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HomeMy WebLinkAbout20240629 Ver 1_106 Sumpter Ave PCN Attachments_20240426SOUTHERN ENVIRONMENTAL GROUP 106 Sumter Ave 106 Sumter Ave Carolina Beach, New Hanover Co., NC Pre -Construction Notification Attachments Prepared for: Everett Pannkuk Stature Engineering, PLLC (910)202-5555 StatureEngineering@yahoo.com Prepared by: Megan Dean Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 (910)228-1841 megan@segi.us Date: 15 Apri12024 106 Sumter Ave PCN Attachments SEGi* Appendix A: Parcel Information &Agent Authorization.....................................................3 Appendix B: Surface Water and DWR Classification........................................................4 Appendix C: Previously Issued Permits...........................................................................9 AppendixD: Site Plans................................................................................................10 Appendix E: Jurisdictional Determination......................................................................11 Appendix F: NLEB Consistency Letter...........................................................................12 AppendixG: Species List.............................................................................................13 Appendix H: RCW SLOPES Form..................................................................................14 Appendix I: NOAA Fisheries Essential Fish Habitat Report..............................................15 Appendix J: NC Historic/Cultural Resources - SHPO HPOWEB2.0 Map ...........................16 Appendix K: Flood Zone Information - FRIS NC Flood Map..............................................17 Page 2of17 106 Sumter Ave PCN Attachments Appendix A: Parcel Information & Agent Authorization SEGi* Page 3 of 17 106 Sumter Ave PCN Attachments SEGI Jilty{ 'S { i + Alt � x `tip iot t i 41 Page 4 of 17 106 Sumter Ave PCN Attachments 504 HAMBY BEACH PROPERTIE PO BOX 1 a4 WALLACE, INC (er I Deserrption 42 5 GAR BCH oMunicipal Area: CB Acres: 0 Zoning: R-1 Class: RES ■ Sq Ft Luring: 0 Sales Information Sales Date: 2D20-11-12 40. Book $c Page: BKUOb378PG3UUU4nZ OPR Search Z6ornto SEG«a ♦r♦ Page 5 of 17 106 Sumter Ave PCN Attachments 1 Land Information: Fpr Detailed Ownership Infgrmation CLICK the Green Dot PID: R09010-021-002-000 MAPID: 313014.42.4788.000 a MAP IDKEY: 313014.42.4783 m Calculated Acreage: 0.18 Click for ETAX Details Zoom to ••• SO4 sk)rt say ■�� So a so rr 12Sn SEGi* Page 6 of 17 106 Sumter Ave PCN Attachments Appendix B: Surface Water and DWR Classification I SEMI* v 701 South Second St,_ X �a no o0 '�r Surface Water Classifications: v Surface Water Classifications: x I Stream Index: 99-(3) S•k Zo to . F_ Stream Name: Atlantic Ocean Stream Index: 99-(3) Description: The waters of the Stream Name: Atlantic Ocean I Atlantic Ocean Description: Thewatersofthe Atlantic contiguous to that Ocean contiguous to that portion of the Cape portion ofthe Cape Fear RiVerBasin that extends Fear River Basin that from the edge of thewhae extends from the edge > Oak River Basin to the = 1 of z of the White Oak River Basin to the southwestern end of Smith Island at a point called Baldhead. Classification: SB 1' 3rd Liliput Creek -Cape Fear River 0, Zoom to Search x x v 701 south second st, ... X Q 17 Watershed Name Liliput Creek -Cape Fear River 10 DigitHUC 0303000507 River Basin Cape Fear Acres 57,1 12.9 Area (sq.mi.) 89 S�mtprgLP Butts n Such The Veggie Wagon Page 7 of 17 106 Sumter Ave PCN Attachments 3'-4Town of Kure Beach -Cape Fear � .. x River (D, Zoom to Subwatershed (12) HUC 12 Watershed (10) HUC 10 �n Town of Kure $each -Ca pe Fear River 030300050704 Liliput Creek -Cape Fear River 0303000507 2of3 SLemeer 4rc- Butts n Such SEGi� The Veggie Wagon a Scarcl v -Sur Page 8 of 17 106 Sumter Ave PCN Attachments Appendix C: Previously Issued Permits SEGi* Page 9 of 17 106 Sumter Ave PCN Attachments Appendix D: Site Plans SEGi* Page 10 of 17 LLI U) m � LU LLI LL.H 4 N LU 106 Sumter Ave PCN Attachments Appendix E: Jurisdictional Determination SEGi* Page 11 of 17 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2004-00390 County: New Hanover U.S.G.S. Quad: NC- Carolina Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Melissa Laundry E.B. Pannkuk Agent: SEGi PO Box 1429 David Scibetta Carolina Beach, NC 28428 5315 S College Road Suite E Wilmington, NC 28412 Size (acres) 0.38 Nearest Town Wilmington Nearest Waterway Carolina Lake River Basin Cane Fear USGS HUC 03030005 Coordinates Latitude: 34.02735 Longitude:-77.89633 Location description: Project area is two adjoining properties located northeast of the intersection of 2nd Street and Sumter Ave in Carolina Beach, New Hanover County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination ® There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 12/17/2019. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑ The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey SAW-2004-00390 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 wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property 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 in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Capito at (910)-251-4487 or Rachel.A.0 apito(a)usace. army.mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 3/23/2020. D. Remarks: None. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (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: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 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 Not applicable. **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: CAPITO.RACHEL.ANN.153 Digitally signed by CAWORACHELANN.1536276790 6276790 Date: 2020.03.2712-1221 04'00' Date of JD: 3/23/2020 Expiration Date of JD: Not apolicable NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Melissa Laundry E.B. Pannkuk File Number: SAW-2004-00390 Date: 3/23/2020 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D ❑X PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/RegulatoryProgramandPermits.aspx or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Admimistrativc Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Admimistrativc Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Phillip Shannin, Administrative Appeal Review Officer Attn: Rachel Capito CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 10M15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 3/23/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Melissa Laundry E.B. Pannkuk, PO Box 1429, Carolina Beach, NC 28428 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 701 2nd St 106 Sumter Ave, SAW-2004-00390 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Project area is two adjoining properties located northeast of the intersection of 2nd Street and Sumter Ave in Carolina Beach, New Hanover County, North Carolina. (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: New Hanover City: Wilmington Center coordinates of site (lat/long in degree decimal format): Latitude: 34.02735 Longitude:-77.89633 Universal Transverse Mercator: Name of nearest waterbody: Carolina Lake E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 3/20/20 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Latitude Longitude Estimated Type of aquatic Geographic authority to (decimal (decimal amount of resources (i.e., which the aquatic degrees) degrees) aquatic wetland vs. resource "may be" resources in non -wetland subject (i.e., Section 404 review area waters) or Section 10/404) (acreage and linear feet, if applicable Wetland 34.02735 -77.89633 0.38 acres Wetlands 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 AID 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 are included in the administrative record and are appropriately cited: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Field sketch of wetland N Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets: N 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: N U.S. Geological Survey map(s). Cite scale & quad name: Carofina Beach 1;24k N Natural Resources Conservation Service Soil Survey. Citation: USDA Soil Survey New Hanover County ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) N Photographs: N Aerial (Name & Date): 2016 NC OneMap Orthoimagery or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): 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. CAPITO.RACHEL. Digitallysignedby CAPITO.RACHELAN N.15362 ANN.153627679 76790 Date: 2020.03.27 12:12:03 0-04'00' Signature and date of Regulatory staff member completing PJD 3/23/2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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. 106 Sumter Ave PCN Attachments Appendix F: NLEB Consistency Letter SEGi* Page 12 of 17 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: 04/08/2024 13:15:25 UTC Project code: 2024-0073814 Project Name: Melissa's Laundry Federal Nexus: no Federal Action Agency (if applicable): Subject: Technical assistance for'Melissa's Laundry' Dear Megan Dean: This letter records your determination using the Information for Planning and Consultation (IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on April 08, 2024, for 'Melissa's Laundry' (here forward, Project). This project has been assigned Project Code 2024-0073814 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: 2024-0073814 IPaC Record Locator: 722-141350264 04/08/2024 13:15:25 UTC Other Species and Critical Habitat that May be Present in the Action Area The IPaC-assisted determination for the northern long-eared bat does not apply to the following ESA -protected species and/or critical habitat that also may occur in your Action area: • American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) • Cooley's Meadowrue Thalictrum cooleyi Endangered • Green Sea Turtle Chelonia mydas Threatened • Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered • Leatherback Sea Turtle Dermochelys coriacea Endangered • Loggerhead Sea Turtle Caretta caretta Threatened • Magnificent Ramshorn Planorbella magni fica Endangered • Monarch Butterfly Danaus plexippus Candidate • Piping Plover Charadrius melodus Threatened • Red -cockaded Woodpecker Picoides borealis Endangered • Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered • Rufa Red Knot Calidris canutus rufa Threatened • Tricolored Bat Perimyotis subflavus 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 and/or critical habitat 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 Steps Coordination with the Service is complete. This letter serves as technical assistance. All conservation measures should be implemented as proposed. Thank you for considering federally listed species during your project planning. We are uncertain where the northern long-eared bat occurs on the landscape outside of known locations. Because of the steep declines in the species and vast amount of available and suitable forest habitat, the presence of suitable forest habitat alone is a far less reliable predictor of their presence. Based on the best available information, most suitable habitat is now expected to be unoccupied. During the interim period, while we are working on potential methods to address this uncertainty, we conclude take is not reasonably certain to occur in areas of suitable habitat where presence has not been documented. 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 DKey Version Publish Date: 03/29/2024 2 of 8 Project code: 2024-0073814 IPaC Record Locator: 722-141350264 04/08/2024 13:15:25 UTC 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 2024-0073814 associated with this Project. DKey Version Publish Date: 03/29/2024 3 of 8 Project code: 2024-0073814 IPaC Record Locator: 722-141350264 04/08/2024 13:15:25 UTC Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Melissa's Laundry 2. Description The following description was provided for the project 'Melissa's Laundry': Located to the south of the Carolina Lake, this project requires three lots, that are within the defined boundaries. The back two sections/lots are planning to be parking lots to the main project site at the front. Working towards permitting for wetland fill prior to beginning project. The approximate location of the project can be viewed in Google Maps: https: www. oogle.com/maps/(a)34.0272777,-77.89607923472705,14z u.,rn -..1.. hi Li.y k .4 u DKey Version Publish Date: 03/29/2024 4 of 8 Project code: 2024-0073814 IPaC Record Locator: 722-141350264 04/08/2024 13:15:25 UTC 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: 03/29/2024 5 of 8 Project code: 2024-0073814 IPaC Record Locator: 722-141350264 04/08/2024 13:15:25 UTC 5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a Federal agency in whole or in part? No DKey Version Publish Date: 03/29/2024 6 of 8 Project code: 2024-0073814 IPaC Record Locator: 722-141350264 04/08/2024 13:15:25 UTC PROJECT QUESTIONNAIRE DKey Version Publish Date: 03/29/2024 7 of 8 Project code: 2024-0073814 IPaC Record Locator: 722-141350264 04/08/2024 13:15:25 UTC IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Megan Dean Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email megan@segi.us Phone: 9102281841 DKey Version Publish Date: 03/29/2024 8 of 8 106 Sumter Ave PCN Attachments Appendix G: Species List SEGi* Page 13 of 17 United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2024-0073814 Project Name: Melissa's Laundry 04/08/2024 13:14:01 UTC 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: 2024-0073814 04/08/2024 13:14:01 UTC species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation- migratory-birds. 2of15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC 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 3916 Sunset Ridge Rd Raleigh, NC 27607 (919) 856-4520 3of15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC PROJECT SUMMARY Project Code: 2024-0073814 Project Name: Melissa's Laundry Project Type: New Constr - Above Ground Project Description: Located to the south of the Carolina Lake, this project requires three lots, that are within the defined boundaries. The back two sections/lots are planning to be parking lots to the main project site at the front. Working towards permitting for wetland fill prior to beginning project. Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)34.0272777,-77.89607923472705,14z C.IOMA h—h L.L. Counties: New Hanover County, North Carolina 4of15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC 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. Note that 2 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 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. 5of15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • This species only needs to be considered if the project includes wind turbine operations. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered This species only needs to be considered under the following conditions: • This species only needs to be considered if the project includes wind turbine operations. 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 :11VImo'? 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.gov/ecp/species/6039 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 Rufa Red Knot Calidris canutus rufa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is proposed critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6199 6of15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC NAME STATUS 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 NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 Endangered Endangered 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. 7of15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC 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 Treat, Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) THERE ARE NO BALD AND GOLDEN EAGLES WITHIN THE VICINITY OF YOUR PROJECT AREA. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Acti 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 Treat. 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 8of15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC SUMMARY below to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Black Scoter Melanitta nigra Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10413 Brown Pelican Pelecanus occidentalis Breeds Jan 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Sep 30 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/603 Common Eider Somateria mollissima Breeds Jun 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Sep 30 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10457 Common Loon gavia immer Breeds Apr 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Oct 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/446 Dovekie Alle alle Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/6041 Long-tailed Duck Clangula hyemalis Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/7238 Pomarine Jaeger Stercorarius pomarinus Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10458 Razorbill Alca torda Breeds Jun 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Sep 10 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10461 9of15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC BREEDING NAME SEASON Red Phalarope Phalaropus fulicarius Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10469 Red -breasted Merganser Mergus serrator Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10693 Red -necked Phalarope Phalaropus lobatus Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10467 Red -throated Loon Gavia stellata Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/9589 Ring -billed Gull Larus delawarensis Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10468 Royal Tern Thalasseus maximus Breeds Apr 15 This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention to Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10471 Sooty Shearwater Ardenna grisea Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10417 Surf Scoter Melanitta perspicillata Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10463 10 of 15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC NAME Thick -billed Murre Uria lomvia This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10700 BREEDING SEASON Breeds Apr 15 to Aug 15 White -winged Scoter Melanitta fusca Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/10462 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 1 survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Black Scoter Jill Jill Jill 1111111l 1+1+ -4111 1111 111 1 1$11 Jill Jill Non -BCC Vulnerable 11 of 15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC Brown Pelican Non -BCC Jill 1111Jill 111::31 Jill Jill Jill lip$ IW I I I I I I rTT Non-BC Vulnerable Common Eider I Non-BCC I I I I I I I I I I II I I I ++ Vulnerable Common Loon 1111111111ii i&l.L ++ ++++ +11� Non -BCC ++ ++++ ++ 1 Vulnerable --- Dovekie Non -BCC Vulnerable Long-tailed Duck Non -BCC ++++ ++++ ++++ ++++ ++++ ++++ ++++ 1+ft Vulnerable I yy Pomarine Jaeger + I + I I T++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +$++ ++++ I+TT Non -BCC T Vulnerable Razorbill FIE W Non -BCC 0*00 �+ ��++ ++++ ++++ ++++ ++ ++++ ++++ ++++ +++1 Vulnerable If Red Phalarope Non -BCC ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ Vulnerable Red -breasted Merganser Jill Jill Jill ++FT I �1...... +++ Non -BCC Vulnerable Red -necked I Red -necked +++ I r++ ++++ ++++ +$++ ++++ ++++ ++++ +,++ ++++ ++++ ++++ Non -BCC Vulnerable Non-BCCted Loon Jill Jill Jill +I,+ ++++ ++++ ++++ ++++ ++++ ++++ Vulnerable SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Ring -billed Gull 'TTT TTT„"' Jill 1111 +11+ +11+ 11+111111$11 Jill Jill Non -BCC Vulnerable Royal Tern �111111� 11111111 Non -BCC Jill Jill hill lip Jill Jill 11++ 111* Vulnerable Sooty Shearwater Non -BCC ++++ + ++++ ++++ ++++ ++++ ++++ ++++ ++++ Vulnerable Surf Scoter Non -BCC Jill ft1IIIIIIIII 11++ ++$I ++I+ ++1+ ++++ ++++ ++++ +++1 +11+ 1111 Vulnerable 12 of 15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC Thick -billed Murre ���� ���� Non -BCC ++++ +�++ ++++ ++++ FINE+ +FIE+ + ++++ ++++ ++++ ++++ Vulnerable 71 White-winged Scoter Non -BCC Vulnerable Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-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. 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. 13 of 15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC NAME West Indian Manatee Trichechus manatus Species profile: https:Hecos.fws.gov/ecp/species/4469 14 of 15 Project code: 2024-0073814 04/08/2024 13:14:01 UTC IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Megan Dean Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email megan@segi.us Phone: 9102281841 15 of 15 106 Sumter Ave PCN Attachments Appendix H: RCW SLOPES Form SEGi* Page 14 of 17 RCW SLOPES Manual —North Carolina March 2022 Appendix A— Rep -cockaded Woodpecker consultation Area _ �Washingtr I, rl.,l ll •ra •ur,f Nurl£fl1W SI - •A RGINIA ;y Lynchburg "'Richmond G F, miok a C anieF �me GtlM9EF1AMbA4AFEAV p Nar1 Forest- Jefw— 'Bfackaburg P.d bi rd Pi a r cn .t Fores •e'-'— Norfolk n n'i lI .II„ i II I I-.[,'d Kingsport Ilghen •-'k,vrk— A. he Suay stak® dringha Caswell Person Warren rtgtn HaHu JDh—.n CityaN n Neta ., ...; Wikg nvill Hal'rfax .. ydl. rKa�yth Cr—.� :.ro I• f i - rll- - In - ng r rarklin q' C 9 •. �aldwell Ale nre � lexa ntl Qavie hash dm hlgd ison a^OP redell ids6n ❑ P, ale •. Vl Mevtin as hr' TyaeR� I n 9 e 3uAe Cntaw hn Row en F2endv�h }r ,•'Chatha J 6uf.A r¢`pmL-c cll ow Joh na?on '3.viln Lincoln -lee sane t H rp y. C� ndeso utherfm beau Her net 1Nayne '• Jad�so Pok levels Gasto �1� �? my 6+loore . 'Y1 Lenoir Cherck hlac�r. T nsykan 'I Ille treesn Pa mlHwn �la Pnim Anson &_ P•vie umbErlsn.' Greenvdlo � rnpson Jones 4 Quplln ✓'I C .SEa ��'': -.. Chartah_h— ❑ coibn " >t Jatl[sn Ir• _ ` Nalvid F'nre sr Rc he 7 .. r� DrtS Rry -son eladen •.. � �Aurnbua � �� �/y�/CC''� ksv�H Athens Wn,er tColumbia - s•nns„iG I n Naecn al F[Ye sr �;llanta SO UT I•i �] CAP. OLI NA P Augrlstan ti P Ocrxlw Franc s .; Plebp.� � hlarwr FqQ N _ N Rol �°rear North y Charleston an p o Char#emon'Ptdt Fl—W l' Red -cockaded Woodpecker Section 7 Consultation Area Northeastern Coastal Plain ah sq— arl Source: USFYM 2020 11 RCW SLOPES Manual — North Carolina March 2022 US Army Corps of Engineers. Appendix B — Red -cockaded Woodpecker Effects Determination Key ORM2 No.: Date 04/08/2024 USFWS Reference No. (if applicable): 2024-0073814 1) Is the action areal located within the RCW consultation area (see Appendix A and project -specific sults from a project -specific IPaC or internal USACE GIS review)? a) Yes......................................................................................................................................................go to 2 No...................................................................................................................................................No effect2 2) Is the action areal located in the northeastern coastal plain (see Appendix A)? a) Yes.......................................................................................................................................................go to 3 No (the project is located in piedmont, sandhills, or southeastern coastal plain)..................go to 4 3) Is the action areal located in a forested area with pine trees present in northeast North Carolina (e.g., high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes, are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table 1 for a description of the minimum dbh of 30-year-old pines associated with each community type). If the answer to both of these questions is yes, choose Yes below. If the answer to one or both questions is no, then choose No below. a) Yes.......................................................................................................................................................go to 8 b) No...................................................................................................................................................No effect2 4) Is the action areal located within suitable RCW foraging or nesting habitat (pine or pine/hardwood stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30 years of age or older or >_8-inches dbh')? a) Yes.......................................................................................................................................................go to 5 z ) °, No...................................................................................................................................................No effect (b./ 5) Will any activity in the action areal remove trees equal to or greater than 8 inches dbh; or will any activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office. a) Yes (to one or both).........................................................................................................................go to 6 b) No.........................................................................................................................................................NLAA3 12 RCW SLOPES Manual — North Carolina March 2022 6) Is the action area' located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or pine/hardwood stands that contain pines 60 years in age or older or z10 inches dbh; in the southeastern coastal plain: pine or pine/hardwood stands that contain pines 2:8 inches dbh, including but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)? a) Yes........................................................................................................................................................go to 9 b) No.........................................................................................................................................................go to 7 7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be impacted by any activity in the action area'? a) Yes......................................................................................................................................................go to 9 b) No.........................................................................................................................................................NLAA3 8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action area'. Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in the action area', or is the action area' within 200 feet of a cavity tree? If the answerto either of these questions is yes, choose Yes below. If unable to determine the location of a cavity tree with confidence, then contact the USFWS Raleigh Field Office. a) Yes......................................................................................................................................................go to 9 b) No.........................................................................................................................................................NLAA3 9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey is necessary (for a list of USACE representatives please see the contact list at http:Hsaw reg.usace.army.mil/FO/PMUist.pdo. Note that project -specific information, such as a delineation of waters of the U.S., project plans, and details concerning certain activities on disturbances that would occur in the action area' (e.g. percussive activities, forest management, or similar disturbances), may be needed for the USACE to determine the action area(s)' of the project. If a survey is required and agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action area' should be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such surveys are conducted by running line transects through stands and visually inspecting all medium- sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all trees are inspected and are run north -south. Was a survey performed? a) Yes, a survey was performed, and RCW cavity trees were observed.......................................go to 10 b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the results (no RCW cavity trees were observed)................................................................................NLAA3 c) No, the USACE determined that a survey was not required and the USFWS concurred.............................................................................................................................................NLAA3 d) No, a survey was not performed..........................................................................Consultation required' 10) Does the project involve activities or disturbances in the action area' (e.g., percussive activities, forest management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then consultation is required. a) Yes............................................................................................................................Consultation required' b) No......................................................................................................................................................go to 11 13 RCW SLOPES Manual — North Carolina March 2022 11) Has a foraging habitat analysis (FHA)6 been conducted to determine whether enough foraging habitat would remain for each RCW group post -project? For information on how to conduct an FHA6, referto the "Procedures for Determining Foraging Habitat Availability' and the Private Land Guidelines! a) Yes, the FHA6 has been submitted to the USFWS for concurrences and the USFWS concurred that adequate amounts of foraging habitat would remain post-project.................................NLAA3 b) Yes, and review of the FHA by the USACE along with concurrence from USFWS determined inadequate amounts of foraging habitat would remain post -project......... Consultation requireds c) No, an FHA has not been conducted...............................................................Consultation requireds 'Action Area means all areas to be affected directly or indirectly bythe Federal action and not merelythe immediate area involved in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action. For a list of USACE representatives, please see the contact list at: http://saw-res.usace.army.mil/F0/PMust.Ddf. 2No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the project as described. 3NLAA— The proposed project may affect but is not likelyto adversely affect this species and/or its designated critical habitat (if applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh and Asheville Ecological Services field offices, therefore, consultation is considered completeforthis species. ForGeneral Permits, submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations. 4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey protocol (https://www.fws.goy/rcwrecovery/files/RecoveryPlan/survey nrotocol.ndf) sConsultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the contact list at http://saw-reiz.usace.army.mil/F0/PMUst.pdf. Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is necessary to discern if the activity would result in a "no effect,' "not likelyto adversely affect," or "likely to adversely affect" determination. 6Follow links for additional information on conducting FHA (https://www.fws.jzov/rcwrecovery/matrix.htmi) and for determining foraging habitat availability (https://www.fws.govincsandhills/files/fha data collection procedures.pdf?. 7Follow link for additional information regarding determination for adequate amount of foraging habitat (https://www.fws.mov/rcwrecovery/files/RecoveryPlan/private lands Ruidelines.pdf). 8 FHA —When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence. Additional Information 14 RCW SLOPES Manual — North Carolina March 2022 Appendix C —Conservation Recommendations These recommendations are optional and, if implemented, would support the agency's goals toward recovery. These recommendations are to be used at the discretion of the permittee, but any measures that avoid and minimize effects to the species are highly encouraged by the USFWS. 1. Minimize project impacts within clusters and foraging habitat whenever possible (i.e., conduct large pine removal outside of nesting season [April 1 to July 31], trim branches instead of complete tree removal, switch building plans to retain large pines). 2. The USFWS strongly recommends that occupied habitats be avoided and preserved. The first measure is to modify the project footprint to avoid direct impacts to RCW habitat. This habitat could be designated as an environmentally sensitive area and set aside by deed restriction, easement, or another protective covenant. If the occupied habitat on the property exceeds 5 acres (2 hectares), then a habitat management plan is also recommended. Incorporating these recommendations into the project design and documenting them in the habitat management plan might result in the project being not likely to adversely affect the RCW. 3. On -site habitat enhancements are recommended by the USFWS in situations where a project proposes to impact occupied RCW habitat. If the site has been physically altered by exotic species invasion, lack of fire, or other anthropogenic actions, these alterations have produced on -site habitat conditions that have resulted in marginally suitable habitats for RCW's survival and propagation. The planned action, through project redesign, has avoided impacting a substantial portion of the habitat; however, some habitat loss will still occur. The project proposes on -site habitat enhancements and management actions that provide habitat quality improvements that balance losses of small amounts of marginally suitable habitats. Incorporating these recommendations into the project and documenting them in a habitat management plan can result in the project being not likelyto adversely affect the RCW. 4. Remove vines and thick underbrush/mid-storyto improve site suitability. S. Provision starts and/or completed cavities in suitable large pines to provide additional housing opportunities to an RCW cluster. 15 106 Sumter Ave PCN Attachments Appendix I: NOAA Fisheries Essential Fish Habitat Report SEGi* Page 15 of 17 4/8/24, 10:41 AM EFH Report EFH Mapper Report EFH Data Notice Essential Fish Habitat (EFH) is defined by textual descriptions contained in the fishery management plans developed by the regional fishery management councils. In most cases mapping data can not fully represent the complexity of the habitats that make up EFH. This report should be used for general interest queries only and should not be interpreted as a definitive evaluation of EFH at this location. A location -specific evaluation of EFH for any official purposes must be performed by a regional expert. Please refer to the following links for the appropriate regional resources. Southeast Regional Office Atlantic Highly Migratory Species Management Division Query Results Degrees, Minutes, Seconds: Latitude = 34' 1' 40" N, Longitude = 78' 6' 14" W Decimal Degrees: Latitude = 34.028, Longitude =-77.896 The query location intersects with spatial data representing EFH and/or HAPCs for the following species/management units. EFH Data Lifestage(s) Management Link Caveats Species/Management Unit Found at Council FMP Atlantic Butterfish Location ] Adult Mid -Atlantic Atlantic Mackerel, Squid,& Butterfish Amendment 11 Atlantic Sharpnose Shark Amendment 10 to the 2006 (Atlantic Stock) Adult Secretarial Consolidated HMS FMP: Bluefish EFH ] Adult Juvenile Mid -Atlantic Bluefish Amendment 2 to the Clearnose Skate Juvenile New England Northeast Skate Complex FMP Summer Flounder Adult, Juvenile, Mid -Atlantic Summer Flounder, Scup, Larvae Black Sea Bass Amendment 14 to the Windowpane Flounder Juvenile New England Northeast Multispecies FMP Pacific Salmon EFH No Pacific Salmon Essential Fish Habitat (EFH) were identified at the report location. Atlantic Salmon No Atlantic Salmon were identified at the report location. https://www.habitat.noaa.gov/apps/efhmapper/efhreport/ 1 /2 4/8/24, 10:41 AM HAPCs EFH Report Link Data Caveats HAPC Name Management Council Coastal Inlets South Atlantic Fishery Management Council Summer Flounder SAV Mid -Atlantic Fishery Management Council EFH Areas Protected from Fishing No EFH Areas Protected from Fishing (EFHA) were identified at the report location. Spatial data does not currently exist for all the managed species in this area. The following is a list of species or management units for which there is no spatial data. "For links to all EFH text descriptions see the complete data inventorv: open data inventory - !> South Atlantic Sargassum EFH, Sargassum, South Atlantic HAPCs, Coastal Migratory Pelagics, Golden Crab, Sargassum, Secretarial EFH, Bigeye Sand Tiger Shark, Bigeye Sixgill Shark, Caribbean Sharpnose Shark, Galapagos Shark, Narrowtooth Shark, Sevengill Shark, Sixgill Shark, Smooth Hammerhead Shark, Smalltail Shark https://www.habitat.noaa.gov/apps/efhmapper/efhreport/ 2/2 106 Sumter Ave PCN Attachments AppendixJ: NC Historic/Cultural Resources - SHPO HPOWEB2.0 Map OIEW HAN VER IN HOW Bobby's Bait SU�r Shop vLex SEGi* _a qb c � *w ; .NewHanover County, State of No r Carolina DOT, Esri, HERE Garmin, INCREMENT P, NG�, USGS Page 16 of 17 106 Sumter Ave PCN Attachments SEGi. Appendix K: Flood Zone Information - FRIS NC Flood Map R.d 7— FioWSource: AtlanticOcuan Rase Ro R—ation: 12ft 0 Less 10 Year Flood Elevatlan WA 25 Year Flood Elevation S4f[ Q 50 Year Flood Elevation 8.4ff Q 100 Year Food Elevatiae IIft 0 IWYear Future Cdtl[Vl WA 500 Year Flood Elevation 16fl 0 County: Neer Hamsxr NIIVU l aa: T—OfC;aoilna Beach CID: 37SM7 Page 17 of 17