20220220 Ver 2_Brunswick Pines Phase 1 Attachments_20230614

DAVEY#-,
Resource Group
TO: US Army Corps of Engineers
69 Darlington Avenue
Wilmington, NC 28403
June 14, 2023
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Brunswick Pines Subdivision; Phase 1; Brunswick County, NC
NWP 29 Application
Action ID# SAW-2021-02108
DWR Project #: 20220220
To Whom It May Concern:
On behalf of BIRD Land & Investment, LP, Davey Resource Group is submitting a Pre -Construction
Notification form and associated attachments for Phase 1 of the Brunswick Pines Subdivision, located
off Bricklanding Road SW in Shallotte (Brunswick County), NC. The purpose of the project is to
construct a residential subdivision within the tract to serve the housing needs of Brunswick County.
The project proposes to permanently impact 0.314 acre of jurisdictional wetlands and 0.02 acre of
jurisdictional ditches for road crossings to provide access throughout Phase 1 of the site. Additionally,
temporary impacts to 0.01 acre of jurisdictional ditches are needed to install a sewer line. The sewer
line will also cross the Shallotte River (Section 10 waters) and its adjacent wetlands via directional
bore. No impacts to this resource will occur. A CAMA GP will also be obtained for this crossing.
The applicant proposes to purchase 0.6 acre of wetland credit from the Stone Farm Mitigation Bank
to compensate for the permanent wetland impacts.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

BRUNSWICK PINES
Brunswick County, NC
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
3.0 SITE PLAN DRAWINGS
Sheet 1.Overall Site Plan Showing Proposed Impacts
Sheets 2-7. Close Up Views
Sheets 8-9. Cross Sections of Wetland Crossings
Sheet 10. Plan View of Utility Line Corridor
FM3. Plan and Profile of Utility Line
4.0 WETLAND INFORMATION
PJD from USACE for Site
Preliminary Wetland Map for Utility Line Corridor
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC Species List
NLEB NLAA Determination Letter
6.0 STONE FARM MITIGATION BANK CREDIT RESERVATION LETTER

1.0 AGENT AUTHORIZATION FORM

Ak� LMG
LAND MANAGEMENT GROUP
a DAVEY. company
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
Uwe, the undersigned, hereby authorize Land Management Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for Shallotte FMJ tract located in Brunswick County, NC. All questions regarding this project
should be directed to Land Management Group.
Sincerely,
Applicant
Kyle diPretoro on behalf of BRD Land & Investment
January 10, 2022
Print Name
Date
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 • Wilmington, NC 28403

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

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Sheet 10. Plan View of Utility Line Corridor
FM3. Plan and Profile of Utility Line

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4.0 WETLAND INFORMATION
Preliminary JD From USACE for Site
Preliminary Wetland Map for Utility Line Corridor

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-02108 County: Brunswick County
NOTIFICATION OF JURISDICTIONAL DETERNIINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
FMJ Holdings, LLC
David Kingman
3687 Windoot Drive
Southport, NC 28461
[phone]
dkingman(a,dakcpa.com
Size (acres) 317 acres Nearest Town Shallotte, NC
Nearest Waterway Shallotte River River Basin Lower Pee Dee
USGS HUC 03040208 Coordinates Latitude: 33.95085 Longitude:-78.41637
Location description: This 317 acre proiect is located on Pine Lake Drive in Shallotte, Brunswick County, NC.
(Parcel ID: 21300006).
Indicate Which of the Following Apply:
A. Preliminary Determination
X There appear to be waters, including wetlands, on the above described property, that may be subiect to Section 404 of the
Clean Water Act (CWA)(33 USC & 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC & 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary iurisdiction determination may be used in the permit evaluation
process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory
mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD
will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are
iurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction.
_ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
_ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
Page 1 of 2

SAW-2021-02108
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC §
1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
_ There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
_ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been verified by
the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on
your property which, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed
five years from the date of this notification.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at [phone] or
Ga rv.H.Beecher(&usace. army.mil.
C. Basis For Determination: N/A. An Approved JD has not been completed.
D. Remarks: A desk top review was conducted on this application using information obtained from the consultant
(LMG/Davey Resources, Inc.) and from Corps generated QL2 Lidar Maps.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:

SAW-2021-02108
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence. Di itall si ned b Gar H Beecher
Corps Regulatory Official:
Gary H . Beecher Date: 202 07.26 08:45:49-04'00'
Date of ID: Julv 26, 2022 Expiration Date: PJD does not expire
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://re u�r,�.ops.usace.army.mil/customer-service-survey/_
Copy Furnished via e-mail to:
Con%nitant-
Kim William%
Davey Resources, Inc.
3805 Wrightsville Avenue. Suite 15
Wilmington, NC, 28403
[phone]
Kim.William s(&davev.co m

.Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: July 26, 2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: FMJ Holdings LLC Etals 3687 WINGFOOT DR
SOUTHPORT, NC 28461
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, FMJ Holdings Tract, SAW-2021-02108
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Brunswick City: Shallotte
Center coordinates of site (lat/long in degree decimal format):
Lat.: 33.950856 Long.:-78.416372
Universal Transverse Mercator: 17 S 738760.44 m E 3759714.65 m N
Name of nearest waterbody: Shallotte River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
x❑ Office (Desk) Determination. Date: July 26, 2022
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
Latitude
Longitude
Estimated amount
Type of aquatic
Geographic authority
number
(decimal
(decimal
of aquatic resource
resource (i.e., wetland
to which the aquatic
degrees)
degrees)
in review area
vs. non -wetland
resource "may be"
(acreage and linear
waters)
subject (i.e., Section
feet, if applicable)
404 or Section 101404)
W1
43.9 ac
Wetland waters
Section 404
33.95363799
78.41831909
W2
0.3 ac
Wetland waters
Section 404
33.955241
78.4155998
W3
0.02 ac
Wetland waters
Section 404
33.95547018
78.41624547
W4
0.5 ac
Wetland waters
Section 404
33.95476607
78.41694255
W5
0.08 ac
Wetland waters
Section 404
33.95551259
78.41509661
W6
0.9 ac
Wetland waters
Section 404
33.95342631
78.41763202
W7
3.1 ac
Wetland waters
Section 404
33.9534612
78.4158913

W8
0.2 ac
Wetland waters
Section 404
33.95260362
78.41964402
W9
0.4 ac
Wetland waters
Section 404
33.95239301
78.41863383
W10
1.2 ac
Wetland waters
Section 404
33.95231455
78.41735083
Wit
13.7 ac
Wetland waters
Section 404
33.94765522
78.41005513
W 12
13.7 ac
Wetland waters
Section 404
33.94831464
78.40926402
W13
5.6 ac
Wetland waters
Section 404
33.94730498
78.41647467
W14
0.8 ac
Wetland waters
Section 404
33.94525882
78.41838548
W15
0.04 ac
Wetland waters
Section 404
33.94573159
78.41746382
W16
0.08 ac
Wetland waters
Section 404
33.94397164
78.41954961
W17
4.9 ac
Wetland waters
Section 404
33.94581922
78.42265332
W18
0.4 ac
Wetland waters
Section 404
33.94785738
78.42456923
W19
33.951124
78.412859
3.5 ac
Wetland waters
Section 404
W20
33.951448
78.417601
0.4 ac
Wetland waters
Section 404
W21
33.951366
78.418429
0.2 ac
Wetland waters
Section 404
W22
33.949843
78.411249
0.2 ac
Wetland waters
Section 404
S 1
730 L.F.
on -Wetland waters
Section 404
33.946211
78.424206
S2
3,280 L.F.
on -Wetland waters
Section 404
33.950614
78.419891
S3
730 L.F.
on -Wetland waters
Section 404
33.957181
78.414551
S4
1,970 L.F.
on -Wetland waters
Section 404
33.954627
78.41996
SS
580 L.F.
on -Wetland waters
Section 404
33.947767
78.415572
T1
110 L.F.
on -Wetland waters
Section 404
-78.41565379
33.95555837

T2
630 L.F.
on -Wetland waters
Section 404
-78.41598382
33.95560504
T3
140 L.F.
on -Wetland waters
Section 404
-78.4170548
33.95559958
T4
370 L.F.
on -Wetland waters
Section 404
-78.41683625
33.95590762
TS
1,140 L.F.
on -Wetland waters
Section 404
-78.41794065
33.95349802
T6
320 L.F.
on -Wetland waters
Section 404
-78.41797555
33.95493294
T7
460 L.F.
on -Wetland waters
Section 404
-78.41669283
33.95499459
T8
240 L.F.
on -Wetland waters
Section 404
-78.4180627
33.95313409
T9
400 L.F.
on -Wetland waters
Section 404
-78.4198352
33.9527222
T 10
130 L.F.
on -Wetland waters
Section 404
-78.41892434
33.95255069
T l l
150 L.F.
on -Wetland waters
Section 404
-78.41816242
33.95216802

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) theapplicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative orjudicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: Section 404/401 Preliminary Delineation Sketch
0 Data sheets prepared/submitted by or on behalf of the PJDrequestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:.
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
■❑ U.S. Geological Survey map(s). Cite scale & quad name: USGS Brunswick County GIS Mosaic
0 Natural Resources Conservation Service Soil Survey. Citation: Brunswick County GIS Soils Data .
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ❑■ Aerial (Name & Date): NAPP 1998, NC OneMap 2020 Aerial Photography
or ❑ Other (Name & Date):
❑ Previous determination (s). File no. and date of response letter:
❑x Other information (please specify): Corps generated QL2 Lidar Maps
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Coros and should not be relied uaon for later jurisdictional
determinations.
Digitally signed by Gary H.
Gary H. Beecher Beecher
Date: 2022.07.26 08:45:22-04'00'
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
LMG (agent)

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L:\Wetlands\2021 Wetlands Files\DRGNCW21.240\utility linemaps\ N 0 50 100 20
FMJ Holdings utility corridor 0 preliminary sketch.mxd 0
Boundaries are approximate and not meant to be absolute. ft
Scale applies to 11 X17" print.
Map Source: 2020 NC OneMap
Brunswick Pines
DAVEY�
Section 404/401
Utility Corridor
Brunswick County, NC
Resource Group
Delineation
April2023
3805WrightsvilleAvenue
Wilmington,
PreliminarySketch
DRGNCW21.240
[phone]

5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC Species List
NLEB NLAA Determination Letter

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
June 2, 2023
Kim Williams
Davey Resource Group, Inc.
3805 Wrightsville Avenue
Wilmington, NC 28403
RE: Brunswick Pines Phase 1
Dear Kim Williams:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, 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.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
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 documented within the project area or 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.
Also please note that 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 an occurrence of a Federally -listed species is 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
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0089073
Project Name: Brunswick Pines
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June 02, 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

06/02/2023
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.

06/02/2023
3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

06/02/2023
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]

06/02/2023
PROJECT SUMMARY
Project Code: 2023-0089073
Project Name: Brunswick Pines
Project Type: Residential Construction
Project Description: Residential development
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)33.9508358,-78.41665409920927,14z
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Counties: Brunswick County, North Carolina

06/02/2023 3
ENDANGERED SPECIES ACT SPECIES
There is a total of 14 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
BIRDS
NAME
STATUS
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus ru fa
Threatened
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/7614

06/02/2023
4
REPTILES
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: https:Hecos.fws.gov/ecp/species/776
(Threatened)
Green Sea Turtle Chelonia mydas
Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Endangered
There is proposed critical habitat for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5523
Leatherback Sea Turtle Dermochelys coriacea
Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/1493
Loggerhead Sea Turtle Caretta caretta
Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/1110
SNAILS
NAME
STATUS
Magnificent Ramshorn Planorbella magni fica Proposed
There is proposed critical habitat for this species. Your location does not overlap the critical Endangered
habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6216
INSECTS
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
Cooley's Meadowrue Thalictrum cooleyi
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2747
STATUS
Candidate
STATUS
Endangered
Endangered

06/02/2023
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.

06/02/2023
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
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliates Breeds Apr 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
https:Hecos.fws.gov/ecp/species/8935

06/02/2023
VA
NAME
BREEDING
SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Black Skimmer Rynchops niger Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15
and Alaska.
https:Hecos.fws.gov/ecp/species/523
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25
and Alaska.
Gull -billed Tern Gelochelidon nilotica Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
https:Hecos.fws.gov/ecp/species/9501
King Rail Rallus elegans Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Sep 5
and Alaska.
https:Hecos.fws.gov/ecp/species/8936
Lesser Yellowlegs Tringa flavipes Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9679
Marbled Godwit Limosa fedoa Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9481
Painted Bunting Passerina ciris Breeds Apr 25
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15
(BCRs) in the continental USA
Prairie Warbler Dendroica discolor Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.

06/02/2023
3
NAME
BREEDING
SEASON
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Short -billed Dowitcher Limnodromus griseus Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/ecp/species/9480
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Wilson's Plover Charadrius wilsonia
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
Breeds Apr 20
to Aug 5
Breeds Apr 1 to
Aug 20
Breeds May 10
to Aug 31
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee

06/02/2023
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
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
American Kestrel BCC - BCR ""'+++ +", + I I 1 I I I ++++ +001
American Oystercatcher 111111+1 MIN loll 1011111111111111111111111111-+1+
BCC Rangewide
(CON)
Bald Ea
Non-BCCe 11 1 1 1 1 mill 11011INO -+I+
Vulnerable

06/02/2023
5
Black Skimmer
11,+1,+1 +111 1,11 1111 IN JIM
1111 1111 —+0
BCC Rangewide
(CON)
Brown -headed
Nuthatch
11II 1I11 mill mill IIII jj�l II 1 1 1
1 1 111■+111+11—++1
BCC - BCR
Chimney Swift
BCC Rangewide
��■� �++
+++
(CON)
Gull -billed Tern
BCC Rangewide ++++ ++++ ++' �A LL 10
(CON)
King Rail
BCC Rangewide
---- ---- ---- ---- — ---- ---- ---- ----
(CON)
Lesser BCC Rangewide es +011 ++++ +1++ JOIN 0+++ ++1$ +0011000 001+ +10+ ++++ -1++
(CON)
Marbled Godwit
BCC Rangewide +0++ ++++ ++++ ++++ ++0+ ++1+ ++0+ 0+0+1+++ ++„ ++++ —+++
(CON)
Painted Bunting +++_I I ++ 0+„ 0"' ,"' 0"0 +0++ 001+ ++++ ++++ —+++
BCC -BCR
Prairie Warbler
BCC Rangewide ++++ ++++ +++, ++++,++++++ +++� ++++ ++�+ ++++ ++++ —+++
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL +AUG SEP OCT NOV DEC
Prothonotary ++++
Warbler ++++ ++++ + I I I I I I ++ ++++ *+++ ++++ ++++ ++++ —+++
BCC Rangewide
(CON)
Red-headed Woodpecker +0++ +11+ ++++ 00111+++ I I I I I I I I I I I I++++ ++++ ++++ ++�
BCC Rangewide
(CON)
Ruddy Turnstone 0+1+ "+' +01+ MII oil „m $"' Jill',++ I++' Im —++I
BCC -BCR
Rusty Blackbird ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
BCC -BCR
Short -billed Dowitcher IN 1+11 mill II111111 +111 Jill II11111I Jill 1111-111
BCC Rangewide
(CON)
C BC Rangewide 111111111111111111111111 !1111111111111111111 —111
BCC
(CON)

06/02/2023
BCC Ra Plover �� BCC Rangewide ++ +�
(CON) -- —�
Wood Thrush
BCC Rangewide I I I I I I I
(CON)
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.

06/02/2023
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
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.

06/02/2023 8
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
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.

06/02/2023
E
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Kim Williams
Address:
3805 Wrightsville Avenue; Suite 15
City:
Wilmington
State:
NC
Zip:
28403
Email
[e-mail]
Phone:
9104520001
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Gary Beecher
Email: [e-mail]
Phone: [phone]

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: 2023-0089073
Project Name: Brunswick Pines
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for 'Brunswick Pines'
Dear Kim Williams:
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June 02, 2023
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 June 02, 2023, for
'Brunswick Pines' (here forward, Project). This project has been assigned Project Code
2023-0089073 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.

06/02/2023 IPaC Record Locator: 070-127246274
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
• American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
• Cooley's Meadowrue Thalictrum cooleyi Endangered
• Green Sea Turtle Chelonia mydas Threatened
• Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
• Leatherback Sea Turtle Dermochelys coriacea Endangered
• Loggerhead Sea Turtle Caretta caretta Threatened
• Magnificent Ramshorn Planorbella magni fica Proposed Endangered
• Monarch Butterfly Danaus plexippus Candidate
• Piping Plover Charadrius melodus Threatened
• Red Knot Calidris canutus rufa Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
• Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
• Tricolored Bat Perimyotis subflavus 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 070-127246274. (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.

06/02/2023 IPaC Record Locator: 070-127246274
3
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2023-0089073 associated
with this Project.

06/02/2023 IPaC Record Locator: 070-127246274 4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Brunswick Pines
2. Description
The following description was provided for the project 'Brunswick Pines':
Residential development
The approximate location of the project can be viewed in Google Maps: https://
www. google.com/maps/(?33.9508358,-78.41665409920927,14z
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06/02/2023 IPaC Record Locator: 070-127246274
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

06/02/2023 IPaC Record Locator: 070-127246274 6
6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
7. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
10. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key
selected -definitions
No

06/02/2023 IPaC Record Locator: 070-127246274
11. 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
12. Will the action cause effects to a bridge?
No
13. Will the action result in effects to a culvert or tunnel?
No
14. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
15. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
16. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
Yes
17. Will any new road go through any area of contiguous forest that is greater than or equal to
10 acres in total extent?
Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by
less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres.
Yes

06/02/2023 IPaC Record Locator: 070-127246274 8
18. For every 1,000 feet of new road that crosses between contiguous forest patches, will there
be at least one place where bats could cross the road corridor by flying less than 33 feet
(10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road
surface?
No
19. Will the proposed action result in the cutting or other means of knocking down, bringing
down, or trimming of any trees suitable for northern long-eared bat roosting?
Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating
bark, cracks, crevices, and/or cavities.
Yes

06/02/2023 IPaC Record Locator: 070-127246274
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.
150
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring
staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and-
staging-areas
0
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for
spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-
swarming-and-staging-areas
150
Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at
breast height, dbh) be cut, knocked, or brought down from any portion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre.
Yes
Enter the extent of the action area (in acres) from which all potential NLEB roost trees will
be removed. If all NLEB roost trees will be removed from multiple areas, entire the total
extent of those areas. Round up to the nearest tenth of an acre.
150
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

06/02/2023 IPaC Record Locator: 070-127246274 10
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Kim Williams
Address:
3805 Wrightsville Avenue; Suite 15
City:
Wilmington
State:
NC
Zip:
28403
Email
[e-mail]
Phone:
9104520001
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Gary Beecher
Email: [e-mail]
Phone: [phone]

6.0 SFMB CREDIT RESERVATION LETTER

STONE FARM REGIONAL MITIGATION BANK
CREDIT REQUEST ACCEPTANCE
Date: 06/12/2023
BRD Land and Investment
259 Textile Way, Suite 102
Fort Mill, SC 29715
Project Name: Brunswick Pines
Expiration of Acceptance: 12/12/2023
SFMB Number:
Dear Kyle DiPretoro:
DRAFT
Stone Farm Mitigation Bank, LLC
2618 New Village Way
Wilmington, NC 28405
[phone]
The purpose of this letter is to notify you that the Stone Farm Regional Mitigation Bank (Bank) is willing to
accept payment for impacts associated with the above referenced project. Please note that this decision
does not assure that the payment will be approved by the permit issuing agencies as mitigation for project
impacts. It is the responsibility of the applicant to contact these agencies to determine if payment to the
Bank will be approved. It is also the responsibility of the applicant to determine the appropriate credit ratios
that will be required for the corresponding wetland and/or stream impacts. You must also comply with all
other state, federal or local government permits, regulations or authorizations associated with the proposed
activity.
This acceptance is valid for six (6) months from the date of this letter and is not transferable. If we have not
received payment for the accepted credits of the issued 404 Permit/401 Certification/CAMA permit
within this time frame, this acceptance will expire. Predicated on the total payment due to the Bank, as
set forth herein, a ten (10) percent non-refundable deposit is due at the time of acceptance by the Bank. It is
the applicant's responsibility to send copies of their permits to the Bank. Once the Bank receives a copy of
the permit(s), an invoice will be issued based on the information identified below. Payment must be made
prior to conducting the authorized work. It is the applicant's responsibility to ensure that the credit types and
amounts identified below are consistent with the compensatory mitigation requirements of the permit(s)
issued. The Bank and/or its agents are not responsible for determining the applicant's mitigation
requirements.
Based on the information supplied by the applicant, the impacts that may require compensatory mitigation
are summarized in the following table:
CU Location
Stream (ft.)
Wetlands ac.
Nonri arian
Riparian
Impact
03040208
.314
Credits
.6
Note that the impact and credit totals above were provided by the applicant. It is the applicant's
responsibility to provide accurate information (including the requested mitigation credits). The Bank and/or
its agents are not responsible for determining the required credit amounts. The Bank's decision to accept
credits is based upon the information provided by the applicant. The Bank is not liable for any credit
shortage should the applicant's required mitigation credits exceed the amount specified in the above table.

Basad upon the type and amouml9 of credits requested above, the following payment must he provided to
the Bank prior to Issuance of credits:
Credit Type
Unit
Per Unit Credit Fee
Sub -Total
Stream
0
$646.12
$0.00
Nonripafian Wetland
D.6
$70.939.17
$42,563.50
Riparian Wetland
0
$70,039.17
$0.00
Total Payment Due
$42,563.50
Non-refundable Deposit
$4,266.35
Balance Due Upon Invoice
$38,307-15
Upon receipt of full payment, the Bank will take responsifbilily for providing the compensatory mitigation. It
the regulatory agencies require mitigation credits greater than indicated above, and should the applicant
want the Bank to provide such credits, it is the appficant's responsibility to submit an additional credit
request form to the Bank.
If you have any questions or need additional information, please contact Jordan Cline at 91d-251-8543 or
jardan@dwenierprises. net
Sincerely, R
G -�' . P P
Jordar5 Clione
Stone Farm Mitigation Bank, LLC
ec: NCDVVQ-Raleigh
USAGE
NCDVVQ-Local
Agent