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
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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
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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
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Phase 1
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-- — Mu: Murville fine sand
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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
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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
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OFFS, I E ROADWAY
IMPROVEMENTS
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300' 600' 1200'
4
SCALE: 1"=600' (Horiz.)
1 1 OVERALL PROJECT SITE PLAN SCALE: 1°=600'
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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
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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
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GRADE
EXISTING
GRADEIl::�■�
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PROPOSED
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GENERALLY
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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
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FORCE MAIN INSTALLED BY
T\ l T HORIZONTAL DIRECTIONAL DRILL
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T 6fm
EXISTING TREES P' T 6fm
TO REMAIN 'r HIGH WATER 'A A
(TYP.) X tY T LINE T
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1 1 DIRECTIONAL DRILL WETLAND CROSSING PLAN
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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
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DIRECTIONAL DRILL WETLAND CROSSING PROFILE SCALE: 1"=100'VERTICAL/I"=10'HORIZONTAL
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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
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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) —
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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
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75-ft AEC
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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
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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
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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.
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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
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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
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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
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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
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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)
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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
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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
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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
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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
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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)
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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
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■ 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
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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
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,�- _
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
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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
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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
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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
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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
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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
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