20220613 Ver 1_ePCN Application_20220428

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
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.
Pre -Filing Meeting Date Request was submitted on:
10/5/2021
BIMS # Assigned* Version#*
20220613 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
la. Name of project:
The Tides Apartments
la. Who is the Primary Contact?*
Rick Trone
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
4/28/2022
Nearest Body of Water
Shallotte River
Basin
Lumber
Water Classification
SC; HQW
Site Coordinates
Latitude: Longitude:
33.974096°N-78.372940
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:
EI 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?*
0 Yes
O No
1b. What type(s) of permit(s) do you wish to seek authorization?
2 Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
OO Yes 0 No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
e 401 Water Quality Certification - Regular
0 Non-404 Jurisdictional General Permit
0 Individual 401 Water Quality Certification
14 - Linear transportation
18 - Minor Discharges
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
tf. Is this an after -the -fact permit application?*
O Yes O No
O 401 Water Quality Certification - Express
O Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
O Yes O No
lh. Is the project located in any of NC's twenty coastal counties?
O Yes O No
1i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
O Yes O No
1j. Is the project located in a designated trout watershed?
Yes 's No
B. Applicant Information
0 Unknown
OYes 0No
OYes 0No
td. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
® Yes 0 No
2. Owner Information
2a. Name(s) on recorded deed:
The Tides of Shallotte, LLC
2b. Deed book and page no.:
04810/0410
2c. Contact Person:
Casey King

2d. Address
Street Address
639 Executive Place
Address Line 2
City
Fayetteville
Postal / Zip Code
28305
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Rick Trone
4b. Business Name:
WithersRavenel
4c. Address
Street Address
115 MacKenan Drive
Address Line 2
City
Cary
Postal / Zip Code
27511
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
1. Project Information
lb. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Shallotte, NC
2. Project Identification
2a. Property Identification Number:
109817012327, 108820928230
2c. Project Address
Street Address
4571 Smith Avenue
Address Line 2
City
Shallotte
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Shallotte River
3b. Water Resources Classification of nearest receiving water: *
SC; HQW
3c. What river basin(s) is your project located in?*
Lumber
2b. Property size:
±112-acres
State / Province / Region
NC
Country

3d. Please provide the 12-digit HUC in which the project is located.
030402080204
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 project area consists primarily of mixed hardwood/pine forest, with freshwater wetland fingers within the drainages and a large coastal marsh adjacent to the Shallotte River, Sharron
Creek, and Woodward Branch. The mixed hardwood/pine forest is located within the upland bluff and was selectively timbered between 2018-2019. The selective timbering primarily
harvested the large pines and left the large hardwoods.
Land use in the vicinity of the proposed project consists of commercial to the north and west, and a residential to the south and east.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
0 Yes O No 0 Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
62.68 acres
4g. List the total estimated linear feet of all existing streams on the property:
66,497 linear feet
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a multifamily housing development to meet the growing demand for residential housing in Brunswick County. The development is
proposed to be constructed in two phases with all proposed impacts addressed in this request.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The proposed Tides Apartments project is located on two parcels (Parcel ID: 19800019 & 1980001901) totaling ±112-acres located on the south side of Smith Avenue, southeast of the
intersection of Main Street/Bus 117 and Smith Avenue in Shallotte, Brunswick County (Lat: 33.974096°N;-78.372940°W).
The project is in the Lumber River basin and onsite waters drain to the Shallotte River. The Water Quality Classification for the Shallotte River is: SC; HQW and the Stream Index Number
is: 15-25-2-(7.5). The cataloging unit for the site is 030402080204.
The purpose of the proposed project is to construct multifamily housing development to meet the growing demand for residential housing in Brunswick County. The development is
proposed to be constructed in two phases with all proposed impacts addressed in this request.
The project consists of the construction of the following:
• 396 multifamily units
• 1 single-family vacation home for the construction manager
• Construction of infrastructure (roads, utilities, stormwater management, etc.)
• Clubhouse/amenities
• Construction of greenway trail including elevated boardwalk for access to the upland island for passive recreation
The proposed project will be constructed within the northern ±36-acres of the larger parcels. Please note that the area in the northwest portion of the larger property is not part of this
project. This area is being subdivided as an outparcel and will be purchased and developed by others in the future.
Typical construction equipment including heavy earth -moving equipment (bulldozers, graders, etc.), hand tools, and tree -clearing equipment will be used during construction.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
Comments:
0 No 0 Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
0 Preliminary O Approved 0 Not Verified 0 Unknown 0 N/A
Corps AID Number:
SAW-2013-00111
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
WithersRavenel
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
NCDCM: 3/3/2021, USACE: 9/14/2021
6. Future Project Plans
6a. Is this a phased project?*
O Yes O No
6b. If yes, explain.
The purpose of the proposed project is to construct multifamily housing development to meet the growing demand for residential housing in Brunswick County. The development is
proposed to be constructed in two phases with all proposed impacts addressed in this request.
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?

D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
O✓ Wetlands
0 Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
0 Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
SCM
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.015
(acres)
W2
Greenway
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.101
(acres)
W3
Parking Lot
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.027
(acres)
W4
Fill/Retaining Wall
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.011
(acres)
W5
Road
Crossing/Retaining Wall
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.039
(acres)
W6
Site Fill/Retaining Wall
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.014
(acres)
W7
Site Fill/Retaining Wall
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.013
(acres)
W8
Site Fill/Retaining Wall
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.010
(acres)
W9
Road Crossing
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.051
(acres)
W10
Culvert/Sidewalk
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.010
(acres)
W11
Sidewalk/Grading
P
Riverine Swamp Forest
Wetland F
Yes
Both
0.025
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.316
2i. Comments:
NWP 14: W2, W5, W9, W10, W11
NWP 18: W1, W3, W4, W5, W7, W8
E. Impact Justification and Mitigation
2g. Total Permanent Wetland Impact
0.316
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted so that impacts to wetlands and "waters" could be
minimized.
Proposed permanent impacts for construction of the subdivision and infrastructure have been minimized to only those necessary for construction of road
crossings, a single greenway segment, and SCM's.
Culverts beneath the roads will maintain hydrologic connectivity between the wetland on each side of the road. The proposed road crossings been
designed to minimize wetland impacts by crossing the wetlands at the narrowest practical point and/or located at the site of existing culverts. Retaining
walls are proposed to be used at impacts W5, W7, and W8 to reduce traditional backslopes and increased impacts.
Most impacts within the project have been designed to minimize impacts by encroaching only into the outer edge or only into narrow wetland fingers of
the wetlands. Retaining walls have been designed to stabilize fill to minimize wetland impacts from traditional backslopes that would have encroached
farther into the wetlands.
The greenway trail to access the passive recreation area within the upland island will utilize an elevated boardwalk through Wetland F constructed via
top -down construction to avoid temporary wetland impacts.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Construction techniques used to avoid or minimize impacts include installation of erosion & sediment control devices prior to construction. Matting will be
used where necessary to minimize the extent of impacts within the construction corridor. Silt fencing will be installed around all disturbed areas to
prevent sediment from escaping into undisturbed wetlands, and access during construction will be within uplands.

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
2c. If yes, mitigation is required by (check all that apply):
• DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
• Mitigation bank 0 Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Stone Farm Regional Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Non -riparian wetland
3c. Comments
Quantity:
0.628
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes • No
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:
Project is located in the Lumber River basin, a non -buffered basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
OYes 0No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
• Yes No
Comments:
The stormwater management plan consists of four wet detention SCMs. The stormwater management plan will be reviewed and approved by NCDEQ-DEMLR.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
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.

4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
4,Yes 0No0N/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.
Existing sewer services are currently available to the site from public systems. Sanitary sewer service will be provided by the Town of Shallotte.
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?*
O Yes O No
5b. Have you checked with the USFWS conceming Endangered Species Act impacts?*
O Yes O No
5d. Is another Federal agency involved?*
0 Yes
5e. Is this a DOT project located within Division's 1-8?
OYes 0No
O No "..) Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
0 Yes 0 No
5g. Does this project involve bridge maintenance or removal?
0 Yes ® No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
OYes 0No
51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
0Yes ONo
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
On 4/11/2022, WithersRavenel generated an official federal species list using USFWS Information for Planning and Consultation (IPaC), located at
https://ecos.fws.gov/ipac/. This species list identifies federally threatened, endangered, proposed and candidate species, as well as proposed and
designated critical habitat, that may occur within the boundary of the project and may be affected by the project. The IPaC list specified that there are
fourteen (14) species (northern long-eared bat, West Indian manatee, piping plover, red knot, red -cockaded woodpecker, wood stork American alligator,
green sea turtle, Kemp's Ridley sea turtle, leatherback sea turtle, loggerhead sea turtle, Cooley's meadowrue, rough -leaved loosestrife, and seabeach
amaranth) that may be within the vicinity of the project areas. The IPaC list has been provided as an attachment.
On 4/11/2022, WR submitted a project review request to the NCNHP through their Data Explorer webpage, located at: https://ncnhde.natureserve.org/,
to identify known occurrences of federally listed threatened or endangered species within 1.0 miles of the review area. The NCNHP project review did
not identify any known occurrences of federally listed species within the review area. The NCNHP letter identified one known occurrence of federally
listed species within 1.0 miles of the review area (American alligator) as documented in the attached NCNHP letter.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
O Yes O No
Are there submerged aquatic vegetation (SAV) around the project vicinity?*
OYes ONo
O Unknown
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
WR reviewed the NOAA Essential Fish Habitat online mapper, located at: http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html. The EFH
mapper classifies the Mid -Atlantic & New England EFH, located across the proposed project area, as Essential Fish Habitat. However, the project will
not result in adverse impacts to Essential Fish Habitat within the Mid -Atlantic & New England EFH.
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?*
O Yes O No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
WR reviewed the NC State Historic Preservation Office's online database, located at: http://gis.ncdcr.gov/hpoweb/, to determine if there were any known
historic or cultural resources within or in the vicinity of the proposed project. The database review did not identify any known resources within or in the
vicinity of the proposed project. WR requested a SHPO review of the project area for known occurrences of archeological, cultural, or historical
resources within or in the vicinity of the subject property, as well as any recommendations for archeological surveys on 9/21/2021. A review of the
historic aerial showed what appeared to be a residential dwelling and associated structures on the property in 1956, but is not visible in the 1983 aerial.
During the site review remnants of the structures were not observed, and there were no other structures observed within the project area. A response
from SHPO received on 11/9/2021 recommended a comprehensive archeological survey due to the high probability for prehistoric sites and a pre-1862
cemetary. Terracon Consultants conducted an investigation of the site from January 17-20 2022. As a result of this investigation, no new archeological
sites were recorded within the project area. The previously recorded cemetery was determined to have been mis-mapped and is in fact not located
within the project site. SHPO concurred in a March 30, 2022 letter that no further archeological work was necessary.
8. Flood Zone Designation (Corps Requirement)

8a. Will this project occur in a FEMA-designated 100-year floodplain?*
O Yes O No
8c. What source(s) did you use to make the floodplain determination?*
https://msc.fema.gov/portal
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
Appendix Complete.pdf
File must be PDF or KMZ
Comments
Signature
18.59MB
*
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:
Rick Trone
Signature
Taw
Date
4/28/2022

%. WithersRavenel
1111011 Our People. Your Success.
April 28, 2022
US Army Corps of Engineers
Wilmington Regulatory Field Office
Mr. Gary Beecher
69 Darlington Avenue
Wilmington, NC 28403
NC Division of Water Resources
401 & Buffer Permitting Unit
Mr. Paul Wojoski
1617 Mail Service Center
Raleigh, NC 27699
Re: The Tides Apartments - NWP 14 & 18 PCN Submittal
Shallotte, Brunswick County, NC
USACE AID: SAW-2013-00111
WR Project #03201370.00
Dear Mr. Beecher and Mr. Wojoski,
On behalf of The Tides of Shallotte, LLC, we are requesting authorization from the USACE to use
NWP's 14 and 18, as well as requesting a 401 WQC from NCDWR, for the following impacts:
Proposed Impact Table
Jurisdictional
Feature
Type of
Impact
Impact Specification
Acres
Square
Footage
NWP 14 Impacts
Wetland
Permanent
Greenway Trail
0.101
4,378
Wetland
Permanent
Road Crossing/Retaining
Wall
0.039
1,679
Wetland
Permanent
Road Crossing
0.051
2,221
Wetland
Permanent
Sidewalk/Grading
0.010
450
Wetland
Permanent
Sidewalk/Grading
0.025
1,094
Total
0.226
9,822
NWP 18 Impacts
Wetland
Permanent
SCM
0.015
648
Wetland
Permanent
Parking Lot Fill
0.027
1,163
Wetland
Permanent
Fill/Retaining Wall
0.011
460
Wetland
Permanent
Fill/Retaining Wall
0.014
600
Wetland
Permanent
Fill/Retaining Wall
0.013
565
Wetland
Permanent
Fill/Retaining Wall
0.010
418
Total
0.088
3,854
Per NWP General Condition 28, the use of more than one NWP for a single and complete project
is authorized so long as the acreage loss of waters does not exceed the acreage limit of the NWP
with the highest specified limit (0.5 ac). The proposed total permanent impacts to jurisdictional
waters requested under an NWP 14 are 0.226 acres and proposed permanent impacts to
jurisdictional waters under an NWP 18 are 0.088 (see table below). Therefore, the proposed
impacts are eligible for authorization under an NWP 14 and NWP 18.
115 MacKenan Drive I Cary, NC 27511
t: 919.469.3340 I www.withersravenel.com I License No. F-1479
Asheville I Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh I Southern Pines 1 Wilmington

The Tides Apartments
Shallotte, Brunswick County
NWP's 14 & 18 PCN Submittal
gm. WithersRavenel
Our People. Your Success.
Total NWP
Impacts
Wetland
Acres
Square Footage
0.314
13,676
Please note that the project will not result in disturbance within the CAMA 75' AEC and therefore
a CAMA permit from NCDCM is not required.
The proposed project will also result in 0.562 acres of permanent impacts to federally non -
jurisdictional wetlands as determined by the USACE in the Approved Jurisdictional Determination
(SAW-2013-00111) issued on 3/1/2022. Per the NCDEQ 2021 Temporary Wetland Rules (15A
NCAC 02H .1401) impacts to federally non -jurisdictional wetlands less than or equal to one acre
in the Coastal Plain are deemed permitted and therefore do not require authorization from
NCDWR. Therefore, we are providing documentation of the proposed impacts to federally non -
jurisdictional wetlands for reference only as these impacts are deemed permitted and do not
require written authorization from NCDWR. The impacts for federally non -jurisdictional wetlands
consist of the following:
Proposed Federally Non -Jurisdictional Wetland Impact Table
Impact #
Feature
Type of Impact
Impact Area
Square
Footage
W12
Federally Non Jurisdictional
Isolated Wetland
Permanent
0.241 ac
10,499 sf
W13
Federally Non Jurisdictional
Wetland
Permanent
0.321 ac
13,989 sf
Total
0.562 ac
24,488 sf
The proposed project consists of the construction of a multi -family housing development
comprised of 12 apartment buildings with a total of 397 units, 1 single-family home,
clubhouse/amenities, greenway, and associated infrastructure (roads, parking, utilities, stormwater
management, etc.).
Proposed Project
The proposed Tides Apartments project is located on two parcels (Parcel ID: 19800019 &
1980001901) totaling ±112-acres located on the south side of Smith Avenue, southeast of the
intersection of Main Street/Bus 117 and Smith Avenue in Shallotte, Brunswick County (Lat:
33.974096°N;-78.372940°W).
The project is in the Lumber River basin and onsite waters drain to the Shallotte River. The Water
Quality Classification for the Shallotte River is: SC; HQW and the Stream Index Number is: 15-25-
2-(7.5). The cataloging unit for the site is 030402080204.
The purpose of the proposed project is to construct multifamily housing development to meet the
growing demand for residential housing in Brunswick County. The development is proposed to be
constructed in two phases with all proposed impacts addressed in this request.
The project consists of the construction of the following:
• 396 multifamily units
• 1 single-family home
• Construction of infrastructure (roads, utilities, stormwater management, etc.)
Page 2 of 8

The Tides Apartments
Shallotte, Brunswick County
NWP's 14 & 18 PCN Submittal
at WithersRavenel
Our People. Your Success.
• Clubhouse/amenities
• Construction of greenway trail including elevated boardwalk for access to the upland island
for passive recreation
The proposed project will be constructed within the northern ±36-acres of the larger parcels.
Please note that the area in the northwest portion of the larger property is not part of this project.
This area is being subdivided as an outparcel and will be purchased and developed by others in the
future.
Project History
WithersRavenel completed a delineation of the freshwater wetlands, coastal wetlands, and
Normal High Water (NHW) for the project area in March 2021.
Brendan Brock with the NC Division of Coastal Management (NCDCM) conducted a site visit on
3/3/2021 to verify the limits of the coastal wetlands and NHW line.
Gary Beecher with the USACE conducted a site review and verified the delineation and
jurisdictional status of the freshwater wetlands on 9/14/2021. The USACE issued an Approved
Jurisdictional Determination for the project area on 3/1/2022. The Approved Jurisdictional
Determination documents that Wetlands H & I are federally non -jurisdictional.
During the 9/14/2021 USACE site meeting, Troy Beasley (WR) and Gary Beecher (USACE)
conducted an informal pre -application meeting and discussed the proposed impacts for the
project. Impacts to non -tidal wetlands adjacent to tidal wetlands cannot be authorized under an
NWP 29. It was discussed that NWP 29 could not be used for impacts to wetlands adjacent to
tidal waters, and therefore the impacts for the road crossings, sidewalk and greenway could be
authorized under an NWP 14 and all other non -road impacts could be authorized under an NWP
18. Therefore, we are requesting authorization of the project through a combination of NWP 14
& NWP 18.
Proposed Impacts
NWP 14 - Road Crossings and Greenway. 0.226 acres of permanent wetland impacts for the
following:
• Impact W2 (0.101 acres) - construction of a greenway trail proposed on the southeastern
side of the project to provide access to the passive recreation area within the upland island.
Please note that the greenway trail will utilize an elevated pedestrian boardwalk through
Wetland F which will be constructed through top -down construction techniques and
therefore will not result in temporary wetland impacts during construction. Wetland F has
been previously logged and therefore no vegetation/trees will need to be cleared for
construction of the boardwalk.
• Impacts W5 (0.039 acres) - for construction of the central road crossing of Wetland F. This
road crossing will provide an internal connection between the eastern and western
portions of the site. The proposed crossing is located at a narrow portion of Wetland F at
the site of an existing culvert. The crossing has been designed with a double barrel 84-ft
long x 60-inch culvert. Note the alignment of this culvert is to outlet the culvert into an
existing ditch within Wetland F. The culvert has been designed for the culvert inverts to
match the existing grades of the ground surface within Wetland F. A riprap dissipator will
be constructed below the culvert to reduce flow velocity and prevent erosion within
Wetland F.
Page 3 of 8

The Tides Apartments
Shallotte, Brunswick County
NWP's 14 & 18 PCN Submittal
gm. WithersRavenel
Our People. Your Success.
• Impact W9 (0.051 acres) - for construction of an additional road crossing of Wetland F.
This road crossing will provide access to Building 1, Building 2, and the Clubhouse. The
proposed crossing is located at a narrow portion of Wetland F. The crossing has been
designed with a 78-ft long x 24-inch culvert. The culvert has been designed for the culvert
inverts to match the existing grades of the ground surface within Wetland F. A riprap
dissipator will be constructed below the culvert to reduce flow velocity and prevent
erosion within Wetland F.
• Impact W10 (0.010 acres) - for construction of a culverted sidewalk crossing. A sidewalk
is being proposed in this area between Smith Avenue and The Tides development for foot
traffic. The crossing has been designed with two 29-ft long x 60-inch culverts. The
culverts have been sized based on the drainage area along Smith Avenue which discharges
into the existing ditch within Wetland F. The 60-inch culverts are necessary to provide
adequate conveyance of the drainage and prevent backing up water adjacent to Smith
Avenue during significant storm events. A riprap dissipator will be constructed below the
culvert to reduce flow velocity and prevent erosion within Wetland F.
• Impact W11 (0.025) - for construction of a sidewalk crossing within a narrow finger of
Wetland F. Impacts to this area are the result of grading.
NWP 18 - Other Impacts. 0.088 acres of permanent wetland impacts
• Impact W1 (0.015 acres) - permanent wetland impact within a narrow finger of Wetland F
for construction of SCM 1 (Wet Detention Pond).
• Impact W3 (0.027 acres) - for construction of a surface parking area between Buildings 11
and 12.
• Impact W4 (0.011 acres) - permanent wetland impact on the edge of Wetland F for grading
and a retaining wall.
• Impact W6 (0.014 acres) - permanent impacts on the edge of Wetland F for grading
necessary for construction of Garage 4.
• Impact W7 (0.013 acres) - permanent wetland impact on the edge of Wetland F for grading
and a retaining wall of Building 1
• Impact W8 (0.010 acres) - for construction of surface parking area and 6' sidewalk within
a narrow finger of Wetland F. A retaining wall is also proposed in this area to minimize
impacts to wetlands.
Avoidance and Minimization
Prior to site plan design, the applicant requested that a detailed wetland delineation be conducted
so that impacts to wetlands and "waters" could be minimized.
Proposed permanent impacts for construction of the subdivision and infrastructure have been
minimized to only those necessary for construction of road crossings, a single greenway segment,
and SCM's.
Culverts beneath the roads will maintain hydrologic connectivity between the wetland on each
side of the road. The proposed road crossings been designed to minimize wetland impacts by
crossing the wetlands at the narrowest practical point and/or located at the site of existing
culverts. Retaining walls are proposed to be used at impacts W5, W7, and W8 to reduce traditional
backslopes and increased impacts.
Page 4 of 8

The Tides Apartments
Shallotte, Brunswick County
NWP's 14 & 18 PCN Submittal
gm. WithersRavenel
Our People. Your Success.
Most impacts within the project have been designed to minimize impacts by encroaching only into
the outer edge or only into narrow wetland fingers of the wetlands. Retaining walls have been
designed to stabilize fill to minimize wetland impacts from traditional backslopes that would have
encroached farther into the wetlands.
The greenway trail to access the passive recreation area within the upland island will utilize an
elevated boardwalk through Wetland F constructed via top -down construction to avoid temporary
wetland impacts.
Construction techniques used to avoid or minimize impacts include installation of erosion &
sediment control devices prior to construction. Matting will be used where necessary to minimize
the extent of impacts within the construction corridor. Silt fencing will be installed around all
disturbed areas to prevent sediment from escaping into undisturbed wetlands, and access during
construction will be within uplands.
M itigation
Wetland Mitigation
The proposed project will result in 0.314 acres of permanent wetland impacts from construction
of the subdivision (NWP 14: 0.226 ac, NWP 18: 0.088). Because the proposed permanent wetland
impacts requested exceed the 0.10-acre mitigation threshold, the applicant proposes to provide
wetland mitigation per the following table:
Wetland Mitigation Table
Impact Type
Total Impacts
Mitigation Ratio
Proposed Mitigation
Permanent Impacts
0.314
2:1
0.628 acres
Total Proposed Wetland Mitigation
0.628 acres
The applicant proposes to mitigate for the 0.314 acres of permanent wetland impacts at a 2:1
mitigation ratio, resulting in the provision of 0.628 acres of wetland mitigation. WithersRavenel
contacted mitigation banks that service the Lumber 030402080204 basin to determine availability
of wetland mitigation credits. The letter of acceptance from the Stone Farm Regional Mitigation
Bank for the 0.628 acres of wetland mitigation has been provided as an attachment.
Since the proposed impacts to the federally non -jurisdictional wetlands (Wetlands H & I) are below
1.0 acres, wetland mitigation is not proposed per the NCDEQ 2021 Temporary Wetland Rules
(15A NCAC 02H .1401).
Threatened & Endangered Species
The project area consists primarily of mixed hardwood/pine forest, with freshwater wetland
fingers within the drainages and a large coastal marsh adjacent to the Shallotte River, Sharron
Creek, and Woodward Branch. The mixed hardwood/pine forest is located within the upland bluff
and was selectively timbered between 2018-2019. The selective timbering primarily harvested
the large pines and left the large hardwoods.
The mixed hardwood/pine forest has a sparse canopy of white oak (Quercus alba), southern red
oak (Quercus falcata), red maple (Acer rubrum), sweetgum (Liquidambar styraciflua) and loblolly pine
(Pinus taeda). As a result of the logging operation, there is no significant understory, and the
herbaceous strata consists of a mixture of dog fennel (Eupatorium capillifolium), Chinese privet
Page 5 of 8

The Tides Apartments
Shallotte, Brunswick County
NWP's 14 & 18 PCN Submittal
gm. WithersRavenel
Our People. Your Success.
(Ligustrum sinense), gallberry (Ilex glabra), horse sugar (Symplocos tinctoria) and bracken fern
(Pteridium aquilinum).
The onsite freshwater wetlands are not tidally influenced and is characterized by a canopy of bald
cypress (Taxodium distichum), swamp blackgum (Nyssa biflora), lobolly bay (Gordonia lasianthus) and
red maple. The understory consists of a mixture of sweetbay magnolia (Magnolia virginiana), red
bay (Persea borbonea), fetterbush (Lyonia Iucida), bullrush (Scirpus cyperinus), soft rush (Juncus
effusus), netted chain fern (Woodwardia areolata), royal fern (Osmunda spectabilis) and southern
cattail (Typha domingensis).
The onsite tidal coastal marsh was characterized by a dominance of black needle rush (Juncus
roemerianus) along the upper edge of the high marsh, with a dominance of saltwater cord grass
(Spartina alterniflora) within the lower marsh that is inundated by the tide daily.
WithersRavenel conducted numerous site visits during spring, summer and fall since 2019. On
June 16, 2021, WithersRavenel conducted a pedestrian survey of the portion of project area
landward of the coastal wetland line for the purpose of determining presence/absence of federally
listed threatened and endangered species, specifically for Cooley's meadowrue and rough -leaved
loosestrife, as some of the freshwater wetlands were considered marginal habitat. The pedestrian
survey did not identify any occurrences of federally listed species known to occur in Brunswick
County. The only potential habitat present is for northern long-eared bat (NLEB) since the mature
trees within the project area were considered potential roosting habitat. However, targeted
surveys for NLEB were not conducted.
On 4/11/2022, WithersRavenel generated an official federal species list using USFWS Information
for Planning and Consultation (IPaC), located at https://ecos.fws.gov/ipac/. This species list
identifies federally threatened, endangered, proposed and candidate species, as well as proposed
and designated critical habitat, that may occur within the boundary of the project and may be
affected by the project. The IPaC list specified that there are fourteen (14) species (northern long-
eared bat, West Indian manatee, piping plover, red knot, red -cockaded woodpecker, wood stork
American alligator, green sea turtle, Kemp's Ridley sea turtle, leatherback sea turtle, loggerhead
sea turtle, Cooley's meadowrue, rough -leaved loosestrife, and seabeach amaranth) that may be
within the vicinity of the project areas. The IPaC list has been provided as an attachment.
On 4/11/2022, WR submitted a project review request to the NCNHP through their Data Explorer
webpage, located at: https://ncnhde.natureserve.org/, to identify known occurrences of federally
listed threatened or endangered species within 1.0 miles of the review area. The NCNHP project
review did not identify any known occurrences of federally listed species within the review area.
The NCNHP letter identified one known occurrence of federally listed species within 1.0 miles of
the review area (American alligator) as documented in the attached NCNHP letter.
There are no proposed activities or disturbance within the Shallotte River, Sharron Creek,
Woodward Branch, or the adjacent coastal wetland/marsh. Furthermore, during construction,
sediment erosion control measures, including sediment basins and silt fencing, will be installed
prior to construction which will prevent sediment from escaping and causing potential turbidity
issues within the Shallotte River, Sherron Creek and Woodward Branch that could affect potential
habitat for federally listed marine species (sea turtles and West Indian manatee). Therefore, WR
concludes that the proposed activities are not likely to adversely affect federally listed sea turtles
or West Indian manatee. Additionally, there is no potential habitat for piping plover, red knot or
seabeach amaranth as these species occur on the beaches and barrier islands.
Page 6 of 8

The Tides Apartments
Shallotte, Brunswick County
NWP's 14 & 18 PCN Submittal
::WithersRavenel
❑ur People. Your Success.
The pedestrian survey conducted on 6/16/2021 did not identify occurrences of or potential
habitat for red knot, red -cockaded woodpecker, wood stork, Cooley's meadowrue or rough -leaved
Ioosestrife. The American alligator is listed as Threatened due to the similarity in appearance to
the American crocodile but are not protected themselves. There are no known populations of
American crocodile within North Carolina. Species listed as T(S/A) are not biologically endangered
or threatened and are not subject to consultation under Section 7 of the ESA.
The only potential federally listed species habitat within the project area is NLEB due to the
presence of mature trees that could be potential roosting habitat. The project is not located within
a red HUC known to contain maternity roosts. Additionally, the proposed project will require tree
clearing, but will not require pile driving, blasting or percussive activities. Therefore, WR concludes
that the project "may affect, but is not likely to adversely affect" the NLEB and the SLOPES ALP
Situation 1 is applicable to this project.
Based on the findings of the pedestrian survey, WR concludes that the proposed project is not
likely to adversely impact federally listed species or their critical habitat.
Stormwater Management Plan
The stormwater management plan consists of four wet detention SCMs. The stormwater
management plan will be reviewed and approved by NCDEQ-DEMLR.
Please feel free to call if you have questions or require additional information to complete your
review.
Sincerely,
WithersRavenel
Rick Trone
Environmental Scientist
Attachments:
• PCN Form
• Agent Authorization Form
• Pre -filing Meeting Request Documentation
• USGS Quads
• Brunswick County Soil Survey
• Approved Delineation Exhibit
• Parcel/Owner Exhibit
• USACE Approved Jurisdictional Determination
• NCNHP Project Review Letter (4/11/2022)
• USFWS IPaC Species List (4/11/2022)
• SHPO Comment Letters
Page 7 of 8

The Tides Apartments
Shallotte, Brunswick County
NWP's 14 & 18 PCN Submittal
::WithersRavenel
Our People. Your Success.
• Stone Farm Regional Mitigation Bank Letter of Acceptance
• Impact Exhibits
Page 8 of 8

■■ WithersRavenel
.. Our People. Your Success.
Agent Authorization Form

WithersRavenel
Our People. Your Success.
AUTHORITY FOR APPOINTMENT OF AGENT
The undersigned Owner The Tides of Shallotte, LLC (Client) does hereby appoint
WithersRavenel, Inc. as his, her, or it's agent for the purpose of petitioning the appropriate
local, state and federal environmental regulatory agencies (US Army Corps of Engineers, NC
Division of Water Quality, NC Division of Coastal Management, local municipalities, etc.) for:
a) review and approval of the jurisdictional boundaries of onsite jurisdictional areas
(wetlands, surface waters, riparian buffers, etc.) and/or; b) preparation and submittal of
appropriate environmental permit applications/requests for The Tides project, consisting of
±112.35 property, consisting of two parcels (Parcel IDs: 19800019 & 1980001901) located
south of Smith Avenue in Shallotte, Brunswick County, NC.
The Client does hereby authorize that said agent has the authority to do the following acts
on behalf of the owner:
(1) To submit appropriate requests/applications and the required
supplemental materials;
(2) To attend meetings to give representation on behalf of the Client.
(3) To authorize access to subject property for the purpose of
environmental review by appropriate regulatory agencies.
This authorization shall continue in effect until completion of the contracted task or
termination by the Client.
Date:
Agent's Name, Address & Telephone: Si nature of Client:
WithersRavenel, Inc. ��, Y(I Y11otv1C
Name - Print) (Title)
115 MacKenan Drive
Cary, NC 27511 (Signat
Tel. [phone]
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Mailing Ad ress
t-�wle, eivi Le, NC., 205
State Zip
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Phone: CA\—"F2i'0S
Email: > k- cK, ea, itN sS Icl c . S . Gov►-)
115 MacKenan Drive I Cary, NC 27511
t; 919.469.3340 I f: 919.467.6008 I www.withersravenel.com I License No, F-1479
Asheville 1 Cary I Charlotte I Greensboro I Lumberton I Pittsboro I Raleigh 1 Southern Pines I Wilmington

■■ WithersRavenel
.. Our People. Your Success.
NCDWR Pre -Filing Meeting Request
Documentation

Beasley, Troy
From: [e-mail]
Sent: Tuesday, October 5, 2021 10:45 AM
To: Beasley, Troy
Subject: Pre -Filing Meeting Request Acknowledgement - The Tides Apartments
Attachments: DWR Pre -Filing Meeting Request Form.pdf
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for The
Tides Apartments that you submitted on 10/5/2021. Attached is a copy of your request.
All certification requests (applications) must include documentation that a pre -filing meeting request was
submitted to the certifying authority at least 30 days prior to submitting the certification request.
The Division can not accept an application for your project earlier than 30 days from this pre -filing meeting
request. Applications that do not meet this 30-day requirement will be returned.
Please save this email/attachment; it must be submitted with your application to document that this
requirement has been met.
This email was automatically generated by Laserfiche workflow. Please do not respond to this email address,
as responses are not monitored.
i

■■ WithersRavenel
.. Our People. Your Success.
USGS Quads

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■■ WithersRavenel
.. Our People. Your Success.
Brunswick County Soil Survey

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Our People. Your Success.
Approved Delineation Exhibit

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■■ WithersRaven&
.. Our People. Your Success.
Parcel/Owner Exhibit

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::WithersRavenel
Our People. Your Success.
USACE Approved Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2013-00111 County: Brunswick County U.S.G.S. Quad: Shallotte
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: FMJ Holdings, LLC
David Kingman (Manager)
Address: 210 Avondale Avenue, Suite 11
Wihnington, NC, 28403
Telephone Number: [phone]
E-mail Address: [e-mail]
Size (acres) 112 acres Nearest Town Shallotte, NC
Nearest Waterway Shallotte River River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.97409
Longitude: -78.37294
Location description: This 112 acres project is located at 4571 Smith Avenue in Shallotte, Brunswick County, NC. (Parcel
IDs: 19800019 & 1980001901).
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
X 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.
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
Page 1 of 2

SAW-2013-00111
published re2ulations, 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.
X 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 re2ulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in 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 Mana2ement Act
(CAMA). You should contact the Division of Coastal Mana2ement in Wilmington, NC to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at [phone] or
Ga rv.H.Beecher(ausace. army.mil.
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and the Coastal Plain Regional Supplement. The wetlands & WOUS on this site are hydrologically connected to the
Shallotte River.
D. Remarks: A site visit was conducted with Troy Beasley (Withers & Ravenel) on September 14, 2021. A previous AJD
for this site was issued by Emily Hughes on July 3, 2012.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
[e-mail]

SAW-2013-00111
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 1, 2022.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: March 1, 2022 Expiration Date: March 1, 2027
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm apex/Pp= 13 6:4:0.
Copy Furnished via e-mail to:
Consultant:
Troy Beasley
Withers & Ravenel
219 Station Road, suite 101
Wilmington, NC, 28405
[phone]
tb easley(a,withersravenel.co m

SAW-2013-00111
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: FMJ Holdings, LLC
David Kingman
File Number: SAW-2013-00111
Date: March 1, 2022
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
SECTION
Additional
Corps
PRELIMINARY JURISDICTIONAL DETERMINATION
I - The following identifies your rights and options regarding an administrative
information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
E
appeal of the above decision.
or
regulations at 33 CFR Part 331. —
A: INITIAL PROFFERED PERMIT: You may accept
• ACCEPT: If you received a Standard Permit, you may sign
authorization. If you received a Letter of Permission (LOP),
on the Standard Permit or acceptance of the LOP means that
permit, including its terms and conditions, and approved jurisdictional
• OBJECT: If you object to the permit (Standard or LOP)
permit be modified accordingly. You must complete Section
objections must be received by the district engineer within
the permit in the future. Upon receipt of your letter, the district
permit to address all of your concerns, (b) modify the permit
having determined that the permit should be issued as previously
will send you a proffered permit for your reconsideration,
or object to the permit.
the permit document and return
you may accept the LOP and your
you accept the permit in its entirety,
determinations associated
it to the district engineer for final
work is authorized. Your signature
and waive all rights to appeal the
with the permit.
therein, you may request that the
to the district engineer. Your
or you will forfeit your right to appeal
and may: (a) modify the
or (c) not modify the permit
objections, the district engineer
because of certain terms and conditions
II of this form and return the form
60 days of the date of this notice,
engineer will evaluate your objections
to address some of your objections,
written. After evaluating your
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
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety,
permit, including its terms and conditions, and approved jurisdictional determinations associated
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process
it to the district
work is
and waive
with the
terms and
by completing
within
engineer for final
authorized. Your signature
all rights to appeal the
permit.
conditions therein, you
Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer
this notice.
60 days of the date of
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
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of
Appeal Process by completing Section II of this form and sending the form to the division engineer. This
the division engineer within 60 days of the date of this notice.
approved JD or
60 days of the date of
JD.
Engineers Administrative
form must be received by

SAW-2013-00111
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
appeal process you may contact:
District Engineer, Wilmington Regulatory Division,
Attn: Gary Beecher
If you only have questions regarding
also contact:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
the appeal process you may
Officer
Administrative Appeal Review
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. [e-mail]
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: Gary Beecher, 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], PHILIP.A.SHANNIN(a,USACE.ARMY.MIL

THE TIDES APARTMENTS
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Our People. Your Success.
NCN H P Project Review Letter (4/11/2022)

Roy Cooper, Governor
• ■■■
r ■■ ■ NC DEPARTMENT OF
■ ■•■• NATURAL AND CULTURAL RESOURCES
• ■■•
April 11, 2022
Rick Trone
Withers & Ravenel
115 MacKenan Drive
Cary, NC 27511
RE: The Tides Apartments; 03201370
Dear Rick Trone:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-17674
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 rodney.butler@a ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
0 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 919.707.9120 • FAX [phone]

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NCNHDE-17674: The Tides Apartments
Project Boundary
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:: WithersRavenel
Our People.Your Success.
USFWS IPaC Species List (4/11/2022)

4/11/22,2:13 PM IPaC:Explore Location resources
IPaC 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. "rat,11174%1,,Ilk
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.
Locations11/0
Brunswick County, North Carolina1°1
•
4,y:•k �U
ftP �� ..
\I:4
•
•
Local office
Raleigh Ecological Services Field Office
t. [phone]
I [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
https://ipac.ecosphere.fws.gov/location/GKAVCKHSNRGNPMKSJWLZL5KN6Y/resources 1/14

4/11/22,2:13 PM IPaC:Explore Location resources
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
0 \0\4
°c11/4
'143\111...
OCI\
,c tOlfC
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https://ipac.ecosphere.fws.gov/location/GKAVCKHSNRGNPMKSJWLZL5KN6Y/resources 2/14

4/11/22,2:13 PM IPaC:Explore Location resources
Endangered species
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 species1 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
https://ipac.ecosphere.fws.gov/location/GKAVCKHSNRGNPMKSJWLZL5KN6Y/resources 3/14

4/11/22,2:13 PM IPaC:Explore Location resources
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
Birds
NAME STATUS 110111._
Piping Plover Charadrius melodus Threatened c1/4
There is final critical habitat for this species.The location of the
critical habitat is not available. psi"
https://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa Threatened
Wherever found 10
There is proposed critical habitat for this species.The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/1864
Red-cockaded Woodpecker Picoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Wood Stork Mycteria americana Threatened
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecptspecies/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
https://ipac.ecosphere.fws.gov/location/GKAVCKHSNRGNPMKSJWLZL5KN6Y/resources 4/14

4/11/22,2:13 PM IPaC:Explore Location resources
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.
https://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta Threaten
There is final critical habitat for this species.The location of the10.3\00 41110
critical habitat is not available.
https://ecos.fws.gov/ecp/species/1110
Snails
NAME C111
STATUS
Magnificent Ramshorn Planorbella magnifica Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/6216
OrthNiit
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
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
https://ipac.ecosphere.fws.gov/location/GKAVCKHSNRGNPMKSJWLZL5KN6Y/resources 5/14

4/11/22,2:13 PM IPaC:Explore Location resources
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 endangere
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
11/4C\UN
V igratory birds
1/411S16111116"
Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle
Protection Acts.
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.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
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservation measures.pdf
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
https://ipac.ecosphere.fws.gov/location/GKAVCKHSNRGNPMKSJWLZL5KN6Y/resources 6/14

4/11/22,2:13 PM IPaC:Explore Location resources
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
—11° 01\414
BREED IN YOUR PROJECT AREA.)
American Kestrel Falco sparverius paulus if Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1626
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.
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC)only in particular Bird
Conservation Regions(BCRs) in the continental USA
Probability of Presence Summary
https://ipac.ecosphere.fws.gov/location/GKAVCKHSNRGNPMKSJWLZL5KN6Y/resources 7/14

4/11/22,2:13 PM IPaC:Explore Location resources
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ
"Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to
interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)your
project overlaps during a particular week of the year. (A year is represented as 12 4-week months.)
A taller bar indicates a higher probability of species presence. The survey effort (see below) can be
used to establish a level of confidence in the presence score. One can have higher confidence in the
presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated?The calculation is done in three steps: _A
1.The probability of presence for each week is calculated as the number of survey events in th
week where the species was detected divided by the total number of survey events for that
week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was
found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.
2.To properly present the pattern of presence across the year, the relative probability of presence
is calculated. This is the probability of presence divided by the maximum probability of presence
across all weeks. For example, imagine the probability of presence in week 20 for the Spotted
Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any
week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is
0.05/0.25 = 0.2.
3.The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of
presence score.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its
entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.
Survey Effort (I)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s)your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on all
years of available data, since data in these areas is currently much more sparse.
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probability of presence breeding season I survey effort —no data
SPECIES JAN FEE MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel
BCC-BCR(This is a
Bird of
Conservation
Concern(BCC)only
in particular Bird
Conservation
Regions(BCRs)in
the continental
USA)
Bald Eagle liii liii liii liii liii liii liii ---- liii liii liii liii
Noon BCC
Vulnerable(This is
not a Bird of
Conservation
Concern(BCC)in
01°1
this area,but
warrants attention
because of the
Eagle Act or for
potential °c1 \
susceptibilities in
offshore areas %.43\9.9
from certain types
of development or
activities.)
Red-headed ---- ---- ---- -- I IIII IIII II-- ---- —'-- ----
Woodpecker
BCC Rangewide
(CON)(This is a
Bird of
Conservation091111.
Concern(BCC)
throughout its
range in the
continental USA
and Alaska.)
Rusty Blackbird
---- ---- ---- ---- --
BCC BCR(This is a
Bird of
Conservation
Concern(BCC)only
in particular Bird
Conservation
Regions(BCRs)in
the continental
USA)
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
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occur and be breeding in your project area,view the Probability of Presence Summary.Additional measures or
permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or
bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC)and other species
that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN);The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is
queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project
intersects, and that have been identified as warranting special attention because they are a BCC species in that
area, an eagle(Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore
activities or development.
Again,the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area.To get a list of all birds potentially present in your
project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially
occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the
Avian Knowledge Network(AKN).This data is derived from a growing collection of survey, banding, and citizen
science datasets .
Probability of presence data is continuously being updated as new and better information becomes available.To
learn more about how the probability of presence graphs are produced and how to interpret them,go the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding,wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or
year-round),you may refer to the following resources:The Cornell Lab of Ornithology All About Birds Bird Guide, or
(if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds
guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur
in your project area, there may be nests present at some point within the timeframe specified. If"Breeds
elsewhere" is indicated,then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern throughout their range
anywhere within the USA(including Hawaii,the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC- BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions(BCRs) in the
continental USA; and
3. "Non-BCC-Vulnerable" birds are not BCC species in your project area, but appear on your list either because
of the Eagle Act requirements(for eagles)or(for non-eagles) potential susceptibilities in offshore areas from
certain types of development or activities(e.g. offshore energy development or longline fishing).
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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. dote\IL) 111
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.
is\ii) VOrr
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.
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4/11/22,2:13 PM IPaC:Explore Location resources
Marine mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected
under the Endangered Species Act1 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 [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 Species Act (ESA) of 1973.
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.
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
West Indian Manatee Trichechus manatus
https://ecos.fws.gov/ecp/species/4469
1\4114
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.
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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.
WETLAND INFORMATION IS NOT AVAILABLE AT THIS TIME _J• rik4i
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 map to view wetlands at
this location.
‘00
Data limitations ,
rpoir&
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
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4/11/22,2:13 PM IPaC:Explore Location resources
activities involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may
affect such activities.
0 \01\4
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https://ipac.ecosphere.fws.gov/location/GKAVCKHSNRGNPMKSJWLZL5KN6Y/resources 14/14

:: WithersRavenel
Our People.Your Success.
SHPO Comment Letters

STATE
re
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M.Bartos,Administrator
Governor Roy Cooper Office of Archives and History
Secretary D.Reid Wilson Deputy Secretary,Darin J.Waters,Ph.D.
March 30, 2022
Terri Russ, RPA [e-mail]
Terracon Consultants, inc.
2401 Brentwood Road, Suite 107
Raleigh,NC 27604
RE: Construct The Tides multi-family development, Smith Avenue and Shallotte Crossing Parkway,
Shallotte, Brunswick County, ER 21-2319
Dear Ms. Russ:
Thank you for transmitting the archaeological report for the project listed above,which we received on
March 1, 2022. We have reviewed the report which meets our Standards and those of the Secretary of the
Interior and offer the following comments.
Your archaeological survey resulted in the following:
• As a result of the investigation,no new archaeological sites were recorded within the project area.
• One previously recorded cemetery (31BW497)was shown on OSA maps as being within the
project area; however,research determined that the site was mis-mapped and appears to be located
approximately 2.3 miles to the south.
• Terracon recommends that the project be granted clearance to proceed without concern for impacts
to significant archaeological resources.
No archaeological resources were identified in the proposed area of disturbance. We concur that no further
archaeological work is necessary for this undertaking.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Location:109 East Jones Street,Raleigh NC 27601 Mailing Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Fax:[phone]-6898

ER 21-2319,March 30,Page 2 of 2
Thank you for your cooperation and consideration. If you have questions concerning the above comments,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-814-6579 or
[e-mail]. In all future communication concerning this project,please cite the
above-referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
State Historic Preservation Officer
Location:109 East Jones Street,Raleigh NC 27601 Mailing Address:4617 Mail Service Center,Raleigh NC 27699-4617 Telephone/Fax:[phone]-6898

: WithersRavenel
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Stone Farm Regional Mitigation Bank Letter of
Acceptance

STONE FARM REGIONAL MITIGATION BANK
CREDIT REQUEST ACCEPTANCE
DRAFT
Date: 04/28/2022
Casey King Stone Farm Mitigation Bank, LLC
639 Executive Place Suite 400 2618 New Village Way
Fayetteville, NC 28305 Wilmington, NC 28405
[phone]
Project Name: The Tides Of Shallotte
Expiration of Acceptance: 10/28/2022
SFMB Number:
Dear Casey King:
The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank(Bank) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision
does not assure that the payment will be approved by the permit issuing agencies as mitigation for project
impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the
Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios
that will be required for the corresponding wetland and/or stream impacts. You must also comply with all
other state,federal or local government permits, regulations or authorizations associated with the proposed
activity.
This acceptance is valid for six(6) months from the date of this letter and is not transferable. If we have not
received payment for the accepted credits of the issued 404 Permit/401 Certification/CAMA permit
within this time frame,this acceptance will expire. Predicated on the total payment due to the Bank,as
set forth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. It is
the applicant's responsibility to send copies of their permits to the Bank. Once the Bank receives a copy of
the permit(s), an invoice will be issued based on the information identified below. Payment must be made
prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and
amounts identified below are consistent with the compensatory mitigation requirements of the permit(s)
issued. The Bank and/or its agents are not responsible for determining the applicant's mitigation
requirements.
Based on the information supplied by the applicant,the impacts that may require compensatory mitigation
are summarized in the following table:
CU Location Stream (ft.) _ Wetlands(ac.)
Nonriparian Riparian
Impact 03040208 .314
Credits .7
Note that the impact and credit totals above were provided by the applicant. It is the applicant's
responsibility to provide accurate information (including the requested mitigation credits). The Bank and/or
its agents are not responsible for determining the required credit amounts. The Bank's decision to accept
credits is based upon the information provided by the applicant. The Bank is not liable for any credit
shortage should the applicant's required mitigation credits exceed the amount specified in the above table.

Based upon the type and amounts of credits requested above,the following payment must be provided to
the Bank prior to issuance of credits:
Credit Type Unit Per Unit Credit Fee ' Sub-Total
Stream 0 $603.87 $0.00
Nonriparian Wetland 0.7 $67,442.06 $47,209.44
Riparian Wetland 0 $67,442.06 $0.00
Total Payment Due $47,209.44
Non-refundable Deposit $4,720.94
Balance Due Upon Invoice $42,488.50
Upon receipt of full payment,the Bank will take responsibility for providing the compensatory mitigation. If
the regulatory agencies require mitigation credits greater than indicated above, and should the applicant
want the Bank to provide such credits, it is the applicant's responsibility to submit an additional credit
request form to the Bank.
If you have any questions or need additional information, please contact Jordan Cline at 910-251-8543 or
[e-mail]
Sincerely,
Gtia44.,
Jord. Cline
one Farm Mitigation Bank, LLC
cc: NCDWQ-Raleigh
USACE
NCDWQ-Local
Agent

:: WithersRavenel
Our People.Your Success.
Impact Exhibits

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