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HomeMy WebLinkAbout20220430 Ver 2_Design/Maps/Site Plans_20240305DAVEYIn Resource Group TO: US Army Corps of Engineers 69 Darlington Avenue Wilmington, NC 28403 January 10, 2024 NC Division of Water Resources 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Cresswind Subdivision, Phase 1; Brunswick County, NC NWP 29 & 58 Application Action ID# SAW-2022-00654 & DWR # 20220430 To Whom It May Concern: On behalf of Blueberry Ventures, LLC, Davey Resource Group is submitting a Pre -Construction Notification form and associated attachments for Phase 1 of the Cresswind residential development, located off Hale Swamp Rd in Shallotte, NC. The purpose of the project is to construct a residential subdivision and associated utilities within the tract to serve the housing needs of Brunswick County. The project proposes to impact 0.14 acre of jurisdictional ditches for site development. Note that Section 404/401 permits for Phase 1 of the overall residential development were issued in 2022, which authorized 0.4 acre of jurisdictional ditch and 0.09 acre of wetland impacts. No impacts have occurred on site. The site plan has since changed and impacts in Phase 1 have been reduced. Additionally, we are including a public trust waters crossing via directional bore to this application. Additional impacts in Phase 2 are anticipated, but this phase has not been fully engineered yet. A schematic site plan showing anticipated Phase 2 impacts is included for informational purposes. If you have any questions, or would like to discuss the application, please do not hesitate to call. Thank you for your assistance. Sincerely, L Kim Williams Environmental Scientist Encl. www.davey.com • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 Cresswind Subdivision; Phase 1 Brunswick County Action ID# SAW-2022-00654 & DWR # 20220430 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 3.0 SITE PLAN DRAWINGS Sheet 1. Overall Project Site Plan (Phases 1 & 2, and Utility Corridor) Sheet 2. Development Site Plan (Phases 1 & 2) Sheet 3. Typical Ditch Impact Cross Section with Culvert Sheet 4. Directional Drill Crossing Plan View Sheet 5. Directional Drill Crossing Profile 4.0 WETLAND INFORMATION Phase 1 Wetland Map (Approved by USACE) Phase 2 Wetland Map (Not Yet Approved by USACE) Utility Line Corridor Wetland Map & Data Forms (Not Yet Approved by USACE) 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List NLEB MANLAA Determination Key 6.0 PREVIOUS SECTION 404/401 PERMITS 1.0 AGENT AUTHORIZATION FORM 4LMG LAND MANAGEMENT GROUP a DAVEY#— company DAVEY1® Resource Group AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: I/we, the undersigned, hereby authorize Davey Resource Group/Land Management Group to act as our agent in the preparation and representation of information related to the Section 404/401 permit application for the Cresswind project located in Brunswick County, NC. All questions regarding this project should be directed to Davey Resource Group/Land Management Group. Sincerely, I Applicant t t�iayN i W I-M!�) C i Print Name L, 2I Date www.davey.com • Phone: 910.452.0001 • fax: 910.452.0060 3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403 2.0 SITE MAPS Figure 1. Vicinity Map Figure 2. Topographic Map Figure 3. Soils Map Figure 4. Aerial Photograph r ao r Kr'Lo I peach or SW OVERALL PROJECT AREA C r_ U 1'ij Ocean Isle Balch i 4Sah OL STD _ far 5` Shallatte a 2 n r LAWETLANDS\2021 WETLANDS FILES\LMG21.085 --- Blueberry Tracts, D Logan\MAPS N Boundaries are approximate and not meant to be absolute. 0 0.5 1 2 M112S Map Source: World Street Map Cresswind T Brunswick County, NC 4LMG LAND MANAGEMENTGROUP Figure 1. January 2022 a DAVEA company Vicinity Map 3805 Wrightsville Avenue LMG21.085 Wilmington, NC 28403 (910)452-0001 -40 ,. - i Sauce Az I Phase 1 ] L t Y7 F .-----------��' ■ 49 Phase 2 f L J yJ � 0 f ■ �r-ems � � ^r��� f L:\WETLANDS\2021 WETLANDS FILES\LMG21.085 --- Blueberry Tracts, D Logan\MAPS N Boundaries are approximate and not meant to be absolute. 0 300 600 1,200 Feet Map Source: USGS Topographic Ma - Shallotte Quad Cresswind Brunswick County, NC DAVEY Resource Group Figure 2. January 2024 LMG21.085 3805 Wrightsville Avenue Wilmington, NC 28403 Topographic Map (910)452-0001 .1 r ��ffr TO Mu }} KrB i I Mu _� _ Mu Phase 1 I Mu Ma -- - - BaB Phase 2 W - - \ BaB PI 1 W BaB a BnB &GoA 1 — r LEGEND ~ - Mk\� / BaB: Baymeade fine sand LO BnB: Blanton fine sand 1 Lo: Leon find sand BaB r�l + r--71 Ma: Mandarin fine sand -- — Mu: Murville fine sand Mk W: Water L:\WETLANDS\2021 WETLANDS FILES\LMG21.085 --- Blueberry Tracts, D Logan\MAPS N Boundaries are approximate and not meant to be absolute. 0 300 600 1,200 Feet Map Source: NRCS GIS Soils Data for Brunswick Co. Cresswind 10- Brunswick County, NC DAVEY Resource Group 3. January 2024 3805 Wrightsville Avenue Soils Soils Map LMG21.085 Wilmington, NC 28403 (910)452-0001 tHillRd-SW _v 3.0 SITE PLAN DRAWINGS Sheet 1. Overall Project Site Plan (Phases 1 & 2, and Utility Corridor) Sheet 2. Development Site Plan (Phases 1 & 2) Sheet 3. Typical Ditch Impact Cross Section with Culvert Sheet 4. Directional Drill Crossing Plan View Sheet S. Directional Drill Crossing Profile NOTE: WATER FEATURES SHOWN BASED ON SECTION 401/404 / PRELIMINARY DELINEATION SKETCHES DATED 10.01.2021 (PH1), 06.13.2023 (PH2), & 08.21.2023 (OFFSITE) PREPARED BY DAVEY RESOURCE GROUP I AMp ROAD \ �S Q IN O - o- t C i OFFS, I E ROADWAY IMPROVEMENTS Al i I 300' 600' 1200' 4 SCALE: 1"=600' (Horiz.) 1 1 OVERALL PROJECT SITE PLAN SCALE: 1°=600' vWFK1N4&=D v 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048, Fax: (910)251-8282 License: F-1222 www.mckimcreed.com SEAL SEAL CRESSWIND 907 CEDAR KEY RD SW SHALLOTTE 28470 COUNTY OVERALL PROJECT SITE PLAN DATE: 01/08/2024 MCE PROJ. # 09333-0001 DRAWN BDP/TRC DESIGNED BDP/TRC CHECKED TRC PROJ. MGR. RMC DRAWING NUMBER SCALE HORIZONTAL: AS SHOWN 1 of 5 VERTICAL: AS SHOWN STATUS: NWP IMPACT PERMITTING PHASE 2 FUTURE WETLAND 0.114 AC I EXISTING OPEN WATER/ WATERS OF THE U.S. I ' EXISTING OPEN WATER NON -WATERS OF THE U.S. (BORROW PIT) PROPOSED STORMWATER CONTROL MEASURE PHASE 2 FUTURE IMPACT _0.021 AC WETLAND 102 LF INTERMITTENT STREAM PHASE 2 FUTURE WOUS IMPACT 0.005 AC LENGTH: 58 LF (4' WIDE) u uuu / EXISTING WETLAND IMPACT (TYP ) EXISTING WATER FEATURE t u 144 I ��J OFFSITE FORCE MAIN (TYP.) / 1 1 DEVELOPMENT SITE PLAN v NI�K1N4 & CREED v 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048, Fax: (910)251-8282 License: F-1222 www.mckimcreed.com u� SEAL /, \ IMPACT #1 TYPE: POTENTIAL WATERS OF THE US (NON STREAM) AREA: 314 SF / 0.007 AC LENGTH: 78 LF (4' WIDE) PHASE 2 FUTURE WETLAND/STREAM IMPACT Road Widening (0.028 ac/55 LF 1 11 : �I IMPACT #3 TYPE: POTENTIAL WATERS OF THE US (NON STREAM) AREA: 290 SF / 0.007 AC LENGTH: 73 LF (4' WIDE) -u SEAL �9 I I 1 \ \ II IMPACT #5 TYPE: POTENTIAL WATERS OF THE US (NON STREAM) AREA: 735 SF / 0.017 AC II LENGTH: 184 LF (4' WIDE) ITT 0 150' 300' 600' 4 MI SCALE: V=300' (Horiz.) / u/ >\����✓ � �\ FUTURE IMPACT #9 TYPE: POTENTIAL WATERS OF THE US (NON STREAM) AREA: 296 SF / 0.007 AC u LENGTH: 74 LF (4' WIDE) -u uu u- / BRICKLANDING ROAD CRESSWIND 907 CEDAR KEY RD SW SHALLOTTE 28470 COUNTY DEVELOPMENT SITE PLAN IMPACT SUMMARY IMPACT #1 : 314 SF / 0.007 AC IMPACT #2 : 281 SF / 0.006 AC IMPACT #3 : 290 SF / 0.007 AC IMPACT #4 : 2,290 SF / 0.052 AC IMPACT #5 : 735 SF / 0.017 AC IMPACT #6: 1,216 SF / 0.028 AC IMPACT #7: 273 SF / 0.006 AC IMPACT #8: 282 SF / 0.006 AC IMPACT #9: 296 SF / 0.007 AC IMPACT #10: 296 SF / 0.007 AC TOTAL: 6,273 SF / 0.14 AC IMPACT #6 •`• TYPE: POTENTIAL WATERS • OF THE US (NON STREAM) `. •..•• AREA: 1,216 SF / 0.028 AC LENGTH: 304 LF (4' WIDE) IMPACT #7 '. :.TYPE: POTENTIAL WATERS OF THE US (NON STREAM) .*.AREA: 273 SF / 0.006 AC LENGTH: 68 LF (4' WIDE) IMPACT #8 TYPE: POTENTIAL WATERS OF THE US (NON STREAM) AREA: 282 SF / 0.006 AC LENGTH: 71 LF (4' WIDE) II IIE FUU IMPACT #10 TYPE: POTENTIAL WATERS OF THE US (NON STREAM) AREA: 296 SF / 0.007 AC LENGTH: 74 LF (4' WIDE) I I DATE: 01/08/2024 MCE PROJ. # 09333-0001 DRAWN BDP/TRC DESIGNED BDP/TRC CHECKED TRC PROJ. MGR. RMC SCALE: 1" = 300' DRAWING NUMBER SCALE HORIZONTAL: AS SHOWN 2 of 5 VERTICAL: AS SHOWN STATUS: NWP IMPACT PERMITTING 1 1 TYPICAL IMPACT AREA WITH CULVERT vWFK1N4&=D v 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048, Fax: (910)251-8282 License: F-1222 www.mckimcreed.com 45 45 —[VARY OTE: ELEVATIONS GRADE EXISTING GRADEIl::�■� r7�t. PROPOSED -.�. INV. VARIES A- LINE WITHIN PIPE -.. INV. VARIES 1 A -ES PROPOSEDSOIL -WITH 5" SOIL 0% � L GENERALLY EXISTING 1 1 SEAL SEAL 0 25' 50' 100' 0 2.5' 5' 10' SCALE: 1"=50' (Horiz.) SCALE: 1"=5' (Vert.) CRESSWIND 907 CEDAR KEY RD SW SHALLOTTE 28470 COUNTY TYPICAL IMPACT AREA WITH CULVERT DATE: 01/08/2024 MCE PROJ. # 09333-0001 DRAWN BDP/TRC DESIGNED BDP/TRC CHECKED TRC PROJ. MGR. RMC SCALE: 1" = 50' DRAWING NUMBER SCALE HORIZONTAL: AS SHOWN 3 of 5 VERTICAL: AS SHOWN STATUS: NWP IMPACT PERMITTING APPROXIMATE LOCATION FOR HORIZONTAL DIRECTIONAL DRILL EQUIPMENT STAGING AREA (251 x 12'W) AND BORE PILOT HOLE gf�J E E Ems_ �E E T 642 LF (APPROX.) 6" FUSIBLE PVC (DR-18) FORCE MAIN INSTALLED BY T\ l T HORIZONTAL DIRECTIONAL DRILL fni 6fm T 6fm EXISTING TREES P' T 6fm TO REMAIN 'r HIGH WATER 'A A (TYP.) X tY T LINE T � I T COASTAL WETLAND U LIMITS W O �._. �c4�i Gw �I 1 1 DIRECTIONAL DRILL WETLAND CROSSING PLAN vWFK1N4&=D v 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048, Fax: (910)251-8282 License: F-1222 www.mckimcreed.com SEAL SEAL 1 f rn 611 CRESSWIND 907 CEDAR KEY RD SW SHALLOTTE 28470 COUNTY DIRECTIONAL DRILL WETLAND CROSSING PLAN 75.00' T r WETLAND LIMITS EXISTING TREES' TO REMAIN (TYP.) 30.00, fm I fro HIGH WATERr' LINE APPROXIMATE LOCATION OF —r HORIZONTAL DIRECTIONAL DRILL RECEIVING PIT (251 x 12'W) AND BORE EXIT HOLE I I 0 25' 50' SCALE: V=50' (Horiz.) DATE: 01/08/2024 MCE PROJ. # 09333-0001 DRAWN BDP/TRC DESIGNED BDP/TRC CHECKED TRC PROJ. MGR. RMC r of '- - iroprl SCALE: 1" = 50' DRAWING NUMBER SCALE HORIZONTAL: AS SHOWN 4 Of 5 VERTICAL: AS SHOWN STATUS: NWP IMPACT PERMITTING r � ENEEN EENEENE 0 111001 M Ell �Mj NOTE: NO IMPACTS TO WETLANDS/ WATER FEATURES I��� PROPOSED i � � ' ��I��� ■■FBI M�� Miimmi NEWEENN ■■MI E MEMI NEW �- 0 m I MEN MINNIE EXISTING NTAL DIRECTIONAL DRILL IENT AND•WETLANDRE I HOLE 'Sribqls, r COASTALPILOT AT JINNYS BRANCH SEEEEC I MINE ME ST REA 6"MJ GATE VALVE iENE1N lie EI1IEIIIN111IIIN �����������■������������v AMEN INEEN ME MINE ENNE ME �_ --NINE MENNEN �EEEW_= of DIRECTIONAL DRILL WETLAND CROSSING PROFILE SCALE: 1"=100'VERTICAL/I"=10'HORIZONTAL vWFK1N4&=D v 243 North Front Street Wilmington, North Carolina 28401 Phone: (910)343-1048, Fax: (910)251-8282 License: F-1222 www.mckimcreed.com SEAL SEAL CRESSWIND 907 CEDAR KEY RD SW SHALLOTTE 28470 COUNTY DIRECTIONAL DRILL WETLAND CROSSING PROFILE DATE: 01/08/2024 MCE PROJ. # 09333-0001 DRAWN BDP/TRC DESIGNED BDP/TRC CHECKED TRC PROJ. MGR. RMC SCALE HORIZONTAL: AS SHOWN VERTICAL: AS SHOWN DRAWING NUMBER 5 of 5 STATUS: NWP IMPACT PERMITTING 4.0 WETLAND INFORMATION Phase 1 Wetland Map Phase 2 Wetland Map Utility Line Corridor Wetland Map & Data Forms L:\WETLANDS\2021 WETLANDS FILES\LMG21.085 --- Blueberry Tracts, D Logan\MAPS N Boundaries are approximate and not meant to be absolute. 0 200 400 800 Map Source: 2020 NC OneMap Aerial Photography A Feet Blueberry Tracts Brunswick County, NC Map Date: 10/01/2021 LMG21.085 4mF L M G LAND MANAGEMENT GROUP a DAVEA company 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Preliminary Upland/Wetland Delineation Sketch Ladd Rd 'kr i A., Tia� m, AM 7s tip Ar 4L 0. 0 Ina Al N'r !f. -1 IL. VQ Project Area — 132.9 ac Potential Perennial Stream — 1, 170 L.F. it Potential Uplands — 120.87 ac (91 %) Potential Intermittent Stream — 1,400 L.F. . -J Potential Waters of the US (Non -stream) — Potential 404 Wetlands — 1.4 ac (1 %) 2,800 L.F. 4 Potential Open Water — 2.1 ac (2%) Potential Upland Drainage Feature (No OHWM) — 800 L.F. 4 Approximate Mine Boundary — 8.5 ac (6%) Data Points Potential Upland Borrow Pit (No OHWM) — P! " r SWiTx' x '� '.:• Y' '. ..•i,_ � � S-e - ._yam �� r Park Avg Sw. _ r 4. A Edn4.a Way k. kjr • �� �'" t.,f.�,' "` ^*+r.,. s; R. aaafff Legend "!! Project Area (Utility Line) —8,180 If Utility Line Survey Area 1 • ir 404 Wetland —0.03 Acres Waters of the U. S.(Non-Stream RPW) —155 If Non -Jurisdictional Ditch —1,967 If Coastal Wetla• Line —0.06 Acres Coastal Wetland Normal High Water Line 1 A,1. ., 75-ft AEC x: t —Saucepan Creek —67 If sit. � �..:, .••' � � ,Y };: ,�� y ;.Vr �` W x 'ILA- P 11.10 Nk g co -41 A n A* Jr Rd sw Aw Ord; 1S.4 r 4. 4k r,.• . V' 1 T� lo, iAA lok At out h I arl(l, VV ay 4 -46, IK I 0K. A V w EL ..w 7' 4e�N 30 start I ok n50 stop YO f. wr.t 'lie top n40 start 4s, J n30 stop Sw ,,, `' ., s. ' 7 nlO stop.,-.;, 4 m19 nl start 2 o p _x j?q M8 llki m5 Al, _Y A WI Ti S ft A >L —Mat _iL -1. 4y n5Q stop TAM n40 start J; ni st A 4 nlO stop 4-10 cl 19 T. A . 17, AV— i� AJ V A4 lk Z4 ALI& 301 A�S V 71 c lw N U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Blueberry/Cresswind Utility Line City/County: Shallotte/Brunswick Sampling Date: 8/15/23 Applicant/Owner: Blueberry Properties Inc / Blueberry Ventures State: NC Sampling Point: DP1-UP Investigator(s): Mark Westendorff - DRG Section, Township, Range: Landform (hillside, terrace, etc.): Hillslope Local relief (concave, convex, none): Convex Slope (%): 2-4 Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 33.921796 Long:-78.408385 Datum: NAD83 Soil Map Unit Name: PaA: Pactolus fine sand NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: According to Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network, normal rainfall conditions were present at the time of the field work. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _Surface Soil Cracks (B6) _Surface Water (Al) _Aquatic Fauna (B13) _Sparsely Vegetated Concave Surface (B8) _ High Water Table (A2) _ Marl Deposits (B15) (LRR U) —Drainage Patterns (1310) _Saturation (A3) _Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (B16) —Water Marks (B1) —Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (B2) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _ Drift Deposits (133) —Recent Iron Reduction in Tilled Soils (C6) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (B4) _Thin Muck Surface (C7) _Geomorphic Position (D2) _ Iron Deposits (135) —Other (Explain in Remarks) —Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (137) _ FAC-Neutral Test (D5) Water -Stained Leaves (B9) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: No OWT in upper 24". ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP1-UP Tree Stratum (Plot size: 30' radius ) 1. Pinus taeda 2. Quercus nigra 3. Carya glabra 4. 5. 6. 7. 8. 50% of total cover: 30 Sapling/Shrub Stratum (Plot size: 30' radius ) 1. Liquidambar styraciflua 2. Quercus alba 3. Ilex opaca 4. Ligustrum sinense 5. Morella cerifera 6. 7. 8. 50% of total cover: 35 Herb Stratum (Plot size: 30' radius ) 1. Ligustrum sinense 2. Morella cerifera 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 50% of total cover: 25 Woody Vine Stratum (Plot size: 30' radius ) 1. Vitis rotundifolia 2. Parthenocissus quinquefolia 3. 4. 5. Absolute Dominant Indicatc % Cover Species? Status 30 Yes FAC 20 Yes FAC 10 No FACU 60 =Total Cover 20% of total cover: 12 20 Yes FAC 10 No FACU 10 No FAC 20 Yes FAC 20% of total cover: 14 20 Yes FAC 20% of total cover: 10 5 Yes FACU 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Remarks: (If observed, list morphological adaptations below.) Area recently mowed. Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 7 (A) Total Number of Dominant Species Across All Strata: 8 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 87.5% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is 53.01 Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 SOIL Sampling Point: DPI -UP Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-8 10YR 7/2 100 Sandy 8-24 10YR 8/3 100 Sandy Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _ Histosol (Al) —Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 153B, 153D) —Coast Prairie Redox (A16) —Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) —Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) —Reduced Vertic (F18) —Organic Bodies (A6) (LRR P, T, U) _ Depleted Matrix (F3) (outside MLRA 150A, 15013) _ 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) _ Piedmont Floodplain Soils (F19) (LRR P, T) —Muck Presence (A8) (LRR U) —Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 153B) —Depleted Below Dark Surface (A11) _ Marl (F10) (LRR U) —Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _ Coast Prairie Redox (A16) (MLRA 150A) Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) —Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) —Barrier Islands Low Chroma Matrix (TS7) —Sandy Gleyed Matrix (S4) _ Delta Ochric (F17) (MLRA 151) (MLRA 15313, 153D) —Sandy Redox (S5) —Reduced Vertic (F18) (MLRA 150A, 15013) —Other (Explain in Remarks) —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 149A) —Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) —Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: Blueberry/Cresswind Utility Line City/County: Shallotte/Brunswick Sampling Date: 8/15/23 Applicant/Owner: Blueberry Properties Inc / Blueberry Ventures State: NC Sampling Point: DP1-WET Investigator(s): Mark Westendorff - DRG Section, Township, Range: Landform (hillside, terrace, etc.): Marsh Local relief (concave, convex, none): Concave Slope (%): 0-2 Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 33.922015 Long:-78.408473 Datum: NAD83 Soil Map Unit Name: BO: Bohicket silty clay loam NWI classification: E2EM1 Pd Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: According to Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network, normal rainfall conditions were present at the time of the field work. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _Surface Soil Cracks (B6) _Surface Water (Al) X Aquatic Fauna (B13) _Sparsely Vegetated Concave Surface (B8) X High Water Table (A2) _ Marl Deposits (B15) (LRR U) —Drainage Patterns (1310) _Saturation (A3) X Hydrogen Sulfide Odor (Cl) _Moss Trim Lines (B16) —Water Marks (B1) —Oxidized Rhizospheres on Living Roots (C3) _ Dry -Season Water Table (C2) _Sediment Deposits (B2) _Presence of Reduced Iron (C4) _Crayfish Burrows (C8) _ Drift Deposits (133) —Recent Iron Reduction in Tilled Soils (C6) X Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (B4) _Thin Muck Surface (C7) X Geomorphic Position (D2) _ Iron Deposits (135) —Other (Explain in Remarks) —Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (137) X FAC-Neutral Test (D5) Water -Stained Leaves (B9) Sphagnum Moss (D8) (LRR T, U) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 10 Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DPI -WET Tree Stratum (Plot size: 30' radius ) 1. 2. 3. 4. 5. 6. 7. 8. 50% of total cover: _ Sapling/Shrub Stratum (Plot size: 30' radius 1. 2. 3. 4. 5. 6. 7. 8. 50% of total cover Herb Stratum (Plot size: 30' radius ) 1. Spartina alterniflora 2. Juncus roemerianus 3. Limonium carolinianum 4. 5. 6. 7. 8. 9. 10. 11. iVA 50% of total cover: 33 Woody Vine Stratum (Plot size: 30' radius ) 1. 2. 3. 4. 5. Absolute Dominant Indicator % Cover Species? Status Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: 2 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) _ Prevalence Index worksheet: _ Total % Cover of: Multiply by: _=Total Cover OBL species x I = 20% of total cover: FACW species x 2 = FAC species x 3 = _ FACU species x 4 = _ UPL species x 5 = _ Column Totals: (A) (B) Prevalence Index = B/A = _=Total Cover 20% of total cover: _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is 53.01 Problematic Hydrophytic Vegetation' (Explain) 40 Yes OBL 'Indicators of hydric soil and wetland hydrology must be 20 Yes OBL present, unless disturbed or problematic. 5 No OBL Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than 3.28 ft (I m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 65 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 20% of total cover: 13 height. =Total Cover 50% of total cover: 20% of total cover: Remarks: (If observed, list morphological adaptations below.) Area recently mowed. Hydrophytic Vegetation Present? Yes X No ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0 SOIL Sampling Point: DP1-WET Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks 0-24 10YR 2/1 100 Mucky Sand Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soils3: _ Histosol (Al) —Thin Dark Surface (S9) (LRR S, T, U) _ 1 cm Muck (A9) (LRR O) _ Histic Epipedon (A2) —Barrier Islands 1 cm Muck (S12) _2 cm Muck (A10) (LRR S) —Black Histic (A3) (MLRA 153B, 153D) —Coast Prairie Redox (A16) X Hydrogen Sulfide (A4) —Loamy Mucky Mineral (F1) (LRR O) (outside MLRA 150A) —Stratified Layers (A5) _ Loamy Gleyed Matrix (F2) —Reduced Vertic (F18) —Organic Bodies (A6) (LRR P, T, U) _ Depleted Matrix (F3) (outside MLRA 150A, 15013) X 5 cm Mucky Mineral (A7) (LRR P, T, U) _ Redox Dark Surface (F6) _ Piedmont Floodplain Soils (F19) (LRR P, T) —Muck Presence (A8) (LRR U) —Depleted Dark Surface (F7) _Anomalous Bright Floodplain Soils (F20) _ 1 cm Muck (A9) (LRR P, T) _ Redox Depressions (F8) (MLRA 153B) —Depleted Below Dark Surface (A11) _ Marl (F10) (LRR U) —Red Parent Material (F21) _Thick Dark Surface (Al2) _Depleted Ochric (F11) (MLRA 151) _Very Shallow Dark Surface (F22) _ Coast Prairie Redox (A16) (MLRA 150A) Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154) —Sandy Mucky Mineral (S1) (LRR O, S) _ Umbric Surface (F13) (LRR P, T, U) —Barrier Islands Low Chroma Matrix (TS7) —Sandy Gleyed Matrix (S4) _ Delta Ochric (F17) (MLRA 151) (MLRA 15313, 153D) —Sandy Redox (S5) —Reduced Vertic (F18) (MLRA 150A, 15013) —Other (Explain in Remarks) —Stripped Matrix (S6) —Piedmont Floodplain Soils (F19) (MLRA 149A) —Dark Surface (S7) (LRR P, S, T, U) _Anomalous Bright Floodplain Soils (F20) _ Polyvalue Below Surface (S8) (MLRA 149A, 153C, 153D) 3Indicators of hydrophytic vegetation and (LRR S, T, U) —Very Shallow Dark Surface (F22) wetland hydrology must be present, (MLRA 138, 152A in FL, 154) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0 Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network Daily Total 30-Day Rolling Total 0 30 Year Normal Range FV 2023-061 �0 - - 6 I-LM r111-- J�', . I j rr V n Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 2023 Coordinates 33.921796,-78.408385 Observation Date 2023-08-15 Elevation (ft) 3.471 Drought Index (PDSI) Mild drought WebWIMP HZO Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason Deters F.S. Array Corps of Engineer~ 30 Days Ending 301%ile (in) 70r %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2023-08-15 4.404725 7.989764 5.0 Normal 2 3 6 2023-07-16 3.294882 6.302362 6.019685 Normal 2 2 4 2023-06-16 2.897638 4.893701 5.944882 Wet 3 1 3 Result I Normal Conditions - 13 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted A Days Normal Days Antecedent SHALLOTTE AG 33.9283,-78.3894 20.013 1.178 16.542 0.549 6245 88 HOLDEN BEACH 2.2 W 33.9076,-78.3507 8.858 2.64 11.155 1.217 1 0 HOLDEN BEACH 0.6 E 33.9107,-78.3025 7.874 5.129 12.139 2.37 1 0 SUNSET BEACH 2.5 NE 33.9027,-78.4821 25.919 5.602 5.906 2.554 4 2 HOLDEN BEACH 1.7 ENE 33.914,-78.2844 7.874 6.101 12.139 2.82 6 0 SUNSET BEACH 3.4 N 33.9234,-78.5128 57.087 7.083 37.074 3.45 9 0 SUNSET BEACH 1.7 WNW 33.8841,-78.5377 16.076 9.036 3.937 4.102 4 0 CALABASH 1.9 NNE 33.9247,-78.5696 43.963 10.334 23.95 4.898 1 0 LONGWOOD 34.0106,-78.5464 40.026 10.643 20.013 5.002 4997 0 N MYRTLE BEACH 1 33.8161,-78.7206 1 28.871 20.521 8.858 9.416 64 0 SOUTHPORT 5 N 33.9947,-78.0078 20.013 22.344 0.0 10.055 21 0 5.0 RARE SPECIES INFORMATION NC Natural Heritage Program Letter USFWS IPaC Species List NLEB MANLAA Determination Key Roy Cooper, Governor 0■ ■■IF NC DEPARTMENT OF ■ ! ■■k�■A NATURAL AND CULTURAL RESOURCES ■ ■■■ January 10, 2024 Kim Williams Davey Resource Group, Inc. 3805 Wrightsville Avenue Wilmington, NC 28403 RE: Cresswind Dear Kim Williams: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-24523 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory_/ListOffices.cfm?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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�)dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL. AND CULTURAL RESOURCES 1:1 W. JONES STREET, RALEIGI 4_ NC 27fiO3 - 1651 MAIL SERVICE CENTER, RALCIGH. NC 27699 OFC 915707.9120 • FA 919.707.4121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Cresswind January 10, 2024 NCNHDE-24523 Element Occurrences Documented Within Project Area _ axonomic Scientific am ommon Name Last Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Vascular Plant 2987 Zephyranthes Rain Lily 2001-04-21 A 3-Medium --- Endangered G2G3 S1 simpsonii No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name 'Owner Owner Ty NC Department of Transportation Mitigation Site NC Department of Transportation State NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httrJs://ncnhde.natureserve.or./q help. Data query generated on January 10, 2024; source: NCNHP, Fall (October) 2023. 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 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Cresswind January 10, 2024 NCNHDE-24523 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common NameVO ast Element Accuracy Federal State Global State Group 0 rvation Occurrence Status Status Rank Rank ate Rank Bird 41166 Circus hudsonius Northern Harrier 2017-04-19 E 2-High --- Significantly G5 S1B,S4 Rare N Bird 27219 Haematopus palliatus American 2019-05-22 E 3-Medium --- Special G5 S3B,S3 Oystercatcher Concern N Butterfly 29637 Satyrium favonius Southern Oak 2011-05-21 BC 3-Medium --- Significantly G4G5T Sl favonius Hairstreak Rare 4 Dragonfly or 33738 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 Sl? Damselfly georgiana Low Rare Freshwater Fish38937 Acipenser oxyrinchus Atlantic Sturgeon 2018-09 E 4-Low Endangered Endangered G3T3 S2 oxyrinchus Natural 1360 Coastal Fringe --- 2010 B 2-High --- --- G2 S2 Community Evergreen Forest (Typic Subtype) Natural 15036 Pine/Scrub Oak --- 2006 C 2-High --- --- G2 S2 Community Sandhill (Coastal Fringe Subtype) Natural 767 Pond Pine Woodland --- 2006 C 2-High --- --- G3 S3 Community (Typic Subtype) Natural 7145 Wet Pine Flatwoods --- 2010 C 2-High --- --- G3 S3 Community (Typic Subtype) Natural 2130 Xeric Sandhill Scrub --- 2006 C 2-High --- --- G2? S2 Community (Coastal Fringe Subtype) Reptile 7407 Alligator American Alligator 2022-09-19 E 3-Medium Threatened Threatened G5 S3 mississippiensis Similar Appearance Vascular Plant 42383 Gaylussacia nana Dwarf Dangleberry 2021-07-03 E 2-High --- Endangered G4 S1 Vascular Plant 41643 Lachnocaulon minus Brown Bogbutton 2021-07-03 E 2-High --- Threatened G3G4 S2 Vascular Plant 2987 Zephyranthes Rain Lily 2001-04-21 A 3-Medium --- Endangered G2G3 Sl simpsonii Page 3 of 5 Natural Areas Documented Within a One -mile Radius of the Project Area Site Nam Representational Rating Collective Rating Sandy Branch Sand Ridge and Bay Complex R3 (High) C3 (High) Brantley Island R1 (Exceptional) C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Brunswick County Open Space Brunswick County Local Government NC Department of Transportation Mitigation Site NC Department of Transportation State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on January 10, 2024; source: NCNHP, Fall (October) 2023. 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 4 of 5 O a N w 7 7d a eRdS � yea � Plr W O N W+E S NCNHDE-24523: Cresswind a � a m` I SheMfi.lpan`: Odell Williamson Municipal A I r port January 10, 2024 ® NHP Natural Area (NHNA) Managed Area (MAREA) Buffered Project Boundary Q Project Boundary Georgetoyvn Rd a 4 h �a 6 0� S na h D( 49 ft Iodd Ra �tl1Po n d mE Rd SW Lola [ldle Dam creek T-md Rd 4 a Pigott Rd SW �o P`.gort Rd SW c r �a `7 n F a r� ❑ N y y iv x m � a c a Brick Landip PlantatiorV Yacht a I 0.42 0.65 �i lI a s� Rivers Edge Golf Club 1.7 Miles J __van Biv Sources: Esn, Aebus OS, 115GS, NGA, NASA, CGIAR, N Robnson, NCEAS, NLS, OS, NMA, GeodatarAytelsen, Rilksw tamtaal, GSA, Geeland. FEMA, Inlewap and 1ne GIs user C Ml niry euroes S- Esp. TmTom, Garman, FAO, NOAA, 11SGS, ® Op"StreetMap cenlnoatM . and the GIS user Commundy Page 5 of 5 i�c United States Department of the Interior FISH AND WILDLIFE SERVICE 03�/ 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: 2024-0034793 Project Name: Cresswind January 10, 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: 2024-0034793 01/10/2024 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/sitesldefaultlfilesldocuments/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: 2024-0034793 01/10/2024 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 ■ 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 3of15 Project code: 2024-0034793 01/10/2024 PROJECT SUMMARY Project Code: 2024-0034793 Project Name: Cresswind Project Type: Residential Construction Project Description: Residential Development Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)33.9288219,-78.41481803516265,14z Counties: Brunswick County, North Carolina 4of15 Project code: 2024-0034793 01/10/2024 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 Fisheries1, 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. 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://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 West Indian Manatee Trichechus manatus Threatened 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:Hecos.fws.gov/ecp/species/4469 5of15 Project code: 2024-0034793 01/10/2024 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:Hecos.fws.g_ov/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 ru fa 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://ecos.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 SNAILS NAME STATUS Magnificent Ramshorn Planorbella magni fica 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/6216 6of15 Project code: 2024-0034793 01/10/2024 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 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 Actl and the Migratory Bird Treaty ActZ. 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 Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) 7of15 Project code: 2024-0034793 01/10/2024 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. 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://ecos.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 +11111+1 gill 01++ ++++ ++00 0000 1+1111011111-+1+ Vulnerable 8of15 Project code: 2024-0034793 01/10/2024 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/librur / collections/avoiding-and-minimizing-incidental-take-migratory-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagle s-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 hqps:Hecos.fws.gov/ecp/species/9587 American Oystercatcher Haematopus palliatus Breeds Apr 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. htWs:Hecos.fws.gov/ecp/species/8935 9of15 Project code: 2024-0034793 01/10/2024 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://ecos.fws.gov/ecp/species/1626 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. hqps:Hecos.fws.gov/ecp/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 htWs: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 to Aug 25 and Alaska. htWs: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/ecl2/species/9501 Lesser Yellowlegs Tringa flavipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. hqps: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. htWs: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://ecos.fws.gov/ecp/species/9511 Pectoral Sandpiper Calidris melanotos Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. https://ecos.fws.gov/ecp/species/9561 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. hqps:Hecos.fws.gov/ecp/species/9513 10 of 15 Project code: 2024-0034793 01/10/2024 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://ecos.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. hqps: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 (SCRs) in the continental USA htWs: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://ecos.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://ecos.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. hqps:Hecos.fws.gov/ecp/species/9480 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. htWs:Hecos.fws.gov/ecp/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:Hecos.fws.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. https://ecos.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 of 15 Project code: 2024-0034793 01/10/2024 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 BCRestrel 11111+++ +111 +0011+01 ++$1-+1$ Americ Oyste c tcher 11+11111 loll Noll 1111 Jill 1111111111111111—+1+ BCC Rangewide (CON) Bald Eagle �1� r �1�. .�� ���. Non -BCC +III +1„ Wi RN ��++ 71 + 76 o I I I i+„ „i, Ion —+I+ Vulnerable Black Skimmer 11�+ BCC Rangewide + 1,+1 +111 1111 1111 11111111 lift loll 1111 1111 I$ (CON) _ ����--- --• Brown -headed Nuthatch im iln dii ,11' i5i TM To I I I I I I I r T I' I I I �11 —++0 BCC -BCR Chimney Swift l ���� 11111111 BCC Rangewide ++++ ++++ +++, o+(�j is+ �+++ ++++ ++++ —+++ (CON) `—� ��� Gull -billed Tern BCC Rangewide ++++ ++++ ++++ ++1+ 00+0 1+1+ +++p I I I I 111+ ++++ ++++ —+++ (CON) 12 of 15 Project code: 2024-0034793 01/10/2024 Lesser Yellowlegs +011 ++++ +1++ JOIN 0+++ ++p +001 1000 001+ +10+ ++++ —1++ BCC Rangewide (CON) Marbled d BCC Rangewide +0++ ++++ ++++ ++++ ++0+ ++1+ ++0+ 0+0+ ,+++ ++„ ++++ —+++ (CON) Painted Bunting ++++ ++++ ++++ 04 TT TR TT;F T+ m+ ++++ ++++ —+++ BCC -BCR Pectoral Sandpiper BCC Rangewide ++++ ++++ ++++ ++++ *+++ ++++ ++*1 ,+�� ++++ ++++ ++++ —+++ (CON) Prairie Warbler BCC Rangewide ++++ ++++ +++, ++++ IFTT PIT 71" ++++ ++�+ ++++ ++++ �+++ (CON) SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Prothonotary Warbler ++++ ++++ ++++ kh fib iiii ++++ ++++ ++++ —+++ BCC Rangewide (CON) Red-headed + $$1F i+++TTTT 1111111111++++++++++ Woodpecker +*++ + + + ++ �++ BCC Rangewide (CON) Ruddy Turnstone $+1+ 11+1 +01+ 0/110011 SIN 0111 MIN 1i++ 1++1 III* -++I BCC -BCR Rusty Blackbird ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +++T++� BCC -BCR Saltmarsh Sparrow + III iiii IIII iiii BCC Rangewide +*++ ++++ +++1 ++++ + ;+++ 2+++ ++++ —+++ (CON) Short -billed 11111+�I Dowitcher �11111111111 +111 Jill II11111I Jill 1111-111 BCC Rangewide (CON) BCC IIII 11111111 IIH gg1111111111 hil IIII lill IIII —111 BCC Rangewide (CON) WlPlover BCCC Rangewide ++++ ++++ +111 0111 1111 111„"' pill 1$$+ +10+ ++++ —+++ Rangewide (CON) mmmm Mi ■MM Wood Thrush + ++++ 0I11 RR RR ITT+ ++++ ++++ ++++ � + BCC Rangewide ++++ ++++ + ++ ++ (CON) W MMMM MMMM k- Additional information can be found using the following links: ■ Eagle Management https://www.fws.gov/program/eagle-management 13 of 15 Project code: 2024-0034793 01/10/2024 ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action MARINE MAMMALS Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected under the Endangered Species Act! and the Convention on International Trade in Endangered Species of Wild Fauna and Flora. 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. ruWASIM West Indian Manatee Trichechus manatus Species profile: https:Hecos.fws.gov/ecp/species/4469 14 of 15 Project code: 2024-0034793 01/10/2024 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 Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project code: 2024-0034793 Project Name: Cresswind Federal Nexus: yes Federal Action Agency (if applicable): Army Corps of Engineers Subject: Technical assistance for 'Cresswind' Dear Kim Williams: Pt9H Jk11Y"IJf* January 10, 2024 This letter records your determination using the Information for Planning and Consultation (IPaQ system provided to the U.S. Fish and Wildlife Service (Service) on January 10, 2024, for 'Cresswind' (here forward, Project). This project has been assigned Project Code 2024-0034793 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: 2024-0034793 IPaC Record Locator: 647-136836442 01/10/2024 Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: ■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) • Cooley's Meadowrue Thalictrum cooleyi Endangered ■ 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 asperulae folio Endangered ■ Rufa Red Knot Calidris canutus ru fa 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 647-136836442. (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. DKey Version Publish Date: 10/19/2023 2 of 10 Project code: 2024-0034793 IPaC Record Locator: 647-136836442 01/10/2024 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 2024-0034793 associated with this Project. DKey Version Publish Date: 10/19/2023 3 of 10 Project code: 2024-0034793 IPaC Record Locator: 647-136836442 01/10/2024 Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Cresswind 2. Description The following description was provided for the project'Cresswind': Residential Development The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@33.9288219,-78.41481803516265,14z DKey Version Publish Date: 10/19/2023 4 of 10 Project code: 2024-0034793 IPaC Record Locator: 647-136836442 01/10/2024 DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis septentrionalis). QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to research, direct species management, surveys, and/or studies that include intentional handling/encountering, harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed species? No 2. Your project overlaps with an area where northern long-eared bats may be present year- round. Time -of -year restrictions may not be appropriate for your project due to bats being active all year. Do you understand that your project may impact bats at any time during the year and time - of -year restrictions may not apply to your project? Yes 3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service currently has data to support the presumption that the northern long-eared bat is present. Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely to be present in the action area? Bat occurrence data may include identification of NLEBs in hibernacula, capture of NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data on captures, roost tree use, and acoustic detections should post-date the year when white - nose syndrome was detected in the relevant state. With this question, we are looking for data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife Service. No 4. Does any component of the action involve construction or operation of wind turbines? Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.). No DKey Version Publish Date: 10/19/2023 5of10 Project code: 2024-0034793 IPaC Record Locator: 647-136836442 01/10/2024 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? Yes 6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), or Federal Transit Administration (FTA) funding or authorizing the proposed action, in whole or in part? No 7. Are you an employee of the federal action agency or have you been officially designated in writing by the agency as its designated non-federal representative for the purposes of Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08? Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and to help determine whether an incidental take permit may be needed, respectively. This question is for information purposes only. No 8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or Federal Communications Commission (FCC) funding or authorizing the proposed action, in whole or in part? No 9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)? No DKey Version Publish Date: 10/19/2023 6 of 10 Project code: 2024-0034793 IPaC Record Locator: 647-136836442 01/10/2024 10. Have you determined that your proposed action will have no effect on the northern long- eared bat? Remember to consider the effects of anv 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? Yes 14. Do the interior dimensions of the culvert or tunnel equal or exceed 4.0 feet (1.3 meters) in height and 130 feet (40 meters) in length? Answer "No" if the affected culvert(s) or tunnel is smaller in either of these two dimensions. No DKey Version Publish Date: 10/19/2023 7 of 10 Project code: 2024-0034793 IPaC Record Locator: 647-136836442 01/10/2024 15. 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 16. 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 17. Will the action directly or indirectly cause construction of one or more new roads that are open to the public? Note: The answer may be yes when a publicly accessible road either (1) is constructed as part of the proposed action or (2) would not occur but for the proposed action (i.e., the road construction is facilitated by the proposed action but is not an explicit component of the project). Yes 18. Will any new road go through any area of contiguous forest that is greater than or equal to 10 acres in total extent? Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres. Yes 19. For every 1,000 feet of new road that crosses between contiguous forest patches, will there be at least one place where bats could cross the road corridor by flying less than 33 feet (10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road surface? No 20. Will the proposed action result in the cutting or other means of knocking down, bringing down, or trimming of any trees suitable for northern long-eared bat roosting? Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities. Yes DKey Version Publish Date: 10/19/2023 8 of 10 Project code: 2024-0034793 IPaC Record Locator: 647-136836442 01/10/2024 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. 150 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the inactive (hibernation) season for northern long-eared bat? Note: Inactive season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and- staging-areas 0 In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates- swarming-and-staging-areas 150 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. 150 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. 10 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: 10/19/2023 9 of 10 Project code: 2024-0034793 IPaC Record Locator: 647-136836442 01/10/2024 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: David Moose Email: David.E.Moose@usace.army.mil DKey Version Publish Date: 10/19/2023 10 of 10 6.0 PREVIOUS SECTION 404/401 PERMITS U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-00654 County: Brunswick County U.S.G.S. Quad: Shallotte GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: E-mail Address: Size (acres) Nearest Waterway USGS HUC Mary Santos Blueberry Ventures, LLC 60 Gregory Road, NE, Suite 1 Belville, NC 28451 (910)452-7175 msantodsAloganhomes.com 70 acres Williams Branch 03040208 Nearest Town Shallotte, NC River Basin Lumber Coordinates Latitude: 33.934736 Longitude:-78.413717 Location description: This 70 acre site (Cresswind) is located on Hale Swamp Road in Shallotte, Brunswick County, NC (Parcel ID's: 21300068, 21300067 & 21300066) Description of projects area and activity: This proiect will use a NWP 29 to construct a single family style residential development. Impacts for the pro*ect will include 0.09 acres of permanent 404 wetland impacts and .40 acres of impacts to Jurisdictional Open Water Ditches. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number and/or Nationwide Permit Number: 29 Residential Development SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND/OR SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated May 23, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gary Beecher at (910) 251-4694 or Gary.H.Beecher(a,usace.armv.mil. Gary H. Beecher Date: 2022.05.23 13:01:07-04'00' Digitally signed by Gary H. Beecher Corps Regulatory Official: Date: May 23, 2022 Expiration Date of Verification: NWP 29 will expire on March 15, 2026 A. Determination of Jurisdiction: 1. ® 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area 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 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. 3. ❑ There are waters, including wetlands, within the above described project area that are 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. 4. ❑ A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above -described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued. B. Basis For Jurisdictional Determination: An Approved JD for this project was issued on May 18, 2018. C. Remarks: A desk top review was conducted on this PCN and PJD application using information obtained from the consultant (Davey Resource Group) and Corps generated QL2 Lidar Maps. D. 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. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 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: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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: Date of JD: May 23, 2022 Gary H . Beecher Digitally signed by Gary H. Beecher Date: 2022.05.23 13:00:49-04'00' Gary Beecher Expiration Date of JD: PJD does not expire 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:Hcorl2smgpu.usace.army.mil/cm_apex/Vp=136 A:0. Copy furnished via e-mail to: Consultant: Kim Williams Davey Resources Group 3805 Wriahtsville Avenue, Suite 15 Wilmington, NC 28403 (910)452-0001 kim.williams(& davey.com Action ID Number: SAW-2022-00654 County: Brunswick County Permittee: Project Name: Date Verification Issued: Project Manager: Mary Santos Blueberry Ventures, LLC Cresswind May 23, 2022 Gary Beecher Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gary Beecher Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date iyy r r- aN� 7 Shatione c 1' i PROJECT AREA N m d 77 a n n � �S Y u m eto"00 R pps 9 13nach Dr SW ocean Isle Beach Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community, Esri, HERE, Garmin, (c) OpenStreetMap contributors L:\WETLANDS\2021 WETLANDS FILES\LMG21.085 --- Blueberry Tracts, D Logan\MAPS N Boundaries are approximate and not meant to be absolute. 0 0.5 1 2 Map Source: World Street Map Mlles Cresswind T 4LMG Brunswick County, NC LAN]) MANAGEMENTGROUP Figure 1. January 2022 a DAVEY . company Vicinity Map LMG21.085 3805 Wrightsville Avenue Wilmington, NC 28403 (910)452-0001 • 1� o r-r f. 1 .gip a` F7� u1 � • . • �! �•: _ _ lei k IF 9e a 1, 1 k - mi NJ NO s!�♦� a ..; � � , AD NOR Y• I 11 11 11 111 -• 1, 1 1 1 1 r 1 1 11 J Title: Site Plan with 1 1 1- • •- �- •- -• Drawn By: Sheet Number: • Proposed - - • 1 . 111 • .0 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: May 23, 2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wes Fryar, LMG, 3s05 Wrightsville Ave., Ste. 15, Wilmington, Nc28403 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Cresswind, SAW-2022-00654 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: Brunswick City: Shallotte Center coordinates of site (lat/long in degree decimal format): Lat.: 33.934736 Long.:-78.413717 Universal Transverse Mercator: 17N 739051 mE, 3757933 mN Name of nearest waterbody: Jinnys Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑■ Office (Desk) Determination. Date: May 23, 2022 ❑ Field 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 33.938883 -78.413417 -2.1 ac Wetland Waters Section 404 W2 33.936867 -78.414467 -3.2 ac Wetland Waters Section 404 S 1 33.939075 -78.413236 -902' Non -wetland Waters Section 404 T1 33.934686 -78.412336 -469' Non -wetland Waters Section 404 T2 33.937067 -78.412125 -2816' Non -Wetland Waters Section 404 T3 33.937881 -78.412167 -876' Non -wetland Waters Section 404 T4 33.938883-78.412575 -451' Non -Wetland Waters Section 404 T5 33.939631-78.412517 -938' Non -Wetland Waters Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Preliminary Upland/Wetland Delineation Sketch ❑■ 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 Brunswick County GIS Mosaic ❑m Natural Resources Conservation Service Soil Survey. Citation: Brunswick County GIS Soils Data ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: El x 100-year Floodplain Elevation is: Photographs: ❑■ Aerial (Name & Date): or ❑ Other (Name & Date): .(National Geodetic Vertical Datum of 1929) NAPP 1998, NC OneMap Aerial Imagery 2020 ❑ Previous determination(s). File no. and date of response letter: ❑■ Other information (please specify): Corps QL2 Lidar Map IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Digitally signed by Gary H. Gar H. Beecher Beecher Y Date: 2022.05.23 13:00:14 -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. L:\WETLANDS\2021 WETLANDS FILES\LMG21.085 --- Blueberry Tracts, D Logan\MAPS N Boundaries are approximate and not meant to be absolute. 0 200 400 800 Map Source: 2020 NC OneMap Aerial Photography A Feet Blueberry Tracts Brunswick County, NC Map Date: 10/01/2021 LMG21.085 4mF L M G LAND MANAGEMENT GROUP a DAVEA company 3805 Wrightsville Avenue Wilmington, NC 28403 (910) 452-0001 Preliminary Upland/Wetland Delineation Sketch Doc uSig n Envelope ID: CD2C0630-94DF-4566-B344-993C12FE1 D4E ROY COOPER Governor ELIZABETH S. B1SER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality May 17, 2022 DWR # 20220430 Brunswick County Blueberry Ventures, LLC Attn: Mary Katharine Santos 60 Gregory Road, Suite 1 Belville, NC 28470 Subject: Approval of Individual 441 Water Quality Certification Cresswind Residential Development USACE Action ID. No. SAW-2022-00654 Dear Mrs. Santos: Attached hereto is a copy of Certification No. WQC004878 issued to Mary Catharine Santos and Blueberry Ventures, LLC, dated May 17, 2022. This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Water Quality Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new own er must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02FI .0507(d)(2)]. This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and does not create any prescriptive right or any right of priority regarding any usage of water. This Water Quality Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with respect to any other consumptive user. Upon the presentation of proper credentials, the Division may inspect the property. This Water Quality Certification shall expire on the same day as the expiration date of the corresponding Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the expiration date of this Water Quality Certification. EQ- North Carolina Department oFEnrironmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 acoermem m F.� i erm.na� n�au 919.707.900D Doc uSig n Envelope ID: C D2C 0630-94 D F-4566-B 344-993C 12 F E I D4E Blueberry Ventures, LLC DWR# 2022-00654 Individual Certification 4WCLC004878 Page 2 of 13 Non-compliance with or violation of the conditions herein set forth may result in revocation of this Water Quality Certification for the project and may als❑ result in criminal and/or civil penalties. If you are unable to comply with any of the conditions of this Water Quality Certification you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall reportto the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200j including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (orthe next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested [G.S. 143-215.5]. This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements far filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements far filing a Petition and Petition forms may be accessed at or by calling the OAH Clerk's Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 If the party filing the Petition is not the permittee, then the party must also serve the recipient of the Certification in accordance with N.C.G.S 150B-23iaj. This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7303 or holley.snider@ncdenrgov if you have any questions or concerns. Sincerely, llacuSigned by: wlavr�[a sAWA4�-L" Morella Sanchez- IngA14Ac7QC4U.. Regional Operations Supervisor Electronic cc: Kim Williams, Davey Resource Group Gary Beecher, USACE Wilmington Regulatory Field Office Todd Bowers, EPA DWR 401 & Buffer Permitting Branch Electronic file North C'arvlina Department of EnvimnmcntalQ kalit} I CJivisian of 14'aW F Resources 512 North Salisbury Street 11617 Mail Service Center i Raleigh. North Carolina 27699-1617 ~ 9I9.707.9000 Doc uSig n Envelope ID' C D2C 0630-94 D F-4566-B 344-993C 12 F E I D4E Blueberry Ventures, LLC DWR# 2022-00654 Individual Certification 4WQC004878 Page 3 of 13 Filename: 20220430_Cresswind_I WQC_BrunsCo_M ay.22.docx North Carolina pcparttncnt of Enviranmentaf QuaEi[y I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center i Raleigh, North Carolina 27699-1617 f� g I9.747.90f%} Doc uSig n Envelope ID: C D2C 0630-94 D F-4566-B 344-993C 12 F E I D4E Blueberry Ventures, LLC DWR# 2022-00654 Individual Certification 4WQC004878 Page 4 of 13 NORTH CAROLINA 401 WATER QUALITY CERTIFICATION CERTIFICATION #WQC004878 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500 and 15A NCAC 02B .0200, to Mary Catharine 5antos and Blueberry Ventures, LLC, who have authorization far the impacts listed below, as described within your application received by the N.C. Division of Water Resources (Division) on March 16, 2022, and by Public Notice issued by the Division on March 17, 2022. The State of North Carolina certifies that this activity will comply with water quality requirements and the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if conducted in accordance with the application, the supporting documentation, and conditions hereinafter set forth. The following impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved [units] Permanent Amount Approved [units] Temporary Plan Location or Reference 404/401 Wetlands Site Grading 0.099 acres N/A Project narrative Open Waters and sheets Ditch Fill 0.40 acres N/A 1 thru 5 This approval requires you to follow the conditions listed in the certification below. CON DITIDNS DF CERTIFICATION [15A NCAC 02H .0507(c)]: 1. If this Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned by the permittee that are part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. Citation: 15A NCAC 02H . 0502(c);15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 2. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) North C'arnlina Department of 1=nvimnmcnLai Qhalitt I Divisian of 11'aW r Hcsautces 512 North Salisbury Street 11617 Mail Service Center i Raleigh. North Carolina 27699-1617 f� 9I9.747.9000 }..wen Doc uSig n Envelope ID: C D2C 0630-94 D F-4566-B 344-993C 12 F E I D4E Blueberry Ventures, LLC DWR# 2022-00654 Individual Certification 4WQC004878 Page 5 of 13 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 3. Deed notifications or similar mechanisms shall be placed on all lots/parcels with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Water Quality Certification Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. Citation: 15A NCAC 02H .0502(a);15A NCAC 02H .0506(b), 15A !NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. In determining that the proposed activity will comply with state water quality standards (including designated uses, numeric criteria, narrative criteria and the state's antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards or would result in secondary or cumulative impacts. 4. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with, and/or y violation of, stream or wetland standards [15A NCAC 02B .02001, including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Timely reporting of non-compliance is important in identifying and minimizing detrimental impacts to water quality and avoiding impacts due to water pollution shot precludes any best use on a short-term or long-term basis. 5. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the approved impacts (including temporary impacts). Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 6. All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2B of Title 15A in the North Carolina Administrative Code. tiinrth C'awlina Department Of Envimnmcntal Qoalih I Divisian of 14'aW F Hesautces 512 North Salisbury Street 11617 Mail Service Center i Raleigh. North Carolina 27699-1617 9I9.707.9t[]o o.fv,�mcni n im��m mi Doc uSig n Envelope I0: CD2C0630-94DF-4566-B344-993C12FEI a4E Blueberry Ventures, LLC DWR# 2022-00654 Individual Certification 4WQC004878 Page 6 of 13 Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: The referenced Riparian Buffer rules were adopted to address water quality impairments and further protect existing uses. 7. When applicable, all construction activities shall be performed and maintained in full compliance with G.S. Chapter 113AArticle 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North Caroline Department of Transportation Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For barrow pit sites, the erasion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. Reclamation measures and implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS- I, WS-II, High Quality Waters (HQW), or Outstanding Resource Waters (ORW), then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watersheds. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12 ) Oils, deleterious substances, or colored or other wastes: only such amounts as sholl not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1 ) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. NorthC'arnlina Department of Irn��irnnmcnlai (�uakil}� I ili�itiion of 14'airt H�•sources512 North SaImbury Sireet 11617 Mail Service Center ! Rateigh. North Carolina 27699-1617 . ~ EQ�9I9.707.9000 o.c.r-1I n e,,. W.i Doc uSig n Envelope I0: CQ2C0630-94aF-4566-B344-993C12FEI a4E Blueberry Ventures, LLC QWR# 2022-00654 Individual Certification 4WCLC004878 Page 7 of 13 8. Sediment and erosion control measures shall not be installed in wetland or waters except within the footprint of temporary or permanent impacts otherwise authorized by this Certification. If placed within authorized impact areas, then placement of such measures shall not be conducted in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any silt fence installed within wetlands shall be removed from wetlands and the natural grade restored within two (2) months of the date that ❑EMLR or locally delegated program has released the specific area within the project to ensure wetland standards are maintained upon completion of the project. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c), 15A NCAC 02B. 0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses; and (21 ) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 9. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along stream banks or within wetlands. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 10. If the project is covered by NPDES Construction 5tormwater Permit Number NCG010000 or NPDES Construction 5tormwater Permit Number NCG250000, full compliance with permit conditions including the erosion & sedimentation control plan, inspections and maintenance, self -monitoring, record keeping and reporting requirements is required. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B. 0200, 15A NCAC 02B .0231 �k�rth C'arvlina Department of Irnvimnmcnral(�uaht} I Divisian of 14'atc� H�•saurces12 North Salisbury Street 11617 Mail Service Center ! Rateigh. North Carolina 27699-1617 EQ�� 9I9.707.9000 Doc uSig n Envelope I0: CD2C0630-94aF-4566-B344-993C12FEI a4E Blueberry Ventures, LLC DWR# 2022-00654 Individual Certification 4WQC004878 Page 8 of 13 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters far any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in omounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 11. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC Department of Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Citation: 15A NCAC 02H .0506 (b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units (NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs designated as trout waters, for lakes and reservoirs not designated as trout waters, the turbidity shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions, the existing turbidity level shall not be increased. 12. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as to pass the average historical low flow and spring flow without adversely altering flow velocity. If the width of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes, baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and additional culverts/pipes shall be installed such that they receive only flaws above bankfull. NorthC'arvlina Ucpartmcni of 1rnvimnmcnial C7uakity I Di�'isian of 14'at�� R�•sources512 North Salisbury Sireet 11617 Mail Service Center i Rateigh. North Carolina 27699-1617 EQ 9I9.707.9000 o.i.,m.��i n e,,. �,..,��i W.i Doc uSig n Envelope ID: C D2C 0630-94 D F-4566-B 344-993C 12 F E I D4E Blueberry Ventures, LLC DWR# 2022-00654 Individual Certification 4WCLC004878 Page 9 of 13 Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole and designed to provide for aquatic passage, then culvert burial into the streambed is not required. For structures less than 72" in diameter/width, and topographic constraints indicate culvert slopes of greater than 2.5% culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life move menticonnectivity has been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required, provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or ❑ther fill projects are constructed across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards are met and conditions of waters are suitable for all best uses. 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished in a manner that minimizes the risk of contact between the fertilizer and surface waters. Citation: 15A 02H .05D6(b); 15A NCAC 02H .0507(c); 15A NCAC 028 .0200, 15A NCAC 028 .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause writer pollution that NorthC'arnkin:+ Department of Irnvimnrncntai C7uakit> I Clivisian of 14'at�� H�•sautces 512 North Salisbury Street 11617 Mail Service Center i Raleigh.North Carolina 27699-1617 EQ 9I9.707.9000 Nwrurrni n Emmunn bl Gal Doc uSig n Envelope I0: CQ2C0630-94QF-4566-B344-993C12FEI a4E Blueberry Ventures, LLC QWR# 2022-00654 Individual Certification 4WCLC004878 Page 10 of 13 precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, • and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 14. If concrete is used during construction, then all necessary measures Shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. Citation: 15A 02H .0506(b); 15A NCAC 02H .05C7(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each stream's original crass -sectional dimensions, planform pattern, and longitudinal bed profile. All temporarily impacted sites shall be restored and stabilized with native vegetation. Citation: 15A NCAC 02H.0506(b); 15A NCAC 02H .0507(c) Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses after project completion. 16. All proposed and approved temporary pipes/culverts rip -rap pads etc. in streams or wetlands shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) � NorthC'awlina Department of 1rnvimnrnc�ntal i7uakity I Divisian of 14'at�� H�•saurces 512 North Salisbury Street 11617 Mail Service Center ! Raleigh. North Carolina 27699-1617 . ~� 9I9.707.9000 o.p.,u�cei n im��m mi Doc uSig n Envelope I0: CQ2C0630-94QF-4566-B344-993C12FEI ❑4E Blueberry Ventures, LLC QWR# 2022-00654 Individual Certification 4WQC004878 Page 11 of 13 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. Ensuring that structures are installed properly in waters will ensure that surface water quality standards ore met and conditions of waters ore suitable for all best uses. 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream bed elevation and streambank contours are restored and maintained and shall consist of clean rock or masonry material free of debris or toxic pollutants. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or be installed in a manner that precludes aquatic life passage. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would co use or contribute to a violation of standards, or would result in secondary or cumulative impacts. 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows, and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the stream bed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. Citation: 15A NCAC 02H .05D6(b), 15A NCAC 02H .0507(c), 15A NCAC 02B .0201 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 19. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and general equipment maintenance shall be performed in a manner to prevent, to the maximum extent practicable, contamination of surface waters by fuels and oils. Citation: 15A NCAC 02H .DSD6(b); 15A NCAC 02H .0507(c), 15A NCAC 02B .0200, 15A NCAC 02B .0231 Justification: A project that affects waters shall not be permitted unless the existing uses, and the water quality to protect such uses, are protected. Activities must not cause water pollution that precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12) tiinrth C'arnkina Ucpartmcnr of Irnvimnrnc�nral Quakih I ili�isian of V4'at�� H�•sources512 North Salisbury Street 11617 Mail Service Center ! Rateigh. North Carolina 27699-1617 ~EQ 9I9.707.9000 Doc uSig n Envelope I0: CQ2C0630-94QF-4566-B344-993C12FEI a4E Blueberry Ventures, LLC QWR# 2022-00654 Individual Certification 4WQC004878 Page 12 of 13 Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse impacts on existing wetland uses, • and (3) Materials producing color or odor shall not be present in amounts that may cause adverse impacts on existing wetland uses. 20. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance and compaction. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231 Justification: Wetland standards require maintenance or enhancement of existing uses of wetlands such that hydrologic conditions necessary to support natural biological and physical characteristics are protected; populations of wetland flora and fauna are maintained to protect biological integrity of the wetland; and materials or substances are not present in amounts that may cause adverse impact on existing wetland uses. 21. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. Citation: 15A NCAC 02H .0507(c); N. C. G.S 143-215.85(b) Justification: Persons) owning or having control over oil or other substances upon notice of discharge must immediately notify the Department, or any of its agents or employees, of the nature, location, and time of the discharge and of the measures which are being token or are proposed to be taken to contain and remove the discharge. This action is required in order to contain or divert the substances to prevent entry into the surface waters. Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. 22. The permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c) Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule, and that activities must not cause water pollution that precludes any best use an a short-term or long-term basis. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. Nnrth C'awlina Urpartmcnr Of 1rnvimnrnental iluahh I Divisian of 14'at�� R�•saurces512 North Salisbury Street 11617 Mail Service Center ! Raleigh. North Carolina 27699-1617 EQ 9I9.707.9000 DocuSign Envelope ID: CD2C0630-94DF-4566-8344-993C12FE1 D4E Blueberry Ventures, LLC DWR# 2022-00654 Individual Certification 4WCLC004878 Page 13 of 13 23. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this certification in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this Water Quality Certification. A copy of this Water Quality Certification shall be available at the project site during the construction and maintenance of this project. Citation: 15A NCAC 02H .0506(6); I5A NCAC 02H .0507(c) Justification: Those actually performing the work should ,be aware of the requirements of this 40I Water Quality Certification to minimize water quality impacts. This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this Certification. [15A NCAC 02H .0507{c)] MSK/hs This, the 17th day of May 2022 Im DacuSigned by: aVr UA WA��—fit" E3ASA14AC70C434.. Morella Sanchez -King Regional Operations Supervisor North Carolina Unpartmcnt of Environmental QuaEity I Division oFWater Resources 512 North Salisbury Street 11617 Mail Service Center i Rate igh, North Carolina 27699-1617 f 9I9.747.90f%Y