20231203 Ver 1_406 & 410 Caswell Beach Rd PCN Attachments 8-29-23_20230830

406 & 410 Caswell Beach Road
Caswell Beach, Brunswick Co., North Carolina
SAW-2018-01916
Pre -Construction Notification Attachments
Prepared for:
Mr. Fred Flieler
202 SE 64th St.
Oak Island, NC 28465
910-269-3051
Prepared by:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
Date:
29 August 2023

406 & 410 Caswell Bch. Rd. PCN Attachments 8-29-23 SEGi
Appendices
Number
Description
1
Parcel Information and Aerial
2
Division of Water Resources Water Classification Map
3
USACE Jurisdictional Determination
4
410 & 412 Caswell Beach Site Plan & Wetland Impact Map
5
NC SHPO HPOWEB2.0
6
Brunswick County GIS Flood Map
7
Agent Authorization
8
USFWS Official Species List and NLEB Consistency Letter

406 & 410 Caswell Bch. Rd. PCN Attachments 8-29-23 SEGi
Attachment 1
Parcel Information & Aerial

406 & 410 Caswell Bch. Rd. PCN Attachments 8-29-23 SEGi
Attachment 2
DWR Water Classification Map

406 & 410 Caswell Bch. Rd. PCN Attachments 8-29-23 SEGi
Attachment 3
USACE Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01916 County: Brunswick County U.S.G.S. Quad: Southport
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Kenneth 11. Finnerud (ETALS)
Address:
Telephone Number:
Size (acres)
Nearest Waterway
USGS HUC
3209 Kenly Court
Raleigh, NC 27607
[phone]
0.29 acres
Lontr Bay,
03030005
Nearest Town Caswell Beach, NC
River Basin Cape Fear
Coordinates Latitude: 33.893910
Longitude:-78.039736
Location description: 'These (2) undeveloped lots are located on Caswell Beach Road 0.3„miles west of the lighthouse and 1.1
miles east of Ocean Greens Lane in Caswell Beach Brunswick County. NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ There are waters, it►clitding wetlands, on the above described protect area, that may be sub ject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 ofthc 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 (lie basis of preliminary 31) 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
detennination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR fart
33 1). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
There are 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 (RBA) (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/RllAjurisdiction 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. on your
property delineated. As the Cops may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation That can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described 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.
X 'There are 404 wetlands within the above described 0.29 acre project area subject to the hermit requirements of Section
404 of the Clean Water Act (CWA) (33 USC 4 1344). Unless there is a change in the law or our published regulations, this
determination niny be relied upon fora period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. 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 I of 2

rSAW-2418-01916
X The wetlands within your 0.29 acre ro'ect area have been delineated and the delineation has been verified by., the
Corns. We strongly suggest. you have this delineation surveyed. Upon con letion this sarvey should be reviewed and
verified by the Corps. Once verified, this survey will provide an accurate depiction_ of all areas subject to CWA
itrrisdiction on your nroperty whichprovided there is no than a in the law or our published regulations, may be relied
uuon for a period not to exceed five years,.
_ 'rho 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 the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section. 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the elate of this notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
.(CAM&L You should contact the Division of Coastal Mang errtent in Wilmington, IBC to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit inay
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 § 40I 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
Gary.Il.Beeclter a,usace.armv.nril.
C. Basis For Determination: 'Phis Rroject exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and the Atlantic and Gull' Coastal Plain Regional Supplement and is hydraulically connected to Smokehouse
Creek which in turn drains into the Intracoastal Waterway TN
D. Remarks: 'There are no Jurisdictional ditches on this 0.29 acre ro'ect. There are approximately 0.07 acres of 404
wetlands and coastal wetlands combined_ within the project. area.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information 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 trust submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room I OM 15
Atlanta, Georgia 30303-8801
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 NAY. Should you
decide to submit an RFA form, it must be received at fire above address by January 13, 2018.
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: AM� j=777=
Date: November 15, 2018 Expiration Date: November 15, 2023

SAW-2018-01916
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
htt ://cot stna 11.usace.arlil .niil/em a ex/f?=136:4:Q.
Cop} Fnrnislled via e-mail to:
Wes Fryer
Land Management Groin
3805 Wrightsville Avenue Suite 15
Wilmington, NC 28403
[phone]
wf -yar u,lingrou0, net

406 & 410 Caswell Bch. Rd. PCN Attachments 8-29-23 SEGi
Attachment 4
406 & 410 Caswell Beach Site Plan
Wetland Impact Map

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406 & 410 Caswell Bch. Rd. PCN Attachments 8-29-23 SEGi
Attachment 5
NC SHPO HPOWEB2.0 Map
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406 & 410 Caswell Bch. Rd. PCN Attachments 8-29-23 SEGi
Attachment 6
Brunswick County GIS Flood Map

406 & 410 Caswell Bch. Rd. PCN Attachments 8-29-23 SEGi
Attachment 7
Agent Authorization

5EC1
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: L-25 B-4 S-B CB PLAT 8/96&
LOT NO. PLAN NO. PARCEL I.D. 251NA028
STREET ADDRESS: - 406 & 410 Caswell Beach Road
Property Owner (please print): Fred Flieler
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGi) to act on their behalf in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
202 SE 64th St
Oak Island, NC 28465
Telephone:
910-269-3051
We hereby certify the above information submitted in this application is true and accurate to the best of
our kno ledge. !
erty er Authorized Signature SEGi Authorized Signature
P4
Fred Flieler
Print Name
5-2-2022
Date
David Scibetta
Print Name
5/2/22
Date

406 & 410 Caswell Bch. Rd. PCN Attachments 8-29-23 SEGi
Attachment 8
USFWS Official Species List
NLEB Consistency Letter

�-VNT QC`Th'
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0123690
Project Name: 406 & 410 Caswell Beach Road, Caswell Beach, NC
August 30, 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

08/30/2023
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/default/files/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.

08/30/2023
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
■ USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
■ Marine Mammals
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

08/30/2023
PROJECT SUMMARY
Project Code: 2023-0123690
Project Name: 406 & 410 Caswell Beach Road, Caswell Beach, NC
Project Type: Residential Construction
Project Description: The project is comprised of two lots that are located on the back side of a
barrier island. Hardwood forest wetlands make up the back of one of the
lots. Two single family dwellings to be constructed within the next 2
months.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)33.8939035.-78.03974299999999.14z
Counties: Brunswick County, North Carolina

08/30/2023
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
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Northern Long-eared Bat Myotis septentrionalis Endangered
No critical habitat has been designated for this species.
Species profile: htips:Hecos.fws.gov/ecp/species/9045
West Indian Manatee Trichechus manatus Threatened
There is final critical habitat for this species. Your location does not overlap the critical habitat.
This species is also protected by the Marine Mammal Protection Act, and may have additional
consultation requirements.
Species profile: https://ecos.fws.gov/ecp/species/4469
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: htips://ecos.fws.gov/ecp/species/7614

08/30/2023
REPTILES
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: htips: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: htips://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Endangered
There is proposed critical habitat for this species.
Species profile: https: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: htips:Hecos.fws.gov/ecp/species/1110
NAME STATUS
Magnificent Ramshorn Planorbella magnifica Endangered
There is final critical habitat for this species.
Species profile: https://ecos.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: htips:Hecos.fws.gov/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
No critical habitat has been designated for this species.
Species profile: htips://ecos.fws.gov/ecp/species/2747

08/30/2023
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.
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
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

08/30/2023
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
fts:Hecos.fws.gov/ecp/species/9587
American Oystercatcher Haematopus palliatus Breeds Apr 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
fts:Hecos.fws.gov/ecp/species/8935
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Jul 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Black Skimmer Rynchops niger Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 15
and Alaska.
btips:Hecos.fws.gov/eqp/species/523
Brown -headed Nuthatch Sitta pusilla Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 15
(BCRs) in the continental USA
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Gull -billed Tern Gelochelidon nilotica Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
fts:Hecos.fws.gov/ecp/species/9501
Lesser Yellowlegs Tringa flavipes Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
btips:Hecos.fws.gov/eqp/species/9679
Marbled Godwit Limosa fedoa Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
fts:Hecos.fws.gov/ecp/species/9481
Painted Bunting Passerina ciris Breeds Apr 25
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15
(BCRs) in the continental USA

08/30/2023
BREEDING
NAME SEASON
Prairie Warbler Dendroica discolor Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Ju131
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 Melanerpes erythrocephalus Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Ruddy Turnstone Arenaria interpres morinella Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Rusty Blackbird Euphagus carolinus Breeds
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
Short -billed Dowitcher Limnodromus griseus Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
btips:Hecos.fws.gov/eqp/species/9480
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.
fts:Hecos.fws.gov/ecp/species/8938
Willet Tringa semipalmata Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5
and Alaska.
Wilson's Plover Charadrius wilsonia Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Aug 20
and Alaska.
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

08/30/2023
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
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 ()
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

08/30/2023
11
American Kestrel ' ," "'M TIME ■� '— +� + ' +' '—',
+ + ++++ ++ ++++ ++++ ++ + +++ + +
BCC - BCR MMM MMMM mmm.
American y++, ++++
Oystercatcher T
BCC Rangewide
(CON)
Bald Eagle Non -BCC '++ ++ +++ I I I I 11 1 1 1 1 1 �_ + +— Jill Jill + I JillME� ,+ , III
Vulnerable
11
Black Skimmer MMr
BCC Rangewide +++ ++++ +++' +++ 1 1 I y j j++, +++� �::: i —++ ++++ +++' +—++
(CON) -- — — —
Nuthatch Brown -headed Jill 111+ 1111111,1 I 1 i �110 +0111++— +—+1 ++JJ +++ +—Il
BCC -BCR
Chimney Swift + + + I 1 1116 i� , '' ' 1— +�'+ + +
BCC Rangewide ++ + ++ +- I 1 + + + + ++++ + ++ +� +
(CON) ___ ____ ____
Gull -billed Tern ++++ ++++ ++++ ++++ I 1 1 I ++•'•,q ,++— +—++ ++++ ++++ +—++
BCC Rangewide
(CON)
Lesser Yellowlegs y++� ++++ ++++ ++++ ++++ ++++ ++++ +++— +�++ ++++ ++++ +—++
BCC Rangewide T
(CON)
Marbled Godwit T+++ ++++ ++++ ++I+ ++++ ++++
BCC Rangewide T
(CON)
Painted Bunting I I 1 +„+ ++++ „" Jill',', 11+1 j�rt +—++ ++++ ++++ +—++
BCC -BCR
Prairie Warbler 1 1 BCC Rangewide Jill
(CON)
Prothonotary
Warbler ++ + ++ ++++ ++++ +++ +++— +—++ ++++ ++++ +—++
BCC Rangewide bMM
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed jj+++
�+
Pecker W od
BCC Rangewide --- ---- -- ' --'
(CON)
Ruddy Turnstone Jill 1$11 Jill 11+1 Jill 11++ ++++ 1+11 Jill Jill Jill 11+1
BCC -BCR
Rusty Blackbird +++ ++++ ++++ ++++ ++++ ++++ ++++ +++— +—++ ++++ ++'+ +—+,
BCC -BCR

08/30/2023 12
Short -billed 1++, "++ ++++ +++, ++++ ++++ ++++ +++— +—++ ++++ ++++ +—',
Dowitcher
BCC Rangewide
(CON)
Swallow-tailed Kite I ��� ����
BCC Rangewide ++++ ++++ Im ���� JJJ ++++ +++— +—++ ++++ ++++ +—++
(CON) NII ir
BC1C let Rangewide +$+' ++11 1111 111+ J11, ,111 111— +11' ++'+ 111''—''
(CON)
Wilson's Plover +++ ++++ ++++ +++I 1$+l ++++ ++++
BCC Rangewide
(CON) _��� ���� doom moor
Additional information can be found using the following links:
■ Birds of Conservation Concern https://www.fws.goy/program/migratory-birds/species
■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librgM/
collections/avoidine-and-minimizine-incidental-take-migratorv-birds
■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
BCC and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.

08/30/2023
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
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

08/30/2023
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.
MARINE MAMMALS
Marine mammals are protected under the Marine Mammal Protection Act. Some are also
protected under the Endangered Species Act! and the Convention on International Trade in
Endangered Species of Wild Fauna and Flora.
The responsibilities for the protection, conservation, and management of marine mammals are
shared by the U.S. Fish and Wildlife Service [responsible for otters, walruses, polar bears,
manatees, and dugongs] and NOAA Fisheries3 [responsible for seals, sea lions, whales, dolphins,
and porpoises]. Marine mammals under the responsibility of NOAA Fisheries are not shown on
this list; for additional information on those species please visit the Marine Mammals page of the
NOAA Fisheries website.

08/30/2023
The Marine Mammal Protection Act prohibits the take of marine mammals and further
coordination may be necessary for project evaluation. Please contact the U.S. Fish and Wildlife
Service Field Office shown.
1. The Endangered Species Act (ESA) of 1973.
2. The Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES) is a treaty to ensure that international trade in plants and animals does not
threaten their survival in the wild.
3. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
WILIUMMI
West Indian Manatee Trichechus manatus
Species profile: https:Hecos.fws.gov/ecp/species/4469

08/30/2023
IPAC USER CONTACT INFORMATION
Agency: Southern Environmental Group, Inc.
Name: Dana Lutheran
Address: 5315 South College Road
Address Line 2: Suite E
City: Wilmington
State: NC
Zip: 28412
Email [e-mail]
Phone: [phone]

�-,VNT oC`Th'
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project code: 2023-0123690
Project Name: 406 & 410 Caswell Beach Road, Caswell Beach, NC
Federal Nexus: yes
Federal Action Agency (if applicable):
August 30, 2023
Subject: Record of project representative's no effect determination for'406 & 410 Caswell
Beach Road, Caswell Beach, NC'
Dear Dana Lutheran:
This letter records your determination using the Information for Planning and Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Service (Service) on August 30, 2023, for
'406 & 410 Caswell Beach Road, Caswell Beach, NC' (here forward, Project). This project has
been assigned Project Code 2023-0123690 and all future correspondence should clearly
reference this number. Please carefully review this letter.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis, your project has reached the
determination of "No Effect" on the northern long-eared bat. To make a no effect determination,
the full scope of the proposed project implementation (action) should not have any effects (either
positive or negative), to a federally listed species or designated critical habitat. Effects of the
action are all consequences to listed species or critical habitat that are caused by the proposed

08/30/2023 IPaC Record Locator: 994-131130263
action, including the consequences of other activities that are caused by the proposed action. A
consequence is caused by the proposed action if it would not occur but for the proposed action
and it is reasonably certain to occur. Effects of the action may occur later in time and may
include consequences occurring outside the immediate area involved in the action. (See §
402.17).
Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no
consultation with the Service is required (ESA §7). If a proposed Federal action may affect a
listed species or designated critical habitat, formal consultation is required except when the
Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species
or designated critical habitat [50 CFR §402.02, 50 CFR§402.13].
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
■ American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
■ Cooley's Meadowrue Thalictrum cooleyi Endangered
■ Green Sea Turtle Chelonia mydas Threatened
■ Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
■ Leatherback Sea Turtle Dermochelys coriacea Endangered
■ Loggerhead Sea Turtle Caretta caretta Threatened
■ Magnificent Ramshorn Planorbella magnifica Endangered
■ Monarch Butterfly Danaus plexippus Candidate
■ Piping Plover Charadrius melodus Threatened
■ Red Knot Calidris canutus ru fa Threatened
■ Red -cockaded Woodpecker Picoides borealis Endangered
■ Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
■ West Indian Manatee Trichechus manatus Threatened
You may coordinate with our Office to determine whether the Action may affect the animal
species listed above and, if so, how they may be affected.
Next Steps
Based upon your IPaC submission, your project has reached the determination of "No Effect" on
the northern long-eared bat. If there are no updates on listed species, no further consultation/
coordination for this project is required with respect to the northern long-eared bat. However, the
Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical

08/30/2023 IPaC Record Locator: 994-131130263 3
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place to ensure compliance with the Act.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2023-0123690 associated
with this Project.

08/30/2023 IPaC Record Locator: 994-131130263
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
406 & 410 Caswell Beach Road, Caswell Beach, NC
2. Description
The following description was provided for the project'406 & 410 Caswell Beach Road, Caswell
Beach, NC':
The project is comprised of two lots that are located on the back side of a barrier
island. Hardwood forest wetlands make up the back of one of the lots. Two single
family dwellings to be constructed within the next 2 months.
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)33.8939035,-78.03974299999999,14z
:;rn
�".r 5- tj

08/30/2023 IPaC Record Locator: 994-131130263
DETERMINATION KEY RESULT
Based on the information you provided, you have determined that the Proposed Action will have
no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no
consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the
Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required
for those species.
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. Do you have post -white nose syndrome occurrence data that indicates that northern long-
eared bats (NLEB) are likely to be present in the action area?
Bat occurrence data may include identification of NLEBs in hibernacula, capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed acoustic detections. With this
question, we are looking for data that, for some reason, may have not yet been made
available to U.S. Fish and Wildlife Service.
No
3. Does any component of the action involve construction or operation of wind turbines?
Note: For federal actions, answer `yes' if the construction or operation of wind power facilities is either (1) part
of the federal action or (2) would not occur but for a federal agency action (federal permit, funding, etc.).
No
4. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
5. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No

08/30/2023 IPaC Record Locator: 994-131130263
6. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
7. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
8. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
9. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-kM-
selected -definitions
Yes

08/30/2023 IPaC Record Locator: 994-131130263
PROJECT QUESTIONNAIRE
Will all project activities by completed by April 1, 2024?
Yes

08/30/2023 IPaC Record Locator: 994-131130263 8
IPAC USER CONTACT INFORMATION
Agency: Southern Environmental Group, Inc.
Name: Dana Lutheran
Address: 5315 South College Road
Address Line 2: Suite E
City: Wilmington
State: NC
Zip: 28412
Email [e-mail]
Phone: [phone]