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HomeMy WebLinkAbout20240449 Ver 1_More Info Received_20240410SOUTHERN ENVIRONMENTAL GROUP Cedar Hill Landing Daniels Rd, Navassa, Brunswick Co. Pre -Construction Notification Attachments Applicant. DR Horton 6752 Parker Farm Dr. Suite 210 Wilmington, NC 28405 CMTeuben@drhorton.com Consultant: Southern Environmental Group, Inc. 5315 South College Road, Suite E Wilmington, NC 28412 (910)228-1841 Meganksegi.us Date: 3/15/24 Appendix A: Parcel Information & Agent Authorization..................................................... 3 Appendix B: Surface Water and DWR Classification........................................................ 6 Appendix C: Previously Issued Permits........................................................................ 10 AppendixD: Site Plans................................................................................................ 10 Appendix E: Jurisdictional Determination..................................................................... 12 Appendix F: Stormwater Management Permit............................................................... 24 Appendix G: NLEB Consistency Letter.......................................................................... 24 AppendixH: Species List............................................................................................. 32 Appendix I: RCW SLOPES Form................................................................................... 46 AppendixJ: Sewage Permit.......................................................................................... 52 Appendix K: NOAA Fisheries Essential Fish Habitat Report ............................................ 53 Appendix L: NC Historic/Cultural Resources - SHPO HPOWEB2.0 Map .......................... 54 Appendix M: Flood Zone Information - FRIS NC Flood Map ............................................. 55 Appendix A: Parcel Information & Agent Authorization Legal Description TR-REMAINDER495,26 AC PL-145125-25 SR Owner Information Owner Name, INDIAN CREEK WEST LLC Mailing Addre-ss: C/O MACCURRY STEVE PO BOX Sob Appendix B: Surface Water and DWR Classification Phoenix Surface Water Classifications QZoom to e' Stream Index: 18-71 Stream Name. India oescriptlo�: Fram River Classification: C;S. Date of Cl—.- Marc What does this class. Vlew v daniels rd, navassa X 0, a® Surface Water Classifications: F X o Stream Index: 18-70 9 eq Stream Name: Indian Creek ek Description: From source to Cape etaCPeFear Fear River Classification: C;Sw vsa Date of Class.: March 31, 1959 What does this Class. View mean? River Basin: Cape Fear 00 00 Indian Creek -Cape Fear River F x + Zoom to Subwatershed (12) Indian Creek -Cape Fear River HOC 12 030300D505CI Watershed (10) Brunswick River -Cape Fear River HUC 10 0303000505 w C Fl o- 2os3 a •— 3 M 86 a n Cr QFk.. �kLO }f5- Cedar HIII Rd NE Phnaniv Appendix C: Previously Issued Permits Appendix D: Site Plans V Q VETLANP IMPACT#2 =1'=5 E UPLAND PROPOSED I LJ4 I ng+ B" WATER MAIN I1+ PROPOSED N CONTOURS 1 j WETLAND f fN f UPLAND PROPOSED 6" GRAVITY SEWER cn 2 PROPOSED 90 LF 36" HOPE ® 0.51 R 1 k�74 / I ExP TO E ]` I1 CMP TO DE / REPLACED BY 36" HDPE (X2) 22' OP EX15TSNG DIRT ROAD TO BE 26' 0C REMOVED 11 UPLAN[ PROPOSED IMPACT AREA F WETLAN t UPLAND Appendix E: Jurisdictional Determination U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2008-02758 Count' Brunswick County U.S.G.S. Quad: Leland NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Mulberry Land Company LLC Steve MacCurry Address: PO Box 306 Carolina Beach. NC. 29428 Telephone Namher: (910)733-1907 E-mail Address: stevemaccurry(a)amail'com Size (acres) 547.77 acres Nearest Town Navassa, NC Nearest Waterway Indian Creek River Basin Cape Fear USGS HUC 03030005 Coordinates Latitude, 34.306828 Longitude:--7..8.051139 Location description: This nroieet is located at the intersection of Daniels Road NF. and Mount Misery Road NE In Leland. Brunswick County. -11C. (Parcel ID's: 01700053 & 228000635454). Indicate Which of the Following Apply: A. Prelindmry Determination _ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination maybe used m the permit evaluation process, including determining compensatory mitigation_ Far purposes of computation of impacts, compensatorymitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will neat 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, your may request an approved JD, which ism appealable action, by contacting the Corps district for further instruction_ There are wetlands on the above described 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 CWAIRHA jurisdiction overall 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 of the U.S. on your property delineated. As the Corps may notbe 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 Slates within the above described 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. Page I of 2 SAW-200 PZ'na X There are waters of the U.K, including wetlands, on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination to ny be relied upon for a period not to exceed live veers from the date of this notitication. _ We recommend you have the waters of the U.S. on yourproperty delineated. As the Carps 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 he verified by the Corps. _ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide am accurate depiction of all areas subject to CWAjunsdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a periodnot to exceed five years, _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344)_ Unleas there is a change in the law crew published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMM, You should contact Ihu: Division of Coastal Management in Wilmington, IBC to determine their reuuirements. 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 andlor 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this detarn ination and/or the Corps regulatory program, please contact Gary Beecher at (9101251-4694 or Gaiv.lLBeecher(a�usace.armv.miL C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and Coastal Regional Sunnlement. D. Remarks: A site visit was conducted by John Policarno (USACE) on December 16, 2015. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional stews of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Secrrrity Act of 1985, as amended_ If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section R 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. Shannon Administrative Appeal Review Officer saw-3oo6-oMes 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PM L IP A. S R ANNINfd MACE. ARMY, MIL In order for an RFA to be accepted by the Corps, the Corps most 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 anRFA form, it most be received at the above address by September 19, 2021. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Gary H. Beecher'D�9t.;2 1,07,dbyUa,,M-04 O Corps Regulatory Dfficiai. bete; 2Q71.07,r9119:37;26 -0a'on' Date: July 19, 2021 Expiration Date of ID: July 19, 2026 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://Comstnayu.usace.army.mil/em apexlf9p=136:4:0. Copy Furnished: NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND liF' .VEST FOR APPEAL Applic.ait: Mulberm Land Cumpanv LLC File Number: S.AW-2008-02758 Date: July 19, 2021 Sieve Maccurry Attached is: See Section below INITIAL PROFFERED PERMIT Standard Permit or Letter of'permission) A PROFFERED PERMIT Standard Permit or Letter of ermission B PERM T DENIAL C. APPROVED JURISDICTIONAI. DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identities your rights and options regarding an administrative appeal of the above decision Additional information may be Found at httvJ/wwwor Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may acceptor 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 approvedjurisdictional determinations associated with the permit OBJECT: If you object to the perm it (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 farm and return the farm 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 (e) not modify the permit having determ fined 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 retum 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 approvedjurisdictional 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 Carps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineor. This form must be receivedby 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 ofthe date ofthis notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved ID or provide new information. s 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 apprnved M, you may appeal the approved ID under the Carps of Fngineers Administrative Appeal Process by completing Section IT 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- 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 maybe 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. Neitherthe 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 iti the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: if you have questions regarding this decision andlor the If you only have questions regarding the appeal process you may appeal process you may contact also contact District Engineer, Wilmington Regulatory Division, US Army Corps of Engineers Attn: Gary Beecher South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-tiM PIHI TP.A.SHANNIN(&IJSACF_ARMY.MIT. 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 da, notice of any site investigation,and will have the opportunity to participate in all site investiations, Date; Telephone number: Signature of a ellant or a ent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Gary Beecher, 69 DarlingWn Avenue, Wilmington, (North Carolina 26403 For Permit denials, Pro lfered 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 1OM15, Atlanta, Georgia 30303-880I Phone: (404) 562-5137, PTDISP.A.SH,i VNMN(&,USACF.ARNiY.NHL 0410 % Map Source: Brunswick County Online GIS NJW853a City SCALE 1" 2000' MulberryLand Company, LLC Needham Environmental, Inc. envi—mental Consoltaet: Site Location Tax Parcel ID# 01700053 wumhgtoR NC Navassa, NC January 2016 B'OE'x ..' Map Source: US Fish & Wildlife Service 1" -- 4000' MulberryLand Company, LLC Needham Environmental, Inc. F—Iro r-e lConsultao USGS Leland (NC) Quad Tax Parcel ID# 01700053 Wilmington, NC Navassa, NC January 2fl16 oi,w,scoe P�x,o..m t� I 1 / r •ir=z� ' ' r ll� low \ 77, F _ __" I •-:, . _ it _ \\�\�• +} �1 ICI `lkg�:l� IJd; -_-� 4i� i��Y,i�_ � ,��-. n. FE �a �� rrc�rrcrcl 7�f CLAHK o 'r�dr�mr uc we�,e.,a �,�llo ! c Aeon. lN: xe.�e N'E ILANO DEL IIGMW®i-�-res mmvms Appendix F: Stormwater Management Permit Appendix G: NLEB Consistency Letter United States Department of the Interior a FISH AND WILDLIFE SERVICE "!-'��•'a�0 Raleigh Ecological Services Field Office N16 Sunset Ridge Rd Raleigh, NC 27607 Phone(919) 856-4520 Fax (919) 356-4556 In Reply Refer To: 04/10/202413:12:20 UTC Project code: 2024-0074958 Project Name: Cedar Hill Landing Federal Nexus: no Federal Action Agency (it applicable): Subject: Technical assistance for 'Cedar Hill Landing' Dear Megan Dean: 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 April 10, 2C24, for 'Cedar Hill Landing' (here forward, Project). This project has been assigned Project Code 2C24-0074958 and all future correspondence should clearly reference thls number. Please carefullyreview this letter. Your Endangered species Act (Act) requirements.arenot 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 subm itted by the Project proponent into IPaC must accurately representthe full scope and details of the Project. Failure to accurately represent or implement the Project as detailed in IPaC orthe Northern Long-eared Bat Rangewide Determination Key (Dkey), invalidates this Ietter.Answers to certain questions in the DKey commit the project proponent to implementation of conservation measures that must he followed for the ESA determ fnaton 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 letterthat your [PaC-assisted determination was incorrect, this letter verifies that the Action 15 not likely to result in unauthorized take of the northern long-eared bat. Project code: 2024-0074958 IPaC Record Locator: 795-141497965 04110)202413:12:20 UTC Other Species and Critical Habitat that May be Present in the Action Area The 1PaC-assisted determination for the northern long-eared bat does not apply to the following ESA-pratected species and/or critical habitat that also may occur in your Action area: • American Alligator Alligator mississippiensis Similarity of Appearance (Threatened) • Cooley's Meadownte 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 Carerta caretta Threatened • Magnificent Ramshom Planorbella magnifica Endangered • Monarch Butterfly Danaus plexippus Candidate • Piping Plover Chamdrius melodus Threatened • Red -cockaded Woodpecker Picoides borealis Endangered • Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered • Rufa Red Knot Calidris canutus rufa Threatened • Tricolored Bat Perimyotis subfluvus Proposed Endangered You may coordinate with our Office to determine whether the Action may cause prohibited take of the animal species and/or critical habitat listed above. Note that if a new species is listed that may be affected by the identified action before it is complete, additional review is recommended to ensure compliance with the Endangered Species Act. Next Steps Coordination with the Service is complete. This letter serves as technical assistance. All conservation measures should be implemented as proposed. Thank you for considering federally listed species during your project planning. We are uncertain where the northern long-eared bat occurs on the landscape outside of known locations. Because of the steep declines in the species and vast amount of available and suitable forest habitat, the presence of suitable forest habitat alone is a far less reliable predictor of their presence. Based on the best available information, most suitable habitat is now expected to be unoccupied. During the interim period, while we are working on potential methods to address this uncertainty, we conclude take is not reasonably certain to occur in areas of suitable habitat where presence has not been documented. If no changes occur with the Project or there are no updates on listed species, no further consultation/coordination for this project is required for the northern long-eared bat. However, the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope, timing, duration, or location of the Project changes (includes any project changes or amendments); 2) new information reveals the Project may impact (positively or negatively) DKey Varslon Publish Date: 0V29=24 2 of a Project code: 2024-0074958 IPaC Record Locator: 795-141497965 04110)202413:12:20 UTC 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 2024-0074958 associated with this Project. DKey Verslon Publish Date: 03J29=24 3 of a Protect code: 2024-0074958 Mac Record Locator: 795-141497965 04110=2413:12:20 UTC Action Description You provided to IPaC the following name and description for the subject Action. 1. Name Cedar Hill Landing 2. Description The following description was provided for the project'Cedar Hill Landing': Above ground construction for residential property. The approximate location of the project can be viewed in Google Maps: bttosa/ www.gooele.com/ma sp!(734.30649765--78.05148767642895.14z DKey Verslon Publish Date: 03129f2024 4 of 8 Project code: 2024-0074958 Mac Record Locator: 795-141497965 041101202413:12:20 UTC DETERMINATION KEY RESULT Based on the answers provided, the proposed Action is consistent with a determination of "may affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis septentrionalis). QUALIFICATION INTERVIEW 1. Does the proposed project include, or is it reasonably certain to cause, intentional take of the northern long-eared bat or any other listed species? Note: Intentional take is defined as take that is the intended resuk of a project. Intentional take could refer to research, direct species management, surveys, andlorstudies that include intentional handlirVencauntering, 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 understated that your proj ect 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 powerfacilittes 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 Varslon Pubash Date: 03t29t2024 5 of a Protect code: 2024-0074958 IPaC Record Locator: 795-141497965 04110)202413:12:20 UTC S. Is the proposed action authorized, permitted, licensed, Funded, or being carried out by a Federal agency in whole or in part? No DKey Verslon Publish Date: 03J29=24 6 of a Protect code: 2024-0074958 IPaC Record Locator: 795-141497965 04110)202413:12:20 UTC PROJECT QUESTIONNAIRE DKey Verslon Publish Date: 0W29=24 7 of 8 Project code: 2024-0074958 IPaC Record Locator: 795-141497965 04110)202413:12:20 UTC IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Megan Dean Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email megan@segi.us Phone: 9102281841 DKey Verslon Publish Date: 03J29=24 9 of 8 Appendix H: Species List United States Department of the Interior FISH AND WILDLIFE SERVICE ggcn %•'0�� Raleigh F­kgi�l Se i­ Field Office M165unset Ridge Rd Raleigh, NC 27607 Phone: (919) 856-4520 Fax (919) 855-0556 In Reply Refer To: 04/10/202413:05:12 UTC Project Code: 2024-0074958 Project Name: Cedar Hill Landing 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 identities 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 he 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 erseq.). If your project area contains suitable habitatfor any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area.The use of this species Ilst and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to Contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should he verified after 90 days. This verification can he completed formally or informally as desired. The Service recommends that verification he Completed by visiting the IPaC website at regular intervals during project planning and Implementation for updates to species lists and information. An updated list may be requested through the IPaC system by completing the same process used to receive the enclosed Ilst. 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 erseq.), Federal agencies are required to utilize their authorities to carry out programs for the Conservation of threatened and endangered Project code: 2024-0074958 04110)202413:05:12 UTC species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12, If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: hgs:lfwww.f ws. g ovls ites/def aultff f les/documents/endangered-species-consultatio tt- handbook.pdf Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec, 668(a)). For more information regarding these Acts, see https:l/www.fws.gov/program/migratory-bird-permitlwhat- we-do. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of projeci-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,govllibrary/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 butte migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https:llviww.fws,gov/partner/council-conservation- migratory-birds. 2 of 13 Protect code: 2024-0074958 04110)202413:05:12 UTC We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Bald & Golden Eagles • Migratory Birds OFFICIAL SPECIES LIST Ibis list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Raleigh Ecological Services Field Office 3916 Sunset Ridge Rd Raleigh, NC 27607 (919) 856-4520 3 of 13 Protect code: 2024-0074958 0411012C2413:05:12 UTC PROJECT SUMMARY Project Code: 2024-0074958 Project Name: Cedar Hill Landing Project Type: New Constr - Above Ground Project Description: Above ground construction for residential property. Project Location: The approximate location of the project can be viewed in Google Maps: https:/l www.google.cam/mans/0 34.30649765,-78.05148767642895,14z Counties: Brunswick County, North Carolina 40113 Project code: 2024-0074958 0411012C2413:05:12 UTC 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. Note that 1 of these species should be considered only under certain conditions. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries) 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. 1. NOAA Fisheriesalso known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 50113 Project code: 2024-0074958 04110i202413:05:12 UTC MAMMALS NAME _ STATUS Northern Long-eared Bat Myods septentrionalis Endangered No critical habitat has been designated for this species. This species only needs to be considered under the following conditions: • This species only needs to he considered if the project includes wind turbine operations. Species profile: humsit/ecWlw�,gcrvlecplspecirsi5a45 Tricolored Bat Perimyotis subpavus Proposed No critical habitat has been designated for this species. Endangered Species profile: httos://ecos.fws.gcvlecplspecies/10515 BIRDS NAME STATUS Piping Plover Charadrius meiodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habiratfor this species. Your location does not overlap the critical habitat. Species profile: h[Svs:llecos.fws.eovlecn/soecies1603S Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: htms:/lecos.fwsgovlecWiperies/7614 Rufa Red Knot Calidris canutus ru(a Threatened Thera is proposed critical habitat for this species. Species profile: Us:llecos.fws.govleW/species11864 REPTILES NAME STATUS American AlligatorAiiigaror mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: httos:l/ecos.fws.Smiem/spodi 1776 {Threatened} Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is proposed critical habitat for this species. Your location does not overlap the critical habitaL Species profile: hrttps:l/ecas.fws.Sm/ecp/spodi /6199 Kemp's Ridley Sea Turtle Lepidochelys kempi[ Endangered There is proposed critical habitat for this species. Species profile: tlltns-llecw fws eovlecolsoecies15523 Leatherback Sea Turtle Dermochelys coriacen Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat, Species profile: hnos:llecoa.fwe.errvreryrzne icS/1493 60113 Project code: 2024-0074958 041101202413:05:12 UTC NAME STATUS Loggerhead Sea Turtle Carets caretta Threatened Population: Northwest Atlantic Ocean DPS There is final cridcal habitat for this species. Your location ties not overlap the critical habitat. Species profile: httpsi LeG.mj41 --gcy!_acPlspecieL/1 UQ SNAILS NAME STATUS Magnificent Ramshorn Planorbella magnifica Endangered There is final critical habitatfor this species. Your location does not overlap the critical habitat. Species profile: https:l/ecos.fws.cQv/ecpfspecie5irZ1l INSECTS NAME STATUS Monarch Butterfly Donaus plexippus Candidate No critical habitat bas been designated for this species. Species profile: htmsJ/ecas.fws,gnvleep(3peries5743 FLOWERING PLANTS NAME STATUS Cooley's Meadowtue Thafictrum cooleyi Endangered No critical habitathas been designated forthis species. Species Profile: hUps:Neccs.fws.gov/ecp1spedes/3281 Rough -leaved Loosestrife Lysimachia asperulae(olia Endangered No critical habitat has been designated for this species. Species profile: hMs://eem.fws.¢oy/ecp/species/z747 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IFYOUR PROJECT(5) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 70113 Project code: 2024-0074958 0411012C2413:05:12 UTC BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act' and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Infomnation on Migratory Birds and Eagles". 1. The Bald and Golden Eagle ProtectiouA" of 1940. 2, The Migratory Birds Treaty Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle [Vesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most Likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from eenaln types of developmentor acuvfties. httoa:llecos.fws.gov/ec4lspedes/ 1626 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concem are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Infomration on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (a) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bus; liberal estimate of the timeframe inside which the bird breeds across its entire range. 80113 Project code: 2024-0074958 04110=2413:05:12 UTC Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 101um grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. i probability of presence breeding season I survey effon — no dam 5PECIE5 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC E0dEagle Non -BCC V,"—ble Additional information can be found using the following links: • Eagle Management httixalwww.fws.gov/programJeagle-management • Measures for avoiding and minimizing impacts to birds httpsalwww.fws.govllibrar co llec do ns/avoid i ng-and-minimizing-incidental- take -migratory -birds • Nationwide conservation measures for birds https:l/www.fws.gov/5i(es/defaultifiles/ d ocumenWnationwide-standard-cons a rva tion-me asures. p_d f • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ mediarsupplemental-i of orrnation-migratory-birds-and-bald-and-golden-eagles-may-occur- prol ect-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats' should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 568(a) 90113 Project code: 2024-0074958 04110=2413:05:12 U7C For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Hahaeetus leticocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Actor for potential susceptibilities in offshore areas Lunn certain types of development or activities. hops:!/ecos.fws.gov/ecp1species1162ti Brown -headed Nuthatch Sirra pusilla Breeds Mar 1 to This is a Bird o1 Conservation Conocm (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA httos: //ecw.fws.e ov/ec4wecies/9427 Chimney Swift Chaetura pefagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. hires:/Iecas.iws.gavlec Y�speriesl9406 Lesser Yellowlegs Tringa flovipes Breeds This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere and Alaska. hlt ,Acos fws coy(tcpiwvdrF 7,4 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird o1 Conservation Concrm (BCC) throughout its range in the continental USA Jul 31 and Alaska. h[ms://ecm.fm.govie ppspeciesl9439 Red-headed Woodpecker Melanerpes erythrocephafus Breeds May 10 This is a Bird of Conservation Conrem (BCC) throughout its range in the continental USA to Sep 10 and Alaska. hums l/ecos.fws.govlecp gpecieo39H Swallow-tailed Kite Eianoides forficatus Breeds Mar 10 This is a Bird o1 Conservation Concern (BCC) throughtwt its rangc in the continental USA to Jun 30 and Alaska. https://ec�.fws.cov/ecdspeciesl8938 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area This information can he used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Infomration on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. 10013.3 Project code: 2024-0074958 0411012C2413:05:12 UTC Probability of Presence (M) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bus; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your pmject area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. ■ pmbability of presence breeding season I survey effaR — no data SPECIES JAN rEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC BaldEagle K--BCC-......._I —.14 — —4.-- ++-.— --4—---4..� Vulnerable Br -headed -_a _m- _1__ 11 11Al---- -- -1-Zlmcli H BCC-BCR Chi'—y 5wlt BCC Rengewide --++--1--r-- —4— ++4......--&1 --11 --- (mM Lesser Yellowlegs BCC Rangewtde (CON) pmtharuruy Warbler —4-4--4- --. 4-+..1 — — - - --�1 BCC Rangewide (CON) Red-headed RM-hnrker +F— 4-4-4-- ++ + --++--+ .-. —.---.-.--,-- - 1111 1 -1-- BCC Rengewlde (CON) Swallow -railed Kite _I+1 A+ --- _I- -- -+- BCC Rengewie -- (CON) Additional information can be found using the following links: • Eagle Management httos:/lwww.fws.goviprogramleagle-management 110113 Protect code: 2024-0074958 041101202413:05:12 UTC • Measures for avoiding and minimizing impacts to binds httns://www.fws.govAibraty/ collections/avo f di ng-and-m i ni m iz ing-incidental-take-migratory-birds • [Nationwide conservation measures for birds https://www.fws.govlsites/defauluflles/ documents/ nationwide-standard-conservation-measures.odf • Supplemental information for Migratory Birds and Eagles in IPaC httns:r!www.fws.gov/ medialsuMlemetttal-inf ormation-migratory-birds-and-bald-and-golden-eagles-may-occur- proiect-action 12 01 13 Protect code: 2024-0074958 IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Megan Dean Address: 5315 South College Road Address Line 2: Suite E City: Wilmington State: NC Zip: 28412 Email megan@segi.us Phone: 9102281841 04110)202413:05:12 UTC 13 of 13 Appendix I: RCW SLOPES Form RCW SLOPES Manual —North Carolina March 2022 c Ian�a o ens �w.� vneociana � ��--�� CEM 1pL „cr Macon�a x 5 a en . >_e. O CM1asleslon bMl Pleaant ua f %� Redto[k�M WooOpecKec Sec�lon]�nsutta�lon Ama ONorNeas�em Coa4al Plain on Source: USFWS, 2020 11 RCW SLOPES Manual - North Carolina March 2022 M eers, Appendix 0-Red cockaded Woodpecker Effects Determination Key ORM2 No.: Date 0411012024 USFWS Reference No. (if applicable): 2024-0074958 1) Is the action area' located within the RCW consultation area (see Appendix A and project -specific results from a pmjeR-specific IPaC or internal USACE GIS review)? a] Yes.....................................................................................................................................................go to 2 No...................................................................................................................................................No effect' 2) Is the action area' located in the northeastern coastal plain (see Appendix A)? a] Yes...................................................................................................................................... ................ goto3 © 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)7 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 tog b) No...................................................................................................................................................No effect' 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 z&inches dbhs(? Yes................................................................................................................... ........... ................go to 5 b} No- ................................................. .............................................................. ............................No effect' 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- ............................................... .............. ........................ - ........... - ............. ...................... NLW RCW SLOPES Manual —North Carolina March 2022 6) Is the action area' located in suitable RCW nesting habitat (in the sandhills and pledmont: pine or pine/hardwood stands that contain pines 60 years in age or older or 210 Inches dbh; In the southeastern coastal plain: pine or pine/hardwood stands that contain pines zg Inches dbh, Including but not limited to pine fiatwoods, pocosin, pine savannah, upland pine/hardwood)? a) Yes ........... ..... ........ ...................... ......._......._......._...._......._...._................_............._................_..goto9 b) No ............. _........................ ._._...... ........... .............. ._.............. ............. ._................................ ...... goto7 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 ....................................... ._........ ............ ............. ._........ ..... ............. ._.............. ........... ..... ...... NLAA' 8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action area. Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in the action area', or is the action area' within 200 feet of a cavity tree? If the answerto either of these questions is yes, choose Yes below. If unable to determine the location of a cavity tree with confidence, then contact the USFWS Raleigh Field Office. a) Yes........... .............. ..... ........ ..........--.................................. .,...,................... ... .......... ............... go W 9 b) No ........... ........... ..... ........ .... ................................ ,................ ................. .............. ................. ...... NLAA' 9) Contact the appropriate USACE representative for a pre-applicatlon 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/FD/PMList.pdfl. 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 ofthe 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, a nd RCW cavity trees were observed.......................................go to 10 b) Yes, thesurveywassubmittedtotheUSFWSforconcurrence,andtheLISFWSconcurredwiththe results (no RCW cavity trees were observed) ............. _...... .......................... .............. _.......... .......NLAA' c) No, the USACE determined that a survey was not required and the USFWS concurred.............................................._...... _........ .... _........ ._..... ......._.......................................... N LAW 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., vla root compaction, soil compaction)? if yes to either or both then consultation is required. a) Yes............................................................................................................................Consultation requireds b) No ..... ..... ........... ..... ........ ....................... ... ......... ........... ..... ............. ................. ................. ... go to 11 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 FHA6, referto 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 habitatwould remain post-project.................................NtAA' b) Yes, and review of the FHA6 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 areasto be affected directly cr indirectiybythe Federal action andnot merelythefmmediate area involved In the action. Please contact the appropriate USACE representative for any questions as to the action areafor the Federal action. For a list of USACE representatives, please see the contact Rst at: htto:llsaw mg.usam.armv.mil/FO/PMUst.odf. 2No effect — the proposed project would result in no effect to this species and/or its federally designated critical habitat (If appRcablel. Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices Is not necessary for the project as described. 3N Wl— the proposed project may affect but Is not likely to adversely affectthis species and/or its designated critical habitat (if appik ablel. NI -AA determinations for projects made pursuantto this key require no further consultation with the USFWS Raleigh and AsheAlle Ecological Services field offices, therefore, consultation isconsidered mmpletefurthis species. Far General Permits, submittal aF a Pre-Canstruction Notification to the USACE will be required forall NLAA determinations. 'Follow link to USFWS RCW Recovery Plan, Appendix4 for additional information w nesting and foraging habitats, and survey protocol[httos,JJwwur.iws.govlrcwrerovervlfileslRecovervPlardsurvev ormocol.odfl sConsvItation required— Contact the USACE to begin this consultation process. Fora list of USACE representatives please see the contact list at hnpJlsaw-rex.usace.amw.miVFOIPMUsi.adi, Further consultation with the USEWS Raleigh and Asheville Ecological Services field offices is recessary to discern If the activity would result to a "no effect,' 'not likely to adversely affect," w "likely to adversely affect" determination. 6Fullow links for additional information on conducting and for deterndningfmaginghabRatawilabilitylhttos:llwww.fws.aovlrcmndhilisJrilestfha data collection ororedures.odFl. ?Fallow link for additional lnformat€on regarding determination for adequate amount of foraging habitat Ihttns:llwvnv.iws xwl cw ecaverv/fileslRecovervPlanln vale lands aufdelines.adFl. 3 FHA— When an FHA is conducted, the USACE must provide the FHAto USFw5 for review and concurrence. Additional Information 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 tabe used at the discretion of the permittee, but any measures that avoid and minimize effects to the species are highly encouraged by the USFWS. I. Minimize project impacts within clusters and foraging habitat whenever possible (i.e., conduct large pine removal outside of nesting season [April I to July 311, 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 12 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 bei ng 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 anthropogenlc 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 bal ante losses of small amounts of marginally suitable habitats. Incorporating these recommendations into the project and documenting them i n a habitat management plan can result in the project being not li kely 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. Appendix J: Sewage Permit Appendix K: NOAA Fisheries Essential Fish Habitat Report Appendix L: NC Historic/Cultural Resources - SHPO HPOWEB2.0 Map Dopwooa Rd NE n Sri NE tam` BWO425 Saagg—.51are z BM 24 St.M. Stare F House,IGone 177u w z K,prrywood� 4? c� 0� BRUNSWICK 5L A rbv Appendix M: Flood Zone Information - FRIS NC Flood Map VZ r" Mhl—1 Flood klsk Fleedle�: O Flood Sourw: Flood rtwdel is sw[avallaEk for Ihfsarea, Base FW Elevetrm: N!A less . 10Year Fi—Elevati. WA 25 Yeer Flood ElevaU.. NlA 50Year Flood Elevation N/A IW Yeer Flood R—H- WA 10 Yeer Future ftl— WA 5WWY Flood FJeva - WA County. U—kk 901it�.IA— T-01 Ndre55} O0: $70593