20211134 Ver 1_ePCN Application_20210719

DWR
Dlrlslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
June 1, 2021 Ver4.1
Initial Review
Has this project met the requirements for acceptance in to the review process?*
r Yes
r No
Is this project a public transportation project?*
r Yes r No
Change only if needed.
BIMS # Assigned
20211134
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:eads\hasnider
Information for Initial Review
la. Name of project:
COURTESY COPY Downey Branch Stream Bank Restoration Project
la. Who is the Primary Contact?*
Kim Williams - Land Management Group
1b. Primary Contact Email:*
[e-mail]
Date Submitted
7/19/2021
Nearest Body of Water
UT of Burnt Mill Creek
Basin
Cape Fear
Water Classification
C; Sw
Site Coordinates
Latitude: Longitude:
34.222756-77.895657
A. Processing Information
County (or Counties) where the project is located:
New Hanover
Is this a NCDMS Project
r Yes r No
Is this project a public transportation project?*
r Yes r No
Pre -Filing Meeting Information
Version#*
1
Reviewing Office*
Wilmington Regional Office - [phone]
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
IT Yes r No

1a. Type(s) of approval sought from the Corps:
W Section 404 Permit (wetlands, streams and waters, Clean Water Act)
r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
r Yes
r No
1b. What type(s) of permit(s) do you wish to seek authorization?
W Nationwide Permit (NWP)
r Regional General Permit (RGP)
r Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
r Yes r No
Nationwide Permit (NWP) Number: 13 - Bank Stabilization
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - Regular r 401 Water Quality Certification - Express
r Non-404 Jurisdictional General Permit r Riparian Buffer Authorization
r Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification: r Yes r No
For the record onlyfor Corps Permit: r Yes r No
1f. Is this an after -the -fact permit application?*
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
r Yes r No
1h. Is the project located in any of NC's twenty coastal counties?
r Yes r No
11. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
r Owner W Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
r Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
See attached
2b. Deed book and page no.:
2c.Contact Person
2d.Address

Street Address
See attached
Address Line 2
City
State / Rwince / Ifgion
Wilmington
NC
Postal / Zip Code
Country
28403
USA
2e. Telephone Number:
2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Fredric T. Royal, PE; Stormwater Services Manager
3b. Business Name:
City of Wilmington; Public Services Department
3c.Address
Street Address
PO Box1810
Address Line 2
city
Slate / Rmince / Fbgion
Wilmington
NC
Postal / Zip Code
Country
28402-1810
USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Land Management Group
4c.Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
(Sty
State / Rmince / Fegion
Wilmington
NC
Postal / Zip Code
Country
28403
USA
4d. Telephone Number: 4e. Fax Number:
[phone] [phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
N/A
1c. Nearest municipality/ town:
Wilmington
2. Project Identification
V

2a. Property Identification Number:
R05514-001-037-000; R05514-001-029-120
2b. Property size:
0.86
2c. Project Address
Street Address
Off Downey Branch Lane
Address Line 2
City
Wilmington
Postal / Zip Cork
28403
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
UT of Burnt Mill Creek
3b. Water Resources Classification of nearest receiving water:*
C; Sw
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300070808
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The project area consists of a portion of a UT to Burnt Mill Creek located southwest of the intersection of Wilshire Boulevard and Jennings Drive. The stream is located between Wilshire
Townhomes and Birch Creek condos. The centerline of this stream segment has shifted to the south and is eroding the southern bank. This bank is nowvertical and areas near the
townhomes' parking lot/trash bin to the south are compromised. Additionally, sediment is falling into the stream, affecting water quality. The project area is located within a general utility
easement.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No r Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
N/A
4g. List the total estimated linear feet of all existing streams on the property:
- 500 LF
4h. Explain the purpose of the proposed project:*
The purpose of the project is to stabilize the stream and to prevent further stream bank erosion.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project proposes to realign the centerline of the stream in order to move it away from structures and parking areas. Stream banks will also be recontoured using soil lifts to provide
a more gradual and stable slope. The contractor will first install erosion control measures. An impervious dike will be constructed on the upstream side of the existing channel and a
temporary bypass pump will be installed to divert water around the construction area. An impervious dike will then be installed on the downstream side and the construction area will be
dewatered into a dewatering basin until the sediment has settled and water can be discharged back into the stream. If there is water between the dikes, it will be pumped through silt
bags before re-entering the stream. An energy dissipator (rip rap) will also be placed at the discharge point to avoid erosion. At that point, the stream repair will begin.
A 4-ft wide rock foundation will first be installed on both sides of the new channel belowthe stream invert. Then soil taken from the site will be compacted, seeded, and wrapped in coir
fiber matting to form each lift (at 1.5:1 slope). The soil lift matting will then be secured in place using wooden stakes. Live stakes will also be installed. Additionally, two riprap-lined
swales will also be installed where stormwater pipes are currently located. Proposed channel dimensions and upland staging area are shown in the attached erosion control drawings.
Standard construction equipment will be used.
The project will result in temporary impacts to 418 LF of stream, which includes approximately 300 LF of channel realignment and 118 LF for temporary erosion control measures (pump
around devices and energy dissipator).
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r: Yes r No r Unknown
Comments:
Project area consists of a stream and adjacent uplands.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Kim Williams

Agency/Consultant Company: Land Management Group
Other:
6. Future Project Plans
6a. Is this a phased project?*
r Yes r No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity?
No
FD_ Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
r Wetlands W Streams -tributaries F Buffers
r Open Waters r Pond Construction
3. Stream Impacts
3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * �3f. Type of ]3g.S.width* 3h. Impact
(?) Jurisdiction* length*
Stream Bank Stabilization Tem ora Bank Stabilization :]E—e:yBranch Perennial Both h;;1�(1l'8__f_)
i1 P ry
31. Total jurisdictional ditch impact in square feet
0
3i. Total permanent stream impacts: 31. Total temporary stream impacts:
0 418
31. Total stream and ditch impacts:
418
31. Comments:
Impacts include — 300 LF of channel realignment and 118 LF of temporary erosion control measures (pump around devices and energy dissipator).
E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Stream impacts are temporary in nature and are needed to shift the centerline within the existing stream footprint and stabilize banks. The proposed
activity will result in an overall improvement to stream water quality and will alleviate safety concerns to the adjacent development.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The contractor will use erosion control methods including a pump around device during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
r Yes r No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Impacts are temporary and needed to stabilize stream banks.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
r Yes r No
If no, explain why:
Site is located within the Cape Fear River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
r Yes r No

2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
r Yes r No
Comments:
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
U
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
r Yes r No
Comments:*
No EA was required for this project. The project is funded by the City of Wilmington.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
r Yes r No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
r Yes r No
3b. If you answered "no," provide a short narrative description.
Project will stabilize stream banks and will not provide utilities or access to other tracts.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
r Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
r Yes r No
5d. Is another Federal agency involved?*
r Yes r No r Unknown
5e. Is this a DOT project located within Division's 1-8?
r Yes r No
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
r Yes r No
5g. Does this project involve bridge maintenance or removal?
r Yes r No
5h. Does this project involve the construction/installation of a wind turbine(s)?'
r Yes r No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
r Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program database was used to determine the known presence of rare species. No federally listed species are known to
occur on the site. The northern long eared bat is known to occur within one mile of the site. Forested areas adjacent to the stream may provide
suitable roosting habitat for the northern long eared bat. Although the NLEB is known to occur in New Hanover County, no roost trees have been
identified within the county. The t1SFWS IPaC database was also reviewed. Most of the species identified in that review are coastal and this site would
not provide suitable habitat for them. The American alligator may be found further downstream in Burnt Mill Creek. But the stream within the project
area is likely too small to provide suitable habitat for the species. Woody vegetation within the site is a mix of hardwoods and pines and would not
provide suitable habitat for the red cockaded woodpecker. Furthermore, the site does not provide suitable habitat for the magnificent ramshorn or the
listed plant species. Therefore, no impacts to federally listed species are anticipated.

6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
r Yes r No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
r Yes r No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of cultural or historic resources. No
resources are noted within or adjacent to the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-yearfloodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center website
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one
file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button a drag and drop files here to attach document
Downey Branch PCN Attachments.pdf 7.71 MB
File rust be FTF or lIaV
Comments
Signature
*
W By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Kim Williams
Signature
Date
7/19/2021

LMG
LAND MANAGEMENT GROUP
a DAVEY. company
July 19, 2021
TO: US Army Corps of Engineers NC Division of Water Resources
69 Darlington Avenue 127 Cardinal Drive Extension
Wilmington, NC 28403 Wilmington, NC 28405
RE: Downey Branch Stream Bank Restoration; New Hanover County, NC
NWP 13 Application
To Whom It May Concern:
On behalf of City of Wilmington Public Services Department, Land Management Group is submitting
a Pre -Construction Notification form and associated attachments for the Downey Branch Stream
Bank Restoration project, located off Downey Branch Lane in Wilmington, NC. The purpose of the
project is to stabilize an eroding section of this stream and to prevent further stream bank erosion.
The project proposes to realign the centerline of the stream in order to move it away from structures
and parking areas. Stream banks will also be recontoured using soil lifts to provide a more gradual
and stable slope. Sedimentation and erosion control measures will be implemented and a temporary
bypass pump will be installed to divert water around the construction area during construction. The
project will result in temporary impacts to 418 LF of stream, which includes approximately 300 LF of
channel realignment and 118 LF for temporary erosion control measures. Additionally, two riprap-
lined swales will also be installed where stormwater pipes are currently located. The project area is
located within a general utility easement.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
�U_U4�_
Kim Williams
Environmental Scientist
Encl.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

Downey Branch Stream Bank Restoration
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. 2020 Aerial Photograph
Figure 5. Proposed Impact Map
3.0 EROSION CONTROL DRAWINGS
G-02 — G-04. Erosion Control Notes
C-01. Existing Conditions Map
C-10. Final Site Plan
C-11. Typical Sections
C-12 Cross Sections
C-20. Erosion Control Details
4.0 LANDOWNER INFORMATION
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Review Letter
USFWS IPaC Letter
6.0 SITE PHOTOS

1.0 AGENT AUTHORIZATION FORM

4� LMG
LAND MANAGEMENT GROUP
a DAVEA company
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Downey Branch Stream Restoration project located in New Hanover County, NC. All
questions regarding this project should be directed to Land Management Group.
Sincerely,
r
Applicant
Print Name
D e
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
380S 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. 2020 Aerial Photograph
Figure 5. Proposed Impact Map

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Figure 1.
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Wilmington, NC 28403
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Stream Restoration Project
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Figure 2.
LAND
MANAGEMENTGROUP
a DAVEA— company
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July 2021
3805 Wrightsville Avenue
LMGR21.004
Wilmington, NC 28403
[phone]

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Stream Restoration Project
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Figure 3.
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July 2021
3805 Wrightsville Avenue
LMGR21.004
Wilmington, NC 28403
[phone]

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Stream Restoration Project
New Hanover County, NC
July 2021
LM G R21.004
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LAND MANAGEMENT GROUP
a DAVEA— company
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Wilmington, NC 28403
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3.0 EROSION CONTROL DRAWINGS
G-02 — G-04. Erosion Control Notes
C-01.
Existing Conditions Map
C-10.
Final Site Plan
C-11.
Typical Sections
C-12
Cross Sections
C-20.
Erosion Control Details

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4.0 LANDOWNER INFORMATION

PROPERTY OWNERS
NOTE: The City of Wilmington has a general utility easement throughout project area, as
depicted on the site plan.
R05514-001-037-000
974 DOWNEY BRANCH LN
hi1/1161MMI10aCOMM 01.Eel ► M1MM1NL\1►10
R05514-001-029-120
990 BIRCH CREEK DR
BIRCH CREEK PARTNERSHIP

5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Review Letter
USFWS IPaC Letter

IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical habitat
(collectively referred to as trustresources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below. The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site -specific (e.g., vegetation/species surveys) and project -specific (e.g., magnitude and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s) with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional
information applicable to the trust resources addressed in that section.
or,
Location
% \V 11116 If -
New Hanover County, North Carolina
v�NJ
Local office
Raleigh Ecological Services Field Office
[phone]
lJ3 [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, INC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, INC 27606-1487

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

Mammals
NAME
Northern Long-eared Bat Myotis septentrionalis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws. og v/ecp/species/9045
West Indian Manatee Trichechus manatus
Wherever found
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/4469
STATUS
Threatened
Threatened
Marine mammal
Birds
NAME STATUS
Eastern Black Rail Late rallusjamaice nsis ssp. jamaicensis Thatened
Wherever found
No critical habitat has been designated for this species. A
https://ecos.fws.gov/ecp/species/10477
Piping Plover Charadrius melodus
Threatened
There is final critical habitat for this specie hOloca';�\fthe
critical habitat is not available.
htt s://ecos.fws. ov/ec /s ecie 9
11;(k
Red Knot Calidris canutus rufa
Threatened
Wherever found #
No critical habitat hs, been designated for this species.
https://ecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws. og v/ecp/species/7614
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws. og v/ecp/species/776

Green Sea Turtle Chelonia mydas Threatened
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws. og v/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
Wherever found
There is proposed critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
Wherever found
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
There is final critical habitat for this species. The location of the
Endangered
Threatened
critical habitat is not available. #
https://ecos.fws.gov/ecp/species/1110
Snails lob
NAME .0 STATUS
Magnificent Ramshorn Planorbella magnifica
Wherever found
No critical habitat has been designated for this species.
htt s://ecos.f s. ov/ec /s ecies/6216
.OMA
Flowering Plants
NAM E
Cooley's Meadowrue Thalictrum cooleyi
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3281
Golden Sedge Carex lutea
Wherever found
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/6025
Candidate
STATUS
Endangered
Endangered

Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws. og v/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws. og v/ecp/species/8549
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds C�)
Certain birds are protected under the Migratory Bird Treaty Act
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 below.
1. The Migratory csirds i reaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
htto://WWW.fWS.gov/birds/management/oroiect-assessment-tools-and-guidance/
conservation-measures.php
Nationwide conservation measures for birds
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
a rea.
NAME
BREEDING SEASON (IFA
..................................................................
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
.....................................................................................
BIRD MAY BREED IN YOUR
.......................................................................
PROJECT AREA SOMETI
........................................................................ ... .......
THE TIMEFRAME SPECIFIED,
WHICH IS AMERY LIBERAL
......................................................................
ESTIMATE OF THE DATES INSIDE
............................................... w....................................
WHICH THE BIRD BREEDS ACROSS
TS ENTIREkANGE. "BREEDS
HERE INDICATES THAT THE
.........................................................................................
BIRD DOES NOT LIKELY BREED IN
..........................................................................................
YOUR PROJECT AREA.)
American Kestrel Falco sparverius paulus� Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliatus Breeds Apr 15 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
t ;//ecls.fws. ov/ec /s ecies/8935
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1626
Black Skimmer Rynchops niger Breeds May 20 to Sep 15
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws. og v/ecp/species/5234

Clapper Rail Rallus crepitans
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Dunlin Calidris alpina arcticola
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
King Rail Rallus elegans
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8936
Least Tern Sterna antillarum
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Lesser Yellowlegs Tringa flavipes
Breeds Apr 10 to Oct 31
Breeds elsewhere
Breeds May 1 to Sep 5
Breeds Apr 20 to Sep 10
Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range in #
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9679
Nelsons Sparrow Ammodramus nelsoni Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Seaside Sparrow Ammodramus maritimus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds Apr 1 to Jul 31
Breeds May 10 to Sep 10
Breeds elsewhere
Breeds May 10 to Aug 20

Semipalmated Sandpiper Calidris pusilla
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Breeds elsewhere
Breeds Apr 20 to Aug 5
Breeds May 10 to Aug 31
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 migratory birds potentially occurring 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 AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring
in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian
Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science
datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?

To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-
round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if
you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If
a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is
indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
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.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional information on
marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle
Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority
concern. To learn more about how your list is generated, and see options for identifying what other birds may be in
your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in
my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km
grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a
red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of
presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack
of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting
point for identifying what birds of concern have the potential to be in your project area, when they might be there,
and if they might be breeding (which means nests might be present). The list helps you know what to look for to

confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize
potential impacts from your project activities, should presence be confirmed. To learn more about conservation
measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to
migratory birds" at the bottom of your migratory bird trust resources page.

Marine mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected
under the Endangered Species Act
and the Convention on International Trade in Endangered Species of Wild Fauna and Flora?.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees,
and dugongs] and NOAA Fisheries
1 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the
responsibility of NOAA Fisheries are not shown on this list; for additional information on those
species please visit the Marine Mammals page of the NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take (to harass, hunt, capture, kill, or attempt to
harass, hunt, capture or kill) of marine mammals and further coordination may be necessaryaff
project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown.
1. The Endangered Species Act (ESA) of 1973.
2. The Convention on International Trade in Endangered Species of Wild Faun and Flora (CITES) is a
treaty to ensure that international trade in plants and animals does not threaten their survival in
the wild.
3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following marine mammals under the responsibility of the U.S. Fish and Wildlife Service are
potentially affected by activities in this location:
NAME
Ir
West Indian Manatl"ric us manatus
https://ecos.fws.gov/ecp/species/4469
V4\4�,k
Facilities
National Wildlife Refuge lands
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 ATTHIS LOCATION.

Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to update
our NWI data set. We recommend you verify these results with a site visit to determine the actual
extent of wetlands on site. V*011
This location overlaps the following wetlands:
RIVERINE
R4SBC .
A full description for each wetland code can be found at the National Wetlands Inventory website
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the
use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this

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

monew NC DEPARTMENT OF
-r e
on-r ■n NATURAL AND CULTURAL RESOURCES
■ ■Tx■
July 15, 2021
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Downey Branch Stream Restoration
Dear Kim Williams:
Ray Cooper, Governor
D. Reid Wilsan, Secretary
Waiter Clark
Director, division of Land and Water Stewardship
NCNHDE-15126
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W JON S STREET. RALEIGI I_ NC 27603 - 16Sl MA11L SERVICE CENTER. PALEIGW. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9121

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6.0 SITE PHOTOS

Downey Branch Stream Bank Restoration
Section 6 — Site Photos
Looking east along eroded stream with vertical bank
View of eroded stream bank looking south from north side of channel

Downey Branch Stream Bank Restoration
Section 6 — Site Photos
View of eroding bank
View of eroding bank

Downey Branch Stream Bank Restoration
Section 6 — Site Photos
Looking west along channel at eroding bank and trash bin/parking area (behind fence)