20230475 Ver 1_Bay Ridge Road PCN Attachments 3-28-23_20230329

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Bay Ridge Commercial
Topsail Township, Pender County, NC
Pre -Construction Notification Attachments
Applicant.
Market Street Real Estate Inv. Group
2001 Balmoral Place
Wilmington, NC 28405
Consultant.
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
Date:
28 March 2023

Road Commercial PCN Attachments 3/28/23
Table of Contents
Attachment
Description
1
Bay Ridge Road Commercial Site Plan & Wetland Impact Map
2
Pender County GIS Aerial Photograph
3
Division of Water Resources Water Classification Map
4
Preliminary Jurisdictional Determination Supporting Information
5
USFWS Official Species Report
6
Pender County GIS Flood Map
7
NC SHPO HPOWEB 2.0 Map

Road Commercial PCN Attachments 3/28/23
Attachment 1
Bay Ridge Road Commercial
Site Plan & Wetland impact Map

BOC Back of Curb
D.B. Deed Book
eeb - Existing Electrical Box
egw - Existing Guy Wire
eop - Edge of Pavement
epp - Existing Power Pole
ex. - Existing
hdpe high density polyethylene pipe
inv. Invert.
L. F. Linear Feet
M. B. Map Book
MBL - Minimum Building Line
Pg. Page
RCP reinforced concrete pipe
R/W Rights -of -way
Sq.Ft. - Square Feet
Typ. - Typical
ohpl Overhead Powerline
Ex. Contour Line
Watermain
G.V. Gate Valve
F.H. - Fire Hydrant
Lu Ann & J. Ernest Hooper
D.B. 1202, Pg. 108
RP Zone
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iD
4.0
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Jeffery Lefebvre &
Anthony Migliara
D.B. 4674, Pg. 2173
(D
U)
inv. in
—Site Benchmark
Top of Headwall = 47-30
Limits of disturbance
Z
Ex. 36" RCP
— — — — — — — — — — —
inv. outJ
42.93
Tract Data:
Total Acreage .................. 4.21
Number of Parcels .............. 1
Zone ........................... Planned Development (PD)
Existing Use (s) ............... Vacant
Proposed Use ................... Mixed Use (Pre -School & Mixed)
Water Service .................. Pender Co. Utilities
SewerService .................. Pluris
PowerService .................. Duke Energy
PIN 3282-30-4783-0000
Deed Ref.: D.B. 2418, Pg. 324
M.B. 31, Pg. 61
PD Zone Setbacks:
Front Yard 251
Rear Yard 101
Side Yard 101
Accessory Structure - 101
Building Data:
Existing Building Square Footage ... 0 Sq.Ft. (Vacant Land)
PHASE I Building Square Footage .... 11,880 Sq. Ft. (Pre -School)
10,080 Sq. Ft. (Mixed Use)
Total Building Square Footage
For PHASE I ............... 21,960 Sq. Ft.
Future Building .................... 5,800 Sq. Ft. (Mixed Use)
Proposed Max. Height of Building ... 24 Ft. (Phase I)
I d I
36'Entran e
11,6' Entrance
e9w epp L inv. 43.70
— — — — — — — — — — — — — — — — — — — — — — — — — —
IdHo Id4o Idq, Idqu --It ldqo 1 40 -11 ldqo
Iq ldqo_�_ 0.40 ldqo 0 1d40— fd40— Id4o— Id4o— Idp— epp
ldqo— ld4o— ldqo— ldqo— id�o Idqol— Id4a egW p inv. in inv. out Bay Ridge oa M
N 1?' -'0 �X- 172" 6.29 IME
56.7 HDPE EX. Gravel Drive jks�020 halt Road private Easement Ex. Gravel Drive 4-
'ravel Drive
325.04'
218.97' Ex. Power Pole N 40*43'00" W 544.00' Total inv. 43.59 To Be Relocated I NI WWetlands Impact Exhibit Map
It 7
Buffer Type A Along Street Side: Buffer Type A Along Street Side: y This map to be used for USACE and DWR permitting purposes only
Double Row Terminal Landscape Island
Buffer Requiremnts Shall Be Setif led By Typical Requirements; Buffer Requiremnts Shall I Be 5atif ied By
Woods or New Plantings. 'CIO, BDAY RIDGE COMMU"NS
Existing Woods or New Plantings. - 600 Sq. Ft. Minimum Pervious Area No New Trees to be Planted in Easements.
No New Trees to be Planted in Easements. - Minimum Width of 12 Feet
- 2 canopy trees and two (2) foot high (A Topsail Township, Pender County, North Carolina
screening shrubs 0)
AJ MCGIPT Land Management, LLC -P, I Owner:
D.B. 4668, Pg. 1649 0 Market Street Real Estate Investment Groupq LLC
GB-CD2 Zone Ir
General Notes 2001 Balmoral Place
1. Boundary and topographic information taken from survey by Talbot Land Surveying, P.C. April 20th, 2021. Wilmington, North Carolina 28405
Note: 2. Development area is currently wooded. Land disturbance over I acre to be permitted for erosion control [phone]
through NCDEQ Land Quality 5eciton.
Contractor shall insure that he and all his workers (contractors, subcontractors and other site personnel) 3. There are no Areas of Environmental Concern (AEC) as defined by Coastal Area Management Act (LAMA), DATE: 03122/23 0 10 20 30 60 90
do not damage construction stakes or other measures used in laying out the project whether by the Engineer and no surface waters exist on this site. Wetlands Line and area shown per delineatin by Southern Flawl mom
or another entity including those under the employ of the contractor. Contractor shall cause his workers to observe Environmental Group, Inc. February 2023. REV BY SEGII: 03/27/23 MMM9
and verify to the fullest extent practicable that stakes, other measures and grades are, or appear to be, accurate 4. This site is greater than 1/2 mile from any surface water designated as SA; HQW in regards to permitting SCALE: 1"=30' FEET
and correct, and immediately, but prior to any associated work, notify the staking entity of any potential conflict, for NCbEQ Stormwater rules. Stormwater system to be underground detention with Contech Stormf ilter
e above measures are not treatment, and permitted through NCDEQ post construction state stormwater program. Detention to be
error or question regarding the work. The Engineer shall not be responsible if all of the TIDEWA TIER ASSC)OCIATES, IN%,..
strictly adhered to. The Engineer shall not be responsible where due to damage, his staking can not be verified. designed for 25 year storm per Pender County requirements.
For critical or costly components of the work, where the contractor believes that staking may not be preserved, 5. This entire site is not within any special flood hazard area per FEMA CPN # 3720420400 J Consulting Engineers - Land Suryeyors - Land Planners
the contractor shall request the staking entity to place staking in an area where its preservation can be insured. (Pender County) effective 02/16/07. COGO: n1a Cedar Point, North Carolina
Filenarne. Bay Ridge Center Gen.dwg 604E Cedar Point Boulevard
Drawn By: JLM ( Est. N1961
Job Me.: S210401-7695 Sheet I of I Phone [phone] - www.BellandPhillips.com
Firm License Number: F-0108

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Bay Ridge Road Commercial PCN Attachments 3/28/23
Attachment 3
NC DWR Water Classification Map
Surface Water
v n X {
Classifications:
Stream Index:
18-87-9-1
6IfIt
Stream Name;
Mullet Run
Description:
From source #o
Virginia Creek
171
G
Classification:
SA, HOW
3
Date of Class.:
August 8, 1981
Woodside
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9

Road Commercial PCN Attachments 3/28/23
Attachment 4
Preliminary Jurisdictional Determination Request Packet

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: Bay Ridge Road
City, State: Hampstead, NC
County: Pender
Parcel Index Number(s) (PIN): 4204-87-1130-0000
B. REQUESTOR INFORMATION
Name:
Noah Dean
Mailing Address:
5315 S College Road Suite E
Wilmington, NC 28412
Telephone Number:
910-515-8008
Electronic Mail Address:
[e-mail]
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultanti
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name:
Market Street Real Estate Investment Group LLC
Mailing Address:
2001 Balmoral Place
Wilmington, NC 28405
Telephone Number:
Electronic Mail Address:
[e-mail]
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Noah Dean
Print Name
Capacity: ❑ Owner Z Authorized Agents
02/07/2023
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
' For NCDOT requests following the current NCDOT/USAGE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
7 I am requesting that the Corps provide a preliminM JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 4.22 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude: 34.421170
Longitude: 77.646470
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. hM2://www.saw.usace.4rmy.mil/Missions/Regulatoly-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'.
Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
hJ Other Assessment Forms
' www.saw.usace.4rmy.mil/Portals/59/docs/regulatory/readocs/JD/RGL 08-02_App A Prelim _JD_Form fillable.pdf
8 Please see hM2://www.saw.usace.4M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

SF-G
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: 4.22 AC PT TR B&C PB 31/61
LOT NO. PLAN NO. PARCEL I.D. 4204-87-1130-0000
STREET ADDRESS: Bay Ridge Road
Property Owner (please print): MARKET STREET REAL ESTATE INVESTMENT GROUP LLC
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGO to act on their behalf in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
2001 Balmoral Place
Wilmington, NC28405
Email: KplinvestmentMpgma i 1. con?
Telephone:
919-971-4265
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledge.
' 4M4aV,9:;Q'
Property Owner X'Iii—h—orized Signature SEGi Authorized Signature
Print Name
Date
David Scibetta
Print Name
02/03/2023
Date

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Potential Wetland Waters of the US
Property Line
125 ft 500 ft 875 ft
Map Source: ESRI Street Maps
All lines are approximate and should be used for
planning purposes only.
Vicinity Map
Bay Ridge Road
Hampstead, Pender Co., N.C.
02/03/2023 023-001.01

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al
1=0�1017" LL.W.
[- Potential Wetland Waters of the US ti
Property Line
0 ft 100 ft 250 ft 400 ft
Map Source: 2014 QL2 LiDAR Dem LiDAR Map
All lines are approximate and should be used for Bay Ridge Road
planning purposes only. Hampstead, Pender Co., N.C.
02/03/2023 023-001.01

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Potential Wetland Waters of the US
Property Line • •
125 ft 500 ft 875 ft 1 •
Map Source: USA Topo Maps Topo Map N
All lines are approximate and should be used for Bay Ridge Road
planning purposes only. Hampstead, Pender Co., N.C. � -
02/03/2023 023-001.01 �� �"

V
Potential Wetland Waters of the US
Property Line
o Data Point
0 ft 100 ft 250 ft 400 ft
Map Source: 2020 NC Statewide Orthoimagery
Web Soil Survey: SSURGO Data
All lines are approximate and should be used for
planning purposes only.
t �
Soils Map
Bay Ridge Road
Hampstead, Pender Co., N.C.
02/03/2023 023-001.01
El

U.S. Army Corps of Engineers OMB Control#: 0710xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR335-15, paragraph 5-2a)
Project/Site: Bay Ridge Road City/County: Hampstead/Pender Sampling Date: 01/05/2023
Applicant/Owner: Ken Lyod State: NC Sampling Point: DP-1 Wet
Investigator(s): Noah Dean Section, Township, Range:
Landform (hillside, terrace, etc.): Flatwoods Local relief (concave, convex, none): None Slope (%): 0
Subregion (LRR or MLRA): LRR P, MLRA 135A Lat: 34.420841 Long: 77.646220 Datum: NAD-84
Soil Map Unit Name: Lynn Haven NWI classification: Pf04Bd
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _Aquatic
Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) —Marl
Deposits (1315) (LRR U)
—Drainage Patterns (1310)
X Saturation (A3) _
Hydrogen Sulfide Odor (Cl)
—Moss Trim Lines (1316)
_Water Marks (131) —Oxidized
Rhizospheres on Living Roots (C3)
X Dry -Season Water Table (C2)
—Sediment Deposits (132) —Presence
of Reduced Iron (C4)
—Crayfish Burrows (C8)
—Drift Deposits (133) _
Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Thin
Muck Surface (C7)
_Geomorphic Position (D2)
—Iron Deposits (135) —Other
(Explain in Remarks)
—Shallow Aquitard (D3)
—Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes No
Depth (inches):
Water Table Present? Yes X No
Depth (inches): 16
Saturation Present? Yes X No
Depth (inches): 12
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-1 Wet
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30 ft )
% Cover Species?
Status
Dominance Test worksheet:
1. Pinus taeda
70 Yes
FAC
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 4 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 4 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
7.
Prevalence Index worksheet:
8.
Total % Cover of: Multiply by:
70 =Total Cover
OBL species x 1 =
50% of total cover:
35 20% of total cover:
14
FACW species x 2 =
SaDlina/Shrub Stratum (Plot size: 30 ft
)
FAC species x 3 =
1. Acer rubrum
10 No
FAC
FACU species x 4 =
2. Liquidambarstyraciflua
40 Yes
FAC
UPL species x 5 =
3. Ilex glabra
80 Yes
FACW
Column Totals: (A) (B)
4.
Prevalence Index = B/A =
5.
Hydrophytic Vegetation Indicators:
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
X 2 - Dominance Test is >50%
8.
3 - Prevalence Index is :53.0'
130 =Total Cover
-Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
65 20% of total cover:
26
Herb Stratum (Plot size: 30 ft )
1. Arundinaria gigantea
40 Yes
FACW
'Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
12.
40 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
20 20% of total cover:
8
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP-1 Wet
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type' Locz Texture Remarks
0-18 10YR 2/1
Mucky Sand
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
_ Barrier Islands 1 cm Muck (S12)
_ 2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
_ Hydrogen Sulfide (A4)
_ Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
_ Loamy Gleyed Matrix (F2)
—Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
X 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
_ Piedmont Floodplain Soils (F19) (LRR P, T)
_Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
—Depleted Below Dark Surface (A11)
—Marl (F10) (LRR U)
_ Red Parent Material (F21)
_Thick Dark Surface (Al2)
_ Depleted Ochric (F11) (MLRA 161)
—Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P, T)
(outside MLRA 138, 162A in FL, 164)
_Sandy Mucky Mineral (S1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
_ Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
_ Delta Ochric (F17) (MLRA 161)
(MLRA 15313, 153D)
—Sandy Redox (S5)
_ Reduced Vertic (F18) (MLRA 150A, 15013)
—Other (Explain in Remarks)
—Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 149A)
X Dark Surface (S7) (LRR P, S, T, U)
Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
_Anomalous
(MLRA 149A, 153C9 153D)
31ndicators of hydrophytic vegetation and
(LRR S, T, U)
—Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 162A in FL, 164)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

U.S. Army Corps of Engineers OMB Control#: 0710xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR335-15, paragraph 5-2a)
Project/Site: Bay Ridge Road City/County: Hampstead/Pender Sampling Date: 01/05/2023
Applicant/Owner: Ken Lyod State: NC Sampling Point: DP-2 UP
Investigator(s): Noah Dean Section, Township, Range:
Landform (hillside, terrace, etc.): Flatwoods Local relief (concave, convex, none): None Slope (%): 0
Subregion (LRR or MLRA): LRR P, MLRA 135A Lat: 34.420942 Long: 77.646448 Datum: NAD-84
Soil Map Unit Name: Lynn Haven NWI classification: Pf04Bd
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _Aquatic
Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
—High Water Table (A2) —Marl
Deposits (1315) (LRR U)
—Drainage Patterns (1310)
—Saturation (A3) _
Hydrogen Sulfide Odor (Cl)
—Moss Trim Lines (1316)
—Water Marks (131) —Oxidized
Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) —Presence
of Reduced Iron (C4)
—Crayfish Burrows (C8)
_ Drift Deposits (133) _
Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Thin
Muck Surface (C7)
_Geomorphic Position (D2)
—Iron Deposits (135) —Other
(Explain in Remarks)
—Shallow Aquitard (D3)
—Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-2 UP
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30 ft )
% Cover Species?
Status
Dominance Test worksheet:
1. Pinus taeda
90 Yes
FAC
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 4 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 4 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
7.
Prevalence Index worksheet:
8.
Total % Cover of: Multiply by:
90 =Total Cover
OBL species x 1 =
50% of total cover:
45 20% of total cover:
18
FACW species x 2 =
SaDlina/Shrub Stratum (Plot size: 30 ft
)
FAC species x 3 =
1. Acer rubrum
10 No
FAC
FACU species x 4 =
2. Liquidambarstyraciflua
5 No
FAC
UPL species x 5 =
3. Ilex glabra
60 Yes
FACW
Column Totals: (A) (B)
4. Pinus taeda
20 Yes
FAC
Prevalence Index = B/A =
5.
Hydrophytic Vegetation Indicators:
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
X 2 - Dominance Test is >50%
8.
3 - Prevalence Index is :53.0'
95 =Total Cover
-Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
48 20% of total cover:
19
Herb Stratum (Plot size: 30 ft )
1. Arundinaria gigantea
5 No
FACW
'Indicators of hydric soil and wetland hydrology must be
2. Aristida stricta
30 Yes
FAC
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
12.
35 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
18 20% of total cover:
7
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain - Version 2.0

SOIL Sampling Point: DP-2 UP
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Type' Locz
Texture Remarks
0-7 10YR 2/1 50
10YR 5/1 50 MS M
Sandy
7-14 10YR 5/1 70
10YR 2/1 30 MS M
Sandy
14-18 10YR 4/1
Sandy
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
_ Barrier Islands 1 cm Muck (S12)
_ 2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 15313, 153D)
—Coast Prairie Redox (A16)
_ Hydrogen Sulfide (A4)
_ Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
—Stratified Layers (A5)
_ Loamy Gleyed Matrix (F2)
—Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 15013)
_5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
_ Piedmont Floodplain Soils (F19) (LRR P, T)
_Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 15313)
X Depleted Below Dark Surface (Al 1)
—Marl (F10) (LRR U)
_ Red Parent Material (F21)
_Thick Dark Surface (Al2)
_ Depleted Ochric (F11) (MLRA 161)
—Very Shallow Dark Surface (F22)
_Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P,
T) (outside MLRA 138, 162A in FL, 164)
_Sandy Mucky Mineral (S1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
_ Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
_ Delta Ochric (F17) (MLRA 161)
(MLRA 15313, 153D)
—Sandy Redox (S5)
_ Reduced Vertic (F18) (MLRA 150A, 15013)
—Other (Explain in Remarks)
X Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 149A)
X Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
(MLRA 149A, 153C9 153D)
31ndicators of hydrophytic vegetation and
(LRR S, T, U)
—Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 162A in FL, 164)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

Road Commercial PCN Attachments 3/28/23
Attachment 5
USFWS Official Species List

Tr � rr 3BR4'M'E
United States Department of the Interior
FISH AND WILDLIFE SERVICE t
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: March 29, 2023
Project Code: 2023-0061931
Project Name: Bay Ridge Road Commercial
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 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.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

03/29/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.govibirds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.govibirds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.govibirds/policies-and-regulations/
executive-orders/e0-13186.php.

03/29/2023
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
■ Official Species List
• Migratory Birds

03/29/2023
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
[phone]

03/29/2023
PROJECT SUMMARY
Project Code: 2023-0061931
Project Name: Bay Ridge Road Commercial
Project Type: Commercial Development
Project Description: Commercial development on approximately 3.61 acres of mostly wooded
upland, which is located adjacent to US Hwy 17, in Topsail Township,
Pender County, NC. The project is anticipated to begin within 1 year.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.42134125.-77,64662611911666.14z
fto
Counties: Pender County, North Carolina

03/29/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 14 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
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
Northern Long-eared Bat Myotis septentrionalis
Threatened
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
BIRDS
NAME
STATUS
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus ru fa
Threatened
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: htips://ecos.fws.gov/ecp/species/7614

03/29/2023
REPTILES
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: htips:Hecos.fws.gov/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: htips://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Endangered
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: htips:Hecos.fws.gov/ecp/species/1110
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
STATUS
Cooley's Meadowrue Thalictrum cooleyi
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus
Threatened
No critical habitat has been designated for this species.
Species profile: htips://ecos.fws.gov/ecp/species/8549
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

03/29/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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.
BREEDING
NAME SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
fts:Hecos.fws.gov/ecp/species/9587
Bachman's Sparrow Aimophila aestivalis Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 30
and Alaska.
fts:Hecos.fws.gov/ec;p/species/6177

03/29/2023
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20
and Alaska.
Henslow's Sparrow Ammodramus henslowii Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
btips:Hecos.fws.gov/eqp/species/3941
Painted Bunting Passerina ciris Breeds Apr 25
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15
(BCRs) in the continental USA
Prairie Warbler Dendroica discolor
Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Willet Tringa semipalmata Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5
and Alaska.

03/29/2023
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort ()
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe

03/29/2023
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season survey effort no data
SPECIES
JAN FEB MAR
APR MAY JUN JUL AUG SEP
OCT NOV DEC
American Kestrel
'
1+—+ ++— -1 1
+ + ++++ ++}� +
---
— + ' --
— ++—
BCC - BCR
I I
��I� I�r■ r�■a IIII
Bachman'sSparrow I I ++1111-1 Jill qllp Jill Jill Jill III I Jill 1--- —++—
BCC Rangewide
(CON)
Bald Eagle IIII IIII IIII lill Jill +_ ++++ +++� Jill Jill hill ``__
Non -BCC
Vulnerable ��
Brown -headed Nuthatch Jill 111-1111 Jill Jill Jill 1111 Jill 1-1 Jill II-- —111
BCC -BCR
Swift
S Chimney
BCC Chimney
Swift ++—+ +++— + 1I ++++ +-11 1++' +"+ IIII — — — -
---4-4- —++—
Rangewid(CON) 416__ J
Eastern Whippoor-
will ++—+ +++— 4 ­ 4- +,++ 11ji
fi �j Jill Jil— --- — 4-4- — —++—
BCC Rangewide
(CON)
Henslow's Sparrow
BCC Rangewide ++—+ +++— +�—+ ++++ +—++ ++++ ++++ +++—--- —++--- —'+—
(CON)
Painted Bunting ++'+ +++— 4 ­ 4- +++I Jill�`■+ 1111
� � --- —�4-4- —++
BCC-BCR
Prairie Warbler ++—+ +"' IIN lion,+lill ' '
BCC a Warbler
+++— +--+ + + + ---- --++ --- —++
(CON)
Prothonotary ++�+ " + ' ' '
++
Warbler +++� +�—+ ++ + + ++++ +++— --- —++ — --- ++—
BCC Rangewide — — — — ---- —��� �—mm
(CON)
Red-headed Woodpecker +11 Jill Jill Jill Jill 1--- —1
"+ +++� +�—+ + ++ —++—
BCC Rangewide '-
(CON)
Ruddy Turnstone ++_+ +'+­ 1 1 1 +++ +­++ ++++ ++++ +++­ � — —�++ � — —++—
BCC -BCR
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

03/29/2023
5
Rusty Blackbird ++'+ +++— 4 —+ ++++ +—++ ++++ ++++ +++— ---- --++ ---- —++—
BCC-BCR
Willet
BCC Rangewide � +++— 4-4-++++ +—+' ++++his
+ +++- ---- --++ ---- —++—
(CON) d■ ■■■■ ■■■� kb
Additional information can be found using the following links:
■ Birds of Conservation Concern https://www.fws.goy/program/migratory-birds/species
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidine-and-minimizine-incidental-take-migratorv-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
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 measures 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.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation 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 Rapid Avian Information
Locator (RAIL)Tool.

03/29/2023
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 or migrating in my 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 query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. 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:
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);
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.

03/29/2023
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 LOr1nQ.
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.

03/29/2023
IPAC USER CONTACT INFORMATION
Agency: Southern Environmental Group, Inc. (SEGi)
Name: Dana Lutheran
Address: 5315 South College Road
Address Line 2: Suite E
City: Wilmington
State: NC
Zip: 28412
Email [e-mail]
Phone: [phone]

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