20221133 Ver 1_ePCN Application_20220818

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:
9/27/2021
BIMS # Assigned* Version#*
20221133 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:
Royal Oak Tract
la. Who is the Primary Contact?*
Kim Williams - Davey Resource Group
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Holley Snider:eads\hasnider
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
8/18/2022
Nearest Body of Water
Williams Branch
Basin
Lumber
Water Classification
C: Sw; HOW
Site Coordinates
Latitude: Longitude:
34.000103 -78.356778
A. Processing Information
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1 i. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
Id. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Donleigh Properties LLC
2b. Deed book and page no.:
2c. Contact Person:
Donovan Oliver
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No

2d. Address
Street Address
386 Brookgreen Dr
Address Line 2
City
Lumberton
Postal / Zip Code
28358
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Mr. Gabe Ebner
3b. Business Name:
Lennar Carolinas, LLC
3c. Address
Street Address
1941 Savage Rd
Address Line 2
Ste. 100-C
City State / Province / Region
Charleston SC
Postal / Zip Code Country
29407 USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group
4c. Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
1. Project Information
1b. Subdivision name:
(if appropriate)
Royal Oak Tract
lc. Nearest municipality / town:
Shallotte
2. Project Identification

2a. Property Identification Number:
1820008306
2b. Property size:
70.8
2c. Project Address
Street Address
Royal Oak Rd
Address Line 2
City
Shallotte
Postal / Zip Code
28470
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Williams Branch
3b. Water Resources Classification of nearest receiving water: *
C; Sw; HQW
3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402080204
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is mostly undeveloped and forested. A few dirt roads provide access throughout the site. A dirt road (with culverts) crosses the stream at two locations.
A stream runs southeast through the site and connects to a UT of Williams Branch off site. This stream is approximately 6' wide. Several ditches (jurisdictional and non -jurisdictional)
extend from it. Another jurisdictional channel (non -stream) crosses the southern part of the site. The site is mostly uplands and supports a canopy of loblolly pines. The understory of the
tract was cleared recently, but there is a developing herbaceous layer of woody species. A small wetland pocket is located in the eastern portion of the site, adjacent to the stream.
Adjacent land use is mostly undeveloped and forested or residential.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
0.1
4g. List the total estimated linear feet of all existing streams on the property:
1930
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct a single-family residential subdivision within the site to accommodate the housing needs of the area. Impacts to streams and jurisdictional ditches
are needed to provide access throughout the site.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The residential subdivision will contain a total of 220 single-family lots and an amenity area. Roads, utilities, and stormwater ponds are also proposed. The limits of disturbance will be
cleared of vegetation. Roadways and utilities will be installed. Two existing culverts (both 36") will be removed and replaced with larger box culverts as indicated on the site plan drawings.
One other culvert will be installed across a jurisdictional ditch. The culverts that will cross streams will be buried per DWR and USAGE requirements. Additionally, rip rap will be placed on
the downstream ends of the crossings. The top of the rip rap will be at the same elevation as the bottom of the stream channel.
Once roads and utilities are installed, home construction will occur. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2021-02158
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Paul Farley
DRG

5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Gary Beecher with the USACE issued the AJD on 1/11/2022. Stream forms and pictures have been submitted to Holley Snider of DWR and she agreed in an email with DRG's stream
calls.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
S1
Road Crossing
Permanent
Culvert
UT of Williams Branch
Perennial
Both
6
Average (feet)
12
(linear feet)
S2
Road Crossing
Permanent
Culvert
UT of Williams Branch
Perennial
Both
6
Average (feet)
38
(linear feet)
S3
Culvert Replacement
Temporary
Culvert
UT of Williams Branch
Perennial
Both
6
Average (feet)
60
(linear feet)
S4
Road Crossing
Permanent
Culvert
UT of Williams Branch
Perennial
Both
6
Average (feet)
36
(linear feet)
S5
Road Crossing
Permanent
Culvert
UT of Williams Branch
Perennial
Both
6
Average (feet)
31
(linear feet)
S6
Culvert Replacement
Temporary
Culvert
UT of Williams Branch
Perennial
Both
6
Average (feet)
40
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
31. Total permanent stream impacts:
117
3i. Total stream and ditch impacts:
217
3i. Total temporary stream impacts:
100
3j. Comments:
Temporary impacts are needed to replace and upgrade existing culverts. Permanent impacts are needed to widen the existing crossing and install rip
rap.
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
OW1
Road Crossing
P
N/A
Culverts
Ditch
0.01
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.01
4h. Comments:
E. Impact Justification and Mitigation
4g. Total permanent open water impacts:
0.01
u
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The applicant attempted to minimize impacts as much as possible. Stream crossings were placed at existing road crossings to minimize crossing widths.
Retaining walls will also be used to minimize impacts.

lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain stormwater and sedimentation and erosion control permits prior to development.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Permanent stream impacts are less than 0.02 acre.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Project area is located within the Lumber River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
The project engineer has submitted a stormwater plan to NCDMLR.
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.
The project will not provide access or utilities to adjacent tracts. No additional impacts are anticipated on the site. Stormwater and sedimentation and
erosion control permits will be obtained and implemented to minimize impacts to downstream waters.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
The site will tie into the municipal wastewater treatment system.

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
The NC Natural Heritage Program database was reviewed to determine if any rare species are known to occur on or near the site. According to their
files, no federally listed species are known to occur within the site. There is one occurrence of the federally listed American alligator within a one mile
radius of the site. Interior streams on site appear to be too small to provide suitable habitat for this species. The USFWS IPaC database was also
reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal and/or marine habitat and
would not be found within the site. The site was recently thinned of its understory/shrub layer and now contains a canopy of loblolly pines that are 6" to
10" DBH (site was clearcut in 2011). The pines appear to be too young to provide suitable habitat for the RCW. Additionally, the tract was densely
vegetated up until recently. Forested areas within the site may provide suitable roosting habitat for the northern long-eared bat. Since no hibernacula or
maternity roosting trees are known to occur in the area, any adverse effect from tree clearing would be exempt by the 4(d) rule. The site does not appear
to provide suitable habitat for any other species known to occur in the area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources.
No cultural or historical resources were noted within or adjacent to the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center Website
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Royal Oak Attachments.pdf 7.81 MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:

• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Kim Williams
Signature
Date
8/18/2022

DAVEY
Resource Group
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
August 18, 2022
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Royal Oak Tract; Brunswick County, NC
NWP 29 Application
Action ID# SAW-2021-02158
To Whom It May Concern:
On behalf of Lennar Carolinas, LLC, Davey Resource Group is submitting a Pre -Construction
Notification form and associated attachments for the Royal Oak residential development, located off
Royal Oak Rd in Shallotte, NC. The purpose of the project is to construct a residential subdivision
within the tract to serve the housing needs of Brunswick County.
The project proposes to impact 217 LF of stream (100 LF temporary and 117 LF permanent) and 0.01
acre of an open water non -stream channel for road crossings throughout the site. Because of the
minimal amount of permanent impact, no compensatory mitigation is proposed.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
www.davey.com • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

ROYAL OAK TRACT
Brunswick County
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
3.0 PROPOSED IMPACT MAPS
Sheet 1. Overall Site Plan Showing Proposed Impacts
Sheet 2. Impacts S1 — S3
Sheet 3. Impacts S4 — S6
Sheet 4. Impact OW#1
Sheet 5. Cross Section Impacts 51— S3
Sheet 6. Cross Section Impacts S4 — S6
Sheet 7. Cross Section Impact OW#1
4.0 APPROVED JURISDICTIONAL DETERMINATION
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List

1.0 AGENT AUTHORIZATION FORM

DocuSign Envelope ID: DFBFBE2A-AB15-495D-9B1 B-71 E7B74C5780
4LMG
LAND MANAGEMENT GROUP
a WWEY1. company
DAVEYt
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Royal Oak Tract located in Brunswick County, NC. All questions regarding this project
should be directed to Davey Resource Group/Land Management Group.
Sincerely,
,---DocuSigned by:
195DC288DA29414...
Applicant
Gabe Ebner
Print Name
1/27/2022
Date
www.davey.com • Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph

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Map Source: GIS World Street Map
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A Feet
Scale applies to 11X17" print.
Royal Oak Tract
Brunswick County, NC
4LMG
Figure 1
Vicinity Map
Map Date: September 2021
LMG21.493
I AND MA NAC&WIFN CIROD?
DAVEY company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]

L:\WETLANDS\2021 WETLANDS FILES\LMG21.493 ---
Royal Oak Tract, T&H\Maps
Boundaries are approximate and not meant to be absolute.
Map Source: USGS Brunswick County GIS Mosaic
Royal Oak Tract
Brunswick County, NC
Map Date: September 2021
LMG21.493
4LMG
LAND ANA(;VMFN ri;ROIT
a GAVEY#. Company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
ee Way I
Esri, HERE, Garmin, (c) OdpenStreetMapRconttributo
N 0 200 400 800
A Feet
Scale applies to 11X17" print.
Figure 2
Topographic Map

Legend
BaB: Baymeade fine sand, 1 to 6 percent slopes
Lo: Leon fine sand
Ma: Mandarin fine sand
Mu: Murville mucky fine sand
L:\WETLANDS\2021 WETLANDS FILES\LMG21.493 ---
Royal Oak Tract, T&H\Maps
3oundaries are approximate and not meant to be absolute.
Map Source: GIS Soils Data
N 0 150 300 600
A Feet
Scale applies to 11X17" print.
Royal Oak Tract
Brunswick County, NC
Map Date: September 2021
LMG21.493
4LMG
i A N[JMAN A[;PM t?N'r GROUP
DAVEY 1' company.
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 3
Soils Map

L:\WETLANDS\2021 WETLANDS FILES\LMG21.493 ---
Royal Oak Tract, T&H\Maps
3oundaries are approximate and not meant to be absolute.
Map Source: 2020 NC One Map
N 0 150 300 600
A Feet
Scale applies to 11X17" print.
Royal Oak Tract
Brunswick County, NC
Map Date: September 2021
LMG21.493
4LMG
i AND MANA[;PMt?N'r GROUP
DAVEY ' company.
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 4
Current Aerial

3.0 PROPOSED IMPACT MAPS
Sheet 1. Overall Site Plan Showing Proposed Impacts
Sheet 2. Impacts S1 — S3
Sheet 3. Impacts S4 — S6
Sheet 4. Impact OW#1
Sheet 5. Cross Section Impacts S1 — S3
Sheet 6. Cross Section Impacts S4 — S6
Sheet 7. Cross Section Impact OW#1

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Location Map
PROJECT:
Royal Oak Tract
CLIENT:
Lennar Carolinas, LLC
LOCATION: Brunswick County, NC
DATE: June 28, 2022 DRAWN BY: DCE SHEET: 1 OF 7
JOB NUMBER: J-29601.0000 REVIEWED BY: WAW SCALE: 1"= 500'
T THOMAS
� &
H U T T O N
611 Burroughs & Chapin Blvd. • Suite 202
Myrtle Beach, SC 29577 • 843.839.3545
www.thomasandhutton.com

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PLAN VIEW - IMPACTS Si - S3
THOMAS
PROJECT:
Royal Oak Tract
&
H U T T O N
CLIENT:
Lennar Carolinas, LLC
611 Burroughs & Chapin Blvd. • Suite 202
Myrtle Beach, SC 29577 • 843.839.3545
LOCATION: Brunswick County, NC
DATE: June 28, 2022 DRAWN BY: DCE
JOB NUMBER: J-29601.0000 REVIEWED BY: WAW
SHEET: 2 OF 7
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www.thomasandhutton.com

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DATE: June 28, 2022 DRAWN BY: DCE SHEET: 4 OF 7
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DATE: June 28, 2022 DRAWN BY: DCE SHEET: 5 OF 7
JOB NUMBER: J-29601.0000 REVIEWED BY: WAW SCALE: 1"= 60'
&
H U T T O N
611 Burroughs & Chapin Blvd. • Suite 202
Myrtle Beach, SC 29577 • 843.839.3545
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CLIENT:
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LOCATION: Brunswick County, NC
DATE: June 28, 2022 DRAWN BY: DCE SHEET: 6 OF 7
JOB NUMBER: J-29601.0000 REVIEWED BY: WAW SCALE: 1"= 60'
611 Burroughs
Myrtle Beach,
www.thomasandhutton.com
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&
H U T T O N
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SC 29577 • 843.839.3545

0
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CLIENT:
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LOCATION: Brunswick County, NC
DATE: June 28, 2022 DRAWN BY: DCE SHEET: 7 OF 7
JOB NUMBER: J-29601.0000 REVIEWED BY: WAW SCALE: 1"= 60'
&
H U T T O N
611 Burroughs & Chapin Blvd. • Suite 202
Myrtle Beach, SC 29577 • 843.839.3545
www.thomasandhutton.com

4.0 APPROVED JD

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02158 County: Brunswick County U.S.G.S. Quad: Supply
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Donleigh Properties, LLC
Donovan Oliver
Address: 386 Brookgreen Drive
Lumberton, NC, 28358
Telephone Number: [phone]
E-mail Address: doliver28358(ayahoo.com
Size (acres) 70.8 acres Nearest Town Shallotte, NC
Nearest Waterway Mulberry Branch River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 34.000103
Longitude: -78.356778
Location description: This 70.8 acre project is located on Roval Oak road in Shallotte, Brunswick County, NC
(Parcel ID: 1820008306).
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
Page 1 of 2

SAW-2021-02158
X There are Waters on the above described project area subject to the permit requirements of Section 404 of the Clean
Water Act (CWA) (33 USC 1344). Unless there is a change in the law or our published regulations, this determination
may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
X The waters on your project area have been delineated and the delineation has been verified by the Corps. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps.
Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property
which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed
five years.
_ 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 Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at [phone] or
Gary.H.Beecher(ausace.army.mil.
C. Basis For Determination: There are (2) Jurisdictional non -wetland waters onsite that exhibit Ordinary High Water
Marks (OHWM).
D. Remarks: A desk top review was conducted on this application using information obtained from the consultant (Land
Management Group) and Corps generated QL2 Lidar Maps and Soils Maps.
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-2021-02158
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 March 11, 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.
Gary H. Beecher Digitally signed by Gary H. Beecher
Date: 2022.01.11 10:09:08 -05'00'
Corps Regulatory Official:
Date: January 11, 2022 Expiration Date: January 11, 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/f?p=136:4:0.
Copy Furnished via e-mail to:
Consultants:
Paul Farley
Elizabeth Freedland
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
[phone]
pfarley(a,1m2roup.net
efreedland(a,1m2roup.n et

SAW-2021-02158
PROCESS AND
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND
REQUEST FOR APPEAL
Applicant: Donleigh Properties, LLC
Donovan Oliver
File Number: SAW-2021-02158
Date: January 11, 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
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
Corps
I - The following identifies your rights and options
information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
regarding an administrative
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
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
to address some of your objections,
written. After evaluating your
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
objections and may: (a) modify the
or (c) not modify the permit
objections, the district engineer
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 engineer for final
work is authorized. Your signature
and waive all rights to appeal the
with the permit.
terms and conditions therein, you
by completing Section II of this form
within 60 days of the date of
and sending the form to the division engineer. This form must be received by the division engineer
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the
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-2021-02158
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.
PERMIT
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED
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. SHANNIN(a,USACE.ARMY.MIL
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

Dee wudd 71-1 M
Project
Area
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L:\WETLANDS\2021 WETLANDS FILES\LMG21.493 ---
Royal Oak Tract, T&H\Maps
Boundaries are approximate and not meant to be absolute.
Map Source: GIS World Street Map
N 0 1,000 2,000 4,000
A Feel
Scale applies to 11X17" print.
Royal Oak Tract
Brunswick County, NC
LMG
Figure 1
Vicinity Map
Map Date: September 2021
LMG21.493
1.AN() MANAGEMENT GROUP
a DAIIE14. company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]

NOTE: This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary sketch prepared from field notes.
A survey of delineated areas and review and approval by the U.S. Army
Corps of Engineers is recommended prior to specific site planning.
Legend
I-7 Project Area -70.8 ac
Uplands -70.7 ac (100%)
404 Wetlands -0.1 ac (<1 %)
US Waters (Stream) -1,930 If
US Waters (Non -Stream) -1,250 If
Non-Jurisidictional Ditches -2,245 If
Data Points
L:\WETLANDS\2021 WETLANDS FILES\LMG21.493 ---
Royal Oak Tract, T&H\Maps
Boundaries are approximate and not meant to be absolute.
Map Source: 2016 GIS World Imagery
N 0 150 300 600
A Feet
Scale applies to 11X17" print.
Royal Oak Tract
Brunswick County, NC
LMG
Section 401/404 -
Preliminary Delineation
Sketch
Map Date: September 2021
LMG21.493
1.AN17 MANAGEMENT GROUP
a DAIIE14. company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]

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

• w■■
!i d NC DEPARTMENT OF
u.i .. NATURAL AND CULTURAL RESOURCES
■ . ■■■
July 10, 2022
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Royal Oak
Dear Kim Williams:
Roy Cooper, Governor
O. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Hesitage Program
N CN H D E-18582
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 rodney.butlerCc�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
I W JOkNES STREET. RALEIGH, NC 276?3 1E51 MAIL'SERVICE CENTER. RALEIGH, NC 27699
OFC 5i97D7.q120 * EA% 919.707.9121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Royal Oak
July 10, 2022
N CN H D E-18582
Element Occurrences Documented Within a One -mile Radius of the Project Area
Scientific Name ommon Name Imr Element Accuracy
'Pr
Observation Occurrence
Date Rank
Taxonomic EO ID
Group
i
Federal
Status
State Global State
Status Rank Rank
Dragonfly or 33738
Damselfly
Reptile 7407
Somatochlora Coppery Emerald 2004-Pre
georgiana
Alligator American Alligator
mississippiensis
H?
5-Very
Low
2017-09-20 E 3-Medium Threatened
Similar
Appearance
Significantly G3G4 S1?
Rare
Threatened G5 S3
Vascular Plant 19503
Crocanthemum Carolina Sunrose
carolinianum
1965-04-17 H 4-Low
Endangered G4 Sl
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name wner
Brunswick County Open Space Brunswick County
Brunswick County Open Space Brunswick County
Owner
Local Government
Local Government
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.org/help. Data query generated on July 10, 2022; source: NCNHP, Ql, April 2022. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE-18582: Royal Oak
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July 10, 2022
Managed Area (MAREA)
Buffered Project Boundary
Project Boundary
Sources: Esn, Airbus DS, USGS, NGA. NASA, CGIAR, N Robinson, NCEAS,
NLS, OS, NMA, Geodalaslyrelsen, Rilkswaterstaal, GSA, Gealand. FEMA,
Inlemiap and the GIS user community
Sauces: Esti, HERE, Garmin. FAO, NOAA, USGS, ® OpenStreelMMaa
coolnbutors, and the GIS User Community
Page 3 of 3

IPaC
IPaC resource list
U.S. Fish & Wildlife Service
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
Brunswick County, North Carolina
e'llitiCe2"14

Local office
Raleigh Ecological Services Field Office
t. [phone]
la [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487

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

1. Species listed under the Endangered Species Act are threatened or endangered;
IPaC also shows species that are candidates, or proposed, for listing. See the
listing status page for more information. IPaC only shows species that are
regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is
an office of the National Oceanic and Atmospheric Administration within the
Department of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
Wherever found
No critical habitat has been designated for this species.,
https://ecos.fws.gov/ecp/speci es/9045 °.\ ‘4\
Birds
NAME STATUS
Piping Plover Charadrius melodus ' Threatened
There is final critical habitat for this species. The location
of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa
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/1864
Red -cockaded Woodpecker Picoides borealis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Wood Stork Mycteria americana
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8477
Threatened
Endangered
Threatened

Reptiles
NAM E
American Alligator Alligator mississippiensis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Green Sea Turtle Chelonia mydas
There is final critical habitat for this species. The location
of the critical habitat is not available.
http s://e cos. fws.gov/ecp/species/6199
STATUS
SAT
Threatened
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered \O
?*N‘4
Wherever found
There is proposed critical habitat for this species. The
46\00
location of the critical habitat is not available.
httpS:Ileco5.fW5.goVIeCpISeCles/5523
Leatherback Sea Turtle ❑ermochelys co iris area
Wherever found
There is final critical habitat for this species. The location
of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
There is final critical habitat for this species. The location
of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/1110
Snails
Endangered
Threatened
NAME STATUS
Magnificent Ramshorn Planorbella magnifica
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/6216
Insects
Candidate

NAME STATUS
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAM E
Cooley's Meadowrue Thalictrum cooleyi
Wherever found
No critical habitat has been designated for this species.
https://ecos.iws.gov/ecp/species/3281
Candidate
STATUS
Endangered
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
Wherever found
No critical habitat has been designated for this species Y
https://ecos.fws.gov/ecp/species/2747160
Seabeach Amaranth Arnaranthus pumi
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8549
Critical habitats
Threatened
Potential effects to critical habitat(s) in this location must be analyzed along with
the endangered species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Vigratory 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 https://www.fws.gov/programlmigratory-
birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minim zing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.govlsites/d efa u It/files/documents/nationwide-standa rd-
conservation-measures.pdf if
Nov
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.
NAM E
BREEDING SEASON (IFA
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 LIBERAL
ESTIMATE OF THE DATES
INSIDE WHICH THE BIRD
BREEDS ACROSS ITS ENTIRE
RANGE. "BREEDS
ELSEWHERE" INDICATES
THAT THE BIRD DOES NOT
LIKELY BREED IN YOUR \A
PROJECT AREA.) ieN
American Kestrel Falco sparverius paulus Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC) only in
‘AS\1\:C 1°
particular Bird Conservation Regions (BCRs) in the
continental USA
https:l/ecos.fws.govlecp/species/9587
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Conc rn (BCC) in this
area, but warrants attention because of the Eagle Act or
for potential susceptibilities in offshore areas from
certain types of development or activities.
https://ecos.fws gov/ecp/species/1626
Black Skimmer Rynchops niger
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.govfecp/species/5234
Eastern Whip -poor -will Antrostomus vociferus
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
King Rail Rallus elegans
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8936
Breeds May 20 to Sep
15
Breeds May 1 to Aug 20
Breeds May 1 to Sep 5

Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes
erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
Breeds May 10 to Sep
10
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
‘A Swallow-tailed Kite Elanoides forficatus Breeds Mar 10 to Jun 30
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.govle cp/speci es18938
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout
* its range in the continental USA and Alaska.
Breeds Apr 20 to Aug 5
Tell me more about conservation measures I can implement to avoid or minimize impacts to
migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding
in the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be
breeding in your project area, view the Probability of Presence Summary. Additional measures
or permits may be advisable depending on the type of activity you are conducting and the type
of infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?

The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC)
and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of afI birds that may occur in your project area. To get a fist
of all birds potentially present in your project area, please visit the AKN Phenology Tool. \444i
What does IPaC use to generate the probability of presence graphs for the migratory bir s
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.
f
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.
f)
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.
Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be
subject to the restrictions on federal expenditures and financial assistance and the
consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C.
3501 et seq.). For more information, please contact the local Ecological Services
Field Office or visit the CBRA Consultations website. The CBRA website provides
tools such as a flow chart to help determine whether consult lion is required and a
template to facilitate the consultation process.
*3/4 S\f
THERE ARE NO KNOWN COASTAL BARRIERS AT THIS LOCATIO .
Data limitations
The CBRS boundaries used in lPaC are representations of the controlling boundaries, which are
depicted on the official CBRS maps. The boundaries depicted in this layer are not to be
considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the
"CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects
that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the
Service for an official determination by following the instructions here:
https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation
Data exclusions
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on
the location of the unit). The true seaward extent of the units is not shown in the CBRS data,
therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind
energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS
data. For additional information, please contact [e-mail].

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
4SYk\U\
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.\°.
Wetlands in the National Wetlands
Inventory nCei.
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation
under Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army
Corps of Engineers District.
Please note that the NWI data being shown may be out of date. We are currently
working to update our NWI data set. We recommend you verify these results with a
site visit to determine the actual extent of wetlands on site.
This location overlaps the following wetlands:
FRESHWATER FORESTED/SHRUB WETLAND
Palustrine
RIVERINE
Riverine

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 44,
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
.,{„.kasu
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.