20221645 Ver 1_ePCN Application_20221117

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:
11/17/2022
BIMS # Assigned * Version#*
20221645 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:eads\hasnider
Information for Initial Review
Reviewing Office*
Wilmington Regional Office - [phone]
la. Name of project:
COURTESY COPY Surf City WWTF Digester and Sludge Holding Tank
la. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
11/17/2022
Nearest Body of Water
Cypress Branch
Basin
White Oak
Water Classification
SA; HQW
Site Coordinates
Latitude: Longitude:
34.483182 -77.550439
A. Processing Information
County (or Counties) where the project is located:
Onslow
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: 39 - Commercial/Institutional 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:
Town of Surf City
2b. Deed book and page no.:
2c. Contact Person:
Kyle Breuer
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No

2d. Address
Street Address
214 W. Florence Way
Address Line 2
City State / Province / Region
Hampstead NC
Postal / Zip Code Country
28443 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, Inc.
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)
lc. Nearest municipality / town:
Holly Ridge
2. Project Identification
2a. Property Identification Number:
Portion of 423602788672
2c. Project Address
Street Address
Off Sarge Martin Rd
Address Line 2
City
Holly Ridge
Postal / Zip Code
28445
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Cypress Branch
3b. Water Resources Classification of nearest receiving water: *
SA; HOW
3c. What river basin(s) is your project located in?*
2b. Property size:
- 2 8
State / Province / Region
NC
Country
USA
White Oak

3d. Please provide the 12-digit HUC in which the project is located.
030203020301
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The site is part of the existing Surf City Wastewater Treatment Facility. Access is provided off Sarge Martin Road, which transects the site. Much of the project area is either developed or
cleared. A fringe of dense, woody uplands and wetlands exists in the northern part of the tract. Uplands support a mix of pines and hardwoods and wetlands support mostly hardwoods.
Adjacent land use is the existing WWTF and undeveloped and forested land.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
- 0.5 ac
4g. List the total estimated linear feet of all existing streams on the property:
N/A
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct an additional digester for supplemental storage and removal of sludge, which will help maintain efficient operation of the existing WWTF.
Permanent wetland impacts are needed to provide an access area for maintenance of the proposed digester/sludge holding tank and all associated piping and equipment. Temporary
wetland impacts are also needed as to install erosion control measures.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The project includes the construction of an aerobic digester holding tank and digester decanter to be located adjacent to existing digesters. Additionally, walkways and a vehicular
accessway will be constructed around the digester.
Sedimentation and erosion control measures will first be installed. Then the limits of disturbance will be cleared of vegetation and graded. Accessways and utilities will be installed. Once
construction is completed, erosion control measures will be removed and temporary wetland impacts will be restored back to grade. 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-2022-02205
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Mark Westendorff
Davey Resource Group
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Katharine Elks with USACE issued the PJD on 10/17/22. Note that DRG staff delineated an additional area after the PJD was issued, which is a continuation of the same wetland line.
6. Future Project Plans
6a. Is this a phased project?*
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
2. Wetland Impacts
Streams -tributaries
Pond Construction
Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type*(?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
2g. Impact
area

W1
Site access
P
Headwater Forest
N/A
Yes
Both
0.007
(acres)
W2
Site access
P
Headwater Forest
N/A
Yes
Both
0.064
(acres)
W3
Install erosion control
measures
T
Headwater Forest
N/A
Yes
Both
0.027
(acres)
2g. Total Temporary Wetland Impact
0.027
2g. Total Wetland Impact
0.098
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.071
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The new digester needed to be positioned adjacent to the existing digesters to tie into existing utilities. Additionally, the area south of the digesters is to
be used for a future expansion.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Silt fencing and other erosion control measures will be installed to ensure that sediment does not leave the site during construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Wetland impacts are under 0.1 acre.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Site is located within the White Oak 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
Comments:
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
1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
An EA was not required for this project.
2. Violations (DWR Requirement)

2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
The project will not provide access or utilities to adjacent tracts. Silt fencing and other erosion control measures will be used to ensure sediment does
not leave site during construction.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
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. Many of these species require coastal and/or marine habitat. The site consists of uplands
and freshwater wetlands and would not provide suitable habitat for these species. Forested areas within the site support mostly hardwoods and would
not
provide suitable habitat for the RCW. Forested portions of the site provide suitable roosting habitat for the northern long-eared bat. However, the species
is not known to occur in Onslow County. The site does not appear to provide suitable habitat for any other species known to occur in the area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources.
No cultural or historical resources were noted within or adjacent to the site.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center website

Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Surf City WWTF Attachments.pdf 4.98MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Kim Williams
Signature
Date
11/17/2022

DAVEY
Resource Group
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
November 17, 2022
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Surf City WWTF Digester and Sludge Holding Tank; Holly Ridge; Onslow County, NC
NWP 39 Application
Action ID# SAW-2022-02205
To Whom It May Concern:
On behalf of the Town of Surf City, Davey Resource Group, Inc. is submitting a Pre -Construction
Notification form and associated attachments for the Surf City WWTF Digester and Sludge Holding
Tank project located off Sarge Martin Road in Holly Ridge, NC. The purpose of the project is to
construct an additional digester for supplemental storage and removal of sludge, which will help
maintain efficient operation of the existing WWTF.
The project proposes to permanently impact 0.071 acre of jurisdictional wetlands to provide an
accessway for maintenance of the proposed digester/sludge holding tank and all associated piping
and equipment. Additionally, 0.027 acre of temporary wetland impacts are needed to install erosion
control measures. Because impacts are less than 0.1 acre, no mitigation is proposed.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

Surf City WWTF Digester and Sludge Holding Tank
Holly Ridge, NC
Onslow County
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
Figure 5. Preliminary Wetland Map
3.0 SITE PLAN DRAWINGS
C-1.0. Overview of Project Area
C-1.1 Site Plan Showing Proposed Impacts
C-1.2 Close Up of Impact Areas
4.0 PRELIMINARY JURISDICTIONAL DETERMINATION
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List

1.0 AGENT AUTHORIZATION FORM

DAVEYI,
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 Surf City WWTP located in Surf City, NC (Onslow County). All questions regarding this
project should be directed to Davey Resource Group.
Sincerely,
Print Name
Il/ /ZuZZ
Date
Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
Figure 5. Preliminary Wetland Map

Slum
Sour
To psa #I
Sourii
L:\Wetlands\2022\DRGNCW22.398\NWP\Mapset
Boundaries are approximate and not meant to be absolute.
Map Source: World Street Map
A
0 0.5 1 2
Miles
Surf City WWTF Digester
Pender County, NC
October 2022
DRGNCW22.398
DAVEY#.
Resource Group
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 1.
Vicinity Map

L:\Wetlands\2022\DRGNCW22.398\NWP\Mapset
Boundaries are approximate and not meant to be absolute.
Map Source: USGS Topographic Map; Holly Ridge Quad
N
A
0 250 500
1,000
ft
Surf City WWTF Digester
Pender County, NC
October 2022
DRGNCW22.398
DAVEY4
Resource Group
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 2.
Topographic Map

Mu
BaB
Ln
W
L:\Wetlands\2022\DRGNCW22.398\N WP\Ma pset
Boundaries are approximate and not meant to be absolute.
Map Source: Gridded Soil Survey Geographic (gSSURGO) Database for NC. USDA & NRCS
Pt
A
BaB
LEGEND
BaB: Baymeade fine sand
Ln: Leon fine sand
Mu: Murville fine sand
0 100 200
400
ft
Surf City WWTF Digester
Pender County, NC
October 2022
DRGNCW22.398
DAVEY#
Resource Group
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 3.
Soils Map

L:\Wetlands\2022\DRGNCW22.398\NWP\Mapset
Boundaries are approximate and not meant to be absolute.
Map Source: 2020 NC OneMap
0 50 100
200
ft
Surf City WWTF Digester
Pender County, NC
October 2022
DRGNCW22.398
DAVEY#.
Resource Group
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 4.
Aerial Photo

NOTE: This is not a survey. All boundaries and distances are considered
approximate. This represents a preliminary sketch prepared from field
notes. A survey of delineated areas and review and approval by the U.S.
Army Corps of Engineers is recommended prior to specific site planning.
gir
Legend
Project Area
Waters of the US
Wetlands (- 0.5 ac)
L:\Wetlands\2022\DRGNCW22.398\NWP\Mapset
Boundaries are approximate and not meant to be absolute.
Map Source: 2020 NC OneMap
0 50 100
200
ft
Surf City WWTF Digester
Pender County, NC
October 2022
DRGNCW22.398
DAVEY#.
Resource Group
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 5.
Section 401/404
Delineation Sketch

3.0 SITE PLAN DRAWINGS
C-1.0. Overview of Project Area
C-1.1 Site Plan Showing Proposed Impacts
C-1.2 Close Up of Impact Areas

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GENERAL NOTES, LEGEND, AND ABBREVATIONS
EXISTING SITE AND GRADING PLAN
SITE PLAN
GRADING & STAKING PLAN
AEROBIC DIGESTER
AEROBIC DIGESTER PIPING
AEROBIC DIGESTER SECTION
DIGESTER DECANTER DETAILS
AEROBIC DIGESTER INTERCONNECT DETAILS
EX. AEROBIC DIGESTER MODIFICATIONS
MISCELLANEOUS DETAILS
MISCELLANEOUS DETAILS
EROSION CONTROL DETAILS
EROSION CONTROL DETAILS
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4.0 PRELIMINARY JURISDICTIONAL DETERMINATION

Electronic Transmittal
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02205 County: Onslow U.S.G.S. Quad: NC -Holly Ridge
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Town of Surf City
David Price
Address: 214 N. New River Dr. P.O. Box 2475
Surf City, NC 28445
Telephone Number: 910-329-1055
E-mail: dprice(a surfcity.2ov
Size (acres) 0.4 acre Nearest Town Holly Rid2e
Nearest Waterway Batts Mill Creek River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.483182
Longitude: -77.550439
Location description: The site is located within the wastewater treatment plant off of Sarge Martin Road in Holly Ridge, Pender
County North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters, including wetlands on the above described project area/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). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/15/2022. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/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 project area/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.
❑ There are waters, including wetlandson the above described project area/property 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, including wetlands on your project area/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.

SAW-2022-02205
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. 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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. 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/property 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.
❑ 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 in Wilmington, NC, at [phone] 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 Katharine Elks at [phone] or
katharine.b.elks(ausace. army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 10/17/2022.
D. Remarks: None.
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 (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
[e-mail]
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 Not applicable.
**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 ryOfficial: Katharine Elks Digitally signed by Katharine Elks
Date- 2022 10 17 11:44:56-04'00'
Date of JD: 10/17/2022 Expiration Date of JD: Not applicable

SAW-2022-02205
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
https://regulatory.ops.usace.army.mil/customer-service-survey/.
Copy Fumished:
Davey Resource Group c/o Elizabeth Freedland (Agent)

PROCESS AND
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND
REQUEST FOR APPEAL
Applicant: Town of Surf City David Price File Number: SAW-2022-02205 Date: 10/17/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
x
SECTION
Additional
ctrAg
I - The following identifies your rights and options regarding an administrative appeal
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
of the above decision.
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 fmal
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
•
signature
rights
•
this
PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
on the Standard Permit or acceptance of the LOP means that you accept the permit
to appeal the permit, including its terms and conditions, and approved jurisdictional
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of
you may appeal the declined permit under the Corps of Engineers Administrative Appeal
it to the district engineer for fmal
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
form and sending the form to the division engineer. This form must be received by
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers
completing Section II of this form and sending the form to the division engineer. This form
engineer within 60 days of the date of this notice.
Administrative Appeal Process by
must be received by the division
D: APPROVED
information.
•
•
JURISDICTIONAL DETERMINATION: You may accept or appeal the
ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify
date of this notice, means that you accept the approved JD in its entirety, and waive all
APPEAL: If you disagree with the approved JD, you may appeal the approved JD under
Administrative Appeal Process by completing Section II of this form and sending the form
approved JD or provide new
the Corps within 60 days of the
rights to appeal the approved JD.
the Corps of Engineers
to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED
PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your
proffered permit in clear concise statements. You may attach
objections are addressed in the administrative record.)
reasons for appealing the decision or your objections to an initial
additional information to this form to clarify where your reasons or
ADDITIONAL INFORMATION: The appeal is limited to a
record of the appeal conference or meeting, and any supplemental
clarify the administrative record. Neither the appellant nor the
review of the administrative record,
information that the review
Corps may add new information
the location of information that
the Corps memorandum for the
officer has determined is needed to
or analyses to the record.
is already in the administrative
However, you may provide additional information to clarify
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Katharine Elks
If you only have questions regarding the appeal process you may
also contact:
MR. PHILIP A. SHANNIN
ADMINISTRATIVE APPEAL REVIEW OFFICER
CESAD-PDS-O
60 FORSYTH STREET SOUTHWEST, FLOOR M9
ATLANTA, GEORGIA 30303-8803
PHONE: [phone]; FAX [phone]
EMAIL: [e-mail]
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Katharine Elks, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 10/17/2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Town of Surf City, David Price, 214 N. New
River Dr. P.O. Box 2475, Surf City, NC 28445
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Surf City WWTP, SAW-
2022-02205
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located within the
wastewater treatment plant off of Sarge Martin Road in Holly Ridge, Pender County North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Onslow City: Holly Ridge
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.483182 Longitude: -77.550439
Universal Transverse Mercator:
Name of nearest waterbody: Batts Mill Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
®Office (Desk) Determination. Date: 10/13/2022
Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated
amount of
aquatic
resources in
review area
(acreage and
linear feet, if
applicable
Type of aquatic
resources (i.e.,
wetland vs.
non -wetland
waters)
Geographic authority to
which the aquatic
resource "may be"
subject (i.e., Section 404
or Section 10/404)
W1
34.483256
-77.550341
0.3 acre
Wetland
404
T1
34.483293
-77.550327
132 LF
Non -wetland
waters
404

1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit
authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
▪ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Section 404/401 Delineation Preliminary Sketch
▪ Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
▪ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U. S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data:
❑ USGS 8 and 12 digit HUC maps:
▪ U.S. Geological Survey map(s). Cite scale & quad name- USGS Holly Ridge 7.5 Minute Topographic Quad
▪ Natural Resources Conservation Service Soil Survey. Citation: NRCS GIS Soils Data
❑ National wetlands inventory map(s). Cite name-
▪ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
❑ Photographs: ® Aerial (Name & Date): NAPP 1998 Infrared, 2020 NC One Map
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Katharine
Elks
Digitally signed by
Katharine Elks
Date: 2022.10.17
11:45:32 -04'00'
Signature and date of Regulatory Signature and date of person requesting PJD
staff member completing PJD (REQUIRED, unless obtaining the signature is
10/17/2022 impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action.

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

Roy Cooper, Governor
• ■■■
■■ ■ NC DEPARTMENT OF
■ ■•■• NATURAL AND CULTURAL RESOURCES
■ ■■•
November 17, 2022
Kim Williams
Davey Resource Group, Inc.
3805 Wrightsville Avenue
Wilmington, NC 28403
RE: Surf City WWTF
Dear Kim Williams:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-20014
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rodney.butler@a ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
0 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 919.707.9120 • FAX [phone]

No Element Occurrences are Documented within the Project Area
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NCNHDE-20014: Surf City WWTF
November 17, 2022
Managed Area (MAREA)
Buffered Project Boundary
Project Boundary
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11/17/22, 12:03 PM IPaC: Explore Location resources
IPaC
U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as critical
habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's
(USFWS) jurisdiction that are known or expected to be on or near the project area referenced
below. The list may also include trust resources that occur outside of the project area, but
that could potentially be directly or indirectly affected by activities in the project area.
However, determining the likelihood and extent of effects a project may have on trust
resources typically requires gathering additional site -specific (e.g., vegetation/species
surveys) and project -specific (e.g., magnitude and timing of proposed activities) information.
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 NW!
Wetlands) for additional information applicable to the trust resources addressed in that
101
section.
Project information
NAME
Surf City WWTF 00\141'
LOCATION XIII*
Onslow County, North Carolina
'1\ N i
DESCRIPTION
Some(Construction of additional digester and accessway)
https://ipac.ecosphere.fws.gov/project/CJE4CFQTWND2JM5WAM5SDPFLCA/resources 1/16

11/17/22, 12:03 PM IPaC: Explore Location resources
Local office
Raleigh Ecological Services Field Office
t. [phone]
fi [phone]
MAILING ADDRESS
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
#ose
FOvp„,,os"
\40,c
https://ipac.ecosphere.fws.gov/project/CJE4CFQTWND2JM5WAM5SDPFLCA/resources 2/16

11/17/22, 12:03 PM IPaC: Explore Location resources
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.
00>k‘
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. Log in to IPaC.
2. Go to your My Projects list.
3. Click PROJECT HOME for this project.
4. Click REQUEST SPECIES LIST.
Listed species- and their critical habitats are managed by the tcoiogicai services Program of
the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National Oceanic
and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under their jurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also
shows species that are candidates, or proposed, for listing. See the listing status page for
more information. IPaC only shows species that are regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office
of the National Oceanic and Atmospheric Administration within the Department of
https://ipac.ecosphere.fws.gov/project/CJE4CFQTWND2JM5WAM5SDPFLCA/resources 3/16

11/17/22, 12:03 PM IPaC: Explore Location resources
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
Birds
NAME
STATUS
Threatened
STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/10477
Piping Plover Charadrius melodus
111113\11111.
!AIS
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/60
Red Knot Calidris
Wherever foun
There i
nutus rufa*
ritical habitat for this species.
s.gov/ecp/species/1864
d-cockaded Woodpecker Picoides borealis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Reptiles
NAME
American Alligator Alligator mississippiensis
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Threatened
Threatened
Endangered
STATUS
SAT
https://ipac.ecosphere.fws.gov/project/CJ E4CFQTWN D2JM5WAM5S DPFLCA/resources
4/16

11/17/22, 12:03 PM IPaC: Explore Location resources
Green Sea Turtle Chelonia mydas
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Wherever found
There is proposed critical habitat for this species.
https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
Wherever found
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/1493
Threatened
Endangered
Endangered
101'
,10(1111111P
Loggerhead Sea Turtle Caretta caretta Threatened
There is final critical habitat for this species. Your location does
not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/1110
NAME
0 ohs
G
Monarch Butterfly Danaus plexippus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
*AS.
Rowering 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
Pondberry Lindera melissifolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1279
STATUS
Candidate
STATUS
Endangered
Endangered
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Rough -leaved Loosestrife Lysimachia asperulaefolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8549
Critical habitats
Endangered
Threatened
Potential effects to critical habitat(s) in this location must be analyzed along with the‘14ith
endangered species themselves.
There are no critical habitats at this location. #c1X
Migratory birds 0\4.
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden
Eagle Protection Act .
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and
consider implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2.'jhe Bald and Golden Eagle Protection Act of 1940.
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds
https://www.fws.gov/library/collections/avoiding-and-minimizing-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-conservation-
measures.pdf
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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
American Kestrel Falco sparverius paulus
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliatus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://s.fws.g\v/ecp/species/8935
Bachman's Sparrow Aimophila aestivalis
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/6177
Bald Eagle Haliaeetus leucocephalus
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.
P° -
BREEDI G SEASON
Breeds Apr 1 to Aug 31
Breeds Apr 15 to Aug 31
Breeds May 1 to Sep 30
Breeds Sep 1 to Jul 31
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Black Skimmer Rynchops niger
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/5234
Brown -headed Nuthatch Sitta pusilla
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
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
Breeds May 20 to Sep 15
Breeds Mar 1 to Jul 15
Breeds Mar 15 to Aug 25
106
Breeds May 1 to Jul 31
i . b P\ N
‘ 4°C I- -
Lesser Yellowlegs Tringa flavipes Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its )1
range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/967 114
1
Marbled Godwit Mimosa fedoa Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
https://s.fws.g\v/ecp/species/9481
401410,.
Painted Bunting Passerina ciris Breeds Apr 25 to Aug 15
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Breeds May 1 to Jul 31
Breeds Apr 1 to Jul 31
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Red-headed Woodpecker Melanerpes erythrocephalus
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
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 May 10 to Sep 10
Breeds elsewhere
Breeds elsewhere
Aomik
Swallow-tailed Kite Elanoides forficatus Breeds Mar 10 to Jun 30
This is a Bird of Conservation Concern (BCC) throughout itsoilikk.
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.
°ION'
Breeds Apr 20 to Aug 5
Breeds Apr 1 to Aug 20
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely
to be present in your project area. This information can be used to tailor and schedule your
project activities to avoid or minimize impacts to birds. Please make sure you read and
understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before
using or attempting to interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s)
your project overlaps during a particular week of the year. (A year is represented as 12 4-
week months.) A taller bar indicates a higher probability of species presence. The survey
effort (see below) can be used to establish a level of confidence in the presence score. One
can have higher confidence in the presence score if the corresponding survey effort is also
high
How is the probability of presence score calculated? The calculation is done in three steps:
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1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events
for that week. For example, if in week 12 there were 20 survey events and the Spotted
Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in
week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence
at week 12 (0.25) is the maximum of any week of the year. The relative probability of
presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score. •
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
Breeding Season ( )
Pb0
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds
across its entire range. If there are no yellow bars shown for a bird, it does not breed in your
project area.
Survey Effort (I)
Vertical black lines superimposed on probability of presence bars indicate the number of
surveys performed for that species in the 10km grid cell(s) your project area overlaps. The
number of surveys is expressed as a range, for example, 33 to 64 surveys.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
No Data ( )
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are
based on all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season survey effort no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American
Kestrel
BCC - BCR
++++ ++++ ++++ ++.I I I++•I I I ++ ++++ ++-I I —,+4
American +'++ +I++ ++++ ++1 II++ ++II +++I ++1 ++++ ++++ —+++ +—I+
Oystercatcher
BCC Rangewide
(CON)
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IPaC: Explore Location resources
Bachman's
Sparrow
BCC Rangewide
(CON)
Bald Eagle
Non -BCC
Vulnerable
Black Skimmer
BCC Rangewide
(CON)
Brown -headed
Nuthatch
BCC - BCR
Chimney Swift
BCC Rangewide
(CON)
Gull -billed Tern
BCC Rangewide
(CON)
Lesser
Yellowlegs
BCC Rangewide
(CON)
Marbled
Godwit
BCC Rangewide
(CON)
Painted
Bunting
BCC - BCR
++++ ++++
1111 +111
++++ ++++
+11+
+1++
++++ ++++ ++++ +++
co
Prairie Warbler Ilii
BCC Rangewide c
+
(CON)
SPECIES
Prothonotary
Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
BCC Rangewide
(CON)
Ruddy
Turnstone
BCC - BCR
++++
JAN FEB
1111 I I1-+
1+1+ +1++
++++
111+
MME
+I++ IIII IIII IIII IIII IIII
1111 -II +
++++ +++' F----- ++++ ++++ +++I n1+
I+++ +++111111111 ++I+ +++0 +'+,I ++++ —+++
++++
++++
++++
+I++ ++I1 ++I+ ++II ++++ ++++ ++++ -+++
++++ JIII +++• II++ I+++ ++++
1
++++ 1111
++++ +11'! ++++ +++
++I+ 1+1+ ++++ +++$ ++ +
\As
+ ++++
+++11+11 MI +111
++1+ ++++
1+1+ ++++
++++ -+++1104
\O
++++ +'++ -111 Maul ili! ++++ ++++ ++++ —' 1
MAR APR MAY JUN JUL AUG SEP
++++ 1111 111- ++++ ++++ +-I 1 1 1 1 1 1
++++
OCT NOV DEC
++++ ++++ ++++ ++I+ +++++++ ++++ -+++
++++ ++++ ++++ ++++ I+++ 1+11 1111 1++1+++ -+++ --++
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Kite
BCC Rangewide
(CON)
Willet
BCC Rangewide
(CON)
Wilson's Plover
BCC Rangewide
(CON)
Dowitcher
BCC Rangewide
(CON)
Short -billed ++++
Swallow-tailed ++++
++++ ++I+ ++++ +11+ R III 1 1 1 1-11 1 1 1 1 1 1 1+++
++++ ++++ ++++ +I++ I+++ ++++ ++++ ++++ ++++
- +++ -.1++
- +++ ---++
111111111111 1111 iiii pill 1111pin 11111111-+11
I F++ ++++ ++++ ++++ +I++ I1++ ++++ +JJ'+ ++++ I I I I
_..i�i
- +++
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 list of migratory birds that potentially occur in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention because
they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a
particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area.
It is not representative of all birds that may occur in your project area. To get a list of all birds potentially
present in your project area, please visit the Rapid Avian Information Locator (RAIL) 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.
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Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to interpret
them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird
on your migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern: rk
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); •F
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in
the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either
because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in
offshore areas from certain types of development or activities (e.g. offshore energy development or
longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid and
minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data
Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to
you in your project review. Alternately, you may download the bird model results files underlying the portal
maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird
Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For additional
information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact
Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating
the Eagle Act should such impacts occur.
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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.
\\;c Pb
Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be subject
to the restrictions on Federal expenditures and financial assistance and the consultation
requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C. 3501 et seq.). For more
information, please contact the local Ecological Services Field Office or visit the CBRA
Consultations web. The CBRA website provides tools such as a flow chart to help
determine whether consultation is required and a template to facilitate the consultation
process.
There are no known coastal barriers at this location.
Data limitations
The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are depicted
on the official CBRS maps. The boundaries depicted in this layer are not to be considered authoritative for
in/out determinations close to a CBRS boundary (i.e., within the "CBRS Buffer Zone" that appears as a
hatched area on either side of the boundary). For projects that are very close to a CBRS boundary but do
not clearly intersect a unit, you may contact the Service for an official determination by following the
instructions here: https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation
Data exclusions
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CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on the location
of the unit). The true seaward extent of the units is not shown in the CBRS data, therefore projects in the
offshore areas of units (e.g., dredging, breakwaters, offshore wind energy or oil and gas projects) may be
subject to CBRA even if they do not intersect the CBRS data. For additional information, please contact
[e-mail].
Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.&\#5
Fish hatcheries
There are no fish hatcheries at this location.
Wetlands In the National Wetlands Inventory
y
(NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Wetland information is not available at this time
This can happen when the National Wetlands Inventory (NWI) map service is unavailable, or
for very large projects that intersect many wetland areas. Try again, or visit the NWI map to
view wetlands at this location.
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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
0‘
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the design or
products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state, or local
government or to establish the geographical scope of the regulatory programs of government agencies.
Persons intending to engage in activities involving modifications within or adjacent to wetland areas should
seek the advice of appropriate Federal, state, or local agencies concerning specified agency regulatory
programs and proprietary jurisdictions that may affect such activities.
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