20230597 Ver 1_8161 Kearney Court PCN Attachments 4-19-23 Final_20230421

7LC��
8161 Kearney Court NE
Compass Point, Brunswick County
Pre -Construction Notification Attachments
Prepared for:
Jerry Collins & Mary Wollan-Collins
145 Dorchester Dr.
East Windsor, NJ 08520-1601
Prepared by:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
910.228.1841
Date:
19 April 2023

8161 Kearney Court NE PCN Attachments 4-19-23 "`�F C-1i
Table of Attachments
Number
Description
1
Vicinity Map
2
Parcel Information and Deed
3
Division of Water Resources Water Classification Map
4
8161 Kearney Court Site Plan and Wetland Impact Map
5
USFWS Official Species List & NLEB Consistency Letter
6
SLOPES Form
7
Brunswick County GIS Flood Map
r-8
NC State Historic Preservation Office HPOWEB 2.0 Map

8161 Kearney Court NE PCN Attachments 4-19-23 9r Cli
Attachment 1
Vicinity Map

8161 Kearney Court NE PCN Attachments 4-19-23 F C,i
Attachment 2
Parcel Aerial & Deed
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09 27 2018
Illill it l l llllll 111 l 11 11 illi lli III III g�i01 P0303m ors 56 P004
ROP
Brunswick County, NC Register of Deeds page 1 of 2
Brenda M. Clemmons Register of Deeds
09-27-2018 16:06:56.004 Brunswick County, NC
NC REVENUE STAMP: $300.00 (#601470)
If
Return to*$Financ
pe
Total Rev.
Ck $ k ash $
3efund Case
Portions of document are illegible due to condition
of original.
'2 Document contains seals verified by original
instrument that cannot be reproduced or copied.
WARRANTY DEED
Prepared by: MURCHISON, TAYLOR, & GIBSON, PLLC
16 North Fifth Avenue, Wilmington, NC 28401
WE PREPARED THE DEED IN THIS TRANSACTION BUT WE MADE NO EXAMINATION OF TITLE
AND WE EXPRESS NO OPINION ON TITLE TO THE PROPERTY.
STATE OF NORTH CAROLINA Revenue Stamps $ 300.00
COUNTY OF BRUNSWICK Parcel Number 021EB021
This instrument was prepared by Frances Y. Trask a licensed North Carolina attorney. Delinquent taxes, if any, are to be paid by the
closing attorney to the Brunswick County Tax olRle�etor uFldis�r�se� enit off losing proceeds. The closing attorney is
THIS WARRANTY fDEED IiCs made this pr+1`1 of �M 2018, by and
between CP Brunswick, LLC, a North Carolina limite(F liability company with a mailing
address of P.O. Box 699, Wilmington, NC 28402 (herein called "Grantor") and Jerry Lewis
Collins and spouse, Mary A. Wolan-Collins with a mailing address of 145 Dorchester Drive,
East Windsor, NJ 08520 (herein called "Grantees").
WITNESSETH:
NOW THEREFORE, the Grantor, for and in consideration of the sum of Ten
Dollars ($10.00) and other good and valuable considerations to it in hand paid by the Grantees,
the receipt whereof is hereby acknowledged, has bargained and sold, and by these presents does
hereby bargain, sell and convey unto Grantees, their heirs and assigns forever, in fee simple, all
that certain real property located in Brunswick County, North Carolina, described as follows:
BEING ALL of Lot 21 in Phase 15, Section 2 of Compass Pointe (also known
as "Westlake Village at Compass Pointe"), as shown on a map thereof recorded
in Map Cabinet 106, Pages 91-92 of the Brunswick County Registry, reference to
said map is hereby made for a more particular description.
SUBJECT TO (i) all easements, encumbrances, rights -of -way, restrictive
covenants, and other matters of record; (ii) ad valorem taxes for current and all subsequent years;
(iii) any liens for municipal or county betterments or the like; (iv) all governmental land use
193679.31

Illill11l l illlll111 11111 lllllii 11 1111 8410? PM. Cie0304 coons W 4
PROP
Brunswick County, NC Register of Deeds page 2 of 2
statutes, ordinances and regulations, including without limitation, zoning, building and
subdivision regulations; and (v) the Master Declaration of Covenants, Conditions and
Restrictions for Compass Pointe recorded in Book 2851, Page 1141 of the Brunswick County
Registry and any supplements and/or amendments thereto.
TO HAVE AND TO HOLD the above granted and described property, together
with all and singular, the rights, privileges, easements, tenements and appurtenances thereunto
belonging, or in anywise appertaining unto the said Grantees, their heirs and assigns, in fee
simple, forever.
And the Grantor, for itself, its successors and assigns, does covenant to and with
the said Grantees, their heirs and assigns, that it is seized in fee of the above granted and
described property; that it has good right to sell and convey the same in fee simple; that the same
is free and clear from any and all restrictions, easements or encumbrances except those set forth
above; and that it will and its successors and assigns shall warrant and defend the title to the
same against the lawful claims and demands of any and all persons whomsoever.
Pursuant to N.C.G.S. § 105-317.2, none of the property herein described
includes the primary residence of the Grantor.
IN TESTIMONY WHEREOF, the said Grantor has caused this instrument to
be executed the day and year first above written.
CP BRUNSWICK, LLC
a North Carolina limited lia ' ity company
By: !<<�
Name: Steven D. Saieed
Title: Vice President
STATE OF NORTH AROLINA
COUNTY OF Y L
( un where ackno Went taken)
�1 1, � %Z% a Notary Public for
�vt1 'IY�ty, North C ina, do hereby certify that Steven D. Saieed , the Vice President
of CP BRUNSWICK, LLC, a North Carolina limited liability company, personally appeared before me this
day and acknowledged the due execution of the foregoing instrument on behalf of the company.
WITNESS my hand and official stamp or seal, t ' clay o 018.
qN�A BROh„ 2./
5 y ° Not ublic
z NorY --- /
rs�t PUBLlG My Commission Expires:
4-9'to CQ .
19367931

8161 Kearney Court NE PCN Attachments 4-19-23 cjF C,i
Attachment 3
DWR Water Classification Map
Project Site
`", zoom to
Surface Water Classifications:
i
Stream Index:
Stream Name:
Description:
Classification:
Date of Class.:
i
What does this Class.
mean?
v
z
^ [3 X
Aiiioator Branch
From source to Hood Creek
C,Sw
March 31, 1959
View

8161 Kearney Court NE PCN Attachments 4-19-23 F C,i
Attachment 4
8161 Kearney Court NE Site Plan & Wetland Impact Map

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8161 Kearney Court NE PCN Attachments 4-19-23 F C,i
Attachment 5
USFWS Official Species List & NLEB Consistency Letter

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- United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: April 20, 2023
Project code: 2023-0072107
Project Name: 8161 Kearney Court NE
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Record of project representative's no effect determination for'8161 Kearney Court
NE'
Dear Dana Lutheran:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on April 20, 2023, for
'8161 Kearney Court NE' (here forward, Project). This project has been assigned Project Code
2023-0072107 and all future correspondence should clearly reference this number. Please
carefully review this letter.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
the IPaC must accurately represent the full scope and details of the Project. Failure to accurately
represent or implement the Project as detailed in IPaC or the Northern Long-eared Bat
Rangewide Determination Key (Dkey), invalidates this letter.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis, your project has reached the
determination of "No Effect" on the northern long-eared bat. To make a no effect determination,
the full scope of the proposed project implementation (action) should not have any effects (either
positive or negative), to a federally listed species or designated critical habitat. Effects of the
action are all consequences to listed species or critical habitat that are caused by the proposed
action, including the consequences of other activities that are caused by the proposed action. A
consequence is caused by the proposed action if it would not occur but for the proposed action
and it is reasonably certain to occur. Effects of the action may occur later in time and may

04/20/2023 1 PaC Record Locator: 154-125392920
include consequences occurring outside the immediate area involved in the action. (See §
402.17).
Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no
consultation with the Service is required (ESA §7). If a proposed Federal action may affect a
listed species or designated critical habitat, formal consultation is required except when the
Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species
or designated critical habitat [50 CFR §402.02, 50 CFR§402.13].
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
■ Cooley's Meadowrue Thalictrum cooleyi Endangered
■ Green Sea Turtle Chelonia mydas Threatened
■ Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
■ Leatherback Sea Turtle Dermochelys coriacea Endangered
■ Loggerhead Sea Turtle Caretta caretta Threatened
■ Magnificent Ramshorn Planorbella magnifica Proposed Endangered
■ Monarch Butterfly Danaus plexippus Candidate
■ Piping Plover Charadrius melodus Threatened
■ Red Knot Calidris canutus ru fa Threatened
■ Red -cockaded Woodpecker Picoides borealis Endangered
■ Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
■ Tricolored Bat Perimyotis subflavus Proposed Endangered
You may coordinate with our Office to determine whether the Action may affect the animal
species listed above and, if so, how they may be affected.
Next Steps
Based upon your IPaC submission, your project has reached the determination of "No Effect" on
the northern long-eared bat. If there are no updates on listed species, no further consultation/
coordination for this project is required with respect to the northern long-eared bat. However, the
Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place to ensure compliance with the Act.

04/20/2023 1 PaC Record Locator: 154-125392920
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2023-0072107 associated
with this Project.

04/20/2023 1 PaC Record Locator: 154-125392920 4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
8161 Kearney Court NE
2. Description
The following description was provided for the project'8161 Kearney Court NE':
This project is located within an existing subdivision, near Leland, in Brunswick
County, NC. The site was cleared of trees over the last year, and currently the
house is under construction.
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.27896045,-78.10788645059317,14z
0

04/20/2023 1 PaC Record Locator: 154-125392920
DETERMINATION KEY RESULT
Based on the information you provided, you have determined that the Proposed Action will have
no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no
consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the
Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required
for those species.
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Your project overlaps with an area where northern long-eared bats may be present year-
round. Time -of -year restrictions may not be appropriate for your project due to bats being
active all year.
Do you understand that your project may impact bats at any time during the year and time -
of -year restrictions may not apply to your project?
Yes
3. Do you have post -white nose syndrome occurrence data that indicates that northern long-
eared bats (NLEB) are likely to be present in the action area?
Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this
question, we are looking for data that, for some reason, may have not yet been made
available to U.S. Fish and Wildlife Service.
No
4. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes

04/20/2023 1 PaC Record Locator: 154-125392920
6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
7. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
Yes
9. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-kM-
selected -definitions
Yes

04/20/2023 1 PaC Record Locator: 154-125392920
PROJECT QUESTIONNAIRE
Will all project activities by completed by April 1, 2024?
Yes

04/20/2023 1 PaC Record Locator: 154-125392920 8
IPAC USER CONTACT INFORMATION
Agency:
Southern Environmental Group, Inc. (SEGi)
Name:
Dana Lutheran
Address:
5315 South College Road
Address Line 2:
Suite E
City:
Wilmington
State:
NC
Zip:
28412
Email
[e-mail]
Phone:
9102281841
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Gary Beecher
Email: [e-mail]
Phone: [phone]

8161 Kearney Court NE PCN Attachments 4-19-23 F C,i
Attachment 6
SLOPES Form

RCW SLOPES Manual — North Carolina
March 2022
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11

RCW SLOPES Manual — North Carolina
March 2022
Appendix B — Red -cockaded Woodpecker Effects Determination Key
lJOURVANINGS
USFWS Reference No. (if applicable):
Date 4/19/23
US A Army Corps
of Engineers
1) Is the action areal located within the RCW consultation area (see Appendix A and project -specific
results from a project -specific IPaC or internal USACE GIS review)?
a) Yes...................................................................................................................................................... o to 2
b) No........................................................................................................................................... ......No effect
2) Is the action areal located in the northeastern coastal plain (see Appendix A)?
a) Yes.......................................................................................................................................................go to 3
b) No (the project is located in piedmont, sandhills, or southeastern coastal plain)..................go to 4
3) Is the action areal located in a forested area with pine trees present in northeast North Carolina (e.g.,
high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe
evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes,
are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table
1 for a description of the minimum dbh of 30-year-old pines associated with each community type).
If the answer to both of these questions is yes, choose Yes below. If the answer to one or both
questions is no, then choose No below.
a) Yes.......................................................................................................................................................go to 8
b) No...................................................................................................................................................No effectZ
4) Is the action areal located within suitable RCW foraging or nesting habitat (pine or pine/hardwood
stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30
years of age or older or >_8-inches dbh')?
a) Yes.......................................................................................................................................................go to 5
b) No...................................................................................................................................................No effectZ
5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh; or will any
activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a
cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office.
a) Yes (to one or both).........................................................................................................................go to 6
b) No.........................................................................................................................................................NLAA'
12

RCW SLOPES Manual — North Carolina
March 2022
6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or
pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including
but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes........................................................................................................................................................go to 9
b) No.........................................................................................................................................................go to 7
7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be
impacted by any activity in the action areal?
a) Yes......................................................................................................................................................go to 9
b) No.........................................................................................................................................................NLAA'
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal.
Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in
the action areal, or is the action areal within 200 feet of a cavity tree? If the answer to either of these
questions is yes, choose Yes below. If unable to determine the location of a cavity tree with
confidence, then contact the USFWS Raleigh Field Office.
a) Yes......................................................................................................................................................go to 9
b) No.........................................................................................................................................................NLAA'
9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey
is necessary (for a list of USACE representatives please see the contact list at http://saw-
reg.usace.army.mil/FO/PM List.pdf). Note that project -specific information, such as a delineation of
waters of the U.S., project plans, and details concerning certain activities on disturbances that would
occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may
be needed for the USACE to determine the action area(s)l of the project. If a survey is required and
agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action areal should
be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is
unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such
surveys are conducted by running line transects through stands and visually inspecting all medium-
sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all
trees are inspected and are run north -south.
Was a survey performed?
a) Yes, a survey was performed, and RCW cavity trees were observed.......................................go to 10
b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the
results (no RCW cavity trees were observed)................................................................................NLAA'
c) No, the USACE determined that a survey was not required and the USFWS
concurred.............................................................................................................................................NLAA'
d) No, a survey was not performed..........................................................................Consultation required'
10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest
management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or
damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then
consultation is required.
a) Yes............................................................................................................................Consultation required'
b) No......................................................................................................................................................go to 11
13

RCW SLOPES Manual — North Carolina
March 2022
11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat
would remain for each RCW group post -project? For information on how to conduct an FHA', refer to
the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.'
a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred
that adequate amounts of foraging habitat would remain post -project ................................. NLAA3
b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined
inadequate amounts of foraging habitat would remain post -project......... Consultation required'
c) No, an FHA' has not been conducted...............................................................Consultation required'
'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved
in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action.
For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.mil/FO/PMList.pdf.
2No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if
applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the
project as described.
3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if
applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh
and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits,
submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations.
4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey
protocol (https://www.fws.goy/rcwrecovery/files/RecoveryPlan/survey protocol.pdf)
-'Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the
contact list at http://saw-reg.usace.army.mil/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville
Ecological Services field offices is necessary to discern if the activity would result in a "no effect," "not likely to adversely affect,"
or "likely to adversely affect" determination.
6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecovery/matrix.html) and for
determining foraging habitat availability (https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf).
'Follow link for additional information regarding determination for adequate amount of foraging habitat
(https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf).
a FHA — When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence.
Additional Information The project site has already been cleared of trees.
Thus, habitat does not exist within the project site.
14

8161 Kearney Court NE PCN Attachments 4-19-23 cjF C,i
Attachment 7
Brunswick County GIS Flood Map

8161 Kearney Court NE PCN Attachments 4-19-23 "`�F C,i
Attachment 8
NC State Historic Preservation Office HPOWEB 2.0 Map
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