20231090 Ver 1_Cypress Pointe Attachments_20230804

DAVEY#-.
Resource Group
August 4, 2023
TO: US Army Corps of Engineers
2407 W. 51" Street
Washington, NC 27889
RE: Cypress Pointe S/D; Pitt County, NC
NWP 29, 58, & 18 Application
Action ID# SAW-2021-01301
To Whom It May Concern:
NC Division of Water Resources
943 Washington Square Mall
Washington, NC 27889
On behalf of Clark Builders, LLC, Davey Resource Group is submitting a Pre -Construction Notification
form and associated attachments for the Cypress Pointe residential subdivision located in Greenville,
NC. The purpose of the project is to construct a residential subdivision to serve the housing needs of
Greenville.
The project proposes to permanently impact 0.02 acre of open water (jurisdictional ditch), 83 LF of
stream (0.01 acre), 0.133 acre of Zone 1 riparian buffer, and 0.071 acre of Zone 2 riparian buffer for
lot fill, a road crossing, and stormwater outfalls. Additionally, temporary impacts to 96 LF of stream,
0.116 acre of Zone 1 riparian buffer, and 0.124 acre of Zone 2 riparian buffer are needed for a sewer
line and stormwater outfall. Compensatory mitigation for permanent Zone 1 buffer impacts is
proposed at a 3:1 ratio.
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

CYPRESS POINTE S/D
Pitt County, NC
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM & PRE -FILE REQUEST
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
Figure 5. Overall Site Plan Showing Proposed Impacts
Figure 6. Impact #1 (Lot Fill — Open Water Impact)
Figure 7. Impacts #2 (Stormwater Outfall) & #3 (Road Crossing)
Figure 8. Impacts #4 & #5 (Stormwater Outfall)
Figure 9. Impact #6 (Sewer Line Crossing)
Figure 10. Impact #7 (Stormwater Outfall)
Figure 11. Road Cross Section at Stream
Figure 12. Stormwater Outfall Cross Section
4.0 PRELIMINARY JURISDICTIONAL DETERMINATION
5.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC Species List
USFWS NLEB MANLAA Determination
6.0 CORRESPONDENCE FROM MITIGATION BANK

1.0 AGENT AUTHORIZATION FORM &
PRE -FILE REQUEST

0
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Davey Resource Group to act as our agent in the
preparation and representation of information related to the Section 404/401 permit application
for the Cypress Pointe Subdivision located in Greenville, NC (Pitt County). All questions
regarding this project should be directed to Davey Resource Group.
Sincerely,
Applicant
C ►�<< aIJ; lec
Print Name
Date
Phone: [phone] • Fax: [phone]
3805 Wrightsville Avenue, Suite 15 9 Wilmington, NC 28403

7/14/23, 3:33 PM The Davey Tree Expert Company Mail - Cypress Pointe; Pitt Co.; Pre -File Request
tat
DAVEYS
Cypress Pointe; Pitt Co.; Pre -File Request
1 message
Williams, Kim <[e-mail]>
To: 401 [e-mail]
Williams, Kim <[e-mail]>
Fri, Jun 9, 2023 at 1:30 PM
Hello -
I am working with Bill Clark Homes on a residential development off Hwy 33 in Greenville and stream/buffer impacts are
anticipated. A site plan is currently being developed.
Client: Bill Clark Homes c/o Lance Clark; ([e-mail]
Site: Cypress Point S/D; off Hwy 33; Greenville, NC (Pitt County)
This email serves as our pre -filing meeting request.
Thanks so much!
Kim
Kim Williams I Section Manager
Davey Resource Group, Inc.
Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: [phone]
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403
DAVEY .
Resource Group
Visit our local office page
https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view= pt&sea rch =a ll&pe rmth id =th read -a: r1849916170733644706%7Cmsg-a:r-53891446782687213... 1 /1

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

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Map Source: World Street Map
Cypress Pointe
Pitt County, NC DAVEY o Figure 1.
Resource Group Vicinity Map
August 2023 3805 Wrightsville Avenue
DRGNCW21.226 Wilmington, NC 28403
(910) 452-0-0001

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Map Source: USGS Topographic Map - Pitt Co Mosaic
Cypress Pointe
Pitt County, NC DAVEY
Resource Group
August 2023 3805 Wrightsville Avenue
DRGNCW21.226 Wilmington, 28403
(910) 452-0-0001
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Figure 2.
Topographic Map

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Boundaries are approximate and not meant to be absolute. 0 450 900 1,8 Feet
Map Source: GIs Soils Data for Pitt Co.
Cypress Pointe
Pitt County, NC
August 2023
DRGNCW21.226
DAVEY#
Resource Group
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
Figure 3.
Soils Map

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Figure 4.
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Aerial Photo
August 2023
3805 Wrightsville Avenue
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Wilmington, NC 28403
(910) 452-0-0001

3.0 SITE PLAN DRAWINGS
Figure 5. Overall Site Plan Showing Proposed Impacts
Figure 6. Impact #1 (Lot Fill — Open Water Impact)
Figure 7. Impacts #2 (Stormwater Outfall) & #3 (Road Crossing)
Figure 8. Impacts #4 & #5 (Stormwater Outfall)
Figure 9. Impact #6 (Sewer Line Crossing)
Figure 10. Impact #7 (Stormwater Outfall)
Figure 11. Road Cross Section at Stream
Figure 12. Stormwater Outfall Cross Section

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BUFFER IMPACT 4B:
Zone 1 (Temp): 0.02 ac (862 sf)
Zone 2 (Temp): 0.024 ac (1,033 sf)
PR
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BUFFER IMPACT 6A:
Zone 1 (Perm): 0.007 ac (292 sf)
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PRELIMINARY: NOT FOR CONSTRUCTION; FOR PERMITTING PURPOSES ONLY
SCALE: 1" = 40'
-- Stream
— Riparian Buffer SITE DESIGN AND SURVEYING INFORMATION PROVIDED BY:
CYPRESS POINTE
--- Proposed Riparian Buffer Impacts
S 57ROiJi)INGIIVEERING, P.A
Pitt County, NC
N 107-8 COMMERCE STREET
GREENVILLE, NC 27858
[phone]
Figure B. Impacts #4 & #5: Stormwoter Dutfoll
(Buffer Impacts)

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4.0 PRELIMINARY JURISDICTIONAL DETERMINATION

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-01301 County: Pitt U.S.G.S. Quad: NC -Greenville SE
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Bill Clark Homes of Greenville, LLC
Mr. Landon Weaver
Address: 200 E. Arlington Boulevard
Greenville, North Carolina 27858
Telephone Number: 252-814-1481
E-mail: lweaver(dbillclarkhomes.com
Size (acres) 165.8 Nearest Town Greenville
Nearest Waterway Tar River River Basin Pamlico
USGS HUC 03020103 Coordinates Latitude: 35.586859
Longitude:-77.294979
Location description: The review area is comprised of a portion of 6 parcels adjacent to the property located at 4891 NC-33 E in
Greenville, NC. Parcel Index Numbers: 5607613203, 5607606824, 5607607990, 5607731749, 5607633624, and 5607538582
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/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. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/4/2021. 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
reauest an abbroved 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 project area/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,
including wetlands on your project area/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.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/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, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the 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, including wetlands on your project area/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, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

SAW-2021-01301
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the 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 project area/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 the 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.
❑ 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 Morehead City, NC, at [phone] 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 Emilv B. Thompson at [phone] or
Emily.B.ThompsonC&usace.armv.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 9/28/2021.
D. Remarks: None
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in 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:
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
AND
PHIL,IP.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 Not applicable.
**It is not necessary to submit an RFA form the Division Office if you do not object to the determination in this correspondence. * *
Corps Regulatory Official: ..
Date of JD: 9/28/2021 Expiration Date of JD: Not applicable

SAW-2021-01301
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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.anny.mil/cm_apex/Vp=136:4:0
Copy furnished (via e-mail)
Agent: Land Management Grout)
Mr. Paul Farlev
Address: 3805 Wrightsville Avenue, Suite 15
Wilmington, North Carolina 28403
Telephone Number: 910-452-0001
E-mail: ofarleynlmmut).net

All boundaries and distances are considered approximate. This
represents a preliminary map prepared from field sketches. A su vey of
delineated areas and review and approval by the US Army Corps of
Engineers is recommended prior to specific site planning. Delineation
reviewed and approved by Eimily Thompson of the USACE on 7/29/21
Wetlands associated with swamp bottom may contain upland
islands that were not delineated in the field due to limited access.
The extent of wetlands shown in this area is the maximum limits of
jurisdiction.
Ab
.- it
. . uu -
Aw _
i T3
S T4
` ` sill
101,
T1 r ,,
T6
*c„An w
Ma►�k� ,a R T5
Legend
QProject Area - 165.8 acres i
Potential Uplands - 116.9 ac (70%)
- Potential Wetlands - 49.0 ac (30%)
Potential US Waters (Buffered Stream) - 3367 If
Potential US Waters (Intermittent Stream) - 250 If
Potential US Waters (non -stream) - 635 If
Approximate Tar/Pamlico Buffer Areas �F e
- Outparcel -,
L:\Wetlands\2021\LMG21.226\maps\hwy33 tract_ approved sketch. mxd N 0 250 500 1,000
Boundaries are approximate and not meant to be absolute. Feet
Map Source: 2016 NC Onemap Aerial Photograph Scale applies to 11X17" print.
ALI
Hwy Tract LMG
Pitt County INC
LAND MANAGEMENT GROUP Section 404/401 Delineation
Ma Date: 8/4/21 aaVrf —p—y Preliminary Sketch
Map 3805 Wrightsville Avenue
LMG21.226 Wilmington, NC 28403
[phone]

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Bill Clark Homes of Greenville. LLC, Mr.
File Number: SAW-2021-01301
Date: 9/28/2021
Landon Weaver
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
©
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.anny.mil/Missions/CivilWorks/Res ulatolyPros4ramandPennits.aspx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section 11 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEA BJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Emily B. Thompson
ADMINISTRATIVE APPEAL REVIEW OFFICER
Washington Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
2407 West Fifth Street
ATLANTA, GEORGIA 30303-8803
Washington, North Carolina 27889
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(&USACE.ARMY.MIL,
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportuni to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Emily B. Thompson, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proff' 'ered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 9/28/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Bill Clark Homes of Greenville, LLC, Mr.
Landon Weaver, 200 E. Arlington Boulevard, Greenville, North Carolina 27858
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Highway 33 Tract/Bill Clark
Homes of Greenville, LLC/Pitt, SAW-2021-01301
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The review area is comprised of a
portion of 6 parcels adjacent to the property located at 4891 NC-33 E in Greenville, NC. Parcel Index
Numbers: 5607613203, 5607606824, 5607607990, 5607731749, 5607633624, and 5607538582
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Pitt City: Greenville
Center coordinates of site (lat/long in degree decimal format): Latitude: 35.586859 Longitude:-77.294979
Universal Transverse Mercator: 18
Name of nearest waterbody: Tar River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
®Field Determination. Date(s): July 29, 2021
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Estimated amount
Geographic
authority to which
of aquatic
Type of aquatic
the aquatic
Site Number
Latitude (decimal
Longitude
resource in review
resource (i.e.,
resource "may be"
degrees)
(decimal degrees)
area (acreage and
wetland vs. non-
subject (i.e.,
linear feet, if
wetland waters)
Section 404 or
applicable)
Section 10/404
SAW-2021-01301
35.58824
-77.29856
2387 feet
Non -wetland waters
Section 404
T1
SAW-2021-01301
T2
35.59399
-77.29868
978 feet
Non -wetland waters
Section 404
SAW-2021-01301
35.59089
-77.29539
250 feet
Non -wetland waters
Section 404
T3
SAW-2021-01301
35.59077
-77.29463
153 feet
Non -wetland waters
Section 404
T4
SAW-2021-01301
35.584
-77.2944
357 feet
Non -wetland waters
Section 404
T5
SAW-2021-01301
T6
35.58559
-77.29345
124 feet
Non -wetland waters
Section 404
SAW-2021-01301
35.59278
77.29553
49 acres
Wetland
Section 404
Wetland 1
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 AID 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 AID before
accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AID 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) the applicant 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 AID 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 or judicial compliance or enforcement action, or in any administrative
appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or
a PJD, the 7D will be processed as soon as practicable. Further, an AID, 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 AID 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 subj ect 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 are included in the administrative
record and are appropriately cited:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Land
Management Group
Map: Hwv 33 Tract 8-4-21
® Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
® Office concurs with data sheets/delineation report.
❑ Office does not concurwith data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑Corps navigable waters' study:
0U.S. Geological Survey Hydrologic Atlas:
® USGS NHD data: USACE National Regulatory Viewer — SAD — NC
❑USGS 8 and 12 digit HUC maps:
® U.S. Geological Survey map(s). Cite scale & quad name: Figure 2: USGS Tovouavhv
®Natural Resources Conservation Service Soil Survey. Citation: Figure 4: USDA-NRCS SoilWeb
® National wetlands inventory map(s). Cite name: USACE National Regulatory Viewer — SAD — NC
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: USACE National Regulatory Viewer — SAD — NC
❑ 100-year Floodplain Elevation is:
❑Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
(National Geodetic Vertical Datum of 1929)
❑ Previous determination(s). File no. and date of response letter:
® Other information (please specify): Gen2 LiDAR; Antecedent Precipitation Tool
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later iurisdictional determinations.
Signature d date of Regulato y
staff member completing PJD
9/28/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable)'
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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.

SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items are included in the administrative
record and are appropriately cited:
❑X Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Land
Management Group
Map: Hwy 33 Tract 8-4-21
®Data sheets prepared/submitted by or on behalf of the PJD requestor. Datasheets:
❑X Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Ration
❑Data sheets prepared by the Corps:
❑Corps navigable waters' study:
®U.S. Geological Survey Hydrologic Atlas:
©USGS NHD data: USACE National Regulatory Viewer —SAD — NC
❑USGS 8 and 12 digit HUC maps:
DU.S. Geological Survey map(s). Cite scale & quad name: Figure 2: IFSGS To o ra h
®Natural Resources Conservation Service Soil Survey. Citation: Figure 4: USDA-NRCS SaiiWeb
© National wetlands inventorymap(s). Citename: USACE National Regulatory Viewer —SAD --NC
❑ State/local wetland inventory map(s):
® FEMA/FIRM maps: USACE National Regulatory Viewer — SAD — NC
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
El Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
El Previous determination(s). File no. and date of response letter:
®Other information (please specify): Gen2 LiDAR, Antecedent Precipitation Tool
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps
and should not be relied upon for later jurisdictional determinations.
Signature ind date of Regulato'y
staff member completing PJD
9/28/2021
Signature and date of person requesting PJD
(REQUIRED, unless obtaining the signature is
impracticable) 1
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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.

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

Roy Cooper, Governor
■■■■ INC DEPARTMENT OF
■■ ■■ NATURAL AND CULTURAL RESOURCES
■ mom
July 14, 2023
Kim Williams
Davey Resource Group, Inc.
3805 Wrightsville Avenue
Wilmington, NC 28403
RE: Cypress Pointe
Dear Kim Williams:
D_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-22674
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
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERviCE CENTER. RALEIGH. NC 276W
OFC 919.707.9120 • FAX 9*307,9121

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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: 2023-0104975
Project Name: Cypress Pointe
July 14, 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

07/14/2023
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.

07/14/2023
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Marine Mammals

07/14/2023
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]

07/14/2023
PROJECT SUMMARY
Project Code: 2023-0104975
Project Name: Cypress Pointe
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/@35.5885501,-77.29661057776491,14z
Counties: Pitt County, North Carolina

07/14/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 9 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
S TATU S
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
West Indian Manatee Trichechus manatus
Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: https://ecos.fws.gov/ecp/species/4469
REPTILES
NAME
S TATU S
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: https://ecos.fws.gov/ecp/species/776
(Threatened)

07/14/2023
4
AMPHIBIANS
NAME
S TATU S
Neuse River Waterdog Necturus lewisi
Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6772
CLAMS
NAME
S TATU S
Atlantic Pigtoe Fusconaia masoni
Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5164
Dwarf Wedgemussel Alasmidonta heterodon
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/784
Tar River Spinymussel Parvaspina steinstansana
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1392
INSECTS
NAME
S TATU S
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

07/14/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treater 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
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.

07/14/2023
NAME
BREEDING
SEASON
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
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
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
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.
Short -billed Dowitcher Limnodromus griseus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https:Hecos.fws.gov/ecp/species/9480
PROBABILITY OF PRESENCE SUMMARY
Breeds Apr 1 to
Jul 31
Breeds May 10
to Sep10
Breeds
elsewhere
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

07/14/2023
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.
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
ri an Kestrel Jill
--1-11
-
Jill
Jill
Jill
Jill
+ -1-1-1
—111
—111
—111
BCC
j�■
Bald .,.°„';: lill ll� Jill ll�i1 11-��1111 ■IIII
NuthatchBrown-headed lill lill Jill lill low—, --�+ — — — — --11
BCC -BCR

07/14/2023 4
Chimney Swift --+— —+-- +—— Jill —� —'�+ ­++
BCC Rangewide
(CON)
Lesser Yellowlegs
BCC Rangewide
(CON)
Prairie Warbler Jill Jill IF! —BCC Rangewide +— -- -- — — — — -- ++—� +—+' ++-- ­+ ---- --+—
(CON)
Prothonotary
Warbler +--- — — — — — — — — Jill Jill — +'++ + —+-- 4- ---- --+—
BCC Rangewide �i�i�
(CON)
Red-headed Woodpecker HU
+—
A— A-11111101 Jill Jill Jill 11-1 -111 Al —1
BCC Rangewide
(CON)
Short -billed
+---
Dowitcher
-- +-- — — — — — — — — +—" ---+ ---- --+—
— — — — — — — — ++ +
BCC Rangewide
(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-miuratorv-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.

07/14/2023
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 longline fishing).

07/14/2023
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Lorin.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
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.

07/14/2023
MARINE MAMMALS
Marine mammals are protected under the Marine Mammal Protection Act. Some are also
protected under the Endangered Species Act! and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears,
manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins,
and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on
this list; for additional information on those species please visit the Marine Mammals page of the
NOAA Fisheries website.
The Marine Mammal Protection Act prohibits the take of marine mammals and further
coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife
Service Field Office shown.
1. The Endangered Species Act (ESA) of 1973.
2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) is a treaty to ensure that international trade in plants and animals does not
threaten their survival in the wild.
3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
NAME
West Indian Manatee Trichechus manatus
Species profile: https://ecos.fws.gov/ecp/species/4469

07/14/2023
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Kim Williams
Address:
3805 Wrightsville Avenue
Address Line 2: Suite 15
City: Wilmington
State: NC
Zip: 28403
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: 2023-0104975
Project Name: Cypress Pointe
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for'Cypress Pointe'
Dear Kim Williams:
1:-M
F I:iJi 8 W'nIL4 P:
io7 'R
August 01, 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 August 01, 2023, for
'Cypress Pointe' (here forward, Project). This project has been assigned Project Code
2023-0104975 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
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. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
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.

08/01/2023 IPaC Record Locator: 337-129861150
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)
• Atlantic Pigtoe Fusconaia masoni Threatened
• Dwarf Wedgemussel Alasmidonta heterodon Endangered
• Monarch Butterfly Danaus plexippus Candidate
• Neuse River Waterdog Necturus lewisi Threatened
• Tar River Spinymussel Parvaspina steinstansana Endangered
• Tricolored Bat Perimyotis sub flavus Proposed Endangered
• West Indian Manatee Trichechus manatus Threatened
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above. Note that if a new species is listed that may be affected by the
identified action before it is complete, additional review is recommended to ensure compliance
with the Endangered Species Act.
Next Step
Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds,
permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal
representative. Therefore, the ESA consultation status is incomplete and no project activities
should occur until consultation between the Service and the Federal action agency (or designated
non-federal representative), is completed.
As the federal agency or designated non-federal representative deems appropriate, they should
submit their determination of effects to the Service by doing the following.
1. Log into IPaC using an agency email account and click on My Projects, click "Search by
record locator" to find this Project using 337-129861150. (Alternatively, the originator of
the project in IPaC can add the agency representative to the project by using the Add
Member button on the project home page.)
2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to
ensure that they are accurate.
3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to
a concurrence letter. Download the concurrence letter for your files if needed.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical

08/01/2023 IPaC Record Locator: 337-129861150
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 2023-0104975 associated
with this Project.

08/01/2023 IPaC Record Locator: 337-129861150 4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Cypress Pointe
2. Description
The following description was provided for the project'Cypress Pointe':
residential development
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)35.5885501,-77.29661057776491,14z
4'=
Hi. H.iiw y 7

08/01/2023 IPaC Record Locator: 337-129861150
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

08/01/2023 IPaC Record Locator: 337-129861150
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 anv 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-kU-
selected -definitions
No

08/01/2023 IPaC Record Locator: 337-129861150
11. Your project overlaps with an area where northern long-eared bats maybe 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?
Yes
14. Do the interior dimensions of the culvert or tunnel equal or exceed 4.0 feet (1.3 meters) in
height and 130 feet (40 meters) in length? Answer "No" if the affected culvert(s) or tunnel
is smaller in either of these two dimensions.
No
15. 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
M
16. 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
17. 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
18. 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

08/01/2023 IPaC Record Locator: 337-129861150
19. 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
20. 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

08/01/2023 IPaC Record Locator: 337-129861150
PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed - round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
12
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
12
Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at
breast height, dbh) be cut, knocked, or brought down from any portion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre.
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.
12
For the area from which all potential northern long-eared bat (NLEB) roost trees will be
removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed
to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are
removed will be developed or otherwise converted to non -forest for the foreseeable future.
2
Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which
all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought
down?
No
Will all project activities by completed by April 1, 2024?
No

08/01/2023 IPaC Record Locator: 337-129861150 10
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Kim Williams
Address:
3805 Wrightsville Avenue
Address Line 2:
Suite 15
City:
Wilmington
State:
NC
Zip:
28403
Email
[e-mail]
Phone:
9104520001
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Billy Standridge
Email: [e-mail]
Phone: [phone]

6.0 CORRESPONDENCE FROM MITIGATION BANK

8/4/23, 4:17 PM The Davey Tree Expert Company Mail - Re: Cypress Pointe S/D; request for buffer credits
Re: Cypress Pointe S/D; request for buffer credits
1 message
Jeff Becker <[e-mail]>
Reply -To: [e-mail]
To: "Williams, Kim" <[e-mail]>
Cc: Salina Campbell <[e-mail]>
Williams, Kim <[e-mail]>
Fri, Aug 4, 2023 at 4:11 PM
Kim.. we wave the required buffer credits. Our price is $1.25 per sq fr. Our process is simple.. Forward a copy of your
government letter along with invoice instructions to Salina. Salina will forward and invoice per the instructions. Once
payment is received Salina will forward your Credit Trnasfer Certificate. You will be good to go.. Thanks for choosing
GES.
On Friday, August 4, 2023 at 03:04:05 PM EDT, Williams, Kim <[e-mail]> wrote:
Hi Jeff
I am working on a project near Greenville (Tar Pam 03020103) that will need 3,504 sf of riparian buffer credits. Does
the Baldwin Swamp site have credits available? Attached is a vicinity map.
Thanks!
Kim
Kim Williams ISection Manager
Davey Resource Group, Inc.
Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 1 Fax:[phone]
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403
DAVEYIn
Resource Group
Visit our local office page
https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view= pt&sea rch =a ll&pe rmth id =th read -a: r-43220749461 95449248%7Cmsg-f: 177333065270946350... 1 /1