The URL can be used to link to this page

Home My WebLink About20231562 Ver 1_204 W Pelican PCN Attachments_20231114S E G'io Mo. �-- it 204 West Pelican Drive Preconstruction Notification Attachments Prepared for: Kim and David Anderson. 812 Elizabeth Drive Oak Island, NC 28465 (910)269-3334 kim@artskipper.com Prepared by: Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 (910)228-1841 dlutheran(k se,gi.us Date: 14 October 2023 204 W Pelican Dr. PCN Attachments 11/14/23 SE PCN Attachments Number Description Page 1 Brunswick County GIS Aerial Photo and Parcel Information 3 2 Vicinity Map 4 3 204 W Pelican Wetland Impact Map & Site Plan 5 4 Mitigation Reservation Letter 6 5 USFWS IPaC & NLEB Consistency Letter 7 6 Brunswick County GIS Flood Map 8 7 SHPO HPOWEB2.0 Map 9 8 SEGi Wetland Boundary Sketch 10 Page 2 of 10 204 W Pelican Dr. PCN Attachments 11/14/23 S E W # Attachment 1 Brunswick County GIS Aerial Photo & Information Page 3 of 10 204 W Pelican Dr. PCN Attachments 11/14/23 S E G O rt hwest Attachment 2 Vicinity Map Wilmington Wrightsville Beach 4 Bollln� 5pring. L f LL [2 J 4 Q 4 4 G O C f'i M N r" 5. Holden beach ak strand 234NG00102 E Page 4 of 10 204 W Pelican Dr. PCN Attachments 11/14/23 S E W # Attachment 3 204 West Pelican Wetland Impact Map & Site Plan Page 5 of 10 I 206 W. PELICAN DRIVE PARCEL# 234MA005 Typical9'x 18' Parking Space wetland ling by segi 0811012023 TYPICAL CHAMBER SEE DETAIL Riw DAVIS CANAL I x S88°0272011w I _ 50.46' h � Im I x II I a5��°e +0 et�aP Davis Canal site c w pelican w. dolphin N VICINITY MAP — (NOT TO SCALE) �o a LEGEND: EIP - EXISTING IRON PIPE R/W - RIGHT OF WAY I CIL - CENTERLINE ST. ISF - IRON STAKE FOUND IRF - IRON ROD SET PARKING SPACES 3 BEDROOM 1 LIVINGAREA IRS NEED 3 SPACES NOTES: REAR - 20' SIDE - 8' ALL DISTANCES SHOWNARE HORIZONTAL GROUND DIS. THAT THIS SURVEY IS OFAN EXISTING PARCEL OR PARCELS OF LAND. PROPERTYADDRESS: 204 W. PELICAN DRIVE OAK ISLAND,N.C. 28465 PARCEL # 234MA00502 202 W PELICAN DRIVE PARCEL# 234MA00503 WETLANDS TOTAL \� 7448 SF 0.17AC PROPOSED WETLAND IMPACTS 0 silt fenc�770 SF 0.087 AC PROPERTYREFERENCE LOTS 2 BLOCK 66X, OAK ISLAND, N.C. PLAT-N- PG. 360 x 8' I Ix SEC. 32 - 78 -FLEXIBLE SETBACKS REDUCE FRONT SETBACK OF 25' BY e : .25% WHICH WILL BE 18.75' SETBACK � coi0c. rjriye. LINE LEGEND are 50. 00, x J GREEN LINE IS LIMITS OF WETLANDS 12' \ 1 R/W \ CONS7RUCT/ONEN7 SEE DE7A/L, SHEE72 RANCE FLOOD STATEMENT.' FIRM.' 370202 PANEL: 2056 CIL WEST PEL/C PREFIX "K" _ AN DR/VE ZONED AE 12 ------- EFFECTIVE DATE:08-28-2018 60'R/W JOSEPH R. BROCHURE PLS & ASSOCIATES JOEY BROCHURE L-1759 102 S E 68TH STREET Oak Island, N.C. 28465 SCALE: 1 " = 30' CELL:910-523-6122 Residential & Commercial Site Plan Lot Surveys & Flood Elev. Certificate GRAPHIC SCALE ]0 0 16 b !0 1]0 (a Fear) 1 huh - 90 & WETLAND IMPACT MAP & SITE FOR DAVID ANDERSON 204 W PELICAN DRIVE OAK ISLAND, N.C. SMITHVILLE TWSP. - BRUNSWICK CO. N.C. DATE: 10112123 SCALE: I " = 30' PRELIMINARY. 'NOT FOR RECORDATION CONVEYANCES OR 204 W Pelican Dr. PCN Attachments 11/14/23 SEGi .* Attachment 4 Mitigation Reservation Letter Page 6 of 10 LOWER CAPE FEAR UMBRELLA MITIGATION BANK STATEMENT OF CREDIT AVAILIBILITY November 14, 2023 TO: Kim and David Anderson FROM: Lower Cape Fear Umbrella Mitigation Bank 112 Country Club Drive c/o Davey Resource Group Inc Oak Island, NC 28465 3805 Wrightsville Avenue, Suite 15 ATTN: Dana Lutheran, SEGi (Agent) Wilmington, NC 28403 Project: 204 W. Pelican Drive (Brunswick County, NC) Dana: Pursuant to your recent credit request, the Lower Cape Fear Umbrella Mitigation Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed riparian non-riverine wetland impacts associated with the 204 W. Pelican Drive project in Brunswick County, NC. This acceptance is conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type and quantity of credits requested and reserved for your project. Mitigation Type Credits Reserved Fee Per Unit Fee Stream 0.0 $740.09 $0.00 Non -Riparian Wetland 0.0 $76,150.13 $0.00 Riparian (Non-Riverine) Wetland F 0.2 $76,150.13 $15,230.03 Total Fee $15,230.03 Based upon receipt of your email transmitted on November 13, LCFUMB will reserve 0.2 riparian non-riverine wetland credits for a period of up to 90 days from the date of this letter. Note that requests to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend beyond the 90-day period. Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $15,230.03. Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s) issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation requirements. If you have any questions or need additional information, please contact me by phone at (910) 452-0001 or by email at christian.preziosi@davey.com Sincerely, Davey Resource Group Inc. (agent for LCFUMB) r0 Christian Preziosi Principal Consultant 204 W Pelican Dr. PCN Attachments 11/14/23 S E W # Attachment 5 USFWS IPaC & NLEB Consistency Letter Page 7 of 10 111i��k, United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: November 14, 2023 Project Code: 2024-0016357 Project Name: 204 West Pelican Drive, Oak Island, NC 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 11/14/2023 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. 11/14/2023 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 11/14/2023 4 PROJECT SUMMARY Project Code: 2024-0016357 Project Name: 204 West Pelican Drive, Oak Island, NC Project Type: Residential Construction Project Description: Single family dwelling with less than 0.10-acre of impacts to Section 404 wetlands. The project area is located on a densely populated beach community and abuts Davis Canal, a saltwater tributary. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)33.9161754,-78.1640352821467,14z Y °} Counties: Brunswick County, North Carolina 11/14/2023 5 ENDANGERED SPECIES ACT SPECIES There is a total of 15 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 11/14/2023 BIRDS NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Rufa Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1110 SNAILS NAME STATUS Magnificent Ramshorn Planorbella magni fica Endangered There is final critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/6216 11/14/2023 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) 11/14/2023 M. 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. 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://ecos.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 Non -BCC I i" " 1 i 1 11 1 1 11 1 T F++ ++++ ++ii ++++ ++I+ J+1+ +1++ +++1 Vulnerable 11/14/2023 9 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/librur / collections/avoiding-and-minimizing-incidental-take-migratory-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagle s-may-occur- project-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act1 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 hqps:Hecos.fws.gov/ecp/species/9587 American Oystercatcher Haematopus palliatus Breeds Apr 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. htWs: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. https:Hecos.fws.gov/ecp/species/1626 11/14/2023 10 NAME BREEDING SEASON 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://ecos.fws.gov/ecp/species/5234 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 hqps:Hecos.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. htWs:Hecos.fws.gov/ecp/species/9406 Gull -billed Tern Gelochelidon nilotica Breeds May 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/9501 Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https: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. hqps: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 htWs: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:Hecos.fws.gov/ecp/species/9561 Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9513 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. hqps:Hecos.fws.gov/ecp/species/9398 11/14/2023 11 BREEDING NAME SEASON 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 hqps:Hecos.fws.gov/ecp/species/9478 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://ecos.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. htWs:Hecos.fws.gov/ecp/species/9431 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. 11/14/2023 12 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 American Kestrel BCC -BCR 0101 +**+ ++++ Jill Jill Jill Jill iiij American Oystercatcher 1+0+10++ loll J"11111111 Ili 1411 ++++ ++0+ ++++ +++, BCC Rangewide (CON) Bald Eagle i �,yy ++ + + +++ 7111 +++ W� 111 gill poi Non -BCC I _ I I T+— + + ,0 1 �'�� + Vulnerable Black Skimmer IN*++ „ll o J ■ 111111JJ JJJJ IIF *JlBCC Rangewide + + ++ + + + + ++ ++++ (CON) Brown -headed �� Nuthatch Jill 1111 ON Poi O O ��+ 11110+1+ 11111111 BCC -BCR Chimney Swift ++++ ++++ +L+ +1 J` ad111 +Jl ,+++ ++o+ ++++ ++++ BCC Rangewide ■(CON) r= mmmm ��rAm Gull -billed Tern ++++ ++++ +++1 ++++ o+++ ++++ ++++ ++++ ++++ BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide ++++ ++T+ +J++ +111 1+++ ++++ ++++ o+l+ ++++ ++++ ++++ ++++ (CON) Marbled d BCC Rangewide ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +++, (CON) Painted Bunting ++++ ++++ ++++ +11' ,ill +"1 1l" 1111 ++,+ , J++ ++++ ++++ BCC -BCR �� Pectoral Sandpiper BCC Rangewide ++++ ++++ ++++ ++++ ++++ ++++ + ++++ o+++ ++++ + ++ ++++ ++++ (CON) Prairie Warbler BCC Rangewide ++++ ++++ ++++ ++++ ++++ ++++ +04 $++1 +++1 ++++ ++++ ++++ (CON) SPECIES JAN FEB MAR APR MIAIYII JUN JUL AUG SEP OCT NOV DEC Red-headed o++* +*++ ++++ AIL I 1A 1 A + I -I '- ++F-1 T+++ ++o+ AN J +1++ Woodpecker 11/14/2023 13 BCC Rangewide (CON) RuddyThrnstone +++0 +T*+ ++,111111111 ++++,"' ++++ +0+1 ++++ AV ++'+ ++IN +++, BCC -BCR Rusty Blackbird + ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ BCC -BCR Short-billed Dowitcher +++ +++� BCC Rangewide (CON) C BC Rangewide 11+1 jj*111111+11 j1+1 ++11 Jail Jill 1111 uj+ 11111++1 BCC (CON) Wi Plover + + ++++ ++++ ++++ BCCC Rangewide ++++ ++++ (CON) Wood Thrush BCC Rangewide ++++ ++++ ++++ �t� 7 TV,+ ++++ ++++ ++++ ++++ (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/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. 11/14/2023 14 The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. NAME West Indian Manatee Trichechus manatus Species profile: https:Hecos.fws.gov/ecp/species/4469 11/14/2023 15 IPAC USER CONTACT INFORMATION Agency: Southern Environmental Group, Inc. Name: Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email dlutheran@segi.us Phone: 9102281841 111i��k, United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: November 14, 2023 Project code: 2024-0016357 Project Name: 204 West Pelican Drive, Oak Island, NC Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Record of project representative's no effect determination for'204 West Pelican Drive, Oak Island, NC' Dear Dana Lutheran: 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 November 14, 2023, for'204 West Pelican Drive, Oak Island, NC' (here forward, Project). This project has been assigned Project Code 2024-0016357 and all future correspondence should clearly reference this number. Please carefully review this letter. 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 has reached the determination of "No Effect" on the northern long-eared bat. To make a no effect determination, the full scope of the proposed project implementation (action) should not have any effects (either positive or negative), to a federally listed species or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed 11/14/2023 IPaC Record Locator: 182-134660311 action, including the consequences of other activities that are caused by the proposed action. A consequence is caused by the proposed action if it would not occur but for the proposed action and it is reasonably certain to occur. Effects of the action may occur later in time and may include consequences occurring outside the immediate area involved in the action. (See § 402.17). Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no consultation with the Service is required (ESA §7). If a proposed Federal action may affect a listed species or designated critical habitat, formal consultation is required except when the Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species or designated critical habitat [50 CFR §402.02, 50 CFR§402.13]. Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: ■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) • Cooley's Meadowrue Thalictrum cooleyi Endangered ■ Green Sea Turtle Chelonia mydas Threatened ■ Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered • Leatherback Sea Turtle Dermochelys coriacea Endangered ■ Loggerhead Sea Turtle Caretta caretta Threatened • Magnificent Ramshorn Planorbella magni fica Endangered • Monarch Butterfly Danaus plexippus Candidate ■ Piping Plover Charadrius melodus Threatened • Red -cockaded Woodpecker Picoides borealis Endangered ■ Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered ■ Rufa Red Knot Calidris canutus ru fa Threatened • Tricolored Bat Perimyotis sub flavus Proposed Endangered ■ West Indian Manatee Trichechus manatus Threatened You may coordinate with our Office to determine whether the Action may affect the animal species listed above and, if so, how they may be affected. Next Steps Based upon your IPaC submission, your project has reached the determination of "No Effect" on the northern long-eared bat. If there are no updates on listed species, no further consultation/ coordination for this project is required with respect to 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) 11/14/2023 IPaC Record Locator: 182-134660311 3 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 to ensure compliance with the Act. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2024-0016357 associated with this Project. 11/14/2023 IPaC Record Locator: 182-134660311 ^ Action Description You provided to IPaC the following name and description for the subject Action. 1. Name 204 West Pelican Drive, Oak Island, NC 2. Description The following description was provided for the project'204 West Pelican Drive, Oak Island, NC': Single family dwelling with less than 0.10-acre of impacts to Section 404 wetlands. The project area is located on a densely populated beach community and abuts Davis Canal, a saltwater tributary. The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)33.9161754,-78.1640352821467,14z S 5 S N f+c Or CS 1 w i i , 11/14/2023 IPaC Record Locator: 182-134660311 5 DETERMINATION KEY RESULT Based on the information you provided, you have determined that the Proposed Action will have no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required for those species. 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. 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 3. 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 4. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 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 11/14/2023 IPaC Record Locator: 182-134660311 6. 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 7. 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 8. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No 9. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action. If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer "No" below and continue through the key. If you have determined that the northern long-eared bat does not occur in your project's action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a "no effect" determination for the northern long-eared bat. Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, please answer "No" and continue through the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS would be required if your action may affect another listed species or critical habitat. The definition of Effects of the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key_ selected -definitions Yes 11/14/2023 IPaC Record Locator: 182-134660311 PROJECT QUESTIONNAIRE Will all project activities by completed by April 1, 2024? Yes 11/14/2023 IPaC Record Locator: 182-134660311 8 IPAC USER CONTACT INFORMATION Agency: Southern Environmental Group, Inc. Name: Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email dlutheran@segi.us Phone: 9102281841 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: David Moose 204 W Pelican Dr. PCN Attachments 11/14/23 SEGi Attachment 6 SHPO HPOWEB2.0 Map Find addresslhisionc resource Q 0 b w b rA rn U w e rLy z a x y y w o rn W OaH Isfagd dr rn 3 ro m` n m ti l "' n BRUNSWICK r rn h 3 h h W N, r 4 white lrt y rn W N rn En 41 a Q G O d a a W Z— W Pelican Dr 3 hin Ora r W Beach nr LY priican I 3 a a W Dolphin ❑r L L N LL •• t E Dolphin ❑r W Beach Or E Beach nr Page 8 of 10 204 W Pelican Dr. PCN Attachments 11/14/23 S E W # Attachment 7 Brunswick County GIS Flood Map Page 9 of 10 204 W Pelican Dr. PCN Attachments 11 / 14/23 S E G i .* Attachment 8 SEGi Wetland Boundary Sketch Page 10 of 10 X Approx Wetland — 0.21 ac. Property Line Coastal Wetland Normal High Water 0 ft 30 ft 60 ft 90 ft LIZ Map Source: 2020 NC Statewide Orthoimagery Field Sketch of Wetlands N 204 W Pelican All lines are approximate and should be used for planning purposes only. Oak Island, Brunswick Co., N.C. /) - 08/10/2023 023-146.01 �� b"