20090120 Ver 3_ePCN Application_20210903

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
20090120
Is a payment required for this project?*
r No payment required
r Fee received
r Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
'Information for Initial Review
la. Name of project:
The Bluffs on the Cape Fear
la. Who is the Primary Contact?*
Kim Williams - Land Management Group
1b. Primary Contact Email:*
[e-mail]
Date Submitted
9/3/2021
Nearest Body of Water
Cape Fear River
Basin
Cape Fear
Water Classification
C; Sw
Site Coordinates
Latitude: Longitude:
34.333180-78.065839
A. Processing Information
County (or Counties) where the project is located:
Brunswick
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#*
3
What amout is owed?*
IT $240.00
r $570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
1c. Primary Contact Phone:*
[phone]
Is this a courtesy copy notification?*
r Yes r No

ID#
20090120
Pre -fling Meeting or Request Date
7/8/2021
Attach documentation of Pre -Filing Meeting Request here:
nick the upload button or drag and drop files here to attach document
Pre -Filing Request.pdf
File type mast be FCF
1a. Type(s) of approval sought from the Corps:
V 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:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
r Non-404 Jurisdictional General Permit
r Individual 401 Water Quality Certification
Version
3
29 - Residential Developments
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR401 Certification:
For the record only for Corps Permit:
47.13KB
r 401 Water Quality Certification - Egress
r Riparian Buffer Authorization
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
1i. 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 9 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:
Bluffs Investments LLC
2b. Deed book and page no.:
r Yes r No
r Yes r No

2c. Contact Person:
Doug Talbot
2d.Address
Street Address
145 Brookline Drive
Address tine 2
city
Pinehurst
Postal / Zip Code
28374
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Doug Talbot
3b. Business Name:
River Bluff Holdings II
3c.Address
Street Address
PO Box4937
Address tine 2
city
Pinehurst
Postal / Zip Code
28374
3d. Telephone 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
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
State / Rovince / Region
NC
Country
USA
2f. Fax Number:
State / Rovince / Region
NC
Country
USA
3e. Fax Number:
State / Rovince / Region
NC
Country
USA
4e. Fax Number:
[phone]
C. Project Information and Prior Project History U
1. Project Information
1b. Subdivision name:
(d appropriate)
The Bluffs on the Cape Fear
1c. Nearest municipality/ town:
Leland

2. Project Identification
2a. Property Identification Number:
0100003012;01000030;00600020
2c. Project Address
Street Address
Fallen Pear Lane NE
Address Line 2
City
Leland
Rstal / Zip Cade
28451
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Cape Fear River
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.
030300050501
4. Project Description and History
2b. Property size:
585 (total subdivision)
State / Rovince / Pagion
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is an existing residential subdivision. Some phases have been completed and others are currently under construction or are still forested and undeveloped.
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
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
A CAMA Major permit (62-09), GP 291 (2006-32722), and 401 WQC (2009-0120) have been obtained for the marina within the site. Additionally, the applicant has obtained a No Permit
Required letter from the USACE for bridge construction.
4f. List the total estimated acreage of all existing wetlands on the property:
227
4g. List the total estimated linear feet of all existing streams on the property:
4h. Explain the purpose of the proposed project:*
The purpose of the project is to provide residential homes to the community. Wetland impacts are needed to install roads and utilities to access lots in Phases 3, 4, and 5 of the epsting
Bluffs on the Cape Fear residential subdivision.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project includes the construction of Phases 3, 4, and 5 of the epsting Bluffs residential subidivision. These phases will have approbmately 270 single-family lots. Stormwater ponds
are planned throughout the site as well. Roads will cross wetlands in several places. The applicant has crossed several of these wetlands using bridges. However, because of increases
in lumber prices, it is not economically feasible to cross all wetlands with bridges. Three crossings will be crossed using culverts/fill. Culvert sizing has not yet been determined.
The limits of disturbance will be cleared of vegetation and graded. Utilities and storm%ater facilities will be installed. Homes will then be constructed. Track hoe, loader, dump truck, bob
cat, and other standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes r No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
r Preliminary r Approved f Not Verified r Unknown r NIA
Corps AID Number:
SAW-2006-32722
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Paul Farley
C7 Unknown
Agency/Consultant Company: LMG

Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The last JD for this site was issued in 2008. However it is still active since the GP 291 is still active. Also note that LMG has spot checked several sections of the site over the years.
6. Future Project Plans
6a. Is this a phased project?*
r Yes O No
6b. If yes, explain.
The developer has been completing this subdivision in phases.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
W Wetlands f Streams -tributaries r Buffers
r Open Waters r Pond Construction
2. Wetland Impacts
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition*(?)
2g. Impact
area
1
road crossing
P
ffRiverine Swamp Forest
WA
Yes
Both
0.185
(acres)
road crossing
P
ffRiverine Swamp Forest
WA
Yes
Both
0.094
(acres)
road crossing
P
ffRiverine Swamp Forest
WA
Yes
Both
0.077
(acres)
road crossing
P
fon-Riverine Swamp Forest
�NVA
Yes
Both
0.045
(acres)
road crossing
P
Riverine Swamp Forest
fo­
WA
Yes
Both
0.065
__]
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.466
21. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.466
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The developer has avoided previous impacts by constructing several bridges within the development and several more bridges are planned. However,
with rising lumber costs, it became economically infeasible to bridge all of the wetland crossings.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A sedimentation and erosion control permit and stormwater permit have been obtained.
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
2c. If yes, mitigation is required by (check all that apply):
r DWR W Corps
2d. If yes, which mitigation option(s) will be used for this project?
W Mitigation bank r Payment to in -lieu fee r Permittee Responsible
program Mitigation
LU'

3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type: Quantity:
Non -riparian wetland 0.9
3c. Comments
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 in 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 15ANCAC 02H .1003(2)?
r Yes r No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
r Yes r No
r N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
r Local Government R State
State Stormwater Programs
W Phase II P Coastal Counties
r HWO or ORW r Other
Comments:
Project engineer has obtained stormweter permits for the subdivision.
Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
r Yes r No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
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 not provide access or utilities to adjacent tracts. No additional impacts are anticipated within the site.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
r Yes r Nor N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated
at a treatment plant, list the capacity available at that plant.

The subdivision ties into the local wastewater system.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
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
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
r Unknown
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
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 reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur Within the site. The shortnose sturgeon and Atlantic sturgeon are known to occur within one mile of
the site, likely within the Cape Fear River adjacent to the site. The USFWS IPaC database was also reviewed and several species were identified as
potentially occurring in the region. Many of these species require coastal and/or marine habitat and would not be found within the site. Channels on
site do not appear to be large enough to provide suitable habitat for the American alligator. Forested areas within the site may provide suitable
roosting habitat for the northern long-eared bat. Since no hibernacula or maternity roosting trees are known to occur in the area, any adverse effect
from tree clearing would be exempt by the 4(d) rule. The site does not appear to provide suitable habitat for any other species known to occur in the
area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
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 known cultural or historic
resources. No cultural or historical resources were noted within or adjacent to the site.
Note that a survey of cultural resources was completed by Brockington and Associates, Inc. in February 2007 in association with the EA that was
prepared for the marina project. The survey area was limited to the near -shore areas, beginning along the Cape Fear River shoreline and extending
south 600 It, approximately 74 acres. Research efforts included a reviewof archaeological files at the Office of State Archaeology (OSA) in Raleigh as
well as an on -site field survey. A total of eight new archaeological sites and one previously recorded site were identified. All new sites were determined
to be ineligible for the National Register of Historic Places (NRHP). Brockington and Associates, Inc. concluded that no further management of cultural
resources was necessary within the study area of the subject property.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
r Yes r No
8b. If yes, explain how project meets FEMA requirements:
Engineer will ensure that FEMA requirements are met.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center website was reviewed.
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.

dick the upload button or drag and drop files here to attach document
Attachments.pdf
File rrust be FOF a K,&
11.96MB
Comments
Signature
® 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
C YLtII 611 �'i�
Date
9/3/2021

Contact Name* Kim Williams - Land Management Group
Contact Email Address* [e-mail]
Project Owner* Doug Talbot
Project Name* The Bluffs
Project County* Brunswick
Owner Address:* Street Address
PO Box 4937
Address Line 2
aty
State / Province / Pegion
Pinehurst
NC
Postal / Zip axle
Country
28374
USA
Is this a transportation project?* C Yes c: No
Type(s) of approval sought from the DWR:
W 401 Water Quality Certification - F- 401 Water Quality Certification -
Regular Express
F- Individual Permit F- Modification
F- Shoreline Stabilization
Does this project have an existing project ID#?*
C Yes c: No
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below and include location information.*
The developer plans to construct 3 road crossings across wetlands to
provide access to platted lots within the existing subdivision.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
I also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.

Signature *
Submittal Date 7/8/2021

ZLMG
LAND MANAGEMENT GROUP
a DAVEA company
TO:
7�
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
September 3, 2021
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
The Bluffs on the Cape Fear; Brunswick County, NC
NWP 29 Application
Action ID# SAW-2006-32722
DWR Project # 2009-0120
To Whom It May Concern:
On behalf of The Bluffs on the Cape Fear, Land Management Group is submitting a Pre -Construction
Notification form and associated attachments for the Bluffs on the Cape Fear residential subdivision,
located off Fallen Pair Lane in Leland, NC. The purpose of the project is to construct a residential
subdivision within the tract to serve the housing needs of Brunswick County.
The project proposes to impact 0.466 acre of jurisdictional wetlands for road crossings to provide
access throughout the site. The applicant proposes to purchase 0.9 acre of wetland credit from the
Lower Cape Fear Umbrella Mitigation Bank to compensate for these impacts. Their credit reservation
letter will be forwarded to you as soon as it is received.
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.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

The Bluffs on the Cape Fear
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
Sheet 1. Master Plan of Development
Sheet 2. Site Plan of Proposed Impacts
Sheet 3-5. Close Up Views & Cross Sections
4.0 WETLAND AND PERMIT INFORMATION
2008 Wetland Survey and JD
Valid CAMA Major and GP 291
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List

1.0 AGENT AUTHORIZATION FORM

4LMG
LAND MANAGEMENT GROUP
a tkmfEYj#. company
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
llwe, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/40 i permit application
for The Bluffs subdivision located in Brunswick County, NC. All questions regarding this
project should be directed to Land Management Group.
Sincerely,
Print Name
Date
www.lmgroup.net • inra(qJ-tmgroup.net • Phone: [phone] • Fax. [phone]
3805 wrlghtswiile 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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N
Boundaries are approximate and not meant to be absolute. 0 1 2 4
M112S
Map Source: World Street Map
The Bluffs on the Cape Fear Brunswick County, NCFigure 1.
4LMG
,
a DAVEA company Vicinity Map
August 2021 3805 Wrightsville Avenue
LMG19.036 Wilmington, NC 28403
[phone]

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Map Source: Topographic Mosaic for Brunswick County
The Bluffs on the Cape Fear
Brunswick County, NC
August 2021
LMG 19.036
ZLMG
LANE) MANAGE WNT GROUP
a DAVEY#. company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
N
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Figure 2.
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The Bluffs on the Cape Fear Brunswick County, NC Figure 3.
4LMG
GSoils Map
August 2021 a DAVEY#- campany
3805 Wrightsville Avenue
LMG19.036 Wilmington, NC 28403
[phone]

3.0 SITE PLAN DRAWINGS
Sheet 1. Master Plan of Development
Sheet 2. Site Plan of Proposed Impacts
Sheet 3-5. Close Up Views & Cross Sections

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NOTES:
1. BASE CAD FILE FROM MCKIM & CREED.
2. PRELIMINARY; FOR ENVIRONMENTAL PERMITTING ONLY.
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4.0 WETLAND AND PERMIT INFORMATION
2008 Wetland Survey and JD
Valid CAMA Major and GP 291

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2006-32722 County: Brunswick U.S.G.S. Quad: Leland
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: River Bluff Holdings, LLC
Address: I I I l Military Cutoff Road
Suite 302
Wilmington, North Carolina 28405
Telephone No.:
Property description:
Size (acres) 593.88 Nearest Town Leland
Nearest Waterway Cane Fear River River Basin Cane Fear River
USGS HUC 03030005 Coordinates N 33.3334 W 78.06662
Location description The tract is located north of Mt. Misery Road, east of Hooper Road, in wetlands adiacent to the
Cape Fear River, northwest of Leland, Brunswick County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. Approved Determination
X There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of
this notification.
X There are 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 the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The wetland on your property have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
X The 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 3/3/2008. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to determine
their requirements.
Page 1 of 2

<°fiction 1D: �, _ & _, -)-
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Jennifer Frye at 910-251-4923.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and is adjacent to the
Cape Fear River, a Navigable Water of the U.S. This site also contains waterbodies (including the Cape Fear River)
that exhibit an Ordinary High Water Mark and are tributaries to the Cape Fear River. This determination is based on
information submitted by LMG, Inc. and a site visit by Jennifer Frye on 5/11/2006.
D. Remarks
E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Division
Attn:Jennifer Frye, Project Manager,
Wilmington Regulatory Field Office
PO Box 1890
Wilmington, North Carolina 28402
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the District Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by 5/3/2008.
**It is not necessary to submit an RFA form to the District Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official: 9
Date 03/03/2008 Expiration ate 03/03/2013
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 the Customer Satisfaction Survey located at our website at http://re ulatory.usacesurvey coin/ to
complete the survey online.
Copy furnished:
Chad Coburn, DENR DWQ, Wilmington Regional Office, 127 Cardinal Drive Ext., Wilmington, NC 28405
"ILan Criup, Inc.'; PO B� 2522;tlmi'igton;`NC 28402:
McKim & Creed, 3904 Bus Hwy 17 East, Bolivia, NC 28422
Page 2 of 2

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DocuSign Envelope ID: 59A62655-3C29-4D6F-9150-999E487D1 E29
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
October 30, 2019
New Hanover County
DWR Project: 2009-0120v2
River Bluff Holdings II, LLC
Mr. Doug Talbot
P.O. Box 4937
Pinehurst NC 28374
Subject Property: The Bluffs on the Cape Fear
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Talbot,
You have our approval, in accordance with the attached conditions and those listed below, to
reconfigure a previously authorized 50-slip marina and riverfront park area with a boat ramp as
described in the application received by the N.C. Division of Water Resources (DWR) on
September 13, 2019. After reviewing your application, we have decided that the impacts are
covered by General Water Quality Certification Number 4175 (GC4175).
In addition, you should obtain or otherwise comply with any other required federal, state or local
permits before you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon
expiration of the 404 Permit. This Certification can also be found on line at:
http://portal.ncdenr.org/web/wq/swp/ws/40 I/certsandpermits.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If
you change your project, you must notify the Division and you may be required to submit
D.�� North Carolina Department of Environmental Quality I Division of Water Resources
�Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NOHiH GAROLINA + J
ftwD.MmfEwl mwntla0'' �� 910.796.7215

DocuSign Envelope ID: 59A62655-3C29-4D6F-9150-999E487D1 E29
Page 2
New Hanover County
2009-0120v2
a new application package with the appropriate fee. If the property is sold, the new owner
must be given a copy of this approval letter and General Certification and is responsible
for complying with all conditions. Any new owner must notify the Division and request
the Certification be issued in their name { 15A NCAC 021-1.0501 and .0502}.
2. Any final construction plans for this project must include or reference the application and
plans approved by the Division under this authorization letter and certification. The
applicant will also be required to evaluate all acquired permits to assure that they are
consistent and all relative impacts are accounted for and shown on the construction plans.
[15A NCAC 021-1.0502 (b) and 15A NCAC 021-1.0506 (4)] The applicant shall require his
contractors (and/or agents) to comply with all of the terms of this Certification and shall
provide each of its contractors (and/or agents) a copy of this Certification.
3. Turbidity Standard
The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded
as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices
must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please
notify this Office if any turbidity issues arise at 910.796.7215
4. This General Certification shall expire on the same day as the expiration date of the
corresponding General Permit. The conditions in effect on the date of issuance of the
Certification for a specific project shall remain in effect for the life of the project, regardless
of the expiration of this Certification.
5. The permittee shall require its contractors and/or agents to comply with the terms of this
permit in the construction and maintenance of this project and shall provide each of its
contractors and/or agents associated with the construction or maintenance of this project a
copy of this certification. A copy of this certification including all conditions shall be
available at the project site during the construction and maintenance of this project. [15A
NCAC 021-1.0507 (c) and 15A NCAC 021-1.0506 (b)(2) and (c)(2)]
6. Continuing Compliance:
The applicant/permittee and their authorized agents shall conduct all activities in a manner
consistent with State water quality standards (including any requirements resulting from
compliance with 303(d) of the Clean Water Act), and any other appropriate requirements
of State and Federal law. If the Division determines that such standards or laws are not
being met, including failure to sustain a designated or achieved use, or that State or Federal
law is being violated, or that further conditions are necessary to assure compliance, than
the Division may reevaluate and modify this General Water Quality Certification. [15A
NCAC 02H .0507(d)]

DocuSign Envelope ID: 59A62655-3C29-4D6F-9150-999E487D1 E29
Page 3
New Hanover County
2009-0120v2
7. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional
Office at 910.796.7215 and after hours and on weekends call [phone].
Management of such spills shall comply with provisions of the North Carolina Oil
Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and
(c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A].
8. Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC
02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)].
9. This certification grants permission to the director, an authorized representative of the
Director, or DEQ staff, upon the presentation of proper credentials, to enter the property
during normal business hours 15A NCAC 02H.0502(e).
10. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant and/or
authorized agent is required to return a completed certificate of completion form to the
NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617
Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The
certification of completion is available at:
http : //portal . ncdenr. org/web/wq/swp/ws/401 /certs andp ermits/apply/forms).
Violations of any condition herein set forth may result in revocation of this Certification and
may result in criminal and/or civil penalties. The authorization to proceed with your proposed
impacts or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This approval and its conditions are final and binding unless contested.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with
the OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed
to the OAH at [phone], provided the original and one copy of the petition along with any

DocuSign Envelope ID: 59A62655-3C29-4D6F-9150-999E487D1 E29
Page 4
New Hanover County
2009-0120v2
applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
Ifsending via US Postal Service
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Ifsending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Resources under Section 401 of the
Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR
Wilmington Regional Office at [phone] or Chad.Coburn(a�ncdenr.gov.
Sincerely,
L
DoocuuSiigned by:
WY C�IMti S� U
E3ABA14AC7DC434...
Morella Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Wilmington Regional Office
Division of Water Resources, NCDEQ
Enclosure: GC4175
cc: Steve Morrison — LMG (via email)
Tyler Crumbley - USACE Wilmington Regulatory Field Office (via email)
Courtney Spears — DCM Wilmington (via email)

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NORTH CAROLINA
Environmental Quality
September 10, 2020
River Bluffs Holdings II, LLC Permit Refinement State Permit No. 62•09
c/o Greg Finch PG)
3805 Wrightsville Avenue Suite 15
Wilmington, NC 28403
Dear Mr. Finch:
This correspondence is with reference to the request you submitted to modify State Permit No. 62-09, which was
originally issued to River Bluffs Holdings, LLC on June 5, 2009 for the development of a docking facility in Leland,
Brunswick County. This permit has been continually renewed. The most recent modification was issued on October
11, 2019, State Permit No. 62-09 is due to expire on December 31, 2022.
The action proposed in your submittal consists of the addition of approximately 126 sq. ft. of docking facility. The
westernmost finger pier would be widened from 3' to 5' for ADA compliance (proposed dimensions: 31' x 5'). The
adjacent dock and ramp landing would be lengthened by 4' for total proposed dock dimensions of 84' x 8' (see Sheet
1 of 1 dated August 17, 2020). The proposed additions are located in a Primary Nursery Area with depths greater than
2' at mean low water.
Upon review of the information provided, the Division of Coastal Management has determined that the proposed action
continues to be consistent with existing State rules and regulations and is in keeping with the original purpose and
intent of the permit. I hereby submit this Letter of Refinement authorizing the modification of State Permit #62-09, as
described in your requests dated September 3, 2020 and drawing dated August 17, 2020. By copy of this letter we
are notifying the US Army Corps of Engineers and the Division of Water Resources of our action. Please note this
refinement does not alleviate the need to obtain any other local, state or federal permits.
Sincerely,
Tara MacPherson
District Manager
Enclosures
cc: Wilmington Files USACE Robb Mairs, DWR
E Q
North Carolina Department of Environmental Quality 1 Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

LMG
LAND MANAGEMENT GROUP
a DAVEA. company
September 3, 2020
Tara MacPherson
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, N.C. 28405-3,945
Re: Letter of Refinement request, Permit Number 62-09, River Bluffs Holdings 11, LLC
Off Strawberry Hill Dr NE, Leland, Brunswick County, NC
Ta ra,
On behalf of River Bluffs Holdings 11, LLC, I would like to request a Letter of Refinement for a small change
to the permitted floating docks and as shown on the attached plan. Specifically, the ramp landing and
adjacent dock have been extended 4' to the west so that the westernmost finger pier can be widened
from 3' to 5' to meet ADA requirements. There are no other changes to the docking facility or debris
deflector locations, therefore, no structures will encroach any closer to the adjacent property then
previously permitted.
Please contact me with any questions that you may have. Thank you for your assistance.
Sincerely,
Greg Finch
Cc: River Bluffs Holdings 11, LLC
www.lmgroup.net . Phone: [phone] . Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
RECEIVED
DCM WlLMINGTON, NC
S E P 0 3 2020

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DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
July 9, 2019
Regulatory Division
Action ID No. SAW-2006-32722 and State Permit No. 62-09
Mr. Doug Talbot
River Bluff Holdings II, LLC
1121 Military Cutoff Road
Wilmington, North Carolina 28405
Dear Mr. Talbot:
Through coordination with the North Carolina Division of Coastal Management, we
have learned of your request to modify the work associated with your Department of the
Army (DA) permit issued on June 5, 2009, which authorized the development of The
Bluffs on the Cape Fear located off Strawberry Hill Drive NE in Brunswick County,
Carteret County, North Carolina. The requested modifications include requests to
reconfigure the marina slip layout so that the slips are angled more into the prevailing
river flow and change the elevated lift slips to floating lifts and the ramp width above the
75' AEC has been increased two (2) feet. Adjust the location of the permitted 20' x 40'
pavilion and increase the size to 30' x 60'. Add an additional 30' x 30' pavilion and 30' x
10' open deck and associated walkways to the western side of the boat ramp lot, move
the 4.5' x 13.5' platform with covered gazebos at each end waterward, modify the
temporary tie-up floating dock to 60' x 8' and a 12.5' x 5' kayak launch has been added.
Your proposal continues to be consistent with the provisions and objectives of
general permit No. 19800291 (copy enclosed). The permit is hereby modified. It is
understood that all other conditions of your permit remain applicable. The expiration
date of your DA permit is December 31, 2021.
If you have any questions or comments you may reach me at telephone (910) 251-
4170.
Sincerely,
2019.07.09
v' 10:53:08-04'00'
Tyler Crumbley, Project Manager
Wilmington Regulatory Field Office

-2-
Enc:
General Permit No. 19800291
CC:
Mr. Greg Finch
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Mr. Steve Morrison
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Copies Furnished
Electronic Copy Furnished (without enclosures):
NCDEQ/DCM; Ms. Debbie Wilson
NCDEQ/DCM; Ms. Courtney Spears
NCDEQ/DWR; Mr. Chad Coburn
NCDEQ/DWR; Ms. Karen Higgins

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
litt ://www.saw.tisece.arm .tnil/Missions/Re ulator PertiiitPro ram.as x
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2017
Expiration Date: December 31, 2021
DEPARTMENT OF THE ARMY
GENERAL PERMIT
A general permit to do work in or affecting navigable waters of the United States and waters of
the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the
Rivers and Harbors Act of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act
(33 U.S.C. 1344), is hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER
REGIONAL GENERAL PERMIT.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic general
permit will be accepted through the North Carolina Division of Coastal Management (NCDCM).
Receipt of a complete application by the NCDCM will initiate the State's field review that will
include a site visit and preparation of a Field Investigation Report and a state Bio-Report. The
NCDCM will forward a copy of the complete application, its Field Investigation Report and its
Bio-Report, to the appropriate Corps of Engineers field office, thereby initiating federal review of

the project. The Corps, upon receipt of an application, will immediately assign an action
identification number, acknowledge receipt thereof, and examine the application to assure that it
can be processed pursuant to this programmatic general permit. The applicant and the NCDCM
will be furnished written notification of the Corps' determination. Notification to the applicant
will include a brief description of the administrative process.
b. For those proposals that may result in a discharge into waters of the United States,
including wetlands, the North Carolina Division of Water Resources (NCDWR) and the
applicant will be informed regarding the applicant's need to obtain a Water Quality Certification
in accordance with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional general permit (RGP) or a nationwide permit (NWP), this
procedure may be terminated and the activity authorized pursuant to the terms and conditions of
the appropriate RGP or NWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation and guidance.
e. This general permit does not, in any way, alter established procedures or
responsibilities, as required by federal laws, memoranda of agreements (MOA's) or
administrative regulations, with respect to the Corps' coordination with appropriate review
agencies. The applicant will continue to have the opportunity to rebut any objections to a
proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this
general permit process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
PJ

typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this general permit will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this General Permit until the issuance of
the NCDCM permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
in. No work may proceed under this general permit until the Wilmington District
Engineer or his representative provides written verification that the procedures and conditions of
the general permit have been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the

federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This general permit will not be used to authorize an activity when the Wilmington
District Engineer determines that the proposed activity would significantly affect the quality of
the human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http;//www.saw.usace.army.mil/Missions/Navigation/Setbacks.asl2x. This general permit does
not authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this general permit or any Corps approved modification to this
general permit, no excavation, fill or mechanized land -clearing activities shall take place, at any
time in the construction or maintenance of this project, within waters or wetlands. This permit
does not authorize temporary placement or double handling of excavated or fill material within
waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill
activities connected with this project.
c. Authorization under this general permit does not obviate the need to obtain other
federal, state, or local authorizations.
d. All work authorized by this general permit must comply with the terms and conditions
of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit
issued by the North Carolina Division of Water Resources.
e. The permittee shall employ all sedimentation and erosion control measures necessary
to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this general permit must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
rd

the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for a reason other than safety.
g. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the United States to its former conditions.
i. This General Permit does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or limit an
agency's ability to conduct necessary operation and maintenance functions. Per Section 14 of the
Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to
take possession of or make use of for any purpose, or build upon, alter, deface, destroy, move,
injure, or obstruct a federally constructed work or project, including, but not limited to, levees,
dams, jettys, navigation channels, borrow areas, dredged material disposal sites, flood control
projects, etc., shall be permitted unless the project has been reviewed and approved by the
appropriate Corps approval authority.
j. The permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement and/or
prior to commencing construction of any structures, authorized dredging or other work within the
right-of-way of, or in proximity to, a federally designated disposal area. The Land Use
Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, email: 5AW Web-NAVusace.army.mil.
k. The permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This general permit does not grant any property rights or exclusive privileges.
m. This general permit does not authorize any injury to the property or rights of others.
M

n. This general permit does not authorize the interference with any existing or proposed
federal project.
o. In issuing this general permit, the Federal Government does not assume any liability
for the following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this general permit.
(4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this general permit.
p. Authorization provided by this general permit may be modified, suspended or revoked
in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army,
determines that such action would be in the best public interest. The term of this general permit
shall be five (5) years unless subject to modification, suspension or revocation. Any
modification, suspension or revocation of this authorization will not be the basis for any claim
for damages against the United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This general permit does not authorize any activity within, or directly affecting, a
marine sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained atllittp.-//sanctuai-ics.noaa.gov/#MN.
M

Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural or archeological remains and
artifacts while accomplishing the activity authorized by this general permit, you must
immediately notify the Wilmington District Engineer of what you have found, and to the
maximum extent practicable, avoid construction activities that may affect the remains and
artifacts until the required coordination has been completed. The Wilmington District Engineer
will initiate the Federal, tribal and state coordination required to determine if the items or
remains warrant a recovery effort or if the site is eligible for listing in the National Register of
Historic Places.
u. No activity is authorized under this general permit which is likely to directly or
indirectly jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or
which will directly or indirectly destroy or adversely modify the critical habitat of such species.
No activity is authorized under any NWP which "may affect" a listed species or critical habitat,
unless Section 7 consultation addressing the effects of the proposed activity has been completed.
Information on threatened and endangered species and their critical habitat can be obtained
directly from the Corps field offices, the USFWS field offices or at the following web addresses:
http;//www.fws.govl or http://www.fws.goy/ipac/ or http://www.noaa.gov/fislieries.htlill .
Permittees may not begin work until notified by the Corps that the requirements of the
Endangered Species Act have been satisfied and that the activity is authorized.
v. If the permittee discovers or observes any live, damaged, injured or dead individual of
an endangered or threatened species during construction, the permittee shall immediately notify
the Wilmington District Engineer so that required coordination can be initiated with the U.S.
Fish and Wildlife Service and/or National Marine Fisheries Service.
w. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This general permit does
not authorize any activity prohibited by the National Flood Insurance Program.
7

x. The permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at cY�d5waterways rr.usc .1nif.
y. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be
installed and maintained by and at the expense of the permittee.
z. It is possible that an authorized structure may be damaged by wavewash from passing
vessels. The issuance of this general permit does not relieve the permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
permittee will not hold the United States liable for any such damage.
aa. Structures and their attendant utilities, authorized by this general permit, located on
lands subject to an easement in favor of the United States for the operation, maintenance,
improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed
at the expense of the permittee, in the event that, in the judgment of the Corps acting on behalf
of the United States, the lands are needed at any time for any purpose within the scope of the
easement. Permanent buildings will not be constructed within the easement.
bb. The permittee must maintain any structure or work authorized by this general permit
in good condition and in conformance with the terms and conditions of this general permit. The
Permittee is not relieved of this requirement if the Permittee abandons the structure or work.
Transfer in fee simple of the work authorized by this general permit will automatically transfer
this general permit to the property's new owner, with all of the rights and responsibilities
enumerated herein. The permittee must inform any subsequent owner of all activities undertaken
under the authority of this general permit and provide the subsequent owner with a copy of the
terms and conditions of this general permit.
cc. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this general permit will not be applicable to a specific
proposal. In such case, the procedures for processing an individual permit in accordance with 33
CFR 325 will be available.
dd. Except as authorized by this general permit or any Corps approved modification to
this general permit, all fill material placed in waters or wetlands shall be generated from an
upland source and will be clean and free of any pollutants except in trace quantities.
ee. Except as authorized by this general permit or any Corps approved modification to
this general permit, all excavated material will be disposed of in approved upland disposal areas.
ff. Activities which have commenced (i.e., are under construction) or are under contract
8

to commence in reliance upon this general permit will remain authorized provided the activity is
completed within twelve months of the date of the general permit's expiration, modification, or
revocation. Activities completed under the authorization of this general permit that were in
effect at the time the activity was completed continue to be authorized by the general permit
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
FOR THE COMMANDER:
1
Scott McLeIldoll
Chief, Regulatory Division
Wilmington District
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5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List

women NC DEPARTMENT OF
-r e
on-r ■m NATURAL AND CULTURAL RESOURCES
■ ■Tx■
August 15, 2021
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Bluffs on the Cape Fear
Dear Kim Williams:
Ray Cooper, Governor
D. Reid Wilsan, Secretary
Waiter Clark
Director, Division of Land and Water Stewardship
NCNHDE-15416
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
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 documented within the project area or 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.
Also please note that 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 an occurrence of a Federally -listed species is 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 919.707.9421

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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.
Location
Brunswick County, North Carolina
GO
Local office
Raleigh Ecological Services Field Office
[phone]
JJ3 [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.
For project evaluations that require USFWS concurrence/review, please return to the IPaC website
and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4, Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species
land their critical habitats are managed by the Ecological Services Program of the U.S. Fish and
Wildlife Service (USFWS) and the fisheries division of the National Oceanic and Atmospheric
Administration (NOAA Fisheriesz).
Species and critical habitats under the sole responsibility of INOAA Fisheries are not shown on this
list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows
species that are candidates, or proposed, for listing. See the listing status page for more
information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following species are potentially affected by activities in this location:

Mammals
NAME
Northern Long-eared Bat Myotis septentrionalis
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/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.
h ttp://eco s_ fws_govle c p/spec ies/44 6 9
STATUS
Threatened
Threatened
mammal
Birds
NAME STATUS 0\4
Piping Plover Charadrius melodus Threatened N
There is final critical habitat for this species. The location of the
critical habitat is not available.
http://ecos.fws�ov/ecp/species/6039
Red Knot Calidris canutus rufa Threatened
Wherever found
There is proposed critical habitat for this species. The location of the
critical habitat is not available,
http,,//ecos.fws.gov/ecp/species/-1 864
Red -cockaded Woodpecker Picoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
http;//ecos.fws.gov/ecp/species/7614
Wood Stork Mycteria americans Threatened
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/8477
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/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.
http://ecos.fws.gov/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.
http://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.
http://eco s.fws.govle c pls Re c i es/ 149 3
Loggerhead Sea Turtle Caretta caretta
There is final critical habitat for this species. The location of the
critical habitat is not available,
http://ecos-fws.gov/ecp/species/I 110
Snails
NAME OL
Magnificent Ramshorn Planorbella magnifica
Wherever found
No critical habitat has been designated for this species.
http.,//eco s. fws.g ov/ e c p / s pe c i es / 6216
Insects
NAME
Monarch Butterfly Danaus plexippus
Whereverfounc:
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
Cooley's Meadowrue Thalictrum cooleyi
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/3281
Endangered
'14
Threatened
� 0
46
STATUS
Candidate
STATUS
Candidate
STATUS
Endangered

Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/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
Certain birds are protected under the Migratory Bird Trea
I and the Bald and Golden Eagle Protection Ac ,.) \
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern http;//www,fvv5.govbirds/mans e m ent/ma n aged-sp ecies/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
htto://www.fws.Rov/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
area.
NAME
Swallow-tailed Kite Elanoides forficatus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/8938
BREEDING SEASON (IF A
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
.....................................................................................
BIRD MAY BREED IN YOUR It
........................................................................
PROJECT AREA SOMETIME WITHIN
.............................................................................................
THE TIMEFRAME SPECIFIED,
............. ..-..................... .......................... ..... ...
WHICH IS A VERY LIBERAL
... ....................I.......................
ESTIMATE OF THE DATES INSIDE
Wl THE BIRD BREEDS ACROSS
....................... ............................................I..................
......
ITS ENTIRE RANGE. "BREEDS
............................................................................
ELSEWHERE" INDICATES THAT THE
............... I...............................I .... ............................
BIRD DOES NOT LIKELY BREED IN
...........................................................................................
YOUR PROJECT AREA.)
............................................................
Breeds Mar 10 to Jun 30
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
maybe 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 Ornitholg& All About Birds_Bird_Guide, or (If
you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropica! 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 t �
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the Eaele Art 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 necessary for
...................................................
_..... _..... _.
project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown.
1, The Endangered_Act (ESA) of 1573.
2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is a
treaty to ensure that international trade in plants and animals does not threaten their survival in
the wild. % %wo-% ,
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 i
West Indian Manateric us manatus
htto://ecos.fws. o� v/eco/species/4469
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.
THEREARE NO REFUGE LAN DSATTHIS 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 Carps of
Engineers District.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or for very
large projects that intersect many wetland areas. Try again, or visit the NWI mad to view wetlands at
this location.
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