20230035 Ver 1_ePCN Application_20230104

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:
12/1/2022
BIMS # Assigned* Version#*
20230035 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
What amout is owed?*
$240.00
$570.00
Reviewing Office* Select Project Reviewer*
Wilmington Regional Office - [phone] Holley Snider:eads\hasnider:[e-mail]
Information for Initial Review
la. Name of project:
Raceway- Winnabow EDO
la. Who is the Primary Contact?*
Connor Breedlove
lb. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
1/4/2023
Nearest Body of Water
Bell Swamp
Basin
Cape Fear
Water Classification
C;Sw
Site Coordinates
Latitude: Longitude:
34.133255 -78.095593
A. Processing Information
County (or Counties) where the project is located:
Brunswick
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 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:
Martha Loretta James and Robert Lee James
2b. Deed book and page no.:
B3949 Pg.0299
2c. Contact Person:
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No

2d. Address
Street Address
48 George II Hwy SE
Address Line 2
City
Winnabow
Postal / Zip Code
28479
State / Province / Region
NC
Country
USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address: *
n/[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Samantha Jones
3b. Business Name:
RaceTrac,Inc.
3c. Address
Street Address
200 Galleria Parkway SE, Suite 900
Address Line 2
City
Atlanta
Postal / Zip Code
30339
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Connor Breedlove
4b. Business Name:
Newkirk Environmental Inc.
4c. Address
Street Address
PO BOX 746
Address Line 2
City
Mt. Pleasant
Postal / Zip Code
29465
4d. Telephone Number:
[phone]
4f. Email Address: *
con nor@newki rke nv. com
C. Project Information and Prior Project History
State / Province / Region
GA
Country
USA
3e. Fax Number:
State / Province / Region
SC
Country
USA
4e. Fax Number:
1. Project Information
lb. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Winnabow
2. Project Identification

2a. Property Identification Number:
08400031/0840003201
2b. Property size:
4.79
2c. Project Address
Street Address
48 George II Hwy SE
Address Line 2
City
Winnabow
Postal / Zip Code
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Bell Swamp
3b. Water Resources Classification of nearest receiving water: *
C;Sw
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
03030005062
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 majority of the project site consists of an open vegetated field. Various mature tree species border the north of the site which includes the jurisdictional wetland. The area surrounding
the site consists of residential and commercial developments with Hwy 17 as the major transportation corridor.
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:
0.46
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 proposed RaceWay - Winnabow EDO project consists of the development of a 4.79 acre site to be divided from parcels: 08400031 & 0840003201. The total proposed limits of
disturbance is 4.8 acres including the off -site area for connection to NCDOT Roads Oceans Hwy. and George Hwy. The proposed on -site improvements include construction of a 3,500
S.F. RaceWay Market as well as two canopies for passenger vehicle and diesel truck fueling stations. Approximately 2.31 acres of impervious area will be constructed for the parking lot
and sidewalk access. To treat stormwater runoff, a wet detention pond is required. The total required area proposed and higher level of traffic creates circulation design constraints which
necessitates a second entrance. In order to provide the maximum spacing for the driveway entrance on Ocean Hwy. and the intersection of George II Hwy, some level of wetland impact is
required. Current proposed location minimizes the total impervious area that would be needed as well as impacts a lower level of wetlands than if the entrance was further North on Ocean
Hwy.

4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
Approximately 2.31 acres of impervious area will be constructed for the parking lot and sidewalk access. To treat stormwater runoff, a wet detention pond is required. The total required
area proposed and higher level of traffic creates circulation design constraints that necessitate a second entrance. In order to provide the maximum spacing for the driveway entrance on
Ocean Hwy. and the intersection of George II Hwy, some level of wetland impact is required. Current proposed location minimizes the total impervious area that would be needed as well
as impacts a lower level of wetlands than if the entrance was further North on Ocean Hwy.
General earth -moving equipment will be used to facilitate the development. A separate construction entrance will be utilized.
• Can property access routes be moved or reduced to avoid stream, wetland, water, and buffer impacts?
No. Need access as shown to maximize distance from the driveway to intersection for NCDOT and provide a turn
lane.
•Can a building, parking lot, etc. be realigned to avoid impacts?
No. Layout best works given the circumstances noted above.
• Can the site layout be reconfigured to avoid impacts?
No. See above.
•Can headwalls or steeper side slopes be used safely to avoid/minimize impacts?
No. Current slopes are maximum permitted.
•Can a retaining wall be used safely to avoid/minimize impacts?
A retaining wall could be used to minimize impacts, but not avoid. However, ultimately the space needed to install the
wall would have an equal amount of impact.
Can lots be reshaped or have shared driveways to avoid impacts?
No. This is the area of minimal impacts. Moving or re -shaping lot would increase impact.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Turbidity curtain to be used if water level is high enough. This location is at the tail end of the wetlands and therefore minimizes the impact.
List all techniques and practices that you plan to use to avoid and minimize impacts from the construction of the project (e.g., scheduling issues to avoid certain time -specific aquatic
impacts, erosion control measures, hand clearing versus use of heavy equipment, site access from high ground, pre -fabrication of materials in high ground to minimize time in sensitive
environments, building elevated structures over wetlands or streams to transport equipment, etc.)
The best way to minimize impact will be to quickly fill and stabilize the slopes with vegetation. This entrance will not be
the construction entrance so any staging of equipment and early work can be completed away from the wetlands and
then promptly completed.
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-2022-01244
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Connor Breedlove
Newkirk Environmental Inc.
Unknown
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Date of PJD: October 31, 2022
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 Streams -tributaries
Open Waters Pond Construction
Buffers

2. Wetland Impacts
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name
2e. Forested*
2f. Type of Jurisdicition*
(?)
2g. Impact
area*
W1
Driveway Entrance
P
Riverine Swamp Forest
Impact A
Yes
Corps
0.290
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
0.290
2i. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
2g. Total Permanent Wetland Impact
0.290
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Approximately 2.31 acres of impervious area will be constructed for the parking lot and sidewalk access. To treat stormwater runoff, a wet detention
pond is required. The total required area proposed and higher level of traffic creates circulation design constraints that necessitate a second entrance. In
order to provide the maximum spacing for the driveway entrance on Ocean Hwy. and the intersection of George II Hwy, some level of wetland impact is
required. Current proposed location minimizes the total impervious area that would be needed as well as impacts a lower level of wetlands than if the
entrance was further North on Ocean Hwy.
General earth -moving equipment will be used to facilitate the development. A separate construction entrance will be utilized.
• Can property access routes be moved or reduced to avoid stream, wetland, water, and buffer impacts?
No. Need access as shown to maximize distance from the driveway to intersection for NCDOT and provide a turn
lane.
• Can a building, parking lot, etc. be realigned to avoid impacts?
No. Layout best works given the circumstances noted above.
• Can the site layout be reconfigured to avoid impacts?
No. See above.
•Can headwalls or steeper side slopes be used safely to avoid/minimize impacts?
No. Current slopes are maximum permitted.
• Can a retaining wall be used safely to avoid/minimize impacts?
A retaining wall could be used to minimize impacts, but not avoid. However, ultimately the space needed to install the
wall would have an equal amount of impact.
Can lots be reshaped or have shared driveways to avoid impacts?
No. This is the area of minimal impacts. Moving or re -shaping lot would increase impact.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Turbidity curtain to be used if water level is high enough. This location is at the tail end of the wetlands and therefore minimizes the impact.
List all techniques and practices that you plan to use to avoid and minimize impacts from the construction of the project (e.g., scheduling issues to avoid
certain time -specific aquatic impacts, erosion control measures, hand clearing versus use of heavy equipment, site access from high ground, pre-
fabrication of materials in high ground to minimize time in sensitive environments, building elevated structures over wetlands or streams to transport
equipment, etc.)
The best way to minimize impact will be to quickly fill and stabilize the slopes with vegetation. This entrance will not be
the construction entrance so any staging of equipment and early work can be completed away from the wetlands and
then promptly completed.

1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Approximately 2.31 acres of impervious area will be constructed for the parking lot and sidewalk access. To treat stormwater runoff, a wet detention
pond is required. The total required area proposed and higher level of traffic creates circulation design constraints that necessitate a second entrance. In
order to provide the maximum spacing for the driveway entrance on Ocean Hwy. and the intersection of George II Hwy, some level of wetland impact is
required. Current proposed location minimizes the total impervious area that would be needed as well as impacts a lower level of wetlands than if the
entrance was further North on Ocean Hwy.
General earth -moving equipment will be used to facilitate the development. A separate construction entrance will be utilized.
• Can property access routes be moved or reduced to avoid stream, wetland, water, and buffer impacts?
No. Need access as shown to maximize distance from the driveway to intersection for NCDOT and provide a turn
lane.
•Can a building, parking lot, etc. be realigned to avoid impacts?
No. Layout best works given the circumstances noted above.
• Can the site layout be reconfigured to avoid impacts?
No. See above.
•Can headwalls or steeper side slopes be used safely to avoid/minimize impacts?
No. Current slopes are maximum permitted.
•Can a retaining wall be used safely to avoid/minimize impacts?
A retaining wall could be used to minimize impacts, but not avoid. However, ultimately the space needed to install the
wall would have an equal amount of impact.
Can lots be reshaped or have shared driveways to avoid impacts?
No. This is the area of minimal impacts. Moving or re -shaping lot would increase impact.
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Turbidity curtain to be used if water level is high enough. This location is at the tail end of the wetlands and therefore minimizes the impact.
List all techniques and practices that you plan to use to avoid and minimize impacts from the construction of the project (e.g., scheduling issues to avoid
certain time -specific aquatic impacts, erosion control measures, hand clearing versus use of heavy equipment, site access from high ground, pre-
fabrication of materials in high ground to minimize time in sensitive environments, building elevated structures over wetlands or streams to transport
equipment, etc.)
The best way to minimize impact will be to quickly fill and stabilize the slopes with vegetation. This entrance will not be
the construction entrance so any staging of equipment and early work can be completed away from the wetlands and
then promptly completed.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2c. If yes, mitigation is required by (check all that apply):
DWR Corps
2d. If yes, which mitigation option(s) will be used for this project?
Mitigation bank Payment to in -lieu fee program Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Lower Caper Fear Umbrella Mitigation Bank
3b. Credits Purchased/Requested (attach receipt and letter)
Type:
Riparian wetland
3c. Comments
Quantity:
0.3
Statement of Credit Availability Received December 16, 2022. Credits will be purchased upon permit approval and prior to the beginning of work.
6. Buffer mitigation (State Regulated Riparian Buffer Rules) - required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you must fill out this entire form - please contact DWR for more information.
Yes No
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:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of
downstream surface waters.*
Stormwater Management Plan Antidegradation Calculations
Comments:
SMP is currently under review with state. SMP is attached below.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/statellocal) 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.
This project is a single and entire project with no plans for expansion that would result in additional wetland impacts.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Sewage will be treated by Brunswick County Utility. Connection to the existing low-pressure main will be by force main and pump station. Information for
the treatment system is as follows:
Downstream Sewer: Town Creek Interceptor 16-inch FM, permit number WO0032673
WWTF : West Brunswick WWRF, permit # WQ0023693
Bruns Co Sewer Collection System permit #: WQCS 00284
Owner: Brunswick County
Capacity: Unknown
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?
USFWS IPaC
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? *
No salt marshes, oyster reefs, or seagrass beds are within or close proximity to the project site.
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?*
http://gis. ncdcr.gov/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 Flood Map Service
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
Raceway-Winnabow_AdditionalDocuments.pdf 23.52MB
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:
Connor Breedlove
Signature
6Ale ct. 66±lem
Date
1/4/2023

Table of Contents
401 pre -filing request.......................................................................................Page 01
Agent Authorization Form.................................................................................Page 02
NCCZMPStatement........................................................................................Page 03
PropertyDeed.................................................................................................Page 04
Mitigation Credit Statement of Availability............................................................Page 09
Wetland Impact Exhibits...................................................................................Page 10
Stormwater Management Plan...........................................................................Page 18
USFWSIPaC.................................................................................................Page 32
Raceway - Winnabow EDO

From:
401PreFile
To:
Connor Breedlove
Subject:
Automatic reply: [External] 401 Pre -Filing Meeting Request - Raceway - Brunswick County
Date:
Thursday, December 1, 2022 3:14:28 PM
This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
https://deq.nc.gov/about/divisions/water-resources/water-quality_permitting/401-buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional
Staff: httl2s://edocs.deq.nc.gov/WaterResources/DocView.asl2x?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
permitting/staff-contacts

AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO. PLAN NO. PARCEL ID --
STREET ADDRESS: 1,7 230 OCeo-el N k
/16 Z 8 Li —7-)
Please print:
Property Owner:. _
Property Owner: _
The undersigned, registered property owners of the above noted property, do hereby authorize
Connor Breedlove of Newkirk Environmental Inc.
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
Telephone:
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
Auth d Signature
Date: l Z/ f 61 2oZZ
Authorized Signature
Date:

December 15, 2022
U.S. Army Corps of Engineers - Wilmington
69 Darlington Avenue
Wilmington, NC 28403
NCDEQ - 401 and Buffer -Division of Coastal Management - Wilmington
127 Cardinal Drive Ext.,
Wilmington, NC 28405
To Whom It May Concern:
This is to certify that the proposed activity, subject to the jurisdiction of the U.S. Army Corps of
Engineers as described in the attached application, complies, to the best of my knowledge, with the
enforceable policies of the approved North Carolina Coastal Zone Management Program (NCCZMP) and
will be conducted in a manner consistent with the Program.
The wetland delineation used in preparing this application was performed in accordance with USACE
methods and techniques and, to the best of my knowledge, is an accurate representation of the location of
all jurisdictional wetlands within the project.
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 act on this CWA 401 certification request within the applicable reasonable
period of time.
Since this project is located in the Coastal Zone of North Carolina, I understand that the U.S. Army Corps
of Engineers must provide this statement to the NC Department of Environmental Quality (NCDEQ)-401
and Buffer and Division of Coastal Management for its review and that a Department of the Army permit
will not be issued until the NCDEQ concurs. I also understand that additional information concerning
this project may be required by NCDEQ to facilitate its review of the project and additional certifications
may be required for other Federal or State authorizations.
By: By:
Name: Name:
Title: Authorized Signatory / w-ce (arc S J*4ritle:
Date: 12 r 101 / Z Z. Date:

TIES SPACE PROVIDED FOR RECORDER'S USE ONLY:
This certifies that there are no delinquent ad
valorem taxes, fees, assessments or other
Hans which the Brunswick County Tax
Collector Is charged with collecting, that are a
lien on: Parcel Number Q kl 0 6 0 31
as notated by the Brunswick County
Assessor's office. This is not a certification
that the parcel number matches the deed
JAN 0 019
Date (Asst) Tax Col. / Del. Tax Spec.
Deed drafted by Thomas N. Bellamy
WHEN RECORDED RETURN TO:
Martha and Robert James
48 George II Bevy SE
Winnabow, NC 28479
III II I III I II I II I I I II IIII II I II I I I II III B4150 P0855 enda M. Cleroreuns 351.9..
PROP
Brunswick County, NC Register of Deeds page I of 5
:return to
Total &—Rev - Int.
4t
✓k $Cash $
Refund Cash $ Finance
%3 Portions of document are illegible due to condition
of original.
13 Document contains seals verified by originai
instrument that cannot be reproduced or copied.
NORTH CAROLINA GENERAL WARRANTY DEED
This Deed made this 30th day of January 2019 by and between
TILE GRANTOR(S),
Alexander Bell, a single person (Deceased, Heirs Alexis Osborn, Alexandria Osborn and Laquella Coardes)
for and in consideration of. $1.00 grants, bargains, sells, conveys and warranties to the
GRA.NTEE(S):
Martha Loretta James and Robert Lee James, 48 George II Hwy SE Winnabow, Brunswick County,
NC 28479
County,
as joint tenants with for the rights of survivorship, the following described real estate, situated in
TOWNCREEK, Township, in the County of BRUNSWICK, State of North Carolina:
TRACT ONE: Beginning at a sweet gum in G. T. Reid's line of the
Richard Sellers tract, running thence about northeast course 528 feet to an iron
wood tree on the south side of the run of Bell Swamp; rums thence up said run of
Bell Swamp with its various meanders in a northwesterly course about 249 feet to
an iron stake, G. T. Reid's corner; runs thence with said Reid line about south 38
west to the BEGINNING, containing 1 acre, more or less and being the same
property conveyed to G. T. Reid and G.K. Lewis by deed dated April 16, 1946
from Richard Sellers and wife, which said deed is duly recorded in Book 83 at Page 335
of the Brunswick County Registry; and being the same lands conveyed from G.K. Lewis
to G. T. Reid by deed recorded in Book 242 at Page 815 of the Brunswick County
Registry.

IIIIIIIIII Ilii II11111111111(lllIIII B4150 P0856 mmons 36.000 Brunswick County, NC Rag�PROP
ster of Deeds page 2 of 5
TRACT TWO: Beginning at an iron pipe at the South edge of the run of
Bell swamp 192 and one-third feet eastwardly. From the East End of the Center
Colom of Bell Swamp Bridge on State Highway No. 30 and runs thence South 38
degrees west about 650 feet to an iron corner at the edge of the Old Southport
Road. Thence Northwardly with the edge of the Right or the Southport Highway
to a point where the same intersects with Highway No. 30; thence with the Edge
of the Right of Way No. 30 and the various courses of the same to the Runn of
Bell Swamp thence Eastwardly with the Runn of same to the point of Beginning,
containing 2 acres, more or less, as described in Book 540 at Page 229 of the
Brunswick County Registry.
A map showing the property is recorded in Plat Book
Brunswick County.
Page
Derivation: This property was acquired by the Grantor by a Warranty, dated April 25, 2003 and recorded
with the Brunswick recorder, in Book 1736, Page 786, Brunswick County.
Subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of
way and easements of record the grantor hereby covenants with the Grantee(s) that Grantor is lawfully
seized in fee simple of the above granted premises and has good right to sell and convey the same; and that
Grantor, his heirs, executors and administrators shall warrant and defend the title unto the Grantee, his
heirs and assigns against all lawful claims whatsoever.
Tax Parcel Number: 08400031.
... .. _ _ +-. kc?rcczs.rc w AtY.::. -�.e..�e-a�-�s�.�;� zak�` "ash.-+.-- fA „-.:::_' r •. .�;�.-c�`-'��. --... .,-.� +�'--�M �:"�.kvt �s�,' ter �- .; �'A'i';'zvT . �.�.�e§.�P#"� .w�:�i

Grantor Signatures: f
DA'1TI>_—_may I I C1
Alexandria O. born
New Haven, Connecticut,
IIIII IIIII III III IN Jilllllllllllllll 84150 P085701-31-2019
mo�s 35,000 Brunswick County, NC Register of Deeds PROP
page 3 of 5
STATE OF CONNECTICUT, COUNTY OF NEW HAVEN; ss:
The foregoing instrument was acknowledged before me this 2% "dad of
)4,v 7.��y , for Alexander Re]] (deceased) trr his heir Alexandria
{Jsbunt..
State of: Connecticut
County of: At,N Hwe
The forgoing document was acknowledged
before me�day of ��� ;,v , v /
pis Morrison Jr, Notary Public
Commission Expires: March 31, 2022
G ♦ � ~ ar
L-"^' L-
Sitnature of person taking acknowledgment
i%A-y /7- 4 / c
Tale or rack
Serial number, if any ! y
Commission Expires
Hate:
-1/1/ /Zo2Z_
� �RI S pN''•
•-- dA�'♦4
00
0,
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Sitnature of person taking acknowledgment
i%A-y /7- 4 / c
Tale or rack
Serial number, if any ! y
Commission Expires
Hate:
-1/1/ /Zo2Z_
� �RI S pN''•
•-- dA�'♦4
00
0,
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'

DATED. i -2 - Il
ahw c
Alexis Osborn
New Haven. Connecticut,
1111- B4150 P0858 10-28-35.000
I Brunswick County, IIIII III NC IIIIIIIIter of Deeds page 4 of 5PROP
STATE OF CONNECTit;IT, COUNTY OF NEW HAV©EN, ss;
The foregoing instruraent was acknowledged before me this�dav of
2a ly, for Alexander Bell (deceased) by his heir Alexis Osborn
.:1/— 6-- 4—
! iganiature of person taking acknols iedgment
L
Title or hank
Serial number, if any / 4� 7 e4 1-
Commission Expires
Date: 3/ p / —)o z Z
State of: Connecticut
County of: +fie„ P,,Vcri
The forgoing document was acknowledged
before me Zy NLay of
Louis Morrison Jr, Notary Public
My Commission Expires: March 31, 2022
°'�RI S
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Grantor Signatures:
DATED: /- —27 — Zo l,P
Laqu la Coardes
210 Burwell St AP4
New Haven, Connecticut, 065I4
IIIIIIIII I III III IIII IIII IIIII III II III a4159 p0s59 m111On5-35 PROP
Brunswick County, NC Register of Deeds page 5 of 5
STATE OF CONNECTICUT, COUNTY OF NEW HAVEN, ss:
The foregoing instrument was acknowledged before me this Z7 day of
�N C zai J- , for Alexander Bell (deceased) by his heirs (Gregory
Bynum (deceased) and Gregory Bynum's heir Laquelia Coardes..
Grantor Signatures:
-- L
Signnature of person taking acknowledgment
/- y 11
Title or rank
Serial number, if any
Commission Expires
Date:
3/3i/Zaz Z
State of: Connecticut
County of: 4r-
The forgoing document was acknowledged
before e j7l `Jay of Zou-
Louis Morrison Jr, Notary Public
My Commission Expires: March 31, 2022
r•��Ma vt3,1;.
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o"
h•auu..uu.1°1

LOWER CAPE FEAR UMBRELLA MITIGATION BANK
STATEMENT OF CREDIT AVAILIBILITY
December 16, 2022
TO: Connor (Newkirk Environmental) FROM: Lower Cape Fear Umbrella Mitigation Bank
c/o Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Project: Raceway-Winnabow (Brunswick County, NC)
Dear Connor:
Pursuant to the recent credit request submitted on your behalf, the Lower Cape Fear Umbrella Mitigation
Bank (LCFUMB) is providing confirmation of acceptance to supply mitigation credits for proposed riparian
wetland impacts associated with the Raceway-Winnabow Project (Brunswick County, NC). This acceptance is
conditional upon receipt of payment as outlined below. Please refer to the table below depicting the type
and quantity of credits requested and reserved for your project.
I
[Stream
r
Mitigation Type I Credits Reserved I Fee Per Unit
I 0 $646.12
Non -Riparian Wetland
[Riparian (Riverine) Wetland
7_ 0.0
7_ 0.3
$70,939.17
$70,939.17
Fee
$0.00
$0.00
$21,281.75
Total Fee I $21,281.75
Based upon receipt of email transmitted on your behalf on December 15, 2022, LCFUMB will reserve 0_3
riparian riverine wetland credits for a period of up to 90 days from the date of this letter. Note that requests
to reserve credits beyond 90 days will require a deposit. Please contact us if you need a reservation to
extend beyond the 90-day period.
Upon request for receipt of credit transfer, LCFUMB will issue an invoice in the amount of $21,281.75.
Upon receipt of payment, LCFUMB will provide an executed Transfer of Credit Certificate. Note that all
payments must be made with certified funds. It is the applicant's responsibility to ensure that the credit
types and amounts requested are consistent with the compensatory mitigation requirements of the permit(s)
issued. LCFUMB and/or its agents are not responsible for determining the applicant's mitigation
requirements. If you have any questions or need additional information, please contact me by phone at
[phone] or by email at [e-mail]
Sincerely,
Davey Resource Group Inc. (agent for LCFUMB)
Cll�lf,� r Ill
Christian Preziosi
Principal Consultant

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DRAWING PREPARED BY:
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1074 ASHEVILLE HWY
USGS TOPO MAP SPARTANBURG, SC 29303
RACEWAY — WINNABOW EDO PH: [phone]
BRUNSWICK COUNTY FMAhtt VVAW.Sitedesign-inc.com/
PIN#: 08400031 & 0840003201
5220746 NTS I DRAWN 2NH I CHECKED PM DATEI I1/I1/2022

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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: 2023-0025706
Project Name: Raceway-Winnabow
December 15, 2022
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

12/15/2022 2
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 hops://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.

12/15/2022 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

12/15/2022 1
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]

12/15/2022 2
Project Summary
Project Code: 2023-0025706
Project Name: Raceway-Winnabow
Project Type: Commercial Development
Project Description: Development
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@34.1331053,-78.09525159568804,14z
Counties: Brunswick County, North Carolina

12/15/2022 3
Endangered Species Act Species
There is a total of 15 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
Fisheriesl, 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 Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
Birds
NAME
STATUS
Piping Plover Charadrius melodus
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. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Threatened
Threatened
Endangered

12/15/2022 4
Reptiles
NAME
STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile: https://ecos.fws.gov/ecp/species/776 (Threatened)
Green Sea Turtle Chelonia mydas Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/1110
Snails
NAME
Endangered
Endangered
Threatened
STATUS
Magnificent Ramshorn Planorbella magnifica
There is proposed critical habitat for this species. Your location does not overlap the critical
habitat.
Species profile: https://ecos.fws.gov/ecp/species/6216
Insects
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Proposed
Endangered
STATUS
Candidate

12/15/2022 5
Flowering Plants
NAME
STATUS
Cooley's Meadowrue Thalictrum cooleyi
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2747
Seabeach Amaranth Amaranthus pumilus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8549
Endangered
Endangered
Threatened
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

12/15/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act1 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 Treaty 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.
NAME BREEDING SEASON
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
Brown -headed Nuthatch Sitta pusilla
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation
Regions (BCRs) in the continental USA
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Breeds May 1 to
Sep 30
Breeds Mar 1 to Jul
15
Breeds Mar 15 to
Aug 25

12/15/2022 2
NAME BREEDING SEASON
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Prothonotary Warbler Protonotaria citrea
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Swallow-tailed Kite Elanoides forficatus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
https://ecos.fws.gov/ecp/species/8938
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Breeds May 1 to Jul
31
Breeds Apr 1 to Jul
31
Breeds May 10 to
Sep 10
Breeds Mar 10 to
Jun 30
Breeds May 10 to
Aug 31
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

12/15/2022 3
(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 (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.
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 I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bachman's Sparrow + ""'I'i 1111
BCCCC Rangewide � �— —++
(CON)
Brown -headed
Nuthatch
BCC - BCR
Chimney Swift
BCC Rangewide
(CON)
Prairie Warbler
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
Red-headed
Woodpecker
1111 1111
I - Anil 1111 1111 III I
- -- -III 1111 1111 1111 1111 1111----------------
-+. 1111 1111 1111--------------------
---1 1111 1111 1111 1111--- Ill ■-III■III11 I I I ---

12/15/2022 4
BCC Rangewide
(CON)
Swallow-tailed Kite
BCC Rangewide
(CON)
Wood Thrush
BCC Rangewide
(CON)
111 1111 111 11"
-±. 11III11■III--------
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 hops://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
(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

12/15/2022 5
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.
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

12/15/2022 6
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

12/15/2022 7
IPaC User Contact Information
Agency: Newkirk Environmental
Name: Connor Breedlove
Address: 1887 Clements Ferry Rd
City: Charleston
State: SC
Zip: 29492
Email [e-mail]
Phone: [phone]