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HomeMy WebLinkAbout20240217 Ver 1_Alexandra Place PCN Attachments 2-1-24_20240201Alexandra Place Preconstruction Notification Attachments Prepared for: Aftew Properties, LLC 2020 Churchill Dr. S. Wilmington, NC 28403 (910)763-4742 Prepared by: Dana Lutheran Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 (910)228-1841 dlutheranksegi.us Date: 1 February 2024 AY Alexandra Place PCN Attachments 2/1/24 EGI PCN Attachments Number Description Page 1 New Hanover County GIS Aerial Photo and Parcel Information 3 2 Vicinity Map 4 3 NC DWR Water Classification Map 5 4 Agent Authorization 6 5 Alexandra Place Wetland Impact Map & Site Plan 7 6 USACE Signed JD 2011 Map - Expired 8 7 USFWS tPaC, NLEB Consistency Letter, & RCW SLOPES Form 9 8 New Hanover County GIS Flood Map 10 9 New Hanover County Floodplain Development Permit 11 10 SHPO HPOWEB2.0 Map 12 Page 2 of 12 AY Alexandra Place PCN Attachments 2/1/24 EGI Attachment 1 New Hanover County GIS Aerial Photo & Parcel Information AY Alexandra Place PCN Attachments 2/1/24 EGI Attachment 2 Vicinity Map Page 4 of 12 AY Alexandra Place PCN Attachments 2/l/24 EGI Attachment 3 NC DWR Water Classification Map Surface Wate,r Classifications: Stream 1,4aime: IMratt4 re, e,k(To dd Creek) i ascrupt4om From source to Cape Fear �'c�dtuzr +um r Date refClass- AU+gUst31, 197 What d'oestlris Class uq...... Page 5 of 12 AY Alexandra Place PCN Attachments 2/1/24 EGI Attachment 4 Agent Authorization Page 6 of 12 5E-G1 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. PARCEL I.D. R7500-001-001-000 and R7500-001-003-000 STREET ADDRESS: 5950 River Road, Wilmington NC Property Owner (please print): Aftew Properties, LLC The undersigned, registered property owner of the above noted property, does hereby authorize Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of environmental concern. Property Owner's Address (if different than property above): 2020 Churchill Dr. Wilmington, NC 28401 Email: lobos251(cr,aol.com Telephone: 910-763-2629 We h eby certify the above information submitted in this application is true and accurate to the best of our kn wledge. Property Owner Authorized Signature SEGi Authorized Signature Print Name 4:24 t4) 2 -. Date David Scibetta Print Name 4/l/2022 Date AY Alexandra Place PCN Attachments 2/1/24 EGI Attachment 5 Alexandra Place Wetland Impact Map and Site Plan Page 7 of 12 G-S COLLEGE Rp t� N VU Q�b <o - p a zz z�zo65 g rrrxrwkz ���gQ; F¢w�.�,�yw =&��Rwzzzz�wwwwww�wwwwww��waznw w w w"" I'�5(w w w w a l i I � I( Ir q I I'' il� w 'ili i � I�=�il� � � � � �•;{ Ili-. �1 ECF 1 3'JYIlIA 3H1\SSE\8t02\CVJo1ny\:9 \I LN d All a a m�� I �b $� a _y k P� Q i n h rr mHA ------------- - - -- - -- - -- - - --:`7 �"7 oar. - fA7 IT ............... .... ... ........... ............. NO,\ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : X �� 7�1"ri .: ia g� 1p P T Qww 7 0 < i o < a- Q N AY Alexandra Place PCN Attachments 2/1/24 EGI Attachment 6 USACE Signed 2011 JD Map SAW-2009-01847 Page 8 of 12 lip cn o"A jj�JPPEFJ I ES M 0180 ON ---E-ZZ-C:K Z51 00 090 '111r,j; RiF SIA AY Alexandra Place PCN Attachments 2/1/24 EGI Attachment 7 USFWS INC, NLEB Consistency Letter, & RCW SLOPES Form Page 9 of 12 V%! r United States Department of the Interior FISH AND WILDLIFE SERVICE "tl4 Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0009822 Project Name: Alexandra Place October 26, 2023 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If' suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 10/26/ 02 species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 10/26/ 02 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List ■ USFWS National Wildlife Refuges and Fish Hatcheries ■ Bald & Golden Eagles ■ Migratory Birds ■ Marine Mammals OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 10/26/ 02 in PROJECT SUMMARY Project Code: 2024-0009822 Project Name: Alexandra Place Project Type: Residential Construction Project Description: Small townhouse community to be located in New Hanover County, NC. The site abuts Mott's Creek to the north and west and River Road to the east. The project site is currently wooded and work is anticipated to start within the next 3-6 moths. Project Location: The approximate location of the project can be viewed in Google Maps: htt s: www. oogle.co maps/034.126614599999996.-77.91.481.025851.209,1.47, N� JG� .lam rc ray 4 r:. ,1 Counties: New Hanover County, North Carolina 10/26/ 02 ENDANGERED SPECIES ACT SPECIES There is a total of 15 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA 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://ecos,i'ws.gov/ecp/51)ecies/9045 Tricolored Bat Perimyotis sub flavus No critical habitat has been designated for this species. Species profile: https://ecos,fws.gov/ecp/species/:105:15 West Indian Manatee Trichechus manatus There is final critical habitat for this species. Your location does not overlap the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos,fws.gov/ecp/5j)ecies/4469 STATUS Endangered Proposed Endangered Threatened 10/26/2023 M BIRDS NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos,.t.ws.gov/ecp/species/6039 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos,f-'ws.gov/ecp/species/7614 Rufa Red Knot Calidris canutus rufa There is proposed critical habitat for this species. Species profile: https:Hecos,.f.ws.gov/ecp/species/1864 REPTILES Threatened NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https://fcos.fws.gov/ecl2/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.f'ws.gov/ecp/51)ecies/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https://ecos,f-'ws.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://ecos,fws.gov/ecp/51)ecies/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://fcos.fws.gov/ecp/species/.1110 SNAILS NAME STATUS Magnificent Ramshom Planorbella magnifica Endangered There is final critical habitat for this species. Species profile: https://ecos.f-'ws.gov/ecp/species/6216 10/26/202' INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos,f'ws. ov/ecp/species/9` 743 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https://ecos,fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https://ecos,f-'ws.gov/ecp/5j)ecies/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treated of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) 10/26/202 M There are bald and/or golden eagles in your project area. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Dittps:Hecos.fws.gov/eQ/species-/1626 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (IIIIIII) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data( ) A week is marked as having no data if there were no survey events for that week. IIIII probability of presence breeding season I survey effort no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle %„ Illllllll Ill, :Ill Ul o,,,,, ;Ill e Non -BCC l��l�llJ.l�lJf l��l�lJ,l�lJ,l�� l���l1lfl�llJ. I I l�lJ, I I »�i1. � __�__�__� I I I I Illlllliiil� I IIIUI. I l��l�llJ.l�llJ. �I�l��)))�1 l��l�l1J�l�1f I� �I�ll�lllalJ�lll� Vulnerable Additional information can be found using the following links: ■ Eagle Managment https://www.fws,gov/program/eagle-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-rrrini i.zing-incidental-take- i ratory-birds ■ Nationwide conservation measures for birds lrttps://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation- easures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC htti2s://www.fws.gov/ edia/sut2t2lemen:ta1-information-migratory-birds-and-bald-and-golden-ea les-may-occur- prolec:t-action. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald. and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https:Hecos.f-'ws.gov/ecp/species/9587 American Oystercatcher Haematopus palliates Breeds Apr 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. h tt:p s: //ecos. f'ws. gov/ecru/sped es/8935 Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 10/26/2023 M NAME BREEDING SEASON Black Skimmer Rynchops niger Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15 and Alaska. ht.l.ps:Hecos..t.'ws.gov/egp/species-/5234 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA https://ecos.f'ws.gov/ecp/species/9427 Cerulean Warbler Dendroica cerulea Breeds Apr 26 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. ht.l:ps://ecos..f.ws.gov/ecp/species/29`/4 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 2) 5 and Alaska. https:Hecos.fws.gov/eQ/species/9406 Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. ht.l.ps:Hecos..t.'ws.gov/egp/sl2ecies-/106`/8 Gull -billed Tern Gelochelidon nilotica Breeds May I This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https://ecos.f'ws.gov/ecp/species/9501 King Rail Rallus elegans Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5 and Alaska. ht.l:ps://ecos..f.ws.gov/ecp/sl2ecies/8936 Lesser Yellowlegs, Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/eQ/sl2ecies/9679 Marbled Godwit Limosa fedoa Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. ht.l-.ps:Hecos..t.'ws.gov/egp/species/9481 Painted Bunting Passerina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions toAug l-5; (BCRs) in the continental USA https://ecos.f-'ws.gov/ecp/species/9511 10/26/2023 13. NAME BREEDING SEASON Pectoral Sandpiper Calidris melanotos Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. ht.l-.ps:Hecos..t.'ws.gov/egp/species/9561 Prairie Warbler Dendroica discolor Breeds May I This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https://ecos.f'ws.gov/ecp/species/9513 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. ht.l:ps://ecos..f.ws.gov/ecp/spec.ies/9439 Purple Sandpiper Calidris maritima Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/eQ/sl2ecies/9574 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. ht.l.ps:Hecos..t.'ws.gov/egp/species/9398 Ruddy Turnstone Arenaria interpres morinella Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA https://ecos.f'ws.gov/ecp/species/10633 Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA ht.l:ps://ecos..f.ws.gov/ecp/spec.ies/94`/8 Saltmarsh Sparrow Ammodramus caudacutus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5 and Alaska. https:Hecos.fws.gov/eQ/species/9719 Short -billed Dowitcher Limnodromus griseus Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. ht.l.ps:Hecos..t.'ws.gov/egp/species/9480 Swallow-tailed Kite Elanoides forflcatus Breeds Mar 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jun 30 and Alaska. https://ecos.f-'ws.gov/ecp/species/8938 10/26/2023 M NAME BREEDING SEASON Willet Tringa semipalmata Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5 and Alaska. ht.l.ps:Hecos..t.'ws.gov/egp/species-/10669 Wilson's Plover Charadrius wilsonia Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20 and Alaska. https://ecos.f'ws.gov/ecp/species/9722 Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. ht.l:ps://ecos..f.ws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (IIIIIII) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data( ) A week is marked as having no data if there were no survey events for that week. IIIII probability of presence breeding season I survey effort no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel m 111 111 JIII I. h I I L I L L L L L I I L L e e I I I I I IIIII�; Ill o llll llll III _ I IIII I„ I IIIIIII . BCC -BCR American o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 Oystercatcher IIIIII,IIIpl;lllpl III,IIIIIIIIII III�IIII�I���I��Jll� IIII%����� I �»� Ill,llllllll��»I Ull,i»II1Ia»I I1pl-I Ulli»u� UIIIyIIII Illl�»p� III�������I��IIIp1; IIII,IIII IIII�11 IIII IIII�I l IIII, ���I���lulllp»III, BCC Rangewide (CON) Bald Eagle Non -BCC l�l�llJ.l�lJ l�l�lJa�lJ.l�� l���li�fl�llJ. I I l�lJ. I I »�i�. � __�__�__� I I I I Illlllliiil� I IIIUI. I l��l�llJ.l�llJ. �I�l��)))�1 l��l�llJ�li� I �ll�lllalJ�lll Vulnerable Black Skimmer L } I _} Illllllll p llll Ill,llll�l;llllllll l llllllll l� ������ Illlllllllll. IlllllJlllllllllllIlpl »I»I»p,. { I I IIIIIII I { _ I IIII L. BCC Rangewide (CON) Brown -headed Nuthatch 00 0 00 0 0 00 0� o0 00 00 0 0 �II �r�II� � � I � ; Ire Jli%,1JJJ IJJJ Jli%, Jl 1 l,1JJJJ 1J� l,1JJJ 1J� l� 1 1111 JJr l�r I�JJ 1111 1111 III r I � Ire Ire I I � � Ire Ir I Ire I � Ire Ire BCC -BCR Cerulean Warbler BCC Rangewide (CON) Chimney Swift ff BCC Rangewide (CON) Eastern s ern Whip -poor - will BCC Rangewide (CON) Gull -billed Tern BCC Rangewide I }} I I I" I" I L IJI1pl »�-I Ills, I I I I I I (CON) King Rail BCC Rangewide (CON) Lesser Yellowlegs BCC Rangewide ;III I lu, IIJ, I L} I I _} Illl p, p„ L p1, } I I I I} IIII I I I I L I I I L I I I IIIIII I I I p 111 (CON) Marbled Godwit BCC Rangewide III��� • I �� ���•. �� III, .��� . �, ���� L ��I•.III I- U I � I �. ���, �. �, �. ��. L III �,,,���� � � o III"IIIp1J III������I�� IIIp1J ���III I" III; L.� I III ��L.���"". (CON) SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Painted Bunting 6 { { { L IIIIIIJIIIII; l Illliiil��l II ll Ill,IllalJ lllalll Ill l 11�111� I11111J 11111111111111111111111�llllll III III IIII�I,llll�l III IIII 6 6 - I I I Illp» BCC -BCR Pectoral Sandpiper BCC Rangewide (CON) Prairie Warbler I',,,,,,1 I" L 1; ,III, ollll ,I fflllo Ill; 111 » ,IIIIIIII BCC Rangewide III (CON) Prothonotary Warbler BCC Rangewide (CON) Purple Sandpiper BCC Rangewide (CON) Red-headed o 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Woodpecker ,I III, I L I ,I IL I (I IIaIJJIIa llJ11111JJ1111� llalJ llllll�ll ll�l1J11111111�llalJ 11111J 11 l I,,I I IL III BCC Rangewide (CON) Rudd 'Turnstone o 0 0 o 0 0 o 0 0 0 0 0 0 y uiuilllllluilio ��� ���I��iiil ���Iiiip,, I uilllllll l ���� iiiiiiliillp����l iiil���l I I IIIIII iiiliiillll�llllllllll Ill�������p,,���1�� (iiiliil���p�� iiiliiilii l III ���IIlllll���p»��� BCC -BCR Rusty Blackbird I u llll } I I} I I I} I I L I I I I L L I L I I L I I I} Illf 1 1 BCC -BCR Additional information can be found using the following links: ■ Eagle Management htti2s://www.fws.goy/program/eagle-ITianagement ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding,-and-rrlinimizing-incidental-take- i ratory-birds ■ Nationwide conservation measures for birds llttps://www,fws.gov/sites/default/files/ documents/nationwide-standard-conservation easures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ edia/sUDDlemen:tal-infor ation-mieratorv-birds-and-bald-and-golden-eagles-mav-occur- ,AF.11IN , ,AF.11,U1� Marine mammals are protected under the arine Mammal Protection Act. Some are also protected under the Endangered Species Acts and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. The responsibilities for the protection, conservation, and management of marine mammals are shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on this list; for additional information on those species please visit the Marine Mammals page of the NOAA Fisheries website. The Marine Mammal Protection Act prohibits the take of marine mammals and further coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown. 1. The Endangered Species Act (ESA) of 1973. 2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a treaty to ensure that international trade in plants and animals does not threaten their survival in the wild. 3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. QfAJLV110 West Indian Manatee Trichechus manatus Species profile: https://ccos,fws.gov/ecp/species/4469 10/26/ 02 ku IPAC USER CONTACT INFORMATION Agency: Southern Environmental Group, Inc. Name: Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email dlutheran@segi.us Phone: 9102281841 V%! r United States Department of the Interior, FISH AND WILDLIFE SERVICE "tl4 Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project code: 2024-0009822 Project Name: Alexandra Place Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Technical assistance for'Alexandra Place' Dear Dana Lutheran: October 27, 2023 This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on October 27, 2023, for 'Alexandra Place' (here forward, Project). This project has been assigned Project Code 2024-0009822 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. Other, Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: ■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) ■ Cooley's Meadowrue Thalictrum cooleyi Endangered ■ Green Sea Turtle Chelonia mydas Threatened ■ Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered ■ Leatherback Sea Turtle Dermochelys coriacea Endangered ■ Loggerhead Sea Turtle Caretta caretta Threatened ■ Magnificent Ramshorn Planorbella magni fica Endangered ■ Monarch Butterfly Danaus plexippus Candidate ■ Piping Plover Charadrius melodus Threatened ■ Red -cockaded Woodpecker Picoides borealis Endangered ■ Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered ■ Rufa Red Knot Calidris canutus rufa Threatened ■ Tricolored Bat Perimyotis sub flavus Proposed Endangered ■ West Indian Manatee Trichechus manatus Threatened You may coordinate with our Office to determine whether the Action may 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 689-133881036. (Alternatively, the originator of the project in IPaC can add the agency representative to the project by using the Add Member button on the project home page.) 2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to ensure that they are accurate. 3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to a concurrence letter. Download the concurrence letter for your files if needed. If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) federally listed species or designated critical habitat; or 3) a new species is listed, or critical habitat designated. If any of the above conditions occurs, additional coordination with the Service should take place before project implements any changes which are final or commits additional resources. If you have any questions regarding this letter or need further assistance, please contact the Raleigh Ecological Services Field Office and reference Project Code 2024-0009822 associated with this Project. 10/27/ 02 IfPaC If'/ecoir Il..ocator: 689 133881036 4. Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Alexandra Place 2. Description The following description was provided for the project 'Alexandra Place': Small townhouse community to be located in New Hanover County, NC. The site abuts Mott's Creek to the north and west and River Road to the east. The project site is currently wooded and work is anticipated to start within the next 3-6 moths. The approximate location of the project can be viewed in Google Maps: l-ttl2s: www. oo ,le.c.o mans/034,126614599999996,-77.91.481.025351.209,l..4z y rW T r�b 10/2""//202 111P C If'/ecoin Il..ocator: 689..13388.1036 DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect' for the Endangered northern long-eared bat (Myotis septentrionalis). QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. Your project overlaps with an area where northern long-eared bats may be present year- round. Time -of -year restrictions may not be appropriate for your project due to bats being active all year. Do you understand that your project may impact bats at any time during the year and time - of -year restrictions may not apply to your project? Yes 3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service currently has data to support the presumption that the northern long-eared bat is present. Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data on captures, roost tree use, and acoustic detections should post-date the year when white - nose syndrome was detected in the relevant state. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 4. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No 10/27/ 02 111P C If'/ecoin Il..oc� toir: 689..133881..036 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 7. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only. No 8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No 10/27/ 02 IIP: C [Record I[..ocatoir: 689..13388.1036 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:// w.f s.gov/media/northern-long-eared-bat-assisted-deterrnination-key_ selected -definitions No 11. Your project overlaps with an area where northern long-eared bats may be present year- round. Is suitable northern long-eared bat habitat present within 1000 feet of project activities? Yes 12. Will the action cause effects to a bridge? No 13. Will the action result in effects to a culvert or tunnel? No 14. Does the action include the intentional exclusion of northern long-eared bats from a building or structure? Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming bats, it should be done according to established standards. If your action includes bat exclusion and you are unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in structures No 10/2""// 02 IfPaC If'/ecoir Il..oc� toir: 689..13388.1036 8 15. Does the action involve removal, modification, or maintenance of a human -made structure (barn, house, or other building) known or suspected to contain roosting bats? No 16. Will the action 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). No 17. Will the action include or cause any construction or other activity that is reasonably certain to increase average daily traffic on one or more existing roads? Note: For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding, etc.). . Yes 18. Will the increased vehicle traffic occur on any road that lies between any two areas of contiguous forest that are each greater than or equal to 10 acres in extent and are separated by less than 1,000 feet? Northern long-eared bats may cross a road by flying between forest patches that are up to 1,000 feet apart. Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by less than 1,000 feet of non -forested area if the forested patches, added together, comprise at least 10 acres. Yes 19. For every 1,000 feet of road where increased traffic is expected, 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? Yes 20. Will the proposed action involve the creation of a new water -borne contaminant source (e.g., leachate pond pits containing chemicals that are not NSF/.ANSI 60 compliant)? No 21. Will the proposed action involve the creation of a new point source discharge from a facility other than a water treatment plant or storm water system? No 22. Will the action include drilling or blasting? No 23. Will the action involve military training (e.g., smoke operations, obscurant operations, exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)? No 10/27/ 02 111P C If'/r;card Il..ocatoir: 689..13388.1036 9 24. Will the proposed action involve the use of herbicides or pesticides other than herbicides (e.g., fungicides, insecticides, or rodenticides)? No 25. Will the action include or cause activities that are reasonably certain to cause chronic nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise is noise that is continuous or occurs repeatedly again and again for a long time. Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at: h tt:ps: //www.i ws.gov/media //northern-long-eared-bal-assi sted-determination-kQy-selected-definitions No 26. Does the action include, or is it reasonably certain to cause, the use of artificial lighting within 1000 feet of suitable northern long-eared bat roosting habitat? Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at: https: //www.i ws. gov/media/northern-long-ea red -bat -assisted -determination -key -selected -definitions No 27. Will the action include tree cutting or other means of knocking down or bringing down trees, tree topping, or tree trimming? Yes 28. Has a presence/probable absence summer bat survey targeting the northern long-eared bat following the Service's Range -wide Indiana Bat and Northern. Long -]Eared Bat. Survey Guidelines been conducted within the project area? If unsure, answer "No." No 29. Does the action include emergency cutting or trimming of hazard trees in order to remove an imminent threat to human safety or property? See hazard tree note at the bottom of the key for text that will be added to response letters Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property and has a diameter breast height of six inches or greater. No 30. Are any of the trees proposed for cutting or other means of knocking down, bringing down, topping, or trimming suitable for northern long-eared bat roosting (i.e., live trees and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities)? Yes 31. [Semantic] Does your project intersect a known sensitive area for the northern long-eared bat? Note: The map queried for this question contains proprietary information and cannot be displayed. If you need additional information, please contact your state agency or USFWS field office Automatically answered No 10/2 7/2023 I�PaC [Recard ..ocatoir: 689 133881036 10 32. Your project overlaps with an area where northern long-eared bats may be present year- round. To minimize or avoid impacts to the northern long-eared bat, all activities affecting trees should not occur from December 15th to February 15th and April 15th to July 30th. Will any project activites occur from December 15th to February 15th and/or April 15th to July 30th. Yes 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. 12 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. 12 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. 12 Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought down? No Will all project activities by completed by April 1, 2024? No IPAC USER CONTACT INFORMATION Agency: Southern Environmental Group, Inc. Name: Dana Lutheran Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email dlutheran@segi.us Phone: 9102281841 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Brad Shaver Email: brad.e.shaver@usace.army.mil Phone: 9102514611 RCW SLOPES Manual — North Carolina March 2022 [07 ilk] LTJrzf•C.�i M 10 US Army Corps of Engineers¢, Appendix B — Red -cockaded Woodpecker Effects Determination Key USFWS Reference No. (if applicable): 202-q- 0009'82_2_ Date C — ;;� 2,4 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.......................................................rvh t �.............................................................................go to 2 b) No ................................ (,a�:r►..�i .................%.........................................................................No effect2 ? 2) Is the action area' located in the northeastern coastal plain (see Appendix A)? a) Yes.......................................................................................................................................................go to 3 No (the project is located in piedmont, sandhills, or southeastern coastal plain)..................go to 4 3) Is the action areal 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 dbh')? a) Yes.......................................................................................................................................................go to 5 ,(.b No...................................................................................................................................................No effect2 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 IN RCW SLOPES Manual — North Carolina March 2022 6) Is the action area' 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>_g 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 area'? 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 area'. 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 area' 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.........................................................................................................................................................NLAA' 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 htp saw- ree.usace.army.mil/FOLPMList.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 area' (e.g. percussive activities, forest management, or similar disturbances), may be needed for the USACE to determine the action area(s)' 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 area'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) .................................................... .......... .................. NLAA1 c) No, the USACE determined that a survey was not required and the USFWS concurred.............................................................................................................................................NLAA' d) No, a survey was not performed..........................................................................Consultation required 10) Does the project involve activities or disturbances in the action area' (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 required5 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 seethe contact list at: http:/Lsaw-reR.usace.armv.mil/F0/PMUst.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 forthis 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.eov/rcwrecoverv/files/RecovervPlan/survey protocol.pdf) SConsultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the contact list at httr)://saw-reg.usace.armv.mil/FQ/PMList. . Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is necessary to 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 (httDs://www.fws.golrcwrecoverv/matrix,html) and for determining foraging habitat availability (https://www.fws,gov/ncsandhills/files/fha data collection Drocedures.odf). 7Follow link for additional information regarding determination for adequate amount of foraging habitat (https://www.fws.gov/rcwrecoverv/files/RecovervPlan/private lands guidelines.pdfl. a FHA — When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence. -TIQAdditional Information_ ,� (,l �t�,t �Ir IrY.t� Q� �'�'1 ` L��N 14 AY Alexandra Place PCN Attachments 2/1/24 EGI Attachment 8 New Hanover County Flood Map Page 10 of 12 AY Alexandra Place PCN Attachments 2/1/24 EGI Attachment 9 New Hanover County Floodplain Development Permit Page 11of12 New Hanover County BuildingSafety 1► Government Center Drive, Suite 170 Wilmington, +0: Permit: FDP-24-000003 Permit Type: NHC Floodplain Development Permit Issued ate: ProjectAddress: • Parcel #: 1 Ill 11 1 0000 Occupancy Type: Scope ofWork: 1 SO Ft: 0 Valuation: $0.00' Set Back Front: Set Back Left:1. „ Set Back Rear: Setaok Right: Set Back Between Structure: Special Zoning Comments: Proposed disturbance of 7,82 acres, AE 9% Coastal A. Scope of work is for fill & retaining walls. Description: 68 Lot townhouse development; proposed development outside of LIMWA for retaining walls & fill; AE 9` Permit Fees Name Amount Paid Due NHC Floodplain Commercial Final Inspection $45.00 $45.00 $0.00 Totals: $45.00 $45.00 $0.00 Special Notes and Comment: Contractor hereby agrees to take full responsibility as required by law for compliance with all State and Local Codes and Ordinances pertaining to construction and the conditions of this permit. All construction debris must be removed by the contractor. The county will not pick up any construction debris. Please call 910-798-7308 for inspections. Inspections requested by 3:30pm will be scheduled for the next business day. Inspections requested from 3:30pm to 5pm are scheduled for the day after the next business day Monday through Friday. Any disagreement with a decision made by a Building Safety Official (i.e. field inspector, or plan reviewer) may be brought before the Chief Building Inspector for review. Notice Page 1 of 2 230 Government Center Drive Suite: 170 Wilmington, NC 28403 AY Alexandra Place PCN Attachments 2/1/24 EGI Attachment 10 SHPO HPOWEB2.0 Map P I� .fie. 4 f! I"P fIP •, CY �'�� WdnW, i iR NIA}n ��IIrr EW V p a t6 i1 .v IVI NV= �� gd " I X rt 'G m a. S �CK r lre �> Page 12 of 12