Loading...
HomeMy WebLinkAbout20231434 Ver 1_George Street Extension_Cover Letter and Attachments_Final_2023101940 WithersRavenel NOOur People. Your Success. October 19, 2023 US Army Corps of Engineers Washington Regulatory Field Office Mr. Thomas Charles 2407 West Fifth Street NC -Division of Water Resources 401 & Buffer Permitting Unit Ms. Stephanie Goss 1617 Mail Service Center Washington, NC 27889 Raleigh, NC 27699 Re: George Street Extension - NWP 14 PCN Submittal Beaufort, Carteret County USACE AID: SAW-2016-00147 WR Project #23-0442 Dear Mr. Charles and Ms. Goss, On behalf of the Town of Beaufort, we are requesting authorization from the USACE to use NWP 14 for 0.003 ac (33 If) of permanent jurisdictional ditch impacts for the extension of George Street in Beaufort, Carteret County. The proposed project does not meet conditions requiring written authorization from NCDWR under WQC #4246. Specifically, there are no stream impacts or buffer impacts associated with this project. Therefore, a pre -filing meeting request submittal is not required, and this application is being provided to NCDWR as a courtesy only because written authorization from NCDWR is not required. The proposed total permanent impacts to the jurisdictional ditch is 0.003 acres and therefore is eligible for authorization under NWP 14. The proposed project is approximately ±.07 acres in size and is located east of the terminus of George Street (Lat: 34.722562°N; Long:-76.645233°W), east of the intersection of George Street and Sherwood Boulevard in Beaufort in Carteret County. The project is in the White Oak River basin and onsite waters drain to Town Creek. The Water Quality Classification for Town Creek is: SC, and the Stream Index Number is: 21-33. The hydrologic unit code for the site is 03020301. Proposed Project The purpose of the proposed project is to construct the extension of George Street to make it a fully functional road by providing a connection from Live Oak Street to the recently constructed Pine View Boulevard. The project consists of the construction of a ±85 If section of road which will provide the connection between the eastern terminus of the existing George Street and the portion of George Street being constructed as part of the Beaufort East Village project (AID: SAW-2016-00147) which will extend to Pine View Boulevard. Once the connection is complete, George Street will provide alternate access to Live Oak Street. The extension of George Street will alleviate traffic in several intersections along Live Oak Street including 3rd Street and 219 Station Road, Suite 1011 Wilmington, NC 28405 t: 910.256.9277 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington George Street Extension - NWP 14 40 WithersRavenel Beaufort, Carteret Co. .. Our Pccp'.e. YourSuccess_ Fairview Drive intersections. This alternate access to Live Oak Street will allow southbound and northbound travelers to avoid the intersections at Live Oak Street and V Street, and Fairview Drive, thereby reducing traffic volume at these already congested intersections. The proposed road will extend through an existing jurisdictional ditch. An existing 36-inch RCP culvert will be replaced by two 30-inch RCP culverts within the road which will provide a hydrologic connection and convey flow and aquatic life passage between the jurisdictional ditch on both sides of the road. The culverts will be installed a minimum of 20% of the culvert diameter below the substrate to ensure continued flow during periods of low water levels and provide aquatic life passage. Headwalls will be constructed on both ends of the culvert to stabilize fill and minimize impacts. Rip -rap will be installed at each end of the culvert in order to dissipate energy and prevent erosion within the jurisdictional ditch. Project History Davey Resource Group, Inc completed a wetland delineation for the Beaufort East Village project which encompasses the George Street Extension project area. A combined Preliminary Jurisdictional Determination/Approved Jurisdictional Determination letter from the USACE was issued on 9/9/2022 (SAW-2016-00147). A copy of the USACE combined Preliminary Jurisdictional Determination/Approved Jurisdictional Determination letter has been provided as an attachment. Proposed Impacts The proposed impacts are necessary for construction of a perpendicular road crossing. Permanent impacts will occur from installation of the dual 49-ft long x 30-inch RCP culverts and riprap dissipator. Proposed Impact Table Impact Area Feature Type of Impact LF SF AC Jurisdictional Ditch Permanent 33 130 0.003 The proposed jurisdictional ditch impacts are necessary to construct a culverted road crossing (Road R004) for the extension of George Street to make it a fully functional road by providing a connection to the development of Beaufort East Village east of the project. The road has been designed to cross the jurisdictional ditch perpendicularly with dual 49-ft long x 30-inch RCP culvert beneath the road, which will result in 0.003 acres (33 If) of permanent jurisdictional ditch impacts. Riprap dissipators will be installed on each end of the culvert. The riprap is necessary to prevent erosion of the ditch from drainage from the adjacent developed parcels and new construction that will have high flow velocity during storm events. The riprap will be installed by burying the Page 2 of 4 George Street Extension - NWP 14 :: WithersRavenel Beaufort, Carteret Co. Our People. Your success. riprap such that the top of the riprap matches the pre -construction contours of the ditch, allowing for the passage of aquatic life. The construction of the culvert will be scheduled during a period with no forecasted rain. The ditch banks will be stabilized with biodegradable matting and seeded with rye grass to provide temporary stabilization until natural regeneration of native vegetation permanently stabilizes the banks. Avoidance and Minimization Prior to site plan design, a detailed site delineation was conducted by Davey Resource Group, Inc so that impacts to resources could be minimized. Impacts have been minimized to only those necessary for a road crossing to access Pine View Boulevard and the Beaufort East Village east of the project. The road crossing has been designed to cross the jurisdictional ditch at a perpendicular angle at a straight segment of the jurisdictional ditch. Additionally, head walls will be used to stabilize road fill rather than traditional backslopes. The proposed culvert will be placed where an existing culvert is located, minimizing new impacts. Riprap will be installed at each end of the road culvert will be constructed such that the riprap will be installed by burying the riprap such that the top of the riprap matches the pre - construction contours of the natural jurisdictional ditch bed, allowing for the passage of aquatic life and preventing a loss of function of this section of jurisdictional ditch. Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction activities and construction access occurring in high ground. Please feel free to call if you have questions or require additional information to complete your review. Sincerely, WithersRavenel Rick Trone Environmental Scientist Page 3 of 4 George Street Extension - NWP 14 Beaufort, Carteret Co. Attachments: • PCN Form • Agent Authorization Form • USGS Quads • Carteret County Soil Survey • Aerial Photo • Photo Documentation • Beaufort East Village USACE Signed AJD/PJD Letter • NCNHP Project Review Letter • USFWS IPaC Species List • Impact Exhibits ::WithersRavenel ❑ur People. Your Success. Page 4 of 4 1/ WithersRavenel 1 / Our People. Your Success. AGENT AUTHORIZATION -■ WithersRavenel '. Our People. Your Success, AUTHORITY FOR APPOINTMENT OF AGENT The undersigned Municipality, Town of Beaufort (Client) does hereby appoint WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the George Street Extension Project in Beaufort, Carteret County& North Carolina _ The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Date: August 24, 2023 Agent's Name, Address & Telephone: Signature of Client: WithersRavenel, Inc. _ 115 MacKenan Drive Cary. NC 27511 Tel. (919)-469-3340 Mailing Address Beaufort, NC 28516 City State Zip Phone: (252) 528-8768 Email: t.clark@beaufortnc.org 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 E f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington ::WithersRavenel Our People. Your Success. USGS QUADS GRAPHIC SCALE - 70 0 1000 2000 PURIFpy 130t R�AR�Rp 1 inch = 2000 ft. DR r Gab( Cy'eek 1303 Michael J- Smith Field . 70 Bus1i WLAND p y yZ 08 pbs i 4 PROJECT AREA _ -. gY�Ep ptllNt R r , 1170 „` BEAUFORT R8 Stee 00 Pines Fork f% C��ek FAIRY DR l-� • r ttVICT l If-- Davis y� Qa eafo Buy -- Carteret -vunt P A,1310 �„� - +-' courthouge tidy fi gyfiT 0�J, p rr - � ❑� B auto -tying •RestOr,0000,l6h '� — }� _ ,eFREEDOIM PARK RD nd Grons` Sj ud --�� 131x -J a Ocean . a� Attu ST rp� I •_l LENNQXVlCLE RD RD J endkville hY1LLE$T Carrot �eaufat't ��rd Shoal Is lat?r� K! __ Tuil!>r C Channel Channel - 4 �� i a Carrot Carrot Island t _ island Horse (stand � A6 -L V I C Passenger Ferry Trl I I GEORGE STREET EXTENSION USGS (2022) - BEAUFORT 10 WithersRavenet Engineers I Planners I Surveyors BEAUFORT CARTERET COUNTY NORTH CAROLINA - GRAPHIC SCALE o zso soo 0� 1 inch = 500 ft. peep \ es -Fork mw� i ��' PROJECT AREA rt rw - i _ JJ r � J � IIGEORGE STREET EXTENSION III USGS (2022) - BEAUFORT IEngineers Planners Surveyors II a� WithersRavenet II BEAUFORT CARTERET COUNTY NORTH CAROLINA ::WithersRavenel Our People. Your Success. CARTERET CO. SOIL SURVEY qpwplW � GRAPHIC SCALE # I 0 250 500 1 inch = 500 ft. A g �' r r - pop AaA PS- 1 (T1 • Ste Pin ;E t - " 13• PROJECT AREA - i(A T m 1 .0 , StA'- AnA z r M I . GEORGE STREET EXTENSION CARTERET CO. SOIL SURVEY (1987) - SHEET 20 10 Engineers I Planners I Surveyors WithersRavenet BEAUFORT CARTERET COUNTY NORTH CAROLINA ::WithersRavenel Our People. Your Success. AERIAL PHOTO E STREET 0 PROJECT AREA oll- GRAPHIC SCALE 0 25 50 1 inch = 50 ft. 0 ' r A 1 • GEORGE STREET EXTENSION AERIAL (2022) 10 WithersRavenel Engineers I Planners I Surveyors BEAUFORT CARTERET COUNTY NORTH CAROLINA ll ■■ WithersRavenel lipp Our People. Your Success. PHOTO DOCUMENTATION ■■ WithersRavenel ,. Our People. Your Success. George Street Extension - Beaufort, Carteret County Photographic Documentation-10/19/2023 Photo 1: View of typical conditions of the jurisdictional ditch within the project area, facing south. ,d 1V. ..A 1 ,:b.: ��'• \{r� H4$ fro: �5 .. Photo 2: Additional view of typical conditions within the jurisdictional ditch, facing north. 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington ::WithersRavenel Our People. Your Success. Photo 3: Additional view of typical conditions within the jurisdictional ditch, facing downstream. Photo 4: View of the conditions of the existing culvert in the jurisdictional ditch. Page 2 of 3 ::WithersRavenel Our People. Your Success. Photo 5: Additional view of the conditions of the existing culvert in the jurisdictional ditch. Page 3 of 3 ::WithersRavenel Our People. Your Success. BEAUFORT EAST VILLAGE USACE SIGNED PJ D/AJ D LETTER CAI D:SAW-2016-00147) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2016-00147 County: Carteret County NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Address: Telephone Number: Blue Treasure, LLC Attn: Karl Blackley/Tim Smith PO. Box 3557 Cary, NC 27519 919-481-3000 Size (acres) 176.2 Nearest Town Beauford Nearest Waterway Turner Creek River Basin White Oak USGS HUC 03020301 Coordinates: Latitude: 34.719158 Longitude:-76.639809 Location description: The Property near Lennoxville Road consists of 136 Parcel IDs (see attached) and is approximately 176.2 acres, Carteret County. Indicate Which of the Following Apply: A. Preliminary Determination There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. X There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since thewaters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction 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 of the U.S., including wetlands, on your property delineated. As the Corps may not be able to Page 1 of 2 SAW-2016-00147 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 X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed five years from the date of this notification. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Thomas Charles at (910) 251-4101 or thomas.p.charles(&usace.armv.mil. C. Basis For Determination: See AJD Renewal D. Remarks: The project area exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement. This determination is based on information submitted on 3/29/2022 by Davey Resource Group, Inc. and a desktop review & Thomas Charles on 9/6/2022 This determination is only for Section 401/404 Delineation Preliminary Sketch (AJD Reference), Approximate 176.20Acre, Beau Coast Carteret County, NCDRGNCW22.110, Dated, 2/24/22 SAW-2016-00147 E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers 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 11/10/2022.It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date of JD: 9/9/2022 Expiration Date: 9/9/2027 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 l�r .00ps.usace.army.mil/customer-service-survey. Copy Furnished: Corey Novak, PWS Senior Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 731617111934000 730620802188000 730508991772000 731617111352000 730508989963000 730508991792000 731617110047000 730508989859000 730508992711000 731617101526000 730507794405000 730508992751000 731617018091000 730508796926000 730619615640000 731617017286000 730508894855000 730620805131000 731617006759000 730508895751000 730620805109000 731617111104000 730508895807000 730620719375000 731617103951000 730508895905000 730620805231000 731617112457000 730508897751000 730620805291000 731617105481000 730508894751000 730620805143000 731617104638000 730508896771000 730620900126000 731617102606000 730508897791000 730620902111000 731617100567000 730508898865000 731505096583000 731617019072000 730508899668000 731505097509000 731617018862000 730508895867000 731505097625000 731617015383000 730508896791000 730620805027000 731617006993000 730508894771000 730620805261000 731617006876000 730508894791000 730620806242000 731617004728000 730508894877000 731505096479000 731617102706000 730508895791000 731505096581000 731617019701000 730508896731000 731505097614000 731617017619000 730508896751000 731505097628000 731617015264000 730508897904000 731505191248000 731617015045000 730508898827000 731505192586000 731617111491000 730508899867000 731505190461000 731617111223000 730508993791000 731505191665000 731617110501000 730508895731000 731505192598000 731617100507000 730508896711000 731505190485000 731617019652000 730508897731000 731505191374000 731617017168000 730508898711000 731505191398000 731617004785000 730508898731000 731505193623000 731617111642000 730508992731000 731505190497000 731617104737000 730508992771000 731505191351000 731617102950000 730508993711000 731505191418000 731617019333000 730508993771000 731505190473000 731617018001000 730508993731000 731505193509000 731617015155000 730608805011000 731605005458000 731617005436000 730608805024000 731505096595000 731617004975000 730508993751000 731505097612000 731617004429000 730508895711000 731505191225000 731617017012000 730508895837000 731505191237000 730620803332000 730508895918000 731505191386000 730620802173000 730608806071000 731505193611000 730620802363000 730508897771000 730620802301000 730508897897000 �.. it NOTE: This is not a survey. All boundaries and distances are considered �r `r.^' ;'" - { approximate. This represents a preliminary sketch prepared from field - ► x. ��.:, o p notes. This sketch has been prepared using survey data from an expired Jurisdictional Determination. Review and approval by the U.S. Army Corps of Engineers is recommended prior to specific site planning.41 �► Mom.- '• - rM r 1- :. _ _-- •, ti i. _ ° � kF^ s ,ley h r �F P3 DP " e • .."� } ` =:t. :.... n - tlr ra'✓ - y tl 'v a?�NtR-i>,t 61 Mai , � � • �' rg� _ _ .. e� +�� o� ' � •ram#rE - - - - ' ..� . r;e, 'T.;�r',�yf',sT h 6 .::,�.. 4, � ".x'.�*: - _ �. • � „� .y�•�-,y +�,. ��' J—C7'�- �� M1`I�! kl � �. �,x' ."�-' • f' ry� `.x,�''r�. v .�k+ '�{ ��R� , s ! .'; � • tip: � �; .... - �.' • err R • ., r. " - - ; = r Legend ^use °, ,f� ��.. - - '•}.`_{•!.• it -,y;:-•. r.. -e`r •DP2�� l� • - � � Project Area 176 2 ac apt o•e w _ .x 1 ;u # P... .... '�.�• e'!� _. �,► -..4 Uplands -138.3 ac 78°/ 404 Wetlands -28.8 ac (16 /°) ,: �# r� a, ■. _ -' is a4� I 'i K� �T . ""� ` '' -�' 'F '": �^ C Non-404 Wetlands No SN —3.2 ac 2°/ Pq -swr. i•re."'.'�' 'elk �.�^3-ar s`. Waters of the US Stream -390 LF _ �, ^:�_ •� t� � �, "� . __.� �= h: ,� r ; � �_ Waters of the US (Non -Stream) —3,770 LF L -� ;,� •�_ ... �1��.•,• � � �" ;��`� 41 `� � 'r ' •:� Permitted Impacts -0.4 ac (<1%) •' �' } _. eea. �-a ' �. L �� i � M. � ■ � A� tCr r A : `-l�yt .a � 6+ .y__- -� "h- -�- J .•:°�•--c.• �.�',y� ,� • ..'"- "` - Isolated Wetlands �0.3 ac 1 /° •1' .� lr� -M - _ t � 1 . a:• • _ :4P �- �lt •K �--' .�- !'�'. ,'F'y ' ];� p.^� - c y�r� � c ) F" - " ,._-+� �� ■r ;�, ti" �° = ^+ - , _ Non -Jurisdictional Pond -5.2 ac 3% • �_ -'i•'. .� '� it !rr - r, "'R .,..��„ Y,,L�" `�- - .� +. �� _.,� _'� L� -_�; +- r = ••••• Non -Jurisdictional Ditch —1,190 LF L:\Wetlands\2022 Wetlands Files\DRGNCW22.110\Maps Boundaries are approximate and not meant to be absolute. Map Source: 2020 NC OneMap N 0 250 500 1,000 ft Scale applies to 11X17" print. SAW-2016-00147 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND MAL REQUEST FOR APPEAL pplicant: Blue Treasure, LLC File Number: SAW-2016-00147 Date: 9/9/2022 ttn.: Karl Blackle /Tim Smith Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hiip://www.usace.army.miVMissions/CivilWorks/Re ug latoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. SAW-2016-00147 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL 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/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, MR. PHILIP A. SHANNIN Attn: ADMINISTRATIVE APPEAL REVIEW OFFICER 69 Darlington Ave CESAD-PDS-O Wilmington, NC 28403 60 FORSYTH STREET SOUTHWEST, FLOOR M9 ATLANTA, GEORGIA 30303-8803 PHONE: (404) 562-5136; FAX (404) 562-5138 EMAIL: PHILIP.A.SHANNINgUSACE.ARMY.MIL RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportuni to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Thomas Charles, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Floor M9, Atlanta, GA 30303-8803 Phone: (404) 562-5136; EMAIL: PHILIP.A.SHANNINgUSACE.ARMY.MIL ::WithersRavenel Our People. Your Success. NCNHP PROJECT REVIEW LETTER Roy Cooper, Governor 0■ ■■, INC DEPARTMENT OF ■ ■ ■■u■■ NATURAL AND CULTURAL RESOURCES ■ ■■■ October 10, 2023 Troy Beasley Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 RE: George Street Extension; 23-0442 Dear Troy Beasley: D. Reid Wilson, Secretary Micky Buchanan Deputy Director, Natural Heritage Program N CN H D E-23582 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.heritaae(a)dncr.nc.aov. Sincerely, NC Natural Heritage Program DEPAR71MEN7 OF NATURAL AND CULTURAL RESOURCES fl 121 W. JONES STREET, RALEIGH. NC 27603 • 16S1 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 George Street Extension Project No. 23-0442 October 10, 2023 NCNHDE-23582 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Namen Common Name Last Element Accuracy Federal State Global State Group I Observation Occurrence Status Status Rank Rank AL Date Rank Amphibian 37395 Anaxyrus quercicus Oak Toad No Date H 4-Low --- Significantly G5 S2 Rare Bird 40183 Ammospiza caudacuta Saltmarsh Sparrow 2017-12-04 E 3-Medium --- Significantly G2 SUB,S2 Rare N Bird 10588 Passerina ciris Painted Bunting 2022-08-10 AB 3-Medium --- Special G5 S2B Concern Butterfly 14658 Atrytonopsis quinteri Crystal Skipper 2015-04-21 B? 2-High --- Significantly G1 S1 Rare Dragonfly or 32036 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2? Damselfly Low Rare Dragonfly or 33787 Triacanthagyna trifida Phantom Darner 2004-Pre H? 5-Very --- Significantly G5 SH Damselfly Low Rare Freshwater Fish38939 Acipenser oxyrinchus Atlantic Sturgeon 2004-11-28 E 4-Low Endangered Endangered G3T3 S2 oxyrinchus Natural 32942 Brackish Marsh (Salt --- 2012-05-03 C 3-Medium --- --- G4G5 S4 Community Meadow Cordgrass Subtype) Natural 5812 Marsh Hammock --- 2012-05-03 C 3-Medium --- --- G3? S2 Community Natural 32939 Salt Flat --- 2012-05-03 C 3-Medium --- --- G5 S4 Community Natural 4733 Salt Marsh (Carolinian --- 2012-05-03 C 2-High --- --- G5 S4 Community Subtype) Natural 32943 Salt Shrub (Low --- IN 3-Medium --- --- G4 S4? Community Subtype) Reptile 15254 Malaclemys terrapin Diamondback Terrapin 2022-05-15 B 3-Medium --- Special G4 S3 Concern Reptile 37850 Sistrurus miliarius Carolina Pigmy 2022-09-05 E 3-Medium --- Special G5T4T S2 miliarius Rattlesnake Concern 5 Page 2 of 4 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Representational Rating Rachel Carson Estuarine Research Reserve R2 (Very High) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area ame owner Carteret County Open Space Carteret County Carteret County Open Space - Town Creek Boat Carteret County Ramps NC Department of Transportation Mitigation Site Rachel Carson Component of the North Carolina National Estuarine Research Reserve Town of Beaufort Open Space Town of Beaufort Open Space Town of Beaufort Open Space Town of Beaufort Open Space Town of Beaufort Open Space Town of Beaufort Open Space Town of Beaufort Open Space Town of Beaufort Open Space Town of Beaufort Open Space USFWS Critical Habitat - Piping Plover Rachel Carson Component of the North Carolina National Estuarine Research Reserve Dedicated Nature Preserve NC Department of Transportation NC DEQ, Division of Coastal Management Town of Beaufort Town of Beaufort Town of Beaufort Town of Beaufort Town of Beaufort Town of Beaufort Town of Beaufort Town of Beaufort Town of Beaufort US Fish and Wildlife Service NC DNCR, Natural Heritage Program Collective Rating Cl (Exceptional) Owner Type Local Government Local Government State State Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government Local Government Federal State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on October 10, 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 3 of 4 October 10, 2023 ® NHP Natural Area (NHNA) ® Managed Area (MAREA) Q Buffered Project Boundary Q Project Boundary NCNHDE-23582: George Street Extension 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 4 of 4 ::WithersRavenel Our People. Your Success. USFWS IPaC SPECIES LIST (f � *_.- United States Department of the Interior FISH AND WILDLIFE SERVICE 0'R 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: 2024-0003075 Project Name: George Street Extension Frwi�wunuPe �4' N'• 6 October 10, 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 10/10/2023 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. 10/10/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List ■ USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles ■ Migratory Birds ■ Marine Mammals 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 10/10/2023 4 PROJECT SUMMARY Project Code: 2024-0003075 Project Name: George Street Extension Project Type: Culvert Repair/Replacement/Maintenance Project Description: George Street, Beaufort, NC Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)34.7225925,-76,64525472525052,14z Counties: Carteret County, North Carolina 10/10/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10515 West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location does not overlap the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https:Hecos.fws.gov/ecp/species/4469 STATUS Endangered Proposed Endangered Threatened 10/10/2023 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 10/10/2023 FLOWERING PLANTS NAME STATUS Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 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 Act1 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) There are bald and/or golden eagles in your project area. 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. 10/10/2023 M. 1\/ALTA IM Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 PROBABILITY OF PRESENCE SUMMARY Breeds Sep 1 to Jul 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read 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 (■) 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 JIIA++N FEB++II MAR 1APR+ }}MAY JUN JU}}L iAUG* IUSEP OCT �iNOV****DE++C Bald EagleT*� **iiU!MAJ ■111 J6 i■lTT1 jiljjlM 4;�Z ■* j Non -BCC Vulnerable Mm4 ��� Additional information can be found using the following links: • Eagle Managment https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library—/ collections/avoiding-and-minimizing-incidental-take-migratory-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf 10/10/2023 • 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 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Acti 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. BREEDING NAME SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 American Oystercatcher Haematopus palliates Breeds Apr 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. hqps:Hecos.fws.gov/ecp/species/8935 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. hups:Hecos.fws.gov/ecp/species/1626 Black Skimmer Rynchops niger Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15 and Alaska. https:Hecos.fws.gov/ecp/species/5234 10/10/2023 10 NAME BREEDING SEASON Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9427 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. hlWs:Hecos.fws.gov/ecp/species/9406 Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. htWs:Hecos.fws.gov/ecp/species/10678 Gull -billed Tern Gelochelidon nilotica Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9501 King Rail Rallus elegans Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5 and Alaska. https://ecos.fws.gov/ecp/species/8936 Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. hqps:Hecos.fws.gov/ecp/species/9679 Marbled Godwit Limosa fedoa Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. htWs:Hecos.fws.gov/ecp/species/9481 Painted Bunting Passerina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15 (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9511 Pectoral Sandpiper Calidris melanotos Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9561 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. hqps:Hecos.fws.gov/ecp/species/9513 10/10/2023 11 NAME BREEDING SEASON 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. https://ecos.fws.gov/ecp/species/9439 Purple Sandpiper Calidris maritima Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. hlWs:Hecos.fws.gov/ecp/species/9574 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. htWs:Hecos.fws.gov/ecp/species/9398 Ruddy Turnstone Arenaria interpres morinella Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/10633 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 https://ecos.fws.gov/ecp/species/9478 Saltmarsh Sparrow Ammodramus caudacutus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5 and Alaska. hqps:Hecos.fws.gov/ecp/species/9719 Short -billed Dowitcher Limnodromus griseus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. htWs:Hecos.fws.gov/ecp/species/9480 Willet Tringa semipalmata Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5 and Alaska. https:Hecos.fws.gov/ecp/species/10669 Wilson's Plover Charadrius wilsonia Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20 and Alaska. https://ecos.fws.gov/ecp/species/9722 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. hqps:Hecos.fws.gov/ecp/species/9431 10/10/2023 12 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 (■) 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 y FEB MAR 1APiRl1 1M1A1Y1 JJUlN1l JUL l lA1UGG SSEiPli yOCT NOV DEC BCCri an Kestrel UP loll � I oo +* I I I TTT T I I I I +I` I I I I I T I T American Oystercatcher loop "$I loll loll s+o1 OTT loll ow +1+0 loll BCC Rangewide (CON) yy+y yy*y I 1y I y I yy I I I I 1111y+ I I yyyy yy++ ++ yy Bald Eagle TTTT �T I+�� TTTT ++�� TTT TT++ +TT■ +�+� TTT T�T� �TT+ Non -BCC Vulnerable Black Skimmer BCC Rangewide *O+* *++* O+ll 116 4111 +100 i*0111*1101101*0111* (CON) ■ ==== ==I Brown -headed Nuthatch I I I I I I Tt+ I01 +TTT *+++ AD *T+T *01 00*0 0A to$* lilt TT *T* BCC - BCR Chimney Swift BCC Rangewide I + TT+T +T+ 111I 1111 1111 IIP 1III loll I*y T + + TTT+ (CON) MWE 10/10/2023 13 aern Whip-poor- WillI I T I I I+ I +TT I T I I I I I I I I I I I I I T I T I I I I+ BCC Rangewide (CON) Gull billed Tern BCC Rangewide ++ +T +++ + +y +y++ IITI III' IITI yy Il yyyy y ++ TTTT + + ++++ (CON) King Rail BCC Rangewide ++++ ++++ ++++ ++++ 1111 ++++ T+++ +++11+++ ++++ ++++ ++++ (CON) + yy yyyy yy y yy yy yy yi Lesser Yellowlegs ++++ +j tt I +*o OTT+ ++++ +TT+ T+o+ +++* Ott ++T+ 44 T+T+ BCC Rangewide (CON) Marbled d BCC Rangewide ++++ ++++ ++off I Pot ++++ I I I I I I I 1 000 +1++ *+++ (CON) 1 yy Painted Bunting j j� j 4i* 04 411, 11111111 1il 14 111111111111 44 +**+ BCC - BCR TT T TT*T T SPECIES JAN FEB MAR APR MAY JUNI JUL AUG UG SSEP OCT NOV DEC Pectoral Sandpiper BCC Rangewide ++++ ++++ ++++ ++++ ++++ ++ I I I I I I W+ *+11 4 (CON) yi y y y Prairie Warbler ++y Ty+y ,��T III IITI + ��++ ++++ ++++ BCC Rangewide (CON) 1 yyyy Prothonotary ++++ ++++ ++++ 1111I ++I IIo* +TT+ ++++ 1111 Warbler BCC Rangewide (CON) Purple Sandpiper BCC Rangewide T (CON) Red-headed Woodpecker +++* +* ++o* 4*0 0+00 004 1+ii +11 i1+* 40 44 *000 BCC Rangewide (CON) urnstone BCC - BCR 11110001$111 IL I I Cell 100 ++IN 'I I I L Jill 111111111111 BCC Rusty Blackbird ++++ 04 BCC -BCR Saltmarsh Sparro BCC Rangewide w ++++ +T++ ++++ ++++ +;:: :::T 1+++ +++� +T++ T+++ (CON) Short -billed Dowitcher *+o* ** 00 +00+ *000 0++* W* W I I 1*0 0 Ill 1 l 1 l tt BCC Rangewide (CON) 10/10/2023 14 Willet BCC Rangewide (CON) Wilson's Plover BCC Rangewide (CON) III I I I I I I I II IIIL ==s= ==SS llll ld I I I I 1111111t ++++ ++++ +*10 HE UII IIII 111111*1 **+* **++ +*++ ++++ Wood Thrush BCC Rangewide ++++ ++++ ++++ ++*+ +III Iiii gill Illi +++* *+++ ++++ ++++ (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/library-/ collections/avoiding-and-minimizing-incidental-take-migrato y-birds ■ 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 MARINE MAMMALS Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act! and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 10/10/2023 15 1►/.A► ICI West Indian Manatee Trichechus manatus Species profile: https:Hecos.fws.gov/ecp/species/4469 10/10/2023 16 IPAC USER CONTACT INFORMATION Agency: WithersRavenel Name: Patrick Welsh Address: 115 MacKenan Drive City: Cary State: NC Zip: 27511 Email pwelsh@withersravenel.com Phone: 9194693340 ::WithersRavenel Our People. Your Success. DITCH IMPACT EXHIBIT J m O I LIJ GEORGE STREET (EXISTING 60' ROW) I I I I / / I I FAIRVIEW DRIVE (60' ROW) - - - ---------- - ------ T - - ----- I I 0 I II _Q I VICINITY MAP 1"=2000' r f SITE steep PineS Fprk j I IMPACT LEGEND ZPERMANENT IMPACTS L N X w 0 I > J W I I w l I I a I I I I I N W-� i� E S.... 0 40 80 SCALE: 1 inch = 80lit No. Revision Date BV Designer GBC Drawn By GBc Scale ASNOTED Date loiosre3 GEORGE STREET EXTENSION BEAUFORT CARTERET COUNTY NORTH CAROLINA OVERALL MAP �/ Withers Rave n e l g Y 1/ Engineers I Planners I Surveyors 115 MacKenan Drive I Cary, NC 27511 t: 919.469.33401 license n: F-14791 www.withersravenel.com sneer uo. 1 Checked By TB lob No. 230442 N/F MICHAEL LEE PRUDEN PIN:730619722358000 DB 1010 PG 29 M B 2 PG 201 LOT 1 _L — OHE 1W-- ter-- 0—��Hr= 4. — 6— — = 6— 6— — — 5 --I-W - W,T - —W I W I �— — GEORGE STREET (EXISTING 60' ROW) L + —i —7 � ' ` 6 — ��6-=� \ �► �� _7. , PERMANENT I I N/F WARREN B. MDEVITT, JR. D1A1. 70nL-1 0777-1 CLrVVI N/F EDWARD GRIMLEY, ETAL PIN:730619723366000 DB 1222 PG 488 MB2PG201 LOT 2 DITCH 1 JURISDICTIONAL RPW DITCH — 0HE N/F GEORGE C. ELLISON PIN:730619723148000 DB 546 PG 378 �I I I II I I II II I II j II TOE OF BANK T i PIN:730619725477000 \� DB 1293 PG 129 I I � I I� N/F BLUE TREASURE, LLC I �I PIN:730619725470000 DB 1293 PG 129 I I _ � I TOP OF BANK I I PROPOSED RIP RAP l I J — IPF / 8 — -_ g cn — co EXISTING 36" CMP _ T W _8 - W % W � EXISTING EOP < / PROPOSED 49 LF OF DUAL 30" RCP / �8 �� I ( I P F \ l� T(1P r)P RANK PROPOSED RIP I RAP I I I N/F I I BLUE TREASURE LLC I I I I I PIN:730619725269000 I I I I DB 1293 PG 129 I� II IMPACT LEGEND r PERMANENT IMPACTS 0 15 30 SCALE:1 inch = 30 ft. No. Revision Date I B Designer Scale III GBC ASNOTED I t a rS ave n e sneea ea. Drawn By GBC Date 10/05/23 GEORGE STREET EXTENSION IMPACT MAP 1/ Engineers I Planners I Surveyors 2 Checked By Job No. 115 MacKenan Drive I Cary, NC 27511 TB 230442 BEAUFORT CARTERET COUNTY NORTH CAROLINA t: 919.469.33401 license #: F-1479 I w wmithersravenel.com �j I I II I II I I N/F- GRIMLEY, ETAL I I I I i19723366000 I ?22 PG 488 I I I 2 PG 201 I I LOT 2 IIIII I II II I III ill II � I I� I — OHE I I I 1, l I 00 0 I I PROFILE 1 �- —8 '.— W 3— �W -F35-78 0 00 F— — �I0+00 10+37.4I I PROFILE 2 171 II I j I III II /F ELLISON I I It :. 1723148000 I -171 PG 378 IMPACT LEGEND PERMANENT IMPACTS EXISTING PROFILE-1 10 10 GRA DE 5 H 5 ROPOSED 30" RCP DOUBLE BARREL LVERT BURIED AT 20% OF DEPTH TO MAINTAIN TIC LIFE PASSAGE 0 0 LEAS P CU LEA AQUA EXISTIf AC a:Z07aI11W 10 10 1 G GRADE / 5 5 PROPOSED 30" RCP DOUBLE BARREL CULVERT BURIED AT .EAST 20% OF DEPTH TO MAINTAIN IUATIC LIFE PASSAGE 0 0 N W +� E P� s 0 15 30 SCALE:1 inch = 30 ft No. Revision Date I B Designer Is -le III ASNOTED snee�No. GEORGE STREET EXTENSION IMPACT MAP 1� in era avene Draw" By ace 10/05/23 Engineers I Planners r Surveyors 'f �j I Checked By Job No. 115 MacKenan Drive I Cary, NC 27511 L B ---- BEAUFORT CARTERET COUNTY NORTH CAROLINA t: 919.469.33401 license #: F-1479I w wmithersravenel.com N W +� E P� s 0 15 30 SCALE:1 inch = 30 ft No. Revision Date I B Designer Is -le III ASNOTED snee�No. GEORGE STREET EXTENSION IMPACT MAP 1� in era avene Draw" By ace 10/05/23 Engineers I Planners r Surveyors 'f �j I Checked By Job No. 115 MacKenan Drive I Cary, NC 27511 L B ---- BEAUFORT CARTERET COUNTY NORTH CAROLINA t: 919.469.33401 license #: F-1479I w wmithersravenel.com SCALE:1 inch = 30 ft No. Revision Date I B Designer Is -le III ASNOTED snee�No. GEORGE STREET EXTENSION IMPACT MAP 1� in era avene Draw" By ace 10/05/23 Engineers I Planners r Surveyors 'f �j I Checked By Job No. 115 MacKenan Drive I Cary, NC 27511 L B ---- BEAUFORT CARTERET COUNTY NORTH CAROLINA t: 919.469.33401 license #: F-1479I w wmithersravenel.com