20241297 Ver 1_McMullan Attachments_20240923

DAVEYI-,
Resource Group
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
September 20, 2024
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: McMullan Tract S/D; Brunswick County, NC
NWP 29 Application
Action ID# SAW-2022-1425 and SAW-2022-01427
To Whom It May Concern:
On behalf of Pulte Home Company LLC, Davey Resource Group is submitting a Pre -Construction
Notification form and associated attachments for the McMullan Tract Subdivision located off Ocean
Isle Beach Road in OIB, NC. The purpose of the project is to construct a residential development
within the site to address the housing needs of the community.
The project proposes to permanently impact 0.473 acres of wetlands and 260 LF of streams for two
road crossings. Additionally, 0.025 acre of wetlands will be temporarily impacted to install a
stormwater pipe. This corridor will be restored back to pre -construction grade and allowed to
revegetate. To mitigate for permanent wetland and stream impacts, credits will be purchased from
the Stone Farm Mitigation Bank at a 2:1 mitigation to impact ratio.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

McMULLAN TRACT SUBDIVISION
Brunswick County, NC
Action ID# SAW-2022-1425 & SAW-2022-01427
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
3.0 SITE PLAN DRAWINGS
WET: Overall Site Plan Showing Proposed Impacts
1: Impact 1: Utility Line Plan View and Cross Section
2: Impact 2: Stream/Wetland Road Crossing Plan View and Cross Section
3. Impact 3: Stream/Wetland Road Crossing Plan View and Cross Section
4.0 JURISDICTIONAL DETERMINATIONS
5.0 RARE SPECIES INFORMATION
USFWS IPaC Species List
USFWS NLEB Determination Key (MANLAA)
RCW SLOPES APP B.

1.0 AGENT AUTHORIZATION FORM

DAVEY#-.
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the McMullan Tract located in Shallotte, NC (Brunswick Co). All questions regarding this
project should be directed to Davey Resource Group.
Sincerely,
Applicant
Bradley L. Harrell
Print Name
08-08-2024
Date
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

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3.0 SITE PLAN DRAWINGS
WET: Overall Site Plan Showing Proposed Impacts
1: Impact 1: Utility Line Plan View and Cross Section
2: Impact 2: Stream/Wetland Crossing Plan View and Cross Section
3. Impact 3: Stream/Wetland Crossing Plan View and Cross Section

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4.0 JURISDICTIONAL DETERMINATIONS

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-01425 County: Brunswick County
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
McMullan Partners LLC
Rube McMullan
870 Old Canton Road
Marietta, GA, 30068
[phone]
rubemc(a;att.net
Size (acres) 187.3 Nearest Town Shallotte, NC
Nearest Waterway Millpond, The River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.938766 Longitude:-78.430045
Location description: This undeveloped 187 acre site is located off Lakewood Drive SW in Shallotte, Brunswick County, NC.
(Parcel ID: 2130000601).
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters, including wetlands, on the above described property, that may be subiect to Section 404 of the
Clean Water Act (CWA)(33 USC & 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC & 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary iurisdiction determination may be used in the permit evaluation
process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory
mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD
will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are
iurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction.
_ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
Page 1 of 2

SAW-2022-01425
B. Approved Determination
_ 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 (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are waters of the U.S., including 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 law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
_ The waters of the U.S., including wetlands, 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, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed
five years from the date of this notification.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are 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 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 to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at [phone] or
Ga rv.H.Beecher(&usace. army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: A desk top review was done on this PJD application using information obtained from the consultant (Davey
Resource Group) and from Corps generated Lidar Maps.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:

SAW-2022-01425
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN @USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Digitally signed by Gary H.
Gary H. Beecher Beecher
Date: 2022.11.17 07:23:10-05'00'
Date of JD: November 17, 2022 Expiration Date: PJD does not expire
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulato!y.ops.usace.army.mil/customer-service-survey/.
Copy Furnished via e-mail to:
Consultant:
Kim Williams
Davey Resource Group
3805 Wrightsville Avenue, Suite 15
Wihnin0on, NC 28403
[phone]
Kim.william s(&davey.com

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: November 17, 2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Rube McMullan, 870 Old Canton Road, , GA, 30068.
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, Waccamaw Lumber Tract / Shallotte / Brunswick
, SAW-2022-01425
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Brunswick County City: Shallotte
Center coordinates of site (lat/long in degree decimal format): Lat.: 33.938766' Long.:-78.430045'
Universal Transverse Mercator:
Name of nearest waterbody: Millpond, The
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY) :
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Number
Latitude (decimal
Longitude
Estimated amount of
Type of aquatic
Geographic authority to
degrees)
(decimal degrees)
aquatic resources in
resources (i.e.,
which the aquatic resource
review area (acreage
wetland vs. non-
"may be" subject (i.e.,
and linear feet, if
wetland waters)
Section 404 or Section
a licable
10/404
Potential
98.1 acres
wetland
404
wetlands
Potential
0.05 acres
Open Water
404
Jurisdictional
pond
Potential
6935 LF
Ditch
404
jurisdictional
open water

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general permit,
and the permit applicant has not requested an AJD for the activity, the permit applicant is
hereby made aware that: (1) the permit applicant has elected to seek a permit authorization
based on a PJD, which does not make an official determination of jurisdictional aquatic
resources; (2) the applicant has the option to request an AJD before accepting the terms and
conditions of the permit authorization, and that basing a permit authorization on an AJD could
possibly result in less compensatory mitigation being required or different special conditions;
(3) the applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can accept
a permit authorization and thereby agree to comply with all the terms and conditions of that
permit, including whatever mitigation requirements the Corps has determined to be necessary;
(5) undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a
permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in
reliance on any form of Corps permit authorization based on a PJD constitutes agreement that
all aquatic resources in the review area affected in any way by that activity will be treated as
jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial
compliance or enforcement action, or in any administrative appeal or in any Federal court;
and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and
conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources
in the review area, or to provide an official delineation of jurisdictional aquatic resources in
the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in
the review area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
® USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
® Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory maps) . Cite name:
❑ State/local wetland inventory maps) :
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑Photographs: ❑Aerial (Name & Date):
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify) : Corps Lidar Map
IMPORTANT NOTE: The information recorded on this form has not necessarily
verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Digitally signed by Gary H.
Gary H. Beecher Beecher
Date: 2022.11.17 07:22:50-05'00'
Signature and date of Regulatory
staff member completing PJD
Signature and date of person
requesting PJD (REQUIRED,
unless obtaining the signature
is impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the
established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing
an action.

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L:\WETLANDS\2021 WETLANDS FILES\LMG21.529--- N 0 750 1,500 3,000
Waccamaw Lumber Tract, McMullan\Maps Feet
Boundaries are approximate and not meant to be absolute.
Map Source: GIS World Street Map Scale applies to 11X17' print.
Lumber Tract Bruns LMG
Brunswick County, NC Figure 1
LAND MANAGEMENT GROUP
Map Date: October2021 3805 .DAmyle--.P y Vicinity Map
LM G21.529 Wilmington, NC 28403
[phone]

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NOTE- This is not a survey- All boundaries and distances are considered
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A survey of delineated areas and review and approval by the U.S. Army
Corps of Engineers is recommended prior to specific site planning.
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= Project Area — 187.3 ac
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LAND MANAGEMENT GROUP Preliminary Delineation
Map Date: May 5, 2022 . OR/EY#_ _.P_Y
3805 Wrightsville Avenue Sketch
DRGNCW21.529 Wilmington, NC 28403
[phone]

2/13/23, 10:57 AM The Davey Tree Expert Company Mail - Wetland Concurrence statement for Four Mile Road Tract, Brunswick County, NC (SAW-...
DAVEYS Williams, Kim <[e-mail]>
Wetland Concurrence statement for Four Mile Road Tract, Brunswick County, NC
(SAW-2022-01427)
1 message
Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]> Mon, Feb 13, 2023 at 9:11
AM
To: "[e-mail]" <[e-mail]>
Cc: "Williams, Kimberlee" <[e-mail]>
Dear Rube McMullan,
Reference is made to ORM ID SAW-2022-01427, please reference this number on any correspondence regarding this
action located on Old Georgetown Road NE and SR 1184, Brunswick County, NC. (Parcel ID: 22800012, 2280000101,
21200035 & 2120001803)
On June 27, 2022 we received information from you requesting the Wilmington District, Regulatory Division review and
concur with the boundaries of an aquatic resource delineation.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be sufficiently accurate and reliable for
permitting actions and the determination of compensatory mitigation requirements. The boundaries of these aquatic
resources are shown on the delineation map labeled Four Mile Road Tract Section 404/401 Delineation Preliminary
Sketch.
Regulatory Guidance Letter (RGL) 16-01
https:Husace.contentdm.ocic.org/utils/getfile/collection/pl6021 co119/id/1256 provides guidance for Jurisdictional
Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested".
At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation
process, including determining compensatory mitigation. This delineation verification is not an Approved Jurisdictional
Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33
CFR Part 331). However, you may request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation.
Please contact me if you have any questions about this project or about the USACE Regulatory Program.
Respectfully,
Gary
https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view=pt&search=all&permthid=thread-f%3A1757725570766125622%7Cmsg-f%3A1757725570766... 1 /2

2/13/23, 10:57 AM The Davey Tree Expert Company Mail - Wetland Concurrence statement for Four Mile Road Tract, Brunswick County, NC (SAW-...
US Army Corps:
of Engirse,ars
VVilminglon ❑1s rla
Gary Beecher
USACE Wilmington Field Office
Regulatory Project Manager
Office [phone]
Cell [phone]
ga[[e-mail]
2 attachments
Four Mile Road_ vicinity map.pdf
381 K
Four Mile Road wetland delineation map.pdf
671 K
https://mail.google.com/mail/u/O/?ik=5f499cdlal &view=pt&search=all&permthid=thread-f%3A1757725570766125622%7Cmsg-f%3A1757725570766... 2/2

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5.0 RARE SPECIES INFORMATION
USFWS IPaC Species List
USFWS NLEB Determination Key (MANLAA)
RCW SLOPES APP B.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0141102
Project Name: McMullan Tracts
09/09/2024 13:04:13 UTC
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 IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the IPaC system by completing the same process used to receive the enclosed 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

Project code: 2024-0141102
09/09/2024 13:04:13 UTC
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation-
handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see https://www.fws.gov/program/migratory-bird-permit/what-
we-do.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
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Project code: 2024-0141102
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We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• Migratory Birds
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607
[phone]
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Project code: 2024-0141102 09/09/2024 13:04:13 UTC
PROJECT SUMMARY
Project Code: 2024-0141102
Project Name: McMullan Tracts
Project Type: Residential Construction
Project Description: residential development
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)33.9365582,-78.43515093831085,14z
Counties: Brunswick County, North Carolina
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Project code: 2024-0141102 09/09/2024 13:04:13 UTC
ENDANGERED SPECIES ACT SPECIES
There is a total of 13 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
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
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MAMMALS
NAME
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10515
BIRDS
NAME
Piping Plover Charadrius melodus
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6039
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614
Rufa Red Knot Calidris canutus ru fa
There is proposed critical habitat for this species. Your location does not overlap the critical
habitat.
Species profile: https:Hecos.fws.gov/ecp/species/1864
REPTILES
NAME
American Alligator Alligator mississippiensis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/776
Green Sea Turtle Chelonia mydas
Population: North Atlantic DPS
There is proposed critical habitat for this species. Your location does not overlap the critical
habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
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
STATUS
Endangered
Proposed
Endangered
STATUS
Threatened
Endangered
Threatened
STATUS
Similarity of
Appearance
(Threatened)
Threatened
Endangered
Endangered
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SNAILS
NAME
STATUS
Magnificent Ramshorn Planorbella magni fica Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6216
1►PI=10k
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyi Endangered
No critical habitat has been designated for this species.
Species profile: https: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
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the
Migratory Bird Treaty Act2.
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Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treat. Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are likely bald eagles present in your project area. For additional information on bald
eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
NAME BREEDING SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain
types of development or activities.
https:Hecos.fws.gov/ecp/species/1626
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 "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence ( 1)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
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A week is marked as having no data if there were no survey events for that week.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle �1�1 �1�1 III Jill
III Jill
Jill
il■ 1.+
IIINon-BCC
Vulnerable
+ + + ++�+ ++ �— ++��1
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-mi rator.
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle
Protection ActZ.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eas71e Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below to see when these birds are most likely to be present and breeding in your
project area.
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NAME
BREEDING
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
https:Hecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliates Breeds Apr 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 31
and Alaska.
https:Hecos.fws.gov/ecp/species/8935
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.
https:Hecos.fws.gov/ecp/species/1626
Black Skimmer Rynchops niger Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15
and Alaska.
https:Hecos.fws.gov/ecp/species/523
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
https:Hecos.fws.gov/ecp/species/9427
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
https:Hecos.fws.gov/ecp/species/9406
Chuck-will's-widowAntrostomus carolinensis Breeds May 10
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions t0 Jul 10
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/960
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20
and Alaska.
https:Hecos.fws.gov/ecp/species/10678
Gull -billed Tern Gelochelidon nilotica Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9501
King Rail Rallus elegans Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5
and Alaska.
https:Hecos.fws.gov/ecp/species/8936
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NAME
BREEDING
SEASON
Least Tern Sternula antillarum antillarum Breeds Apr 25
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5
and Alaska.
https:Hecos.fws.gov/ecp/species/11919
Lesser Yellowlegs Tringa flavipes Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9679
Marbled Godwit Limosa fedoa Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9481
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
https:Hecos.fws.gov/ecp/species/9511
Pectoral Sandpiper Calidris melanotos Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9561
Prairie Warbler Setophaga discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9513
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.
https:Hecos.fws.gov/ecp/species/9439
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.
https:Hecos.fws.gov/ecp/species/9398
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
https:Hecos.fws.gov/ecp/species/10633
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
https:Hecos.fws.gov/ecp/species/9478
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Project code: 2024-0141102
09/09/2024 13:04:13 UTC
NAME
BREEDING
SEASON
Saltmarsh Sparrow Ammospiza caudacuta Breeds May 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5
and Alaska.
https:Hecos.fws.gov/ecp/species/9719
Semipalmated Sandpiper Calidris pusilla Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9603
Short -billed Dowitcher Limnodromus griseus Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9480
Whimbrel Numenius phaeopus hudsonicus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/11991
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.
https:Hecos.fws.gov/ecp/species/10669
Wilson's Plover Charadrius wilsonia Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20
and Alaska.
https:Hecos.fws.gov/ecp/species/9722
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9431
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 "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper
Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret
this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
1ZOT10

Project code: 2024-0141102
09/09/2024 13:04:13 UTC
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel lose amp —,+1 ---+ +—++ —+—+ ++�� +i" +� +++—+' ++" �--�
BCC - BCR --- --- J doom ■r on
American 1111 1 111- ■� IN AII I111 11-1 1 1� 11 1 1 1, -+ Oystercatcher + + +
mmmm
BCC Rangewide
(CON)
Bald Eagle +11 + +1— + —��I +— ++—+ ++ + ++—+
Non -BCC �1
Vulnerable
Black Skimmer BCC Rangewide '+++'+-- --+ Al IN 11-1 IN11-1 111— IN +111 _--0
(CON) _ IL
Brown -headed 111+ "'— lilt' I —'III
J�++ 11-1
Nuthatch
BCC -BCR
Chimney Swift
BCC Rangewide ++++ ++�� -=="— J"i Jill''k�
(CON)
Chuck-will's-widow ++++ --++ ---+ +III Jill If++ ++—+ +++— --++ ++—+--+
BCC -BCR
Eastern Whip -poor- Jill
JillPIP R
Will
++++ —+�� --++ —�-- �+ +++— --++ ++—+ — — — —
BCC Rangewide `■ m hL
(CON)
Gull -billed Tern _9W
BCC Rangewide ++++ --++—�'+'—++ —+—+ ++1+ +'—, +++— -- ++ ++—+ --+
(CON) .�0d■ NONE ■■0
King Rail Jill
"' ■ ■■■■
BCC Rangewide ++++ —+�� ��++ —�-- + ++�+ +'+� �—++ ++�+ ----
117
(CON)
Least Tern ++++ ++-- --++ - 11 IN -1-1 IIII 11-1 11+— --++ ++—+ ---+
— ---- ---- ---- ---
13 of 16

Project code: 2024-0141102 09/09/2024 13:04:13 UTC
BCC Rangewide
(CON)
Lesser Yellowlegs ++" '+ -11� + + 1$ +' "— --+' +— '—+
BCC Rangewide ++�� �� +— ++— + + �+ + + +
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Marbled Godwit ++ ++ + +++� �—
11
BCC Rangewide + (CON)
Painted Painted Bunting ++++ --++ ---""' [JMJ■ENEMA,
'±: `'�„++�—++
BCC -BCR
Pectoral Sandpiper
BCC Rangewide ++++ ++�� ��++ —�—+ +—+++—+ +++' ++—+ ++'——++ ++—+--+
(CON)
Prairie Warbler
BCC Rangewide
++++
(CON)
Prothonotary
Warbler
++++ ++�� --++Jill
�j —+
J iio� 1■11 ++—+ +++— --++ ++—+
BCC Rangewide
(CON)
Red-headed
Woodpecker
+'++ ++'— --++
---1 1—'+ —1-1
I" "
+1„ ++j '——++ ++—,--�
BCC Rangewide
mmm mmmm mmmm m
(CON)
Ruddy
1+1+ 1+-- -1+
-1-11-+1-+-+
+++1 +1111+1-1-+1 +i11 -�
BCRstone
Rusty Blackbird ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
BCC -BCR
Saltmazsh Sparrow � ���� �,�� �� '
BCC Rangewide ++++ ++�� --++ —�—+ + ` —+—+ ++++ ++— ++—--++'+—+ --+
(CON)
Semipalmated ++++ '1 1-11 �1—+ ++i1 +1-1 +11- 1-11 ++—+ —+ Sandpiper
BCC -BCR
Dowitbherd 11111+1- ­11--11-+1-+-1 +11111-11++-1-11 ++11-1-1
BCC Rangewide
(CON)
Whimbrel ++++ +'­++ —�-1 ++—, +++—--'+'+—+--+
BCC -BCR
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Wi
ller
Rangewide 11�11-111111 pill 111111111111 Jill —1-1
BCC
(CON)
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Project code: 2024-0141102 09/09/2024 13:04:13 UTC
Wilson's Plover
BCC Rangewide +++— --'+
(CON) ---
Wood Thrush Ilk
BCC Rangewide ++ +
(CON)
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• 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 birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
15 of 16

Project code: 2024-0141102
09/09/2024 13:04:13 UTC
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Kim Williams
Address:
3805 Wrightsville Avenue
Address Line 2: Suite 15
City: Wilmington
State: NC
Zip: 28403
Email [e-mail]
Phone: [phone]
16 of 16

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607
Phone: [phone] Fax: [phone]
In Reply Refer To: 09/17/2024 18:01:38 UTC
Project code: 2024-0145199
Project Name: McMullan Tract
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for 'McMullan Tract'
Dear Anna Roddam:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on September 17, 2024,
for 'McMullan Tract' (here forward, Project). This project has been assigned Project Code
2024-0145199 and all future correspondence should clearly reference this number. Please
carefully review this letter. Your Endangered Species Act (Act) requirements are not
complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis, your project is not reasonably certain
to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15
days of the date of this letter that your IPaC-assisted determination was incorrect, this letter
verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat.

Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
• American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
• Cooley's Meadowrue Thalictrum cooleyi Endangered
• Green Sea Turtle Chelonia mydas Threatened
• Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
• Leatherback Sea Turtle Dermochelys coriacea Endangered
• Magnificent Ramshorn Planorbella magni fica Endangered
• Monarch Butterfly Danaus plexippus Candidate
• Piping Plover Charadrius melodus Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
• Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
• Rufa Red Knot Calidris canutus rufa Threatened
• Tricolored Bat Perimyotis subflavus Proposed Endangered
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above. Note that if a new species is listed that may be affected by the
identified action before it is complete, additional review is recommended to ensure compliance
with the Endangered Species Act.
Next Step
Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds,
permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal
representative. Therefore, the ESA consultation status is incomplete and no project activities
should occur until consultation between the Service and the Federal action agency (or designated
non-federal representative), is completed.
As the federal agency or designated non-federal representative deems appropriate, they should
submit their determination of effects to the Service by doing the following.
1. Log into IPaC using an agency email account and click on My Projects, click "Search by
record locator" to find this Project using 166-149659769. (Alternatively, the originator of
the project in IPaC can add the agency representative to the project by using the Add
Member button on the project home page.)
2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to
ensure that they are accurate.
3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to
a concurrence letter. Download the concurrence letter for your files if needed.
DKey Version Publish Date: 07/09/2024
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Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2024-0145199 associated
with this Project.
DKey Version Publish Date: 07/09/2024 3 of 12

Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
McMullan Tract
2. Description
The following description was provided for the project 'McMullan Tract':
Residential Development
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/033.9365582,-78.43515093831085,14z
tr
IX
a
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Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis
septentrionalis).
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Your project overlaps with an area where northern long-eared bats may be present year-
round. Time -of -year restrictions may not be appropriate for your project due to bats being
active all year.
Do you understand that your project may impact bats at any time during the year and time -
of -year restrictions may not apply to your project?
Yes
3. The action area does not overlap with an area for which U.S. Fish and Wildlife Service
currently has data to support the presumption that the northern long-eared bat is present.
Are you aware of other data that indicates that northern long-eared bats (NLEB) are likely
to be present in the action area?
Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed NLEB acoustic detections. Data
on captures, roost tree use, and acoustic detections should post-date the year when white -
nose syndrome was detected in the relevant state. With this question, we are looking for
data that, for some reason, may have not yet been made available to U.S. Fish and Wildlife
Service.
No
4. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
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Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
7. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
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Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
10. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key
selected -definitions
No
11. Your project overlaps with an area where northern long-eared bats may be present year-
round.
Is suitable northern long-eared bat habitat present within 1000 feet of project activities?
Yes
12. Will the action cause effects to a bridge?
No
13. Will the action result in effects to a culvert or tunnel?
No
14. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
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Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
15. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
16. Will the action directly or indirectly cause construction of one or more new roads that are
open to the public?
Note: The answer may be yes when a publicly accessible road either (1) is constructed as part of the proposed
action or (2) would not occur but for the proposed action (i.e., the road construction is facilitated by the proposed
action but is not an explicit component of the project).
No
17. Will the action include or cause any construction or other activity that is reasonably certain
to increase average daily traffic on one or more existing roads?
Note: For federal actions, answer `yes' when the construction or operation of these facilities is either (1) part of
the federal action or (2) would not occur but for an action taken by a federal agency (federal permit, funding,
etc.). .
No
18. Will the action include or cause any construction or other activity that is reasonably certain
to increase the number of travel lanes on an existing thoroughfare?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
19. Will the proposed action involve the creation of a new water -borne contaminant source
(e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)?
No
20. Will the proposed action involve the creation of a new point source discharge from a
facility other than a water treatment plant or storm water system?
No
21. Will the action include drilling or blasting?
No
22. Will the action involve military training (e.g., smoke operations, obscurant operations,
exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)?
No
23. Will the proposed action involve the use of herbicide or other pesticides (e.g., fungicides,
insecticides, or rodenticides)?
No
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Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
24. Will the action include or cause activities that are reasonably certain to cause chronic
nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise
is noise that is continuous or occurs repeatedly again and again for a long time.
Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions
No
25. Does the action include, or is it reasonably certain to cause, the use of artificial lighting
within 1000 feet of suitable northern long-eared bat roosting habitat?
Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-assisted-determination-key-selected-definitions
No
26. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
Yes
27. Has a presence/probable absence summer bat survey targeting the northern long-eared bat
following the Service's Range -wide Indiana Bat and Northern Long -Eared Bat Survey
Guidelines been conducted within the project area? If unsure, answer "No."
No
28. Does the action include emergency cutting or trimming of hazard trees in order to remove
an imminent threat to human safety or property? See hazard tree note at the bottom of the
key for text that will be added to response letters
Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property
and has a diameter breast height of six inches or greater.
No
29. Are any of the trees proposed for cutting or other means of knocking down, bringing
down, topping, or trimming suitable for northern long-eared bat roosting (i.e., live trees
and/or snags >_3 inches dbh that have exfoliating bark, cracks, crevices, and/or cavities)?
Yes
30. [Semantic] Does your project intersect a known sensitive area for the northern long-eared
bat?
Note: The map queried for this question contains proprietary information and cannot be displayed. If you need
additional information, please contact your state agency or USFWS field office
Automatically answered
No
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Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
31. Your project overlaps with an area where northern long-eared bats may be present year-
round. To minimize or avoid impacts to the northern long-eared bat, all activities affecting
trees should not occur from December 15th to February 15th and April 15th to July 30th.
Will any project activites occur from December 15th to February 15th and/or April 15th to
July 30th.
No
32. Will the action cause trees to be cut, knocked down, or otherwise brought down across an
area greater than 1 acre?
No
33. Will the action result in the use of prescribed fire?
No
34. Will the action cause noises that are louder than ambient baseline noises within the action
area?
Yes
35. Your project overlaps with an area where northern long-eared bats may be present year-
round. To minimize or avoid impacts to the northern long-eared bat, all activities causing
noise louder than anthropogenic noise to which the affected habitat is currently exposed
should not occur from December 15th to February 15th and April 15th to July 30th.
Will any project activites occur from December 15th to February 15th and/or April 15th to
July 30th?
No
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Project code: 2024-0145199 IPaC Record Locator: 166-149659769 09/17/2024 18:01:38 UTC
PROJECT QUESTIONNAIRE
Will all project activities by completed by November 30, 2024?
No
Enter the extent of the action area (in acres) from which trees will be removed - round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
0.5
Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at
breast height, dbh) be cut, knocked, or brought down from any portion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre.
Yes
Enter the extent of the action area (in acres) from which all potential NLEB roost trees will
be removed. If all NLEB roost trees will be removed from multiple areas, entire the total
extent of those areas. Round up to the nearest tenth of an acre.
0.5
For the area from which all potential northern long-eared bat (NLEB) roost trees will be
removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed
to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are
removed will be developed or otherwise converted to non -forest for the foreseeable future.
0
Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which
all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought
down?
W
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Project code: 2024-0145199 IPaC Record Locator: 166-149659769
09/17/2024 18:01:38 UTC
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Anna Roddam
Address:
3805 Wrightsville Ave, Suite 15
City:
Wilmington
State:
NC
Zip:
28403
Email
[e-mail]
Phone:
8438101722
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: David Moose
Email: [e-mail]
DKey Version Publish Date: 07/09/2024 12 of 12

RCW SLOPES Manual — North Carolina
March 2022
US Army Corps
of Engineers
Appendix B — Red -cockaded Woodpecker Effects Determination Key
McMullan Tract
ORM2 No.: Date
USFWS Reference No. (if applicable):
1) Is the action areal located within the RCW consultation area (see Appendix A and project -specific
results from a project -specific IPaC or internal USACE GIS review)?
a) Yes......................................................................................................................................... go to 2
b) No...................................................................................................................................... No effectZ
2) Is the action areal located in the northeastern coastal plain (see Appendix A)?
a) Yes.......................................................................................................................................... go to 3
b) No (the project is located in piedmont, sandhills, or southeastern coastal plain).................go to 4
3) Is the action areal located in a forested area with pine trees present in northeast North Carolina (e.g.,
high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe
evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes,
are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table
1 for a description of the minimum dbh of 30-year-old pines associated with each community type).
If the answer to both of these questions is yes, choose Yes below. If the answer to one or both
questions is no, then choose No below.
a) Yes.......................................................................................................................................... go to 8
b) No...................................................................................................................................... No effectZ
4) Is the action areal located within suitable RCW foraging or nesting habitat (pine or pine/hardwood
stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30
years of age or older or >_8-inches dbh')?
a) Yes.......................................................................................................................................... go to 5
b) No...................................................................................................................................... No effectZ
5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh; or will any
activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a
cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office.
a) Yes (to one or both)............................................................................................................... go to 6
b) No............................................................................................................................................ NLAA'
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RCW SLOPES Manual — North Carolina
March 2022
6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or
pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including
but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes........................................................................................................................................... go to 9
b) No............................................................................................................................................goto7
7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be
impacted by any activity in the action areal?
a) Yes......................................................................................................................................... go to 9
b) No............................................................................................................................................ NLAA3
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal.
Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in
the action areal, or is the action areal within 200 feet of a cavity tree? If the answer to either of these
questions is yes, choose Yes below. If unable to determine the location of a cavity tree with
confidence, then contact the USFWS Raleigh Field Office.
a) Yes......................................................................................................................................... go to 9
b) No............................................................................................................................................ NLAA3
9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey
is necessary (for a list of USACE representatives please see the contact list at http://saw-
reg.usace.army.mil/FO/PM List.pdf). Note that project -specific information, such as a delineation of
waters of the U.S., project plans, and details concerning certain activities on disturbances that would
occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may
be needed for the USACE to determine the action area(s)l of the project. If a survey is required and
agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action areal should
be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is
unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such
surveys are conducted by running line transects through stands and visually inspecting all medium-
sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all
trees are inspected and are run north -south.
Was a survey performed? Yes. Please see 'Additional Information' section below.
a) Yes, a survey was performed, and RCW cavity trees were observed .................................... go to 10
b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the
results (no RCW cavity trees were observed).......................................................................... NLAA3
c) No, the USACE determined that a survey was not required and the USFWS
concurred................................................................................................................................. NLAA3
d) No, a survey was not performed....................................................................Consultation required'
10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest
management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or
damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then
consultation is required.
a) Yes.................................................................................................................Consultation required'
b) No......................................................................................................................................... go to 11
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RCW SLOPES Manual — North Carolina
March 2022
11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat
would remain for each RCW group post -project? For information on how to conduct an FHA', refer to
the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.'
a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred that
adequate amounts of foraging habitat would remain post -project ...................................... NLAA3
b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined
inadequate amounts of foraging habitat would remain post -project Consultation required'
c) No, an FHA' has not been conducted..........................................................Consultation required'
'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved
in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action.
For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.miI/FO/PMList.pdf.
'No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if
applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the
project as described.
3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if
applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh
and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits,
submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations.
4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey
protocol (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/survey protocol.pdf)
-'Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the
contact list at http://saw-reg.usace.army.miI/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville
Ecological Services field offices is necessary to discern if the activity would result in a "no effect," "not likely to adversely affect,"
or "likely to adversely affect" determination.
6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecovery/matrix.html) and for
determining foraging habitat availability(https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf).
'Follow link for additional information regarding determination for adequate amount of foraging habitat
(https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf).
8 FHA —When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence.
Additional Information
Most of the forested areas within the site consist of young, dense loblolly or pond pines. A review of
aerials shows that uplands and some wetlands in the eastern portion of the site were timbered around
2006 and the southwestern part of the tract was cleared around 2008. Pines within these areas are too
young to provide suitable nesting or foraging habitat for the RCW. However, a small area in the
northwestern part of the site supports a canopy of mature longleaf and loblolly pines with a fairly open
understory/shrub layer. An RCW survey was conducted by DRG staff within this area. No cavities or
RCWs were observed. This area is only —10 acres in size and is likely too small to provide suitable
habitat for the species.
14