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HomeMy WebLinkAbout20201996 Ver 2_Falls Mist IP Supplemental Information 1-17-24_202401170 SEO'1z4 Falls Mist Standard Permit Supplemental Information USACE AID 9 SAW-2021-00250 DWR PN 20201996 Prepared for: Rocky Point Properties, LLC 332 Military Cutoff Rd. Wilmington, NC 28405 910-251-5030 Prepared by: Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 910.452.2711 Date: 15 January 2024 Falls Mist Supplemental Information SEGi:* Table of Contents Section Title Page I. Introduction 3 II. Site and Surrounding Area Information 3 A. Site Location and Surrounding Area 3 B. Existing Conditions 3 C. Adjacent Property Owner Information 4 III. Purpose and Need 4 IV. Project Description 4 V. Alternative Analysis 5 A. Offsite Alternative Analysis 5 B. Onsite Alternative Analysis 6 i. Alternative 1 6 ii. Alternative 2 6 iii. Alternative 3 7 iv. Alternative 4 7 V. Alternative 5 7 vi. Alternative 6 7 VI. Mitigation Proposal 7 VII. Conclusion 7 5a15 South College Road, Suite E Wilmington, North Carol i n a 28412 910.452.2711 • otticeeseg i.us • w .seg i.us Falls Mist Supplemental Information S E G I * I. Introduction Rocky Point Properties, LLC is proposing to develop two parcels of land, encompassing approximately 218 acres of mostly historically used agricultural land and undeveloped, wooded land and includes Pender County parcel identification numbers 3234-24-6900-0000 (TRI), 3234-38-5366-0000 (TR2) and 3234-53-1216-0000 (TR3) (see Appendix A). The development entails installing roads and infrastructure, such as water lines, community septic system and stormwater system, which will support a 563 lot, residential subdivision, to be called Falls Mist (see Appendix B). To facilitate the construction of the subdivision, approximately 0.69-acre of Waters of the US (WoUS), including wetlands and jurisdictional ditches will be permanently filled. In accordance with 33 CFR Part 320, a Department of the Army Standard Permit is required for the proposed impacts to waters of the US (WoUS). This document is meant to provide the required information to be submitted as part of the permit application, as outlined in 33 CFR Part 323, and to demonstrate the project is the least environmentally damaging, practical alternative (LEDPA). II. Site & Surrounding Area Information A. Location & Surrounding Area Information The project site is located off NC Highway 117, in the Rocky Point area of Pender County, which is located approximately 15 miles north of the Wilmington, NC metropolitan area (see Appendix Q. The wetland boundary, on the west side of Turkey creek, defines the western and a portion of the southern property boundaries, while the abutting Falls Brook Subdivision, residential dwellings, and timberland outline the remainder of the southern property boundary. An unnamed tributary defines the northern property border, and the abutting residential lots outline the eastern property line (see Appendix A). The area is an up and coming place to live, in Southeastern North Carolina, due to its close proximity to Wilmington and access to I-140, as well as the fact that there are very few large tracts of land left in New Hanover County, which has led to urban sprawl. Rocky Point Elementary School, Cape Fear Middle School, and Heide Trask Senior High School are all within 3 miles of the site (see Appendix D). The project area is zoned Rural Residential (RU) by Pender County (see Appendix E). RU is also the recommended use as per the county's Comprehensive Land Use Plan (see Appendix F). In this area, the County is to consider increasing development intensity and uses at primary rural roadway intersection, in accordance with the future land use plans. Municipal sewer service is not available in this area, but water lines are in place along Hwy 117 and Hwy 210 and available for hook up. Pender County, as part of their updated 2021 Collector Streets Plan, identifies the area as a candidate for a collector road system (see Appendix G). The collector street corridors are those areas where recommendations are made in advance of known funding and, therefore, the plan can guide future transportation projects as funding becomes available. As most collector streets will be constructed as part of new developments, these streets are typically funded from private sources. In 2008, 0.18-acre of WoUS impact was approved through the US Army Corps of Engineers (USACE — SAW number unknown) and DWR PN 20090002 (see Appendix H), for a portion of Tract 1. However, the recession hit, and the project was put on hold before the project began. During that time, the applicant acquired three additional tracts (see Appendix A), and in 2022 secured USACE and DWR authorizations, under SAW-2021-00250 and DWR PN 20201996 (see Appendix H) to permanently 0.386 AC of WoUS, for the construction of Falls Garden and Phase 2 Falls Mist subdivision. B. Existing Site Conditions The project site is mostly flat uplands that were historically utilized for forestry and agriculture. The land drains to the Headwater Forest (HWF) wetlands that abut Turkey Creek, a C;sw warm water stream, and the unnamed tributaries off of Turkey Creek, also classified C;sw, via sheet flow and through approximately 4444 linear feet of ditches (i.e., relatively permanent waters (RPW)) that run along the eastern property line and bisect the project area in several locations. In total, approximately 8108 linear feet of warm water streams and 69.06 acres of Section 404 wetlands exist within the project area. Please refer to Appendix X for details of the waters of the US (WoUS) within the project site (see Appendix I). • 5315 South College Road, Suite E Wilmington, North Carolina 28412 3 910.452.2711 • office@segi.us • www.segi.ua Falls Mist Supplemental Information S EG I Soils within the HWF are mapped as Mucaklee (Mk), while the upland area is mapped, Grifton loamy fine sand (Gt), Goldsboro fine sandy loam (GoA), Foreston loamy fine sand (Fo), Marvin and Craven (McC) and Norfolk loamy fine sand (NoA). Please refer to Appendix J for more details. According to the US Fish and Wildlife Service (FWS) Information for Planning and Consultation (IPaC) the Red Cocaded Woodpecker (RCW) and the Northern Long-eared Bat (NLEB) are both listed as potentially being within the project area (see Appendix K). A Consistency Letter has been issued for the NLEB, and the RCW SLOPES Form has been completed. Both are attached as Appendix L and M respectively. No part of the proposed project is located within either a 100 year flood zone or an area designated as a National Historic Place (see Appendices N and O). Furthermore, there are no structures within the project area, and no potential historic or archeological sites were identified on the NC State Historic Preservation Office's website (see Appendix O). C. Adjoining Property Owner Information The project site is surrounded by undeveloped land, farm fields, silviculture land, and single family, residential development. Pender County has water lines in place along NC Highway, 117, 210 and 133, all two laned roads. The following table provides the current owner information and usage for those properties that abut the project limits: Map # Owner Use PIN 1 WILLIAMSON, DECAROL TRUSTEE Vacant/Wooded 3234-36-4625-0000 2 BROWN, GEORGE RJR Vacant/Wooded 3234-44-1991-0000 3 PETERSON, JOYCE BEVERLY Vacant/Wooded 3234-53-1971-0000 4 TU CSKI INC Vacant/Wooded 3234-52-3499-0000 5 FALL BROOK HOA INC Vacant/Wooded/Common Area 3234-52-1758-0000 6 HARVEY, JESSE Single Family Dwelling 3234-42-9925-0000 7 LUPYAN, KEEGAN M Single Family Dwelling 3234-43-7123-0000 8 FALL BROOK HOA INC Single Family Dwelling 3234-42-6725-0000 9 BYRD, BERTICE RAYJR Single Family Dwelling 3234-43-1092-0000 10 FALL BROOK HOA INC Vacant/Wooded/Common Area 3234-43-0114-0000 11 DAVIS, CLAIRE JANE RAMSEY Single Family Dwelling/Partially Wooded 3234-32-6845-0000 12 KERR, EDMUND ALONZO III Single Family Dwelling/Partially Wooded 3234-32-0806-0000 13 WEYERHAEUSER COMPANY Silviculture Land 3234-11-4021-0000 14 FURR, DANIEL SCOTT JR Vacant/Borrow Pond/Mostly Wooded 3234-05-3106-0000 15 NO TAX INFORMATION AVAILABLE Farming/Partially Wooded 3234-16-6729-0000 16 JARRELL, CATHERINE Single Family Dwelling/Partially Wooded 3234-17-8642-0000 17 MORTON, DONALD EUGENE Single Family Dwelling/Partially Wooded 3234-27-1596-0000 Table I Adjoining Property Owner Information Please see Appendix P for adjoining property owner's mailing addresses. The attachment can be provided in Microsoft word label format upon request. III. Purpose and Need The purpose of this project is to provide single family homes, within the Rocky Point Township, which is in Pender County, North Carolina, and an area where the demand for housing is very high. IV. Project Description The project entails clearing vegetation, which is mostly comprised of herbaceous vegetation, within the old farm fields on Tract 1, and woody vegetation from select areas, specifically where roads and infrastructure are to be installed, within Tracts 1 and 2. As part of the project, 19 separate impacts that will entail placing clean earthen fill within approximately 0.47-acre of Bottomland Hardwood Forest (BHWF) and installing reenforced concrete pipe or rip rap into 0.0127-acre of warm water stream (WWS) bed. The impacts are necessary to facilitate the construction of 6 road crossings, with utilities within the right-of-way, and building pads for numerous dwellings. Please see Appendix B for details of the proposed impacts. The table, on the following page, summarizes those proposed r 5315 South College Road, Suite E Wilmington, INorth Carol i n a 28412 4 910.452.2711 • otticeeseg i.us • w .seg i.us Falls Mist Supplemental Information S E G I * impacts: Impact Area Wetland (SF/AC) Stream (LF/SF/AC) RPW(Mtch) Temp (T) /Perm (P) Purpose Wetland Type W1A 1651SF/0.038AC P Road B Crossing BHWF W113 1659 SF / 0.038 AC P Road B Crossing BHWF W2 5472 SF / 0.13 AC P Road A Crossing BHWF W3 3950 SF / 0.09 AC P Road K Crossing BHWF W4 1986 SF / 0.05 AC P Road B Crossing BHWF W5 1481SF/0.03AC P LOT 443FILL BHWF W6 908 SF / 0.02 AC P Road B Crossing BHWF W7 1054 SF / 0.02 AC P Road B Crossing BHWF W8A 950 SF / 0.021 AC P Road A Crossing BHWF W813 1262 SF / 0.029 AC P Road A Crossing BHWF S1A 60 LF / 240 SF / 0.0055 AC P Culvert Road B WWS (Avg. 3') S113 20 LF / 80 SF / 0.0018 AC P Dissipator Road B WWS (Avg. T) S2A 60 LF / 180 SF / 0.0041 AC P Culvert Road A WWS (Avg. 4') S213 20 LF / 60 SF / 0.0013 AC P Dissipator Road A WWS (Avg. 4') D1 2300 SF / 0.05 AC P Lots 460-467 / Road RPW (Avg. 3') D2 850 SF / 0.02 AC P Lots 471-472 RPW (Avg. 3') D3-A 1785 SF / 0.04 AC P Lots 446,564/Road A RPW (Avg. 3') D3-13 735 SF / 0.017 AC P Stormwater pond RPW (Avg. 3') D3-C 3375 SF / 0.077 AC P Lots 248-9, 237-8, 268-9, 283 and 383, Septic Repair Field, Roads RPW (Avg. 3') D3-D 369 AF / 0.008 AC P Stormwater pond RPW (Avg. 3') D4 180 SF / 0.01 AC P Road A RPW (Avg. 3') D5 426 SF / 0.009 AC P Stormwater Pond PRW (Avg. 3') Total 0.47 160 LF/ 560 SF /0.0127 AC 0.21 AC Total WoUS Impacts 0.6927 AC Table 2. Falls Mist WoUSlmpact Table V. Alternative Analysis: Alternatives that are practicable are those that are available and capable of being undertaken, after considering cost, logistics and existing technology are part of the Standard Permit process. Thus, comprehensive off -site and on -site alternatives analysis has been conducted. Section 404(b)(1) guidelines were relied upon, to perform the analysis. When evaluating off -site alternatives, considerations, such as the presence, quantity and quality or functional value of wetlands and/or other waters of the U.S.; the presence of any federally listed Threatened and/or Endangered Species (TE) or their Critical Habitat (CH); state listed Threatened and/or Endangered Species (STE), or other natural or regionally important resource factors that may be significantly impacted, such as historical and archeological resources were evaluated. A. Off -site Alternatives Current Pender County Zoning and Comprehensive Future Land Use Maps, USGS topographic map, USDA Pender County Soil Survey, the National Wetland Inventory Map, historical aerial photography, and available land use records were utilized, to best determine if a specific alternative site met some or all of the following criteria: 1. Available for acquisition, 2. Located within the Rocky Point area of Pender County, 3. Not in a flood zone, 4. Provides sufficient buildable area (i.e., uplands) for at least 500 homes (i.e., from 200-300 acres), 5. Available water connection, 6. Ability to provide municipal or community sewer service, 7. Zoned residential, 8. Close to schools, 9. Within close proximity to the City of Wilmington (i.e., within 30 minutes' drive time), 10. Has connection to a DOT maintained road, and 11. Capable of providing multiple entrances, to satisfy EMS requirements. Zillow was utilized to locate tracts that were listed for sale as of the date of this application. The map generated 10 • 5315 South College Road, Suite E Wilmington, North Carolina 28412 5 910.452.2711 • office@segi.us • www.segi.us Falls Mist Supplemental Information S EG I tracts for sale within the Rocky Point zip code (i.e., 28457), which consisted of lots from 0.10-acre to 130 acres (see Appendix Q). Therefore, SEGi increased the minimum sale price to $500k, which reduced the number of listings to four (see Appendix Q). Table 4, below, summarizes those sites for practicability. Practicability Criterion Preferred Site Alternative Site 1 Alternative Site 2 Alternative Site 3 Alternative Site 4 Factor Alternative Availability Available for The Applicant has Yes Yes Yes Yes Acquisition owned the property since 2008. Logistics Parcel Size (200— The site is approx. No No — Failed Screen No —Failed Screen No — Failed Screen 300 AC) 218 acres Appropriate The property is Yes Yes Yes Yes Zoning zoned residential Availability of Water is supplied Yes Yes Yes Yes Utilities through Pender Co. Rocky Point Adequate Access Access off Lake Access off Cheshire Access off SR 133 No — Failed Screen Access off NC 117 Drive Rd. Technology Topography and Wetlands are Wetland coverage is Wetlands are present Wetlands are present Wetlands are present Other Site present extensive — Failed Conditions for Screen Development Cost Reasonable The Applicant No No No No Acquisition Cost owns the property Location Within in the The site is within Rocky Point Area, 15 minutes, within close proximity to 3 miles of schools Yes No — Failed Screen Yes Yes Wilm and schools and not within and not within a flood zone flood zone Table 4. Alternative Site Practicability Analysis After evaluating the four listed tracts, it was determined none of them met the minimum size requirement. SEGi then explored other real estate listing sites, such as Realtor.com and LandSearch.com, neither of which generated any available tracts of land, within the Rocky Point area, that were not found via Zillow and met the size requirement. Therefore, all the alternative sites were rejected. The Preferred Alternative Site contains sufficient upland, buildable area to accommodate at least 500 lots with infrastructure and roads, and it is within 3 miles of elementary, middle, and senior high schools and within 15 miles of Wilmington. Additionally, the project site is of sufficient size to provide private community sewer service. Lastly, the Applicant has owned the property for many years and has invested a significant amount of time and money to vet it. If not but for the 2008 recession, the project would have been completed by now. Therefore, the proposed site is the only alternative that was accepted. B. On -Site Alternatives Analysis The following alternatives were explored: i. Alternative I — Utilization of other uplands within the tract to avoid impacts: All available uplands, that are not required for open space, have been utilized. ii. Alternative 2 — Minimizing the impact area through strategic design efforts: The following strategies, to minimize wetland impacts, were considered during the design phase: • Tactical road alignment, • Minimize road aprons, where crossing wetlands, • Bridging all wetland crossings, and • Use of wing walls at stream crossings. 5315 South College Road, Suite E Wilmington, North Carol i n a 28412 6 910.452.2711 • otticeoseg i.us • w .seg i.us Falls Mist Supplemental Information S EG I With these strategies in mind, the following alternative site plans were explored: Option A — By aligning road crossings through wetlands to be a perpendicular to the wetland feature as possible and by crossing the wetlands and streams at their narrowest points, approximately 0.12- acre of wetland impact and 20 linear feet of stream bed were avoided. Option B — Due to the fact that Roads A, B and H are to be dedicated over to the NC Department of Transportation after completion, road aprons could not be used. Therefore, option was rejected. Option C — Due to the fact that Roads A, B and H are to be dedicated over to the NC Department of Transportation after completion, bridges could not be used. Therefore, option was rejected. Option D — The use of wing walls at the two stream crossings was incorporated into the plan. This reduced impacts to the stream by 20 linear feet. iii. Alternative 3 — Reducing the number of lots: While this alternative would reduce impacts to wetlands and meets the Applicant's stated purpose and need, it underachieves the Applicant's objective, as the alternative would eliminate approximately 25 lots and would only eliminate impacts to ditches. Therefore, this alternative was rejected. iv. Alternative 6 —Avoiding all impacts to wetlands: The Applicant investigated other potential means for developing the property, without impacting wetlands. However, due to the configuration of the wetlands within the project site, they have been unable to find a practicable alternative that would achieve the stated goal. Therefore, this alternative was rejected. v. Alternative 7 — Impact all wetlands: While this alternative would allow the Applicant to achieve his stated goal, it would be more damaging to the environment than the preferred alternative. Therefore, this alternative was rejected. vi. Alternative 8 — No Build: Under the no build alternative, residential dwellings would not be built and the current need for additional housing would not be met. Therefore, this alternative was rejected. VI. Mitigation Proposal To ensure that there is a no net loss of wetland function after the project has been completed, the applicant intends to make payment to the Northeast Cape Fear Umbrella Mitigation Bank (NECFUMB) and at a 2:1 mitigation to impact ratio for the proposed wetland and stream impacts. Based on the design calculations, to offset 0.47-acre of HWF and 120 linear feet of warm water stream bed, the applicant will purchase 2.0 acres of riparian wetland restoration credit and 120 linear feet of warm water stream restoration credit, respectively. A credit reservation letter from the NECFUMB will be furnished upon the USACE's and DWR's approval of the proposed mitigation. VII. Conclusion Rocky Point Properties, LLC is seeking to develop approximately 218 acres of mostly historically used farm and forestry land that is located within the Rocky Point, North Carolina area and which they have been in possession of since 2008. The property meets all the owner's stated criteria for development of a medium scale, single family residential subdivision, and is in an area where the demand for housing is high. After exploring off -site and on -site alternatives and with the proposed mitigation to offset wetland impacts, the owner has concluded that the proposed project is the least environmentally damaging, practicable alternative. 5a15 South College Road, Suite E Wilmington, North Carol i n a 28412 '910'452.2711 • otticeeseg i.us • w .seg i.us Falls Mist Supplemental Information S E G i Appendix A Pender County GIS Aerial Photo of the Project Site 5915 South College Road, Suite E Wilmington, North Carol i n a 28412 910.452.2711 • otticeeseg i.us • w .seg i.us Falls Mist Supplemental Information S E G Appendix B Falls Mist Development Plan and Wetland Impact Map 5915 South College Road, Suite E Wilmington, North Carol i n a 28412 910.452.2711 • office(Wseg i.us • w .seg i.us �1 -11 !IJI U d a o a �` ad Md', INS 4 <md O s o 15 » � N Q 3 3� 1,08 LL LL LL co z o � LO II O Q O w w O p lU/1 t=/1 J J L W_ O G� ~ O W N� d > P. 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U Z Z p OZ �¢ JQ of F W o �I to w m�� N d_Zm C7 v " "Jl ` N W 3 o ~. ow Ad 0 w N o W ~ C Ei IW o 0 CL �J a wT^ me z ^FP a w zv� U �unE0 w a ozv E-Fo o Oo2i0� O 'gym N �rT Ia z W Z. �'I✓ v 0 0 0 w v 0 N � v M O o ~ Z N N a� 0W' Q ~ pw FO yIo N 1 Y oQ pZ In i dUl 3 O- W a ri w d N W 3 / M � � o N 0 M M O �MeNIM, P7 LL U) J LO M �F- Z U Q Q H CL m Falls Mist Supplemental Information S E Gi*' Appendix C Falls Mist Vicinity Map 5915 South College Road, Suite E Wilmington, North Carolina 28412 10 9 10.45 2.2711 • office(Wseg i.us • w .seg i.us Falls Mist Supplemental Information S EG I Appendix D Pender County School Location Map Murray down P: � � 1 53 .�f-- n m r 1 1 Currie 4W Roan Island 10 St Helena - • 210 Ik i-Ant Castle Haigne hwest 140 - Wrights bon Baysl _ aZ� Kings Grant 5315 South College Road, Suite E Wilmington, North Carolina 28412 11 9 10.45 2.2711 • offic (Wseg i.us • w .seg i.us Falls Mist Supplemental Information S EG I Appendix E Pender County Zoning Map Lj WOO RIP I rw ikcL)I A-DOLaFj A* va� . � r r _ 0 cr CA r�,Lj GPUD EAR A 5a15 South College Road, Suite E Wilmington, North Carol i n a 28412 12 910.452.2711 • otticeeseg i.us • w .seg i.us Falls Mist Supplemental Information S EG I Appendix F Pender County Comprehensive Land Use Plan i i +jJp1 J ) ww" a 1 R} 00 me r y V 444JJJ 5a15 South College Road, Suite E Wilmington, North Carol i n a 28412 13 910.452.2711 • otticeeseg i.us • w .seg i.us Falls Mist Supplemental Information S E G i Appendix G Pender County 2022 Collector Street Map for Rocky Point 40 Ian N S`j GA ll%_°Cxr2 -0'4 + � U • II qr + iw WSiRAWF3F Y CA Air- jL DR AR gFARW RO ►iE RI) a A [y40i� 10 OJT � Oz . CARYF.R UFC AMMO11 a�S tFi O = O as -410 �$•4R yy 5915 South College Road, Suite E Wilmington, North Carolina 28412 14 910.452.2711 • office(Wseg i.us • w .seg i.us Falls Mist Supplemental Information S EG I Appendix H Previously Issued USACE and DWR Permits 5315 South College Road, Suite E Wilmington, North Carolina 28412 15 9 10.45 2.2711 • offic (Wseg i.us • w .seg i.us U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00250 County: Pender County U.S.G.S. Quad: Rocky Point GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Farm and Garden, C/o Mark Maynard Address: 3907-100 Wrightsville Avenue Wilminaton NC. 28403 Telephone Number: 910-612-3633 Size (acres) 92.45 Nearest Town: Rock Point. Nearest Waterway Turkey Creek River Basin: Cape Fear River USGS HUC 03030007 Coordinates Latitude: 34.42791 Longitude: -77. 89573 Location description: The project area is located on Parcel #'s 3234-29-6506-0000 & 3234-38- 5366-0000, Rocky Point, Pender County, North Carolina. Description of projects area and activity: This verification authorizes the permanent discharge of fill material into total temaorary wetland imaact 0.386 AC. total permanent wetland imaact: 0.003 AC, total wetland impact: 0.386 AC, total permanent stream impacts 0.018 AC, total temaorary stream imaacts 0.004 AC. total stream and ditch imaacts 0.0225 AC) for the construction of phase 2 Falls Mist subdivision. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344); ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: 29 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated 3/15/2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration modification or revocation unless discretionary authority has been exercised on a case - by -case basis to modify, suspend or revoke the authorization. SAW-2021-00250 Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919- 807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Morehead City, NC, at (252) 808-2808. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Thomas Charles at (910) 251-4101 or thomas.p.charies(a)usace.army.mil. Corps Regulatory Official: Expiration Date of Verification: 3/15/2026 Date: 5/9/2022 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https:Hre ug latory.ops.usace.army.mil/customer-service-survey/ Copy furnished: Dana Lutheran Southern Environmental Group, Inc. (SEGi) 5315 South College Road Suite E Wilmington, N.0 28412 U.S. ARMY CORPS OF ENGINEERS Wilmington District SAW-2009-00366 SPECIAL CONDITIONS In order for this Nationwide Permit to be valid, you must obtain 401 Water Quality Certification from the North Carolina Division of Water Resources. The permittee shall provide the Corps with a copy of the required certification or waiver of certification from the state prior to proceeding with the work in waters of the U.S. The permittee shall comply with all conditions of the state certification. 2. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 3. The permittee shall supply mitigation credits for proposed impacts to riparian riverine wetlands associated with the Falls Mist project located in Pender County, NC. U.S. ARMY CORPS OF ENGINEERS Wilmington District Compensatory Mitigation Responsibility Transfer Form Permittee: Farm and Garden, C/o_Mark Maynard Project Name: Falls Mist County: Pender Action ID: SAW 2021-00250 Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors. Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all reporting requirements established in their authorizing instrument. Permitted Impacts and Compensatory Mitigation Requirements: Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03030007, Cape Fear River Basin Stream Impacts (linear feet) Wetland Impacts (acres) Warm Cool Cold Riparian Riverine FRiparian Non-Riverine Non -Riparian Coastal .386 *If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor. Compensatory Mitigation Requirements: 8-digit HUC and Basin: Choose the 8-digit HUC Stream Mitigation (credits) Wetland Mitigation (credits) Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non -Riparian Coastal .8 Mitigation Site Debited: Northeast Cape Fear Umbrella Mitigation Bank (Davis Farm) (List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS acceptance letter identifies a specific site, also list the specific site to be debited). Section to be completed by the Mitigation Sponsor Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation requirements. Mitigation Sponsor Name: Name of Sponsor's Authorized Representative: Signature of Sponsor's Authorized Representative Date of Signature Conditions for Transfer of Compensatory Mitigation Credit: • Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other mitigation requirements stated in the permit conditions. • Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein. • Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the USACE Project Manager (address below) is provided with a signed copy of this form. • If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the USACE, the Sponsor must obtain case -by -case approval from the USACE Project Manager and/or North Carolina Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must be completed and included in the USACE administrative records for both the permit and the Bank/ILF Instrument. Comments/Additional Conditions: See permit conditions. This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 11405 Falls of Neuse Road, Wake Forest, NC 27587 (email: todd.tugwell@usace.army. mil). Questions regarding this form or any of the permit conditions may be directed to the USACE Project Manager below. USACE Project Manager: Thomas Charles USACE Field Office: Wilmington Regulatory Field Office US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 Email: Thomas.p.charles@USACE.ARMY.MIL Mav 9. 2022 USACE Project Manager Signature Date of Signature Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at http://ribits.usace.army.mil. Action ID Number: SAW-2021-00250 County: Pender County Permittee: Mark Maynard Farm and Garden, LLC Project Name: Falls Mist Phase 2 / Rocky Point / Pender / Farm and Garden LLC Date Verification Issued: May 9, 2022 Project Manager: Thomas Charles Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Thomas Charles Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 4, 2022 DWR # 20201996 Pender County Farm and Garden, LLC Attn: Mark Maynard 3907-100 Wrightsville Ave. Wilmington, NC 28403 Subject: Approval of Individual 401 Water Quality Certification Falls Mist Gardens Subdivision USACE Action ID. No. SAW-2021-0216 Dear Mr. Maynard: Attached hereto is a copy of Certification No. WQC004837 issued to Mark Maynard and Farm and Garden, LLC dated May 4, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA oq e.M�.­ blQ.,i\ �f 919.707.9000 DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 2 of 16 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may also result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 15013-23(a). This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or holley.snider@ncdenrgov if you have any questions or concerns. Sincerely, E For: z-King Regional Operations Supervisor Electronic cc: Dana Lutheran, SEGI Tom, Charles, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file North Carolina Department of Environmental Quality I Division of Water Resources D ()7.9()()() � 512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NQ NORTH CAROLI7 ow.omeM�� m.io.si� 919. DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 3 of 16 Filename: 20201996_Falls Mist SD_IWQC_PendCo_May.22.docx North Carolina Department of Environmental Quality I Division of Water Resources D ()7.9()()() R- ow512 North Salisbury Street 1 1617 Mad Service Center I Raleigh, North Carolina 27699-1617 NQ NORTH CAROLI7 .om �� m.io.si� 919. DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 4 of 16 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004837 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 0213.0200, to Mark Maynard and Farm and Garden, LLC, who have authorization for the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on February 3, 2020 and subsequent information on March 16, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Plan Location or Reference Stream Sheets 1 & 2 Site 1 82 linear feet 16 linear feet dated 2/11/2022 404/401 Wetlands and project Site 1 0.386 acres 0.003 acres narrative This approval requires you to follow the conditions listed in the certification below. CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]: If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H .0502(a),15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .0502(a),15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 5 of 16 criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H .0502(a),15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. For all dam removal projects meeting the definition under G.S. 143-215.25 and requirements under G.S. 143-215.27 of a professionally supervised dam removal, the applicant shall provide documentation that any sediment that may be released has similar or lower level of contamination than sediment sampled from downstream of the dam in accordance with Session Law 2017-145. Citation: 15A NCAC 02H .0502, 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO2B .0200, S.L. 2017-145, Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. If this Water Quality Certification is used for utility related impacts, then the following Activity Specific Conditions shall apply to those impacts. a. All sewer lines shall be designed, constructed and maintained in accordance with Title 15A NCAC Chapter 02T, applicable Minimum Design Criteria (MDC), and/or Alternative Design Criteria. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: The referenced Minimum Design criteria and 02T rules were adopted to ensure that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife: secondary contact recreation: agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 6 of 16 b. Any utility construction corridor that is parallel to a stream or open water shall not be closer than 10 feet to the top of bank or ordinary high-water mark. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. Where there are temporary or permanent impacts from stream crossings, utility lines shall cross the stream channel at a near -perpendicular direction (i.e., between 75 degrees and 105 degrees to the stream bank). Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. d. Construction corridors in wetlands and/or across stream channels shall be minimized to the maximum extent practicable and shall not exceed 40 feet wide for utility lines. For construction corridors in wetlands and across stream channels, stumps shall be grubbed only as needed to install the utility and remaining stumps shall be cut off at grade level. The general stripping of topsoil within wetlands along the construction corridor is prohibited. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. e. Permanent maintained access corridors in wetlands and across stream channels shall be restricted to the minimum width practicable and shall not exceed 30 feet wide except at manhole locations. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 7 of 16 activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. f. For all utility lines constructed within wetlands, an anti -seep collar shall be placed at the downstream (utility line gradient) wetland boundary and every 150 feet up the gradient until the utility exits the wetland. Anti -seep collars may be constructed with class B concrete, compacted clay, PVC pipe, or metal collars. Wetland crossings that are directionally drilled, and perpendicular wetland crossings that are open cut and less than 150 feet long do not require anti -seep collars. The compacted clay shall have a specific infiltration of 1 X 10-5 cm/sec or less. A section and plan view diagram is attached for the anti -seep collars. The following specifications shall apply to class B concrete: i. Minimum cement content, sacks per cubic yard with rounded coarse aggregate 5.0 ii. Minimum cement content, sacks per cubic yard with angular coarse aggregate 5.5 iii. Maximum water -cement ratio gallons per sack 6.8 iv. Slump range 2" to 4" v. Minimum strength - 28-day psi 2,500 Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. g. The permittee shall have a specific plan for restoring wetland contours to pre -construction conditions. Any excess material will be removed to a high ground disposal area. The mixing of topsoil and subsoils within the wetlands along utility corridors shall be minimized to the greatest extent practical. During excavation, the soils shall be placed on fabric to minimize impacts whenever possible. Topsoil excavated from utility trenches will be piled separately from subsoils and will be backfilled into the trench only after the subsoils have been placed and compacted. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 8 of 16 6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution that precludes any best use on a short-term or long-term basis. 7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506, 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 8. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 9 of 16 For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 0413.0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCACO28 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 10. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that DEMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 10 of 16 adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 11. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 12. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 11 of 16 13. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 14. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flows above bankfull. Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 12 of 16 When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 15. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering streams or wetlands. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures are installed properly will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 16. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that North Carolina Department of Environmental Quality I Division of Water Resources D E Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROI INA ftp m.mm�m��me�mlo�al� 919.707.9000 DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 13 of 16 precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 17. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 18. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 19. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 14 of 16 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 20. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original streambed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 21. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 22. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0200, 15A NCAC 02B .0231 North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT OARO IINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 15 of 16 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 23. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 028 .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected, populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 24. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c), N.C.G.S 143-215.85(b) Justification: Person(s) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being taken or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 25. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m �m��me�mi o�ei� DocuSign Envelope ID: 245E6FEF-112C-43BF-88D5-44EE3A330285 Farm and Garden, LLC DWR# 20201996 Individual Certification #WQC004837 Page 16 of 16 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 26. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: Those actually performing the work should be aware of the requirements of this 401 Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507(c)] This, the 4th day of May 2022 DocuSigned by: C017E2515D3B41 T . For: Morella Sanchez -King Regional Operations Supervisor MSK/hs North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORT CAROIINA 919.707.9000 oawm�em m em��me�mi o�ei� Falls Mist Supplemental Information S EG I Appendix I Falls Mist Wetland Boundary Map 5315 South College Road, Suite E Wilmington, North Carolina 28412 16 9 10.45 2.2711 • offic (Wseg i.us • w .seg i.us �t M1 :i E SQ oh 1 4 Cl EQ M23 Pond \ \ 0.12 1 Bl EQ B9 roo • "max '►�v\. o r i. Stream 2 - • a a ✓, 1368 if 0.31 ac. ' . ' 4 At X. i DP-3 Up •Rw. _ Wet (� 64.82 ac. IAK* p 6C . Wet-2 ' DI EQ C254 2.26 ac. i DP-1 Wet DP-2 Up , Wet-7 0.02 ac. Fl EQ F120 El EQ E6 Wet-3 1.98 ac. t' ' HI EQ H89 titea 6`E 5 r6e ,� 3g K12 Stop Wet-6 Wet-5 1.2 ac. 0.57 ac. '` Jl Amy a K1 3 Wet-4 H D150 Stop 2.32 ac. } (May have Al changed to 0%11 H earlier) PropertyFalls Mist - t r�j Approx. Wetlands Approx. Approx. Ditch 0 Data Point r m i Feet feet /� Falls Mist Supplemental Information S E G i Appendix J Falls Mist USGS Soil Survey BRO L w -- SA PIV 5915 South College Road, Suite E Wilmington, North Carol i n a 28412 17 9 10.45 2.2711 • officeeseg i.us • w .seg i.us Falls Mist Supplemental Information S EG I Appendix K USFWS IPaC Generated Official Species List 5315 South College Road, Suite E Wilmington, North Carolina 28412 18 9 10.45 2.2711 • offic (Wseg i.us • w .seg i.us 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: 2023-0001422 Project Name: Falls Mist October 05, 2022 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 ECOS-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 ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 10/05/2022 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: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.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/birds/policies-and-regulations.php. 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/birds/bird-enthusiasts/threats-to- birds.php. 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/birds/policies-and-regulations/ executive-orders/e0-13186. php. 10/05/2022 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 • Migratory Birds 10/05/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 10/05/2022 Project Summary Project Code: 2023-0001422 Project Name: Falls Mist Project Type: Residential Construction Project Description: The project site is approximately 300 acres, in size, and consists of installing roads and infrastructure that will support a residential subdivision, to be located near Rocky Point, in Pender County, NC. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)34.41898575,-77.89845542887078,14z Counties: Pender County, North Carolina 10/05/2022 3 Endangered Species Act Species There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA 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 Birds NAME Piping Plover Charadrius melodus Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 STATUS Threatened STATUS Threatened Threatened Endangered 10/05/2022 4 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 Flowering Plants NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Golden Sedge Carex lutea 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/6025 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8549 10/05/2022 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 10/05/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. 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 Treat. 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) 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 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 present and breeding in your project area. NAME BREEDING SEASON Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to Jul This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation 15 Regions (BCRs) in the continental USA Chimney Swift Chaetura pelagica Breeds Mar 15 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 25 USA and Alaska. Prairie Warbler Dendroica discolor Breeds May 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. 10/05/2022 NAME BREEDING SEASON Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31 USA and Alaska. 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 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: 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 probability of presence score. 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. The number of surveys is expressed as a range, for example, 33 to 64 surveys. 10/05/2022 3 No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe 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 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Brown-head CCatBCRed N Chimney Swift BCC Rangewide ---- ---- — ---- ---- ---- ---- (CON) Prairie warbler BCC Rangewide — — — — — — — — — — — — ----IIII IIII IIII - - - - - - - - - - - - - - - - - - - - (CON) Prothoncable°tom ---- ---- ----IIII IIII IIII IIII - - - - - - - - - - - - - - - - ---- BCC Rangewide (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidins7-and-minimizinv--incidental-take-mis7ratorv-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 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. 10/05/2022 4 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 (BCQ 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 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. 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); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 10/05/2022 5 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. 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 10/05/2022 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. 10/05/2022 IPaC User Contact Information Agency: Southern Environmental Group, Inc. (SEGi) Name: Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email dlutheran@segi.us Phone: 9102281841 Falls Mist Supplemental Information S EG I Appendix L USFWS NLEB Consistency Letter 5315 South College Road, Suite E Wilmington, North Carolina 28412 19 9 10.45 2.2711 • offic (Wseg i.us • w .seg i.us United States Department of the Interior FISH AND WILDLIFE SERVICE ,,qRCH 3 'It , 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: 2023-0001422 Project Name: Falls Mist Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Technical assistance for 'Falls Mist' Dear Dana Lutheran: January 15, 2024 This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on January 15, 2024, for 'Falls Mist' (here forward, Project). This project has been assigned Project Code 2023-0001422 and all future correspondence should clearly reference this number. Please carefully review this letter. Your Endangered Species Act (Act) requirements are not complete. Ensuring Accurate Determinations When Using IPaC The Service developed the IPaC system and associated species' determination keys in accordance with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et seq.) and based on a standing analysis. All information submitted by the Project proponent into IPaC must accurately represent the full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must be followed for the ESA determination to remain valid. Determination for the Northern Long -Eared Bat Based upon your IPaC submission and a standing analysis, your project is not reasonably certain to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat. Project code: 2023-0001422 IPaC Record Locator: 740-137011397 01/15/2024 Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: ■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) ■ Cooley's Meadowrue Thalictrum cooleyi Endangered ■ Golden Sedge Carex lutea Endangered ■ Green Sea Turtle Chelonia mydas Threatened ■ Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered ■ Leatherback Sea Turtle Dermochelys coriacea Endangered ■ Loggerhead Sea Turtle Caretta caretta Threatened ■ Monarch Butterfly Danaus plexippus Candidate ■ Piping Plover Charadrius melodus Threatened ■ Red -cockaded Woodpecker Picoides borealis Endangered ■ Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered ■ Rufa Red Knot Calidris canutus ru fa Threatened ■ Tricolored Bat Perimyotis subflavus Proposed Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species listed above. Note that if a new species is listed that may be affected by the identified action before it is complete, additional review is recommended to ensure compliance with the Endangered Species Act. Next Step Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds, permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal representative. Therefore, the ESA consultation status is incomplete and no project activities should occur until consultation between the Service and the Federal action agency (or designated non-federal representative), is completed. As the federal agency or designated non-federal representative deems appropriate, they should submit their determination of effects to the Service by doing the following. 1. Log into IPaC using an agency email account and click on My Projects, click "Search by record locator" to find this Project using 740-137011397. (Alternatively, the originator of the project in IPaC can add the agency representative to the project by using the Add Member button on the project home page.) 2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to ensure that they are accurate. 3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to a concurrence letter. Download the concurrence letter for your files if needed. DKey Version Publish Date: 10/19/2023 2ot10 Project code: 2023-0001422 IPaC Record Locator: 740-137011397 01/15/2024 If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place before project implements any changes which are final or commits additional resources. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2023-0001422 associated with this Project. DKey Version Publish Date: 10/19/2023 3 of 10 Project code: 2023-0001422 IPaC Record Locator: 740-137011397 01/15/2024 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Falls Mist 2. Description The following description was provided for the project'Falls Mist': The project site is approximately 300 acres, in size, and consists of installing roads and infrastructure that will support a residential subdivision, to be located near Rocky Point, in Pender County, NC. The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)34.41955995,-77.89811674587159,14z Y M DKey Version Publish Date: 10/19/2023 4 of 10 Project code: 2023-0001422 IPaC Record Locator: 740-137011397 01/15/2024 DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis septentrionalis). QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. Your project overlaps with an area where northern long-eared bats may be present year- round. Time -of -year restrictions may not be appropriate for your project due to bats being active all year. Do you understand that your project may impact bats at any time during the year and time - of -year restrictions may not apply to your project? Yes 3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service currently has data to support the presumption that the northern long-eared bat is present. Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data on captures, roost tree use, and acoustic detections should post-date the year when white - nose syndrome was detected in the relevant state. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 4. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No DKey Version Publish Date: 10/19/2023 5ot10 Project code: 2023-0001422 IPaC Record Locator: 740-137011397 01/15/2024 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 7. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only. No 8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No DKey Version Publish Date: 10/19/2023 6 of 10 Project code: 2023-0001422 IPaC Record Locator: 740-137011397 01/15/2024 10. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of any activities that would not occur but for the proposed action. If you think that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, answer "No" below and continue through the key. If you have determined that the northern long-eared bat does not occur in your project's action area and/or that your project will have no effects whatsoever on the species despite the potential for it to occur in the action area, you may make a "no effect" determination for the northern long-eared bat. Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may be affected by your project or if you would like assistance in deciding, please answer "No" and continue through the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS would be required if your action may affect another listed species or critical habitat. The definition of Effects of the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-kM- selected -definitions No 11. Your project overlaps with an area where northern long-eared bats may be present year- round. Is suitable northern long-eared bat habitat present within 1000 feet of project activities? Yes 12. Will the action cause effects to a bridge? No 13. Will the action result in effects to a culvert or tunnel? No 14. Does the action include the intentional exclusion of northern long-eared bats from a building or structure? Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming bats, it should be done according to established standards. If your action includes bat exclusion and you are unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in structures No DKey Version Publish Date: 10/19/2023 7of10 Project code: 2023-0001422 IPaC Record Locator: 740-137011397 01/15/2024 15. Does the action involve removal, modification, or maintenance of a human -made structure (barn, house, or other building) known or suspected to contain roosting bats? No 16. Will the action directly or indirectly cause construction of one or more new roads that are open to the public? Note: The answer may be yes when a publicly accessible road either (1) is constructed as part of the proposed action or (2) would not occur but for the proposed action (i.e., the road construction is facilitated by the proposed action but is not an explicit component of the project). Yes 17. Will any new road go through any area of contiguous forest that is greater than or equal to 10 acres in total extent? Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres. Yes 18. For every 1,000 feet of new road that crosses between contiguous forest patches, will there be at least one place where bats could cross the road corridor by flying less than 33 feet (10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road surface? No 19. Will the proposed action result in the cutting or other means of knocking down, bringing down, or trimming of any trees suitable for northern long-eared bat roosting? Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities. Yes DKey Version Publish Date: 10/19/2023 8 of 10 Project code: 2023-0001422 IPaC Record Locator: 740-137011397 01/15/2024 PROJECT QUESTIONNAIRE Enter the extent of the action area (in acres) from which trees will be removed - round up to the nearest tenth of an acre. For this question, include the entire area where tree removal will take place, even if some live or dead trees will be left standing. 300 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and- stagine-areas 0 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates- swarming-and-stagine-areas 300 Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at breast height, dbh) be cut, knocked, or brought down from any portion of the action area greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre. Yes Enter the extent of the action area (in acres) from which all potential NLEB roost trees will be removed. If all NLEB roost trees will be removed from multiple areas, entire the total extent of those areas. Round up to the nearest tenth of an acre. 300 For the area from which all potential northern long-eared bat (NLEB) roost trees will be removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are removed will be developed or otherwise converted to non -forest for the foreseeable future. 300 Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought down? Yes Will all project activities by completed by April 1, 2024? No DKey Version Publish Date: 10/19/2023 9of10 Project code: 2023-0001422 IPaC Record Locator: 740-137011397 01/15/2024 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email dlutheran@segi.us Phone: 9102281841 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Gary Beecher Email: gary.h.beecher@usace.army.mil DKey Version Publish Date: 10/19/2023 10 of 10 Falls Mist Supplemental Information S EG I Appendix M USFWS SLOPES Form 5315 South College Road, Suite E Wilmington, North Carolina 28412 20 9 10.45 2.2711 • offic (Wseg i.us • w .seg i.us RCW SLOPES Manual — North Carolina March 2022 AppencuX A — Kea-COCKacdecd wooapmer consultation Area ,rctt,.l r ��, Washington AF,GIN I:, F,G � v H.irr inhLwg I. ill I, ai ¢¢.g 61oNpbSna�71a F CI i. S1 �.l . it lr dill Gat9r9e 'sh`a�ing D� •: 1FG1[JIA '.}' Nafional Fa est '�nrr.s Lynchburg bRich., and Rodnake ❑anial Home CUMBFP--L3rfP ?tri'ER it 0 'Bfac.ksburg Nert Forast- J. lrer xn Redbird P Natm A Fore s Norfolk 0 o Virginia {irl-.t•,I Bexh han KlnlysPori _hef xcee Ashe Iq7 Surty stokes A: ing ha Caswell Pars on warren thampm�f Jv 1i15n oCiP! - - Watau a• . o Nn •.YN_¢[ wikes e nv ill II'rf a-. - rTorSyth Grca n= Jry I- ri ells•% a ._i i I71' Gudfprd an � rahlin •... llnr - Idxell Ale rtre law ntl Qavie ",__h gecom tl M.d-n anOe [idle fr7artin as hingt TYrtell/l retlell idshn o as wmle l[[ ���� ���������. awe Randa n cnatl�a-�T 6urrepmbe Artctivvell Cetaw ba Rowan wibon _ Swain Linmin � uthakc JohnsIDon ee t ne �d. berru Naha ntlerso J. d�so Pok levelen Gaston 1� �'� my Barnett >W �y fin• Lenoir r,.— T nsY Nan// �ISY P.n i Unim Aon ns . .. = - ,.. �.� <_rv'Crl•JIIIe '.• 9Jonesy`e,en _n '�a meson Ouplin Cmteie Chat¢ah—hae' ❑ Ni14'ri -I" N h I uT .i Fara91 " Ons Rrv. . Robesan 7 I3lalien A Project Approx. Athens �+^,nr ❑lumbia o mel a ti Fist r— Location @mr�6 SOUTH � ,Atlanta CAROL1NA � P Au gust ao �+ Q Ocon w Franns ,; 1Ja h— E klalur Fav �I �aavnal Norlh F°rea! ' Charlaston Mdcanp - a n CharlestonrPt"Jt Pl-rit . / -1 Red -Cockaded Woodpecker Section 7 Consultation Area Northeastern Coastal Plain 11 RCW SLOPES Manual — North Carolina March 2022 Appendix B — Red -cockaded Woodpecker Effects Determination Key ORM2 No.: USFWS Reference No. (if applicable): 2D23- OCDOk+ 7_ Date 11oIz-g- -, US Army Corps of Engineers:. 1) Is the action area' located within the RCW consultation area (see Appendix A and project -specific results from a project -specific IPaC or internal USACE GIS review)? a) Yes......................................................................................................................................................go to 2 No..................—*.................................................... ....No effectz .. t3 ZA- cOGS it c> -EOb t.O °j:j..' 3 C',r5Y15tc1TGi�t-tCnrl_ � 2) Is the action area' located in the northeastern coastal plain (see Appendix A)? a) Yes.......................................................................................................................................................go to 3 b) No (the project is located in piedmont, sandhills, or southeastern coastal plain)..................go to 4 3) Is the action area' located in a forested area with pine trees present in northeast North Carolina (e.g., high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes, are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table 1 for a description of the minimum dbh of 30-year-old pines associated with each community type). If the answer to both of these questions is yes, choose Yes below. If the answer to one or both questions is no, then choose No below. a) Yes.......................................................................................................................................................go to 8 b) No...................................................................................................................................................No effect' 4) Is the action area' located within suitable RCW foraging or nesting habitat (pine or pine/hardwood stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30 years of age or older or >_8-inches dbhs)? a) Yes.......................................................................................................................................................go to 5 b) No...................................................................................................................................................No effect' 5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh; or will any activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office. a) Yes (to one or both).........................................................................................................................go to 6 b) No.........................................................................................................................................................NLAA3 12 RCW SLOPES Manual — North Carolina March 2022 6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)? a) Yes........................................................................................................................................................go to 9 b) No.........................................................................................................................................................go to 7 7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be impacted by any activity in the action areal? a) Yes......................................................................................................................................................go to 9 b) No.........................................................................................................................................................NLAA3 8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal. Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in the action area, or is the action areal within 200 feet of a cavity tree? If the answer to either of these questions is yes, choose Yes below. If unable to determine the location of a cavity tree with confidence, then contact the USFWS Raleigh Field Office. a) Yes......................................................................................................................................................go to 9 b) No.........................................................................................................................................................NLAA3 9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey is necessary (for a list of USACE representatives please see the contact list at http://saw- reg.usace.army.mil/FO/PMList.pdf). Note that project -specific information, such as a delineation of waters of the U.S., project plans, and details concerning certain activities on disturbances that would occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may be needed for the USACE to determine the action area(s)1 of the project. If a survey is required and agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action areal should be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such surveys are conducted by running line transects through stands and visually inspecting all medium- sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all trees are inspected and are run north -south. Was a survey performed? a) Yes, a survey was performed, and RCW cavity trees were observed.......................................go to 10 b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the results (no RCW cavity trees were observed)................................................................................NLAA3 c) No, the USACE determined that a survey was not required and the USFWS concurred.............................................................................................................................................NLAA3 d) No, a survey was not performed..........................................................................Consultation required 10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then consultation is required. a) Yes............................................................................................................................Consultation required b) No......................................................................................................................................................go to 11 13 RCW SLOPES Manual — North Carolina March 2022 11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat would remain for each RCW group post -project? For information on how to conduct an FHA', refer to the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.' a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred that adequate amounts of foraging habitat would remain post -project ................................. NLAA 3 b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined inadequate amounts of foraging habitat would remain post -project......... Consultation required' c) No, an FHA' has not been conducted...............................................................Consultation required' "Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action. For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.mil/FO/PMList.pdf. 2No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the project as described. 3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits, submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations. 4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey protocol (https://www.fws.goy/rcwrecovery/files/RecoveryPlan/survey protocol.pdf) 6Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the contact list at http://saw-reg.usace.army.mil/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is necessaryto discern if the activity would result in a "no effect;" "not likely to adversely affect," or "likely to adversely affect" determination. 6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecovery/matrix.html) and for determining foraging habitat availability (https://www.fws.goy/ncsandhills/files/fha data collection procedures.pdf). 7Follow link for additional information regarding determination for adequate amount of foraging habitat (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf). 8 FHA — When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence. Additional Information 14 RCW SLOPES Manual — North Carolina March 2022 Appendix C —Conservation Recommendations These recommendations are optional and, if implemented, would support the agency's goals toward recovery. These recommendations are to be used at the discretion of the permittee, but any measures that avoid and minimize effects to the species are highly encouraged by the USFWS. 1. Minimize project impacts within clusters and foraging habitat whenever possible (i.e., conduct large pine removal outside of nesting season [April 1 to July 31], trim branches instead of complete tree removal, switch building plans to retain large pines). 2. The USFWS strongly recommends that occupied habitats be avoided and preserved. The first measure is to modify the project footprint to avoid direct impacts to RCW habitat. This habitat could be designated as an environmentally sensitive area and set aside by deed restriction, easement, or another protective covenant. If the occupied habitat on the property exceeds 5 acres (2 hectares), then a habitat management plan is also recommended. Incorporating these recommendations into the project design and documenting them in the habitat management plan might result in the project being not likely to adversely affect the RCW. 3. On -site habitat enhancements are recommended by the USFWS in situations where a project proposes to impact occupied RCW habitat. If the site has been physically altered by exotic species invasion, lack of fire, or other anthropogenic actions, these alterations have produced on -site habitat conditions that have resulted in marginally suitable habitats for RCW's survival and propagation. The planned action, through project redesign, has avoided impacting a substantial portion of the habitat. - however, some habitat loss will still occur. The project proposes on -site habitat enhancements and management actions that provide habitat quality improvements that balance losses of small amounts of marginally suitable habitats. Incorporating these recommendations into the project and documenting them in a habitat management plan can result in the project being not likely to adversely affect the RCW. 4. Remove vines and thick underbrush/mid-storyto improve site suitability. 5. Provision starts and/or completed cavities in suitable large pines to provide additional housing opportunities to an RCW cluster. is Falls Mist Supplemental Informa!!o S EG■:* Appendix & #end rCounty GI Flood Ma � � vI- r � » .. � � $ � �0�v ,�» §LA©� AV ^ .K R p ��� � p�%A � —VIA ClHaLURoSA X w5 4 y » � \f� � 2 zz f n � § BASAL Nye- §REE K R§ BRQFALL `\ W 57KAWBFRHY E ETRAvv§ERR N LN k■ esSoa cm« Road, Suite r Wilmington .a.Carol = _e 21 aoa�tmr+«a._.�e. Falls Mist Supplemental Information S EG I Appendix O NC SHPOWEB2.0 Map GeneralAudience Find addresslhistaric resource ■ f Roc point 2 II ! PENDER* 111T • �-y a� .x i 5315 South College Road, Suite E Wilmington, North Carolina 28412 22 9 10.45 2.2711 • offic (Wseg i.us • w .seg i.us Falls Mist Supplemental Information S EG I Appendix P Adjacent Property Owner Map and Addresses x 1 . x f }y o� kc !P.A 17 16 ` 15 1 —VIA fYROSA - . 2 14 O` IC 3 11 10 0 12 9 7¢ f i ' 5 13 0 4 4 #J 6L 5315 South College Road, Suite E Wilmington, North Carolina 28412 23 9 10.45 2.2711 • offic (Wseg i.us • w .seg i.us