20221470 Ver 1_ePCN Application_20221021

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:
8/12/2022
BIMS # Assigned* Version#*
20221470 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:
Pinewood 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
10/21/2022
Nearest Body of Water
Beaverdam Swamp & Town Creek
Basin
Cape Fear
Water Classification
C; Sw
Site Coordinates
Latitude: Longitude:
34.182571 -78.114860
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: 14 - Linear transportation
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:
BRD Land & Investment
2b. Deed book and page no.:
2c. Contact Person:
Tim Samuels
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No

2d. Address
Street Address
259 Textile Way, Suite 102
Address Line 2
City
Fort Mill
Postal / Zip Code
29715
State / Province / Region
SC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group
4c. Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
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)
Pinewood Tract
lc. Nearest municipality / town:
Leland
2. Project Identification
2a. Property Identification Number:
0560005102, 0560002801
2b. Property size:
180.14
2c. Project Address
Street Address
Town Creek Road
Address Line 2
City State / Province / Region
Leland NC
Postal / Zip Code Country
28451 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Beaverdam Swamp & Town Creek
3b. Water Resources Classification of nearest receiving water: *
C; Sw
3c. What river basin(s) is your project located in?*
Cape Fear

3d. Please provide the 12-digit HUC in which the project is located.
030300050601
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 mostly undeveloped and forested. Historically the northern parcel has been used for silvicultural production. Several dirt roads extend throughout the site. One stream runs
along the northwestern property boundary and two other streams are located in the eastern part of the site. Additionally, one stream and one wetland area bisect the parcel off Town Creek
Road. Jurisdictional and non -jurisdictional wetlands are scattered throughout the site. Adjacent land use is residential or undeveloped and forested land.
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:
27.2 (22 jurisdictional & 5.2 isolated)
4g. List the total estimated linear feet of all existing streams on the property:
3,600
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct a residential subdivision within the tract to serve the housing needs of Brunswick County. Jurisdictional wetland and stream impacts are needed
for road crossings 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 project consists of constructing a residential development with 477 single-family lots. Stormwater ponds are planned throughout the site as well. The limits of disturbance will be
cleared of vegetation and graded. Utilities and stormwater facilities will be installed. Homes will then be constructed. Track hoe, loader, dump truck, bob cat, and other standard
construction equipment will be used.
Note that the northern parcel and the parcel to the east used to be part of a larger parcel. The eastern parcel is now owned by Stanley Martin Homes. Although some roads from that
development will provide access to this subdivision, they are independent projects. They have different ownership and are being developed by different entities. Both parcels have access
to state roads and would be developed with or without the other project. The Town of Leland encourages interconnection of projects, which is why the two projects have shared roads.
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:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Paul Farley
Davey Resource Group
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Gary Beecher approved the delineation of the northern parcel during a site meeting in February of 2021 and confirmed that non-jd wetlands are isolated. A JD has not yet been issued.
Robb Mairs with NC DWR performed a stream determination on site. He also assessed the non-jd wetlands and determined that they were isolated and pocosin habitat. The delineation of
the parcel located off Town Creek Rd has not been confirmed by the USACE yet. Attached are data forms and a wetland map for this parcel.
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?
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries
Open Waters Pond Construction
2. Wetland Impacts
Buffers

2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested *
2f. Type of Jurisdicition *
(?)
2g. Impact
area*
1
Road Crossing
P
Non-Riverine Swamp Forest
W1
Yes
Both
0.010
(acres)
2
Road Crossing
P
Non-Riverine Swamp Forest
W2
Yes
Both
0.040
(acres)
3
Road Crossing
P
Riverine Swamp Forest
W3
Yes
Both
0.080
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.130
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.130
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 Beaverdam Swamp
Intermittent
Both
4
Average (feet)
51
(linear feet)
S2
Road Crossing
Permanent
Culvert
UT of Town Creek
Intermittent
Both
4
Average (feet)
48
(linear feet)
S3
Road Crossing
Permanent
Culvert
UT of Town Creek
Intermittent
Both
3
Average (feet)
62
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
161
3i. Total stream and ditch impacts:
161
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Lots were planned to avoid jurisdictional wetlands and streams. A stream and two wetland fingers run the entire length of the parcel that provides access
off Town Creek Road and avoiding these features completely was not possible. Additionally, the Town encourages interconnectivity within a development
to allow multiple ways in/out. Therefore, several crossings are needed to provide access to lots. Bridges were determined to be economically infeasible.
Stream and wetland crossings were narrowed as much as possible in the design.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
A sedimentation and erosion control permit and stormwater permit will be obtained prior to construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Lower Cape Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)

Type: Quantity:
Riparian wetland 0.2
3c. Comments
No stream mitigation is proposed since 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:
Site is located in the Cape Fear River Basin.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
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 engineer is currently preparing a stormwater plan.
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.
No additional impacts to jurisdictional areas are anticipated on this site. Additionally, the developer will obtain stormwater and sedimentation and erosion
control permits prior to development to limit impacts to downstream waters. Note that the Town of Leland is requiring that the developer stub out roads
that will eventually lead to adjacent sites to provide interconnectivity.
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.
Subdivision 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 (1994) of the federally listed red -cockaded woodpecker
within a one mile radius of the site. However, the northern site has been used for silvicultural production and has been periodically logged. The USFWS
IPaC database was also reviewed and several species were identified as potentially occurring in the region. Many of these species require coastal
and/or marine habitat and would not be found within the site. Channels on site do not appear to be large enough to provide suitable habitat for the
American alligator. Forested areas within the site may provide suitable roosting habitat for the northern long-eared bat. Since no hibernacula or maternity
roosting trees are known to occur in the area, any adverse effect from tree clearing would be exempt by the 4(d) rule. Portions of the site provide
suitable habitat for the RCW and DRG performed a survey earlier this year. No cavity trees or birds were observed. See attached summary for additional
information.
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
8b. If yes, explain how project meets FEMA requirements:
Engineer will work with the floodplain manager of Brunswick County to ensure that FEMA requirements are met.
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center website was reviewed.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Pinewood Attachments.pdf 11.56MB
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
10/21/2022

DAVEYI-,
Resource Group
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
October 21, 2022
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Pinewood Tract; Brunswick County, NC
NWP 14 Application
To Whom It May Concern:
On behalf of BIRD Land & Investment, Inc., Davey Resource Group is submitting a Pre -Construction
Notification form and associated attachments for the Pinewood Tract, a residential subdivision
located off Old Town Creek Road in Leland, NC. The purpose of the project is to construct a residential
development within the tract to serve the housing needs of Brunswick County.
The project proposes to permanently impact 0.13 acre of wetlands and 161 LF of streams for road
crossings. To mitigate for wetland impacts, the applicant proposes purchasing credits from the Lower
Cape Fear Umbrella Mitigation Bank. Stream impacts are less than 0.02 acre and no 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,
ILW
Kim Williams
Environmental Scientist
Encl.
Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

PINEWOOD TRACT
Brunswick County, NC
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. 2020 Aerial Photograph
3.0 SITE PLAN DRAWINGS
Sheet 1.Overall Site Plan Showing Proposed Impacts
Sheet 2-3. Close Up Views
Sheet 4. Detail Drawing of Wetland Impacts #2 & #3; Stream Impact #1
Sheet 5. Line Tables
Sheet 6. Detail Drawing of Wetland Impact #1 & Stream Impacts #2 & #3
4.0 WETLAND INFORMATION
USACE and NCDWR Approved Wetland Map of Cannon Tract (northern tract)
Preliminary Wetland Map and Data Sheets for Carroll Tract (southern tract)
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
RCW Survey Summary
6.0 MITIGATION CREDIT AVAILABILITY LETTER

1.0 AGENT AUTHORIZATION FORM

DocuSign Envelope ID: E6B84CO7-OC7F-43CF-A13F-E7EDF228FECB
DA%qEY#-
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Davey Resource Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Pinewood Tract located in Leland, NC (Brunswick County). All questions regarding this
project should be directed to Davey Resource Group.
Sincerely,
DocuSigned by:
E
iwi
4670 EC3901924E5...
Applicant
Tim Samuels
Print Name
10/17/2022
Date
Phone: [phone] Fax: [phone]
3805 Wrightsville Avenue, Suite 15 9 Wilmington, NC 28403

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. 2020 Aerial Photograph

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3.0 SITE PLAN DRAWINGS
Sheet 1.Overall Site Plan Showing Proposed Impacts
Sheet 2-3. Close Up Views
Sheet 4. Detail Drawing of Wetland Impacts #2 & #3; Stream Impact #1
Sheet 5. Line Tables
Sheet 6. Detail Drawing of Wetland Impact #1 & Stream Impacts #2 & #3

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4.0 WETLAND INFORMATION
USACE and NCDWR Approved Wetland Map of Cannon Tract
Preliminary Wetland Map and Data Sheets for Carroll Tract

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N
Boundaries are approximate and not meant to be absolute. 0 150 300 600
Map Source: 2016 GIS World Imagery Laver A Feet
Carrol Parcel
Brunswick County, NC
Map Date: 3/7/21
DRGNCW22.093
DAVEYI
Resource Group
Preliminary
Wetland Map
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Pinewood Tract (Carroll parcel) City/County: Leland/Brunswick Co Sampling Date: 4/6/21
Applicant/Owner: BIRD Land & Investment State: NC Sampling Point: DP1-UP
Investigator(s): Paul Farley Section, Township, Range: '
Landform (hillside, terrace, etc.): Interstream divide Local relief (concave, convex, none): concave Slope (%): 1-2
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.180356 Long:-78.120052 Datum: NAD 83
Soil Map Unit Name: Tomahawk NWI classification: PF04/SS3Bd
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
According to the USACE Antecedent Precipitation Tool, the project area was reviewed during normal precipitation conditions
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al)
_Aquatic Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Marl Deposits (1315) (LRR U)
_ Drainage Patterns (B10)
—Saturation (A3)
—Hydrogen Sulfide Odor (Cl)
—Moss Trim Lines (B16)
—Water Marks (B1)
—Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132)
_Presence of Reduced Iron (C4)
_Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
_Geomorphic Position (D2)
—Iron Deposits (135)
—Other (Explain in Remarks)
—Shallow Aquitard (D3)
_ Inundation Visible on Aerial Imagery (137)
_ FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No x Depth (inches): 20
Water Table Present? Yes
No x Depth (inches): 20
Saturation Present? Yes
No x Depth (inches): 20
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
No observed water table/saturation to at least 20".
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP1-UP
Tree Stratum (Plot size: 30' radius )
1. Pinus palustris
2. Quercus virginiana
3.
4.
5.
6.
7.
8.
50% of total cover: 30
Saplina/Shrub Stratum (Plot size: 30' radius )
1. Quercus virginiana
2.
3.
4.
5.
6.
7.
8.
Absolute
Dominant
Indicatc
% Cover
Species?
Status
40
Yes
FACU
20
Yes
FACU
60 =Total Cover
20% of total cover: 12
10 Yes FACU
10 =Total Cover
50% of total cover: 5 20% of total cover: 2
Herb Stratum (Plot size: 30' radius
1. Aristida stricta
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
50% of total cover: 10
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
1
(A)
Total Number of Dominant
Species Across All Strata:
4
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
25.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of:
Multiply by:
OBL species 0 x 1
= 0
FACW species 0 x 2
= 0
FAC species 20 x 3
= 60
FACU species 70 x 4
= 280
UPL species 0 x 5
= 0
Column Totals: 90 (A)
340
(B)
Prevalence Index = B/A =
3.78
_ 1 - Rapid Test for Hydrophytic Vegetation
2 - Dominance Test is >50%
_ 3 - Prevalence Index is <_3.01
Problematic Hydrophytic Vegetation' (Explain)
20 Yes FAC Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
20 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in
20% of total cover: 4 height.
=Total Cover
50% of total cover: 20% of total cover:
Remarks: (If observed, list morphological adaptations below.)
Hydrophytic
Vegetation
Present? Yes No X
ENG FORM 6116-2-SG, JUL 2018
Atlantic and Gulf Coastal Plain -Version 2.0

SOIL Sampling Point: DP1-UP
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2 Texture Remarks
0-20 10YR 6/2 100
Sandy
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 153B, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
_ Stratified Layers (A5)
_ Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 150B)
_ 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
_ Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 153B)
_ Depleted Below Dark Surface (Al 1)
_ Marl (F10) (LRR U)
_ Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
—Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P, T)
(outside MLRA 138, 152A in FL, 154)
Sandy Mucky Mineral (S1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
_ Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 153B, 153D)
—Sandy Redox (S5)
—Reduced Vertic (F18) (MLRA 150A, 150B)
—Other (Explain in Remarks)
—Stripped Matrix (S6)
—Piedmont Floodplain Soils (F19) (MLRA 149A)
_ Dark Surface (S7) (LRR P, S, T, U)
_Anomalous Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes No X
Remarks:
Sand is friable and uncoated
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

U.S. Army Corps of Engineers OMB Control A 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Atlantic and Gulf Coastal Plain Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Pinewood Tract (Carroll parcel) City/County: Leland/Brunswick Co Sampling Date: 4/6/21
Applicant/Owner: BIRD Land & Investment State: NC Sampling Point: DP1-WET
Investigator(s): Paul Farley Section, Township, Range: '
Landform (hillside, terrace, etc.): Drain Local relief (concave, convex, none): concave Slope (%): 1-2
Subregion (LRR or MLRA): LRR T, MLRA 153A Lat: 34.180621 Long:-78.119676 Datum: NAD 83
Soil Map Unit Name: Murville NWI classification: PF04/SS3Bd
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
According to the USACE Antecedent Precipitation Tool, the project area was reviewed during normal precipitation conditions
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al)
_Aquatic Fauna (1313)
_Sparsely Vegetated Concave Surface (138)
X High Water Table (A2)
_ Marl Deposits (1315) (LRR U)
X Drainage Patterns (1310)
—Saturation (A3)
—Hydrogen Sulfide Odor (Cl)
—Moss Trim Lines (B16)
—Water Marks (B1)
—Oxidized Rhizospheres on Living Roots (C3)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132)
_Presence of Reduced Iron (C4)
_Crayfish Burrows (C8)
_ Drift Deposits (133)
—Recent Iron Reduction in Tilled Soils (C6)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134)
_Thin Muck Surface (C7)
X Geomorphic Position (D2)
—Iron Deposits (135)
—Other (Explain in Remarks)
—Shallow Aquitard (D3)
_ Inundation Visible on Aerial Imagery (137)
X FAC-Neutral Test (D5)
Water -Stained Leaves (139)
Sphagnum Moss (D8) (LRR T, U)
Field Observations:
Surface Water Present? Yes
No X Depth (inches):
Water Table Present? Yes X
No Depth (inches): 4
Saturation Present? Yes X
No Depth (inches): 4
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP1-WET
Absolute Dominant
Indicator
Tree Stratum (Plot size:
30' radius )
% Cover Species?
Status
Dominance Test worksheet:
1. Pinus taeda
30 Yes
FAC
Number of Dominant Species
2. Aces rubrum
20 Yes
FAC
That Are OBL, FACW, or FAC: 4 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 4 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
7.
Prevalence Index worksheet:
8.
Total % Cover of: Multiply by:
50 =Total Cover
OBL species 0 x 1 = 0
50% of total cover:
25 20% of total cover:
10
FACW species 100 x 2 = 200
Saplina/Shrub Stratum (Plot size: 30' radius
)
FAC species 60 x 3 = 180
1. Aces rubrum
10 No
FAC
FACU species 0 x 4 = 0
2. Gordonia lasianthus
10 No
FACW
UPL species 0 x 5 = 0
3. llexglabra
65 Yes
FACW
Column Totals: 160 (A) 380 (B)
4.
Prevalence Index = B/A = 2.38
5.
Hydrophytic Vegetation Indicators:
6.
_ 1 - Rapid Test for Hydrophytic Vegetation
7.
X 2 - Dominance Test is >50%
8.
X 3 - Prevalence Index is <_3.01
85 =Total Cover
-Problematic Hydrophytic Vegetation' (Explain)
50% of total cover:
43 20% of total cover:
17
Herb Stratum (Plot size:
30' radius )
1.
'Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
4.
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
more in diameter at breast height (DBH), regardless of
6
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
9.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
12.
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
20% of total cover:
height.
Woody Vine Stratum (Plot size: 30 )
1. Smilax laurifolia
25 Yes
FACW
2.
3.
4.
5.
Hydrophytic
25 =Total Cover
Vegetation
50% of total cover:
13 20% of total cover:
5
Present? Yes X No
Remarks: (If observed, list morphological adaptations below.)
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain -Version 2.0

SOIL Sampling Point: DP1-WET
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix
Redox Features
(inches) Color (moist) %
Color (moist) % Types Loc2
Texture Remarks
0-8 10YR 2/1
Mucky Sand
8-20 10YR 2/1
Sandy
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: (Applicable to all LRRs, unless otherwise noted.)
Indicators for Problematic Hydric Soils3:
_ Histosol (Al)
—Thin Dark Surface (S9) (LRR S, T, U)
_ 1 cm Muck (A9) (LRR O)
_ Histic Epipedon (A2)
—Barrier Islands 1 cm Muck (S12)
_2 cm Muck (A10) (LRR S)
—Black Histic (A3)
(MLRA 153B, 153D)
—Coast Prairie Redox (A16)
—Hydrogen Sulfide (A4)
—Loamy Mucky Mineral (F1) (LRR O)
(outside MLRA 150A)
_ Stratified Layers (A5)
_ Loamy Gleyed Matrix (F2)
_ Reduced Vertic (F18)
—Organic Bodies (A6) (LRR P, T, U)
_ Depleted Matrix (F3)
(outside MLRA 150A, 150B)
X 5 cm Mucky Mineral (A7) (LRR P, T, U)
_ Redox Dark Surface (F6)
—Piedmont Floodplain Soils (F19) (LRR P, T)
_ Muck Presence (A8) (LRR U)
_ Depleted Dark Surface (F7)
_Anomalous Bright Floodplain Soils (F20)
_ 1 cm Muck (A9) (LRR P, T)
_ Redox Depressions (F8)
(MLRA 153B)
_ Depleted Below Dark Surface (Al 1)
_ Marl (F10) (LRR U)
_ Red Parent Material (F21)
_Thick Dark Surface (Al2)
_Depleted Ochric (F11) (MLRA 151)
_Very Shallow Dark Surface (F22)
—Coast Prairie Redox (A16) (MLRA 150A)_
Iron -Manganese Masses (F12) (LRR O, P, T) (outside MLRA 138, 152A in FL, 154)
Sandy Mucky Mineral (S1) (LRR O, S)
_ Umbric Surface (F13) (LRR P, T, U)
_ Barrier Islands Low Chroma Matrix (TS7)
—Sandy Gleyed Matrix (S4)
—Delta Ochric (F17) (MLRA 151)
(MLRA 153B, 153D)
—Sandy Redox (S5)
—Reduced Vertic (F18) (MLRA 150A, 150B) —Other (Explain in Remarks)
—Stripped Matrix (S6)
—Piedmont Floodplain Soils (F19) (MLRA
149A)
X Dark Surface (S7) (LRR P, S, T, U)
Bright Floodplain Soils (F20)
_ Polyvalue Below Surface (S8)
_Anomalous
(MLRA 149A, 153C, 153D)
3Indicators of hydrophytic vegetation and
(LRR S, T, U)
_Very Shallow Dark Surface (F22)
wetland hydrology must be present,
(MLRA 138, 152A in FL, 154)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
Remarks
ENG FORM 6116-2-SG, JUL 2018 Atlantic and Gulf Coastal Plain — Version 2.0

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

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
September 14, 2022
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: BRD Development Town Creek Rd
Dear Kim Williams:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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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 trustresources) under the U.S. Fish and
Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near
the project area referenced below. The list may also include trust resources that
occur outside of the project area, but that could potentially be directly or indirectly
affected by activities in the project area. However, determining the likelihood and
extent of effects a project may have on trust resources typically requires gathering
additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g.,
magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact
information for the USFWS office(s) with jurisdiction in the defined project area.
Please read the introduction to each section that follows (Endangered Species,
Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information
applicable to the trust resources addressed in that section.
Location
Brunswick County, North Carolina
Na:L f

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

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
j. 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 fo u n d
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
Birds 'OV
NAME 0
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/si2ecies/6039
Red Knot Calls canutus rufa Threatened
Wherever found
There is proposed critical habitat for this species. The
location of the critical habitat is not available.
https://ecos.fws.;_ o�p/species/1864
Red -cockaded Woodpecker Picoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Wood Stork Mycteria americana Threatened
No critical habitat has been designated for this species.
https://ecos.fws. __ o�p/species/8477
NO

Reptiles
NAME STATUS
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws. ov�/ecp/species/776
Green Sea Turtle Chelonia mydas Threatened
There is final critical habitat for this species. The location
of the critical habitat is not available.
https://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Wherever fo u n d
There is proposed critical habitat for this species. The
location of the critical habitat is not available.
v nX4
Endangered
On 1?0
V \\ \
t-,O
https.11e cos.fws.govlecplsped es15523
Leatherback Sea Turtle ❑ermochelys coriacea Endangered
Wherever fo u n d
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/1 110
Snails
III I.\1 II
Magnificent Ramshorn Planorbella magnifica
Wherever found
There is proposed critical habitat for this species. The
location of the critical habitat is not available.
https://ecos.fws. ov�/ecp/species/6216
Threatened
1111r_Ir11 1111
Proposed Endangered

Insects
NAME
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species
https://ecos.fws. _ ov�/ecp/species/9743
Flowering Plants
NAME
Cooley's Meadowrue Thalictrum cooleyi
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ec/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia
Wherever found
No critical habitat has been designated for this specie .
https://ecos.fws.gov/ecp/species/27470 %,
Seabeach Amaranth Amaranthus pumilus
Wherever fo u n d
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8549
Critical habitats
STATUS
Candidate
STATUS
Endangered
ngered
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.
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 https://www.fws.gov/program/rnigratory-
birds/specie
Measures for avoiding and minimizing impacts to birds f
https://www.fws.gov/1ibrary/coIIections/avoidi n�-and-minimizing-i n cidenta 1-ta ke-
migratory-birds
Nationwide conservation measures for birds
httos:Ilwww.fws.2ovlsitesldefaultlfi lesldocu mentslnationwide-sta ndard-
conservation-measu res.pdf
nX4,104%
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
Bachman's Sparrow Aimophila aestivalis Breeds May 1 to Sep 30
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/6177
Brown -headed Nuthatch Sitta pusilla
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions (BCRs) in the
continental USA
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Breeds Mar 1 to Jul 15
Breeds Mar 15 to Aug
25
4
Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrt ear Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
e- 0,� ,
Red-headed Woodpecker Melanerpes Breeds May 10 to Sep
erythrocephalus 10
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
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.;. o�p/species/8938
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug
This is a Bird of Conservation Concern (BCC) throughout 31
its range in the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to
migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding
in the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be
breeding in your project area, view the Probability of Presence Summary. Additional measures
or ep rmits 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 list of migratory birds that potentially occur 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, bandin&
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid ceI1(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 (Earle 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 Rapid Avian Information
Locator (RAU Tool.
What does 1PaC 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 (AKN1. 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 or migrating in my 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 query your location using the RAIL Tool and look at
the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. 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. 4rPO44�ftb
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.
Coastal Barrier Resources System
Projects within the lohn 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) (1 b U.S.C.
3501 et seq.). For more information, please contact the local Ecological Services
Field Office or visit the CBRA Consultations website. The CB RA website provides
tools such as a flow chart to help determine whether consultation is required and a
template to facilitate the consultation process.
There are no known coastal barriers at this location.
Data limitations
The CBRS boundaries used in IPaC 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 [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
There are no fish hatcheries at this location.
Wetlands in the National Wetlands
Inventory
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation
under Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army
Corps of Engineers District.

Wetland information is not available at this time
This can happen when the National Wetlands Inventory (NWI) map service is
unavailable, or for very large projects that intersect many wetland areas. Try again,
or visit the NWI map to view wetlands at this location.
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. r N�4
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. N
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 ci k,..,
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.

Pinewood Tract
Brunswick County, NC
RCW Assessment
DRG evaluated the larger parcel to the north in February of 2022 to determine if the site provided
suitable nesting or foraging habitat for the red cockaded woodpecker (RCW). This site has
historically been used for silvicultural production. Most of the uplands within the site were
cleared in 1998 and then thinned around 2017-2018. The majority of the site now supports a mix
of longleaf and loblolly pine trees that are 4" to 8" DBH. These areas are generally too young and
sparsely vegetated to provide suitable nesting habitat. However, some of the larger trees in these
areas could provide suitable foraging habitat. The southcentral, northeastern, northwestern, and
eastern portions of the tract support older trees that are 8" to 14" DBH on average. These areas
appear to provide suitable nesting and foraging habitat for the RCW. Surveys were conducted in
these stands of older and larger pines using USFWS protocol (walking line transects on a north -
south orientation when possible). No cavities or RCWs were observed.
The smaller tract located to the southwest (with access from Town Creek Road) was evaluated in
October of 2022. Uplands within the site support a canopy of longleaf pines and a sparse shrub
layer of turkey oak and laurel oak. Most of the longleaf pines were between 6" and 10" DBH,
although a few were around 18" DBH. The pines were inspected for RCW cavities. No cavities or
RCWs were observed.
Since portions of the project area provide suitable foraging habitat for the RCW, adjacent
forested tracts were evaluated from the project area to provide a cursory determination if they
supported suitable nesting habitat for the RCW. Forested areas to the north are densely
vegetated wetlands (adjacent to Beaverdam Creek) and unlikely to provide suitable nesting
habitat for the species. Most trees have been cleared from the site to the east. Forested areas
to the southeast that were visible from the project boundaries support mostly pine trees.
However, these areas are fairly dense. A review of larger pines was conducted from the project
area and no cavity trees or RCWs were observed. Therefore, it is our opinion that the project will
not affect the RCW.

6.0 MITIGATION CREDIT AVAILABILITY LETTER

LOWER CAPE FEAR UMBRELLA MITIGATION BANK
STATEMENT OF CREDIT AVAILIBILITY
October 21, 2022
TO: BIRD Land & Investment FROM: Lower Cape Fear Umbrella Mitigation Bank
c/o Kyle diPretoro c/o Davey Resource Group Inc
234 Kingsley Park Dr. #110 3805 Wrightsville Avenue, Suite 15
Fort Mill, SC 29715 Wilmington, NC 28403
Project: Pinewood Tract — Brunswick County, NC
Dear Mr. diPretoro
Pursuant to the recent credit request submitted on your behalf, the Lower Cape Fear Umbrella Mitigation
Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed non -
riparian wetland impacts associated with Pinewood Tract (Brunswick County, NC). This acceptance is
conditional upon the release of pending stream credits as further described below and the receipt of
payment per the fee schedule below. The following table identifies the type and quantity of credits reserved
for your project.
-F F Mitigation Type 7—credits Reserved Fee Per Unit Fee
7— [0 r $646.12 $0.00 Stream
Non -Riparian Wetland 0.2 I $70,939.17 $14,187.83
Riparian (Riverine) Wetland 0.0 F $70,939.17 —F--$0.00
Total Fee 7 $14,187.83
Based upon receipt of email transmitted on your behalf on October 21, 2022, LCFUMB will reserve 0.2 non -
riparian wetland credits for a period of up to 90 days from the date of this letter. Note that requests to
reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to extend
beyond the 90-day period.
Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $14,187.83.
Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all
payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit
types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s)
issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation
requirements. If you have any questions or need additional information, please contact me by phone at
[phone] or by email at [e-mail]
Sincerely,
Davey Resource Group Inc. (agent for LCFUMB)
Christian Preziosi
Principal Consultant