20230649 Ver 1_Fairway Acres_Attachments_20230502

DAVEY#- .
Resource Group
May 2, 2023
TO: US Army Corps of Engineers NC Division of Water Resources
69 Darlington Avenue 127 Cardinal Drive Extension
Wilmington, NC 28403 Wilmington, NC 28405
RE: Fairway Acres; Hwy 179; Ocean Isle Beach; Brunswick County, NC
NWP 29 Application
Action ID#SAW-2022-01446
To Whom It May Concern:
On behalf of Duck Pond Ventures LLC, Davey Resource Group, Inc. is submitting a Pre-Construction
Notification form and associated attachments for Fairway Acres, a residential subdivision located off
Hwy 179 in Ocean Isle Beach, NC. The purpose of the project is to construct a single-family residential
development within the site.
The project proposes to permanently impact 0.07 acre of a jurisdictional ditch for site access, lot
grading, and to ensure positive flow back into the existing ditch.Additionally, 0.01 acre of temporary
impacts to a jurisdictional ditch are also needed to install stormwater pipes/riprap. Since impacts are
less than 0.1 acre and are to a jurisdictional ditch, no mitigation is proposed.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Cc: Mr. Dan Koeller, Duck Pond Ventures, LLC
Phone:[phone]• Fax:[phone]
3805 Wrightsville Ave.,Suite 15,Wilmington,NC 28403

FAIRWAY ACRES
Ocean Isle Beach, NC
Brunswick County
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
3.0 SITE PLAN DRAWINGS
Sheet CWI-1.0. Cover Sheet
Sheet CWI-1.1. Existing Conditions
Sheet CWI-1.2. Overall Environmental Impact
Sheet CWI-1.3. Jurisdictional Ditch Impact Plan & Profile
Sheet CWI-1.4. Notes and Details
4.0 WETLAND DELINEATION CONCURRENCE FROM USACE
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC Species List
USFWS NLAA Consistency Letter for NLEB

1.0 AGENT AUTHORIZATION FORM

DAVEY#- .
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group, Inc. to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for Fairway Acres located in Brunswick County, NC. All questions regarding this project should
be directed to Davey Resource Group.
Sincerely,
Applicant
Dan Koeller- Manager
Print Name
May 1st, 2023
Date
Phone:[phone] • Fax:[phone]
3805 Wrightsville Avenue,Suite 15 •Wilmington, NC 28403

2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph

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L:\WETLANDS\2021 WETLANDS FILES\LMG21.401 --- NC 179 N
Hewitt Tract, Duck Pond Venture\MAPS 0 1,000 2,000 4,000
Boundaries are approximate and not meant to be absolute. Feet
Map Source: GIS Open Street Map
Fairway Acres
Brunswick County, NC DAVE"IfIt. Figure 1
Resource Group Vicinity Map
June 2022 3805 Wrightsville Avenue
LMG21.401 Wilmington, NC 28403
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L:\WETLANDS\2021 WETLANDS FILES\LMG21.401 --- NC 179 N
Hewitt Tract, Duck Pond Venture\MAPS 0 150 300 600
Boundaries are approximate and not meant to be absolute. Feet
Map Source: USGS Shallotte 7.5 Minute Topographic Quad
Fairway Acres
Brunswick County, NC DAVEY Figure 2
Resource Group Topographic Map
June 2022 3805 Wrightsville Avenue
LMG21.401 Wilmington, NC 28403
[phone]

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L:\WETLANDS\2021 WETLANDS FILES\LMG21.401 --- NC 179 N
Hewitt Tract, Duck Pond Venture\MAPS 0 150 300 600
Boundaries are approximate and not meant to be absolute. Feet
Map Source: NRCS GIS Soils Data
Fairway Acres
Brunswick County, NC DAVEY11 Figure 3
Resource Group Soils Map
June 2022 3805 Wrightsville Avenue
LMG21.401 Wilmington, NC 28403
[phone]

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June 2022 3805
LMG21.401 Wilmington, :tl
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3.0 SITE PLAN DRAWINGS
Sheet CWI-1.0. Cover Sheet
Sheet CWI-1.1. Existing Conditions
Sheet CWI-1.2. Overall Environmental Impact
Sheet CWI-1.3. Jurisdictional Ditch Impact Plan & Profile
Sheet CWI-1.4. Notes and Details

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NOTES:
1. BOUNDARY AND TOPOGRAPHIC INFORMATION
TAKEN FROM SURVEY BY CHANDLER LAND o
SURVEYING DATED NOVEMBER 7, 2021 > DATE
2. JURISDICTIONAL DITCH ORDINARY -p 313012023
HIGH-WATER MARK (OHWM) DETERMINED DRAWN BY
FROM SURVEY BY TIMMONS GROUP DATED 331
MARCH 14, 2023. �I/�� • DE533N1D BY
3. A DELINEATION OF THE PROJECT AREA WAS Sheet List Table o�
CHECKED BY
COMPLETED BY DAVEY RESOURCE GROUP ON �S'� Sheet Number Sheet Title J.WALL
JUNE 21, 2022. THE DELINEATION WAS 0 SCALE
APPROVED BY THE U.S. ARMY CORPS OF Z CWI-1.0 COVER SHEET ASSHOWN
ENGINEERS (USACE)AND A PRELIMINARYco CWI-1.1 EXISTING CONDITIONS •
JURISDICTIONAL DETERMINATION (PJD)WAS w •
s ISSUED BY GARY H BEECHER ON NOVEMBER CWI-1.2 OVERALL ENVIRONMENTAL IMPACT
17, 2022. SAW-2022-01446 CWI-1.3 JURISDICTIONAL DITCH IMPACT PLAN & PROFILE
4. A CAMA PERMIT WILL NOT BE REQUIRED FOR
THIS SITE PER DAVEY RESOURCE GROUP. CWI-1.4 NOTES AND DETAILS
M 5. THE SUBJECT PROPERTY IS NOT LOCATED IN
FLOOD ZONES IN ACCORDANCE WITH FIRM O 3
M MAP NUMBER 3720107600K WITH AN �+
EFFECTIVE DATE OF AUGUST 28, 2018. S ATE , z
6. ALL CONSTRUCTION SHALL BE IN W o
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ACCORDANCE WITH BRUNSWICK COUNTY U
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SITE DATA TABLE:
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TOTAL AREA: 18.07 ACRES
TOTAL LINEAR FEET OF JURISDICTIONAL DITCHES: 660 LF o
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Contractor will follow the following HORSE BRANCH ROAD SW N
construction sequence: K DATE
313012023
Contractor shall notify the Brunswick DRAWN
BY
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WITZIT
County Planning Department 48-hours
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in advance of start of work during a '� 331
period of time with no rain in the _ _ , \ — _ _ — — _ _ _ _ __ _ _ __ I _ _ _ � • CH WALL CHI'
BY
forecast. 125 s
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• Prior to start of work, contractor shall �E\°7 .25 I I I JURISDICTIONAL DITCH
have all materials and equipment °� — _ — \ S ` \ FL LOCATED WETLAND \ /
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on-site. For utility crossings with I , I L
casings, the carrier pipe shall be
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SITE DATA TABLE: I v
~I TOTAL AREA:18.07 ACRES c
TOTAL LINEAR FEET OF JURISDICTIONAL DITCHES:660 LF I -
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period of time with no rain in the 313012023
forecast. DRAWN BY
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DESIGNED BY
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have all materials and equipment "". ro"' " °o-a' �'"°�a' ° `o-a' " , " `°re'=� Po •
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on-site. For utility crossings with
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casings, the carrier pipe shall be
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proposed crossing and pump water
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TOTAL LINEAR FEET OF PERENNIAL STREAMS:660 LF
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JURISDICTIONAL DITCH IMPACT LEGEND:
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PERMANENT JURISDICTIONAL DITCH -CYAN N
1A=33LF/368 SF/0.0084 AC _ I E
3 1 B=138 LF/2,500 SF/0.0574 AC
= GOOSE CREEK ROAD SW — roe NO.
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11 \III.- J DUAL 8" Rq�--_ - ��-- • DESIGNED BY
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equipment on site. For utility crossings with casings,the 1A=33LF/368 SF/0.0084 AC Li
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accordance with Brunswick County specifications. v
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~ • Contractor shall restore wetland areas with temporary impact JURISDICTIONAL DITCH BOUNDARY
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Table 6.1 Oa Table 6.1 Oa Temporary Seeding Specifications for Summer Table 6.1 Da Temporary Seeding Specifications for Fall a v,Z o
Temporary Seeding Specifications Seeding Mixture Spedes Rate(Ib/acre) LL m E
for Winter and Early Spring Seeding Mixture Species Rate(lb/acre) w°` 3
Rye Grain 30 Z E 3
German Millet 15 3—
Seeding Mixture Species Rate(lb/acre) In the Piedmont and Mountains,a small-stemmed sundangrass may z
In the Piedmont and Mountains,a small-stemmed sundangrass may
Rye Grain 30 be substituted at a rate of 50lb/acre. a f Z
be substituted at a rate of 50lb/acre. o o <
Seeding Dates 3
Seeding Dates Seeding Dates
Mountains 15-Aug to 15-Dec ~ o F w
Mountains>2500 ft. 15-Feb to 15-May Mountains 15-May to 15-Aug Coastal Plain and 15-Aug to 30-Dec a Z
<2500 ft. 1-Feb to 1-May Piedmont 1-May to 15-Aug Piedmont ° o
Piedmont 1-Jan to 1-May Coastal Plain 15-Apr to 15-Aug w o
Coastal Plain 1-Dec to 15-Apr Soil Amendments Z
Soil Amendments Follow recommendations of soil tests or apply 2 ton/acre ground z
Soil Amendments agricultural limestone and 750 lb/acre 10-10-10 fertilizer si O
Follow recommendations of soil tests or apply 2 ton/acre ground Follow recommendations of soil tests or apply 2 ton/acre ground
agricultural limestone and 750 lb/acre 10-10-10 fertilizer Mulch >
agricultural limestone and 750 lb/acre 10-10-10 fertilizer Apply 4,000 lb/acre straw.Anchor straw by tacking with asphalt, oLU
Mulch Mulch netting or a mulch anchoring tool.Use 400 gallons of tack per acre1 o
Apply 4,000 lb/acre straw.Anchor straw by tacking with asphalt, or straw covered with pinned netting. w
Apply 4,000 lb/acre straw.Anchor straw by tacking with asphalt, p g w
nettingor a mulch anchoring tool.Use 400 gallons of tack per acre netting or o mulch anchoring tool.Use 400 gallons of tack per acre
g g p or straw covered with pinned netting. Maintenance a
or straw covered with pinned netting. Repair and refertilize damaged areas immediately.Topdress with o 0
Maintenance
50lb/acre of nitrogen in March.If it is necessary to extent >
Maintenance Refertilize if growth is not fully adequate.Reseed,refertilize and DATE
temporary cover beyond June 15,overseed with 50lb/acre Kobe o Refertilize if growth is not fully adequate.Reseed,refertilize and mulch immediately following erosion or damage. y 3/30/2023
mulch immediately following erosion or damage. (Piedmont and Coastal Plain)
late February or early March DRAWN BY
331
PERMANENT SEED MIX ERNST CONSERVATION SEEDS NC COASTAL PLAIN FACW MIX OR APPROVED EQUAL BY • DESIGNED BY
DESIGNER APPLICATION RATE 20 LBS/AC.TO BE PLANTED IN ALL DISTURBED WETLAND AND RIPARIAN AREAS. • 331
• CHECKED BY
PLASTIC NETTING SHOULD NOT BE USED WITHIN WETLANDS OR STREAMS. 1•WALL
• • SCALE
TEMPORARY SEEDING SPECIFICATIONS : AS SHOWN
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LLM Wkee n mended
POSITIVE DRAINAGE FROM SEDIMENT STREAM DIVERSION PUMP Kt<aE Mog,Ea Nerb(recommended I ) < J a
FILTER BAG TO STREAM. DISCHARGE HOSES RAM: AParAME �Q� Herb(r d ) Silky
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INTAKE HOSE Bo o G F
DISCHARGE ONTO DEWATEPoNG PUMP P`i ` IP Wool Grass Q LLI `m
STABLE RIPRAP P ^, ��*` Jewelweed Z o a
PAD TO PREVENT ..:.;:;...�: _...' •. _ ,: 1J I i I I
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_..._._._ �..� �``,�I�•''� • PLANTING SCHEDULE FOR MAJOR � z g
ell STREAM BANK RESTORATIONS o
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HOSE SUMP-HOLE FOR POOL a SEE PL nING SOHEDUU: Bwm LU B FLOWS- SEDIMENT INTAKE (;LEAN WATER fr o'
CO f-�'"" DIKE DIKE FOR SPECIES To BE sEm roPa mw
a �•-�.__ (12'TO 18'DEEP,2-FT DIAME R) RE-ESTABLISHED DrvDTRMAr �, '��/ w,r �' _z
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TEMPORARY PUMP AROUND SEQUENCE o°= NArrre.Aenoo-Ai O E
t 1.SET UP PUMP WITH SUCTION AND DISCHARGE HOSE. i TRAI M,nNales case oarorsalr _ M m
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x 2.INSTALL UP-STREAM SANDBAG DAM. a e=e` 4 MIL 8 5
LLl 4.THE PUMP MUST RUN CONTINUOUSLY WHILE WORKING IN THE STREAM. r p19 �� � s` �FMIAN„gym oUICK DIS (TYPE)T' POLYETHYLENE FILM
AND FRRNcS ro BE SIZED ACCORDINGLY.
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3.INSTALL DOWN-STREAM SANDBAG DAM.
J M• COUPLINGS ¢_
89ff5 a
r 5.STREAMBANKS MUST BE STABILIZED AT THE END OF EACH DAY. _ _
rn NANEFO AT '_f'I�I_I, 4'OR 6'PIPING 2. DOWNSTREAM OF CONSTRU AND CTION ACIMIY.IN STRFAMBEO i `•x
NOTES: BUTT'�(RASALa _ J. TEMPORARILY PNOHM PN ETS AND PMYERIYLENE FILM x c
1.SANDBAG DIKES SHALL BE SITUATED AT THE UPSTREAM AND DOWNSTREAM ENDS OF THE WORK AREA,AND STREAM FLOW l; WrrH DI W i
0 FROM 4. SLOW DISCHARGE TO 2 FPS THROUGH EACH PIPE. -2
SHALL BE PUMPED AROUND THE WORK AREA.THE PUMP SHOULD DISCHARGE ONTO A STABLE VELOCITY DISSIPATER PUMP S. ADD POLYETHYLENE FILM OVER OR UNDER PALLETS.
CONSTRUCTED OF RIPRAP OR SANDBAGS. s. 97 BENDS M BE TURNED OUrWMD WIDI A URGER "
f0 F $
2.WATER FROM THE WORK AREA SHALL BE PUMPED TO A SEDIMENT FILTERING MEASURE SUCH AS A SEDIMENT BAG OR OTHER LIVE STAKING(MULTIPLE ROW) DISSIPATION.FOOTPRINT O PALLETS FOR ADDMONAL ENERGY
APPROVED DEVICE.THE MEASURE SHALL BE LOCATED SUCH THAT THE WATER DRAINS BACK INTO THE CHANNEL BELOW THE SPACING DETAIL FOR MAJOR REINFORCED SOIL LIFT DETAIL FOR T. REMOVE COMLPEIELY PRIOR TO RETURNING FLOW W is
DOWNSTREAM SANDBAG DIKE WITHOUT CAUSING FURTHER EROSION BETWEEN THE SEDIMENT FILTER BAG AND THE STREAMBANK. STREAM BANK RESTORATIONS MAJOR STREAM BANK RESTORATIONS _
= Nor ro scA E �T o 9cnE TEMPORARY STREAM BYPASS PUMP -
mg
v DISCHARGE ENERGY DISSIPATOR Joe No.
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TEMPORARY PUMP AROUND 0 TO
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4.0 WETLAND DELINEATION CONCURRENCE FROM USACE

11/17/22,9:55 AM The Davey Tree Expert Company Mail-Wetland Concurrence statement for NC 179 Hewitt Tract in Brunswick County, NC(SAW...
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DAVEY . Williams, Kim <[e-mail]>
Wetland Concurrence statement for NC 179 Hewitt Tract in Brunswick County, NC
(SAW-2022-01446)
1 message
Beecher, Gary H CIV USARMY CESAW(USA) <[e-mail]> Thu, Nov 17, 2022 at 9:04 AM
To: "[e-mail]" <[e-mail]>
Cc: "Williams, Kimberlee" <[e-mail]>, Cameron Owens <[e-mail]>
Dear Mr. Koeller,
Reference is made to ORM ID SAW-2022-01446, please reference this number on any correspondence regarding this
action located on NC 179 (Hewitt Tract) in Ocean Isle Beach, Brunswick County, NC. (Parcel ID: 2290002005 &
2290002007)
we received information from you requesting the Wilmington District, Regulatory Division review and concur with the
boundaries of an aquatic resource delineation.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be sufficiently accurate and reliable for
permitting actions and the determination of compensatory mitigation requirements. The boundaries of these aquatic
resources are shown on the delineation map labeled NC 179 Hewitt Tract Preliminary Upland/Wetland Delineation
Sketch.
Regulatory Guidance Letter(RGL) 16-01
https://usace.contentdm.ocic.org/utils/getfile/collection/pl602lcoII9/id/1256 provides guidance for Jurisdictional
Determinations (JD)and states "The Corps generally does not issue a JD of any type where no JD has been requested".
At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation
process, including determining compensatory mitigation. This delineation verification is not an Approved Jurisdictional
Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33
CFR Part 331). However, you may request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation.
Please contact me if you have any questions about this project or about the USACE Regulatory Program.
Respectfully,
Gary
https://mail.google.com/mail/u/O/?ik=5f499cdlal&view=pt&search=all&permthid=thread-f%3A1749752425643623195%7Cmsg-f%3A1749752425643... 1/2

11/17/22,9:55 AM The Davey Tree Expert Company Mail-Wetland Concurrence statement for NC 179 Hewitt Tract in Brunswick County, NC(SAW...
EI
US Army Corps:
of Engineers
Wlimin©lan Disr.ic
Gary Beecher
USACE Wilmington Field Office
Regulatory Project Manager
Office [phone]
Cell [phone]
[e-mail]
2 attachments
•� SAW-2022-01446 Vicinity map.pdf
208K
•� SAW-2022-01446 Wetland Delineation Map.pdf
289K
https://mai l.google.com/mai I/u/0/?i k=5f499cd 1 a 1&view=pt&search=all&permthid=th read-f%3Al 749752425643623195%7Cmsg-f%3Al 749752425643... 2/2

NOTE: This is not a survey. All boundaries and distances
are considered approximate. This represents a preliminary
sketch prepared from field notes. A survey of delineated ;"
areas and review and approval by the U.S. Army Corps of
Engineers is recommended prior to specific site planning. -
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Project Area — 18.4 ac ^`
0 Potential Uplands — 18.4 ac (100%) � !
Potential Waters of the U S _ 660 L.F.
•••••••• Potential Non-Jurisdictional Ditches — 1,720 L.F. R
0 Upland Data Point
♦ Crossing
Esri,HERE,Garmin, (c OpenS�treetMap contributors
L:\WETLANDS\2021 WETLANDS FILES\LMG21.401 --- NC 179 N
Hewitt Tract, Duck Pond Venture\MAPS 0 150 300 600
Boundaries are approximate and not meant to be absolute. Feet
Map Source: 2020 NC OneMap Aerial Photography
NC 179 Hewitt Tract
Brunswick County, NC DAVEY Preliminary
Resource Group Upland/Wetland
Map Date: 06/21/2022 Delineation Sketch
3805 Wrightsville Avenue
LMG21.401 Wilmington, NC 28403
[phone]

5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
USFWS NLAA Consistency Letter for NLEB

Roy Cooper,Governor
■`00■
n ■ NC DEPARTMENT OF D.Reid Wilson,Secretary
■■ ■i NATURAL AND CULTURAL RESOURCES
■ own Misty Buchanan
Deputy Director,Natural Heritage Program
NCNHDE-21736
April 27, 2023
Kim Williams
Davey Resource Group, Inc.
3805 Wrightsville Avenue
Wilmington, INC 28403
RE: Fairway Acres
Dear Kim Williams:
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:
https://www.fws.ciov/offices/Di rectory/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 nev.butler(a)ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
UcOARI MEN i QF NAiuRAL ANU LULTURAL kLSiQokLES
Q 121 W JONES STREET,RALEIGH.NC 27603 • 1651 MAIL SERVICE CENTER.RALEIGH.NC 27699
® OFC 919 707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Fairway Acres
April 27, 2023
NCNHDE-21736
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Na Common Name Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
Date Rank
Bird 27194 Charadrius wilsonia Wilson's Plover 2007-05-11 E 4-Low --- Special G5 S213
Concern
Bird 41166 Circus hudsonius Northern Harrier 2017-04-19 E 2-High --- Significantly G5 S1B,S4
Rare N
Bird 27219 Haematopus palliatus American 2019-05-22 E 3-Medium --- Special G5 S2S3B,
Oystercatcher Concern S3N
Bird 4417 Passerina ciris Painted Bunting 2017-07-25 B 3-Medium --- Special G5 S213
Concern
Butterfly 29637 Satyrium favonius Southern Oak 2011-05-21 BC 3-Medium --- Significantly G4G5T S1
favonius Hairstreak Rare 4
Dragonfly or 33738 Somatochlora Coppery Emerald 2004-Pre H? 5-Very --- Significantly G3G4 Sl?
Damselfly georgiana Low Rare
Freshwater Fish38937 Acipenser oxyrinchus Atlantic Sturgeon 2018-09 E 4-Low Endangered Endangered G3T3 S2
oxyrinchus
Mammal 17664 Trichechus manatus West Indian Manatee 2019-11-14 E 5-Very Threatened Threatened G2G3 SIN
Low
Natural 1360 Coastal Fringe --- 2010 B 2-High --- --- G2 S2
Community Evergreen Forest
(Typic Subtype)
Reptile 7407 Alligator American Alligator 2017-09-20 E 3-Medium Threatened Threatened G5 S3
mississippiensis Similar
Appearance
Vascular Plant 2987 Zephyranthes Rain Lily 2001-04-21 A 3-Medium --- Endangered G2G3 Sl
simpsonii
Natural Areas Documented Within a One-mile Radius of the Project Area
Site Name Representational Rating Collective Rating
Brantley Island Rl (Exceptional) C4 (Moderate)
Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner
Brunswick County Open Space Brunswick County Local Government
Page 2 of 4

Managed Areas Documented Within a One-mile Radius of the Project Area
Managed Area Name Owner Type
NC Department of Transportation Mitigation Site NC Department of Transportation State
NC Wildlife Resources Commission Bricklanding NC Wildlife Resources Commission State
Road Access Area
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on April 27,2023;source: NCNHP, Q4,Winter(January)
2023. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 3 of 4

NCNHDE-21736: Fairway Acres
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NHP Natural Area (NHNA)
Managed Area (MAREA)
Buffered Pro ect Bound Sources.Esn Airbus DS USGS,NGA NASA.CGIAR.N Robinson.NCEAS,
J ry NLS, OS, NMA, Geodatastyrelsen. Rilkswaterstaal, GSA, Geotand. FEMA,
Intermap and the GIS user community
Q Project Boundary Sources. Esn, HERE. Garmin. FAO NOAA. USGS. ® OpenStreetMap
contnbutm,and the GIS User Community
Page 4 of 4

�ENt Ot nfuf►N u,W i
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
4j4Rc"' �w> Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh,NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: April 27, 2023
Project Code: 2023-0075225
Project Name: Fairway Acres
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

04/27/2023 2
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts)that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act(ESA), there are additional responsibilities under the
Migratory Bird Treaty Act(MBTA) and the Bald and Golden Eagle Protection Act(BGEPA)to
protect native birds from project-related impacts.Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project-related stressors or minimize the exposure of birds and
their resources to the project-related stressors. For more information on avian stressors and
recommended conservation measures see 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.govibirds/policies-and-regulations/
executive-orders/e0-13186.php.

04/27/2023 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
■ Marine Mammals

04/27/2023 1
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

04/27/2023 2
PROJECT SUMMARY
Project Code: 2023-0075225
Project Name: Fairway Acres
Project Type: Residential Construction
Project Description: Residential development
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/033.91359305,-78.41011631187664,14z
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Counties: Brunswick County, North Carolina

04/27/2023 3
ENDANGERED SPECIES ACT SPECIES
There is a total of 15 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile:https:Hecos.fws.gov/ecp/species/10515
West Indian Manatee Trichechus manatus Threatened
There is final critical habitat for this species.Your location does not overlap the critical habitat.
This species is also protected by the Marine Mammal Protection Act,and may have additional
consultation requirements.
Species profile:https:Hecos.fws.gov/ecp/species/4469

04/27/2023 4
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
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
SNAILS
NAME STATUS
Magnificent Ramshorn Planorbella magni fica Proposed
There is proposed critical habitat for this species.Your location does not overlap the critical Endangered
habitat.
Species profile:https:Hecos.fws.gov/ecp/species/6216

04/27/2023 5
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
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

04/27/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act!and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location.To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
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
(SCRs)in the continental USA
htWs:Hecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliatus Breeds Apr 15
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 31
and Alaska.
htWs:Hecos.fws.gov/ecp/species/8935

04/27/2023 2
BREEDING
NAME 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.
hlWs://ecos.fws.gov/ecp/species/5234
Brown-headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions Jul 15
(BCRs)in the continental USA
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Aug 25
and Alaska.
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://ecos.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.
hlWs://ecos.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.
htWs: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 to Sep 10
and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds
This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions elsewhere
(BCRs)in the continental USA

04/27/2023 3
BREEDING
NAME SEASON
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern(BCC)only in particular Bird Conservation Regions elsewhere
(BCRs)in the continental USA
Short-billed Dowitcher Limnodromus griseus Breeds
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA elsewhere
and Alaska.
hlWs://ecos.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:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12

04/27/2023 4
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
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 JU}L}} AUG
I I SEP OCT+ NOV DEC
Amer-ican BCRBCRestrel llll 1+++ +111 ; ■■■ I TTT +000
American Oystercatcher 1111 1i+1 1111 loll 1011 1111 1111 1111 1100 1111 1101 —+o+
BCC Rangewide
(CON)
Bald Eagle Non-BCC o+o+101 +1I111+0 0111 ITT 7717 T+00 0000 o HP �*q� —+IF+
Vulnerable Black Skimmer
BCC Rangewide I I 1 1 11.0+1 +111 11'1 1111 1111 1111 1111 1111 1111 MIN —+o+$(CON)
Brown-headed Nuthatch 11io 1111010l 0111 ggts ���� My TT+t I I I 1 1+111+11 —++0
BCC-BCR
Chimney Swift ++++ ++++ +�II I�1� +o o+++ ++++ ++++ —+++
BCC Rangewide
(CON)

04/27/2023 5
Gull-billed Tern
BCC Rangewide ++++ ++++ ++++ ++I+ +� 1+1+ +++110+0 0+1+ ++++ ++++ +++
(CON)
Lesser Yellowlegs BCC Rangewide +011 ++++ +1++ JOIN 0+++ ++p +0011000 001+ +10+ ++++ -1++
(CON)
Marbled d
BCC Rangewide +1++ ++++ ++++ ++++ ++1+ ++1+ ++0+ 0+0+ 1+++ ++11 ++++ —+++
(CON)
Painted Bunting ++++ ++++ ++++ /11101/0 +0++ $11+ ++++ +
BCC-BCR
Prairie Warbler BCC Rangewide ++++ ++++ +++1 ++++ Pq RR Rqq ++++ ++1+ ++++ ++++ —+++
(CON) + +
Prothonotary Warbler ++++ ++++ ++++ ++1+ *+++ ++++ ++++ *+++ ++++ ++++ ++++ —+++
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed Woodpecker +0++ AU ++++ 00111+++ 1+++ +01010+0 +�++BCC Rangewide
(CON)
RuddyThrnstone $+1+ J1+i +sv ii i i i oon I s sin no mt+ u+11R i o -++1
BCC-BCR
Rusty Blackbird ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +++* ++1
BCC-BCR
Short-billed Dowitcher
BCC Rangewide
(CON)
C BC Rangewide 11111111 Jill Jill Mill Jill Jill Jill Jill -III
BCC
(CON)
Wi Plover
BCCC Rangewide ++++ ++++ +111 t==5 ==s= __�� IIII Jill 1$$+ +10+ ++++ -+++
Rangewide
(CON)
Thrush
BCCWoo Rangewide ++++ ++++ ++++ ++++ [phone] ++++ ++++ -++ +++
(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/avoiding-and-minimizing-incidental-take-migratory-birds

04/27/2023 6
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area.When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s)which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator(RAIL) Tool.
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

04/27/2023 7
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If 'Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC)that are of concern
throughout their range anywhere within the USA(including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. 'BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non-BCC -Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or(for non-eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review.Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be

04/27/2023 8
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s)that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar).A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

04/27/2023 1
MARINE MAMMALS
Marine mammals are protected under the Marine Mammal Protection Act. Some are also
protected under the Endangered Species Act!and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears,
manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins,
and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on
this list; for additional information on those species please visit the Marine Mammals page of the
NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take of marine mammals and further
coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife
Service Field Office shown.
1. The Endangered Species Act (ESA) of 1973.
2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) is a treaty to ensure that international trade in plants and animals does not
threaten their survival in the wild.
3. 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.
NAME
West Indian Manatee Trichechus manatus
Species profile:https://ecos.fws.gov/ecp/species/4469

04/27/2023 2
IPAC USER CONTACT INFORMATION
Agency: Davey Resource Group
Name: Kim Williams
Address: 3805 Wrightsville Avenue; Suite 15
City: Wilmington
State: NC
Zip: 28403
Email [e-mail]
Phone: [phone]

�ENt Of nfuf►N WOW i
Qpe' � Fa mn-►
United States Department of the Interior
FISH AND WILDLIFE SERVICE
4j4Rc"' �w> Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh,NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: April 27, 2023
Project code: 2023-0075225
Project Name: Fairway Acres
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for 'Fairway Acres'
Dear Kim Williams:
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 27, 2023, for
'Fairway Acres' (here forward, Project). This project has been assigned Project Code
2023-0075225 and all future correspondence should clearly reference this number. Please
carefully review this letter.Your Endangered Species Act(Act) requirements are not
complete.
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 is not reasonably certain
to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15
days of the date of this letter that your IPaC-assisted determination was incorrect, this letter
verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat.

04/27/2023 IPaC Record Locator: 266-125713085 2
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 magni fica Proposed Endangered
■ Monarch Butterfly Danaus plexippus Candidate
■ Piping Plover Charadrius melodus Threatened
• Red Knot Calidris canutus rufa Threatened
■ Red-cockaded Woodpecker Picoides borealis Endangered
■ Rough-leaved Loosestrife Lysimachia asperulaefolia Endangered
■ Tricolored Bat Perimyotis sub flavus Proposed Endangered
■ West Indian Manatee Trichechus manatus Threatened
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above. Note that if a new species is listed that may be affected by the
identified action before it is complete, additional review is recommended to ensure compliance
with the Endangered Species Act.
Next Step
Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds,
permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal
representative. Therefore, the ESA consultation status is incomplete and no project activities
should occur until consultation between the Service and the Federal action agency(or designated
non-federal representative), is completed.
As the federal agency or designated non-federal representative deems appropriate, they should
submit their determination of effects to the Service by doing the following.
1. Log into IPaC using an agency email account and click on My Projects, click "Search by
record locator" to find this Project using 266-125713085. (Alternatively, the originator of
the project in IPaC can add the agency representative to the project by using the Add
Member button on the project home page.)
2. Review the answers to the Northern Long-eared Bat Range-wide Determination Key to
ensure that they are accurate.

04/27/2023 IPaC Record Locator: 266-125713085 3
3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to
a concurrence letter. Download the concurrence letter for your files if needed.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for 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 before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2023-0075225 associated
with this Project.

04/27/2023 IPaC Record Locator: 266-125713085 4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Fairway Acres
2. Description
The following description was provided for the project 'Fairway Acres':
Residential development
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@33.91359305,-78.41011631187664,14z
tetl Xi_ *dn
itv�J 'f
Ci
� G

04/27/2023 IPaC Record Locator: 266-125713085 5
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis
septentrionalis).
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

04/27/2023 IPaC Record Locator: 266-125713085 6
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?
No
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-key_
selected-definitions
No
10. Your project overlaps with an area where northern long-eared bats may be present year-
round.
Is suitable northern long-eared bat habitat present within 1000 feet of project activities?
Yes

04/27/2023 IPaC Record Locator: 266-125713085 7
11. Will the action cause effects to a bridge?
No
12. Will the action result in effects to a culvert or tunnel?
Yes
13. Do the interior dimensions of the culvert or tunnel equal or exceed 4.0 feet (1.3 meters) in
height and 130 feet(40 meters) in length?Answer "No" if the affected culvert(s) or tunnel
is smaller in either of these two dimensions.
No
14. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note:Exclusion is conducted to deny bats'entry or reentry into a building.To be effective and to avoid harming
bats,it should be done according to established standards.If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present,answer"Yes."Answer"No"if there are no signs of bat use
in the building/structure.If unsure,contact your local U.S.Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present.Contact a Nuisance Wildlife Control
Operator(NWCO)for help in how to exclude bats from a structure safely without causing harm to the bats(to
find a NWCO certified in bat standards,search the Internet using the search term"National Wildlife Control
Operators Association bats").Also see the White-Nose Syndrome Response Team's guide for bat control in
structures
No
15. Does the action involve removal, modification, or maintenance of a human-made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
16. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes'when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
Yes
17. Will any new road go through any area of contiguous forest that is greater than or equal to
10 acres in total extent?
Note: "Contiguous forest"of 10 acres or more may includes areas where multiple forest patches are separated by
less than 1,000 feet of non-forest if the forested patches,added together,comprise at least 10 acres.
Yes
18. For every 1,000 feet of new road that crosses between contiguous forest patches, will there
be at least one place where bats could cross the road corridor by flying less than 33 feet
(10 meters)between trees whose tops are at least 66 feet(20 meters) higher than the road
surface?
No

04/27/2023 IPaC Record Locator: 266-125713085 8
19. Will the proposed action result in the cutting or other means of knocking down, bringing
down, or trimming of any trees suitable for northern long-eared bat roosting?
Note: Suitable northern long-eared bat roost trees are live trees and/or snags>_3 inches dbh that have exfoliating
bark,cracks,crevices,and/or cavities.
Yes

04/27/2023 IPaC Record Locator: 266-125713085 9
PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed- round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
17
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring
staging/fall swarming areas can be found here:https://www.fws.gov/media/inactive-season-dates-swarming-and-
staging-areas
0
In what extent of the area (in acres)will trees be cut, knocked down, or trimmed during the
active (non-hibernation) season for northern long-eared bat? Note: Inactive Season dates for
spring staging/fall swarming areas can be found here:https://www.fws.gov/media/inactive-season-dates-
swarming-and-staging-areas
17
Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at
breast height, dbh)be cut, knocked, or brought down from any portion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes'if the cumulative extent of those areas meets or exceeds 0.1 acre.
Yes
Enter the extent of the action area (in acres) from which all potential NLEB roost trees will
be removed. If all NLEB roost trees will be removed from multiple areas, entire the total
extent of those areas. Round up to the nearest tenth of an acre.
17
For the area from which all potential northern long-eared bat (NLEB) roost trees will be
removed, on how many acres (round to the nearest tenth of an acre)will trees be allowed
to regrow? Enter `0'if the entire area from which all potential NLEB roost trees are
removed will be developed or otherwise converted to non-forest for the foreseeable future.
2
Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which
all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought
down?
No
Will all project activities by completed by April 1, 2024?
No

04/27/2023 IPaC Record Locator: 266-125713085 10
IPAC USER CONTACT INFORMATION
Agency: Davey Resource Group
Name: Kim Williams
Address: 3805 Wrightsville Avenue; Suite 15
City: Wilmington
State: NC
Zip: 28403
Email [e-mail]
Phone: [phone]
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Gary Beecher
Email: [e-mail]
Phone: [phone]