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HomeMy WebLinkAbout202321640 Ver 1_OJC Real Estate III LLC NW Permits_20231128Nationwide 18 & 58 Permit Requests Atlantic Environmental Consultants, LLC OJC Real Estate III, LLC November 2023 EXECUTIVE SUMMARY On behalf of OJC Real Estate III, LLC, Atlantic Environmental Consultants, LLC is submitting Nationwide 18 & 58 Permit Requests for the site re -development of a residential property, including the construction of a single-family residence, driveway and parking, septic system, and stormwater retention areas. The proposed project involves the re -development of a 0.69- acre property that previously housed a demolished residence, garage, and septic system. The property has been re -developed with a three -bedroom single-family residence, stormwater retention areas, and an engineered septic system considered a repair of an existing system by Albemarle Regional Health Services (see Appendix A). OJC Real Estate III, LLC acquired a septic system repair permit from Albemarle Regional Health Services on February 2, 2023(see Appendix F), and a building permit from Currituck County Permits & Inspections department on March 3, 2023 (see Appendix G). At the time of the Jurisdictional Determination request in June 2023, the construction of the residence had reached 90% completion. Subsequently, Currituck County has requested a Jurisdictional Determination to be completed before allowing any further construction activities. The outcome of the Jurisdictional Determination request revealed the presence of Jurisdictional Wetlands on the property, introducing a new permit process that needed to be addressed in accordance with regulatory requirements. The project's purpose is to continue the re -development of the property and complete the existing home in its current location, allowing the owner to receive a Certificate of Occupancy from Currituck County. The 0.69-acre property comprises 0.26 acres of uplands and 0.43 acres of jurisdictional wetlands. The re -development has impacted 0.125 acres (5,450 square feet) of jurisdictional wetlands for the house and septic system. In compliance with Albemarle Regional Health Services requirements, the septic system's drain field has 24 inches of fill, and a retaining wall has been constructed around the perimeter to minimize additional wetland impacts. Compensatory mitigation for the unavoidable wetland impacts will be achieved through the purchase of off -site mitigation credits from the Hidden Lake Wetland Mitigation Bank (refer to Appendix C), approved for use in the Pasquotank Watershed. Wetland credits will be purchased at a 2:1 ratio for the impacted 0.125 acres of non -riparian wetlands (0.25 credits). 1IPage Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC TABLE OF CONTENTS Atlantic Environmental Consultants, LLC November 2023 OJC REAL ESTATE III, LLC NATIONWIDE PERMIT REQUEST EXECUTIVESUMMARY........................................................................................................................ 1 1.0 PROJECT INFORMATION SHEET............................................................................................ 3 2.0 INTRODUCTION...................................................................................................................... 4 3.0 SITE DESCRIPTION................................................................................................................... 4 3.1 Site Location............................................................................................................................... 4 3.2 Site Conditions........................................................................................................................... 4 4.0 PURPOSED AND NEED........................................................................................................... 5 5.0 JURISDICTIONAL IMPACTS.................................................................................................... 5 6.0 ALTERNATIVE ANALYSIS....................................................................................................... 5 6.1 Introduction............................................................................................................................... 5 6.2 No -Action Alternative............................................................................................................. 6 6.3 Offsite Alternatives.................................................................................................................... 6 6.4 Onsite Alternatives.................................................................................................................... 7 6.5 Preferred Alternative................................................................................................................ 7 6.6 Conclusion................................................................................................................................... 8 7.0 AVOIDANCE AND MINIMIZATION....................................................................................... 8 8.0 COMPENSATORY MITIGATION............................................................................................. 9 9.0 SUPPORTING SITE INFORMATION...................................................................................... 9 9.1 Threatened and Endangered Species..................................................................................... 9 9.2 Cultural Resources.................................................................................................................... 9 FIGURES Figure 1: Vicinity Map Figure 2: Site Plan APPENDICES Appendix A: Preliminary Jurisdictional Determination Appendix B: Wetland Mitigation Credit Availability Letter Appendix C: USFW Threatened and Endangered Species List Appendix D: NC- State Historic Preservation Office Review Appendix E: Albemarle Regional Health Services Permit Appendix F: Currituck County Permits 2 1 P a g e Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC 1.0 Project Information Sheet Permit Organizations Atlantic Environmental Consultants, LLC November 2023 • U.S. Army Corps of Engineers: Nationwide Permits 18 & 58 • NC Division of Water Resources: 401 Certification Project name: OJC Real Estate III, LLC State: North Carolina County: Currituck Latitude: 36.454251 Longitude: -76.048563 Subject Property Size: 0.69 acres HUC Code: 03010205 (Pasquotank Watershed) Wetlands: Palustrine Freshwater Forested/Shrub Wetland (PF01Cd) Project Information Owner Name: OJC Real Estate III, LLC P.O. Box 62 Maple, NC 27956 Contact: Scott Feehley (252) 207-6956 orvilleiamescontracting@gmail.com Consultant Name: Atlantic Environmental Consultants, LLC P.O. Box 3266 Kitty Hawk, NC 27949 Contact: Doug Dorman (252) 599-2603 dougdaec@gmail.com 3 1 P a g e Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC 2.0 INTRODUCTION Atlantic Environmental Consultants, LLC November 2023 On behalf of OJC Real Estate III, LLC, Atlantic Environmental Consultants, LLC is submitting Nationwide 18 & 58 Permit Requests for the site re -development of a residential property located at 2490 Caratoke Highway in Maple, Currituck County, North Carolina. The proposed project encompasses the construction of a single-family residence, driveway and parking, septic system, and stormwater retention areas. The 0.69-acre parcel has already undergone significant re -development, featuring a three - bedroom single-family residence, stormwater retention areas, and an engineered septic system. The property owner has made a substantial investment, and the re -development is currently at 90% completion. Throughout the planning process, the applicant has collaborated with Currituck County, Albemarle Regional Health Services, and the design engineer to formulate a project that strategically minimizes environmental impacts on -site. 3.0 SITE DESCRIPTION 3.1 Site Location The 0.69-acre site is situated at 2490 Caratoke Highway in Maple, Currituck County, North Carolina (see Figure 1). The property is adjacent to residential properties and forested areas to the east, west, and south, while the northern boundary faces Caratoke Highway. The project is within the Pasquotank Watershed, specifically falling under the Hydrological Unit Code 03010205. 3.2 Site Conditions The site predominantly features mixed hardwood forest and a cleared area from the previous homesite and ongoing development activities. Surface waters on the site naturally drain southward, flowing into adjacent wetlands. Identified by Parcel Identification Number 004100000770000, the property is zoned as Single Family Residential (SFM) and Agricultural (AG). A wetland delineation, conducted in accordance with the U.S. Army Corps of Engineers 1987 Delineation Manual, aimed to pinpoint the presence and location of jurisdictional wetlands within the property boundary. The delineation was verified on August 10, 2023 by the U.S. Army Corps of Engineers, and details can be found in Appendix A: Preliminary Jurisdictional Determination Information. The site boasts generally flat topography, with the highest elevations reaching approximately 4 feet above mean sea level on the north side, closer to Caratoke Highway. The elevation gradually decreases to 2-3 feet above mean sea level on the south side of the property. 4 1 P a g e Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC 4.0 PURPOSE AND NEED Atlantic Environmental Consultants, LLC November 2023 The purpose of the project is to re -develop the property with a three -bedroom single family residence and provide much needed housing for the area. The re -development of the property consisted of demolishing the existing house and garage as well as removing the septic system associated with the original home. As the area continues to grow it is necessary to accommodate the growth and respond to the changes while maintaining aspects of the community that the residents value and meets the Counties development standards. Development of new properties as well as the re- development of existing properties will ensure that the economical health and growth of Currituck County is adequate enough to serve the existing population and future residents. 5.0 JURISDICTIONAL IMPACTS The re -development of the property has led to unavoidable impacts on 0.125 acres (5,450 square feet) of Palustrine Freshwater Forested wetlands. These permanent wetland impacts are specifically associated with the construction of the house and the existing drain field area, which are essential components of the re -development project. For a visual representation of the location of these jurisdictional impacts, please refer to Figure 2: Site Plan. This map provides a clear overview of the areas affected by the wetland impacts as a result of the property's re -development. 6.0 ALTERNATIVE ANALYSIS 6.1 Introduction The re -development of the subject property closely mirrors the characteristics of the previous existing home that was demolished due to its uninhabitable condition. The reconstruction of the new home necessitated an updated septic system, as mandated by Albemarle Regional Health Services (refer to Appendix E) and Currituck County. Given these requirements and current septic system standards, the size of the new septic system experienced a significant increase compared to its predecessor. Considering the location and site design, a thorough evaluation of multiple alternatives was conducted, including: (a) The no -action alternative, (b) Off -site alternatives, (c) On -site alternatives. 5 1 P a g e Nationwide 18 & 58 Permit Requests Atlantic Environmental Consultants, LLC OJC Real Estate III, LLC November 2023 The primary goal was to determine the least environmentally damaging practicable alternative. After careful consideration of these alternatives, the preferred option was selected for its capacity to provide the most economical solution to address the existing development that has taken place on the property. The criteria guiding the identification of the preferred alternative included: • Availability of off -site locations to move the existing home • Relocation of existing home and septic system on site • Economic feasibility of relocating of existing house and septic system • Redesign of the septic system to alternate location onsite These criteria were essential in selecting the preferred alternative, which not only addresses the project's needs but also environmental impacts. 6.2 No -Action Alternative The No -Action Alternative would leave the existing house in its current location and will impact 0.125 acres of Jurisdictional Wetlands. Due to the needs of the project in conjunction with the jurisdictional wetlands on site, impacts to Waters of U.S. are unavoidable and therefore, development could not occur without the Nationwide Permits. The project has been examined to continue with development of the property in a manner that avoids and minimizes impacts to the aquatic resource to the maximum extent possible, while meeting the requirements necessary to continue with the existing project. Onsite alternative layouts were analyzed to determine the least environmentally damaging practicable alternatives while meeting the needs of the existing developed property. All onsite alternatives were deemed not practicable as they would incur significant financial hardship on the owner. 6.3 Offsite Alternatives Additional parcels were assessed as potential locations for relocating the existing house as part of the ongoing residential development. However, the number of viable alternative sites is constrained within this area. The evaluation of these sites took into account factors such as proximity to the existing home, property cost, expenses associated with relocating the structure to an offsite location, wastewater suitability, and the cost of installing a new septic system. Due to the limited availability of parcels for sale within a reasonable distance of the subject property, along with the increased costs associated with moving the existing house to an alternate site and designing/installing another new septic system, the overall project has 6 1 P a g e Nationwide 18 & 58 Permit Requests Atlantic Environmental Consultants, LLC OJC Real Estate III, LLC November 2023 become economically unfeasible. The assessment of offsite alternatives has revealed significant challenges and elevated costs when compared to the preferred alternative. In summary, the economic considerations, combined with the scarcity of suitable parcels and the associated expenses, have led to the determination that pursuing an offsite alternative is not economically viable, making the preferred alternative more practical and feasible for the continued residential development. 6.4 Onsite Alternatives Due to the project's requirements and the presence of jurisdictional wetlands throughout the site, it has been determined that impacts to waters of the U.S. are inevitable. Consequently, development cannot proceed without obtaining Nationwide Permits, irrespective of any attempts to redesign the project to avoid and/or minimize wetland impacts. Various onsite alternative design layouts were thoroughly examined to identify the least environmentally damaging practicable alternative, while still adhering to the requirements of Currituck County and Albemarle Regional Health Services. The alternative design options considered were: (a) Relocating the existing septic system to the north side of the property and moving the house south into the wetlands. (b) Retaining the house in its current location and redesigning the septic system using an engineered EZ Treat wastewater system (Type II treatment) on the north side of the existing house. This option also involved creating a stormwater retention area in the wetlands on the south side of the existing house. Following a comprehensive evaluation of these design options, all onsite alternatives were deemed impracticable. Option (a) would align with the purpose and need of the project but would result in comparable impacts to jurisdictional wetlands, and the associated costs of relocating the house and septic system were deemed economically unfeasible for the owner. Option (b) would also lead to comparable jurisdictional wetland impacts, and the placement of the EZ Treat wastewater system on the north side of the property would require further southward relocation of the existing house, presenting additional challenges. In summary, despite efforts to explore onsite alternatives, none were found to be practicable, and the impacts on jurisdictional wetlands remained a significant challenge, necessitating the need of permits for the proposed development. 6.5 Preferred Alternative The preferred No -Action alternative for the project involves maintaining the current configuration of the existing house, septic system, driveway, and stormwater retention areas, 7 1 1 a g e Nationwide 18 & 58 Permit Requests Atlantic Environmental Consultants, LLC OJC Real Estate III, LLC November 2023 as originally permitted by Currituck County and Albemarle Regional Health Services. The house and septic system have already been constructed, and measures have been implemented to minimize wetland impacts. While alternative options, as mentioned earlier, provide different approaches, they invariably lead to impacts on Jurisdictional Wetlands, or the associated costs are economically unfeasible for the property owner. The current configuration, permitted and approved, is considered the preferred No -Action alternative due to its existing compliance with regulations, minimized impact on wetlands compared to other options, and the practical considerations of the property owner. 6.6 Conclusion The property owner obtained a building permit from Currituck County Permits and Inspections Department (Appendix F), and a wastewater permit was issued by Albemarle Regional Health Services (Appendix E) at the initiation of the construction and permitting process. Six months into the construction of the house, Currituck County requested a Jurisdictional Determination from the U.S. Army Corps of Engineers which resulted in the determination of wetlands on the property. Following thorough consideration, it has been determined that maintaining the existing house and infrastructure in their current location is the most practicable solution. This approach not only addresses the needs of the owner's existing situation but also provides a plan that minimizes impacts to a valuable environmental resource. This determination is supported by the previously granted building and wastewater permits, and it aligns with the goal of finding a balanced solution that respects regulatory requirements while addressing the practical considerations of the property owner. 7.0 AVOIDANCE AND MINIMIZATION Impacts to the Jurisdictional Wetlands have been effectively avoided and minimized to the maximum extent practicable through the modification of the drain field design. This involved the installation of a retaining wall around the perimeter of the existing fill area and a limitation on additional fill through a 3:1 slope, demonstrating a commitment to minimizing environmental disturbance. The applicant has successfully navigated the project's purpose and need, resulting in the proposed design that incurs the fewest impacts to Waters of the U.S., while still fulfilling the requirements of the existing property development. Furthermore, the proposed project has taken measures to mitigate the potential for secondary impacts by obtaining a project -specific land disturbance permit. This permit was prepared in accordance with Currituck County regulations and covers all land -disturbing activities associated with the project, including those in the drain field area, house area, and access 8 1 P a g e Nationwide 18 & 58 Permit Requests Atlantic Environmental Consultants, LLC OJC Real Estate III, LLC November 2023 driveway. This approach ensures that the project is conducted in compliance with regulatory standards and emphasizes the commitment to responsible land use. 8.0 COMPENSATORY MITIGATION Compensatory mitigation for the unavoidable impacts on wetlands, resulting from the re- development of the property, will be accomplished through the acquisition of off -site mitigation credits from the Hidden Lake Mitigation Bank. This mitigation bank is approved for use in the Pasquotank Watershed, identified by the Hydrological Unit Code 03010205. Wetland mitigation credits will be procured at a ratio of 2:1, equivalent to 0.25 credits for non -riparian wetland impacts. To confirm the availability of compensatory mitigation, a letter of credit availability is provided and can be found in Appendix B. This letter confirms the financial commitment required for obtaining the mitigation credits, ensuring compliance with regulatory standards. 9.0 SUPPORTING INFORMATION 9.1 Threatened and Endangered Species The U.S. Fish and Wildlife Service IPaC Resource List (refer to Appendix C) was consulted to assess the likelihood of the presence of threatened and endangered species on the project site and within a 2-mile radius of the project area. According to the results from the U.S. Fish and Wildlife Service IPaC, there is a potential for the federally and state -threatened Northern Long - Eared Bat (Myotis septentrionalis) to occur on the site. However, given that the project is 90% complete, and site work has been finalized, it is anticipated that there will not be any species present on the site at this stage of the project. The completion of site work minimizes the likelihood of impacting or encountering species of concern during the remaining stages of the project. 9.2 Cultural Resources The North Carolina State Historic and Preservation Office has completed an Environmental Review (Appendix D) of the property and they found there to be no historical resources which would be affected by the project. 9 1 P a g e Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC FIGURES Figure 1. Vicinity Map Figure 2. Site Plan Atlantic Environmental Consultants, LLC November 2023 101Page OJC Real Estate III, LLC r 'P Bau Back c � ,ems _ • .. �� y'r + 1✓ - - -. Back Rio 1 ..: _. _ - ^•, CITY OF VIRGI NIA BEACH 1 15 r�r � 1 ' i ruin Bau 1 0 9 Curntunk .. ... .. SaDn Site - ', •� rli+f5... ;x r#1WY CURB I'l1L '. ti • - _ CU RRI_TDCK CC70 NTY I 59 . ClIMN C ity Sy ORY. CUT.gp: L'a L•;iark &?� 15E ....� �.. .._. _ .. _ :.. .� 1 . ... .... ... ... ... ... ... .... ._ ... j ._ ... .. ._ ... ... .._ ... ... ... ... ... � .3a. a:. �. ........ ..... �., gip: _ ...... ._ _ .M: 4, y E� 345 Po a �. ._ 4 .. /. 1111012023, 10:12:53 AM 1:144,448 0 1.26 2.6 5 mi 0 2 4 8km USGS The National Map: National Boundaries Dataset, 3DEP Elevation Program, Geographic Names Information SZm, National Hydrogmphy DAaset, National Land Cover Database, National Structures Dataset, and National Transportation Dataset; USGS Global Ecosystems U.S. NC Department of Envimnmental Quality 2017 Figure 1. Vicinity Map CARATOAE HIGHWAY I 1 �ej Z404 "111M LM SEPTIC TANK & PUKP T"M -EXISTING DRAINF= W= 24" OF FILL AND RETAINING MALL fW 3b N N < * LEGEND: a i N - WETLAND IMPACTS 0.125 ACRES - - - - - - - 404 WETLAND LINE 404 WETLANDS SITE PLAN OJC REAL ESATE III, 2490 CARATOKE HIGHWAY MAPLE — CURRITUCK COUNTY — NORTH 30' 0' 60' 120' 180' GRAPHIC SCALE 1"=60' LLC CAROLINA ATLANTIC ENV/RONMENTAL CONSULTANTS, LLC P.O. BOX 3266, K/TTY HsJff'K, N.C. 27949 (252)261-7707, a moil dougdoec®gmoil com FILE: OJC 2023 DATE: 11/10/23 REVISED: Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC APPENDIX A Atlantic Environmental Consultants, LLC November 2023 111 Page urisdictional Determination Reauest US Army Corps of Engineers. Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.aimy.mil/Missions/Re ul�atoiyPermitProi4ram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 2490 Caratoke H City, State: Moyock, NC 27959 County: Currituck County Parcel Index Number(s) (PIN): 0041000000770000 B. REQUESTOR INFORMATION Name: Doug Dorman -Atlantic Environmental Mailing Address: PO BOX 3266 Kitty Hawk, NC 27949 Telephone Number: 252-599-2603 Electronic Mail Address: dougdaec@gmail.com Select one: ❑ I am the current property owner. ❑ I am an Authorized Agent or Environmental Consultanti Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: OJC Real Estate III, LLC- Scott Feehle Mailing Address: PO BOX 62 Maple, NC 27956 Telephone Number: 252-207-6956 Electronic Mail Address: orvillejamescontracting@gmail.com 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Doug Dorman Print Name Capacity: ❑ Owner Z Authorized Agents 06/26/2023 Date Signat re E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all aquatic resources. ❑✓ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: ' For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E. a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One) 7 I am requesting that the Corps provide a preliminM JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓� Size of Property or Review Area 0.69 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 36.454251 Longitude:-76.048563 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request F4Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDS• please complete an Approved Jurisdictional Determination Form'. F4 Vicinity Map zAerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets ❑ NC Division of Water Resources Stream Identification Forms hJ Other Assessment Forms ' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf 8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 WETLAND DELINEATION SURVEY JOHN 3:16 FOR OJC REAL ESTATE III, LLC CRAWFORD TOWNSHIP CURRITUCK COUNTY, NORTH CAROLINA BEING THE EASTERN HALF OF THE PROPERTY AS DESCRIBED IN DEED BOOK 1653, PAGE 370 OCTOBER 24, 2D23 GRAPHIC SCALE 00 o so 100 200 RpYNERS N NC 168 ( 1N FEET) SITE 1 inch = 100 1L M N. EAST CURRITRUCK GARATOKE HIGHWAY - NC 168 (REFERENCE PROJECT 6C0DOT 49005T PLANS) 2 RIDGE D RD it N68' 14' 00"E TlE LINO VICINITY MAP t50.0101'43 18J NGS "BAILEY" 901 97 N:997,485.19'L E:2,868.923.41' NAD83(2011) f I� I NOW OR FORMERLY SUSIE MAE HILL D.B. 1028, PG. 555 WESTERN HALF OF D.B. 83, PG. 605 NOW OR FORMERLY BRUMSEY & WHITEHURSTI D.B. 317, PG. 297 D.B. 274, PG. 771 D.B. 274, PG. 774 (MAP)I (TIE LINE) IS88' 14' 00"W f 50.010' 0.69 ACRES (TOTAL) UPLANDS (0.26 AC) [OTENTIAL WETLAND a u LINE � z O 0 J a a zz w .Ill. 3 z< OTENTIAL PETLANDS U) r- 0.43 AC) zz NOW OR FORMERLY LUCULLUS BRUMSEY HEIRS D.B. 72. PC, 512 LEGEND hi. POTENTIAL WETLANDS NGS MONUMENT "BAILEY" c� EXISTING UTILITY POLE EXISTING DISTURBED AXLE O EXISTING IRON REBAR �i SET IRON REBAR PROPERTY LINE — PROPERTY EXTENSION - - RIGHT OF WAY — — — — — — PROPERTY TIE LINE - - - - - - - - - - - - OVERHEAD UTILITIES -•-•-•-•- -- , , - POTENTIAL WETLAND LINE (TIE LINE) N88' 14' 00"E aI1. (NTS) 626.10'� � 1 (TEE LINE) S15' 56' 33"E 588' 14' 00"W 4.71' (NTS) NOTES: 50.00, 1.) ALL DISTANCES SHOWN ARE HORIZONTAL GROUND DISTANCES. NOW OR FORMERLY 2.) AREA BY COORDINATE METHOD_ BRUMSEY & WHITEHURST 3J THE PROPERTY IS LOCATED IN FLOOD ZONE (AE 4) AS SHOWN ON MAP PANEL y3720896800K, D.B. 317. PG. 297 DATED DECEMBER 21, 2018. D.B. 274, PG. 771 4,) THE PROPERTY DESCRIPTION IN DEED BOOK 1653, PAGE 870 IS IN ERROR. THE GRANTOR OF THIS DEED PG. 774 ONLY HAD TITLE TO CONVEY THE EASTERN HALF OF THIS PROPERTY. REFERENCE DEED BOOK 1065, D.B. 274, (MAP) PAGE 29, DEED BOOK 1065, PAGE 32, & DEED BOOK 1065, PAGE 35. THE WESTERN HALF OF THE PROPERTY IS NOW OR FORMERLY OWNED BY SUSIE MAE HILL DEED BOOK 1028, PAGE 555, 5.) FIELD WORK DONE NOVEMBER 30, 2022. WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION FROM THE DEED DESCRIPTION RECORDED IN D.B. 1653, PG. 870: THAT THE BOUNDARIES NOT SURVEYED ARE INDICATED AS DRAWN; THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10.000+. THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30(M) AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER, AND SEAL THIS 3GTH DAY OF NOVEMBER, 2022. I, NICHOLAS M. RACKLEY PLS-5062, CERTIFY, C. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. ,`1lliuunN� CARo<;2,, !RLACKLEY �� = EYING LAND SURV �. 905 Halstead Blvd Unit 16Eiizabeth City, NC 27909 C-4476 (By appointment only) M.I 252-679-7670 tilt rackleylandsurveying@yahoo.com � J J (D 4-0 C/) W (D ry C) � � 0 � � 0 � 44 � � � 0 ca z 0 ` m$ }\E \\ )/ \\\G SO <) - e ]®co _]!2a CL CO )/\\( �wc�w \ co 2/22 7 « E 1.0 rU) 0 El El 7 g 2 \ g = \ � 9 \ k / \ \ L E 0- co \ \ / / / E E E El El El k \ k � \ E E % % ■ co co f E E \ ( 3 3 cli \ ( 7 F -1 El � Z a �o OOx'£Ob M „LS.T o9L 8 n 8 M „64,£ o9L 00�£Ob z a �o 00Z9£Ob 00MOb 009b£Ob OOCKOb OOOKOb 00Z9£Ob 00MOb 009vwO 00£b£Ob 8 n T N U 'o U � o � = m 'o � (n Q cr W N O U z m 00 o m Z d A L W ' W X Q O O W � � V N Q .i° V) > N c� a N O N +� > p p L L 7 N ziiijc C ZU 8 M„64,£ o9L � OOOb£Ob z a ry �o Ali `I Z O CQ G O LL Z Ca G 0 Z /W V W J a O N N T m � (6 Q U O U O O N ON y 0 .� a)E -O N m E .N E N y w �— N — 0) p_ CL > m c O_ m 00 — U N O O N N a (n O (6 (`m Q y u U m O .j C N N N O O Q N Z t N tll E N -6 3 Q U)N -p m Q O 3 'O !EO > O E O N ctll Z 0O (U LQ 2iC mtll_ m>N Q LU tlNl C Nm D QN 0—a)y Q T (U a) O 0 p _ m� N7 UU O _ + E a) U - NOcn a) 1'm w o E ' N O O ( 'O N NmMn E 0 O N N '6 Li m (n Q tll t C N (6 ZEE Q O acL aO)) o o -0°O "07- N N 6 m m O _ mjU i tl-O Q O'O mT U m m o U .Q mO s c E —O 00 N °? O C m(6 p 0 0 N N m O> Q CL 0 m N Q m O Ul 7 tll tll O 0 U -0 tll U N D Q N U) a)E m O y 0 �, 0 .Q N C N N N p N p m 0 n �_ = L 0 7 = O O N N m m E m 55 H a E U U p Q Q m L w H o U U U ch s O E H U .— 0 y � y 4 O R Q L Q Li O L >. 0 d Q O J R a) O O O L Q U) O Q R R 0 m d O U) O N N N y O R O N L y a U U) in > O cn in g J v Q � R C R � � a/ LL }{ O O * R 4 R5 R F m y C O O y Q o .� U) cL N o w w w y R Q a Q Q 3 R O > 0 0 Q > > > o w 3 y o > w o o W _ o O Q Q Q R a Q a T O o O m m >. a) Q o R R R y 3 a = `o E O a) o o U) a R — 3 O T w > > a R w o coi Y o a y o 0 0 O o R O > R y o o m R o a o Q cn cn cn p m m U U (7 (7 J J a U) U) U) in U) U) w a R cun Q y m Z Soil Map—Currituck County, North Carolina Map Unit Legend Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI AaA Altavista fine sandy loam, 0 to 2 percent slopes 5.5 0.9% At Augusta fine sandy loam 25.0 4.0% Ca Cape Fear loam, 0 to 2 percent slopes, rarely flooded 64.7 10.3% Cb Conaby muck 8.5 1.4% Po Ponzer muck, 0 to 2 percent slopes, rarely flooded 25.7 4.1 % Ro Roanoke fine sandy loam 468.7 74.9% To Tomotley fine sandy loam 27.4 4.4% Totals for Area of Interest 626.6 100.0% USDA Natural Resources Web Soil Survey 6/26/2023 Conservation Service National Cooperative Soil Survey Page 3 of 3 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 2490 Caratoke Hwy City/County: Moyock/Currituck County Sampling Date: 06/20/23 Applicant/Owner: OJC Real Estate III, LLC - Scott Feehley State: NC Sampling Point: Uplands Investigator(s): Doug Dorman, Atantic Environmental Consultants Section, Township, Range: Moyock Landform (hillside, terrace, etc.): Flood Plain Local relief (concave, convex, none): None Slope (%): 0-2 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 36.454251 Long:-76.048563 Datum: USGS Soil Map Unit Name: Roanoke fine sandy loam NWI classification: PFO1Cd Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation X Soil X or Hydrology X significantly disturbed? Are "Normal Circumstances' present? Yes X No Are Vegetation X Soil X or Hydrology X naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Wetland criteria not met as per the 1987 US Army Corp of Engineers Wetland Delineation Manual and the Gulf Coast Plain Regional Supplement. According to the Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network, the site conditions were drier than normal at the time of the field work. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Marl Deposits (1315) (LRR U) _ Drainage Patterns (B10) —Saturation (A3) —Hydrogen Sulfide Odor (Cl) —Moss Trim Lines (B16) —Water Marks (B1) —Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _ Drift Deposits (133) —Recent Iron Reduction in Tilled Soils (C6) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) —Iron Deposits (135) —Other (Explain in Remarks) —Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 20 Saturation Present? Yes X No Depth (inches): 16 Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Google Earth & Currituck County GIS Site. Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: Uplands Tree Stratum (Plot size: 30' Radius ) % Cover Species? Status Dominance Test worksheet: 1. Pinus taeda 30 Yes FAC Number of Dominant Species 2. Acer rubrum 30 Yes FAC That Are OBL, FACW, or FAC: 10 (A) 3. Liquidambarstyraciflua 20 Yes FAC Total Number of Dominant 4. Quercus falcata 10 No FACU Species Across All Strata: 12 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 83.3% (A/B) 90 =Total Cover Prevalence Index worksheet: 50% of total cover: 45 20% of total cover: 18 Total % Cover of: Multiply by: Sapling Stratum (Plot size: 15' Radius ) OBL species x 1 = 1. Pinus taeda 20 Yes FACW species x 2 = 2. Acer rubrum 10 Yes FAC FAC species x 3 = 3. Persea borbonia 10 Yes FACW FACU species x 4 = 4. UPL species x 5 = 5. Column Totals: (A) (B) 6. Prevalence Index = B/A = 40 =Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 20 20% of total cover: 8 _ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: 15' Radius ) X 2 - Dominance Test is >50% 1. Morella cerifera 30 Yes FAC 3 - Prevalence Index is <_3.01 2. -Problematic Hydrophytic Vegetation' (Explain) 3. 4. 5. 'Indicators of hydric soil and wetland hydrology must be 6. present, unless disturbed or problematic. Definitions of Five Vegetation Strata: 30 =Total Cover 50% of total cover: 15 20% of total cover: 6 Tree - Woody plants, excluding woody vines, Herb Stratum (Plot size: 5' Radius ) approximately 20 ft (6 m) or more in height and 3 in. 1. Arundinaria gigantea 30 Yes FACW (7.6 cm) or larger in diameter at breast height (DBH). 2. Osmunda spectabilis 20 Yes FACW Sapling - Woody plants, excluding woody vines, 3. approximately 20 ft (6 m) or more in height and less 4 than 3 in. (7.6 cm) DBH. 5. Shrub - Woody Plants, excluding woody vines, 6 approximately 3 to 20 ft (1 to 6 m) in height. 7. Herb - All herbaceous (non -woody) plants, including 8. herbaceous vines, regardless of size, and woody 9 plants, except woody vines, less than approximately 3 ft (1 m) in height. 10. 11. Woody Vine - All woody vines, regardless of height. 50 =Total Cover 50% of total cover: 25 20% of total cover: 10 Woody Vine Stratum (Plot size: 30' Radius ) 1. Smilax bona-nox 10 Yes 2. Toxicodendron radicans 10 Yes FAC 3. Berchemia scandens 10 Yes FAC 4. 5. Hydrophytic 30 =Total Cover Vegetation 50% of total cover: 15 20% of total cover: 6 Present? Yes X No X Remarks: (If observed, list morphological adaptations below.) No vegetation on property. Existing house removed and site prepared for new development. ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain -Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Uplands mDsoiuie uominam inaicaior Tree Stratum (Plot size: ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: (A) 3. Total Number of Dominant 4. Species Across All Strata: (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: =Total Cover OBL species x 1 = 50% of total cover: 20% of total cover: FACW species x 2 = Sapling/Shrub Stratum (Plot size: ) FAC species x 3 = 1. FACU species x 4 = 2. UPL species x 5 = 3. Column Totals: (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. 2 - Dominance Test is >50% 8. 3 - Prevalence Index is <_3.01 =Total Cover _ Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 20% of total cover: Herb Stratum (Plot size: ) 1. 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub -Woody plants, excluding vines, less 8. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 20% of total cover: height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below.) ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain -Version 2.0 SOIL Sampling Point: Uplands Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-8 10YR 5/3 100 Loamy/Clayey Soils disturbed from development 8-16 10YR 6/3 95 7.5YR 5/6 5 RM PL Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _ Histosol (Al) —Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _ 2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 15313, 153D) —Coast Prairie Redox (A16) —Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) _ Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) _ Reduced Vertic (F18) _Organic Bodies (A6) (LRR P, T, U) X Depleted Matrix (F3) (outside MLRA 150A, 15013) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) —Piedmont Floodplain Soils (F19) (LRR P, T) —Muck Presence (A8) (LRR U) _ Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 15313) _ Depleted Below Dark Surface (Al 1) _ Marl (F10) (LRR U) —Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _ Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) —Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) _ Barrier Islands Low Chroma Matrix (TS7) —Sandy Gleyed Matrix (S4) —Delta Ochric (F17) (MLRA 151) (MLRA 15313, 153D) _Sandy Redox (S5) Reduced Vertic (F18) (MLRA 150A, 15013) _Other (Explain in Remarks) _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 149A) Dark Surface (S7) (LRR P, S, T, U) Bright Floodplain Soils (F20) _ _ Polyvalue Below Surface (S8) _Anomalous (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric soils present. Soils Mapping information from USDA-NRCS Soils Website. Hydric Soil Present? Yes X No ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 2490 Caratoke Hwy City/County: Moyock/Currituck County Sampling Date: 06/20/23 Applicant/Owner: OJC Real Estate III, LLC - Scott Feehley State: NC Sampling Point: Wetlands Investigator(s): Doug Dorman, Atantic Environmental Consultants Section, Township, Range: Moyock Landform (hillside, terrace, etc.): Flood Plain Local relief (concave, convex, none): None Slope (%): 0-2 Subregion (LRR or MLRA): LRR T, MLRA 153B Lat: 36.452950 Long:-76.048704 Datum: USGS Soil Map Unit Name: Roanoke fine sandy loam NWI classification: PFO1Cd Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation X Soil X or Hydrology X significantly disturbed? Are "Normal Circumstances' present? Yes No X Are Vegetation X Soil X or Hydrology X naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Wetland criteria met as per the 1987 US Army Corp of Engineers Wetland Delineation Manual and the Gulf Coast Plain Regional Supplement. According to the Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network, the site conditions were drier than normal at the time of the field work. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _Aquatic Fauna (1313) _Sparsely Vegetated Concave Surface (138) X High Water Table (A2) —Marl Deposits (1315) (LRR U) X Drainage Patterns (1310) _Saturation (A3) _Hydrogen Sulfide Odor (Cl) X Moss Trim Lines (1316) X Water Marks (B1) X Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _ Drift Deposits (133) —Recent Iron Reduction in Tilled Soils (C6) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Thin Muck Surface (C7) _Geomorphic Position (D2) —Iron Deposits (135) —Other (Explain in Remarks) —Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) Water -Stained Leaves (139) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 14 Saturation Present? Yes X No Depth (inches): 4 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Google Earth & Currituck County GIS Site. Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: Wetlands MDsoiute uominam inuicator Tree Stratum (Plot size: 30' Radius ) % Cover Species? Status Dominance Test worksheet: 1. Pinus taeda 30 Yes FAC Number of Dominant Species 2. Acer rubrum 30 Yes FAC That Are OBL, FACW, or FAC: 9 (A) 3. Liquidambarstyraciflua 20 Yes FAC Total Number of Dominant 4. Species Across All Strata: 11 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 81.8% (A/B) 80 =Total Cover Prevalence Index worksheet: 50% of total cover: 40 20% of total cover: 16 Total % Cover of: Multiply by: Sapling Stratum (Plot size: 15' Radius ) OBL species x 1 = 1. Persea borbonia 20 Yes FACW species x 2 = 2. Acer rubrum 15 Yes FAC FAC species x 3 = 3. Pinus taeda 10 Yes FAC FACU species x 4 = 4. UPL species x 5 = 5. Column Totals: (A) (B) 6. Prevalence Index = B/A = 45 =Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 23 20% of total cover: 9 _ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: 15' Radius ) X 2 - Dominance Test is >50% 1. Morella cerifera 30 Yes FAC 3 - Prevalence Index is <_3.01 2. -Problematic Hydrophytic Vegetation' (Explain) 3. 4. 5. 'Indicators of hydric soil and wetland hydrology must be 6. present, unless disturbed or problematic. Definitions of Five Vegetation Strata: 30 =Total Cover 50% of total cover: 15 20% of total cover: 6 Tree - Woody plants, excluding woody vines, Herb Stratum (Plot size: 5' Radius ) approximately 20 ft (6 m) or more in height and 3 in. 1. Arundinaria gigantea 40 Yes FACW (7.6 cm) or larger in diameter at breast height (DBH). 2. Osmunda spectabilis 20 Yes FACW Sapling - Woody plants, excluding woody vines, 3. Woodwardia areolata 10 No OBL approximately 20 ft (6 m) or more in height and less 4 than 3 in. (7.6 cm) DBH. 5. Shrub - Woody Plants, excluding woody vines, 6 approximately 3 to 20 ft (1 to 6 m) in height. 7. Herb - All herbaceous (non -woody) plants, including 8. herbaceous vines, regardless of size, and woody 9 plants, except woody vines, less than approximately 3 ft (1 m) in height. 10. 11. Woody Vine - All woody vines, regardless of height. 70 =Total Cover 50% of total cover: 35 20% of total cover: 14 Woody Vine Stratum (Plot size: 30' Radius ) 1. Smilax bona-nox 10 Yes 2. Berchemia scandens 10 Yes FAC 3. 4. 5. Hydrophytic 20 =Total Cover Vegetation 50% of total cover: 10 20% of total cover: 4 Present? Yes X No X Remarks: (If observed, list morphological adaptations below.) No vegetation on property. Existing house removed and site prepared for new development. ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain -Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: Wetlands Absolute Dominant Indicator Tree Stratum (Plot size: ) % Cover Species? Status Dominance Test worksheet: 1 Number of Dominant Species 2. That Are OBL, FACW, or FAC: (A) 3. Total Number of Dominant 4. Species Across All Strata: (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: (A/B) 7. Prevalence Index worksheet: 8. Total % Cover of: Multiply by: =Total Cover OBL species x 1 = 50% of total cover: 20% of total cover: FACW species x 2 = Sapling/Shrub Stratum (Plot size: ) FAC species x 3 = 1. FACU species x 4 = 2. UPL species x 5 = 3. Column Totals: (A) (B) 4. Prevalence Index = B/A = 5. Hydrophytic Vegetation Indicators: 6. _ 1 - Rapid Test for Hydrophytic Vegetation 7. 2 - Dominance Test is >50% 8. 3 - Prevalence Index is <_3.01 =Total Cover -Problematic Hydrophytic Vegetation' (Explain) 50% of total cover: 20% of total cover: Herb Stratum (Plot size: ) 1. 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub -Woody plants, excluding vines, less 8. than 3 in. DBH and greater than 3.28 ft (1 m) tall. 9. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 12. =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 20% of total cover: height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No Remarks: (If observed, list morphological adaptations below.) ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain -Version 2.0 SOIL Sampling Point: Wetlands Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-8 10YR 5/3 95 7.5YR 5/6 5 RM PL Loamy/Clayey 8-14 10YR 6/3 100 Loamy/Clayey Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _ Histosol (Al) —Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _ 2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 15313, 153D) —Coast Prairie Redox (A16) —Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) _ Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) _ Reduced Vertic (F18) _Organic Bodies (A6) (LRR P, T, U) X Depleted Matrix (F3) (outside MLRA 150A, 15013) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) —Piedmont Floodplain Soils (F19) (LRR P, T) —Muck Presence (A8) (LRR U) _ Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 15313) _ Depleted Below Dark Surface (Al 1) _ Marl (F10) (LRR U) —Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _ Coast Prairie Redox (A16) (MLRA 150A)_ Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) —Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) _ Barrier Islands Low Chroma Matrix (TS7) —Sandy Gleyed Matrix (S4) —Delta Ochric (F17) (MLRA 151) (MLRA 15313, 153D) _Sandy Redox (S5) Reduced Vertic (F18) (MLRA 150A, 15013) _Other (Explain in Remarks) _Stripped Matrix (S6) _Piedmont Floodplain Soils (F19) (MLRA 149A) _ Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) _Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Remarks: Hydric soils present. Soils Mapping information from USDA-NRCS Soils Website. Hydric Soil Present? Yes X No ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC APPENDIX 6 Atlantic Environmental Consultants, LLC November 2023 12 1 Page SATISKY & SILVERSTEIN, LLP ATTORNEYS AT LAW SUITE 201 415 HILLSBOROUGH STREET RALEIGH, NORTH CAROLINA 27603 DAVID C. GADD dgadd@satiskysilverstein.com November 10, 2023 OJC Real Estate III, LLC PO Box 62 Maple, NC 27956 C/O Doug Dorman TEL: 984.269.4879 FAX: 919.790.1560 Re: Offer of 0.25 mitigation credits from the Hidden Lake Wetland Mitigation Bank; Project — 2490 Caratoke Hwy, Moyock NC 27958 Dear Mr. Dorman: I am the attorney for Hidden Lake, LLC. Hidden Lake LLC manages the Hidden Lake Wetland Mitigation Bank in Tyrrell County, North Carolina (the "Bank"), which is designed and constructed to mitigate for non -riparian wetland impacts occurring in the Hydraulic Unit Code 03010205 Service Area in northeastern North Carolina. The US Army Corps of Engineers has issued approval for release of non -riparian wetland credits from the Bank which can be used to satisfy permit requirements of mitigation in the Hydraulic Unit Code 03010205 Service Area. Hidden Lake LLC hereby offers to sell mitigation credits from the Bank for a fixed price of thirty-six thousand five hundred and 00/100 Dollars ($36,500.00) per credit. Upon acceptance of this offer, I will coordinate with the US Army Corps of Engineers to present a Compensatory Mitigation Responsibility Transfer Form, which provides further instruction on the transfer of credits pursuant to the permit. This offer is valid and binding for sixty days from the date stated above. Please let me know if you have any questions. I can be reached at 984-269-4879 or at the address on the letterhead above. Yours truly, David C. Gadd Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC APPENDIX C Atlantic Environmental Consultants, LLC November 2023 131Page United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0015109 Project Name: OJC Real Estate III, LLC November 10, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 11/10/2023 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/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. 11/10/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds • Marine Mammals OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 11/10/2023 4 PROJECT SUMMARY Project Code: 2024-0015109 Project Name: OJC Real Estate III, LLC Project Type: New Constr - Above Ground Project Description: 0.69 acre residential property Project Location: The approximate location of the project can be viewed in Google Maps: https: www.v-oop-le.com/maDs/036.44779645.-76.05549883809485.14z Counties: Currituck County, North Carolina 11/10/2023 5 ENDANGERED SPECIES ACT SPECIES There is a total of 13 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus 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 Aci, and may have additional consultation requirements. Species profile: https:Hecos.fws.gov/ecp/species/4469 STATUS Endangered Proposed Endangered Threatened 11/10/2023 H. BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red -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 rufa 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:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1110 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 11/10/2023 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 Acti and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are bald and/or golden eagles in your project area. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. 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 11/10/2023 8 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 (0) 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 lbs d■■ Jill 11ji ■11I Jill Jill - - - - J1 Jill III Jill Non-BCC ++ ++++ + Vulnerable Additional information can be found using the following links: • Eagle Managment https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-mi rator. • 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/suDDlemental-information-mis7ratorv-birds-and-bald-and-p-olden-eas7les-mav-occur- project-action 11/10/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9587 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 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA https: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 t0 Aug 25 and Alaska. https:Hecos.fws.gov/ecp/species/9406 King Rail Rallus elegans Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 5 and Alaska. https:Hecos.fws.gov/ecp/species/8936 11/10/2023 10 BREEDING NAME SEASON 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:Hecos.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. https:Hecos.fws.gov/ecp/species/9439 Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9478 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. https: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. No Data (—) A week is marked as having no data if there were no survey events for that week. 0 probability of presence breeding season I survey effort — no data 11/10/2023 11 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel +—.— ---+ ++—+ --- -- . . . . - . . — - — — — -- I- - - - - ---- BCC - BCR Non-BCCBald Eagle Vulnerable Jill Jill Jill 111 1 -4-111 Jill Jill ---- Jill Jill Jill Jill NCCatBCRed +-++++++ Jill Jill Jill Jill III- --- ---- --I- BCC angew de +—++ ++++ III Jill Jill Jill Jill Jill ---- (CON) King King Rail BCC Rangewide +-++ +++ + +--- ---' (CON) Prairie warbler ++ BCC Rangewide — — — - - - - - - - - - +- + +--- ---+ (CON) Prothonotary Warbler +—++ ++++ +--- --'+ +'—+ + Jill- - - - - - - - - - - - BCC Rangewide (CON) Rusty Blackbird +-++,+++ +--- ---+ ++-+ +--- - - - - - - - - - - - - ---- BCC -BCR Wood Thrush III i" lik ""' - - - - - - - - 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-mi rator. • 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/suDDlemental-information-mip-ratorv-birds-and-bald-and-p-olden-eap-les-mav-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. 11/10/2023 12 The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. NAME West Indian Manatee Trichechus manatus Species profile: https:Hecos.fws.gov/ecp/species/4469 11/10/2023 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Doug Dorman Address: PO Box 3266 City: Kitty Hawk State: NC Zip: 27949 Email dougdaec@gmail.com Phone: 2525992603 Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC APPENDIX D Atlantic Environmental Consultants, LLC November 2023 141Page North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary D. Reid Wilson November 2, 2023 Doug Dorman Atlantic Environmental Consultants, LLC PO Box 3266 Kitty Hawk, NC 27949 Office of Archives and History Deputy Secretary, Darin J. Waters, Ph.D. dou dg aeckgmail.com Re: Construct single family home, 2490 Caratoke Highway, Moyock, Currituck County, ER 23-2221 Dear Mr. Dorman: Thank you for your letter of October 2, 2023, regarding the above -referenced undertaking. We have reviewed the submittal and offer the following comments. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579 or environmental.reviewgdncr.nc.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898 Nationwide 18 & 58 Permit Requests OJC Real Estate III, LLC APPENDIX E Atlantic Environmental Consultants, LLC November 2023 151Page Permit: 385146 PIN: 004100000770000 Owner: Orville James -Contracting/ Scott Feehley PO Box 62 Maple, NC 27956 Loci 2490 Caratoke Hwy NC 168 At a[ MAR" Rrclpvnt litnrrrl StaviccS M Public Heaftli Applicant: Orvill—Ja es Contracting/ Scott Feehley PO Box 62 Maple,"NC 27956 23 0 1>L Z�L) Sheets Z,�, 7; �tC k;"Vjc-n -t be+ n� S1D' i'1wv' 4Uthorized Agent: 14� Carver, Kevin www,arhs-nc.org Currituck REPAIR LTAR: 0.300 Water: PUBLIC TYPE III G. SINGLE FAMILY GPd: 360 THE AUTHORIZATION FOR WASTEWATER SYSTEM CONSTRUCTION (CONSTRUCTION AUTHORIZATION) SHALL BE VALID FOR A PERIOD OF 60 MONTHS AFTER THE DATE OF ISSUANCE. The issuance of the Improvement Permit or Construction Authorization in no way guarantees the issuance of other local, state or federal permits. Wastewater systems and water supplies shall meet state and/or local regulations. NO CHANGES IN THIS DOCUMENT ARE ALLOWED UNLESS PRIOR APPROVAL IS OBTAINED FROM THE HEALTH DEPARTMENT. IF THE INFORMATION SUBMITTED IN THE APPLICATION FOR THE IMPROVEMENT PERMIT OR CONSTRUCTION AUTHORIZATION IS FOUND TO BE INCORRECT, CHANGED, OR IF THE SITE IS ALTERED, THE IMPROVEMENT PERMIT OR CONSTRUCTION AUTHORIZATION SHALL BECOME INVALID AND MAY BE SUSPENDED OR REVOKED. When contacting the Environmental Health office concerning this document, be sure to know the application number. The number must be used in all inquiries and inspection requests. The Environmental Health Staff can be located at the following telephone numbers between 8:00 a.m. and 8:30 a.m., Monday through Friday, except holidays. The office telephone numbers are: Camden ........................(252) 338-4460 Chowan ........................(252) 482-1199 Currituck .......................(252) 232-6603 'Pasquotank ....................(252) 338-4490 Perquimans ....................(252) 426-2100 Bertie...........................(252) 794-5303 Gates...........................(252) 357-1380 Wastewater system installers are responsible for notifying the Environmental Health offices for final inspections. Wastewater systems must be inspected and approved by a representative of the' Environmental Health staff before any portion of the installation is covered and/or used. ISSUANCE OF AN OPERATIONS PERMIT SHALL INDICATE THE WASTEWATER SYSTEM HAS BEEN CONSTRUCTED TO THE STANDARDS SET FORTH IN THE REGULATIONS, BUT SHALL IN NO WAY BE TAKEN AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORILY FOR ANY GIVEN PERIOD OF TIME. Wastewater systems shall be operated and maintained in such a manner as to not create a public health hazard. Septic tanks should be pumped out every 3 to 5 years by a permitted pumper. Please conserve water! Minimum Distances* Ground Absorption Wastewater Systems to: Private Wells to: 1. Private water supply sources 100, 1. Wastewater systems 100, 2. Public water supply sources fool 2. Building foundations 25' 3. Coastal waters (mean high water mark) 50' 3. Surface waters 50, 4. Streams, canals, marshes, or 4. Property lines to, other surface waters so, 5. Lakes and ponds 50, *Variances can be given on some distances; 6. Groundwater lowering ditches and please call the Environmental Health office devices 25' if you feel a variance is necessary. 7. Embankments or cuts 15, S. Swimming pools 15' 9. Property Lines to, 10. Water lines 10, 11. Building foundations 5' Septic tanks, nitrification fields, and repair areas shall not be located under paved areas or areas subject to vehicular traffic. cmvWw s.ee w+.. yd �ps'^� W. _— _�.LYdd3tl YIILSIS JIld35 � ' , are u.�-ncnu ' cn •.e ed .0 Feu zaK i 7N'+�1�vw.L> lckgi—1PmN6v] `� gd I=asgsaeunj M 'tea eve OW 34 3 51 fit 1 af:.b4��?. "i',h'�{�!;(•±�� � b�� �� ���� �84p6'�S �y6k B g � � � � y�ES+l Elt r. L:eM Ao i ep QpF� g � $FPg� ;. gggg f p LU z F ❑ [ P 1 z e`a tt hill ]its9[�aB 3t "hill a i ..-wms� 1 3 a�--- _.—_--=— I----------- u Rwwm — ,� sayy, .■u fY..tY 1Yr � �/ tiIV�11 H315u�4d35 m■sL y _ '°"'°�a x„■�nx �� �r�'vsaQsg saulvj •M .� �N'A&��ul�o;7'dMwn�o nn ,aus � s �1 Pb1+a20 (� Y0 � V 066� m n a r- TI LAN Vj wx qx I 12, SN • 8 � F- a CO c 'rErzi�� --- -__-_--------- XOQ- -- a Q JAd 0Y4�S .t. 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