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HomeMy WebLinkAbout20240302 Ver 1_Station 19 Attachments_20240219DAVEY#-, Resource Group February 19, 2024 TO: US Army Corps of Engineers NC Division of Water Resources 69 Darlington Avenue 127 Cardinal Drive Extension Wilmington, NC 28403 Wilmington, NC 28405 RE: Station 19; 5091 Business Drive; Morehead City; Carteret County, NC NWP 39 Application SAW-2022-00911 To Whom It May Concern: On behalf of HCC Investment Group LLC, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments for the Station 19 Project located at 5091 Business Drive in Morehead City, NC. The purpose of the project is to expand an existing aggregate laydown yard in an area that is in close proximity to their current facility and to an existing railroad tract, pit, and conveyor belt. The project proposes to impact 0.04 acre of a jurisdictional non -stream channel for access and site development. Because impacts are below the typical mitigation thresholds for the USACE nd because the feature is not a stream, no mitigation is proposed. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, Kim Williams Environmental Scientist Encl. Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 STATION 19 5091 Business Drive Morehead City; Carteret County, NC Action ID# SAW-2022-00911 PCN Attachments Table of Contents 1.0 AGENT AUTHORIZATION FORM 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan Showing Proposed Impacts 3.0 JURISDICTIONAL DETERMINATION 4.0 SITE PHOTOS (On Site and Adjacent Site) 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC List USFWS NLEB Determination Key 6.0 NC NPDES GENERAL STORMWATER PERMIT FOR CONSTRUCTION ACTIVITIES CERTIFICATE OF COVERAGE 1.0 AGENT AUTHORIZATION FORM DAVEY#-. Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: Uwe, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for Station 19 located at 5091 Business Drive, Morehead City, NC (Carteret County). All questions regarding this project should be directed to Davey Resource Group. Sincerely, Roger Hoaglund 2/19/2024 Print Name Date Phone: 910.452.0001 9 Fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 9 Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph Figure 5. Site Plan Showing Proposed Impacts n L>uietftd 3 Project Area a Newport C 7„ ' 7 4 v v u p� O A r r m a Newport River N, �h�aY7n • Coi,naY ckob Rd - rawda"'w� '' ? Arendofl S [ Morehead City Beautort Atlantic Bog ue Sound Beach Pine Knoll W Fa1z�f.acvn Rd Shores 5 a4tog Indian Heath Emerald Isle N Boundaries are approximate and not meant to be absolute. 0 1 2 4 Map Source: World Street Map Miles Station 19 Carteret County, NC DAVEY 4. IResource Group Figure 1. February 2024 3805 Wrightsville Avenue Vicinity Map RENV0001277 Wilmington, NC28403 (910)452-0001 � � h %OL s ti 17 1 Project Area X �r mp 9 St t,tafks ape A d, 0 Tax Parcel � Qat Boundaries are approximate and not meant to be absolute. N 0 200 400 800 Map Source: USGS Topographic Map; Mansfield Quad Feet Station 19 Carteret County, NC DAVEY # 1Resource Group Figure 2. February 2024 3805 Wrightsville Avenue Topographic M a p P.ENV0001277 Wilmington, NC 28403 (910) 452-0001 Boundaries are approximate and not meant to be absolute. N 0 100 200 400 Map Source: GIS Soils Data for Carteret Co. A Feet Station 19 Carteret County, NC DAVEY Resource Group Figure 3. February 2024 3805 Wrightsville Avenue Soils M a p P. ENV0001277 Wilmington, NC 28403 (910) 452-0001 Boundaries are approximate and not meant to be absolute. Map Source: 2023 Google Earth Image N A NOT TO SCALE Station 19 Carteret County, NC DA G T Resource Group Figure 4. February 2024 3805 Wrightsville Avenue Aerial Photo RENV0001277 Wilmington, NC28403 (910)452-0001 VICINITY MAP N.T.S. N/F LARRY W. ❑. B. 939 1 M.B. 32 1 NCPIN: 63560I EXISTING GRAVEL EN EX. CONVEYOR BELT-----, EX. RAILROA❑ LOADING SPUR TRACK TOTAL SITE AREA 487,057 SF 11.18 AC CURRENT EXISTING BUA GRAVEL ROAD F 3,415 ISF PROPOSED BUA PROPOSED GRAVEL ROAD 2,886 SF GRAVEL PARKING/STORAGE 117,336 SF TOTAL PROPOSED BUA 120,222 SF PROPOSED NET BUA CURRENT EXISTING BUA 3,415 SF NET BUA INCREASE 116,807 SF TOTAL PROPOSED BUA PERCENTAGE 23.98% 111411►1K E I R = EXISTING IRON ROD EIP = EXISTING IRON PIPE R/W = RIGHT OF WAY TEL = TELEPHONE ❑E = OVERHEAD ELECTRIC MB = MAP BOOK DB = DEED BOOK PG = PAGE CO T CLEAN OUT WM = WATER METER FH = FIRE HYDRANT CP = COMPUTED P❑INT LP = LIGHT POLE ELEC = ELECTRIC PP = POWER POLE ECM = EXISTING CONCRETE MONUMENT EMAG = EXISTING MAGNETIC NAIL PROPOSED OPEN WATER FILL D�� � GRAVEL SHEET # 2 OF 9 PROJECT #: 3005-001 DESIGN FILE #: 3005-001 Leased Sec#i❑n.dgn APPROX. C-ENTER OF MAIN TR/�C4�, 610 30 0 60 121 SCALE ./ Figure 5. Site Plan Showing Proposed Jurisdictional Impacts 0 A F2 O� s iL SEAL Q•. ENGfNE��4`�� 9 PG. 50 0 INVESTMENT GROUP, LLC N: 636601170732000 REVISIONS: 3.0 JURISDICTIONAL DETERMINATION WILMINGTON DISTRICT Action Id. SAW-2022-00911 County: Carteret County U.S.G.S. Quad: Morehead City NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner/Applicant: Address: Telephone Number: BRIDGES PARK 1 LLC C/o Matthew Johnson PO BOX 430, MOREHEAD CITY NC 28557 252-219-9172 Property Owner/Applicant: HCC Investment Group LLC C/o Sydney & James Cummings Address: 139 SOUTH SPOONERS ST MOREHEAD CITY NC 28557 Telephone Number: 252-241-6844 Size (acres) 44.5 Nearest Waterway Newport River USGS HUC 03020301 Nearest Town Morehead City River Basin White oak Coordinates Latitude:34.845765 Longitude:-76.764757 Location description: Site is located at 5081 Business Drive, PIN #'s: 636610276160000, 636610278070000, 636610266874000,636610268869000,636610268778000,636609271422000,636601089018000,in Carteret County,NC. Description of projects area and activity: PJD Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since thewaters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW-2022-00911 _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Thomas Charles at 910-251-4101 or Thomas. u.charles(a usace.army.mil. C. Basis For Determination: The proiect area exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and appropriate Regional Supplement. This determination is based on information submitted by Davey Resource Group, Inc. and a desktop review Thomas Charles (10/6/2022). Please see attached PJD form. D. Remarks: This determination is only for the proiect area depicted on PJD Reference Sketch, 5081 Business Drive Tract Carteret County, NC Date: April 5, 2022, Proiect # DRGNCW21.670. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A . It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Thomas Charles Date: 10/12/2022 Expiration Date: N/A. 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 http://corpsmapu.usace.army.mil/cm_gpex/f?p=136 *0. Page 2 of 2 SAW-2022-00911 NOTIFICATION OF ADNHNISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: BRIDGES PARK 1 LLC File Number: SAW-2022-00911 Date: 10-12-2022 C/o Matthew Johnson HCC Investment Group LLC C/o Sydney & James Cummings Attached is: Reference ma Dated 4/23/2020 See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hLtp://www.usace.anny.mil/Missions/CivilWorks/RegulatoiyProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. 06 A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. Page 3 of 2 SAW-2022-00911 D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: Thomas Charles CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, NC 28403 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: 404 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opporturn to participate in all site invest] ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Thomas Charles, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 Page 4 of 2 A--60OO/ f �� - - • •"' i W2 a Aeft_ T3 h 7 Legend Project Boundary — 44.5 ac - Potential Uplands — 42.5 ac (96%) - - W. Potential 404 Wetlands — 2 ac (4%) Potential Perennial Stream — 2,350 If Potential Waters of the US (RPW) — 2.870 If -�•r it Data Points .,, . , .. — -.-t •ems L:\WETLANDS\2021 WETLANDS FILES\LMG21.670 --- 5081 Business Dr, HCC Investment Group\Maps Boundaries are approximate and not meant to be absolute. Map Source: 2020 NC One Map +r •' ' -1 040. 1 �AV.-�" NOTE: This is not a survey. All boundaries and distances are considered approximate. This represents a preliminary sketch prepared from field note,, A survey of delineated areas and review and approval by the U.S. Army R� Corps of Engineers is recommended prior to specific site planning. r ��w, •� j N 0 150 300 600 Feet Scale applies to 11X17" print. Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/12/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Cameron Owens&Paul Farley,oRG, 3805 Whghtsvl Ile Ave., Ste. 15, Wilmington, INC 28403 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: 5081 Business Drive Tract D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Carteret City: Morehead City Center coordinates of site (lat/long in degree decimal format): Lat.: 34.740058 Long.:-76.797764 Universal Transverse Mercator: 18 S 335423.46 m E 3845675.59 m N Name of nearest waterbody: Newport River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): X Office (Desk) Determination. Date:10/6/2022 Ei Id Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) W1 34.741394 -76.799257 0.3 ac Wetland Waters Section 404 W2 34.741358 -76.798662 0.1 ac Wetland Waters Section 404 W3 34.738931 -76.794159 1.6 ac Wetland Waters Section 404 S 1 34.738028 -76.794961 1 , 694 If Non -Wetland Waters Section 404 S2 34.738243 -76.793500 651 If Non -Wetland Waters Section 404 T1 34.742773 -76.798947 667 If Non -Wetland Waters Section 404 T2 34.741589 -76.798524 420 If Non -Wetland Waters Section 404 T3 34.740086 -76.801182 237 Non -Wetland Waters Section 404 T4 34.739990 -76.800487 359 If Non -Wetland Waters Section 404 T5 34.739179 -76.798569 723 If Non -Wetland Waters Section 404 T6 34.740241 -76.794194 300 If Non -Wetland Waters Section 404 T7 34.740504 -76.797138 159 If Non -Wetland Waters Section 404 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:PJD Reference Sketch 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: USGS Manfield 7.5 Minute Topographic Quad ■❑ Natural Resources Conservation Service Soil Survey. Citation: _NRCS GIS Soils Data ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑■ Aerial (Name & Date): 2020 NC One Map, 1998 NAPP Infrared or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: x❑ Other information (please specify): NC QL2 LiDAR Data IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Thomas CharlesDigitally signed by Thomas Charles Date: 2022.10.12 11:20:43-04'00' Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 4.0 SITE PHOTOS (On Site and Adjacent Site) '. Y 1 7 k� ov 4 i _ Y" e 41 ✓.—� ! t Station 19; Carteret County, NC Site Photos Existing Laydown Yard Adjacent to Site d Existing Laydown Yard Adjacent to Site Station 19; Carteret County, NC Site Photos Jurisdictional Open Water to be Impacted Station 19; Carteret County, NC Site Photos View of Project Area 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List USFWS NLEB Determination Key Roy Cooper, Governor ■M■ NC DEPARTMENT OF i ■ l■■i�■■ NATURAL AND CULTURAL RESOURCES ■ ■■■ February 17, 2024 Kim Williams Davey Resource Group, Inc. 3805 Wrightsville Avenue Wilmington, NC 28403 RE. 5091 Business Dr Dear Kim Williams. D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-25000 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httl2s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritageLdncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 1:1 W. JONES STREET, PALED i_ [vC 27603 - 1CS1 MAIL SERVICE CENTER. RALEiGH. NC 276" OFC !J19 707.9120 • FAX 919.707.4121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area 5091 Business Dr February 17, 2024 NCNHDE-25000 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name.Ar Last Element Accuracy Federal Mate Global State Group servation Occurrence Status Status Rank Rank a & Date Rank Animal 5056 Waterbird Colony Waterbird Colony 2001 D 3-Medium --- --- GNP S3 Assemblage Animal 27084 Waterbird Colony Waterbird Colony 2007 D 3-Medium --- --- GNP S3 Assemblage Animal 23900 Waterbird Colony Waterbird Colony 2007 CD 3-Medium --- --- GNP S3 Assemblage Animal 33041 Waterbird Colony Waterbird Colony 2011 CD 3-Medium --- --- GNP S3 Assemblage Bird 23901 Sternula antillarum Least Tern 2007-06-18 CD 2-High --- Special G4 S3B Concern Bird 27085 Sternula antillarum Least Tern 2007-05-31 D 2-High --- Special G4 S3B Concern Dragonfly or 32036 Coryphaeschna ingens Regal Darner 2004-Pre H? 5-Very --- Significantly G5 S2? Damselfly Low Rare Dragonfly or 33787 Triacanthagyna trifida Phantom Darner 2004-Pre H? 5-Very --- Significantly G5 SH Damselfly Low Rare Freshwater Fish38939 Acipenser oxyrinchus Atlantic Sturgeon 2004-11-28 E 4-Low Endangered Endangered G3T3 S2 oxyrinchus Natural 41769 Brackish Marsh --- 2022-05-06 A 2-High --- --- G5 S5 Community (Needlerush Subtype) Vascular Plant 41276 Steironema hybridum Lowland Loosestrife 1919-07-19 H 5-Very --- Significantly G5 S2? Low Rare Peripheral Natural Areas Documented Within a One -mile Radius of the Project Area Representational Rating Collective Rating Newport River and Black Creek Wetlands R2 (Very High) C3 (High) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type - Carteret County Open Space Carteret County Local Government Carteret County Open Space Carteret County Local Government Page 2 of 4 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type - North Carolina Coastal Land Trust - Newport River North Carolina Coastal Land Trust Private Marshes Preserve Town of Morehead City - Bryan Street Pond Town of Morehead City Local Government Town of Morehead City Open Space Town of Morehead City Local Government Town of Morehead City Open Space Town of Morehead City Local Government Mountains -to -Sea Trail NC DNCR, Division of Parks and Recreation State Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/helr). Data query generated on February 17, 2024; source: NCNHP, Winter (January) 2024. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 NCNHDE-25000: 5091 Business Dr ak�o❑ Riser Rd O �on��•rL a .1sR dy 7p VY Bus- Gesg Or 4Z? ywine ty 76 b D Country Club Rd m a Bay 70 rb S�- ca� 24 a 0� ry yo ae'' nWa4 w a9sn m ArerySr N4c y a Midyette Ave w N H❑ !y y sands End 0.25 0.5 1 Miles S I l t t I l l t I February 17, 2024 ® NHP Natural Area (NHNA) Managed Area (MAREA) Q Buffered Project Boundary Q Project Boundary Esri, NASA, NGA, IJSGS. FEW Stale of North Carolina DOT, Es.i, TomTom, Garmin, SateGraph, Geoiachnolog ies. Inc, METIINASA, [J SGS, EPA, NPS- tJS Cansus Bureau, USDA, USFWS Page 4 of 4 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0050868 Project Name: 5091 Business Drive February 17, 2024 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 Project code: 2024-0050868 02/17/2024 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. 2of15 Project code: 2024-0050868 02/17/2024 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 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 3916 Sunset Ridge Rd Raleigh, NC 27607-3726 (919) 856-4520 3of15 Project code: 2024-0050868 02/17/2024 PROJECT SUMMARY Project Code: 2024-0050868 Project Name: 5091 Business Drive Project Type: Commercial Development Project Description: industrial development Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/034.740518550000004,-76.80047366656001,14z Counties: Carteret County, North Carolina 4of15 Project code: 2024-0050868 02/17/2024 ENDANGERED SPECIES ACT SPECIES There is a total of 13 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 5of15 Project code: 2024-0050868 02/17/2024 BIRDS NAME STATUS Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10477 Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Rufa Red Knot Calidris canutus rufa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1110 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 6of15 Project code: 2024-0050868 02/17/2024 FLOWERING PLANTS NAME STATUS Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection 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 in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treat, Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are bald and/or golden eagles in your project area. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. 7of15 Project code: 2024-0050868 02/17/2024 NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 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 "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC 4TTT ii 0 400 L+� +,+' ++1+ +0++ ++'+ +++++ + +""" , +C ZZZ� Vulnerable --- .mod ■ m---- —arm MEME MEMO ---- ---- ---- ---- Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds 8of15 Project code: 2024-0050868 02/17/2024 • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Actl 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 in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 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, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON American Kestrel Falco sparverius paulus Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31 (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9587 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. https:Hecos.fws.gov/ecp/species/8935 Bachman's Sparrow Aimophila aestivalis Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 30 and Alaska. https:Hecos.fws.gov/ecp/species/6177 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 9of15 Project code: 2024-0050868 02/17/2024 NAME BREEDING SEASON Black Skimmer Rynchops niger Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15 and Alaska. https:Hecos.fws.gov/ecp/species/523 Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9427 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25 and Alaska. https:Hecos.fws.gov/ecp/species/9406 Gull -billed Tern Gelochelidon nilotica Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https:Hecos.fws.gov/ecp/species/9501 Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20 and Alaska. https:Hecos.fws.gov/ecp/species/9443 King Rail Rallus elegans Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 5 and Alaska. https:Hecos.fws.gov/ecp/species/8936 Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/ecp/species/9679 Marbled Godwit Limosa fedoa Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https:Hecos.fws.gov/ecp/species/9481 Painted Bunting Passerina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15 (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9511 Prairie Warbler Dendroica discolor Breeds May 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https:Hecos.fws.gov/ecp/species/9513 10 of 15 Project code: 2024-0050868 02/17/2024 NAME BREEDING SEASON Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https:Hecos.fws.gov/ecp/species/9439 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. https:Hecos.fws.gov/ecp/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:Hecos.fws.gov/ecp/species/10633 Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9478 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/ecp/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. https:Hecos.fws.gov/ecp/species/9480 Swallow-tailed Kite Elanoides forficatus Breeds Mar 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jun 30 and Alaska. https:Hecos.fws.gov/ecp/species/8938 Willet Tringa semipalmata Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5 and Alaska. https:Hecos.fws.gov/ecp/species/10669 Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https:Hecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental 11 or 15 Project code: 2024-0050868 02/17/2024 Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC American Kestrel *010 +++0 ,+++ lig iiij :::::: ji jg+ ++++ 1111 „++ I+I+ BCC -BCR TT American Oystercatcher +*d +0*1 dII loll loll 11+1 +++ + +�1� + 01111111111 BCC Rangewide (CON) B'S Sparrow BCCCC Rangewide ++++ ++++ ++++ ++++ I I I I I �� � J" ++++ ++++ ++++ Rangewide (CON) Bald Eagle Non -BCC +*1$ +00 0+++ +1+1 ++1+ +0++ ++1+ ++++ +++1111� Vulnerable I== Mi■■■■ ---- ---- ---- ---- Black Skimmer LL + +* --7; 7Q" III+ 1+++ ++++ ++++ BCC Rangewide (CON) Brown -headed Nuthatch 010/0011 IIP 11+6 �6+� +010 ++IN +1++ +++1 +111 II++ +III BCC -BCR Chimney Swift BCC Rangewide ++++ ++++ ++++ +1+1 +111loll 111111+11++1 ++++ ++++ ++++ (CON) 12 of 15 Project code: 2024-0050868 02/17/2024 Gull -billed Tern ++++ ++++ ++++ ++++ 71 TM „+, ++++ ++++ ++++ ++++ ++++ BCC Rangewide NONE M` (CON) Kentucky Warbler BCC Rangewide +++ I I r++ ++++ ++:: :: + ++++ ++++ ++++ ++++ (CON) King Rail BCC Rangewide ++++ ++++ ++++ ++++ +++ ++++ + ++++ (CON) Lesser Yellowle BCC Rangewides ++++ ++++ ++++ „+' 0+++ ++++ ++++ ++++ +++1 ++++ ++++ ++*+ (CON) Marbled Godwit BCC Rangewide ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++,+++ ++++ (CON) SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Painted Bunting ++++ *+++ 0+++ +++ I 1 *+�' ++++ ++++ ++++ ++++ +0++ BCC -BCR Prairie Warbler yy ���� BCC Rangewide ++++ ++T+ ++++ +++' Cl ++++ +,++ +„+'+++ is++ ++++ ++o+ (CON) Prothonotary Warbler ++++ ++++ ++I+ �++, +,++ ++++ ++0 +,++ ++++ +0++ ++++ ++++ BCC Rangewide ��� MEME MEME bmm (CON) Red-headed Woodpecker + I I I I 10,++ ++,I I Jill Jill l i I l i 1 I 1 I III BCC Rangewide (CON) Ruddy Turnstone 00 loom 11+1 dill UP 10++ ++++ NINE +111 Noll 1+11 1111 BCC -BCR Rusty Blackbird ++*+ +++++++ ++++ ++++ ++++ ++++ ++++ ++++ BCC -BCR Saltmarsh Sparrow + + + ++++ ++++ ++++ ++++ +++ ++ ++++ +0+* BCC Rangewide (CON) Short -billed Dowitcher iT�+ ++T+,++' +111 0+1+ ++++ +++■ ++++ ++++ ++,+,+++ +0++ T BCC Rangewide (CON) Swallow-tailed Kite BCC Rangewide ++++ ++++ + + ........................ (CON) C BC Rangewide *111 mill IIII ME Im mill III! pill 1111 +1111+111111 BCC (CON) sm 13 of 15 Project code: 2024-0050868 02/17/2024 Wood Thrush I I 1 I I F.Mmm MM■ BCC Rangewide ++++ ++++ ++++ + ++++ ++ + + ................ (CON) `MMM MM■■ Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.Ddf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action 14 of 15 Project code: 2024-0050868 02/17/2024 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Kim Williams Address: 3805 Wrightsville Avenue Address Line 2: Suite 15 City: Wilmington State: NC Zip: 28403 Email kim.williams@davey.com Phone: 9104520001 15 of 15 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: February 17, 2024 Project code: 2024-0050868 Project Name: 5091 Business Drive Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Technical assistance for'5091 Business Drive' Dear Kim Williams: 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 February 17, 2024, for '5091 Business Drive' (here forward, Project). This project has been assigned Project Code 2024-0050868 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: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 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) • Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened • 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 390-138820124. (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: 02/13/2024 2of12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 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 2024-0050868 associated with this Project. DKey Version Publish Date: 02/13/2024 3 of 12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name 5091 Business Drive 2. Description The following description was provided for the project '5091 Business Drive': industrial development The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/034.740518550000004,-76.80047366656001,14z DKey Version Publish Date: 02/13/2024 4 of 12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 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: 02/13/2024 5of12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 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: 02/13/2024 6 of 12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 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-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 DKey Version Publish Date: 02/13/2024 7 of 12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 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). 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.). . No 18. Will the action include or cause any construction or other activity that is reasonably certain to increase the number of travel lanes on an existing thoroughfare? 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.). No 19. 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 20. 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 21. Will the action include drilling or blasting? No 22. 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 23. Will the proposed action involve the use of herbicide or other pesticides (e.g., fungicides, insecticides, or rodenticides)? No DKey Version Publish Date: 02/13/2024 8of12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 24. 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: https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No 25. 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.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions No 26. Will the action include tree cutting or other means of knocking down or bringing down trees, tree topping, or tree trimming? Yes 27. 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 28. 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 29. 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 30. [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 DKey Version Publish Date: 02/13/2024 9of12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 31. 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 DKey Version Publish Date: 02/13/2024 10 of 12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 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. 3 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. 3 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. 0 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 DKey Version Publish Date: 02/13/2024 11 of 12 Project code: 2024-0050868 IPaC Record Locator: 390-138820124 02/17/2024 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Kim Williams Address: 3805 Wrightsville Avenue Address Line 2: Suite 15 City: Wilmington State: NC Zip: 28403 Email kim.williams@davey.com Phone: 9104520001 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers Name: Tom Charles DKey Version Publish Date: 02/13/2024 12 of 12 6.0 NC NPDES GENERAL STORMWATER PERMIT FOR CONSTRUCTION ACTIVITIES CERTIFICATE OF COVERAGE Certificate of Coverage STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF ENERGY, MINERAL, AND LAND RESOURCES GENERAL PERMIT NO. NCG010000 NC Reference No. NCG01-2024-0208 Certificate of Coverage No. NCC240208 STORMWATER DISCHARGES NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with the provision of North Carolina General Statute 143-215.1, other lawful standards and regulations promulgated and adopted by the North Carolina Environmental Management Commission, and the Federal Water Pollution Control Act, as amended, HCC Investment Group, LLC is hereby authorized to discharge stormwater associated with CONSTRUCTION ACTIVITIES to surface waters of North Carolina from a site located at: Station 19 5091 Business Drive Morehead City Carteret County in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in N.C. General Permit No. NCG010000. This Certificate of Coverage is affiliated with E&SC Plan Project No. CARTE-2024-0105 This Certificate of Coverage shall become effective 1 /30/2024. This Certificate of Coverage shall remain in effect until rescinded or expired. This Certificate of Coverage will expire on the anniversary of its effective date unless it is renewed by payment of the annual administration and compliance fee. William E. Vinson, Jr., PE, CPESC, CPM, Interim Director Division of Energy, Mineral, and Land Resources By the Authority of the Environmental Management Commission