20231001 Ver 1_More Info Received_20230926 (2)

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United States Department of the Interior �•/'
FISH AND WILDLIFE SERVICE
1RCH 3 } Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: June 29, 2023
Project code: 2023-0099307
Project Name: Pelican Landing & Riverwalk Pointe
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Federal agency coordination under the Endangered Species Act, Section 7 for
'Pelican Landing & Riverwalk Pointe'
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 June 29, 2023, for
'Pelican Landing & Riverwalk Pointe' (here forward, Project). This project has been assigned
Project Code 2023-0099307 and all future correspondence should clearly reference this number.
Please carefully review this letter. Your Endangered Species Act (Act) requirements may
not be complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key (DKey), invalidates this letter. Answers to
certain questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis completed by the Service, your project
has reached the determination of "May Affect, Not Likely to Adversely Affect" the northern
long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your

06/29/2023
IPaC-assisted determination was incorrect, this letter verifies that consultation on the Action is
complete and no further action is necessary unless either of the following occurs:
new information reveals effects of the action that may affect the northern long-eared bat in
a manner or to an extent not previously considered; or,
the identified action is subsequently modified in a manner that causes an effect to the
northern long-eared bat that was not considered when completing the determination key.
15-Day Review Period
As indicated above, the Service will notify you within 15 calendar days if we determine that this
proposed Action does not meet the criteria for a "may affect, not likely to adversely
affect" (NLAA) determination for the northern long-eared bat. If we do not notify you within that
timeframe, you may proceed with the Action under the terms of the NLAA concurrence provided
here. This verification period allows the identified Ecological Services Field Office to apply local
knowledge to evaluation of the Action, as we may identify a small subset of actions having
impacts that we did not anticipate when developing the key. In such cases, the identified
Ecological Services Field Office may request additional information to verify the effects
determination reached through the Northern Long-eared Bat DKey.
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 magni fica Proposed Endangered
■ Monarch Butterfly Danaus plexippus Candidate
■ Piping Plover Charadrius melodus Threatened
• Red Knot Calidris canutus rufa Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
■ Rough -leaved Loosestrife Lysimachia asperulae folio Endangered
■ Tricolored Bat Perimyotis sub flavus Proposed Endangered
You may coordinate with our Office to determine whether the Action may affect the species and/
or critical habitat listed above. Note that reinitiation of consultation would be necessary if a new
species is listed or critical habitat designated that may be affected by the identified action before
it is complete.

06/29/2023
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2023-0099307 associated
with this Project.

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4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Pelican Landing & Riverwalk Pointe
2. Description
The following description was provided for the project'Pelican Landing & Riverwalk Pointe':
The project is located on the west side of River Road NE, in Leland, Brunswick
County, NC. It is a small scale residential development that is anticipated to start
within 6 months.
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.1783361,-77.99297772542533,14z
F

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

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6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
7. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
Yes
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-key_
selected -definitions
No
10. Your project overlaps with an area where northern long-eared bats may be present year-
round.
Is suitable northern long-eared bat habitat present within 1000 feet of project activities?
Yes

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11. Will the action cause effects to a bridge?
No
12. Will the action result in effects to a culvert or tunnel?
No
13. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
14. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
15. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
Yes
16. Will any new road go through any area of contiguous forest that is greater than or equal to
10 acres in total extent?
Note: "Contiguous forest" of 10 acres or more may includes areas where multiple forest patches are separated by
less than 1,000 feet of non -forest if the forested patches, added together, comprise at least 10 acres.
Yes
17. For every 1,000 feet of new road that crosses between contiguous forest patches, will there
be at least one place where bats could cross the road corridor by flying less than 33 feet
(10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road
surface?
Yes
18. Will the proposed action involve the creation of a new water -borne contaminant source
(e.g., leachate pond pits containing chemicals that are not NSF/ANSI 60 compliant)?
No

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M.
19. Will the proposed action involve the creation of a new point source discharge from a
facility other than a water treatment plant or storm water system?
No
20. Will the action include drilling or blasting?
No
21. Will the action involve military training (e.g., smoke operations, obscurant operations,
exploding munitions, artillery fire, range use, helicopter or fixed wing aircraft use)?
No
22. Will the proposed action involve the use of herbicides or pesticides other than herbicides
(e.g., fungicides, insecticides, or rodenticides)?
No
23. Will the action include or cause activities that are reasonably certain to cause chronic
nighttime noise in suitable summer habitat for the northern long-eared bat? Chronic noise
is noise that is continuous or occurs repeatedly again and again for a long time.
Note: Additional information defining suitable summer habitat for the northern long-eared bat can be found at:
https://www. fws. gov/media/northem-long-eared-bat-assisted-determination-key-selected-definitions
No
24. Does the action include, or is it reasonably certain to cause, the use of artificial lighting
within 1000 feet of suitable northern long-eared bat roosting habitat?
Note: Additional information defining suitable roosting habitat for the northern long-eared bat can be found at:
https://www. fws. gov/media/northem-long-eared-bat-assisted-determination-key-selected-definitions
No
25. Will the action include tree cutting or other means of knocking down or bringing down
trees, tree topping, or tree trimming?
Yes
26. Has a presence/probable absence summer bat survey targeting the northern long-eared bat
following the Service's Range -wide Indiana Bat and Northern Long -Eared Bat Survey
Guidelines been conducted within the project area? If unsure, answer "No."
No
27. Does the action include emergency cutting or trimming of hazard trees in order to remove
an imminent threat to human safety or property? See hazard tree note at the bottom of the
key for text that will be added to response letters
Note: A "hazard tree" is a tree that is an immediate threat to lives, public health and safety, or improved property
and has a diameter breast height of six inches or greater.
No

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28. Your project overlaps with an area where northern long-eared bats may be present year-
round. To minimize or avoid impacts to the northern long-eared bat, all activities affecting
trees should not occur from December 15th to February 15th and April 15th to July 30th.
Will any project activites occur from December 15th to February 15th and/or April 15th to
July 30th.
Yes

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10
PROJECT QUESTIONNAIRE
Will all project activities by completed by April 1, 2024?
Yes

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11
IPAC USER CONTACT INFORMATION
Agency:
Southern Environmental Group, Inc. (SEGi)
Name:
Dana Lutheran
Address:
5315 South College Road
Address Line 2:
Suite E
City:
Wilmington
State:
NC
Zip:
28412
Email
[e-mail]
Phone:
9102281841
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: Gary Beecher
Email: [e-mail]