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HomeMy WebLinkAbout20231031 Ver 1_49-15421-E Wawa Jacksonville NC - 404-401 Wetland Permit Application Report_20230724WESTERN BOULEVARD WAWA 4336 WESTERN BOULEVARD JACKSONVILLE, NORTH CAROLINA 28541 ECS PROJECT NO. 49:15421 -E SAW-2023-00878 J U LY 19, 2023 C ECS Southeast, LLP Geotechnical • Construction Materials • Environmental • Facilities U.S. Army Corps of Engineers Wilmington District Washington Field Office 2407 West Fifth Street Washington, NC 27889 "One Firm. One Mission." July 19, 2023 ECS Project No. 49:15421-E Reference: Pre -Construction Notification Application (NWP #39), Western Boulevard Wawa, 4336 Western Boulevard, Jacksonville, Onslow County North Carolina To Whom It May Concern: Please find a copy of the Pre -Construction Notification Application for a Nationwide Permit (NWP) 39 for Commercial and Institutional Developments for Western Boulevard Wawa (SAW-2023-00878) located at 4336 Western Boulevard in Jacksonville, Onslow County, North Carolina. If you have any questions, please contact Michelle Measday, CFM, PWS at 919-861-9910 or MMeasday@ecslimited.com. Sincerely, ECS Southeast, LLP H i44b K, I t Michelle Measday, CFM, PWS Paul M. Stephens IV, P.E., PWS Natural Resources Department Manager Associate Principal MMeasday@ecslimited.com PStephens@ecslimited.com 919-861-9910 843-654-4448 • ECS Southeast, LLP 1.0 INTRODUCTION The site consists of an approximate 2.30 acre tract located at 4336 Western Boulevard near Carolina Forest Boulevard, Jacksonville, Onslow County, North Carolina (34.802025,-77.418150). According to the Onslow County Geographic Information System (GIS) website, the Parcel Identification Numbers (PINS) are: 437810469205 and 437810468628 2.30. The site currently consists of wooded land. ECS Project # 49:15421-E Page 1 C • ECS Southeast, LLP 2.0 PROJECT PURPOSE & NEED The purpose and need of the project is for development of an Wawa convenience store with re -fueling services. Other aspects of the site include central location, sufficient size for the proposed building and services that can be supported with current infrastructure, and is complimentary to the existing commercial properties that are located in the general area. The selected site offers the following which was important to the intended use: 1. Preferred site location along a major thoroughfare in close proximity to residential development. The site is located on Western Boulevard at the intersection with Carolina Forest Boulevard. Extensive residential and commercial development is located within close proximity to the site. 2. Utilities in place and or close to the site. The site requires electrical, gas, fiber, water, and sanitary sewer. Utilities are located within Western Boulevard. 3. The site is generally flat, with little earthwork, import or export of soils necessary to achieve the project footprint. The site generally slopes in a southeast to northwest direction with an approximately slope ranging from 0 to 2%. Minimal earthwork and re -grading of the site will be necessary to achieve optimal slopes for the project footprint. No import or export of soils will be necessary development of the site. 4. A site was large enough to accommodate the prototypical Wawa project footprint that includes all design elements, including the convenience store building, re -fueling area, underground fuel tanks, stormwater management measures, utilities, parking, access drive aisles and waste disposal. The general footprint of a Wawa convenience store with re -fueling requires approximately 2.5 acres to accommodate all the required development components. The footprint of disturbance for the project is approximately 2.3 acres. This allows for safe ingress/egress with two driveways; one on Carolina Forest Boulevard and the other on Western Boulevard. The development meets the local requirements for parking spaces and stormwater management measures. Local ordinance requires installation of sidewalks on the southern and western boundaries of the site to connect to existing and future sidewalks. Easy access for delivery and waste management trucks. 5. The site must provide good secondary road access to support the expected user traffic. Both Western and Carolina Forest Boulevard are divided roadways with wide, vegetated central islands to separate traffic. The site will be a right turn in/right turn out due to this separation. A traffic signal at the intersection of Western and Carolina Forest Boulevard will control traffic adjacent to both site entrances. ECS Project # 49:15421-E Page 2 C July • 2023 ECS Southeast, LLP 6. A site that was relatively free of environmental features, streams, and floodplain, and/or features that would be too large to accommodate the development footprint. The site design was able to accommodate the regulated features within the parcel. 7. The site is entitled/zoned to appropriately allow for the intended commercial use. The site is specifically zoned for such a use and is complimentary to uses within the vicinity of the site. In order to provide two point access to the site, impacts to a wetland and stream in the southwestern corner is necessary. Impacts to the wetland were minimized to the maximum extent practicable. Stabilization measures with rip -rap placement within the streambed was necessary to minimize erosion downstream. ECS Project # 49:15421-E Page 3 C • ECS Southeast, LLP 3.0 BACKGROUND Western Boulevard Wawa (SAW-2023-00878) is located at 4336 Western Boulevard in Jacksonville, Onslow County, North Carolina (Appendix II). The site consists of approximately 2.30 acres and is further identified on the Onslow County GIS Website as Parcel Identification Number (PIN) 437810469205 and 437810468628. The site currently consists of wooded land. Surrounding properties consist of commercial uses. Appendix III, Figures 1 and 2. ECS Project # 49:15421-E Page 4 C • ECS Southeast, LLP 4.0 AGENCY FIELD VERIFICATION & JURISDICTIONAL DETERMINATION OD' ECS submitted the delineation findings for verification under an Preliminary jurisdictional Determination (PJD) on April 24, 2023. The project was assigned a USACE project manager under SAW-2023-00929 on May 2, 2023. No field visit has been scheduled with the Corps to confirm the determination. See Appendix IV for documentation. ECS Project # 49:15421-E Page 5 C • ECS Southeast, LLP 5.0 AGENCY CORRESPONDENCE 5.1 Threatened & Endangered Species On May 5, 2023, ECS submitted a request for information pertaining to threatened and endangered species through the North Carolina Natural Heritage Program (NC NHP). According to the Request for Threatened and Endangered Species Consultation received from the NC NHP on May 5, 2023, there are no tracked species of concern found within the project footprint or within a one -mile radius of the project footprint. NC NHP notes to keep in mind that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. On June 16, 2023, ECS utilized the USFWS Information for Planning and Consultation (IPaC) website to submit a request for information on threatened and endangered species within the project area. Based on the generated list, the following threatened, endangered, proposed, and candidate species are listed with the potential to occur within the boundary of the proposed project and/or may be affected by the proposed project: Piping Plover Description: The piping plover is a small, stocky shorebird that resembles a sandpiper. They are approximately seven inches in length with a wingspan of approximately 15 inches. Piping plovers are a pale brownish color with a white underside and are distinguished by a black band across their forehead over their eyes and a black ring around the base of their necks. Habitat: The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species' range, being the only State where the piping plover's breeding and wintering ranges overall and the birds are present year-round. They nest most commonly where there is little or no vegetation, but some may nest in stands of beach grass. The nest is a shallow depression in the sand that is usually lined with shell fragments and light-colored pebbles. Conclusion: The PSA consists of undeveloped, wooded land. Open beaches and associated dune areas were not observed within the PSA. Based on our site observations, suitable habitat for the piping plover was not observed on the PSA. ECS has concluded that development within the PSA will have no effect on the species. Red Knot Description: Red knots are highly migratory birds that have been known to migrate distances of 9,000 miles. They have a wingspan of approximately 20 inches in length. Red knot's coloration will vary depending on the season. In the spring, adults are finely mottled with grays, black and light ochre, running into stripes on the crown and their throats, breast, and sides are a cinnamon -brown color. Adults in the winter lose their reddish -brown coloration on their throats, breasts, and sides. ECS Project # 49:15421-E Page 6 C July • ECS Southeast, LLP Habitat: The red knot is one of the six recognized subspecies of red knots and is the only subspecies that routinely travels along the Atlantic coast of the United States during the spring and fall migrations. It is known to winter in North Carolina and to stop over during migration. Habitats used by red knots in migration and wintering areas are similar in character: coastal marine and estuarine habitats with large areas of exposed intertidal sediments. In North America, red knots are commonly found along sandy, gravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Ephemeral features such as sand spits, islets, shoals, and sandbars, often associated with inlets can be important habitat for roosting. Conclusion: The PSA consists of undeveloped, wooded land with upland and wetland areas. Based on our site observations, suitable habitat for the red knot was not observed within the PSA. ECS has concluded that development within the PSA will have no effect on the species. Red -cockaded Woodpecker Description: The red -cockaded woodpecker (RCW) is a small bird measuring about 7 inches in length. Identifiable by its white cheek patch and black and white barred back, the males have a few red feathers, or "cockade". These red feathers usually remain hidden underneath black feathers between the black crown and white cheek patch unless the male is disturbed or excited. Female RCWs lack the red cockade. juvenile males have a red 'patch' in the center of their black crown. This patch disappears during the fall of their first year at which time their 'red cockades' appear. Habitat: Red -cockaded woodpecker habitat includes forests with trees old enough for roosting, generally at least 60-120 years old, depending on the species of pine. The most prominent adaptation of RCWs is their use of living pines for cavity excavation. Conclusion: The PSA consists of undeveloped, wooded land. Based on the habitat within the PSA, which consists of a closed canopy with a moderately dense understory, it was concluded that habitat for the red- cockaded woodpecker was not present within the PSA. ECS has concluded that developments within the PSA will have no effect on the species. Eastern Black Rail Description: The eastern black rail is a sparrow -sized, secretive marsh bird, and the smallest rail in North America, as described by W.R. Eddleman and others in 1994. Adults have an average length of 4 to 6 inches (10 to 15 centimeters) and a wingspan of 8.7 to 11 inches (22 to 28 centimeters). Habitat: Eastern black rails require dense vegetation cover that allows movement underneath the canopy. Soils are to be saturated, occasionally dry, and interspersed with, or adjacent to, very shallow water to 1 to 6 centimeters. Habitat can be tidally or non -tidally influenced, and range in salinity for salt to brackish to fresh. Conclusion: The above habitat was not observed within the PSA during the site reconnaissance. Therefore, ECS concluded development within the PSA would have no effect on the species. Northern Long-eared Bat ECS Project # 49:15421-E Page 7 C July • ECS Southeast, LLP Description: The Northern long-eared bat is a medium sized bat approximately three to 3.7 inches in length with a wingspan of nine to ten inches in length. The name comes from the characteristic long ears that distinguish this bat species from other species of bats. Habitat: In North Carolina, the Northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernates in eastern North Carolina. During the summer, NLEB roosts singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically >3 inches dbh). Males and non -reproductive females may also roost in cooler places, like caves and mines. This bat has also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree -lined corridors. Mature forests may be an important habitat type for foraging. Conclusions: The PSA consists of undeveloped, wooded land. The PSA was examined during the site reconnaissance for potential roost trees. The PSA contains a mix of deciduous and pine trees. No recently dead deciduous or pine trees or snags were noted. The species is not known for long-distance migrations and caves and subterranean mines are rare in eastern North Carolina. Based upon site observations, suitable habitat for the NLEB is not present within the PSA. In addition, "based upon the IPaC submission and a standing analysis, the project is not reasonably certain to cause incidental take of the northern long-eared bat. Unless the Service advises within 15 days of the date of this letter that the 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." See Appendix VI. American Alligator Description: The alligator can be distinguished from the crocodile by its head shape and color. The crocodile has a narrower snout, and unlike the alligator, has lower jaw teeth that are visible even when its mouth is shut. In addition, adult alligators are black, while crocodiles are brownish in color. The alligator has a large, slightly rounded body, with thick limbs, a broad head, and a very powerful tail that it uses to propel itself through water. The tail accounts for half the alligator's length. While alligators move very quickly in water, they are generally slow -moving on land, although they can be quick for short distances. Habitat: Alligators are usually found in freshwater, slow -moving rivers. They also live in swamps, marshes and lakes. Conclusion: The PSA consists of undeveloped, wooded land. ECS concluded that suitable habitat is not present within the PSA. Additionally, no individuals were observed within the PSA. ECS has concluded that development within the PSA will have no effect on the species. Green Sea Turtle ECS Project # 49:15421-E Page 8 C July • ECS Southeast, LLP Description: Green Sea turtles are approximately four feet in length and can weigh up to approximately 440 pounds. They have heart -shaped shells with a small head and flippers with a single claw. The adult carapace is smooth and keelless and can be light to dark brown in color. Habitat: The green sea turtle is found in temperate and tropical oceans and seas. Nesting in North America is limited to small communities on the east coast of Florida requiring beaches with minimal disturbances and a sloping platform for nesting (they do not nest in NC). The green sea turtle can be found in shallow waters. They are attracted to lagoons, reefs, bays, mangrove swamps, and inlets where an abundance of marine grasses can be found, as this is the principal food source for the green turtle. Conclusion: The PSA consists of undeveloped, wooded land. Open beaches were not observed in the vicinity of the PSA. Based on our site observations, suitable habitat for the green sea turtle does not exist within the PSA. ECS has concluded that development within the PSA will have no effect on the species. Leatherback Sea Turtle Description: Leatherback Sea turtles are approximately four to eight feet in length and can weigh up to approximately 500 to 2000 pounds. Its shell is composed of a mosaic of small bones covered by a firm, rubbery skin with seven longitudinal ridges. The skin is predominantly black with variable pale spotting. Habitat: Leatherbacks are distributed world-wide in tropical waters of the Atlantic, Pacific, and Indian oceans. They are generally an open ocean species and may be common off the North Carolina coast during certain times of the year. However, in northern waters leatherbacks are reported to enter bays, estuaries, and other inland bodies of water. Conclusion: The PSA consists of undeveloped, wooded land. Open beaches were not observed in the vicinity of the PSA. Based on our site observations, suitable habitat for the leatherback sea turtle does not existing within the PSA. ECS has concluded that development within the PSA will have no effect on the species. Kemp's Ridley Sea Turtle Description: The Kemp's ridley sea turtle is the smallest of the sea turtles, reaching approximately two feet in length and weighing up to 100 pounds. They have an oval carapace that is almost wide as it is long. The carapace has five pairs of costal scutes and in each bridge adjoining the plastron to the carapace, there are four inframarginal scutes. Habitat: Kemp's ridley sea turtle is the smallest of the sea turtles that visit North Carolina's coast and has been sighted in most coastal counties. While most of this sea turtle's nesting occurs in Mexico, the species is known to nest on North Carolina beaches infrequently. Conclusion: The PSA consists of undeveloped, wooded land. Open beaches were not observed in the vicinity of the PSA. Based on our site observations, suitable habitat for the Kemp's ridley sea turtle does not exist within the PSA. ECS has concluded that development within the PSA will have no effect on the species. ECS Project # 49:15421-E Page 9 C • ECS Southeast, LLP Loggerhead Sea Turtle Description: Loggerhead Sea turtles have larger heads relative to body sized when compared to green sea turtles. They are a reddish -brown color. They can average approximately three feet in size and weigh approximately 200 pounds. Habitat: The loggerhead is widely distributed within its range and is found in three distance habitats during their lives. These turtles may be found hundreds of miles out in the open ocean, in neritic areas, or on coastal beaches. In North Carolina, this species has been observed in every coastal county. Conclusion: The PSA consists of undeveloped, wooded land. Open beaches were not observed in the vicinity of the PSA. Based on our site observations, a suitable habitat for the Loggerhead sea turtle does not exist within the PSA. ECS has concluded that development within the PSA will have no effect on the species. Cooley's Meadowrue Description: Cooley's meadowrue is a perennial herb, which grows from a rhizome. In an ideal condition, such as full sun, the stems are erect; however, when shaded, they are lax and trail along the ground and lean on plants. They have compound leaves divided into three parts and the leaflets are lance shaped. Habitat: Cooley's meadowrue, documented in the Pine Savanna natural community, occurs in circumneutral soils in sunny, moist to wet grass -sedge bogs, wet -pine savannas over calcareous clays, and savannah -like areas, often at the ecotones of intermittent drainages or non-riverine swamp forests. Conclusion: The PSA consists of undeveloped, wooded land. The PSA does not provide viable habitat such as grass -sedge bogs or wet -pine savannas. Based on soils mapping and site observations suitable habitat for Cooley's meadowrue does not exist within the PSA boundaries. ECS has concluded that development within the PSA will have no effect on the species. Rough -leaved Loosestrife Description: Rough -leaved loosestrife is a perennial herb with triangular shaped leaves that are opposite on shorter stems and tend to be arranged in whorls of three or four encircling taller stems. The leaf surfaces are smooth to the touch. Habitat: Rough -leaved loosestrife grows in the ecotones or transitional portions of the forest floor between longleaf pine and scrub oak savannas and shrubby plant communities on wet sand or peat soils. Conclusion: The PSA consists of undeveloped, wooded land. The above referenced plant communities were not observed within the PSA. Based upon site characteristics, suitable habitat for rough -leaved loosestrife does not exist within the PSA. ECS has concluded that development will have no effect on the species. ECS Project # 49:15421-E Page 10 C • ECS Southeast, LLP Seabeach Amaranth Description: Seabeach amaranth is an annual plant with fleshy, pinkish -red stems and small rounded leaves. The leaves are clustered toward the tip of the stem. Habitat: Seabeach amaranth occurs on barrier island beaches where its primary habitat consists of over wash flats at accreting ends of islands, lower foredunes, and upper strands of noneroding beaches (landward of the wrack line). Conclusion: The PSA consists of undeveloped, wooded land. Sand dunes were not observed on the PSA. Based upon site characteristics, suitable habitat for seabeach amaranth was not observed on the PSA. ECS has concluded that development will have no effect on the species. A copy of the USFWS IPaC letter is attached in Appendix VI. 5.2 Cultural Resources On June 16, 2023, ECS reviewed the North Carolina Historic Preservation Office (NC HPO) website to evaluate the site and surrounding area for potential cultural resources, archaeological sites, and historic structures. No historic structures were identified within 1,500 feet of the PSA. NC HPO letter dated July 10, 2023 stated that a review was conducted of the project and [NCHPO] are aware of no historic resources which would be affected by the project. Therefore, we [NC HPO] have no comment on the project as proposed. A copy of the NC HPO web map and response letter are attached in Appendix VII. ECS Project # 49:15421-E Page 11 C • ECS Southeast, LLP 6.0 CLOSING ECS looks forward to your attention to this request. Please contact Michelle Measday, CFM, PWS at 919-861-9910 orMMeasday@ecslimited.com with questions or if additional information is required. ECS Project # 49:15421-E Page 12 C Appendix I: PCN Form (Submitted Electronically) and 401 PreFile Request Michelle Savage-Measday, PWS From: Michelle Savage-Measday, PWS Sent: Monday, June 19, 2023 11:14 AM To: 401 PreFile@ncdenr.gov Subject: PreFile Request: Wawa Jacksonville - Commercial Development Attachments: Western CF Wetlands Impacts (002).pdf; Figure_1Location Map.pdf; Figure-2 _TopographicMap.pdf IsAddlnActive: True IsSaveAttach mentsChecked: False IsSaveConversationChecked: False SelectedOfficeNum: -1 Ta rgetType: Project This email serves as the pre -filing application for the project. The project is located at 4336 and 4836 Western Boulevard near the intersection with Carolina Forest Boulevard in Jacksonville, Onslow County. A commercial development is proposed at the site. Approximately 210 LF of stream is proposed for temporary/permanent disturbance and 0.015 acre of wetlands is proposed for disturbance. Thank you, Michelle Appendix II: Parcel Information and Agent Authorization 4/21/23, 4:47 PM Onslow County Property Records Site Parcel ID: 075667 Map #: 338-18.56 Tax Year: 2023 Luc: Commercial/Ind/Primary Class: Vacant NBHD: COMMERCIAL WESTERN BLVD. EXT. JACKSONVILLE 4336 WESTERN WW LLC 4336 WESTERN BLVD Parce_ Parcel 075667 Tax Year 2023 Property Addess 4336 WESTERN BLVD Unit Desc Unit # NBHD 2282 - COMMERCIAL WESTERN BLVD. EXT. Class Vacant Land Use Code 34 - Commercial/Ind/Primary Living Units Mapping Acres 2.3 CAMA Acres 2.3 Location Fronting Zoning CC -CC Map # 338-18.56 PIN Number 437810469205 Total Cards 0 Record Type R Legal Legal Description Township City Code Jurisdiction Plat Book-Page/Subd # Fire District Ov. _ Details TR1C BHP WESTERN 110 - JACKSONVILLE 00 - UNINCORPORATED ONSLOW 1000 - JACKSONVILLE UNINCORPORATED 69-108 HM - HALF MOON Owner 1 JACKSONVILLE 4336 WESTERN WW LLC Owner 2 Customer ID 486413000 % Ownership 100 Nature of Ownership - Address 361 SUMMIT BLVD STE 110 BIRMINGHAM, AL 35243-3168 Owner Mailing Owner 1 JACKSONVILLE 4336 WESTERN WW LLC Owner 2 Mailing Address 361 SUMMIT BLVD STE 110 BIRMINGHAM AL 35243 3168 Public Comments Line # Dept Comment https://property.onslowcountync.gov/pt/Datalets/PrintDatalet.aspx?pin=075667&gsp=PROFILEALL&taxyear-2023&jur-067&ownseq=0&card=1 &roll=... 1 /2 4/21/23, 4:47 PM Onslow County Property Records Site CN COMM 1 https://property.onslowcountync.gov/pt/Datalets/PrintDatalet.aspx?pin=075667&gsp=PROFILEALL&taxyear-2023&jur-067&ownseq=0&card=1 &roll=... 2/2 ECS S 4 U T H E AS T, LLP "Setting the Standard for Service" O,M Geotechnical • Construction Materials • Environmental • Facilities INC Registered Engineering Firm F-1078 NC Registered Geologists Firm 0-406 SC Registered Engineering Firm 3239 Property/Site: Address of Site: Agent Authorization Jacksonville (4336 Western) WW, LLC, a Delaware limited liability company Parcel Identification Number (PIN): 338 18 56 Client/Applicant Information: Name: Capital Growth Buchalter Address: Telephone Number: 602 908 1424 Fax Number: E-mail Address: jlewin@cgpre.com Authorization: I, the undersigned, do hereby authorize ECS to act on my behalf and take all actions necessary for the processing of this request, to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCDWR field verification and permit application: Authorized Signature: Date: 9/27/22 ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities Agent Authorization NC Registered Engineering Firm F-1078 NC Registered Geologists Firm C-406 SC Registered Engineering Firm 3239 Property/Site: Jacksonville (4336 Western) WW, LLC, a Delaware limited liability company Address of Site: 4336 Western Blvd Jacksonville NC Parcel Identification Number (PIN): 437810468628 437810469205 Owner Information: Name: Jacksonville (4336 Western) WW, LLC, a Delaware limited liability company Address: 361 Summit Blvd Suite 110 Birmingham AL 35243 Telephone Number: 602 908 1424 Fax Number: E-mail Address: jlewin@cgpre.com Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCDWR fiel verification and permit application: ( ) Property Owner Signature: ti Chad J. Post Date: February 23, 2023 ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com Appendix III: Figures = O' O N H z m w Z z H � N O LLJ U z�-i j p O z u; a ao ° a w H p R= v z N Lu a= a� �oo�� �a CM) U U U)LL0 O Q� Z Y J OJ coLL y a) V_ um O Q It z O z co (U) w m w LL O z U) O o Q- U Z �Q m r 4 i co Q U) 0 U 2. d J O Cl) >i L J -i Q 2 Z } N 0 J W Q~ � Z LLI L °' a\0 N U Z W J O J Q\ R II Z N J 2 w W d' Z 0 Q `io�en q I L U) LL 0 0 U p a Z N yn ^�n., o � a Q LLI 3:<y0 O W a a� �zv�of �a °' o�ao > v LL V V u CO r�Oi 0 a Z 0 Y p m (n w m w LL �� w Of 0 Z C9 a a 3 U a U 0 Q 41 // 00 co 1 f 0 • / I a--S = �• // • c-I ailrsa ' 0 ^^L W . / ` LL. W )— pp pU N 2� O Um- Wz Wz N ~W -i Q cn �p� Wa �z 0 O O� U z m W Z wFm w� wa N J W Z (n J Z W d Qw r >pw ma �� N 0 M C7Q LL, O H Q 3:z wz0cl is •� w p Z N W JS LLI Ofz oaf U Q 2 ao0� mz= p< v1 0 wRt tV a w LL O0 = J 0LU oWo nZ 2 T a Q Q Y O Q z� OF a_ Q� z U U) H 2 o��a a�C �Ww >. 2 v LL U Um Q co Q p SSW �� w m w LL u a�i O Z W~ n E2,Oz nwm nao ro (n > v Q O °/ p o =UN ~>� ~oaf � R Q U d U F a z F W �N N m- M W d 0 a Z �Q 8,tsa�Oy e4j/o '. co cA ' s r Q coco `�'r • ' O _ Y c N r t co (nNNW- r o K O U Q i O O N 0 0 O 0 n Appendix IV: PJD Request Submitted April 24,2023 We_ I ECS SOUTHEAST, LLP Geotechnical • Construction Materials • Environmental 5260 Greens Dairy Road Raleigh, North Carolina 27616 Telephone: (919) 861-9910 To: US Army Corps of Engineers Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403 We are sending you the following items via: Email LETTER OF TRANSMITTAL Date: 4/24/2023 1 Project No. 1 49:15421 COPIES DATED DESCRIPTION 1 4/21/2023 Preliminary Data Entry Field for New Actions Form 1 4/21/2023 Jurisdictional Determination Request Form 1 4/21/2023 Preliminary Jurisdictional Determination (PJD) Form 1 -- Onslow County Tax Card 1 9/27/22 & 2/23/23 Agent Authorizations 1 6/8/22 & 10/1/22 Figures, Photos, Data Forms 1 4/21/2023 ORM U load Sheet Consolidated Ra anos 20220225 These are transmitted as checked below: X For your use As requested REMARKS Attached is the JD Request Packet for ECS Project 49:15421 for 4336 and 4386 Western Boulevard located in Jacksonville, Onslow County, North Carolina. According to the Onslow County GIS Database website, the Parcel Identification Numbers (PINs) are 437810469205 and 437810468628 and is approximately 12.24 acres. The site consists of undeveloped wooded land. Surrounding areas consists of commercial properties, residential properties and wooded land. If you have any questions, please contact Michelle Measday at MMeasday0ecslimited.com or (919) 441-2437. COPY TO: SIGNED: Nti"� M,...% t Preliminary Data Entry Fields for New Actions SAW — - 1. Project Name: Proposed Wawa Site 2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose: Wetland delineation for the preliminary planning of the proposed development. 4. Property Owner / Applicant: Capital Growth Buchalter 5. Agent/Consultant: Michelle Measday (ECS Southeast) 6. Related Action ID Number(s): 7. Project Location - Coordinates, Street Address, and/or Location Description: 34.802025,-77.418150, 4336 and 4386 Western Boulevard 8. Project Location - Tax Parcel ID: 437810469205 and 437810468628 9. Project Location —County: Onslow 10. Project Location — Nearest Municipality or Town : ,Jacksonville 11. Project Information — Nearest Waterbody: White Oak 12. Watershed / 8-Digit Hydrologic Unit Code: 03020302 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # ❑ Regional General Permit # ❑✓ Jurisdictional Determination Request ❑� Section 10 & 404 ❑ ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20210513 urisdictional Determination Reauest US Army Corps of Engineers. Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 4336 and 4836 Western Blvd. City, State: Jacksonville, North Carolina County: Onslow County Parcel Index Number(s) (PIN): 03020302 B. REQUESTOR INFORMATION Name: Jeffrev Lewin/Capital Growth Buchalter Mailing Address: 361 Summit Blvd. Telephone Number: Birmingham, Alabama 602-908-1424 Electronic Mail Address: Jlewin@cgpre.com Select one: ❑ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultanti ❑✓ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: See Agent Authorization Mailing Address: Telephone Number: Electronic Mail Address: 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See Attached Agent Authorization Print Name Capacity: ❑✓ Owner ❑ Authorized Agents 4/21 /2023 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑✓ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: s For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) ZI am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the I I review area. ✓� Size of Property or Review Area 12.24 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 34.802025 Longitude:-77.418150 zA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. W1 Vicinity Map zAerial Photograph z USGS Topographic Map Soil Survey Map zOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) zLandscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms hJ Other Assessment Forms ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 4/21 /2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Michelle Measday, PWS, CFM C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County/parish/borough: OnsloW City: Jacksonville Center coordinates of site (lat/long in degree decimal format): Lat.: 34.802025 Long.:-77.418150 Universal Transverse Mercator: 1 7s Name of nearest waterbody: White Oak E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ■❑ Field Determination. Date(s): 6/8/2022 & 10/13/2022 (ECS) TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) W1 34.802613 -77.418685 0.89 ac. Wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Figure 6: Potential Waters of the U.S. Map 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, 1-12,000, Jacksonville NC FEW Natural Resources Conservation Service Soil Survey. Citation: Figure3,US°A-"RCS web Sol Survey Map, Dated2019 ■❑ National wetlands inventory map(s). Cite name: Figure 4, USFWS NWI Mapper ❑ State/local wetland inventory map(s): ■❑ FEMA/FIRM maps: Figure 5, Panel 3720437800J, 11 /3/2005 ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ■❑ Aerial (Name & Date): Figure 3-6 or ■❑ Other (Name & Date): Appendix I I: Photo Log ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Michelle Measday - a W-gy Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 4/21/23, 4:44 PM Onslow County Property Records Site Parcel ID: 075666 Luc: Commercial WESTERN SIX INVESTORS LLC Parcel Parcel Tax Year Property Addess Unit Desc Unit # NBHD Class Land Use Code Living Units Mapping Acres CAMA Acres Location Fronting Zoning Map # PIN Number Total Cards Record Type Legal Legal Description Township City Code Jurisdiction Plat Book-Page/Subd # Fire District Ov. _ Details Map #: 338-18.55 Class: Vacant 075666 2023 4386 WESTERN BLVD Tax Year: 2023 NBHD: COMMERCIAL WESTERN BLVD. EXT. 4386 WESTERN BLVD 2282 - COMMERCIAL WESTERN BLVD. EXT. Vacant 33 - Commercial 9.94 9.94 CC -CC 338-18.55 437810468628 0 R TR1 B BHP WESTERN 110 - JACKSONVILLE 00 - UNINCORPORATED ONSLOW 1000 - JACKSONVILLE UNINCORPORATED 69-108 HM - HALF MOON Owner 1 WESTERN SIX INVESTORS LLC Owner 2 C/O JOHN PIERCE Customer ID 211119000 % Ownership Nature of Ownership - Address PO BOX 1685 JACKSONVILLE, NC 28541-1685 Owner Mailing Owner 1 WESTERN SIX INVESTORS LLC Owner 2 C/O JOHN PIERCE Mailing Address PO BOX 1685 JACKSONVILLE NC 28541 1685 Public Comments Line # Dept Comment https://property.onslowcountync.gov/pt/Datalets/PrintDatalet.aspx?pin=075666&gsp=PROFILEALL&taxyear-2023&jur-067&ownseq=0&card=1 &roll=... 1 /2 4/21/23, 4:44 PM Onslow County Property Records Site CN COMM 1 https://property.onslowcountync.gov/pt/Datalets/PrintDatalet.aspx?pin=075666&gsp=PROFILEALL&taxyear-2023&jur-067&ownseq=0&card=1 &roll=... 2/2 4/21/23, 4:47 PM Onslow County Property Records Site Parcel ID: 075667 Map #: 338-18.56 Tax Year: 2023 Luc: Commercial/Ind/Primary Class: Vacant NBHD: COMMERCIAL WESTERN BLVD. EXT. JACKSONVILLE 4336 WESTERN WW LLC 4336 WESTERN BLVD Parce_ Parcel 075667 Tax Year 2023 Property Addess 4336 WESTERN BLVD Unit Desc Unit # NBHD 2282 - COMMERCIAL WESTERN BLVD. EXT. Class Vacant Land Use Code 34 - Commercial/Ind/Primary Living Units Mapping Acres 2.3 CAMA Acres 2.3 Location Fronting Zoning CC -CC Map # 338-18.56 PIN Number 437810469205 Total Cards 0 Record Type R Legal Legal Description Township City Code Jurisdiction Plat Book-Page/Subd # Fire District Ov. _ Details TR1C BHP WESTERN 110 - JACKSONVILLE 00 - UNINCORPORATED ONSLOW 1000 - JACKSONVILLE UNINCORPORATED 69-108 HM - HALF MOON Owner 1 JACKSONVILLE 4336 WESTERN WW LLC Owner 2 Customer ID 486413000 % Ownership 100 Nature of Ownership - Address 361 SUMMIT BLVD STE 110 BIRMINGHAM, AL 35243-3168 Owner Mailing Owner 1 JACKSONVILLE 4336 WESTERN WW LLC Owner 2 Mailing Address 361 SUMMIT BLVD STE 110 BIRMINGHAM AL 35243 3168 Public Comments Line # Dept Comment https://property.onslowcountync.gov/pt/Datalets/PrintDatalet.aspx?pin=075667&gsp=PROFILEALL&taxyear-2023&jur-067&ownseq=0&card=1 &roll=... 1 /2 4/21/23, 4:47 PM Onslow County Property Records Site CN COMM 1 https://property.onslowcountync.gov/pt/Datalets/PrintDatalet.aspx?pin=075667&gsp=PROFILEALL&taxyear-2023&jur-067&ownseq=0&card=1 &roll=... 2/2 ECS S 4 U T H E AS T, LLP "Setting the Standard for Service" O,M Geotechnical • Construction Materials • Environmental • Facilities INC Registered Engineering Firm F-1078 NC Registered Geologists Firm 0-406 SC Registered Engineering Firm 3239 Property/Site: Address of Site: Agent Authorization Jacksonville (4336 Western) WW, LLC, a Delaware limited liability company Parcel Identification Number (PIN): 338 18 56 Client/Applicant Information: Name: Capital Growth Buchalter Address: Telephone Number: 602 908 1424 Fax Number: E-mail Address: jlewin@cgpre.com Authorization: I, the undersigned, do hereby authorize ECS to act on my behalf and take all actions necessary for the processing of this request, to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCDWR field verification and permit application: Authorized Signature: Date: 9/27/22 ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com ECS SOUTHEAST, LLP "Setting the Standard for Service" Geotechnical • Construction Materials • Environmental • Facilities Agent Authorization NC Registered Engineering Firm F-1078 NC Registered Geologists Firm C-406 SC Registered Engineering Firm 3239 Property/Site: Jacksonville (4336 Western) WW, LLC, a Delaware limited liability company Address of Site: 4336 Western Blvd Jacksonville NC Parcel Identification Number (PIN): 437810468628 437810469205 Owner Information: Name: Jacksonville (4336 Western) WW, LLC, a Delaware limited liability company Address: 361 Summit Blvd Suite 110 Birmingham AL 35243 Telephone Number: 602 908 1424 Fax Number: E-mail Address: jlewin@cgpre.com Property Owner Certification: I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE) and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal/State jurisdiction under Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish supplemental information in support of this request, including stream/wetland matters in coordination with the USACE and the NCDWR fiel verification and permit application: ( ) Property Owner Signature: ti Chad J. Post Date: February 23, 2023 ECS Capitol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest, LLC • ECS Southeast, LLP • ECS Texas, LLP www.ecslimited.com Appendix I: Figures N 2� Q J V CD NO �� zm -�Z a Z d N 0cr J � H Cl) J 0 J N T m II N Z N LU G« p W ZQEL OOaZFV � 2 s�"a,a¢ ¢YOOO d° Cri 0 u� Z�(A m ~ dmwZ m ' ca OO z c�o O d a _LL 1 r i ' J ` O co v 0 }A-�\ .• N • cn n -� o 0 Ln J � N CD CN L Q J CD�iW H zm �Z z N �� N J W m� c NWO Zd N �W wz a0OV a3:T Oa ° �� d QIL Z >y 0Q um vZ0 z m W asZ CO�d c'Q _LL a> V d a V F C Q ✓P c p - .O U J z o ° E E o° �s V V � A� i Cujo Y Q�r pM �oS SJO JacKson T , �dVO V �r avi Jtp �a G`10 6 ar�r �O Ao OM����eJ 8 od d, c 6S�apl Q a N O O 40 4os'apUai� ,Q ApA+` c, Q h 0 A� U0 717� d IO sA 00 Y 0^ W 111i:= Ln C Ln 0 Vl d 3l3 �a c m m W d L O LL L m s d L LL i Q J Q W W Cl)z O a~ O p O U LL Q Q (0 Q Y O Z V � v ZO a co O Z a � U "2 ft3 N m 2 = 0 0 LL U) O LL LL N N C E t '� N o � o C 7 D 4- a � Ix � cA N Q o J F I � LL C N O 0' C., La o Q = IL Q n O a m T C r2 C 7 O LU SN. to OZ !"gyp LL N LU LU F O a a LU d LL F O O N N p O N u; C LO N z° W o D m w f7� C9 � o 0 0 0 130 Q Ni 0mm w° LUZ - 04 N O� U c m W Z 0 EL LU w3 wg N N 0J W Lll Cl) J z O � ¢w0 zUw ma d II N o La o �W>O0 ate- 3�z WZz 9 w o Z N w J2 X W W Z U¢ a J¢o¢ m°$ o y C d W a a~ 0 0 U Q z tea° x oo� z < O z a7 mp liQ� Z uxco ,a O 0:5�w uO� ILO Z O 0 o w w�N co a c wuaza~ QV\N ai�IL C_7 , %-V 4f( N h.1 ' / ' • �f -ANN- a r PJeAelnoa;s r t 1 v v N L OR >' C o 0 Cl) C OCL N v UCL m m a- < a C 0 0co � o � a d ® � 0 Appendix II: Photographic Log Southeast, LLP 1 - Typical view of the potential wetland on site. 2 - Typical view of the upland soil on site. ECS Project # 49:15421 WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Project/Site: Western Blvd. City/County: Jacksonville/Onslow Sampling Date: 06/08/2022 Applicant/Owner: Capital Growth Buchalter State: NC Sampling Point: Wetland 1 Investigator(s): J. Grubb Section, Township, Range: None Landform (hillside, terrace, etc.): Terrace/Flatland Local relief (concave, convex, none): Concave Slope (%): 0-2% Subregion (LRR or MLRA): LRR T Lat: 34.800909 Long:-77.418776 Datum: NAD 83 Soil Map Unit Name: GoA, Ra NWI classification: PFO Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Potential wetland area was observed on the southwestern and southern portions of the project study area HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) X Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) X High Water Table (A2) _ Marl Deposits (B15) (LRR U) X Drainage Patterns (1310) X Saturation (A3) —Hydrogen Sulfide Odor (Cl) X Moss Trim Lines (1316) X Water Marks (131) X Oxidized Rhizospheres on Living Roots (C3) X Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) X Crayfish Burrows (C8) _ Drift Deposits (133) —Recent Iron Reduction in Tilled Soils (C6) X Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) X Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _ShallowAquitard (D3) _ Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) X Water -Stained Leaves (139) X Sphagnum Moss (D8) (LRR T,U) Field Observations: Surface Water Present? Yes X No Depth (inches): 3 Water Table Present? Yes X No Depth (inches): 4 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Wetland 1 Absolute Dominant Indicator Tree Stratum (Plot size: 30'r ) % Cover Species? Status Dominance Test worksheet: 1. Pinus taeda 15 Yes FAC Number of Dominant Species 2. Liquidambarstyraciflua 20 Yes FAC That Are OBL, FACW, or FAC: 10 (A) 3. Acerrubrum 20 Yes FAC Total Number of Dominant 4. Species Across All Strata: 10 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: 55 =Total Cover OBL species 10 x 1 = 10 50% of total cover: 28 20% of total cover: 11 FACW species 20 x 2 = 40 Sapling/Shrub Stratum (Plot size: 30'r ) FAC species 135 x 3 = 405 1. Pinus taeda 5 No FAC FACU species 0 x 4 = 0 2. Liquidambarstyraciflua 15 Yes FAC UPL species 0 x 5 = 0 3. Acerrubrum 10 Yes FAC Column Totals: 165 (A) 455 (B) 4. Laurus nobilis 10 Yes FAC Prevalence Index = B/A = 2.76 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. X 2 - Dominance Test is >50% 8. X 3 - Prevalence Index is <_3.0' 40 =Total Cover -Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 20 20% of total cover: 8 Herb Stratum (Plot size: 30'r ) 1. Arundinaria gigantea 20 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Microstegium vimineum 20 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Juncus effusus 5 No OBL 4. Woodwardia areolata 5 No OBL Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub -Woody plants, excluding vines, less 8. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. 50 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 25 20% of total cover: 10 height. Woody Vine Stratum (Plot size: 30'r ) 1. Smilax rotundifolia 15 Yes FAC 2. Vitis rotundifolia 5 Yes FAC 3. 4. 5 Hydrophytic 20 =Total Cover Vegetation 50% of total cover: 10 20% of total cover: 4 Present? Yes X No Remarks: (If observed, list morphological adaptations below.) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: Wetland 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type —LOC2 Texture Remarks 0-8 10YR 4/1 95 7.5YR 5/8 5 C M Loamy/Clayey 8-24 10YR 4/2 100 Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _ Histosol (Al) —Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _2 cm Muck (A10) (LRR S) _ Black Histic (A3) (MLRA 15313, 153D) —Coast Prairie Redox (A16) _ Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) _ Stratified Layers (A5) —Loamy Gleyed Matrix (F2) _ Reduced Vertic (F18) _ Organic Bodies (A6) (LRR, P, T, U) X Depleted Matrix (F3) (outside MLRA 150A, 15013) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) —Piedmont Floodplain Soils (F19) (LRR P, T) _ Muck Presence (A8) (LRR U) _ Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 15313) X Depleted Below Dark Surface (Al 1) —Marl (F10) (LRR U) —Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _ Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) _ Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) —Barrier Islands Low Chroma Matrix (TS7) _ Sandy Gleyed Matrix (S4) —Delta Ochric (F17) (MLRA 151) (MLRA 15313, 153D) _Sandy Redox (S5) _Reduced Vertic (F18) (MLRA 150A, 15013) _Other (Explain in Remarks) _ Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 149A) _ Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Project/Site: Western Blvd. City/County: Jacksonville/Onslow Sampling Date: 06/08/2022 Applicant/Owner: Rhetson Companies, INC State: NC Sampling Point: upland 1 Investigator(s): J. Grubb Section, Township, Range: None Landform (hillside, terrace, etc.): Flatland Local relief (concave, convex, none): none Slope (%): <1% Subregion (LRR or MLRA): LRR T Lat: 34.800941 Long:-77.418735 Datum: NAD 83 Soil Map Unit Name: GoA, Ra NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Marl Deposits (B15) (LRR U) —Drainage Patterns (1310) _ Saturation (A3) —Hydrogen Sulfide Odor (Cl) _ Moss Trim Lines (1316) _ Water Marks (131) —Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _ Sediment Deposits (132) —Presence of Reduced Iron (C4) —Crayfish Burrows (C8) _ Drift Deposits (133) —Recent Iron Reduction in Tilled Soils (C6) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) _Iron Deposits (135) _Other (Explain in Remarks) _ShallowAquitard (D3) _ Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T,U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: upland 1 Absolute Dominant Indicator Tree Stratum (Plot size: 30'r ) % Cover Species? Status Dominance Test worksheet: 1. Pinus taeda 15 Yes FAC Number of Dominant Species 2. Liquidambarstyraciflua 20 Yes FAC That Are OBL, FACW, or FAC: 10 (A) 3. Acerrubrum 20 Yes FAC Total Number of Dominant 4. Species Across All Strata: 10 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: 55 =Total Cover OBL species 0 x 1 = 0 50% of total cover: 28 20% of total cover: 11 FACW species 10 x 2 = 20 Sapling/Shrub Stratum (Plot size: 15'r ) FAC species 125 x 3 = 375 1. Liquidambar styraciflua 10 Yes FAC FACU species 0 x 4 = 0 2. Acerrubrum 10 Yes FAC UPL species 0 x 5 = 0 3. Laurus nobilis 15 Yes FAC Column Totals: 135 (A) 395 (B) 4. Prevalence Index = B/A = 2.93 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. X 2 - Dominance Test is >50% 8. 3 - Prevalence Index is <_3.0' 35 =Total Cover -Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 18 20% of total cover: 7 Herb Stratum (Plot size: 5'r ) 1. Arundinaria gigantea 10 Yes FACW Indicators of hydric soil and wetland hydrology must be 2. Microstegium vimineum 20 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub -Woody plants, excluding vines, less 8. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. 30 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 15 20% of total cover: 6 height. Woody Vine Stratum (Plot size: 30'r ) 1. Smilax rotundifolia 10 Yes FAC 2. Vitis rotundifolia 5 Yes FAC 3. 4. 5 Hydrophytic 15 =Total Cover Vegetation 50% of total cover: 8 20% of total cover: 3 Present? Yes X No Remarks: (If observed, list morphological adaptations below.) US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region - Version 2.0 SOIL Sampling Point: upland 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type —LOC2 Texture 0-24 10yr 6/4 100 Sandy C=Concentration. D=Depletion. RM=Reduced Matrix. MS=Masked Sand Grains. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) _ Histosol (Al) —Thin Dark Surface (S9) (LRR S, T, U) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _ Black Histic (A3) (MLRA 15313, 153D) _Hydrogen Sulfide (A4) _Loamy Mucky Mineral (F1) (LRR O) _ Stratified Layers (A5) —Loamy Gleyed Matrix (F2) _ Organic Bodies (A6) (LRR, P, T, U) _ Depleted Matrix (F3) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) _ Muck Presence (A8) (LRR U) _ Depleted Dark Surface (F7) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) _ Depleted Below Dark Surface (Al 1) —Marl (F10) (LRR U) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _ Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR O, P, T) _Sandy Mucky Mineral (S1) (LRR O, S) Umbric Surface (F13) (LRR P, T, U) _ Sandy Gleyed Matrix (S4) —Delta Ochric (F17) (MLRA 151) _ Sandy Redox (S5) —Reduced Vertic (F18) (MLRA 150A, 15013) _ Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 149A) _ Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) (LRR S, T, U) _Very Shallow Dark Surface (F22) (MLRA 138, 152A in FL, 154) Restrictive Layer (if observed): Type: Depth (inches): Remarks 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _ 1 cm Muck (A9) (LRR O) 2 cm Muck (A10) (LRR S) —Coast Prairie Redox (A16) (outside MLRA 150A) _ Reduced Vertic (F18) (outside MLRA 150A, 15013) —Piedmont Floodplain Soils (F19) (LRR P, T) _Anomalous Bright Floodplain Soils (F20) (MLRA 15313) Red Parent Material (F21) _Very Shallow Dark Surface (F22) (outside MLRA 138, 152A in FL, 154) Barrier Islands Low Chroma Matrix (TS7) (MLRA 15313, 153D) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X This data sheet is revised from Atlantic and Gulf Coastal Plain Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Atlantic and Gulf Coastal Plain Region — Version 2.0 Appendix V: Impact Exhibits 3N 111M0113Vf O-n MM IA 11 % SiOVd WI S4 NHl13M (N2:SiSzIM 9Mb) zPTANOSNOVf = 0 0o ae9� t7 t/Mt/M m� m� m� N � a, mp 229.39'�, --- F —y— — — — _ _ _ i z /\ � V I a a � E 0 I - W uj LL LL I N o, I n oos O I 0 v� Appendix VI: USFWS IPaC,, NLAA Consistency Letter for NLEP,, and NC Natural Heritage Program 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: 2023-0094818 Project Name: 49-15421-E Proposed Wawa - Jacksonville June 16, 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 06/16/2023 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. 06/16/2023 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 06/16/2023 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 06/16/2023 PROJECT SUMMARY Project Code: 2023-0094818 Project Name: 49-15421-E Proposed Wawa - Jacksonville Project Type: Commercial Development Project Description: Commerical use. Convenience store with re -fueling Project Location: The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/@34.8019779,-77.41806948610727,14z z 'fib Counties: Onslow County, North Carolina 06/16/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 15 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA 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 S TATU S Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 06/16/2023 4 BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 REPTILES NAME S TATU S American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https://ecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DP There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/1110 INSECTS NAME S TATU S Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 06/16/2023 FLOWERING PLANTS NAME S TATU S Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3281 Pondberry Lindera melissi folia Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1279 Rough -leaved Loosestrife Lysimachia asperulae folia Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 06/16/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that 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 Treater of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9587 Bachman's Sparrow Aimophila aestivalis Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 30 and Alaska. https:Hecos.fws.gov/ecp/species/6177 06/16/2023 NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. PROBABILITY OF PRESENCE SUMMARY Breeds Mar 15 to Aug 25 Breeds Apr 1 to Jul 31 Breeds May 10 to Sep10 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: 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 06/16/2023 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 American BCRestrel +—+' ++++ ++++ 111 Jill Jill Jill ha -4- —+ Bachman's Sparrow BCC Rangewide + ++ + + +— + ++++ + ++ + Jill Jill Jill 11V + + + (CON) --- Bald Eagle Non -BCC ;0'11 Jill Jill Jill Jill ---- +—+— Jill �+-4­4- Jill Vulnerable Brown -headed Nuthatch Jill 1111 11111111 11,1 I�II III— — — — — +-11 1111 1-1- 1'11 BCC -BCR +—++ ++++ Jill Jill Jill BCC Rangewide BCC Rangewide ill Jill Jill (CON) Prothonotary +-++++++++++ Warbler �4I Jill Jill Jill BCC Rangewide (CON) 06/16/2023 4 Red-headed 'm Woodpecker +�++ ++++ ++++ ++�+ ++-- — — — — +--- — — — — - ++++ +—+— —4-+ BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratoEy-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-miuratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.Ddf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? 06/16/2023 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 Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. 06/16/2023 Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell 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. 06/16/2023 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Michelle Measday Address: 5260 Greens Dairy Road City: Raleigh State: NC Zip: 27616 Email mmeasday@ecslimited.com Phone: 9198619910 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: 2023-0094818 Project Name: 49-15421-E Proposed Wawa - Jacksonville Federal Nexus: yes Federal Action Agency (if applicable): Subject: Technical assistance for'49-15421-E Proposed Wawa - Jacksonville' Dear Michelle Measday: June 16, 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 16, 2023, for '49-15421-E Proposed Wawa - Jacksonville' (here forward, Project). This project has been assigned Project Code 2023-0094818 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. 06/16/2023 IPaC Record Locator: 877-127886457 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 • Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened • 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 • Monarch Butterfly Danaus plexippus Candidate • Piping Plover Charadrius melodus Threatened • Pondberry Lindera melissi folia Endangered • Red Knot Calidris canutus ru fa Threatened • Red -cockaded Woodpecker Picoides borealis Endangered • Rough -leaved Loosestrife Lysimachia asperulae folia Endangered • Tricolored Bat Perimyotis sub flavus 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 877-127886457. (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. 06/16/2023 IPaC Record Locator: 877-127886457 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. 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 2023-0094818 associated with this Project. 06/16/2023 IPaC Record Locator: 877-127886457 4 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name 49-15421-E Proposed Wawa - Jacksonville 2. Description The following description was provided for the project'49-15421-E Proposed Wawa - Jacksonville': Commerical use. Convenience store with re -fueling The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a)34.8019779,-77.41806948610727,14z 06/16/2023 IPaC Record Locator: 877-127886457 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 06/16/2023 IPaC Record Locator: 877-127886457 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 anv 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-kU- selected -definitions No 06/16/2023 IPaC Record Locator: 877-127886457 11. Your project overlaps with an area where northern long-eared bats maybe 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.). No 17. Will the action include or cause any construction or other activity that is reasonably certain to increase average daily traffic on one or more existing roads? Note: 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.). . No 06/16/2023 IPaC Record Locator: 877-127886457 18. Will the action include or cause any construction or other activity that is reasonably certain to increase the number of travel lanes on an existing thoroughfare? 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.). No 19. Will the proposed action involve the creation of a new water -borne contaminant source (e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)? No 20. Will the proposed action involve the creation of a new point source discharge from a facility other than a water treatment plant or storm water system? No 21. Will the action include drilling or blasting? No 22. Will the action involve military training (e.g., smoke operations, obscurant operations, exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)? No 23. Will the proposed action involve the use of herbicides or pesticides other than herbicides (e.g., fungicides, insecticides, or rodenticides)? No 24. Will the action include or cause activities that are reasonably certain to cause chronic nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise is noise that is continuous or occurs repeatedly again and again for a long time. Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at: https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No 25. Does the action include, or is it reasonably certain to cause, the use of artificial lighting within 1000 feet of suitable northern long-eared bat roosting habitat? Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at: https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No 26. Will the action include tree cutting or other means of knocking down or bringing down trees, tree topping, or tree trimming? Yes 06/16/2023 IPaC Record Locator: 877-127886457 27. Has a presence/probable absence summer bat survey targeting the northern long-eared bat following the Service's Range -wide Indiana Bat and Northern Long -Eared Bat Survey Guidelines been conducted within the project area? If unsure, answer "No." No 28. Does the action include emergency cutting or trimming of hazard trees in order to remove an imminent threat to human safety or property? See hazard tree note at the bottom of the key for text that will be added to response letters Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property and has a diameter breast height of six inches or greater. No 29. Your project overlaps with an area where northern long-eared bats may be present year- round. To minimize or avoid impacts to the northern long-eared bat, all activities affecting trees should not occur from December 15th to February 15th and April 15th to July 30th. Will any project activites occur from December 15th to February 15th and/or April 15th to July 30th. Yes 06/16/2023 IPaC Record Locator: 877-127886457 10 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. 2.5 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. 2.5 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? Yes 06/16/2023 IPaC Record Locator: 877-127886457 11 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Michelle Measday Address: 5260 Greens Dairy Road City: Raleigh State: NC Zip: 27616 Email mmeasday@ecslimited.com Phone: 9198619910 Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ May 5, 2023 Karson Chern ECS Southeast LLP 7614 Netherlands Drive Wilmington, NC 28405 RE: Proposed C-Store Jacksonville ; 15421 Dear Karson Chern: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program IR ►�lEidD]MAE:3E:1 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. 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 found within the project area or is 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. 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 Federally - listed species are 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 DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. 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T afU _0 w Q O � m � v -0 v o � Q 7 a) p Co CD u Cl) N p O o m a N as M O M N a Appendix VII: NCHPO HOPWeb Map NCHPO HPOWEB - o P O 7d 6 4 tn +1 C o E �O V C� w ❑t a S °c a of c r c 'a Y Ga6f Hill Fib v aPIS CV Savannah Dr _ �1yn6rpokeet � a �4ioU4h6y{ Ra a yyalk++I s grunsw"* Dr G N17ra n ds Ln o 404� �Q one G,` e4Oach I?r a o �d+°dA� Lv°Q f-daeflarAG ♦Whyte J +bay Drf z y9e a r�,� "0 J o { C J7 C � d 4� ONSLOW ova° L�Ily C! V it aN d wmdsar n oa ❑r a 6p I r Q�ad''d, e Pj P/O to`�c� a0 h%+ra' ',01 03 c .. r b� a Rehr G ✓3enn P 0 O S Ot Ctes Ln s dr o o�tr�` R0 ° ash Cl t c yn, 10.11 Pf ray' 3 4 O m Me�"i'tl 8if► 5/5/2023, 10:04:59 AM Surveyed Only individual resources & centerpoints Surveyed Only Surveyed Only, Gone Counties (outline) Common; brN 1:18,056 0 0.17 0.35 0.7 mi 0 0.28 0.55 1.1 km State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA,USGS North Carolina State Historic Preservation Office State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson July 10, 2023 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. Michelle Savage-Measday, PWS mmeasdaykecslimited.com ECS SOUTHEAST, LLP 5260 Greens Dairy Road Raleigh, NC 27616 Re: Construct Wawa gas station, 4386 Western Boulevard, Jacksonville, Onslow County, ER 23-1449 Dear Ms. Savage-Measday: Thank you for your letter of June 16, 2023, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental. reviewkncdcr. gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, (1. )akdL Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898