20230307 Ver 1_ePCN Application_20230224

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:
2/24/2023
BIMS # Assigned * Version#*
20230307 1
Is a payment required for this project? *
No payment required
Fee received
Fee needed - send electronic notification
Select Project Reviewer*
Holley Snider:[e-mail]
Information for Initial Review
la. Name of project:
COURTESY COPY Townes at Park Place
la. Who is the Primary Contact?*
Kim Williams - Davey Resource Group, Inc.
Reviewing Office*
Wilmington Regional Office - [phone]
1b. Primary Contact Email: * lc. Primary Contact Phone: *
[e-mail] [phone]
Date Submitted
2/24/2023
Nearest Body of Water
Mott Creek
Basin
Cape Fear
Water Classification
C; Sw
Site Coordinates
Latitude:
34.139937
A. Processing Information
Longitude:
-77.898905
Is this project connected with ARPA funding?*
Yes No
County (or Counties) where the project is located:
New Hanover
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
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 29 - Residential Developments
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lh. Is the project located in any of NC's twenty coastal counties?
Yes No
li. 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
ld. 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:
Bennett Commercial Properties, LLC
2b. Deed book and page no.:
2c. Contact Person:
Ms. Connie Bennett
401 Water Quality Certification - Express
Riparian Buffer Authorization
Unknown
Yes No
Yes No

2d. Address
Street Address
6601 Myrtle Grove Rd
Address Line 2
City State / Province / Region
Wilmington NC
Postal / Zip Code Country
28409 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Mr. Bryant Ligon
3b. Business Name:
FDCC, LLC
3c. Address
Street Address
128 S. Main Street; Suite 2
Address Line 2
City
Summerville
Postal / Zip Code
29483
3d. Telephone Number:
[phone]
3f. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Kim Williams
4b. Business Name:
Davey Resource Group
4c. Address
Street Address
3805 Wrightsville Avenue; Suite 15
Address Line 2
City
Wilmington
Postal / Zip Code
28403
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
State / Province / Region
SC
Country
USA
3e. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
C. Project Information and Prior Project History O
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Wilmington
2. Project Identification

2a. Property Identification Number:
R07600-006-044-000
2b. Property size:
8.9
2c. Project Address
Street Address
5308 Carolina Beach Rd
Address Line 2
City
Wilmington
Postal / Zip Code
28412
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
Mott Creek
3b. Water Resources Classification of nearest receiving water:*
C; Sw
3c. What river basin(s) is your project located in?*
Cape Fear
3d. Please provide the 12-digit HUC in which the project is located.
030300050702
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 8.88-acre project area is located at 5308 Carolina Beach Road in Wilmington, NC (New Hanover County). The northeastern portion of the site is cleared and contains a shed. The
remainder of the site is forested. The site is entirely uplands except for one stream that runs through the southern part of the site. This stream is approximately 5 feet wide and has steep
slopes. Forested portions of the site are densely vegetated and support a mix of loblolly pine, longleaf pine, turkey oak, and laurel oak. Adjacent land use is a mix of residential,
commercial, and undeveloped and forested.
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:
N/A
4g. List the total estimated linear feet of all existing streams on the property:
170
4h. Explain the purpose of the proposed project: *
The purpose of the project is to construct a multi -family residential development within the site to serve the housing needs of the community. One stream impact is needed for site access.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
This development will contain 88 multi -family units. Parking, roads, utilities, and a stormwater pond are also proposed.
Erosion control measures will be installed prior to any site disturbance. The limits of disturbance will then be cleared of vegetation. Site grading will occur as depicted on the site plan.
Roadways and utilities will be installed. Then building construction will occur. The road at the stream crossing will be 24' wide, with 2' curbs, one sidewalk, and 3:1 slopes. The proposed
stream crossing will contain a 72" RCP, which will be buried 12" per USAGE and NCDWR conditions. Approximately 25' of rip rap will also be installed at the downstream end of the culvert
to reduce scour. Track hoe, loader, dump truck, bob cat, and other standard construction equipment will be used.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas? *
Yes
Comments:
No O Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
Action ID# SAW-2022-02377
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Mark Westendorff
Davey Resource Group
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
Brad Shaver with the USAGE issued the PJD on 11/22/22.

6. Future Project Plans
6a. Is this a phased project? *
Yes No
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
O Buffers
U
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width
3h. Impact
length*
Si
Road Crossing
Permanent
Culvert
UT to Mott Creek
Perennial
Both
5
Average (feet)
55
(linear feet)
S2
Rip Rap
Temporary
Rip Rap Fill
UT to Mott Creek
Perennial
Both
5
Average (feet)
25
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
55
3i. Total stream and ditch impacts:
80
3j. Comments:
Top of riprap will be installed at the elevation of the existing stream channel.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
25
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The stream bisects the site and access to uplands throughout the site could not be obtained without crossing it. Headwalls will be used to reduce
impacts. Bridging the stream was determined to be too expensive and was not economically feasible.
Ib. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
The developer will obtain stormwater and sedimentation and erosion control permits prior to development. Headwalls will be used to reduce impacts.
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:
Stream impacts are less than 0.02 acre.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Site is located within the Cape Fear River Basin, which does not have State Riparian Buffer Rules.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No

2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Wilmington
State Stormwater Programs
Phase II Coastal Counties
HWQ or ORW Other
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 will not provide access or utilities to adjacent properties. Additionally, the developer will obtain stormwater and sedimentation and erosion
control permits prior to development to limit impacts to downstream waters.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? *
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Project will tie into existing municipal wastewater treatment system.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat? *
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts? *
Yes No
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No

5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
A search of the North Carolina Natural Heritage Program database was conducted to identify areas within and around the site that are known to support
federally listed species. According to their files, no federally listed species have been identified within the site. The northern long-eared bat and the
American alligator are known to occur within one mile of the site. The USFWS IPaC database was also reviewed and several species were identified as
potentially occurring in the region. Many of these species require coastal and/or marine habitat and would not be found within the site. DRG performed a
T&E assessment in 2022 and found that since the site is forested, it provides suitable roosting habitat for the northern long-eared bat and tri-colored bat.
No NLEB hibernacula or maternity roosting trees are known to occur in the area. The site does not appear to provide suitable habitat for any other
species known to occur in the area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat? *
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA EFH Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status? *
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources? *
The NC State Historic Preservation Office HPOWEB GIS mapping resource was used to determine the presence of known cultural or historic resources.
No cultural or historical resources were noted within or adjacent to the site. DRG also requested comments from SHPO for the site in 2022. SHPO did
not have any comments.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
Yes No
8c. What source(s) did you use to make the floodplain determination? *
FEMA Flood Map Service Center Website
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Townes Attachments.pdf
File must be PDF or KMZ
Comments
8.11MB
Signature U
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Kim Williams
Signature
9alltitnr t
Date
2/24/2023

DAVEY#-.
Resource Group
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
February 24, 2023
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Townes at Park Place; Wilmington; New Hanover County, NC
NWP 29 Application
Action ID# SAW-2022-02377
To Whom It May Concern:
On behalf of FDCC, LLC, Davey Resource Group, Inc. is submitting a Pre -Construction Notification form
and associated attachments for the Townes at Park Place project in Wilmington, NC. The purpose of
the project is to construct a multi -family development within this site.
The project proposes to impact 80 LF (0.013 ac) of a perennial stream to gain access to uplands within
the site. Because stream impacts are under the typical mitigation threshold of the USACE, no
mitigation is proposed.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
IL
Kim Williams
Environmental Scientist
Encl.
Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

THE TOWNES AT PARK PLACE
Wilmington, NC
New Hanover County
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
Figure 5. Site Plan & Cross Section Showing Proposed Stream Impacts
Figure 6. Close -Up of Impact Area
3.0 PRELIMINARY JURISDICTIONAL DETERMINATION
4.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
5.0 SHPO CORRESPONDENCE

1.0 AGENT AUTHORIZATION FORM

DAVEY#-.
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group, Inc, to act as our agent in the
preparation and representation of information related to the Section 404/401 pen -nit application
for The Townes at Park Place located in Wilmington, NC. All questions regarding this project
should be directed to Davey Resource Group.
Sincerely,
FDCC,LLC
Applicant
r
1 f1
PrintqsLne
�V J
Date
Phone: [phone] • Fax; 910.452.0060
3805 Wrightsville Avenue, Suite 15 + Wilmington, NC 28403

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
Figure 5. Site Plan & Cross Section Showing Proposed Stream Impacts
Figure 6. Close -Up of Impact Area

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L:\GEOLOGY\2022 GEOLOGY FILES\DRGNCW22.370 ---
Bennett Commercial Property, Coastal Cornerstone Development
\Wetlands\MAPS
Boundaries are approximate and not meant to be absolute.
Map Source: 2020 NC One Map
N 0 100 200 400
ft
Scale applies to 11X17" print.

EXISTING SITE DATA
PROPERTY OWNER: BENNETT COMMERCIAL PROP LLC
6601 MYRTLE GROVE RD.
WILMINGTON, NC 28409
PROJECT ADDRESS: 5308 CAROLINA BEACH RD.
WILMINGTON, NC 28412
PARCEL ID: R07600-006-044-000
TOTAL TRACT AREA: ± 9.14 ACRES
CURRENT ZONING: RMF-M (CZD)
PROPOSED USE:
MULTI -FAMILY RESIDENTIAL
DEVELOPMENT DATA
RMF-M DENSITY:
17 UNITS / AC
APPROVED UNITS (CZD):
95 UNITS MAX.
PROVIDED UNITS:
88 UNITS
PROVIDED DENSITY:
9.63 UNITS / AC
WETLANDS NOTE
1. PRELIMINARY WETLAND INFORMATION PROVIDED BY
DAVEY RESOURCE GROUP; FINAL JD PENDING
DIMENSIONAL REQUIREMENTS - RMF-M (CZD)
PROVIDED
FRONT SETBACK
20'
REAR BUFFER
20'
SIDE SETBACK, INTERIOR
20'
SIDE BUFFER, INTERIOR
20'
SIDE SETBACK, STREET
N/A
HEIGHT MAXIMUM
2 STORIES
SITE INVENTORY NOTES
1. SOILS TYPE: Kr (KUREB SAND), Se (SEAGATE FINE SAND), Le (LEON SAND)
& Ly (LYNN HAVEN FINE SAND)
2. THIS PROPERTY IS NOT IMPACTED BY ANY AEC
3. THIS SITE IS NOT IMPACTED BE ANY RECOGNIZED HISTORIC OR
ARCHEOLOGICAL SIGNIFICANCE
4. NO CEMETERIES WERE EVIDENCED ON THE SITE
5. THERE IS NO EVIDENCE OF JURISDICTIONAL WETLANDS WITHIN THE
PROPOSED DEVELOPMENT AREA
6. THERE IS NO ENDANGERED SPECIES OR HABITAT ISSUES ON THE SITE
DEVELOPMENT NOTES
1. ALL DEVELOPMENT SHALL BE IN ACCORDANCE WITH THE NEW
HANOVER COUNTY ZONING ORDINANCE.
2. PROJECT SHALL COMPLY WITH ALL FEDERAL, STATE & NEW
HANOVER COUNTY REGULATIONS.
3. NO PUBLIC R.O.W PROPOSED. ALL ROADS/ DRIVES TO BE PRIVATE
AND MAINTAINED BY H.O.A.
4. H.O.A. TO MAINTAIN ALL OPEN SPACE, BUFFER AREAS,
STORMWATER MANAGEMENT ELEMENTS AND PARKING FACILITIES.
PLANNING BOARD CONDITIONS
1. A DOWNSTREAM STORMWATER ANALYSIS OF THE EXISTING
INFRASTRUCTURE SERVING THE SITE SHALL BE CONDUCTED. THE ANALYSIS
SHALL INCLUDE THE OWNERSHIP OF THE INFRASTRUCTURE, AND THE PARTY
OR PARTIES RESPONSIBLE FOR ITS MAINTENANCE AND IMPROVEMENT.
2. THE STORMWATER POND SHALL BE AERATED.
3. THE TOWNHOMES SHALL BE LIMITED TO TWO STORIES.
4. THE REQUIRED BUFFERYARD SHALL BE OPAQUE.
A r% A r%
LEGEND
= PROPERTY LINE
= PROPOSED PAVEMENT
W W
= PROPOSED WATER MAIN
-SS-SS-
= PROPOSED SEWER MAIN
-
- = PROPOSED BUFFER
-
- = PROPOSED SETBACK
.
= PROPOSED POND OUTLINE
®
= SEWER MANHOLE
= FIRE HYDRANT
°
= STREETLIGHT
= WETLAND
IMPERVIOUS CALCULATIONS
BUILDINGS:
ROADS / ASPHALT:
SIDEWALKS:
TOTAL IMPERVIOUS:
TOTAL IMPERVIOUS PERCENTAGE:
ALL OUTLET LENGTH
PIPES SHALL HAVE
FLARED END SECTIONS
RIP -RAP.
STORM DRAIN PIPE o
APRON
PLAN
SLOPE - 0%
TAI LWATE R
FLOW
_ _
STORM DRAIN PIPE - - - - - -- - -- -
FILTER FABRIC J N.C. D.O.T. CLASS B
SECTION RIPRAP
± 81,320 SF
± 97,987 SF
± 20,972 SF
± 200,279 SF (± 4.60 AC)
± 200,279 SF / 398,138.40 SF = 50.30%
i®
i-
a I
a I
I
I
PROPOSED RI
RAP APRON7
-80' IMPACTAREA
1' 24' 1' S'
1/4" PER FT 1/4" PER FT
•1
3• S G
OPTS pFS`
`�� 3 7
PROPOSED
SANITARY SEWER
INTERFERENCE
STRUCTURE
Lmmmj
PROPOSED Q PROPOSED
STORM SEWER O WATER MAINS
\___PROPOSED END WALL
ERMANENT CULVERT [50 LF]
DITCH INV. UP (SE) = 16.00
DITCH INV. DOWN (NW) = 15.75
PIPE INV. UP (SE) = 15.00
PIPE INV. DOWN (NW) = 14.75
STREAM IMPACT
TYPICAL ROAD CROSS SECTION
NOT TO SCALE
PROPOSED GRAVITY SEWER ­,,DITCH
20
F- DITCH BOTTO
I W/12" BURIED PIPE
v
0-1 15
I
WI
a
I
I 10
I PROPOSED WATER MAIN
5
-PROPOSED HEAD WALL
0
°o
10+00
ERMANENT DITCH CULVERT [50 LF]
(1) 72" RCP CL III (12" FILL AT BOTTOM)
DITCH INV. UP (SE) = 16.00
INV. DOWN (NW)= 15.75
PIPE INV. UP (SE) = 15.00
PIPE INV. DOWN (NW) = 14.75
20
15
"--PROPOSED RIP
RAP APRON
36" STORM SEWER
10
5
0
°o co
N
11+00
RIP -RAP SCHEDULE
APRON # PIPE DIA. (IN.) LENGTH (FT.) UP.WIDTH (FT.) DWN.WIDTH (FT.) THICKNESS (IN.)
CULVERTI 1 72 25 1 18 18 18
RIP -RAP APRON
NTS
FFE 25.90
SPEEDWAY
TH 15
8 UNITS
/
F'IF't 1 NV. Ur (Jt) = 10.UU
PIPE INV. DOWN (NW) = 14.75
STREAM MPACT CROSS SECTION
1"=50' HORIZONTAL
1"=5' VERTICAL
° '1-
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STORMWATER POND
=z�
-PERMANENT CULVERT [50 LF]
(1) 72" RCP CL III (12" FILL AT BOTTOM)
DITCH INV. UP (SE) = 16.00
DITCH INV. DOWN (NW) = 15.75
PIPE INV. UP (SE) = 15.00
PIPE INV. DOWN (NW) = 14.75
Townes at Park Place Figure 6. Close U of Stream Impact
New Hanover Co. NOT TO SCALE 9 p p

3.0 PRELIMINARY JD

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02377 County: New Hanover U.S.G.S. Quad: NC -Wilmington
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Requestor: Bennett Commercial Properties, LLC
Connie Bennett
Address: 6601 Myrtle Grove Rd.
Wilmington, NC 28409
E-mail: connie4300(&att.net
Size (acres) 8_9 Nearest Town Wilmington
Nearest Waterway Cape Fear River River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.139937
Longitude:-77.898905
Location description: The project area is located 5308 Carolina Beach Road at Monkey Junction in central New Hanover
County.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/27/2022. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

SAW-2022-02377
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Brad Shaver at [phone] or
brad.e.shaver(&usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 11/22/2022.
D. Remarks: The site was verified via desktop.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNINgUSACE.ARMY.MIL

SAW-2022-02377
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by Brad
Brad Shaver shaver
Date: 2022.11.22
Corps Regulatory Official: 11:56:47-05'00'
Date of JD: 11/22/2022 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://re ug lator�.ops.usace.army.mil/customer-service-survey/.
Copy Fumished(electronic):
Davev Resource Group attn: Kim Williams

New Hanover County, NC DAVEYM. Section 404/401 N
L:\WETLANDS\2022 WETLANDS FILES\DRGNCW22.370\MAPS Resource Group Delineation
Boundaries are approximate and not meant to be absolute. Map Date: 9/27/22 3805 Wrightsville Avenue preliminary Sketch
Map Source: 2020 NC OneMap Aerial Photography DRGNCW22.370 wil Q1rnasminon,N nn8403
0 100 200 400
ft
Scale applies to 11X17" print.

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
W7 REQUEST FOR APPEAL
Applicant: Bennett Commercial Prouerties, LLC,
File Number: SAW-2022-02377
Date: 11/22/2022
Connie Bennett
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPenuits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Brad Shaver
ADMINISTRATIVE APPEAL REVIEW OFFICER
Wilmington Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
69 Darlington Avenue
ATLANTA, GEORGIA 30303-8803
Wilmington, North Carolina 28403
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(aUSACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportum to participate in all site invest] ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Brad Shaver, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

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

Ray Cooper, Governor
+■E■N INC DEPARTMENT OF
a■k■je NATURAL AND CULTURAL RESOURCES
■ ■■■
September 26, 2022
Kim Williams
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
RE. 5308 Carolina Beach Rd
Dear Kim Williams.
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-19439
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.
httl2s //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.butlerLncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTt1ENT OF NATURAL AND CULTURAL RESOURCES
4] 121 W JONES STREET, RALEI01_ NC 27603 - 1651 MAIL SERVICE CENTER. RALEIGH. NC 2761*
OFC !Dig 707.9120 • FAX 919.707.412,

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
5308 Carolina Beach Rd
September 26, 2022
NCNHDE-19439
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last � Element Accuracy Federal State Global State
Group 2servation Occurrence Status tatus Rank Rank
i Date = Rank
Amphibian 35967 Anaxyrus quercicus Oak Toad 1971-08-12 H 3-Medium --- Significantly G5 S2
Rare
Amphibian 4280 Pseudacris ornata Ornate Chorus Frog 1969-03-24 X 3-Medium --- Endangered G4 S2
Amphibian 17115 Rana capito Carolina Gopher Frog 1975-02-22 H 4-Low --- Endangered G2G3 S2
Mammal 24390 Corynorhinus Eastern Big -eared Bat 2006-Pre E 5-Very --- Special G3G4T S3
rafinesquii macrotis Low Concern 3
Mammal 32126 Myotis septentrionalis Northern Long-eared 1994-Post H? 5-Very Proposed Threatened G2G3 S2
Bat Low Endangered
Natural 30878 Tidal Freshwater Marsh--- 1980-07-23 C 4-Low --- --- G4G5 S3
Community (Cattail Subtype)
Natural 3534 Tidal Freshwater Marsh--- 1980-07-23 C 4-Low --- --- G4 S4
Community (Giant Cordgrass
Subtype)
Natural 30950 Tidal Freshwater Marsh--- 1980-07-23 C 4-Low --- --- G4? S4
Community (Sawgrass Subtype)
Reptile 3970 Alligator American Alligator 2018-02-26 E 4-Low Threatened Threatened G5 S3
mississippiensis Similar
Appearance
Reptile 12001 Liodytes rigida Glossy Crayfish Snake 2018-08-20 E 3-Medium --- Significantly G5 S2
Rare
Reptile 1478 Ophisaurus mimicus Mimic Glass Lizard 1971-07 H 4-Low --- Special G3 S1
Concern
Reptile 10990 Seminatrix pygaea Carolina Swamp Snake 1979-06-18 H 4-Low --- Special G5T4 S2
paludis Concern
Vascular Plant 11872 Cyperus lecontei Leconte's Flatsedge 1951-07 H 3-Medium --- Threatened G4? S2
Vascular Plant 8294 Dionaea muscipula Venus Flytrap 1969-05 H 3-Medium --- Threatened G2 S2
Vascular Plant 18899 Eleocharis robbinsii Robbins' Spikerush 1972-10 H 4-Low --- Special G4G5 S2S3
Concern
Vulnerable
Vascular Plant 1686 Eupatorium Limesink Dog -fennel 1972-10-02 H 4-Low --- Endangered G4G5 S2
leptophyllum
Vascular Plant 19781 Lachnocaulon minus Brown Bogbutton 1958-06-12 H 4-Low --- Threatened G3G4 S2
Page 2 of 4

Element Occurrences Documented Within a One -mile Radius of the Project Area
Vascular Plant 7192 Rhynchospora Coastal Beaksedge 1938-07-05
pleiantha
Vascular Plant 11311 Sagittaria isoetiformis Quillwort Arrowhead 1938-07-05
Vascular Plant 23489 Utricularia cornuta Horned Bladderwort 1938-07-05
Vascular Plant 14544 Utricularia olivacea Dwarf Bladderwort 1972-10
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Na Representational Rating -
Mott Creek Natural Area R5 (General)
Element Accuracy
Occurrence
Rank
H 3-Medium
H 3-Medium
H 2-High
H 4-Low
Collective Rating
C5 (General)
Federal State Global State
Status tatus Rank Rank
--- Threatened G2G3 S2
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name caner Owner Type
New Hanover County Open Space New Hanover County Local Government
New Hanover County Open Space New Hanover County Local Government
New Hanover County Open Space New Hanover County Local Government
--- Threatened G4? S2
--- Threatened G5 S1S2
--- Threatened G4 S2
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on September 26, 2022; source: NCNHP, Q2, July 2022.
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

NCNHDE-1 9439: 5308 Carolina Beach Rd
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Page 4 of 4

IPaC U.S. Fish & Wildlife Service
IPaC resource list
This report is an automatically generated list of species and other resources such as
critical habitat (collectively referred to as trustresources) under the U.S. Fish and
Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near
the project area referenced below. The list may also include trust resources that
occur outside of the project area, but that could potentially be directly or indirectly
affected by activities in the project area. However, determining the likelihood and
extent of effects a project may have on trust resources typically requires gathering
additional site -specific (e.g., vegetation/species surveys) and project -specific (e.g.,
magnitude and timing of proposed activities) information.
Below is a summary of the project information you provided and contact
information for the USFWS office(s) with jurisdiction in the defined project area.
Please read the introduction to each section that follows (Endangered Species,
Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information
applicable to the trust resources addressed in that section.
Location -, ny **
New Hanover County, North Carolina
malt ctee►
LDwe
Fn.7r1
i2 -
Myr
A

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

Endangered species
This resource list is for informational purposes only and does not constitute an
analysis of project level impacts.
The primary information used to generate this list is the known or expected range
of each species. Additional areas of influence (AOI) for species are also considered.
An AOI includes areas outside of the species range if the species could be indirectly
affected by activities in that area (e.g., placing a dam upstream of a fish population
even if that fish does not occur at the dam site, may indirectly impact the species by
reducing or eliminating water flow downstream). Because species can move, and
site conditions can change, the species on this list are not guaranteed to be found
on or near the project area. To fully determine any potential effects to species,
additional site -specific and project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of
the Secretary information whether any species which is listed or proposed to be
listed may be present in the area of such proposed action" for any project that is
conducted, permitted, funded, or licensed by any Federal agency. A letter from the
local office and a species list which fulfills this requirement can only be obtained by
requesting an official species list from either the Regulatory Review section in IPaC
(see directions below) or from the local field office directly.
For project evaluations that require USFWS concurrence/review, please return to
the IPaC website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed species
j. and their critical habitats are managed by the Ecological Services Program of the
U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National
Oceanic and Atmospheric Administration (NOAA Fisheries?).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not
shown on this list. Please contact NOAA Fisheries for species under their
Jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered;
IPaC also shows species that are candidates, or proposed, for listing. See the
listing status page for more information. IPaC only shows species that are
regulated by USFWS (see FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is
an office of the National Oceanic and Atmospheric Administration within the
Department of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis Threatened
Wherever fo u n d
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9045
Birds
NAME I#-Fft STATUS
Eastern Black Rail Laterallus jamaicensis ssp. Threatened
jamaicensis
Wherever fo u n d
No critical habitat has been designated for this species-
https://P-cos.fws.gov/ecp/species/1 0477
Piping Plover Charadrius melodus
There is final critical habitat for this species. Your
location does not overlap the critical habitat.
https://ecos.fws. _ ov�/ecp/species/6039
Red Knot Calidris canutus rufa
Wherever found
There is proposed critical habitat for this species.
https://ecos.fws.;_ ov�/ecp/species/1864
Threatened
Threatened
\O*"I

Red -cockaded Woodpecker Picoides borealis Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.;_ o�p/species/7614
Reptiles
NAME
STATUS
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.Zov/ecp/species/775 X4
Green Sea Turtle Chelonia mydas Threatenecr \0
There is final critical habitat for this species. Your
location does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/6199
\S
ICemp's Ridley Sea Turtle I epidochelys kempii Endangered
Wherever fo u n d - f it %
There is proposed critical habitat for this species.
https://ecos.fws..aoyYec pl5pecies/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
Wherever found
There is final critical habitat for this species. Your
location does not overlap the critical habitat.
https://ecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta Threatened
There is final critical habitat for this species. Your
location does not overlap the critical habitat.
https://ecos.fws. __ o�p/species/1110

Snails
NAME STATUS
Magnificent Ramshorn Planorbella magnifica Proposed Endangered
Wherever found
There is proposed critical habitat for this species. Your
location does not overlap the critical habitat.
https://ecos.fws. o�p/species/6216
Insects
NAME STATUS
Monarch Butterfly ❑anaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/speci es/9743
Flowering Plants
NAME STATUS
Cooley's Meadowrue Thalictrum cooleyt Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws..Rov/ecp//si2ecies/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws..Qoy/e c p/species/2747
Seabeach Amaranth Amaranthus pumilus Threatened
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/8549

Critical habitats
Potential effects to critical habitat(s) in this location must be analyzed along with
the endangered species themselves.
There are no critical habitats at this location.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act
1 and the Bald and Golden Eagle Protection Act2.
NO
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 1949.
Additional information can be found using the following links:
Birds of Conservation Concern https://www.fws.goy program/migrato_ry-
birds/species
• Measures for avoiding and minimizing impacts to birds
httos://vvww.fws.Rov/I i brarv/collections/avoid i nia-and-mi nimiziniz-incidental-take-
migratory-birds
• Nationwide conservation measures for birds
https://www.fws.gov/sites/default/files/documents/nationwide-standard-
conservation-measures.pdf
The birds listed below are birds of particular concern either because they occur
on the USFWS Birds of Conservation Concern (BCC) list or warrant special
attention in your project location. To learn more about the levels of concern for
birds on your list and how this list is generated, see the FAQ below. This is not a list
of every bird you may find in this location, nor a guarantee that every bird on this
list will be found in your project area. To see exact locations of where birders and
the general public have sighted birds in and around your project area, visit the

E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and
models detailing the relative occurrence and abundance of bird species on your list
are available. Links to additional information about Atlantic Coast birds, and other
important information about your migratory bird list, including how to properly
interpret and use your migratory bird report, can be found below.
For guidance on when to schedule activities or implement avoidance and
minimization measures to reduce impacts to migratory birds on your list, click on
the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these
birds are most likely to be present and breeding in your project area.
NAME
American Kestrel Falco sparverius paulus
This is a Bird of Conservation Concern (BCQ only in
particular Bird Conservation Regions (BCRs) in the
continental USA
https.,//ecos.fw5 ov/ecp/Specigs/9587
BREEDING SEASON
Breeds Apr 1 to Aug 31
0 0 N
American Oystercatcher Haematopus palliatus
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.go_vle cplspecigs/8935
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this
area, but warrants attention because of the Eagle Act or
for potential susceptibilities in offshore areas from
certain types of development or activities.
httos://ecos.fws.ggv/ecp/species/1626
Black Skimmer Rynchops niger
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/5234
Brown -headed Nuthatch Sitta pusilla
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions (BCRs) in the
continental USA
Breeds Apr 15 to Aug 31
Breeds Sep 1 to Jul 31
Breeds May 20 to Sep
15
Breeds Mar 1 to Jul 15

Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug
This is a Bird of Conservation Concern (BCC) throughout 25
its range in the continental USA and Alaska.
Eastern Whip -poor -will Antrostomus vociferus Breeds May 1 to Aug 20
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Gull -billed Tern Gelochelidon nilotica Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.gov/ecp/species/9501 fpfti�'
King Rail Rallus elegans Breeds May 1 to Sep 5
This is a Bird of Conservation Concern (BCC) throughout r
its range in the continental USA and Alaska.
https;Ilecos.fws.gov/ecp/species/8936
Lesser Yellowlegs Tringa flavipes Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws.govYe cp/soeci es19579
f-00
Marbled Godwit Li_
mosa fedoa Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout
,its range in the continental USA and Alaska.
http_5://ecos.fvvs.gov/ecp/specigs/9481
Painted Bunting Passerina ciris Breeds Apr 25 to Aug 15
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions (BCRs) in the
continental USA
Prairie Warbler Dendroica discolor Breeds May 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.

Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Purple Sandpiper Calidris maritima Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes Breeds May 10 to Sep
erythrocephalus 10
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in ON VO
particular Bird Conservation Regions (SCRs) in the
continental USA 3 NO#*
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in
particular Bird Conservation Regions (BCRs) in the
continental USA
Short -billed Dowitcher Umnodromus griseus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
.https://ecos.fws.gov/ecp/species/9480
Swallow-tailed Kite Elanoides forficatus Breeds Mar 10 to Jun 30
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
https://ecos.fws. o�p/species/8938
Willet Tringa semipalmata Breeds Apr 20 to Aug 5
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.

Wilson's Plover Charadrius wilsonia Breeds Apr 1 to Aug 20
This is a Bird of Conservation Concern (BCC) throughout
its range in the continental USA and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10 to Aug
This is a Bird of Conservation Concern (BCC) throughout 31
its range in the continental USA and Alaska.
Tell me more about conservation measures I can implement to avoid or minimize impacts to
migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding
in the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be
breeding in your project area, view the Probability of Presence Summary. Additional measures
or 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.
..r
-71- V%W&.0
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 generldted 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 ceII(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection
of survey, banding, and citizen science datasets.

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? 4
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 Eagie 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 MaQping 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 LorinZ.
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.
\*114 �
Coastal Barrier Resources System
Projects within the John H. Chafee Coastal Barrier Resources System (CBRS) may be
subject to the restrictions on federal expenditures and financial assistance and the
consultation requirements of the Coastal Barrier Resources Act (CBRA) (16 U.S.C.
3501 et seq.). For more information, please contact the local Ecological Services
Field Office or visit the CBRA Consultations website. The CBRA website provides
tools such as a flow chart to help determine whether consultation is required and a
template to facilitate the consultation process.

There are no known coastal barriers at this location.
Data limitations
The CBRS boundaries used in IPaC are representations of the controlling boundaries, which are
depicted on the official CBRS maps. The boundaries depicted in this layer are not to be
considered authoritative for in/out determinations close to a CBRS boundary (i.e., within the
"CBRS Buffer Zone" that appears as a hatched area on either side of the boundary). For projects
that are very close to a CBRS boundary but do not clearly intersect a unit, you may contact the
Service for an official determination by following the instructions here:
https://www.fws.gov/service/coastal-barrier-resources-system-property-documentation
Data exclusions
CBRS units extend seaward out to either the 20- or 30-foot bathymetric contour (depending on
the location of the unit). The true seaward extent of the units is not shown in the CBRS data,
therefore projects in the offshore areas of units (e.g., dredging, breakwaters, offshore wind
energy or oil and gas projects) may be subject to CBRA even if they do not intersect the CBRS
data. For additional information, please contact [e-mail].
Facilities .0
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system
must undergo a 'Compatibility Determination' conducted by the Refuge. Please
contact the individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
There are no fish hatcheries at this location.

Wetlands in the National Wetlands
Inventory (NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation
under Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army
Corps of Engineers District.
Wetland information is not available at this time
This can happen when the National Wetlands Inventory (NWI) map service is
unavailable, or for very large projects that intersect many wetland areas. Try again,
or visit the NWI man to view wetlands at this location. ;
Data limitations Oft
The Service's objective of mapping wetlands and deepwater habitats is to produce
reconnaissance level information on the location, type and size of these resources. The maps
are prepared from the analysis of high altitude imagery. Wetlands are identified based on
vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery;
thus, detailed on -the -ground inspection of any particular site may result in revision of the
wetland boundaries or classification established through image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of
the image analysts, the amount and quality of the collateral data and the amount of ground
truth verification work conducted. Metadata should be consulted to determine the date of the
source imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field
work. There may be occasional differences in polygon boundaries or classifications between the
information depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the
limitations of aerial imagery as the primary data source used to detect wetlands. These habitats
include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal
zones of estuaries and nearshore coastal waters. Some deepwater reef communities (coral or
tuberficid worm reefs) have also been excluded from the inventory. These habitats, because of
their depth, go undetected by aerial imagery.

Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and
describe wetlands in a different manner than that used in this inventory. There is no attempt, in
either the design or products of this inventory, to define the limits of proprietary jurisdiction of
any Federal, state, or local government or to establish the geographical scope of the regulatory
programs of government agencies. Persons intending to engage in activities involving
modifications within or adjacent to wetland areas should seek the advice of appropriate federal,
state, or local agencies concerning specified agency regulatory programs and proprietary
jurisdictions that may affect such activities.
1p1?14*_

5.0 SHPO COORDINATION

6 � STAT£
r� Qunr-n •nog%'•
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
October 26, 2022
Kim Williams
Davey Resource Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
kim.williamsgdave,
Re: Develop Bennett tract, 5308 Carolina Beach Road, Wilmington, New Hanover County, ER 22-2452
Dear Ms. Williams:
Thank you for your letter of October 4, 2022, concerning the above -referenced undertaking. We have
reviewed the submittal and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
,r Ramona Bartos, Deputy
�] State Historic Preservation Officer
Location: 109 East Jones Street Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6898