20220802 Ver 1_ePCN Application_20220610

Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
0 No
Is this project a public transportation project?*
OYes 0No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
4/28/2022
BIMS # Assigned*
20220802
Is a payment required for this project?*
O No payment required
O Fee received
Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
Version#*
What amout is owed?*
® $240.00
0 $570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
la. Name of project:
Calabash Retail Project
la. Who is the Primary Contact?*
Kim Williams - Davey Resource Group
lb. Primary Contact Email:*
lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
6/10/2022
Nearest Body of Water
Persimmon Swamp
Basin
Lumber
Water Classification
C; Sw
Site Coordinates
Latitude:
33.913046
A. Processing Information
Longitude:
-78.583821
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
0Yes ONo
Is this project a public transportation project?*
0Yes ONo

la. Type(s) of approval sought from the Corps:
EI Section 404 Permit (wetlands, streams and waters, Clean Water Act)
O Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
0 Yes
O No
1b. What type(s) of permit(s) do you wish to seek authorization?
E✓ Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
0Yes ®No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
EO 401 Water Quality Certification - Regular
0 Non-404 Jurisdictional General Permit
0 Individual 401 Water Quality Certification
39 - Commercial/Institutional Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
O Yes O No
O 401 Water Quality Certification - Express
0 Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
lh. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
O Yes O No
1j. Is the project located in a designated trout watershed?
Yes • No
B. Applicant Information
0 Unknown
0Yes ONo
OYes 0No
ld. Who is applying for the permit?
Owner ✓ Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
OYes 0No
2. Owner Information
2a. Name(s) on recorded deed:
Roy Trest
2b. Deed book and page no.:
2c. Contact Person:

2d. Address
Street Address
9640 Ocean Highway West
Address Line 2
City
Calabash
Postal / Zip Code
28467
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
David Bloom
3b. Business Name:
GFB Blue Springs Development, LLC
3c. Address
Street Address
249 Trout Farm Rd
Address Line 2
City
Rural Retreat
Postal / Zip Code
24368
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group
4c. Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
VA
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
1. Project Information
lb. Subdivision name:
(if appropriate)
1c. Nearest municipality / town:
Calabash
2. Project Identification

2a. Property Identification Number:
2250006301
2b. Property size:
38.3
2c. Project Address
Street Address
Ocean Highway West
Address Line 2
City
Calabash
Postal / Zip Code
28467
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Persimmon Swamp
3b. Water Resources Classification of nearest receiving water: *
C; Sw
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402060701
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The site is currently undeveloped. The northern western, and southern portions of the site are forested and support a mix of loblolly pine and water oak trees and a fairly dense shrub layer
of water oak, hickory, American holly, and red back. The remainder of the site is fields. Several ditches transect the site and a farm pond is located in the southern portion of the site.
Adjacent land use is residential to the north and west, and undeveloped and forested to the south. Hwy 17 is located to the east.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
0 Yes O No O Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.3
4g. List the total estimated linear feet of all existing streams on the property:
N/A
4h. Explain the purpose of the proposed project:*
The purpose of the project is to construct a commercial/retail development within the site to serve the shopping needs of the community. Wetland, ditch, and pond impacts are needed for
site access and general site development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project includes the construction of 239,650 sf of retail/commercial buildings, associated parking, utilities, accessways, and stormwater facilities.
Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading (including proposed ditch and wetland fill)
will occur as depicted on the site plan. On -site ditches to be filled do not carry water from off -site, so there are no rerouting concerns. Roadways and utilities will be installed. Then
home/building construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
0 No
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
0 Preliminary •> Approved O Not Verified 0 Unknown Ov N/A
Corps AID Number:
SAW-2009-1594; SAW-2022-00669
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Paul Farley
DRG
0 Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Note that the USACE issued a JD for the site in 2009 (SAW-2009-1594). DRG recently redelineated the site and submitted an updated JD request on March 16, 2022. This request was
assigned the Action ID# SAW-2022-00669.

6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
U
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
OO Wetlands O Streams -tributaries
CJ Open Waters O Pond Construction
2. Wetland Impacts
O Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
1
Road Crossing
P
Non-Riverine Swamp Forest
N/A
Yes
Both
0.020
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.020
2i. Comments:
4. Open Water Impacts
2g. Total Permanent Wetland Impact
0.020
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbodytype
4f. Impact area
1
Road
P
N/A
Fill
Ditch
0.13
2
Stormwater Pond
P
N/A
Excavation
Ditch
0.06
3
Site Development &
Stormwater
P
N/A
Fill
Ditch
0.02
4
Site Development
P
N/A
Fill
Pond
0.19
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.40
4h. Comments:
E. Impact Justification and Mitigation
4g. Total permanent open water impacts:
0.40
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts were avoided and minimized as much as possible. However, because ditches transect the site, they could not be avoided while still providing an
economically feasible project. Additionally, access off Marlowtown Road is needed. The only access from this road is through a narrow part of the site.
The road had to navigate between a canal and wetlands. Minor wetland impacts are needed here.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain stormwater and sedimentation and erosion control permits prior to development.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes O No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Wetland impacts are under 0.1 acre. All other impacts are to jurisdictional ditches or a manmade farm pond.

F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes • No
If no, explain why:
Site is located within the Lumber River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
0Yes ®No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
0 Yes • No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
O Yes No
0 N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
0 Local Government State
State Stormwater Programs
O Phase II
HWQ or ORW
Comments:
The project engineer is currently working on a stormwater plan for the project.
G. Supplementary Information
Coastal Counties
0 Other
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes • No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes • No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes • No
3b. If you answered "no," provide a short narrative description.
The project will not provide access or utilities to adjacent tracts. Additionally, no other impacts to jurisdictional features are anticipated. Stormwater and
erosion control permits will be obtained to ensure that sediment and pollutants don't enter downstream waters.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
• Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The project will tie into the municipal wastewater treatment system.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes • No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes • No
5d. Is another Federal agency involved?*
Yes • No Unknown

5e. Is this a DOT project located within Division's 1-8?
0 Yes ® No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
® Yes 0 No
5g. Does this project involve bridge maintenance or removal?
0 Yes ® No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
0 Yes ® No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
OYes (4)No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur on the site. The American alligator has been observed within a one mile radius of the site. The
USFWS IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require
coastal and/or marine habitat and would not be found within the site. Ditches on site are too small to provide suitable habitat for the alligator. Forested
uplands currently supports a canopy of pines and hardwoods with a fairly dense shrub layer. Therefore, it does not appear to provide suitable habitat for
the RCW. However, forested areas within the site may provide suitable roosting habitat for the northern long-eared bat. Since no hibernacula or
matemity roosting trees are known to occur in the area, any adverse effect from tree clearing would be exempt by the 4(d) rule. The site does not appear
to provide suitable habitat for any other species known to occur in the area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
0 Yes O No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
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 status?*
O Yes O No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources.
No cultural or historical resources were noted on the site. One surveyed structure (BW0516: c. 1930s trad/vern frame) is located just east of the site.
This does not appear to have a designated status. Also note that a cemetery exists on site. The cemetery will be avoided (see site plan).
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
O Yes • No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center Website
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Calabash Retail_Attachments.pdf 4.98MB
File must be PDF or KMZ
Comments
Signature
*
OO By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Kim Williams

Signature
Date
6/10/2022

DAVEY.
Resource Group
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
June 10, 2022
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Calabash Retail Project; Brunswick County, NC
NWP 39 Application
Action ID# SAW-2022-00669
To Whom It May Concern:
On behalf of GFB Blue Springs Development, LLC, Davey Resource Group is submitting a Pre -
Construction Notification form and associated attachments for the Calabash Retail Project located
off Hwy 17 and Marlowtown Road in Calabash, NC. The purpose of the project is to construct a
commercial/retail development within the site to serve the shopping needs of the community.
The project proposes to impact 0.02 acre of wetlands, 0.21 acre of jurisdictional ditches, and 0.19
acre of open water pond for access and general site development. Since wetland impacts are under
0.1 acre, no mitigation is proposed.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Ai
Kim Williams
Environmental Scientist
Encl.
www.Imgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

CALABASH RETAIL PROJECT
Brunswick County, NC
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
Figure 5. Preliminary Wetland Map
Figure 6. Site Plan Showing Proposed Impacts
3.0 PREVIOUS JURISDICTIONAL DETERMINATION
4.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List

1.0 AGENT AUTHORIZATION FORM

DAVEY .
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Davey Resource Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Calabash Retail (Trest Tract) project located in Brunswick County, NC. All questions
regarding this project should be directed to Davey Resource Group.
Sincerely,
-f=R 5-rtZdArr,s 0�•4 4-er T y T, 44c
Applicant
1.7/ L77)-i-1 /'k .1
D -i GU/ L31-,r) ,
Print Name
Cl/01
Date
www.davey.com•Phone:[phone] •Fax:[phone]
3805 Wrightsville Avenue,Suite 15•Wilmington,NC 28403

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
Figure 5. Preliminary Wetland Map
Figure 6. Site Plan Showing Proposed Impacts

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LAND MANAGEMENT GROUP Topographic
MapDate: October 27, 2021 a DAVEYny Map
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,-- —K______—____________)
m
Legend
GoA: Goldsboro fine sandy loam, 0 to 2 percent slopes :she 8 MW
• Gt: Grifton fine sandy loam
Ly: Lynchburg fine sandy loam, 0 to 2 percent slopes, Atlantic Coast Flatwoods
Mk: Muckalee loam
Ra: Rains fine sandy loam, 0 to 2 percent slopes, Atlantic Coast Flatwoods
W: Water
• `T 3 , Em,HIERI ,C� c`.:0 - bu ors
1.L:\WETLANDS\2021 WETLANDS FILES\LMG21.499 -- N 0 150 300 600
Hwy 17 Roy Trest Tract, Bloom
Boundaries are approximate and not meant to be absolute. A Feet
Map Source: GIS Soils Data Scale applies to 11X17" print.
Calabash Retail tLMG
Brunswick County, NC Figure 3
LAND MANAGPMI:NT GROUP
MapDate: September 2021 •l QAVEYle company Soils Map
p 3805 Wrightsville Avenue
LMG21 .499 Wilmington, NC 28403
[phone]

h • • . ., d.l. ?Er .: _Ora. „ ,
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L:\WETLANDS\2021 WETLANDS FILES\LMG21.499 --- N 0 100 200 400
Hwy 17 Roy Trest Tract, Bloom
Boundaries are approximate and not meant to be absolute. A Feet
Map Source: 2020 NC One Map Scale applies to 11 X17" print.
Calabash Retail tLMG
Brunswick County, NC
LAND MANAGEMFNTGROUP Figure 4
Ma Date: September 2021 a olmlEY company Current Aerial
P P 3805 Wrightsville Avenue
LMG21 .499 Wilmington, NC 28403
[phone]

NOTE: This is not a survey. All boundaries and distances are considered a 4: � lq -• •1 •••w •� ,•t,.•r -• ,
approximate. This represents a preliminary sketch prepared from field notes. -.a: -. k.
A survey of delineated areas and review and approval by the U.S. Army — '1
Corps of Engineers is recommended prior to specific site planning. /Ti -
, it*6:....4...i - • , si
�- ; j 1 -
Legend ; �_. -
.- '
j ..
-
Project Area —38.3 ac _ _ " i
�,. T2 „l�.
Uplands —37.7 ac (98%) , - w1 '
/ , not */
••• .*.-- 404 Wetlands -0.3 ac (1%) i O ' �" +
..11115...:011 ili 4
:,...
J ,_ . - ; .?
...
, e n
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i : t.�
t
....
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f f' T3
Non-Jurisdictional Ditches -3,170 If 4" i/
O Data Points ,'
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Hwy 17 Roy Trest Tract, Bloom\Maps Feet
Boundaries are approximate and not meant to be absolute.
Map Source: 2020 NC One Map Scale applies to 11 X17" print.
Calabash Retail (Trest Tract) ZLMG Figure 5
Brunswick County, NC Section 401/404 -
I.ANI)MANAGEMENT GROUP
MapDate: November 2, 2021 a F Yl company Preliminary Delineation
3805 Wrightsville Avenue
LMG21 .499 Wilmington, NC 28403 Sketch
[phone]

. .1
41 I
ACCESS ROAD TO MARLOTOWN-
U.S. WATERS W /
(NON-STREAM) (Typ.) U.S. ROAD.
WATERS ACCESS ROAD TYPICAL CROSS
(NON-STREAM) SECTION SHOWN BELOW
I I\ 1 PROJECT • - (Typ ) - _ - \\
- - - --------_,..„Ad � � � � � � � LIMITS (TYP.) - - - - _�AMMIMMEMMEMM � , ; / 4-�
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\\`` \\`` N. \\`` \\`` \� \\`` \\`` \\`` \\`` \\`` \`
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\ , \\`` :\``\ /
\11
0.132 ac _ - , \\\ ,♦� 0.02 ac
W \ \\\ \\� \\� , \\� \\� \ \\ - _ - \ \\\ \\\ \\\ \\\ \\\ \\\` \\` \\\` \\\` \\\` \\�` \\\` /��
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L \\\`�\\`` \"` k \\ Open Water 1 ��\\\\\�\�\\`\\�\\\\\\�\�\\\ �\\��\�\\\�`�\�\�\��\ 4,,` WETLANDS
\ \\\ .\\ \.\\ \\, .�\ \\, \\\\ \.`` \.\\ \\`` \.`` \ \\ /
�, \\�\\ Impact #3: _ `� 48 000 c \ '�, \ \�\`\`�`\��`�� `� `�\ `� /�
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\ \ \ \ N.
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m
WATER AREAXISTING MEDIAN
Tio w SITE DATA ir CROSSOVER •
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z ZONING - HIGHWAY COMMERCIAL (HC) � �
US WATER 2 0.062
SETBACKS: e,( 2
US WATER 3 0.023 FRONT- 50' �� OQ"
TOTAL US WATER 0. 21 70 �� SIDE - 10' (25' WHERE ABUTTING •
'CZ
RESIDENTIAL)
POND 1 0. 19 LANDSCAPE BUFFERS: •
91.143 (Street Yard)
WETLAND 1 0.02 7.5' Min.
91.144 -Commercial to Residential
TOTAL Type B1 - 15'
POND/WETLAND 0.21 Type B2 - 10'
ACCESS ROAD TO
U
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, ,
MARLOWTOWN ROAD
SECTION - NOT TO SCALE
N
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"' •
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as EXISTING GROUND EXISTING GROUND SCALE: 1"=100' (Horiz.)
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•
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a 36'
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t Figure 6. Site Plan Showing Proposed Jurisdictional Impacts
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3.0 PREVIOUS JURISDICTIONAL DETERMINATION

Action Id. SAW-2009-01594
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
County: Brunswick U.S.G.S. Quad: Calabash
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Applicant/Property Owner: Roy and Myrtle Trest Mr. Wes Fryar
Land Management Group, Inc.
Address: 9580 Ocean Highway 3805 Wrightsville Avenue, Suite 15
Calabash, NC 28467 Wilmington, NC 28403
Phone Number:
Property description:
Size (acres) 42.74 Nearest Town Carolina Shores
Nearest Waterway Persimmon Swamp River Basin Lumber
USGS HUC 03040206 Coordinates N 33.9124 W—78.5837
Location description: The property is located off of U.S. Highway 17, north of Calabash Road NW, south of Marlowtown
Road NW, in Carolina Shores, Brunswick County, North Carolina.
Indicate Which of the Following Apply:
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are wetlands on the above described property subject to the permit requirements of Section 404 of the Clean
Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for aperiod not to exceed five years from the date of this notification.
We strongly suggest you have the waters of the U.S. on your property delineated. Due to the size of your property and/or
our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more
timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the
Corps.
The wetland on your property 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 an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps
Regulatory Official identified below on November 12, 2009. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management
Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC at [phone] to
determine their requirements.
Page 1 of 2

Action ID: 2009-01594
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Ronnie Smith at [phone]
Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual
and is adjacent to Persimmon Swamp, a tributary of Single Tree Swamp, a tributary of Caw Caw Swamp, a tributary
of the Waccamaw River, which is a navigable water of the United States.
Remarks: This determination is based on information provided by Land Management Group, Inc. and a site visit
conducted by Ronnie Smith of the U.S. Army Corps of Engineers on September 23, 2009.
Appeals Information (This information applies only to approved jurisdictional determinations as indicated above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office
69 Darlington Ave
Wilmington, North Carolina 28403
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by January 11, 2010.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: . Ronnie Smith
Date: November 12, 2009
Corps Regulatory Official (Initial): RDS
Expiration Date: November 12, 2014
FOR OFFICE USE ONLY:
• A plat or sketch of the property and the wetland data form must be attached to the file copy of this form.
+ A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be
transmitted with the property owner/agent copy of this form.
• If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the
"Isolated Determination Information Sheet" to the file copy of this form.
Page 2 of 2

Applicant: Roy and Myrtle Trest
File Number: 2009-
01594
Date: November 12, 2009
Attached is: signed survey
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY DETERMINATION
E
fJURISDICTIONAL
Q.: Ct ,9 {"„,?; .�..a ,rrr .,.,, ;`,iaitA.�il ei *'.x
� p� m ciu i4 ttp lwww a e al r s lnet/
7
n tion ke o t'e nr
A: ,INITIAL PROFFERED PERMIT: You may accept or object to the permit.
ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Pei mit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you.
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the 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 may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
1 � F QU FO s ;or B, E TION ' ITTAL, R FFE E I TS . .
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision and/or
the appeal process you may contact:
Mr. Ronnie Smith
PO Box 1890
Wilmington, NC 28402
If you only have questions regarding the appeal process
you may also contact:
Mr. Mike Bell, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send this
form to:
District Engineer, Wilmington Regulatory Division, Attn: Ronnie Smith, Project Manager,
Wilmington Regulatory Field Office, PO Box 1890, Wilmington, North Carolina 28402
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Mike Bell,
Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room 9M15, Atlanta,
Georgia 30303-8801

NOT TO SCALE
I. Samuel T. Inman certify that this plot was
drown under my supervision from an actual survey made
under my supervision (deed description recorded In Book
2851 Page 1301 etc_) (other) see references, that
the boundaries not surveyed are cleady Indicated as drown
from information found in Book , Page that the
ratio of precision cis calculated is 1:7500+ ; that this plat was
prepared in accordance with G.S. 47-30 as amended. Witness
my original signature, license number and seal this 6th
day of October, A.D., 2009. _�0„tp101�4�r'a
QZH o.* ,.I' 'a,
Es'Sip i
,} YtiYJ7Lnc,v v r--,:et_. Surve•
tiyor 'b': - • et fi�At.- •.
Licease N5n*'rb
- .r
:yy
S� #anther certify that this survey is of on 9SURv'
or parcels of land and does not create a n
&lenge an existing street
NOTES
1. Area Determined by OMD.
2. This property is subject to any and all sosements, covenants,
restrictions, right-of-ways of record, govemmentd ordinances
and/or requirements which may exist and limit the use
of this property.
3. Tills survey does not certify legal ti ie to the land itself, or to
the bouikk„ies shown_ Users of this plat should obtain an ocurote
legal opinion as to ownership to the boundaries shown on
this plat.
4. FEMA Flood Map Identrfes parcel as being in FIRM ZONE 0,
Community Panel 37370517 1025 & 1025. J, 5/2/06.
5. Tox Mop Parcel No. r 2.500053.01
6. Zoning " Carolina Shares HC - Highway Commercial
7. Setbacks
Front-. 50'
Rear, 25'
Side: 10'
8, All d"rstonaes are horizontal ground distances.
9. Combined Grid Factor = 1.0001412
•
50
REFERENCES
Deed Book 2651 Page 1
Map Cabinet _7. Page 4
"This certifies that this copy of this plat accurately depicts the boundary of
the jurisdiction of Section 4-04 of the Clean Water Act as determined by the
the undersigned on this date. Unless there is a change in the law or our
published regulations, this determination of Section 434 may be relied upon
for a period not to exceed five years from this dole. This determination was
made utilizing the 1987 Corps of Engineers Delineation Manual.'
'afore, U.S. Army Corps of Engineers Official
-r' /% / —c
Title - Date
Expiration Date of Delineation: Ai ="✓2 M r / Z / /
USACE action 1D : U - /5"/4/
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Shallotte Township
13' 200'
Graphic Scale - Feet
Sccle 1" = 200'
Brjnswick County, N.C.
400' 600'
October 6, 2009
Bobby M. Long & Associates
P.O. Box 1117
Shallots, N.C. 2E459-1117
[phone]
[phone] Pox
WE OJROE! THE 00014 ANS EVER11HIN6 11-507CN

4.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List

Roy Cooper, Governor
■ ▪ .'■ NC DEPARTMENT OF
gam
■ NATURAL AND CULTURAL RESOURCES
▪ .•■■
May 27, 2022
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Trest Tract
Dear Kim Williams:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-18111
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
1 1:1 W. JONES STREET, RALEIGh i_ NC 27603 • 1CS1 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC .19 707.9120 • FAX [phone]

Taxonomic
Group
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Trest Tract
May 27, 2022
NCNHDE-18111
Element Occurrences Documented Within a One -mile Radius of the Project Area
EO ID Scientific Name Common Name Last IF
servation
Date
Element Accuracy Federal
Occurrence Status
Rank
State Global State
tatus Rank Rank
Bird
Dragonfly or
Damselfly
Reptile
2935 Peucaea aestivalis
33738 Somatochlora
georgiana
7407 Alligator
mississippiensis
Bachman's Sparrow
Coppery Emerald
American Alligator
Vascular Plant 24327 Carya myristiciformis Nutmeg Hickory
1984-07-01
2004-Pre
2017-09-20
2001-Pre
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name
Town of Carolina Shores Open Space
Town of Carolina Shores
H 5-Very
Low
H? 5-Very
Low
E 3-Medium
E 4-Low
Threatened
Similar
Appearance
er Type
Local Government
Special
Concern
Significantly G3G4
Rare
Threatened G5 S3
G3 S3B,S2
N
S1?
Endangered G4 S1
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on May 27, 2022; source: NCNHP, Q1, April 2022. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCN HDE-18111: Trest Tract
•
•
stead Golf
Links
•
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Meadowlands
Golf Course
52 fr
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A56ft
Marlowtown Rd N
Carolina
Shores
Hickmans
\ Crossroads
Caroli Shores
: \ Golf untry
c�
.
May 27, 2022
Managed Area (MAREA)
❑ Buffered Project Boundary
❑ Project Boundary
a
0
0
0
Spry
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p
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O ¢b
he
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Sources: Esn, Airbus OS, USGS, NGA. NASA, CGIAR, N Robinson, NCEAS,
NLS, OS, NMA, Geodataslyrelsen, Rilkswaterstaal, GSA, Geoiand, FEW,
Inlermap and the GIS user cAmmunity
Sources: Esti. HERE. Garmin, FAO. NOAA. USGS. ® OpenStree1Map
conlnbutors, and the GIS Met Commun y
Page 3 of 3

IPaC
IPaC resource list
U.S. Fish & Wildlife Service
This report is an automatically generated list of species and other resources such as
critical habitat (collectively referred to as trust resources) under the U.S. Fish and
Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near
the project area referenced below. The list may also include trust resources that
occur outside of the project area, but that could potentially be directly or indirectly
affected by activities in the project area. However, determining the likelihood and
extent of effects a project may have on trust resources typically requires gathering
additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g.,
magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact
information for the USFWS office(s) with jurisdiction in the defined project area.
Please read the introduction to each section that follows (Endangered Species,
Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information
applicable to the trust resources addressed in that section.
Location
p.A.2,
Brunswick County, North Carolina

Local office
Raleigh Ecological Services Field Office
t. [phone]
la [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
iochish04\114\

Endangered species
This resource list is for informational purposes only and does not constitute an
analysis of project level impacts.
The primary information used to generate this list is the known or expected range
of each species. Additional areas of influence (AOI) for species are also considered.
An AOI includes areas outside of the species range if the species could be indirectly
affected by activities in that area (e.g., placing a dam upstream of a fish population
even if that fish does not occur at the dam site, may indirectly impact the species by
reducing or eliminating water flow downstream). Because species can move, and
site conditions can change, the species on this list are not guaranteed to be found
on or near the project area. To fully determine any potential effects to species, \
additional site -specific and project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of
the Secretary information whether any species which is listed or proposed to be
listed may be present in the area of such proposed action" for any project that is
conducted, permitted, funded, or licensed by any Federal agency. A letter from the
local office and a species list which fulfills this requirement can only be obtained by
requesting an official species list from either the Regulatory Review section in IPaC
(see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to
the IPaC website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species
land their critical habitats are managed by the Ecological Services Program of the
U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National
Oceanic and Atmospheric Administration (NOAA Fisheries?).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not
shown on this list. Please contact NOAA Fisheries for species under their
jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered;
IPaC also shows species that are candidates, or proposed, for listing. See the
listing status page for more information. IPaC only shows species that are
regulated by USFWS (see FAQ).
2. 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.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened 1\01011
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
Birds r S‘ 3\ :''6 ‘
NAME STATUS
Piping Plover Charadrius melodu`s Threatened
There is final critical habitat for this species. The location
of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa
Wherever found
There is proposed critical habitat for this species. The
location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Wood Stork Mycteria americana
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8477
Threatened
Endangered
Threatened

Reptiles
NAME
American Alligator Alligator mississippiensis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Green Sea Turtle Chelonia mydas
There is final critical habitat for this species. The location
of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/6199
STATUS
SAT
Threatened
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered NIP
Wherever found ,
11141;111/41C::1/4‘
There is proposed critical habitat for this species. The
location of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/5523
.S1113
Leatherback Sea Turtle Dermochelys torlacea Endangered
Wherever found
There is final critical habit for this species. The location
of the critical habitat is not available.
https://ecos.fw ov/ecp/species/1493
.40
Loggerhead Sea Turtle Caretta caretta
There is final critical habitat for this species. The location
.114 of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/1110
Snails
Threatened
NAME STATUS
Magnificent Ramshorn Planorbella magnifica
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/6216
Insects
Candidate

NAME STATUS
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Cooley's Meadowrue Thalictrum cooleyi
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3281
Candidate
STATUS
Endangered
c4
Rough -leaved Loosestrife Lysimachia asperulaefolia E n
Wherever found
No critical habitat has been designated for this specie
https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumi
isoe
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/sliecit/8549
ae fir
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with
the endangered species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Vigratory birds
Threatened
Certain birds are protected under the Migratory Bird Treaty Act
and the Bald and Golden Eagle Protection Act?.

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 below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-
birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds1)
https://www.fws.gov/sites/default/files/documents/ onwde-standard-
conservation-measures. df
p
The birds listed below are birds of particular concern either because they occur
on the USFWS Birds of Conservation Concern (BCC) list or warrant special
attention in your project location. To learn more about the levels of concern for
birds on your list and how this list is generated, see the FAQ below. This is not a list
of every bird you may find in this location, nor a guarantee that every bird on this
list will be found in your project area. To see exact locations of where birders and
the general public have sighted birds in and around your project area, visit the
E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and
models detailing the relative occurrence and abundance of bird species on your list
are available. Links to additional information about Atlantic Coast birds, and other
important information about your migratory bird list, including how to properly
interpret and use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and
minimization measures to reduce impacts to migratory birds on your list, click on
the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these
birds are most likely to be present and breeding in your project area.
NAME BREEDING SEASON (IFA
BREEDING SEASON IS
INDICATED FORA BIRD ON

American Kestrel Falco sparverius paulus
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions (BCRs) in the
continental USA
https://ecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliatus
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8935
mask_ )
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this
{ area, but warrants attention because of the Eagle Act or
111' for potential susceptibilities in offshore areas from
certain types of development or activities.
Black Skimmer Rynchops niger
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/5234
Gull -billed Tern Gelochelidon nilotica
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9501
YOUR LIST, THE BIRD MAY
BREED IN YOUR PROJECT
AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
ESTIMATE OF THE DATES
INSIDE WHICH THE BIRD
BREEDS ACROSS ITS ENTIRE
RANGE. "BREEDS
ELSEWHERE" INDICATES
THAT THE BIRD DOES NOT
LIKELY BREED IN YOUR
PROJECT AREA.) It
Breeds Apr 1 to Aug 31
Breeds Apr 15 to Aug 31
Breeds Sep 1 to Jul 31
Breeds May 20 to Sep
15
Breeds May 1 to Jul 31

Lesser Yellowlegs Tringa flavipes
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9679
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Breeds elsewhere
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
Red-headed Woodpecker Melanerpes Breeds May 10 to Sep
erythrocephalus 10
This is a Bird of Conservation Concern (BCC) throughoutNib
its range in the continental USA and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions (BCRs) in the
continental USA
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions (BCRs) in the
14, continental USA
Short -billed Dowitcher Limnodromus griseus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9480
Willet Tringa semipalmata Breeds Apr 20 to Aug 5
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.

Wood Thrush Hylocichla mustelina Breeds May 10 to Aug
This is a Bird of Conservation Concern (BCC) throughout 31
its range in the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to
migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding
in the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be
breeding in your project area, view the Probability of Presence Summary. Additional measus i
or permits may be advisable depending on the type of activity you are conducting and the type
of infrastructure or bird species present on your project site.
N:°c
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of N
onservation Concern (BCC)
and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection
of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced
and how to interpret them, go the Probability of Presence Summary and then click on the "Tell
me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project
area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of
Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest
there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird
species list has a breeding season associated with it, if that bird does occur in your project area,
there may be nests present at some point within the timeframe specified. If "Breeds elsewhere"
is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern: likk
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands); ilk ir
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions
(BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your
list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential
susceptibilities in offshore areas from certain types of development or activities (e.g.
offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be
made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and
BCC species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird
species and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa
besides birds that may be helpful to you in your project review. Alternately, you may download
the bird model results files underlying the portal maps through the NOAA NCCOS Integrative
Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the
Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?

If your project has the potential to disturb or kill eagles, you may need to obtain a permit to
avoid violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.
e4eLLI
Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be
subject to the restrictions on federal expenditures and financial assistance and the
consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C.
3501 et seq.). For more information, please contact the local Ecological Services
Field Office or visit the CBRA Consultations website. The CBRA website provides
tools such as a flow chart to help determine whether consultation is required and a
template to facilitate the consultation process.
THERE ARE NO KNOWN COASTAL BARRIERS AT THIS LOCATION.
Data limitations
The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are
depicted on the official CBRS maps. The boundaries depicted in this layer are not to be
considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the
"CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects

that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the
Service for an official determination by following the instructions here:
https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation
Data exclusions
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on
the location of the unit). The true seaward extent of the units is not shown in the CBRS data,
therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind
energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS
data. For additional information, please contact [e-mail].
Facilities
National Wildlife Refuge lands
°c\
Any activity proposed on lands managed by the National ildlife Refuge system
must undergo a 'Compatibility Determination' conducted by the Refuge. Please
contact the individual Refuges to discuss any questions or concerns.
ir 3
THERE ARE NO REFUGE LANDS AT THIS LOCATION.
Ate co km.)
Fish hatcheries
vv
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands
Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation
under Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army

Corps of Engineers District.
Please note that the NWI data being shown may be out of date. We are currently
working to update our NWI data set. We recommend you verify these results with a
site visit to determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
FRESHWATER FORESTED/SHRUB WETLAND
Palustrine
A full description for each wetland code can be found at the National Wetlands
I \PI\*
Inventory website
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce
reconnaissance level information on the location, type and size of these resources. The maps
are prepared from the analysis of high altitude imagery. Wetlands are identified based on
vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery;
thus, detailed on -the -ground inspection of any particular site may result in revision of the
wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of
the image analysts, the amount and quality of the collateral data and the amount of ground
truth verification work conducted. Metadata should be consulted to determine the date of the
source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field
work. There may be occasional differences in polygon boundaries or classifications between the
information depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the
limitations of aerial imagery as the primary data source used to detect wetlands. These habitats
include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal
zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or
tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of
their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and
describe wetlands in a different manner than that used in this inventory. There is no attempt, in
either the design or products of this inventory, to define the limits of proprietary jurisdiction of

any Federal, state, or local government or to establish the geographical scope of the regulatory
programs of government agencies. Persons intending to engage in activities involving
modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary
jurisdictions that may affect such activities.