20220900 Ver 1_ePCN Application_20220701

Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?*
OO Yes
0 No
Is this project a public transportation project?*
OYes 0No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
5/13/2022
BIMS # Assigned *
20220900
Is a payment required for this project?*
0 No payment required
O Fee received
Fee needed - send electronic notification
Reviewing Office*
Wilmington Regional Office - [phone]
Information for Initial Review
Version#*
What amout is owed?*
O $240.00
0 $570.00
Select Project Reviewer*
John Perry:eads\jmperry2
la. Name of project:
Patriot Park Section 1
la. Who is the Primary Contact?*
Sean Clark
lb. Primary Contact Email:*
[e-mail]
Date Submitted
7/1/2022
Nearest Body of Water
Northeast Creek and Poplar Creek
Basin
White Oak
Water Classification
SC; NSW & C;NSW
Site Coordinates
Latitude:
34.7735
A. Processing Information
Longitude:
-77.3438
lc. Primary Contact Phone:*
[phone]
County (or Counties) where the project is located:
Onslow
Is this a NCDMS Project
0Yes ONo
Is this project a public transportation project?*
0Yes ONo

la. Type(s) of approval sought from the Corps:
EI Section 404 Permit (wetlands, streams and waters, Clean Water Act)
O 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?
O Nationwide Permit (NWP)
0 Regional General Permit (RGP)
0 Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
0Yes ®No
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
EO 401 Water Quality Certification - Regular
0 Non-404 Jurisdictional General Permit
O Individual 401 Water Quality Certification
29 - Residential Developments
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:
If. Is this an after -the -fact permit application?*
O Yes O No
O 401 Water Quality Certification - Express
0 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 • No
B. Applicant Information
0 Unknown
0Yes ONo
OYes 0No
ld. Who is applying for the permit?
O Owner O Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
OYes 0No
2. Owner Information
2a. Name(s) on recorded deed:
Michael R. Porter (Trustee) the John Koenig Trust
2b. Deed book and page no.:
DB 5244/PG 828
2c. Contact Person:

2d. Address
Street Address
5851 Ramsey Street
Address Line 2
City
Fayetteville
Postal / Zip Code
28311
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Sean Clark
4b. Business Name:
Sage Ecological Services, Inc.
4c. Address
Street Address
3707 Swift Drive
Address Line 2
City
Raleigh
Postal / Zip Code
27606
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)
Patriot Park Section 1
lc. Nearest municipality / town:
Jacksonville
2. Project Identification
2a. Property Identification Number:
439702850534
2c. Project Address
Street Address
1125 Piney Green Road
Address Line 2
City
Jacksonville
Postal / Zip Code
28546
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Northeast Creek and Poplar Creek
3b. Water Resources Classification of nearest receiving water: *
SC; NSW & C;NSW
3c. What river basin(s) is your project located in?*
2b. Property size:
100.6
State / Province / Region
NC
Country
USA
White Oak

3d. Please provide the 12-digit HUC in which the project is located.
030203020202 & 030203020203
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 Site is located at 1125 Piney Green Road in Jacksonville, Onslow County, NC. The Site is a mixture of agricultural fields and undeveloped, forested areas. Evidence of recent and past
logging is present throughout the forested areas. A large floodplain lies along the eastern boundary of the Site. The majority of the canopy in the remaining forested areas is dominated by
pines with few interspersed hardwoods. The surrounding properties are a mix of commercial, agricultural and residential. The White Oak High School is also adjacent to the project.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
Yes G No O Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
23.3
4g. List the total estimated linear feet of all existing streams on the property:
7,580
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to construct a residential subdivision and associated infrastructure to meet the demand for housing in this part of Onslow County.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The proposed project consists of single-family lots and roadway infrastructure. One road crossing is proposed to access the usable upland portions of the site which proposes only
permanent wetland impact. There is also a proposed sanitary sewer installation which will not result in any temporary stream and/or wetland impacts. One roadway stub at the southern
property line is required by Onslow County. Utilities for the proposed project will connect to existing utility lines adjacent to the Site. Heavy equipment typically used for residential
construction (e.g. backhoes, bulldozers, etc.) will be utilized.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes O No
Comments:
PJD was previously submitted, however, no verification has been received to date
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary O Approved I) Not Verified , Unknown O N/A
Corps AID Number:
SAW-2022-00616
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): David Gainey
Agency/Consultant Company: Sage Ecological Services, Inc
Other:
6. Future Project Plans
6a. Is this a phased project?*
O Yes O No
0 Unknown
6b. If yes, explain.
The proposed development is Section 1 of a larger planned development. The applicant is only intending to construct the first Phase at this time and has no plans for the remaining
portions of the property. The applicant recognizes that if, at any time, permanent wetland impacts exceed 0.10 acres and/or permanent stream impacts exceed 150LF and/or 0.02 ac.,
compensatory mitigation will be required for those impacts and that it is cumulative.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
RI Wetlands J Streams -tributaries
OJ Open Waters O Pond Construction
2. Wetland Impacts
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*
Impact 1
Road Crossing
P
Bottomland Hardwood Forest
WD-2
Yes
Both
0.070
(acres)

Impact 1
Road Crossing
T
Bottomland Hardwood Forest
WD-2
Yes
Both
0.010
(acres)
2g. Total Temporary Wetland Impact
0.010
2g. Total Wetland Impact
0.080
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.070
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(')
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
St
Impact 1 - Road Crossing
Permanent
Culvert
SD
Intermittent
Both
4
Average (feet)
94
(linear feet)
S2
Impact 1 - Road Crossing
Permanent
Rip Rap Fill
SD
Intermittent
Both
4
Average (feet)
26
(linear feet)
S3
Impact 1 - Road Crossing
Temporary
Dewatering
SD
Intermittent
Both
4
Average (feet)
10
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
120
3i. Total stream and ditch impacts:
130
3i. Total temporary stream impacts:
10
3j. Comments:
Of the 120 LF of proposed permanent stream impacts, only 94 LF are permanent loss. The remaining 26 LF is for countersunk rip rap pads at the inlet
and outlet of the culvert. The temporary impacts are for impervious dikes and bypass pumping operations to allow the culvert installation "in the dry." The
temporary dewatering will be concurrent with the pipe installation.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed road crossing is located at the narrowest portion of the wetland to minimize permanent impacts and crosses an intermittent stream. The
proposed sanitary sewer will be directionally bored so there will be no impacts to the wetland area. Streams are not crossed multiple times by roads.
Lots were positioned to avoid additional fill in wetlands and streams. Construction fencing will be used to define the construction corridor and prevent
any accidental additional impacts. Silt fencing will be installed to provide additional protection from stormwater runoff.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
General techniques include the use of construction fencing to define the construction corridor and prevent any accidental additional impacts. Silt fencing
and sediment basins will also be used to prevent sediment runoff into the stream and wetland areas.
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?
O Yes • No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
The proposed permanent impacts for Phase 1 of the development are below mitigation thresholds. The applicant recognizes that if, at any time, permanent wetland impacts exceed 0.10
acres and/or permanent stream impacts exceed 150LF and/or 0.02 ac., compensatory mitigation will be required for those impacts and that it is cumulative.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) C^J
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
O Yes O No
If no, explain why:
Proposed project is in the White Oak Basin which currently does not have any State Regulated riparian buffers.
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)?
OYes 0No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
O Yes O No
O N/A - project disturbs < 1 acre
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters. *
Stormwater Management Plan 0 Antidegradation Calculations
Comments:
The SMP for the development will be reviewed and approved by the locally delegated authority. The applicant requests a conditional 401 authorization until the SMP review is completed.
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
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?*
O Yes O No
3b. If you answered "no," provide a short narrative description.
Per the NC DWQ April 2004 Version 2.1 Cumulative Impacts policy, small scale residential development projects have a "low potential for cumulative
impact" since the project already in a developed landscape (i.e. existing residences and development in the vicinity) and the area already contains the
necessary infrastructure (i.e. sewer, water, electricity, etc.). The project drains to Northeast Creek, which is classified as Tidal Salt Waters; Nutrient
Sensitive (SC; NSW), and Poplar Creek which is classified as Class C; Nutrient Sensitive Waters (C;NSW) (i.e. not HQW or ORW). We anticipate the
NCDWR will advise us if a qualitative or quantitative analysis is needed.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
• Yes 0 No 0 N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The development will connect to existing sanitary sewer lines.
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 a No
5b. Have you checked with the USFWS conceming Endangered Species Act impacts?*
OYes J 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 O Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S
OYes 0No
5g. Does this project involve bridge maintenance or removal?
OYes 0No
5h. Does this project involve the construction/installation of a wind turbine(s)?"
0Yes (No

5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
0Yes ONo
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
On September 20, 2021, we received correspondence from NC Natural Heritage Program (NCNHP). Based upon their review, no federally listed T&E
species are documented on the Site or within 1.0-mile of the Site.
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
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
The proposed project is in Onslow County, just outside of Jacksonville, which is not near any coastal or tidal habitat which would support EFH (i.e., salt
marshes, oyster reefs, etc.).
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 U No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
We reviewed the NC State Historic Preservation Office (NCSHPO) database. The Site is not listed as a historic property or within a historic district. One
"Surveyed Only — Gone (SD)" historic property is listed on the Site. The Ashe Henderson House (ON0189) last appeared on the 2001 aerial per
NCSHPO. Four additional identified historic properties are located within 1.0 mile of the Site based on a query of the NCSHPO database.
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?*
FEMA online database; panel 3720439700J, dated 11/3/2005; while there is a FEMA identified floodplain on the property, there are no impacts proposed
within it.
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
Patriot Park PCN Supplemental Information.pdf 5.17MB
File must be PDF or KMZ
Comments
Signature
O By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Nicole J Thomson
Signature
P.617iotim,
Date
7/1/2022

SAGE
ECOLOGICAL
SERVICES
E5
.21116
July 1, 2022
US Army Corps of Engineers
Wilmington Regulatory Office
Attn: Mr. Jordan Jessup
69 Darlington Avenue
Wilmington, NC 28403
Re: Patriot Park Section 1 Subdivision
Request for NWP 29 and GC 4256 Authorization
Sage Project #2021.087
NC Division of Water Resources
Wilmington Regional Office
Attn: Mr. John Perry
127 Cardinal Dr. Extension
Wilmington, NC 28405
On behalf of Michael R. Porter (Trustee) & The John Koenig Trust (applicant), please find attached a complete
application and supplemental information requesting written concurrence from the US Army Corps of Engineers
(USACE) that the activities associated with the proposed development of the Patriot Park Section 1 subdivision
(Project) may proceed under Nationwide Permit (NWP) 29 and General Certification 4256 (GC 4256).
Project Purpose and Location
The purpose of the proposed project is to construct a residential subdivision and associated infrastructure to
meet the demand for housing in this area of Onslow County. The Site is located at 1125 Piney Green Road in
Jacksonville, Onslow County, NC. The coordinates of 34.7735°N, 77.3438°W generally correspond to the center
of the Site.
Project Detail
The proposed Project consists of the construction of a residential development with associated utilities and roads.
Homes will tie into existing public water systems.
Access to the Site will be provided via Piney Green Road to the south. Heavy equipment typically used for
residential development projects (e.g., backhoes, bulldozers, etc.) will be utilized.
No federally threatened or endangered species are listed to occur on the Site according to the NC Natural
Heritage Program (NCNHP) Database. (see attached report dated June 29, 2022).
The Site itself is not listed as a historic property. There was one structure, the Ash Henderson House (ON0189),
on the property; however, that structure is gone. The John Hall House (ON0176) — Gone and the Humphrey
House Kitchen (ON0312) — Surveyed Only are immediately adjacent the site to the northwest. There are two
other properties listed within 1.0 mile of the Site.
Project History
The Site is comprised of eight adjacent parcels and is a mixture of agricultural fields and undeveloped, forested
areas. Evidence of recent and past logging is present throughout the forested areas. A large floodplain lies along
the eastern boundary of the Site. The majority of the canopy in the remaining forested areas is dominated by
pines with few interspersed hardwoods. There are seven riparian wetlands, three streams, and one pond on the
Site. Residential and agricultural properties exist around the Site.
Avoidance and Minimization
There are 3 streams, 1 pond and 7 wetlands on the subject Site. The proposed roadway infrastructure results in
1 stream crossing in Phase 1. Streams are not crossed multiple times by roads. All other jurisdictional features
Patriot Park Section 1 Subdivision Page 1 of 2

on the Site have been avoided. Lots were positioned to avoid additional fill and/or impact to streams and
wetlands. A planned sewer connection will be directionally bored to avoid additional impacts to the wetland.
Stormwater outfalls were designed to minimize impacts to jurisdictional areas. Construction fencing will be used
to define the construction corridor and prevent any accidental additional impacts. Silt fencing will be installed to
provide additional protection from stormwater runoff.
Protect Impacts
Impact 1 Culvert 1 is a proposed road crossing and will result in 0.07 acres of permanent wetland impact, 0.01
acres of temporary wetland impact, 120 linear feet of permanent stream impact (94 LF for the culvert and 26 LF
for a countersunk, rip rap dissipator pad), and 10 linear feet of temporary stream impact.
Mitigation
Permanent stream and wetland impacts are below mitigation thresholds. The applicant is fully aware that future
impacts that exceed 150LF/0.02 acres will require compensatory mitigation and the mitigation will be cumulative
for previous phases.
If you have any questions, please call me at [phone].
Respectfully submitted:
can Clark 04
Sage Ecological Services, Inc.
Attachments:
Pre -construction Notification (PCN) Application Form
Agent Authorization Form
Figure 1-USGS Site Vicinity Map
Figure 2-Soil Survey Site Vicinity Map
Figure 3 — PJD Sketch Map
Figure 4-NCSHPO Map
NCNHP Database Report
USFWS IPaC Report
Prefiling Notice Acknowledgement
Impact Maps
���t-d
J. Thomson PWS
Sage Ecological Services, Inc.
Patriot Park Section 1 Subdivision Page 2 of 2

SAGE
ECOLOGICAL
SERVICES
T. 2016
AGENT AUTHORIZATION FORM
All Blanks to Be Filled in By the Current Landowner or Legal Representative
Name: Michael R. Porter (Trustee) The John Koenig Trust
Address: 5851 Ramsey Street Fayetteville, N.C. 28311
Phone: [phone]
Email: [e-mail]
Project Name/Description:
Sage Project #
Date:
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
P.O. BOX 1890
Wilmington, NC 28402
Attn:
Field Office:
Re: Wetlands and Streams Related Consulting and Permitting
To Whom It May Concern:
I, the undersigned, the owner or a duly authorized representative of record of the property/properties identified
herein, do authorize representatives of the U.S. Army Corps of Engineers (Corps) to enter upon the property herein
described for the purpose of conducting on -site investigations and issuing a determination associated with Waters
of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers
and Harbors Act of 1899. I also hereby designate and authorize Sage Ecological Services to act on my behalf as my
agent in the processing of permit applications, to furnish upon request supplemental information in support of
applications, etc. from this day forward.
This notification supersedes any previous correspondence concerning the agent for this project.
Notice: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by Sage staff. P ase contact Sage to arrange a meeting
prior to visiting the site.
BY: Michael R. Porter BY:
Print Name of Landowner or gnature of Landowner or
Legal Representative Legal Representative

P ump ki rl
Cenief
Map Location
1
DUPLIN
i
JONES
ONSLOW
CARTERET
�•
ONSLOW
\
ONSLOW/
PENDER
B A
C
i
Project Study Area
1
USGS Topographic Map
Patriot Park Property
Sage Project # 2021.087 N
Jacksonville, NC Quadrangle
2019 USGS Topography
September 7, 2021
0 1,000 2,000
Feet
P-nr f u ecri
Figure 1
10
Sage Ecological Services, Inc.
Office:919-335-6757
Cell: 919-559-1537

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Map Location NRCS Soil Survey Map Figure 2
1
DUPLIN
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CARTERET
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PENDER
Patriot Park Project
Sage Project # 2021.087 NSAGE
Onslow County Soil Survey
Soil Sheet 25
September 7, 2021
Sage Ecological Services, Inc.
0 500 1,000 Office: 919-335-6757
Feet Cell: 919-559-1537

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on the evaluated site are approximate and -=
should be surveyed by a licensed NC surveyor
for final site planning.
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■morn
NC DEPARTMENT OF
■ti.{ ■n NATURAL_ AND CULTURAL RESOURCES
■ ■Z■
September 20, 2021
Sean Clark
Sage Ecological Services
3707 Swift Drive
Raleigh, NC 27606-2543
RE: Patriot Park; 2021.087
Dear Sean Clark:
Rey Cooper, Governor
D. Reid Wilson, 5eeretary
Waiter Clark
Director, Division of land and Water Stewardship
NCNHDE-15780
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAIL SERVICE CENTER. PALEIGW. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9121

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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.
Below is a summary of the project information you provided and contact information for the USFWS
office(s)with jurisdiction in the defined project area. Please read the introduction to each section that
follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional
information applicable to the trust resources addressed in that section.
Location
Onslow County, North Carolina ,„
\est.\
rilS 4It.
4)1
Local office
Raleigh Ecological Services Field Office
k. [phone]
[phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487

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

West Indian Manatee Trichechus manatus Threatened
Wherever found
There is final critical habitat for this species.The location of the critical
habitat is not available.
http://ecos.fws.gov/ecp/species/4469
Birds
NAME STATUS
Eastern Black Rail Laterallus jamaicensis ssp.jamaicensis Threatened
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/ec{�sl pecies/1 0477
Piping Plover Charadrius melodus Threatened
There is final critical habitat for this species.The location of the critical
habitat is not available.
http://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa Threatened
Wherever found
There is proposed critical habitat for this species.The location of the
critical habitat is not available.
http://ecos.fws.gov/ecplspecies/1864
Red-cockaded Woodpecker Plcoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
http://ecos.fw5.gov/ecp/sp ec i es/7614
Reptiles
NAME STATUS
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/776
Green Sea Turtle Chelonia mydas Threatened
There is final critical habitat for this species.The location of the critical
habitat is not available.
http://ecos.fws.gov/ecp/species/6199

Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
Wherever found
There is proposed critical habitat for this species.The location of the
critical habitat is not available.
http://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
Wherever found
There is final critical habitat for this species.The location of the critical
habitat is not available.
http://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta Threatened
There is final critical habitat for this species.The location of the critical
habitat is not available.
http://eco s.fw5.goyfecp/species/1 1 1 0
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
http://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.
http://eco s.fws.gov/ecp/species/3281
Golden Sedge Carex lutea Endangered
Wherever found
There is final critical habitat for this species.The location of the critical
habitat is not available.
http://ecos.fws.gov/ecp/species/6025
Pondberry Lindera melissifolia Endangered
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/1279

Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
Wherever found
No critical habitat has been designated for this species.
http://ecos.fws.gov/ecp/species/8549
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves. 111
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION. ObIS\NIS
Aoto
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act'and the Bald and Golden Eagle
Protection Act'.
Any person or organization who plans or conducts activities that may result in impacts to migratory
birds, eagles, and their habitats should follow appropriate regulations and consider implementing
appropriate conservation measures, as described below.
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/nationwidestandardconservationmeasures.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 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 (IF A BREEDING
SEASON IS INDICATED FORA BIRD
ON YOUR LIST,THE BIRD MAY
BREED IN YOUR PROJECT AREA
SOMETIME WITHIN THE
TIMEFRAME SPECIFIED,WHICH IS A
VERY LIBERALESTIMATE OF THE
DATES INSIDE WHICH THE BIRD
BREEDS ACROSS ITS ENTIRE
RANGE. 'BREEDS ELSEWHERE"
INDICATES THAT THE BIRD DOES
NOT LIKELY BREED IN YOUR
PROJECT AREA.).._.�-...._....-....._m
American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions(SCRs) in the continental USA
http://ecos.fws.govlecpls peci esi9582
Bald Eagle Haiiaeetus 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.
http://ecos.fws.govlecp/speciesl1626
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.
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project activities
to avoid or minimize impacts to birds. Please make sure you read 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:
1. The probability of presence for each week is calculated as the number of survey events in the 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
0,0510.25 = 0.2. a
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that ail 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.
probability of presence breeding season survey effort no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

American Kestrel --- • -- • — ---- IIII IIII IIII IIII IIII ---- ---- ---- ----
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
Non BCC
Vulnerable(This is
not a Bird of
Conservation
Concern(BCC)in
this area,but
warrants attention
because of the
Eagle Act or for
potential ° \
011411‘
susceptibilities in
offshore areas
from certain types
‘01$1
of development or
activities.) t�
9 1 -
Red-headed __--
Woodpecker --- -- ---- — — , 1.41/16r,6E- w--
BCC Rangewide
(CON)(This is a Bird
of Conservation
Concern(BCC)
throughout its
range in the
continental USA
and Alaska.)
Tell me more about conservation measures ! can implement to avoid or minimize impacts to migratory birds.
Nationwide conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur in
the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding
their destruction is a very helpful impact minimization measure.To see when birds are most likely to occur and be
breeding in your project area,view the Probability of Presence Summary. Additional measures or permits may be
advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present
on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC)and other species that
may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN)..The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried
and filtered to return a list of those birds reported as occurring in the 10km grid cell(s)which your project intersects,
and that have been identified as warranting special attention because they are a BCC species in that area, an eagle
(Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.

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

If your project has the potential to disturb or kill eagles,you may need to obtain a permit to avoid violating the Eagle
Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern.
To learn more about how your list is generated, and see options for identifying what other birds may be in your
project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my
specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid
cell(s)that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at
the survey effort(indicated by the black vertical bar)and for the existence of the "no data" indicator(a red horizontal
bar).A high survey effort is the key component. If the survey effort is high,then the probability of presence score can
be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and,therefore,
a lack of certainty about presence of the species.This list is not perfect; it is simply a starting point for identifying what
birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding
(which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide
you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project
activities, should presence be confirmed. To learn more about conservation measures,visit the FAQ "Tell me about
conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your
migratory bird trust resources page. - li

Marine mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected
under the Endangered Species Act and the Convention on International Trade in Endangered Species
of Wild Fauna and Flora.
The responsibilities for the protection, conservation, and management of marine mammals are shared
by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees, and
dugongs] and NOAA Fisheries2 [responsible for seals, sea lions, whales, dolphins, and porpoises].
Marine mammals under the responsibility of NORA 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.t
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.
g p (ESA)
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
J p://ecos.fws.gov/ecplspecies/4469
"AO
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.
Wetlands in the National Wetlands Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of
the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers
District.
Please note that the NW] data being shown may be out of date. We are currently working to update our
NWI data set. We recommend you verify these results with a site visit to determine the actual extent of
wetlands on site. SViol
This location overlaps the following wetlands:
FRESHWATER FORESTED/SHRUB WETLAND \a:S
PFO1C
PFO1A CAftwi
FRESHWATER POND
PLtBHx
RIVERINE
R4SBC
A full description for each wetland code can be found at the National Wetlands Inventory website
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the use
of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery,the experience of the image analysts,the
amount and quality of the collateral data and the amount of ground truth verification work conducted. Metadata
should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and the
actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery
as the primary data source used to detect wetlands.These habitats include seagrasses or submerged aquatic
vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters. Some

deepwater reef communities(coral or tuberficid worm reefs) have also been excluded from the inventory.These
habitats, because of their depth,go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory.There is no attempt, in either the design or products of this
inventory,to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or
local agencies concerning specified agency regulatory programs and proprietary jurisdictions that may affect such
activities.

From:
401PreFile
To:
Nikki Thomson
Subject:
Automatic reply: [External] Patriot Park Section 1
Date:
Friday, May 13, 2022 9:19:50 AM
This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's
vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule"
("Federal Rule"). As a result of the United States Supreme Court order, the Trump
Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on
applicants for 401 Certifications and on DWR's processing of those applications. One
requirement is that 401 applicants must request a pre -filing meeting request at least 30 days
prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires
that applicants include documentation of their pre -filing meeting request in their 401
Certification application. [40 C.F.R §121.1, 40 C.F.R. §121.5]. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required
pre -filing meeting request documentation does not constitute a "certification request." As a
result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications
received after April 6, 2022 that do not have documentation that a pre -filing meeting request
was submitted at least 30 days prior to submittal of a 401 Certification application will be
returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
https://deg.nc.gov/about/divisions/water-resources/water-quality permitting/401-buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional
Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1

For all Transportation Projects Including NCDOT Projects:
https://deQ.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
permitting/staff-contacts

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