20231175 Ver 1_Middleburg Communities Barclay West Phase I PCN Attachments 8-24-23_20230824

i_ j'
Barclay West - Phase
Wilmington, New Hanover, Co.
Pre -Construction Notification Attachments
Prepared for:
Middleburg Communities
Mr. Alexi Papapieris
330 Mills Avenue
Greenville, SC 29605
[phone]
Prepared by:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
Date:
24 August 2023

Barclay West Phase I PCN Attachments 8-24-23 SEGi
Appendices
Number
Description
1
Parcel Information and Aerial
2
Division of Water Resources Water Classification Map
3
USACE Jurisdictional Determination
4
Barclay West Phase I Site Plan & Wetland Impact Map
5
NC SHPO HPOWEB2.0
6
New Hanover County GIS Flood Map
7
Agent Authorization
8
USFWS Official Species List and NLEB Consistency Letter

Barclay West Phase I PCN Attachments 8-24-23 SEGi
Attachment 1
Parcel Information & Aerial
k All
67
� AlKi VOW
e
IL
I v006
.rJ
ay .!'
,c T; i y c ■ r} � q�
MA
VL
MEL
►.y Phases 1 & 2
_ x
s'�1

8/24/23, 2:31 PM
New Hanover County
PARID: R06500-003-004-000
GRAHAM CAMERON AG & TIMBER COMPANY
LLC
Parcel
Alt ID
312507.59.9633.000
Address
3152 S 17TH ST
Unit
City
WILMINGTON
Zip Code
-
Neighborhood
CIBT2
Class
USE -Use Value
Land Use Code
108-Forestry PUV USE
Living Units
Acres
137.23
Zoning
RB-REGIONAL BUSINESS
Legal
3152 17TH ST S
Legal Description PT NEWKIRK TRACT NORTH OF INDEPENDENCE EXT
Tax District WM
Owners (On January1st)
Owner
GRAHAM CAMERON AG & TIMBER COMPANY LLC
City
WILMINGTON
State
NC
Country
Zip
28412
THE DATA IS FROM 2023
https://etax.nhcgov.comiptIDataletsIPrintDatalet.aspx?pin=RO6500-003-004-000&gsp=PRO FILEALL&taxyear=2023&jur=NH&ownseq=0&card=1 &roll=... 1 /1

Barclay West Phase I PCN Attachments 8-24-23 SEGi
Attachment 2
DWR Water Classification Map
'
U-..�.n
r,
Surface Water Classifications:
'✓ Il X
h
i
4.y
Stream Index:
18-S7-26
a
v
Stream fame:
Hewletts Creek
U<
Description:
From source to
Intracoastal
Waterway
VveMern
1romdor
Classification:
SA;HQW
F'ari or
Wilmingfan
o
t° 7 south sfdn
t3P, Park
[}ate of Class.:
August 8. 1981
9
t
ijr
f
What does this Class.
View
1
V} o a
r
n
,'Q
KG
��'�
ti " Zoom to
G
Q
�'� Givenlawn
Nip
�s.
lularnomi9l Rark
C
�•
arrata ry
r rr
8111pyall 9IVdV11
l �-
z t :_
o Rutledge D,
czi
�$p
7 U3
64 Ft
a
O
esD
r
t+
ne'
i �
���e+�t► st
'�wr4�
lz
r_
937 34.214 Degrees
Q v
+S'

Barclay West Phase I PCN Attachments 8-24-23 SEGi
Attachment 3
USACE Jurisdictional Determination

Electronically Transmiited
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2012-01938 County: New Hanover U.S.G.S. Quad: NC -Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Graham Cameron A2 and Timber Company LLC
Adair Graham
Address: 2512 Independence Blvd.
Wilmin6ton, NC 28412
E-mail: iimmynssrahamlandmanaizement.com
Size (acres) 151.84 Nearest Town Wilmington
Nearest Waterway UT to Barnards Creek River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.18442
Longitude:-77.91967
Location description: The project area comprises 3152 17th St.S., 2708 Ashton Drive, and 3001 Independence Blvd. (PINs
R06500-003-004-000, R06020-001-045-000, R06508-009-00 1 -000, and R06500-003-14 1 -000) in midtown Wilmineton.
Indicate Which of the Followinst 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 6/14/2023. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described 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.
Page I of 2 Form Version 10 June 2020_updated

SAW-2012-01938
❑ 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
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 Brad Shaver at [phone] or
brad.e.shaver(ausace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 7/21/2023.
D. Remarks: The site was field verified on 412612023.
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
Phone: [phone]
AND
PHILIP.A. SHANNIN(c_,USACE.ARMY.MIL

SAW-2012-01938
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 to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by Brad
Brad Shaver Shaver
Date: 2023.07.21
Corps Regulatory Official: 09:44:49-04'00'
Date of JD: 7/21/2023 Expiration Date of JD: Not applicable
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
https://reauIatoa.ops.usace.army.m it/customer-service-survey/.
Copy Furnished(electronic):
SEGI attn: David Scibetta

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 7/21/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Graham Cameron Ag and Timber Company LLC,
Adair Graham, 2512 Independence Blvd., Wilmington, NC 28412
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Graham Properties, SAW-2012-
01938
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 152 17th St. S., 2708 Ashton Drive, 3001
Independence Blvd.
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: New Hanover City: Wilmington
Center coordinates of site (lat/long in degree decimal format): Latitude: N 34.18442 Longitude: W 77.91967
Universal Transverse Mercator:
Name of nearest waterbody: Hewletts Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date:7/21/2023
® Field Determination. Date(s):4/26/2023
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Estimated amount of
Geographic authority to
Type of aquatic
Latitude
Longitude (decimal
aquatic resources in
resources (i.e.
which the aquatic resource
Site Number
(decimal
review area (acreage
"may be" subject (i.e.,
degrees)
wetland vs. non-
degrees)
and linear feet, if
Section 404 or Section
wetland waters)
applicable
10/404)
PWWUS 1
N 34.17973
W 77.92239
1.15 ac.
PNWWUS 1
N 34.18436
W 77.92638
870.3 LF
PNWWUS 2
N 34.18377
W 77.92554
1257.5 LF
PNWWUS 3
N 34.18012
W 77.92479
2635.6 LF
PNWWUS 4
N 34.18157
W 77.92503
640.5 LF
PNWWUS 5
N 34.18115
W 77.92415
865.2 LF
PNWWUS 6
N 34.17973
W 77.92353
626 LF
PNWWUS 7
N 34.18157
W 77.92059
317.1 LF

PNWWUS 8
N 34.18349
W 77.91885
724.4 LF
PNWWUS 9
N 34.18450
W 77.91876
478.3 LF
PNWWUS 10
N 34.18392
W 77.91816
473.5 LF
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or
requests verification for a non -reporting NWP or other general permit, and the permit applicant has
not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit
applicant has elected to seek a permit authorization based on a PJD, which does not make an official
determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD
before accepting the terms and conditions of the permit authorization, and that basing a permit
authorization on an AJD could possibly result in less compensatory mitigation being required or
different special conditions; (3) the applicant has the right to request an individual permit rather than
accepting the terms and conditions of the NWP or other general permit authorization; (4) 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 AJD
constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g.,
signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps
permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area
affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such
jurisdiction in any administrative 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 AJD
or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual
permit (and all terms and conditions contained therein), or individual permit denial can be
administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic jurisdiction exists over
aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic
resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is
practicable. This PJD finds that there "may he" waters of the U.S. and/or that there "may be"
navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the
review area that could be affected by the proposed activity, based on the following information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources below where
indicated for all checked items:
® Maps, plans, plots or plat submitted by or on behalf of the PJD requester: Field Sketch
® Data sheets prepared/submitted by or on behalf of the PJD requestor.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: 2019 Wilmington 1:24k
® Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of New Hanover County
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929)
® Photographs: ®Aerial (Name & Date): 2020 NC CGTA Orthoima�zely
or ❑Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter: SAW-2012-1938
❑ Other information (please specify):
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.
Digitally signed by Brad
Brad Shaver Shaver
Date: 2023.07.21 09:43:29
-04'00'
Signature and date of Regulatory
staff member completing PJD
7/21 /2023
Signature and date of person requesting PJD
(REQUTRED, unless obtaining the signature is
impracticable)1
1 Districts may establish timetrarnes 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.

Barclay West Phase I PCN Attachments 8-24-23 SEGi
Attachment 4
Barclay West Phase I Site Plan & Wetland Impact Map

n
i
0
PROJECT —S
..
0V+,ll fill. GR AI)ING&
DRAINAGE PLAN
BARC.LAY WEST
CITY OF WILMINGTON
NORTH CAROLINA
Pn RAMOtJ1V LE
`o
122 Caws DO,e
Wilmngmq Notth Cazolim 28/03
NC Li-4: G2846
Fur,us�aunT,�u
Graham-Camcmn Land, LLC
2512 Independence Blvd., Suite 200
Wilmington, NC 28412
RCVI.^IGN3:
E-A NGpINFORMATION
'.

I
mw��
�- 1. 1. . I : " if. :
mg—, no —ilo I
�-V
AV M M;
I I&I =11 I IR I I OPI&I A

Barclay West Phase I PCN Attachments 8-24-23 SEGi
Attachment 5
NC SHPO HPOWEB2.0 Map
a�
� Food
vj
■AudienceInd
addresslhistonc resource (�
""
v�
a
Cross Sln Maryland Ave
SYY¢
S
ge11 Se
WorrurmI F'_irk
yh�pYar4
Y
p
p
C-nalary
1
~
6
_
Del awart Ave
Cafe Feai 51vd
�
*
Shipyard Blvd
tr
a
��
y
�o
v Williamson
Or
Davie Or
c
a
��
a
y4
�
y G
Calhoun Dr
a
a
a
°
e o
halpfod�
fy —y
n
Rutledge Dr Long Leal Nir
o Q.OL
7 n
rn Y rn
o
7
c
m E a r
w
Nei Ln
> L7 er Dr
�3
sv`
NEW HANOVER
o`
r
�
N
N
f
-
N
V3.
a
¢epec�a�n `boo
e
a•y`'a
o`
Rd
�
G���a yp��n93re
`y
`
p ery.4
9
ley ^
Cpk

Barclay West Phase I PCN Attachments 8-24-23 SEGi
Attachment 6
New Hanover County GIS Flood Map
1r's
Find address or place Q =�� -:iINI
E

Barclay West Phase I PCN Attachments 8-24-23 SEGi
Attachment 7
Agent Authorization

5F.Gi
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: PT NEWKIRK TRACT NORTH OF INDEPENDENCE EXT
LOT NO. PLAN NO. PARCEL I.D. 30.05 Acre of R06500-003-004-000
STREET ADDRESS: 3152 17th St. S., 2708 Ashton Drive, 3001 independence Blvd.
Property Owner (please print): Mr. Alexi Papapieris — Middleburg Communities
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
330 Mills Avenue
Greenville, SC 29605
Email: alexip2�livemiddleburgxom
Telephone:
[phone]
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledge.
Property Owner Authorized Signature
Alexi Papapieris
Print Name
8/21 /23
Date
1��A�� -
SEGi Authorized Signature
David Scibetta
Print Name
8/14/2023
Date

Barclay West Phase I PCN Attachments 8-24-23 SEGi
Attachment 8
USFWS Official Species List
NLEB Consistency Letter

1-.*.
EIMI & W ILDLAPE
.0
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: August 21, 2023
Project Code: 2023-0119767
Project Name: Tract 1 - Barclay West
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 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 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

08/21/2023
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:
https://www.fws. gov/sites/defaultlfiles/documents/endangered-species-consultation-
handbook.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/program/migratory-bird-permit/what-
we-do.
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/library/collections/threats-birds.
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/partner/council-conservation-
migratory-birds.

08/21/2023
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
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]

08/21/2023
PROJECT SUMMARY
Project Code:
2023-0119767
Project Name:
Tract 1- Barclay West
Project Type:
Residential Construction
Project Description:
The project site consists of approximately 30-acres of mostly wooded
uplands that is part of a 150-acre tract of land, located within a densely
developed area of Wilmington, in New Hanover Co., NC. Several ditches
are within the project limit. The site will be cleared of all vegetation, prior
to undertaking construction activities for a multi -family development,
which is anticipated to begin at the end of Oct. 2023
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google. com/maps/(a)34.185388849999995,-77.91958746108125,14z
�L
1�
�i
w
Counties: New Hanover County, North Carolina

08/21/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 15 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Ji I_1►�i I ►�i I_1 �'?
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/5pecies/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

08/21/2023
6
BIRDS
NAME
STATUS
Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis
Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/5pecies/10477
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6039
Red Knot Calidris canutus rufa
Threatened
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
Red -cockaded Woodpecker Picoides borealis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/5pecies/7614
REPTILES
NAME STATUS
American Alligator Alligator mississippiensis Similarity of
No critical habitat has been designated for this species. Appearance
Species profile: https://ecos.fws.gov/ecp/5pecies/776 (Threatened)
Green Sea Turtle Chelonia mydas Threatened
Population: North Atlantic DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: bttps://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/5pecies/5523
Leatherback Sea Turtle Dermochelys coriacea Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/5pecies/1493
Loggerhead Sea Turtle Caretta caretta Threatened
Population: Northwest Atlantic Ocean DPS
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/1110

08/21/2023
SNAILS
NAME
Magnificent Ramshorn Planorbella magni fica
There is proposed critical habitat for this species. Your location does not overlap the critical
habitat.
Species profile: https://ecos.fws.gov/ecp/species/6216
INSECTS
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
Cooley's Meadowrue Thalictrum cooleyi
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/5pecies/3281
Rough -leaved Loosestrife Lysimachia asperulae folio
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2747
STATUS
Proposed
Endangered
STATUS
Candidate
STATUS
Endangered
Endangered
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.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)

08/21/2023
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
BREEDING
SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliates Breeds Apr 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
https:Hecos.fws.gov/ecp/species/8935
Bald Eagle Haliaeetus leucocepholus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Black Skimmer Rynchops niger Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15
and Alaska.
hLtps://ecos.fws.gov/ecp/species/5234
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.

08/21/2023
NAME
BREEDING
SEASON
Gull -billed Tern Gelochelidon nilotica Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
hLtps://ecos.fws.gov/eg/species/9501
King Rail Rallus elegans Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5
and Alaska.
bLtps:Hecos.fws.gov/ecp/species/8936
Lesser Yellowlegs Tringa flavipes Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
bLtps://ecos.fws.gov/ecp/species/9679
Marbled Godwit Limosa fedoa Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/eQ/species/9481
Painted Bunting Passerina ciris Breeds Apr 25
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15
(BCRs) in the continental USA
Prairie Warbler Dendroica discolor
Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea
Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
Jul 31
and Alaska.
Purple Sandpiper Calidris maritima
Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
elsewhere
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Sep 10
and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Short -billed Dowitcher Limnodromus griseus Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
bLtps:Hecos.fws.gov/ecp/species/9480

08/21/2023
BREEDING
NAME SEASON
Swallow-tailed Kite Elanoides for ficatus Breeds Mar 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jun 30
and Alaska.
hLtps://ecos.fws.gov/eg/species/8938
Willet Tringa semipalmata Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5
and Alaska.
Wilson's Plover Charadrius wilsonia Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
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.

08/21/2023
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel +* +++0 ++++ + I i i I i i i i +++ +Iii iiii +++a *+1+ 0++0 ++0+
BCC -BCR--- ---- --��
American Oystercatcher +000 OW101111+1 0111 1,$+ 1111 1+„ BCC Rangewide
(CON)
Bald Ea
Non BCC I I1*0011 III III++++11111 1111 11 T I III I I I�
Vulnerable
Black Skimmer BCC Rangewide ++++ ++++ ++++ 061+ 1111 iW WIN 11+� I I I I 114 0++0 ++++
(CON) T -- ---- ---- ---
Brown-headed 1111 1111 1111 1111 I ' 111 1111 1111 1111 1111 1111 1111
Nuthatch
BCC -BCR
Chimney Swift
BCC Rangewide ++++I �i� HIM loll 1111 IN$+ ++++ ++++
(CON) '— ---'
Eastern whip -Poor- ++++ ++++ ++++ ++++ ++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
will

08/21/2023
12
BCC Rangewide
(CON)
Gull -billed Tern ++++ BCC Rangewide T I
(CON)
King Rail
BCC Rangewide +++T ++l I +++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
(CON)
Lesser Yeegs
BCC Rangewide 1#A +1+ T ++++ *01
+ *+++ ++++ ++++ ++++ +0++ ++++ ++I+ ++I*
(CON)
Marbled Godwit I I I I +++ I yy+
BCC Rangewide ++++ + +++T *0++ ++++ ++++ ++++ +++o 01+*+
+10+ ++++ o+++
(CON)
Painted Bunting BCC -BCR +T++ ++++ +k+ I I I'TT TTTt q11 INN loll 10+1 +1++ ++++ ++01
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC yy
Prairie Warbler
BCC Rangewide +0++ T+++ ++I$ ,t I I I I I I I +++ ++++ 00+0 mail ill+ $+-I I +00T
(CON) •--- --a= ==M
Prothonotary Warbler +++� BCC Rangewide
(CON)
i I I I T i I I i I++++ +o++ ++++ I I I I
Purple Sandpiper BCC Rangewide +T++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
T
(CON)
Red-headed Woodpecker 011111111111 ILI Ll I 111011l+ 11111111111111111111
BCC Rangewide
(CON)
Ruddy Turnstone 1+++ 01+1 1lm
BCC -BCR
Rusty Blackbird OW V*1 ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ +o++ 10+0
BCC -BCR
Short -billed Dowitcher 0000 00T+ TO++ 00+1 ++++ ++++ ++++,++, 0++0 +0+0 ++++ 00++ BCC Rangewide
(CON)
Swallow-tailed Kite I
BCC Rangewide I I I ++ ++++ ++++ ++ I ++++ ++++ ++++ ++++ ++++ ++++
(CON)
BCC
BRangewide 6" *♦*■ 001T II I I I 11 I ,++i 4110111 lhi� ■■A
(CON)

08/21/2023 13
Wilson's Plover BCC Rangewide I +++T ME NEM
TTT+ T++T T+++ ++++ +++T
`�
(CON) Wood Thrush
BCC Rangewide+++1111i lI Il i11 l """""""'I 11 1TTT ++ ++ TTTl
(CON)
Additional information can be found using the following links:
■ Birds of Conservation Concern https://w-ww.fws.gov/program/migrator3L-birds/species
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-mi ratory-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
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.

08/21/2023
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network MN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. 'BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.

08/21/2023
15
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.

08/21/2023
IPAC USER CONTACT INFORMATION
Agency:
Southern Environmental Group, Inc.
Name:
Dana Lutheran
Address:
5315 South College Road
Address Line 2:
Suite E
City:
Wilmington
State:
NC
Zip:
28412
Email
[e-mail]
Phone:
9102281841
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Brad Shaver
Email: [e-mail]

1-.*.
EIMI & W ILDLAPE
.0
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: August 21, 2023
Project code: 2023-0119767
Project Name: Tract 1 - Barclay West
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for 'Tract 1- Barclay West'
Dear Dana Lutheran:
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 21, 2023, for
'Tract 1- Barclay West' (here forward, Project). This project has been assigned Project Code
2023-0119767 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.

08/21/2023 IPaC Record Locator: 870-130735390
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
■ Cooley's Meadowrue Thalictrum cooleyi Endangered
■ Eastern Black Rail Laterallus jamaicensis ssp. jamaicensis Threatened
■ Green Sea Turtle Chelonia mydas Threatened
■ Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
■ Leatherback Sea Turtle Dermochelys coriacea Endangered
■ Loggerhead Sea Turtle Caretta caretta Threatened
■ Magnificent Ramshorn Planorbella magni fica Proposed Endangered
■ Monarch Butterfly Danaus plexippus Candidate
■ Piping Plover Charadrius melodus Threatened
• Red Knot Calidris canutus rufa Threatened
■ Red -cockaded Woodpecker Picoides borealis Endangered
■ Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
■ Tricolored Bat Perimyotis sub flavus Proposed Endangered
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 870-130735390. (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.

08/21/2023 IPaC Record Locator: 870-130735390
3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to
a concurrence letter. Download the concurrence letter for your files if needed.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2023-0119767 associated
with this Project.

08/21/2023 IPaC Record Locator: 870-130735390 4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Tract 1 - Barclay West
2. Description
The following description was provided for the project'Tract 1- Barclay West':
The project site consists of approximately 30-acres of mostly wooded uplands that
is part of a 150-acre tract of land, located within a densely developed area of
Wilmington, in New Hanover Co., NC. Several ditches are within the project
limit. The site will be cleared of all vegetation, prior to undertaking construction
activities for a multi -family development, which is anticipated to begin at the end
of Oct. 2023
The approximate location of the project can be viewed in Google Maps: hops:
www.google.com/maps/(@34.185388849999995,-77.91958746108125,14z
71
V. -
� 4
e-.
d`

08/21/2023 IPaC Record Locator: 870-130735390 5
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect, but not likely to adversely affect" for the Endangered northern long-eared bat (Myotis
septentrionalis).
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Your project overlaps with an area where northern long-eared bats may be present year-
round. Time -of -year restrictions may not be appropriate for your project due to bats being
active all year.
Do you understand that your project may impact bats at any time during the year and time -
of -year restrictions may not apply to your project?
Yes
3. Do you have post -white nose syndrome occurrence data that indicates that northern long-
eared bats (NLEB) are likely to be present in the action area?
Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this
question, we are looking for data that, for some reason, may have not yet been made
available to U.S. Fish and Wildlife Service.
No
4. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes

08/21/2023 IPaC Record Locator: 870-130735390
6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
7. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
10. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northem-long-eared-bat-assisted-determination-key-
selected-definitions
No

08/21/2023 IPaC Record Locator: 870-130735390
11. Your project overlaps with an area where northern long-eared bats may be present year-
round.
Is suitable northern long-eared bat habitat present within 1000 feet of project activities?
Yes
12. Will the action cause effects to a bridge?
No
13. Will the action result in effects to a culvert or tunnel?
No
14. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
15. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
16. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
Yes
17. Will any new road go through any area of contiguous forest that is greater than or equal to
10 acres in total extent?
Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by
less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres.
Yes

08/21/2023 IPaC Record Locator: 870-130735390
18. For every 1,000 feet of new road that crosses between contiguous forest patches, will there
be at least one place where bats could cross the road corridor by flying less than 33 feet
(10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road
surface?
No
19. Will the proposed action result in the cutting or other means of knocking down, bringing
down, or trimming of any trees suitable for northern long-eared bat roosting?
Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating
bark, cracks, crevices, and/or cavities.
Yes

08/21/2023 IPaC Record Locator: 870-130735390
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.
30
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
30
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
30
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.
30
For the area from which all potential northern long-eared bat (NLEB) roost trees will be
removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed
to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are
removed will be developed or otherwise converted to non -forest for the foreseeable future.
0
Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which
all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought
down?
No
Will all project activities by completed by April 1, 2024?
No

08/21/2023 IPaC Record Locator: 870-130735390 10
IPAC USER CONTACT INFORMATION
Agency:
Southern Environmental Group, Inc.
Name:
Dana Lutheran
Address:
5315 South College Road
Address Line 2:
Suite E
City:
Wilmington
State:
NC
Zip:
28412
Email
[e-mail]
Phone:
9102281841
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Brad Shaver
Email: [e-mail]