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HomeMy WebLinkAbout20210573 Ver 2_Cannon Attachments 2023_20230614DAVEYIn Resource Group June 13, 2023 TO: US Army Corps of Engineers NC Division of Water Resources 69 Darlington Avenue 127 Cardinal Drive Extension Wilmington, NC 28403 Wilmington, NC 28405 RE: Stanley Martin Homes Cannon Tract; Brunswick County, NC NWP 29 Application Action ID# SAW-2020-01466 DWR Project # 20210573 To Whom It May Concern: On behalf of Stanley Martin Homes, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments for the Stanley Martin Homes Cannon Tract, located off Old Town Creek Road NE in Leland, NC. The purpose of the project is to construct a residential subdivision within the tract to serve the housing needs of Brunswick County. The project proposes to permanently impact 0.13 acre of jurisdictional wetlands and 295 LF of intermittent stream for road crossings to provide access throughout the site. Additionally, temporary impacts to 228 LF of intermittent stream are needed to install two bottomless culverts. The applicant proposes to purchase 0.2 acre of wetland credit from the Lower Cape Fear Umbrella Mitigation Bank and 234 LF of stream credit (stream impacts due to culverts) from the NC Division of Mitigation Services to compensate for these impacts. Note that this application was submitted in 2021 and was ultimately denied by NCDWR because the geotechnical report for the bottomless culverts had not yet been prepared. That report is now included in this application. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. Cc: Robert Bennett, Stanley Martin Homes Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Stanley Martin Homes Cannon Tract PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. 2016 Aerial Photograph 3.0 SITE PLAN DRAWINGS (SHEETS 1— 9) Sheet 1.Overall Site Plan Showing Proposed Impacts Sheet 2-4. Close Up Views Sheets 5-9. Detail Drawings of Individual Impacts 4.0 WETLAND AND STREAM INFORMATION USACE and DWR Approved Wetland Map DWR Stream Documentation 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List USFWS NLAA Determination Letter RCW SLOPES 6.0 LCFUMB & NCDMS CREDIT RESERVATION LETTERS 7.0 GEOTECHNICAL REPORT FOR BOTTOMLESS CULVERTS 1.0 AGENT AUTHORIZATION FORM 4� LMG LAND MANAGEMENT GROUP a DAVEY company AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the preparation and representation of information related to the Section 404 401 permit application for Stanley Martin Homes; Cannon Tract located in Brunswick County, NC. All questions regarding this project should be directed to Land Management Group, Sincerely, Applicant Print Name Date www.lmgroup.net • info@lrngroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. 2016 Aerial Photograph GaM Club aowe, a, .•.fir, 9ek^. ®i Avv�Ba� e arx 'F 74 � draw Jackson Hwy _--_--_, � _• .. A}T, r, —-- - 87, 3 ` \ o- 1` s n m Site c`c y� SO F e -Cape F—Nal'IM Brunswick F—I 0 1 97 Inn■bOW I Francn :17 y 4 ��! Fun stun Rd Sf Qi9 � z dS F V Y Sources: Esri, HERE, Garm in, USGs, Intermap, INCREMENT P, NRCan, Esri Japan, METI, EsT•i China (Hong Kong),Esii'Ikorea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIs User Community N 0 0.5 1 2 Boundaries are approximate and not meant to be absolute. Miles Map Source: World Street Map Scale applies to 11X17" print. Stanley Martin Homes 4LMG Cannon Tract Figure 1. Brunswick County, NC LAND mANACEMEyNCGROUP a OWETY rompany Vicinity Map 3805 Wrightsville Avenue LM G21.087 Wilmington, INC 28403 (910)452-0001 ALI— -. �.Su•— .� f - WI+- —A -.. Site ..••- _ .4�. T !ILi.— ..fir.- �aW�ti _ }�'. .., 1■ f ■ • Si JamE gj i * T .1L 1 • 1 i 4 i ■ ,1 a' ry N Boundaries are approximate and not meant to be absolute. Map Source: Topographic Mosaic for Brunswick County 0 400 800 1,600 Feet Scale applies to 11 X17" print. Stanley Martin Homes 4LMG Cannon Tract Brunswick County, NC LANDMANAGEMENtGROUP rompany Figure 2. Topographic Map LMG21.087 3805 Wrightsville Avenue 40 Wilmington, NC 28403 (910) 452-0001 Mu PINECLIFF LU Site N 0 300 600 1,200 Boundaries are approximate and not meant to be absolute. Feet Map Source: WebSoil GIS Data Scale applies to 11 V T print. Stanley Martin Homes 4LMG Cannon Tract Figure 3. Brunswick County, NC LANOMANAGEMENTGROUP . awky#- rompany Soils Ma p 3805 Wrightsville Avenue LMG21.087 Wilmington, NC 28403 (910) 452-0001 Boundaries are approximate and not meant to be absolute. Map Source: 2016 GIS World Imagery Stanley Martin Homes Cannon Tract Brunswick County, NC LMG21.087 L M G LAND MANAGEMENT'GROUP a h91EYA rompany 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 300 600 1,200 Feet Scale applies to 11 X17" print. Figure 4. 2016 Aerial Photograph of Site 3.0 SITE PLAN DRAWINGS (SHEETS 1— 9) Sheet 1.Overall Site Plan Showing Proposed Impacts Sheet 2-4. Close Up Views Sheets 5-9. 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V i N 06 00 � F �w W a gig„ w - _ N ro U Q Q UQ�w Lm�e _a _< o � O U uj U � v LU a� m� e= �N Jo ti= E a LU ate_ i 0� \ E J cy" Ln zIt , � a 0 \ 0 m 4.0 WETLAND AND STREAM INFORMATION USACE and DWR Approved Wetland Map NCDWR Stream Documentation a fir, is _ • 47 LL �" �^�q � � � a 00 U N c +iy �` s f p N O N CO N I M A N N - • y ♦ _� a L, A �] ✓ � 4 k- Y N N .. N • Z L c 0 N O <0 O N £ • N � C N O_ LL1 N CD Z _ 1 d Y VJ U o N M d 00 Z Z :.. z ._. _, A N �G91yj• O m E N U Z N f0 O r T N In O] O N 7 U U O o a � wY aim U CL a O m fro L J C J a ppff L N O O p pj O p I, � m U ai o a O � O C N O O N d M m O fn N m m m N z �a { Yr NLofd 00 fd Ln fd N £ m o Iv7 i � cyiO O O LL U U N N U o D¢ Z m m -a "a Y Y "a N Q d N a V) N N C _ a° O x o N 'ram o Q o o N N o m O °z o ° a D z z z in 0 Q U - JLi _ w� M DocuSign Envelope ID: 520489BD-C6AE-41AB-8CEA-OC416FC4OD2 ROY COOPER Governor DIONNE DELLFGATT[ Secretary S. DANIEL SMITH Director Land Management Group Attn: Paul Farley 3805 Wrightsville Ave; Suite 15 Wilmington, NC 28403 NORTH CAROLINA Environmental Quality April 6, 2021 Subject: Stream Determination # 2021-001 Cannon Tract - Brunswick County Dear Mr. Farley: On March 31, 2021, at your request, Tyler Benson and Robb Mairs, NC Division of Water Resource (NCDWR) staff, conducted an on -site determination to determine the ephemeral/intermittent (E/I) points of two separate streams at the proposed Cannon Tract project location. The enclosed map dated April 5, 2021 depicts the E/I point and whether a feature has been determined to be a stream or not. This drawing has been signed and is valid for 5 years. This on -site determination shall expire five (5) years from the date of this letter. Landowners or other affected parties that dispute a determination made by DWR or a delegated Local Authority may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of the date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for determination by the Director shall be referred to the Director in writing c/o Paul Wojoski, DWR 401 & Buffer Permitting Unit, 1617 Mail Center, Raleigh, NC 27699-1617. This determination is final and binding unless you ask for a hearing within 60 days. The owner/future owners should notify the Division (including any other local, state and federal agencies) of this determination concerning any future correspondence regarding the subject property. This project may require a Section 404/401 Water Quality Certification for the proposed activity. Any inquiries should be directed to Tyler Benson of the DWR at 910.796.7215 and Gary Beecher of the U.S. Army Corps of Engineers at 910.251.4487. North Carolina Department of Environmental Quality I Division of Water Resources �iIH i_Ai�r;L Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 fJ�1}Jr1 � napanmem at enr+ranmemel oallty 910.796.7215 DocuSign Envelope ID: 520489BD-C6AE-41AB-8CEA-OC416FC40D2F Page 2 of 2 Please contact Tyler Benson at 910.796.7215 or tyler.bensononcdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: El�(tr �jc �n sain 06DCAE2DD754468... Tyler Benson Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDWR Enclosures Cc: Gary Beecher, US Army Corps of Engineers, Wilmington Field Office Paul Wojoski, 401 Wetlands and Buffers Unit WiRO NC DWQ Stream Identification Form Version 4.11 Date: March 31, 2021 Project/Site: Cannon Tract Latitude: 34.182507 Robb Mairs (Cert. No. 915-1116) Evaluator: Tyler Benson (Cert. No. 1109-1020) County: Brunswick Longitude:-78.104569 Total Points: Stream De ircle one) Other Stream is at least intermittent if>_ 19 or perennial if>_ 30` Score: 19.75 Points E hemeral Intermittent Perennial p e. Quad Name: " g� S3" A. Geomorphology (Subtotal = ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 �/ 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain V 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel �/ No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 6.5 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 V 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 6.25 ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 V/ 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75- OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Amphipod Sketch: Tadpole Crayfish NC DWQ Stream Identification Form Version 4.11 Date: March 31, 2021 Project/Site: Cannon Tract Latitude: Tyler Benson (Cert. No. 1109-1020) Evaluator: Robb Mairs (Cert. No. 915-1116) County: Brunswick Longitude: Total Points: Stream Det ircle one) Other Stream is at least intermittent if>_ 19 or erennial if>_ 30* Score: 21.25 Points EphemeralIntermittent Perennial P e. . quad Name: "S4" 9 A. Geomorphology (Subtotal = 0 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 `/ 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel \/ No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 6.5 ) 12. Presence of Baseflow 0 �/ 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 V 0.5 1 1 1.5 17. Soil -based evidence of high water table? No = 0 �/ Yes = 3 C. Biology (Subtotal = 6.75 ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks �/ 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed EACW = 071 OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Amphipods Sketch: Crayfish 2x Tadpoles Fishing Spider 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List USFWS NLAA Determination Letter RCW SLOPES Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 June 9. 2023 Kim Williams Davey Resource Group, Inc. 3805 Wrightsville Avenue Wilmington, NC 28403 RE: Cannon Tract Dear Kim Williams: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-22257 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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BOO a ° . dS � k [ . # � { � } % ? f } A 4m,#v,(Pu ll ! . � s § \ / 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: 2023-0091723 Project Name: Cannon Tract e x hSai k 4YYFJiYJft +cfln7i� i� June 09, 2023 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 06/09/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat 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. 06/09/2023 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 submit to our office. Attachment(s): • Official Species List • Migratory Birds 06/09/2023 OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 06/09/2023 PROJECT SUMMARY Project Code: 2023-0091723 Project Name: Cannon Tract Project Type: Residential Construction Project Description: Residential development Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/034.180997950000005,-78.10169086864349,14z k" 3 k � +S` Counties: Brunswick County, North Carolina 06/09/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 BIRDS NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa 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 06/09/2023 4 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 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 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 STATUS Candidate STATUS Endangered Endangered 06/09/2023 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. 06/09/2023 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. NAME BREEDING SEASON Bachman's Sparrow Aimophila aestivalis Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Sep 30 USA and Alaska. https:Hecos.fws.gov/ecp/species/6177 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 15 Regions (BCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 25 USA and Alaska. 06/09/2023 NAME BREEDING SEASON Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Sep 10 USA and Alaska. Swallow-tailed Kite Elanoides forficatus Breeds Mar 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Jun 30 USA and Alaska. https:Hecos.fws.gov/ecp/species/8938 Wood Thrush Hylocichla mustelina Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 31 USA and Alaska. PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 06/09/2023 3 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bachman's Sparrow BCC Rangewide ---� ---- —�-- —+++ Jill INA 6r1 No ---- (CON) Brown-hNuthatch eaded---- BCC -BCR Chimney Swift BCC Rangewide (CON) Prairie Warbler BCC Rangewide — - — — — - — — - — —+++ — — — - (CON) Prothonotary BWarbler CC Rangewide(CON) Red-headed Red-headed ---I — — — — — — — — —III —��+IIII IIII IIII—�— —----- Woodpecker 06/09/2023 4 BCC Rangewide (CON) Swallow-tailed Kite BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) 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 06/09/2023 5 of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (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 06/09/2023 6 Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no 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. 06/09/2023 7 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Kim Williams Address: 3805 Wrightsville Avenue; Suite 15 City: Wilmington State: NC Zip: 28403 Email kwilliams@lmgroup.net Phone: 9104520001 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Gary Beecher Email: Gary.H.Beecher@usace.army.mil Phone: 9102514694 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: 2023-0091723 Project Name: Cannon Tract Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Technical assistance for 'Cannon Tract' Dear Kim Williams: e x hSai k 4YYFJiYJft +cfln7i� i� June 09, 2023 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 June 09, 2023, for 'Cannon Tract' (here forward, Project). This project has been assigned Project Code 2023-0091723 and all future correspondence should clearly reference this number. Please carefully review this letter. Your Endangered Species Act (Act) requirements are not complete. 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 is not reasonably certain to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. 06/09/2023 IPaC Record Locator: 699-127529166 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) • Cooley's Meadowrue Thalictrum cooleyi Endangered • Green Sea Turtle Chelonia mydas Threatened • Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered • Leatherback Sea Turtle Dermochelys coriacea Endangered • Loggerhead Sea Turtle Caretta caretta Threatened • Magnificent Ramshorn Planorbella magni fica Proposed Endangered • Monarch Butterfly Danaus plexippus Candidate • Piping Plover Charadrius melodus Threatened • Red Knot Calidris canutus rufa Threatened • Red -cockaded Woodpecker Picoides borealis Endangered • Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered • Tricolored Bat Perimyotis subflavus Proposed Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. Note that if a new species is listed that may be affected by the identified action before it is complete, additional review is recommended to ensure compliance with the Endangered Species Act. Next Step Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds, permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal representative. Therefore, the ESA consultation status is incomplete and no project activities should occur until consultation between the Service and the Federal action agency (or designated non-federal representative), is completed. As the federal agency or designated non-federal representative deems appropriate, they should submit their determination of effects to the Service by doing the following. 1. Log into IPaC using an agency email account and click on My Projects, click "Search by record locator" to find this Project using 699-127529166. (Alternatively, the originator of the project in IPaC can add the agency representative to the project by using the Add Member button on the project home page.) 2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to ensure that they are accurate. 3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to a concurrence letter. Download the concurrence letter for your files if needed. 06/09/2023 IPaC Record Locator: 699-127529166 3 If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for 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 before project implements any changes which are final or commits additional resources. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2023-0091723 associated with this Project. 06/09/2023 IPaC Record Locator: 699-127529166 4 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Cannon Tract 2. Description The following description was provided for the project 'Cannon Tract': Residential development The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)34.180997950000005,-78.10169086864349,14z 0`0 Y" 'O 06/09/2023 IPaC Record Locator: 699-127529166 DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis septentrionalis). 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. No 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 06/09/2023 IPaC Record Locator: 699-127529166 6 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-key selected -definitions No 06/09/2023 IPaC Record Locator: 699-127529166 11. Your project overlaps with an area where northern long-eared bats may be present year- round. Is suitable northern long-eared bat habitat present within 1000 feet of project activities? Yes 12. Will the action cause effects to a bridge? No 13. Will the action result in effects to a culvert or tunnel? No 14. Does the action include the intentional exclusion of northern long-eared bats from a building or structure? Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming bats, it should be done according to established standards. If your action includes bat exclusion and you are unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in structures No 15. Does the action involve removal, modification, or maintenance of a human -made structure (barn, house, or other building) known or suspected to contain roosting bats? No 16. Will the action cause construction of one or more new roads open to the public? For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.). Yes 17. Will any new road go through any area of contiguous forest that is greater than or equal to 10 acres in total extent? Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres. Yes 06/09/2023 IPaC Record Locator: 699-127529166 8 18. For every 1,000 feet of new road that crosses between contiguous forest patches, will there be at least one place where bats could cross the road corridor by flying less than 33 feet (10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road surface? No 19. Will the proposed action result in the cutting or other means of knocking down, bringing down, or trimming of any trees suitable for northern long-eared bat roosting? Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities. Yes 06/09/2023 IPaC Record Locator: 699-127529166 PROJECT QUESTIONNAIRE Enter the extent of the action area (in acres) from which trees will be removed - round up to the nearest tenth of an acre. For this question, include the entire area where tree removal will take place, even if some live or dead trees will be left standing. 100 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and- staging-areas 0 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates- swarming-and-staging-areas 100 Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at breast height, dbh) be cut, knocked, or brought down from any portion of the action area greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre. Yes Enter the extent of the action area (in acres) from which all potential NLEB roost trees will be removed. If all NLEB roost trees will be removed from multiple areas, entire the total extent of those areas. Round up to the nearest tenth of an acre. 100 For the area from which all potential northern long-eared bat (NLEB) roost trees will be removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are removed will be developed or otherwise converted to non -forest for the foreseeable future. 0 Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought down? No Will all project activities by completed by April 1, 2024? No 06/09/2023 IPaC Record Locator: 699-127529166 10 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Kim Williams Address: 3805 Wrightsville Avenue; Suite 15 City: Wilmington State: NC Zip: 28403 Email kwilliams@lmgroup.net Phone: 9104520001 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Gary Beecher Email: Gary.H.Beecher@usace.army.mil Phone: 9102514694 RCW SLOPES Manual — North Carolina March 2022 Appendix B — Red -cockaded Woodpecker Effects Determination Key Stanley Martin Homes Cannon Tract; Brunswick Co. ORM2 No.: USFWS Reference No. (if applicable): Date 2021 US Army Corps of Engineers 1) Is the action areal located within the RCW consultation area (see Appendix A and project -specific results from a project -specific IPaC or internal USACE GIS review)? a) Yes......................................................................................................................................... go to 2 b) No...................................................................................................................................... No effectZ 2) Is the action areal located in the northeastern coastal plain (see Appendix A)? a) Yes.......................................................................................................................................... go to 3 b) No (the project is located in piedmont, sandhills, or southeastern coastal plain) .................go to 4 3) Is the action areal located in a forested area with pine trees present in northeast North Carolina (e.g., high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes, are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table 1 for a description of the minimum dbh of 30-year-old pines associated with each community type). If the answer to both of these questions is yes, choose Yes below. If the answer to one or both questions is no, then choose No below. a) Yes.......................................................................................................................................... go to 8 b) No...................................................................................................................................... No effectZ 4) Is the action area' located within suitable RCW foraging or nesting habitat (pine or pine/hardwood stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30 years of age or older or >_8-inches dbh')? a) Yes.......................................................................................................................................... go to 5 b) No...................................................................................................................................... No effectZ 5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh; or will any activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office. a) Yes (to one or both)............................................................................................................... go to 6 b) No............................................................................................................................................ NLAA' 12 RCW SLOPES Manual — North Carolina March 2022 6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)? a) Yes........................................................................................................................................... go to 9 b) No............................................................................................................................................goto7 7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be impacted by any activity in the action areal? a) Yes......................................................................................................................................... go to 9 b) No............................................................................................................................................ NLAA3 8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal. Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in the action areal, or is the action areal within 200 feet of a cavity tree? If the answer to either of these questions is yes, choose Yes below. If unable to determine the location of a cavity tree with confidence, then contact the USFWS Raleigh Field Office. a) Yes......................................................................................................................................... go to 9 b) No............................................................................................................................................ NLAA3 9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey is necessary (for a list of USACE representatives please see the contact list at http://saw- reg.usace.army.mil/FO/PM List.pdf). Note that project -specific information, such as a delineation of waters of the U.S., project plans, and details concerning certain activities on disturbances that would occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may be needed for the USACE to determine the action area(s)l of the project. If a survey is required and agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action areal should be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such surveys are conducted by running line transects through stands and visually inspecting all medium- sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all trees are inspected and are run north -south. Was a survey performed? a) Yes, a survey was performed, and RCW cavity trees were observed .................................... go to 10 b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the results (no RCW cavity trees were observed).......................................................................... NLAA3 c) No, the USACE determined that a survey was not required and the USFWS concurred................................................................................................................................. NLAA3 d) No, a survey was not performed....................................................................Consultation required' 10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then consultation is required. a) Yes.................................................................................................................Consultation required' b) No......................................................................................................................................... go to 11 13 RCW SLOPES Manual — North Carolina March 2022 11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat would remain for each RCW group post -project? For information on how to conduct an FHA', refer to the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.' a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred that adequate amounts of foraging habitat would remain post -project ...................................... NLAA3 b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined inadequate amounts of foraging habitat would remain post -project Consultation required' c) No, an FHA' has not been conducted..........................................................Consultation required' 'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action. For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.miI/FO/PMList.pdf. 'No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the project as described. 3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits, submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations. 4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey protocol (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/survey protocol.pdf) -'Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the contact list at http://saw-reg.usace.army.miI/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is necessary to discern if the activity would result in a "no effect," "not likely to adversely affect," or "likely to adversely affect" determination. 6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecovery/matrix.html) and for determining foraging habitat availability(https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf). 'Follow link for additional information regarding determination for adequate amount of foraging habitat (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf). 8 FHA —When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence Additional Information The tract has been managed for timber production for many years. Most trees within uplands were removed from the site in 2020. Remaining vegetation consists of a sparse canopy of young loblolly pines with 2" — 6" DBH and a developing shrub layer of magnolia bay, loblolly bay, titi, and fetterbush. The wetlands in the northern part of the site contain a sparse canopy of loblolly pines and black gum and a shrub layer of magnolia bay, red bay, titi, gallberry, and fetterbush. Interior wetlands are mostly pocosin in nature and these areas support a dense shrub layer of titi, gallberry, and bays. Two streams run through the site. Shrubby vegetation is present directly adjacent to the channels. It is our opinion that the site does not provide suitable nesting or foraging habitat for the red -cockaded woodpecker. 14 6.0 LCFUMB & NCDMS CREDIT RESERVATION LETTERS LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY June 12, 2023 TO: Mr. Robert Bennett (Stanley Martin Homes) FROM: Lower Cape Fear Umbrella Mitigation Bank 4006 St. James Drive c/o Land Management Group St. James, NC 28461 3805 Wrightsville Avenue, Suite 15 Wilmington, NC 28403 Project: Cannon Tract (Brunswick County, NC) Dear Mr. Bennett: Pursuant to the recent credit request submitted on your behalf, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed non - riparian wetland impacts associated with the Cannon Tract (Brunswick County, NC). This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type I Credits Reserved I Fee Per Unit Fee Stream 0 $646.12 $0.00 Non -Riparian Wetland I 0.2 I $70,919.17 1 $14,187.83 Riparian (Riverine) Wetland I 0.0 I $70,919.17 $0.00 Total Fee $14,187.83 Based upon receipt of your email transmitted on June 12, 2023, LCFUMB will reserve 0.2 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 $14,187.83. 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 cpreziosi@Imgroup.net. Sincerely, Land Management Group (agent for LCFUMB) U Christian Preziosi Principal Consultant ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Robert Bennett Stanley Martin Homes 4006 St. James Drive St. James, NC 28461 Project: Stanley Martin Homes Cannon Tract NORTH CAROLINA Environmental Quality June 13, 2023 Expiration of Acceptance: 12/13/2023 County: Brunswick The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity Cape Fear 03030005 Warm Stream 295 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, FOR James. B Stanfill Deputy Director cc: Kim Williams, agent North Carolina Department of Environmental Quality I Division of Mitigation Services 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 h(h�TH :.AROI iRA IV o �nmmmenni w�a 919,707,8976 7.0 GEOTECHNICAL REPORT FOR BOTTOMLESS CULVERTS 0 ECS Southeast,, LLP Geotechnical Engineering Report Cannon Tract - Culverts Old Town Creek Road NE Leland, Brunswick County, North Carolina ECS Project No. 22:32822 February 27, 2023 .e- E ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities February 27, 2023 Mr. Greg A. Wayne, PLS Hanover Design Services, PA 1123 Floral Parkway Wilmington, North Carolina 28403 ECS Project No. 22:32822 Reference: Geotechnical Engineering Report Cannon Tract - Culverts Old Town Creek Road NE Leland, Brunswick County, North Carolina Dear Mr. Wayne: ECS Southeast, LLP (ECS) has completed the subsurface exploration and geotechnical engineering analyses for the above -referenced project. Our services were performed in general accordance with our agreed to scope of work. This report presents our understanding of the geotechnical aspects of the project along with the results of the field exploration conducted and our design and construction recommendations. It has been our pleasure to be of service during the design phase of this project. We would appreciate the opportunity to remain involved during the continuation of the design phase, and we would like to provide our services during construction phase operations as well to verify subsurface conditions assumed for this report. Should you have any questions concerning the information contained in this report, or if we can be of further assistance to you, please contact us. Respectfully submitted, ECS Southeast, LLP Freddie Wescott Senior Project Manager FWescot-t@ecsiimited.com ,'V 1L t4� Winslow Gains, PE Principal Engineer WGoinstfflecslimited. cam 6714 Netherlands Drive, Wilmington, NC 28405 T: 910-686-9114 www.ecslimited-com ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mrd-Atlanft, LLC ECS Midwest, LLC ECS Southeast, LLP • ECS Southwest, LLP Nj.; E_iigineeirng No. F - I U 7 6 • NC Geoiogy No. C-S53 • 5G -_+igineesrrnp No 3439 Cannon Tract - Culverts ECS Project No. 22:32822 TABLE OF CONTENTS February 27, 2023 Page EXECUTIVE SUMMARY.............................................................................................................1 1.0 INTRODUCTION..................................................................................................................2 2.0 PROJECT INFORMATION.....................................................................................................3 2.1 Project Location/Current Site Use/Past Site Use...................................................................3 2.2 Proposed Construction...........................................................................................................3 3.0 FIELD EXPLORATION...........................................................................................................4 3.1 Subsurface characterization...................................................................................................4 3.2 Groundwater Observations....................................................................................................4 4.0 DESIGN RECOMMENDATIONS.............................................................................................5 4.1 Foundations............................................................................................................................5 5.0 SITE CONSTRUCTION RECOMMENDATIONS.........................................................................6 5.1 Subgrade Preparation............................................................................................................6 5.1.1 Stripping and Grubbing.................................................................................................6 5.1.2 Subgrade Observation..................................................................................................6 5.1.3 Site Temporary Dewatering..........................................................................................6 5.2 Earthwork Operations............................................................................................................6 5.2.1 Structural Fill.................................................................................................................6 5.3 Foundation and Slab Observations........................................................................................7 5.4 Utility Installations.................................................................................................................8 6.0 CLOSING.............................................................................................................................9 APPENDICES Appendix A — Drawings & Reports • Site Location Diagram • Exploration Location Diagram Appendix B — Field Operations • Reference Notes for CPT Testing • Cone Penetration Test Sounding Logs (S-1 and S-2) Appendix C—Supplemental Report Documents • GBA Document Cannon Tract - Culverts February 27, 2023 ECS Project No. 22:32822 Page 1 EXECUTIVE SUMMARY The following summarizes the main findings of the exploration, particularly those that may have a cost impact on the planned development. Further, our principal foundation recommendations are summarized. Information gleaned from the executive summary should not be utilized in lieu of reading the entire geotechnical report. • The geotechnical exploration performed for the site included two (2) electronic cone penetration test (CPT) soundings drilled to termination depths of approximately 25 feet. • The proposed culverts can be supported by shallow foundations with an allowable bearing pressure of 2,000 psf. • Groundwater was encountered in the soundings at depths ranging from approximately 2.4 feet to 3.6 feet below existing grade. • Due to the near surface loose SANDS (SM, SP) encountered in the soundings and hand auger borings, in -place densification may be needed prior to construction of foundations. Please note this Executive Summary is an important part of this report and should be considered a "summary" only. The subsequent sections of this report constitute our findings, conclusions, and recommendations in their entirety. Cannon Tract - Culverts February 27, 2023 ECS Project No. 22:32822 Page 2 1.0 INTRODUCTION The purpose of this study was to provide geotechnical information for the design of foundations for the proposed new bottomless culverts located off Old Town Creek Road NE in Leland, NC. The recommendations developed for this report are based on project information supplied by Mr. Greg A Wayne, PLS of Hanover Design Services, PA. Our services were provided in accordance with our Proposal No. 22:27029, dated January 18, 2023, as authorized by Mr. Greg A. Wayne, PL on February 15, 2023, which includes our Terms and Conditions of Service. This report contains the procedures and results of our subsurface exploration programs, review of existing site conditions, engineering analyses, and recommendations for the design and construction of the project. The report includes the following items. • A brief review and description of our field test procedures and the results of testing conducted; • A review of surface topographical features and site conditions; • A review of subsurface soil stratigraphy with pertinent available physical properties; • Foundation recommendations; • Allowable bearing pressure; • Site development recommendations; • Suitability of soils for use as fill material; • Compaction recommendations; • Site vicinity map; • Exploration location plan; and • CPT sounding logs. Cannon Tract - Culverts ECS Project No. 22:32822 2.0 PROJECT INFORMATION 2.1 PROJECT LOCATION/CURRENT SITE USE/PAST SITE USE February 27, 2023 Page 3 The proposed site is located off Old Town Creek Road in Leland, Brunswick County, North Carolina. The site is bounded on the south by Old Town Creek Rd NE and residential development, and on all other sides by undeveloped land. Figure 2.1.1 below shows an image of where the site is located. Figure 2.1.1 Site Location The site currently consists of a cleared site with current construction. Based on our site visit and approximate elevations from Google Earth, the site is relatively level with typical elevations on site ranging from approximate 62 to 66 feet. 2.2 PROPOSED CONSTRUCTION ECS understands the project consists of the construction of two new bottomless culverts for the proposed residential development. Cannon Tract - Culverts February 27, 2023 ECS Project No. 22:32822 Page 4 3.0 FIELD EXPLORATION Our exploration procedures are explained in greater detail in Appendix B including the Reference Notes for Cone Penetration Soundings. Our scope of work included performing two (2) CPT soundings. Our approximate CPT sounding locations are shown on the Exploration Location Diagram in Appendix A. 3.1 SUBSURFACE CHARACTERIZATION The subsurface conditions encountered were generally consistent with published geological mapping. The following sections provide generalized characterizations of the soil. Please refer to the CPT sounding logs in Appendix B. The site is located in the Coastal Plain Physiographic Province of North Carolina. The Coastal Plain is composed of seven terraces, each representing a former level of the Atlantic Ocean. Soils in this area generally consist of sedimentary materials transported from other areas by the ocean or rivers. These deposits vary in thickness from a thin veneer along the western edge of the region to more than 10,000 feet near the coast. The sedimentary deposits of the Coastal Plain rest upon consolidated rocks similar to those underlying the Piedmont and Mountain Physiographic Provinces. In general, shallow unconfined groundwater movement within the overlying soils is largely controlled by topographic gradients. Recharge occurs primarily by infiltration along higher elevations and typically discharges into streams or other surface water bodies. The elevation of the shallow water table is transient and can vary greatly with seasonal fluctuations in precipitation. Table 3.1.1 Subsurface Stratigraphy Approximate Stratum Description Ranges of Depth Range N*-Values(1) blows per foot (bpf) 0 N/A Minimal amounts of topsoil were encountered on- N/A (Surface cover) site. Deeper topsoil or organic laden soils are most likely present in wet, poorly drained areas and potentially unexplored areas of the site. 0 to 10 1 Very Loose to Very Dense, Silty, Gravely, and Clean 2 to 71 SAND (SM, SP), and Soft to Stiff, Sandy SILT (ML). 10 to 25 11 Very Loose to Dense, Silty and Clean SAND (SM, SP), 3 to 49 Soft to Very Stiff, Clayey and Sandy SILT (ML), and Silty and Lean CLAY (CL). Notes: (1) Equivalent Corrected Standard Penetration Test Resistances 3.2 GROUNDWATER OBSERVATIONS Water levels were measured in our CPT soundings and are shown in Appendix B. Groundwater depths measured at the time of drilling ranged from 2.4 to 3.6 feet below the ground surface. Variations in the long-term water table may occur as a result of changes in precipitation, evaporation, surface water runoff, construction activities, and other factors. Cannon Tract - Culverts ECS Project No. 22:32822 4.0 DESIGN RECOMMENDATIONS 4.1 FOUNDATIONS February 27, 2023 Page 5 Provided subgrades and structural fills are prepared as recommended in this report and in -place densification is performed by the design/build contractor, the proposed structures can be supported by shallow foundations including column footings and continuous wall footings. We recommend the foundation design use the following parameters: Table 4.1.1 Foundation Design Design Parameter Footing Net Allowable Bearing Pressure' 2,000 psf Acceptable Bearing Soil Material Stratum I or Approved structural fill Minimum Width 18 inches Minimum Footing Embedment Depth (below 12 inches slab or finished grade) Estimated Total Settlement 1 inch Estimated Differential Settlement Less than 0.5 inches Net allowable bearing pressure is the applied pressure in excess of the surrounding overburden soils above the base of the foundation. Potential Undercuts: Most of the soils at the foundation bearing elevation are anticipated to be suitable for support of the proposed structure. If soft or unsuitable soils are observed at the footing bearing elevations, the unsuitable soils should be undercut and removed. Any undercut should be backfilled with approved structural fill up to the original design bottom of footing elevation; the original footing shall be constructed on top of the approved structural fill. Cannon Tract - Culverts ECS Project No. 22:32822 5.0 SITE CONSTRUCTION RECOMMENDATIONS 5.1 SUBGRADE PREPARATION 5.1.1 Stripping and Grubbing February 27, 2023 Page 6 The subgrade preparation should consist of stripping vegetation, rootmat, topsoil, existing fill, and any soft or unsuitable materials from the 10-foot expanded building and 5-foot expanded pavement limits. Borings and soundings performed in "undisturbed" areas of the site contained an observed minimal amount of topsoil. Deeper topsoil or organic laden soils may be present in wet, low-lying, and poorly drained areas. ECS should be retained to verify that topsoil and unsuitable surficial materials have been removed prior to the placement of structural fill or construction of structures. 5.1.2 Subgrade Observation Prior to fill placement or other construction on subgrades, the subgrades should be evaluated by an ECS field technician. The exposed subgrade should be thoroughly probed to identify any localized yielding materials. Where proofrolling identifies areas that are unstable or "pumping" subgrade those areas should be repaired prior to the placement of any subsequent Structural Fill or other construction materials. Methods of stabilization include undercutting and moisture conditioning. The situation should be discussed with ECS to determine the appropriate procedure. Test pits may be excavated to explore the shallow subsurface materials to help in determining the cause of the observed unstable materials, and to assist in the evaluation of appropriate remedial actions to stabilize the subgrade. Due to the near surface loose SANDS (SM, SP) encountered in the soundings and hand auger borings, in - place densification may be needed prior to construction of foundations. 5.1.3 Site Temporary Dewatering Temporary Dewatering: Temporary dewatering operations can be managed by the use of conventional submersible pumps directly in the excavation or temporary trenches to direct the flow of water and to remove water from the excavation. If temporary sump pits are used, we recommend they be established at an elevation 3 to 5 feet below the bottom of the excavation subgrade or bottom of footing. A perforated 55-gallon drum or other temporary structure could be used to house the pump. We recommend continuous dewatering of the excavations using pumps during construction. If dewater operations are performed at the site, ECS recommends that the dewatering operations be performed in accordance with Local, State and Federal Government regulatory requirements for surface water discharges. ECS would be pleased to be consulted by the client on those requirements, if requested. 5.2 EARTHWORK OPERATIONS 5.2.1 Structural Fill Prior to placement of structural fill, representative bulk samples (about 50 pounds) of on -site and/or off - site borrow should be submitted to ECS for laboratory testing, which will typically include Atterberg limits, Cannon Tract - Culverts February 27, 2023 ECS Project No. 22:32822 Page 7 natural moisture content, grain -size distribution, and moisture -density relationships (i.e., Proctors) for compaction. Import materials should be tested prior to being hauled to the site to determine if they meet project specifications. Alternatively, Proctor data from other accredited laboratories can be submitted if the test results are within the last 90 days. Satisfactory Structural Fill Materials: Materials satisfactory for use as structural fill should consist of inorganic soils with the following engineering properties and compaction requirements. STRUCTURAL FILL INDEX PROPERTIES Subject Building and Pavement Areas Max. Particle Size Fines Content Max. organic content Property LL < 40, PI<20 4 inches Max. 20 % 5% by dry weight STRUCTURAL FILL COMPACTION REQUIREMENTS Subject Compaction Standard Required Compaction (Upper 1 foot) Required Compaction (Depths greater than 1 foot) Dry Unit Weight Moisture Content Loose Thickness Requirement Standard Proctor, ASTM D698 98% of Max. Dry Density 95% of Max. Dry Density >100 pcf -2 to +2 % points of the soil's optimum value 8 inches prior to compaction On -Site Borrow Suitability: Significant natural deposits of possible fill material are present on the site. The on -site sands (SP, SM) with fines contents less than 20 percent should meet the recommendations for re -use as structural fill. Fill Placement: Fill materials should not be placed on frozen soils, on frost -heaved soils, and/or on excessively wet soils. Borrow fill materials should not contain frozen materials at the time of placement, and frozen or frost -heaved soils should be removed prior to placement of structural fill or other fill soils and aggregates. Excessively wet soils or aggregates should be scarified, aerated, and moisture conditioned. 5.3 FOUNDATION AND SLAB OBSERVATIONS Protection of Foundation Excavations: Exposure to the environment may weaken the soils at the footing bearing level if the foundation excavations remain open for too long a time. Therefore, foundation concrete should be placed the same day that excavations are made. If the bearing soils are softened by surface water intrusion or exposure, the softened soils must be removed from the foundation excavation bottom immediately prior to placement of concrete. If the excavation must remain open overnight, or if rainfall becomes imminent while the bearing soils are exposed, a 1 to 3-inch thick "mud mat" of "lean" concrete should be placed on the bearing soils before the placement of reinforcing steel. Cannon Tract - Culverts February 27, 2023 ECS Project No. 22:32822 Page 8 Footing Subgrade Observations: A majority of the soils encountered on site at the foundation bearing elevation are anticipated to be adequate for support of the proposed structure. It is important to have ECS observe the foundation subgrade prior to placing foundation concrete, to confirm the bearing soils are what was anticipated. 5.4 UTILITY INSTALLATIONS Utility Subgrades: The soils encountered in our exploration are expected to be generally not suitable for support of utility pipes. The pipe subgrades should be observed and probed for stability by ECS. Any loose or unsuitable materials encountered should be removed and replaced with suitable compacted Structural Fill, or pipe stone bedding material. Utility Backfilling: The granular bedding material (AASHTO #57 stone) should be at least 6 inches thick, but not less than that specified by the civil engineer's project drawings and specifications. We recommend that the bedding materials be placed up to the springline of the pipe. Fill placed for support of the utilities, as well as backfill over the utilities, should satisfy the requirements for structural fill and fill placement. Excavation Safety: Excavations and slopes should be constructed and maintained in accordance with OSHA excavation safety standards. The contractor is solely responsible for designing, constructing, and maintaining stable temporary excavations and slopes. The contractor's responsible person, as defined in 29 CFR Part 1926, should evaluate the soil exposed in the excavations as part of the contractor's safety procedures. In no case should slope height, slope inclination, or excavation depth, including utility trench excavation depth, exceed those specified in local, state, and federal safety regulations. ECS is providing this information solely as a service to our client. ECS is not assuming responsibility for construction site safety or the contractor's activities; such responsibility is not being implied and should not be inferred. Cannon Tract - Culverts February 27, 2023 ECS Project No. 22:32822 Page 9 6.0 CLOSING ECS has prepared this report to guide the geotechnical-related design and construction aspects of the project. We performed these services in accordance with the standard of care expected of professionals in the industry performing similar services on projects of like size and complexity at this time in the region. No other representation, expressed or implied, and no warranty or guarantee is included or intended in this report. The description of the proposed project is based on information provided to ECS by Mr. Greg A. Wayne, PLS of Hanover Design Services, PA. If any of this information is inaccurate or changes, either because of our interpretation of the documents provided or site or design changes that may occur later, ECS should be contacted so we can review our recommendations and provide additional or alternate recommendations that reflect the proposed construction. We recommend that ECS review the project plans and specifications so we can confirm that those plans/specifications are in accordance with the recommendations of this geotechnical report. Field observations and quality assurance testing during earthwork and foundation installation are an extension of, and integral to, the geotechnical design. We recommend that ECS be retained to apply our expertise throughout the geotechnical phases of construction, and to provide consultation and recommendation should issues arise. ECS is not responsible for the conclusions, opinions, or recommendations of others based on the data in this report. APPENDIX A — Diagrams & Reports Site Location Diagram Exploration Location Diagram r TV F+ `"'"�' ' +.f ; e • may z ar wry, --- 'W m $ �Ee BSI Q� y'f[`5•�l ..SHE oil 3�� �� ,.Taw � r ,•,'M ti �9tpaSm'� Her town' - r ios ' 1p ��.u;dN-._ Service Layer Credits: Esri, HERE, Garmin, (c) OpenStreetMap contributors J■+ N W E -4-� e 1 me L ry y h � a � � ,tt 0 , -06 i Legend Approximate Sounding Location �, 0 350 700 Feet BORING LOCATION DIAGRAM EWENC7EER SCALE CANNON TRACT - CULVERTS AS NOTED PROJECT NO. EE22:32822 OLD TOWN CREEK RD NE, LELAND, NC FIGURE 20F2 HANOVER DESIGN SERVICES, PA °2/27/2023 APPENDIX B — Field Operations Reference Notes for CPT Soundings Logs Cone Penetration Test Sounding Logs (S-1 and S-2) REFERENCE NOTES FOR CONE PENETRATION TEST (CPT) SOUNDINGS In the CPT sounding procedure (ASTM-D-5778), an electronically instrumented cone penetrometer is hydraulically advanced through soil to measure point resistance (qr), pore water pressure (u2), and sleeve friction (fs). These values are recorded continuously as the cone is pushed to the desired depth. CPT data is corrected for depth and used to estimate soil classifications and intrinsic soil parameters such as angle of internal friction, preconsolidation pressure, and undrained shear strength. The graphs below represent one of the accepted methods of CPT soil behavior classification (Robertson, 1990). N ]2 ift Friction Ratio, F, N 1. Sensitive, Fine Grained 2. Organic Soils -Pests 3. Clays; Clay to Silty Clay 4. Clayey Silt to Silty Clay 5. Silty Sand to Sandy Silt tccc 7 C� 100 U C a � .0 N C t6 3 O U 9 2 1 -0A 0 04 0.8 1.2 Pore Pressure Ratio, Bq 6. Clean Sands to Silty Sands 7. Gravelly Sand to Sand 8. Very Stiff Sand to Clayey Sand 9. Very Stiff Fine Grained The following table presents a correlation of corrected cone tip resistance (qt) to soil consistency or relative density: SAND SILT/CLAY Corrected Cone Tip Resistance (qt) (tsf) Relative Density Corrected Cone Tip Resistance (qt) (tsf) Relative Density <20 Very Loose <5 Very Soft 20-40 Loose 5-10 Soft 40-120 Medium Dense 10-15 Firm 15-30 Stiff 120-200 Dense 30-45 Very Stiff >200 Very Dense 45-60 Hard >60 Very Hard SUBSURFACE EXPLORATION PROCEDURE: CONE PENETRATION TESTING (CPT) ASTM D 5778 In the CPT sounding procedure, an electronically instrumented cone penetrometer is hydraulically advanced through soil to measure point resistance (qc), pore water pressure (U2), and sleeve friction (fs). These values are recorded continuously as the cone is pushed to the desired depth. CPT data is corrected for depth and used to estimate soil classifications and intrinsic soil parameters such as angle of internal friction, pre -consolidation pressure, and undrained shear strength. SOUNDING SDUND[NG !CS NUMBER CUSTOMER: Cu— "OLE 11UWER: e_e OPERATOR: RPIC TEST DATE'. WMD1D ID:35:M3 CC Io_DES1371 COMMENT Av�E�9ia>s On LOCATION: Mi— COMMENT: FL[er Cn SBT FR T. Resislawe 0)SPT FoeMee [Ro6. I>399i Infz� oaar'IU n[deg) D�f cPs nATIauoNxn: D.DD.o.Do.D.D LOCATION: 1.6an LOCATION: I.Fane LOCATION: Mavis S1_Shwa Pme Presss:e s� n e�� s 1 --Foe prdinetl 4 Gihy davm day T Giln sa to seridy se't "1D Graveln_andmsand 2 CVumic mazenal 5 Clayey sill m silty dl 9 sar - tysend 11 Ve Aff floe waned •• 3 Gays B Sandy silo m dayey silt D S 4 E12 SaM to clayeysaM •• 'SB'S Ro�rtson 1598_ "O�ermisalica�ed or Ccmented;'S6T�GPT CORRELATION. 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Na � U o L i Vl CL N 00 o O N p N � a �o U a` APPENDIX C — Supplemental Report Documents GBA Document r- Geotechnical-Engineering Report --) The Geoprofessional Business Association (GBA) has prepared this advisory to help you — assumedly a client representative — interpret and apply this geotechnical-engineering report as effectively as possible. In that way, clients can benefit from a lowered exposure to the subsurface problems that, for decades, have been a principal cause of construction delays, cost overruns, claims, and disputes. If you have questions or want more information about any of the issues discussed below, contact your GBA-member geotechnical engineer. Active involvement in the Geoprofessional Business Association exposes geotechnical engineers to a wide array of risk -confrontation techniques that can be of genuine benefit for everyone involved with a construction project. Geotechnical-Engineering Services Are Performed for Specific Purposes, Persons, and Projects Geotechnical engineers structure their services to meet the specific needs of their clients. A geotechnical-engineering study conducted for a given civil engineer will not likely meet the needs of a civil - works constructor or even a different civil engineer. Because each geotechnical-engineering study is unique, each geotechnical- engineering report is unique, prepared solely for the client. Those who rely on a geotechnical-engineering report prepared for a different client can be seriously misled. No one except authorized client representatives should rely on this geotechnical-engineering report without first conferring with the geotechnical engineer who prepared it. And no one - not even you - should apply this report for any purpose or project except the one originally contemplated. Read this Report in Full Costly problems have occurred because those relying on a geotechnical- engineering report did not read it in its entirety. Do not rely on an executive summary. Do not read selected elements only. Read this report in full. You Need to Inform Your Geotechnical Engineer about Change Your geotechnical engineer considered unique, project -specific factors when designing the study behind this report and developing the confirmation -dependent recommendations the report conveys. A few typical factors include: • the client's goals, objectives, budget, schedule, and risk -management preferences; • the general nature of the structure involved, its size, configuration, and performance criteria; • the structure's location and orientation on the site; and • other planned or existing site improvements, such as retaining walls, access roads, parking lots, and underground utilities. Typical changes that could erode the reliability of this report include those that affect: • the sites size or shape; • the function of the proposed structure, as when it's changed from a parking garage to an office building, or from a light -industrial plant to a refrigerated warehouse; • the elevation, configuration, location, orientation, or weight of the proposed structure; • the composition of the design team; or • project ownership. As a general rule, always inform your geotechnical engineer of project changes - even minor ones - and request an assessment of their impact. The geotechnical engineer who prepared this report cannot accept responsibility or liability for problems that arise because the geotechnical engineer was not informed about developments the engineer otherwise would have considered. This Report May Not Be Reliable Do not rely on this report if your geotechnical engineer prepared it: • for a different client; • for a difrerentproject; • for a different site (that may or may not include all or a portion of the original site); or • before important events occurred at the site or adjacent to it; e.g., man-made events like construction or environmental remediation, or natural events like floods, droughts, earthquakes, or groundwater fluctuations. Note, too, that it could be unwise to rely on a geotechnical-engineering report whose reliability may have been affected by the passage of time, because of factors like changed subsurface conditions; new or modified codes, standards, or regulations; or new techniques or tools. If your geotechnical engineer has not indicated an `apply -by" date on the report, ask what it should be, and, in general, if you are the least bit uncertain about the continued reliability of this report, contact your geotechnical engineer before applying it. A minor amount of additional testing or analysis - if any is required at all - could prevent major problems. Most of the "Findings" Related in This Report Are Professional Opinions Before construction begins, geotechnical engineers explore a site's subsurface through various sampling and testing procedures. Geotechnical engineers can observe actual subsurface conditions only at those specific locations where sampling and testing were performed. The data derived from that sampling and testing were reviewed by your geotechnical engineer, who then applied professional judgment to form opinions about subsurface conditions throughout the site. Actual sitewide-subsurface conditions may differ - maybe significantly - from those indicated in this report. Confront that risk by retaining your geotechnical engineer to serve on the design team from project start to project finish, so the individual can provide informed guidance quickly, whenever needed. This Report's Recommendations Are Confirmation -Dependent The recommendations included in this report - including any options or alternatives - are confirmation -dependent. In other words, they are not final, because the geotechnical engineer who developed them relied heavily on judgment and opinion to do so. Your geotechnical engineer can finalize the recommendations only after observing actual subsurface conditions revealed during construction. If through observation your geotechnical engineer confirms that the conditions assumed to exist actually do exist, the recommendations can be relied upon, assuming no other changes have occurred. The geotechnical engineer who prepared this report cannot assume responsibility or liability for confirmation - dependent recommendations if you fail to retain that engineer to perform construction observation. This Report Could Be Misinterpreted Other design professionals' misinterpretation of geotechnical- engineering reports has resulted in costly problems. Confront that risk by having your geotechnical engineer serve as a full-time member of the design team, to: • confer with other design -team members, help develop specifications, • review pertinent elements of other design professionals' plans and specifications, and be on hand quickly whenever geotechnical-engineering guidance is needed. You should also confront the risk of constructors misinterpreting this report. Do so by retaining your geotechnical engineer to participate in prebid and preconstruction conferences and to perform construction observation. Give Constructors a Complete Report and Guidance Some owners and design professionals mistakenly believe they can shift unanticipated -subsurface -conditions liability to constructors by limiting the information they provide for bid preparation. To help prevent the costly, contentious problems this practice has caused, include the complete geotechnical-engineering report, along with any attachments or appendices, with your contract documents, but be certain to note conspicuously that you've included the material for informational purposes only. To avoid misunderstanding, you may also want to note that "informational purposes" means constructors have no right to rely on the interpretations, opinions, conclusions, or recommendations in the report, but they may rely on the factual data relative to the specific times, locations, and depths/elevations referenced. Be certain that constructors know they may learn about specific project requirements, including options selected from the report, only from the design drawings and specifications. Remind constructors that they may perform their own studies if they want to, and be sure to allow enough time to permit them to do so. Only then might you be in a position to give constructors the information available to you, while requiring them to at least share some of the financial responsibilities stemming from unanticipated conditions. Conducting prebid and preconstruction conferences can also be valuable in this respect. Read Responsibility Provisions Closely Some client representatives, design professionals, and constructors do not realize that geotechnical engineering is far less exact than other engineering disciplines. That lack of understanding has nurtured unrealistic expectations that have resulted in disappointments, delays, cost overruns, claims, and disputes. To confront that risk, geotechnical engineers commonly include explanatory provisions in their reports. Sometimes labeled "limitations;' many of these provisions indicate where geotechnical engineers' responsibilities begin and end, to help others recognize their own responsibilities and risks. Read these provisions closely. Ask questions. Your geotechnical engineer should respond fully and frankly. Geoenvironmental Concerns Are Not Covered The personnel, equipment, and techniques used to perform an environmental study - e.g., a "phase -one" or "phase -two" environmental site assessment - differ significantly from those used to perform a geotechnical-engineering study. For that reason, a geotechnical- engineering report does not usually relate any environmental findings, conclusions, or recommendations; e.g., about the likelihood of encountering underground storage tanks or regulated contaminants. Unanticipated subsurface environmental problems have led to project failures. If you have not yet obtained your own environmental information, ask your geotechnical consultant for risk -management guidance. As a general rule, do not rely on an environmental report prepared for a different client, site, or project, or that is more than six months old. Obtain Professional Assistance to Deal with Moisture Infiltration and Mold While your geotechnical engineer may have addressed groundwater, water infiltration, or similar issues in this report, none of the engineer's services were designed, conducted, or intended to prevent uncontrolled migration of moisture - including water vapor - from the soil through building slabs and walls and into the building interior, where it can cause mold growth and material -performance deficiencies. Accordingly, proper implementation of the geotechnical engineer's recommendations will not of itself be sufficient to prevent moisture infiltration. Confront the risk of moisture infiltration by including building -envelope or mold specialists on the design team. Geotechnical engineers are not building - envelope or mold specialists. GEOPROFESSIONAL BUSINESS &EPA ASSOCIATION Telephone: 301 /565-2733 e-mail: info@geoprofessional.org wwwgeoprofessional.org Copyright 2016 by Geoprofessional Business Association (GBA). Duplication, reproduction, or copying of this document, in whole or in part, by any means whatsoever, is strictly prohibited, except with GBAs specific written permission. Excerpting, quoting, or otherwise extracting wording from this document is permitted only with the express written permission of GBA, and only for purposes of scholarly research or book review. only members of GBA may use this document or its wording as a complement to or as an element of a report of any kind. Any other firm, individual, or other entity that so uses this document without being a GBA member could be committing negligent