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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 ���,���ll►►IREtt1I�r A44 Fw,�►��f. �CsAO%S' 4 �p►DES z �y PUBS- 01Fir IIFIll1i0 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. - •`� � T •ram � 4c [}�� led t �' �N_`, •- _ . fix. � ``"� . _ - ''.ma's w Approx. Wetland 0.78 ac `►' r _ two. DP-1 Wp - _4 DP-2 We k V 4- { *2 Cap 1 1 ' ' "w., �� - `, .top J. *ApprOXL Wetland J f. Property Line 0 Data Point t ' 1x. I 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 r / `,0 SO G R /� N 66 �1 / M100� 60' P`'g S�MENT / EIP LOT 10 `ro 3.1 1Ac. Q Q, s JR 1016 COVERED PA PG \ RSO E \ PR 'IED p8 ro �O \ 7HE ROCK CREEK \ o PORCH ooNN� P GN6 g \ \ \ GARAGE Og A56 \ DIST. EIP \ \ EIP \ \ A3f� A2 � Al lb \ EIP 30' R / 12' \ / PROPOSED WETLAND IMPACT \ PROPOSED 2 - X 29' 1507 SF PLASTIC CORRUGATED 14/ N/ \4/ WETLANDS FLAGGED �+ PIPE FOR CONNECTION q7 BY A10 SOUTHERN ENVIROMENTAL GROUP \ A11 A9 EIP SAW-2022-01089 \ERB Al2 \ Al A2� co 30• �15.0' SSO • �1 N LOT 9 B2 � � � �OQ.• QiLF' B3 `,(° RAFLE DB 6326 PG 1205 84 10' UTILITY EASEMENT LOT 1 / G� ERB BI DLE DB 61 7 PG 1791 \ X IN BOX WETLAND IMPACT PROPOSED 2 - 12" X 21' i ELEC. BOX \ PLASTIC CORRUGATED I i PROPOSED GRADE W/ 3:1 SLOPES PIPE FOR CONNECTION EXISTING GRADE Al A2 50' 25' 0 50' SCALE IN FEET \ 1 INCH = 50 FEET THIS MAP IS NOT FOR RECORDATION (HANOVER DESIGN SERVICES, P.A. CURVE I RADIUS I ARC LENGTH I CHORD LENGTH CHORD BEARING LAND SURVEYORS ENGINEERS & LAND PLANNERS 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 Attachment 5 NC SHPO HPOWEB2.0 Map 7.!General- _ac resource Q - - Ash r o; ry �R 4c as - .. WiRdsart rc Z g,qa \aGypae 'bo�ra "cr °'seer terra cry`°o, v,. Ogden a o. rr�r/ ok4 OCr 9eQ O G n Cf Qa FT SSA Qec 7 c cet ,eo o. Shore oo' ear yµ anngR `gyp c eye Aso `D C / f/'mod Or 49 C 4 C r e� �!r BrlghI Lea r qu ,4 O o �c � V a h o !J aY°BH S ens` gar 1°: Ae G Od4 ��a R O � a a j � Q 7 ems tee �llctte Pi OJ 4 S 9 0 I'.. 0 OO 1a NHD573 EYerelt-Pele— a` � `d 6t� m'° HrHrx d — Ggder, Aark Dr oa 3 • ➢ '-a % NFIC565 Mount AraratNK565j&nt Ararat o' �tav"� Rd AME Church 2020/j AINEhurds 2071 Orr °q mG NEW HANOVER<° ek ere or c` eD Pa O Sic s 09d-Patk NH3625 Ntruee o n _ .Dav-sDr a�o rtPkerv9 �n °rar suR p 3O c tF �Da v � D Parliamens ps a{ a�� a '4, eta a �� as t! °nQ eS d„ BV 4a e' yo $ ,� ICI a,ASord Ra S O5' 4 ara pn b Rd 4 3rdYWr toe 0 9 B J 0 rye p0 � y4 a 4ev °+e ,e y r �Ra rey4 A or v � C p pee` ee Trarlmark Rd 3 c! tt� I0O O She 4yjnyes Leo 2. por Cr, O\d4 g, �eW �v 1a9usrGr 3 ? ocro� rro �o`a a ` �Orta ��aaa o/•r- 1it''i a<do C A N /:-�! pd Haw+ Lon co 8o affn � O GfaYr A Harianda+cQ Q( YJI Y �rrncad cc a ti r°Y 1000 Peterson Place PCN Attachments 5-1-24 SEGi 4 0 0 4 0 _h F 0 Attachment 6 New Hanover County GIS Flood Map AjL 0 rt , !� • F � M1 � � } ,• � LF 4, 0 0 O 0 x 1000 Peterson Place PCN Attachments 5-1-24 SEGi 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 5of12 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 8of12 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�_ G harlesion 0 IV a18n e1 ' Fgres� 51.aunlali - G�•rfrge th'N von � '•:'1RGINIA Fa est �snvos Lynchburg tiRichmand Ro�nuke 9 G ii hB EP.L4FfL+ PUl`FAL ;} �Bi H.6 F-e Jetrer acn ack�urg Redbird R -' Naion Fore s[ - Norfolk D �'•: .. I n811'.t�d .� - 11 [ lilla Baa.:le � Kingsport IleAhan -'he r•Ycee Ache Surty Stokes d: ing ha Caswell pars on th a y; Warren �oFlerif p Nau c•n Jo tYLS on City Fare Weta ug yYikes:- nv ill t F�Irfax NaJk_ib[ rTorsylh Groan' �ro 9 k.r �..•.. r�' e�i;,, i III' G'.'. an ,.,[-'+q.��C ".i' ai r8lin i��• !nr •. A ell Ale nre anOe laze ntl Qavie Mesh: Addison _ Rala� retlell ids6n rr WtAa IJartin es hingt Tyrtek/1 Rand.h ChathaaT� - "r` 6u riFpm� f•.btl II Catawba Rowan "•il �r riFri.r w Wib on _ i � �. =~-� lglld U-1h ��� .bohnsfon eene • t �� CYH nderso utherkxtl beau `. Jadrso Pok lerelan Gaston 1� �+ nl+j Fiernet[ /"-^ lyeyne � F _ Chercx ': ioleoan T nsYMan "5 ' �%r,-�y It P, W. Lenoir pavan PaMi Clay Unirn Anson Ian � `rp'on ^'+'- - _n wille Quplin i cart a ::he[Eahcocheer tl .�tlt3o I NaI-d Korn sr Pe �laA.J k� �rngt— Alhens 93 r„�r Columbia .a Nv -_ Fore— sl I .,Atlanta SOUTH CAROLINA P Aug —tap \. Q OCpIM Francs .- pa�yl �, Maran F nal R, .t p NarIN T°rear Charleston A9econ', a Chariastnn 1pMt ple—ant 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 13 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 14 RCW SLOPES Manual — North Carolina March 2022 Appendix C —Conservation Recommendations These recommendations are optional and, if implemented, would support the agency's goals toward recovery. These recommendations are to be used at the discretion of the permittee, but any measures that avoid and minimize effects to the species are highly encouraged by the USFWS. 1. Minimize project impacts within clusters and foraging habitat whenever possible (i.e., conduct large pine removal outside of nesting season [April 1 to July 31], trim branches instead of complete tree removal, switch building plans to retain large pines). 2. The USFWS strongly recommends that occupied habitats be avoided and preserved. The first measure is to modify the project footprint to avoid direct impacts to RCW habitat. This habitat could be designated as an environmentally sensitive area and set aside by deed restriction, easement, or another protective covenant. If the occupied habitat on the property exceeds 5 acres (2 hectares), then a habitat management plan is also recommended. Incorporating these recommendations into the project design and documenting them in the habitat management plan might result in the project being not likely to adversely affect the RCW. 3. On -site habitat enhancements are recommended by the USFWS in situations where a project proposes to impact occupied RCW habitat. If the site has been physically altered by exotic species invasion, lack of fire, or other anthropogenic actions, these alterations have produced on -site habitat conditions that have resulted in marginally suitable habitats for RCW's survival and propagation. The planned action, through project redesign, has avoided impacting a substantial portion of the habitat; however, some habitat loss will still occur. The project proposes on -site habitat enhancements and management actions that provide habitat quality improvements that balance losses of small amounts of marginally suitable habitats. Incorporating these recommendations into the project and documenting them in a habitat management plan can result in the project being not 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