20131056 Ver 3_2023.06.02_Regency Townhomes PCN Cover Page and Attachments_20230602

5410 Trinity Road P 919.866.4951
T I M M O N S GROUP Suite 102 IF919.859.5663
Raleigh, NC 27607 wuwvtimmons.com
June 1, 2023
Emily Thompson
U.S. Army Corps of Engineers — Wilmington District
Washington Regulatory Field Office
2407 West Fifth Street
Washington, NC 27889
Allen Stewart
401 & Buffer Permitting Branch
NCDEQ — Division of Water Resources
3800 Barrett Drive
Raleigh, NC 27609
Re: Electronic Pre -Construction Notification Attachments
Regency Townhomes
Greenville, Pitt County, North Carolina
Project No.: 56679.002
Dear Ms. Thompson and Mr. Stewart,
On behalf of Taft Family Ventures, we are providing additional attachments and information to aid
in the review of the electronic Pre -Construction Notification of the Regency Townhomes project,
an approximately 19.5-acre site located off of Regency Boulevard in Greenville, North Carolina,
within Pitt County (the Site).
Please review the below attachments and contact Kate Hefner at [phone] or
kate.hefnera-timmons.com if additional information is required.
Sincerely,
Timmons Group
Kate Hefner, WPIT
Environmental Scientist II
Lauren Norris -Heflin
Environmental Project Manager
ENGINEERING I DESIGN I TECHNOLOGY

Enclosures
ATTACHMENTS
Appendix A
Figure 1 —Vicinity Map
Figure 2 — NRCS Soil Survey Map
Figure 3 —Wetlands and Waters of the U.S. Delineation Map
Appendix B
Agent Authorization Form
DWR Pre -Filing Request
Appendix C
Environmental Impacts Set
Appendix D
Threatened and Endangered Species Review Report
Updated IPaC Species List
Updated NCNHP Report
Appendix E
SHPO Map and List

Appendix

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REGENCY TOWNHOMES TIMMONS GROUP
PITT COUNTY, NORTH CAROLINA
FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. •
TIMMONS GROUP JOB NUMBER:56679 U.S.G.S. QUADRANGLE(S):GREENVILLE SW
PROJECT STUDY LIMITS: 19.5 ACRES DATE(S):2022
LATITUDE: 35.557984 WATERSHED(S):MIDDLE NEUSE (NEUSE RIVER BASIN)
LONGITUDE:-77.397053 HYDROLOGIC UNIT CODE(S):03020202
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to constructionbiddingand/or construction staking without the express written consent of TIMMONS GROUP.

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REGENCY TOWNHOMES T I M M O N S GROUP
PITT COUNTY, NORTH CAROLINA
FIGURE 2: NRCS SOIL SURVEY MAP YOUR VISION ACHIEVED THROUGH OURS. 's
TIMMONS GROUP JOB NUMBER: 56679 SOURCE NRCS WEB SOIL SURVEY
PROJECT STUDY LIMITS: 19.5 ACRES SOIL SURVEY DATE: 1974
LATITUDE: 35.557984 WATERSHED(S): MIDDLE NEUSE (NEUSE RIVER BASIN)
LONGITUDE:-77.397053 HYDROLOGIC UNIT CODE(S): 03020202
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

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Appendix B

The Department of the Army
US Army Corps of Engineers
Wilmington District
PO Box 1890
Wilmington, NC 28402-1890
To Whom It May Concern:
TIMMONS GROUP
YOUR VISION ACHIFVFD THROUGH OURS.
AGENT AUTHORIZATION
All Blanks to be Filled in by Applicant
NCDEQ — Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the undersigned, current applicant designate, authorize representatives of Timmons Group to
act on my behalf as my agent in the processing of permit applications, to furnish upon request
supplemental information in support of applications, etc., from this day forward.
This the 4th day of May 2024
(number) (Month) (Year)
This notification supersedes any previous correspondence concerning the agent for this project.
Project Name: Regency Townhomes
Applicant Name (Print): Jc
Applicant Signature: l
Johnston
Applicant Mailing Address:
631 Dickinson Ave Greenville NC 27835
Applicant Fax
Telephone: [phone] No.
Applicant Email
Address: [e-mail]
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Kate Hefner
From: Stewart, Glenn A <[e-mail]>
Sent: Wednesday, May 3, 2023 3:40 PM
To: Kate Hefner
Subject: RE: [External] Regency Townhomes - DWR Pre -Filing Request
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hi Kate,
It was nice meeting with you yesterday. Unfortunately, yesterday would not void the pre -filing meeting request
requirement. At best it would start the clock yesterday instead of today. I have to consider today 5/3/2023 as the day
you requested the pre -filling meeting.
Fortunately, you can just keep this email reply as proof you submitted a pre -filing meeting request if you did not actually
go through our website and submit one. Management is being lenient on how the meeting is requested and we are not
requiring an actual meeting if
you don't think one is necessary. Its not our rule and we are not overly fond of it. As for your question about the map, I
believe it will be sufficient for planning and permitting purposes. I will review it with my supervisor and let you know if
he thinks we need more
information / something else on our end. Let me know if you have more questions.
Thanks,
Allen
Glenn Allen Stewart
Environmental Specialist II - 401 Wetlands and Buffer Programs
Department of Environmental Quality — Division of Water Resources
glenn.stewart(a-)ncdenr.gov
office 252-946-6481
cell phone [phone]
943 Washington Square Mall
Washington, NC 27889
.. � � n � •� ,rill ✓"
Departnrient of Envimimwntal Ouality
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From: Kate Hefner <[e-mail]>
Sent: Wednesday, May 3, 2023 2:19 PM
To: 401PreFile <[e-mail]>
Cc: Stewart, Glenn A <[e-mail]>
Subject: [External] Regency Townhomes - DWR Pre -Filing Request
Importance: High
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message
button located on your Outlook menu bar on the Home tab.
Good afternoon!
I wanted to submit a 401 Pre -Filing Request for the Regency Townhomes project in Greenville, NC. The project
information can be found below:
- Project Name: Regency Townhomes
- Project Applicant: Taft Family Ventures
- Applicant Contact Information: Kevin Johnston at [e-mail]
- Applicant Mailing Address: 631 Dickinson Avenue
Greenville, NC 27834
- Project Location: The project is located off of Regency Boulevard in Greenville, NC within Pitt County.
- The proposed project is for a HUD residential development in Greenville, NC. There are anticipated impacts to
jurisdictional open waters onsite.
Allen, do you know if our meeting in the field yesterday would void the need for a Pre -Filing request for this project, or if
it would just start the 30-day timeline on the 2"d rather than the 3 d.
Please let me know if you have any questions.
Thanks!
Kate Hefner, WPIT (she/her)
Environmental Scientist 11
TIMMONS GROUP I www.timmons.com
5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607
Office: 919.866.4953 1 Cell:828.455.4636
Kate. [e-mail]
Your Vision Achieved Through Ours
To send me files greater than 20MB click here.

Appendix C

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Appendix D

TIMMONS GROUP
YOUR Vl$fON ACHIEVED THROUGH OURS,
From: Kate Hefner, WPIT
Environmental Scientist 11
Timmons Group
5410 Trinity Road, Suite 102
Raleigh, NC 27607
Kate.Hefner(cr�,timmons.com
[phone]
5410 Trinity Road
Suite 102
Raleigh, NC 27607
P 919.866.4951
F 919.859.5663
www.timmons.com
To: U.S. Fish and Wildlife Service
Eastern North Carolina Ecological Services Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
May 3, 2023
Re: Online Project Review Request, Regency Townhomes, Pitt County, North
Dear Mr. Benjamin,
We have reviewed the referenced project using the U.S. Fish and Wildlife (USFWS) Eastern
North Carolina Ecological Services Field Office's online project review process and have
followed all guidance and instructions in completing the review. The location of the project and
the action area (also referred to as the Site) are identified on the enclosed maps in Appendix C,
showing the most recent USGS topographic map (Figure 1), aerial imagery (Figure 2), and
Wetlands and Waters of the U.S. map (Figure 3). We are submitting our project review package
in accordance with the instructions for further review.
Site Description
The Site is located within the Atlantic Coastal Plain and encompasses approximately 19.5 acres
in Greeneville, NC within Pitt County. The Site consists of two man made stormwater control
measure ponds (SCM), shrubby maintained open space, first successional mixed hardwood -pine
forest, mature mixed hardwood -pine forest, and four potentially jurisdictional waters (RPW), two
non -regulated stormwater ponds and one non jurisdictional water — isolated. The RPW features
generally drain to the stormwater ponds and then west off -site. The Site is bound by Regency
Boulevard and Blazer Drive to the north, agricultural areas to the east and south, and residential
areas to the west.
The Site is located within the Fork Swamp -Swift Creek subwatershed (Hydrologic Unit Code
[HUC] HUC 030202020402) in the Neuse River Basin. The Site drains to the west via surface
flow and unnamed tributaries to Fork Swamp, which has a NC Division of Water Resources
(DWR) Stream Index Number of 27-97-4 and a Stream Classification of C; Sw,NSW.

Proposed Project
Our proposed action consists of a multi -family, townhome, residential development in
Greenville, North Carolina within Wake County. Development is anticipated to include the
construction of road crossings, utility connections, and grading. The proposed impacts to
wetlands and streams onsite are anticipated to be minimal and limited to those necessary to
install necessary utility connections, road crossings, and grading (where required).
The project is expected to be completed over several years. Construction is anticipated to begin
in late 2023, potentially through 2024 and 2025.
This project review is being completed as part of client due diligence in the preliminary planning
and design phases of the proposed project. This project review will be used as needed as
supplement to anticipated U.S. Army Corps of Engineers consultation for use of a Nationwide
Permit due to impacts to jurisdictional waters if impacts to jurisdictional features are proposed.
Species Evaluation
The official U.S. Fish and Wildlife Service (USFWS) Information for Planning and Consultation
(IPaQ species report for the Site requested on January 30, 2023 (Project Code: 2023-0039212)
identified one federally listed endangered species, the Northern long-eared bat (Myotis
septentrionalis) as potentially occurring within the vicinity of the Site. One federally listed
threatened species was identified as potentially occurring within the vicinity of the Site, the
Neuse River waterdog (Necturus lewisi). Additionally, one proposed endangered species, the
tricolored bat (Perimyotis subflavus) and one candidate species, the monarch butterfly (Manaus
plexippus), were identified as potentially occurring in the vicinity of the Site. The American
alligator (Alligator mississippiensis) is listed as threatened due to similarity of appearance as
potentially occurring in the vicinity of the Site, however, species listed under a similarity of
appearance are not biologically endangered and are not subject to Endangered Species Act
(ESA) Section 7 consultation.
Critical habitat was not identified within the project area under the Eastern North Carolina
Ecological Services Field Office's jurisdiction.
Additionally, per the instructions of the Eastern North Carolina Ecological Services Field
Office's Project Review Steps, Timmons personnel assessed the potential for impacts to the bald
eagle (Haliaeetus leucocephalus).
The North Carolina Natural Heritage Program (NCNHP) database report (NCNHDE-20690) was
requested on January 30, 2023. No federally protected species were identified as occurring
within the project area or a 1-mile radius. Further, no critical habitat was identified within the
Site or a 1-mile radius.
On February 7, 2023 Timmons Group conducted a suitable habitat assessment for federally listed
species, species proposed for listing under the ESA, candidate species, and bald eagle within the
Site, and desktop project review on February 13, 2023.
Effects to Critical Habitat
There is no critical habitat located within the Site boundaries or a 1-mile radius.

Effects to Federally Endangered Species
Northern Long-eared Bat
While northern long-eared bat often roosts in dead or dying trees, live trees are also commonly
used. Suitable roosting habitat for northern long-eared bat includes any tree, although deciduous
trees are most frequently selected, with a dbh greater than 3 inches with cracks, crevices,
exfoliating bark, and/or cavities/hollows that is within 1,000 feet of forested/wooded habitat.
Small (less than 10 acres) fragmented forested areas and areas with less than a 45 percent canopy
cover are not likely to support northern long-eared bat.
During the suitable habitat survey on February 7, 2023, several snags with a dbh greater than 3
inches were observed located in the project area within 1,000 feet of forested/wooded habitat.
The majority of the Site consists of young pine forest approximately 5- to 10-years old with dbh
ranging from approximately 3 to 10 inches and mature mixed hardwood -pine forest with dbh
ranging from approximately 10 to 20 inches in the central section of the Site. Mature forested
areas observed onsite contain few trees that could represent potentially suitable summer roosting
habitat for the northern long-eared bat. Commonly observed species in the mature mixed
hardwood -pine forest included sweetgum (Liquidambar styracifZua), loblolly pine (Pious taeda),
etc. Additionally, maintained grassy areas were observed within the northern portion of the Site.
Timmons Group is not aware of known maternity roost trees or hibernacula in the vicinity of the
Site. According to the USFWS Eastern North Carolina Ecological Services website, Pitt County
is not a county with known roosting sites and is located more than 27.62 miles from the nearest
12-digit USGS Hydrologic Unit Map (HUC) with a known winter roosting site. Potentially
suitable summer roosting habitat is present, and Pitt County is located within the USFWS current
range for the northern -long eared bat. The Site is located near the edge of an urban area with
approximately 13.6% (-1,315-acres) of the surrounding 2-miles area occupied by mature
forested habitat likely representing suitable roosting habitat. This number excludes
approximately 790-acre of additional mature forested area maintained within existing
subdivisions, a significant portion of which is located immediately adjacent to the Site. Removal
of trees from the Project site will only reduce the percent of forested area within a 2-mile radius
to approximately 13.5%. Therefore, the Project is unlikely to result in significant habitat loss or
fragmentation for the area. Overall, Pitt County is located within the USFWS current range for
the northern -long eared bat and according to the northern long-eared bat Rangewide
Determination Key on the USFWS IPaC website, any development of the Site may affect, but is
not likely to adversely affect the northern long-eared bat.
Effects to Federally Threatened Species
Neuse River Waterdog
Neuse River waterdog requires streams with low to moderate gradient and low current velocity
and continuous, year-round flow. The species needs clean, flowing water with high dissolved
oxygen concentrations. The species often occurs in streams wider than 15 meters (approximately
49 feet) but has also been known to inhabit smaller creeks. The Neuse River waterdog habitat
must have adequate flow to deliver oxygen, provide optimal water temperatures, enable
movement, and deliver prey items, as well as to carry away waste materials and remove fine
sediments from the bottom substrate. The species is typically found in leaf beds within streams

with large bed material but has also been found in streams with hard clay bottoms. None have
been found in lakes or ponds.
The ditches located onsite do not provide the clean, high dissolved oxygen concentrated water
that the Neuse River waterdog requires. There is one potentially jurisdictional ditch and one non -
jurisdictional water in the eastern portion of the Site that are disconnected. Additionally, there
are three potentially jurisdictional ditches that are connected to two SCM ponds in the central
and western portion of the Site. At the time of the habitat assessment, the features had low flow
and depths were low, if existent. The NCNHP database report did not identify any known
occurrences within the project Site or within a 1-mile radius of the Site boundaries. The ditches
onsite do not represent potential suitable habitat for the Neuse River waterdog. Due to the lack of
suitable habitat onsite, it is the opinion of Timmons that the proposed project will have no effect
on the Neuse River waterdog.
Effects to Proposed Federally Protected Species
Tricolored Bat
On September 14, 2022, the USFWS announced a proposal to list the tricolored bat as
endangered under the ESA. The USFWS has not provided an official effective listing date, but it
is anticipated to occur in the second half of 2023. Upon listing, the USFWS is expected to
provide an area of influence/distribution range for tricolored bat.
During the winter, tricolored bats are found in caves and mines, although in the southern United
States, where caves are sparse, tricolored bats are often found roosting in road -associated
culverts. During the spring, summer, and fall, tricolored bats are found in forested habitats where
they roost in trees, primarily among leaves, and within artificial roosts like barns, beneath porch
roofs, bridges, concrete bunkers, and rarely within caves. Mixed mature hardwood and pine
forests are present in the southeastern portion of the Site; however, most of the Site is composed
of young mixed hardwood and pine forests and maintained early successional areas. There are
eight cement culverts located within the Site; however, these culverts were 36 inches or less in
diameter, some filled with sediment, and would not be suitable roosting and hibernating habitat.
The NCNHP database did not identify any known occurrences within a 1-mile radius of the Site.
Due to the presence of potential suitable roosting habitat in forested areas, it is our opinion that
the proposed project may affect, but is not likely to adversely affect the tricolored bat.
Effects to Proposed Candidate Species
Monarch Butterfly
The majority of the Site consists of young mixed hardwood and pine forest with mature mixed -
hardwood pine forest along southeastern portion of the Site and areas of maintained early
successional growth in the northern portion of the project area. While evidence of flowering
plant species was observed in the maintained early successional growth areas during onsite
investigation, occurrences of the monarch butterfly were not noted during Site investigation.
Further, the monarch butterfly's habitat is ubiquitous throughout the state and disturbance to
areas with potentially suitable habitat is minimal. Therefore, it is the opinion of Timmons Group
that the proposed project will have no effect on the monarch butterfly.

Effects to Species Listed Due to Similarity of Appearance
American Alligator
In North Carolina, alligators have been recorded in nearly every coastal county, and many inland
counties to the fall line. The alligator is found rivers, streams, canals, lakes, swamps, and coastal
marshes. Adult animals are highly tolerant of salt water, but the young are apparently more
sensitive, with salinities greater than 5 parts per thousand considered harmful. The American
alligator remains on the protected species list due to its similarity in appearance to the
endangered American crocodile, which lives in south Florida.
Suitable habitat for the American alligator is not present within the Site. No occurrences of the
American alligator were noted during Site inspection or within the project area on the NCNHP
database search. Because the American alligator is listed as threatened due to similarity of
appearance, USFWS ESA Section 7 consultation is not required for the species. The American
crocodile range does not overlap with the American alligator in North Carolina.
Effects to Federally Protected Species Not Identified through IPaC
The Eastern North Carolina Ecological Services Field Office Project Review steps request that
reviewers assess their projects for the potential to impact bald eagle nests. A desktop-GIS
assessment of the project study area, as well as the area within a 1.0-mile radius of the project
limits, was performed on January 30, 2023 using 2019 color aerials. No water bodies large
enough or sufficiently open to be considered potential feeding sources were identified. Since
there was no foraging habitat within the review area, a survey of the project study area and the
area within 660 feet of the project limits was not conducted. Per the NCNHP database report,
there are no occurrences of the bald eagle or their nests at or within 1-mile of the Site. Further,
no occurrences of nests or bald eagles were observed during the Site inspection on February 7,
2022. Therefore, any disturbance of the Site is unlikely to disturb nesting bald eagles and no
Eagle Act Permit is required.
The enclosed project review package provides the information about the species and critical
habitat considered in our review and includes a species conclusions table identifying the
determinations.
For additional information, please contact Kate Hefner at the email address listed above.
Sincerely,
Timmons Group
,.
Kate Hefner, WPIT
Environmental Scientist II

r
f
Lauren Norris -Heflin
Environmental Project Manager
Enclosures:
1) ENTIRE PROJECT REVIEW PACKAGE

APPENDICES
APPENDIX A — Self Certification Letter
Self -Certification Letter
Project Review Checklist
Species Conclusion Table
NLEB Consistency Letter
APPENDIX B — Species Reports
Official IPaC Species Report
NCNHP Species Report
APPENDIX C — Figures
Figure 1 USGS Topographic Map
Figure 2 Environmental Inventory Map w/Aerial Imagery
Figure 3 Wetlands and Waters of the U.S. Map
APPENDIX D — Photolog

APPENDIX A

QPS�ENT aF T2 F-i[.6 vi
ME
- n United States Department of the Interior
FISH AND WILDLIFE SERVICE °A
9gCH 3. 5a �,-".
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Date: 05/03/2023
Self -Certification Letter
Project Name Regency Townhomes
Dear Applicant:
Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological
Services online project review process. By printing this letter in conjunction with your
project review package, you are certifying that you have completed the online project
review process for the project named above in accordance with all instructions
provided, using the best available information to reach your conclusions. This letter,
and the enclosed project review package, completes the review of your project in
accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat.
884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C.
668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides
information for your project review under the National Environmental Policy Act of
1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this
letter and the project review package must be submitted to this office for this
certification to be valid. This letter and the project review package will be maintained
in our records.
The species conclusions table in the enclosed project review package summarizes
your ESA and Eagle Act conclusions. Based on your analysis, mark all the
determinations that apply:
❑"no effect" determinations for proposed/listed species and/or
proposed/designated critical habitat; and/or
❑✓ "may affect, not likely to adversely affect" determinations for proposed/listed
species and/or proposed/designated critical habitat; and/or
❑ "may affect, likely to adversely affect" determination for the Northern long-
eared bat (Myotis septentrionalis) and relying on the findings of the January 5,
2016, Programmatic Biological Opinion for the Final 4(d) Rule on the
Northern long-eared bat;
❑� "no Eagle Act permit required" determinations for eagles.

Applicant Page 2
We certify that use of the online project review process in strict accordance with the
instructions provided as documented in the enclosed project review package results in
reaching the appropriate determinations. Therefore, we concur with the "no effect" or
.,not likely to adversely affect" determinations for proposed and listed species and
proposed and designated critical habitat; the "may affect" determination for Northern
long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles.
Additional coordination with this office is not needed. Candidate species are not
legally protected pursuant to the ESA. However, the Service encourages consideration
of these species by avoiding adverse impacts to them. Please contact this office for
additional coordination if your project action area contains candidate species.
Should project plans change or if additional information on the distribution of
proposed or listed species, proposed or designated critical habitat, or bald eagles
becomes available, this determination may be reconsidered. This certification letter is
valid for 1 year. Information about the online project review process including
instructions, species information, and other information regarding project reviews
within North Carolina is available at our website http://www.fws.gov/raleigh/pp.html.
If you have any questions, you can write to us at RaleighAfws.gov or please contact
Leigh Mann of this office at 919-856-4520, ext. 10.
Sincerely,
/s/Pete Benjamin
Pete Benjamin
Field Supervisor
Raleigh Ecological Set -vices
Enclosures - project review package

MENT OFT
2 � seav�//ce
— q
9 �
Project Review
Checklist
Step
Item
Required
Date completed/ Notes
1 and
Official Species List from IPaC
05/03/2023
2
(will include map showing the
Yes
action area)
NCDENER-Heritage Prograin
05/03/2023
3
database results or correspon-
If Applicable
dence.
4
Habitat Assessments or Species
If Applicable
02/07/2023
Surveys
6
Bald Eagle Conclusion Table
Yes
05/03/2023
7
NLEB
Yes
05/03/2023
8
Species Conclusion Table
Yes
05/03/2023
Online project review request
05/03/2023
9
letter or Online project review
Yes
certification letter
10
Other documentation to support
If Applicable
Photodoc - 02/20/2023
your conclusions
Instructions
Submit project review packages electronically to Raleighcc fws.
gov. Please indicate in your email subject title if you are submit-
ting a "Review Request Letter" or a "Self -Certification Letter."
All project reviews will receive a return receipt to inform you
that your project has been successfully submitted to this office.
Please note that any single email, including attachments, must
be smaller than 25 MB. If a single email would be larger than
25 MB, please spread out multiple attachments among several
emails (use the same subject name and project reference in all
emails related to an individual project). If this is not practical,
please mail a hard copy or DVD containing the project review
package to our office:
Raleigh Field Office
P.O. Box 33726
Raleigh, NC 27636-3726
Maintain a complete copy of the project review package
in your files since it will become an integral part of your official
record of compliance.
Contact us
If you have questions or
comments concerning this
process, please contact
Leigh Mann at (919)
856-4520 extension 10 or
via email at
[e-mail]
http://Raleigh.fws.gov
Federal Relay Service
for the deaf and hard -of -hearing
1 800/877 8339
U.S. Fish and Wildlife Service
http://www.fws.gov
1 800/344 WILD
January 2017

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Y'ti9:r! h 44'Bk,LtYJft
United States Department of the Interior„"'
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office r
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: May 03, 2023
Project code: 2023-0039212
Project Name: Regency Townhomes
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for 'Regency Townhomes'
Dear Kate Hefner:
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 May 03, 2023, for
'Regency Townhomes' (here forward, Project). This project has been assigned Project Code
2023-0039212 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.

05/03/2023 IPaC Record Locator: 052-125957686
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)
• Monarch Butterfly Danaus plexippus Candidate
• Neuse River Waterdog Necturus lewisi Threatened
• Tricolored Bat Perimyotis sub flavus Proposed Endangered
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 052-125957686. (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.
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.

05/03/2023 IPaC Record Locator: 052-125957686
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2023-0039212 associated
with this Project.

05/03/2023 IPaC Record Locator: 052-125957686 4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Regency Townhomes
2. Description
The following description was provided for the project'Regency Townhomes':
This project is for a proposed residential development in Greenville, NC.
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a)35.557974200000004,-77.39671801582017,14z
,VNn ie7r_ R,0 110
od Rd w.e nptor' Gar t� Ln S

05/03/2023 IPaC Record Locator: 052-125957686
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

05/03/2023 IPaC Record Locator: 052-125957686
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-
s elected -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

05/03/2023 IPaC Record Locator: 052-125957686
11. Will the action cause effects to a bridge?
No
12. Will the action result in effects to a culvert or tunnel?
No
13. 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
14. 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
15. 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
16. 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.
No
17. Will any new road pass between two patches of contiguous forest that are each greater than
or equal to 10 acres in extent and are separated by less than 1,000 feet? Northern long-
eared bats may cross a road by flying between forest patches that are up to 1,000 feet apart.
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 -forested area if the forested patches, added together, comprise at least 10 acres.
No

05/03/2023 IPaC Record Locator: 052-125957686 8
18. Will the action include or cause any construction or other activity that is reasonably certain
to increase average daily traffic on one or more existing roads?
Note: 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
19. Will the increased vehicle traffic occur on any road that lies between any two areas of
contiguous forest that are each greater than or equal to 10 acres in extent and are separated
by less than 1,000 feet? Northern long-eared bats may cross a road by flying between
forest patches that are up to 1,000 feet apart.
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 -forested area if the forested patches, added together, comprise at least 10 acres.
No
20. Will the proposed action involve the creation of a new water -borne contaminant source
(e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)?
No
21. Will the proposed action involve the creation of a new point source discharge from a
facility other than a water treatment plant or storm water system?
No
22. Will the action include drilling or blasting?
No
23. Will the action involve military training (e.g., smoke operations, obscurant operations,
exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)?
No
24. Will the proposed action involve the use of herbicides or pesticides other than herbicides
(e.g., fungicides, insecticides, or rodenticides)?
No
25. Will the action include or cause activities that are reasonably certain to cause chronic
nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise
is noise that is continuous or occurs repeatedly again and again for a long time.
Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-as sisted-determination-key-s elected -definitions
No

05/03/2023 IPaC Record Locator: 052-125957686
26. Does the action include, or is it reasonably certain to cause, the use of artificial lighting
within 1000 feet of suitable northern long-eared bat roosting habitat?
Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at:
https://www.fws. gov/media/northern-long-eared-bat-as sisted-determination-key-s elected -definitions
No
27. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
Yes
28. Has a presence/probable absence summer bat survey targeting the northern long-eared bat
following the Service's Range -wide Indiana Bat and Northern Long -Eared Bat Survey
Guidelines been conducted within the project area? If unsure, answer "No."
No
29. Does the action include emergency cutting or trimming of hazard trees in order to remove
an imminent threat to human safety or property? See hazard tree note at the bottom of the
key for text that will be added to response letters
Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property
and has a diameter breast height of six inches or greater.
No
30. Your project overlaps with an area where northern long-eared bats may be present year-
round. To minimize or avoid impacts to the northern long-eared bat, all activities affecting
trees should not occur from December 15th to February 15th and April 15th to July 30th.
Will any project activites occur from December 15th to February 15th and/or April 15th to
July 30th.
No
31. Will the action cause trees to be cut, knocked down, or otherwise brought down across an
area greater than 1 acre?
Yes

05/03/2023 IPaC Record Locator: 052-125957686
10
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.
12
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.
No
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.
10
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.
0
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

05/03/2023 IPaC Record Locator: 052-125957686 11
IPAC USER CONTACT INFORMATION
Agency:
Timmons Group
Name:
Kate Hefner
Address:
5410 Trinity Road
Address Line 2:
Suite 102
City:
Raleigh
State:
NC
Zip:
27607
Email
[e-mail]
Phone:
8284554636
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers

APPENDIX B

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0039212
Project Name: Regency Townhomes
Y'ti9:r!R 44'BE,LtYJft
r
May 03, 2023
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

05/03/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

05/03/2023
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

05/03/2023
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]

05/03/2023
PROJECT SUMMARY
Project Code: 2023-0039212
Project Name: Regency Townhomes
Project Type: Residential Construction
Project Description: This project is for a proposed residential development in Greenville, NC.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.557974200000004,-77.39671801582017,14z
od Rd V.ke'nptor Dr ty Lq•S
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Counties: Pitt County, North Carolina

05/03/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
REPTILES
NAME STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile: https://ecos.fws.gov/ecp/species/776 (Threatened)
AMPHIBIANS
NAME STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6772

05/03/2023
4
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
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.

05/03/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
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.
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.

05/03/2023
NAME
BREEDING
SEASON
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
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to 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.
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
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 (a)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.

05/03/2023
3
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC I I I L.
Vulnerable
Brown -headed ""' + + "'—',' "
Nuthatch 1 III III, Jill IIII III I IIII 11 .1 +
BCC -BCR
Chimney Swift I
BCC Rangewide+++ ++++ _,1 1 1 1 1 1 I I I I I I I I I I I I I I -- 1++— �'++ --++ ++—+
(CON)
Painted Bunting ++++ ++$+ ++++ ++-1- 1 { 1 1 { { 1 1 +- ++—+-«--.-+— +++— —+++ --++ ++—+
BCC -BCR
Prairie Warbler ++++ ++++ ++++,+_,1 1 1 1 1 1 1 1 1 1 1 1- 1--+— +++— —+++ --++ ++—+

05/03/2023
4
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
++++ ++++ ++++ 1 I I I Jill Jill 1 'I' . I --++ ++ +
Red-headed I I
Woodpecker+++ +�,+ ++++ ® I I I I I I I I I I I I I
BCC Rangewide
(CON)
I I I -- —+++ --++ +'—+
Rusty Blackbird ++++ ++$+ ++++ ++++ ++++ ++++ ++—+ --+— +++— ­+++ --++ ++—+
BCC-BCR
Wood Thrush
BCC Rangewide L L f.. I + ++++, 1- 1- N N- 1- 1' ++—+ - 1 — +++—+++ --++ ++—+
(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/avoidinc-and-minimizinc-incidental-take-mip-ratorv-birds
• 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, bandim
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

05/03/2023
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL,) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
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

05/03/2023
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
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.

05/03/2023
7
IPAC USER CONTACT INFORMATION
Agency:
Timmons Group
Name:
Kate Hefner
Address:
5410 Trinity Road
Address Line 2:
Suite 102
City:
Raleigh
State:
NC
Zip:
27607
Email
[e-mail]
Phone:
8284554636
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers

Roy Cooper, Governor
■■■10 INC DEPARTMENT OF
■■ ■■ NATURAL AND CULTURAL RESOURCES
■ ONE
May 3, 2023
Kate Hefner
Timmons Group
5410 Trinity Road
Raleigh, NC 27607
RE: Regency Townhomes - Update; 56679
Dear Kate Hefner:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy DirectDr, Natural Heritage Program
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:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF N.A,TUFZAI. ANC) Cui_TURAL RESOUPCES
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APPENDIX C

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YOUR VISION ACHIEVED THROUGH OURS.
TIMMONS GROUP JOB NUMBER:56679
U.S.G.S. QUADRANGLE(S):GREENVILLE SW
PROJECT STUDY LIMITS: 19.5 ACRES
DATE(S):2022
LATITUDE: 35.557984
WATERSHED(S):MIDDLE NEUSE (NEUSE RIVER BASIN)
LONGITUDE:-77.397053
HYDROLOGIC UNIT CODE(S):03020202
These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not
limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP.

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APPENDIX D

Regency Townhomes — Habitat Assessment
Representative photo of mixed hardwood and pine
forests in the southeastern portion of the Site.
Representative photo of young mixed hardwood
and pine forests throughout the central portion of
the Site.
Representative photo of maintained early
successional areas in the northern portion of the
Site.
Representative photo of mixed hardwood and pine
forests in the southeastern portion of the Site.
Representative photo of young mixed hardwood
and pine forests throughout the central portion of
the Site.
Representative photo of maintained early
successional areas in the northern portion of the
Site.
TIMMONS GROUP
YOUR Y151ON ACHIEYED THROU6,H OUR5.

Regency Townhomes — Habitat Assessment
MJ .,
Man-made stormwater pond (Feature A) located in
the northwestern portion of the Site.
Representative photo of potentially jurisdictional
open water (Feature F), draining to the stormwater
pond.
Representative photo of potentially jurisdictional
open water (Feature C).
u y 9
Representative photo of potentially jurisdictional
open water (Feature D), draining from the
stormwater pond.
Representative photo of potentially jurisdictional
open water (Feature E), draining to Feature D.
Representative photo of potentially jurisdictional
open water (Feature C).
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OURS,

Regency Townhomes — Habitat Assessment
Representative photo of potentially jurisdictional
open water (Feature G), draining offsite to the north
Representative photo of agricultural fields adjacent
to the eastern and southern boundaries of the Site.
34
�qrp
Representative photo of the man-made stormwater
pond (Feature B) located in the northeastern
portion of the Site.
Representative photo of residential development
adjacent to the western boundary of the Site.
TIMMONS GROUP
YOUR VISION ACHIEVED THROUGH OUR5,

4.: United States Department of the Interior
p
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0039212
Project Name: Regency Townhomes
ear' ln AMMU
WX
June 01, 2023
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

06/01/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.

06/01/2023
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

06/01/2023
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]

06/01/2023
VA
PROJECT SUMMARY
Project Code: 2023-0039212
Project Name: Regency Townhomes
Project Type: Residential Construction
Project Description: This project is for a proposed residential development in Greenville, NC.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.557974200000004,-77.39671801582017,14z
Counties: Pitt County, North Carolina

06/01/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 5 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
REPTILES
NAME STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile: https://ecos.fws.gov/ecp/species/776 (Threatened)
AMPHIBIANS
NAME STATUS
Neuse River Waterdog Necturus lewisi Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6772

06/01/2023
4
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
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.

06/01/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
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.
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.

06/01/2023
NAME
BREEDING
SEASON
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
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to 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.
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
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 (a)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.

06/01/2023
3
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC I I I L.
Vulnerable
Brown -headed ""' + + "'—',' "
Nuthatch 1 III III, Jill IIII III I IIII 11 .1 +
BCC -BCR
Chimney Swift I
BCC Rangewide+++ ++++ _,1 1 1 1 1 1 I I I I I I I I I I I I I I -- 1++— �'++ --++ ++—+
(CON)
Painted Bunting ++++ ++$+ ++++ ++-1- 1 { 1 1 { { 1 1 +- ++—+-«--.-+— +++— —+++ --++ ++—+
BCC -BCR
Prairie Warbler ++++ ++++ ++++,+_,1 1 1 1 1 1 1 1 1 1 1 1- 1--+— +++— —+++ --++ ++—+

06/01/2023
4
BCC Rangewide
(CON)
Prothonotary
Warbler
BCC Rangewide
(CON)
++++ ++++ ++++ 1 I I I Jill Jill 1 'I' . I --++ ++ +
Red-headed I I
Woodpecker+++ +�,+ ++++ ® I I I I I I I I I I I I I
BCC Rangewide
(CON)
I I I -- —+++ --++ +'—+
Rusty Blackbird ++++ ++$+ ++++ ++++ ++++ ++++ ++—+ --+— +++— ­+++ --++ ++—+
BCC-BCR
Wood Thrush
BCC Rangewide L L f.. I + ++++, 1- 1- N N- 1- 1' ++—+ - 1 — +++—+++ --++ ++—+
(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/avoidinc-and-minimizinc-incidental-take-mip-ratorv-birds
• 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, bandim
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

06/01/2023
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL,) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
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

06/01/2023
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
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.

06/01/2023
7
IPAC USER CONTACT INFORMATION
Agency:
Timmons Group
Name:
Kate Hefner
Address:
5410 Trinity Road
Address Line 2:
Suite 102
City:
Raleigh
State:
NC
Zip:
27607
Email
[e-mail]
Phone:
8284554636
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers

Roy Cooper, Governor
on
■o INC DEPARTMENT OF
N )
■■minim NATURAL AND CULTURAL RESOURCES
■ ■®■
June1.2023
Kate Hefner
Timmons Group
5410 Trinity Road
Raleigh, NC 27607
RE: Regency Townhomes - PCN Update
Dear Kate Hefner:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-22155
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:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
09 121 L4 JC)NES STF EET, RALEK_,H. NC 27603 - 1651 r�IAUL 6EPVICE CENTER, PALEIGH. NC
OFC 919 7U7.9120 • FAX [phone]

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