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HomeMy WebLinkAbout20180481 Ver 1_401 Application_20180418�X. ENVIRONMENTAL, INC. Environmental Consulting Services March 30, 2018 U.S. Army Corps of Engineers Washington Regulatory Field Office 2407 West 5th Street Washington, NC 27889 Re: Pre -Construction Notification 103 Poplar Branch Road Retaining Wall 103 Poplar Branch Road, Poplar Branch, NC Dear Sirs: COURTESY COPY, 20,80481 On behalf of our client, we respectfully submit the attached Pre -Construction Notification for the installation of a short retaining wall for subsidence protection of a concrete pool deck. The project proposes to permanently impact 700 square feet of Phragmites australis dominated wetlands. Should you have any questions or require additional information, please do not hesitate to contact me. Sincerely, Bay Environmental, Inc. Jim Cahoon Vice President CC:C DWQ, WBSCP Unit 1650 Mail Service Center Raliegh, NC 27699-1650 Brian T. Rowe, applicant Attachment: PCN and supporting information 648 Independence Parkway, Suite 100 • Chesapeake, Virginia 23320 Phone: 757-436-5900 9 Fax: 757-436-5909 O�O� � AT F9QG 1 1 11 — Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: NWP18 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑ 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit NX 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑x Yes ❑ No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: 103 Poplar Branch Road Pool Knee Wall 2b. County: Currituck 2c. Nearest municipality / town: Poplar Branch 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Brian T. Rowe 3b. Deed Book and Page No. 640/756 3c. Responsible Party (for LLC if applicable): n/a 3d. Street address: 803 Cypress Chapel Road 3e. City, state, zip: Suffolk, VA 23434 3f. Telephone no.: (757) 651-9144 3g. Fax no.: (757) 436-5909 3h. Email address: brian@weldenfieldva.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Brian Rowe (owner, contact info same as section 3 above) 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Jim Cahoon 5b. Business name (if applicable): Bay Environmental, Inc. 5c. Street address: 648 Independence Parkway, Suite 100 5d. City, state, zip: Chesapeake, VA 23320 5e. Telephone no.: (757) 436-5900 5f. Fax no.: (757) 436-5909 5g. Email address: jim@bay-environmental.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 10093000024AOOOO 1b. Site coordinates (in decimal degrees): Latitude: 36.2858 Longitude: -75.884 1c. Property size: 0.68 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Currituck Sound 2b. Water Quality Classification of nearest receiving water: SC 2c. River basin: Pasquotank 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: Site contains an existing house, pool, and sheds. Former pool deck was settling and cracking. Site is bordered by Phragmites dominated wetlands o south and west side of project location, Poplar Branch Road on the north, and by Currituck Sound on the east. 3b. List the total estimated acreage of all existing wetlands on the property: 0.1 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0 3d. Explain the purpose of the proposed project: The purpose of the project is to reduce settling potential for new concrete pool deck as the former deck had settled and cracked. 3e. Describe the overall project in detail, including the type of equipment to be used: Applicant proposes to install 106 linear feet of retaining wall with backfill to protect pool deck and shed from settling. Project will permanently impact 700 square feet of Phragmites australis dominated wetlands around the existing pool on the north and west sides. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: agent delineated limits of wetlands 4b. If the Corps made the jurisdictional determination, what type of determination was made? PreliminaryFinal E] ❑ 4c. If yes, who delineated the jurisdictional areas? Name (if known): Jim Cahoon, VA PWD#3402000100 Agency/Consultant Company: Bay Environmental, Inc. Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes X❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Non -Tidal Freshwater Marsh No Corps 0.016 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.016 2h. Comments: Wetlands are Phragmites australis dominated nontidal wetland 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one S2 - Choose one S3 - Choose one - - S4 - Choose one - - S5 - Choose one - S6 - Choose one - 3h. Total stream and tributary impacts 0 3i. Comments: No stream impacts Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivii ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 0 4g. Comments: o open water impacts 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 61 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Ye No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: proposed project is landward of structures Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Southern section of retaining wall was deleted after site inspection avoiding an additional 300 square feet of wetland impact. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. sheet pile retaining wall will be driven in and not jetted 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? ❑ YesX❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: n/a 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑ No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑x No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: no increase in impervious area as project is a retaining wall 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Currituck County ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): []Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes ❑X No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes ❑X No 2c. If you answered "yes' to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ❑X No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. Project is only installing a short retaining wall with associated backfill over tie backs with extremely minimal impact (700 square feet). 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Raleigh 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? U.S. FWS iPac letter attached 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Project is landward of existing structures 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes X❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? National Register List attached 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑X Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: erosion control project 8c. What source(s) did you use to make the floodplain determination? FIRM map attached Jim Cahoon, Bay Environmental 3/29/2018 Applicant/Agent's Printed NameApplicant/Agent's Date Signature (Ag 's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. PLAN NO. STREET ADDRESS: 103 Poplar Branch Road Poplar Branch, NC 27965 Please print: Property Owner: Brian T. Rowe Property Owner: PARCEL ID: 0093000024A0000 The undersigned, registered property owners of the above noted property, do hereby authorize Jim Cahoon (Contractor / Agent) of Bay Environmental, Inc. (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): 803 Cypress Chapel Road , Suffolk, VA 23434 Telephone: (757) 651-9144 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature Authorized Signature Date: Date: SOURCE: USGS TOPOGRAPHICAL MAP, CURRITUCK SOUND, NC, 1:100,000, 1985 NOT TO SCALE DATE:3/29/2018 BAY #18-059-01 DRAWN BY: CIC NORTH VICINITY MAP 103 POPLAR BRANCH ROAD POPLAR BRANCH, NORTH CAROLINA ENVIRONMENTAL, Env ronmentaa Co^suittnq Services STATE OF NO- CAROLINA (STATE BOAT RAMP) S SEMON L PROPOSED RETAINING WALL TO STOP SETTLING AND CRACKING OF POOL DECK AND SETTLING OF POOL SHED. BULKHEAD SET ALONG PROPERTY LINE TO ALLOW ENOUGH CLEARANCE FOR INSTALLATION OF TIE BACKS AND DEADMEN. TOTAL OF 106 LINEAR FEET OF RETAINING WALL PROPOSED WITH BACKFILL OF 700 SQUARE FEET OF PRIMARILY PHRAGMITES AUSTRALIS DOMINATED WETLAND. BAY # 18-059-01 DRAWN BY: CJC DATE: 3/1/2018 SCALE: APPR 1"=50' PROPOSED RETAINING WALL PLAN ROWE PROPERTY 103 POPLAR BRANCH ROAD POPLAR BRANCH, NORTH CAROLINA Environmental Consulting Services P. 0. Box 2666 Chesapeake, VA 23327 &, HODGES & HODGE ENTERPRISES 3623 Shipwright Street Portsmouth VA, 23703 Phooe:757-494.0309 2"x12" Timber Cap Two 2N8" Wales Front and Bads Bridge Block 314"x10' Tie Rod CL -9000 Vinyl Sheet Pile 8" x 8' Anchor Pile Three 2"x8" Drag Boards —� PROJECTRoplar Branch DETAIL: Vinyl Bulkhead Detail DATE: January 17, 2018 SCALE: 1/2" = 1'- 0" NOTES: 36° 1713" N 36° 179"N 3 Soil Map—Currituck County, North Carolina 3 420570 420580 420590 420600 420610 420820 3 Map Scale: 1:582 if printed on A portrait (8.5" x 11") sheet. Meters N 0 5 10 20 30 A Feet 0 25 50 100 150 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 18N WGS84 LisDA Natural Resources Web Soil Survey diiiiiiiiiiiiiii Conservation Service National Cooperative Soil Survey 420630 4205-40 36° 17 13" N 0 co 8 co 8 36° 17 9" N 420650 3 3/29/2018 Page 1 of 3 MAP LEGEND Area of Interest (AOI) F7 Area of Interest (AOI) Soils Soil Map Unit Polygons . r Soil Map Unit Lines 0 Soil Map Unit Points Special Point Features Blowout Borrow Pit X Clay Spot Very Stony Spot Closed Depression Warning: Soil Map may not be valid at this scale. Gravel Pit Wet Spot Gravelly Spot 0 Landfill Lava Flow misunderstanding of the detail of mapping and accuracy of soil Marsh or swamp c Mine or Quarry is Miscellaneous Water 0 Perennial Water V Rock Outcrop + Saline Spot scale. Sandy Spot Severely Eroded Spot Sinkhole Please rely on the bar scale on each map sheet for map Slide or Slip 0o Sodic Spot Soil Map—Currituck County, North Carolina MAP INFORMATION The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 3/29/2018 Conservation Service National Cooperative Soil Survey Page 2 of 3 Spoil Area The soil surveys that comprise your AOI were mapped at 1:20,000. Stony Spot Very Stony Spot Warning: Soil Map may not be valid at this scale. c Wet Spot Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil p Other line placement. The maps do not show the small areas of Special Line Features contrasting soils that could have been shown at a more detailed scale. Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation �-w ► Rails Source of Map: Natural Resources Conservation Service Web Soil Survey URL: .v Interstate Highways Coordinate System: Web Mercator (EPSG:3857) US Routes Maps from the Web Soil Survey are based on the Web Mercator Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. Background ® Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Currituck County, North Carolina Survey Area Data: Version 16, Sep 26, 2017 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Dec 31, 2009—Feb 23, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 3/29/2018 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Currituck County, North Carolina Map Unit Legend USDA Natural Resources Web Soil Survey 3/29/2018 Conservation Service National Cooperative Soil Survey Page 3 of 3 t--MIPUnit Symbol Map Unit Name Acres in AOI Percent of AOI NeC Newhan fine sand, 0 to 10 0.7 87.5% percent slopes Pt Portsmouth fine sandy loam 0.1 12.5% Totals for Area of Interest 0.8 100.00/0 USDA Natural Resources Web Soil Survey 3/29/2018 Conservation Service National Cooperative Soil Survey Page 3 of 3 Pope Air Force Base Historic District (Pope Air Force Base ) 1/25/1991 http://www.hpo.ncdcr.gov/nr/CD0193.pdf Prince Charles Hotel (Fayetteville ) 7/7/1983 http://www.hpo.ncdcr.gov/nr/CD0194.pdf Saint John's Episcopal Church (Fayetteville ) 9/6/1974 http://www.hpo.ncdcr.gov/nr/CD0011.pdf Sedberry-Holmes House (Fayetteville) 9/2/1975 http://www.hpo.ncdcr.gov/nr/CD0010.pdf Seventy -First Consolidated School (Fayetteville ) 12/23/2004 http://www.hpo.ncdcr.gov/nr/CD0519.pdf Dr. Ezekiel Ezra Smith House (Fayetteville ) 5/13/2015 http://www.hpo.ncdcr.gov/nr/CD1379.pdf St. Joseph's Episcopal Church (Fayetteville) 6/1/1982 http://www.hpo.ncdcr.gov/nr/CD0017.pdf Frank H. Stedman House (Fayetteville ) 9/14/2002 http://www.hpo.ncdcr.gov/nr/CD0107.pdf Robert Strange Country House (Fayetteville ) 7/7/1983 http://www.hpo.ncdcr.gov/nr/CD0195.pdf Taylor -Utley House (Fayetteville) 7/7/1983 http://www.hpo.ncdcr.gov/nr/CD0196.pdf (former) United States Post Office (Fayetteville ) 7/7/1983 http://www.hpo.ncdcr.gov/nr/CD0197.pdf Dr. William C. Verdery House (Fayetteville ) 9/5/2007 http://www.hpo.ncdcr.gov/nr/CD0877.pdf Veterans Administration Hospital (Fayetteville ) 9/19/2012 (former) Waddill's Store (Fayetteville ) 7/7/1983 http://www.hpo.ncdcr.gov/nr/CD0198.pdf Westlawn (Gone) (Fayetteville) 9/22/1980 http://www.hpo.ncdcr.gov/nr/CD0016.pdf Robert Williams House (Eastover vicinity) 7/21/1983 http://www.hpo.ncdcr.gov/nr/CD0144.pdf Currituck County Baum Site 31CK9 (Archaeology) (Poplar Branch ) 12/8/1982 Coinjock Colored School (original location) (Coinjock vicinity) 1/9/2013 http://www.hpo.ncdcr.gov/nr/CK0165.pdf Culong (Shawboro vicinity) 2/1/1980 http://www.hpo.ncdcr.gov/nr/CK0006.pdf Currituck Beach Lighthouse (Corolla ) 10/15/1973 http://www.hpo.ncdcr.gov/nr/CK000l.pdf Currituck Beach Lighthouse Complex Boundary Expansion (Corolla ) 1/14/2000 http://www.hpo.ncdcr.gov/nr/CK0106.pdf Currituck County Courthouse and Jail (Currituck ) 5/9/1980 http://www.hpo.ncdcr.gov/nr/CK0096.pdf Currituck Shooting Club (Gone) (Corolla vicinity) 5/28/1980 http://www.hpo.ncdcr.gov/nr/CK0009.pdf Flyway Club (Knotts Island ) 5/12/2015 http://www.hpo.ncdcr.gov/nr/CK0300.pdf Grandy School (Grandy ) 9/25/1998 http://www.hpo.ncdcr.gov/nr/CK0040.pdf Jarvisburg Colored School (Jarvisburg vicinity) 12/11/2009 http://www.hpo.ncdcr.gov/nr/CK0055.pdf Shaw House (Shawboro) 4/17/1980 http://www.hpo.ncdcr.gov/nr/CK0008.pdf Twin Houses (Shawboro) 4/13/1972 http://www.hpo.ncdcr.gov/nr/CK0003.pdf Whalehead Club (Corolla) 4/16/1980 http://www.hpo.ncdcr.gov/nr/CK0005.pdf Dare County Ellsworth and Lovie Ballance House (Hatteras ) 5/25/2001 http://www.hpo.ncdcr.gov/nr/DR0186.pdf A1RN'P � L�11�so1'1 tm r- [ United States Department of the Interior a ' FISH AND WILDLIFE SERVICE .• Raleigh Ecological Services Field Office ae"''' Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919)856-4520 Fax: (919)856-4556 In Reply Refer To: Consultation Code: 04EN2000-2018-SLI-0540 Event Code: 04EN2000-2018-E-01148 Project Name: 103 Poplar Branch Road Retaining Wall V.P. FISH L W IIAXAM ,a." March 29, 2018 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The species list generated pursuant to the information you provided identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 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 ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. Section 7 of the Act requires that all federal agencies (or their designated non-federal representative), in consultation with the Service, insure that any action federally authorized, funded, or carried out by such agencies is not likely to jeopardize the continued existence of any federally -listed endangered or threatened species. A biological assessment or evaluation may be prepared to fulfill that requirement and in determining whether additional consultation with the Service is necessary. In addition to the federally -protected species list, information on the species' life histories and habitats and information on completing a biological assessment or 03/29/2018 Event Code: 04EN2000-2018-E-01148 evaluation and can be found on our web page at http://www.fws.gov/raleigh. Please check the web site often for updated information or changes If your project contains suitable habitat for any of the federally -listed species known to be present within the county where your project occurs, the proposed action has the potential to adversely affect those species. As such, we recommend that surveys be conducted to determine the species' presence or absence within the project area. The use of North Carolina Natural Heritage program data should not be substituted for actual field surveys. If you determine that the proposed action may affect (i.e., likely to adversely affect or not likely to adversely affect) a federally -protected species, you should notify this office with your determination, the results of your surveys, survey methodologies, and an analysis of the effects of the action on listed species, including consideration of direct, indirect, and cumulative effects, before conducting any activities that might affect the species. If you determine that the proposed action will have no effect (i.e., no beneficial or adverse, direct or indirect effect) on federally listed species, then you are not required to contact our office for concurrence (unless an Environmental Impact Statement is prepared). However, you should maintain a complete record of the assessment, including steps leading to your determination of effect, the qualified personnel conducting the assessment, habitat conditions, site photographs, and any other related articles. Please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require development of an eagle conservation plan (http://www.fws.gov/windenergy/ eagle_guidance.html). Additionally, wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm; http:// www.towerkill.com; and htip://www.fws. o� rg atoEybirds/CurrentBirdlssues/Hazards/towers/ comtow.html. Not all Threatened and Endangered Species that occur in North Carolina are subject to section 7 consultation with the U.S Fish and Wildlife Service. Atlantic and shortnose sturgeon, sea turtles,when in the water, and certain marine mammals are under purview of the National Marine Fisheries Service. If your project occurs in marine, estuarine, or coastal river systems you should also contact the National Marine Fisheries Service, http://www.mnfs.noaa.gov/ We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. If you have any questions or comments, please contact John Ellis of this office at john_ellis@fws.gov. 03/29/2018 Event Code: 04EN2000-2018-E-01148 Attachment(s): • Official Species List 03/29/2018 Event Code: 04EN2000-2018-E-01148 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 Post Office Box 33726 Raleigh, NC 27636-3726 (919) 856-4520 03/29/2018 Event Code: 04EN2000-2018-E-01148 2 Project Summary Consultation Code: 04EN2000-2018-SLI-0540 Event Code: 04EN2000-2018-E-01148 Project Name: 103 Poplar Branch Road Retaining Wall Project Type: FILL Project Description: Project proposes installation of 106 linear feet of retaining wall landward of existing swimming pool in Phragmites australis dominated wetlands. 700 square feet of fill of wetlands is proposed with the backfill and installation of this retaining wall. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/36.286344970071255N75.8841436820288W Counties: Currituck, NC 03/29/2018 Event Code: 04EN2000-2018-E-01148 Endangered Species Act Species There is a total of 11 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 Fisheriesl, 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 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 Indiana Bat Myotis sodalis Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https:Hecos.fws. o@ v/ecp/sl2ecies/5949 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.eov/ec}L/species/9045 West Indian Manatee Trichechus manatus Threatened There is rural critical habitat for this species. Your location is outside the critical habitat. This species is also protected by the Marine Mammal Protection Act, and may have additional consultation requirements. Species profile: https://ecos.fws. o� v/ecp/species/4469 03/29/2018 Event Code: 04EN2000-2018-E-01148 4 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 is outside the critical habitat. Species profile: httl2s:Hecos.fws.2ov/ecp/species/6039 Red Knot Calidris canutus Tufa Threatened No critical habitat has been designated for this species. Species profile: http_s:Hecos.fws.2ov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.2ov/ecp/species/7614 Reptiles STATUS Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS No critical habitat has been designated for this species. Species profile: https://ecos.fws.2ov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. The location of the critical habitat is not available. Species profile: htti2s:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: htt2s: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 is outside the critical habitat. Species profile: https://ecos.fws. o� v/ecp/species/1110 Flowering Plants NAME STATUS Seabeach Amaranth Amaranthus pumilus Threatened No critical habitat has been designated for this species. Species profile: htU2s://ecos.fws.gov/ecl2/sl2ecies/8549 v/ecp/sl2ecies/8549 03/29/2018 Event Code: 04EN2000-2018-E-01148 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION.