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HomeMy WebLinkAbout20231391 Ver 1_Hardy Graham Attachments_20231011ALEXANDER SUBDIVISION Hardy Graham Road Maple Hill, NC Onslow County PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. 2020 Aerial Photograph Figure 5. Preliminary Wetland Map 3.0 SITE PLAN DRAWING Sheet 1. Overall Site Plan & Road Cross Section 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List USFWS NLEB MANLAA Determination Key 1.0 AGENT AUTHORIZATION FORM Resource AGENT AUTHORIZATION FORM TO WHOM IT MAY I/we, the undersigned, hereby authorize Davey Resource Group to act as our agent in the determination of jurisdictional wetland boundaries on the subject property, Hardy Graham Rd. By way of this form, I/we additionally authorize access to the site by representatives of the US Army Corps of Engineers and/or the NC Division of Coastal Management for the purpose of reviewing the flagged wetland boundary and providing a final jurisdictional determination. Any questions regarding the jurisdictional wetland determination should be directed to Davey Resource Group. Property Address and Parcel ID Number: Near 209 & 205 Hardy Graham Rd. Maple Hill NC 28454 ParcellDS: y� / 431400431065 Current Property Owner Name: Q g--T i'i �l/I �2 Q Nt L LC Owner Address, Phone Number, & Email Address: n { Address: PO $p� o� f�� 7-Tv/�GC NC ��TC%� Email:el� lug h"f�VPr 1- S�I-C Q►%'1 ' �.0�✓r Phone: 4l 8 - a Notice: This authorization, for liability & professional courtesy reasons, is valid only for government officials to enter the property when accompanied by Davey Resource Group staff. Please call DRG to arrange a site meeting prior to visiting the site. Print Owner or Applicant ogcfe—v— -7 _ A Lf 513 t Name* —� Date 'If signed by the Applicant, Applicant attests that he/she has ;nature* authorization to grant DRG and agency personnel property access for the purpose of obtaining a Jurisdictional Determination. Phone: 910.452.0001 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 daveyresoureegi-oup.com/carlDlinas 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. 2020 Aerial Photograph Figure S. Preliminary Wetland Map VA 1.0 n j 110 L:\WETLANDS\2023 WETLANDS FILES\DRGNCW23.259 --- Hardy Graham Rd, Will Alexander\Maps\GIS Boundaries are approximate and not meant to be absolute. Map Source: OpenStreetMap Hardy Graham Rd. Onslow County, NC Map Date: June 2023 DRGNCW23.259 NC 53 --- - 1 it -f� - - 1 I I I Padgea - N 0 1,000 2,000 4,000 ft Scale applies to 11X17" print. DAVEYI® Resource Group Figure 1 3805 Wrightsville Avenue Vicinity Wilmington, NC 28403 Man F' (910) 452-0001 cemitV L:\WETLANDS\2023 WETLANDS FILES\DRGNCW23.259 --- Hardy Graham Rd, Will Alexander\Maps\GIS Boundaries are approximate and not meant to be absolute. Map Source: USGS Topographic 7.5 Minute - Haws Run, Maple Hill Hardy Graham Rd. Onslow County, NC Map Date: June 2023 DRGNCW23.259 DAVEY1® Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 ■ s- 0 0 r ttle 1\ N 0 250 500 1,000 ft Scale applies to 11X17" print. Figure 2 Topographic Map Ln St. l Soils: 1 FoA: Foreston Loamy Fine Sand, 0 to 2 Percent Slopes 1 Mu: Murville Fine Sand, 0 to 2 Percent Slopes St: Stallings Loamy Fine Sand, 0 to 3 Percent Slopes L:\WETLANDS\2023 WETLANDS FILES\DRGNCW23.259 --- Hardy Graham Rd, Will Alexander\Maps\GIS Boundaries are approximate and not meant to be absolute. Map Source: GIS Soils Data Onslow County Hardy Graham Rd. Onslow County, NC Map Date: June 2023 DRGNCW23.259 DAVEY Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 N 0 100 200 AScale applies to 11X17" print. Figure 3 Soils Map 400 Mft - _ F r�c-�. _ -a. •ai:•�:,r""k. r - �. ,.}.. ,�.A:�u -3.�= - - r,,M,r?-=. L-.- _- ._ •C• r- •v:_' -N�': :�•^.:::•. •�� •.ti-.-+�'`. -__ .�,Y��vti. -t��sa,i':.i.F d-ayrc.�'r f.-� � ii,-+=.-�r��.'Y `.�.,�,.��-: ='r-:� .:.y','��:: _,.�: - yam. �p ..q -SHE}.l -. _.S• ti::- rs' - �y VT- .�. -,•: - • - ..� * w.• v - -n =��.`..i�p . - n.':.- - •� . .� �? .7�r; ram:"�. - 'r•. -- .i y. ,�` ;.. 3 F►�,::"° ;.ram -/ ':?�• , � 3. � �py,�y � � � � � AY.'K'9 -pl`_� LM1',-Z .Ky.{� :.5,-,.:'�"�'..,�rv:•". L .ss - m ''1r 'eJ a-r' i �i .gyp..'.. p'y'.. �• } r -. �_.'i:.. �'`tiri. "_�. �� i:A%"F,. + _ -:�•'e - � � �. � -�.r[i . ..k��, _ :.y �� ���. •.'/ S,.eS. ..'e'r{-`� __4.K 'n - ;�_ _ .'rronYw� �,C� :-t�'�a �..� .-yam . 'Tt� � Ttr •.i:a}"..' a� mat" :� x -^..ems. - ;'� 7" ru - ��• . ��: 7 -F` , _.. - ':. .,ram ,g.+, _ : •G�i •R' -:;. +..: _ '�= . - -. ry5 `•� �ti �-�'. - :fir:,; n _: ':,�' '-y � 9- Alt --. •4' Al ad 17 � r'�+5- r-i �-�� !. !' � `'� 4 �•-.. __ ��'� '.Y^ � �.7'"- .'ems ':C �'��' �$'a ...�•. •�.� •�� JM .;•41 .-� _ yy��,,6 - rG..- �L'�~_;4=FgY'��. •..� `l:�,.�-',j.:4 :-•y�• - � ,.17,E � • ..i, •� .. '��� :# - .- - w � :. - .:�.''.�� � - �:k':.�.,,:.R r � _ w �:�•� ��•�-� � • � of. ".•fib .. • i. `• .,�:. A;. `. Vie• �'�:�, _ '.x-;• :.� ..:.°....„ ,�. - . � � � �. .':.�' i .. � f ' .-�: �r - <<'v: � `fie �':;:,_• , : r • _ xy :: :sue: Lv .,i-. .•�':- •YY' _'.5.•���> NNot J. .. a ..rw - k ,.r- - `�4•�,•'..'.�-�_ .� � w: •.. .. ;�:-. � '" :fit ;`�-. (� •,w k�xf _ ,�d{f. � y�= �� Y�fsw''� ?r 1. __ �. � �r ' �-� - a-..Fy,.. fie. -.Y. , tfl�•- �"e'"' �- � � '.� }. is �7. ,v 5. .. r; .:.i •. _ >`=. fir. •�''�.� � ;-" ��-' s '�: -•". i? 1't"'•� gym !$' r � > : w __ c ,. Nil ? �. :.yyY i...%'4,w, r -��, - ��-:�,�Y� v y s �� ��_ � �': ra� .��.; . ;sG - ••. uk •4 �:a Y+� 4•t• �' ' �� :.•,� ':_ , �'�+..-,fir, Y ;'r-s. '� -- ^� ` 4EE .. ^•fir. ; �+' xi -'1.. 1 •t....`,, ,77 L:\WETLANDS\2023 WETLANDS FILES\DRGNCW23.259 --- N Hardy Graham Rd, Will Alexander\Maps\GIS 0 100 200 400 Boundaries are approximate and not meant to be absolute. ft Map Source: 2020 NC OneMap A Scale applies to 11X17" print. Hardy Graham Rd. Onslow County, NC Map Date: 8/4/2023 DRGNCW23.259 DAVEY* Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 Figure 5. Preliminary Delineation Map 3.0 SITE PLAN DRAWING Sheet 1. Overall Site Plan & Cross Section I / / LOT 1 DRIVEWAY 50-FT COASTAL JD STREAM I � STORMWATER (US WATERS) VEGETATIVE Wetland Impact #1 : SETBACK / / / i 0.023 ac (1015 sf) (PIPE CROSSING - SEE DETAIL) S 44°20'06" E C° \ 54.121 2a 2:1 SItTFENCE OUTLET 24 / \ (SEE DETAILS) 0 0 I �— i9 N c9 0')' 00 co I `i d• Co z W I /� (9 N 2a / / AFT �� ,122�9 S 24 Lo d78763SF+ 1 A 2a w kRMANENT DRIVBWA-Y a N j A M o o N 1 \ z N 3M � ♦ S 6� Inow' 207.6714' N 39'11'54" W I I w I 0 Co o M I on Co 0 — Lo N \ z co d I II / I I I II�64-- oo--� 00 ,90 — BORROW PIT - -FL,ffUfCEF0RD / LOT: 3 114,883 SF ± 2.64 AC. 8z I'26" E Open Water Impact #1: 0.01 ac (300 sf) -71 r I r I I r r DSED LOT r EXISTING DIRT ACCESS RD. TO ADJACENT PROPERTY TO BE RELOCATED AT THE PROPERTY LINE SHOWN HERE I-- C" N \ C N c� � �• Co > o PROPOSED ACCESS ROAD I � I / S 3-2—°03'09" E 320.34 FUTURE PAVED/GRAVEL ROAD 12 FT AM PROPOSED ) PROPOSED J SHEET FLOW SHEET FLOW PER STORMWATER PER STORMWATER NOTES NOTES NOTE: 1. ASPHALT PAVEMENT SHALL ADHERE TO TYPICAL 2" SURFACE COURSE OVER 6" COMPACTED ABC STONE. VERIFY WITH GEOTECHNICAL ENGINEER. 2. VEGETATE ROADSIDE DRAINAGE. CROSS—SECTION OF HAUL ROAD NOT TO SCALE rn, o o Wetland Impact #2: Co 0.045 ac (1950 sf) Z (PIPE. CRO SSTNGI- SEE DETAILI I \ \ I � PROPOSED ACCESS TURN-AROUND/I/ MAX. MAX. 3:1 SLOPE 12-FT ACCESS RD (36" FILL) 3:1 SLOPE 35-38LF 15" RCP (5 0.30%+/- INLET OUTLET ACCESS ROAD CROSSINGS, TYP. (WETLAND IMPACTS) NTS / h/ / Wetland Impact #3: 0.022 ac (950 sf) / (ROAD FILL) I I � 62 _ 299.0926' mmilli S 32*03'09" w 61 62 fie E 782.4460 I I Co so� — _ = 272.5475' I N LOT: 4 I I I o 154,416 SF ± / / 1� I _ 210.8059' I I / zman N ��� � 3.54 AC. / Lo -A , WET LOT: �I '� �N 111,323SF+ / LOT: 5 j ` �FT� ` I � m 152,944 SF ± I� �/ Y� 2.56 AC. 0) I00 I � S 40°28'38" E 60 ,l - 14 -1; �, SET 144.9998', —�� I WETLANDLo _/ JD ST2EA J� ,, \'' �� �' BOUNDARY W� /�' / �� cq� /`� `� �`�\0'0�56� —,L C°En SITE ADDRESS: PARCEL ID: PROPERTY OWNER: SOURCE DEED: PARCEL TRACT AREA: ZONING: PROPOSED USE: ALEXANDER SUBDIVISION 185 HARDY GRAHAM ROAD, MAPLE HILL, NC 28454 060475 GET RIGHT INVESTMENTS, LLC DEED BOOK 6004, PAGE 767 18.26 AC± RA (RURAL AGRICULTURE - PENDER COUNTY) RESIDENTIAL SUBDIVISION (5 LOTS) oo- �0-FT COASTAL N 31 53 34" W S I OOR6MWATER ` \ Al� I PROPERTY \ \ UNDSCRPING CONSTPUCTIQi \ BOUNDARY a FLOOD NOTE: \ I A PORTION OF THIS TRACT DOES NOT LIE WITHIN A DESIGNATED FLOOD ZONE, \ % ACCORDING TO FEMA FIRM COMMUNITY MAP NUMBER 3720430400K, BEARING AN EFFECTIVE DATE OF FEBRUARY 16, 2007. SURVEYOR: DEWHITE ASHLEY, PLS, ASHLEY LAND SURVEYING, HAMPSTEAD, NC (910) 520-3420; PROVIDED WETLAND AND BOUNDARY INFORMATION SHOWN HEREIN WETLANDS: THERE ARE REGULATED WETLANDS AND STREAMS ON THE PROPERTY AS DELINEATED BY DAVEY GROUP (LAND MANAGEMENT) WILMINGTON NC. IMPACTS TO BE PERMITTED BY DAVEY GROUP WITH USACE. GRAPHIC SCALE 0 30 60 120 240 96J SCALE: 1" = 60' �RPII�S� P9�. 0gLOT 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List USFWS NLEB MANLAA Determination Key Roy Cooper, Governor 0■ ■■0 INC DEPARTMENT OF ■ ■ ■■u■■ NATURAL AND CULTURAL RESOURCES ■ ■■■ September 22, 2023 John M Perry Davey Resource Group, Inc. 3805 Wrightsville Avenue Wilmington, NC 28403 RE: Hardy Graham; DRGNCW23.259 Dear John M Perry: D. Reid Wilson, Secretary Micky Buchanan Deputy Director, Natural Heritage Program NCNHDE-23422 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage(a)dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPAR71MEN7 OF NATURAL AND CULTURAL RESOURCES fl 121 W. JONES STREET, RALEIGH. NC 27603 • 1GS1 MAIL SERVICE CENTER, RALEIGH. Nc 27699 OFC 919.707.9120 • FAX 919.707,9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Hardy Graham Project No. DRGNCW23.259 September 22, 2023 NCNHDE-23422 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name IF Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank �` Natural 2698 Wet Loamy Pine --- 1995-09-29 AB 3-Medium --- --- G1 S1 Community Savanna Natural Areas Documented Within a One -mile Radius of the Project Area Site Nam Representational Rating Tate Road Savanna R2 (Very High) No Managed Areas are Documented Within a One -mile Radius of the Project Area Collective Rating C4 (Moderate) Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.org/help. Data query generated on September 22, 2023: source: NCNHP, Summer (July) 2023. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 NCNHDE-23422: Hardy Graham Woods Ra grlans d� riG �9 do `S R a . 76 n "a' Y Run s4- IA d� '84ft Hardy �raha�1�1 C`9dnn s Ra Sp °a L� 47 Soh Padgett A N w+L 0.28 0.55 1.1 Miles S I 1 I I I I I I I September 22, 2023 NHP Natural Area (NHNA) Q Buffered Project Boundary Q Project Boundary Sources: Esri, Airbus IDS, USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat GSA, Gecland, FEMA, Intermap and the GIS user community Sources: Esri. HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors; and the GIS User Community Page 3 of 3 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: 2023-0132190 Project Name: Hardy Graham ".41 &WILDCUM XEF4' 1r 6 September 22, 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 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 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 09/22/2023 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: https: //www.fws. gov/sites/default/files/documents/endangered-species-consultation- handbook.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/program/migratory-bird-permit/what- we-do. 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/library/collections/threats-birds. 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/partner/council-conservation- migratory-birds. 09/22/2023 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List ■ USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles ■ Migratory Birds 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 09/22/2023 4 PROJECT SUMMARY Project Code: 2023-0132190 Project Name: Hardy Graham Project Type: Residential Construction Project Description: Residential Subdivision Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)34.68423085,-77.62200558547589,14z Lillie 5_ Counties: Onslow County, North Carolina 09/22/2023 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 STATUS Endangered Proposed Endangered 09/22/2023 NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus rufa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 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:Hecos.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 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 STATUS Candidate 09/22/2023 FLOWERING PLANTS NAME Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 STATUS Endangered Golden Sedge Carex lutea 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/6025 Pondberry Lindera melissi folia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1279 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) 09/22/2023 THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Actl 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) 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 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 15 Regions (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Sep 10 USA 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 the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) 09/22/2023 W Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season ( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC BNuthach CC tBCRed — — — — ---' III IIII IIII IIII — — — — — — — — — — — — — — — — — — — — Prairie Warbler BCC Rangewide (CON) Prothonotary Warbler BCC Rangewide (CON) Woodpecker — — — — — — — — — — — — — — — - -III IIII IIII IIII II-- BCC Rangewide (CON) Additional information can be found using the following links: ■ Eagle Management https://www.fws.gov/program/eagle-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librarr�/ collections/avoiding-and-minimizing-incidental-take-migratory • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/suPplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action 09/22/2023 10 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: John Perry Address: 3805 Wrightsville Ave #15 City: Wilmington State: NC Zip: 28403 Email john.perry@davey.com Phone: 9107872352 F7#i&Wlusurr XEF4' 1r 6 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: September 22, 2023 Project code: 2023-0132190 Project Name: Hardy Graham Federal Nexus: yes Federal Action Agency (if applicable): Subject: Technical assistance for'Hardy Graham' Dear John Perry: This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on September 22, 2023, for'Hardy Graham' (here forward, Project). This project has been assigned Project Code 2023-0132190 and all future correspondence should clearly reference this number. Please carefully review this letter. Your Endangered Species Act (Act) requirements are not complete. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species' determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid. Determination for the Northern Long -Eared Bat Based upon your IPaC submission and a standing analysis, your project is not reasonably certain to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. 09/22/2023 IPaC Record Locator: 698-132242352 2 Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: ■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) ■ Cooley's Meadowrue Thalictrum cooleyi Endangered • Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened ■ Golden Sedge Carex lutea Endangered • Green Sea Turtle Chelonia mydas Threatened ■ Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered ■ Leatherback Sea Turtle Dermochelys coriacea Endangered ■ Loggerhead Sea Turtle Caretta caretta Threatened ■ Monarch Butterfly Danaus plexippus Candidate ■ Piping Plover Charadrius melodus Threatened ■ Pondberry Lindera melissi folia Endangered ■ Red Knot Calidris canutus rufa Threatened • Red -cockaded Woodpecker Picoides borealis Endangered • Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered ■ Tricolored Bat Perimyotis sub flavus Proposed Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. Note that if a new species is listed that may be affected by the identified action before it is complete, additional review is recommended to ensure compliance with the Endangered Species Act. Next Step Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds, permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal representative. Therefore, the ESA consultation status is incomplete and no project activities should occur until consultation between the Service and the Federal action agency (or designated non-federal representative), is completed. As the federal agency or designated non-federal representative deems appropriate, they should submit their determination of effects to the Service by doing the following. 1. Log into IPaC using an agency email account and click on My Projects, click "Search by record locator" to find this Project using 698-132242352. (Alternatively, the originator of the project in IPaC can add the agency representative to the project by using the Add Member button on the project home page.) 09/22/2023 IPaC Record Locator: 698-132242352 3 2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to ensure that they are accurate. 3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to a concurrence letter. Download the concurrence letter for your files if needed. If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place before project implements any changes which are final or commits additional resources. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2023-0132190 associated with this Project. 09/22/2023 IPaC Record Locator: 698-132242352 4 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Hardy Graham 2. Description The following description was provided for the project'Hardy Graham': Residential Subdivision The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/034.68423085,-77.62200558547589,14z 09/22/2023 IPaC Record Locator: 698-132242352 DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis septentrionalis). QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. Your project overlaps with an area where northern long-eared bats may be present year- round. Time -of -year restrictions may not be appropriate for your project due to bats being active all year. Do you understand that your project may impact bats at any time during the year and time - of -year restrictions may not apply to your project? Yes 3. Do you have post -white nose syndrome occurrence data that indicates that northern long- eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 4. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 09/22/2023 IPaC Record Locator: 698-132242352 6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 7. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only. No 8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No 10. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action. If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer "No" below and continue through the key. If you have determined that the northern long-eared bat does not occur in your project's action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a "no effect" determination for the northern long-eared bat. Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, please answer "No" and continue through the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS would be required if your action may affect another listed species or critical habitat. The definition of Effects of the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key selected -definitions No 09/22/2023 IPaC Record Locator: 698-132242352 11. Your project overlaps with an area where northern long-eared bats may be present year- round. Is suitable northern long-eared bat habitat present within 1000 feet of project activities? Yes 12. Will the action cause effects to a bridge? No 13. Will the action result in effects to a culvert or tunnel? No 14. Does the action include the intentional exclusion of northern long-eared bats from a building or structure? Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming bats, it should be done according to established standards. If your action includes bat exclusion and you are unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in structures No 15. Does the action involve removal, modification, or maintenance of a human -made structure (barn, house, or other building) known or suspected to contain roosting bats? No 16. Will the action cause construction of one or more new roads open to the public? For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.). Yes 17. Will any new road go through any area of contiguous forest that is greater than or equal to 10 acres in total extent? Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres. No 09/22/2023 IPaC Record Locator: 698-132242352 8 18. Will any new road pass between two patches of contiguous forest that are each greater than or equal to 10 acres in extent and are separated by less than 1,000 feet? Northern long- eared bats may cross a road by flying between forest patches that are up to 1,000 feet apart. Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by less than 1,000 feet of non -forested area if the forested patches, added together, comprise at least 10 acres. Yes 19. For every 1,000 feet of new road that crosses between contiguous forest patches, will there be at least one place where bats could cross the road corridor by flying less than 33 feet (10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road surface? Yes 20. Will the proposed action involve the creation of a new water -borne contaminant source (e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)? No 21. Will the proposed action involve the creation of a new point source discharge from a facility other than a water treatment plant or storm water system? No 22. Will the action include drilling or blasting? No 23. Will the action involve military training (e.g., smoke operations, obscurant operations, exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)? No 24. Will the proposed action involve the use of herbicides or pesticides other than herbicides (e.g., fungicides, insecticides, or rodenticides)? No 25. Will the action include or cause activities that are reasonably certain to cause chronic nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise is noise that is continuous or occurs repeatedly again and again for a long time. Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at: hgps://www. fws. gov/media/northem-long-eared-bat-assisted-determination-key-selected-definitions No 26. Does the action include, or is it reasonably certain to cause, the use of artificial lighting within 1000 feet of suitable northern long-eared bat roosting habitat? Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at: https://www. fws. gov/media/northem-long-eared-bat-assisted-determination-key-selected-definitions Yes 09/22/2023 IPaC Record Locator: 698-132242352 27. Will the action use only downward -facing, full cut-off lens lights (with same intensity or less for replacement lighting) when installing new or replacing existing permanent lights? Or for those transportation agencies using the Backlight, Uplight, Glare (BUG) system developed by the Illuminating Engineering Society, will all three ratings (backlight, uplight, and glare) be as close to zero as is possible, with a priority of "uplight" of 0? No 28. Will the proposed action result in the cutting or other means of knocking down, bringing down, or trimming of any trees suitable for northern long-eared bat roosting? Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities. Yes 09/22/2023 IPaC Record Locator: 698-132242352 10 PROJECT QUESTIONNAIRE Enter the extent of the action area (in acres) from which trees will be removed - round up to the nearest tenth of an acre. For this question, include the entire area where tree removal will take place, even if some live or dead trees will be left standing. 10 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and- staging-areas 10 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates- swarming-and-staging-areas 10 Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at breast height, dbh) be cut, knocked, or brought down from any portion of the action area greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre. Yes Enter the extent of the action area (in acres) from which all potential NLEB roost trees will be removed. If all NLEB roost trees will be removed from multiple areas, entire the total extent of those areas. Round up to the nearest tenth of an acre. 10 For the area from which all potential northern long-eared bat (NLEB) roost trees will be removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are removed will be developed or otherwise converted to non -forest for the foreseeable future. 0 Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought down? Yes Will all project activities by completed by April 1, 2024? No 09/22/2023 IPaC Record Locator: 698-132242352 11 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: John Perry Address: 3805 Wrightsville Ave #15 City: Wilmington State: NC Zip: 28403 Email john.perry@davey.com Phone: 9107872352