20230464 Ver 1_PCN Package_20230328

DAVEY#-.
Resource Group
March 28, 2023
TO: US Army Corps of Engineers NC Division of Water Resources
Wilmington Field Office Wilmington Regional Office
RE: HWY 17 Gordon Investments, Pender County
NWP 18 Application
To Whom It May Concern:
On behalf of Gordon Investments Inc., Davey Resource Group, Inc. (DRG) is pleased to submit a Pre -
Construction Notification form and associated attachments for the HWY 17 Gordon Investments,
located off Highway 17 in Hampstead, NC. The purpose of the project is to construct a commercial
retail center with a parking lot.
Permanent impacts to 0.097 acres of wetlands are needed for the parking lot and stormwater pond.
The development will include 1.06 acres of impervious surfaces, with one retail building and an
additional warehouse.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
? AA7
John Perry
Environmental Scientist
Encl.
Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

HWY 17 Gordon Investments
Pender County, NC
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 PROPERTY ACCESS FORM
3.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. LiDAR Map
Figure 4. Soils Map
Figure S. 1998 Infrared Imagery
Figure 6. Current Aerial
4.0 SITE PLAN DRAWINGS
Sheet 1. Proposed Impact Areas
5.0 WETLANDS INFORMATION
PJD SAW-2008-01742
6.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List

1.0 AGENT AUTHORIZATION FORM

DAVEY1,
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Gordon Investments project located in Hampstead, NC (Pender County). All questions
regarding this project should be directed to Davey Resource Group.
Sincerely,
Applicant
Mg*11(5 ' wl'o4ocev
Vivrfil"KAlf't a c
Print Name
r2/9 /2'L
Date
Phone: [phone] Fax: [phone]
3805 Wrightsville Avenue, Suite 15 9 Wilmington, NC 28403

2.0 Property Access Form

DocuSign Envelope ID: 4842A9FD-E844-4E73-918A-DF782AF1 BEEB
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION' 4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
SOHAI ,Row LANJ
Print Name
Capacity: Z Owner ❑ Authorized Agent'
It /1 ZiZz
DateL
Doc
uSigned by:
x wt cowl twJ
6C4C�&'3N'F42'F..
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a projector perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

3.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. LiDAR Map
Figure 4. Soils Map
Figure S. 1998 Infrared Imagery
Figure 6. Current Aerial

L:\WETLANDS\2022 WETLANDS FILES\DRGNCW22.627
Boundaries are approximate and not meant to be absolute.
Map Source: Open Street Map
HWY 17 Gordon Investments
Pender County, NC DAVEY
#40.
Resource Group
Map Date: December 2022 3805 Wrightsville Avenue
DRGNCW22.627 Wilmington, NC28403
[phone]
N
0 1,000 2,000 4,000
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Figure 1
Vicinity Map

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Boundaries are approximate and not meant to be absolute.
Map Source: USGS Topographic 7.5 Minutes -Topsail
HWY 17 Gordon Investments AbLi
Pender County, NC DAVEY
Resource Group
Map Date: December 2022 3805 Wrightsville Avenue
DRGNCW22.627 Wilmington, NC28403
[phone]
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Figure 2
Topographic Map

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Boundaries are approximate and not meant to be absolute.
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Map Source: NC Floodplain Mapping Prg. 2014 QL2 LiDAR Data
HWY 17 Gordon Investments
Pender County, NC DAVEY . Figure 3
Resource Group
Map Date- December 2022 3805 Wrightsville Avenue UDAR
DRGNCW22.627 Wilmington, 28403
(910)452-0-0001

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0 50 100 200
Boundaries are approximate and not meant to be absolute.
ft
Map Source: GIs Soils Data Pender County
HWY 17 Gordon Investments
Pender County, NC DAVEY o Figure 4
Resource Group
Map Date: December 2022 3805 Wrightsville Avenue Soils Map
DRGNCW22.627 Wilmington, NC 28403
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4.0 SITE PLAN DRAWINGS
Sheet 1. Proposed Impact Areas

VICINITY MAP
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N/F JOHN ROWLAND
PIN: 3293-54-
2403-0000
DB 2275/222
ZONE: RP
\ \ \
\ \ \ C
\ \ \ C
c
\ 10' REAR
\ 1 / SETBACK AND
\ I LANDSCAPE BUFFER
I\ TYPE "C"
\ EXIST. OFFSITE SEPTIC / I / EXIST ADJ.
I EASEMENT AND PARCEL LINE
LOCATION OF ON SITE
I I SEPTIC FIELD FOR
SEWER
I \ 1 \
_011E
E— \ NEW PROPERTY \�
"`--666PfifiEBOUNDARY \\
O/y
IEXIST. FENCE / / j
EXIST. SEF
\ / / EASEMEI
/ / I
\ \ / N/F JOHN ROWLAND \ NE
_ EXIST. CONC. / / PIN: 3293-54-0393-0000 \ \ POLE
J ( DB 4623/2866
ZONE:RP/ \ \
1 \
SITE INFORMATION
OWNER/DEVELOPER:
GORDON INVESTMENTS LLC
P.O. BOX 56
HAMPSTEAD, NC 28443
ADDRESS:
US HIGHWAY 17
HAMPSTEAD, NC 28443
PIN:
3293-54-2291-0000
JURISDICTION:
PENDER COUNTY
CITY:
HAMPSTEAD
COUNTY:
PENDER
STATE:
NORTH CAROLINA
RIVER BASIN:
WHITE OAK RIVER BASIN
FEMA MAP #:
3720329300J - ZONE "X",
EFFECTIVE FEBRUARY 16, 2007
DEED BOOK/PAGE:
5742/616
TOTAL PROJECT AREA:
2.27 AC - 98,806 SF
EXISTING USE:
VACANT
EXISTING ZONING:
PIN: 3293-54-2291-0000 - GB GENERAL BUSINESS
PIN: 3293-54-2403-0000 - RP - RESIDENTIAL PERFORMANCE
PIN: 3293-54-0393-0000 - RP - RESIDENTIAL PERFORMANCE
PROPOSED ZONING:
PIN: 3293-54-2291-0000 - GB GENERAL BUSINESS
PIN: 3293-54-2403-0000 - GB GENERAL BUSINESS
PIN: 3293-54-0393-0000 - GB GENERAL BUSINESS
ADJACENT ZONING: GB - GENERAL BUSINESS
RP - RESIDENTIAL PERFORMANCE
r-
N/F MELVIN LONDON / I
PIN: 3293-54-3524-0000
DB 2591/205 ZONE: RP
I / EXIST. ASPHALT
/ ( J PAVEMENT MODIFIED -
DRIPLINE (TYP)
G /
S 36°51'21" E 54.34' � _
N 37°41'41" W 23.83'
F4
\J N 36°42'S4 10' SIDE �� 1 I W 249.95'� -
SETBACK AND _ PROPOSED LIGHT POLE I \
LANDSCAPE BUFFER l �_ II 111 LOCATION (TYP) ` t
NEW
N/F WELLS COMMERCIAL
PROPERTIES OF HAMPSTEAD
PIN: 3293-54-5303-0000
DB 3073/289
ZONE: GB
PROPOSED
—S= CONDUIT FOR
FUTURE USE
Know what's below.
Call before you dig.
EXIST. ASPHALT I
DRIVEWAY I I
I
I l
NCDOT SIGHT DISTANCE
SEE DETAIL SHEET C-2
EXIST. POLES
10' SIDE
AND OVERHEAD
UTILITY LINES
TO BE REMOVED
SETBACK AND
LANDSCAPE BUFFER
TYPE "B"
I
PROPOSED MONUMENT SIGN
ALL SIGNS ARE PERMITTED
BY SEPARATE REVIEW. I I
TIE NEW 24" CURB &
GUTTER INTO EXIST.
24" C&G.
TRANSFORMER PAD 36°49 96.38—
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1 / ,� C��•� NEW UNDERGROUND
\ ARMY CORP -'- I ELEC. SERVICE
PJD WETLAND
2,039 SF / 0.05 AC I
.
�. PROPOSED PORTION
DUMPSTER IMPACTED 453 SF
N
ARMY
/PJD WETLAND
/////1,474SF/0.03AC
)SPACES
( ////// /PORTION
iIMPACTED 1,474SF
r r ic. I
PROPOSED
CONDUIT FOR
FUTURE USE
ARROWS(TYP)
EX.
CM
P
WHEEL STOP
(TYP)
PORTIONOF'ii/i
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ROWLAND
w
PARCEL
/ / PROPOSED
PIN:3293-54- , , ///////////
24030000 / / ////////""r��v� BUILDING
// //////////// o� /// 66'x114'
0.17AC///,�
////// ////v)/
ZONE: RP / /m/ \ 7,524SF \ ///.w/ /////////////////LU
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///////////////////a�;i/i OFFICES /�
�c� ///,U / / ///%/// //A)
Q 24.0' /� I
PROPOSED BUILDING 240',iiiINDOORREC.=6,422SF �°
HEIGHT=27-9"
84'x95'
II
7,980SF //// ` OSED
/////
I 16.0OFFICE / WAREHOUSE PROPI
/////�//Jr/// SCM
2,870 SF OFFICE
5,110SFWAREHOUSE
HEIGHT=31' i'i/////////// //////////// 1,944SF
EXIST////////////////i
P RCEL U
I /// QL///////////// ////
LINES OBE Q/ -PROPOSED
////a///i WATER WELL
REM�VED ///////////// N
ii°�/// GORDON \ ' ///// // //LOCATION
INVESTMENTS LLC
3293-54-2291-0000 /
DB2831/280
87,187SF
2.00 AC
ZONE GB
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PROPOSED ii'iii' 6,974SF I I
ROWLAND PARCEL/////////////�//////////////////.
0.16 AC
PIN: 3293-54-0393-0000 " " " "� /
�/�Lr/""""' SEWER PUMP // //// (PORTION IMPACTED
0.10AC
„ ,//// , ,,/ LOCATION ,,, 2,373SF I
ZONE: RP///////�
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E \ / EXISTING OVERHEAD
LINES AND POLES TO BE g I
S 31 °04'31yE. �•�,� / REMOVED/RELOCATED \
„ E 124.53' �'�•� �- � �
\ / / 10' SIDE
/ SETBACKAND /
\ LANDSCAPE BUFFER I OHE
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LANDSCAPE
TYPE'�BUFFER S31°04'31"E 21
\ \ NEW 495 UTILITY LINE 0
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NEW UTILITY I I I
SITE INFORMATION _ 1 I POLE LOCATION ___I /
IMPERVIOUS: 1.06 AC - 46,086 SF / o I I
N/F ROBERT NIXON
46 086 (IMP) / 98 806 (PROJ AREA)
= 47% IMPERVIOUS
SCM SIZING:
46,086 (IMP.) x 3.65 (NCDEQ 50% IMP.)
= 168,214 / 100 = 1,682 SF SCM + 15% = 1,934 SF
WETLAND IMPACT:
4,324 SF (0.099 AC)
SETBACKS:
REQUIRED
FRONT SETBACK:
25'
SIDE SETBACK:
10,
REAR SETBACK:
10,
LANDSCAPE:
REQUIRED YARDS
STREET:
15'
SIDE:
10,
REAR:
10,
BUILDING HEIGHT:
MAX. 40'
MIN. BLDG. SEPARATION: MIN. 20'
PARKING REQUIRED:
INDOOR REC. - 1 PER 350 SF @ 6,422 SF = 26 SPACES
OFFICES - 1 PER 300 SF @ 3,090 SF = 11 SPACES
WAREHOUSE - 1 PER 5000 SF @ 5,110 SF = 2 SPACE
REQUIRED SPACES = 39 SPACES
PROVIDED = 44 SPACES
SOILS:
KUB - KUREB FINE SAND - 2 TO 6 PERCENT SLOPES - HSG: A
LNA - LEON FINE SAND - 0 TO 2 PERCENT SLOPES- HSG: A/D
18' MIN.
MAX. 2%ANY DIRECTION
(INCLUDING DIAGONAL)
WHEEL STOP ----i
FOC
EOP
STANDARD ACCESSIBLE
PARKING UNLOADING
SPACE ZONE
VAN
8.5' & 9.0' 9'1 8.5' 1 9'
AS NOTED
ON PLAN 25.5'
90' SPACE ADA ACCESSIBLE
PARKING SPACES - TYPICAL
NOTE: PARKING STRIPES ARE TO BE NCDOT
STD 4" WIDE WHITE STRIPES.
FOC
EOP
PI114. 3293-54-2047-0000
DB 1665/158
ZONE: GB
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EXISTING CONTOUR
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TREE DRIP LINE
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EXISTING STORM PIPE
-
PROPOSED STORM PIPE
SF SF
SILT FENCE
LWETLAND
IMPACTED WETLAND
PROPOSED ASPHALT PAVEMENT
PROPOSED CONCRETE
ROCK CHECK DAM
■
OUTLET STRUCTURE
FLARED END SECTION
a:=
LIGHT FIXTURE
0
UTILITY POLE
PROPOSED
DRIVEWAY ACCESS
EXIST. INLET TO BE
RELOCATED TO
EX. 3NEW FACE OF CURB
0" CMP, /
I EXIST. INLET TO
BE ABANDONED
/ TIE NEW 24" CURB &
GUTTER INTO EXIST.
24" C&G.
1 � �
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WIDTH VARIES I CURB & GUTTER
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DB 215/281
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5.0 WETLANDS INFORMATION
PJ D SAW-2008-01742

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2008-01742 County: Pender U.S.G.S. Quad: NC- Topsail
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Gordon Investments, LLC
Mike Nadeau
Address: PO Box 56
Hampstead, NC 28443
Telephone Number: 910.620.1237
E-mail: mike(&creativecommercial.biz
Size (acres) 2 Nearest Town Hampstead
Nearest Waterway Old Topsail Creek River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.3863
Longitude:-77.6896
Location description: The property is located on the north side of Highway 17, south of St. Johns Church Road and northeast
of William Store Road in Hampstead, Pender County. North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 2/28/2020. 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
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2008-01742
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in in Wilmington, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Emily Greer at 910.251.4567 or
emilv.c.ereer(i� usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 08/11/2020.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The del ineation/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)
This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by 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.**
GREER.EMILY.C.1385325300 Digitally
202 osaz 00 2:0604'00'C.1385325300
Corps Regulatory Official:
Date of JD: 08/11/2020 Expiration Date of JD: Not applicable

SAW-2008-01742
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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/f?p=l 3 6:4:0
Copy furnished:
Agent: Needham Environmental
Tom Gullet/
E-mail: tzulley(i ,Email.com

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Gordon Investments LLC, Mike Nadeau I File Number: SAW-2008-01742 Date: 08/11/2020
Attached is:
See Section below
❑
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑
APPROVED JURISDICTIONAL DETERMINATION
D
®
PRELIMINARY JURISDICTIONAL DETERMINATION
E
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.mil/Missions/CivilWorks/ReaulatoryProna-amandPennits 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 11 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 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION.
if you have questions regarding this decision and/or the
1f you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
Mr. Phillip Shannin, Administrative Appeal Review Officer
Attn: Emily Greer
CESAD-PDO
Wilmington Regulatory Office
U.S. Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers
60 Forsyth Street, Room 1OM15
69 Darlington Avenue
Atlanta, Georgia 30303-8801
Wilmington, North Carolina 28403
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportuni to participate in all site investi 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: Emily Greer, 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. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 08/11/2020
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Gordon Investments, LLC, Mike Nadeau,
PO Box 56, Hampstead, NC 28443
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Mike Nadeau -Hwy 17-
Hampstead, SAW-2008-01742
D. PROJECT LOCATION AND BACKGROUND INFORMATION: The property is located on the north side
of Highway 17, south of St. Johns Church Road, and northeast of William Store Road in Hampstead, Pender
County, North Carolina.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Pender City: Hampstead
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.3863 Longitude:-77.6896
Universal Transverse Mercator:
Name of nearest waterbody: Old Topsail Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑Office (Desk) Determination. Date:
® Field Determination. Date(s): July 22, 2020
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
Wetland 1
34.3862
-77.6899
0.16-ac
Wetland
404
Wetland 2
34.3867
-77.6897
0.05-ac
Wetland
404
Wetland 3
34.3863
-77.6893
0.03-ac
Wetland
404
Tributary 1
34.3867
-77.6897
115 If
Non -wetland
404
1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the
review area, and the requestor of this PJD is hereby advised of his or her option to request
and obtain an approved JD (AJD) for that review area based on an informed decision after
having discussed the various types of JDs and their characteristics and circumstances when
they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide
General Permit (NWP) or other general permit verification requiring "pre- construction
notification" (PCN), or requests verification for a non -reporting NWP or other general
permit, and the permit applicant has not requested an AJD for the activity, the permit
applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit

authorization based on a PJD, which does not make an official determination of
jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being
required or different special conditions; (3) the applicant has the right to request an
individual permit rather than accepting the terms and conditions of the NWP or other
general permit authorization; (4) the applicant can accept a permit authorization and
thereby agree to comply with all the terms and conditions of that permit, including
whatever mitigation requirements the Corps has determined to be necessary; (5)
undertaking any activity in reliance upon the subject permit authorization without
requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6)
accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking
any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources in the review area affected in any way by
that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction
in any administrative or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or
a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered
individual permit (and all terms and conditions contained therein), or individual permit
denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an
administrative appeal, it becomes appropriate to make an official determination whether
geographic jurisdiction exists over aquatic resources in the review area, or to provide an
official delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that
there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S.
on the subject review area, and identifies all aquatic features in the review area that could
be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
M Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Wetlands Delineation Sketch dated February 2020
M Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
M Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
El Data sheets prepared by the Corps:
❑Corps navigable waters' study:
MU.S. Geological Survey Hydrologic Atlas:
MUSGS NHD data:
❑USGS 8 and 12 digit HUC maps:
M U.S. Geological Survey map(s). Cite scale & quad name: 1:24k, Topsail, NC
MNatural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey
®National wetlands inventory map(s). Cite name: USFW Online Wetlands Mapper
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
M Photographs: M Aerial (Name & Date): SAW Regulatory GIS Viewer
or ❑ Other (Name & Date):
El Previous determination(s). File no. /and date of response letter: SAW-2008-01742 dated 08/01/2008
❑Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
GREER.EMILY. GREIERIy signed by
EMIILY.C.1385325300
0400 02°.08.,2°0:23:,2
C.1385325300
Signature and date of Regulatory
staff member completing PJD
08/11/2020
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established
time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

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Jurisdictional wetland areas from previous JD in 2008, that have been resurveyed.
W#/U# Data Point Location
Gordon Investments LLC Needham Environmental, Inc.
Environmental Consultants
PIN: 3293-54-2291-0000 Wilmington, NC Wetland Delineation Sketch
Hampstead, NC February 2020
03-17-092/COE Package.cdr

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

Roy Cooper, Governor
0■0■0 INC DEPARTMENT OF
■■0■o NATURAL AND CULTURAL RESOURCES
■ ■■■
December 15, 2022
John Perry
Davey Resource Group, Inc.
3805 Wrightsville Avenue
Wilmington, NC 28403
RE. HWY 17 Gordon Investments, DRGNCW22.627
Dear John Perry.
D_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-20296
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
DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 918.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
HWY 17 Gordon Investments
Project No. DRGNCW22.627
December 15, 2022
NCNHDE-20296
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID cientific Name
Common Name
Element
Accuracy
Federal State
Global
State
Group
Observation
Occurrence
Status Status
Rank
Rank
Date
Rank
IIM J&
Bird
19936 Passerina ciris
Painted Bunting 2017-08-01
AB
3-Medium
--- Special
G5
S2B
Concern
Dragonfly or
33765 Somatochlora
Coppery Emerald 2004-Pre
H?
5-Very
--- Significantly
G3G4
S1?
Damselfly
georgiana
Low
Rare
No Natural Areas are Documented Within a One -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Nam Owner Owner Type
NC Department of Transportation Conservation Site NC Department of Transportation State
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on December 15, 2022; source: NCNHP, Q3, October 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 2 of 3

NCNHDE-20296: HWY 17 Gordon Investments
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contributors, and the GIS User in,
Page 3 of 3

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: 2023-0025839
Project Name: Hwy 17 Gordon Investments
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
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

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
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
Project Summary
Project Code: 2023-0025839
Project Name: Hwy 17 Gordon Investments
Project Type: Commercial Development
Project Description: Request species list
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)34.386240400000005,-77.68966857602877,14z
r
U
Counties: Pender County, North Carolina

12/15/2022 3
Endangered Species Act Species
There is a total of 14 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
Birds
NAME
STATUS
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus ru fa
Threatened
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614

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

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Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliates Breeds Apr 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
https:Hecos.fws.gov/ecp/species/8935

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KA
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Black Skimmer Rynchops niger Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15
and Alaska.
https:Hecos.fws.gov/ecp/species/523
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
Gull -billed Tern Gelochelidon nilotica Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9501
Lesser Yellowlegs Tringa flavipes Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9679
Marbled Godwit Limosa fedoa Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9481
Painted Bunting Passerina ciris Breeds Apr 25
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15
(BCRs) in the continental USA
Prairie Warbler Dendroica discolor Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10
and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA

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3
BREEDING
NAME SEASON
Short -billed Dowitcher Limnodromus griseus Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9480
Willet Tringa semipalmata Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5
and Alaska.
Wilson's Plover Charadrius wilsonia Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
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:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.

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3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
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
9= ==== r
American Kestrel +++++++ +++
BCC -BCR + kiii iiii iiii iiii iij+ ++++ +0++American
++++ ++++
Oystercatcher I I I I I +1+0 +111 dII I1++ 1111111111+110+4 1 1 1 1 1 1 1 1
BCC Rangewide
(CON)
Bald Ea
Non BCce 1 1 1 1 1 1 1 1 1 1 1 HIT III 1- ++++ ++++ ++++ +­1 11 III 1 1 1 1 1 1 1 1 1
Vulnerable
Black Skimmer BCC Rangewide ++++ 1++1 +++0 +111 HE 1110111111111111 ION+ ++1+ ++0+
(CON)
Brown -headed Nuthatch 111111111111111111117 Fi i111111111111111111 mill
BCC -BCR
Chimney Swift ,}
BCC Rangewide,1+'
(CON) �h b6—.
Gull -billed Tern ++++ ++++ ++++ +++1 - I I I 1 1 1 1 1 ++++ ++++ ++++ ++++ ++++ ++++

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BCC Rangewide
(CON)
Lesser Yellowlegs ++++
BCC Rangewide ++++ ++++ ++++ ++++ ++++ *+++ ++++ *+++ ++++ ++++ ++++ (CON)
Marbled Godwit
CC Rangewide
(CON) Painted Bunting ++++ ++++ ++++ +++2 =tl+ +1+3 111,;i11+ ++++ ++++ ++++ ++++
BCC -BCR
Prairie Warbler ��
BCC Rangewide ++++ ++++ +++, +�++ I 7T++ :: ++++
(CON) OMEN
Prothonotary Warbler ++++ ++++ +++, IL1�, + I III iii; +++, +111 ow ++++ ++++ ++++
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed
Woodpecker
BCC Rangewide
(CON)
Ruddy Tumstone 0+++ ++++ ++0+ *0 $1111■++ s+++ 1111 ,1+, 001+ +11+ ++++
BCC -BCR
Short -billed Dowitcher +111011+ +■++ AN 1INO 1101110+ ++F+ +0++
BCC Rangewide
(CON)
C BC Rangewide I++11O1� ++1N 111111111111 Jill Jill Jill 11++ I � � � � � I i
BCC
(CON)
son's Plover
BC1C Rangewide ++++ ++++ ++++ li I I==11 I F 1+„ 0111 +0+0 +0++ ++++ ++++
(CON) III- ---- —
Wood Thrush BCC Rangewide
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf

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Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding.
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL)Tool.
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

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within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
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

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E3
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.

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IPaC User Contact Information
Agency:
Davey Resource Group
Name:
John Perry
Address:
3805 Wrightsville Ave #15
City:
Wilmington
State:
NC
Zip:
28403
Email
[e-mail]
Phone:
9107872352