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HomeMy WebLinkAbout20230946 Ver 1_USACE Correspondence_20230309 (2)Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Submittal Type:* 401 Application Pre -Filing Meeting Date Request was submitted on: 1 /10/2023 Project Contact Information Name: David Balsley Who is submitting the information? Email Address:* dbalsley@stokesea.com Project Information Project Name: * Bob's Gun Shop, Tract 14, Moyock Commons Dr., Moyock Is this a public transportation project?* Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)?* Yes No Unknown County (ies)* Currituck Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document BobsGunShopJPAlnfoOpt.pdf 5.07MB Only pdf or kmz files are accepted. Describe the attachments or add comments: The attachments provide site drawings of the planned development, wetland impacts, copy of the jurisdictional determination, copy of the letter of credit availability for the mitigation, and other supporting information describing the project. By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, 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. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature. * P pAmq Submittal Date: 2/13/2023 STOKES ENVIRONMENTAL ASSOCIATES, LTD. PRE -CONSTRUCTION NOTIFICATION SUPPORTING DOCUMENTATION BOB'S GUN SHOP TRACK 14, MOYOCK COMMONS DRIVE 3,6 ACRES MOYOCK, NORTH CAROLINA APPLICANT: MR, STEVE DOWDY 2A REALTY, LLC. 746 GRANBY STREET NORFOLK, VIRGINIA 23510 PREPARED BY: STOKES ENVIRONMENTAL ASSOCIATES, LTD. 10 FEBRUARY 2023 4101 Granby Street * Suite 404 * Norfolk, Virginia 23504 * Office (757) 623-0777 • FAX (757) 623-2785 BOB'S GUN SHOP 6 s) 1f*-LJ'S"1'1JVF 01 rel I �@ �21 �11 FAV'J - MR. STEVE DOWDY 2A RE ALTY, LLC. 746 GRANBY STREET NORFOLK, VIRGINIA 23510 Issue Date: 2/10/2023 The following Environmental Professionals prepared this pre -construction notification: David Balsley, Project Manager Senior Environmental Scientist Date Prepared By: Stokes Envirom-rental Associates, Ltd. 4101 Granby Street Suite 404 Norfolk, Virginia 23504 (757) 623-0777 FAX (757) 623-2785 STOKES ENVIRONMENTAL ASSOCIATEs, LTD. ® 4101 Granby Street, Suite 404, Norfolk, Virginia 23504 a TEL (757) 623-0777 ® FAX (757) 623-2785 �7\III DC� , � ► ► , INTRODUCTION........................................................................................................................... l PROJECTDESCRIPTION..............................................................................................................I APPENDIX A - MAPS APPENDIX B - PRELIMINARY JURISDICTIONAL DETERMINATION, 6/13/2022 APPENDIX C - PROJECT DESIGN PLANS APPENDIX D - ADJACENT PROPERTY OWNERS APPENDIX E - ENDANGERED SPECIES REVIEW APPENDIX F - LETTER OF MITIGATION CREDIT AVAILABILITY APPENDIX G - PRE -FILING MEETING REQEST: BOB'S GUN SHOP, 1 10/2023 I STOKES ENVIRONMENTAL ASSOCIATES, LTD. - 4101 Granby Street, Suite 404, Norfolk, Virginia 23504 ® TEL (757) 623-0777 a FAX (757) 623-2755 F1911: @ 1W At the request of Mr. Steve Dowdy representing 2A Realty LLC., Stokes Environmental Associates, Ltd. has prepared a Pre -Construction Notification Application for construction of a commercial development on a vacant land parcel totaling 3.6 acres which is located at Tract 14, Moyock Commons Drive, in Moyock, North Carolina. The purpose of this report is to provide the interested regulatory agencies with a thorough description of the proposed project, including impacts to non -tidal wetlands, as well as describing the measures taken to minimize, avoid, and compensate for unavoidable wetland impacts. J!W1Jh'U1_J_7E'S�"4WT (Section 3) The proposed project is the construction of commercial developments on vacant land in Moyock, North Carolina. Purpose and Need. The project purpose is to construct a. commercial building including a gun shop and 3, eight -lane shooting ranges to meet local needs. Physical Alteration ofSurface Water. The development will avoid surface water bodies but will alter emergent wetlands limited area of adjacent forested wetlands on the central and southwestern portions of the parcel. An examination of the site plan shows that the majority of wetlands have been avoided through the careful placement of access road and parking lots. The total wetland impacts planned are 0.380 acres. Alternatives Considered & Minimization oflmPacts. The development plan (as seen in appendix D) is a concentrated development, utilizing a compact layout limited to the northeastern portion of the subject site, while not disturbing the wetlands on the southwestern side of the subject site. The wetland disturbance primarily affects emergent wetlands, and minimized the impact on the remaining forested wetlands. Further reduction of the construction footprint is not practical; Every effort has been made to limit wetland impacts to small fringes of emergent wetlands extending up into planned parking lot and building areas. None of surface water bodies will be impacted by the proposed commercial building project. As noted in the site plans, future expansion of the facility may occur if demand indicates more shooting lanes are needed. STOKES ENVIRONMENTAL A ssOCIArE s, LTD. « 4101 Granby Street, Suite 404, Norfolk, Virginia 23504 e TEL (757) 623-0777 9 FAX (757) 623-2785 Off -Site AlternatNe. Because of the wetland impacts are minimal, off -site alternatives were not considered. Wetland Tfnpacts. The access road, the building and parking lots will impact a total wetland area as follows: Impacts to jurisdictional emergent wetlands 15246 s.f./0.35 ac. Impacts to jurisdictional forested wetlands 1306 s.f./0.03 ac. Mitigation. Mitigation will be provided by the Greenway Farm Wetland Mitigation Bank, serving the project watershed (03010205) at a 2:1 ratio for forested wetlands, and a 1:1 ratio for emergent wetlands. Thus, the total mitigation is as follows: Forested jurisdictional wetlands @ 2:1; 0.03 ac *2 = 0.06 acres of mitigation Emergent jurisdictional wetlands @ 1:1; 0.35 ac * 1 = 0.35 acres of mitigation Total mitigation 0.41 acre of mitigation Additional details regarding the construction and impacts can be found in the attached PCN Fillable Form and the attached site plans and exhibits. PA STOKES ENVIRONMENTAL ASSOCIATES, LTD. ® 4101 Granby Street, Suite 404, Norfolk, Virginia 23504 ® TEL (757) 623-0777 ® FAX (757) 623-2785 STOKES ENVIRONMENTAL ASSOCIATES, LTD. ® 4101 Granby Street, Suite 404, Norfolk, Virginia 23504 * TEL (757) 623-0777 s FAX (757) 623-2785 • r qk L1 rt `1 � • L ' r ti •1'y y t r � � • tilt i 4 r Site Sketch STOKES N ENVIRONMENTAL PROJECT NAME: Tract 14, Currituck Commons Dr., Moyock, NC PROJECT NUMBER: 21-5463 W+E ASSOCIATES, LTD. DATF; 22-Apr-21 S 4101 Grstyby Street, Norfolk,'Va. SCALE: As Noted 757-623-0777 www,stokesea.com SOURCE: Currituck County G1S Mapper co w � 0 � � 0 CL 7: C) z 7 ƒ� (( z> e ! 9 f kJ 0A° 2 LLF �� ! 3 g f 0 02 ! 2\ ) ) cq ? h 0 5 � k){f { \��� L§§= )) 222] k Z13 §2e-• K 7AAl Coro; )-m§k 2R=�I / k\\\ /*]a■ 0013 ik�Jb4G4 I GGMlh )b UM" Mi" Gufw> M.6.CT m 1 m o x s °2 w ,4 7 � M,zZAT .9L .XI O Dh i �r Soil Map—Currituck County, North Carolina map unit Symbol Map Unit Name Acres in AOI Percent of AOI Ro Roanoke fine sandy loam 3•8 100.0% Totals for Area of Interest 3.8 100.0% USDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Page 3 of Pge 3 022 of 3 13 r_ 0) CD 5 W LL W LL N * " E y fl M 4� S. 'A p8N I4 O _ m 7 aS w a C Ga C ii X -4 S C] 8 Ig m W V C d W d S] W N , r O 2 1 etA� ILU -j pC 2 dp w w O ur x 4 g Ed LO 0 0 1 z � a e 3 a e Q a �r +gym s a i G III Im �pp N T I + I El El to S fP W W a E 6m� m #m E -2Z Ew y E e a r yQ ; a� a tEoi oy yo Q O t o 0In Ee ryry �{pp � a' 'A N v t.o E� a :mum M — m p .. [] 97 W q ,y 1Q C V } nm N w c!�i m o M E EEEL Sarin w A��Oc $m L1 Spy EL d N '� A a O y s + Y e � � f wo� <-Alfib %,Woi J STOKES ENVIRONMENTAL ASSOCIATES, LTD, ® 4101 Granby Street, Suite 404, Norfolk, Virginia 23504 9 TEL (757) 623-0777 e FAX (757) 623-2785 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-02667 County: Currituck U.S.G.S. Quad: NC-Movock NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: 2A Realty, LLC Mr. Steve Dowdy Address: 746 Granby Street Norfolk, Virginia 23510 Telephone Number: (757) 627-8311 E-mail: steve.dowdy( bobsgunshop.com Size (acres) 3_6 Nearest Town Movock Nearest Waterway Northwest River River Basin Albemarle-Chowan USGS HUC 03010205 Coordinates Latitude: 36.515705 Longitude:-76.171106 Location description: The property is identified as Currituck County Tax Parcel ID Number 015B00000140000 and is located adjacent to the southwestern terminus of Movock Commons Drive in Movock, Currituck County, North Carolina. The property total area is 3.6 acres containing approximately 1.02 acres of potential wetlands, 0.15 of potential non -wetland waters (pond) and 738 linear feet of potential non -wetland waters (ditch). See attached Wetland Delineation Man date edited on 06/02/2022. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/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. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/2/2022. 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 project area/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 detennination 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 over all 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, including wetlands on your project area/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. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/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, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the 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. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once SAW-2021-02667 verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the 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 project area/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 the 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. 0 The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Elizabeth City, NC, at (252) 264-3901 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 Arrny 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 Anthony D. Scarbraugh at 910 251-4619 or anthony.d.scarbrau2ii(&usace.army.mil. C. Basis For Determination: Basis For Determination: The aquatic resources within the review area were delineated using the Corps of Engineers 1987 Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional Supplement Version 2. D. Remarks: The potential wetlands and non -wetland waters within the review area are depicted on the attached Wetland Delineation Map date edited on June 2, 2022. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in 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 South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 AND 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 Not applicable. **It is not necessary to submit an RFA form to the Division Office if ypH, do not object to the determination in this correspondence.** Corps Regulatory Official: cmj��V,)- �� Date of JD: 6/13/2022 Expiration Date of JD: Not applicable SAW-2021-02667 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://re ug lator .00ps.usace.anny.mil/customer-service-survey/ Copy Furnished: SAW-2021-02667 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at http://corpsmapu.usace-army.mil/cm_apex/f?p=136:4:0 Copy furnished: Agent: Stokes Environmental Associates Ltd. Mr. David Balsley Address: 4101 Granby Street Norfolk, Virginia 23504 Telephone Number: (757) 623-0777 E-mail: dbalsleykstokesea.com i v Applicant: 2A RealtjLLC, Mr. Steve Doffdy File Number: SAW-2021-02667 Date: 6/13/2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C [� APPROVED JURISDICTIONAL DETERMINATION D 0 PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION) -The £ofiowing idenl:ifi6s your righrsand options regarding an;adniinistrative, appeal of the, above decision; Additional lr f nliawn inay,be found at or h . 11 uvw: rsa . rt .irit It issierti lC�tvzl rr%s/ later Prn rctandP a: or the Corp s re aiions at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the pen -nit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the forn to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION: JJ - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION; The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/ter the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division MR. PHILIP A. SHANNiN Attn: Anthony D, Scarbraugh ADMINISTRATIVE APPEAL REVIEW OFFICER Washington Regulatory Office CESAD-PDS-O U.S Army Corps of Engineers 60 FORSYTH STREET SOUTHWEST, FLOOR M9 2407 West Fifth Street ATLANTA, GEORGIA 30303-8803 Washington, North Carolina 27889 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL; PHILIP.A.SHAWN(&USACE.APMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govemrnent consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation, and will have the opportunity to taarticioate in all site investigations. Date: I Telephone number: of appellant or For appeals on Initial Proffered Perrrnits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Anthony D. Scarbraugh, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send dais forin to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10MIS, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 6/13/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: 2A Realty, LLC, Mr. Steve Dowdy, 746 Granby Street, Norfolk, Virginia 23510 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Steve Dowdy / Currituck Commons Drive / Currituck County, SAW-2021-02667 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The property is identified as Currituck County Tax Parcel ID Number 015B00000140000 and is located adjacent to the southwestern terminus of Moyock Commons Drive in Moyock, Currituck County, North Carolina. The property total area is 3.6 acres containing approximately 1.02 acres of potential wetlands, 0.15 of potential non -wetland waters (pond) and 738 linear feet of potential non -wetland waters (ditch). See attached Wetland Delineation Map date edited on 06/02/2022. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Currituck City: Moyock Center coordinates of site (lat/long in degree decimal format): Latitude: 36.515705 Longitude:-76.171106 Universal Transverse Mercator: Name of nearest waterbody: Northwest River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ®Field Determination. Date(s):04/14/2022 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs resource "may be" resources in non -wetland subject (i.e., Section review area waters) 404 or Section 10/404) (acreage and linear feet, if applicable SAW-2021-02667 36.51575 -76.17141 1.02 ACRES Wetland Section 404 Wetland Site 1 SAW-2021-02667 Non- 36.5155 -76.171491 738 feet Non -wetland Section 404 Wetland Waters Site 1 waters SAW-2021-02667 Non- 36.5152 -76.17039 0.15 ACRES Non -Wetland Section 404 Wetland Waters Site 2 Waters 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative record and are appropriately cited: ®Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Map entitled Wetland Delineation Map submitted by Stokes Environmental Associates Ltd (Stokes) on 04/05/2022 with final revised Wetland Delineation Map received on June 2 2022 ® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: Data Sheets received on 12/15/2021 submitted by LMG with revision received on April 5 2022 © 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: 1:2,000, Moyock provided by Stokes ©Natural Resources Conservation Service Soil Survey. Citation: WebSoil Survey, Currituck Co., NC provided by Stokes ®National wetlands inventory rnap(s).- Cite name: NWI Map provided by Stokes ❑ State/local wetland inventory rnap(s): 0 FEMA/FIRM maps: 3721803100K provided by Stokes ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) © Photographs: ® Aerial (Name & Date): 2021, Currituck County GIS Mapper provided by Stokes or ❑ Other (Name & Date): ❑Previous determination(s). File no. and date of response letter: ®Other information (please specify): LiDAR and APT for 04/21/2021 and 04/14/2022 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 C' - �h� Signature and date of Regulatory staff member completing PJD 6/13/2022 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. STOKES ENVIRONMENTAL ASSOCIATEs, LTD. ® 4101 Granby Street, Suite 404, Norfolk, Virginia 23504 * TEL (757) 623-0777 a FAX (757) 623-2785 NV-1d 1OVdVql CINV-11AAA ON M1 W10H AINnoo )i5r,6881 a N—a ..1 dOHS Nno soos A C-) m,a a3 — ----------------- .. ....... ...... . 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Ln Ln� m m m± ® ¥ _ ¥ m m w m � ? ? ? -1 � / / / / rl", cr- c� o� m 2 2 00 3 2 3 2 v) (A 0 ct� cr- cl� ZZZZWWW n O O G ± » » O O C 0 0 0 0 U U U U U U U� a v � � � 25 / / U U U U A¥¥ ")C C C C 2 2 y y » * - 0 C 0 0 D 2 D U U U CD / / � ? q / « w e w 4_ w w STOKES ENVIRONMENTAL ASSOCIATES, LTD. a 4101 Granby Street, Suite 404, Norfolk, Virginia 23504 * TEL (757) 623-0777 e FAX (757) 623-2785 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: 2023-0019760 Project Name: Bobs Gun Shop November 29, 2022 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 ECDS-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 ECCS-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 11/29/2022 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: hap://www.fws.gov/endangered/esa-library/Pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. 11/29/2022 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 11/29/2022 1 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 11/2912022 Project Summary Project Code: 2023-0019760 Project Name: Bobs Gun Shop Project Type: Commercial Development Project Description: Tract 14, Currituck Commons Drive, Moyock Project Location: Approximate location of the project can be viewed in Google Maps: https:/l www.google.com/maps/(@36.51698435,-76.1704054523714,14z I Counties: Currituck County, North Carolina Uizstzo2z Endangered Species Act Species There is a total of 13 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. YPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA FisheriesI, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact dae designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Northern Long-eared Bat Myods septentrionalis Threatened No critical habitat has been designated for this species. Species profile: httpA:J(ec.fw.gpyi Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://eens.fws.gov/ecp/specie5/10515 1.1/29/2022 Birds NAME STATUS Eastern Black Rail Laterallus jamaicensfs ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https:!/erns.fws.govleCp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered, There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile; https:!/ecos.fws.ggyJgc.p/specio/6039 Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species, Species profile: https://eects.fws.gov/ecR/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:/Yecos.fws.rov/ecp/species/7614 Reptiles NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: lttps:lLecg§,fw.5.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelorua rnydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat, Species profile: https:/Ieco.s.fws.gov/ecp/species/6199 Kemp`s Ridley Sea Turtle Lepidochelys kempff Endangered There is proposed critical habitat for this species. Species profile: https://ecos.fws,gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: hitps:liecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population; Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat, Species profile: https://ecos.fws.gov/etppeipst(1110 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: hips://ecos.fwsX LykQpLipecies/9743/9743 11/29/2022 Flowering Plants NAME, 4"I A I'US Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: hops:/lecos.fws,govleeplsneciesl8549 Critical habitats 0IERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION, 11/2912022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection Actl. 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 Mi rg atory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 58 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds lusted below are birds of particular concern either because they occur on the U5FWS Birds of Cgo5glyatign Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found, below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA hctps:/Iecos.fws.gov/ecp/species/9587 Bald Eagle Haliaeerus 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 poteutial susceptibilities in offshore areas from certain types of development or activities. 11/29/2022 BREEDING NAME SEASON Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea 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. Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. • • • 117111 it 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 iV 291207.7_ 3 was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks, For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum, of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical, black lines superimposed an 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 weep. Survey Trmeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel -- III I•• I l i t I 1 1 1 1 Pill Jill + 1 1 1. • ^._ BCC - 8CR Bald Eagle Nun -BCC Vulnerable Brown -headed Nuthatch i I I I I BCC - SCR Chimney Swift I I I! I I I I I j I I i i, i -+ 11/29/2022 4 BCC Rangewide (CON) Prairie Warbler BCC Rangewide 1` fill I I I I I I I! I I .1.1 ] I 1 I I I.-- I—— (CON) Prothonotary Warbler I_. � I I I I I•- I III I I I I I 1 1 1 11 J1 I'+ I I I 1• I — BCC Rangewide (CON) Red-headed woodpeker I --- Jill I I 1 I I I I'I 1111 Ill i I 11.'1 I 1 I 1• 101•. r+ 1 L• +—, BCC Rangewide (CON) Rusty Blackbird BCC BCR Wood 'Thrush �I BCC Rangewide I — _- -�--I--l-�I- -1 .. _. I 1 I IL h x I 1 I I 1 (CON) Additional information can be found using the following links: ■ Birds of Conservation Concern https-11www.fws.govlprogram/migratory_birds/species ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoidinv--and-mlinimizinv--incidental-take-migratorv-birds ■ Nationwide conservation measures for birds httpsl/www.fws.gay/sites/defaultifiles/ documents/nationwide-standard-conservation-measures.pd f Migratory Birds FAQ 'Fell 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 VaC 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, 11/2912022 and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10krn 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 („AIiN). This data is derived from a growing collection of 5uryey, banding, and citizen science da as ts. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link, How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory lairds? Migratory birds delivered through INC fall into the following distinct categories of concern: 1. " SCC 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. "Nan-BCC-'V'ulnerable" 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 11/29=22 implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the liAQs 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 NQAA NCCOS Integrative Statistical Modelin a 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 Trot include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb S ie el or Pam_Lorin. What if f have eagles on my last? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize ,potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "'fell 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. 11/29/2022 7 Agency: Stokes Environmental Associates Name: Tianshu Huang Address: 4101 Granby St Address Line 2: #404 City: Norfolk State: VA Zip: 23508 Email thuang@stokesea.com Phone: 7578574775 STOKES ENVIRONMENTAL AsSOCIATEs, LTD. ® 41GI Granby Street, Suite 404, Norfolk, Virginia 23504 ® TEL (757) 623-0777 e FAX (757) 623-2785 LOWER JAMES RIVER WETLAND MITIGATION BANK 4101 GRANBY STREET, SUITE 404 NORFOLK, VIRGINIA 23504 2A Realty, LLC c/o Mr. Steve Dowdy Bob's Gun Shop 746 Granby Street Norfolk, Virginia 23 510 19 December 2022 RE: Wetland Mitigation Credits Bob's Gun Shop Moyock Commons Moyock, North Carolina As requested, this letter is to confirm the current availability of 0.410 wetland mitigation credits for wetland impacts. Credits are currently available at the Lower James River Wetland Mitigation Bank, Greenway Farm Wetland Mitigation Bank Site (HUC 03010205). With best regards. Sincerely, Stokes Environmental Associates, Ltd. o omas L. Stokes, Jr. STOKES ENVIRONMENTAL ASSOCIATEs, LTD. 9 4101 Granby Street, Suite 404, Norfolk, Virginia 23504 - TEL (757) 623-0777 ® FAX (757) 623-2785 1I10123, 11:14 AM Stokes Environmental Associates, l.td. Mail - Pre -Filing Meeting Request: Bob's Gun Shop, Track 14, Currituck Commons Dr., M... Pre -Filing Meeting Request: Bob's Gun Shop, Moyock 1 message David Balsley <dbalsley@stokesea.com> To: 401 PreF!le@ncdonr.gov Hello, David Balsley <dbalsley@stokesea.com> Track 14, Currituck Commons dr., Tue, Jan 10, 2023 at 11:12 AM I would like to submit a Pre -Filing Meeting Request for the for a 401 Water Quality Certification for a project known as "Bob's Gun Shop", to be locafed at Tract 14, Currituck Commons Drive, in Moyock, Currituck County. The applicant is: Mr. Steve Dowdy, 2A Reaity, LLC, 746 Granby Street, Norfolk, VA 23510. The proposed project is expected to result in the filling of 0.38 acres of non -tidal emergent wetlands. Efforts have been made to avoid and minimize wetland impacts to the extent possible. The site is not within a 100 year floodplain. Wetland mitigation is being provided by an established mitigation bank for the wetland impacts anticipated. The extent of wetlands on the site was confirmed by the US Army Corps of Engineers, Wilmington District, SAW-2021- 02667. The date of the JD was 6/1312022. I, David Balsley, of Stokes Environmental Assoc., Ltd., 4101 Granby Street, Suite 404, Norfolk, VA 23504, am the authorized agent for the applicant. Please let me know if you need any other information for this Pre -Filing Meeting Request. Best regards, Dave Balsley, Agent Stokes Environmental Assos., Ltd, 4101 Granby St., Suite 404 Norfolk, VA 23504 757-623-0777 dbaisley@stokesea.com https:llmail.goog le.comlmaillu/0/7ik=b l 581 ed74d&view=pt&search=all&permthid W thread-a%3Ar-8857171677541481114&sl m pl=msg-a%3Ar7602748l ... 111 1110123, 11:14 AM Stokes Environmental Associates, Ltd. Mail -Automatic reply: [External] Pre -Filing Meeting Request: Bob's Gun Shop, Track 14, David Balsley adbalsley@stokesea.com> Automatic reply. [External] Pre -Filing Meeting Request: Bob's Gun Shop, Track 14, Curritluck Commons Dr., Moyock 1 message 401 PreFile <401 Pre File@ncdenr.gov> Tue. Jan 10, 2023 at 11:13 AM To: David Balsley <dbalsIey@stokesea.com> 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. l7WR 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($). 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.deq.no.gov/WaterResources/DocView.aspx? dbid=0&id=2 1 62034&cr=1 For all Transportation Projects Including NCDOT Projects: https://deq,nc.gov/about/divisions/water-resources/water-resources-permits/transportation- permitti ng/staff-contacts https://ma i I.goog le.comlmal I/u/0/?i k=b1581 ed74d&view=pt&search-8il!&pe rmth Id=thread-f%3A1754652675023877991 &sim pl=msg-f°/a 3A 1754652675... 1/1