20230947 Ver 1_RHF_EPCNAttachments_063023_20230630

DocuSign Envelope ID: EAE9A837-6F67-42A0-B953-0503484E5CFE
Inver Environmental Consulting, LLC
inver105 W 41h St, Suite 700, Winston-Salem NC 27101
June 30, 2023
Ms. Katharine Elks
Wilmington Regulatory Field Office
US Army Corps of Engineers
Delivered via email
RE: Clean Water Act Section 404 Nationwide Permit Application
Rick Herrema Foundation (RHF) Walking Trail
USACE Action ID SAW 2015-00648
Cumberland County, North Carolina
Dear Ms. Elks;
www.inverenv.com
[phone]/[phone]
The purpose of this application is to request issuance of a Nationwide Permit (NWP) 18 for the Rick
Herrema Foundation (RHF) walking trail. Impacts to wetlands potentially under the jurisdiction of the
Clean Water Act (CWA) have occurred and are anticipated for the completion of this project. This letter
describes the project history and other information not included in the associated electronic Pre -
Construction Notification (PCN). Also enclosed is supporting documentation for the application
including Figures, Engineering Plan, Boardwalk Design, and other referenced supporting materials.
Based on our review of the NWP 18 and corresponding General Certification (GC) 4249, written
notification is required for the NWP, but the project seems to meet all conditions of the GC. Therefore,
the NC Division of Water Resources are being provided a courtesy copy of this application.
SITE INFORMATION & HISTORY
The project is located at 5572 Shenandoah Drive in Fayetteville, NC (Figure 1). It lies within the Rockfish
Creek sub -watershed in the Cape Fear River Basin (HUC 030300040609) and is situated just west of
Beaver Creek (Figures 2-4).
The RHF manages "Rick's Place" on the site, which is a recreational retreat for military service members
and their families. The site consists of a visitor center/office and associated outbuildings, as well as
recreational components including covered tables, playgrounds, and obstacle course. The southern
portion of the property, where the proposed project is located, is relatively developed with open,
regularly managed fields and recreational areas.
The potential CWA wetlands on the site were first delineated by ESI, Inc. in 2014. A site visit was held
with Emily Greer on November 3, 2014 to field verify the potential wetlands on site. Updated
delineation files based on that visit were provided in 2015, and an expanded delineation including all
parcels owned by RHF was submitted in 2016. At that time a potential violation related to unauthorized
fill or clearing was noted in correspondence and seemed to be resolved by the end of the year. An
unrelated permit application was submitted by Hazen & Sawyer on 5/18/18 for the City of Fayetteville

DocuSign Envelope ID: EAE9A837-6F67-42A0-B953-0503484E5CFE
RHF Walking Trail
June 30, 2023
stormwater improvements that encroached on the site. Prior to this application being retracted, USACE
confirmed the delineation on the RHF site was verified. Subsequent communication between various
parties at RHF regarding pond and trail construction occurred in 2020 and 2021, but no action was taken
at that time.
In 2022, under new RHF management, trail construction began and encroached into the delineated
wetlands as shown on Attachment 1. Work was immediately halted when the current management
personnel were notified that the fill was unauthorized. At that time RHF contracted with Gradient, PLLC
and Inver Environmental Consulting, LLC to review the site and trails and recommend a path forward.
Inver contacted the USACE (Ms. Liz Hair) immediately to discuss the project and possible solution. Due
to some discrepancies in the records at RHF, after several managerial changes, and USACE records, a
FOIA request was made by RHF to ensure that both parties had similar documentation of the site
history. The summary of the history of the site provided above is based on this records review. The
result of this effort is the associated PCN for minimal unavoidable impacts and restoration of existing
wetland impacts described below.
PROPOSED PROJECT
The proposed project is intended to address the existing unauthorized fill in wetlands, while also
providing a pedestrian walking trail on the RHF site. The purpose of the trail is to allow for passive
recreation for military personnel and their families of all ages to get exercise and stress relief through
walking in a relatively natural setting. Military service places severe mental health burdens on both
service personnel and their families, especially during extended assignments. Not all families have easy
access to outdoor settings away from military bases, and the RHF site provides this retreat. In addition
to activities, camps, and programs, having a quiet space to walk and engage with other families in
similar situations facilitates family stability.
The proposed trail creates a loop around the southern, primarily developed, parcel of the RHF site, and
would allow walkers to pass through recreational areas and alongside a pond constructed in uplands,
then through a natural area along a stream channel and wooded area. The loop system allows for this
experience in a peaceful and cohesive walk and interconnectivity to the pond and recreational areas
allows access for all ages and abilities.
The trail will be constructed in upland areas of stone ballast bordered by timber rails, and covered with
crushed concrete to allow ease of pedestrian passage. The proposed wetland crossing (Site 2) to
complete the loop will be comprised of a six-foot wide boardwalk detailed in Attachment 2. This
boardwalk is proposed to be at most 2.5 feet above natural grade. If the boardwalk is raised any higher,
it would require hand rails for safety, which would prevent issuance of a No Rise certification for the
project. The proposed boardwalk therefore is lower to ensure pedestrian safety while also complying
with flood plain regulations.
The existing crossing of a small linear wetland and ditch (Site 1) connecting the larger wetland to the
adjacent stream will be retained. This crossing consists of four 10" corrugated plastic pipes that
maintain the hydrology in the adjacent wetland while preventing washout of the trail in heavy rainfall

DocuSign Envelope ID: EAE9A837-6F67-42A0-B953-0503484E5CFE
RHF Walking Trail
June 30, 2023
through this outlet. Disturbance of this small area to remove the fill and replace with boardwalk was
evaluated but considered impractical due to the limited function and width of the wetland and ditch.
The two areas of existing trail in wetlands (Sites 3 and 4) will be removed completely. The timber rails
will be removed by hand and the stone removed via small backhoe, or other similar method, from within
the existing disturbed corridor. Since the trail is constructed at grade, minimal ground disturbance is
anticipated. If the natural grade is maintained after the excavation of fill materials, the existing natural
soil will be disced to alleviate compression, and a native wetland seed mix will be applied to the areas,
along with straw for stabilization. If, after excavation of the fill, the areas are below natural grade,
existing clean topsoil from the pond excavation will be used to recreate natural grades in the wetland,
and seeding will be performed.
Total impacts from the proposed work at Sites 1-4, described above are detailed in the associated ePCN.
The total cubic yards of fill or excavation are estimated to be 22.4 cubic yards. This is an overestimate
which accounts for temporary excavation below the existing trail segments being removed.
The pond proposed is to be excavated entirely in uplands. Site evaluation along the perimeter of the
pond, outside the wetland areas shows no restrictive layer. A Skaggs Method analysis of potential
drainage of the adjacent wetlands was performed and is included as Attachment 3. This analysis shows
that the required buffer for an excavation at this location would be approximately 76 feet. The pond is
at least this distance from the closest wetland boundary and therefore wetland hydrology should not be
affected by drainage due to the pond construction.
Endangered Species Act
Table 1 presents the federally listed species resulting from the US Fish and Wildlife Service (USFWS)
Information for Planning and Consultation (IPaC) database for the site (Attachment 4). These species
are listed as having potential to occur on site. A biological conclusion is proposed, if applicable for each
species, and justification for each conclusion is provided below.
TABLE 11 — Federally Listed Species (IPaC Database 06109123)
Common Name
Scientific Name
Federal
Status
Habitat
Present?
Proposed
Conclusion
Tricolored Bat
Perimyotis subflavus
PE
Yes
N/A
Red -cockaded woodpecker
Picoides borealis
E
No
No Effect
American alligator
Alligator mississippiensis
TSA
No
No Effect
Monarch butterfly
Danaus plexippus
C
Possible
N/A
American chaffseed
Schwalbea americana
E
No
No Effect
Michaux's sumac
Rhus michauxii
E
Marginal
No Effect
Pondberry
Lindera melissifolia
E
Yes
No Effect
Rough -leaved loosestrife
Lysimachia asperulaefolia
E
Marginal
No Effect
Tricolored Bat: Since this species is proposed but not formally listed as endangered, no
biological conclusion or consultation under Section 7 of the ESA is required at this time. Clearing

DocuSign Envelope ID: EAE9A837-6F67-42A0-B953-0503484E5CFE
RHF Walking Trail
June 30, 2023
4
for the remaining unconstructed areas of the trail would be limited to the boardwalk and
connecting trail to the north. The trail will be constructed within a corridor comprised of shrubs
(i.e. Ligustrum sinense) which is too small in diameter to provide habitat for this species.
Red -cockaded woodpecker: Using the March 2022 SLOPES protocol, the site may be located
within a RCW consultation area, and the species is listed on the project -specific IPaC report
(Attachment 4). However, no habitat is present within the proposed project area since no pines
will be removed for the construction of the trail.
American Alligator: No habitat for this species is present within the proposed work area. The
only surface water feature near the site is Beaver Creek on the property boundary to the east.
No impact to this feature is proposed.
Monarch Butterfly: Potential habitat cannot be eliminated as milkweed plants may be present
in some areas of the site, as no surveys were performed. However, the species is listed as
candidate and is not currently proposed for listing in the federal register.
American chaffseed: No habitat is present on the site. While disturbed and maintained areas
are present, these areas are well maintained and do not experience fire, which is required for
chaffseed to reproduce.
Michaux's Sumac: The maintained areas of the site are either mowed on a regular basis and do
not provide sufficient habitat for this species or heavily overgrown. No individuals of this species
were observed in the project area.
Pondberry: Habitat for pondberry may be present within the wetlands on the site, but no
individuals of this species were observed within the project area. The proposed boardwalk area
is dominated by privet and not suitable habitat.
Rough -leaved loosestrife: The maintained areas of the site are either mowed on a regular basis
and do not provide sufficient habitat for this species, or heavily overgrown. No individuals of
this species were observed in the project area.
The NC Natural Heritage Program Data Explorer (Attachment 5) does not have any records of federally
protected species on the site or within a one -mile radius.
Historic Preservation Act
Based on a review of the State Historic Preservation Office (SHPO) HPOWeb database there are no
records of historical resources within one mile of the project area. The walking trail will be constructed
in previously disturbed areas and wetlands. Therefore, archaeological remains are unlikely to be
present.

DocuSign Envelope ID: EAE9A837-6F67-42A0-B953-0503484E5CFE
RHF Walking Trail 5
June 30, 2023
We would appreciate your consideration of this information during the review of this permit application
and look forward to your favorable review of this project. Please contact me at your convenience if you
have any questions or require further information.
Sincerely,
Inver Environmental Consulting, LLC
DocuSigned by:
P��p
PhIIIEA 6 8a39ADE54E4..
p y
Senior Consultant/Managing Member
Cc: Chad Turlington, NC Division of Water Resources
Kevin Stewart, Rick Herrema Foundation
Gordon Rose, P.E., Gradient PLLC
Attachment List:
• Agent Authorization Form
• Figure 1— Project Vicinity Map
• Figure 2 — USGS Map
• Figure 3 — NRCS Soil Survey Map
• Figure 4 — National Wetland Inventory Map
• Attachment 1: Trail Plan (Existing and Proposed)
• Attachment 2: Boardwalk Design
• Attachment 3: Lateral Effect Summary
• Attachment 4: USFWS IPaC Report
• Attachment 5: NCNHP Report

Inver Environmental Consulting, LLC www.inverenv.com
105 W 41h St, Suite 700, Winston-Salem NC 27101 [phone]/[phone]
RIGHT OF ENTRY & AGENT AUTHORIZATION
To Whom it May Concern:
This letter is documentation that Inver Environmental Consulting, LLC has authority granted by Rick
Herrema Foundation to act as their authorized representative in communication with federal and state
agencies as it related to Clean Water Act jurisdiction, including submission of jurisdictional
determination requests and permit applications, for the following properties:
Property Information:
Address: 5572 Shenandoah Drive, Fayetteville NC 28304
Owner: Rick Herrema Foundation, Inc.
PIN: 0406-85-0047, 0406-86-1529, 0406-83-2812
Size: 47.5 acres
I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon
the property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of
the Clean Water Act an or Sectio of the Rivers and Harbors Act of 1899.
Signature: 71/
Name: Kevin Stewart
Title: Site Director
Date: �'2 323

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Attachment 1
RF
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4
294 LF
allowet[and impact
Ins,de flocidplain
No wetland impact
/Inside floodplain
portion inside floodway
.11 1 F
126 LF = 871 SF
? Assume 2" depth of
excavation = 5 CY
117 LF
No wetland impact
Inside flocidplain
360 LF
No wetland impact
Inside floodplain 6
- - - - - - 259 LF = 1,859 SF - - -
Assume 2 depth of
excavation 12
SITE 4
- - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - -
20 LF 184 SF
Assume 6" depth of - - - - - - - -
material 3.5 CY SITE 1
137 LF
No wetland impact - - - - - - - - - - - - -
Inside flocidplain
- - - SITE 2 55 LF BOARDWALK
ACROSS WETLANDS
4"x 4"POST EVERY 5'
= 22 POSTS (2 SIDES)
= 2.5 SF TOTAL IMPACT
307 LF
Existing Trail: no wetland impact No wetland impact
160 LF inside floodway
Existing Trail: wetland impact (to remain) = 3.5 CY
Existing Trail; to be removed and restored = 17 CY
Proposed Trail; no wetland impact
Proposed Trail; wetland impact (boardwalk) = 2.5 SF
- - - - - - - - - - -
- - - - - - - - - - --
RICK HERREMA FOUNDATION DATE",.: RHF.MAR 1, M11 REVISIONS
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Attachment 3
********************************************************************************
----Lateral Effect Program Summary ----
Application of Skaggs Method
Copyright 2006-2014. Brian D Phillips, R Wayne Skaggs, G M Chescheir
North Carolina State University Dept of Biological & Agricultural Engineering
Version: 2.8.1.0
Project Run Date and Time: 11/15/2022 9:09:59 AM
Output Filename: C:\LateralEffect\outputs\Lateral_Effect_Summary.txt
********************************************************************************
Project Information
Project : RHF
User: Phil May
Company / Agency: Inver Environmental Consulting
Department:
Project Location: Fayetteville NC
Project Coordinates:
Soil ID:
Notes:
Site Parameters
------------------------------------------------------------------
State: North Carolina
County / Parish: Cumberland
Surface Storage: 2_inch_(5.0_cm)
Ditch Depth or Depth to Water Surface: 2 ft
Depth to Restrictive Layer: 6.7 ft
Drainable Porosity: 0.04
Hydroperiod: 14 days
User defined T25 or Default T25: DEFAULT
T25 value: 5.4 days
User Conductivity or Soil Survey Conductivity: SOIL SURVEY
Weighted Hydraulic Conductivity: 3.0960 in/hr
Hydraulic Conductivity Data by Layer for Soil: GoA_Goldsboro
Weighted Hydraulic Conductivity Calculated Using: Average K Values
Bottom Depth in Low K in/hr High K in/hr Average K in/hr
Layer 1 8.00 1.98 19.98 10.98423
Layer 2 15.00 1.98 19.98 10.98423
Layer 3 45.00 0.57 1.98 1.275588

Layer
4
80.00
0.57
1.98
1.275588
Layer
5
0.00
0.00
0.00
0.00
Layer
6
0.00
0.00
0.00
0.00
Layer
7
0.00
0.00
0.00
0.00
Layer
8
0.00
0.00
0.00
0.00
Lateral Effect: 76.4 ft

IPaC: Explore Location resources
https://ipac. ecosphere.fws.-ov/location/ZLHFQW5XCNGJ7H S4XF...
Attachment 4
IPaC
IPaC resource list
U.S. Fish & Wildlife Service
This report is an automatically generated list of species and other resources such as
critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife
Service's (USFWS) jurisdiction that are known or expected to be on or near the project
area referenced below. The list may also include trust resources that occur outside of the
project area, but that could potentially be directly or indirectly affected by activities in the
project area. However, determining the likelihood and extent of effects a project may have
on trust resources typically requires gathering additional site -specific (e.g.,
vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed
activities) information.
Below is a summary of the project information you provided and contact information for
the USFWS office(s) with jurisdiction in the defined project area. Please read the
introduction to each section that follows (Endangered Species, Migratory Birds, USFWS
Facilities, and NWI Wetlands) for additional information applicable to the trust resources
addressed in that section.
Location
Cumberland County, North Carolina
Local office
Raleigh Ecological Services Field Office
t. [phone]
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IMAWIII►[91G1B7ll001S9.
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
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Endangered species
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI
includes areas outside of the species range if the species could be indirectly affected by
activities in that area (e.g., placing a dam upstream of a fish population even if that fish
does not occur at the dam site, may indirectly impact the species by reducing or
eliminating water flow downstream). Because species can move, and site conditions can
change, the species on this list are not guaranteed to be found on or near the project
area. To fully determine any potential effects to species, additional site -specific and
project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list
from either the Regulatory Review section in IPaC (see directions below) or from the local
field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program
of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National
Oceanic and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under theirjurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC
also shows species that are candidates, or proposed, for listing. See the listing status
page for more information. IPaC only shows species that are regulated by USFWS (see
FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
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office of the National Oceanic and Atmospheric Administration within the Department
of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME
Tricolored Bat Perimyotis subflavus
Wherever found
No critical habitat has been designated for this species
https://ecos.fws.gov/ecp/species/10515
Birds
►1_1111s
Red -cockaded Woodpecker Picoides borealis
STATUS
Proposed Endangered
STATUS
Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Reptiles 0
NAME STATUS
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
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American Chaffseed Schwalbea americans Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1286
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Pondberry Lindera melissifolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1279
Rough -leaved Loosestrife Lysimachia asperulaefolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747
Critical habitats
Endangered
Endangered
Endangered
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
You are still required to determine if your project(s) may have effects on
all above listed species.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden
Eagle Protection Acts.
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.
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1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
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
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.
NAME
Brown -headed Nuthatch Sitta pusilla
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
BREEDING SEASON
Breeds Mar 1 to Jul 15
Breeds Mar 15 to Aug 25
Breeds May 10 to Sep 10
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Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most
likely to be present in your project area. This information can be used to tailor and
schedule your project activities to avoid or minimize impacts to birds. Please make sure
you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid
cell(s) your project overlaps during a particular week of the year. (A year is represented as
12 4-week months.) A taller bar indicates a higher probability of species presence. The
survey effort (see below) can be used to establish a level of confidence in the presence
score. One can have higher confidence in the presence score if the corresponding survey
effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events
in the week where the species was detected divided by the total number of survey
events for that week. For example, if in week 12 there were 20 survey events and the
Spotted Towhee was found in 5 of them, the probability of presence of the Spotted
Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of
presence at week 12 (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.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
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.
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Survey Effort ( )
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.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
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
headed
�1+1 1111'11kIL
■1„11' ■111 1+ ft
d111 — . . _ _ .IN
Nuthatch
BCC - BCR
Chimney
++++ ++++
+MWF ��' 111111
4-4-4-+'++
0ii
-- — — 1
Swift
BCC
Rangewide r/
(CON) eq
Red-headed I I I I I I + ++++ +++' +"'--+—
Woodpecker ■■ ■
BCC �
Rangewide
(CON)
Rusty ++++ ++++ ++'+ ++++ ++++ ++++ ++++ ++++ +­++ ++++ ---- --+—
Blackbird
BCC - BCR
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.
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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 (BCC) and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey_, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention
because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species
that has a particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project
area. It is not representative of all birds that may occur in your project area. To get a list of all birds
potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided
by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey,
banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to
interpret them, go the Probability of Presence Summary and then click on the "Tell me about these
graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a
bird on your migratory bird species list has a breeding season associated with it, if that bird does occur
in your project area, there may be nests present at some point 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
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longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid
and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean
Data Portal. The Portal also offers data and information about other taxa besides birds that may be
helpful to you in your project review. Alternately, you may download the bird model results files
underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive
Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project
webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For
additional information on marine bird tracking data, see the Diving Bird Study_ and the nanotag studies
or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of
priority concern. To learn more about how your list is generated, and see options for identifying what
other birds may be in your project area, please see the FAQ "What does IPaC use to generate the
migratory birds potentially occurring in my specified location". Please be aware this report provides the
"probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact
project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by
the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high
survey effort is the key component. If the survey effort is high, then the probability of presence score
can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of
data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply
a starting point for identifying what birds of concern have the potential to be in your project area, when
they might be there, and if they might be breeding (which means nests might be present). The list helps
you know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities, should
presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about
conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom
of your migratory bird trust resources page.
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Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands
Inventory (NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps
Co —
of Engineers District.
Wetland information is not available at this time
This can happen when the National Wetlands Inventory (NWI) map service is unavailable,
or for very large projects that intersect many wetland areas. Try again, or visit the NWI
map to view wetlands at this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis
of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography.
A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any
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particular site may result in revision of the wetland boundaries or classification established through
image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the
image analysts, the amount and quality of the collateral data and the amount of ground truth
verification work conducted. Metadata should be consulted to determine the date of the source
imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.
There may be occasional differences in polygon boundaries or classifications between the information
depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the
design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state,
or local government or to establish the geographical scope of the regulatory programs of government
agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland
areas should seek the advice of appropriate Federal, state, or local agencies concerning specified
agency regulatory programs and proprietary jurisdictions that may affect such activities.
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Attachment 5
Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■ 'm NATURAL AND CULTURAL RESOURCES
■ ■■
June 9. 2023
Philip May
Inver Environmental Consulting, LLC
105 West 4th Street
Winston-Salem, NC 27101
RE: RHF Walking Trail
Dear Philip May:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-22259
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
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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Attachment 3
********************************************************************************
----Lateral Effect Program Summary ----
Application of Skaggs Method
Copyright 2006-2014. Brian D Phillips, R Wayne Skaggs, G M Chescheir
North Carolina State University Dept of Biological & Agricultural Engineering
Version: 2.8.1.0
Project Run Date and Time: 11/15/2022 9:09:59 AM
Output Filename: C:\LateralEffect\outputs\Lateral_Effect_Summary.txt
********************************************************************************
Project Information
Project : RHF
User: Phil May
Company / Agency: Inver Environmental Consulting
Department:
Project Location: Fayetteville NC
Project Coordinates:
Soil ID:
Notes:
Site Parameters
------------------------------------------------------------------
State: North Carolina
County / Parish: Cumberland
Surface Storage: 2_inch_(5.0_cm)
Ditch Depth or Depth to Water Surface: 2 ft
Depth to Restrictive Layer: 6.7 ft
Drainable Porosity: 0.04
Hydroperiod: 14 days
User defined T25 or Default T25: DEFAULT
T25 value: 5.4 days
User Conductivity or Soil Survey Conductivity: SOIL SURVEY
Weighted Hydraulic Conductivity: 3.0960 in/hr
Hydraulic Conductivity Data by Layer for Soil: GoA_Goldsboro
Weighted Hydraulic Conductivity Calculated Using: Average K Values
Bottom Depth in Low K in/hr High K in/hr Average K in/hr
Layer 1 8.00 1.98 19.98 10.98423
Layer 2 15.00 1.98 19.98 10.98423
Layer 3 45.00 0.57 1.98 1.275588

Layer
4
80.00
0.57
1.98
1.275588
Layer
5
0.00
0.00
0.00
0.00
Layer
6
0.00
0.00
0.00
0.00
Layer
7
0.00
0.00
0.00
0.00
Layer
8
0.00
0.00
0.00
0.00
Lateral Effect: 76.4 ft

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Attachment 4
IPaC
IPaC resource list
U.S. Fish & Wildlife Service
This report is an automatically generated list of species and other resources such as
critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife
Service's (USFWS) jurisdiction that are known or expected to be on or near the project
area referenced below. The list may also include trust resources that occur outside of the
project area, but that could potentially be directly or indirectly affected by activities in the
project area. However, determining the likelihood and extent of effects a project may have
on trust resources typically requires gathering additional site -specific (e.g.,
vegetation/species surveys) and project -specific (e.g., magnitude and timing of proposed
activities) information.
Below is a summary of the project information you provided and contact information for
the USFWS office(s) with jurisdiction in the defined project area. Please read the
introduction to each section that follows (Endangered Species, Migratory Birds, USFWS
Facilities, and NWI Wetlands) for additional information applicable to the trust resources
addressed in that section.
Location
Cumberland County, North Carolina
Local office
Raleigh Ecological Services Field Office
t. [phone]
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Iij [phone]
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IMAWIII►[91G1B7ll001S9.
Post Office Box 33726
Raleigh, NC 27636-3726
PHYSICAL ADDRESS
551 Pylon Drive, Suite F
Raleigh, NC 27606-1487
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Endangered species
The primary information used to generate this list is the known or expected range of each
species. Additional areas of influence (AOI) for species are also considered. An AOI
includes areas outside of the species range if the species could be indirectly affected by
activities in that area (e.g., placing a dam upstream of a fish population even if that fish
does not occur at the dam site, may indirectly impact the species by reducing or
eliminating water flow downstream). Because species can move, and site conditions can
change, the species on this list are not guaranteed to be found on or near the project
area. To fully determine any potential effects to species, additional site -specific and
project -specific information is often required.
Section 7 of the Endangered Species Act requires Federal agencies to "request of the
Secretary information whether any species which is listed or proposed to be listed may be
present in the area of such proposed action" for any project that is conducted, permitted,
funded, or licensed by any Federal agency. A letter from the local office and a species list
which fulfills this requirement can only be obtained by requesting an official species list
from either the Regulatory Review section in IPaC (see directions below) or from the local
field office directly.
For project evaluations that require USFWS concurrence/review, please return to the IPaC
website and request an official species list by doing the following:
1. Draw the project location and click CONTINUE.
2. Click DEFINE PROJECT.
3. Log in (if directed to do so).
4. Provide a name and description for your project.
5. Click REQUEST SPECIES LIST.
Listed speciesi and their critical habitats are managed by the Ecological Services Program
of the U.S. Fish and Wildlife Service (USFWS) and the fisheries division of the National
Oceanic and Atmospheric Administration (NOAA Fisheries).
Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown
on this list. Please contact NOAA Fisheries for species under theirjurisdiction.
1. Species listed under the Endangered Species Act are threatened or endangered; IPaC
also shows species that are candidates, or proposed, for listing. See the listing status
page for more information. IPaC only shows species that are regulated by USFWS (see
FAQ).
2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
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office of the National Oceanic and Atmospheric Administration within the Department
of Commerce.
The following species are potentially affected by activities in this location:
Mammals
NAME
Tricolored Bat Perimyotis subflavus
Wherever found
No critical habitat has been designated for this species
https://ecos.fws.gov/ecp/species/10515
Birds
►1_1111s
Red -cockaded Woodpecker Picoides borealis
STATUS
Proposed Endangered
STATUS
Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/7614
Reptiles 0
NAME STATUS
American Alligator Alligator mississippiensis SAT
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/776
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
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American Chaffseed Schwalbea americans Endangered
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1286
Michaux's Sumac Rhus michauxii
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/5217
Pondberry Lindera melissifolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/1279
Rough -leaved Loosestrife Lysimachia asperulaefolia
Wherever found
No critical habitat has been designated for this species.
https://ecos.fws.gov/ecp/species/2747
Critical habitats
Endangered
Endangered
Endangered
Potential effects to critical habitat(s) in this location must be analyzed along with the
endangered species themselves.
There are no critical habitats at this location.
You are still required to determine if your project(s) may have effects on
all above listed species.
Migratory birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden
Eagle Protection Acts.
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.
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1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
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
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.
NAME
Brown -headed Nuthatch Sitta pusilla
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Chimney Swift Chaetura pelagica
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
This is a Bird of Conservation Concern (BCC) throughout its
range in the continental USA and Alaska.
BREEDING SEASON
Breeds Mar 1 to Jul 15
Breeds Mar 15 to Aug 25
Breeds May 10 to Sep 10
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Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular
Bird Conservation Regions (BCRs) in the continental USA
Probability of Presence Summary
The graphs below provide our best understanding of when birds of concern are most
likely to be present in your project area. This information can be used to tailor and
schedule your project activities to avoid or minimize impacts to birds. Please make sure
you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid
cell(s) your project overlaps during a particular week of the year. (A year is represented as
12 4-week months.) A taller bar indicates a higher probability of species presence. The
survey effort (see below) can be used to establish a level of confidence in the presence
score. One can have higher confidence in the presence score if the corresponding survey
effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events
in the week where the species was detected divided by the total number of survey
events for that week. For example, if in week 12 there were 20 survey events and the
Spotted Towhee was found in 5 of them, the probability of presence of the Spotted
Towhee in week 12 is 0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of
presence in week 20 for the Spotted Towhee is 0.05, and that the probability of
presence at week 12 (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.
To see a bar's probability of presence score, simply hover your mouse cursor over the bar.
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.
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Survey Effort ( )
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.
To see a bar's survey effort range, simply hover your mouse cursor over the bar.
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
headed
�1+1 1111'11kIL
■1„11' ■111 1+ ft
d111 — . . _ _ .IN
Nuthatch
BCC - BCR
Chimney
++++ ++++
+MWF ��' 111111
4-4-4-+'++
0ii
-- — — 1
Swift
BCC
Rangewide r/
(CON) eq
Red-headed I I I I I I + ++++ +++' +"'--+—
Woodpecker ■■ ■
BCC �
Rangewide
(CON)
Rusty ++++ ++++ ++'+ ++++ ++++ ++++ ++++ ++++ +­++ ++++ ---- --+—
Blackbird
BCC - BCR
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.
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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 (BCC) and other
species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian Knowledge
Network (AKN). The AKN data is based on a growing collection of survey_, banding, and citizen science
datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid
cell(s) which your project intersects, and that have been identified as warranting special attention
because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species
that has a particular vulnerability to offshore activities or development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project
area. It is not representative of all birds that may occur in your project area. To get a list of all birds
potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data provided
by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey,
banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information becomes
available. To learn more about how the probability of presence graphs are produced and how to
interpret them, go the Probability of Presence Summary and then click on the "Tell me about these
graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering,
migrating or year-round), you may query your location using the RAIL Tool and look at the range maps
provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a
bird on your migratory bird species list has a breeding season associated with it, if that bird does occur
in your project area, there may be nests present at some point 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
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longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in
particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of
rangewide concern. For more information on conservation measures you can implement to help avoid
and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species and
groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean
Data Portal. The Portal also offers data and information about other taxa besides birds that may be
helpful to you in your project review. Alternately, you may download the bird model results files
underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive
Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project
webpage.
Bird tracking data can also provide additional details about occurrence and habitat use throughout the
year, including migration. Models relying on survey data may not include this information. For
additional information on marine bird tracking data, see the Diving Bird Study_ and the nanotag studies
or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of
priority concern. To learn more about how your list is generated, and see options for identifying what
other birds may be in your project area, please see the FAQ "What does IPaC use to generate the
migratory birds potentially occurring in my specified location". Please be aware this report provides the
"probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact
project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by
the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high
survey effort is the key component. If the survey effort is high, then the probability of presence score
can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of
data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply
a starting point for identifying what birds of concern have the potential to be in your project area, when
they might be there, and if they might be breeding (which means nests might be present). The list helps
you know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities, should
presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about
conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom
of your migratory bird trust resources page.
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Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must
undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the
individual Refuges to discuss any questions or concerns.
There are no refuge lands at this location.
Fish hatcheries
There are no fish hatcheries at this location.
Wetlands in the National Wetlands
Inventory (NWI)
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under
Section 404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps
Co —
of Engineers District.
Wetland information is not available at this time
This can happen when the National Wetlands Inventory (NWI) map service is unavailable,
or for very large projects that intersect many wetland areas. Try again, or visit the NWI
map to view wetlands at this location.
Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level
information on the location, type and size of these resources. The maps are prepared from the analysis
of high altitude imagery. Wetlands are identified based on vegetation, visible hydrology and geography.
A margin of error is inherent in the use of imagery; thus, detailed on -the -ground inspection of any
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particular site may result in revision of the wetland boundaries or classification established through
image analysis.
The accuracy of image interpretation depends on the quality of the imagery, the experience of the
image analysts, the amount and quality of the collateral data and the amount of ground truth
verification work conducted. Metadata should be consulted to determine the date of the source
imagery used and any mapping problems.
Wetlands or other mapped features may have changed since the date of the imagery or field work.
There may be occasional differences in polygon boundaries or classifications between the information
depicted on the map and the actual conditions on site.
Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of
aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or
submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and
nearshore coastal waters. Some deepwater reef communities (coral or tuberficid worm reefs) have also
been excluded from the inventory. These habitats, because of their depth, go undetected by aerial
imagery.
Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may define and describe
wetlands in a different manner than that used in this inventory. There is no attempt, in either the
design or products of this inventory, to define the limits of proprietary jurisdiction of any Federal, state,
or local government or to establish the geographical scope of the regulatory programs of government
agencies. Persons intending to engage in activities involving modifications within or adjacent to wetland
areas should seek the advice of appropriate Federal, state, or local agencies concerning specified
agency regulatory programs and proprietary jurisdictions that may affect such activities.
12 of 12 6/9/2023, 12:45 PM

Attachment 5
Roy Cooper, Governor
■ ■■■
r ■■ ■ INC DEPARTMENT OF
■■ 'm NATURAL AND CULTURAL RESOURCES
■ ■■
June 9. 2023
Philip May
Inver Environmental Consulting, LLC
105 West 4th Street
Winston-Salem, NC 27101
RE: RHF Walking Trail
Dear Philip May:
❑. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-22259
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
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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