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HomeMy WebLinkAbout20231195 Ver 1_2023.08.25_ePCN Cover Page and Attachments_20230825�!000 5410 Trinity Road P 919.866.4951 T I M M O N S GROUP Suite F 919.859.5663 Raleigh, NC 27607 www.timmons.com August 25, 2023 Gary Beecher U.S. Army Corps of Engineers — Wilmington District Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, NC 28403 Holley Snider 401 & Buffer Permitting Branch NCDEQ — Division of Water Resources 127 Cardinal Drive Ext. Wilmington, NC 28405 Re: Electronic Pre -Construction Notification Attachments Hall Tract Bolivia, Brunswick County, North Carolina Project No.: 59364 Dear Mr. Beecher and Ms. Snider, On behalf of DR Horton Inc., we are providing additional attachments and information to aid in the review of the electronic Pre -Construction Notification of the Hall Tract, an approximately 135.88-acre site located off of Old Ocean Hwy 17 in Bolivia, North Carolina, within Brunswick County (the Site). Please review the below attachments and contact Emory Quillian at (919) 532-3258 or emory.guillian@timmons.com if additional information is required. Sincerely, Timmons Group Emory Quillian Emory Quillian, WPIT Environmental Technician ENGINEERING I DESIGN I TECHNOLOGY Enclosures ATTACHMENTS Appendix A Figure 1 — Vicinity Map Figure 2 — NRCS Soil Survey Map Figure 3 — Wetlands and Waters of the U.S. Delineation Map Appendix B Agent Authorization Form Preliminary Jurisdictional Determination DWR Pre -Filing Request Appendix C Environmental Impacts Set Appendix D Threatened and Endangered Species/Habitat Assessment Report I PaC Official Species Report NCNHP Database Report Appendix E SHPO Map and List Appendix A Path: Y:\805\59364 - Hall Tract\GIS\59364-JD-VIC.mxd r_ rn <7� L' 01.D OCEAN H1NY • wtots # �i 1 ,1 '0 ;� Site Limits s frrl4 I y J i Site limits are approximate. Topographic imagery from USGS. 0 1,500 3,000 4,500 6,000 Feet BRUNSWICKCOUNTHALLTRORTH CAROLINA TIMMONS GROUP 000000 FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. TIMMONS GROUP JOB NUMBER:59364 U.S.G.S. QUADRANGLE(S):BOLIVIA PROJECT STUDY LIMITS: 138.9 ACRES DATE(S):2022 LATITUDE: 34.037097 WATERSHED(S):COASTAL CAROLINA (LUMBER RIVER BASIN) LONGITUDE:-78.208401 HYDROLOGIC UNIT CODE(S):03040208 These plans and associated documents are the exclusive property of TIMMONS GROUP and may not be reproduced in whole or in part and shall not be used for any purpose whatsoever, inclusive, but not limited to constructionbiddingand/or construction staking without the exnress written consent of TIMMONS GROUP. Path: Y:\805\59364 - Hall Tract\GIS\59364-JD-NRCS.mxd r Sr OB t 10 s Na$ y, a" R a Gad EP NOR GaA - - F 0 rat Site Limits V. ■ ♦i E4DC7 GADj' i • r`r ♦♦ lip"'�� • ' �• {jr� rj a0 GnA ti-I Site limits are approximate. 0 1,000 2,000 3,000 4,000 = Feet ''"„ I i AHALLTACT f BRUNSWICK COUNTY,NORTH CAROLINA TIMMONS GROUP FIGURE 2: NRCS SOIL SURVEY MAP YOUR VISION ACHIEVED THROUGH OURS. • TIMMONS GROUP JOB NUMBER: 59364 SOURCE NRCS WEB SOIL SURVEY PROJECT STUDY LIMITS: 138.9 ACRES SOIL SURVEY DATE: 1976 LATITUDE: 34.037097 WATERSHED(S): COASTAL CAROLINA (LUMBER RIVER BASIN) LONGITUDE:-78.208401 HYDROLOGIC UNIT CODE(S): 03040208 These plans and associated documents are the exclusive Dropertv of TIMMONS GROUP and may not be reproduced in whole or in Dart and shall not be used for anv purpose whatsoever, inclusive, but not construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. 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AGENT AUTHORIZATION All Blanks to be Filled in by Applicant NCOEQ-DiviaionufVVaterReaourcao 4U1&Buffer Permitting Unit 1S5OMail Service Center Raleigh, NC27GQ8-1G5O [ the undersigned, current applicant designate, authorize representatives ofTimmons Group to act on my behalf as my agent in the processing of permit app|icotona, to furnish upon request supplemental information in support of applications, etc., from this day forward. This the day of 201L3 . (number) 7PNonth) (Year) This notification supersedes any previous correspondence concerning the agent for this project. Project Name: Hall Tract Applicant ntSignature: Applicant -' I Fax Applicant Email � _ = _ � o � � Ln ° M E � w = n E E _ � � � � U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2022-01670 County: Brunswick County NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner/Applicant: Noah Dean Address: 5315 South College Road, Suite E Wilmington, NC 28412 Telephone Number: (910) 515-8008 Email Address: Ndean(a),sepi.us Size (acres) 138.7 Nearest Town Bolivia, NC Nearest Waterway Lockwoods Folly River River Basin Lower Pee Dee USGS HUC 03040208 Coordinates Latitude: 34.038111 Longitude:-78.206058 Location description: This 138 acre project site is located on Old Ocean HWY 17 in Bolivia, Brunswick County, NC. (Parcel ID: 1530001001). Indicate Which of the Following Apply: A. Preliminary Determination X There annear to be waters, including wetlands, on the above described nronerty, that may be subiect to Section 404 of the Clean Water Act (CWA)(33 USC & 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC � 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary iurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are iurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. _ There appear to be waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. Page 1 of 2 SAW-2022-01670 B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S., including wetlands, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S., including wetlands, on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, unless there is a change in law or our published regulations, may be relied upon for a period not to exceed five years from the date of this notification. _ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X The Property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at (910) 251-4694 or Ga ry.H.Beecher(&usace. army.mil. C. Basis For Determination: N/A. An Approved JD has not been completed. D. Remarks: A desk top review was conducted on this Preliminary JD application using information obtained form the consultant (SEGI) and from Corps produced QL2 Lidar Maps. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers SAW-2022-01670 South Atlantic Division Attn: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 PHILIP.A. SHANNIN&USACE.ARMY.MIL In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by N/A. It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Date of ID: October 11, 2022 Expiration Date: PJD Does not expire The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at https://re u�r,�.ops.usace.army.mil/customer-service-survey/_ Copy Furnished via consultant to: Owner - Andrew Hall PO Box 1346 Wrightsville Beach, NC 28480-1346 (910) 617-7793 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 10/11/2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Noah Dean (SEGi), 5315 South College Road, Suite E, Wilmington, NC. C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Old Ocean Hwy 17 project, SAW-2022-01670 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: PROJECT LOCATION (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County: Brunswick City: Bolivia Center coordinates of site (lat/long in degree decimal format): Latitude: 34.036082 Longitude: 78.205937 Universal Transverse Mercator: Name of nearest waterbody: Lockwoods Folly River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: October 11, 2022 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount of Geographic authority to Type of aquatic aquatic resources in which the aquatic resource Latitude (decimal Longitude (decimal resources (i.e., Site Number review area (acreage "may be" subject (i.e., degrees) degrees) wetland vs. non - and linear feet, if Section 404 or Section wetland waters) applicable 10/404) 1 34.036082 78.205937 78.2 ac. Wetland Section 404 Section 404 2 34.038484 78.207637 0.08 ac. Wetland Non -Wetland Section 404 1 34.037907 78.210778 600 LF Waters Non -Wetland Section 404 2 34.039812 78.209539 766 LF Waters 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 orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AID or a PJD, the JD 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 AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subj ect file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Field Sketch Map: Field Sketch ® Data sheets prepared/submitted by or on behalf of the PJD requestor. ® 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: ❑ 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: 1:24k Bolivia ® Natural Resources Conservation Service Soil Survey. Citation: Soil Survey of Brunswick 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 CGIA Othoimagery or ❑Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ® Other information (please specify): QL2 Lidar Map 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 and date of Regulatory staff member completing PJD DATE 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. 7/12/22, 10:16 AM Brunswick County GIS Data Viewer n Brunswick Countv GIS I Source: Esri. Maxar. Earthstar G *gl Parcel Information Parcel ID: 1530001001 Parcel PIN: 213002959324 Calc. Acreage: 138.78 Legal Description TR-P/O 2 138.78 AC PL-7/131 Owner Information Owner Name: HALL ANDREW Mailing Address: PO BOX 1346 WRITSVLLE BCH, INC 28480-1346 Deed and Plat References Deed Book: 04241 Deed Page: 1075 Plat Book: 00007 Plat Page: 00131 Parcel Photo Zoom to ics. and the GIS User Commun Brunswick County G S Data Viewer 'v, great eagle X CZ https://brunsco.maps.arcgis.com/apps/webappviewer/index.html?id=6df283el aa634006baeedf6daac4Od38 -78.171 34.043 Degrees 1 /1 ii s° O c d r m z m 6i 9 O Kate Hefner From: Kate Hefner Sent: Monday, July 24, 2023 1:21 PM To: 401 Pre File Cc: Nick Tudor; Emory Quillian Subject: DWR Pre -Filing Request - Hall Tract - Brunswick County, NC Good afternoon! I wanted to submit a 401 Pre -Filing Request for a project in Brunswick County, NC. The project information can be found below: - Project Name: Hall Tract - Project Applicant: DR Horton, Inc. - Applicant Contact Information: Will Riddick at WHRiddick@drhorton.com - Applicant Mailing Address: 2000 Aerial Center Pkwy, Suite 110 Morrisville, NC 27560 - Project Location: The project is located off of Old Ocean Highway in Brunswick County, NC. - The project is for a proposed residential development. Impacts to wetlands and streams are anticipated, but will stay below the NWP impact threshold. Please let me know if you have any questions. Thanks! Kate Hefner, WPIT, ISA-CA (she/her) Environmental Scientist 11 Tit- ONS GROUP I%rGP%1EER1fta 1 DESIGN 17ECKNOl4GY TIMMONS GROUP I www.timmons.com 5410 Trinity Rd, Suite 102 1 Raleigh, NC 27607 Office: 919.866.4953 1 Cell: 828.455.4636 Kate. 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Box 33726 Raleigh, NC 27636-3726 May 30, 2023 Re: Online Project Review Request, Hall Tract, Brunswick County, North Carolina Dear Mr. Benjamin, We have reviewed the referenced project using the U.S. Fish and Wildlife (USFWS) Eastern North Carolina Ecological Services Field Office's online project review process and have followed all guidance and instructions in completing the review. The location of the project and the action area (also referred to as the Site) are identified on the enclosed maps in Appendix C, showing the most recent USGS topographic map (Figure 1), aerial imagery (Figure 2), and Wetlands and Waters of the U.S. map (Figure 3). We are submitting our project review package in accordance with the instructions for further review. Site Description The Site is located within the Coastal Plain Physiographic Province and encompasses approximately 138.9 acres in Bolivia, North Carolina within Brunswick County. The Site consists primarily of forested area with approximately 12 acres of maintained open area associated with agricultural uses, two palustrine forested wetlands totaling approximately 79 acres, two potential non -wetland waters totaling approximately 1366 linear feet, and one maintained power utility easement. Lockwoods Folly River borders and transects the southern perimeter of the Site, within the wetland area. In addition, approximately 20 acres of the forested area appears to be a planted pine forest with an approximate age of 20 years. The Site is bounded by forested and residential area to the north and west, and forested areas to the south and east. The Site is located within the Scotts Branch-Lockwoods Folly River subwatershed (Hydrologic Unit Code [HUC] HUC 030402080104) in the Lumber River Basin. The Site drains to the south via surface flow and unnamed tributaries to Lockwoods Folly River, which has a NC Division of Water Resources (DWR) Stream Index Number of 15-25-1-(1) and a Stream Classification of C; Sw. Proposed Project Our proposed action consists of a mixed multi- and single-family residential development in Bolivia, North Carolina within Brunswick County. Development is anticipated to include the construction of road crossings, utility connections, and grading. The proposed impacts to wetlands and streams onsite are anticipated to be minimal and limited to those necessary to install utility connections, road crossings, and grading (where required). The project is expected to be completed over several years. Construction is anticipated to take place between late 2023 into 2024, potentially through 2024 and 2025. This project review is being completed as part of client due diligence in the preliminary planning and design phases of the proposed project. This project review will be used as needed as supplement to anticipated U.S. Army Corps of Engineers consultation for use of a Nationwide Permit due to impacts to jurisdictional waters if impacts to jurisdictional features are proposed. Species Evaluation The official USFWS Information for Planning and Consultation (IPaQ species report for the Site requested on May 5, 2023 (Project Code: 2023-0078332) identified six federally listed endangered species, including northern long-eared bat (Hyotis septentrionalis), red -cockaded woodpecker (Picoides borealis), Kemp's Ridley sea turtle (Lepidochelys kempii), leatherback sea turtle (Dermochelys coriacea), Cooley's meadowrue (Thalictrum cooleyi), and the rough -leaved loosestrife (Lysimachia asperulaefolia) as potentially occurring within the vicinity of the Site. In addition, the IPaC species report identified four federally listed threatened species potentially occurring within the vicinity of the site: loggerhead sea turtle (Caretta caretta), green sea turtle (Chelonia mydas), red knot (Calidris canutus rufa), and piping plover (Charadrius melodus). Additionally, two proposed endangered species, the magnificent ramshorn (Planorbella magnifica), and the tricolored bat (Perimyotis subflavus), and one candidate species, the monarch butterfly (Danaus plexippus), were identified as potentially occurring in the vicinity of the Site. The American alligator (Alligator mississippiensis) is listed as threatened due to similarity of appearance as potentially occurring in the vicinity of the Site, however, species listed under a similarity of appearance are not biologically endangered and are not subject to Endangered Species Act (ESA) Section 7 consultation. Critical habitat was not identified within the project area under the Eastern North Carolina Ecological Services Field Office's jurisdiction. Additionally, per the instructions of the Eastern North Carolina Ecological Services Field Office's Project Review Steps, Timmons personnel assessed the potential for impacts to the bald eagle (Haliaeetus leucocephalus) and northern long-eared bat (Hyotis septentrionalis). The North Carolina Natural Heritage Program (NCNHP) database report (NCNHDE-21819) was requested on May 5, 2023. No federally protected species were identified as occurring within the project area, but one occurrence of the bald eagle, and one occurrence of the American alligator was documented within a 1-mile radius of the project area. Further, no critical habitat was identified within the Site or a 1-mile radius. On May 10, 2023 Timmons Group conducted a suitable habitat assessment for federally listed species, species proposed for listing under the ESA, candidate species, and bald eagle within the Site. Effects to Critical Habitat There is no critical habitat located within the Site boundaries or a 1-mile radius. Effects to Federally Endangered Species Northern Lonz-eared Bat While northern long-eared bat often roosts in dead or dying trees, live trees are also commonly used. Suitable roosting habitat for northern long-eared bat includes any tree, although deciduous trees are most frequently selected, with a dbh greater than 3 inches with cracks, crevices, exfoliating bark, and/or cavities/hollows that is within 1,000 feet of forested/wooded habitat. Small (less than 10 acres) fragmented forested areas and areas with less than a 45 percent canopy cover are not likely to support northern long-eared bat. During the suitable habitat survey on May 10, 2023, several snags with a dbh greater than 3 inches were observed located in the project area within 1,000 feet of forested/wooded habitat. The majority of the Site consists of mature mixed hardwood -pine forest with dbh ranging from approximately 3 to 25 throughout the Site. Mature forested areas observed onsite contain several trees that could represent potentially suitable summer roosting habitat for the northern long-eared bat. Commonly observed species in the mature mixed hardwood -pine forest included sweet -gum (Liquidambar styracifZua), and loblolly pine (Pious taeda). Additionally, maintained grassy areas associated with utility easements were observed within the northern portion of the Site. Timmons Group is not aware of known maternity roost trees or hibernacula in the vicinity of the Site. According to the USFWS Eastern North Carolina Ecological Services website, the Site is located more than 45 miles from the nearest 12-digit USGS Hydrologic Unit Map (HUC) with a known winter roosting site for northern long-eared bat. Additionally, potentially suitable summer roosting habitat is present throughout the Site, and Brunswick County is located within the USFWS current range for the northern -long eared bat. According to the northern long-eared bat Rangewide Determination Key on the USFWS IPaC website, any development of the Site may affect, but is not likely to adversely affect the northern long-eared bat. Red -cockaded Woodpecker In southeastern North Carolina (Brunswick, Carteret, Craven, Jones, New Hanover, Onslow, and Pender counties), RCWs forage and nest in both xeric and pocosin communities with low site productivity. In the southern coastal plain, pines used for foraging and nesting may be smaller and shorter than in other populations. Groups will use wet pine flatwoods, pond pine woodland, and high pocosin for foraging and nesting. Nesting and roosting pine trees are typically found in open stands with little or no hardwood mid -story and few or no overstory hardwoods. RCWs will abandon otherwise suitable nesting/roosting areas when the mid -story approaches cavity height; therefore, midstory height should generally be less than 12 feet. Territory size for clusters of RCW groups ranges from 75 to 500 acres in size. Suitable foraging habitat generally consists of greater than 50% mature pines (30 years in age or older and equal to or greater than [>] 8 inches diameter at breast height [dbh]) in an open canopy, less densities of small pines, little or no hardwood or pine mid -story, few or no overstory hardwoods, and abundant native bunchgrasses and forb groundcovers. Foraging habitat should be within 0.5 miles of nesting habitat. They prefer larger, older pines for foraging and find their prey by flaking away and probing under pine bark but will use hardwoods. To a lesser extent, they also eat fruits for seeds from species, including pines (Pious spp.), poison ivy (Rhus radicans), magnolia (Magnolia spp.), wax myrtle (Myrica spp.), wild cherry (Prunus serotina), wild grape (Vitus spp.), blueberry (Vaccinum spp.) and blackgum (Nyssa sylvatica). Forested areas compose approximately 90% of the Site and include mature mixed hardwood - pine. The mature mixed hardwood -pine forest is comprised of approximately 35% loblolly pine trees with a moderately dense understory. Therefore, suitable nesting and foraging areas are not present within the Site. Additionally, occurrences of RCW and cavity trees were not observed within the project area or noted in the NCNHP database report. According to the RCW Consultation Area Map shown in Appendix A of the RCW SLOPES manual, the Site is located within a consultation area. Therefore, relying on the SLOPES guidelines and guidance from the USFWS, location of the project inside of the RCW SLOPES consultation area, and lack of suitable nesting habitat within the Site, it is the opinion of Timmons Group that the proposed project will have no effect on the red -cockaded woodpecker. Kemp's Ridley Sea Turtle and Leatherback Sea Turtle Kemp's ridley sea turtle and leatherback sea turtle are found in temperate and tropical oceans and nest on beaches. The leatherback sea turtle has been reported to enter into bays, estuaries, and other inland bodies of water. The Site is not located on beaches or near waters where sea turtles may be present. Further, there were no occurrences of the species documented in the NCNHP database report within the Site or a 1-mile radius. Due to the lack of suitable habitat, it is the opinion of Timmons Group that the project will have no effect on Kemp's ridley sea turtle and leatherback sea turtle. Cooley's Meadowrue Cooley's meadowrue occurs in sunny, moist to wet grass -sedge bogs, wet -pine savannas over calcareous clays, and savannah -like areas, often at the ecotones of intermittent drainages or non- riverine swamp forests. This rhizomatous perennial herb is also found along plowed firebreaks, roadside ditches and rights -of -way, forest clearings dominated by grass or sedge, and power line or utility rights -of -way. The species requires some type of disturbance (e.g., mowing, clearing, periodic fire) to maintain its open habitat. The plant typically occurs on slightly acidic (pH 5.8- 6.6) soils that are loamy fine sand, sandy loam, or fine sandy loam; at least seasonally moist or saturated; and mapped as Foreston, Grifton, Muckalee, Torhunta, or Woodington series. According to the Natural Resources Conservation Service (MRCS) Web Soil Survey (WSS) data, the soil onsite ranges from extremely acid to strongly acid (pH 3.5-5.5), which is too low for the species and therefore would not be suitable habitat. The open grassy areas are associated with maintained power utility easements and are frequently mowed and maintained and therefore would not provide suitable growing conditions for the species. Further, no occurrences of the species were documented in the NCNHP database report within the Site or a 1-mile radius. Due to the lack of suitable habitat, it is the opinion of Timmons that any proposed disturbance will have no effect on Cooley's meadowrue. Rough -leaved Loosestrife Rough -leaved loosestrife generally occurs in the ecotones or edges between longleaf pine uplands and pond pine pocosins in dense shrub and vine growth on moist to seasonally saturated sands and on shallow organic soils overlaying sand. Occurrences are found in such disturbed habitats as roadside depressions, maintained power and utility line rights -of -way, firebreaks, and trails. The species prefers full sunlight, is shade intolerant, and requires areas of disturbance (e.g., clearing, mowing, periodic burning) where the overstory is minimal. It can, however, persist vegetatively for many years in overgrown, fire -suppressed areas. Blaney, Gilead, Johnston, Kalmia, Leon, Mandarin, Murville, Torhunta, and Vaucluse are some of the soil series that the plant occurs on. The understory of the Site in the forests is not clear enough to provide suitable habitat for rough - leaved loosestrife. The majority of the open grassy areas are frequently maintained, and were not moist to seasonally saturated, therefore, suitable habitat is not present for the species. The species identified in the grassy areas include early successional species such as broomsedge (Andropogon virginicus) and dog fennel (Eupatorium capillifolium). Further, no occurrences of the species were documented in the NCNHP database report within the Site or a 1-mile radius. Due to the lack of suitable habitat, it is the opinion of Timmons that any proposed disturbance will have no effect on rough -leaved loosestrife. Effects to Federally Threatened Species Piping Plover The piping plover breeds along the entire eastern coast of the United States. North Carolina is uniquely positioned in the species' range, being the only State where the piping plover's breeding and wintering ranges overlap and the birds are present year-round. Coastal habitats include sand spits, small islands, tidal flats, shoals and sandbars with inlets. Primary foraging habitats include sandy mud flats, ephemeral pools and seasonally emergent seagrass beds with abundant invertebrates. They nest most commonly where there is little or no vegetation, but some may nest in stands of beach grass. The nest is a shallow depression in the sand that is usually lined with shell fragments and light-colored pebbles. No coastal habitats are present within the Site, Further, no occurrences of piping plover were noted during in the NCNHP database search. Due to the lack of suitable habitat, it is the opinion of Timmons that any proposed disturbance will have no effect on piping plover. Red Knot Habitats used by red knots in migration and wintering areas include coastal marine and estuarine habitats with large areas of exposed intertidal sediments. The red knot is commonly found along sandy, gravel, or cobble beaches, tidal mudflats, salt marshes, shallow coastal impoundments and lagoons, and peat banks. Ephemeral features such as sand spits, islets, shoals, and sandbars, often associated with inlets can be important habitat for roosting. No marine or estuarine habitats are present within the Site. Further, no occurrences of red knot were noted in the NCNHP database search. Due to the lack of suitable habitat, it is the opinion of Timmons that any proposed disturbance will have no effect on red knot. Green Sea Turtle and Loggerhead Sea Turtle The green sea turtle and loggerhead sea turtle are found in temperate and tropical oceans and nest on beaches. The green sea turtle can also be found in shallow waters where an abundance of marine grass is present. The loggerhead sea turtle also uses near shore area and has been observed in bays, lagoons, salt marshes, creeks, ship channels, and the mouths of large rivers. The Site is not located on beaches or near waters where sea turtles may be present. Further, there were no occurrences of the species documented in the NCNHP database report within the Site or a 1-mile radius. Due to the lack of suitable habitat, it is the opinion of Timmons Group that the project will have no effect on the green sea turtle and loggerhead sea turtle. Effects to Proposed Federally Protected Species Tricolored Bat On September 14, 2022, the USFWS announced a proposal to list the tricolored bat as endangered under the ESA. The USFWS has not provided an official effective listing date, but it is anticipated to occur in the second half of 2023. Upon listing, the USFWS is expected to provide an area of influence/distribution range for tricolored bat. During the winter, tricolored bats are found in caves and mines, although in the southern United States, where caves are sparse, tricolored bats are often found roosting in road -associated culverts. During the spring, summer, and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves, and within artificial roosts like barns, beneath porch roofs, bridges, concrete bunkers, culverts, and rarely within caves. In the North Carolina piedmont during all seasons of the year, tricolored bat may be found hibernating or roosting in culverts; therefore, the removal or modifications to culverts may affect tricolored bat if present. If culvert modifications or replacements are proposed, then surveys by a qualified biologist are recommend prior to modification, extension, or removal of culverts greater than 24 inches in diameter. Mature hardwood and pine forests are present throughout portions of the Site along streams. The NCNHP database did not identify any known occurrences within a 1-mile radius of the Site. Potential suitable roosting habitat is present in forested areas on Site; however, there are no known records of the species within 1 mile of the Site, therefore, it is our opinion that the proposed project is not likely to jeopardize the continued existence of the tricolored bat. Magnificent Ramshorn According to information obtained from the USFWS Online Database, the magnificent ramshorn is a salt intolerant snail endemic to the lower Cape Fear River Basin. The magnificent ramshorn is an air -breathing snail, historically documented from only four sites in the lower Cape Fear River Basin in southeastern North Carolina. In the past 40 years, repeated surveys conducted by USFWS in suitable habitat within the known historical range have yielded no observations of the magnificent ramshorn. All known magnificent ramshorn snails are currently in captivity and are descendants of adult snails from two distinct populations from Pleasant Oaks Pond and Orton Pond in Brunswick County, North Carolina. It is believed to be extirpated from the wild and the last individual seen in the wild was in 2004-2005. Although the complete historical range of the species is unknown, its size and the fact that it was not reported until 1903 suggest that the species may have always been rare and localized. Additionally, no occurrences of magnificent ramshorn were noted in the NCNHP database search. Although the site contains suitable habitat for the species, due to the lack of historical presence, it is the opinion of Timmons Group that the proposed disturbance will have no effect on the magnificent ramshorn. Effects to Proposed Candidate Species Monarch Butterfly The majority of the Site consists mature mixed -hardwood pine forest throughout the Site, one open maintained area in the western portion of the Site, and one maintained power utility easement in the northern portion of the Site. While evidence of flowering plant species was observed along the edges of the maintained areas during onsite investigation, occurrences of the monarch butterfly were not noted during Site investigation. Further, the monarch butterfly's habitat is ubiquitous throughout the state and disturbance to areas with potentially suitable habitat is minimal. Therefore, it is the opinion of Timmons Group that the proposed project will have no effect on the monarch butterfly. Effects to Species Listed Due to Similarity of Appearance American Alligator In North Carolina, alligators have been recorded in nearly every coastal county, and many inland counties to the fall line. The alligator is found rivers, streams, canals, lakes, swamps, and coastal marshes. Adult animals are highly tolerant of salt water, but the young are apparently more sensitive, with salinities greater than 5 parts per thousand considered harmful. The American alligator remains on the protected species list due to its similarity in appearance to the endangered American crocodile, which lives in south Florida. Suitable habitat for the American alligator is present in the streams and waters located within the Site. No occurrences of the American alligator were noted during Site inspection. One occurrence of the American alligator was noted on February 26, 2018 within one mile of the project area on the NCNHP database search. Because the American alligator is listed as threatened due to similarity of appearance, USFWS ESA Section 7 consultation is not required for the species. The American crocodile range does not overlap with the American alligator in North Carolina. Effects to Federally Protected Species Not Identified through IPaC The Eastern North Carolina Ecological Services Field Office Project Review steps request that reviewers assess their projects for the potential to impact bald eagle nests. A desktop-GIS assessment of the project study area, as well as the area within a 1.0 mile radius of the project limits, was performed on May 8, 2023 using September 2021 color aerials. One large water body was identified approximately 0.5 miles west of the Site, which could be considered a potential feeding source, so the survey area was extended by a radius of 660 feet. Per the NCNHP database report, there was one occurrence of the bald eagle within 1-mile of the Site in 2011. Further, no occurrences of nests or bald eagles were observed during the Site inspection on May 10, 2023. Therefore, any disturbance of the Site is unlikely to disturb nesting bald eagles and no Eagle Act Permit is required. The enclosed project review package provides the information about the species and critical habitat considered in our review and includes a species conclusions table identifying the determinations. For additional information, please contact Nick Tudor at the email address listed above. Sincerely, Timmons Group Emory Quillian, WPIT Environmental Technician Nick Tudor, PWS Senior Environmental Scientist Enclosures: 1) ENTIRE PROJECT REVIEW PACKAGE APPENDICES APPENDIX A — Self Certification Self -Certification Letter Project Review Checklist Species Conclusion Table RCW SLOPES Manual — North Carolina (March 2022) APPENDIX B — Species Reports Official IPaC Species Report NCNHP Species Report APPENDIX C — Figures Figure 1 USGS Topographic Map Figure 2 Environmental Inventory Map w/Aerial Imagery Figure 3 Wetlands and Waters of the U.S. Map APPENDIX D — Photolog APPENDIX A 0 7 fry�y� sIM"&%11siFe MKH4KtU.a' :-� o United States Department of the Interior a M g FISH AND W1LDL1FE SEIMCE: Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Date: 05/22/2023 Self -Certification Letter Project Name Hall Tract Dear Applicant: Thank you for using the U.S. Fish and Wildlife Service (Service) Raleigh Ecological Services online project review process. By printing this letter in conjunction with your project review package, you are certifying that you have completed the online project review process for the project named above in accordance with all instructions provided, using the best available information to reach your conclusions. This letter, and the enclosed project review package, completes the review of your project in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended (ESA), and the Bald and Golden Eagle Protection Act (16 U.S.C. 668-668c, 54 Stat. 250), as amended (Eagle Act). This letter also provides information for your project review under the National Environmental Policy Act of 1969 (P.L. 91-190, 42 U.S.C. 4321-4347, 83 Stat. 852), as amended. A copy of this letter and the project review package must be submitted to this office for this certification to be valid. This letter and the project review package will be maintained in our records. The species conclusions table in the enclosed project review package summarizes your ESA and Eagle Act conclusions. Based on your analysis, mark all the determinations that apply: "no effect" determinations for proposed/listed species and/or ❑✓ proposed/designated critical habitat; and/or ❑� "may affect, not likely to adversely affect" determinations for proposed/listed species and/or proposed/designated critical habitat; and/or ❑ "may affect, likely to adversely affect" determination for the Northern long- eared bat (Myotis septentrionalis) and relying on the findings of the January 5, 2016, Programmatic Biological Opinion for the Final 4(d) Rule on the Northern long-eared bat; ❑� "no Eagle Act permit required" determinations for eagles. Applicant Page 2 We certify that use of the online project review process in strict accordance with the instructions provided as documented in the enclosed project review package results in reaching the appropriate determinations. Therefore, we concur with the "no effect" or "not likely to adversely affect" determinations for proposed and listed species and proposed and designated critical habitat; the "may affect" determination for Northern long-eared bat; and/or the "no Eagle Act permit required" determinations for eagles. Additional coordination with this office is not needed. Candidate species are not legally protected pursuant to the ESA. However, the Service encourages consideration of these species by avoiding adverse impacts to them. Please contact this office for additional coordination if your project action area contains candidate species. Should project plans change or if additional information on the distribution of proposed or listed species, proposed or designated critical habitat, or bald eagles becomes available, this determination may be reconsidered. This certification letter is valid for 1 year. Information about the online project review process including instructions, species information, and other information regarding project reviews within North Carolina is available at our website http://www.fws.gov/raleigh/Pp.htm]. If you have any questions, you can write to us at RaleighLajws.gov or please contact Leigh Mann of this office at 919-856-4520, ext. 10. Sincerely, /s/Pete Benjamin Pete Benjamin Field Supervisor Raleigh Ecological Services Enclosures - project review package W��ENT OF Ty O S �gRCH 318Q9.k» Project Review Checklist Step Item Required Date completed/ Notes 1 and Official Species List from IPaC May 5, 2023 2 (will include map showing the Yes action area) NCDENER-Heritage Program May 5, 2023 3 database results or correspon- If Applicable dence. 4 Habitat Assessments or Species If Applicable May 10, 2023 Surveys 6 Bald Eagle Conclusion Table Yes May 8, 2023 7 NLEB Yes May 8, 2023 8 Species Conclusion Table Yes May 8, 2023 Online project review request May 8, 2023 9 letter or Online project review Yes certification letter 10 Other documentation to support If Applicable May 8, 2023 your conclusions Instructions Submit project review packages electronically to Raleigh@fws. gov. Please indicate in your email subject title if you are submit- ting a "Review Request Letter" or a "Self -Certification Letter." All project reviews will receive a return receipt to inform you that your project has been successfully submitted to this office. Please note that any single email, including attachments, must be smaller than 25 MB. If a single email would be larger than 25 MB, please spread out multiple attachments among several emails (use the same subject name and project reference in all emails related to an individual project). If this is not practical, please mail a hard copy or DVD containing the project review package to our office: Raleigh Field Office P.O. Box 33726 Raleigh, NC 27636-3726 Maintain a complete copy of the project review package in your files since it will become an integral part of your official record of compliance. Contact us If you have questions or comments concerning this process, please contact Leigh Mann at (919) 856-4520 extension 10 or via email at RaleighCa fws.gov http://Raleigh.fws.gov Federal Relay Service for the deaf and hard -of -hearing 1 800/877 8339 U.S. Fish and Wildlife Service http://www.fws.gov 1 800/344 WILD January 2017 d m cc H y c O .y t� O L) y d 0 a) CL N U H ■ M N O N N N LO O N E m Z CD CD � 0 N N N �- O C- Z U N CO i U U •N m C- N +-- U Z 0 � O p-- O m (a •U N i O �--� (Q Q N N p L (Q '- pL CO (a ,� U) •i N Q Q N U) CDN E cD (a O •� U p N m U p N N M �O. N� U (a m O U C/) �N. - �CD O L ?> CO) N O S (Q O N N N U O N� U) N Q,F N � N > > (a E_ (a � L _ O M� N Q O N ~ N N N N Qj N = U O O �-. L (a N N N N N m to 0 O O ca �N �_' 4- XCO U UO N N O — Up N O — Z N E U �O '� 0 U N N O N N E N > 'Cj U) tN N _ L m �O N z �O p �O p 70 •� 0 N N �O S O N (a �O. 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C O Z0 o o N O Y N O O _ E N EUO (Q Q E O >G (a o 0 U o= o ,� 0 N O O N N O c- o O O o i M Y H L Y D- Q 0 +C---0.) o ��� c O N U L O N N Z, O cr) M O (a O N a) O L N N c — N N cn N U N O (a O O (a .� N m E D N+ N > o E o O O o 2o O .� � N N �-' =3 m M M O� Q L U-a — L, Q y CB o N N O (B Q 0) O c Q � E O �+ L Z O cn cu c c CU O o (B (B O o 0 E - E o •- > o O L (B c o � U cu CU Q E W O 0 -0CU M N O N N N LO O N N U CO ca 0 E O W L O .E 0 CO J RCW SLOPES Manual — North Carolina March 2022 Us Army corps of Engineers Appendix B — Red -cockaded Woodpecker Effects Determination Key ORM2 No.: Date USFWS Reference No. (if applicable): 1) Is the action area' located within the RCW consultation area (see Appendix A and project -specific results from a project -specific IPaC or internal USACE G I S review)? a) Yes......................................................................................................................................................go to 2 b) No...................................................................................................................................................No effect' 2) Is the action area' located in the northeastern coastal plain (see Appendix A)? a) Yes.......................................................................................................................................................go to 3 b) No (the project is located in piedmont, sandhills, or southeastern coastal plain)..................go to 4 3) Is the action area' located in a forested area with pine trees present in northeast North Carolina (e.g., high pocosiin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe evergreen forest, wet successional pine pine -hardwood forest, or pine plantation or uplands)? If yes, are the pine trees greater than 30 }ears of age (if stand age is not readily determinpd, refer to Table 1 for a description of the minimum dbh of 30-year-old pines associated with each community type). If the answer to both of these questions is yes, choose Yes below. If the answer to one or both questions is no, then choose No below. a) Yes.......................................................................................................................................................go to 8 b) No...................................................................................................................................................No effect' 4) Is the action area' located within suitable RCW foraging or nesting habitat (pine or pine/hardwood stands in which 5("/0 or more of the dominant trees are pines and the dominant pine trees are 30 years of age or older or z8-inches dbh')? a) Yes.......................................................................................................................................................go to 5 b) No...................................................................................................................................................No effect' 5) Will any activity in the action area' remove trees equal to or greater than 8 inches dbh; or will any activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office. a) Yes (to one or both)........................................................... •. •....._....................._...._.._.._................_go to 5 b) No.........................................................................................................................................................NLAA3 12 RCW SLOPES Manual — North Carolina March 2022 6) Is the action area' located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)? a) Yes........................................................................................................................................................go to 9 b) No.........................................................................................................................................................go to 7 7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be impacted by any activity in the action area'? a) Yes......................................................................................................................................................go to 9 b) No.........................................................................................................................................................NLAA3 8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action area'. Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in the action area, or is the action area' within 200 feet of a cavity tree? If the answer to either of these questions is yes, choose Yes below. If unable to determine the location of a cavity tree with confidence, then contact the USFWS Raleigh Field Office. a) Yes......................................................................................................................................................go to 9 b) No.........................................................................................................................................................NLAA3 9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey is necessary (for a list of USACE representatives please see the contact list at http://saw- rep.usace.army.mil/FO/PMList.odf). Note that project -specific information, such as a delineation of waters of the U.S., project plans, and details concerning certain activities on disturbances that would occur in the action area' (e.g. percussive activities, forest management, or similar disturbances), may be needed for the USACE to determine the action area(s)' of the project. If a survey is required and agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action area' should be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such surveys are conducted by running line transects through stands and visually inspecting all medium- sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all trees are inspected and are run north -south. Was a survey performed? a) Yes, a survey was performed, and RCW cavity trees were observed.......................................go to 10 b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the results (no RCW cavity trees were observed)................................................................................NLAA3 c) No, the USACE determined that a survey was not required and the USFWS concurred............................................................................................................................................. N LAA3 d) No, a survey was not performed..........................................................................Consultation required' 10) Does the project involve activities or disturbances in the action area' (e.g., percussive activities, forest management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then consultation is required. a) Yes............................................................................................................................Consultation required' b) No......................................................................................................................................................go to 11 13 RCW SLOPES Manual — North Carolina March 2022 11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat would remain for each RCW group post -project? For information on how to conduct an FHA', refer to the "Procedures for Determining Foraging Habitat Availability' and the Private Land Guidelines.' a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred that adequate amounts of foraging habitat would remain post -project ................................. NLAA3 b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined inadequate amounts of foraging habitat would remain post -project......... Consultation required c) No, an FHA' has not been conducted...............................................................Consultation required 'Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action. For a list of USACE representatives, please see the contact list at: httio://saw-rep,.usace.army.mil/FO/PMList.lodf. 2No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the project as described. 3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits, submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations. 'Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey protocol (https://www.fws.Fov/rcwrecoverv/files/RecoveryPlan/survey protocol.pdf) SConsultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the contact list at http://saw-reg.usace.army.mil/Fo/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is necessary to discern if the activity would result in a "no effect," "not likely to adversely affect," or "likely to adversely affect" determination. 6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecoverv/matrix.html) and for determining foraging habitat availability (https://www.fws.gov/ncsandhills/files/fha data collection procedures.pdf). 'Follow link for additional information regarding determination for adequate amount of foraging habitat (https://www.fws.gov/rcwrecoverv/files/RecovervPlan/private lands guidelines.pdf). s FHA — When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence. Additional Information 14 APPENDIX B e.� United States Department of the Interior/ a FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: May 05, 2023 Project Code: 2023-0078332 Project Name: Hall Tract Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area contains suitable habitat for any of the federally -listed species on this species list, the proposed action has the potential to adversely affect those species. If suitable habitat is present, surveys should be conducted to determine the species' presence or absence within the project area. The use of this species list and/or North Carolina Natural Heritage program data should not be substituted for actual field surveys. New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered 05/05/2023 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/e 0-13186. php. 05/05/2023 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ■ Official Species List ■ Migratory Birds 05/05/2023 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 (919) 856-4520 05/05/2023 PROJECT SUMMARY Project Code: 2023-0078332 Project Name: Hall Tract Project Type: Residential Construction Project Description: approximately 138-acre project located on Old Ocean HWY 17 (Parcel ID: 1530001001) Bolivia, NC (Brunswick County) Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/034.0366636,-78.2080237489192,14z Counties: Brunswick County, North Carolina 05/05/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 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 STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws.gov/ecp/species/10515 BIRDS NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species. Species profile: 1-ittps://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/species/7614 05/05/2023 4 REPTILES NAME American Alligator Alligator mississippiensis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/776 STATUS Similarity of Appearance (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii There is proposed critical habitat for this species. Species profile: https://ecos.fws.gov/ecp/species/5523 Endangered 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/species/1493 Loggerhead Sea Turtle Caretto caretto 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 SNAILS NAME STATUS Magnificent Ramshorn Planorbella magni fica Proposed There is proposed critical habitat for this species. Your location does not overlap the critical Endangered habitat. Species profile: https://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/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2747 STATUS Candidate STATUS Endangered Endangered 05/05/2023 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 05/05/2023 MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds TreateT� 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. 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://ecos.fws.gov/ecp/species/9587 Bachman's Sparrow Aimophila aestivalis Breeds May This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 30 and Alaska. https://ecos.fws.gov/ecp/species/6177 05/05/2023 BREEDING NAME SEASON Bald Eagle Halioeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15 (BCRs) in the continental USA Painted Bunting Posserina ciris Breeds Apr 25 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15 (BCRs) in the continental USA Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. Red-headed Woodpecker Melonerpes erythrocepholus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. 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. https://ecos.fws.gov/ecp/species/8938 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 05/05/2023 3 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 ricBiCRKestrel BCC -- I — . — ' — .111 1111 HE 1111 O Bachman's Sparrow BCC Rangewide (CON) Vulnerable;""` - - - �■-1■■III--IIII■III■ 05/05/2023 Brown -headed ---+ —'-- —1-1 11�— Jill ��II III— —�'— ----—'�—'-1' ---' Nuthatch BCC -BCR Bunting - — — — — ---+ ++—I Jill Jill Jill III— — — — — — — — — --++ BCCe CR Prairie Warbler BCC Rangewide — — — — — — — — — — — — —1—' Jill Jill Jill — — — — — — — — — — — — — — — — (CON) Prothonotary on ---+ ---- Warbler —+—+ ++ Jill Jill Jill Jill --- ---- ---- -- BCC Rangewide (CON) Red-headed —+—+ ++�' + —IIII IIII IIII 11--Woodeaded — --++ BCC Rangewide (CON) Swallow-tailed — — — — — — — BCC Rangewide — —III Jill Jill Jill — — — — --I- — — — — — — — — — — — — (CON) Additional information can be found using the following links: ■ Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoidinii-and-minimizinii-incidental-take-miiiratorv-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. 05/05/2023 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). 05/05/2023 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. 05/05/2023 IPAC USER CONTACT INFORMATION Agency: Timmons Group Name: Emory Quillian Address: 5410 Trinity Road City: Raleigh State: NC Zip: 27607 Email emory.quillian@timmons.com Phone: 9193488841 Roy Cooper, Governor �■MoE NC DEPARTMENT OF No.up NATURAL AND CULTURAL RESOURCES 0 OEM May 5, 2023 Emory Quillian Timmons Group 5410 Trinity Rd Raleigh, NC 27607 RE: Hall Tract; 59364 Dear Emory Quillian: D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-21819 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: https://www.fws.aov/offices/Di rectory/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 nev.butlerCd�ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q) 121 W JONES STREET. RALEIGrt W 27603 • ►65114AIL SERIAC_ CENTER. RALEIGH. NC 27699 OFC 919.707.9120 • FAX 919.707.9121 } e / s mr-Ism- �\ =1 � � � �\ ]\ j\ j\ ON \ \ / c Ed z U7 ro Uo -Q C Lf) O � 0 L M M LO M U7 U) CV Vn Ln Ln N N N + + N N N N c 0 r6 CDE U L U ro Ea� cn cn � O c N c Q u m U U ry N W W 0 n m T U c � > O z U = J T r- U N I Ln N M M M Ln M M N ti a� _0 U U � L C ro N N U7 Q _C: Q Q O _ = J N N � Q M M (D v C- c c IL = W T U U U L1 Q u W U O coo o-) co 0 U Ln O N C o (D M O M M N7 CD ro N LLJ O O O N ~ZLnO m+ M N �_ d O CO00 00 00 N + >,T N n i O i 0 O O O O T U ro z Q a u O N O O 0o Ln n Ln oI O z U O � O O O O N � Q O � � � L - O z O 75 V) -D z U c v c N W Lr) (oO v_ E W (D N -0 O U v — 5 Q c E u O o a U m O U ro m O Q O u) E E El- Li - a) c c o w o -Q o o o U� L O Dco M� _, N W � i V c O L) z u) -C � r6 U Q Q ro Q Q N v 4 Q N U O C ro ro U t_n N J .Q 0 a Q O N O m Q 0 .� _ + � O U O Co %n ro 0— T— U —� + ro .� a) U o c + 1 Q-0 Q M i� V) Ln U U7 T U7 0) LLz r V7 U7 V7 U7 Q r6 O z O00 O O F- 00 6) CL) — ^ M N 6) 6) 6) O O Il- M 6D I� � r" � M N 0 Ln Ln Ln 0-)W G M M M M M M M U U) LL Lf) LL U u O T T T 0 N N a) C Q O L L ro E O � Ln � � ._ Q CU_ L N N -MO r6 o m O N W P (3 m O 0 LL LL Z U z U z U W M N O N 7 c a z v z ai O u, N � o � N � N d TG Z �U } °z a) °� �E C C ° o O � � > O a + O 0 U T > U N — — U C I;T 0 C: U U O L3 a � U 0 0 c 0-) c ° N N W Q T c Q — } + - U v + 5 N a C O o U O O— U a O -- 1 W -Y O � N u o (D o U -C -C (1) x O U) a� Q " O O U Ln n Q Lf) m U CD� o CD U N o` c �s c O ° O `n o 6 c C �� E CDw L + U CD N Q U C M o a N E - E N o b E > C N � Q � U a) O O ° 0 a 0 E u) z E ro o O J ao ao O m W -C u) u Q Q -0 C Q O ro 73 73 U r6 6 5 O m a) a)§ o 0) 0) v - I +� N U U t6 +� O r6 r6 a) 0) z Cn J CO 2� m 0 0- 0 M 4- C.) co L F— Cu r OD r CV z U z m I APPENDIX C Path: Y:\805\59364 - Hall Tract\GIS\59364-JD-VIC.mxd N SS i Site Limits f rr. fr i• j. A Site limits are approximate. Topographic imagery from USGS. 0 1,500 3,000 4,500 6,000 Feet HALL TRACT T I M M Q M S GROUP •' �• BRUNSWICK COUNTY, NORTH CAROLINA FIGURE 1: VICINITY MAP YOUR VISION ACHIEVED THROUGH OURS. TIMMONS GROUP JOB NUMBER:59364 U.S.G.S. QUADRANGLE(S):BOLIVIA PROJECT STUDY LIMITS: 138.9 ACRES DATE(S):2022 LATITUDE: 34.037097 WATERSHED(S):COASTAL CAROLINA (LUMBER RIVER BASIN) LONGITUDE:-78.208401 HYDROLOGIC UNIT CODE(S):03040208 These plans and associated documents are the exclusive property of TIMMONS GROUP and may not he reproduced in whole or in pan and shall not he used for any purpose whatsoever, inclusive, but not limited to construction, bidding, and/or construction staking without the express written consent of TIMMONS GROUP. 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V V V V N n O N V N V n Z c0 N I� � - iV !� ry _ _ _ _ _ _ _ _ _ _ _ _ _ O I� V i0 !� iV i� fll Z Z Z Z Z fn N Z Z Z (n N Z Z (n N N fn N N N N N N N N N Z (n N Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z Z N Z Z Z Z Z Z Z Z Z Z APPENDIX D Hall Tract — Habitat Assessment Representative view of mixed hardwood and pine forest understory, found in the northern portion of the Site. Open maintained area, found in the power utility easement transecting the northern portion of the Site. Canopy view of planted pine forested area, found in the northern portion of the Site. Canopy view of mixed hardwood and pine forested area, found in the northern portion of the Site. Planted mature pine forested area, found in the northern portion of the Site, with a dense understory. Representative view of mixed hardwood and pine forested area, found throughout the Site. • TIMMONS GROUP VO4UX Yl.ko-ll &CXJk V1If iHPI"IM" "ILL. United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Ecological Services Field Office Post Office Box 33726 Raleigh, NC 27636-3726 Phone: (919) 856-4520 Fax: (919) 856-4556 In Reply Refer To: Project Code: 2023-0121597 Project Name: Hall Tract August 25, 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 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 08/25/2023 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. 08/25/2023 3 We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds 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 (919) 856-4520 08/25/2023 4 PROJECT SUMMARY Project Code: 2023-0121597 Project Name: Hall Tract Project Type: Residential Construction Project Description: res dev Project Location: The approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)34.036729199999996,-78.20809154303265,14z 0 Counties: Brunswick County, North Carolina 08/25/2023 5 ENDANGERED SPECIES ACT SPECIES There is a total of 14 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME STATUS Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https:Hecos.fws.gov/ecp/species/10515 BIRDS NAME STATUS Piping Plover Charadrius melodus Threatened Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except those areas where listed as endangered. There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6039 Red Knot Calidris canutus ru fa Threatened There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/1864 Red -cockaded Woodpecker Picoides borealis Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/7614 08/25/2023 H. REPTILES NAME STATUS American Alligator Alligator mississippiensis Similarity of No critical habitat has been designated for this species. Appearance Species profile: https:Hecos.fws.gov/ecp/species/776 (Threatened) Green Sea Turtle Chelonia mydas Threatened Population: North Atlantic DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/6199 Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered There is proposed critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/5523 Leatherback Sea Turtle Dermochelys coriacea Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1493 Loggerhead Sea Turtle Caretta caretta Threatened Population: Northwest Atlantic Ocean DPS There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: https:Hecos.fws.gov/ecp/species/1110 SNAILS NAME STATUS Magnificent Ramshorn Planorbella magni fica Endangered There is final critical habitat for this species. Species profile: https:Hecos.fws.gov/ecp/species/6216 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Cooley's Meadowrue Thalictrum cooleyi Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3281 Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/2747 08/25/2023 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds 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) MIGRATORY BIRD INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. 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 08/25/2023 E3 requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects 08/25/2023 For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 08/25/2023 IPAC USER CONTACT INFORMATION Agency: Timmons Group Name: Emory Quillian Address: 5410 Trinity Road City: Raleigh State: NC Zip: 27607 Email emory.quillian@timmons.com Phone: 9193488841 Roy Cooper, Governor ■ ■■■ r ■■ ■ INC DEPARTMENT OF ■■,■i NATURAL AND CULTURAL RESOURCES ■ ■■ August 25, 2023 Morgan Gilbert Timmons Group 5410 Trinity Road Raleigh, NC 27606 RE: Hall Tract Dear Morgan Gilbert: ❑. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-23121 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES 121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609 OFC 919.707.9120 • FAX 919.707.9121 -40 N CO C CO M � N N c O CO O N N ui Ln H N N Q Q ° D Z — I � U D Qz CO z 7 U u 0 c E W �7 CO N I it, co z N � c M co n C O CMR (� C� cn N + +� U a) CO CO LF CO E O� co cn CO W � E O D O � O > Q M N U C � E CO W U FY H O 0 N E CO z E CO O E Q E O U U N O C � N z I U E . 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