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HomeMy WebLinkAbout20231556 Ver 1_Lane Farms_Attachments 11-12-23_20231112DAVEY#-. Resource Group TO: US Army Corps of Engineers 2407 W. 51h Street Washington, NC 27889 November 12, 2023 NC Division of Water Resources 943 Washington Square Mall Washington, NC 27889 RE: Lane Farms Subdivision; Pitt County, NC NWP 29 Application Action ID# SAW-2023-01235 To Whom It May Concern: On behalf of Jones & Smith Contractors, LLC, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments for Lane Farms Subdivision located in Grifton, NC. The purpose of the project is to construct a residential development to address the housing needs of the area. The project proposes to permanently impact 0.3 acre of open water (jurisdictional ditches) for overall site development. These ditches run through the center of the site and the applicant was not able to avoid them while still maintaining an economically viable project. Because the ditches are manmade and of low quality, no mitigation is proposed. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 LANE FARMS SUBDIVISION Pitt County, NC Action ID# SAW-2023-01235 PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 PRE -FILE REQUEST 3.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure S. Preliminary Wetlands Map (approved in field) Figure 6. Site Plan Showing Proposed Impacts 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List USFWS NLEB MANLAA Determination 1.0 AGENT AUTHORIZATION FORM Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Davey Resource Group to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for Lane Farms Subdivision located in Griffon, NC (Pitt County). All questions regarding this project should be directed to Davey Resource Group. Print Name Date Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 PRE -FILE REQUEST 10/17/23, 6:46 AM The Davey Tree Expert Company Mail - Lane Farms; Pitt County; Pre -File Request MEY Williams, Kim <kim.williams@davey.com> Lane Farms; Pitt County; Pre -File Request 1 message Williams, Kim <Kim.Williams@davey.com> To: 401 PreFile@deq.nc.gov Thu, Oct 12, 2023 at 8:35 AM Hello - We are working on a project for Jones and Smith Contractors to construct a residential development off N. Highland Blvd in Grifton, NC (Pitt County). The engineer is currently preparing a site plan and jurisdictional ditch impacts are anticipated. Applicant: Jones and Smith Contractors c/o Kenneth Smith & Barton Horne barton@jonesandsmithnc.com Site: Lane Farms S/D; Grifton NC (Pitt County) This email serves as our pre -filing meeting request. Thanks so much! Kim Kim Williams I Section Manager Davey Resource Group, Inc. Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403 DAVEY'S . Resource Group Visit our local office page https://mail.googIe.com/mail/u/0/?ik=5f499cd 1 a1 &view=pt&search=all&permthid=thread-a:r6602414047882012217%7Cmsg-a:rl8102176055238192... 1 /1 3.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure S. Preliminary Wetlands Map (approved in field) Figure 6. Site Plan Showing Proposed Impacts r /pArjea Fy rr Y �iait: l Lisa (-Ag4e swamp y ll am � h N 0 0.5 1 2 Boundaries are approximate and not meant to be absolute. Miles Map Source: World Street Map Lane Farms Pitt County, NC DAVEY Resource Group Figure 1. Map Date: 10/9/23 3805 Wrightsville Avenue Vicinity Map DRGNCW23.039 Wilmington, NC 28403 (910)452-0-0001 N Boundaries are approximate and not meant to be absolute. Map Source: USGS Topographic Mosaic for Pitt Co. 0 300 600 1,200 ft Lane Farms Pitt County, NC DAVEY Resource Group Figure 2. Map Date: 10/9/23 3805 Wrightsville Avenue Topographic Map DRGNCW23.039 Wilmington, NC 28403 (910)452-0-000101 WaB OcB WaB f i Ra Os Pg I j RaA77771 ' NrB 1 WaB / 1 OcB Pg Os _J RaA OcB ' Soils OcB: Ocilla loamy find sand, 0 to 10 percent slopes i Pg: Pantego loam, 0 to 2 percent slopes OcB Ra: Rains fine sandy loam, 0 to 2 percent slopes Pg Pg N 0 200 400 800 Boundaries are approximate and not meant to be absolute. ft Map Source: GIs Soils data for Pitt Co. Lane Farms Pitt County, NC DAVEY o Figure 3. Resource Group Map Date: 10/9/23 3805 Wrightsville Avenue Soils Map DRGNCW23.039 Wilmington, NC 28403 (910)452-0-0001 L:\Wetlands\2023\DRGNCW23.039\maps\Whaley tract updated sketch.mxd N 0 100 200 400 Boundaries are approximate and not meant to be absolute. ft Map Source: 2020 NC OneMap Scale applies to 11X17" print. Whaley Tract Pitt County, NC Map Date: 10/9/23 DRGNCW23.039 DAVEY Resource Group 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 Figure 5. Preliminary Wetland Map (Approved by USACE) b REGULATORY SIGN LEGEND STOP SIGN R1-1 STOP RED BACKGROUND WHITE BORDER m �I WHITE LETTERS s Z L- 30"x30" �0�� _ TRAFFIC CONTROL NOTES 1. ALL SITE SIGNAGE SHALL BE IN ACCORDANCE WITH THE MANUAL ON UNIFORM TRAFFIC pa CONTROL DEVICES (MUTCD) AND NCDOT STANDARDS. ETC 2. ALL SIGNS SHALL BE MOUNTED WITH 5-FT VERTICAL CLEARANCE TO THE BOTTOM OF THE L71 I LI SIGN ON 2-LB. GALV. STEEL U-CHANNEL POST SET IN 3-FT DEEP X 12" DIA. CONCRETE FOOTING. 3. ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH CITY OF WASHINGTON AND NCDOT STANDARDS AND SPECIFICATIONS. 35°25'22.4"N 4. ALL SIGNAGE SHALL BE FIELD STAKED AND THE LOCATIONS APPROVED BY CITY 77°2609 2"W INSPECTOR OR ENGINEER (WHERE APPROPRIATE) PRIOR TO SIGN INSTALLATION. 5. CONTRACTOR SHALL PROVIDE TRAFFIC CONTROL AS REQUIRED BY CITY. Vicinity Map SCALE: 1" = 1000' RO0 )xP CALL BEFORE YOU DIG! WWW.NC811.ORG N.C. ONE -CALL CENTER ITS THE LAW! GENERAL NOTES 1. ALL STREETS SHALL BE PUBLIC. 2. ALL UTILITIES SHALL BE UNDERGROUND. 3. EACH LOT SHALL BE SERVED BY TOWN OF GRIFTON PUBLIC WATER AND SEWER. 4. EROSION CONTROL MEASURES SHALL FOLLOW ALL PLANS AND SPECIFICATIONS OUTLINED IN THE APPROVED EROSION CONTROL PLAN. 5. CONSTRUCTION DRAWINGS SHALL BE APPROVED BY TOWN OF GRIFTON PRIOR TO CONSTRUCTION. 6. ROAD SIGNS SHALL BE APPROVED PRIOR TO INSTALLATION. 7. NCDOT DRIVEWAY PERMIT SHALL BE OBTAINED AS REQUIRED PRIOR TO CONSTRUCTION. 8. NCDWQ STORMWATER PERMIT SHALL BE OBTAINED PRIOR TO CONSTRUCTION. 9. ALL EASEMENTS AND RESTRICTIVE COVENANTS SHALL BE RECORDED PRIOR TO THE SALE OF ANY LOT. 10. THIS PROPERTY IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA AS DETERMINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). THIS PROPERTY IS LOCATED IN ZONE X, AS SHOWN ON FIRM PANEL NUMBERS 3720466000L) 11. PLEASE BE ADVISED OF THE RULES WHICH PROTECT AND MAINTAIN EXISTING BUFFERS ALONG WATERCOURSES IN THE NEUSE AND TAR/PAMLICO RIVER BASINS. THIS RULE IS ENFORCED BY THE DIVISION OF WATER QUALITY (DWQ). DIRECT ANY QUESTIONS ABOUT THE APPLICABILITY OF THIS RULE TO ROGER THORPE, REGIONAL WATER QUALITY SUPERVISOR, WASHINGTON REGIONAL OFFICE. (919) 946-6481 12. CONTRACTOR MUST NOTIFY ONE CALL CENTER, INC (NC ONE CALL) 1-800-632-4949 AT LEAST 72 HOURS PRIOR TO THE START OF EXCAVATION OR TRENCHING TO HAVE ALL UNDERGROUND UTILITIES LOCATED. I I C, C,, 18,844 SF 7 rn 13,394F / / \ a a 2� °_ / 14,278 SF CR 10,0 \`1 q 9.9�, ^ 22,237 SF o oy 50 J N ruvv yr r/Avruwruv i / 4' SHOULDER 20' 50' R/W 4, 8 FORE AV�SHOULDER S LOPE MENT WIDTH I I ° I 2.08% 2.08% 80 s l° i° �.1 SUBGRADE COMPACTED TO 98% STANDARD PROCTOR IN UPPER 12" AND EACH LAYER OF BACKFILL OR FILL MATERIAL. !:I - 1.5" S-9.5C PLACED IN \ SINGLE LIFT 6" COMPACTED AGGREGATE BASE COURSE (CABC) MODIFIED PROCTOR 98% COMP. STBC OR ABC TYPICAL ROAD CROSS-SECTION NOT TO SCALE - - - - - • Proposed Jurisdictional Ditch Impacts (0.30 ac) ...... Jurisdictional Ditches to Remain 2' DITCH 41/f/ R=25' EP_EP I - I 'TERRAIN MAX. SLOPE LEVEL 2:1 ROLLING 2:1 �50' R/W MOUNTAINOUS 1-1/2:1 R=35' -6'--5'--4'- SLOPE AS REQUIRED 0.08 31 g�_OPE SECTION AA NCDOT SYMMETRICAL CUL-DE-SAC DETAIL NO CURB AND GUTTER NO SCALE INSTALL TYPE III BARRICADE (MIN S FROM END OF PAVEMENT) NOTE: ADDITIONAL R/W MAY BE REQUIRED TO ACCOMMODATE TAPERS, TURN LANES, AND MEDIANS ISLANDS. ALSO DRAINAGE EASEMENTS MAY BE 20' EP-EP REQUIRED TO ACCOMMODATED DRAINAGE BEYOND THE R/W 50' MIN. TAPER (REQ. FOR WIDTH LESS THAN 26) 10' 1 SIGHT TRIANGLE / - 70 - 30' EI�-EP (TYp) MIN I R/W R/W - R=30' STOP I R=30' I - - - - - - - - - If P - - - - - - - - - EXISTING ROAD- - R/W - - R/W - - RECOMMENDED ROAD CONNECTION WITHOUT CURB & GUTTER NEW RESIDENTIAL LOCAL OR RESIDENTIAL COLLECTOR ROAD AND EXISTING STATE MAINTAINED ROAD NOT TO SCALE / / / / )EN WATER ►CT #2: 0.17 ac 123 LF x 4 FT) / 3 15,333 SF 1,663 SF PDT - PUMP STATION SITE SEE SHEET C3.60 Figure 6. Site Plan Showing Proposed Ditch Impacts 100' 0 50' 100' ft SCALE 1 inch = 100 SITE DATA PROJECT: LANE FARMS SUBDIVISION ENGINEER: RIVERS & ASSOCIATES, INC. 107 E. 2ND STREET GREENVILLE, NC 27858 252-752-4135 BRIAN KEITH EDWARDS, PE EMAIL: bedwards@riversandassociates.com DEVELOPER: JONES & SMITH CONTRACTORS, LLC KENNETH H. SMITH 112 W. FIRE TOWER RD WINTERVILLE, NC 28590 EMAIL: kenneth@jonesandsmithnc.com PHONE: 252-746-7628 PROPERTY AGENTS: KENNETH H. SMITH BARTON HHONE HENRY BAKER PARCEL 23254 NC PIN 4660-60-7893 OWNER: S AND S COMMUNITY PARTNERS LLC OWNER ADDRESS: 300 COTANCHE STREET GREENVILLE INC 27858 SITE ADDRESS: 6351 NORTH HIGHLAND BV DEED REFERENCE: DB203 PG47 33.87 AC EX. ZONING R-10 TOWNSHIP: GRIFTON PROPOSED USE: SINGLE-FAMILY RESIDENTIAL CURRENT LAND USE: VACANT SINGLE-FAMILY LOTS: 99 MINIMUM LOT SIZE REQUIRED: 10,000 SF MINIMUM LOT SIZE PROVIDED: 10,000 SF SETBACKS: FRONT: 30' CORNER: 20' SIDE: 10, REAR: 20' LOW DENSITY DEVELOPMENT CALCULATIONS SITE AREA: 33.87 AC (1,475,538± SF) ALLOWABLE BUA (24%): 0.24 x 1,475,538 SF = 357,129 SF PAVEMENT/ROADWAY BUA: 120,775 SF PUMP STATION: 2,700 SF OTHER BUA (KIOSK, ETC.): 5,000 SF ALLOWABLE BUA PER LOT: 2,309.5 SF (INCLUDES D/W) PROJECT SPECIFICATIONS ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE APPROVED SIGNED AND SEALED CONSTRUCTION DRAWINGS AND STATE APPROVED PROJECT UTILITY CONSTRUCTION SPECIFICATIONS. CONSTRUCTION SHALL FOLLOW THE AHJ SPECIFICATIONS, LATEST ADDITION AND REVISIONS. FOR WORK NOT COVERED BY PROJECT OR AHJ SPECIFICATIONS, THE NCDOT "STANDARD SPECIFICATIONS FOR ROADS AND STRUCTURES" LATEST EDITION AND REVISIONS, SHALL GOVERN. M U00 � W W W 0 y ; m0 z 61 6f O c U R s LU W LU W a U) Q c z U L cc Q O y J Q • O � O _ N U N -DLL � - o m � � Y � N m (� N LLCD � x z cnC-_ L O o 0) Ln li LU .OF > x co (3)m co � co (y) tr o) 56°6°V� vAR y/4OO ° S LPL - Oo O .1° ° 043152 ° o 0 ftft 6 %qN °°°° °°° °°Pao 0 K - E�16o°0 °OQQQaa000aaaa°°o 09/29/2023 REVISIONS: z 0 W U to W 01 01 z Z a W H N J J Q W i 0 DATE: SEPT. 29, 2023 DESIGNED BY: BE DRAWN BY: BE/EDN CHECKED BY: BE PROJECT No. 2022112 DRAWING No. W-4064 SCALE: AS SHOWN SHEET No C2.O1 Do Not Use For Construction - pRIEL0M0H152W D131WS0A@ THIS DRAWING IS ISSUED TO PROVIDE INFORMATION FOR PERMITTING 4.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List USFWS NLEB MANLAA Determination Roy Cooper, Governor ■o�,E NC DEPARTMENT OF ammo■ NATURAL AND CULTURAL RESOURCES ■a■■■ October 12, 2023 Kim Williams Davey Resource Group, Inc. 3805 Wrightsville Avenue Wilmington, NC 28403 RE: Whaley Dear Kim Williams: D. Reid Wilson, Secretary Misty Buchanan Deputy Dlrectarr, Natural Heritage Program NCNHDE-23613 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&dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPAR7MENT OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. PALEIGH_ NC 27603 • 1651 MAIL SERVICE CENTER, R.ALEIGH. NC 27699 OFC 919.74T,9120 • PAX 919.707.0121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Whaley October 12, 2023 NCNHDE-23613 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Nam ast � Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank AL A Date Rank A A A Amphibian 18289 Necturus lewisi Neuse River Waterdog 2014-01-13 AB 3-Medium Threatened Threatened G2 S2 Crustacean 39988 Faxonius carolinensis North Carolina Spiny 2019-07-10 E 3-Medium --- Special G3 S3 Crayfish Concern Dragonfly or 33766 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S1? Damselfly georgiana Low Rare Freshwater 39954 Lampsilis radiata Eastern Lampmussel 2019-07-10 E 3-Medium --- Threatened G5 S3 Bivalve No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Ty Archaeological Conservancy - Contentnea Creek Archaeological Conservancy Private Town of Grifton - St David Street Park Town of Grifton Local Government Town of Grifton Open Space Town of Grifton Local Government Town of Grifton Open Space Town of Grifton Local Government Town of Grifton Open Space Town of Grifton Local Government Town of Grifton Open Space Town of Grifton Local Government Town of Grifton Open Space Town of Grifton Local Government INC Hazard Mitigation Buyout Property - Grifton INC DPS, Division of Emergency State Management INC Hazard Mitigation Buyout Property - Grifton INC DPS, Division of Emergency State Management INC Hazard Mitigation Buyout Property - Grifton INC DPS, Division of Emergency State Management INC Hazard Mitigation Buyout Property - Grifton INC DPS, Division of Emergency State Management NC Hazard Mitigation Buyout Property - Grifton NC DPS, Division of Emergency State Management Page 2 of 4 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name wne Owner Ty USFWS Critical Habitat - Neuse River Waterdog US Fish and Wildlife Service Federal Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on October 12, 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 NCNHDE-23613: Whaley v a 0 F Ndnrandn Rd m eio G7r m tiy/ _rn po x z 68 ft .67 ft �a �74 ft 2 m m Fa F a r Riper Rd Z cc r� C ® B'Own Hodges N e Fd O W Ve Grifton �® 0 5� 0.28 0.55 sin 1.1 Miles S � October 12, 2023 Managed Area (MAREA) Q Buffered Project Boundary Q Project Boundary Sources: Esri, Airbus DS. USGS, NGA. NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodatastyrelsen, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community Sources: Esri, HERE, Garmin, FAO, NOAA, USGS. © OpenStreetMap contributors, and the GIS User Community Page 4of4 United States Department of the Interior FISH AND WILDLIFE SERVICE **_!'�c%% 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: 2024-0004432 Project Name: Whaley Tract October 12, 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 10/12/2023 2 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/defaultlfiles/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. 10/12/2023 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 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 10/12/2023 4 PROJECT SUMMARY Project Code: 2024-0004432 Project Name: Whaley Tract Project Type: Residential Construction Project Description: Residential Development Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)35.39070445,-77.43326789296326,14z V Is, T Counties: Pitt County, North Carolina 10/12/2023 5 ENDANGERED SPECIES ACT SPECIES There is a total of 6 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 Fisheriesl, 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. 11 G 11 11 _ NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 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) AMPHIBIANS NAME STATUS Neuse River Waterdog Necturus lewisi Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6772 10/12/2023 FISHES NAME STATUS Carolina Madtom Noturus furiosus Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/528 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 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 Eap-le Protection Act of 1940. 2. The Migratory Birds Treated 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. 10/12/2023 7 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 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. https:Hecos.fws.gov/ecp/species/1626 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 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle 1111 Non -BCC 1111 IN 11111111111111111111 Vulnerable Additional information can be found using the following links: ■ Eagle Managment https://www.fws.goy/program/eagle-management 10/12/2023 H. • 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 ■ 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 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 Treated 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 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. hqps://ecos.fws.gov/ecp/species/1626 Brown -headed Nuthatch Sitta pusilla This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (SCRs) in the continental USA htWs:Hecos.fws.gov/ecp/species/9427 Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https:Hecos.fws.gov/ecp/species/9406 BREEDING SEASON Breeds Sep 1 to Jul 31 Breeds Mar 1 to Jul 15 Breeds Mar 15 to Aug 25 10/12/2023 W NAMF. BREEDING SEASON 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. https://ecos.fws.gov/ecp/species/9513 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. hlWs://ecos.fws.gov/ecp/species/9439 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 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 FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle — — — — -- • — — . . — — . — . — . -- - -• -• -- - ----- 10/12/2023 10 Non -BCC Vulnerable — — — — — — — — Jill Jill Jill Jill 1111 --1- - - — — - - — — ---- BCCNuthatchBCRBrown-headed Chimney BCC Rang wide ---- -----III Jill lill Jill Jill Jill I------- ---- (CON) Prairie Warbler BCC Rangewide — Jill Jill Jill (CON) Prothonotary Warbler ---- — +— ---- —�-- ---- -- — — - - — — —Jill lilllillJill BCC Rangewide (CON) aded Red-headed - — — - —'-- — — — - -'+ —III Jill JillJillII--—'--'—'— Woodpecker 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/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 ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/suoolemental-information-mis7ratorv-birds-and-bald-and-p-olden-eap-les-mav-occur- project-action 10/12/2023 11 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Kim Williams Address: 3805 Wrightsville Avenue Address Line 2: Suite 15 City: Wilmington State: NC Zip: 28403 Email kim.williams@davey.com Phone: 9104520001 United States Department of the Interior 4,0 FISH AND WILDLIFE SERVICE ARCH 4 *o, 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: 2024-0004432 Project Name: Lane Farms S/D Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Technical assistance for'Lane Farms S/D' Dear Kim Williams: �sai�w�uauNe October 12, 2023 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 October 12, 2023, for 'Lane Farms S/D' (here forward, Project). This project has been assigned Project Code 2024-0004432 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. 10/12/2023 IPaC Record Locator: 624-133229822 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) • Carolina Madtom Noturus furiosus Endangered ■ Monarch Butterfly Danaus plexippus Candidate ■ Neuse River Waterdog Necturus lewisi Threatened ■ 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 624-133229822. (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.) 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. 10/12/2023 IPaC Record Locator: 624-133229822 3 If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2024-0004432 associated with this Project. 10/12/2023 IPaC Record Locator: 624-133229822 4 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Lane Farms S/D 2. Description The following description was provided for the project'Lane Farms S/D': Residential Development The approximate location of the project can be viewed in Google Maps: https:// www. goo gle.com/maps/(a)35.39070445,-77.43326789296326,14z 10/12/2023 IPaC Record Locator: 624-133229822 5 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. The action area does not overlap with an area for which U.S. Fish and Wildlife Service currently has data to support the presumption that the northern long-eared bat is present. Are you aware of other 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 NLEB acoustic detections. Data on captures, roost tree use, and acoustic detections should post-date the year when white - nose syndrome was detected in the relevant state. 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 10/12/2023 IPaC Record Locator: 624-133229822 6 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 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 10/12/2023 IPaC Record Locator: 624-133229822 7 10. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of anv 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 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 10/12/2023 IPaC Record Locator: 624-133229822 8 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 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. No 19. Will the action include or cause any construction or other activity that is reasonably certain to increase average daily traffic on one or more existing roads? Note: 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 20. Will the increased vehicle traffic occur on any road that lies between any two areas 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. No 21. 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 10/12/2023 IPaC Record Locator: 624-133229822 9 22. 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 23. Will the action include drilling or blasting? No 24. 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 25. Will the proposed action involve the use of herbicides or pesticides other than herbicides (e.g., fungicides, insecticides, or rodenticides)? No 26. 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: https://www. fws. gov/media/northem-long-eared-bat-assisted-determination-key-selected-definitions No 27. 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 28. 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 29. 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. No 10/12/2023 IPaC Record Locator: 624-133229822 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. 0 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. No 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. 0 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? No Will all project activities by completed by April 1, 2024? No 10/12/2023 IPaC Record Locator: 624-133229822 11 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Kim Williams Address: 3805 Wrightsville Avenue Address Line 2: Suite 15 City: Wilmington State: NC Zip: 28403 Email kim.williams@davey.com Phone: 9104520001 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Billy Standridge Email: Billy.W.Standridge@usace.army.mil Phone: 9102514595