20220268 Ver 1_ePCN Application_20220215

t 1 .11111 DWR
mrision of water Resoorc s
Pre-Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
December 6,2021 Ver 4.2
Initial Review
Has this project met the requirements for acceptance in to the review process?*
• Yes
No
Is this project a public transportation project?*
Yes • No
Change only if needed.
BIMS#Assigned* Version#*
20220268 1
Is a payment required for this project?*
No payment required What amout is owed?*
Fee received • $240.00
• Fee needed-send electronic notification $570.00
Reviewing Office* Select Project Reviewer*
Wilmington Regional Office-[phone] Holley Snider:eads\hasnider
Information for Initial Review
1a.Name of project:
Maco Road Subdivision
la.Who is the Primary Contact?*
Kim Williams-Davey Resource Group
1 b.Primary Contact Email:* 1c.Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/15/2022
Nearest Body of Water
Morgan Branch&Bishop Branch
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude: Longitude:
34.194906 -78.082390
A. Processing Information
County(or Counties)where the project is located:
Brunswick
Is this a NCDMS Project
Yes • No
Is this project a public transportation project?*
Yes • No
la.Type(s)of approval sought from the Corps:
Section 404 Permit(wetlands,streams and waters,Clean Water Act)
Section 10 Permit(navigable waters,tidal waters,Rivers and Harbors Act)

Has this PCN previously been submitted?*
Yes
• No
1 b.What type(s)of permit(s)do you wish to seek authorization?
• Nationwide Permit(NWP)
Regional General Permit(RGP)
Standard(IP)
1c.Has the NWP or GP number been verified by the Corps?
Yes • No
Nationwide Permit(NWP)Number: 29-Residential Developments
NWP Numbers(for multiple NWPS):
Id.Type(s)of approval sought from the DWR:
• 401 Water Quality Certification-Regular 401 Water Quality Certification-Express
Non-404 Jurisdictional General Permit Riparian Buffer Authorization
Individual 401 Water Quality Certification
le.Is this notification solely for the record because written approval is not required? *
For the record only for DWR 401 Certification: Yes • No
For the record only for Corps Permit: Yes • No
1f.Is this an after-the-fact permit application?*
Yes • No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
• Yes No
1g.Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts?
Yes No
lh.Is the project located in any of NC's twenty coastal counties?
• Yes No
1 i.Is the project located within a NC DCM Area of Environmental Concern(AEC)?
Yes • No Unknown
1j.Is the project located in a designated trout watershed?
Yes • No
B. Applicant Information
Id.Who is applying for the permit?
• Owner Applicant(other than owner)
Ie.Is there an Agent/Consultant for this project?*
• Yes No
2.Owner Information
2a.Name(s)on recorded deed:
Clayton Properties Group Inc.
2b.Deed book and page no.:
2c.Contact Person:
Stewart Gunn
2d.Address
Street Address
PO Box4098
Address Line 2
City State/Province/Region
Maryville TN
Postal/Zip Code Country
37802 USA
2e.Telephone Number: 2f.Fax Number:
[phone]

2g.Email Address:*
[e-mail]
4.Agent/Consultant(if applicable)
4a.Name:
Kim Williams
4b.Business Name:
Davey Resource Group
4c.Address
Street Address
3805 Wrightsville Avenue;Suite 15
Address Line 2
City State/Province/Region
Wilmington NC
Postal/Zip Code Country
28403 USA
4d.Telephone Number: 4e.Fax Number:
[phone] [phone]
4f.Email Address:*
[e-mail]
C. Project Information and Prior Project History
1.Project Information
lb.Subdivision name:
(if appropriate)
Maco Road Subdivision
1c.Nearest municipality/town:
Winnabow
2.Project Identification
2a.Property Identification Number: 2b.Property size:
0570065,0570067,046000107,057006539 90
2c.Project Address
Street Address
Maco Road
Address Line 2
City State I Province/Region
Winnabow NC
Postal/Zip Code Country
28479 USA
3. Surface Waters
3a.Name of the nearest body of water to proposed project:*
Morgan Branch&Bishop Branch
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.
030300050603
4. Project Description and History
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 88.3-acre site is located between Highway 87 N and Interstate-140 in Leland(Brunswick County),NC.The site is mostly uplands and contains a mix of loblolly pines and hardwood
trees such as sweetgum,water oak,and American holly.Some of the canopy trees are mature,with tree diameter at breast height(DBH)of 18"to 24".An area in the north central part of
the site contains younger and dense stand of loblolly pines and sweetgum.Jurisdictional wetlands run through the middle part of the site and also along the northern and southern
boundaries.These wetlands support red maple,swamp chestnut oak,and loblolly pine.These wetlands flow east toward Morgan's Branch.Additionally,three small,isolated wetland
pockets are located in the southern part of the site.These pockets contain mostly black gum and red maple trees in the canopy with little to no shrub or herbaceous layer.Adjacent land
use consists of mostly undeveloped and forested land,with some residential use to the west.

4b.Have Corps permits or DWR certifications been obtained for this project(including all prior phases)in the past?*
Yes No Unknown
4f.List the total estimated acreage of all existing wetlands on the property:
3.7(includes 0.2 acre of isolated wetlands)
4g.List the total estimated linear feet of all existing streams on the property:
N/A
4h.Explain the purpose of the proposed project:*
The purpose of the project is to construct a single family residential subdivision within the site to accommodate the housing needs of the area.Impacts to Section 404 wetlands are needed
to provide access and utilities throughout the site.Isolated wetland impacts are needed for lot development.
4i.Describe the overall project in detail,including indirect impacts and the type of equipment to be used:*
The residential subdivision will contain a total of 315 single-family lots and townhomes.Roads,utilities,and stormwater ponds,are also proposed.A cemetery on site will be avoided and
access to it will be maintained.
The limits of disturbance will be cleared of vegetation.Roadways and utilities will be installed.Culverts will be utilized when crossing wetlands per DWR and USAGE requirements.Utilities
installed in wetlands will be returned to pre-construction elevations,seeded,and allowed to revegetate.Then home/building construction will occur.Track hoe,loader,dump truck,bob cat,
and other standard construction equipment will be used.
5.Jurisdictional Determinations
5a.Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No 0 Unknown
Comments:
5b.If the Corps made a jurisdictional determination,what type of determination was made?*
Preliminary • Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2010-00576
5c.If 5a is yes,who delineated the jurisdictional areas?
Name(if known): Paul Farley
Agency/Consultant Company: Land Management Group(DRG)
Other:
5d.List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Gary Beecher issued the most recent JD for the site on 3/9/2020.Per the JD,3 isolated wetland pockets were identified on the site.Remaining wetlands were classified as jurisdictional.
6.Future Project Plans
6a.Is this a phased project?*
Yes ❑ No
6b.If yes,explain.
Construction may occur in phases,but all proposed impacts to jurisdictional features are depicted in the attached site plan.
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):
Wetlands 0 Streams-tributaries Buffers
Open Waters 0 Pond Construction
2.Wetland Impacts
2a.Site#*(?) 2a1 Reason(?) 2b.Impact type*(?) 2c.Type of W.* 2d.W.name* 2e.Forested* 2f.Type of Jurisdicition*2g.Impact
(?) area*
1 Road Crossing P Non-Riverine Swamp Forest N/A Yes Both 0.065
(acres)
2 Lot Fill P Non-Riverine Swamp Forest N/A Yes Both 0.010
(acres)
3 Utility Installation T Non-Riverine Swamp Forest N/A Yes Both 0.026
(acres)

4 Utility Installation T Non-Riverine Swamp Forest N/A Yes Both 0.018
(acres)
2g.Total Temporary Wetland Impact 2g.Total Permanent Wetland Impact
0.044 0.075
2g.Total Wetland Impact
0.119
2i.Comments:
In addition to these impacts,0.44 acre of isolated wetland impacts are proposed.
E. Impact Justification and Mitigation
1.Avoidance and Minimization
la.Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Impacts were minimized as much as possible.Wetland crenulations extend into the site and some impacts were needed to install roads and utilities
throughout the site.Additionally,a small amount of fill was needed for lot fill.3:1 slopes will be used to minimize the amount of fill needed.Temporary
wetland impacts will be returned to pre-construction grades and allowed to revegetate.
1 b.Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain stormwater and sedimentation and erosion control permits prior to development.
2.Compensatory Mitigation for Impacts to Waters of the U.S.or Waters of the State
2a.Does the project require Compensatory Mitigation for impacts to Waters of the U.S.or Waters of the State?
Yes • No
2b.If this project DOES NOT require Compensatory Mitigation,explain why:
Permanent impacts are less than 0.1 are.Isolated wetland impacts are less than one acre.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
1a.Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes • No
If no,explain why:
Site is located in Cape Fear River Basin.
2. Stormwater Management Plan
2a.Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
Yes • No
2b.Does this project meet the requirements for low density projects as defined in 15A NCAC 02H.1003(2)?
Yes • No
2c.Does this project have a stormwater management plan(SMP)reviewed and approved under a state stormwater program or state-approved local government stormwater program?
• Yes No
N/A-project disturbs<1 acre
2d.Which of the following stormwater management program(s)apply:
Local Government State
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
Engineer is currently preparing a stormwater plan.
G. 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?*
Yes • No
2.Violations (DWR Requirement)

2a.Is the site in violation of DWR Water Quality Certification Rules(15A NCAC 2H.0500),Isolated Wetland Rules(15A NCAC 2H.1300),or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules(15A NCAC 2B.0200)?*
Yes • No
3. Cumulative Impacts(DWR Requirement)
3a.Will this project result in additional development,which could impact nearby downstream water quality?*
Yes • No
3b.If you answered"no,"provide a short narrative description.
Project will not provide access or utilities to adjacent properties.No additional impacts are anticipated with this project.
4. Sewage Disposal (DWR Requirement)
4a.Is sewage disposal required by DWR for this project?*
• Yes No N/A
4b.Describe,in detail,the treatment methods and dispositions(non-discharge or discharge)of wastewater generated from the proposed project.If the wastewater will be treated at a
treatment plant,list the capacity available at that plant.
Project will tie into the municipal wastewater treatment system.
5. Endangered Species and Designated Critical Habitat(Corps Requirement)
5a.Will this project occur in or near an area with federally protected species or habitat?*
• Yes No
5b.Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes • No
5d.Is another Federal agency involved?*
Yes • No Unknown
5e.Is this a DOT project located within Division's 1-8?
Yes • No
5f.Will you cut any trees in order to conduct the work in waters of the U.S
• Yes No
5g.Does this project involve bridge maintenance or removal?
Yes • No
5h.Does this project involve the construction/installation of a wind turbine(s)?*
Yes • No
5i.Does this project involve(1)blasting,and/or(2)other percussive activities that will be conducted by machines,such as jackhammers,mechanized pile drivers,etc.?
Yes • No
5j.What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site.According to their
files,no federally listed species are known to occur on or within a one mile radius of the site.The USFWS IPaC database was also reviewed and several
species were identified as potentially occurring in the region.Many of these species require coastal and/or marine habitat and would not be found within
the site.LMG staff evaluated the site in 2020 for its potential to support federally listed T&E habitat.Forested uplands currently support a mix of
hardwoods and pines in the canopy and is unlikely to provide suitable habitat for the RCW.Wetlands support a dense assemblage of hardwoods.
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?*
Yes • 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?*
Yes • No
7b.What data sources did you use to determine whether your site would impact historic or archeological resources?*
he 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.However,the Ottaway Family Cemetery is located in the southern part of the
site.This cemetery will be avoided and access will be maintained to it.
8. Flood Zone Designation (Corps Requirement)

8a.Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c.What source(s)did you use to make the floodplain determination?*
FEMA Flood Map Service Center Website
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review.Documents should be combined into one file when
possible,with a Cover Letter,Table of Contents,and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Maco Rd_PCN Attachments_02-15-22.pdf 5.33MB
File must be PDF or KMZ
Comments
Signature
O 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
9eld
Date
2/15/2022

DAVEY .
Resource Group
February 15, 2022
TO: US Army Corps of Engineers NC Division of Water Resources
69 Darlington Avenue 127 Cardinal Drive Extension
Wilmington, NC 28403 Wilmington, NC 28405
RE: Maco Rd Subdivision; Brunswick County, NC
NWP 29 Application
Action ID#SAW-2010-00876
To Whom It May Concern:
On behalf of Clayton Properties Group Inc., Davey Resource Group is submitting a Pre-Construction
Notification form and associated attachments for the Maco Road Subdivision located off Maco Road
in Winnabow, 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 permanently impact 0.075 acre of jurisdictional wetlands for road crossings
and lot fill and temporarily impact 0.044 acre of jurisdictional wetlands for utility installation.
Additionally, 0.44 acre of isolated wetlands will be impacted. No mitigation is proposed since
permanent impacts to jurisdictional wetlands are under 0.1 acre.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
AAA,.
Kim Williams
Environmental Scientist
Encl.
www.lmgroup.net• [e-mail]• Phone:[phone] • Fax:[phone]
3805 Wrightsville Ave.,Suite 15,Wilmington,NC 28403

MACO ROAD SUBDIVISION
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. 2019 Aerial Photograph
Figure 5. Site Plan Showing Proposed Impacts
3.0 JURISDICTIONAL DETERMINATION
4.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
RCW SLOPES Assessment

1.0 AGENT AUTHORIZATION FORM

LMG
g
LAND MANAGEMENT GROUP a Resource Group
DAb1EY company.
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Maco Road Subdivision located in Brunswick County, NC. All questions regarding this
project should he directed to Davey Resource Group/Land Management Group.
Sincerely,
IA A, Si 001 15 /54-6,4k 6ticOh
Applicant
S.RtAiart &WM/4111,
Print Name
A 0Q22-
Date
www.davey.cam • Phone: 910.452,00011 •Fax:[phone]
3805 Wrightsville Avenue,Suite 15•Wilmington, MC 2840i

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. 2019 Aerial Photograph
Figure 5. Site Plan Showing Proposed Impacts

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LAND MANAGEMENT GROUP
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shown is approximate and not meant
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taken from the Brunswick County
GIS web database.
Map Source: Winnabow, N.C., 1990 U.S.G.S. 7.5'Topographic Quadrangle. SCALE 1" = 1,000'
Maco Road S/D ZLMG Figure 2
Brunswick County, NC oaVer 1990 Topographic Quad
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shown is approximate and not meant
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taken from the Brunswick County
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Map Source: Soil Survey of Brunswick County, 1982. SCALE 1" = 1,000'
Maco Road S/D 11,114G Figure 3
LAND MA,.,,C 1 ,"VI"(!,nr'1, Generalized Soil Map
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LAND MANAGEWNT GROUP 2019 Aerial Photo
Brunswick County, NC a *mmpiny
LMG20.481 January 2022 of Site

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NCBELS Firm License P-0369
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30 30 Wilmington,NC 28402 Fax:[phone]
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3.0 JURISDICTIONAL DETERMINATION

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2010-00876 County: Brunswick County U.S.G.S.Quad:Winnabow
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Demarest Park,LLC
Scott Stewart
Address: 6933 Running Brook Terrace
Wilmington,NC,28411
Telephone Number: [phone]
E-mail Address: scottstewart6933(&,yahoo.com
Size(acres) 90.3 acres Nearest Town Winnabow,NC
Nearest Waterway Goodland Branch River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.194906
Longitude:-78.082390
Location description: This project was originally 72 acres and was reviewed in 2010 by Christie Wicker(USACE).The
Approved JD was issued on August 16,2010.The project consists of Parcel ID: (0570065,0570067,046000107&057006539).
Indicate Which of the Following Apply:
A. Preliminary Determination
There are waters,including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act(CWA)(33 USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403). The
waters,including wetlands, have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process,including
determining compensatory mitigation. For purposes of computation of impacts,compensatory mitigation requirements,and other
resource protection measures,a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process(Reference 33 CFR Part
331). However,you may request an approved JD,which is an appealable action,by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act(CWA)(33
USC§ 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC§403).However,since the
waters,including wetlands, have not been properly delineated,this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation,this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over all of the waters,including wetlands, at the project area,which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner,you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act(CWA)(33 USC§
1344). Unless there is a change in law or our published regulations,this determination may be relied upon for a period not to
exceed five years from the date of this notification.
Page 1 of 2

SAW-2010-00876
X There are waters of the U.S.,including wetlands, on the above described project area 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 recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
_ The waters of the U.S.,including wetlands, on your project area 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 March 9,2020.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 project area which are subject to the permit
requirements of Section 404 of the Clean Water Act(33 USC 1344). Unless there is a change in the law or our published
regulations,this determination may be relied upon for a period not to exceed five years from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA).
You should contact the Division of Coastal Management in Wilmington,NC to determine their requirements.
Placement of dredged or fill material within waters of the US,including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC§ 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC§401 and/or 403).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact Gary H.Beecher at(910)251-4694 or
Gary.H.Beecher(au sace.army.mil.
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and the Atlantic and Gulf Coastal Plain Regional Supplement.
D. Remarks: A site visit was conducted by Rob Moul(LMG),Paul Farley(LMG)and Gary Beecher(USACE)on July 17,
2019.The status of the"Isolated"wetlands was resolved during the 2010 delineation and project review.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps'Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants,or anticipate participation in USDA programs,you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service,prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination,you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process(NAP)fact sheet and Request for Appeal(RFA)form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin,Appeal Review Officer
60 Forsyth Street SW,Room 10M15
Atlanta,Georgia 30303-8801
In order for an RFA to be accepted by the Corps,the Corps must determine that it is complete,that it meets the criteria for appeal
under 33 CFR part 331.5,and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form,it must be received at the above address by May 7,2020.

SAW-2Uil1-0 16
it is not necessary to submit an 111FA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official;
Date: March 9,2020 Expiration Date
arch 9,2Q25
The Wilmington District is committed to providing the highest level of support to the public.To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, iocated online at
http:Hcorpsmapu.osace.army.rni licm_ape02p=l 36:4.Q.
Copy Furnished via e-mail to:
Paul Farley
Land Manigement Group
3805 WriEhtsvillc Avenue,Suite 15
ViliminEton,NC,28403
rriO)452-0O01
i arleti.a!Imeruup.net

SAW-2010-00876
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Scott Stewart File Number: SAW-2010-00876 Date: March 9,2020
Demarest Park,LLC
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
ix APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I -The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit(Standard or LOP)because of certain terms and conditions therein,you may request that the
permit be modified accordingly.You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice,or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter,the district engineer will evaluate your objections and may:(a)modify the
permit to address all of your concerns,(b)modify the permit to address some of your objections,or(c)not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections,the district engineer
will send you a proffered permit for your reconsideration,as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit,you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission(LOP),you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,and waive all rights to appeal the
permit,including its terms and conditions,and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit(Standard or LOP)because of certain terms and conditions therein,you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety,and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD,you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2010-00876
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish,you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION II -REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record,the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer,Wilmington Regulatory Division, Mr.Philip Shannin,Administrative Appeal Review Officer
Attn:Gary H.Beecher CESAD-PDO
Wilmington Regulatory Field Office,69 Darlington Ave, U.S.Army Corps of Engineers, South Atlantic Division
Wilmington,NC 28403 60 Forsyth Street,Room 10M15
[phone] Atlanta,Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel,and any government
consultants,to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation,and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn: Christine Folta,69 Darlington Avenue,Wilmington,North
Carolina 28403
For Permit denials,Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn: Mr.Philip Shannin,
Administrative Appeal Officer,CESAD-PDO, 60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: [phone]

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¶TIC}NI SMAP �� CERTIFICATE OF ACCURACY & MAPPING WETLANDS DELINEATION CERTIFICATE S. "
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4.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
RCW SLOPES Assessment

Roy Cooper,Governor
✓ ■■■
.■■ ■ NC DEPARTMENT OF D.Reid Wilson,Secretary
•
a■It■.. NATURAL AND CULTURAL RESOURCES
■ ■■■ Misty Buchanan
Deputy Directtrr,Natural Heritage Program
NCNHDE-17133
February 11, 2022
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Maco Rd S/D
Dear Kim Williams:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally-
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
4) 121 W.JONES STREET,RALEiGh 1_NC 27603 • 16S1 MAIL SERVICE CENTER.f ALEIGH_NC 27699
OFC V9 707.9120 • FAx 919.707.912i

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Maco Rd S/D
February 11, 2022
NCNHDE-17133
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last W Element Accuracy Federal State Global State
Group servation Occurrence Status tatus Rank Rank
M. + Date IM Rank
Dragonfly or 33738 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 S1?
Damselfly georgiana Low Rare
Natural 25573 Pond Pine Woodland --- 2004-07-15 D 3-Medium --- --- G3 S3
Community (Typic Subtype)
Natural 24927 Wet Pine Flatwoods --- 2010 D 3-Medium --- --- G3 S3
Community (Typic Subtype)
Natural 24923 Xeric Sandhill Scrub --- 2010 D 3-Medium --- --- G3? S3S4
Community (Typic Subtype)
Reptile 17444 Deirochelys reticularia Eastern Chicken Turtle 1988-05 H 3-Medium --- Special G5T5 S2S3
reticularia Concern
Reptile 4350 Pituophis Northern Pinesnake 1975-04 H 4-Low --- Threatened G4T4 S2
melanoleucus
melanoleucus
Vascular Plant 22794 Asclepias pedicellata Savanna Milkweed 2004-06-03 X 2-High --- Special G4 S3
Concern
Vulnerable
Vascular Plant 1160 Dionaea muscipula Venus Flytrap 2020-06-12 D 3-Medium --- Threatened G2 S2
Vascular Plant 41240 Dionaea muscipula Venus Flytrap 2020-01-25 E 2-High --- Threatened G2 S2
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name entational Rating . Collective Rating
Battle Royal Bay R3 (High) C3 (High)
Little Green Swamp R5 (General) C4 (Moderate)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Owner Type
NC Department of Transportation Mitigation Site NC Department of Transportation State
Town of Belville Open Space Town of Belville Local Government
Town of Leland Open Space Town of Leland Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on February 11, 2022; source: NCNHP,Q4,January 2022.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE-17133: Maco Rd S!D
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111 NHP Natural Area(NHNA) Sources:Eon,HERE,Germin.Inlermap,incsemenl P Corp.,GEBCO,USGS,
FAO.NPS,NRCAN,GeoGase,ION.Kadesler NL,Ordnance Survey.Esri Japan.
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LManaged Area(MAREA) user Community
Page 3 of 3

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 trust resources) under the U.S. Fish and Wildlife Service's (USFWS)
jurisdiction that are known or expected to be on or near the project area referenced below.The list
may also include trust resources that occur outside of the project area, but that could potentially be
directly or indirectly affected by activities in the project area. However, determining the likelihood
and extent of effects a project may have on trust resources typically requires gathering additional
site-specific(e.g.,vegetation/species surveys) and project-specific(e.g., magnitude and timing of
proposed activities) information.
Below is a summary of the project information you provided and contact information for the USFWS
office(s)with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands)for additional
information applicable to the trust resources addressed in that section.
..r,
Location13\00.
Brunswick County, North Carolina
•
00
‘4C1-
r
Local office
Raleigh Ecological Services Field Office
t. [phone]
la [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487

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

Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus Threatened
Wherever found Marine mammal
There is final critical habitat for this species.The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/4469
1011 Birds
NAME STATUS 'SAO
Piping Plover Charadrius melodus Thatened 46,
There is final critical habitat for this species.The location of the
critical habitat is not available. \iini),\00;141
https://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa Threatened
Wherever found
No critical habitat has been designated for this011‘41S1
https://ecos.fws.gov/ecp/species/1864
ilehNik
Red-cockaded Woodpecker oidesborealis Endangered
Wherever found
No critical habitat has been designated for this species.
htt 10
s. s.gov/ecp/species/7614
o tork Mycteria americana Threatened
No critical habitat has been designated for this species.
https://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.
https://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.
https://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.
https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
Wherever found
There is final critical habitat for this species.The location of the
critical habitat is not available.
1011
https://ecos.fws.gov/ecp/species/1493
"c\O
Loggerhead Sea Turtle Caretta caretta Threatened
There is final critical habitat for this species.The location of the
critical habitat is not available. \)\#.0
https://ecos.fws.gov/ecp/species/1110
Snails
41. 0‘44S
NAME STATUS
I
Magnificent Ramshorn Planorbella magnifica Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.f s.gov/ecp/species/6216
400
Flowering Plants
NAME" — STATUS
Cooley's Meadowrue Thalictrum cooleyi Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/3281
Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
Wherever found
No critical habitat has been designated for this species.
https://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 Treaty Act
and the Bald and Golden Eagle Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
rob. INA
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
1113
111110:1,11111/4
Additional information can be found using the following links: '1
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-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

BREEDING SEASON (IFA
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST,THE
BIRD MAY BREED IN YOUR
PROJECT AREA SOMETIME WITHIN
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
ESTIMATE OF THE DATES INSIDE
WHICH THE BIRD BREEDS ACROSS
ITS ENTIRE RANGE. "BREEDS
ELSEWHERE" INDICATES THAT THE
BIRD DOES NOT LIKELY BREED IN
YOUR PROJECT AREA.)
Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug 20
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska. 410%(..)
Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska. fk\\PO°
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern(BCC)thr ghout its range in
the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska. -
Wood Thrush HylocicV�li a mustelina Breeds May 10 to Aug 31
This is a Bird of Conservation Concern(BCC)throughout its range in
the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur
in the project area.When birds may be breeding in the area, identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure.To see when birds are most likely to occur
and be breeding in your project area,view the Probability of Presence Summary.Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species
present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern(BCC)and other species that
may warrant special attention in your project location.

The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN).The AKN data is based on a growing collection of survey, banding,and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects,
and that have been identified as warranting special attention because they are a BCC species in that area, an eagle
(Eagle Act requirements may apply),or a species that has a particular vulnerability to offshore activities or
development.
Again,the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area.To get a list of all birds potentially present in your
project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring
in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian
Knowledge Network(AKN).This data is derived from a growing collection of survey, banding,and citizen science
datasets.
Probability of presence data is continuously being updated as new and better information beco ilabl
learn more about how the probability of presence graphs are produced and how to interpre ,
tx.
Probability of Presence Summary and then click on the"Tell me about these graphs" li .
How do I know if a bird is breeding,wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within(i.e. breeding,wintering, migrating or year-
round),you may refer to the following resources:The Cornell Lab of Ornithology All About Birds Bird Guide,or(if
you are unsuccessful in locating the bird of interest thee),the Cornell Lab of Ornithology Neotropical Birds guide. If
a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
ligfr
project area,there may be nests present at so e point within the timeframe specified. If"Breeds elsewhere"is
indicated,then the bird likely does not breed i your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern(BCC)that are of concern throughout their range
anywhere within the USA(including Hawaii,the Pacific Islands, Puerto Rico,and the Virgin Islands);
2. "BCC-BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions(BCRs)in the
continental USA;and
3. on-BCC-Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the Eagle Act requirements(for eagles)or(for non-eagles)potential susceptibilities in offshore areas from
certain types of development or activities(e.g.offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular,to
avoid and minimize impacts to the birds on this list,especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird impacts
and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and groups of
bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal.The Portal
also offers data and information about other taxa besides birds that may be helpful to you in your project review.
Alternately,you may download the bird model results files underlying the portal maps through the NOAA NCCOS
Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.

Bird tracking data can also provide additional details about occurrence and habitat use throughout the year,
including migration. Models relying on survey data may not include this information. For additional information on
marine bird tracking data,see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles,you may need to obtain a permit to avoid violating the Eagle
Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area,only a subset of birds of priority
concern.To learn more about how your list is generated, and see options for identifying what other birds may be in
your project area, please see the FAQ"What does IPaC use to generate the migratory birds potentially occurring in
my specified location". Please be aware this report provides the"probability of presence"of birds within the 10 km
grid cell(s)that overlap your project; not your exact project footprint.On the graphs provided, please also look
carefully at the survey effort(indicated by the black vertical bar)and for the existence of the"no data"indicator
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 notoperfect; it is simply a starting
point for identifying what birds of concern have the potential to be in your project area,when theymight be there,
and if they might be breeding(which means nests might be present).The lislhelps you nc i what to look for to
confirm presence,and helps guide you in knowing when to implement consavation me sures 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 tr st�iources 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
3 [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 A
harass, hunt, capture or kill) of marine mammals and further coordination may be necessaryyff
project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown.
1. The Endangered Species Act(ESA) of 1973. elk 1 **\
2. The Convention on International Trade in Endangered Species of Wild Faun and Flora (CITES) is a
treaty to ensure that international trade in plants and animals does not threaten their survival in
the wild.
3. NOAA Fisheries, also known as the National Marine Fisheries Service(NMFS), is an office of the
National Oceanic and Atmospheric Administration within the Department of Commerce.
The following marine mammals under the responsibility of the U.S. Fish and Wildlife Service are
potentially affected by activities in this location:
NAME
ik
West Indian Manatl ric us manatus
https://ecos.fws.gov/ecp/species/4469
it,,,%\ik
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404
of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to update
our NWI data set. We recommend you verify these results with a site visit to determine the actual
extent of wetlands on site. S:kried
This location overlaps the following wetlands:
RIVERINE
1111111131111111111"
R4SBC
A full description for each wetland code can be found at the National Wetlands Inventory website
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location,type and size of these resources.The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation,visible hydrology and geography.A margin of error is inherent in the
use of imagery;thus,detailed on-the-ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery,the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands.These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities(coral or tuberficid worm reefs)have also been excluded from the inventory.
These habitats, because of their depth,go undetected by aerial imagery.
Data precautions
Federal, state,and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory.There is no attempt, in either the design or products of this

Maco Road Subdivision R
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SLOPES Manual—North Carolina }Y
September 2021 US Army Corps
of Engineers.
Appendix B—Red-cockaded Woodpecker Effects Determination Key
Note that when the USACE is the lead federal agency for a project, it is responsible for determining (1) the
ESA action area for that project and (2) the effects to federally listed species and/or designated critical
habitat. Please contact the appropriate USACE representative for any questions as to the action area or
the effects determination (for a list of USACE representatives, please see the contact list at http://saw-
req.usace.army.mil/FO/PMList.pdf). The USFWS is available to offer technical assistance to prospective
permittees for proposed actions, to include providing guidance on species presence in the action area and
how the proposed action is likely to affect the species and/or designated critical habitat.
ORM2 No.: Date
USFWS Reference No. (if applicable):
1) Is the action area' located within the RCW consultation area (see Appendix A and project-specific
results from a project-specific IPaC or internal USACE GIS review)?
a) Yes go to 2
b) No No effect'
2) Is the action area' located in the northeastern coastal plain (see Appendix A)?
a) Yes go to 3
b) No (the project is located in piedmont, sandhills, or southeastern coastal plain) go to 4
3) Is the action area' located in a forested area with pine trees present in northeast North Carolina (e.g.,
high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe
evergreen forest,wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes,
are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table
1 for a description of the minimum dbh of 30-year-old pines associated with each community type).
If the answer to both of these questions is yes, choose Yes below. If the answer to one or both
questions is no,then choose No below.
a) Yes go to 8
b) No No effect'
4) Is the action area' located within suitable RCW foraging or nesting habitat (pine or pine/hardwood
stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30
years of age or older or>_8-inches dbh5)?
a) Yes go to 5
b) No No effect'
There are some large loblolly pines within the site, however there are also a significant amount
hardwood trees within a majority of the site. Northern part of the site supports a dense stand of
young loblolly pines (with less than 8" DBH).
5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh;or occur within
200 feet of known RCW cavity trees? If unable to determine the location of a cavity tree with
confidence, contact the USFWS Raleigh Ecological Services Field Office.
a) Yes go to 6
b) No NLAA3
6) Is the action area located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or
pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the
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SLOPES Manual—North Carolina
September 2021
southeastern coastal plain: pine or pine/hardwood stands that contain pines>_8 inches dbh, including
but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes go to 9
b) No go to 7
7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be
impacted by any activity in the action area?
a) Yes go to 9
b) No NLAA3
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action area.Are
pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in the
action area', or is the action area' within 200 feet of a cavity tree? If the answer to either of these
questions is yes, chose Yes below. If unable to determine the location of a cavity tree with confidence,
then contact the USFWS Raleigh Field Office.
a) Yes go to 9
b) No NLAA3
9) Contact the appropriate USACE representative for a pre-application meeting to determine if a survey
is necessary (for a list of USACE representatives please see the contact list at http://saw-
reg.usace.armv.mil/FO/PMList.pdf). Note that project-specific information, such as a delineation of
waters of the U.S. and project plans, may be needed for the USACE to determine the action area(s)1
of the project. If a survey is required and agreed to by the applicant, all suitable RCW nesting habitat
within 0.5 miles of the action area should be surveyed according to USFWS protocol for the presence
of RCW cavity trees'. If the applicant is unwilling or unable to conduct the survey, standard
consultation with the USFWS should begin. Such surveys are conducted by running line transects
through stands and visually inspecting all medium-sized and large pines for evidence of cavity
excavation by RCWs.Transects must be spaced so that all trees are inspected and are run north-south.
Was a survey performed?
a) Yes, a survey was performed, and RCW cavity trees were observed go to 10
b) Yes, a survey was performed, no RCW cavity trees were observed, and the USFWS agreed with
the survey results NLAA3
c) No, after conversations with the USFWS the USACE determined that a survey was not
necessary NLAA3
d) No, a survey was not performed Consultation required'
10) Does the project involve a disturbance (e.g., seismic activity, percussive activity, all-terrain vehicle or
other off-road vehicle use, motorized equipment, forest management or similar disturbance) within
the 200-foot cavity tree buffer, and/or removal or damage to RCW cavity trees (e.g., via root
compaction, soil compaction)? If yes to either or both then consultation is required.
a) Yes Consultation required'
b) No go to 11
11) Has a foraging habitat analysis (FHA)6 been conducted to determine whether enough foraging habitat
would remain for each RCW group post-project? For information on how to conduct an FHA, refer to
the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.'
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a) Yes, the FHA has been submitted to the USFWS for concurrence'and the USFWS concurred that
adequate amounts of foraging habitat would remain post-project NLAA3
b) Yes, and review of the FHA by the USACE along with concurrence from USFWS determined
inadequate amounts of foraging habitat would remain post-project Consultation required'
c) No, an FHA has not been conducted Consultation required'
1Please contact the appropriate USACE representative for any questions as to the size of the action area.For a list of USACE
representatives please see the contact list at http://saw-reg.usace.army.mil/FO/PMList.pdf.
2No effect—The proposed project would result in no effect to this species and/or its federally designated critical habitat (if
applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the
project as described.
3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat(if
applicable).NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh
and Asheville Ecological Services field offices,therefore,consultation is considered complete for this species.For General Permits,
a Pre-Construction Notification will be required for all NLAA determinations.
4Follow link to USFWS RCW Recovery Plan,Appendix 4 for additional information on nesting and foraging habitats,and survey
protocol(https://www.fws.gov/rcwrecovery/files/RecoveryPlan/survey protocol.pdf)
'Consultation required—Contact the USACE to begin this consultation process.For a list of USACE representatives please see the
contact list at http://saw-reg.usace.army.mil/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville
Ecological Services field offices is necessary to discern if the activity would result in a "no effect,""not likely to adversely affect,"
or"likely to adversely affect"determination.
'Follow links for additional information on conducting FHA(https://www.fws.gov/rcwrecovery/matrix.html)and for
determining foraging habitat availability(https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf).
Follow link for additional information regarding determination for adequate amount of foraging habitat
(https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf).
8 FHA—When an FHA is conducted,the USACE must provide the FHA to USFWS for review and concurrence.
Additional Information
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Appendix C—Conservation Recommendations
These recommendations are optional and, if implemented, would support the agency's goals toward
recovery. These recommendations are to be used at the discretion of the permittee, but any measures that
avoid and minimize effects to the species are highly encouraged by the USFWS.
1. Minimize project impacts within clusters and foraging habitat whenever possible (i.e., conduct large
pine removal outside of nesting season [April 1 to July 31], trim branches instead of complete tree
removal, switch building plans to retain large pines).
2. The USFWS strongly recommends that occupied habitats be avoided and preserved.The first measure
is to modify the project footprint to avoid direct impacts to RCW habitat. This habitat could be
designated as an environmentally sensitive area and set aside by deed restriction, easement, or
another protective covenant. If the occupied habitat on the property exceeds 5 acres (2 hectares),
then a habitat management plan is also recommended. Incorporating these recommendations into
the project design and documenting them in the habitat management plan might result in the project
being not likely to adversely affect the RCW.
3. On-site habitat enhancements are recommended by the USFWS in situations where a project
proposes to impact occupied RCW habitat. If the site has been physically altered by exotic species
invasion, lack of fire, or other anthropogenic actions, these alterations have produced on-site habitat
conditions that have resulted in marginally suitable habitats for RCW's survival and propagation.The
planned action, through project redesign, has avoided impacting a substantial portion of the habitat;
however, some habitat loss will still occur. The project proposes on-site habitat enhancements and
management actions that provide habitat quality improvements that balance losses of small amounts
of marginally suitable habitats. Incorporating these recommendations into the project and
documenting them in a habitat management plan can result in the project being not likely to adversely
affect the RCW.
4. Remove vines and thick underbrush/mid-story to improve site suitability.
5. Provision starts and/or completed cavities in suitable large pines to provide additional housing
opportunities to an RCW cluster.
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