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HomeMy WebLinkAbout20220774 Ver 2_Application Attachments_20230721 (2)Carolina Colours Medical & Office Park/New Market HDS, LLC/Waterscape Way/Craven Pre -Construction Notification Attachments Prepared for: New Market HDS, LLC Mr. David Swain 1131-B Military Cutoff Road Wilmington, NC 28405 (910)256-2211 Prepared by: Southern Environmental Group, Inc. Ms. Dana Lutheran 5315 South College Road, Suite E Wilmington, NC 28412 910.228.1841 Date: 19 May 2023 Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Appendices Number Description 1 Parcel Information and Aerial 2 Division of Water Resources Water Classification Map 3 Carolina Colours Medical Park PJD and NWP 39 4 Carolina Colours Medical Park Site Plan & Wetland Impact Map 5 USFW IPaC Office Species List and NLEB Consistency Letter 6 Craven County GIS Flood Map 7 NC State Historic Preservation HPOWEB 2.0 Map Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 1 Parcel Information and Aerials x' Aa t. ' �. Tract B Tract C FF r i� Parcel ID Owner: Mailing Address: Property Address Description : Lot Description Craven County Geographic Information System Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. This report was created by Craven County GIS reporting services on 3/31/2023 12:43:48 PM 7-104 -27000 CCHC PROPERTIES LLC PO BOX 12248 NEW BERN NC 28561 *'Tt PARCEL A CAROLINA COLOURS MEDICAL PARK 1712 Subdivision Assessed Acreage : 2.040 Calculated Acreage : 2.040 Deed Reference : 3713-0716 Recorded Date : 2 18 2022 Recorded Survey: J-4-F Estate Number : Land Value: $357,000 Tax Exempt: No Improvement Value: $0 # of Improvements : 0 Total Value : $357,000 City Name: NEW BERN Fire tax District Drainage District : Special District Land use : VACANT - TRACT SUITABLE FOR COMMERCIAL DEVELOPMENT Recent Sales Information SALE DATE Sellers Name Buyers Name Sale Type Sale Price 2/18/2022 NEW MARKET HDS LLC CCHC PROPERTIES LLC STRAIGHT $992,000 TRANSFER List of Improvements to Site No improvements listed for this parcel Parcel ID Owner: Mailing Address: Property Address Description : Lot Description Assessed Acreage Deed Reference : Recorded Survey: Estate Number : Craven County Geographic Information System Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. This report was created by Craven County GIS reporting services on 3/31/2023 12:42:45 PM 7-104 -27001 NEW MARKET HDS LLC PO BOX 10189 WILMINGTON NC 28404 PARCEL B CAROLINA COLOURS MEDICAL PARK 1712 Subdivision Land Value: Improvement Value Total Value : City Name: Drainage District Land use 1.200 Calculated Acreage : 1.200 2359-0855 Recorded Date : 9 27 2005 J-4-F $570,000 Tax Exempt: No $0 # of Improvements : 0 $570,000 NEW BERN Fire tax District Special District VACANT - TRACT SUITABLE FOR COMMERCIAL DEVELOPMENT Recent Sales Information No Sales Information for this parcel List of Improvements to Site No improvements listed for this parcel Parcel ID Owner: Mailing Address: Property Address Description : Lot Description Assessed Acreage Deed Reference : Recorded Survey: Estate Number : Craven County Geographic Information System Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes. This report was created by Craven County GIS reporting services on 3/31/2023 12:43:36 PM 7-104 -27002 NEW MARKET HDS LLC PO BOX 10189 WILMINGTON NC 28404 PARCEL C CAROLINA COLOURS MEDICAL PARK 1712 Subdivision Land Value: Improvement Value Total Value : City Name: Drainage District Land use 4.050 Calculated Acreage : 4.060 2359-0855 Recorded Date : 9 27 2005 J-4-F $1,012,490 Tax Exempt: No $0 # of Improvements : 0 $1,012,490 NEW BERN Fire tax District Special District VACANT - TRACT SUITABLE FOR COMMERCIAL DEVELOPMENT Recent Sales Information No Sales Information for this parcel List of Improvements to Site No improvements listed for this parcel Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 2 DWR Water Classification Map Surface Water Classifications: v Z X Stream Index: 27-101-40-{1) Stream Name; Brice Creek Description; From %ourceto Craven Courity SR 1004 Classification: QSw,NSW Date of Class.: April 30, 1938 What does this Class. V'i v'. zoom to r is IL ti I {r ck I_Z3 r Th o r P -. Lf"l :N tL, Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 3 Carolina Colours Medical Park PJD and NWP 39 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00605 County: Craven U.S.G.S. Quad: NC -New Bern GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: New Market HDS, LLC Mr. David Swain Address: 1131-B Military Cutoff Road Wilmington, North Carolina 28405 Telephone Number: 910-256-2211 E-mail: marvAwainassociates.com Size (acres) 8 Nearest Town New Bern Nearest Waterway Brice Creek River Basin Neuse USGS HUC 03020204 Coordinates Latitude: 35.029905 Longitude:-77.008011 Location description: The project is located east of the Waterscape Way roundabout in New Bern, NC. Description of projects area and activity: This verification authorizes the discharge of fill material in 0.03 acres of jurisdictional ditches to develop multidisciplinary medical facilities and general office spaces. Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: NWP 39. Commercial and Institutional Developments SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Conditions, your application signed and dated 2/3/2022, and the enclosed plans Figure 6. Site Plans Showing Proposed Ditch impacts received 2/3/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Emily B. Thompson at (910)251-4629or Emily.B.Thompson(&usace.army.mil. n Corps Regulatory Official: (/ 4, 3 )i Date: 3/25/2022 Expiration Date of Verification: 3/14 026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/Pp=13 6:4:0 Copy furnished (via e-mail): Agent: Land Management Group Ms. Kim Williams Address: 3805 Wrightsville Avenue, Suite 15 Wilmington, North Carolina 28403 Telephone Number: 910-452-0001 E-mail: kim.williamsAdavey.com Action ID Number: SAW-2022-00605 County: Craven Permittee: New Market HDS, LLC, Mr. David Swain Project Name: Carolina Colours Medical & Office Park/New Market HDS, LLC/Waters Way/Craven Date Verification Issued: 3/25/2022 Project Manager: Emily B. Thompson Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Emily B. Thompson Washington Regulatory Office U.S Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 or Emily.B.Thompson@usace.army.mil Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date Open Water Impact #1: 0.01 ac (282 LF x 1.5 f Preliminary; Not for Construction For Permitting Purposes Only. Site design information provided by McKim and Creed Legend UProject Area — 8 ac 0 404 Wetlands Waters of the US (Non -Stream) — Proposed Impacts (0.04 ac) Boundaries are approximate and not meant to be absolute. 160 ft February 2022 Scale applies to 11X17" print. DRGNCW21.280 SAW-2022-00605 A. Determination of Jurisdiction: 1. ® There are waters, including wetlands on the above described project area that may be subject to Section 404 of the Clean Water Act (C)VA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA)_(33 USC § 403). This preliminary determination is not an appealable action under the Re ug latory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you y request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 3. ❑ There are waters, including wetlands within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided there is no change in law or our published regulations or new information that warrants revision of this determination. 4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued DATE. Action ID: FILE NUMBER. B. Basis For Determination: See the preliminary jurisdictional determination form dated 3/25/2022. C. Remarks: The waters and wetlands are accurately depicted on the attached map, "Section 401/404 Delineation Preliminary Sketch," dated 1-31-2022. D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL SAW-2022-00605 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Emily B. Thompson Date of JD: 3/25/2022 Expiration Date of JD: Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://re.ug latoiy.00ps.usace.g=.mil/customer-service-survey. 0 Mel I i�e s. _Av fy, vc 3., 60 414 E k 31, 11 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND FAtta7ched REQUEST FOR APPEAL in- ew Market HDS LLC, Mr. David Swain File Number: SAW-2022-00605 Date: 3/25/2022 See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.g.M.mil/Missions/CivilWorks/Re ug latoiyProgramandPermits.asox or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL P FFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNIN Attn: Emily B. Thompson ADMINISTRATIVE APPEAL REVIEW OFFICER Washington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 2407 West Fifth Street ATLANTA, GEORGIA 30303-8803 Washington, North Carolina 27889 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNIN(&USACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Emily B. Thompson, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 3/25/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: New Market HDS, LLC, Mr. David Swain, 1131-B Military Cutoff Road, Wilmington, North Carolina 28405 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Carolina Colours Medical & Office Park/New Market HDS, LLC/Waterscape Way/Craven, SAW-2022-00605 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located east of the Waterscape Way roundabout in New Bern, NC. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Craven City: New Bern Center coordinates of site (lat/long in degree decimal format): Latitude: 35.029905 Longitude:-77.008011 Universal Transverse Mercator: 18 Name of nearest waterbody: Brice Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑X Field Determination. Date(s): 1-11-2022 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of Geographic (decimal (decimal amount of aquatic authority to which degrees) degrees) aquatic resource the aquatic resource in (i.e., wetland resource "may be" review area vs. non- subject (i.e., (acreage wetland Section 404 or and linear waters) Section 10/404) feet, if applicable) SAW-2022-00605 35.028983 -77.009515 1210 feet Non -wetland Section 404 ditches waters SAW-2022-00605 35.030134 -77.007848 0.6 acres Wetland Section 404 W 1 &2 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Davey Group Map: Section 401/404 Delineation Preliminary Sketch, dated 1-31-2022 ❑X Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: N 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: ❑X U.S. Geological Survey map(s). Cite scale & quad name: USGS Craven County GIS Mosaic ❑X Natural Resources Conservation Service Soil Survey. Citation: Craven County GIS Soils Data ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) N Photographs: N Aerial (Name & Date): NAPP 1998, 2020 NC One May or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: NOther information (please specify): Gen2 LiDAR IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signatureyand date of Regulatory staff member completing PJD 3/25/2022 ��, W444� Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) t 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 4 Carolina Colours Medical Park Site Plan & Wetland Impact Map ADJACENT PROPERTY OWNER: CRAVEN PROPCO, LLC 1 USE: COMMERCIAL ZONING: C-3 BOOK: 3574:PAGE 0492 OWNER: HINES, FERBIE L 8 JONES, GWENDOLYN 2 USE: VACANT ZONING: C-3 BOOK: 2673:PAGE 0827 3 OWNER: NEW MARKET HDS LLC USE: VACANT ZONING:C-3 BOOK: 2359:PAGE 0855 OWNER: HUDSON CAROLINA COLOURS DEVELOPMENT, LLC 4 USE: RESIDENTIAL ZONING: C-3 BOOK: 3692: PAGE 1057 OWNER: CAROLINA COLOURS MULTIFAMILY VENTURE, LLC 5 USE: RESIDENTIAL ZONING: C-3 BOOK: 3692; PAGE 1057 6 OWNER: OVERLOOK HOLDINGS LLC USE: R ADJACENT PROPERTY I.D., SEEIll ADJACENT PROPERTY TABLE, THIS - 4 SH. FOR MORE INFORMATION. (TYP.) 6 PG,� yap', SaP•\46 . � ry FUTURE FUTURE / -- O �- 5 SS — SS — W �SS W \q c� N J N 3 y Il � PROPOSED STORMDRAIN NETWORK PER NCDEO PERMIT ID# SW7210409 DEVELOPMENT R$ BOOK: 3183:PPaiE 0671 BLD55A LINE TYPE (TYP.) _ 7 ` �- SS - I r �•�� w / '�--: Y DRIVEWAY PUBLIC til SIM BUILDING INF RMATION TOTAL BUILDING FOOTPRINT AREA TOTAL BUILDING GROSS FLOOR AREA CCHC PARCEL (PARCEL A) PARCELS (FUTURE) PARCEL C (FUTURE) 31,050 IF 10,600 IF 6,450 IF 14,0W IF TOTAL BUILDINGS 7 NC BUILDING CODE CONSTRUCTION TYPE V-A (BUILDING G) BUILDING LOT COVERAGE 9.13% DATA CLASS REQUIRED PROPOSED BUILDING SETBACKS FRONT REAR SIDE INTERIOR 25' 10' 10' 25'(MINJ-SEE PLAN 26(MIN.)-SEE PLAN 10'(MIN.)-SEE PLAN SITE INFORMATION DATA CLASS UNITING PROP08FJ) IMPERVIOUSSURFACEAREA ROOFTOPS O SF 10,fi00 3F ROADWAYS 0SF 27.1333E PARKING 0 SF 1+ Acc CF SIDEWALK A—F 8400 SF TOTAL (ALL PHASES) 0 SF 55,133 IF PERCENTA/E''^EkVIOUS AREA 0% 16.2% OATACLASS REQUIRED PROPOSED TOTAL PARKING SPACES 190 212 CCHC PARCEL (PARCEL A) 53 67 PARCEL B • 43 43 PARCEL C • 94 102 ACCESSIBLE SPACES CCHC PARCEL (PARCEL A) 3 (1 VAN) 6 (2 VAN) PHASE I (PARCEL B) 2 (1 VAN) (MIN.) PHASE II (PARCEL C) • PARCELS A C PARIUNG REQLIIRE E-DERNFD 4 (1 VAN) OM LAN. BSE 3.130-ME (MIN.) ICAL OFFICES .. / / � / •O' i� � \�� \ / � (15PACEI150 GFA) PROPOSED SUBDIVISION� / / 0 / / 1D' / �(' /- \ ' 7 _ — — I © �\ NOTES: CAROLINA COLOURS MEDICAL PARK LOT LINE Y / / \ / / / \ \ \ \ /` \ _ -� v r 1. LAYOUT FOR PARCELS B AND C ARE CONCEPTUAL AND SUBJECT TO CHANGE. DOC rOR'S OFFICE OUT -PARCEL SITE AREA (BY OTHERS) ( FUTURE / / \ / / I I FUTURE DEVELOPMENT WILL BE COORDINATED WITH CITY OF NEW BERN AND NOT IN CONTRACT BLDG B / / \ \ -/ OTHER AUTHORITIES HAVING JURISDICTION. -3.225 IF /^< \ S'�.Q / I Z y / I \ - 2. ALL BUILDINGS TO MAINTAIN 10' MINIMUM SEPARATION BETWEEN BUILDING PER 0 0 —� I BUILDING CODE. - - - - I 3. CONTRACTOR SHALL MAINTAIN AN ALL WEATHER ACCESS FOR EMERGENCY DEVELOPMENT _ - -W - I (1 VEHICLES AT ALL TIMES DURING CONSTRUCTION. 4. LANDSCAPING OR PARKING CANNOT BLOCK OR IMPEDE THE FDC OR FIRE PROPOSED LINE TYPE (TYP.) / - I I HYDRANTS. A 3-FOOT CLEAR SPACE SHALL BE MAINTAINED AROUND THE SCM - 1 ( _ 1) ('- \ CIRCUMFERENCE OF THE HYDRANT AND FDC •D' �, / / ,(lt/ - - - - - - - ( - - - \ 5. ADDITONAL FIRE PROTECTION AND ACCESSIBILITY REQUIREMENTS MAY BE REQUIRED DUE TO ANY SPECIAL CIRCUMSTANCES CONCERNING THE PROJECT. / \� Q� 1 / . / I I I I I EXISTING PUMP) 6. CONTRACTOR SHALL SUBMIT A RADIO SIGNAL STRENGTH STUDY FOR ALL COMMERCIAL BUILDINGS THAT DEMONSTRATES THAT EXISTING EMERGENCY / yc.y�, j ! / ®, / / /// �\ • / I STATION I r ) \ RESPONDER RADIO SIGNAL LEVELS MEET SECTION 510 REQUIREMENTS OF THE I I I I 2016NCFIRE CODE —PROPOSED I I I 7, NEW HYDRANTS MUST BE BROUGHT INTO SERVICE PRIOR TO COMBUSTIBLE / / Q RIGHT OF WAY I I MATERIALS DELIVERED TO THE JOB SITE. / / / / FUTURE I F REBL E I/` / `\-'III I 8. LIGHT POLE LOCATIONS TO BE COORDINATED WITH CRY OF NEW BERN / \ / ELECTRICAL DEPARTMENT. ALL LIGHTS TO BE LOCATED NO CLOSER THAN 15' -CM tOj FROM A TREE. ALL LIGHTING SHALL BE DIRECTED AWAY FROM THE ADJACENT / EXPANSION -3' I I `T RESIDENTIAL USE. 9. ALL PAVEMENT MARKINGS IN PUBLIC RIGHTS-0OF-WAY AND FOR DRIVEWAYS ARE 110' SIDE SETBACK TO BE THERMOPLASTIC AND MEET CITY AND/OR NCDOT STANDARDS. PARCEL A \ / / ✓J 1 \I I 10. ALL SIGNS AND PAVEMENT MARKINGS NI AREAS OPEN TO PUBLIC TRAFFIC ARE 31. / ` Approx. Wetlands �0.17 aC. TO MEET MUTCD (MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES) 71 I I I STANDARDS. 11. ALL TRAFFIC CONTROL SIGNS AND MARKINGS OFF THE RIGHT-OF-WAY ARE TO BE MAINTAINED BY THE PROPERTY OWNER IN ACCORDANCE WITH MUTCD \ / FUTURE �/ J I I I ) STANDARDS. I \ / BLDG C I PARCEL C I I 12. ALL PARKING STALL MARKINGS AND LANE ARROWS WITHIN THE PARKING AREAS R28 FUTURE 1,111 IF( I 'I SHALL BE WHITE. DEVELOPMENT I 13. CONTACT 611 PRIOR TO CONTACTING CITY OF NEW BERN, TRAFFIC AREA I I I I I ENGINEERING REGARDING THE UTILITIES IN ROW. PROPOSED \ \ I I FUTURE I I ( 14. A EDUMPSTERARCHITECTURAL PAD AND SCREENING IS PROVIDED FOR SOLID WASTE DISPOSAL, / \ \ \ I I I I ) SEE ARC UIRED INS DRAWINGS FOR DETAILING. / BLDG G \ /\ \ FUTURE I I BLDG F / _ T 15. ANY REQUIRED INSTALLATION OR RELOCATION OF TRAFFIC SIGNS IS THE (10,600 SF) >\ \ I BLDG D I -3,500 IF I ) RESPONSIBILITY OF THE PROJECT DEVELOPER. PLEASE COORDINATE WITH CITY 4 -3.500 IF I TRAFFIC SIGNS AND MARKINGS MANAGER PRIOR TO INSTALLATION OF ANY / \ I I I I I II I TRAFFIC SIGNS OR MARKINGS IN PUBLIC ROW. < L - / ( 16. IF A BUILDING IS MORE THAN 75 FEET FROM THE STREET ON WHICH IT FRONTS, 10 \ I I II THE ADDRESS NUMBER SHALL BE DISPLAYED ON A SIGN ATTACHED TO A FENCE, I GATE, LAWN, STAKE, MAILBOX, OR OTHER SUITABLE STRUCTURE AT OR NEAR t - - - I - - - - - - - - THESTREETRIGHT-OF-WAY LINE SO AS TO BE CLEARLY VISIBLE FROM THE / \ \ I I / \ J I / I I 17.CONTRACTOR SHALL CONTACT PUBLIC WORKS TO COORDINATE i PROPOSED 70 \-----------/ `-/ \ \Y / / _ / PRE -CONSTRUCTION MEETING AND INFRASTRUCTURE INSPECTIONS. PUBLIC SCM WORKS CONTACT: DAN CASSERLY (412) 498-7742. J / - - _ — — 1 PROPOSED PROPOSED SUBDIVISION I I I l W \ I / \ / — — LOT LINE I - I - - - - -- a o PROPOSED ADDRESSES BUILDING A(FUTURE) 1000 LATHAN LANE BUILDING B(FUTURE) 1002 LATHAN LANE BUILDING C (FUTURE) TO BE DETERMINED BUILDING D(FUTURE) TO BE DETERMINED BUILOIN E (FUTURE) TO BE DETERMINED BUILDINGF(FUT' E TO BE DETERMINED I C::!LDWC G (PROPOSED) 1010 LATHAN LANE 10'SIDE SETBACK PROPOSED — ® Ss I O I x SUBDIVISION SURFACE MATERIAL LEGEND O LOT LINE CAROLINA COLOURS MEDICAL PARK ( W_ w� w� � N DOCTOR'S OFFICE OUT -PARCEL SITE AREA (BY OTHERS) I � LIGHT -DUTY ASPHALT I N, •� .-, - 1 o NOT IN CONTRACT W y HEAVY-DUTY ASPHALT 'W 40' 0 40' 80' m I - W—W—W— ���_ It 3 I \ 1Y✓ SCALE: 1'=40' (Horiz.) I SIDEWALK 'rn I �� 1 I I I � � I ITT a 2 CS' 00 1 LEGEND AND NOTES V se DATE: 09.03.2023 ILEN­ SCALE FCS100R NICE PROD. # 05170 ODDC 44 CAROLINA COLOURS MEDICAL PARK DRAWN DCOMEB HORIZONTAL: _ v NFf0\4&CREED NEW MARKET—HDS, LLC R� DESIGNED OCORHL 243 North Front Street 1131— B MILITARY CUTOFF ROAD WATERSCAPE WAY. NEW BERN, NORTH CAROLINA 28562 CHECKED RMCTn1L VERTICAL: .�� 7 R Wilmington, North Carolina 28401 PROJ. MGR. RMC Phone: (910)343-1048,Fax: (910)251-8282 WILMINGTON, NC 28405 OVERALL SITE PLAN 25 i 75 ft 12 5 ft 175 ft Li.n. F-1222 TATUS: wslo. www.mckimcreed.com 04/03/2023 I I FOn :".rE?I AND IMPACTS EXHIBIT R Overall Site Sketch with Wetlands Overlay 1 ♦ "`'""'" Map Source: McKim and Creed Overall Site Plan /� \` Carolina Colours Medical Park - AII lines are approximate and should be used for planning New Bern, Craven Co., N.C. purposes only. 5 10 2022 023-054.01 SEG Carolina Colours Medical Park PCN Attachments 5-19-23 SEGi Attachment 5 USFW IPaC Official Species List and NLEB Consistency Letter pfr pax F7:#i4 uPe NEFm IrE United States Department of the Interior FISH AND WILDLIFE SERVICE '0-9CH 3k$5 Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: May 21, 2023 Project code: 2023-0084227 Project Name: Carolina Colours Medical Park - Waterscape Way, Craven Co., NC Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Record of project representative's no effect determination for'Carolina Colours Medical Park - Waterscape Way, Craven Co., NC' Dear Dana Lutheran: This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on May 21, 2023, for 'Carolina Colours Medical Park - Waterscape Way, Craven Co., NC' (here forward, Project). This project has been assigned Project Code 2023-0084227 and all future correspondence should clearly reference this number. Please carefully review this letter. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species' determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into the IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Determination for the Northern Long -Eared Bat Based upon your IPaC submission and a standing analysis, your project has reached the determination of "No Effect" on the northern long-eared bat. To make a no effect determination, the full scope of the proposed project implementation (action) should not have any effects (either positive or negative), to a federally listed species or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may 05/21/2023 IPaC Record Locator: 126-126686627 include consequences occurring outside the immediate area involved in the action. (See § 402.17). Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no consultation with the Service is required (ESA §7). If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required except when the Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat [50 CFR §402.02, 50 CFR§402.13]. Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: ■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) • Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened ■ Green Sea Turtle Chelonia mydas Threatened • Leatherback Sea Turtle Dermochelys coriacea Endangered ■ Monarch Butterfly Danaus plexippus Candidate ■ Neuse River Waterdog Necturus lewisi Threatened ■ Red Knot Calidris canutus rufa Threatened ■ Red -cockaded Woodpecker Picoides borealis Endangered ■ Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered ■ Tricolored Bat Perimyotis sub flavus Proposed Endangered You may coordinate with our Office to determine whether the Action may affect the animal species listed above and, if so, how they may be affected. Next Steps Based upon your IPaC submission, your project has reached the determination of "No Effect' on the northern long-eared bat. If there are no updates on listed species, no further consultation/ coordination for this project is required with respect to the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place to ensure compliance with the Act. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2023-0084227 associated with this Project. 05/21/2023 IPaC Record Locator: 126-126686627 3 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Carolina Colours Medical Park - Waterscape Way, Craven Co., NC 2. Description The following description was provided for the project 'Carolina Colours Medical Park - Waterscape Way, Craven Co., NC': High density, commercial development, which is currently under construction. The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.0288982,-77.0093705052253,14z 05/21/2023 IPaC Record Locator: 126-126686627 4 DETERMINATION KEY RESULT Based on the information you provided, you have determined that the Proposed Action will have no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required for those species. QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. Your project overlaps with an area where northern long-eared bats may be present year- round. Time -of -year restrictions may not be appropriate for your project due to bats being active all year. Do you understand that your project may impact bats at any time during the year and time - of -year restrictions may not apply to your project? Yes 3. Do you have post -white nose syndrome occurrence data that indicates that northern long- eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. Yes 4. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 05/21/2023 IPaC Record Locator: 126-126686627 5 6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 7. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only. No 8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No 10. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action. If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer "No" below and continue through the key. If you have determined that the northern long-eared bat does not occur in your project's action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a "no effect" determination for the northern long-eared bat. Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, please answer "No" and continue through the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS would be required if your action may affect another listed species or critical habitat. The definition of Effects of the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-kM- selected -definitions Yes 05/21/2023 IPaC Record Locator: 126-126686627 PROJECT QUESTIONNAIRE Will all project activities by completed by April 1, 2024? No 05/21/2023 IPaC Record Locator: 126-126686627 7 IPAC USER CONTACT INFORMATION Agency: Southern Environmental Group, Inc. (SEGi) Name: Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email dlutheran@segi.us Phone: 9102281841 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Emily Thompson Email: Emily.B.Thompson@usace.army.mil Phone: 9102514629 JJ�/4 Q r United States Department of the Interior FISH AND WILDLIFE SERVICE 1RCH 3 } Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0084227 Project Name: Carolina Colours Medical Park - Waterscape Way, Craven Co., NC May 21, 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 05/21/2023 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.govibirds/policies-and-regulations/ executive-orders/e0-13186.php. 05/21/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List • Migratory Birds 05/21/2023 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 05/21/2023 2 PROJECT SUMMARY Project Code: 2023-0084227 Project Name: Carolina Colours Medical Park - Waterscape Way, Craven Co., NC Project Type: Commercial Development Project Description: High density, commercial development, which is currently under construction. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)35.0288982,-77.0093705052253,14z Counties: Craven County, North Carolina 05/21/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 11 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For 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 Fisheries1, 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. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https://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:Hecos.fws.gov/ecp/species/10515 NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10477 Red Knot Calidris canutus rufa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 05/21/2023 4 REPTILES NAME STATUS 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 DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6199 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 AMPHIBIANS NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6772 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS STATUS Candidate NAME STATUS Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 05/21/2023 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 Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn 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 (SCRs) in the continental USA htWs:Hecos.fws.gov/ecp/species/9587 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. 05/21/2023 NAME BREEDING SEASON Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA 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. Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20 and Alaska. Henslow's Sparrow Ammodramus henslowii Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/ecp/species/3941 Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea 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. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. PROBABILITY OF PRESENCE SUMMARY Breeds Apr 1 to Jul 31 Breeds May 10 to Sep 10 Breeds May 10 to Aug 31 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 05/21/2023 3 below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel AA ++I+ ++++'��:■■� ��■■ ++++ BCC -BCR 05/21/2023 4 Bald ,,,�;�, IN II ■111131�iitt3f:+.+++I1■IEt31��N Brown -headed Nuthatch IIII IN1111 IIII dill IIII 104-11111111 Jill INIIII BCC -BCR Chimney Swift ++++ ++++ + F+ I I +++ + ++ + ++ ++++ BCC Rangewide (CON) --- ---- ---- ---- --- Eastern Whip -poor- III If�� III will ++++ ++++ ++++ BCC Rangewide (CON) Henslow's Sparrow BCC Rangewide ,+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ (CON) Kentucky Warbler ++++ BCC Rangewide ++++ ++++ �+ I I ON Ilia id+ ++++ ++++ ++++ ++++ (CON) Prairie Warbler BCC Rangewide ++++ ++++ ++++ 1111 ++ �+ +++1 „++ ++++ ++,+ ++++ ++++ (CON) Prothonotary Warbler �__� ++++ ++++ +++,'I I I� ii� Jill "" BCC Rangewide (CON) Red-headed Woodpecker 1+++ +111 Jill IIII IIi1 lip' 111+ +1++ ++1+ 1+1+ BCC Rangewide (CON) Wood Thrush BCC Rangewide ++++ ++++ ++++ (CON) Additional information can be found using the following links: ■ Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librarr�/ collections/avoiding-and-minimizinp--incidental-take-migratorv-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in 05/21/2023 5 the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and 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? 05/21/2023 Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Lorin. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. 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 05/21/2023 7 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. 05/21/2023 H. IPAC USER CONTACT INFORMATION Agency: Southern Environmental Group, Inc. (SEGi) Name: Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email dlutheran@segi.us Phone: 9102281841 Carolina Colours Medical Park PEN Attachments 5 19- J Attachment G Craven County G 3 Flood Map k{ .A \ / /� P .. « / �e � ® t©�. m \\� It , - ® � $ \ mu__ \ a e � . ■f���� ,,.�© •® , | � / ` - °� � • ' 12 t$ � , - � � �r � �a 01 / � -\ � ' e _ ® . ! \ /10 � ! �� � Carolina Colours Medical Park PCN Attachments 5-19-23 SEG EO -17`l Attachment 7 NC State Historic Preservation Office HPOWEB 2.0 Map - � i ii i� dviii c7 Sri ii3iG i1C Icaiiui Lc 55 - �G 1050 Mount Shiloh ry Baptist Church 2007 CRAVEN Carodrm cobur. 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