) 3. Total Number of Dominant 4. Species Across All Strata: 7 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: 5 =Total Cover OBL species 45 x 1 = 45 50% of total cover: 3 20% of total cover: 1 FACW species 75 x 2 = 150 Sapling/Shrub Stratum (Plot size: 30' ) FAC species 40 x 3 = 120 1. Persea borbonia 10 Yes FACW FACU species 0 x 4 = 0 2. Baccharls halimifolia 20 Yes FAC UPL species 0 x 5 = 0 3. Column Totals: 160 (A) 315 (B) 4. Prevalence Index = B/A = 1.97 5. Hydrophytic Vegetation Indicators: 6. 1 - Rapid Test for Hydrophytic Vegetation 7. X 2 - Dominance Test is >50% 8. X 3 - Prevalence Index is :53.01 30 =Total Cover Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 15 20% of total cover: 6 Herb Stratum (Plot size: 30' ) 1. Osmunda regalis 45 Yes OBL 1 Indicators of hydric soil and wetland hydrology must be 2. Rubus argutus 10 No FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Arundinaria gigantea 60 Yes FACW 4. Osmunda regal/s Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of height. 6. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb - All herbaceous (non -woody) plants, regardless of 11. size, and woody plants less than 3.28 ft tall. 12. 115 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 58 20% of total cover: 23 height. Woody Vine Stratum (Plot size: 30' ) 1. Smilax laurlfolia 5 Yes FACW 2. Smilax rotundifolia 5 Yes FAC 3. 4. 5. Hydrophytic 10 =Total Cover Vegetation 50% of total cover: 5 20% of total cover: 2 Present? Yes X No Remarks: (If observed, list morphological adaptations below.) Hydrophytic vegetation present. ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 SOIL Sampling Point: DP-1 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 0-4 10YR 3/1 Mucky Sand 10% uncoated sand grains 4-16 10YR 3/1 90 10YR 8/1 10 D M Mucky Sand Depletions 16-20 10YR 3/1 Mucky Loam/Clay soil able to form and hold shape '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) X Sandy Mucky Mineral (S 1) (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) X Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) ? Polyvalue Below Surface (S8) (MLRA 149A, 153C9 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): Hydric Soil Present? Yes X No Remarks: Hydric soil present ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 U.S. Army Corps of Engineers OMB Control A 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: AR335-15, paragraph5-2a) Project/Site: 600 and 602 S Third Street City/County: Carolina Beach / New Hanover Sampling Date: 11/09/22 Applicant/Owner: Erick Waggoner State: NC Sampling Point: DP-2 Investigator(s): NJC Section, Township, Range: Landform (hillside, terrace, etc.): relatively flat Local relief (concave, convex, none): convex Slope (%): 1-2 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 34.0291488 Long:-77.8983210 Datum: NAD83 Soil Map Unit Name: Lynn Haven fine sand (Ly) NWI classification: n/a 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 Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: DP-2 recorded within an area of well drained soils upgradient of the depressional wetland. According to the Antecedent Precipitation Tool, severe drought conditions present at the time of the 11/09/2022 site reconnaissance. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) High Water Table (A2) Marl Deposits (B15) (LRR U) Drainage Patterns (B10) _Saturation (A3) _Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (B16) —Water Marks (131) —Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _Drift Deposits (133) _Recent Iron Reduction in Tilled Soils (C6) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _ShallowAquitard (D3) —Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) Water -Stained Leaves (139) 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: Wetland hydrology absent. According to the Antecedent Precipitation Tool, severe drought conditions present at the time of the 11/09/2022 site reconnaissance. 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: DP-2 Absolute Dominant Indicator Tree Stratum (Plot size: 30' ) % Cover Species? Status Dominance Test worksheet: 1. Pinus taeda 5 Yes FAC Number of Dominant Species 2. Acerrubrum 15 Yes FAC That Are OBL, FACW, or FAC: 8 (A) 3' Total Number of Dominant 4. Species Across All Strata: 10 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 80.0% (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: 20 =Total Cover OBL species x 1 = 50% of total cover: 10 20% of total cover: 4 FACW species x 2 = Sapling/Shrub Stratum (Plot size: 30' ) FAC species x 3 = 1. Persea borbonia 5 No FACW FACU species x 4 = 2. Baccharis halimifolia 25 Yes FAC UPL species x 5 = 3. Morella cer/fera 15 Yes FAC Column Totals: (A) (B) 4. Sambucus canadensis 10 No FACW Prevalence Index = B/A = 5. Magnolia vlrglnlana 15 Yes FACW Hydrophytic Vegetation Indicators: 6. Quercus nigra 5 No FAC 1 - Rapid Test for Hydrophytic Vegetation 7. Pinus taeda 5 No FAC X 2 - Dominance Test is >50% 8. Rosa multiflora 10 No FACU -3 - Prevalence Index is :53.01 90 =Total Cover Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 45 20% of total cover: 18 Herb Stratum (Plot size: 30' ) 1. Osmunda spectabilis 15 Yes OBL Indicators of hydric soil and wetland hydrology must be 2. Rubus argutus 10 Yes FAC present, unless disturbed or problematic. 3. Solidago canadensis 10 Yes FACU Definitions of Four Vegetation Strata: 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of height. 6. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb - All herbaceous (non -woody) plants, regardless of 11. size, and woody plants less than 3.28 ft tall. 12. 35 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 18 20% of total cover: 7 height. Woody Vine Stratum (Plot size: 30' ) 1. Campsis radicans 15 Yes FAC 2. Smilax rotundifolla 10 No FAC 3. Lonicera japonica 20 Yes FACU 4. Puerarla montana 10 No FACU 5. Hydrophytic 55 =Total Cover Vegetation 50% of total cover: 28 20% of total cover: 11 Present? Yes X No Remarks: (If observed, list morphological adaptations below.) Hydrophytic vegetation present. Kudzu was blanketing vegetation on the southwestern corner of the site, outside of the data plot, during the reconnaissance ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 VEGETATION Continued (Four Strata) - Use scientific names of plants. Sampling Point: DP-2 Absolute Dominant Indicator Tree Stratum % Cover Species? Status Definitions of Four Vegetation Strata: 9. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) 10. more in diameter at breast height (DBH), regardless 11. height. 12. Sapling/Shrub - Woody plants, excluding vines, le: 13. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 14. 15. Herb - All herbaceous (non -woody) plants, regardle 16. size, and woody plants less than 3.28 ft tall. 20 =Total Cover 50% of total cover: 10 20% of total cover: 4 Woody Vine - All woody vines greater than 3.28 ft i Sapling/Shrub Stratum height. 9. 10. 11. 12. 13. 14. 15. 16. 90 =Total Cover 50% of total cover: 45 20% of total cover: 18 Herb Stratum 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 35 =Total Cover 50% of total cover: 18 20% of total cover: 7 Woody Vine Stratum 6. 7. 8. 9. 10. 55 =Total Cover 50% of total cover: 28 20% of total cover: 11 Remarks: (If observed, list morphological adaptations below.) G FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 i or of ss ENGI FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 SOIL Sampling Point: DP-2 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 0-4 10YR 8/1 35 10YR 3/2 65 MS M Sandy 35% uncoated sand grains 4-6 10YR 7/1 Sandy 6-20 10YR 5/3 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 (S 1) (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, 153C9 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): Hydric Soil Present? Yes No X Remarks: Hydric soil absent ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 SITE PHOTOS Headwater Project #202263B Photographs taken on November 9, 2022 Photograph 3. DP-2, well drained area on the western portion of the site. Photograph 4. Non-hydric soil at DP-2. Headwater / ENV I R ON MENTAL INC. SUBMITTED VIA EMAIL: Raleigh@fws.gov March 17, 2023 U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, North Carolina 27636 910.777.3908 www.headwaterenvironmental.com Reference: 9-Step Biological Assessment 600 and 602 South Third Street Carolina Beach, New Hanover County, North Carolina Headwater Project #202263B To whom it may concern, On behalf of Erick Waggoner and Joseph Redmond IV (property owners), Headwater Environmental, Inc. (Headwater) is providing your office a courtesy copy of our 9-Step Biological Assessment. The site is located at 600 and 602 South Third Street in Carolina Beach, North Carolina. The site consists of two parcels identified as Parcel ID R09010-014-010-000 (0.14-acre) and R09010-014- 019-000 (0.14-acre) and are owned by Erick Waggoner and Joseph Redmond IV. The proposed project is to develop each of the parcels with a single-family dwelling. The final project layout and design is to be defined by Erick Waggoner and Joseph Redmond IV; their successors or assigns. Based on the assessment of the on -site conditions, it is Headwater's opinion that he proposed project is not likely to result in the incidental take of a federally listed threatened or endangered species. Additionally, Headwater has determined that the requirements of Section 7 of the Endangered Species Act; and the Bald and Golden Eagles Protection Act (the Eagle Act) have been satisfied. The project is also in compliance with Programmatic Biological Opinion on the 4(d) Rule for the NLEB. We appreciate the opportunity to provide a copy of our review. Please contact us at (910)777- 3908 if you have questions or require additional information. Sincerely, Headwater Environmental, Inc. C. Paul Pascarosa President Nick Creidler Project Manager Biological Assessment Headwater Project # 202263B March 17, 2023 Attachments: 9-Step Outline and Process Figures 1 and 2 Photographs North Carolina Natural Heritage Database Review, November 10, 2022 IPAC Species List Letter, dated December 15, 2022 Species Conclusion Table, March 16, 2023 USFWS Self -Certification Letter, March 16, 2023 2 600 and 602 S. Third Street 9-Step Process Carolina Beach, New Hanover County, North Carolina Headwater Project #202263B Step 1: Action Area To determine the action area, mark the project footprint on a topographic map. Identify the range of impacts such as; ground disturbance, changes in water quality and quantity, air quality, lighting effects, and noise disturbance. The site is located at 600 and 602 South Third Street in Carolina Beach, North Carolina. The site consists of two parcels identified as Parcel ID R09010-014-010-000 (0.14-acre) and R09010-014- 019-000 (0.14-acre) and are owned by Erick Waggoner and Joseph Redmond IV. The proposed project is to develop each of the parcels with a single-family dwelling. The final project layout and design is to be defined by Erick Waggoner and Joseph Redmond IV; their successors or assigns. Step 2: Species List Use the USFWS Information, Planning, and Consultation (IPaC) system to determine if any listed, proposed, or candidate species may be present in the action area. Headwater utilized the IPaC system to obtain a copy of the federally listed threatened and endangered species for Jones County. A copy of the official species list is enclosed with this report. Step 3. State Coordination Determine whether a documented occurrence of any listed, proposed, or candidate species is within the action area by contacting the NHP. On November 10, 2022, Headwater performed a query of the NHP database. Headwater's query of the NHP database indicated there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. According to the NHP report, comfortroot (Hibiscus aculeatus) was previously documented on site in 1993. Comfortroot is a vascular wetland plant identified as state threatened species. Comfortroot is a large, long-lived perennial wildflower that grows between 3-6 feet tall with cream - colored flowers up to 3-4 inches across adorned with a deep purplish -red center. Flowering occurs from late spring through fall. The leaves are alternately arranged, palmate and scabrous with toothed margins. This wetland species is native to the southeastern United States and traditionally can be found growing along the edges of savannas, bogs, hydric to mesic pine flatwoods, and roadside ditches. The site is routinely mowed, disturbed, and occupied by several invasive plant species such as kudzu (Pueraria montana) and Japanese honeysuckle (Lonicera japonica). Headwater did not observe any comfortroot specimens during the site reconnaissance. It is Headwater's opinion that this species, documented as being observed on site 30 years ago, is no longer present. Step 4: Suitable Habitat Determine whether listed/proposed/candidate species may occur based on the habitat present within the action area for each species on the species conclusion table. Review the species information provided in IPaC, and the information provided by NHP, to determine whether the action area contains suitable habitat for each species. The site can be classified into two (2) habitat areas: 1. Scrub/shrub Thicket 2. Palustrine Emergent (PEM) Wetland Scrub/shrub Thicket This habitat exists on the western portion of the site in areas of well drained soils. The site has been routinely mowed in the past. The understory vegetation was overgrown at the time of the November 2022 reconnaissance. The vegetation is dense with very few (<5) loblolly pine (Pinus taeda) trees remaining. Sapling and shrub species observed include red maple (Acer rubrum), red bay (Persea borbonia), groundsel tree (Baccharis halimilfolia), American elderberry (Sambucus canadensis), magnolia (Magnolia virginiana), loblolly pine, and multifloral rose (Rosa multiflora). Herb and vine species observed include royal fern (Osmunda spectablis), blackberry (Rubus argutus), goldenrod (Solidago canadensis), trumpet vine (Campsis radicans), greenbrier (Smilax rotundifolia), Japanese honeysuckle (Lonicera japonica), and kudzu (Pueraria montana). PEM Wetland This habitat exists in a depressional feature on the central and southeastern portions of the site. The site is routinely mowed. The vegetation is dense and consists mainly of giant cane (Arundinaria gigantea). A single mature loblolly pine tree, that has been storm damaged, remains within the wetland area. Other species observed in the wetland area include groundsel tree, red bay, royal fern, blackberry, laurel leaf greenbrier (Smilax laurifolia), common greenbrier. FEDERALLY LISTED SPECIES The Endangered Species Act of 1973 is a key legislation for both domestic and international conservation. The act aims to provide a framework to conserve and protect endangered and threatened species and their habitats. The USFWS lists fourteen (14) species as threatened or endangered for New Hanover County, North Carolina: COMMON NAME SCIENTIFIC NAME TAXONOMIC GROUP FEDERAL STATUS West Indian manatee Trichechus manatus Mammal T Northern long-eared bat Myotis septentrionalis Mammal E Red -cockaded woodpecker Picoides borealis Bird E Red Knot Calidris canutus rufa Bird T Piping plover Charadrius melodus Bird T Eastern Black Rail Laterallus jamaicensis Bird T American alligator Alligator mississippiensis Reptile T Green Sea Turtle Chelonia mydas Reptile T Kemp's Ridley Sea Turtle Lepidochelys kempii Reptile E Leatherback Sea Turtle Dermochelys coriacea Reptile E K Loggerhead Sea Turtle Caretta Caretta Reptile T Cooley's Meadowrue Thalictrum cooleyi Flowering Plant E Rough -leaved Loosestrife Lysimachia asperulaefolia Flowering Plant E Seabeach Amaranth Amaranthus pumilus Flowering Plant T E: Endangered, T: Threatened West Indian manatee (Trichechus manatus) The West Indian manatee is a slow -moving aquatic mammal with a rounded body, gray to brown skin, flexible flippers, and a large rounded horizontally flattened tail. Adults are usually 10-13 feet in length. Habitat includes shallow coastal waters, estuaries, bays, rivers, and lakes. Throughout most of their range, manatees appear to prefer riverine and estuarine habitats. Manatees are not averse to traveling through dredged canals or quiet marinas. Northern long-eared bat (Myotis Septentrionalis) The northern long-eared bat is a medium-sized bat averaging three and half inches in length but with a wingspan of nine to ten inches. It is distinguished by its long ears. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. It has also been found, rarely, roosting in structures like barns and sheds. Northern long-eared bats spend winter hibernating in large caves and mines with large passages. Specific areas where they hibernate have very high humidity, so much so that droplets of water are often seen on their fur. Northern long-eared bats emerge at dusk to fly through the understory of forested hillsides and ridges feeding on moths, flies, leafhoppers, caddisflies, and beetles, which they catch while in flight using echolocation. This bat also feeds by gleaning motionless insects from vegetation and water surfaces. Red knot (Calidris canutus rufa) The red knot is a medium sized shorebird typically nine to 11 inches in length. This species is a long distance migratory bird. Nesting areas are generally located generally in dry, slightly elevated tundra locations. Nonbreeding red knots have been recorded during the summer months along the barrier islands of the U.S. Atlantic and Gulf coasts. Piping plover (Charadrius melodus) The piping plover is a small sand -colored, sparrow sized bird that is found on ocean beaches, sand flats, or algal flats in protected bays. Piping plovers are most abundant on expansive sandflats, sandy mudflats, and sandy beaches in close proximity to the ocean. This species breeds on sandy upper beaches, especially where scattered grass tufts are present, and sparsely vegetated shores and islands of shallow lakes, ponds, rivers, and impoundments. Nests may also be built on sandy open flats among shells or cobble behind foredunes. Eastern black rail (Laterallus jamaicensis) The eastern black rail is a small marsh bird, no bigger than a sparrow. It can be found on in tidal marshes, among salicornia growths along the coast, or inland on grassy marshes. It favors very shallow water, or damp soil with scattered puddles. The eastern black rail primarily walks or runs through the marsh and is rarely seen in flight. It is believed that the black rail forages primarily during the day feeding on insects, spiders, small crustaceans, snails, and seeds found in the marsh. Nests are constructed of marsh plant material into a cup shape with a domed top woven over it. Nests are typically located slightly above the ground or in shallow water in a clump of vegetation. A ramp of dead vegetation typically leads from the nest entrance to the ground. Habitat loss is the primary threat to the black rail. Red -cockaded woodpecker (Picoides borealis) Red-cockcaded woodpeckers (RCWs) are relatively small, adults are six to nine inches long. They are white and black, with a white cheek patch and black crown. Their breast and bellies are white to greyish -white. The difference between adult males and females is the presence of the red cockade at the upper portion of the head, behind the eyes (often not visible in the field). Suitable foraging habitat consists of large mature pines, little or no mid -story, and abundant herbaceous groundcover. The understory of these pine woodlands and savannahs are generally suppressed by regular fire (one to ten-year intervals). Large old pines are required for roosting and nest cavities. Longleaf pine (Pinus palustris) is preferred, but the RCW is known to roost in most of southern pine species; loblolly (Pinus taeda), shortleaf (Pinus echinata), slash (Pinus ellioti), pond pine (Pinus rigida), and even bald cypress (Taxodium disthicus). The average age of cavity trees ranges from 60 to 125 years for longleaf pine, 70-90 years for loblolly pine, 75-150 years for shortleaf pine, 50-130 years for pond pine, and greater than 70 years for slash pine. American alligator (Alligator mississippiensis) The American alligator is a large aquatic reptile with broadly rounded snout lacking conspicuous upward -protruding teeth. The maximum total length is about 19 feet, but alligators today are generally 13 feet. American alligators inhabit fresh and brackish marshes, ponds, lakes, rivers, swamps, bayous, canals, and large spring runs. These water bodies must have ample prey to serve as a food source. They often bask on partially submerged logs or on land next to the water. Alligators dig dens (i.e. gator holes) in river or lake margins or in marshes; they spend cold winter and drought periods in the den. Sea Turtles: Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Kemp's Ridley sea turtle (Lepidochelys kemph), and Loggerhead sea turtle (Caretta caretta) These above referenced sea turtle species vary in size, shape, and color. They all generally inhabit a wide range of tropical and subtropical habitats, including shallow coastal waters and estuaries. Nesting occurs along deep sand beaches and well -drained elevated dune areas of barrier islands and mainland beaches. Cooley's meadowrue (Thalictrum cooleyi) Cooley's meadowrue occurs on circumneutral soils in grass -sedge bogs and wet pine savannahs and savannah like areas. It may also grow along fire plow lines, in roadside ditches, woodland clearings, and powerline right-of-ways, and needs some type of disturbance such as fire or mowing to maintain its open habitat. Rough -leaved loosestrife (Lysmachia asperulaefolia) This species generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins (areas of dense shrub and vine growth usually on a wet, peaty, poorly drained soil) on moist to seasonally saturated sands and on shallow organic soils overlaying sand. Rough -leaf loosestrife has also been found on deep peat in the low shrub community of large Carolina bays (shallow, elliptical, poorly drained depressions of unknown origin). The grass -shrub ecotone, where rough -leaf loosestrife is found, is fire -maintained, as are the adjacent plant communities (longleaf pine/scrub oak forests, pine savannahs, flatwoods, and pocosins). This species flowers from May to June and fruits in late summer, early fall. Seabeach amaranth (Amaranthus pumilus) This species occurs on barrier island beaches, where its primary habitat consists of overwash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches. The species needs extensive areas of barrier island beaches and inlets, functioning in a relatively natural and dynamic manner. C! Other Saecies of Concern Bald Eagle and Golden Eagle The Bald and Golden Eagle Protection Act originally passed in 1940, provides for the protection of the bald eagle and the golden eagle (as amended in 1962) by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit. This act is administered by the USFWS. HABITAT REVIEW Neither fresh or saltwater bodies of water, marsh, and dune habitats are present on site. Habitat for the west Indian manatee, red knot, piping plover, eastern black rail, sea turtles, American alligator, and seabeach amaranth are not present on site. Open pine savannah habitat required by Red -cockaded Woodpecker is not present on site. Mature forests and wooded areas are not present on site. Very few (5-10) mature pine and red maple trees remain along the western boundary. The trees appear to be between 15-20 years old based on their size. Habitat is present for NLEB is not present. Bogs, open pine savannahs, and/or pocosin wetlands are not present on site. Additionally, the site has been routinely mowed. Habitat for Cooley's meadowrue and rough -leaved loosestrife is not present. Step 5: Critical Habitat There is no critical habitat present within the action area. Step 6: Eagle Protection The bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagles Protection Act (the Eagle Act). The Eagle Act protects the bald from take and disturbance. The Bald and Golden Eagle Protection Act originally passed in 1940, provides for the protection of the bald eagle and the golden eagle (as amended in 1962) by prohibiting the take, possession, sale, purchase, barter, offer to sell, purchase or barter, transport, export or import, of any bald or golden eagle, alive or dead, including any part, nest, or egg, unless allowed by permit. This act is administered by the USFWS. An adult bald eagle has a white head, white tail, and large yellow bill; the remaining plumage is dark brown. Immature individuals are generally dark brown with light splotching. Bald eagles are a large bird of prey with a five to seven -foot wingspan. Breeding and roosting habitat is generally located near large bodies of water; such as, coastal areas, bays, rivers, lakes, etc. The bald eagle constructs large nests in tall mature trees or cliffs. Tree species vary greatly and include pines and hardwoods. The same nest may be used year after year. Winter roost sites vary in their proximity to food sources. Bald eagles are an adaptable species, and their habitat can be found throughout the United States. Neither a bald eagle specimen, sufficient foraging habitat, nor bald eagle roosts were observed at the site. Therefore, impacts to migratory birds and their habitat, including bald and golden eagles, are not anticipated with this project. Step 7: Northern long-eared bat (NLEB) The USFWS: Raleigh Field Office requires this species be taken into consideration due to relatively recent rise of "white nose syndrome" in this bat population. The northern long-eared bat (Myotis septentrionalis) is 3 to 3.7 inches long with a wingspan of nine to 10 inches. They are dark brown, with a pale underside. As its name suggests, this bat distinguishes itself by its long ears. In winter, the northern long-eared bats spend winter in caves and mines. In summer, the northern long-eared bat roosts underneath bark and cavities of trees. This bat has also been found roosting in barns and sheds. Northern long-eared bats emerge at dusk to feed. They primarily fly through the understory of forested areas feeding on moths, flies, leafhoppers, caddisflies, and beetles, which they catch while in flight using echolocation or by gleaning motionless insects from vegetation. Mature forests and wooded areas are not resent on site. Less than five loblolly pine trees remain on site. The trees appear to be between 15 and 20 years old and are overgrown with vines. Sufficient habitat does not appear to be present for NLEB. According to USFWS records, the NLEB is not known to be present in New Hanover County. Therefore, impacts to the federally listed species are not anticipated. Step 8: Determinations Refer to Species Conclusion table on the following page. Step 9: Project Review Package A courtesy copy of our Biological Assessment will be provided to the USFWS. Additional correspondence with the USFWS is not warranted at this time. C.1 • (� �,��� _i Headwater 34 0 Prepared by: TOPOGRAPHIC MAP Z Carolina Beach, New Hanover County North Carolina SOURCE 7.5-minute Topographic Quadrangle 69 .. 1 - ,'��►A77, -te'm- , tA �/ . ••• feet LEGEND Site Boundary 3768 3767 - BMW 01 Feet fir•0 �„ �„ SITE PHOTOS Headwater Project #202263B Photographs taken on November 9, 2022 Photograph 1. Facing west, depressional wetland on central portion of the site. Photograph 2. Facing east, depressional wetland in the foreground and scrub/shrub uplands in the background. SITE PHOTOS Headwater Project #202263B Photographs taken on November 9, 2022 Photograph 3. Facing west, scrub/shrub on western portion of the site. Photograph 4. Facing east, scrub/shrub area on western portion of the site. SITE PHOTOS Headwater Project #202263B Photographs taken on March 16, 2022 Photograph 3. Facing southwest, understory vegetation has been mowed. ,77 Photograph 4. Facing south along the western boundary, understory has been mowed. Roy Cooper, Governor 0■0■0 INC DEPARTMENT OF ■■0■o NATURAL AND CULTURAL RESOURCES ■ ■■■ November 10, 2022 Nick Creidler Headwater Environmental, Inc 1121 Military Cutoff Road, Suite C #306 Wilmington, NC 28405 RE. South 3rd, 202263B Dear Nick Creidler: D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-19948 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/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 nev.butlerWncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTh1EN7 OF NATURAL_ AND CULTURAL RESOVRCES Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 918.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area South 3rd Project No. 202263B November 10, 2022 NCNHDE-19948 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Common Name lement Accuracy Federal State Global State Group 2Observation Occurrence Status tatus Rank Rank i Date Rank Vascular Plant 21184 Hibiscus aculeatus Comfortroot 1993 E 3-Medium --- Threatened G4GS S1 No Natural Areas are Documented within the Project Area No Managed Areas Documented within the Project Area Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on November 10, 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 8 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area South 3rd Project No. 202263B November 10, 2022 NCNHDE-19948 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID 1[cientific Name M Common Name Element Accuracy Federal State Global State Grouio 09Observation Occurrence Status Status Rank Rank Bird 40189 Ammospiza caudacuta Saltmarsh Sparrow 2020-03-15 Bird 40185 Ammospiza caudacuta Saltmarsh Sparrow 2016-12-31 Bird 14376 Charadrius melodus Piping Plover - Atlantic 2007 melodus Coast subspecies Bird 8340 Passerina ciris Painted Bunting 2017-05-08 Freshwater Fish]2176 Acipenser Shortnose Sturgeon 2016-04-07 brevirostrum Freshwater Fish38937 Acipenser oxyrinchus Atlantic Sturgeon 2018-09 oxyrinchus Freshwater Fish9872 Heterandria formosa Least Killifish 1998-03-14 Mammal 36341 Condylura cristata Star -nosed Mole - 1956-11-16 pop. 1 Coastal Plain population Mammal 24390 Corynorhinus Eastern Big -eared Bat 2006-Pre rafinesquii macrotis Mammal 32126 Myotis septentrionalis Northern Long-eared 1994-Post Bat Mammal 17664 Trichechus manatus West Indian Manatee 2019-11-14 Moth 34047 Argyrostrotis Four -lined Chocolate 1994-09-04 quadrifilaris Moth Moth 26270 Cyclophora sp. 1 Sand -myrtle Geometer 1994-08-19 (culicaria of authors) Moth 26271 Drasteria graphica Graphic Moth 2021-04-16 Moth 34604 Eucoptocnemis a Dart Moth 1995-10-18 dapsilis E 3-Medium --- Significantly G2 SUB,S2 Ra re N E 3-Medium --- Significantly G2 SUB,S2 Ra re N H? 3-Medium Threatened Threatened G3T3 S1B,S1 N AB 3-Medium --- Special G5 S2B Concern E 5-Very Endangered Endangered G3 S1 Low E 4-Low Endangered Endangered G3T3 S2 H? 3-Medium --- Special G5 S2 Concern H 4-Low --- Special G5T2Q S2 Concern E 5-Very --- Special G3G4T S3 Low Concern 3 H? 5-Very Proposed Threatened G2G3 S2 Low Endangered E 5-Very Threatened Threatened G2G3 SIN Low H? 3-Medium --- Significantly G4 S3 Rare H? 3-Medium --- Significantly G3 S1 Rare E 3-Medium --- Significantly G4 S1S2 Rare H? 3-Medium --- Significantly G4 S2S3 Rare Page 3 of 8 Element Occurrences Documented Within a One -mile Radius of the Project Area Moth Moth Moth Moth Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Reptile Reptile Reptile 34606 Idaea ostentaria Showy Wave 34641 Pyrrhia aurantiago Orange Sallow Moth 34670 Zale declarans Dixie Zale 26276 Zale declarans Dixie Zale 2477 Coastal Frin e --- 9 Evergreen Forest (Typic Subtype) 16394 Pine/Scrub Oak --- Sandhill (Coastal Fringe Subtype) 13039 Pine/Scrub Oak --- Sandhill (Coastal Fringe Subtype) 336 Pond Pine Woodland --- (Typic Subtype) 1753 Pond Pine Woodland --- (Typic Subtype) 15194 Small Depression --- Drawdown Meadow (Typic Subtype) 14913 Wet Pine Flatwoods --- (Typic Subtype) 18822 Wet Pine Flatwoods --- (Typic Subtype) 7583 Xeric Sandhill Scrub --- (Coastal Fringe Subtype) 2017-09-30 1995-09-27 1996-04-16 1996-04-16 1997 Element Accuracy Federal State Global State Occurrence Status tatus Rank Rank Rank E 3-Medium --- Significantly GNR S2S3 Ra re H? 3-Medium --- Significantly G3G4 S1S3 Ra re H? 3-Medium --- Significantly G5 S2S3 Ra re H? 3-Medium --- Significantly G5 S2S3 Ra re A 3-Medium --- --- G2 S2 1997 B 3-Medium --- --- G2 S2 1990-03-24 B 3-Medium --- --- G2 S2 2015-11-07 C 2-High --- --- G3 S3 1997 B 4-Low --- --- G3 S3 1990-03-24 CD 2-High --- --- G2? S2S3 2010 B 3-Medium --- --- G3 S3 2010 C 3-Medium --- --- G3 S3 1990-03-24 C 3-Medium --- --- G2? S2 3970 Alligator American Alligator 2018-02-26 mississippiensis 11304 Caretta caretta Loggerhead Seaturtle 2018-07-27 31878 Chelonia mydas Green Seaturtle 2017-08-18 E 4-Low Threatened Threatened G5 S3 Similar Appearance B 3-Medium Threatened Threatened G3 S2B E 3-Medium Threatened Threatened G3 SIB Page 4 of 8 Element Occurrences Documented Within a One -mile Radius of the Project Area Reptile 6992 Deirochelys reticularia Eastern Chicken Turtle 2019-04-25 reticularia Reptile 27895 Dermochelys coriacea Leatherback Seaturtle 2009-07-08 Reptile 34694 Farancia Rainbow Snake 1977 erytrogramma Reptile 12559 Heterodon simus Southern Hognose 2019-11-04 Snake Reptile 996 Masticophis flagellum Coachwhip 2017-06-24 Reptile 15343 Micrurus fulvius fulvius Eastern Coralsnake 2017-07-05 Reptile 3430 Sistrurus miliarius Carolina Pigmy 2014-10-24 miliarius Rattlesnake Sawfly, Wasp, 40044 Megachile deflexa a leafcutter bee 1951-07-15 Bee, or Ant Sawfly, Wasp, 40052 Megachile integra a leafcutter bee 1951-07-15 Bee, or Ant Sawfly, Wasp, 40245 Megachile integrella a leafcutter bee 1930-06-12 Bee, or Ant Sawfly, Wasp, 40249 Megachile oenotherae a leafcutter bee 1934-05-19 Bee, or Ant Vascular Plant 1844 Agalinis virgata Branched Gerardia 2019-10-25 Vascular Plant 6406 Amaranthus pumilus Seabeach Amaranth 2006 Vascular Plant 22543 Aristida condensate Big Three -awn Grass 2019-10-25 Vascular Plant 19134 Asclepias pedicellata Savanna Milkweed 2017-05-13 Vascular Plant 40310 Asclepias pedicellata Savanna Milkweed 2019-10-02 Vascular Plant 16121 Carex verrucosa Warty Sedge 2019-10-04 Vascular Plant 5962 Crocanthemum Carolina Sunrose 2019-05-23 carolinianum Element Accuracy Federal State Global State Occurrence Status atus Rank Rank Rank A B 3-Medium --- Special G5T5 S2S3 Concern E 3-Medium Endangered Endangered G2 S1B,SU N H 3-Medium --- Significantly G4 S3 Rare B 3-Medium --- Threatened G2 S1S2 E 3-Medium --- Significantly G5 S2 Rare BC 3-Medium --- Endangered G5 S1 BC 3-Medium --- Special G5T4T S2 Concern 5 H 4-Low --- Significantly G2 SH Rare H 4-Low --- Significantly G2G3 SH Rare E 4-Low --- Significantly G1G2 S1S2 Rare H 4-Low --- Significantly G1G3 SH Rare A 3-Medium --- Threatened G3G4 S2 Q X? 3-Medium Threatened Threatened G2 S1 AB 2-High --- Threatened G4? S2 B 3-Medium --- Special G4 S3 Concern Vulnerable C 2-High --- Special G4 S3 Concern Vulnerable B 2-High --- Significantly G4 S2 Rare Peripheral C 4-Low --- Endangered G4 S1 Page 5 of 8 Element Occurrences Documented Within a One -mile Radius of the Project Area Vascular Plant 18456 Crocanthemum Georgia Sunrose 1949-05-21 georgianum Vascular Plant 40312 Crocanthemum Georgia Sunrose 2019-10-22 georgianum Vascular Plant 8208 Dichanthelium Nerved Witch Grass 1937-05-13 neuranthum Vascular Plant 40259 Eleocharis elongata Florida Spikerush 2019-10-24 Vascular Plant 6639 Eupatorium Limesink Dog -fennel 2019-10-24 leptophyllum Vascular Plant 2819 Helenium pinnatifidum Dissected Sneezeweed 1939-04 Vascular Plant 21184 Hibiscus aculeatus Comfortroot 1993 Vascular Plant 34381 Hypericum Coastal Plain St. John's- 2005-07-16 brachyphyllum wort Vascular Plant 3262 Lilaeopsis carolinensis Carolina Grasswort 1991-03-28 Vascular Plant 40262 Lilaeopsis carolinensis Carolina Grasswort 2019-07-24 Vascular Plant 3238 Ludwigia linifolia Flaxleaf Seedbox 2019-09-19 Vascular Plant 871 Ludwigia ravenii Raven's Seedbox 1938-08-28 Vascular Plant 1886 Ludwigia suffruticosa Shrubby Seedbox 2019-07-24 Vascular Plant 4247 Rhynchospora Coastal Beaksedge 2019-10-24 pleiantha Vascular Plant 1717 Rhynchospora tracyi Tracy's Beaksedge 2019-09-19 Vascular Plant 1824 Sagittaria isoetiformis Quillwort Arrowhead 2018-05-25 Vascular Plant 19009 Scleria reticularis Netted Nutrush 2019-09-19 Vascular Plant 34165 Scleria verticillata Savanna Nutrush 1938-08-07 Vascular Plant 28610 Spiranthes laciniata Lace -lip Ladies' -tresses 2008-05 Element Accuracy Occurrence Rank H 4-Low B 2-High H 4-Low B 2-High A 3-Medium H 4-Low E 3-Medium E 2-High H 3-Medium D 2-High B 2-High H 4-Low B 3-Medium A 2-High B 2-High D 3-Medium C 3-Medium H 4-Low E 4-Low Federal t Global State Status &E.,ank Rank --- Endangered G4 S1 --- Endangered G4 S1 --- Significantly G5T3 S1S2 Rare Disjunct --- Endangered G5? S1 --- Endangered G4G5 S2 --- Significantly G4 S2 Ra re Peripheral --- Threatened G4G5 S1 --- Special G5 S1S2 Concern Vulnerable --- Significantly G3G5 S2 Rare Other --- Significantly G3G5 S2 Rare Other --- Threatened G4 S2 --- Endangered G1G2 S1 --- Threatened G5 S2 --- Threatened G2G3 S2 --- Threatened G4 S2 --- Threatened G4? S2 --- Special G4 S2 Concern Vulnerable --- Significantly G5 S2 Rare Peripheral --- Special G4G5 S2 Concern Vulnerable Page 6 of 8 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last Group 0 Observation JML _ DjM Vascular Plant 18880 Yucca gloriosa Moundlily Yucca 2002-06-01 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Wepresentational Rating Carolina Beach State Park R1 (Exceptional) MOTSU Buffer Zone Natural Area R1 (Exceptional) Managed Areas Documented Within a One -mile Radius of the Project Area Element Accuracy Federal State Global State Occurrence Status Status Rank Rank Rank = i E 3-Medium --- Significantly G4? S2? Ra re Peripheral EMd Collective Rating C1 (Exceptional) C1 (Exceptional) Managed Area Name Owner Type Carolina Beach State Park MOTSU Federal Carolina Beach State Park NC DNCR, Division of Parks and Recreation State Military Ocean Terminal Sunny Point US Army Federal Military Ocean Terminal Sunny Point Pools US Department of Defense Federal NC Hazard Mitigation Buyout Property - Carolina NC DPS, Division of Emergency State Beach Management NC Hazard Mitigation Buyout Property - Carolina NC DPS, Division of Emergency State Beach Management NC Hazard Mitigation Buyout Property - Carolina NC DPS, Division of Emergency State Beach Management USFWS Critical Habitat - Loggerhead Seaturtle US Fish and Wildlife Service Federal Carolina Beach State Park Registered Heritage Area NC DNCR, Natural Heritage Program State Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on November 10, 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 7 of 8 November 10, 2022 Managed Area (MAREA) ❑ NHP Natural Area (NHNA) ❑ Buffered Project Boundary ❑ Project Boundary NCNHDE-19948: South 3rd So uross. Fsh, Airbus DS. USGS. NGA. NASA, CGIAR. N Robinson. NCFAS. NLS. OS, NMA. Geodatastyrelsen, Rijkswaterstaat GSA, Geoland, FFMA, It-mapand the GIS user community Sources. Esri, HERE. Garm in. FAO. NOAA, USGS, © OpenStreetMap contributors, and the GIS User in, Page 8 of 8 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: 2023-0025617 Project Name: South 3rd Street December 15, 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 12/15/2022 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186. php. 12/15/2022 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 12/15/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 12/15/2022 VA Project Summary Project Code: 2023-0025617 Project Name: South 3rd Street Project Type: New Constr - Above Ground Project Description: A proposed residential development with 2 dwellings on the 1/3 acre lot. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)34.029059849999996,-77.89823565222406,14z '*14.5YC Counties: New Hanover County, North Carolina 12/15/2022 3 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 Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species. Species profile: https:Hecos.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 Aci, and may have additional consultation requirements. Species profile: https:Hecos.fws.gov/ecp/species/4469 STATUS Endangered Proposed Endangered Threatened 12/15/2022 4 Birds NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10477 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:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Reptiles NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.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:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https:Hecos.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:Hecos.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:Hecos.fws.gov/ecp/species/1110 12/15/2022 5 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:Hecos.fws.gov/ecp/species/6216 Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8549 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 12/15/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! 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 Treat. 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. BREEDING NAME SEASON Black Scoter Melanitta nigra Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Brown Pelican Pelecanus occidentalis Breeds Jan 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Sep 30 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. 12/15/2022 BREEDING NAME SEASON Common Eider Somateria mollissima Breeds Jun 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Sep 30 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Common Loon gavia immer Breeds Apr 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Oct 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/446 Dovekie Alle alle Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/6041 Long-tailed Duck Clangula hyemalis Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/7238 Pomarine Jaeger Stercorarius pomarinus Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Razorbill Alca torda Breeds Jun 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Sep 10 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Red Phalarope Phalaropus fulicarius Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Red -breasted Merganser Mergus serrator Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Red -necked Phalarope Phalaropus lobatus Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. 12/15/2022 3 NAME Red -throated Loon Gavia stellata 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. Ring -billed Gull Larus delawarensis 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. BREEDING SEASON Breeds elsewhere Breeds elsewhere Royal Tern Thalasseus maximus Breeds Apr 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Surf Scoter Melanitta perspicillata Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Thick -billed Murre Uria lomvia Breeds Apr 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Aug 15 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. White -winged Scoter Melanitta fusca Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. 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. 12/15/2022 4 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 Black Scoter Jill Jill Jill 1111 Jill 1+1+ ++++ ++ 11 11 ++ +$11 Jill Jill Non -BCC Vulnerable Brown Pelican Non -BCC 1111 IN 1111111111111111 IN 1116 dil ITT T 1 1711 Vulnerable — — 12/15/2022 5 Common Eider Non -BCC ++++ ++++ ++++ ++++ ++++ Vulnerable Common Loon Non -BCC Vulnerable Dovekie Non -BCC ++++ +*++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ Vulnerable Long-tailed Duck yy Non -BCC T+�+ I I i l i 1 1 1 1 1 I ++ ++++ ++++ 1111 Vulnerable Pomazine Jaeger Non -BCC ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +$++ ++++ 1+** Vulnerable Razorbill Non -BCC 0*0$ **1+ IN++ ++++ ++++ 1 17 + + ++++ ++++ ++++ ++++ +++1 Vulnerable Red Phalarope Non -BCC ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ Vulnerable Red -breasted Merganser �i,l'$11 1'11 ++,I 1 11 1++++ ++++ ++++ ++++ +++, +,,,','1 Non -BCC Vulnerable Red -necked Phalarope ++++ ++++ ++++ ++++ +$++ ++++ ++++ ++++ +,++ ++++ ++++ ++++ Non -BCC Vulnerable Non-BCCted Loon �I I I I I I' Jill +1,+ ++++ ++++ ++++ ++++ ++++ ++++ Vulnerable SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Ring -billed Gull Jill Jill Jill Jill 1111 +11+ +11+ 11+111111$11 Jill Jill Non -BCC Vulnerable Royal Orl T I 1 r� 11110211111111111111111111111111++ 110 Non -BCC CC Vulnerable Surf Scoter Non -BCC 111l ftI$ 11++ ++$I ++I+ ++1+ ++++ ++ 1 i+++ +++1 +11+ 1111 Vulnerable Thick -billed Murre■■� Non -BCC ++++ +�++ ++++ ++++ +++ j Jjj� ++ j Ir ++++ ++++ ++++ ++++ Vulnerable "—.m m` lom� White -winged Scoter �i,l $T,+ +„$ ++,+ ++++ ++++ ++++ ++++ ++++ ++++ +1011101 Non -BCC Vulnerable 12/15/2022 6 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 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 (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 12/15/2022 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 (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 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. 12/15/2022 8 Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 12/15/2022 Marine Mammals Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act! and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 1►/_11uhl West Indian Manatee Trichechus manatus Species profile: https:Hecos.fws.gov/ecp/species/4469 12/15/2022 IPaC User Contact Information Agency: Headwater Environmental, Inc Name: Nick Creidler Address: 1121 Military Cutoff Road, Suite C #306 City: Wilmington State: NC Zip: 28405 Email ncreidler@nc.rr.com Phone: 9107778386 Species Conclusions Table Project Name: 600 and 602 South 3rd Street Date: 3/16/2023 / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation -Species West Indian manatee Suitable habitat absent No effect No suitable habitat present. Northern long-eared bat Suitable habitat absent No effect No suitable habitat present. Red -cockaded woodpecker Suitable habitat absent No effect No suitable habitat present. Red knot Suitable habitat absent No effect No suitable habitat present. Piping plover Suitable habitat absent No effect No suitable habitat present. Eastern black rail Suitable habitat absent No effect No suitable habitat present. American alligator Suitable habitat absent No effect No suitable habitat present. Kemp's ridley, leatherback, and loggerhead sea turtles Suitable habitat absent No effect No suitable habitat present. Cooley's meadowrue Suitable habitat absent No effect No suitable habitat present. Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. � r l� Proiect Manager 3/16/2023 Signature /Title Date Species Conclusions Table Project Name: 600 and 602 South 3rd Street Date: 3/16/2023 / Resource Name Conclusion ESA Section 7 / Eagle Act Determination Notes / Documentation -Species Rough -leaved loosestrife Suitable habitat not present No effect No suitable habitat present Seabeach amaranth Suitable habitat not present No effect No suitable habitat present. Acknowledgement: I agree that the above information about my proposed project is true. I used all of the provided resources to make an informed decision about impacts in the immediate and surrounding areas. � r l� Project Manager 3/16/2023 Signature /Title Date ENT OF Tye' FEMI A W ILDLIFc SLIiV[Citi -= United States Department of the Interior 0 FISH AND WILDLIFE SERVICE CH 3 A$p Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: March 16, 2023 Self -Certification Letter Project Name 600 and 602 South 3rd Street Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑✓ proposed/designated critical habitat; and/or ❑ "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑ "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/pp.httnl. If you have any questions, you can write to us at Raleigh(cfws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package NCHPO HPOWEB 12/15/2022, 10:24:00 AM Surveyed Only individual resources & centerpoints NR districts & boundaries 1:18,056 Surveyed Only 0 National Register Boundary 0 0.15 0.3 0.6 mi * Blockface- Multiple properties NR individual resources & centerpoints 0 0.25 0.5 1 km DOE individual resources & centerpoints * NR Individual Listing NC CGIA, Maxar DOE, Gone NR districts & boundaries SL individual resources & centerpoints 0 NR M Study List Entry, Gone Counties outline North Carolina State Historic Preservation Office NC oneMap, NO Center for Geographic Information and Analysis, NO 911 Board i NO Center for Geographic Information and Analysis (NICOSIA), NC County Governments, US EPA i Esri, HERE i NO