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HomeMy WebLinkAbout20240096 Ver 1_Cover Letter & Attachments_Final_2024-01-10_20240110-0- WithersRavenel 1/ Our People. Your Success. January 10, 2024 US Army Corps of Engineers NC Division of Water Resources Wilmington Regulatory Field Office 401 & Buffer Permitting Unit Ms. Katharine Elks Ms. Stephanie Goss 69 Darlington Avenue 1617 Mail Service Center Wilmington, NC 28403 Raleigh, NC 27699 Re: Guy C. Lee Sneads Ferry - NWP 39 PCN Submittal Sneads Ferry, Onslow County, NC USACE AID: SAW-2023-01919 WR Project #23-0747 Dear Ms. Elks and Ms. Goss, On behalf of Guy C. Lee Building Materials, we are requesting authorization from the USACE to use NWP 39, as well as requesting a 401 WQC from NCDWR, for the following impacts: Proposed Impact Table Jurisdictional Type of Acres Square Impact Specification Feature Impact Footage Wetland Permanent Gravel Lay -Down 0.22 9,500 The proposed total permanent impacts to jurisdictional waters requested are 0.22 acres, therefore, the proposed impacts are eligible for authorization under NWP 39. The proposed Guy C. Lee Sneads Ferry project is located on one parcel (PIN: 038282) totaling ±8.86-acres located at 935 Hwy 210, Sneads Ferry, Onslow County (Lat: 34.551448°N; - 77.435892°W). The project is in the White Oak River basin and onsite waters drain to Mill Creek. The Water Quality Classification for Mill Creek is: Class SA; HQW and the Stream Index Number is: 19-39-3- 1. The cataloging unit for the site is 03030001. The proposed project consists of the expansion of the existing construction material storage area for Guy C. Lee Building Materials. Proposed Project The purpose of the proposed project is to expand the existing construction material storage area to increase the available supply of construction materials to meet the existing and growing demand for building materials in Onslow County. The proposed expansion will provide an additional 9,990 sf of construction materials storage. There are four primary reasons driving the need for this expansion project: • Safety - The need for expansion is imminent due to overcrowding in the existing storage area. The storage piles are large and create a hazardous environment for the workers. In the existing storage yard visibility is limited and there are blind turns which increases the potential for an accident. A larger storage yard would create a safer work environment by improving stockpile organization. 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Pittsboro I Raleigh I Southern Pines I Wilmington Guy C. Lee Sneads Ferry Sneads Ferry, Onslow County NWP 39 PCN Submittal WithersRavenel Our People. Your Success. Sales - Due to the increase in the need for building materials and to meet higher demands, material handling and storage needs have increased. Improved storage for building materials will allow more materials to be stored and can provide more stock for customers. Instead of having a series of small material shipments delivered, a larger storage yard can provide room for larger shipments, which can decrease the number of incoming shipments. This decreases the business' carbon footprint and increases the amount of building materials that are in high demand. Efficiency - The existing storage yard is undersized and dangerous. Upgrading the storage yard will allow better organization and increased storage to hold more building materials. Better organization will ease traffic and cause transportation of materials to operate much more efficiently. Improved storage will allow the business to operate more efficiently. Cost - Larger storage areas will increase the amount of building materials available for customers. If more materials are stored onsite, it will increase business efficiency and customers will not have to wait for building materials that are out of stock. A larger storage yard will increase inventory to better keep up with the increase in demand for building materials. Project History WithersRavenel completed a delineation of the project area on June 20, 2023. A signed preliminary jurisdictional determination letter was issued by Katharine Elks on December 22, 2023 (AID: SAW-2023-01919). Please see attached Aquatic Resources Exhibit and USACE Signed PJD Letter. Proposed Impacts The proposed permanent wetland impacts are necessary for the expansion of the storage area to maximize productivity and meet increasing supply and demand. The proposed project will result in 0.22 acres of permanent wetland impacts (Impact W1 - Wetland A) resulting from construction of an additional 9,990 sf of gravel storage area. Proposed wetland impacts are necessary for expansion of the existing construction material storage area. Avoidance and Minimization Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be minimized. Proposed permanent impacts for construction of the gravel storage area have been minimized to provide sufficient storage capacity necessary to supply the additional building materials that have increased in demand. There are no impacts for stormwater control or utilities. The proposed storage area has been designed to impact the outer edge of Wetland A. It should be noted that the portion of Wetland A proposed to be impacted has been historically disturbed. There is currently existing rubble and other debris mixed into the soil profile and the vegetation consists primarily of exotic/invasive species including Chinese privet (Ligustrum sinense) and Japanese wisteria (Wisteria floribunda). Impacts to Wetland A have been minimized to the greatest extent possible while maintaining a feasible site design. Impacts to Wetland Aare unavoidable due to the geographic position of Wetland A in the western portion of the review area. Guy C. Lee Building Materials have used all the uplands within the parcel for their existing storage yard and operations. Prior to this, they have avoided any impacts to wetlands or streams in their current limits of operation. To keep up with the high demand of Page 2 of 4 Guy C. Lee Sneads Ferry WithersRavenel Sneads Ferry, Onslow County 1/ NWP 39 PCN Submittal our People. your Success. building materials, the need for increasing their storage yard is imminent. Since there are no uplands to expand to, this design proposes impacting 0.22 acres of Wetland A to provide the needed additional 9,990 sf of gravel storage area. Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction. areas to prevent sediment from escaping construction will be within uplands. Mitigation Silt fencing will be installed around all disturbed into undisturbed wetlands, and access during The proposed project will result in 0.22 acres of permanent wetland impacts from construction of the gravel storage yard. Because the proposed permanent wetland impacts requested exceed the 0.10-acre mitigation threshold, the applicant proposes to provide wetland mitigation. The applicant proposes to mitigate for the 0.22 acres of permanent wetland impacts at a 2:1 mitigation ratio, resulting in the provision of 0.44 acres of wetland mitigation. WithersRavenel contacted mitigation banks that service the White Oak River 03030001 basin to determine availability of wetland mitigation credits. There are mitigation credits available at WLS Turtle Creek Mitigation Bank. As the official bank sponsor, Water & Land Solutions, LLC has issued a statement of availability letter for the 0.44 acres of wetland mitigation which has been provided as an attachment. Stormwater Management Plan Section 5.3.3 of the NCDEQ stormwater requirements states for additional projects within the 20 Coastal Counties and NOT Within % Mile of Shellfishing Waters that "non-residential properties are required to treat stormwater if the built -upon area is increased by 10,000 square feet." The additional impervious area proposed for material storage at this site does not exceed 10,000 square feet of gravel, and therefore qualifies to be exempt from treating the stormwater any more than is currently present. Please feel free to contact me if you have questions or require additional information to complete your review. Sincerely, WithersRavenel Environmental Scientist hersRavenel Trov Beaslev Director of Natural Resources Page 3 of 4 Guy C. Lee Sneads Ferry Sneads Ferry, Onslow County NWP 39 PCN Submittal Attachments: • PCN Form • Agent Authorization Form • USGS Quads • Aerial Exhibit • Onslow County Soil Survey • Parcel/Owner Exhibit • Aquatic Resource Exhibit • USACE PJD • NCNHP Project Review Letter • USFWS IPaC Species List • Water & Land Solutions, LLC Statement of Availability • Impact Exhibits WithersRavenel Our People. Your Success. Page 4 of 4 ■■ WithersRavenel .. Our People. Your Success. AGENT AUTHORIZATION -0- WithersRavenel 1 0 Our People. Your Success. AUTHORIZATION FOR PROPERTY ACCESS The undersigned owner(s), Vesta Enterprises Inc, do(es) hereby authorize WithersRavenel, Inc. to access the ±8.86-acre parcel, Onslow Co. PIN: 038282, located at 935 Hwy 210, Sneads Ferry, NC for the purpose of environmental regulatory agency review (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, US Fish and Wildlife Service, local Municipalities, etc.) and approvals (i.e. wetland delineation, stream/buffer determination, environmental permitting, etc.) at the request of the contract purchaser. This authorization does not bind the current property owner(s) to financial responsibility for services rendered on the subject property by WithersRavenel, Inc. This agreement shall continue in effect until completion/termination of the purchase contract for the subject property. Contract Purchaser's Agent Info: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Date: 8/28/2023 Signature of Owner(s): Sagan Lampe President Name - Print Title Signature PO Box 1457 Mailing Address Smithfield NC 27577 City State Zip Phone: 919-631-9524 Email: sagan@vestaenterprises.com 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 1 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington -0 WithersRavenel / Our People. Your Success. AUTHORITY FOR APPOINTMENT OF AGENT The undersigned contract purchaser, Guy C. Lee (Client) does hereby appoint WithersRavenel. Inc. as his, her, or it's agent for the purpose of petitioning the appropriate local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for: a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas (wetlands, streams, riparian buffers, etc.) and/or; b) preparation and submittal of appropriate environmental permit applications/requests for the Guy C. Lee Project consisting of: ±8.86- acre Parcel, Onslow, Co. PIN: 038282 located at 935 Hwy 210 Sneads Ferry, NC The Client does hereby authorize that said agent has the authority to do the following acts on behalf of the owner: (1) To submit appropriate requests/applications and the required supplemental materials; (2) To attend meetings to give representation on behalf of the Client. (3) To authorize access to subject property for the purpose of environmental review by appropriate regulatory agencies. This authorization shall continue in effect until completion of the contracted task or termination by the Client. Agent's Name, Address & Telephone: WithersRavenel, Inc. 115 MacKenan Drive Cary, NC 27511 Tel. (919)-469-3340 Date:Qjr2A �2G2 Mailing Address 5 City Stat— e Zip Phone:_��err Email: 115 MacKenan Drive I Cary, NC 27511 t: 919.469.3340 f: 919.467.6008 1 www.withersravenel.com I License No. F-1479 Asheville I Cary I Charlotte Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines I Wilmington ::WithersRavenel Our People. Your Success. USGS QUADS - ' GRAPHIC SCALE ILI 0 1000 2000 1 inch = 2000 ft. my Ce -� 1, i f 25• ti i�, a ri a - 210 l � �44 r,n REVIEW AREA y` 172 CDI�N7 py CLU a^` x71 -3i ems- 10 ?s StjoRE DR I�C+Q❑ PCSg� E : IV S i x !7-. �\DGFPOgp SREANWAT£R pR: a p�11 FtlLKSTONE RU - - y ❑ x .OLD FOLFESTONE RD C- 935 HWY 210 USGS (2022) - SNEAKS FERRY .. WllthersRavenel SNEADS FERRY ONSLOWCOVNTY NDRTHCAROLINA 11 GRAPHIC SCALE 0 250 500 1 inch = 500 ft. �5 IQ --,\_ IN 0 J 5 nz - REVIEW AREArk GDt cf, I1 Oldp 935 HWY 210 USGS (2022) - SNEADS FERRY III NO WithersRavenel Engineers I Planners I Surveyors ::WithersRavenel Our People. Your Success. AERIAL EXHIBIT GRAPHIC SCALE 0 75 150 1 inch = 150 ft. iL Q42 1 \ REVIEW AREA _ —43 �- 1� —45 32 —3F I PIK } II 935 HWV 210 III AERIAL (2023) III G Ergir��is � Fl�r r�r=_ � WithersRavenel II �Lr: �� �r=_ SNEADS FERRY ONSLOWCOVNTY fJORTHCAROUNA ::WithersRavenel Our People. Your Success. ONSLOW COUNTY SOIL SURVEY "A GRAPHIC SCALE V 0 250 500 M I inch 500 ft. E PH N. A -v 084 t� 'k q� iwx N 7. ?A IF - A.; 'AU 9' 7 M, 'Al M 14 -1 - Ix REVIEW AREA IF yr mw% 'kl lb. vzo 6m 4. 49 *cp A4 Itl .......... k I935 HWY 210 IJONSLOW CO. SOIL SURVEY (1992) - SHEET 51 11 NO WithersRavenel SNEADS FERRY ONSLOWCOUNTY NORTHCAROLINA 410 ■■ WithersRavenel .. Our People. Your Success. PROPERTY OWNER EXHIBIT GRAPHIC SCALE ❑ 75 15❑ 1 inch = 150 ft. REVIEW AREA ONSLOW CO. PIN: 038282 VESTA ENTERPRISES INC 235 E MARKET STREET SMITHFIELD, NC 27577 #8.86-ACRES 935 HWY 210 PROPERTY OWNER EXHIBITIIF :i WithersRavenel Engineers I Planners I Surveyors ::WithersRavenel Our People. Your Success. AQUATIC RESOURCES EXHIBIT & SIGNED PJD LETTER (SAW-2023-01919) Electronic Transmittal U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-01919 County: Onslow U.S.G.S. Quad: NC-Sneads Ferry NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Vesta Enterprises Inc. Sap -an Lampe Address: P.O. Box 1457 Smithfield, NC 27577 Telephone Number: 919-631-9524 E-mail: saaan(a,vestaentenwises.com Size (acres) 8.86 acres Nearest Town Sneads Ferry Nearest Waterway Mill Creek River Basin Onslow Bav USGS HUC 03020302 Coordinates Latitude: 34.551448 Longitude:-77.435892 Location description: The project is located at 935 NC Highway 210 in Sneads Ferry, Onslow County, North Carolina. PIN: 038282 Indicate Which of the Following Appl A. Preliminary Determination ® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/30/2023. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 Form Version 10 June 2020_updated SAW-2023-01919 ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Katharine Elks at (910) 251-4567 or katharine.b. elks(&usace. army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 12/22/2023. D. Remarks: None E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 Phone: (404) 562-5136 AND PHILIP.A. SHANNIN&USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by Not applicable. SAW-2023-01919 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Digitally signed by Katharine Elks Corps Regulatory Official: Katharine Elks Date: 2023.12.22 10:11:29-05'00' Date of JD: 12/22/2023 Expiration Date of JD: Not applicable The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htlps://re ug latoly.ops.usace.i!M.mil/customer-service-survey/. Copy Furnished: Alyssa Ricci — WithersRavenel, (agent) GRAPHIC SCALE \ \ 1 \ \ 0 75 150 \\\ \ 1 inch = 150 ft. REVIEW AREA I J \ J � DP-1 &2 � �-- 1 WETLAND A J �\ POTENTIAL WETLAND WATERS OF THE US I� #1.53-ACRES i r ON 14. NOTES: 1) WETLAND DELINEATION PERFORMED BY WR ON 6/20/2023. 2) LOCATIONS ARE APPROXIMATE, BASED ON GPS LOACATION, ONSLOW COUNTY GIS DATA, AND TOPOGRAPHIC 1 INTERPRETATION. J II935 HWY 210 III AQUATIC RESOURCE EXHIBIT III 1� Engineers � Planners � Surveyors WithersRavenet II SNEADS FERRY ONSLOW COUNTY NORTH CAROLINA PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 12/22/2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Vesta Enterprises Inc., Sagan Lampe, P.O. Box 1457, Smithfield, NC 27577 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 935 Hwy 210 Sneads Ferry, SAW-2023-01919 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located at 935 NC Highway 210 in Sncads Ferry, Onslow County, North Carolina. PIN: 038282 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Onslow City: Sneads Ferry Center coordinates of site (lat/long in degree decimal format): Latitude: 34.551448 Longitude:-77.435892 Universal Transverse Mercator: Name of nearest waterbody: Mill Creek F. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑X Office (Desk) Determination. Date: 12/22/2023 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Wetland A 34.552048743 -77.436223674 1.53 ac Wetland Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C_F_R_ Part 331 _ If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: A. Ricci - WithersRavenel Map: ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ®U.S. Geological Survey map(s). Cite scale & quad name: USGS (2022) — Sneads Ferry 1:24K ® Natural Resources Conservation Service Soil Survey. Citation: Onslow Co. Soil Surve(1992) — Sheet 51 ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): Aerial (2023) - NConemap or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by Katharine E I kS Katharine Elks 023.12.22 10:12:04 Alyssa Ricci - WithersRavenel OS 00' Authorized Agent — 9/25/2023 Signature and date of Regulatory Signature and date of person staff member completing PJD requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. ::WithersRavenel Our People. Your Success. USFWS IPaC SPECIES LIST 12/1/23, 3:27 PM IPaC: Explore Location resources IPaC U.S. Fish & Wildlife Service IPaC resource list This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS)jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly affected by activities in the project area. However, determining the likelihood and extent of effects a project may have on trust resources typically requires gathering additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed activities) informati6n. Below is a summary of the project information you provided and contact information for the USFWS office(s) with jurisdiction in the defined project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section. Location Onslow County, North Carolina Local office Raleigh Ecological Services Field Office t. (919) 856-4520 JEJ (919) 856-4556 https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 1/18 12/1 /23, 3:27 PM MAILING ADDRESS IPaC: Explore Location resources Post Office Box 33726 Raleigh, NC 27636-3726 PHYSICAL ADDRESS 551 Pylon Drive, Suite F Raleigh, NC 27606-1487 • I- . 0011\� https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 2/18 12/1/23, 3:27 PM IPaC: Explore Location resources Endangered species This resource list is for informational purposes only and does not constitute an analysis of project level impacts. The primary information used to generate this list is the known or expected range of each species. Additional areas of influence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly affected by activities in that area (e.g., placing a dam upstream of a fish population even if that fish does not occur at the dam site, may indirectly impact the species by reducing or eliminating water flow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential effects to species, additional site -specific and project -specific information is often required. o* Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local office and a species list which fulfills this requirement can only be obtained by requesting an official species list from either the Regulatory Review section in IPaC (see directions below) or from the local field office directly. <1 V il For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an official species list by doing the following: 1. Draw the project location and click CONTINUE. 2. Click DEFINE PROJECT. 3. Log in (if directed to do so). 4. Provide a name and description for your project. S. Click REQUEST SPECIES LIST. Listed speciesi and their critical habitats are managed by the Ecological Services Program of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries). Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under theirjurisdiction. 1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ). https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 3/18 12/1 /23, 3:27 PM IPaC: Explore Location resources 2. 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. The following species are potentially affected by activities in this location: Mammals NAME Northern Long-eared Bat Myotis septentrionalis Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/10515 NAME STATUS Endangered Proposed Endangered;0� STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/6039 Red -cockaded Woodpecker Picoides borealis Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/7614 Rufa Red Knot Calidris canutus rufa Threatened Wherever found There is proposed critical habitat for this species. https://ecos.fws.gov/ecp/species/1864 Reptiles https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 4/18 12/1/23, 3:27 PM IPaC: Explore Location resources NAME STATUS American Alligator Alligator mississippiensis SAT Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/776 Green Sea Turtle Chelonia mydas There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Wherever found There is proposed critical habitat for this species. https://ecos.fws.gov/ecp/species/5523 Threatened Endangered Leatherback Sea Turtle Dermochelys coriacea Endangered Wherever found 1w There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/1493 X Loggerhead Sea Turtle Caretta caretta Threatened There is final critical habitat for this species. Your location does not overlap the critical habitat. https://ecos.fws.gov/ecp/species/1110 Insects. \1 NAME mom' Monarch Butterfly Danaus plexippus Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Cooley's Meadowrue Thalictrum cooleyi Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecptspecies/3281 STATUS Candidate STATUS Endangered https://ipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 5/18 12/1/23, 3:27 PM IPaC: Explore Location resources Pondberry Lindera melissifolia Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/1279 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered Wherever found No critical habitat has been designated for this species. https://ecos.fws.gov/ecp/species/2747 Critical habitats Potential effects to critical habitat(s) in this location must be analyzed along with the endangered species themselves. There are no critical habitats at this location. You are still required to determine if your project(s) may have effects on all above listed species. "SO 44 -0 Bald & Golden Eagles Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' 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. Additional information can be found using the following links: • Eagle Managment https://www.fws.gov//program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take- migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation- measures.pdf https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 6/18 12/1 /23, 3:27 PM IPaC: Explore Location resources • 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 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. 1111_1AII Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Probability of Presence Summary BREEDING SEASON Breeds Sep 1 to Jul 31 The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( ) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 7/18 12/1 /23, 3:27 PM IPaC: Explore Location resources 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. TheM number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe ,Y Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. 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 �111 11�I III IIII 111� I II II�� IIII IIII III �� I I Vulnerable What does IPaC use to generate the potential presence of bald and golden eagles in my specified location? The potential for eagle presence is derived from data provided by the Avian Knowledge Network (AKN).. The AKIN data is based on a growing collection of survey., banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply). To see a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs of bald and golden eagles in my specified location? https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 8/18 12/1 /23, 3:27 PM IPaC: Explore Location resources The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey., banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Please contact your local Fish and Wildlife Service Field Office if you have questions. Migratory birds C.S.IX Certain birds are protected under the Migratory Bird Treaty Act' 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 habitats3 should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 'k-.0 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. Additional information can be found using the following links: • Eagle Management https://www.fws.gQv//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 The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 9/18 12/1 /23, 3:27 PM IPaC: Explore Location resources this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. 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 0 present and breeding in your project area. NAME BREEDING SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA https://ecos.fws.gov/ecp/species/9587 American Oystercatcher Haematopus palliatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8935 `, Bachman's Sparrow Aimophila aestivalis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/6177 Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Black Skimmer Rynchops niger This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/5234 Breeds Apr 15 to Aug 31 Breeds May 1 to Sep 30 Breeds Sep 1 to Jul 31 Breeds May 20 to Sep 15 https://ipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 10/18 12/1 /23, 3:27 PM Brown -headed Nuthatch Sitta pusilla IPaC: Explore Location resources Breeds Mar 1 to Jul 15 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Coastal (wayne s) Black -throated Green Warbler Setophaga virens waynei This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Eastern Whip -poor -will Antrostomus vociferus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Mar 15 to Aug 25 Breeds May 1 to Aug 15 4*W*& 4 Breeds May 1 to Aug 20 E 9A Gull -billed Tern Gelochelidon nilotica Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9501 Lesser Yellowlegs Tringa flavipes A Breeds elsewhere This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/9679 Painted Bunting Passerina ciris Breeds Apr 25 to Aug 15 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 11/18 12/1/23, 3:27 PM IPaC: Explore Location resources Ruddy Turnstone Arenaria interpres morinella Breeds elsewhere This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Swallow-tailed Kite Elanoides forficatus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8938 Willet Tringa semipalmata This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Probability of Presence Summary Breeds Mar 10 to Jun 30 Breeds Apr 20 to Aug 5 .n� 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 and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4- week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. % How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 12/18 12/1/23, 3:27 PM IPaC: Explore Location resources probability of presence score. To see a bar's probability of presence score, simply hover your mouse cursor over the bar. Breeding Season( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort ( ) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. To see a bar's survey effort range, simply hover your mouse cursor over the bar. No Data (—) A week is marked as having no data if there were no survey events for that week` 0 Survey Timeframe � .1� Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrelian �� +®+ 11+1 III I1 I I� BCC -BCR American�- 1+ l+--1 + ++++'+�+ �+�+ Oystercatcher u�r �.�� v �� Albimi BCC Rangewide (CON) Bac an`'s + ++++ Sparrow 1111", =I--�� BCC Rangewide (CON) Bald Eagle Non -BCC �111 IIII IIII IIII IIII I II III, IIII IIII IIII ''.I .1I Vulnerable Black Skimmer 11 1 1 Jill IIII Jill Jill I- 1 1 1 1 1, I I I I 1 1 1 1 I' l l 1 1- 1 - 1- 1 BCC Rangewide (CON) Brown -headed IIII 11�1 IIII IIII I11� I II II�� IIII IIII IIII ���I �� I Nuthatch BCC - BCR https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 13/18 12/1/23, 3:27 PM IPaC: Explore Location resources Chimney Swift I ++ ++++ ++++ I I I TT++ ++++ ++++ ++++ ++++ ++—++�+ BCC Rangewide (CON) Coastal ++++ ++++ ++++ ++'+ ++++ +.++ ++++ ++++ ++++ ++++ ++—+ —+—+ (wayne s) Black -throated Green Warbler BCC - BCR Eastern Whip- ++++ ++++ ++++ +++i +++4. +.++ ++4-4. ++++ ++++ ++++ ++—+ —+—+ poor -will BCC Rangewide (CON) Gull -billed Tern ++++ ++++ ++++ +++''lll Jill'I ++++ ++++ ++ ++ ++�+ +�+ BCC Rangewide (CON) Lesser ++++ ++++ ++++ ++++ ++++ +—++ ++++ ++++ ++'+ +++ + + Yellowlegs BCC Rangewide (CON) Painted Bunting 1+ — BCC - BCR SPECIES JAN FEB MAR APR MAY J JUL AUG SEP OCT NOV DEC Prairie Warbler BCC Rangewide ++++ ++++ ++++++ L +11+ (CON) Prothonotary ++++ +++ +'++ ++++ +++ —+ ——+ Warbler '"I�"'� + 4-4--++ BCC Rangewide (CON) Oq Red-headed Woodpecker BCC Rangewide (CON) Ruddy ++++ ++++ ++++'+" 11" 4 1 + +++""' "'"+" +'—+ -+-+ Turnstone BCC - BCR Swallow-tailed ++++ ++++ ++++ ++++ ++A I I ++ ,+++ ++++ ++++ ++++ ++—+ —+—+ Kite BCC Rangewide (CON) C BC '�+1 1++1 +111 1111 1111 1111 1111 1111 1111 1111 1111 11'' BCC Rangewide (CON) Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 14/18 12/1 /23, 3:27 PM IPaC: Explore Location resources Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC), and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. _4P Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey., banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. V� How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 15/18 12/1 /23, 3:27 PM IPaC: Explore Location resources 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. A ( N" Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 16/18 12/1/23, 3:27 PM IPaC: Explore Location resources Facilities National Wildlife Refuge lands 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 at this location. Fish hatcheries There are no fish hatcheries at this location. Wetlands in the National Wetlands Inventory (NWI) <1 P.00 Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. This location overlaps the following wetlands: FRESHWATER FORESTED/SHRUB WETLAND PF04/1 Ad A full description for each wetland code can be found at the National Wetlands Inventory_ website https://ipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 17/18 12/1 /23, 3:27 PM IPaC: Explore Location resources NOTE: This initial screening does not replace an on -site delineation to determine whether wetlands occur. Additional information on the NWI data is provided below. Data limitations The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland boundaries or classification established through image analysis. The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata should be consulted to determine the date of the source imagery used and any mapping problems. Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be occasional differences in polygon boundaries or classifications between the information depicted on the map and the actual conditions on site. Data exclusions Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of their depth, go undetected by aerial imagery. Data precautions Irop, 01?44b Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such activities. https:/iipac.ecosphere.fws.gov/location/ZWNV2EA3CJAAJEN2DAGXOZD4RA/resources 18/18 ■■ WithersRavenel .. Our People. Your Success. NCNHP PROJECT REVIEW LETTER Roy Cooper, Governor �■■EW INC DEPARTMENT CF ■■mom NATURAL AND CULTURAL RESOURCES 0 ■■■ December 1, 2023 Rick Trone Withers & Ravenel 115 MacKenan Drive Cary, NC 27511 RE: Guy C. Lee Sneads Ferry; 23-0747 Dear Rick Trone: D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-24176 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecod--=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritageWdncr.nc.aov. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES p 121 1N. JOr,4ES STREET. RALEIGH. NC 27603 * 16S1 HAIL SERvICE CENTf R, RALEIGH, rfr_ 27G9!) 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Our People. Your Success. STATEMENT OF AVAILABILITY FOR WETLAN D MITIGATION 4 WATER & LAND SOLUTIONS WLS Turtle Creek Mitigation Bank Statement of Availability December 20, 2023 NC DEQ DWR Holly Snider Wilmington Regional Office Holly.Snider@deq.nc.gov U.S. Army Corps of Engineers Katherine Elks Raleigh Regulatory Field Office 3331 Heritage Trade Center, Suite 105 Wake Forest, NC 27587 Re Project: Guy C. Lee (WR#23-0747) This document confirms that Dawn Glover, (Applicant) for the Guy C. Lee Site (Project) has expressed an interest to utilize 0.44 Riparian Wetland Mitigation Credits from the Water & Land Solutions, LLC sponsored WLS Turtle Creek Mitigation Bank, specifically 0.44 wetland credits from the Turtle Creek Mitigation Bank, in the White Oak HUC 03030001. As the official Bank Sponsor, Water & Land Solutions, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 352-874-7370 Best Regards, Kae Hovater Water & Land Solutions, LLC 7721 Six Forks Road, Suite 130 Raleigh, NC 27615 ::WithersRavenel Our People. Your Success. I M PACT EXHIBITS su--" . qd.m— Jaua'nebsjap/\A ON 1 Ay1-M-IN0109VSZ 3N'ANM33SOV3NSIIZAMHSE6 �g a>u ?ol / s E °zr 33l'�1�f19°o �. _-, 5 esu_ O llvawiaNvuiM a" o 0 3 W y w Q � O ¢ i r � 9b � �st�^= oOo °000 o o ... I oo°°°oo°� ° ;00� . . ` . . . .� * . . . . / la7 \ / / H an' J w �oeo, \ I I \ C.