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HomeMy WebLinkAbout20060353 Ver 3_More Info Received_20230824ECS SOUTHEAST, L L P ',Setting the Standard for Service, . Geotechnical * Construction Materials - Environmental • Facilities NC IL-:g.L�-tnd Enp—Mg F-W, 1: t0 8 NC RBpLotarad Gdolip�-d-- F;I1Y5 F 40e 54 Cnpme liCr FaM 3Ki May 10, 2023 U.S. Army Corps of Engineers Wilmington Regulatory Field Office Wilmington District 69 Darlington Avenue, Wilmington, North Carolina 28403 Reference: Pre -Construction Notification Application (Nationwide Permit #29) Riversea Plantation Site (SAW-2022-01304) Riversea Boulevard, Bolivia, Brunswick County, North Carolina ECS Project No. 49: 15988-D To Whom It May Concern, Please find a copy of the Pre -Construction Notification Application for a Nationwide Permit (NWP) #29 for Residential Developments for the Riversea Plantation Site located off of Riversea Boulevard in Bolivia, Brunswick County, North Carolina. ECS is requesting the use of NWP 29 to authorize the permanent fill impacts of 0.47 acre of jurisdictional wetland area for the development of an apartment complex. The wetland impacts are specifically for fill and grading in order to construct apartments on the southeast corner of the subject property. Protect Purpose and Need The purpose of the project is to construct a 44-building apartment complex with associated access drives and parking areas. The proposed project will help fulfill the growing demand for housing in the Bolivia market. The site is advantageously located off Highway 211 and in a residential area. Background The Riversea Plantation Site is located off of Riversea Boulevard in Bolivia, Brunswick County, North Carolina. The site consists of one parcel totaling approximately 11.86 acres. According to the Brunswick County GIS Database website, the Parcel Identification Number (PIN) is 1840000311 (11.86 acres). The site consists of undeveloped, wooded land. Surrounding properties consist of wooded land and single-family residences. Based on a United States Geological Survey (USGS) Topographic Map, no surface waters are depicted on site. Site Reconnaissance ECS personnel conducted the field investigation on October 17, 2021. During the reconnaissance, ECS observed the site for evidence of WOUS, including ponds, streams, and wetlands. Based on the findings during the field visit, ECS observed one wetland area totaling approximately 0.75 acres on site. ECS submitted a Preliminary Jurisdictional Determination (PJD) request to the United States Army Corps of Engineers (USACE) on December 19, 2021 ECS CaOW SWM0?s, PLLC • ECS F OW8, LLC • ECS Mid -Atlantis. LLC • ECS MfteA. LLC • ECS Southeast, LLP ■ ECS Texas, LLP www.ecslimited.wrn and received a PJD letter from the USACE on October 13, 2022. A copy of the PJD letter is included as an attachment. Proposed Impacts & Mitigation The proposed impacts for the development consist of the construction of 44 apartment buildings with associated parking areas and access drives. The impacts consists of approximately 0.47 acre/ 20,436 SF of permanent fill to jurisdictional wetland areas. Due to the project proposing greater than 0.10 acre of wetland impacts, ECS and the applicant have included mitigation as a part of this permit application. Based on the amount of wetland impact and the quality of the wetland being impacted, ECS is proposing a 2-to-1 ratio; therefore, the total required mitigation credits are 0.94 wetland credits. Mitigation Credits ECS has reviewed the Ribits Compensatory Mitigation Bank in the area to satisfy the need Mitigation website to search for an approved for wetland compensatory credits. Stone Farm Mitigation Bank is located within the primary service area and has wetland credits available for purchase. The bank point of contact stated that they have 0.94 wetland non -riparian credits available for purchase. A copy of the Stone Farm Mitigation Bank Credit Request Acceptance is included as an attachment. Other Agency Correspondenc( ECS conducted the field reconnaissance on October 17, 2021. The site consists of undeveloped, wooded land. Surrounding properties consist of wooded land and single-family residences. The wooded areas consist of mature and immature hardwood and pine species, ranging from approximately 10 to 50 years in age. Sparsely dense to moderately dense understory vegetation is located throughout the wooded land. One wetland area was observed during the site reconnaissance. Preliminary Threatened & Endangered Species Determination ECS reviewed the United States Fish and Wildlife Service (USFWS) IPaC Species list for the site. Based on the species list, it appears that the following species should be considered in an effects analysis for the site: • Northern Long-eared Bat (Myotis septentrionalis) • Tricolored Bat (Perimyotis subflavus) • West Indian Manatee (Trichechus manatus) • Piping Plover (Charadrius melodus) • Red Knot (Calidris canutus rufa) • Red -cockaded Woodpecker (Picoides borealis) • American Alligator (Alligator mississippiensis) • Green Sea Turtle (Chelonia mydas) • Kemp's Ridley Sea Turtle (Lepidochelys kempii) • Leatherback Sea Turtle (Dermochelys coriacea) • Loggerhead Sea Turtle (Caretta caretta) • Magnificent Ramshorn (Planorbella magnifica) • Cooley's Meadowrue (Thalictrum cooleyi) • Rough -leaved Loosestrife (Lysimachia asperulaefolia) 2 • Seabeach Amaranth (Amamthus pumilus) ECS completed a Preliminary Threatened & Endangered Species Determination report on April 4, 2023 (ECS Project No. 15988-B). ECS concluded that based on our knowledge, site observations, available resources concerning threatened and endangered species, that suitable habitat for endangered species is not located on site. A USFW Determination Key was generated for the Northern Long Eared Bat and indicated "may affect" for the species. ECS submitted a concurrence request to the USFWS on April 4, 2023. Cultural Resources Determination The site consists of undeveloped wooded land. In order to identify known cultural and archeological resources, ECS utilized North Carolina's Historic Preservation Office Web Map to aid in the desktop research for cultural, historic, and/or archeological resources that may be located on site or in the surrounding areas. Based on the North Carolina's Historic Preservation Office Web Map review, no cultural resources are located on site or within 1,500 feet of the site. A copy of the Historic Preservation Office Web Map is included in the attachments. Other historical structures or archaeological sites were not observed during the review. Closing ECS looks forward to your attention to this request. Please contact me at (470) 510-9570 or amorley(a-)-ecslimited.com with questions or if additional information is required. Sincerely, Alexander Morley Environmental Staff Project Manager amorley(aD-ecslimited.com 470.510.9570 ,o Brandon Fulton, LSS, PSC, PWS Environmental Principal bfultonCa)-ecslimited.com 704.525.5152 Attachments: • Pre -Construction Notification Application • Agent Authorization Form • Delineation Figure Packet • PJD Letter (SAW-2022-01304) • Impact Plans • USFWS IPaC Species Letter Paul M. Stephens IV, P.E., PWS Associate Principal pstephensCa)-ecslimited.com 843.284.7823 • Stone Farm Regional Mitigation Bank Credit Request Acceptance Letter • NC HPO Web Map • Photolog • Brunswick County Tax Card • 401 Pre -File Receipt .19 ri NORTH CAROLINA EnriroAmerticl Qualify I' arrr Rex 44jrr ,T Office Use Only Corps Action ID no. [Click to enter.] Date received: [Click to enter.] DWR project no. [Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 33.998639 Longitude (DD.DDDDDD):-78.255123 Form Version 4.2, January 31, 2022 Pre -Construction Notification (PCN) Form (Ver. 4.2, January 31, 2022)) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: htti)s://edocs.deg.nc.gov/WaterResources/O/edoc/624704/PCN%2OHelp%2OFile%2020l 8-1-30. pdf The help document may be found at this link: http://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Perm its/2017- Nationwide - Perm its/Pre-construction-Notification/ A. Processing Information County (counties) where project is located: * Brunswick Additional (if needed). Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- applicant) ❑ Yes ❑x No Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, or airport project) ❑ Yes ❑x No Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. Page 1 of 20 PCN Form - Version 4.2, January31, 2022 ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1 a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes ❑x No Please provide the date of the previous submission. * Click to enter a date. ❑X Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek El Regional General Permit (RGP) authorization? * ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps? * ❑ Yes ❑x No NWP number(s) (list all numbers ): 29 RGP number(s) (list all numbers ): Click to enter. Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act Click to enter text. 1 d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No 1 e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for ® Yes ❑ No mitigation of impacts? If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ® Yes ❑ No 1 i. Is the project located within an NC DCM Area of Environmental ❑ Yes ❑x No ❑ Unknown Concern (AEC)? * 1j. Is the project located in a designated trout watershed? * ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.asi)x Page 2 of 20 PCN Form - Version 4.2, January31, 2022 B. Applicant Information la. Who is the primary contact? " James Luke 1 b. Primary Contact Email: * jluke@Mornco5.com 1c. Primary Contact Phone: * (###)###-#### 973-508-9480 1d. Who is applying for the permit/certification? * (check all that apply) ® Owner ❑ Applicant (other than owner) 1e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: * Riversea Company, LLC 2b. Deed Book and Page No.: 04923 2c. Contact Person (for corporations): James Luke 2d. Address' Street Address: 1121 Military Cutoff Road Address line 2: Ste C335 City: Wilmington State/ Province/ Region: North Carolina Postal/ Zip Code: 28405 Country: United States 2e. Telephone Number: * (###)###-#### 973-508-9480 2f. Fax Number: (###)###-#### Click to enter. 2g. Email Address: * jluke@Mornco5.com 3. Applicant Information (if different from owner) 3a. Name: * Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: * Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: * (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: * Click to enter. Page 3 of 20 PCN Form - Version 4.2, January31, 2022 4. Agent/ Consultant (if applicable) 4a. Name: * Alexander Morley 4b. Business Name: ECS Southeast LLP 4c. Address: * Street Address: 1281 Kennestone Circle Address line 2: Suite 200 City: Marietta State/ Province/ Region: Georgia Postal/ Zip Code: 30066 Country: United States 4d. Telephone Number: * (###)###-#### 470-510-9570 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * amorley@ecslimited.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army. mil/Missions/ReguIatorv- Perm it-Program/Permits/2017-Nationwide- Perm its/Pre- construction-Notification/ Page 4 of 20 PCN Form - Version 4.2, January31, 2022 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: * Riversea Plantation 1 b. Subdivision name (if appropriate): Click to enter. 1c. Nearest municipality/town: * Bolivia 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 1840000311 2b. Property size (in acres): 11.86 acres 2c. Project Address: Street Address: Riversea Blvd Address line 2: Click to enter. City: Bolivia State/ Province/ Region: North Carolina Postal/ Zip Code: 28422 Country: Brunswick County 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 33.998639 Longitude (-DD.DDDDDD): *--78.255123 3. Surface Waters 3a. Name of nearest body of water to proposed project: * Lockwoods Folly River 3b. Water Resources Classification of nearest receiving C water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webapr)viewer/index.html?id=6el 25ad7628f494694e259c80dd64265 Cape Fear 3c. In what river basin(s) is your project located? Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 030300050502 located: * The Find Your HUC map may be found at this link: https://ncdenr.maps.arcqis.com/apps/Publicinformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 20 PCN Form - Version 4.2, January31, 2022 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The site consist of undeveloped, wooded land. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑x No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): jClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes ❑x No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. Click to enter text. 4d. Attach an 8'/z x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'/z x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.75 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent Click to enter. linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of this project is to construct an apartment complex off of Riversea Blvd. 4i. Describe the overall project in detail, including the type of equipment to be used: * The proposed project includes the construction of 44-apartment buildings, access drives, and associated parking off of Riversea Blvd in Bolivia,NC. The project will fulfill the need for additional housing in the Bolivia market. The proposed wetland impacts are necessary for the construction of three of the apartment buildings on the southeastern corner of the site, as well as the access drive and parking areas for those buildings. Standard construction equipment such as cranes, excavators, dump trucks, and similar vehicles would be used for the project. Proper erosion and sedimentation control measures would be employed throughout the project. Typical materials and machinery will be used on -site during the construction process. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 6 of 20 PCN Form - Version 4.2, January31, 2022 Page 7 of 20 PCN Form - Version 4.2, January31, 2022 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Click to enter text. 5b. If the Corps made a jurisdictional determination, ❑x Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2022-01304 Name (if known): Jonathan Grubb 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: ECS Southeast LLP areas? Other: Click to enter. 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. October 13,2022 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Click to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. Click to enter. 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Click to enter. 8. Scheduling of activity: Click to enter. Page 8 of 20 PCN Form - Version 4.2, January31, 2022 D. Proposed Impacts Inventory Impacts Summary ® Wetlands ❑ Streams - tributaries 1a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site #* 2a1. Impact Reason/Type 2b. Impact Duration 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?* 2f. Jurisdiction Type 2g. Impact Area (ac) W1 Fill (Incl. Riprap) Permanent Riverine Swamp Forest Wetland W1 Yes Corps 0.47 W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one #.## W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.47 ac 2g3. Total wetland impacts 0.47 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter text. 2i. Comments: Click to enter text. Page 9 of 20 PCN Form - Version 4.2, January31, 2022 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) * S1 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: Click to enter. linear ft M. Total permanent stream impacts: Click to enter. linear ft M. Total temporary stream impacts: Click to enter. linear ft 34. Total stream and ditch impacts: Click to enter. linear ft 3j. Comments: Click to enter. Page 10 of 20 PCN Form - Version 4.2, January31, 2022 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter. Temp/ Perm Click to enter. Choose one I Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P3 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click to enter. 5h. Is a dam high hazard permit required? ❑ Yes ® No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 20 PCN Form - Version 4.2, January31, 2022 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)9 * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 132 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 133 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 135 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 137 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 138 Choose one Temp/ Perrr Click to enter. Y/N Click to enter. Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B11 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 20 PCN Form - Version 4.2, January31, 2022 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The placement of the apartment buildings, associated parking, and access drive on the southeast portion of the site generally avoids impacting the wetland area, however due to the shape of the site and the number of buildings required to make the project feasible, impacts to wetland W1 were unavoidable. Several other design plans were considered, however they all consisted of greater wetland impacts. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The construction techniques shall be conducted in accordance with NCDENR standards. Temporary and additional erosion control measures shall be maintained throughout the construction process. Silt fencing will be placed at the bottom of the slopes to deter sediment translocation and control erosion during construction activities. Temporary erosion, sedimentation, and pollution controls will be installed prior to and maintained during the entire construction duration until final stabilization is established. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑x Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ® Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Stone Farm Mitigation Bank 3b. Credits purchased/requested: Type: Non -riparian Wetland Quantity 0.94 Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Will forward approval letter upon receipt. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.armV.miI/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O Page 13 of 20 PCN Form - Version 4.2, January31, 2022 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 14 of 20 PCN Form - Version 4.2, January31, 2022 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * El Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * El Yes ❑x No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ❑ Yes ❑x No reviewed and approved under a state stormwater program or state - approved local government stormwater program? * ❑ n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑x Local Government (Check all that apply.)* ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * ❑x Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 15 of 20 PCN Form - Version 4.2, January31, 2022 Please identify which local government stormwater program you are using. * Town of Bolivia. State Stormwater Programs * ❑X Phase II ❑x HQW or ORW ❑x Coastal Counties ❑ Other Comments: Will be reviewed and approved by the NCDEQ. Page 16 of 20 PCN Form - Version 4.2, January31, 2022 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the use of public (federal/state) land? * 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental El Yes El No Policy Act (NEPA/SEPA)? * 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: Click to enter. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? * 3b. If you answered "no", provide a short narrative description: The proposed project will be confined to the existing property boundary and no plans of expansion are anticipated. Future development on adjacent properties are unknown at this time. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * 1 ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Wastewater treated at a treatment plant operated by Town of Bolivia and Brunswick County. Page 17 of 20 PCN Form - Version 4.2, January31, 2022 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ rfws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ® Yes ❑ No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. Is another federal agency involved? * ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? * ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? * ®Yes El No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? * El Yes No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? * If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? * USFWS IPaC and NC NHP. ECS has submitted the letter and will forward concurrence upon receipt. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * p Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes ❑x No El Unknown Page 18 of 20 PCN Form - Version 4.2, January31, 2022 Will this project affect submerged aquatic vegetation? * ❑ Yes ❑x No ❑ Unknown Explain: Area is designated as EFH, however no open water is present onsite 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? NOAA Essential Fish Habitat Mapper 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis.ncdcr.gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? * NCSHPO Web Survey Mapping. The letter has been submitted and will forward concurrence upon receipt. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? * ❑ Yes ❑x No 8b. If yes, explain how the project meets FEMA requirements. Click to enter. 8c. What source(s) did you use to make the floodplain determination? FEMA Flood Map Service Center Mapping H. Miscellaneous Comments: Click to enter. Attach pertinent documentation or attachments not previously requested Page 19 of 20 PCN Form - Version 4.2, January31, 2022 I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Alexander Morley Signature: * Alexander Morley Date: * 4/17/2023 Page 20 of 20 PCN Form - Version 4.2, January31, 2022 EMECS SOUTHEAST, L L P -semngr f#Fe sterxedra w serw[v- =asom=md 5eotechnivai * Cwstruc[ion Mal E!n ils • Envlronmenial . Facilihat • •-, �" �.•�•••" �" Agent Authorization Address of Site; f Parcel IOnlificellon Number fPIN 1, ` CliOWA.pplicanf Infornrohon; Np rna: LRWMM- Telephone No tuber. Fox Numb$P: E-mail Address: .r A utnorizahorr_ I,',; %f,7,jjZw1M, — IN O&A2C6" i, the undoraigned, do hereby aulhonze ECS to acl on my behalf and lace all actws necessary far the pracQ5sing of this request. lb furnish Supplemental intOfmvion itt support of this requaio, anGluding slreamiwolfand malt©rs in coordinalion witn the USACE arHJ the NCOWR I'mid werifrcabw and parmil eli ali Aulharlmd Sgrialure: Daw i i PLLG . r S pr LUC • i lA-hllw*� 4LC • I'=a%L LLC • ECSS kowunr u.P -PCs Ton UP VA" ecWPm1iCd c*m Legend Project Study Area 1 GAF"& ri f Ga�vNm 1�14�hti1 3np Club A'. 41I �L4.a re. N E&� In old D Client: 101 ECHI.ON A /�4 G[L I.M1FYL4T Project: RIVERSEA BOLIVA BRUNSWICK COUNTY NORTH CAROLINA Title: SITE LOCATION MAP 1 in = 1 mile BRUSWICK COUNTY Drawn By: Checked By: JDM JDG Approved By: Date: WBF 12/15/2021 ECS Project No. 49:15988 0 0.250.5 1 FIGURE 1 Miles Legend - '� �N Project Study Area # — i -41110- EM T � - Client: lot ECHELON Project: ASS 4 RIVERSEA ' BOLIVA BRUNSWICK COUNTY a a 4` NORTH CAROLINA 211 Title: 'loop:_ 211 f _ ! USGS *, TOGORAPHIC MAP Ti VIP DATED:1994 IIII + BOLIVA, NC IV�.r. --r` PROIL'CT STUDY AR A f f Drawn By: Checked By: — j JDM JDG " ff Approved By: Date: WBF 12/15/2021 # yN lt'} ECS Project No. 49:15988 r rt I► 0 500 1,000 2,009 FIGURE 2 Legend - N Project Study Area Soil Map � Client: 01 ECHELON y ' G[L I.M1FYL4T JV Project: its RIVERSEA BOLIVA `,� *.. _: • ' .i BRUNSWICK COUNTY NORTH CAROLINA Title: •k- '} �)!_ USDA-NRCS • �' SOIL SURVEY MAP T-.ate, ti /rti ; • - ,.. - •. DATED:10/12/2020 r � y'.F L BRUNSWICK COUNTY Project Study Area Jr 1 .el .; t •... ;• 1 h► 'may ., .. `♦4.!►i" }• Drawn By: Checked By: P r JDM JDG ` } * Approved By: Date: SOIL MAP UNIT € 'WBF 12/15/2021 r r' 1 ECS Project No. Fo; Foreston Loamy Fine Sand ` '`� 49:15988 BaB: Baymeade Fine Sand '} Mu: Murville Mucky Fine Sand 0 500 1,000 2,000 FIGURE 3 Feet j WE PZ50 Wl!A Of AOFIO ol T I� ol /✓/ / i € o. / rl oo ol oo,�10 off I. Legend N 0 Project Study Area O Wetlands Map - Estuarine and Marine Deepwater client: Estuarine and Marine Wetland Freshwater Emergent Wetland 01 ECHELON Freshwater Forested/Shrub Wetland •� Freshwater Pond Project: , Lake _ x r Riverine RIVERSEA BOLIVA BRUNSWICK COUNTY +� C) ` NORTH CAROLINA M Title: r USFWS rt NATIONAL Q WETLANDS INVENTORY MAP .vPPIY Project Study Area I •?•"`,. t + _ Drawn By: Checked By: C� + . JDM JDG t �+ Approved By: Date: wti + tit •' _ WBF 12/15/2021 ECS Project No. 5. _ K • i a • w 49:15988 HUC 03040208 it. 0 500 1,000 2,000 FIGURE 5 Feet Legend. .. , Project Study Area * f Potential Wetland , `' Client: ti r 444* ECHELON mv, Iwo 1 �. Project: ,~ w • `, •fir r '' ' • � - '' � � RIVERSEA y y BOLIVA * } { it ., BRUNSWICK COUNTY w NORTH CAROLINA 66 w r, Title: • `� � ���. y Potential Wetland 1 * '� •� Approx. 0.75 Acre POTENTIAL ' WATERS r 1 , * d. OF THE U.S a + NOTES: �+ 1. JURISDICTIONAL WATERS OF !•' 'S' THE US WERE NOT FOUND BY ECS ON OCTOBER 17, 2021. i •F +' F jf 2. FEATURES DEPICTED ON THIS { * �+ 1 •f MAP HAVE NOT BEEN VERIFIED BY THE USACE AND NCDWR AND ARE SUBJECT TO CHANGE. - * 1p 3. THIS MAP SHOULD BE USED FOR PRELIMINARY PLANNING PURPOSES. F • * Drawn By: Checked By: f JDM JDG # • Y:* '�� Approved By: Date: W B F 1 /4/2022 r ECS Project No. ' 49:15988 0 100 200 400 FIGURE 6 Feet U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01304 County: Brunswick County NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: James Luke Address: 4403 Oleander Drive, Suite C102 Wilmington, NC 28403 Telephone Number: (973) 508-9480 E-mail Address: ilukeAmornco5.com Size (acres) 11.45 Nearest Town Bolivia, NC Nearest Waterway Lockwoods Folly River River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 33.997993 Longitude:-78.254666 Location description: This 11.45 acre proiect is located on River Sea Boulevard in Bolivia, Brunswick County, NC (Parcel ID: 1840000311) Indicate Which of the Following Apply: A. Preliminary Determination X There aDDear to be waters, including wetlands, on the above described Droperty, that may be subiect to Section 404 of the Clean Water Act (CWA)(33 USC & 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC & 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary iurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW-2022-01304 B. Approved Determination _ There are Navigable Waters of the United States within the above described property 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). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed five years from the date of this notification. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subiect to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at (910) 251-4694 or Garv.H.Beecher(& usace.army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: A desk top review was conducted on this PJD application using information obtained from the consultant (ECS) and from Corps produced OL2 Lidar Maps. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. 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 SAW-2022-01304 South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A. SHANNIN&USACE.ARMY.MIL 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 N/A. 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: Date of JD: October 13, 2022 Expiration Date: PJD does not expire 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 htips://regulato!y.ops.usace.amiy.mil/customer-service-surve Copy Furnished via e-mail to: Owner: Reliance Acquisitions 1121 Military Cutoff Road Wilmington, NC, 28405 (973)508-9480 i luke(a,mornco5.com Consultant: Jonathan Grubb ECS Southeast i grubb(&ecslimited. com Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 5-31-2022 Corps completion on October 13, 2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jonathan Grubb, 6714 Netherlands Dr., Wilmington NC C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, River Sea Blvd Tract, SAW-2022-01304 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Brunswick City: Bolivia Center coordinates of site (lat/long in degree decimal format): Lat.: 33.997993 Long.:-78.254666 Universal Transverse Mercator: 17 Name of nearest waterbody: Lockwood River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑E Office (Desk) Determination. Date: Corps determination on October 13, 2022 ❑■ Field Determination. Date(s): December 19, 2021 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wetland 1 33.997993 -78.254666 0, 7 5 a c Wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Mapfigures 1-6 ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑■ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: Figure 2, 1:24000, Bolivia NC ❑m Natural Resources Conservation Service Soil Survey. Citation: Figure 3, USDA-NRcs Soil survey Map, Dated 2020 ❑■ National wetlands inventory map(s). Cite name: Figure 5, National Wetland Inventory. ❑ State/local wetland inventory map(s): ❑■ FEMA/FIRM maps: Figure 4, FEMA Flood Zones Map, Dated 2018 El ❑■ 100-year Floodplain Elevation is: Photographs: ❑■ Aerial (Name & Date) .(National Geodetic Vertical Datum of 1929) Figure 6, Jurisdictional Determination Map or 0 Other (Name & Date): Photograph Log ❑ Previous determination(s). File no. and date of response letter: ❑■ Other information (please specify): Corps produced QL2 Lidar Maps IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD i Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Legend Project Study Area b 04011 °kr �4* a. 6P A +NL J}"-d P, .. . . 5'rrL cZ. N �r 01d0" Client: 02 ._i 1 i :�11 ■ y 4�}4�4�lA LC' :wrc a_.r:arrinr Project: RIVERSEA BOLIVA BRUNSWICK COUNTY S'+ — I NORTH CAROLINA y APO Str Title: SITE LOCATION MAP 1 in = 1 mile BRUSWICK COUNTY Drawn By: Checked By: JDM I JDG Approved By: Date: WBF 12/15/2021 ECS Project No. 49:15988 0 0.250.5 1 FIGURE 1 Miles Legend Project Study Area Potential Wetland ilk u i+ A #_ ■ A Zmwk ' ..� � i � Client: +1 ECHELON t f Project: RIVERSEA 1 BOLIVA f BRUNSWICK COUNTY NORTH CAROLINA # r } Title: Potential Wetland 1 t Approx. 0.75 Acre '" POTENTIAL WATERS OF THE U.S • ; NOTES: 1. JURISDICTIONAL WATERS OF THE US WERE NOT FOUND BY J ECS ON OCTOBER 17, 2021. 2. FEATURES DEPICTED ON THIS ,•�f. •, .1 4 * •� MAP HAVE NOT BEEN VERIFIED 46 f BY THE USACE AND NCDWR AND ARE SUBJECT TO CHANGE. 3. THIS MAP SHOULD BE USED FOR PRELIMINARY PLANNING PURPOSES. � 111 Drawn By: Checked By: '+ JDM JDG Ji Approved By: Date: WBF 1/4/2022 { ECS Project No. 49:15988 h100 200 40o FIGURE 6 i `• ' r Feet VIM r�dm MULTI -FAMILY SITE 498,967 sq.ft. WETLAND TABLE WETLAND AREA (ACRES) AREA (SF) ' DESIGNATION IWETLAND W 0.75 32,712 w J RI ILI PROPERTY LIMITS Iy 41 ,w LL •a moo Z o W o yz zm c r �v Z �rn z 3 J J W_ Z Z W Za a 0 0 W 0 E V W J Q H Z W z 0 0 W Z W o O Q z W a w � Z 3a5 o 0 ommo w IL W m u O > _w°� a I= W '-�zz d o Ho, NOT APPROVED FOR CONSTRUCTION DRAWN BY: KO CHECKED BY: JM DATE: 02/21/2023 SCALE: (H) I" = 100' PROJECT ID: PRI-220081 TITLE: EXISTING CONDITIONS SHEET: I OF 2 J W. �� moo Zo W.1 y Z gm O� 3�v car zz3 d V J J � ww VI Wo Z Z W Za a 0 0 W 0 W E V J Q H Z W z 0 0 V1 F- u WZ W o � W a w z -oan O ommo w d W Lb=moo a L' '-zzz d D dm0. NOT APPROVED FOR CONSTRUCTION DRAWN BY: KO CHECKED BY: JM DATE: 02/21/2023 SCALE: (H) I" = 100' PROJECT ID: PRI-220081 TITLE: PROPOSED CONDITIONS SHEET: 2OF2 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: 2023-0061502 Project Name: 49-15988-B River Sea Plantation March 28, 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 03/28/2023 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. 03/28/2023 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 ■ Marine Mammals 03/28/2023 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 03/28/2023 oil PROJECT SUMMARY Project Code: 2023-0061502 Project Name: 49-15988-B River Sea Plantation Project Type: Residential Construction Project Description: Residential Development Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/033.9987819,-78.25522175714555,14z Counties: Brunswick County, North Carolina 03/28/2023 3 ENDANGERED SPECIES ACT SPECIES There is a total of 16 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 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:Hecos.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:Hecos.fws.gov/ecp/species/4469 STATUS Threatened Proposed Endangered Threatened 03/28/2023 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:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://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:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1110 SNAILS NAME STATUS Magnificent Ramshorn Planorbella magni fica Proposed There is proposed critical habitat for this species. Your location does not overlap the critical Endangered habitat. Species profile: https:Hecos.fws.gov/ecp/species/6216 03/28/2023 5 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8549 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 03/28/2023 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. 03/28/2023 2 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 Painted Bunting Passerina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15 (BCRs) in the continental USA 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. 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. 03/28/2023 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. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC VulnerableBCC - BCR 1111 Jill Jill Jill 11L I Bald ■IIIY�IIIq ■IIIII ■----I■IIIII■III Brown -headed Nuthatch ---+ —v LWA"'=—= Jill Jill - — — — —'�— --" ---' III— — — — - BCC -BCR Bu ting + ---- ---+ ++—I Jill Jill Jill III— — — — — — — — — --- ---- BCCe WarbleProthonotary --_+ __-- 4- IIII IIII 1-4- IIII ---- ---- --�— --++ __-- BCC Rangewide (CON) ---+ __-- --_+ ++-- +III Jill Jill Jill II-- Woodpecker BCC Rangewide__-- (CON) 03/28/2023 4 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/librur / collections/avoiding-and-minimizing-incidental-take-migratory-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf MIGRATORY BIRDS FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCQ and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list 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 03/28/2023 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. 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. 03/28/2023 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. 03/28/2023 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:Hecos.fws.gov/ecp/species/4469 03/28/2023 IPAC USER CONTACT INFORMATION Agency: ECS Limited Name: Michelle Measday Address: 5260 Greens Dairy Road City: Raleigh State: NC Zip: 27616 Email mmeasday@ecslimited.com Phone: 9198619910 STONE FARM REGIONAL MITIGATION BANK CREDIT REQUEST ACCEPTANCE Elate: 411312023 Reliance Acquisitions LLC James Lake 1121 Military Cutoff Ref. C335 Wllmington, NC 28405 Project Name: River Sea Plantatien Expiration of Acceptance: 1011312023 SFMI3 Number; TRA Dear James Luke. DRAFT Stone Farm Mitigatlon Bank, LLC 2618 New Village Way Wilmington, NC 28405 (910) 251-8543 The purpose of th7 ,; lei if, r is to notify you that the Stone Farm Regional Mitigation Bank (Bank) is willing to 2ccept payment for impacts associated wrth the above referenced project, Please note tl}at this decision does not assure That the payment will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the Bank will be approved, It is also the responsibility of the applicant to determine the appropriate credit ratios that will be requiiad for the corresponding wetiand and/or stream impac(s. You must also comply with a1I other state, federal or local governmenI permits, regiilatinns or authorizations associated with the proposed activity. Thia acceptsnnc is valid for six �6) months from thy* date of this letter and is not transterable_ If we have not received payment for the accepted credits of the issued 404 Perrni#1401 Certitic aitionICAMA permit within this time Frame, thi$ acceptance will exp1 re. Predicated on the local payment due to the Bank, as set forth herein. a ten (10) percent non. -refundable deposit is due at the time of acceptance by the Bank. It is the applicant's responsibility to send copies of their permits to the Bank_ Once the Bank receives a copy of the perrnit(s), an invoice will be issued based on the informalion identified below. Payment musk be made prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and nmounts 1dentif Cd below are consistent with tho compensatory mitigation requirements of tha permit(s) issLied . The Bank ancflor its agents are not responsible for determininq the applicant's mitigation requirements. teased on the information supplied by the applicant, the imp20-5 that may require compensatory rnitigalion are summarized in the fallowing table: It'i GU Location S ream (ft.) _ Wetlands ac, _ No-nniparian Riparian -npact 03030005 .47 Note that the impact and credit totals above were provided by the applicant. It is the applicant's responsibility to provide accurate informalion {including the requested rnitigution credits}. The Bank and/or its agents are not responsible for determining the required credit amounts. The Bank',,; decision to accepi cra€lits is hass d upon the information provided by the applicant, The Bank is nol liable for any credit shortage should the applicant's required mitigation credits exceed the amount speclfled In the above table. Based upon the type and amounts of credits requested above, ft fallowing payment must be provided to the Bank prior to Issuance of credits = Credit Type Unit Per Unit Credit Fee Sufi -Total Stream 0 S646.12 KOO Nonripafien Wetland 1 570,039,17 $70,935_17 Riparian Welland a $70,039.17 $0.00 Total Pa rnent Due $70,939.17 Non-refundable Deposit $7,093.92 Balance Due Upon Invoice $63,M.26 Upon receipt of full payment, the Dank Mil take responsibility for providirig the campansatery mitigation. If the regulatory agencies require mitigation credits greater than indicated above, and should the applicant want the Sank to provide such credits, it is the applicant's responsibility to submit an additional credit request form to the Hanik. If you have any questions or need addIdonai Information, piease contact Jordan Cline at 910-251-8543 or jordan@dvuenterprlses.net SI ncerely, rrk y l rd n Cline Shone Farm Mitigation Bank, LLC cc; NCDVVU-Raleigh USACE NCD VQ-Local Agent NCHPO HPOWEB ��infan R�l�� G r f Rd Be BW(467 (former) Supply '"': 'r i, . r• F, Baptist C r u rch BVV0228 Concord UTMited `fQthpgig ChLwch and Carrwlery Q&ul10 t �L ¢1iWIr e R It S w BM*W,I'J&n and Berlyn '�w # � anr�aberiiouae � � "PU I is • i U) dip � BWO372 Taft Clemmons 60 �Hqusp and Store 2010 BW073 Phelps House OP :.rr�.gn; i s 3/28/2023, 3:53:06 PM 1:36,112 Surveyed Only individual resources & centerpoints SL individual resources & centerpoints 0 2,000 4,000 8,000 ft Surveyed Only SL Individual Entry 0 500 1,000 2,000 m Surveyed Only, Gone 0 Counties (outline) State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS North Carolina State Historic Preservation Office State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS January 7, 2022 ti. L .t } r � - ECS Southeast, LLP 3 - Additional view of upland on site. ECS Project # 49:15988 4/7/23, 1:39 PM BRUNSWICK COUNTY Appraisal Card 4/7/2023 1:38:26 PM RIVERSEA COMPANY LLC Return/Appeal Notes: Parcel: 1840000311 696 LOCKWOOD VILLAGE DR SE BOLIVIA 28422 COUNTY PLAT: 00035/00449 UNIQ ID 43771 80133036 ID NO:202919518357 BRUNSWICK COUNTY (100), SUPPLY FIRE (40) CARD NO. 1 of 1 Reval Year: 2023 Tax Year: 2023 MULTI FAMILY SITE 11.45AC PL 35/449 RVRSEA 11.4500 AC SRC — Appraised by 53 on 09/09/2022 501B RIVERSEA TW-05 CI-00 FR-18 EX- AT- LAST ACTION 20221114 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE TOTAL POINT VALUE I Eff. BASE BUILDING ADJUSTMENTS USE MOD Area QUAL RATE RCN EYB AYB CREDENCE TO TOTAL ADJUSTMENT 98 1 00 1 1 1 1 1 1 % GOOD DEPR. BUILDING VALUE - CARD 0 FACTOR TYPE: VACANT LAND DEPR. OB/XF VALUE - CARD 0 TOTAL QUALITY INDEX MARKET LAND VALUE - CARD 329,760 STYLE: TOTAL MARKET VALUE - CARD 329,760 TOTAL APPRAISED VALUE - CARD 329,760 TOTAL APPRAISED VALUE - PARCEL 329,760 TOTAL PRESENT USE VALUE - PARCEL 0 TOTAL VALUE DEFERRED - PARCEL 0 TOTAL TAXABLE VALUE - PARCEL $ 329,760 PERMIT CODE I DATE I NOTE I NUMBER AMOUNT ROUT: WTRSHD: SALES DATA OFF. RECORD DATE DEED INDICATE SALES BOOK PAGE MOJYR TYPE /UV/I PRICE 04923 0515 10 2022 WD* X V 900000 04652 0196 6 2021 SW* Q V 625000 04137 0463 12 2018 GW E V 350000 04014 0845 2 2018 GW U V 0 03222 0890 12 2011 WD U V 0 03193 1373 9 2011 WD U V 0 02723 0803 12 2007 WD U V 0 12487 0716 10 2006 WD Q V 575000 01915 1200 3 2004 WD U V 0 HEATED AREA NOTES MULTI -FAMILY SITE SUBAREA UNIT ORIG % SIZE ANN DEP % OB/XF DEPR. GS RPL CODE UALITYDESCRIPTIONCOUNTLTH WTHUNITS PRICE COND BLDG FACT YBEY RATE VR COND I VALUE I TYPE AREA % CS TOTAL OB/XFVALUE 0 FIREPLACE SUBAREA TOTALS BUILDING DIMENSIONS LAND INFORMATION HIGHEST OTHER ADJUSTMENTS LAND TOTAL AND BEST USE LOCAL FRON DEPTH LND COND AND NOTES ROAD UNIT LAND UNT TOTAL ADJUSTED LAND OVERRIDE LAND USE CODE ZONING TAGE DEPTH / SIZE MOD FACT RF AC LC TO OT TYPE PRICE UNITS TYP ADJST UNIT PRICE VALUE VALUE NOTES RES RU ACR 0110 R75 792 1.1400 4 1.2600 +11 +30 +00 -15 +00 PS 20,000.00 11.450 AC 1.44 28,800.00 329760 TOTAL MARKET LAND DATA 11.450 329,760 OTAL PRESENT USE DATA https://tax.brunsco.net/itsnetlAppraisalCard.aspx?parcel=1840000311 &TaxYear=2023 1 /1 Alex Morley, PWS From: 401 PreFile <401 PreFile@ncdenr.gov> Sent: Monday, April 10, 2023 8:39 AM To: Alex Morley, PWS Subject: Automatic reply: [External] 401 Pre -File Request: Riversea Boulevard - NWP 29 This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401- buffer-permitting-contacts For Non -Transportation Regional Staff: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/transportation- permitting/staff-contacts