HomeMy WebLinkAbout20240382 Ver 1_More Info Received_20240501DW R
Dirlslna of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 4, 2023 Ver 4.3
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered.
Also, if at any point you wish to print a copy of the E-PCN, all you need to do is right -click on the document and you can print a copy of the form.
Below is a link to the online help file.
hftps://edocs. deq. nc. gov/ W aterResou rces/DoeView. aspx?d b id=0&id=2196924
A. Processing Information
If this is a courtesy copy, please fill in this with the submission date.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity? *
Yes No
Is this project connected with ARPA funding? *
Yes No
County (or Counties) where the project is located:"`
New Hanover
Is this a NCDMS Project*
Yes No
Click Yes, only if NCDMS is the applicant or co -applicant.
DO NOT CHECK YES, UNLESS YOU ARE DMS OR CO -APPLICANT.
Is this project a public transportation project?*
Yes No
This is any publicly funded by municipal,state or federal funds road, rail, airport transportation project.
la. Type(s) of approval sought from the Corps: *
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?*
Yes No
Nationwide Permit (NWP) Number: 18 - Minor Discharges
NWP Numbers (for multiple NWPS):
List all NW numbers you are applying for not on the drop down list.
1d. Type(s) of approval sought from the DWR:*
check all that apply
401 Water Quality Certification - Regular 401 Water Quality Certification - Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
1e. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification: Yes No
For the record only for Corps Permit: Yes No
1f. Is this an after -the -fact permit application? *
Yes No
1g. 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 m-lieu fee program.
Yes No
Acceptance Letter Attachment
Click the upload button or drag and drop files here to attach document
FILE TYPE MUST BE PDF
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
11. Is the project located within a NC DCM Area of Environmental Concern (AEC)?*
Yes No Unknown
1j. Is the project located in a designated trout watershed?*
Yes No
Link to trout information: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-CoordinationrFrout.aspx
B. Applicant Information
1a. Who is the Primary Contact?*
Dana Lutheran
1c. Primary Contact Phone:*
1 b. Primary Contact Email: * (xxx)xxx-xxxx
dlutheran@segi.us (910)228-1841
1d. Who is applying for the permit?
Owner Applicant (other than owner)
(Check all that apply)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Maxwell and Charemon Marker
2b. Deed book and page no.:
6570/1096
2c. Contact Person:
(for Corporations)
Char Marker
2d.Address*
Street Address
1712 Herons View Drive
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28501
Us
2e. Telephone Number:*
(xxx)xxx-xxxx
(703)402-0970
2f. Fax Number:
2g. Email Address:*
maxandchar98@gmail.com
4. Agent/Consultant (if applicable)
4a. Name:*
Dana A. Lutheran
4b. Business Name:
(if applicable)
Southern Environmental Group, Inc. (SEGi)
4c. Address"
Street Address
5315 South College Road
Address Line 2
Suite E
City
Stale / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28412
US
4d. Telephone Number:"`
(910)228-1841 4e. Fax Number
(xxx)xxx-xxxx (xxz)xxx-xxxx
4f. Email Address:
dlutheran@segi.us
C. Project Information and Prior Project History
1. Project Information
1a. Name of project:*
1000 Peterson Place
1 b. Subdivision name:
(if appropriate)
Old Bay Meade
1c. Nearest municipality / town:"
Wilmington
2. Project Identification
2a. Property Identification Number:
2b. Property size:
(tax PIN or parcel ID)
(in acres)
R04400-004-028-000
3.11
2c. Project Address
Street Address
1000 Peterson Place
Address Line 2
City
State / Province / Region
Wilmington
NC
Postal / Zip Code
Country
28411
US
2d. Site coordinates in decimal degrees
Please collect site coordinates in decimal degrees. Use between 4-6 digits (unless you are using a survey -grade GPS device) after the decimal place as appropriate, based on how the location was
determined. (For example, most mobile phones with GPS provide locational precision in decimal degrees to map coordinates to 5 or 6 digits after the decimal place.)
Latitude: *
Longitude:
34.268919
-77.791334
ex: 34.208504
-77.796371
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Pages Creek
3b. Water Resources Classification of nearest receiving water:
SA;HQW
Surface Water Lookup
3c. What river basin(s) is your project located in?*
White Oak
U
U
L^J
3d. Please provide the 12-digit HUC in which the project is located.
030203020502
River Basin Lookup
4. Project Description and History
4a. 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 project site is a wooded lot that is located at the terminus of Peterson Place, which is a cul-de-sac within the existing Old Bay Meade S.D. The bulk of the buildable upland is at the
rear of the lot and is behind a Hardwood Flat wetland that bisects the lot from east to west (see attached Wetland Boundary Sketch). Residential is the main land use within the vicinity of
the project.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.78
4g. List the total estimated linear feet of all existing streams on the property:
(intermittent and perennial)
0
4h. Explain the purpose of the proposed project:*
The purpose of this project is construct a private driveway that will provide access to the applicant's primary residence.
41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The work would entail removing all vegetation and unsuitable soils from approximately 0.034-acre of Hardwood Flat type wetland. Two 12" corrugated plastic pipes will be installed within
the crossing area, to ensure a hydrologic connection between the remaining wetlands. The area will then be filled with clean earthen soil, which will serve as the driveway bed.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?
Yes No Unknown
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Example: SAW-2017-99999
SAW-2022-01089
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Noah Dean
Agency/Consultant Company: SEGi
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR.
See attached.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other
separate and distant crossing for linear projects that require Department of the Army authorization but don't require pre -construction notification.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
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.
"W." will be used in the table below to represent the word "wetland".
2a1 Reason * (?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name* 2e. Forested* 2f. Type of Jurisdicition* 2g. Impact
area
Ni Driveway P Hardwood Flat 1 Yes Corps 0.034
la�resl
2g. Total Temporary Wetland Impact
0.000
2g. Total Permanent Wetland Impact
0.034
2g. Total Wetland Impact
0.034
21. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: *
The applicant had waters of the US, including wetlands, delineated before designing the project. Once it was determined that wetlands bisected the lot,
the applicant designed the house to be located wholly within uplands and placed the driveway to cross the wetland at its narrowest point. Additionally,
the applicant sought to access the property off of Middle Sound Loop Road, but the DOT objected.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Prior to commencing with land disturbing activities, the applicant will install sediment and erosion control measures. The measures will be inspected
weekly and repaired/replaced as needed.
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?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The impact is de minims (i.e., less than 0.10-acre) and does not require mitigation.
INC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
*** Recent changes to the stormwater rules have required updates to this section .***
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
For a list of options to meet the diffuse flow requirements, click here.
If no, explain why:
The project is not within one of NC's riparian buffer river basins.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
To look up low density requirement click here 15A NCAC 02H .1003(2).
Comments:
The project is covered under the Old Bay Meade S.D. Stormwater Permit, wherein a specific amount of built upon area (BUA) is allocated to the lot. The building plans will be reviewed by
the Old Bay Meade HOA to ensure that the project does not exceed its allocated BUA.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
U
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The project will not provide access to currently land locked property. Furthermore, stormwater runoff generated by the development will be conveyed
through vegetated buffers before discharging into downstream receiving waters.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
CFPUA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat? *
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?*
Yes No
5e. Is this a DOT project located within Division's 1-8?*
Yes No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?*
Yes No
Link to the NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed_NLEB-SLOPES&apps.pdf
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
Unknown
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
US FWS IPaC Official Species List, IPaC NLEB Consistency Determination and RCW SLOPES form (all attached)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
The project site does not contain a surface water.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data: http_//gis.ncdcr.gov/hpoweb/
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 status (e.g., National Historic Trust
designation or properties significant in North Carolina history and archaeology)?
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC HPOWEB2.0 (see attached).
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https:Hmse.fema.gov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8b. If yes, explain how project meets FEMA requirements:
The applicant has submitted an application for floodplain development approval of the driveway crossing. The approval will be submitted upon receipt.
8c. What source(s) did you use to make the floodplain determination?
New Hanover County GIS Flood Map (see attached).
Miscellaneous
Comments
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
1000 Peterson Place PCN Attachments 34-24.pdf 5.41 MB
File must be PDF or KMZ
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:*
Dana A. Lutheran
Signature*
Date
5/1/2024
§S ECI
===a*
1000 Peterson Place
Old Bay Meade S.D., Wilmington, New Hanover Co.
Pre -Construction Notification Attachments
Prepared for:
Char and Max Marker
1712 Herons View Drive
Wilmington, NC 28501
maxandchar98@gmail.com
Prepared by:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
dlutheran@segi.us
Date:
May 1, 2024
1000 Peterson Place PCN Attachments 5-1-24
SEGi
Attachments
Number
Description
1
Parcel Information, Aerial & Deed
2
Division of Water Resources Water Classification Map
3
USACE Jurisdictional Determination
4
1000 Peterson Place Site Plan & Wetland Impact Map
5
NC SHPO HPOWEB2.0
6
New Hanover County GIS Flood Map
7
Agent Authorization
8
USFWS Official Species List, NLEB Consistency Letter & RCCW SLOPES Form
9
New Hanover County Flood Plain Approval
1000 Peterson Place PCN Attachments 5-1-24
SEGi
Attachment 1
Parcel Information, Aerial & Deed
Book 6570 Page 1096
BK: RB 6570
PG: 1096 - 1097 NC FEE $26.00
RECORDED: 2022021135
06/02/2022 NEW HANOVER COUNTY, REAL ESTATE
12:56:46 PM TAMMY THEUSCH PIVER
EXTX $430.00
REGISTER OF DEEDS
BY: SAMANTHA SPEAKER
DEPUTY
ELECTRONICALLY RECORDED
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $430.00 Parcel Identifier No.: R04400-004-028-000
Mail after recording to: Maxwell Marker and Charemon Marker, 1415 Abbey Place, Apt 122, Charlotte, NC 28209
This instrument was prepared by: Mann, McGibney, & Jordan, 621 West Jones Street, Raleigh, NC 27603
Brief Description from the Index: LOT 10, OLD BAYMEADE PB 38/237
THIS DEED made this day of ,'D 7i by and between
Jamie Ian McCorkle and Brianna McCorkle, a married couple
4848 Tupelo Drive
Wilmington, NC 28411
GRANTEE
Maxwell Marker and Charemon Marker, a married couple
Property Address:
1000 Peterson Place
Wilmington, NC 28411
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in or near the City/Town of Wilmington, New Hanover County, North Carolina
and more particularly described as follows:
BEING ALL OF LOT 10, OLD BAYMEADE SUBDIVISION, AS SAME IS SHOWN ON MAP OF
SAME RECORDED IN MAP BOOK 38 AT PAGE 237 OF THE NEW HANOVER COUNTY
REGISTRY TO WHICH IS HEREBY A MORE PARTICULAR DESCRIPTION.
Property Address: 1000 Peterson Place, Wilmington, NC 28411
The property herein described-1 is or is not the primary residence of the Grantors.
The property herein described was acquired by Grantor by instrument recorded in Book 6402, Page 677, New
Hanover County Registry.
NC Bar Association Form No. 3 1976, Revised 11/1/2010
Printed by Agreement with the NC Bar Association
submitted electronically by "Mann, McGibney & Jordan, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover County Register of Deeds.
Book 6570 Page 1097
A map showing the above described property is recorded in Plat Book 38, Page 237, and referenced within this
instrument.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter
stated.
Title to the property hereinabove described is subject to the following exceptions:
Easements, Restrictions and Rights of Way of record.
Property taxes for current and subsequent years.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand, or if corporate, has caused this to be signed in its
corporate name by its duly authorized officers by authority of its Board of Directors, the day and year first above
cur" n ,d
3mic Ian McCorkle
t C4r
Brianna Mc orkle
STATE OF
COUNTY OF &V
I, , Notary Public, do hereby certify that Jamie Ian McCorkle and Brianna
McCorkle personally appeared before me this day and acknowledged the due execution of the foregoing
instrument.
Witness my hand and official seal this day of 2022.
Official Signature of Notary
Printed or typed name of Notary
My Commission Expires:
NC Bar Association Form No. 3 i 1976, Revised I/1/2010
Printed by Agreement with the NC Bar Association
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1000 Peterson Place PCN Attachments 5-1-24 SEGi
Attachment 2
DWR Water Classification Map
Porters Nec
y :) f'r
{4
`w4
�T
Y
5
Surface Water
x
classifications:
r
u Stream Index:
fr
Stream Blame:
Description.
Classification:
f Date of Class.:
_ y
18-87-22 `
Pages Creek
From source to
Intracoastal Waterway
SAI-HOW
August S. 1981
T
1000 Peterson Place PCN Attachments 5-1-24 SEGi
Attachment 3
USACE Jurisdictional Determination
Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01089 County: New Hanover U.S.G.S. Quad: NC -Scotts Hill
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Ian and Brianna McCorckle
Address: 4848 Tupelo Drive
Wilmington, NC 28411
E-mail: ianmccorckle(&2mail.com
Size (acres) 3.11 Nearest Town Wilmington
Nearest Waterway Pages Creek River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.268919
Longitude:-77.791334
Location description: The protect area is located at 1000 Peterson Place in Ogden.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including 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
waters, including 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 5/3/2022. 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 waters, including 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 waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including 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 waters, including 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 waters, including 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 waters, including 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
SAW-2022-01089
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, including 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.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at 910-251-4611 or
brad.e.shaverAusace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 05/23/2022.
D. Remarks: The site was field reviewed on 511912022.
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)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN(a)USACE.ARMY.MIL
SAW-2022-01089
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.**
Digitally signed by Brad Shaver
Brad Shaver Date: 2022.05.23 15:46:39
-04'00'
Corps Regulatory Official:
Date of JD: 05/23/2022 Expiration Date of JD: Not applicable
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
https://re ug lator .00ps.usace.army.mil/customer-service-survey
Copy Furnished(electronic):
SEGI attn: David Scibetta
SEGI attn: Noah Dean
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Ian and Brianna McCorckle File Number: SAW-2022-01089 Date: 05/23/2022
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B I
❑
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.anny.mil/Missions/CivilWorks/Re ulatoryPro2ramandPennits.aspx
or the Corpsregulations 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 Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
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. PHILIP A. SHANNIN
Attn: Brad Shaver
ADMINISTRATIVE APPEAL REVIEW OFFICER
Wilmington Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
69 Darlington Avenue
ATLANTA, GEORGIA 30303-8803
Wilmington, North Carolina 28403
PHONE: (404) 562-5136; FAX (404) 562-5138
EMAIL: PHILIP.A.SHANNINkUSACE.ARMY.MIL
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 opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 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. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 5/23/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: MCCORKLE JAMIE I BRIANNA, 4848 Tupelo Dr,
Wilmington NC
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 1000 Peterson Place, SAW-2022-
01089
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 1000 Peterson Place, Wilmington NC
(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: N 34.268919 Longitude: W 77.791334
Universal Transverse Mercator:
Name of nearest waterbody: Middle Sound Creek
REVIEW PERFORMED FOR SITE EVALUATION
(CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s):5/19/2022
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude (decimal
degrees)
Longitude (decimal
degrees)
Estimated amount of
aquatic resources in
review area (acreage
and linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs. non -
wetland waters)
Geographic authority to
which the aquatic resource
"may be" subject (i.e.,
Section 404 or Section
10/404)
1
34.268919
77.791334
0.78 ac.
Wetland
Section 404
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Field sketch of wetland
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name:
® Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of New Hanover Co.
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): 2019 NCOneMaps 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.
Brad Digitally signed by
Brad Shaver
Shaver Date: 2022.05.23
15:44:44-04'00'
Signature and date of Regulatory
staff member completing PJD
DATE
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.
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1000 Peterson Place PCN Attachments 5-1-24 SEGi
Attachment 4
1000 Peterson Place Site Plan & Wetland Impact Map
PRELIMINARY PLOT PLAN FOR
LOT 10- OLD BAYMEADE
N N
Reference: Book 6570 Page 1096 Map 38 Page 237 / 00 �
LOT 10— OLD BAYMEADE
Harnett Township, New Hanover County, NC / EIP
Date: August 10, 2022
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C1 50.00' 1 82.48' 1 73.44' 1 S 74°00'06" W
1123 FLORAL PARKWAY
WILMINGTON, N.C. 28403
Preliminary Plan FAON . (910) 41 34433-8002
FIRM CERTIFICATE C-0597
F. ALL \ARS \DWG2022 \ 16091
1000 Peterson Place PCN Attachments 5-1-24 SEGi
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Attachment 7
Agent Authorization
SEGO
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: Lot 10 Old Baymeade (1000 Peterson Place)
LOT NO. PLAN NO. PARCEL I.D.
STREET ADDRESS: 1000 Peterson Place
R04400-004-028-000
Property Owner (please print): Char & Max Marker
The undersigned; registered property owner of the above noted property, does hereby authorize
Southern Environmental_ Group, Inc. (SEGi) to act on their behalf in natters regarding areas of
emvironrnental concern.
Property Owner's Address (if different than property above):
>JJr7l Z lJeKcr) s Vr eLj Q-Df j
Email: maxandchar98'a amail.com
Telephone:
703.402.0970
We hereby' certify the above information submitted in this application is true and accurate to the best of
our knowled
7
Property Owner Authorized Signature SEGi Authorized Signature
I -/Q�{L e-
Print Name
3 /q�zoz
Date
Dana A. Lutheran
Print Name
1 /31 /24
Date
1000 Peterson Place PCN Attachments 5-1-24 SEGi
Attachment 8
USFWS Official Species List
NLEB Consistency Letter
RCW SLOPES Form
JJ�/4 Q r
United States Department of the Interior
FISH AND WILDLIFE SERVICE
1RCH 3 } Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Project Code: 2024-0057486
Project Name: 1000 Peterson Place, Wilmington, NC
March 04, 2024
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed, and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
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 IPaC 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
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
Project code: 2024-0057486
03/04/2024
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/default/files/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 Migratory Bird Permit I What We Do I U.S. Fish & Wildlife
Service(fws.gov).
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.
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
2 of 8
Project code: 2024-0057486 03/04/2024
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607-3726
(919) 856-4520
3 of 8
Project code: 2024-0057486
03/04/2024
PROJECT SUMMARY
Project Code: 2024-0057486
Project Name: 1000 Peterson Place, Wilmington, NC
Project Type: Residential Construction
Project Description: Single family dwelling with driveway, within existing residential
subdivision. Work to start within the next month, with tree removal being
completed by April 2024.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.26923845,-77.7909598369585,14z
Counties: New Hanover County, North Carolina
4 of 8
Project code: 2024-0057486 03/04/2024
ENDANGERED SPECIES ACT SPECIES
There is a total of 14 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
BIRDS
NAME
STATUS
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.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 ru fa
Threatened
There is proposed critical habitat for this species.
Species profile: httpss:Hecos.fws.gov/ecp/species/1864
5 of 8
Project code: 2024-0057486
03/04/2024
REPTILES
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: https://ecos.fws.gov/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5523
Endangered
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
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyi Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulae folio Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
6 of 8
Project code: 2024-0057486 03/04/2024
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.
7 of 8
Project code: 2024-0057486
03/04/2024
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Dana Lutheran
Address:
5315 South College Road
Address Line 2:
Suite E
City:
Wilmington
State:
NC
Zip:
28412
Email
dlutheran@segi.us
Phone:
9102281841
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Brad Shaver
Email: Brad.E.Shaver@usace.army.mil
Phone: 9102514611
8 of 8
C. United States Department of the Interior
FISH AND WILDLIFE SERVICE }
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To: March 04, 2024
Project code: 2024-0057486
Project Name: 1000 Peterson Place, Wilmington, NC
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for'1000 Peterson Place, Wilmington, NC'
Dear Dana Lutheran:
This letter records your determination using the Information for Planning and Consultation
(IPaQ system provided to the U.S. Fish and Wildlife Service (Service) on March 04, 2024, for
'1000 Peterson Place, Wilmington, NC' (here forward, Project). This project has been assigned
Project Code 2024-0057486 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: 2024-0057486 IPaC Record Locator: 612-139549175 03/04/2024
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
• Cooley's Meadowrue Thalictrum cooleyi Endangered
■ Green Sea Turtle Chelonia mydas Threatened
■ Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
• Leatherback Sea Turtle Dermochelys coriacea Endangered
■ Loggerhead Sea Turtle Caretta caretta Threatened
■ Magnificent Ramshorn Planorbella magni fica Endangered
■ Monarch Butterfly Danaus plexippus Candidate
■ Piping Plover Charadrius melodus Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
■ Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
• Rufa Red Knot Calidris canutus ru fa Threatened
• Tricolored Bat Perimyotis sub flavus Proposed Endangered
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above. Note that if a new species is listed that may be affected by the
identified action before it is complete, additional review is recommended to ensure compliance
with the Endangered Species Act.
Next Step
Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds,
permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal
representative. Therefore, the ESA consultation status is incomplete and no project activities
should occur until consultation between the Service and the Federal action agency (or designated
non-federal representative), is completed.
As the federal agency or designated non-federal representative deems appropriate, they should
submit their determination of effects to the Service by doing the following.
1. Log into IPaC using an agency email account and click on My Projects, click "Search by
record locator" to find this Project using 612-139549175. (Alternatively, the originator of
the project in IPaC can add the agency representative to the project by using the Add
Member button on the project home page.)
2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to
ensure that they are accurate.
3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to
a concurrence letter. Download the concurrence letter for your files if needed.
DKey Version Publish Date: 02/26/2024 2 of 12
Project code: 2024-0057486 IPaC Record Locator: 612-139549175 03/04/2024
You have indicated that you must remove a hazard tree in order to prevent imminent loss of
human life. Be advised that the Act's implementing regulations (50 CFR part 17) include a take
exemption pursuant to the defense of human life (for endangered species, see 50 CFR 17.21(c)
(2)): "any person may take endangered [or threatened] wildlife in defense of his own life or the
lives of others."). The regulations at 50 CFR 17.21(c)(4) require that any person taking,
including killing, listed wildlife in defense of human life under this exception must notify our
headquarters Office of Law Enforcement, at the address provided at 50 CFR 2.1(b), in writing,
within 5 days. In addition, section 11 of the Act enumerates the penalties and enforcement of the
Act. In regard to civil penalties, section 11(a)(3) of the Act states, "Notwithstanding any other
provision of this [Act], no civil penalty shall be imposed if it can be shown by a preponderance
of the evidence that the defendant committed an act based on a good faith belief that he was
acting to protect himself or herself, a member of his or her family, or any other individual from
bodily harm, from any endangered or threatened species" (16 U.S.C. 1540(a)(3)). Section 11(b)
(3) of the Act contains similar language in regard to criminal violations (see 16 U.S.C. 1540(b)
(3)). If you think incidental take of listed bats was reasonably certain to have occurred as a result
of your hazard tree removal, we advise you to contact the Office of Law Enforcement as outlined
above. In the future, we recommend planning ahead so that tree removal of potentially hazardous
trees does not become an emergency. If you determine an emergency exists, however, and human
life is in imminent danger, do not delay action. Also do not delay action if removal of the hazard
tree is part of a federal response to a situation involving an act of God, disaster, casualty, national
defense or security emergency, etc. - coordinate with the local USFWS field office as soon as
practicable after the emergency is under control.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2024-0057486 associated
with this Project.
DKey Version Publish Date: 02/26/2024 3 of 12
Project code: 2024-0057486 IPaC Record Locator: 612-139549175
03/04/2024
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
1000 Peterson Place, Wilmington, NC
2. Description
The following description was provided for the project'1000 Peterson Place, Wilmington, NC:
Single family dwelling with driveway, within existing residential subdivision.
Work to start within the next month, with tree removal being completed by April
2024.
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.26923845,-77.7909598369585,14z
4h
DKey Version Publish Date: 02/26/2024 4 of 12
Project code: 2024-0057486 IPaC Record Locator: 612-139549175 03/04/2024
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis
septentrionalis).
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Your project overlaps with an area where northern long-eared bats may be present year-
round. Time -of -year restrictions may not be appropriate for your project due to bats being
active all year.
Do you understand that your project may impact bats at any time during the year and time -
of -year restrictions may not apply to your project?
Yes
3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service
currently has data to support the presumption that the northern long-eared bat is present.
Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely
to be present in the action area?
Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data
on captures, roost tree use, and acoustic detections should post-date the year when white -
nose syndrome was detected in the relevant state. With this question, we are looking for
data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife
Service.
No
4. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
DKey Version Publish Date: 02/26/2024
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Project code: 2024-0057486 IPaC Record Locator: 612-139549175 03/04/2024
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
7. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
DKey Version Publish Date: 02/26/2024 6 of 12
Project code: 2024-0057486 IPaC Record Locator: 612-139549175 03/04/2024
10. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of anv activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-kM-
selected-definitions
No
11. Your project overlaps with an area where northern long-eared bats may be present year-
round.
Is suitable northern long-eared bat habitat present within 1000 feet of project activities?
Yes
12. Will the action cause effects to a bridge?
No
13. Will the action result in effects to a culvert or tunnel?
No
14. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
DKey Version Publish Date: 02/26/2024 7 of 12
Project code: 2024-0057486 IPaC Record Locator: 612-139549175 03/04/2024
15. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
16. Will the action directly or indirectly cause construction of one or more new roads that are
open to the public?
Note: The answer may be yes when a publicly accessible road either (1) is constructed as part of the proposed
action or (2) would not occur but for the proposed action (i.e., the road construction is facilitated by the proposed
action but is not an explicit component of the project).
No
17. Will the action include or cause any construction or other activity that is reasonably certain
to increase average daily traffic on one or more existing roads?
Note: For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of
the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding,
etc.). .
No
18. Will the action include or cause any construction or other activity that is reasonably certain
to increase the number of travel lanes on an existing thoroughfare?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
19. Will the proposed action involve the creation of a new water -borne contaminant source
(e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)?
No
20. Will the proposed action involve the creation of a new point source discharge from a
facility other than a water treatment plant or storm water system?
No
21. Will the action include drilling or blasting?
No
22. Will the action involve military training (e.g., smoke operations, obscurant operations,
exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)?
No
23. Will the proposed action involve the use of herbicide or other pesticides (e.g., fungicides,
insecticides, or rodenticides)?
No
DKey Version Publish Date: 02/26/2024
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Project code: 2024-0057486 IPaC Record Locator: 612-139549175 03/04/2024
24. Will the action include or cause activities that are reasonably certain to cause chronic
nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise
is noise that is continuous or occurs repeatedly again and again for a long time.
Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:
https://www. fws. gov/media/northem-long-eared-bat-assisted-determination-key-selected-definitions
No
25. Does the action include, or is it reasonably certain to cause, the use of artificial lighting
within 1000 feet of suitable northern long-eared bat roosting habitat?
Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at:
https://www. fws. gov/media/northem-long-eared-bat-assisted-determination-key-selected-definitions
No
26. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
Yes
27. Has a presence/probable absence summer bat survey targeting the northern long-eared bat
following the Service's Range -wide Indiana Bat and Northern Long -Eared Bat Survey
Guidelines been conducted within the project area? If unsure, answer "No."
No
28. Does the action include emergency cutting or trimming of hazard trees in order to remove
an imminent threat to human safety or property? See hazard tree note at the bottom of the
key for text that will be added to response letters
Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property
and has a diameter breast height of six inches or greater.
Yes
29. Are any of the trees proposed for cutting or other means of knocking down, bringing
down, topping, or trimming suitable for northern long-eared bat roosting (i.e., live trees
and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities)?
Yes
30. [Semantic] Does your project intersect a known sensitive area for the northern long-eared
bat?
Note: The map queried for this question contains proprietary information and cannot be displayed. If you need
additional information, please contact your state agency or USFWS field office
Automatically answered
No
DKey Version Publish Date: 02/26/2024 9 of 12
Project code: 2024-0057486 IPaC Record Locator: 612-139549175 03/04/2024
31. Your project overlaps with an area where northern long-eared bats may be present year-
round. To minimize or avoid impacts to the northern long-eared bat, all activities affecting
trees should not occur from December 15th to February 15th and April 15th to July 30th.
Will any project activites occur from December 15th to February 15th and/or April 15th to
July 30th.
No
32. Will the action cause trees to be cut, knocked down, or otherwise brought down across an
area greater than 1 acre?
No
33. Will the action result in the use of prescribed fire?
No
34. Will the action cause noises that are louder than ambient baseline noises within the action
area?
[M
DKey Version Publish Date: 02/26/2024 10 of 12
Project code: 2024-0057486 IPaC Record Locator: 612-139549175 03/04/2024
PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed - round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
0.80
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring
staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and-
staging-areas
0.80
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for
spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-
swarming-and-staging-areas
0
Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at
breast height, dbh) be cut, knocked, or brought down from any portion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre.
Yes
Enter the extent of the action area (in acres) from which all potential NLEB roost trees will
be removed. If all NLEB roost trees will be removed from multiple areas, entire the total
extent of those areas. Round up to the nearest tenth of an acre.
0.80
For the area from which all potential northern long-eared bat (NLEB) roost trees will be
removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed
to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are
removed will be developed or otherwise converted to non -forest for the foreseeable future.
0
Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which
all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought
down?
No
Will all project activities by completed by April 1, 2024?
No
DKey Version Publish Date: 02/26/2024 11 of 12
Project code: 2024-0057486 IPaC Record Locator: 612-139549175
03/04/2024
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Dana Lutheran
Address:
5315 South College Road
Address Line 2:
Suite E
City:
Wilmington
State:
NC
Zip:
28412
Email
dlutheran@segi.us
Phone:
9102281841
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Brad Shaver
Email: Brad.E.Shaver@usace.army.mil
Phone: 9102514611
DKey Version Publish Date: 02/26/2024 12 of 12
RCW SLOPES Manual — North Carolina
March 2022
Appendix A — Red -cockaded Woodpecker Consultation Area
s,.Ltil r
Wash In gton
.g,
Harri �, nhur�_
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CAROLINA
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I I Retl cockatled Woodpecker Section 7 Consultation Area
Northeastern Coastal Plain ah
Source: USFWS, 2020
11
RCW SLOPES Manual — North Carolina
March 2022
Appendix B — Red -cockaded Woodpecker Effects Determination Key
ORM2 No.:
USFWS Reference No. (if applicable)
20240304
Date 3/4/24
US Army Corps
of Engineers.
1) Is the action area' located within the RCW consultation area (see Appendix A and project -specific
results from a project -specific IPaC or internal USACE GIS review)?
a) Yes......................................................................................................................................................go to 2
b) No...................................................................................................................................................No effect2
2) Is the action area' located in the northeastern coastal plain (see Appendix A)?
a) Yes.......................................................................................................................................................go to 3
b) No (the project is located in piedmont, sandhills, or southeastern coastal plain)..................go to 4
3) Is the action area' 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 area' 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
b) No...................................................................................................................................................No effect2
5) Will any activity in the action area' 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 >_10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines >_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 answer to 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://saw-
reg.usace.army.mil/FO/PMList.pdf). 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
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RCW SLOPES Manual — North Carolina
March 2022
11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat
would remain for each RCW group post -project? For information on how to conduct an FHA', refer to
the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.'
a) Yes, the FHA' has been submitted to the USFWS for concurrence' 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 required'
c) No, an FHA' has not been conducted...............................................................Consultation required'
'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the 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-reg.usace.army.mil/FO/PMList.pdf.
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 likely to 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 complete for this species. For General 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.gov/rcwrecovery/files/RecoveryPlan/survey protocol.pdf)
-'Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the
contact list at http://saw-reg.usace.army.mil/FO/PMList.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 likely to adversely affect,"
or "likely to adversely affect" determination.
6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecovery/matrix.html) and for
determining foraging habitat availability (https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf).
'Follow link for additional information regarding determination for adequate amount of foraging habitat
(https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf).
8 FHA — When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence.
Additional Information
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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 likely to adversely
affect the RCW.
4. Remove vines and thick underbrush/mid-story to improve site suitability.
5. Provision starts and/or completed cavities in suitable large pines to provide additional housing
opportunities to an RCW cluster.
15
1000 Peterson Place PCN Attachments 5-1-24
SEGi
Attachment 9
New Hanover County Flood Plain Approval
New Hanover County
Building Safety
230 Government Center Drive, Suite 170
Wilmington, NC 28403
Phone: (910) 798-7308 Fax: (910) 798-7811
Permit #: FDP-24-000030
Permit Type: NHC Floodplain Development Permit
Issued Date: April 23, 2024
Project Address: 1000 PETERSON PL
WM, NC 28411
Owner:
Address:
Phone:
Scope of Work:
SQ Ft: 0
Set Back Front:
Set Back Rear:
Set Back Between Structure:
Parcel #: R04400-004-028-000
Occupancy Type:
Project:
Contractor -
Address:
Phone:
Project Details
Valuation: $0.00
Set Back Left:
Set Back Right:
Special Zoning Comments: AE 13 - Construction of driveway crossing over wetlands required for property access. No Zoing
final required.
Description: Construction of a driveway crossing
Name
Totals:
Permit Fees
Amount Paid Due
Special Notes and Comment:
Contractor hereby agrees to take full responsibility as required by law for compliance with all State and Local Codes and
Ordinances pertaining to construction and the conditions of this permit. All construction debris must be removed by the
contractor. The county will not pick up any construction debris. Please call 910-798-7308 for inspections. Inspections requested
by 3:30pm will be scheduled for the next business day. Inspections requested from 3:30pm to 5pm are scheduled for the day after
the next business day Monday through Friday. Any disagreement with a decision made by a Building Safety Official (i.e. field
inspector, or plan reviewer) may be brought before the Chief Building Inspector for review.
Notice
Page 1 of 2 230 Government Center Drive Suite: 170 Wilmington, NC 28403