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HomeMy WebLinkAbout20151259 Ver 1_401 Application_20151215MSA, P.C. 5033 Rouse Drive, Virginia Beach, VA 23462-3708 Office (757) 490-9264 • Fax (757) 490-0634 www.msaonline.com Environmental Sciences • Planning • Surveying • Civil & Environmental Engineering • Landscape Architecture December 1, 2015 PAID Army Corps of Engineers (1 hard copy) Washington Regulatory Field Office Mr. Chet Bigalow 2407 W. 51h Street Washington, NC. 27889 North Carolina Division of Water Resources (4 hard copies, one check for permit fee) 401 And Buffer Permitting Unit 1617 Mail Service Center 1 5 1 2 5 9 Raleigh, NC. 27699-1317 RE: Countryside Estates; MSA Project #15021 Greetings Corps of Engineers, and NC Division of Water Resources, On behalf of Napolitano Homes, MSA, P.C. is pleased to submit this Joint Permit Application for the proposed Countryside Estates. The project site is located at 166 Caratoke Highway, Moyock, Currituck County, North Carolina. A portion of the Project Purpose and Need: Southside Virginia is an expanding location, with active international ports, increasing industrial activity, and a thriving service sector. Military also plays a very significant role in the economy. This drives the demand for increasing housing within commuting distance. The proposed Countryside Estates project seeks to meet some of this demand by creating a 62 -lot residential subdivision, with required roads, utilities, and stormwater management features. The project site is currently vacant land. The site contained a dog race track in the 1950's, converted to a NASCAR facility in the 1960's, before being demolished in the 1970's. The site became forested, was logged several years ago. It is being offered for sale and is available and ideal for residential develop m;tZ to�� floodplains or CAMA resources, and its location and proximity to nearby developmentmand.- were delineated by MSA, P.C. in 2015 and verified by the Corps (letter attached). The ains a 7.951=a wetland in the western end of the site, a 0.836 -acre wetland in the center of the prope F&ql 9.7616 cr wetland near the northern border. G lU1 Avoidance and Minimization: - -____ "' RcsvuRC�,8 �RM17T1 The current proposal will result in creation of a 62 -lot subdivision. Wetland impacts total 0.479 -acres un e proposal, trimming the bare minimum of wetland areas from the central and western wetland, and impacting the small 0.056 -acre isolated wetland feature. The site layout had been adjusted several times. The original subdivision was 65 residential lots, resulting in 2.2 -acres of impacts. Subsequent 62 -lot layouts still resulted in impacts to 0.8 -acres. The current proposal avoids to the maximum extent, minimizes impacts, without sacrificing additional residential lots, and still maximizes use of the site. As compensation for these minimized impacts, the applicant proposes purchasing 0.958 -acres of mitigation, a 2:1 ratio, from the Great Dismal Swamp Restoration Bank (letter attached). Threatened and Endangered Species: Making Clients Successful Since 1973 MSA, P.C. 5033 Rouse Drive, Virginia Beach, VA 23462-3708 Office (757) 490-9264 • Fax (757) 490-0634 www.msaonline.com Environmental Sciences • Planning • Surveying • Civil & Environmental Engineering • Landscape Architecture Regarding threatened and endangered species, MSA obtained an Official Species List from the USFWS for the project, and a list of T/E species in Currituck County. Based on the documentation provided (Attached), most species listed are marine (ex. sea turtles, sturgeon) and marine or estuarine related (piping plover, red knot, bald eagle, black rail), or aquatic (American eel, manatee). Based on the distance of this project from the marine and estuarine environment, no impacts are anticipated. Several species that have a potential to be near the project site include the red -cockaded woodpecker (Picoides borealis), the Indiana bat (Myotis sodalis) and the northern long- eared bat (Myotis septentrionalis). The project site has been logged several years ago, and does not contain any large trees that would provide habitat requirements for either of these species. Several plant species are listed as potentially present in the project area, specifically the grassleaf arrowhead, seabeach amaranth, and Virginia least trillium. The arrowhead and trillium occur in stream and significant wetland habitats. The project site is logged, contains a common secondary growth community of volunteer vegetation, and does not appear likely to contain ideal habitat for these species. The amaranth is a dune species and does not occur near the project site. Historic Resources: Regarding historic resources, MSA reviewed online GIS data from the North Carolina SPOWEB. The Samuel Wilson House (HPO 1D CK0021) is located on the parcel south of the project site, fronting to Currituck Highway. The project will not directly impact this resource, and he house is partially blocked from view of the project area by tree cover within that parcel, which will not be affected by the proposed development. Other resources in the vicinity are not visible from the project location based on existing tree cover and distance from the project site. Please see the enclosed JPA and site plans for more information. We appreciate your review of this request. if 1 can answer any questions, please call me at 490-9264 Sincerely, Brian R. Owen Senior Environmental Scientist Cc: Mr. John Napolitano, Napolitano Homes Enclosures: - Corps of Engineers Application - Corps of Engineers PCN Form - USGS Topographic Map Exhibit - Countryside Estates site plans - Corps of Engineers Notification of Jurisdictional Determination - GDSWB, LLC Letter of Credit Availability (mitigation) - USFWS Currituck County species list - USFWS Official Species List Making Clients Successful Since 1973 U.S. ARMY CORPS OF ENGINEERS OMB APPROVAL NO, 0710-0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES: 28 FEBRUARY 2013 33 CFR 325. The proponent agency is CECW-CO-R. Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003) Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penaltyfor failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities, Rivers and Harbors Act, Section 10, 33 USC 403, Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413, Regulatory Programs of the Corps of Engineers, Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses This information may be shared with the Department of Justice and other, federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and/or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. (ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE (ITEMS BELOW TO BE FILLED BY APPLICANT) 5. APPLICANT'S NAME 8. AUTHORIZED AGENTS NAME AND TITLE (agent is not required) First - John Middle - Last - Napolitano First- Brian Middle -R Last - Owen Company - Napolitano Homes Company - MSA, P.C. E-mail Address - jnapolitano@napolitanohomes.com E-mail Address-brian,owen@msaonlitle.com 6 APPLICANT'S ADDRESS 9. AGENT'S ADDRESS: Address- 1492 south independence Blvd, Suite 101 Address- 5033 Rouse Drive City - Virginia Beach State - VA Zip -23462 Country -USA City - Virginia Beach State - VA zip -23462 Country -USA 7 APPLICANT'S PHONE NOs. w/AREA CODE 10 AGENTS PHONE NOs. w/AREA CODE a. Residence b. Business c. Fax a Residence b. Business c. Fax 757-474-0888 X24 757-474-0868 1757-490-9264 757-490-0634 STATEMENT OF AUTHORIZATION 11. 1 hereby authorize, Brian Owen of MSA, P.C. to act in my behalf as, y agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. SIG URE OF APPLICANT DATE NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see instructions) Countryside Estates 13 NAME OF WATERBODY, IF KNOWN (if applicable) 14. PROJECT STREET ADDRESS (if applicable) Northwest River Address 166 Carmoke Highway City - Moyock State- NC Zip- 27958 15. LOCATION OF PROJECT Latitude. -N Longitude: •W 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions) State Tax Parcel ID 000900000790000 Municipality Currituck County Section - Township - Range - ENG FORM 4345, OCT 2012 PREVIOUS EDITIONS ARE OBSOLETE. Page 1 of 3 17. DIRECTIONS TO THE SITE Route 168 north from Moyock, the site is on the left just before Virginia state line, just past the animal hospital building. 18. Nature of Activity (Description of project, include all features) The project involves construction of a 62 -lot residential subdivision on the property. The site was a former dog race track, and served briefly for NASCAR racing. The foundation for the stadium remains on the site. The property has been vacant for years, became forested, and was logged a couple years ago. Wetlands in the western end of the site appear natural. Most of these wetlands will be avoided by this project. The wetlands in the central area may be resulting from demolition of the track, and/or poor grading. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The purpose is to meet a growing demand for housing in this region. USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s)for Discharge Filling of wetlands proposed for road and residential lot construction. Impacts to wetlands have been minimized as much as able_, while still allowing the proposed development, and maximized use of the site. 21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards: Type Type Type Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards Construction grade fill soil (amount TBD) 22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions) Acres 0.479 acres PFO, logged several years ago or Linear Feet N/A 23. Description of Avoidance, Minimization, and Compensation (see instructions) Original concept layout impacted 2.2 acres for a 65 -acre subdivision, revised to 0.8 acres for a 62 -lot subdivision. The second plan was further revised to reduce impacts to 0.479 acres for the current proposal. The impacts cannot be further reduced without further loss of residential lots. ENG FORM 4345, OCT 2012 Page 2 of 3 24. Is Any Portion of the Work Already Complete? ❑Yes QX No IF YES, DESCRIBE THE COMPLETED WORK 25. Addresses of Adjoining Property Owners, Lessees, Etc, Whose Property Adjoins the Waterbody (.f more than can be entered here, please attach a supplemental list) a. Address- All adjacent property owners have been notified of this project during the rezoning and site plan approval process City - State - Zip - b. Address - City - State - Zip - c Address - City - State - Zip - d. Address - City - State - Zip - e. Address - City - State - Zip - 26 List of Other Cerbfi rates or Approvals/Denials received from other Federal, State, or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL' IDENTIFICATION DATE APPLIED DATE APPROVED DATE DENIED NUMBER Corps of Engineers Delineation SAW -2015-00934 2015-04-17 2015-06-24 Currituck County Conditional Rezoning PB15-15 2015-08-27 2015-11-02 ' Would include but is not restricted to zoning, building, and flood plain permits 27. Application is hereby made for permit or permits to authorize the work described in this application. I certify that this information in this application is complete and accurate. I further certifyAhat I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. S ATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE ppllcation must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. ENG FORM 4345, OCT 2012 Page 3 of 3 O�O� W ATF9OG I a Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps:XN Section 404 Permit ❑ Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: NWP-29 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1 d. Type(s) of approval sought from the DWQ (check all that apply): NX 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. Q Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. Yes ❑ No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Countryside Estates 2b. County: Currituck County 2c. Nearest municipality / town: Moyock 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Calvary Temple Church 3b. Deed Book and Page No. Deed book 124, Page 564 3c. Responsible Party (for LLC if applicable): C/O Tara Shoemaker 3d. Street address: 5639 Brickell Road 3e. City, state, zip: Norfolk, VA. 23502 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑X Other, specify: 4b. Name: Mr. John Napolitano 4c. Business name (if applicable): Napolitano Homes 4d. Street address: 1492 South Independence Blvd, Suite 101 4e. City, state, zip: Virginia Beach, VA. 23462 4f. Telephone no.: 757-474-0888 X24 4g. Fax no.: 757-474-0868 4h. Email address: jnapolitano@napolitanohomes.com 5. Agent/Consultant Information (if applicable) 5a. Name: Brian Owen 5b. Business name (if applicable): MSA, P.C. 5c. Street address: 5033 Rouse Drive 5d. City, state, zip: Virginia Beach, VA. 23462 5e. Telephone no.: 757-490-9264 5f. Fax no.: 757-490-0634 5g. Email address: brian.owen@msaonline.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 000900000790000 1 b. Site coordinates (in decimal degrees): Latitude: 36.546 Longitude: 76.194 1c. Property size: 54.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Northwest River 2b. Water Quality Classification of nearest receiving water: 2c. River basin: Albermarle Sound 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The site was a former dog race track and subsequently served as a NASCAR track. The church bought the site in 1974, and it has been vacant since. The foundation for the stadium remains. The site was logged several years ago. Residential land is present to the north, agricultural land to the south. 3b. List the total estimated acreage of all existing wetlands on the property: 9 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The applicant proposes purchasing the property and building a 62 -lot residential subdivision The purpose is to meet a growing demand for housing 3e. Describe the overall project in detail, including the type of equipment to be used: Standard methods with typical construction machinery - clearing and grading, installation of roads and utilities, constructing residences 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Brian Owen Agency/Consultant Company: Other: MSA. P.C. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Approval letter dated June 24, 2015 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? []Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) —Temporary W1 P Fill Pine Flat Yes Corps 0.063 W2 P Fill Pine Flat Yes Corps 0.341 W3 P Fill Pine Flat Yes Corps 0.056 W4 P Fill Small -Basin Wetland Yes Corps 0 019 W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 2h. Comments: Site was logged, pines are the primary tree regenerating in the site. Assumed to be pine dominated prior to logging. One small ponded wetland in impact area is man made and excavated 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 Choose one S2 Choose one S3 Choose one S4 - Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: No stream impacts Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivii ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: NO open water impacts 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. 5e. Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: Stormwater BMP's will be constructed with this project 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑X Other: Northwest Rive 6b. Buffer Impact number – Permanent (P) or T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet —Temporary 131 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Original concept layout impacted 2.2 acres for a 65 -acre subdivision, which was revised to 0.8 acres for a 62 -lot subdivision. The second plan was further modified to reduce impacts to 0 479 acres for the current proposal. The impacts cannot be further reduced without loss of additional residential lots 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All standard erosion and sediment control measures will be taken during construction activities. E&S measures will be installed prior to land disturbing activities. Wetland areas to be protected will be surrounded by protective fencing prior to land disturbing activities, and these areas will not be used for staging or other construction activities. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑X DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑Q Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Great Dismal Swamp Restoration Bank (GDSRB) 3b. Credits Purchased (attach receipt and letter) Type: Non -riparian wetland Type: Choose one Type: Choose one Quantity: 0.958 -acre Quantity: Quantity: Mitigation wi a purchased once agencies have reviewed is application and agree to issue permits 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? El Yes Z No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 13% 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: All stormwater plans shall be approved by appropriate agencies prior to construction activities. 2e. Who will be responsible for the review of the Stormwater Management Plan? NC DEMLR 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? None ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 4. DWQ Stormwater Program Review ZCoastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑X No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑X No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑X No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B.0200)? 2b. Is this an after -the -fact permit application? ❑Yes ❑X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This is a stand-alone residential development. Additional developments in the area are responsible for their own impacts. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No disposal is The project will tie into existing municipal utilities onsite sewage treatment or proposed. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Obtained Official Species list from USFWS and from USFWS Raleigh for TIE species in Currituck County, NC. Official species lists attached. See cover letter for writeup on impacts of this project on TIE species 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Project is inland, and not near any perennial water bodies. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? North Carolina SPOWEB GIS data, Samuel Wilson House (HPO ID CK0021) located on adjacent property to south, outside project area, and partially blocked from view of the project site by trees and surroundings 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: Project is outside flood zones 8c. What source(s) did you use to make the floodplain determination? FEMA map 3721802200J ti Applicant/Agent's Printed Name Date cant/Agent's Signature �(Asignature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Moyock Development USGS Topographic Map L Z 46. 7 qp T- "A P 7 Cf.] P 7 GAROL&I- 1: OK Ck IL L q Tj e .—A AL e Nkk Property Limits April 7, 2015 Mapped by BRO 0 1,000 2,000 4,000 6,000 8,000 MSA $ 15021 Feet USGS Topographic Map from Currituck County GIS COVER SHEET DATE: 10-27-2015 DESIGNED BY: NL MODIFIED BY: BRO COUNTRYSIDE ESTATES 166 CARATOKE HIGHWAY MOYOCK, CURRITUCK COUNTY, NC SHEET TITLE 1 COVER SHEET 2 PROPOSED SUBDIVISION 3 CONSTRUCTION DETAILS 4 CONSTRUCTION DETAILS GRAPHIC SCALE AS SHOWN PROJ# 15021 SHEET 1 OF 4 \ SAN \ 7py�.�71I7 LIMITS OF WETLANDS AS DELINEATED N755649'E BY MSA, P.C. / J SY/Ba'N.SYLW p'N1;IP7NRaNr L- N77K240'E ——N83Z1'2J'E �p'� � ���FCY/q 3.169 WETLAND IMPACT #3 0.056 ACRES WETLAND IMPACT #4 0.019 ACRES 141e, PC S rV or P/1q.573' Iwt) INgEE? f7X/R I 7EyM 40 O I OTILO' 2�,9,1 OT 18TI 1�TI�LJOTIL1151T �OT TI ;OTILOTILdjLOT LOTI 1 qj 9 8 OT 2OT 275\LOT26JLOTJI I 8TI 291 LOT 30 II BMP LOT I LOT LOT LOT LO LOT LOT BMP 31 32 33 34 3 36 37 LOT t5251 OT LOT L07 OT L07 LOT LOT LOT LOT T LOT LOT 38 0 49 48 47 46 45 44 43 4 41 40 39 L 9'24'01 w— oT L0'YLOT LOT LOT LOT LOT 7 6 5 4 3 2 1 56325'59'w LOT 53 0�� LOT L07 54 LOT L07 60 62 61 P J j PMEM V BMP MOOM U97V &171-59-.U21 LOT Awm' a9 55 LOT L07 LOT LOT SW AC 56 57 58 59 aftz, ,F N// WETLANDS AVOIDED' WETLAND IMPACT a a uc 0.440 ACRES 1 0.063 ACRES "° ay — — — — — —DITCH TO BE MAINTAINED PROPOSED SUBDIVISION 0' 200' 400' 800' DATE: 10-27-2015 I i i DESIGNED BY: NL GRAPHIC SCALE PROJ# 15021 MODIFIED BY: BRO 1" = 400' SHEET 2 OF 4 WETLAND IMPACT rooms zl #2 0.341 ACRES -., e MSA, P -C - Environmental Sciences • Planning • Suryeyying Civil & Environmental Engineering - Landscape Architecnur 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264(Cfc) 757-490-0634(Fax) www.msaonline.com CROSS SECTION OF TYPICAL WERMD IMPACT BUILDNG ENVELOPE LUIS (TDP OF NEW GRADE ELEV TBD BIpLDING SETBACK FROM LOT LUM OWANCE VARIES, M MEET OR D%CM WWW LOT SETBACK REQIaaENIS) SILK OF RESIDENTIAL CROSS SECTION (TYP) 1 = 8 VARIABLE WIDTH DRAINAGE EASEMENT 50' 6' 24' 6' SHOULDER ROAD SHOULDER 7A ENTRANCE ROAD DETAIL -� 1 = 150 VARIABLE WIDTH DRAINAGE EASEMENT 0.02 0.02 SLOPE 0.08 �.� 0.08 S j.OpE ARES CONSTRUCTION DETAILS DATE: 10-27-2015 DESIGNED BY: NL MODIFIED BY: BRO ENTRANCE ROAD DETAIL NOT TO SCALE GRAPHIC SCALE AS SHOWN PROJ# 15021 SHEET 3 OF 4 MSA, P_C_ Environmental Sciences • Planning • Surveyyin Civil & Environmental Engineering • Landscape zAtectu e 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264(0fc) 757-490-0634(Fax) www.msaonline.com Project Description: The project will involve construction of a 62 -lot residential subdivision. Final engineering design of the proposed subdivision shall meet state and local requirements �} - Roads shall meet VDOT and NCDOT standards r Erosion and Sediment Control shall meet or exceed state and local requirements Stormwater Management shall meet or exceed state and local requirements a� DRIP -- All engineering details, including E&S, stormwater, etc shall be LINE i LIMITS OF approved by state and local governments where applicable prior CLEARING do to construction activities GRADING PROPOSED Existing Site Conditions: GRADING A* r� The site was logged approximately 2-3 years ago, and is currently regenerating with a variety of common tree and herbaceous species. Wetlands were delineated by MSA, P.C. and approved by the Corps PLASTIC SAFETY FENCE OR APPROVED EQUAL of Engineers in 2015. TREE PROTECTION Adjacent Properties: VE&SC STD & SPEC 3.38 (MOD) NTS A residential subdivision is located north of and adjacent to the project site. Agricultural land is located to the south and west. Caratoke Highway Is to the east. Erosion and Sediment Control Measures: Erosion and Sediment Control measures shall comply with state and local requirements. At a minimum, a properly installed silt fence shall be maintained around the perimeter of disturbance areas at the conclusion of each work day. Silt fence shall be 36" in width with 4" entrenched vertically and 4" entrenched horizontally. E&S measures shall be installed prior to land disturbing activities, and will be maintained until permanent vegetative cover has established. - All soil stockpile areas shall be surrounded by silt fences. E&S measures shall be checked periodically and after significant rain events and maintained as needed. Vegetative Practices: All areas disturbed by construction activities shall be seeded with an approved stabilization seed mix as soon as final grade is achieved, or if a significant amount of time is to pass from disturbance until completion of project. A soil stabilization mat or protective blanket may be used where needed to achieve stabilization. Temporary Construction Entrance: Construction machinery will access the site via the future entrance road footprint at the northeast corner of the site. Wetland Management Strategies: The limits of wetland areas to be preserved shall be designated and protective fencing installed around the perimeter prior to land disturbing activities. CONSTRUCTION DETAILS DATE: 10-27-2015 DESIGNED BY: NL MODIFIED BY: BRO GRAPHIC SCALE AS SHOWN PROJ# 15021 SHEET 4 OF 4 1. SET THE STAKES. 2. EXCAVATE A 4"x 4" TRENCH UPSLOPE ALONG THE LINE g' MpX 2'x 2' HARDWOOD OF STAKES. It• --{I STAKE(TYP)r 5 4'X 4' (IF PINE) 1 MIN. 36' 4. BACKFILL AND COMPACT THE EXCAVATED SOIL EXTENSION OF FABRIC INTO THE TRENCH. FILTER FABRIC \' GROUND UNE SILT FENCE FABRIC SHALL BE' 36' TALL, STAKED WITH 2'x 2'x 5' HARDWOOD STAKES ON 6' CENTERS. SILT FENCE VEk90 SM do SPEC 3.05 N75 SF (WNOUT VIRE SUPPORT) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW -2015-00934 County: Currituck U.S.G.S. Quad: VA-MOYOCK Property Owner: Address Telephone Number: Size (acres) Nearest Waterway USGS HUC NOTIFICATION OF JURISDICTIONAL DETERMINATION Napolitano Homes John Navolitano 1492 South Independence Blvd. Suite 101 Virginia Beach, VA, 23462 (757)435-6936 62.5 Nearest Town Moyock Northwest River River Basin Albemarle 03010205 Coordinates Latitude: 36.5455029 Longitude: -76.195737 Location description: parcel index number 000900000790000 Indicate Which of the Following Appl A. Preliminary Determination _ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area . We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination 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 and Section 404 of the Clean Water Act. 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. X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Page 1 of 2 There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Chester Bigelow at 910-251-4595 or Chester.C.Bigelow(&usace.army.mil. C. Basis For Determination: USA CE 1987 Federal Wetlands Delineation Manual and regulatory supplement D. Remarks: E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by August 24, 2015. **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: June 24, 2015 Expiration Date: June 23, 2020 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: //regal atory.usacesurvey. com/. Moyock Development Revised Wetland Delineation Exhibit April 7, 2015 Revised May 21, 2015 0 250 500 1,000 1,500 2,000 Mapped by BRO Feet MSA # 15021 2012 Aerial from USDA-NAIP, Chesapeake, VA The Great Dismal Swamp Restoration Bank, LLC P. 0. Box 6186 Chesapeake, VA 23323 October 30, 2015 Mr. Orion Owen MSA, PC 5033 Rouse Drive Virginia Beach, VA 23462 RE: Country Side Estates 166 Caratoke Highway Moyock, NC Dear Mr. Owen: Phone (757) 487-3441 Fax (757) 487-8680 The following information is given in reply to your request for the purchase of 0.958 wetland mitigation credits (HUC Code 03010205) from The Great Dismal Swamp RestorationBank Timberlake Farm. These credits are currently available from our Timberlake mitigation bank. This quote will expire on January 31, 2016. You will need to submit to the USCOE the necessary application for said mitigation, and receive USCOE permission to furnish said required credits from our Timberlake bank. To complete this transaction, we will require payment in full. Once payment is received, the credit sale will be reported to the US Army Corps of Engineers. Please provide and/or confirm the following information: Corps Project f1: Waterway: Permittee Name: Locality of Impact: Permit action (i.e., IP, NWP-39, enforcement, etc.) Impacts (acres/linear feet): Impacts NWI classification: Impacts Hydrologic Unit Code: 03010205 Mitigation Bank, Permittee, and Consultant agree not to discuss with any other party the details and/or pricing of this agreement, unless necessary for regulatory matters. Information contained herein shall be held in the strictest confidence. Thank you for the opportunity to provide credits for this project. We look forward to working with you. Sincerely, Beve4—counting e Mana/ Sales GDSRB CC: File Currituck County Endangered Species, Threatened Species,Federal Speci... http://www.fws.gov/raleigh/species/cntylist/currituck.html Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Currituck County, North Carolina Note:Marine Threatened and Endangered Species information can be found at the National Marine Fiseries Service (NMFS) Endangered and Threatened Species website Updated: 11-19-2015 Critical Habitat Designations: Loggerhead Sea Turtle - Caretta caretta - See the Federal Register for a description of the primary constituent elements essential for the conservation of nesting Loggerhead sea turtles within the designated units. This document also contains a map and a description of each designated unit. Federal Register Reference: JulylO, 2014, Federal Register, 79:51264-51266 Common Name Scientific name Federal Record Status Status Vertebrate: American eel Anguilla rostrata FSC Current Bald eagle Haliaeetus leucocephalus BGPA Current Black rail Laterallus jamaicensis FSC Current Green sea turtle Chelonia mydas T Current Hawksbill (=carey) sea turtle Eretmochelys imbricata E Historic Indiana bat Myotis sodalis E Current Kemp's (=Atlantic) ridley sea Lepidochelys kempii E Current turtle Leatherback sea turtle Dermochelys coriacea E Current Loggerhead sea turtle Caretta caretta T Current 1 of 3 11/24/2015 10:23 AM �urrituck County Endangered Species, Threatened Species,Federal Speci... Northern long-eared bat Piping plover Red -cockaded woodpecker Red knot West Indian manatee Invertebrate: Vascular Plant: Grassleaf arrowhead Seabeach amaranth Virginia least trillium Nonvascular Plant: Lichen: hftp://www.fws.gov/raleigh/species/cntylist/currituck.htmi Myotis septentrionalis T Current Charadrius melodus T Current Picoides borealis E Current Calidris canutus rufa T Current Trichechus manatus E Current Sagittaria weatherbiana FSC Historic Amaranthus pumilus T Current Trillium pusillum var. virginianum FSC Current Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for which there is insufficient information to support listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively. Bald and Golden Eagle Protection Act (BGPA): In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de -listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit httL://www.fws. ov/mi rg atorybirds/baldea lg e.htm 2 of 3 11/24/2015 10:23 AM :�urrituck County Endangered Species, Threatened Species,Federal Speci... http://www.fws.gov/raleigh/species/cntylist/currituck.htmi Threatened due to similarity of appearance(T(S/A)): In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. 3 of 3 11/24/2015 10:23 AM United States Department of the Interior g FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office tcN_3_,e 551 PYLON DRIVE, SUITE F�' RALEIGH, NC 27606 PHONE: (919)856-4520 FAX: (919)856-4556 Consultation Code: 04EN2000-2016-SLI-0039 Event Code: 04EN2000-2016-E-00104 Project Name: Countryside Estates October 26, 2015 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided 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 etseq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 etseq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; and httD://www. fws. tiov/mitiratorvbirds/CurrentBirdlssues/Hazards/towers/comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.nmfs.noaa.gov/ 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 Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. Attachment 2 f�,rx�'an smtav$nwa United States Department of Interior 5 ' Fish and Wildlife Service `a r: Project name: Countryside Estates Official Species List Provided by: Raleigh Ecological Services Field Office POST OFFICE BOX 33726 RALEIGH, NC 27636 (919)856-4520 Consultation Code: 04EN2000-2016-SLI-0039 Event Code: 04EN2000-2016-E-00104 Project Type: DEVELOPMENT Project Name: Countryside Estates Project Description: Construction of a 62 -lot residential subdivision at 166 Caratoke highway, Moyock NC. Please Note: The FWS office may have modified the Project Name and/or Project Description, so it may be different from what was submitted in your previous request. If the Consultation Code matches, the FWS considers this to be the same project. Contact the office in the'Provided by' section of your previous Official Species list if you have any questions or concerns. http://ecos.fws.gov/ipac, 10/26/2015 02:37 PM 1 United States Department of Interior Fish and Wildlife Service Project name: Countryside Estates Project Location Map: H CAROLINA Project Coordinates: MULTIPOLYGON (((-76.19020700454712 36.54689741020541, - 76.1991548538208 36.54629406230889, -76.20147228240967 36.545845857965766, - 76.20115041732788 36.54386338451112, -76.19123697280884 36.54500115810132, - 76.19151592254639 36.54638025515387, -76.18999242782593 36.546621594608474, - 76.19020700454712 36.54689741020541))) Project Counties: Currituck, NC http://ecos.fws.gov/ipac, 10/26/2015 02:37 PM 2 tomes s' United States Department of Interior " Fish and Wildlife Service . , Project name: Countryside Estates Endangered Species Act Species List There are a total of 11 threatened or endangered species on your 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. Critical habitats listed under the Has Critical Habitat column may or may not lie within your project area. See the Critical habitats within your project area section further below for critical habitat that lies within your project. Please contact the designated FWS office if you have questions. http://ecos.fws.gov/ipac, 10/26/2015 02:37 PM 3 Status Has'Critical Habitat, ° Condition(s) Piping Plover (Charadrius melodus) Population: except Great Lakes watershed Threatened Red Knot (Calidris canutus rufa) Threatened Red -Cockaded woodpecker (Picoides borealis) Population: Enure Endangered Fishes, Atlantic sturgeon (Acipenser oxyrinchus oxyrinchus) Population: Carolina DPS Endangered Shortnose sturgeon (Acipenser brevirostrum) Population: Entire Endangered Flowering Plants' Seabeach amaranth (Amaranthus pumilus) Threatened Mammals http://ecos.fws.gov/ipac, 10/26/2015 02:37 PM 3 United States Department of Interior Fish and Wildlife Service Project name: Countryside Estates Northern long-eared Bat (Myotis Threatened septentrionalis) West Indian Manatee (Trichechus Endangered Final designated manatus) Population: Entire Reptiles e e Kemp's Ridley sea turtle Endangered (Lepidochelys kempii) Population: Entire Leatherback sea turtle (Dermochelys Endangered Final designated coriacea) Population: Entire Loggerhead sea turtle (Caretta Threatened Proposed, Final caretta) designated Population: Northwest Atlantic Ocean DPS http://ecos.fws.gov/ipac, 10/26/2015 02:37 PM Critical habitats that lie within your project area There are no critical habitats within your project area. http://ecos.fws.gov/ipac, 10/26/2015 02:37 PM �= United States Department of Interior Fish and Wildlife Service t,,� ,_So•' Project name: Countryside Estates Critical habitats that lie within your project area There are no critical habitats within your project area. http://ecos.fws.gov/ipac, 10/26/2015 02:37 PM