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HomeMy WebLinkAbout20220774 Ver 1_Carolina Colours Medical Park PCN Attachments 5-19-23_20230522 Carolina Colours Medical & Office Park/New Market HDS, LLC/Waterscape Way/Craven Pre-Construction Notification Attachments Prepared for: New Market HDS, LLC Mr. David Swain 1131-B Military Cutoff Road Wilmington, NC 28405 (910)256-2211 Prepared by: Southern Environmental Group, Inc. Ms. Dana Lutheran 5315 South College Road, Suite E Wilmington, NC 28412 910.228.1841 Date: 19 May 2023 Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Appendices Number Description 1 Parcel Information and Aerial 2 Division of Water Resources Water Classification Map 3 Carolina Colours Medical Park PJD and NWP 39 4 Carolina Colours Medical Park Site Plan &Wetland Impact Map 5 USFW IPaC Office Species List and NLEB Consistency Letter 6 Craven County GIS Flood Map 7 NC State Historic Preservation HPOWEB 2.0 Map Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 1 Parcel Information and Aerials •�";�� ,\`vi '� ��,• �" j +>�� '• fit.'' .tiw\ 'r t l_'�-�v� •b � A a � -ems- '"'A� - { - 14 w _ M Craven County Geographic Information System Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. This report was created by Craven County GIS reporting services on 3/31/2023 12:43:48 PM Parcel ID : 7-104 -27000 Owner : CCHC PROPERTIES LLC Mailing Address : PO BOX 12248 NEW BERN NC 28561 Property Address Description : PARCEL A CAROLINA COLOURS MEDICAL PARK 1712 Lot Description : Subdivision Assessed Acreage : 2.040 Calculated Acreage : 2.040 Deed Reference : 3713-0716 Recorded Date : 2 18 2022 Recorded Survey : J-4-F Estate Number : Land Value : $357,000 Tax Exempt : No Improvement Value : $0 #of Improvements : 0 Total Value : $357,000 City Name : NEW BERN Fire tax District Drainage District : Special District Land use : VACANT-TRACT SUITABLE FOR COMMERCIAL DEVELOPMENT Recent Sales Information SALE DATE Sellers Name Buyers Name Sale Type Sale Price 2/18/2022 NEW MARKET HDS LLC CCHC PROPERTIES LLC STRAIGHT $992,000 TRANSFER List of Improvements to Site No improvements listed for this parcel Craven County Geographic Information System Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. This report was created by Craven County GIS reporting services on 3/31/2023 12:42:45 PM Parcel ID : 7-104 -27001 Owner : NEW MARKET HDS LLC Mailing Address : PO BOX 10189 WILMINGTON NC 28404 Property Address Description : PARCEL B CAROLINA COLOURS MEDICAL PARK 1712 Lot Description : Subdivision Assessed Acreage : 1.200 Calculated Acreage : 1.200 Deed Reference : 2359-0855 Recorded Date : 9 27 2005 Recorded Survey : J-4-F Estate Number : Land Value : $570,000 Tax Exempt : No Improvement Value : $0 #of Improvements : 0 Total Value : $570,000 City Name : NEW BERN Fire tax District Drainage District : Special District Land use : VACANT-TRACT SUITABLE FOR COMMERCIAL DEVELOPMENT Recent Sales Information No Sales Information for this parcel List of Improvements to Site No improvements listed for this parcel Craven County Geographic Information System Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. This report was created by Craven County GIS reporting services on 3/31/2023 12:43:36 PM Parcel ID : 7-104 -27002 Owner : NEW MARKET HDS LLC Mailing Address : PO BOX 10189 WILMINGTON NC 28404 Property Address Description : PARCEL C CAROLINA COLOURS MEDICAL PARK 1712 Lot Description : Subdivision Assessed Acreage : 4.050 Calculated Acreage : 4.060 Deed Reference : 2359-0855 Recorded Date : 9 27 2005 Recorded Survey : J-4-F Estate Number : Land Value : $1,012,490 Tax Exempt : No Improvement Value : $0 #of Improvements : 0 Total Value : $1,012,490 City Name : NEW BERN Fire tax District Drainage District : Special District Land use : VACANT-TRACT SUITABLE FOR COMMERCIAL DEVELOPMENT Recent Sales Information No Sales Information for this parcel List of Improvements to Site No improvements listed for this parcel Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 2 DWR Water Classification Map Surface Water Classifications: ED X w Stream Index: 27-101-40-(1) aw Thur Stream Name: Brice Creek P- pP. Description: From source to Craven County SR 1004 Classification: C;Sw,NSW T •Y Date of Class.: April 30, 1988 1 What does this Class. Viev., ` 1 Q Zoom to SC LN k eps ranc Blac Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 3 Carolina Colours Medical Park PJD and NWP 39 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00605 County:Craven U.S.G.S. Quad:NC-New Bern GENERAL PERMIT (REGIONAL AND NATIONWIDE)VERIFICATION Permittee: New Market HDS,LLC Mr.David Swain Address: 1131-B Military Cutoff Road Wilmington,North Carolina 28405 Telephone Number: 910-256-2211 E-mail: maryAwainassociates.com Size(acres) 8 Nearest Town New Bern Nearest Waterway Brice Creek River Basin Neuse USGS HUC 03020204 Coordinates Latitude:35.029905 Longitude:-77.008011 Location description: The project is located east of the Waterscape Way roundabout in New Bern,NC. Description of projects area and activity: This verification authorizes the discharge of fill material in 0.03 acres of jurisdictional ditches to develop multidisciplinary medical facilities and general office spaces. Applicable Law(s): ®Section 404(Clean Water Act,33 USC 1344) ❑Section 10(Rivers and Harbors Act,33 USC 403) Authorization: NWP 39.Commercial and Institutional Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions,your application signed and dated 2/3/2022, and the enclosed plans Figure 6. Site Plans Showing Proposed Ditch impacts received 2/3/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order,a restoration order,a Class I administrative penalty,and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified,suspended or revoked. If,prior to the expiration date identified below,the nationwide and/or regional general permit authorization is reissued and/or modified,this verification will remain valid until the expiration date identified below,provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit,activities which have commenced(i.e.,are under construction)or are under contract to commence in reliance upon the nationwide and/or regional general permit,will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration,modification or revocation,unless discretionary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources(telephone 919-807-6300)to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(LAMA),prior to beginning work you must contact the N.C.Division of Coastal Management Morehead City,NC,at(252)808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program,please contact Emily B.Thompson at(910)251-4629or Emily.B.Thompson(ausace.army.mil. Corps Regulatory Official: (� MeltlADt�1. Date: 3/25/2022 Expiration Date of Verification: 3/14 026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so,please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/Vp=13 6:4:0 Copy furnished(via e-mail): Agent: Land Management Group Ms.Kim Williams Address: 3805 Wrightsville Avenue,Suite 15 Wilmington,North Carolina 28403 Telephone Number: 910-452-0001 E-mail: kim.wilhamsAdavey.com Action ID Number: SAW-2022-00605 County: Craven Permittee: New Market HDS, LLC, Mr. David Swain Project Name: Carolina Colours Medical & Office Park/New Market HDS, LLC/Waterscape Way/Craven Date Verification Issued: 3/25/2022 Project Manager: Emily B. Thompson Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Emily B. Thompson Washington Regulatory Office U.S Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 or Emily.B.Thompson@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Open Water Impact #1: 0.01 ac (282 LF x 1.5 ft) 0-0/ •00006 ✓�' \ �: i•�• /��+�/tea ° ooF 00 I .......... •-----------• i/q j 1. '\�� �` `\ •� .. :`.�:_:-salt �O %/-� j / I �b\Ji \ �JRE \+ \, \� ,.`Ij� `♦ 0, 4- �• ��arf �` ♦ % % i i \\ \ f � % 07 0 "o x_) 'Ot �. 00 O �•y O v v � o � oP°s�o e�06o Se\ ;� o �ks°O Open Water Impact#2: 0.03 ac (900 LF x 1.5 ft) Preliminary; Not for Construction For Permitting Purposes Only. 1 Site design information provided by McKim and Creed i Q�0? �✓ s � ✓ Legend %/ �,�'������ FIGURE 6. SITE PLAN SHOWING PROPOSED DITCH IMPACTS UProject Area — 8 ac ��� Carolina Colours Medical/Office Park 0 404 Wetlands ' Craven County, NC N 0 40 80 160 Waters of the US (Non-Stream) ft - - Proposed Impacts (0.04 ac) February 2022 Scale applies to 11X17" print. Boundaries are approximate and not meant to be absolute. DRGNCW21.280 SAW-2022-00605 A. Determination of Jurisdiction: 1. ® There are waters,including wetlands on the above described project area that may be subject to Section 404 of the Clean Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).This preliminary determination is not an appealable action under the Regulatory atory Program Administrative Appeal Process(Reference 33 CFR Part 331). However,you y request an approved JD,which is an appealable action,by contacting the Corps district for further instruction. Please note,if work is authorized by either a general or nationwide permit,and you wish to request an appeal of an approved JD,the appeal must be received by the Corps and the appeal process concluded prior to the commencement of and in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403)and Section 404 of the Clean Water Act(CWA)(33 USC§ 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification,provided there is no change in law or our published regulations or new information that warrants revision of this determination. 3. ❑ There are waters,including wetlands within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act(CWA)(33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification,provided there is no change in law or our published regulations or new information that warrants revision of this determination. 4. A jurisdiction determination was not completed with this request. Therefore,this is not an appealable action. However,you may request an approved JD,which is an appealable action,by contacting the Corps for further instruction. 5. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.Please reference jurisdictional determination issued DATE. Action ID:FILE NUMBER. B. Basis For Determination: See the preliminary jurisdictional determination form dated 3/25/2022. C. Remarks: The waters and wetlands are accurately depicted on the attached map, "Section 401/404 Delineation Preliminary Sketch," dated 1-31-2022. D.Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work. E.Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin,Appeal Review Officer 60 Forsyth Street SW,Room 10M15 Atlanta,Georgia 30303-8801 Phone: (404)562-5137 AND PHILIP.A.SHANNINgUSACE.ARMY.MIL SAW-2022-00605 In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form,it must be received at the above address by Not applicable. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Emily B.Thompson Date of JD:3/25/2022 Expiration Date of JD:Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey,located online at https://re.ug latory.ops.usace.g=.mil/customer-service-survey. NOTE- This is not a survey. All boundaries and distances re considere approximate. represents • - - prepared I• - • notes. A survey of delineated areas and review and approval by the U.S. Army r ' O Corps of •ineers is recommended prior to specific site planning. 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Delineation 11-31-22 3805 Wrightsville Avenue Wilmingto • Preliminary NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant:New Market HDS LLC,Mr.David Swain File Number: SAW-2022-00605 Date: 3/25/2022 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT(Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT(Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I-The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.gM.mil/Missions/CivilWorks/Re ug latoiyProgramandPermits.aspx or the Corps regulations at 33 CFR Part 3,3 1. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may: (a)modify the permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer will send you a proffered permit for your reconsideration,as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the permit,including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice,means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved JD(which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II-REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps memorandum for the record of the appeal conference or meeting,and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer,Wilmington Regulatory Division MR.PHILIP A. SHANNIN Attn: Emily B.Thompson ADMINISTRATIVE APPEAL REVIEW OFFICER Washington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST,FLOOR M9 2407 West Fifth Street ATLANTA,GEORGIA 30303-8803 Washington,North Carolina 27889 PHONE: (404)562-5136;FAX(404)562-5138 EMAIL:PHILIP.A.SHANNIN(&USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation,and will have the opportunit to participate in all site investi rations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer,Wilmington Regulatory Division,Attn: Emily B.Thompson,69 Darlington Avenue,Wilmington,North Carolina 28403 For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Philip Shannin,Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801 Phone: (404)562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 3/25/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: New Market HDS,LLC,Mr. David Swain, 1131-B Military Cutoff Road,Wilmington,North Carolina 28405 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Carolina Colours Medical& Office Park/New Market HDS,LLC/Waterscape Way/Craven, SAW-2022-00605 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located east of the Waterscape Way roundabout in New Bern,NC. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State:NC County: Craven City:New Bern Center coordinates of site (lat/long in degree decimal format): Latitude: 35.029905 Longitude: -77.008011 Universal Transverse Mercator: 18 Name of nearest waterbody:Brice Creek E. REVIEW PERFORMED FOR SITE EVALUATION(CHECK ALL THAT APPLY): ❑Office (Desk) Determination. Date: ❑X Field Determination. Date(s): 1-11-2022 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH"MAY BE"SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of Geographic (decimal (decimal amount of aquatic authority to which degrees) degrees) aquatic resource the aquatic resource in (i.e., wetland resource "may be" review area vs. non- subject (i.e., (acreage wetland Section 404 or and linear waters) Section 10/404) feet, if applicable) SAW-2022-00605 35.028983 -77.009515 1210 feet Non-wetland Section 404 ditches waters SAW-2022-00605 35.030134 -77.007848 0.6 acres Wetland Section 404 W 1&2 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 are included in the administrative record and are appropriately cited: ❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:Davey Group Map: Section 401/404 Delineation Preliminary Sketch,dated 1-31-2022 ❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: ❑X Office concurs with data sheets/delineation report. ❑Office does not concur with data sheets/delineation report. Rationale: El 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: ❑X U.S.Geological Survey map(s).Cite scale&quad name: USGS Craven County GIS Mosaic ❑X Natural Resources Conservation Service Soil Survey. Citation: Craven County GIS Soils Data ❑National wetlands inventory map(s). Cite name: ❑State/local wetland inventory map(s): ❑FEMA/FIRM maps: ❑100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ®Photographs: ® Aerial (Name & Date):NAPP 1998,2020 NC One May or ❑ Other(Name&Date): ❑Previous determination(s). File no. and date of response letter: ®Other information(please specify): Gen2 LiDAR IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. J Signature0and date of Regulatory Signature and date of person requesting PJD staff member completing PJD (REQUIRED, unless obtaining the signature is 3/25/2022 impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 4 Carolina Colours Medical Park Site Plan & Wetland Impact Map js "J 1fJ PARCELC 4. ( ,SD15F SS SS SS SS W PUBLIC MINOR STREET(55'RIK� 0.52 AC(22,5505F) ' W — W PUBLIC MINOR STREET LENGTH 368 LF N BUILDING INFORMATION 5� TOTAL BUILDING FOOTPRINT AREA ACENT PROPERTY LD.,SEE 4xT ^ TOTAL BUILDING GROSS FLOOR AREA 31,050 SF ADJACENT PROPERTY TABLE,THIS - '1. ( \ N CCHC PARCEL(PARCEL A) 10,600 SFSH.FOR MORE INFORMATION.(TYP) / )I PARCEL B(F�ID1RE) 8,50 SF V PARCEL C(FUTURE) 14,°00SF TOTAL DING NGSCOD 7 /AD1 GI NC BUILDING CODE CONSTRUCTION TYPE V-A(BUILDING G) BUILD-� T �yP I- • I DATA ICLA S COVERAGE REQUIRED 9.13% PROPOSED ADJACENT PROPERTY s�P \ y ' ¢ BUILDING SETBACKS Qy ,� L 02 \ FRONT 25' (MIN.)-SEE PLAN OWNER:CRAVEN PROPCO,LLC P USE:COMMERCIAL ZONING:G3 BOOK:3574:PAGE 0492 Q.c' o i QP •i PROPOSED STORMDRAIN SIDE INTERIOR to• 10'(MINJ-SEE PLAN NETWORK PER NCDEQ 2 OWNER:HINES,FERBIE L 8 JONES,GWENDOLYN �P�'`�'/ / \\ PERMIT ID#SW7210409 USE:VACANT ZONING:C-3 BOOK:2673:PAGE0827 / \ \ \- SITE INFORMATION 3 OWNER:NEW MARKET HDS LLC j/ \ k / '^ EXISTING PROPOSFJ) USE:VACANT ZONING:C3 BOOK:2359:PAGE0855 IMPERVIOUS SURFACE AREA OWNER:HUDSON CAROLINA COLOURS DEVELOPMENT.LLC ROOF TOPS as 1D,soo SF 4 USE:RESIDENTIAL ZONING:G3 BOOK:3692:PAGE 1057 �' / / \\ \*t, k ROADWAYS s °SF I I.Acc SF \ .-, ��� PARKING A- 1+00 CF 5 OWNER:CAROLINA COLOURS MULTIFAMILY VENTURE,LLC 'AQ' � � � \ .Se 4 SIDEWALK 0SF 5,13 SF `- TOTAL(ALL PHASES) 0 SF 55,133 SF USE:RESIDENTIAL ZONING:G3 BOOK:3692;PAGE 1057 S i FUTURE ) \ � S PERCENTA/E!AIPERVIOUS AREA 0% 16.2% OWNER:OVERLOOK HOLDINGS LLC FA -1"\ FUTURE __ "TACLAss REQUIRED PROPOSED 6 e\ C DEVELOPMENT — � �_. I FUTURE -_ roTAL PARKING SPAces teo 212 USE:RESIDENTIAL ZONING:R$ BOOK:3183:PP.LiE 0671 qC:(✓" BLDG3.225 LINE TYPE(TYP.) - 55 - P!?^^. w W I / I �.w CCHC PARCEL(PARCEL A) 53 67 ) O '�--: DRIVEWAY 1r PARCEL 43 43 �TSSP&EO RIVE I PARCEL C• 94 102 ACCESSIBLE SPACES / \ I CCHC PARCEL(PARCEL A) 3(1 VAN) 6(2 VAN) PHASE(PARCEL B) 2(1 VAN) (MIN.) PHASE II IPARCEL C) 4(1VAN) (MIN.) /�- -��\ \ \ / •PARCELBA CPMKIN QUIREMENBDERNED DM LAND USE 3.130-ME ICAL OFFICES (15PACEIIS]GFA) PROPOSED PARCELB ///9 — SUBDIVISION / 0 / / 'o' ///(' i- / \ '7 __ —_ I © \\ NOTES: CAROLINA COLOURS MEDICAL PARK LOT LINE / \ / / / \ \ _ v r 1. LAYOUT FOR PARCELS B AND CARE CONCEPTUAL AND SUBJECT TO CHANGE. DOCrOR'S OFFICE OUT-PARCEL SITE AREA(BY OTHERS) ( FUTURE / // / \ \ \ -_ I I FUTURE DEVELOPMENT WILL BE COORDINATED WITH CITY OF NEW BERN AND NOT IN CONTRACT BLDG B // -/ OTHER AUTHORITIES HAVING JURISDICTION. + 2. ALL BUILDINGS TO MAINTAIN 10'MINIMUM SEPARATION BETWEEN BUILDING PER 0�3,225 SF / •/�C,� / OQO / I BUILDING CODE. �pp,� FUTURE --0 00 ---- I r� 3. CONTRACTOR SHALL MAINTAIN AN ALL WEATHER ACCESS FOR EMERGENCY \ 4d,.(G'OIDEVELOPMENT _ --MLLj W - I (t� VEHICLES AT ALL TIMES DURING CONSTRUCTION. (Li- / �'• / a n1 U 4. LANDSCAPING OR PARKING CANNOT BLOCK OR IMPEDE THE FDC OR FIRE PROPOSED LINE TYPE(TYP.) y y ) HYDRANTS. A 3-FOOT CLEAR SPACE SHALL BE MAINTAINED AROUND THE \ dy\OP�F //y� / \ / / / / $CM-1 ( 1) ('- \ CIRCUMFERENCE OF THE HYDRA AND FDC ^ / x,// ,(Q� / 5. ADDITIONAL FIRE PROTECTION AND ACCESSIBILITY REQUIREMENTS MAY BE REQUIRED DUE TO ANY SPECIAL CIRCUMSTANCES CONCERNING THE PROJECT. EXISTING PUMP) 6. CONTRACTOR SHALL SUBMIT A RADIO SIGNAL STRENGTH STUDY FOR ALL A O // I COMMERCIAL BUILDINGS THAT DEMONSTRATES THAT EXISTING EMERGENCY / / A / I STATION 9Q��../ / // \G� I I I ( I I RESPONDER RADIO SIGNAL LEVELS MEET SECTION 510 REQUIREMENTS OF THE 201 NEW NC FIRE CODE PROPOSED I 1 ( I 7, NEW MATERIALS DELI MUST BE HE JOB SITE. INTO SERVICE PRIOR TO COMBUSTIBLE RIGHT OF WAY ) ( MATERIALS DELIVERED TO THE JOB SITE. I I BL E )` , `\- B. LIGHT POLE LOCATIONS TO BE COORDINATED WITH CITY OF NEW BERN ELECTRICAL DEPARTMENT.ALL LIGHTS DI BE LOCATED NO CLOSER THAN N16 T F SCM E I `~_I I I O FROM A TREE.ALL LIGHTING SHALL BE DIRECTED AWAY FROM THE ADJACENT EXPANSION I -3. I I RESIDENTIAL USE. 9. ALL PAVEMENT MARKINGS IN PUBLIC RIGHTS-OF-WAY AND FOR DRIVEWAY pS ARE I 11p'SIDESETBACK TO BE THERMOPLASTIC AND MEET CITY AND/OR NCDOT STANDARDS. G� Proposed Wetland I I 10.ALL SIGNS AND PAVEMENT MARKINGS IN AREAS OPEN TO PUBLIC TRAFFIC ARE PARCELA / � [1--FJ• \1 I \I O, I TO MEET MUTCD (MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES) �f I J I Impact Area Approx.0.17 AC II II I I 11.ALL TRAFFIC CONTROL SIGNS AND MARKINGS OFF THE RIGHT-OF-WAY ARE TO FUTURE I I I BE MAINTAINED BY THE PROPERTY OWNER IN ACCORDANCE WITH MUTCD �/ I PARCEL C I I STANDARDS. \ BLDG C I I I R28 3.500 SF I I 12,ALL PARKING STALL MARKINGS AND LANE ARROWS WITHIN THE PARKING AREAS FUTURE I I '.l SHALL BE WHITE. Q \ I I -- DEVELOPMENT 13.CONTACT B11 PRIOR TO CONTACTING CITY OF NEW BERN, TRAFFIC \\ _ \ \ � AREA I I i I I I ENGINEERING REGARDING THE UTILITIES IN ROW. \ \ I I FUTURE I I 1 14.A DUMPSTER PAD AND SCREENING IS PROVIDED FOR SOLID WASTE DISPOSAL, PROPOSED ry / \ I I I I I SEE ARCHITECTURAL DRAWINGS FOR DETAILING. BLDG /\ FUTURE I I BLDG F _T 15.ANY REQUIRED INSTALLATION OR RELOCATION OF TRAFFIC SIGNS IS THE / (10,800 SFF) /� \\ I BLDG D I -3.500 SF I I RESPONSIBILITY OF THE PROJECT DEVELOPER.PLEASE COORDINATE WITH CITY 4 -3.500 SF I TRAFFIC SIGNS AND MARKINGS MANAGER PRIOR TO INSTALLATION OF ANY TRAFFIC SIGNS OR MARKINGS IN PUBLIC ROW. < L- I 16.IF A BUILDING IS MORE THAN 75 FEET FROM THE STREET ON WHICH IT FRONTS, 10 \ I I II THE ADDRESS NUMBER SHALL BE DISPLAYED ON A SIGN ATTACHED TO A FENCE, JI GATE,LAWN,STAKE,MAILBOX,OR OTHER SUITABLE STRUCTURE AT OR NEAR r--- I ----------1 --- I THHEEESTREET RIGHT-OF-WAY LINE SO AS TO BE CLEARLY VISIBLE FROM THE / \ I I ) \ ) 17.CONTRACTOR SHALL CONTACT PUBLIC WORKS TO COORDINATE _ N y PROPOSED 70 —/ / \-J \Y / / PRE-CONSTRUCTION MEETING AND INFRASTRUCTURE INSPECTIONS. PUBLIC oI _ N / SCM WORKS CONTACT:DAN CASSERLY(412)498-7742. o J / ---------_�1 PROPOSED w / PROPOSED SUBDIVISION I^—�I ) LU \ I PROPOSED ADDRESSES c SCM /� o / — _ �� -- LOT LINE - ----- I-y--------��, I L - BUILDING 1000 LATHAN LANE / y — — — — — — — I BUILDING B(FUTURE) 1002 DETERATHNN INE o I BUILDING C(FUTURE) TO BE DETERMINED L ` BUILDINGD(FUTURE) TO BE DETERMINED _ - - BUILDIN E(FUTURE) TO BE DETERMINED � � - � - - �! BUILDINGF(FUTURE TO BE DETERMINED - PROPOSED - ® - - SS- — — — — — - _ n 1 C::!LNG G(PROPOSED) 1010 LATHAN LANE P 10'SIDE SETBACK S LED VISION I O o+ I tYi LOT LINE SURFACE MATERIAL LEGEND E CAROLINA COLOURS MEDICAL PARK ( W w�W� __ _ y DOCTOR'S OFFICE OUT-PARCEL SITE AREA(BY OTHERS) I LIGHT-DUTY ASPHALT I A„ .-, 1 o NOT IN CONTRACT E \I W ao� o ao' HEAVY-DUTY ASPHALT W � — �o' W W W SCALE:t•=ao'(Holz.) SIDEWALK a 2 CS'00 1 LEGEND AND NOTES r DATE: SCALE R FCS100 V n� 7� CAROLINA COLOURS MEDICAL PARK �WNDJ.# HORIZONTAL: v�UFf0\4&CREED NEW MARKET-HDS, LLC ��N�NMEE \/ DESIGNED 243 North Front Street 1131- B MILITARY CUTOFF ROAD WATERSCAPE WAY,NEW BERTI,NORTH CAROLINA 28562 CHECKED VERTICAL: Wilmington,North Carolina 28401 PROD.MGFL Phone:(910)343-1048,Fax:(910)251-8282 WILMINGTON, NC 28405 Wetland Impact Map TA7UB: 25 ft 75 ft 12 5 ft 175 ft ce",.'F.,222 www.mckimcreed.com Map Source: McKim and Creed Overall Site Plan /V Carolina Colours Medical Park � All lines are approximate and should be used for planning New Bern, Craven Co., N.C. purposes only. 5/10/2022 023-054.01 Changes made by SEGi Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 5 USFW IPaC Official Species List and NLEB Consistency Letter taEH�CF Ty 17 a United States Department of the Interior 4' ', !, FISH AND WILDLIFE SERVICE =RCH 3 �s 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: May 21, 2023 Project code: 2023-0084227 Project Name: Carolina Colours Medical Park-Waterscape Way, Craven Co., NC Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Record of project representative's no effect determination for'Carolina Colours Medical Park-Waterscape Way, Craven Co., NC' Dear Dana Lutheran: This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on May 21, 2023, for 'Carolina Colours Medical Park-Waterscape Way, Craven Co., NC' (here forward, Project). This project has been assigned Project Code 2023-0084227 and all future correspondence should clearly reference this number. Please carefully review this letter. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species'determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis.All information submitted by the Project proponent into the IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key(Dkey), invalidates this letter. Determination for the Northern Long-Eared Bat Based upon your IPaC submission and a standing analysis, your project has reached the determination of "No Effect" on the northern long-eared bat. To make a no effect determination, the full scope of the proposed project implementation (action) should not have any effects (either positive or negative), to a federally listed species or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action.A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may 05/21/2023 IPaC Record Locator: 126-126686627 2 include consequences occurring outside the immediate area involved in the action. (See § 402.17). Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no consultation with the Service is required (ESA§7). If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required except when the Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat [50 CFR §402.02, 50 CFR§402.13]. Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA-protected species and/or critical habitat that also may occur in your Action area: ■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) • Eastern Black Rail Laterallus jamaicensis ssp.jamaicensis Threatened ■ Green Sea Turtle Chelonia mydas Threatened • Leatherback Sea Turtle Dermochelys coriacea Endangered ■ Monarch Butterfly Danaus plexippus Candidate ■ Neuse River Waterdog Necturus lewisi Threatened ■ Red Knot Calidris canutus rufa Threatened ■ Red-cockaded Woodpecker Picoides borealis Endangered ■ Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered ■ Tricolored Bat Perimyotis sub flavus Proposed Endangered You may coordinate with our Office to determine whether the Action may affect the animal species listed above and, if so, how they may be affected. Next Steps Based upon your IPaC submission, your project has reached the determination of"No Effect' on the northern long-eared bat. If there are no updates on listed species, no further consultation/ coordination for this project is required with respect to the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1)the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact(positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place to ensure compliance with the Act. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2023-0084227 associated with this Project. 05/21/2023 IPaC Record Locator: 126-126686627 3 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Carolina Colours Medical Park -Waterscape Way, Craven Co., NC 2. Description The following description was provided for the project 'Carolina Colours Medical Park - Waterscape Way, Craven Co., NC': High density, commercial development, which is currently under construction. The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.0288982,-77.0093705052253,14z 05/21/2023 IPaC Record Locator: 126-126686627 4 DETERMINATION KEY RESULT Based on the information you provided, you have determined that the Proposed Action will have no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required for those species. QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project.Intentional take could refer to research,direct species management,surveys,and/or studies that include intentional handling/encountering, harassment,collection,or capturing of any individual of a federally listed threatened,endangered or proposed species? No 2. Your project overlaps with an area where northern long-eared bats may be present year- round. Time-of-year restrictions may not be appropriate for your project due to bats being active all year. Do you understand that your project may impact bats at any time during the year and time- of-year restrictions may not apply to your project? Yes 3. Do you have post-white nose syndrome occurrence data that indicates that northern long- eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. Yes 4. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions,answer `yes'if the construction or operation of wind power facilities is either(1)part of the federal action or(2)would not occur but for a federal agency action(federal permit,funding, etc.). No 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 05/21/2023 IPaC Record Locator: 126-126686627 5 6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 7. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note:This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed,respectively.This question is for information purposes only. No 8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency(EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No 10. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action. If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer "No"below and continue through the key. If you have determined that the northern long-eared bat does not occur in your project's action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a "no effect" determination for the northern long-eared bat. Note: Federal agencies(or their designated non-federal representatives)must consult with USFWS on federal agency actions that may affect listed species[50 CFR 402.14(a)].Consultation is not required for actions that will not affect listed species or critical habitat.Therefore,this determination key will not provide a consistency or verification letter for actions that will not affect listed species.If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding,please answer"No"and continue through the key.Remember that this key addresses only effects to the northern long-eared bat.Consultation with USFWS would be required if your action may affect another listed species or critical habitat.The definition of Effects of the Action can be found here:https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-kM- selected-definitions Yes 05/21/2023 IPaC Record Locator: 126-126686627 6 PROJECT QUESTIONNAIRE Will all project activities by completed by April 1, 2024? No 05/21/2023 IPaC Record Locator: 126-126686627 7 IPAC USER CONTACT INFORMATION Agency: Southern Environmental Group, Inc. (SEGi) Name: Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email dlutheran@segi.us Phone: 9102281841 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Emily Thompson Email: Emily.B.Thompson@usace.army.mil Phone: 9102514629 , NT Qr Pig i . United States Departm H1t of the Interior �• /' FISH AND WILDLIFE SERVICE 1RCH 3 } 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: May 21, 2023 Project Code: 2023-0084227 Project Nam e Carolina Colours Medical Park-Waterscape Way, Craven Co., NC Subject: List of threatened and endangered species that m ay occur in your proposed project location or m ay 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 m ay occur within the boundary of your proposed project and/or m ay be affected by your proposed project. The species list fulfills the requirem efts of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as am ended(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 determ he 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 inform ation 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 m o•e current inform ation 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 im flem acting section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be com Ileted form ally or inform dly as desired. The Service recom m ads that verification be com Ileted by visiting the ECOS-IPaC website at regular intervals during project planning and im Ilem antation for updates to species lists and inform ation.An updated list m ay be requested through the ECOS-IPaC system by com Oeting the sam eprocess used to receive the enclosed list. The purpose of the Act is to provide a m eans whereby threatened and endangered species and the ecosystems upon which they depend m ay be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its im hem enting regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out program sfor the conservation of threatened and endangered 05/21/2023 2 species and to determ he whether projects m a'affect threatened and endangered species and/or designated critical habitat. A Biological Assessm Ent is required for construction projects (or other undertakings having sim iar physical im pacts)that are m 4or Federal actions significantly affecting the quality of the hum an environm ant as defined in the National Environm antal Policy Act(42 U.S.C. 4332(2) (c)). For projects other than m 4or construction activities, the Service suggests that a biological evaluation sim iar to a Biological Assessm Ent be prepared to determ he whether the project m ay affect listed or proposed species and/or designated or proposed critical habitat. Recom mended contents of a Biological Assessm ant are described at 50 CFR 402.12. If a Federal agency determ Ines, based on the Biological Assessm ant or biological evaluation, that listed species and/or designated critical habitat m ay be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recom m ads that candidate species, proposed species and proposed critical habitat be addressed within the consultation. M ore inform aion on the regulations and procedures for section 7 consultation, including the role of perm i 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 M igratory Bird Treaty Act(M BTA) and the Bald and Golden Eagle Protection Act(BGEPA)to protect native birds from project-related im pacts.Any activity, intentional or unintentional, resulting in take of m gratory 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 m oe inform aion regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The M BTA has no provision for allowing take of m gratory birds that m ay be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to com Ify with these Acts by identifying potential im pacts to m gratory birds and eagles within applicable NEPA docum Elts (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should im Ifem ant conservation m Ensures to avoid or minim ke the production of project-related stressors or minim ke the exposure of birds and their resources to the project-related stressors. For m o'e inform ition on avian stressors and recom m aded conservation m(asures 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 M gratory Birds, obligates all Federal agencies that engage in or authorize activities that m ght affect m gratory birds, to minim ke those effects and encourage conservation m Ensures that will improve bird populations. Executive Order 13186 provides for the protection of both m gratory birds and m gratory bird habitat. For inform aion regarding the im oem Entation of Executive Order 13186, please visit https://www.fws.govibirds/policies-and-regulations/ executive-orders/e0-13186.php. 05/21/2023 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 subm f to our office. Attachm ait(s): ■ Official Species List ■ Migratory Birds 05/21/2023 1 O FFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirem ant for Federal agencies to "request of the Secretary of the Interior inform aion 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 O fice Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 05/21/2023 2 PRO XCT SUM M ARY Project Code: 2 023-0084227 Project Nam e C arolina Colours Medical Park-Waterscape Way, Craven Co., NC Project Type: C om m ecial Developm Ent Project Description: High density, corn m ecial developm ant, which is currently under construction. Project Location: The approxim ate location of the project can be viewed in Google Maps: https:// www.google.com in q2s/035.0288982,-77.0093705052253,14z Counties: Craven County, North Carolina 05/21/2023 3 ENDANG 13tED SPECIES ACT SPECIES There is a total of 11 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For exam Oe, certain fish m ay appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1,as USFWS does not have the authority to speak on behalf of NOAA and the Departm ant of Corn m ece. 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 Atm cspheric Adm histration within the Departm Ent of Comm Erce. MAMMALS NAME STATUS Northern Long-eared Bat M)Dtis septentrionalis Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile:https:Hecos.fws.gov/ecp/species/10515 BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp.jamaicensis Threatened No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/10477 Red Knot Calidris canutus 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 05/21/2023 4 REPTILES NAME STATUS Am aican Alligator Alligator mississippiensis Sim larity 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 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 AM PHIBIANS NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species.Your location does not overlap the critical habitat. Species profile:https:Hecos.fws.gov/ecp/species/6772 INSECTS NAME STATUS M onarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile:https:Hecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 05/21/2023 M IG FATO R( BIRDS Certain birds are protected under the Migratory Bird Treaty Act!and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that m ay result in im Facts to m gratory birds, eagles, and their habitats should follow appropriate regulations and consider im Oem Elting appropriate conservation m(asures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location.To learn m are 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 m a'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 m q2ning tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional m q)s and m adels detailing the relative occurrence and abundance of bird species on your list are available. Links to additional inform aion about Atlantic Coast birds, and other im portant inform Otion about your m gratory bird list, including how to properly interpret and use your m gratory bird report, can be found below. For guidance on when to schedule activities or im Ilem ant avoidance and minim ization measures to reduce im Facts to m gratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are m cst likely to be present and breeding in your project area. BREEDING NAME SEASON Am Erican Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions Aug 31 (SCRs)in the continental USA htWs:Hecos.fws.gov/ecp/species/9587 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern(BCC)in this area,but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of developm ant or activities. 05/21/2023 2 BREEDING NAME SEASON Brown-headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions Jul 15 (BCRs)in the continental USA Chim rey Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 25 and Alaska. Eastern Whip-poor-will Antrostomus voci ferns Breeds May 1 to This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA Aug 20 and Alaska. Henslow's Sparrow Ammodramus henslowii Breeds This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/ecp/species/3941 Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Mdanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Sep 10 and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 31 and Alaska. PRO BABILITY O FPRESENCE SUM M ARY The graphs below provide our best understanding of when birds of concern are m cst likely to be present in your project area. This inform aion can be used to tailor and schedule your project activities to avoid or m him ie im pacts to birds. Please m dce sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attem 11ing 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 m(nths.)A taller bar indicates a higher probability of species presence. The survey effort(see 05/21/2023 3 below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated?The calculation is done in three steps: 1. The probability of presence for each week is calculated as the num ber of survey events in the week where the species was detected divided by the total num her of survey events for that week. For exam Ile, 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 m acim un probability of presence across all weeks. For exam Ile, im zgine 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 m acim un 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 estim ae of the tim efram einside 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 superim posed on probability of presence bars indicate the num ber of surveys perform al for that species in the 10km grid cell(s) your project area overlaps. The num ber of surveys is expressed as a range, for exam Ile, 33 to 64 surveys. No Data (—) A week is m aked as having no data if there were no survey events for that week. Survey Tim efram e Surveys from only the last 10 years are used in order to ensure delivery of currently relevant inform aion. 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 m uh m are sparse. ■probability of presence breeding season I survey effort —no data SPECIES J AN F EBAI R A PRAI Y J UN J UL A UG S EP O CT N OV D EC American Kestrel +�+� ++1+ ++++ It I I I I I I +++A 1 4-1 ++++ � 1 11+ ++11 '++1 ++++ BCC-BCR JOB ME hL 05/21/2023 4 Bald Eagle Jill Jill Jill 111: 11:1 ���: Sk+ +++� 1111 Jill Jill Jill Non-BCC Vulnerable Brown-headed Nuthatch Jill 1111111 III[ i di 1111111+ 11111111 Jill 1111111 BCC-BCR Chim reySwift ++++ ++++ + ++ I I +++ + ++ + ++ ++++ BCC Rangewide — ,�+ I �jl� �j � j�♦1 � 11�+ � + (CON) ---- ---- ---- ---- ---- Eastern Whip-Poor- ++++ ++++ Will BCC Rangewide (CON) Henslow's Sparrow BCC Rangewide ,+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ (CON) Kentucky Warbler ++++ ++++ ++++ 1111 ba iii+ ++++ ++++ ++++ BCC Rangewide (CON) Prairie Warbler BCC Rangewide .... .... .... 1111 ++P + +++1 „++ ++++ ++,+ ++++ ++++ (CON) Prothonotary ++++ ++++ +++, 'I I I I �11i Jill "" "+, ++++ ++++ Warbler ++++ ++++ BCC Rangewide (CON) Red-headed Woodpecker +'++ +'+1 1+++ +111 Jill I "'l"'0""+ +,++ ++'+ '+'+ BCC Rangewide (CON) wood Thrush BCC Rangewide ++++ ++++ ++++ III III ++4""""' ++++ ++++ +-' ++++ (CON) Additional inform aion can be found using the following links: ■ Birds of Conservation Concern https://www.fws.gov/program ern gratory-birds/species ■ Measures for avoiding and m him king impacts to birds https://www.fws.gov/librazr�/ collections/avoiding-and-m him king-incidental-take-m gratory-birds • Nationwide conservation m(asures for birds https://www.fws.gov/sites/default/files/ docum ants/nationwide-standard-conservation-m(asures.pdf M IG FATO FN BIRDS FAQ Tell m emore about conservation m easures I can im plem art to avoid or m nim ize impacts to migratory birds. Nationwide Conservation Measures describes m(asures that can help avoid and minim ize im Facts to all birds at any location year round. Im Fiem antation of these m(asures is particularly im p)rtant when birds are m cst likely to occur in the project area. When birds m ay be breeding in 05/21/2023 5 the area, identifying the locations of any active nests and avoiding their destruction is a very helpful im Fact m him ization m aasure. To see when birds are m cst likely to occur and be breeding in your project area, view the Probability of Presence Sum m By. Additional m aasures or perm is m a'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 com gised of USFW S Birds of Conservation Concern (BCQ and other species that m ay warrant special attention in your project location. The m gratory 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 requirem eats m aj apply), or a species that has a particular vulnerability to offshore activities or developm eft. Again, the Migratory Bird Resource list includes only a subset of birds that m aj occur in your project area. It is not representative of all birds that m aj occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Inform ition 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 m gratory 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 inform ition becom e; available. To learn m cre about how the probability of presence graphs are produced and how to interpret them,go the Probability of Presence Sum m ay and then click on the "Tell m e about these graphs" link. H ow do I know if a bird is breeding,wintering or m grating in m y area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, m grating or year-round), you m a'query your location using the RAIL Tool and look at the range m q)s provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your m gratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there m aj be nests present at som epoint within the tim dram especified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for m tratory birds? 05/21/2023 6 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 requirem efts (for eagles) or(for non-eagles) potential susceptibilities in offshore areas from certain types of developm eft or activities (e.g. offshore energy developm aft or longline fishing). Although it is im pDrtant to try to avoid and m him Jze im pacts to all birds, efforts should be m ade, in particular, to avoid and m him ke im pacts to the birds on this list, especially eagles and BCC species of rangewide concern. For m cre inform aion on conservation m insures you can im plem aft to help avoid and m him ke m gratory bird im pacts and requirem efts 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 inform aion about other taxa besides birds that may be helpful to you in your project review.Alternately, you m ay download the bird m odel results files underlying the portal m aps 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 m gration. Models relying on survey data m ay not include this inform aion. For additional inform aion on m wine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on m ylist? If your project has the potential to disturb or kill eagles, you m ay need to obtain a perm t to avoid violating the Eagle Act should such im pacts occur. Proper Interpretation and Use of Your Migratory Bird Report The m gratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn m are about how your list is generated, and see options for identifying what other birds m ay be in your project area, please see the FAQ "What does IPaC use to generate the m gratory birds potentially occurring in m yspecified 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 com pnnent. If the survey effort is high, then the probability of presence score can be viewed as m are dependable. In contrast, a low survey effort bar or no data bar m eans a lack of data and, therefore, a lack of 05/21/2023 7 certainty about presence of the species. This list is not perfect; it is sim Oy a starting point for identifying what birds of concern have the potential to be in your project area, when they m ght be there, and if they m ght be breeding (which m(Rns nests m ght be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implem alt conservation m ensures to avoid or m him ke potential im Ixcts from your project activities, should presence be confirm al. To learn m o•e about conservation m ensures, visit the FAQ "Tell m eabout conservation m ensures I can im Oem ant to avoid or m him ke im Ixcts to m gratory birds" at the bottom of your m gratory bird trust resources page. 05/21/2023 8 IPAC USER CO NfACT INFO IN ATIO N Agency: S outhern Environm altal Group, Inc. (SEGi) Nam e Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilm hgton State: NC Zip: 28412 Em dl dlutheran@ segi.us Phone: 9102281841 Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 6 Craven County GIS Flood Map t .. ,•�~��Key �\ �� tT �Rd A Q 1a\ a �,e i = `01 ap � aw Ye11M 11n04 l � '�U ern•cn � � u p S�'•a 0�0 °01 CI p i ThurmwIE K a e �ji^ a`r It P a r t•.�•tit " �. � \� e yr0N f QISO e•try CY•yI, b \4^ De V1'r ae C a� G e o gyp ses7cA 004 o Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 7 NC State Historic Preservation Office HPOWEB 2.0 Map • - 1 q � � i iil,�au�fc,o,;7io U,i�icaiiuil-c � lard 4 C'VEN CRAVEN CV2050 Mount Shiloh ,Missionary Baptist Church 2007 J c�p•4 "Wa CRAVEN > �1 } O f 0000