20221526 Ver 1_ePCN Application_20221028

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:
9/1/2021
BIMS # Assigned* Version#*
20221526 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:
Timber Farms; Phase 1
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
10/28/2022
Nearest Body of Water
Shallotte River
Basin
Lumber
Water Classification
C; Sw; HQW
Site Coordinates
Latitude: Longitude:
33.957305 -78.519710
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:
Hardee Timber Tract LLC
2b. Deed book and page no.:
2c. Contact Person:
Mr. Benjy Hardee
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No

2d. Address
Street Address
55 Park Street Extension
Address Line 2
City
Little River
Postal / Zip Code
29566-7818
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)
Timber Farms
lc. Nearest municipality / town:
Shallotte
2. Project Identification
2a. Property Identification Number:
19400008; 19500004; 2110005703; 21100069;
2110006903; 2110006803; 2110006804;
2110006805; 2110004607; 21100046202;
2110006501; 21100064; 2110004602;
2110004607; 21100065; 21100066; 21100067
2c. Project Address
Street Address
Highway 17 & Longwood Road NW (NC 904)
Address Line 2
City
Ash
Postal / Zip Code
28420
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Shallotte River
3b. Water Resources Classification of nearest receiving water: *
C; Sw; HQW
2b. Property size:
851.7 (entire tract)
State / Province / Region
NC
Country
USA

3c. What river basin(s) is your project located in?*
Lumber
3d. Please provide the 12-digit HUC in which the project is located.
030402060701
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:*
Access to the property is provided by Highway 17 (Ocean Highway West) located to the south of the property, Highway 904 (Longwood Road) and Pea Landing Road to the northwest.
The northwestern and eastern portions of the property are predominantly agricultural fields. The western portion of the property is mostly wooded and undeveloped tracts of land. The
southeastern portions of the property contain a golf cart sales and services retail business, a golf cart service building and two residential houses. Wetlands are located in the
southwestern, central, and northwestern portions of the property. A stream is located in the southeastern portion of the site and flows northeast to the Shallotte River. Several agricultural
soil roads provide adequate access to the property. A network of drainage ditches are also located on portions of the property. Adjacent land use is undeveloped and forested, agriculture
fields, 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:
160.7
4g. List the total estimated linear feet of all existing streams on the property:
1,600
4h. Explain the purpose of the proposed project: *
The purpose of the overall project is to construct a mixed use development within this tract. Commercial development will be located in southern part of the tract off Highway 17 and
residential development will be located in the central and northern portions of the site. This is a large development that will be constructed in phases. Phase 1 (submitted in this request)
includes the construction of the main road off Hwy 17 and single family and multi -family residential development in the central portions of the site. Jurisdictional ditch impacts are needed to
construct the main road and the multi -family development.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The overall project will consist of commercial and residential development. Phase 1 consists of single-family and multi -family residential development and a main access road off Hwy 17.
The single family residential development will contain 161 single family lots, access roads, and stormwater ponds. The multi -family development will contain 164 townhomes, an amenity
area (clubhouse, pool), and a pump station. Roads, utilities, stormwater ponds, and parking areas are also proposed. A ditch will also be constructed in the southern part of the site
(between commercial and residential development) to capture ditch flow and funnel it to the stream on site. This ditch will be 6' wide at the bottom of the channel and have 4:1 slopes. No
stream impacts will be needed to outlet the ditch to the stream.
Sediment and erosion control measures will be put in place. Then the limits of disturbance will be cleared of vegetation and the new ditch will be constructed. Then site grading will occur
and roadways and utilities will be installed. Because the site is so flat, a culvert is not proposed at the traffic circle. The ditches are expected to backflow towards new ditch. Building
construction will occur once infrastructure is complete. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes No
Comments:
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2002-00088; SAW-2020-01560
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Corey Novak and Craig Turner
Agency/Consultant Company: Davey Resource Group
Other:
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
The USACE issued the PJD for the western portion of the site (SAW-2002-00088) on 4/1/2020 and a delineation concurrence email for the eastern portion of the site (SAW-2020-01560)
on 11/1/2021.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
The overall site is very large and will be constructed in phases.
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?
It is anticipated that an IP will eventually be needed for future phases of this large development. Impacts will be considered cumulatively with the impacts requested in this NWP
application. Note that the applicant has evaluated potential T&E habitat for the entire site and requested comments from SHPO for the entire site (they had no comment).

D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
4. Open Water Impacts
Streams -tributaries
Pond Construction
Buffers
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbody type
4f. Impact area
OW1
Road construction
P
N/A
Fill
Ditch
0.04
OW2
Road construction
P
N/A
Culverts
Ditch
0.04
OW3
Road construction
P
N/A
Culverts
Ditch
0.02
OW4
Stormwater Pondand
road construction
P
N/A
Excavation
Ditch
0.03
OW5
Building construction
P
N/A
Fill
Ditch
0.09
OW6
Building fill
P
N/A
Fill
Ditch
0.08
OW7
Building fill
P
N/A
Fill
Ditch
0.02
OW8
Building fill
P
N/A
Fill
Ditch
0.06
OW9
Building fill
P
N/A
Fill
Ditch
0.06
OW10
Building fill
P
N/A
Fill
Ditch
0.01
OW11
Building fill
P
N/A
Fill
Ditch
0.02
OW12
Building fill
P
N/A
Fill
Ditch
0.01
OW13
Construction of canal
P
N/A
Excavation
Ditch
0.01
4g. Total temporary open water Impacts:
0.00
4g. Total open water impacts:
0.49
4h. Comments:
4g. Total permanent open water impacts:
0.49
E. Impact Justification and Mitigation u
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Because of the location of numerous ditches throughout the site, it was impossible to avoid them and still maintain an economically feasible project.
Other conveyances will be constructed throughout the site to maintain connectivity of hydrology throughout and adjacent to the site.
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:
The applicant is only proposing to impact manmade jurisdictional ditches with little habitat or water quality benefit. Additionally, other ditches will be created on site.
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 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
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
Brunswick County
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
Comments:
The project engineer is currently preparing a stormwater plan for Phase 1. Note that stormwater ponds will meet NCDEQ 50' stream buffer and setback requirements.
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 utilities or access to adjacent tracts. Additional impacts are anticipated in future phases of the project, which will be looked at
cumulatively with Phase 1. The applicant will obtain stormwater and sedimentation and erosion control permits prior to development to limit 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.
Project will connect to the existing 12" Carolina Shores forcemain (WQ0035578). This forcemain flows to the West Brunswick plant (WQ0023693) and
the System Wide Collection System number is WQCS00284.
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 on or within a one mile radius of the site. The USFWS IPaC database was also reviewed and several
species were identified as potentially occurring in the region. DRG performed a T&E assessment and the a summary report is included. The site does
provide suitable habitat for the NLEB and red cockaded woodpecker. An RCW survey was performed and no cavities or birds were observed.
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.
Numerous surveyed structures are noted along Hwy 17 and Longwood Rd NW. DRG requested comments from SHPO in 2021 for the site. SHPO
provided a response stating they had no comments.
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 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
Timber Farms Attachments.pdf
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
11.66MB
• 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
10/28/2022

DAVEY#-.
Resource Group
October 28, 2022
TO: US Army Corps of Engineers NC Division of Water Resources
69 Darlington Avenue 127 Cardinal Drive Extension
Wilmington, NC 28403 Wilmington, NC 28405
RE: Timber Farms; Phase 1; Hwy 904; Ash; Brunswick County, NC
NWP 29 Application
Action IDs# SAW-2002-00088 & SAW-2020-01560
To Whom It May Concern:
On behalf of Hardee Timber Tract LLC, Davey Resource Group is submitting a Pre -Construction Notification
form and associated attachments for Phase 1 of the Timber Farms development, located off Hwy 17 and
Hwy 904 in Ash, NC. The purpose of the overall project is to construct a residential and commercial
development within the tract to serve the housing and retail needs of Brunswick County. The entire site
is 851.7 acres. Because of its large size, the applicant plans to develop it in phases over the next several
years. Phase 1 is the only portion that has been planned to date and it includes single-family and multi-
family residential development and a main access road off Hwy 17. Eventually, they anticipate needing to
apply for an IP for other impacts needed throughout the site, but no site planning has occurred for these
future phases.
A T&E assessment of the entire site was performed and did not identify any issues. The site may provide
suitable habitat for the northern long-eared bat. Since no roost trees are known to occur in Brunswick
County, any adverse effect would be considered exempt per the 4(d) rule. A red -cockaded woodpecker
survey was conducted in sections of the site determined to have suitable habitat. No cavities or RCWs
were observed. Also note that we requested comments from SHPO for the entire site and they didn't have
any comments.
The project proposes to impact 0.49 acre of jurisdictional ditches for lot fill and roads. 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,
�JJCJwl
Kim Williams
Environmental Scientist
Encl.
www.davey.com • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

TIMBER FARMS
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
Figure 5. Overall Wetland Map (approved by USACE and NCDWR)
3.0 SITE PLAN DRAWINGS
Sheet 1. Phase 1 Site Plan Showing Proposed Impacts
Sheet 2. Close -Up of Impacts
Sheet 3. Impacts 1-4
4.0 JURISDICTIONAL DETERMINATIONS
PJD for Western Tract
Wetland Delineation Concurrence for Eastern Tract
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
RCW Survey Summary & SLOPES Appendix B.
Site Photos
6.0 SHPO COMMENT LETTER

1.0 AGENT AUTHORIZATION FORM

DAVEY#-.
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for Timber Farms, which is located at Hwy 17 and NC 904 in Shallotte, NC (Brunswick
County). All questions regarding this project should be directed to Davey Resource Group.
Sincerely,
Applicant
BoUi y
Print Name
n _ /I 2o2 Z
Date
Phone: [phone]. Fax: [phone]
3805 Wrightsville Avenue, Suite 15 a Wilmington, NC 28403

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. 2020 Aerial Photograph
Figure 5. Overall Wetland Map (approved by USACE and NCDWR)

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Sheet 1. Phase 1 Site Plan Showing Proposed Impacts
Sheet 2. Close -Up of Impacts
Sheet 3. Impacts 1-4

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4.0 WETLAND INFORMATION
PJD for Western Tract
Wetland Delineation Concurrence for Eastern Tract

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2002-00088 County: Brunswick County U.S.G.S. Quad: Shallotte
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
Timber Farms LLC
Ed Gore
1350 Hickman Road NW
Calabash, NC 28467-1703
[phone]
gregsunsetrealtvn gmail.com
Size (acres) 698.1 acres
Nearest Waterway Jinnys Branch
USGS HUC 03040208
Nearest Town Shallotte, NC
River Basin Lower Pee Dee
Coordinates Latitude: 33.957305
Longitude:-78.519710
Location description: This 698 acre uroiect is located between Pea Landing Road and Longwood Road NW in Shallotte,
Brunswick County, NC. (Parcel IDs:19400008,19500004,2110005703,21100069,2110006903,2110004607,21100046202)
Indicate Which of the Following Avvly:
A. Preliminary Determination
X 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 preliminaa 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 overall 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. onyour
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-2002-00088
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
_ The waters of the U. S., including wetlands, on your project area have been delineated and the delineation has been verified
by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ 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
Garv.H.BeecherC&usace.armv. mil.
C. Basis For Determination: This site appears to exhibit wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Regional Coastal Supplement.
D. Remarks: This site was reviewed by using desk top information and by using the previous wetland delineation and
Approved JD as a resource.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin Appeal Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.

SAW-2002-00088
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
BEECH ER.GARY.H.1052973208 Date:2l0signed2 04.0161 :27:35BEECHE04'oR.GQRY.H.1052973208
Date: April 1, 2020 Expiration Date: PJD Does not expire
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.artny.mil/cm qpex/f?p=l36 A:0.
Copy Furnished via e-mail to:
Elizabeth Freedland
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
[phone]
efreedland(d 1mgroup.net

SAW-2002-00088
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Timber Farms LLC
File Number: SAW-2002-00088
Date: April 1, 2020
Ed Gore
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/Res4ulatoiyPros4ramandPennits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

SAW-2002-00088
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Rcgulatory Division,
Mr. Philip Shannin, Administrative Appeal Review Officer
Attn: Gary Beecher
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Rcgulatory 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 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

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L:\WETLANDS\2017 WETLANDS FILES\03-17-338 --- N 0 0.5 1 2
Timber Farms, Greg Gore\Maps\GIS Miles
Boundaries are approximate and not meant to be absolute.
Map Source: 2008 Delorne Atlas & Gazetteer, pg. 86 Scale applies to 11X17" print.
Timber Farms
4LMG
Brunswick County, NC
Figure 1
i
a #__.P.—
Vicinity Map
August 2019
3805 Wrightsville Avenue
LMG # 03-17-338
Wilmington, NC 28403
(910) 452-000I

This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary sketch prepared from field
notes. The site has not been field verified by the USACE at this time.
Legend
Project Area — 698.1 Ac
- Wetland Waters of the US — 160.7 Ac (23 % )
L:\WETLANDS\2017 WETLANDS FILES\03-17-338 --- Timber Farms, Greg Gore\Maps
Boundaries are approximate and not meant to be absolute.
Map Source: 2016 NC OneMap Aerial Photography
Timber Farms
4LMG
Brunswick County, NC
LAND MANAGEMENT GROUP
Ma Date: September 2019
P P
anmer� roenue
N/rightsville
LMG # 17.338
3805 Avenue
Wilmington, NC 28403
[phone]
N 0 450 900 1,800
Feet
Scale applies to 11X17" print.
Figure 8
PJD Form
Reference Map

Site
"1
This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary map prepared from field
sketches. A survey of delineated areas is recommended prior to
specific site planning. Potential Wetland WoUS are shown on a
separate map. Review and approval by the U.S. Army Corps of
Engineers is recommended.
I
y1
f.
Legend
Project Area — 698.1 Ac
f Potential Non -Wetland Waters of the U.S.—79,760 I.f.
Potential Non -Wetland WoUS (Pond) —2.9 ac
UDAR
Value
High : 63.89
Low: 33.1747
N
cane. nnoa un nw I
800
L:\WETLANDS\2017 WETLANDS FILES\03-17-338 ---Timber Farms, Greg Gore\Maps N 0 450 900 1,Feet
Boundaries are approximate and not meant to be absolute.
Map Source: NC Floodplain Mapping Program 2014 QL2 LiDAR Data Scale applies to 11X17" print.
Timber Farms 4LMG
Brunswick County, NC Potential Non -Wetland WoUS Sketch
LAND MANAGEMENT GROUP (Arrows Indicate Flow Direction)
Ma Date: March2020 a°101EV#--D"'Y
p 3805 Wrightsville Avenue
LMG # 17.338 Wilmington, NC 28403
[phone]

11 /8/21, 12:24 PM The Davey Tree Expert Company Mail - Fwd: Wetland Delineation Concurrence statement for SAW-2020-01560 (Timber Farms I...
DAVEYT.
Williams, Kimberlee <[e-mail]>
Fwd: Wetland Delineation Concurrence statement for SAW-2020-01560 (Timber
Farms II) in Brunswick County, NC
1 message
Novak, Corey <[e-mail]> Tue, Nov 2, 2021 at 7:18 AM
To: Doug Wendel <[e-mail]>
Cc: "Williams, Kimberlee" <[e-mail]>, "Freedland, Elizabeth" <[e-mail]>
Hi Doug,
Here is the official concurrence on our wetland delineation at Timber Farms II from the U.S. Army Corps of Engineers.
They are issuing these Delineation Concurrence Letters instead of Jurisdictional Determinations now for projects that
don't have Isolated wetlands. This is all you need to proceed with permitting and site development.
Thanks,
Corey Novak, PWS I Senior Environmental Scientist
Land Management Group I Environmental Consultants
3805 Wrightsville Ave I Suite 15 1 Wilmington, NC 28403
Direct: 910.452.0001 x 1905 1 Cell: 910.471.0508 1 Fax: [phone]
tLMG
a DANZA. company
---------- Forwarded message ---------
From: Beecher, Gary H CIV USARMY CESAW (USA) <[e-mail]>
Date: Mon, Nov 1, 2021 at 10:15 AM
Subject: Wetland Delineation Concurrence statement for SAW-2020-01560 (Timber Farms II) in Brunswick County, NC
To: Novak, Corey <[e-mail]>
Corey,
Reference is made to ORM ID SAW-2020-01560, please reference this number on any correspondence regarding this
action located at 231 Longwood Road NW, Ocean Isle Beach, Brunswick County, NC.
We received information from you requesting the Wilmington District, Regulatory Division review and concur with the
boundaries of an aquatic resource delineation.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be sufficiently accurate and reliable for
permitting actions and the determination of compensatory mitigation requirements. The boundaries of these aquatic
https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view=pt&search=all&permthid=thread-f%3A1715315120390368875%7Cmsg-f%3A1715315120390... 1 /2

11 /8/21, 12:24 PM The Davey Tree Expert Company Mail - Fwd: Wetland Delineation Concurrence statement for SAW-2020-01560 (Timber Farms I...
resources are shown on the delineation map labeled Post NC DWR Meeting Preliminary Wetland/Upland Delineation
Sketch.
Regulatory Guidance Letter (RGL) 16-01
https:Husace.contentdm.ocic.org/utils/getfile/collection/pl6021 coII9/id/1256 provides guidance for Jurisdictional
Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested".
At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation
process, including determining compensatory mitigation. This delineation verification is not an Approved Jurisdictional
Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33
CFR Part 331). However, you may request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation.
Please contact me if you have any questions about this project or about the USACE Regulatory Program.
Respectfully,
Gary
2 attachments
Vicnity Map.pdf
257K
TimberFarmsll_Post DWR Sketch.pdf
1524K
https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view=pt&search=all&permthid=thread-f%3A1715315120390368875%7Cmsg-f%3A1715315120390... 2/2

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OpenStreetMap (and) contributors, CC -BY -SA
L:\WETLANDS\2017 WETLANDS FILES\03-17-338 ---Timber Farms, Greg Gore\Timber Farms 2\Maps N 0 1,000 2,000 4,000
Boundaries are approximate and not meant to be absolute. Feet
Map Source: ArcGIS Open Street Map Scale applies to 11X17 print.
Timber Farms 11
Brunswick County, NC 4LMG
LAND MANAGEMEN-1 GROUP Figure 1
Map Date: March 2020 3805 . DAMAAvenue -.p..y Vicinity Map
Wrightsville
LMG # 17.338 Wilmington, NC 28403
1 [phone] 1 1

L:\WETLANDS\2021 WETLANDS FILES\LMG21.429\Maps 0 200 400 800
Boundaries are approximate and not meant to be absolute. Feet
Map Source: 2020 NC OneMap Aerial Photography Scale applies to 11X17" print.
Timber Farms II
Brunswick County, NC
Map Date: August 24, 2021
LMG21.429
LMG TLAND MANAGEMENT GROUP
a DAM#`. mmpany
3805 Wright-ille Avenue
Wilmington, NC 28403
[phone]
Post NC DWR Meeting
Preliminary Wetland/Upland
Delineation Sketch

5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
RCW Survey Summary & SLOPES Appendix B.
Site Photos

Roy Cooper, Governor
■■� INC DEPARTMENT OF
■■sJ■� NATURAL AND CULTURAL RESOURCES
■ ■■■
August 31, 2022
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue; Suite 15
Wilmington, NC 28403
RE: Timber Farms
Dear Kim Williams:
D. 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 W. JONES STREET, RALE10+_ riC 27603 . 16-SI MAIL 1,EPVICE cENTER. PA,LEIGH. NC 276�9
OFC 919.707,9120 • FAX 919e707.9121

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IPaC Information for Planning and Consultation U.S. Fish & Wildlife Service
IP2r rocni Irro lict
1 `. 1 t. J V U I L. t. 1 1 J L
IPaC is experiencing problems with the National Wetlands Inventory map x
This repo�r� �y�r�i�y���r�t�fc��c����nc�piey�s{�4as critical habitat
(collective rf�f �f �� �(e� lr fr €��Y8?d"u�hpn�p .ii @' Fv6v�PWF eowiY6q;i§WFWS)
jurisdic:tic�ffidH6pLcet6r}yyr greWyey t6b�e 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. "'`�
LV \\***
V%_ Vn
Brunswick County, North Carolina
lea 1�
ramp
Local office
Raleigh Ecological Services Field Office
[phone]
JEJ [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F

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.
S. Click REQUEST SPECIES LIST.
Listed species
1 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 scale 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
Northern Long-eared Bat Myotis septentrionalis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus
Wherever found
There is final critical habitat for this species. The location of the
critical habitat is not available.
https!/Iecos.fws. og v/ecp/species/4469
Birds
NAME
Piping Plover Charadrius melodus
There is final critical habitat for this species. The location of the
critical habitat is not available.
htt 11 fw 1 1 ; 15039
STATUS
Threatened
Threatened
Marine mammal
STATUS
Threatened
ps. ecas, s.gav ecp. species
Red Knot Calidris canutus rufa Threatened
Wherever found rs
There is proposed critical habitat for this species. The location of the
critical habitat is not available.
https:l/ecos.fws,gov/ecp/speci e5/1864
Red -cockaded Woodpecker Picoides borealis
Wherever Found
No critical habitat has been designated for this species.
https-1/ecos. fws.2ov/eco/sneci es17614
�lm
Wood Stork Mycteria americans
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8477
Reptiles
NAME
American Alligator Alligator mississippiensis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Endangered
Threatened
STATUS
SAT

Green Sea Turtle Chelonia mydas Threatened
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
Wherever found
There is proposed critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
Wherever found
There is final critical habitat for this species. The location of the
critical habitat is not available.
https://ecos.fws.gov/eci2/species/1 493
Endangered
114
-.01(to NO
Loggerhead Sea Turtle Caretta caretta Threatened
There is final critical habitat for this species. The location of the
critical habitat is not available. \)\OPA
https://ecos.fws.gov/ecp/species/1110
Snails
NAM E .0 STATUS
Magnificent Ramshorn Planorbella magnifica Candidate
Wherever found
No critical habitat has been ignated for this species.
https://ecos.fws.gov/ecp/species/6216
Insects`
NAME.
Monarch Butterfly Danaus plexippus
Whereverfounc:
No critical habitat has been designated for this species.
https://ecos.fws.gov/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/ecp/species/3281
STATUS
Candidate
STATUS
Endangered

Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8549
Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with the endangered
species themselves.
THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act
'- and the Bald and Golden Eagle Protection Actij.
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 be ow.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald andGoldenEke Protection Act of 1940,
Additional information can be found using the following links,
• Birds of Conservation Concern http:l/www.fws.g_ov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds
htto://www.fws.gov/birds/management/oroiect-assessment-tools-and-guidance/
conservation-measures.php
Nationwide conservation measures for birds
The birds listed below are birds of particular concern either because they occur on the USFWS Birds
of Conservation Concern (BCC) list or warrant special attention in your project location. To learn
more about the levels of concern for birds on your list and how this list is generated, see the FAQ
below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on
this list will be found in your project area. To see exact locations of where birders and the general
public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:

enter your location, desired date range and a species on your list). For projects that occur off the
Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird
species on your list are available. Links to additional information about Atlantic Coast birds, and
other important information about your migratory bird list, including how to properly interpret and
use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and minimization measures to
reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at
the top of your list to see when these birds are most likely to be present and breeding in your project
area.
NAME
BREEDING SEASON (IFA
BREEDING SEASON IS INDICATED
FOR A BIRD ON YOUR LIST, THE
.....................................................................................
BIRD MAY BREED IN YOUR
........................................................................
PROJECT AREA SOMETIME WITHIN
.............................................................................................
THE TIMEFRAME SPECIFIED,
WHICH IS A VERY LIBERAL
...........................................I...........
ESTIMATE OF THE DATES INSIDE
...............................................................................
WHICH THE BIRD BREEDS ACROSS
....................................................................
ITS ENTdRE RANGE. "BREEDS
. ........................................ ................... ....................
ELSEWHERE" INDICATES THAT THE
........................................................... ........................
BIRD DOES NOT LIKELY BREED IN
_............................................................................
YOUR PROJECT AREA.)
............................................................
American Kestrel Falco sparverius paulus ,,,
Breeds Apr 1 to Aug 31
This is a Bird of Conservation Concern (BCC} only in particular Bird
Conservation Regions (SCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliatus Breeds Apr 15 to Aug 31
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
I�ttps:llecos.fws. av/ecplsp cie�s18935
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to Jul 31
This is not a Bird of Conservation Concern (BCC) in this area, but
warrants attention because of the Eagle Act or for potential
susceptibilities in offshore areas from certain types of development
or activities.
https://ecos.fws.gov/ecp/species/1626
Black Skimmer Rynchops niger Breeds May 20 to Sep 15
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/5234

Gull -billed Tern Gelochelidon nilotica
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9501
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
Lesser Yellowlegs Tringa flavipes
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9679
Breeds May 1 to Jul 31
Breeds May 1 to Sep 5
Breeds elsewhere
r4z��\
Marbled Godwit Limosa fedoa Breeds elsewhere
This is a Bird of Conservation Concern (8CC) throughout its range in
the continental USA and Alaska.
htLps://ecos.fws.gov/eW/species/9481
Prairie Warbler Dendroica discolor �"`` Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range in +r+
the continental USA and Alaska. \EOFi
0
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to] u 131
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
4-01"_\, I
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep 10
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Ruddy Turnstone Arenaria interpres morinella
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Rusty Blackbird Euphagus carolinus
This is a Bird of Conservation Concern (BCC) only in particular Bird
Conservation Regions (BCRs) in the continental USA
Short -billed Dowitcher Limnodromus griseus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9480
Breeds elsewhere
Breeds elsewhere
Breeds elsewhere

Swallow-tailed Kite Elanoidesforfcatus
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/8938
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Wilson's Plover Charadrius wilsonia
This is a Bird of Conservation Concern (BCC) throughout its range in
the continental USA and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in
Breeds Mar 10 to Jun 30
Breeds Apr 20 to Aug 5
Breeds Apr 1 to Aug 20
Breeds May 10 to Aug 31
the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any
location year round. Implementation of these measures is particularly important when birds are most likely to occur
in the project area. When birds may be breeding in the area, identifying the locations of any active nests and
avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur
and be breeding in your project area, view the Probability of Presence Summary, Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species
present on your project site.
'
What does IPaC use to generate the migratory birds potentially occurring in my specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern {BCC) and other species that
may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network
(AKN). The AKIN 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 3 Okm 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
(Ea le Art requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not
representative of all birds that may occur in your project area. To get a list of all birds potentially present in your
project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring
in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian
Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science
datasets .
Probability of presence data is continuously being updated as new and better information becomes available. To
learn more about how the probability of presence graphs are produced and how to interpret them, go the
Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-
round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if
you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If
a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is
indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range
anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the
continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of
the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas From
certain types of development or activities (e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to
avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For
more information on conservation measures you can implement to help avoid and minimize migratory bird impacts
and requirements for eagles, please see the FAQs for these topics. +f►
\.) %001
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 Divi9A_Bird Study and the an❑ ag stud_ies or contact -Caleb Uiggel 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.
Foy

Marine mammals
Marine mammals are protected under the Marine Mammal Protection Act. Some are also protected
under the Endangered Species Act
and the Convention on International Trade in Endangered Species of Wild Fauna and Flora?.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears, manatees,
and dugongs] and NOAA Fisheries
2 [responsible for seals, sea lions, whales, dolphins, and porpoises]. Marine mammals under the
responsibility of NOAA Fisheries are not shown on this list; for additional information on those
species please visit the Marine Mammals page of the NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take (to harass, hunt, capture, kill, or attempt to
.....................................................................................................................................................
harass, hunt, capture or kill) of marine mammals and further coordination may be necessary for
.......................................................................................
project evaluation. Please contact the U.S. Fish and Wildlife Service Field Office shown.
1. The Endangrered Spe_cies_Act (ESA) of 1973.
2. The Convention on International Trade in Endgingered Species of Wild Fauns and Flora (CITES) is a
treaty to ensure that international trade in plants and animals does not threaten their survival in
the wild.
3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the
National Oceanic and Atmospheric Administration within the department of Commerce.
The following marine mammals under the responsibility of the U.S. Fish and Wildlife Service are
potentially affected by activities in this location
NAME
West Indian Manatee Tric11�1sIt
manatus
httr)s://ecos.fws� ov/ecv/sr)ecies/4469
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 LAN DSATTHIS 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 r4&*\4
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 rn4p to view wetlands at
this location.
Ar
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information
on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery.
Wetlands are identified based on vegetation, visible hydrology and geography. A margin of error is inherent in the
use of imagery; thus, detailed on -the -ground inspection of any particular site may result in revision of the wetland
boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts,
the amount and quality of the collateral data and the amount of ground truth verification work conducted.
Metadata should be consulted to determine the date of the source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work. There may be
occasional differences in polygon boundaries or classifications between the information depicted on the map and
the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial
imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged
aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.
Some deepwater reef communities (coral or tuberficid worm reefs) have also been excluded from the inventory.
These habitats, because of their depth, go undetected by aerial imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe wetlands in a
different manner than that used in this inventory. There is no attempt, in either the design or products of this
inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the
geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities
involving modifications within or adjacent to wetland areas should seek the advice of appropriate federal, state, or

TIMBER FARMS
Brunswick County, NC
T&E Assessment
INTRODUCTION & DATABASE REVIEW
DRG evaluated the 851-acre Timber Farms tract in October of 2022 to determine the site's
potential to support federally listed threatened or endangered species as identified using the US
Fish and Wildlife Service's Information, Planning, and Consultation (IPaC) system (Table 1;
Appendix A). The NC Natural Heritage Program database was also reviewed to determine if any
rare species are known to occur on or near the site. According to their files, no federally listed
species are known to occur on or within a one mile radius of the site.
Table 1. Federally protected endangered and threatened species that may occur within the project area
per the USFWS IPaC system (see Appendix A).
Habitat
Status
Habitat Description
Present in
Common Name
Scientific Name
US NC
Project Area?
ANIMALS
American Alligator
Alligator
T
T
Freshwater swamps, marshes,
No
mississippiensis
(S/A)
rivers, and lakes
Haliaeetus
Nest in large trees near open
Bald Eagle
leucocephalus
BGPA
T
water
No
Shallow waters (except when
Green Sea Turtle
Chelonia mydas
T
T
migrating) inside reefs, bays,
No
and inlets; open beaches are
required for nesting.
Nearshore and inshore waters
Kemp's Ridley Sea
Lepidochelys
of the northern Gulf of Mexico;
Turtle
kempii
E
E
open beaches are required for
No
nesting.
Leatherback Sea
Dermochelys
Tropical and temperate waters
Turtle
E
E
of the Atlantic, Pacific, and
No
coriacea
Indian Oceans
Estuarine and oceanic waters;
Loggerhead Sea
bays, lagoons, salt marshes,
Turtle
Caretta caretta
T
T
creeks, ship channels, and the
No
mouths of large rivers
East population migrates
between central Mexico and
Monarch Butterfly
Danaus plexippus
C
Canada; requires nectar
No
habitat including milkweed
plants.
1

Habitat
Status
Habitat Description
Present in
Common Name
Scientific Name
US NC
Project Area?
Hibernates in caves and
mines; roosts underneath
bark, in cavities or in crevices
Northern Long-eared
Myotis
T
of both live trees and
Yes
Bat
septentrionalis
snags. They are site
generalists and can be found in
a range of forested areas.
coastal beaches, sand flats at
Piping plover
T
T
the ends of sand spits and
No
elod
ms
elodu
barrier islands
Red -Cockaded
Picoides borealis
E
E
Open pine woodlands and
Yes
Woodpecker
savannas with large old pines
Calidris canutus
Intertidal, marine habitats,
Red Knot
rufa
T
especially near coastal inlets,
No
estuaries, and bays
West Indian Manatee
Trichechus
T
E
fresh- and saltwater habitats at
No
manatus
least 2 meters in depth
Freshwater and estuarine
wetlands; nest in patches of
Wood Stork
Mycteria
T
E
medium to tall trees, either in
No
americana
standing water or on islands
surrounded by open water
PLANTS
Cooley's Meadowrue
Thalictrum cooleyi
E
E
Moist to wet bogs and savannas
No
with neutral soils
Ecotones between pine
Rough -leaved
Lysimachia
savannas and pocosins, on moist
Loosestrife
asperulaefolia
E
E
to seasonally saturated sands,
No
on organic soils overlaying sand
Seabeach Amaranth
Amaranthus
T
T
Overwash flats at accreting ends
No
pumilus
of islands and lower foredunes
TABLE KEY:
Status Definition
Endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
Threatened. A taxon "likely to become endangered within the foreseeable future throughout all
or a significant portion of its range."
T(S/A) Threatened due to similarity of appearance.
BGPA Protected under the Bald and Golden Eagle Protection Act.

SITE DESCRIPTION
The northwestern and eastern portions of the property are predominantly agricultural fields. The
western portion of the property is mostly wooded and undeveloped tracts of land. The
southeastern portion of the property contains several buildings and two residential houses.
Wetlands are located in the southwestern, central, and northwestern portions of the property.
These wetlands are Carolina bays, pocosins, or pine flats that support a dense assemblage of
pond pine, titi, gallberry, and fetterbush. Forested uplands support a mix of longleaf pines and
loblolly pines with a developing shrub layer of turkey oak and live oak. Some hardwoods are
located in the southern part of the tract. A stream is located in the southeastern portion of the
site and flows northeast to the Shallotte River. Several agricultural soil roads provide adequate
access to the property. A network of drainage ditches are also located on portions of the site.
Adjacent land use is undeveloped and forested, agriculture fields, or residential.
During the site evaluation, the tract was inspected for habitat that could support federally
protected species. The tract does not provide suitable habitat for most of the species listed in
Table 1. Based on current conditions, it is our opinion that the site provides suitable for the
northern long-eared bat and red -cockaded woodpecker. These species are discussed below.
Northern Long-eared Bat
The northern long-eared bat (NLEB) was listed as threatened under the Endangered Species Act
in 2015 (80 FR 17974) because of population declines caused by white -nose syndrome and the
continued spread of the disease. The northern long-eared bat hibernates during the winter in
caves and mines with constant temperatures, high humidity, and no air currents. During the
winter and summer, they roost alone or in colonies underneath bark, in cavities or in crevices of
both live trees and snags. They are site generalists and can be found in a range of forested areas
from large contiguous forested blocks to small, wooded lots; densely vegetated stands to more
open stands; and hardwood forests to mixed pine/hardwood forests. No hibernacula appear to
exist within the project area. Portions of the site are forested and could potentially provide
appropriate winter and summer roosting habitat. Although the bat is known to occur in
Brunswick County, no roost trees have been identified by the US Fish and Wildlife Service in the
county. Therefore, any associated take from the proposed project as a result of cutting trees
would be exempt per the Programmatic Biological Opinion for the NLEB.
Red -Cockaded Woodpecker
Most of the forested uplands within the site support a canopy of loblolly pines and/or longleaf
pines that are 4" diameter at breast height (DBH) to 18" DBH. A moderate shrub layer of turkey
oak, live oak, gallberry, magnolia bay, and wax myrtle is also present in the northern uplands.
Forested uplands in the west central part of the tract support more longleaf pines and a minimal
3

shrub layer. Uplands in the southern part of the site support a mix of pines and hardwoods in the
canopy. Wetlands contain a mix of pond pine and hardwood species and are densely vegetated.
RCW surveys were conducted in stands that have a majority of pines in the canopy that are 8"
DBH or larger using USFWS protocol (walking line transects on a north -south orientation when
possible). 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
support suitable nesting habitat for the RCW. Forested areas to the north, northeast, and west
do support a canopy of pines but are densely vegetated and unlikely to provide suitable nesting
habitat for the species. Therefore, it is our opinion that the project will not affect the RCW.
all

RCW SLOPES Manual — North Carolina
March 2022
Appendix B — Red -cockaded Woodpecker Effects Determination Key
TIMBER FARMS
ORM2 No.:
USFWS Reference No. (if applicable):
Date
US Army Corps
of Engineers
1) Is the action area' located within the RCW consultation area (see Appendix A and project -specific
results from a project -specific IPaC or internal USACE GIS review)?
a) Yes.........................................................................................................................................go to 2
b) No...................................................................................................................................... No effect2
2) Is the action area' located in the northeastern coastal plain (see Appendix A)?
a) Yes..........................................................................................................................................go to 3
b) No (the project is located in piedmont, sandhills, or southeastern coastal plain) .................go to 4
3) Is the action area' located in a forested area with pine trees present in northeast North Carolina (e.g.,
high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe
evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes,
are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table
1 for a description of the minimum dbh of 30-year-old pines associated with each community type).
If the answer to both of these questions is yes, choose Yes below. If the answer to one or both
questions is no, then choose No below.
a) Yes..........................................................................................................................................go to 8
b) No...................................................................................................................................... No effect2
4) Is the action area' located within suitable RCW foraging or nesting habitat (pine or pine/hardwood
stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30
years of age or older or >_8-inches dbh')?
a) Yes..........................................................................................................................................go to 5
b) No...................................................................................................................................... No effect2
5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh; or will any
activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a
cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office.
a) Yes (to one or both)............................................................................................................... go to 6
b) No............................................................................................................................................NLAA3
12

RCW SLOPES Manual — North Carolina
March 2022
6) Is the action area' located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or
pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including
but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes...........................................................................................................................................go to 9
b) No............................................................................................................................................go to 7
7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be
impacted by any activity in the action area'?
a) Yes.........................................................................................................................................go to 9
b) No............................................................................................................................................NLAA3
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action area'.
Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in
the action area', or is the action area' within 200 feet of a cavity tree? If the answer to either of these
questions is yes, choose Yes below. If unable to determine the location of a cavity tree with
confidence, then contact the USFWS Raleigh Field Office.
a) Yes.........................................................................................................................................go to 9
b) No............................................................................................................................................NLAA3
9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey
is necessary (for a list of USACE representatives please see the contact list at http://saw-
ree.usace.army.mil/FO/PMList.pdf). Note that project -specific information, such as a delineation of
waters of the U.S., project plans, and details concerning certain activities on disturbances that would
occur in the action area' (e.g. percussive activities, forest management, or similar disturbances), may
be needed for the USACE to determine the action area(s)' of the project. If a survey is required and
agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action area' should
be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is
unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such
surveys are conducted by running line transects through stands and visually inspecting all medium-
sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all
trees are inspected and are run north -south.
Was a survey performed?
a) Yes, a survey was performed, and RCW cavity trees were observed .................................... go to 10
b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the
results (no RCW cavity trees were observed).......................................................................... NLAA3
c) No, the USACE determined that a survey was not required and the USFWS
concurred................................................................................................................................. NLAA3
d) No, a survey was not performed....................................................................Consultation required'
A survey was conducted within suitable habitat and no cavities or RCWs were observed. Please see
attached summary. Coordination with the USFWS has not yet occurred.
10) Does the project involve activities or disturbances in the action area' (e.g., percussive activities, forest
management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or
damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then
consultation is required.
a) Yes.................................................................................................................Consultation required'
13

RCW SLOPES Manual — North Carolina
March 2022
b) No.........................................................................................................................................go to 11
14

RCW SLOPES Manual — North Carolina
March 2022
11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat
would remain for each RCW group post -project? For information on how to conduct an FHA', refer to
the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.'
a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred that
adequate amounts of foraging habitat would remain post -project ...................................... NLAA3
b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined
inadequate amounts of foraging habitat would remain post -project Consultation required'
c) No, an FHA' has not been conducted..........................................................Consultation required'
'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved
in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action.
For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.mil/FO/PMList.pdf.
2No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if
applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the
project as described.
3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if
applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh
and Asheville Ecological Services field offices, therefore, consultation is considered complete forthis species. For General Permits,
submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations.
4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey
protocol (https://www.fws.gov/rcwrecovery/files/RecoveryPlan/survey protocol.pdf)
5Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the
contact list at http://saw-reg.usace.army.mil/FO/PM List. pdf. Further consultation with the USFWS Raleigh and Asheville
Ecological Services field offices is necessary to discern if the activity would result in a "no effect," "not likely to adversely affect,"
or "likely to adversely affect' determination.
6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecoverv/matrix.html) and for
determining foraging habitat availability(https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf).
'Follow link for additional information regarding determination for adequate amount of foraging habitat
(https://www.fws.gov/rcwrecoverv/files/RecoveryPlan/private lands guidelines.pdf).
8 FHA —When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence.
Additional Information
15

RCW SLOPES Manual — North Carolina
March 2022
Appendix C — Conservation Recommendations
These recommendations are optional and, if implemented, would support the agency's goals toward
recovery. These recommendations are to be used at the discretion of the permittee, but any measures that
avoid and minimize effects to the species are highly encouraged by the USFWS.
1. Minimize project impacts within clusters and foraging habitat whenever possible (i.e., conduct large
pine removal outside of nesting season [April 1 to July 31], trim branches instead of complete tree
removal, switch building plans to retain large pines).
2. The USFWS strongly recommends that occupied habitats be avoided and preserved. The first measure
is to modify the project footprint to avoid direct impacts to RCW habitat. This habitat could be
designated as an environmentally sensitive area and set aside by deed restriction, easement, or
another protective covenant. If the occupied habitat on the property exceeds 5 acres (2 hectares),
then a habitat management plan is also recommended. Incorporating these recommendations into
the project design and documenting them in the habitat management plan might result in the project
being not likely to adversely affect the RCW.
3. On -site habitat enhancements are recommended by the USFWS in situations where a project
proposes to impact occupied RCW habitat. If the site has been physically altered by exotic species
invasion, lack of fire, or other anthropogenic actions, these alterations have produced on -site habitat
conditions that have resulted in marginally suitable habitats for RCW's survival and propagation. The
planned action, through project redesign, has avoided impacting a substantial portion of the habitat,
however, some habitat loss will still occur. The project proposes on -site habitat enhancements and
management actions that provide habitat quality improvements that balance losses of small amounts
of marginally suitable habitats. Incorporating these recommendations into the project and
documenting them in a habitat management plan can result in the project being not likely to adversely
affect the RCW.
4. Remove vines and thick underbrush/mid-story to improve site suitability.
5. Provision starts and/or completed cavities in suitable large pines to provide additional housing
opportunities to an RCW cluster.
16

Timber Farms; Brunswick Co.
Site Photos
View of pines in northern part of tract
One of the dirt roads that provides access through site

Timber Farms; Brunswick Co.
Site Photos
Longleaf pines in central western part of site
Wetlands within the site

Timber Farms; Brunswick Co.
Site Photos
Area southwest of tract
Area west of tract

6.0 SHPO COMMENT LETTER

6 � STAT£
r� Qunr-n •nog%'•
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
November 17, 2021
Kimberlee Williams
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
[e-mail]
Re: Construct Timber Farms mixed -use commercial and residential development, off Highway 17 and
Pea Landing Road NW, Sunset Beach, Brunswick County, ER 21-2390
Dear Ms. Williams:
Thank you for your letter of October 5, 2021, regarding the above -referenced undertaking. We have
reviewed the submission and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or [e-mail]. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
r Ramona Bartos, Deputy
(U� State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898