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HomeMy WebLinkAbout20231058 Ver 1_Attachments_20230726DAVEY*-. Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 July 17, 2023 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Founders Park, Perry Ave, Leland; Brunswick County, NC NWP 39 Application Action ID# SAW-2021-00783 To Whom It May Concern: On behalf of The Town of Leland, Davey Resource Group, Inc. is submitting a Pre -Construction Notification form and associated attachments for Founders Park, a public recreational park with facilities located off Perry Ave in Leland, NC. The purpose of the project is to improve and expand upon the existing facilities within the park. The project proposes to permanently impact 0.03 acre of a jurisdictional ditch to extend Perry Ave for better site access. Since impacts are less than 0.1 acre and are to a jurisdictional ditch, no mitigation is proposed. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, 44q Scarlett Henson Environmental Scientist Encl. Cc: The Town of Leland Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Founders Park Leland, NC Brunswick County PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Preliminary Wetland Map 3.0 SITE PLAN DRAWINGS Existing Conditions Sheet 1. Impact Map Sheet 2. Impact Map Detail 1 Sheet 3. Impact Map Detail 2 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List USFWS NLAA Consistency Letter for NLEB 1.0 AGENT AUTHORIZATION FORM DAVEY#-. Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for Founders Park located in Leland, NC. All questions regarding this project should be directed to Davey Resource Group. Sincerely, Applicant Print Name Date Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Preliminary Wetland Map or i M� ��a0 dd Aw Road NONw,! �Ilry� £ Navassa ,y SfG, fty Nw u57L ofp'uOt wle ftoa _ [ - � a A .A'��� .,ay4`-^■ a, 06ae 4 4■ , �e s water uiy wpi n4p -•. _ - __ '� `-e. - �,y` r�: ..�: 0 - - ' us,,� -_- r ��r y►1 .`eG'- �,�Tr`+xsrl4i� s DPP __- -_ ___- _ e a' 1K ■SM� '3- 'pTc � _ _ 44 � .Cleo .� ,� 4d ^''Y �` '1 =- ' T,,t• rls$,a ` Leland � - f us,7 - w:..ipGin[ou' {n 99 L } VO� � e~ • � � I # a��� €� � 16 L:\WETLANDS\2021 WETLANDS FILES\LMG21.111\MAPS\GIS Boundaries are approximate and not meant to be absolute. Map Source: OpenStreetMap N 0 1,000 2,000 Founders Park Brunswick County, NC DAVEY o Figure 1 Resource Group Vicinity Map Map Date- June 2023 3805 Wrightsville Avenue DRGNCW21.111 Wilmington, NC 28403 (910) 452-0001 4,000 =ft ale W on,, `la nd OIL gem, .f ilpiriT� • L:\WETLANDS\2021 WETLANDS FILES\LMG21.111\MAPS\GIS Boundaries are approximate and not meant to be absolute. Map Source: USGS Topographic Founders Park AbLi Brunswick County, NC DAVEY o Resource Group Map Date- June 2023 3805 Wrightsville Avenue DRGNCW21.111 Wilmington, NC 28403 (910) 452-0001 N 0 300 600 1,200 ft Figure 2 Topographic Map d. ..: r _ x 46 Ne. �. r?• �. ;. 1{rr •. .94 � �~� .,Fry 4. • ,�' +��� y�' y"" P Soils BaB: Baymeade fine sand, 1-6% slopes BDC: Baymeade & Marvyn soils, 6-12% slopes I 4 ' L:\WETLANDS\2021 WETLANDS FILES\LMG21.111\MAPS\GIS Boundaries are approximate and not meant to be absolute. Map Source: GIS Soils Data Founders Park AbLi Brunswick County, NC DAVEY o Resource Group Map Date: June 2023 3805 Wrightsville Avenue DRGNCW21.111 Wilmington, NC 28403 (910) 452-0001 N 0 100 200 Figure 3 Soils Map 400 Mft L:\WETLANDS\2021 WETLANDS FILES\LMG21.111\MAPS\GIS Boundaries are approximate and not meant to be absolute. Map Source: Nearmap 2023 Aerial Founders Park Brunswick County, NC DAVEY o Resource Group Map Date- June 2023 3805 Wrightsville Avenue DRGNCW21.111 Wilmington, NC 28403 (910) 452-0001 N 0 100 200 400 ft Figure 4 Current Aerial This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field notes. The site has not been field verified by the USACE at this time. This delineation was performed by Nick Howell on 8-23-19. ,f r. t . A I 74 ♦� �► y1 i r . „ ♦� "C. -'c a •� ��� - �� Project Area T-1 1W 17 #7 rF44ir -� J777 - 1 "- W-1 � t � 6 7-2 W-2 NMI-iT r x¢.u!I'A' Legend = Project Area —2.05 Acres ■n■u■ WOUS Perennial Stream —71 Linear Feet ■l�l�li WOUS Non -Stream —370 Linear Feet O Paired Data Points Areas considered potential 404 Wetlands —0.06 Acres or 3% Areas considered uplands —1.99 Acres or 97% L:\WETLANDS\2021 WETLANDS FILES\LMG21.111 --- Founders Park, McGill\MAPS N 0 25 50 100 Boundaries are approximate and not meant to be absolute. Feet Map Source: 2020 NC OneMap Scale applies to 11X17" print. Founders Park LMG Brunswick County, NC Figure 7 LAND MANAGEMENT GROUP Section 404 panMarch 2021 aD"1E4�ghtsvilleeAven., °nuea Delineation Sketch 3805 Wri LMG21.111 Wilmington, NC 28403 (910) 452-0001 3.0 SITE PLAN DRAWINGS Existing Conditions Sheet 1. Impact Map Sheet 2. Impact Map Detail 1 Sheet 3. Impact Map Detail 2 >vi,owoa6lo,sow'mmm 0091—BSi-016 :auoytlala\ eb b VNI'10'dVDHIHON'QNV'IH'I ov>a� ,N „ �� °s , ry -,eos �d �° w.� xxr�a s JaArAO � Q�797 - �� oa aw oo S011bW03�Jld1SbO� ✓) �_ „z'36 2IOJ AHANfIS SNOIJAINOD'JNI.LSIxH a" ooGp a � _ nM- Vv� Rom �� M� ®®aKxQ w• '� �a�� I _ �'�� __ •e� �Ga _ a� ao� I �@�pQ�, �� I' I �'$s=3���s ppR� ' �8W m +� M Ems Sao_ _ e._� MV -- E g.4 AW's', sa aoo j¥ a�� Flo -Ap ,-- gb hU. Al U_gig nlgt Is�a� -k 7i 9d'. s a g Y a�<===gym �=g I • . :: _ ,. tp z c _41 g I nag vi�owoa6lo�sow'mmm 0091—OSi-016 :auoytlalaY ezt— VN1'10Z1VDH12ION.QNVIHF1 AWAd sxJajVn 0.1 QAIV797 - aw S011b'W03�J1'd1Sb'O� �✓) � � � _ „z'3\ '0, �I9A2IRS SNOI,1,NOO 'JN1.L 1 I I I I I I I I I I I I I I I I I I I I I I I I I I I � I I I I 1 I I I I I 'I I I _y I I I � s t °•` I ��a mmS I a RR I 6— J3 4 a;,'';; `_ 5 �,;�', a`€ yes o i�- UH INA e Atop Nay I'pan-, LI'�o ,_ wI Or.w m al Wetland Line Proposed Storm Water Pipe and Outfall Proposed Storm WL11 ater Pipe Existing Storm Water Pipe Proposed Road Expansion and Improvement Proposed Predestrian Sidewalk > Proposed Road Proposed Ditch Impacts 0.03 ac/-325 LF Proposed Building Proposed Storm Water Wetland Line Proposed Storm Water Proposed Pedestrian Sidewalk Proposed Storm Water Pond 1, Proposed Gravel Road Existing Road Proposed Parking Lots � �/ � Existing Trees Proposed Building F. i^ / Proposed Aquatic Play Area / O o Proposed Sidewalk Proposed Elevated Stage i Existing Buildings Property Boundary NOTES: 0 75 150 300 Proposed Impacts 1. Existing conditions surveyed by Coastal Existing Contours Geomatics on 7/11/2022. A—WDNY Projet Date: Remsion Date Proposed Contours 2. Wetlands delineated by Davey Resource Group and verified by USACE 5262021. GY Founders Park 7/17/2023 N/A Ditch 3. Base file provided b McGill Associates. y Resource Group soale: 1"= 150' yob NlDRG RGNCW21.111 Stream 4. Not a surveyed or engineered drawing. Title: Wetlands For environmental permitting Only. SWrightsville Ave Suite15Drawn vNhinlmington, North Carolina 28403 Site Plan By: SH Sheet Number 1 &3 \WFTI ANDSI70�1 WFTI ANTIS F II FSV B.11 111— Fonnrlers Park MMill W WPIFonnrlers Park rlwn 910-452-0001 / Proposed Road Expansion • and Improvement • r �� • o Existing Storm Water Pipe C 2 • Proposed Road / t Proposed Storm Water Pipe / 30" RCP / • r� 2 - • / ® y Existing Trees Cco • 0 • og • 0 0 i • 0• • r� Proposed Pedestrian Sidewalk Proposed Ditch Impacts // • 0.03 ac/-325 LF i r 0 0 0 00 /6 00 •s• • 0 0 0 • ® o 01 o° • ° j o • % • J o 0 Ditch ! • • %%' 0 ! 0 ' I i Stream Existing Trees 0 0 0 • 0 Wetlands \ x ©O 0 aes e1► O 0 Proposed Storm Water 18" RCP a 0 20 40 80 Property Boundary NOTES: Proposed Impacts 1. Existing conditions surveyed by Coastal Existing Contours Geomatics on 7/11/2022. Proiea Dete Rems;on Dbo, 2. Wetlands delineated by Davey Resource A`/��/ Founders Park 7/17/2023 N/A Proposed Contours Grou and verified b USACE 5262021. D�yr G i p y scale. Job Number. Ditch 3. Base file provided by McGill Associates. RB$UUI'CB GI'OUp r¢le 1.. = 40' DRGNCW21.111 Stream 4. Not a surveyed or engineered drawing. 3805 Wnghts,;Ilo Aoe Swte 15 Wetlands For environmental permitting only. Whington, North Carolina 28403 Site Plan Drawn By. SB Sheet Number 910-452-0001 \WFTI ANDSN0�1 WFTI AN- F II FSV MC11 111— Fonnrlers Park MM;II W WPrFonnrlers Park rlwn Proposed Storm Water Pipe and Outfl 30" RCP ................ Ditch Wetlands 0 20 40 80 Existing Contours NOTES Ditch 1. Existing conditions surveyed by Coastal Wetlands Geornatics on 7/11/2022. Proi Est. vision Est. 2. Wetlands delineated by Davey Resource Founders Park 7/17/2023 N Group on 7/14/23. DAVEYT Sod. Job N,mb.r 3. Base file provided by McGill Associates. Resource Group 1.. = 40' DRGNCW21 111 Tito 4. Not a surveyed or engineered drawing 38(5 Wnghtsvill. Av. Sno, 15 For environmental permitting only. Whington North Carolina 28403 Site Plan Er—n By. SH Shoot N,mb.r 3 of 3 910-452-0001 \WETLANESU021 WETLANDS FILESIMG21 111 Fo,nd,, Pbrk McGiIIVWPTo,nd— Pbrk d- 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List USFWS NLAA Consistency Letter for NLEB Roy Cooper, Governor ■ ■■■ lr■■ ■ INC DEPARTMENT OF 0■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ June 27. 2023 Scarlett Henson Davey Resource Group, Inc. 3805 Wrightsville Avenue Wilmington, NC 28403 RE: Founders Park Dear Scarlett Henson: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-22453 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. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 CO + N n N N N n n n n n M n M n n n n N M n N n T, mo e Ln Ln -0 EO Lc � 0 M CJ M CJ CJ CJ Lc � 0 CO 0 0 � 0C� � � (3 C� C� C3 0 CO aJ Q > > O a � a ao Cu a o a C aJ C 0+ a .O O (J O7 O7 O O7 O +, f6 aJ Cl° C C f0 f0 f0 W' CO C W' f6 CO � E N U E O) O) o O) CC3 W W (n (n W n O O D o c CO -0 CC3 co E a W CO a C Q W Q E c i D D D 0 O O O O a a o O O O O O u J J J J > o> J 000 J J J J J c- O M M Q M M M u +O CO C a) aD CO E co T T x x = W com m m m m m Lu o Q O FY - M O O � roN� E a �N N O N N N N N W M 0 N N �p O O aO N O) O N G) O N O� O N O N O N n3 i O O O O O O C D E z Q � Q CO (9 (9 Ln O �p O� O� O� O) O) CO � Ln ILL Z U O N O O O O O o N N O a p 0 W O O c O O 0 LL z ° E � o D n D `° v o 0, E n Q E W c o U L, o CO Ln a u a o c° o o E a ° n O u u n Q u c Ln Ln Ln D- a) EE � a CO CO > � cn W �° — CO D- D- coo � - OQ E E° C o o CO u CC3 c o o a �L �L �L a Li -0 a LL i� CO o E D � Ln � i Ln CO E o(D o u i i n� - n� n� n� im � n� x-0 C D� C � CO D ° a a m W (n � Q m (n v- v (n (n n� Q E c� co z O ° (9 N N M 0 Ln O Ln r, r, r, r, r, N r, r-, F, O O O O co Ln O O 0-) 0-) M M M M M M M M M Ln U) ° I C O C C C O +�'-+ +�'-+ +�'-+ +�'-+ +�'-+ +�'-+ +�'-+ CO a - >' +J `� n3 C C C C C C C E OL � — 7 f6E — f6E`6E`6E 7 — 7 — 7 — 7 `6E — `6E`6E.° 7 — 7 CO N E ��� �� 0cn ` E cn D E D E D E D E D E D E D E a D cn COx E E E D 6 0 ro O C O C O C O C O L O C O a) CO W�--(3 Q QQm C)C)LL zu z u z u z u zu zuzuQ� > Mi L J$ / \ CO / n / /cocn / 3 d M E \\ .gg s % \ e � \ \ cn D // � \ E CO \ / x 4 6 / \(® / CO 3 / FY \ \ \ E \ \/ o \ / \ $ 2 D E \ /� y 6 & / CO CO \ CO E CO s z \ e .g e yv e eE 0 E .e = // / 0 o a \ \ \ \ M / E E \ \ \ /\\ \ / ^ - e EEEEE \ m 2 g.0 \ \ \ \ \ e e l \ © / / / / / -® \ / o \� CO}/ a a a a a 3 v 4 2/ / / / / / e e e e a e a a a a a \ CO \ / \ § \ .0) CO CO / < < CO mu a)\ \\\\\ \/ 0 m e m c e e ƒ 2 ® c © a a a a a e=Cle e a a a a a e $.2 / y / \ \ \ \ \ \ y ± 2 / -- 2 g z / / / / / / \ e e < 2 2 2 § e Z 5 d 2 5 5 5 5 5 \ CO / e / » \ % E § \ \ 0 \ \ O = e CO- m m = .k \ \ \ \ e o o = \ \ \ \ J CO e eee e CO2 \ t/ _ e / D m m m m m z z z z z = m a s s e s ( \ E c \ \ \ \ \ / \ e-U, o/�� 00000 ° cn \ \ \ $ / / \ \ \ \ \ / 2 FY \\\\\\\\/ < E \ \ /j/ ° / °/ © / \ \ \ \ \ Z s z z CO / \ j / / j 0 / / / / / Z s a 3 x x 3 z e eee e / \ \\ ra s / L ^M LL L O LL '6 4 J N N W C) z U Z T Z w M 2 Z dO Q m N � a v w -0 o � G 73 0 m v o ru a"i N 0 DODD \1 G 011 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: 2023-0098430 Project Name: Founders Park June 27, 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 06/27/2023 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. 06/27/2023 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 • Marine Mammals 06/27/2023 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 06/27/2023 PROJECT SUMMARY Project Code: 2023-0098430 Project Name: Founders Park Project Type: Recreation Events Project Description: Recreational park Project Location: The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/@34.23771825,-78,01009545060379,14z Counties: Brunswick County, North Carolina 06/27/2023 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 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10515 West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location does not overlap the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos.fws.gov/ecp/species/4469 STATUS Endangered Proposed Endangered Threatened 06/27/2023 4 BIRDS NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/7614 REPTILES NAME Threatened Endangered 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 SNAILS NAME S TATU S Magnificent Ramshorn Planorbella magni Pica Proposed There is proposed critical habitat for this species. Your location does not overlap the critical Endangered habitat. Species profile: https://ecos.fws.gov/ecp/species/6216 06/27/2023 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3281 STATUS Candidate STATUS Endangered 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. 06/27/2023 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 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 Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. 06/27/2023 NAME BREEDING SEASON Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/ecp/species/9679 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. Swallow-tailed Kite Elanoides for ficatus Breeds Mar 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jun 30 and Alaska. https:Hecos.fws.gov/ecp/species/8938 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 06/27/2023 3 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. R' probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bad Eagle a Jill IIII IIII IIII 11 ---- Jill IIII IIII IIIIl — — — — — — — — — — — — — --—�— NuthatchBrown-headed Jill Jill Jill Jill III— BCC-BCR Chimney Swift BCC Rangewide ---� —++— — Jill Jill Jill Jill Jill — — — — — — — — — — — — — — — — (CON) Lesser Yellowlegs BCC Rangewide (CON) Prothonotary Warbler — Jill Jill Jill Jill — — — — — — — — — — — — — — — — — — — — BCC Rangewide (CON) Red-headed Jill Jill"-- ---- —�— — ---- Woodpecker BCC Rangewide .'.� (CON) 06/27/2023 4 Swallow-tailed Kite BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-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? 06/27/2023 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. 06/27/2023 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. 06/27/2023 MARINE MAMMALS Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act! and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. NAME West Indian Manatee Trichechus manatus Species profile: https://ecos.fws.gov/ecp/species/4469 06/27/2023 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Scarlett Henson Address: 3805 Wrightsville Ave Suite 15 City: Wilmington State: NC Zip: 28403 Email scarlett.henson@davey.com Phone: 9102798348 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Gary Beecher Email: Gary.H.Beecher@usace.army.mil Phone: 9104737045 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: 2023-0098430 Project Name: Founders Park Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Technical assistance for'Founders Park' Dear Scarlett Henson: June 28, 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 28, 2023, for 'Founders Park' (here forward, Project). This project has been assigned Project Code 2023-0098430 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 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. Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid. 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. 06/28/2023 IPaC Record Locator: 465-128332232 Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: • American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) • Cooley's Meadowrue Thalictrum cooleyi Endangered • Green Sea Turtle Chelonia mydas Threatened • Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered • Leatherback Sea Turtle Dermochelys coriacea Endangered • Loggerhead Sea Turtle Caretta caretta Threatened • Magnificent Ramshorn Planorbella magni Pica Proposed Endangered • Monarch Butterfly Danaus plexippus Candidate • Piping Plover Charadrius melodus Threatened • 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 • West Indian Manatee Trichechus manatus Threatened 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 465-128332232. (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. 06/28/2023 IPaC Record Locator: 465-128332232 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 2023-0098430 associated with this Project. 06/28/2023 IPaC Record Locator: 465-128332232 4 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Founders Park 2. Description The following description was provided for the project'Founders Park': Recreational park The approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/(a)34.23771825,-78.01009545060379,14z 4 t' S� 06/28/2023 IPaC Record Locator: 465-128332232 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 06/28/2023 IPaC Record Locator: 465-128332232 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 06/28/2023 IPaC Record Locator: 465-128332232 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? Yes 14. Do the interior dimensions of the culvert or tunnel equal or exceed 4.0 feet (1.3 meters) in height and 130 feet (40 meters) in length? Answer "No" if the affected culvert(s) or tunnel is smaller in either of these two dimensions. No 15. 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 16. 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 17. Will the action cause construction of one or more new roads open to the public? For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.). Yes 18. Will any new road go through any area of contiguous forest that is greater than or equal to 10 acres in total extent? Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres. Yes 06/28/2023 IPaC Record Locator: 465-128332232 19. For every 1,000 feet of new road that crosses between contiguous forest patches, will there be at least one place where bats could cross the road corridor by flying less than 33 feet (10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road surface? No 20. Will the proposed action result in the cutting or other means of knocking down, bringing down, or trimming of any trees suitable for northern long-eared bat roosting? Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities. Yes 06/28/2023 IPaC Record Locator: 465-128332232 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 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the inactive (hibernation) season for northern long-eared bat? Note: Inactive season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and- staging-areas 0 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the active (non -hibernation) season for northern long-eared bat? Note: Inactive season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates- swarming-and-staging-areas 2 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 For the area from which all potential northern long-eared bat (NLEB) roost trees will be removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are removed will be developed or otherwise converted to non -forest for the foreseeable future. 0 Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought down? No Will all project activities by completed by April 1, 2024? No 06/28/2023 IPaC Record Locator: 465-128332232 10 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Scarlett Henson Address: 3805 Wrightsville Ave Suite 15 City: Wilmington State: NC Zip: 28403 Email scarlett.henson@davey.com Phone: 9102798348 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Gary Beecher Email: Gary.H.Beecher@usace.army.mil Phone: 9104737045