20221718 Ver 1_ePCN Application_20221202

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:
12/2/2022
BIMS # Assigned* Version#*
20221718 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:[e-mail]
Information for Initial Review
Reviewing Office*
Wilmington Regional Office - [phone]
la. Name of project:
COURTESY COPY Sleepy Creek Farms Properties - Access Road Improvements
la. Who is the Primary Contact?*
S&EC, PA - Bob Zarzecki
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
12/2/2022
Nearest Body of Water
Shaken Creek (18-74-33-4)* & Virginia Creek (18-87-9)
Basin
Cape Fear; White Oak
Water Classification
C; Sw* & SA;HQW
Site Coordinates
Latitude:
35.443
A. Processing Information
County (or Counties) where the project is located:
Pender
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No
Longitude:
-77.634

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: 18 - Minor Discharges
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:
Joseph A. Noble
2b. Deed book and page no.:
DB1869 - PG18
2c. Contact Person:
n/a
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No

2d. Address
Street Address
931 Whitfield Road
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]
3. Applicant Information (if different from owner)
3a. Name:
J.L. Maxwell, III
3b. Business Name:
Goldsboro Milling Company, Inc. (fka Sleepy Creek Farms, Inc.)
3c. Address
Street Address
938 Millers Chapel Road
Address Line 2
PO Box 10009
City
Goldsboro
Postal / Zip Code
27533
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Bob Zarzecki
4b. Business Name:
Soil & Environmental Consultants, PA
4c. Address
Street Address
8412 Falls of Neuse Road
Address Line 2
Suite 104
City
Raleigh
Postal / Zip Code
27615
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(If appropriate)
lc. Nearest municipality / town:
Hampstead
State / Province / Region
NC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
2. Project Identification

2a. Property Identification Number:
Portion of 4215-05-9656-0000
2b. Property size:
0.98
2c. Project Address
Street Address
Continuation of Old Whitfield Road
Address Line 2
City
Hampstead
Postal / Zip Code
27533
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Shaken Creek (18-74-33-4)* & Virginia Creek (18-87-9)
3b. Water Resources Classification of nearest receiving water: *
C; Sw* & SA;HQW
3c. What river basin(s) is your project located in?*
Cape Fear
White Oak
3d. Please provide the 12-digit HUC in which the project is located.
030300070607* & 030203020402
4. Project Description and History
State / Province / Region
NC
Country
USA
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: *
The site consists of an abandoned railroad (Wilmington -New Bern, aka Seaboard Coastline (S.C.L.) Railroad) which has been converted many years ago to a gravel access road known
as the "continuation of Old Whitfield Road" or simply the "Old Whitfield Road access" to the Sleepy Creek Farms Properties. Wetlands border a portion of this access road.
The general land use in the vicinity of the project consists of vacant forest land, rural farm/pastureland, and the 7-lot Old Whitfield Estates single family subdivision to the south.
* Note: While the site (being Sleepy Creek Farms Properties) contains an expansive mostly Pocosin wetland system which lies within the Holly Shelter Swamp and other tributaries to the
Northeast Cape Fear watershed (0303000706707), the access road runs along the boundary between this watershed and the White Oak watershed (030203020402). The proposed
impacted wetlands do not have a stream adjacent to them and rarely exhibit any inundated surface water. The culvert under the access road remains mostly dry with direct wetland
connections to non -inundated wetlands within the Holly Shelter / Northeast Cape Fear side of the old railroad bed.
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
4g. List the total estimated linear feet of all existing streams on the property:
0
4h. Explain the purpose of the proposed project: *
The purpose of the project is to provide legal access to the northeast side of the Sleepy Creek Farms Properties.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The only legal easement to this northeast side of Sleepy Creek Farms Properties has been along this access road. The legal easement unfortunately is only from the centerline of the old
railroad bed northwest. The owner of the railroad bed from the centerline to the southeast, being Lot 4 of Old Whitfield Estates, recently sold their property and the new owners have
requested that Sleepy Creek Farms stop using their side of the railroad bed. Sleepy Creek Farms is therefore requesting to extend the access road shoulders to allow for sufficient
roadbed from the centerline to the northwest to allow vehicles to remain solely within the legal easement area. The existing pipe (which remains mostly dry but also prevents any potential
for impounding of the wetlands would be extended under the proposed new slopes and fill. A backhoe, excavator or other similar civil earth moving machine will be utilized to complete the
work.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No Unknown
S&EC has delineated potential wetlands as depicted on the attached impact maps and plans, but no
JD has been or is being requested associated with this permit request.
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
* Note that wetlands have been delineated and reviewed in the past, not within the access easement
area but on the Sleepy Creek Farms properties during a proposed mitigation bank prospectus (SAW-
2011-01441) which was ultimately not accepted by the EPA or USACE.
5c. If 5a is yes, who delineated the jurisdictional areas?

Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
6a. Is this a phased project?*
Bob Zarzecki
Soil & Environmental Consultants, PA
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?
There are no other proposed or anticipated impacts to wetlands or other Waters of the US or NC. This project is solely to provided continued legal access to the Sleepy Creek Farms
properties. It should be noted that the Sleepy Creek Farms properties may ultimately be transferred to the State of NC as these properties are highly desirable for conservation purposes
given that they are adjacent to the Holly Shelter Game Lands.
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 *
(9)
2g. Impact
area*
W1
Access Road
P
Non-Riverine Swamp Forest
W1
Yes
Both
0.048
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.048
2i. Comments:
2g. Total Permanent Wetland Impact
0.048
Wetland W1 is a managed non-riverine swamp forest, cleared of trees, with little to no inundation. A culvert does exist under the roadbed but is typically
dry. No streams are adjacent to the wetlands, but they remain jurisdictional primarily by their connection to other wetlands, mostly Pocosin wetlands, and
ultimately Holly Shelter Swamp and tributaries of the Northeast Cape Fear River to the northwest.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Wetland impacts were minimized by utilizing the full extent of the legal easement within the existing roadbed and only extending the fill slopes the
minimum necessary beyond the existing roadbed.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The work and fill within the wetlands will be coordinated to occur during a dry period and is not expected to take beyond a week to complete once work
has begun, thereby minimizing time during construction. A combination silt fence/tree protection fence will be used at the toe of the fill and this area has
been included within the footprint of the permit area requested. Erosion control matting and ground cover planting will be used to stabilize the fill slope
per the attached plans.
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 impacts being only 0.048 acres are well below the 0.1-acre typical mitigation threshold.
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:
There are no streams or other riparian areas subject to NC Riparian Buffer Protection Rules within the project area. The area is entirely uplands and wetlands.

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
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 is simply widening an existing roadbed a short distance to provide continued legal access to forest land with no associated development
project.
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
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
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?
USFWS Raleigh Ecological Services Field Office, Official Species List (attached)
NCNHP Database Project Report (NCNHDE-16646). No EOs of Federally Listed species w/n 1 mile.
Only one existing sweetgum tree is anticipated to be removed to construct the project.
The project is not anticipated to have a negative impact to NLEBs or RCWs due primarily to the lack of tree removal.
No potentially suitable habitat was found to exist for the species on the FWS official species list.
Preliminary surveys were conducted in June 2022 for RCW (cavities) and Cooley's Meadowrue and Rough -leaved Loosestrife, and no species were
found to be present.
As such the project is expected to have "no effect" on all species, and "may affect, but not likely to adversely affect" NLEBs.

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 - While the project is located within the Coastal Plain of NC, it is not located near any Essential Fish Habitat areas. The closest
being the Virginia Creek estuary about 1.2 miles across Hwy 210 to the southeast.
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?*
SHPO HPOWEB
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 DFIRM
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
Sleep Creek Farms Access Road Improvements_Application Documents (UPDATED 2Dec2022).pdf 12.35MB
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:
S&EC, PA - Bob Zarzecki
Signature
Date
12/2/2022

Environmental Consultants,
8412 Falls of Neuse Road, Suite 104, Raleigh, NI C 27615 • Phone: [phone]
sandec.com
APPLICANT/LESSOR CERTIFICATION / AGENT AUTHORIZATION
Project Name/Description: S_ _ 6. — Access Road Improvements
S&EC Project # 11694 v L cJ /30 C� M /LL /,y6_Date: November 30, 2022
The Department of the Army IoAali
U.S. Army Corps of Engineers, Wilmington Districtj�Q�
69 Darlington Avenue
Wilmington, NC 28403 ✓
Attn: Katharine Elks (or assigned)
USACE Regulatory Field Office: Wilmington
I, the undersigned, a duly authorized Applicant/Lessor of the property/properties (access easement)
identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers
(Corps) and Soil & Environmental Consultants, PA (S&EC) staff (as my agent) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a determination
associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water
Act and/or Section 10 of the Rivers and Harbors Act of 1899. This document also authorizes S&EC (as
my agent) to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of a permit or certification and any and all associated standard and special conditions. This notification
supersedes any previous correspondence concerning the agent for this project.
NOTICE: This authorization, for liability and professional courtesy reasons, is valid only for government
officials to enter the property when accompanied by S&EC staff. You should call S&EC to arrange a site
meeting prior to visiting the site.
PARCEL INFORMATION:
Site Address: Continuation of Old Whitfield Road, Hamstead, Pender Co., NC 28443
Access Easement: "Proposed 30'/R/W Easement" from "CIL of Old Wilmingtolr-New Bow
Railroad (crkcr, S.C.L. Raih•oad)"
Easement & Lease Agreement BK2308PG020&021, BK2984PG170
Parcel Index Number(s) (PIN): Portion of 4215-05-9656-0000 Deed: B 1869-P 18 Plat: MB57-PG29
APPLICANT/LESSOR INFORMATION. v �' � �G e_
-nIG. �,&e Name: ac
iLR�
Address: PO Drawer 10009, Goldsboro, NC 27533 v
Phone No.: [phone] Email: jim.lynch @goldsboromilling com
`Ap c t/L- essoplease pxiu `` Date
Applicant/Lessor Signature
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
I Ikr f

r�d Secretary of State
ElaIne F. Marshall Home I Want To— Divisions �
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Secretary of State » Business Registra ion » Search » Results n Business Corporation
File an Annual RepoOfAmend an Annual Rep9. • Upload a PDF Filing • Order a Document online • Add
n i y to My Email Notification List w Fi ' ga • Priol a P[q-PQpuIajed.AnnUaI Report form • Print an
Amended a Annual Report Form
Business Corporation
Legat Name
Goldsboro Milling Company, Inc.
Prev Legal Name
Sleepy Creek Farms, Inc.
Information
Sosid: 0134821
Status: Current -Active O
Date Formed: 2/9/1967
Citizenship: Domestic
Fiscal Month: September
Annual Report Due Date: January 15th
Annual Report Status: Current
Registered Agent: Maalj, JaWaS L, III
C--()fl Lt re,Corltd W ( e_(,k j,,,

Addresses
Principal. Office
938 Millers Chapel Road
Goldsboro, NC 27534-7772
Reg Office
938 Millers Chapel Road
Goldsboro, NC 27534-7772
Reg Mailing
938 Millers Chapel Road
Goldsboro, NC 27534-7772
Mailing
PO Box 10009
Goldsboro, NC 27532-0009

Officers
President
J maxwell ; Ili.
Ridgewood Dr
Goldsboro NC 27530
Secretary
J W1� Pelletier , III
Dellwood Pla
Goldsboro NC 27534
Treasurer
Walter Pelletter Ai
Dellwood Place
Goldsboro NC 27534

Pr--ge 1 of 4
Type: CRP
Recorded: 2/21/2022 1:14:40 PM
Fee Amt: $26.00 Page 1 of 4
WAYNE COUNTY, NC
CONSTANCE B. CORAM REGISTER OF DEEDS
BK 3711 PG 379 - 382
ARTICLES OF AMENDMENT
OF
GOLDSBORO MILLING COMPANY, INC.
Prepared by:
North Carolina Secretary of State
Return to:
Brooks Pierce, Attn: Sara Vizithum
P.O. Box 26000
Greensboro, NC 27420
Submitted electronically by "Brooks Pierce"
in compliance with north Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Wayne county Register of Deeds.

Page NORTH CAROLINA
djfA 71V..
ra'4m [
fr, Department of the Secretary of State
9, r PY
To all whom these presents shall come, Greetings:
I, ELAINE R MARSHALL, Secretary of State of the State of North Carolina, do hereby
certify the following and hereto attached to be a true copy of
ARTICLES OF AMENDMENT
[oil
GOLDSBORO MILLING COMPANY, INC.
the original of which was filed in this office on the 30th day of December, 2021.
Soon to verify online.
Certification# 112171982-1 Reference# 18138132-ACH Page: 1 of
Verity this certificate online at ht(Ps://wNv%v.sosne.gov/verification
IN WITNESS WHEREOF, I have hereunto set
my hand and affixed my official seal at the City
of Raleigh, this 21st day of Febniary, 2022.
Secretary of ,State

Page 3 of 4
SOSID: 0I34821
Date Tiled: 12/30/2021 1:12:00 PM
Effective: 12/31/2021
State of North Carolina
Elaine T. Marshall
North Carolina Secretary of State
Department of the Secretary of State
C2021 364 01161
ARTICLES OF AMENDMENT
BUSINESS CORPORATION
Puisuant to §5540-06 of the General Statutes of North Carolina, the undersigned corporation
hereby submits the following Articles of
Amendment for the purpose of amending its Articles of Incorporation.
1. The name of the corporation is: Sleepy Creek Farms, Inc.
2. The text of each amendment adopted is as follows (State below or attach):
Article 1 shall be deleted and replaced as follows:
1. The name of the corporation Is: Goldsboro Milling Company, Inc.
3. If an amendment provides for an exchange, reclassification, or cancellation of issued shares, provisions for implementing the
amendment, if not contained in the amendment itself, are as follows:
4. The date of adoption of each amendment was as follows -
December 16, 2021
5. (Check either a, b, c, or d, whichever is applicable)
a._DThe amendment(s) was (were) duly adopted by the incorporators prior to the issuance of shares.
b._DThe amendment(s) was (were) duly adopted by the board of directors prior to the issuance of shares.
c._DThe amendment(s) was (were) duly adopted by the board of directors without shareholder action as shareholder action
was not required because (set forth a briefexplanation of why shareholder action was not required.)
d.0The amendment(s) was (were) approved by shareholder action, and such shareholder approval was obtained as required
by Chapter 55 of the North Carolina General Statutes,
BUSINESS REGISTRATION DIVISION P. O. BOX 29622
(Revised July 2017)
RALEIGH, NC 27626-0622
(Form B-02)
Certification# 112171982-1 Reference# 18138132-ACH Page: 2 of 3

Page 4 of 4
ARTICLES OF AMENDMENT
Page 2
6. These articles will be effective upon filing, unless a delayed time and date is specified;
December 31, 2021 at 11:59 a.m.
This the 16th day of December
20 21
Sleepy Creels Farms, Inc.
Name of_Corporation-
'�ig�a4�t
James L. Maxwell, III, President
Type or Print Name and Title
NOTES:
1. Filing fee is $50. This document must be filed with the Secretary of State.
BUSINESS REGISTRATION DIVISION P, O. BOX 29622
(Revised July 2017)
RALEIGH, NC 27626-0622
(Form B-02)
Certification# 112171982-1 Reference# 18138132-ACH Page: 3 of 3

�-ED
0E JUN' 21 AMID: 39
�YC_ �i. S'rif0EuU0ii
i�EGISTER Or DEEDS
PE:4DE C0UNM NC
COVER SHEET FOR
LEASE AGREEMENT
DATED: 10 MAY 2006
LESSOR: SLEEPY CREEK FARMS, INC.
LESSEE: JOSEPH A. NOBLE (divorced)
E-K2984PG 170
Recorded and Verific
Joyce M. Swicegood
Register of Deeds
Pender County, NC
7

GX2984PG 17
NORTH CAROLINA
PENDER COUNTY
LEASE AGREEMENT
THIS LEASE AGREEMENT made and entered into this 1 day of M 01V 2006 between
Sleepy Creek Farms, Inc., hereinafter called the "Lessor", and Joseph A. Noble (divorced), hereinafter called
the "Lessee." (The designation Lessor and Lessee, as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by
context);
WITNESSETH:
WHEREAS, Lessor owns real estate described in Book 562 at page 76, Book 1180 at page 123 and
Book 2523 at pages 266, 269 and 272 of the Pender County Registry; and
WHEREAS, Lessee desires to lease a portion of said property for use as a horse pasture and for
hunting said 12-15 acres, but no more than 15 acres, being shown on Exhibit A attached, which lease shall
be in accordance with the terms and provisions hereof.
NOW, THEREFORE, in consideration of the terms and provisions hereof and the mutual
considerations stated, the parties do hereby agree as follows:
ARTICLE I
1. Property Rights. The Lessor hereby leases to the Lessee, to occupy and use as a horse
pasture and for hunting, the Property more fully described on Exhibit A attached hereto.
(a) Right of Entry - The Lessor reserves the right to itself, its agents, its employees, or
its assigns, to enter the Property at any reasonable time for purposes of (1)
consultation with the Lessee; (2) making repairs, improvements and inspection; (3)
developing mineral resources; and (4) upon termination of lease as provided herein,
of plowing, seeding, fertilizing, and such customary seasonal work.
(b) Lessee shall have the right to plow, cultivate, seed, and plant area at his sole expense
and to post and enforce trespass. Fencing is permissible provided the access path is
outside fenced area. All fencing, including posts, wire and abandoned equipment
shall be removed from leased area within 180 days of termination. Fencing shallnot
be attached to trees.
2. Transfer of Land. If Lessor should sell or otherwise transfer title to the Property, or any
portion thereof, it will do so subject to the provision of this Lease.
Heirs and Successors. The terms of this Lease shall be binding upon the heirs, executors,
administrators, and successors of both the Lessor and Lessee in like manner as upon the
original parties.
Right to Lease. The Lessor warrants that it has the right to lease the Property, and will

defend the Lessee's possession against any and all persons whomsoever claiming by, through
or under it, and further represents and warrants that there are no Hens, leases or other
encumbrances against the property except current ad valorem taxes which are not yet due.
ARTICLE, II
Land Use. Except when mutually agreed otherwise, the Property use shall be for a horse
pasture and for hunting. Lessee may also construct a small pond not to exceed 100' x 100'
for watering horses.
Conservation and Maintenance. To improve the Property, conserve its resources and
maintain such portion thereof in cultivation as Lessee may elect, the parties agree as follows:
(a) General Maintenance. The Lessee will maintain the Property during its tenancy in
as good condition as at the beginning, normal wear and depreciation and damage
from causes beyond the Lessee's control excepted.
(b) Good Husband . The Lessee will operate the Property in an efficient, and
husbandlike way.
(c) Waste. The Lessee will not permit waste on or damage to the Property and will use
due care to prevent others from doing so.
(d) Add improvements., The Lessee will not, without written consent of the Lessor, (1)
erect or permit to be erected on the Property any non -removable structure or
building except Lessor authorizes the construction and improvement of the
Property; (2) incur any expense to the Lessor for such purpose; or (3) if any
electrical wiring, plumbing or heating for any building or other improvements is
constructed on the Property, Lessee will make such additions meet standards and
requirements of applicable code provisions relative thereto.
(e) Removal Improvements. Improvements ofa temporary or removable nature, which
do not mar the condition or appearance of the Property may be made at any time
this lease is in effect, or within a reasonable time thereafter, remove such
improvements, provided it leaves in good condition that part of the Property from
which they are removed.
ARTICLE III
RENTAL
Rent. The consideration for this Lease is the grant by Lessee to Lessor a perpetual
easement of right of way across a portion of Lessee's Property.
ARTICLE IV
TERM OF LEASE
Term: The term of this Lease shall be for the life of Lessee so long as he shall own the lands
shown in Map Book 9 at page 112 of the Pender County Registry and no longer.

BIK2984PG 173
2. Surrender of Possession. Lessee agrees to surrender possession and occupancy of the
premises peacefully at the termination of the Lease.
ARTICLE V
MISCELLANEOUS PROVISIONS
1. No Partnership Created. This Lease shall not be deemed to give rise to a partnership
relation, and neither party shall have authority to obligate the other without written consent,
except as specifically provided in this Lease.
2. Debts and Accidents. Each party agrees that the other party shall in no way be responsible
for the debts of, or liabilities for accidents or damages caused by the other party.
3. Willful Willfid neglect, failure or refusal by either party to carry out any
substantial provision of this Lease shall give the other party the benefits of any proceedings
provided by law.
4. Timber. Lessee shall have no right to cut or otherwise harvest any merchantable timber now
growing or located on or about the Property.
5. Default by Lessee. All covenants and agreements contained in this Lease are declared to be
conditions to this Lease and to the term hereby demised to the Lessee. Should the Lessee
default in the performance of any covenant, condition or agreement contained in this Lease,
which default is not cured within ten days after written notification from Lessor, Lessor may
thereafter terminate this Lease and re-enter and regain possession of the Property in the
manner then provided by law.
6. Insolvent of Lessee. The insolvency of the Lessee as evidenced by a receiver being
appointed to take possession of all or substantially all the property of the Lessee, the making
of a general assignment for the benefit of creditors by the Lessee, or the adjudication of the
Lessee as a bankrupt under the Federal Bankruptcy Act shall terminate this Lease and entitle
the Lessor to re-enter and regain possession of the Property.
7. Notices. Except as otherwise expressly provided by law, any and all notices or other
communications required or permitted by this Lease or by law to be served on or given to
either party hereto by the other party hereto shall be in writing and shall be deemed duly
served and given when personally delivered to the party to whom it is directed, or in lieu of
such personal service when deposited in the United States mail, first class, with signed
returned receipt provided, postage prepaid, addressed to Lessee at the following address:
Joseph A. Noble
931 Whitfield Road
Hampstead, NC 28443

SK298L,PG 1 74
Or to the Lessor at the following address:
Sleepy Creek Farms, Inc.
c/o John H . Kerr, III
Warren, Kerr, Walston, Taylor and Smith, LLP
P. O. Box 1616
Goldsboro, NC 27533-1616
Either party, Lessor or Lessee, may change their address for the purpose of this paragraph by giving
written notice of such change to the party in the manner provided in this paragraph.
8. Time of Essence. Time is expressly declared to be the essence of this Lease.
9. Waiver. The waiver of any breach of any of the provisions ofthis Lease by the Lessor shall
not constitute a continuing waiver or a waiver of any subsequent breach by the Lessee either
of the same or of another provision of this Lease.
10. Utilities. The Lessee shall be required to furnish and pay any and all utilities required in
connection with his use of the Property.
11. Arbitration/Mediation. In the event of any dispute between the parties arising out of this
agreement, or their performance hereunder, the said dispute shall first be subject to
mediation between the parties by a mediator chosen by agreement between them. If a
mediator has not been selected within 30 days after notice of the dispute has been given in
writing by one party to the other, or a mediation is not successful, then the dispute shall be
submitted to arbitration under the North Carolina Arbitration Act in accordance with its
rules and regulations then appertaining, with the forum of said arbitration to be in Pender
County, North Carolina. The decision of the arbitrator shall be final and binding on the
parties and may enforced under the North Carolina Arbitration Act. The costs of the
mediation shall be borne equally by the parties. The costs of the arbitration shall be as
awarded by the arbitrator.
12. This Agreement shall be governed by and construed according to the laws of North
Carolina.
13. Entire Agreer�zent, This Agreement and its attachments incorporated herein by reference
contain the entire agreement ofthe parties and there are no representations, inducements or
other provisions other than those expressed in writing. All changes, additions or deletions
hereto must be in writing and signed by all parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals, or if corporate, has
caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be
hereunto affixed by authority of its Board of Directors, the day and year first above written.
LESSOR:
Sleepy Creek Farms, Inc.
By: tl
LESSEE: ��
"(y r {—(SEAL)
Joseph A. Noble

SK2984FG 135
NORTH CAROLINA
_ COUNTY
I, 11v1n(,� i _ ParlSe r , a Notary Public of the County and State aforesaid, certify that
. G. ►rlal wtl l Tpersonaliy came before me this day and acknowledged that he is Prey tden f of
Sleepy Creek Farms, Inc., a corporation and that he as pr --s; d e-t being authorized to do so,
voluntarily executed the foregoing on behalfofthe corporation. Witness my hand and of iicial stamp or seal,
this z day of Sure. , 2006.
Public L�„\�nF . ParKcr
NOTARY
My commission expires: a'5 oo
PUBLIC
NORTH CAROLINA
9y
PENDERCOUNTY ,�y4•.,�EC0jo. "o
1, I m ! F Sa rid e rs a Notary Public in and for the aforesaid County and State, do
hereby certify that Jose h A. Noble (divorced), personally appeared before me this day and acknowledged
that he voluntarily executed of the foregoing instrument. Witness my hand and notarial seal this the 1 O-F h
day of _ ! 1`1_� 2006.
Notary Public
My Commission Expires:
K@KaM13
FFICIAL SEAL
ublic, North Carolina
F:VCOREUTERMleepy Credo-Leam4-24wpd unty of Pender
RLY F. SANpERS

Exhib/t ,r H^ n
\
\ Sfwy a w Fours, inc.
formerly Neunm AMirson Ws
\ ALL "23, P. 266
Sleepy Creek Formf, me �
formerly HalNmx Paper Co., hV.
DA I rho, P, /23
o \�
/ o
Ex/sdny Aron $?&#
14.3 An*
✓oseDh A. Noble
formerly N.C. Consoffd"d Hide Co, 11m
M. 91 P. / l2
NOTE: This map was plotted from maps recorded in M.B.
8, P. 24 8 M.B. 9, P. 112 and computations by
me, not an actual survey by me,
Map of Land Plotted From
Old Survey Maps and Computations
To Be Leased by
Sleepy Creek Farms, Inc.
to
Joseph A. Noble
Topsail Twp. Pender Co., N.C.
Scale: / " = 400' June 5, 2006
Ref.: See Above
400 200 0 4M 800
MG N9ldfdb Resom-ces Comrmhsioh
A 8. A/, A 24 Sheer r /
SEAL =
L-2506 S
eu
............
Robert G. Fields, PLS L-2506
KN��M

F-1LED BK2958PGD I I
�6 t �"f 15 Am 9: 2 9
1;;Y„i= i�. S11fICEC00U
i2EG15TEt� OF DEEDS
F*DiD=R COt1NTY. NC
STATE OF NORTH CAROLINA •�� �f'o°�d�e�G��F
COUNTY OF PENDER DEED OF EASEMENT
THIS INDENTURE, dated 'Yl�}n,� 1D , 2006, between Joseph A. Noble (divorced), herein
called Grantor; and Sleepy Creek Farms, Inc., herein called Grantee. (The designation Grantor and
Grantee, as used herein shall include said parties, their heirs, successors, and assigns, and shall include
singular, plural, masculine, feminine, or neuter as required by context);
WITNESSETH:
WHEREAS, Grantor owns a tract of land described in Deed Book 1140 at page 320 and as shown
in Map Book 9 at page 112 of the Pender County Registry; and
WHEREAS, Grantee owns tracts of land described in Book 562 at page 76, Book 1180 at page 125
and Book 2523 at page 266, 269 and 272 of the Pender County Registry; and
WHEREAS, Grantor has agreed to grant to Grantee an easement over Grantor's land for ingress,
egress, regress, drainage and utilities to Grantee's lands.
WHEREAS, the parties have heretofore entered into an Agreement dated 28 January 2004 which is
recorded in Book 2308 at page 20 of the Pender County Registry; and
WHEREAS, this Deed of Easement is in partial implementation of that Agreement.
NOW, THEREFORE, the Grantor, for and in consideration of the sum of TEN AND NO1100
($10.00) DOLLARS, and other valuable considerations in hand paid by the Grantee, the receipt, adequacy
and sufficiency of which are hereby acknowledged, has given, granted and conveyed, and by these presents,

BK2958PSO12
does hereby give, grant and convey to the Grantee a non-exclusive perpetual appurtenant easement and
right of way for purposes of vehicular and pedestrian ingress, egress and regress, drainage, and utility
purposes over property located in Pender County, North Carolina, said right of way and easement being
described in Exhibit A hereto attached.
It is agreed that the said right of way shall be used and is intended to be used by the Grantee and its
heirs, successors and assigns as a means of ingress, egress and regress to and from its land with motor
vehicles and equipment of all kinds and descriptions, with the right to locate and maintain utilities and
drainage within the bounds of said easement as an easement appurtenant to the lands of Grantee described
in Book 562 at page 76, Book 1180 at page 123 and Book 2523 at pages 266, 269 and 272 all of the
Pender County Registry.
Grantor reserves to himself and his successors and assigns the right to use said roadway for
purposes of ingress, egress and regress.
TO HAVE AND TO HOLD the above granted and described easement unto the Grantee, its heirs,
successors and assigns .FOREVER, as an easement appurtenant as aforesaid.
IN TESTIMONY WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has
caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be
hereunto affixed by authority of its Board of Directors, the day and year first above written.
(SEAL)
seph k. Noble
STATE OF NORTH CAROLINA
COUNTY OF PENDER
I, hirnberW F SCLcdefS a Notary Public in and for the aforesaid County and State, do
hereby certify that Jose h A. Noble (divorced) personally appeared before me this day and acknowledged
that he voluntarily executed of the foregoing instrument. Witness my hand and notarial seal this the Jj-1
day of J1 GA 2006.
V)1rx��nr��. d rlo
Notary Signatur
My Commission expires:.? I 01 p
w
FO7N
FFICIALSEALPublicNorth Carolina
County o Pender
KIMBERLY F. SANDERS

EXHIBIT"A" BK2958PGO13
A strip of land thirty (30') feet in width adjoining and on the west side of the easternmost boundary
of Grantor's lands which are shown on a map entitled "Map of a Survey for N. C. Consolidated Hide Co.,
Inc." recorded in Map Book 9 at page 112 of the Pender County Registry the same beginning at a point
where the southern line of the old Whitfield Road crosses Grantor's easternmost line, and running thence
northwardly with Grantor's easternmost line to a railroad spike in the centerline of the abandoned railroad
right of way, Grantor's northeasternmost corner.
This thirty (30) foot strip has as its easternline the centerline of the abandoned Seaboard Coastline
Railroad right of way and as its western line a line parallel with the eastern line and thirty (30) feet
therefrom. The length of this right of way is approximately 1,386 feet.
F:\CORELITERRI�Deed6Weepy-noble- emeni.wpd 4121106

OK 23 08PGO 2 0
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lr-GfSTER OF DHDS
PD-11),F-2 C,'TATY, NC
COVER SHEET FOR AGREEMENT
DATED: 23 December 2003
GRANTOR: SLEEPY CREEK FARMS, INC.
GRANTEE: JOSEPH A. NOBLE
% .9- f I Qad
Jn Daed
5

BK2.300PG02I
NORTH CAROLINA
PENDER COUNTY AGREEMENT
THIS AGREEMENT made and entered into this day of Attuett993, by anl between Sleepy Creek Farms.
Inc., party of the first party (herein called Sleepy Creek), and Joseph A. Noble (divorced), parry of the second part
(herein called Noble). (The designation Sleepy Creek and Noble, as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine, or neuter as required by context);
WITNESSETH:
RECITALS:
R.1. Sleepy Creek is the owner of a 200 acre tract of land described in Book 1180 at page 123 of the Pender
County Registry.
R.2. Noble is the owner of a tract of land described in Book 1869 at page 18 of the Pender County Registry.
R.3. Noble has agreed to grant to Sleepy Creek an easement of right of way over the eastern and northern portion
of his land to provide access to the lands of Sleepy Creek,
R.4. Sleepy Creek has agreed, upon constructing the roadway across the access easement to be provided by
Noble, to release any possible claim that it may or may not have to use what may or may not be any
continuation of Old Whitfield Road on to the Noble property.
R.5. The parties have agreed to other terms and provisions as set forth herein.
NOW, THEREFORE, in consideration of the premises and other good and valuable considerations, the receipt,
adequacy and sufficiency of which are hereby acknowledged, the parties agree as follows:
I. Noble will grant to Sleepy Creek an easement of right of way over his portion of the abandoned
CSX Railroad right of way from its intersection with Old Whitfield Road northwardly to the
northern boundary line of the Noble property.
2. Noble will grant to Sleepy Creek an easement of right of way 30' in width over and across the
northernmost portion of his lands for an undetermined distance westwardly and then through his
lands as to intersect with the old dirt path where it exits the lands of Noble at Noble's western
line.
3. The parties agree to meet on the site and to mutually agree upon an acceptable location of the
easement of right of way over the Noble property. The location will be suitable for the
construction of a roadway within the bounds of said easement. If a mutual location cannot be
agreed upon, the parties agree that it shall be located by mediation or arbitration pursuant t
Paragraph 20 herein.
f t1r;1 -q-
4. At the point where access for Sleepy Creek leaves the abandoned CSX Railroad right of way
turning westwardly, Noble shall grant an additional area to allow a turning radius at the 90 degree
turn which will allow log trucks to negotiate this turn in a reasonable fashion.
5. The parties mutually agree to attempt to obtain casements from the landowners whose properties
encompass the eastern one-half of the abandoned railroad right of way. Noble will contact and
attempt to negotiate with those property owners whom he knows and is comfortable negotiating

DX2308PG022
with. Representatives of Sleepy Creek will contact and negotiate with any other property owners
involved.
6. In the event that a reasonably satisfactory easement for the use of the railroad road bed cannot be
obtained the entire length needed, Noble agrees to allow Sleepy Creek to construct its road
westwardly from the northern termination of the easement obtained from the other property
owners for the railroad road bed, to cross Noble's property on suitable land in a northwardly
direction, parallel with the CSX railroad right of way in a direction to connect with the easement
granted by Noble generally along his northern property line.
Once the location of said easement has been determined, Sleepy Creek will engage a licensed
surveyor to survey said easement and to prepare a narrative description thereof.
8. The parties agree that Sleepy Creek will use the railroad right of way northwardly from the Old
Whitfield Road as far as easements can be obtained. If it is reasonable and feasible to use only
Noble's one-half of the railroad road bed and right of way where easements cannot be obtained,
Sleepy Creek will make use of that portion of the railroad road bed and right of way. Sleepy
Creek will make all reasonable efforts to use the existing CSX right of way without encroaching
further onto Noble's property.
Thereupon Sleepy Creek will have prepared an instrument to be executed by Noble granting to
Sleepy Creek an easement appurtenant over the described area, which easement shall then be
recorded in the Pender County Registry.
10. Sleepy Creek shall thereupon be entitled to construct within the bounds of said easement a
roadway across the Noble's property to access the Sleepy Creek property. This roadway shall be
constructed and maintained at Sleepy Creek's sole expense.
11. The easement granted by Noble shall be non-exclusive and Noble shall retain the right for him
and his guests or designees to use said roadway. However, in the event that Noble or his
designees shall cause damage to said road, ordinary wear and tear excepted, Noble shall be
responsible for repairing same.
12. Sleepy Creek agrees to prohibit gun target practice on its lands described in Book 1180 at page
123 or any adjacent lands owned by Sleepy Creek to the extent reasonably requested by Noble
within a distance of 2,500 feet of any property owned by Noble and adjoining his property
described in Book 1869 at page 18 of the fender County Registry.
13. Sleepy Creek will permit Noble and his guests to cross its property along its roadway to reach
the Holly Shelter Game Preserve so long as Noble is the owner of the property described in
Book 1869 at page 18. This right shall terminate upon Noble's death or transfer of title of his
land. This permission is limited to no more than 10 horses and riders at any one time. There
shall be no crossing of the Sleepy Creek property during the days and hours that deer hunting
is permitted. Noble will obtain from any riders the execution of a release on a form to be
provided by Sleepy Creek. In the event that Sleepy Creek closes and relocates said roadway
to another site on its property, Noble shall have the right to use said relocated roadway under
the same terms and conditions. In addition, Noble may use said roadway for reasonable
vehicular traffic to access existing or adjacent lands owned now or in the ftrture by Noble. At

GK2308PG023
any time except during when deer hunting is permitted, Noble may take his horses anywhere
on Sleepy Creek's 200 acre tract or any adjacent property owned or leased by Sleepy Creek.
14. Sleepy Creek will erect a gate on the easement granted by Noble to Sleepy Creek, at a location
mutually agreed upon. Noble shall approve the type of gate to be constructed which approval
shall not be unreasonably withheld. This gate shall be kept locked at all times and Noble shall be
provided a key. Only agents or representatives of Sleepy Creek shall have the right to use the
easement.
15. Sleepy Creek will indemnify and save harmless Noble and/or his guests from any and all claims
or lawsuits arising from Sleepy Creek's use of the easement granted by Noble to Sleepy Creek.
15. Noble will indemnify and save harmless Sleepy Creek from any and all claims or lawsuits arising
from Noble's or his guests' use of the access granted by Sleepy Creek to Noble.
17. The parties agree that Noble may take steps to prosecute for trespass any individual who goes
upon the 200 acre tract of Sleepy Creek without proper authority. Sleepy Creek agrees to
designate Noble as its agent for that purpose provided however that Sleepy Creek will not be
directly involved in any such prosecutions unless it specifically agrees to be a part thereof.
18. This document may be signed in counterparts, all of which taken together shall constitute a single
original document. Telefacsimile copies and photocopies of signed counterparts may be used
with the same force and effect as the originally signed counterpart.
19. This agreement shall be binding upon the parties hereto and their successors, heirs and assigns.
20. In the event of any dispute between the parties arising out of this agreement, or their
performance hereunder, the said dispute shall first be subject to mediation between the parties
by a mediator chosen by agreement between them. If a mediator has not been selected within
30 days after notice of the dispute has been given in writing by one party to the other, or a
mediation is not successful, then the dispute shall be submitted to arbitration under the North
Carolina Arbitration Act in accordance with its rules and regulations then appertaining, with
the forum of said arbitration to be in Pender County, North Carolina. The decision of the
arbitrator shall be final and binding on the parties and may be enforced under the North
Carolina Arbitration Act. The costs of the mediation shall be borne equally by the parties.
The costs of the arbitration shall be as awarded by the arbitrator.
(SEAL)
r Jo, eph A� Noble
Sleepy diag is, Inc.
a
44►3 3'1 S

BK2308PGO24
STATE OF NORTH CAROLINA
COUNTY OF PENDER
I, _ re'i �"Ouj'1 , Notary Public in and for the County and State aforesaid, do hereby
certify that.Joseph A. Noble personally appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purpose therei,41 Witness my hand and notarial seal, this the ..23 day of
Decen%ber, 2003.01
--
=� Y.
My Commission expires:"
NORTH CAROLINA
WAYNE COUNTY
1, IW%6\6 - L • 1u.P, , a Notary Public of the County and State aforesaid, certify that H. G.
Maxwell, III personally came before me this day and acknowledged that he is President of Sleepy Creek Farms,
Inc., a corporation and that he as President, being authorized to do so, executed the foregoing on behalf of the
co 00
8i'."'it,Itess my hand and official stamp or seal, this J4 day of — , a963' Do0q
Notary Public
fires: Sersat'a.rrbQ s
�tHlegoing certificate(s) of JJ1,11 - &ADJA-4- r-k4L•W U, Notary Public, are certified to be correct.
This instrument and this certificate are duty registered at the date and time and in the Book and Page shown on the first page hereof.
JOYCE M. SWICMOOD Peuder County Register of Deeds
Bq.ply1AL
I---
F:lcoreRterrAdeeds�s 1eepycreek-agreement-rev 12-18-03-1

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Improvements Project Area
61.
USGS The National Map: National Boundaries Dataset, 3DEP Elevation
Program, Geographic Names Information System, National Hydrography
Dataset, National Land Cover Database, National Structures Dataset, and
National Transportation Dataset; USGS Global Ecosystems; U.S. Census
Bureau TIGER/Line data; USFS Road Data; Natural Earth Data; U.S.
Department of State Humanitarian Information Unit; and NOAA National
Centers for Environmental Information, U.S. Coastal Relief Model. Data
refreshed June, 2020.
Project Number: Map Title: N
11694.W5 0 2,000 4,000
Project Manager: Figure 1- USGS Map
BZ Noble RR Improvements Feet
Scale: 1„ _ 2000, Pender County, NC
Source: � Soil &Environmental Consultants, PA
D ate' 8412 Fall, 4Ne Road, 8.ik 10 1. Rulei Vl,. \ C 27615 • Ph...: [phone] • Fa [phone]
08/25/2021 USGS National Map ,,,d,:

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_ Improvements Project Area
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NC C`en1ter forSGeogr phis Information III is
Project Number: Map Title: N
11694.W5 0 600 1,200
Project Manager: Figure 2- Soil Survey Map I i i i I i i i I
BZ Noble RR Improvements Feet
Scale: 1„ _ 600, Pender County, NC wqw_ A
Source: soil & Environmental Consultants, PA
Date: Pender County
8412 Falls of Neuse Road, Suite lUl. Rulei VL. -\ C 27615 • Phove: (919) 8465900 •Fax: [phone]
08/25/2021 Soil Survey Sheet 14 '-d,° "

Project Number:
11694.W5
Project Manager:
BZ
Scale:
1"=600'
Date:
08/25/2021
Map Title:
Figure 4 - LiDAR Map
Noble RR Improvements
Pender County, NC
Source: North Carolina
Floodplain Mapping Program
0
Feet I A
600 1,200
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104. Raleigh. NC' 27615 • Phone: [phone] • Fax. [phone]
nand,: nom

W5: Noble RR Access
Improvements Project Area
center of 18"RCP
is property line
IfirStC'Center for Geographi"cc In orcnation
Analysis
Project Number:
11694.W5
Project Manager:
Scale:
BZ
1" = 300'
Date:
08/25/2021
Map Title:
Figure 3 - Aerial Map
Noble RR Improvements
Pender County, NC
Source: NC OneMap
Pender County GIS
0
300 600
1 1 1 1 1 1
Feet
N
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 10,1. 12uleigh. NC' 27615 • Phone: [phone] • Fax: [phone];
cem

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0067319
July 25, 2022
Project Name: Sleepy Creek Farms Inc. (Hampstead, Pender Co., NC) - Access Drive
Improvements (S&EC 11694)
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered

07/25/2022
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

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3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

07/25/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

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Project Summary
Project Code: 2022-0067319
Project Name: Sleepy Creek Farms Inc. (Hampstead, Pender Co., NC) - Access Drive
Improvements (S&EC 11694)
Project Type: Easement / Right -of -Way
Project Description: Widen existing access drive to be entirely within deeded easement.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/Q34.4433367,-77.63391986633715,14z
►I
S fir$
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t
7
Counties: Pender County, North Carolina

07/25/2022 3
Endangered Species Act Species
There is a total of 13 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. 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.
Mammals
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Birds
NAME
STATUS
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus ru fa
Threatened
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614

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4
Reptiles
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: https:Hecos.fws.gov/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Endangered
There is proposed critical habitat for this species. The location of the critical habitat is not
available.
Species profile: https:Hecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/1110
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Cooley's Meadowrue Thalictrum cooleyi
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/8549
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

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Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
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 Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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.
BREEDING
NAME SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
Bachman's Sparrow Aimophila aestivalis Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 30
and Alaska.
https:Hecos.fws.gov/ecp/species/6177

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KA
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20
and Alaska.
Henslow's Sparrow Ammodramus henslowii Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/3941
Painted Bunting Passerina ciris Breeds Apr 25
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15
(BCRs) in the continental USA
Prairie Warbler Dendroica discolor
Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea
Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Sep 10
and Alaska.
Ruddy Turnstone Arenaria interpres morinella
Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
elsewhere
(BCRs) in the continental USA
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Willet Tringa semipalmata Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5
and Alaska.

07/25/2022
3
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 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.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
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.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe

07/25/2022 4
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 I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel 1+—+ J++— +--+ ++++ +—++ ++++ + — —�+ J --' —++—
BCC - BCR �000 NONE NONE 11w di-9--
B'S Sparrow ' ++ J1 11-1 Jill qllp
111 J Jill Jill Jill ""'--- —++—
BCC CC Rangewide ++�
(CON)
Bald Non-BCCe Jill Jill Jill lill Jill h:::::&+ +++- Jill Jill hill I:::
Vulnerable
Brown -headed Nuthatch III- Jill Jill Jill Jill 111111111--11111 JJ-- -III
BCC -BCR
Chimney Swift
BCC Rangewide ++—+ +++— + 11 ++++ +-11 1++J +1 J+ Jill — — — — --++ ---- —++—
(CON) 416__ J
Eastern Whip -poor -
will
++—+ +++— +--+ +1++ 11ji
fi �j Jill Jil— ---- --++ ++
---- ——
BCC Rangewide
(CON)
Henslow's Sparrow
BCC Rangewide ++—+ +++— +�—+ ++++ +—++ ++++ ++++ +++—--- —++--- —'+—
(CON)
Painted Bunting ++ J+ +++— 4 ­ 4- +++I IIII 6��j Jill 101- ---- ­++ ---- —++—
BCC -BCR
Prairie Warbler ++—+ ++� �—+111 Jill 11'+ 4' Jill
+' +'
— — — —++---- —++—
BCC Rangewide
(CON)
Prothonotary ++—+ 11 + ' J '
++
Warbler +++� +�—+ ++ + + ++++ +++— --- —++ --- —++—
BCC Rangewide — — — — ---- —��� �—mm
(CON)
Woodpecker 11 ' 11 Jill Jill Jill Jill 1--- —1
BCC Rangewide
(CON)
Ruddy Turnstone ++_+ + J+— 4 ­ 4- ++++ +—++ ++++ ++++ +++— ---- —�++ ---- —++—
BCC -BCR
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

07/25/2022
5
Rusty Blackbird ++'+ +++— +--+ ++++ +—++ ++++ ++++ +++— ---- --++ ---- —++—
BCC-BCR
Willet
BCC Rangewide d■ ■■■■ ■■■O his kb
(CON)
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/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
Migratory Birds FAQ
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
(BCQ 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.

07/25/2022
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 or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
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.

07/25/2022
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 Lorin.
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.

07/25/2022
E3
IPaC User Contact Information
Agency:
Soil & Environmental Consultants, PA
Name:
Robert Zarzecki
Address:
8412 Falls of Neuse Road
Address Line 2:
Suite 104
City:
Raleigh
State:
NC
Zip:
27615
Email
[e-mail]
Phone:
9198465900
Lead Agency Contact Information
Lead Agency: Army Corps of Engineers
Name: Tom Charles
Email: [e-mail]
Phone: [phone]

Roy Cooper, Governor
■ ■■■
lr■■ ■ INC DEPARTMENT OF
0■,■i NATURAL AND CULTURAL RESOURCES
■ ■■
December 28, 2021
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
Robert Zarzecki
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
RE: Sleepy Creek Farms Access Improvements (S&EC 11694.W7); S&EC, PA
Dear Robert Zarzecki:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
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.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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