HomeMy WebLinkAbout202400447 Ver 1_Timber Farms Attachments_20231110DAVEYI-,
Resource Group
November 10, 2023
TO: US Army Corps of Engineers NC Division of Water Resources
69 Darlington Avenue 127 Cardinal Drive Extension
Wilmington, NC 28403 Wilmington, NC 28405
RE: Timber Farms Commercial; Brunswick County, NC
NWP 39 Application
SAW-2020-01560; SAW-2002-00088
To Whom It May Concern:
On behalf of GFB Associates IV, LLC, Davey Resource Group is submitting a Pre -Construction
Notification form and associated attachments for the Timber Farms Commercial Development
Project located off Hwy 17 and Longwood Rd NW in Shallotte, NC. The purpose of the project is
to construct a commercial/retail development within the site to serve the retail needs of the
community.
The project proposes to impact 0.343 acre of jurisdictional ditches and 225 LF (0.018 ac) of stream
for access and general site development. DRG performed an assessment of the stream to be
impacted using NCSAM and it rated Low. Because impacts are below the typical mitigation
thresholds for the USACE and NCDWR and because it is a low -quality system, no mitigation is
proposed.
If you have any questions, or would like to discuss the application, please do not hesitate to call.
Thank you for your assistance.
Sincerely,
Kim Williams
Environmental Scientist
Encl.
Phone: 910.452.0001 • Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
TIMBER FARMS COMMERCIAL DEVELOPMENT
Brunswick County, NC
PCN Attachments
Table of Contents
1.0 AGENT AUTHORIZATION FORM
2.0 PRE -FILE REQUEST
3.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
Figure 5. Site Plan Showing Proposed Impacts
Figure 6. Cross Section of Stream Road Crossing
4.0 JURISDICTIONAL DETERMINATIONS
PJD for Western Tract
Wetland Delineation Concurrence for Eastern Tract
5.0 STREAM ASSESSMENT (NCSAM)
6.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC List
USFWS NLEB Determination Key
7.0 SHPO CORRESPONDENCE
1.0 AGENT AUTHORIZATION FORM
DAVEY#,,.
Resource Group
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN,
1/we, the undersigned, hereby authorize Davey resource Group, fnc. to as as our agent in the
preparation and representation of infoTmatim related to the Section 404/401 permit application
for Timber Farms Commercial Devclopmen hici 1h located at Hwy 17 and Longwood Dr NW
in Shallotte, NC (Brunswick County). All questions regarding this project should be directed to
Davey Resource Group,
Sincerely,
Applicant
j �r lc CP
Print Name
Date
Phone: 910.452.0001 * FR14: 910,452,0060
3SOS WrighmiIle Avenue, 5uite 15 • WiJmington, NC 28&d3
2.0 PRE -FILE REQUEST
9/25/23, 7:27 AM The Davey Tree Expert Company Mail - Timber Farms Commercial; Brunswick Co.; Pre -File Request
DAVEYS Williams, Kim <kim.williams@davey.com>
Timber Farms Commercial; Brunswick Co.; Pre -File Request
1 message
Williams, Kim <Kim.Williams@davey.com>
To: 401 PreFile@ncdenr.gov
Fri, Sep 8, 2023 at 10:10 AM
Hello -
We are working on a project for GFB Associates IV LLC to construct a commercial development off Hwy 17 in Shallotte,
NC (Brunswick County). The engineer is currently preparing a site plan and jurisdictional stream and ditch impacts are
anticipated.
Applicant:
GFB Associates IV LLC; David Bloom (dwskb@att.et) and Fox Johnston (fox@fbright.com)
Site:Timber Farms Commercial; Shallotte, NC (Brunswick Co.)
This email serves as our pre -filing meeting request.
Thanks so much!
Kim
Kim Williams I Section Manager
Davey Resource Group, Inc.
Direct: 910-452-0001 x 1908 1 Cell: 910.471.5035 1 Fax: 910.452.0060
3805 Wrightsville Ave., Suite 15 1 Wilmington, NC 28403
DAVEY
Resource Group
Visit our local office page
https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view= pt&sea rch =a ll&pe rmth id =th read -a: r6544486496925031635%7Cmsg-a:r443622572435743009... 1 /1
3.0 SITE MAPS
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. Soils Map
Figure 4. Aerial Photograph
Figure 5. Site Plan Showing Proposed Impacts
Figure 6. Cross Section of Stream Road Crossing
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4.0 JURISDICTIONAL DETERMINATIONS
PJD for Western Tract
Wetland Delineation Concurrence for Eastern Tract
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2002-00088 County: Brunswick County U.S.G.S. Quad: Shallotte
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
E-mail Address:
Timber Farms LLC
Ed Gore
1350 Hickman Road NW
Calabash, NC 28467-1703
(910)443-1856
gregsunsetrealtvn gmail.com
Size (acres) 698.1 acres
Nearest Waterway Jinnys Branch
USGS HUC 03040208
Nearest Town Shallotte, NC
River Basin Lower Pee Dee
Coordinates Latitude: 33.957305
Longitude:-78.519710
Location description: This 698 acre uroiect is located between Pea Landing Road and Longwood Road NW in Shallotte,
Brunswick County, NC. (Parcel IDs:19400008,19500004,2110005703,21100069,2110006903,2110004607,21100046202)
Indicate Which of the Following Avvly:
A. Preliminary Determination
X There are waters, including wetlands, on the above described project area, 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 preliminaa 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 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 (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. onyour
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described 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.
Page 1 of 2
SAW-2002-00088
_ There are waters of the U.S., including wetlands, on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters 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.
_ The waters of the U. S., including wetlands, on your project area 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, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The waters 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 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
Garv.H.BeecherC&usace.armv. mil.
C. Basis For Determination: This site appears to exhibit wetland criteria as described in the 1987 Corps Wetland
Delineation Manual and the Regional Coastal Supplement.
D. Remarks: This site was reviewed by using desk top information and by using the previous wetland delineation and
Approved JD as a resource.
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 must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Philip Shannin Appeal Review Officer
60 Forsyth Street SW, Room 1OM15
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 NAP. Should you
decide to submit an RFA form, it must be received at the above address by N/A.
SAW-2002-00088
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:
BEECH ER.GARY.H.1052973208 Date:2l0signed2 04.0161 :27:35BEECHE04'oR.GQRY.H.1052973208
Date: April 1, 2020 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
http://corpsmapu.usace.artny.mil/cm qpex/f?p=l36 A:0.
Copy Furnished via e-mail to:
Elizabeth Freedland
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
(910) 452-0001
efreedland(d 1mgroup.net
SAW-2002-00088
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Timber Farms LLC
File Number: SAW-2002-00088
Date: April 1, 2020
Ed Gore
Attached
is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/Res4ulatoiyPros4ramandPennits.aspx o
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
SAW-2002-00088
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Rcgulatory Division,
Mr. Philip Shannin, Administrative Appeal Review Officer
Attn: Gary Beecher
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Rcgulatory Division, Attn: Gary Beecher, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
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Timber Farms, Greg Gore\Maps\GIS
Boundaries are approximate and not meant to be absolute.
Miles
Map Source: 2008 Delorne Atlas & Gazetteer, pg. 86
Scale applies to 11X17" print.
Timber Farms
Brunswick County, NC4LMG
Figure 1
August 2019
oAFKA —p-r
Wrightsville
Vicinity Map
LMG # 03-17-338
3805 Avenue
Wilmington, NC 28403
(910) 452-0001
This is not a survey. All boundaries and distances are considered 11
approximate. This represents a preliminary sketch prepared from field
notes. The site has not been field verified by the USACE at this time.
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Scale applies to 11X17" print.
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Figure 8
LAND MANAG@MBNTGROUP
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3805 Wrigh�tsAlle * a r
Reference Map
LMG # 17.338
Wilmington, NC 28403
(910) 452-0001
11 /8/21, 12:24 PM The Davey Tree Expert Company Mail - Fwd: Wetland Delineation Concurrence statement for SAW-2020-01560 (Timber Farms I...
DAVEYS
Williams, Kimberlee <kwilliams@Imgroup.net>
Fwd: Wetland Delineation Concurrence statement for SAW-2020-01560 (Timber
Farms II) in Brunswick County, NC
1 message
Novak, Corey <cnovak@lmgroup.net> Tue, Nov 2, 2021 at 7:18 AM
To: Doug Wendel <doug@aohardee-son.com>
Cc: "Williams, Kimberlee" <kwilliams@lmgroup.net>, "Freedland, Elizabeth" <efreedland@lmgroup.net>
Hi Doug,
Here is the official concurrence on our wetland delineation at Timber Farms II from the U.S. Army Corps of Engineers.
They are issuing these Delineation Concurrence Letters instead of Jurisdictional Determinations now for projects that
don't have Isolated wetlands. This is all you need to proceed with permitting and site development.
Thanks,
Corey Novak, PWS I Senior Environmental Scientist
Land Management Group I Environmental Consultants
3805 Wrightsville Ave I Suite 15 1 Wilmington, NC 28403
Direct: 910.452.0001 x 1905 1 Cell: 910.471.0508 1 Fax: 910.452.0060
tLMG
a DIEV . coyapny
---------- Forwarded message ---------
From: Beecher, Gary H CIV USARMY CESAW (USA) <Gary.H.Beecher@usace.army.mil>
Date: Mon, Nov 1, 2021 at 10:15 AM
Subject: Wetland Delineation Concurrence statement for SAW-2020-01560 (Timber Farms II) in Brunswick County, NC
To: Novak, Corey <cnovak@lmgroup.net>
Corey,
Reference is made to ORM ID SAW-2020-01560, please reference this number on any correspondence regarding this
action located at 231 Longwood Road NW, Ocean Isle Beach, Brunswick County, NC.
We received information from you requesting the Wilmington District, Regulatory Division review and concur with the
boundaries of an aquatic resource delineation.
We have reviewed the information provided by you concerning the aquatic resources, and by copy of this e-mail, are
confirming that the aquatic resources delineation has been verified by the Corps to be sufficiently accurate and reliable for
permitting actions and the determination of compensatory mitigation requirements. The boundaries of these aquatic
https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view=pt&search=all&permthid=thread-f%3A1715315120390368875%7Cmsg-f%3A1715315120390... 1 /2
11 /8/21, 12:24 PM The Davey Tree Expert Company Mail - Fwd: Wetland Delineation Concurrence statement for SAW-2020-01560 (Timber Farms I...
resources are shown on the delineation map labeled Post NC DWR Meeting Preliminary Wetland/Upland Delineation
Sketch.
Regulatory Guidance Letter (RGL) 16-01
https:Husace.contentdm.ocic.org/utils/getfile/collection/pl6021 coII9/id/1256 provides guidance for Jurisdictional
Determinations (JD) and states "The Corps generally does not issue a JD of any type where no JD has been requested".
At this time we are only verifying the delineation. This delineation may be relied upon for use in the permit evaluation
process, including determining compensatory mitigation. This delineation verification is not an Approved Jurisdictional
Determination (AJD) and is not an appealable action under the Regulatory Program Administrative Appeal Process (33
CFR Part 331). However, you may request an AJD, which is an appealable action.
If you wish to receive a Preliminary Jurisdictional Determination (PJD), or an Approved Jurisdictional Determination (AJD)
please respond accordingly, otherwise nothing further is required and we will not provide any additional documentation.
Please contact me if you have any questions about this project or about the USACE Regulatory Program.
Respectfully,
Gary
2 attachments
Vicnity Map.pdf
257K
TimberFarmsll_Post DWR Sketch.pdf
1524K
https://mail.google.com/mail/u/0/?ik=5f499cdl a1 &view=pt&search=all&permthid=thread-f%3A1715315120390368875%7Cmsg-f%3A1715315120390... 2/2
i -_
OpenStreeff , ap (and) contributors, CC -BY -SA
N 000000 4 000 2,,
L:\WETLANDS\2017 WETLANDS FILES\03-17-338 ---Timber Farms, Greg Gore\Timber Farms 2\Maps 0 1,Feet
Boundaries are approximate and not meant to be absolute.
Map Source: ArcGIS Open Street Map Scale applies to 11X17" print.
Timber Farms II
Brunswick County, NC
Map Date: March 2020
LMG # 17.338
4nFLMG
LAND MANAGEMENT GROUP
a DAMI mmp-y
3805 Wrightsvill e Avenue
Wilmington, NC 28403
(910) 452-0001
Figure 1
Vicinity Map
L:\WETLANDS\2021 WETLANDS FILES\LMG21.429\Maps 0 200 400 800
Boundaries are approximate and not meant to be absolute. Feet
Map Source: 2020 NC OneMap Aerial Photography Scale applies to 11X17" print.
Timber Farms II
Brunswick County, NC
Map Date: August 24, 2021
LMG21.429
4nFLMG
LAND MANAGEMENT GROUP
a DAMI mmp-y
3805 Wright-ille Avenue
Wilmington, NC 28403
(910) 452-0001
Post NC DWR Meeting
Preliminary Wetland/Upland
Delineation Sketch
5.0 STREAM ASSESSMENT (NCSAM)
NC SAM FIELD ASSESSMENT RESULTS
Accompanies User Manual Version 2.1
USACE AID #: NCDWR #:
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle,
and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and
number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions
and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the
NC SAM User Manual for examples of additional measurements that may be relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT/SITE INFORMATION:
1. Project name (if any): Timber Farms 2. Date of evaluation: 5/23/2023
3. Applicant/owner name: 4. Assessor name/organization: John Perry/DRG
5. County: Brunswick 6. Nearest named water body
7. River basin: Lumber on USGS 7.5-minute quad: Shallotte River
8. Site coordinates (decimal degrees, at lower end of assessment reach): 33.94860,-78.50518
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): 1 10. Length of assessment reach evaluated (feet): 100
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 6 ❑Unable to assess channel depth.
12. Channel width at top of bank (feet): 6 13. Is assessment reach a swamp steam? ❑Yes ®No
14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream
STREAM CATEGORY INFORMATION:
15. NC SAM Zone: ❑ Mountains (M) ❑ Piedmont (P) ® Inner Coastal Plain (1) ❑ Outer Coastal Plain (0)
16. Estimated geomorphic NAB J El
valley shape (skip for
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip ❑Size 1 (< 0.1 mi2) ❑Size 2 (0.1 to < 0.5 mil) ®Size 3 (0.5 to < 5 mil) ❑Size 4 (>_ 5 mil)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area.
®Section 10 water ❑Classified Trout Waters ❑Water Supply Watershed (❑l ❑II ❑III ❑IV ❑V)
❑Essential Fish Habitat ❑Primary Nursery Area ® High Quality Waters/Outstanding Resource Waters
❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters
❑Anadromous fish ❑303(d) List ❑CAMA Area of Environmental Concern (AEC)
❑Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
❑Designated Critical Habitat (list species)
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? ❑Yes ®No
1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
®A Water throughout assessment reach.
❑B No flow, water in pools only.
❑C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams,
beaver dams).
®B Not
3. Feature Pattern - assessment reach metric
®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
❑B Not
4. Feature Longitudinal Profile - assessment reach metric
®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over
widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these
disturbances).
❑B Not
5. Signs of Active Instability - assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
❑A < 10% of channel unstable
❑B 10 to 25% of channel unstable
®C > 25% of channel unstable
Streamside Area Interaction — streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
❑A ❑A Little or no evidence of conditions that adversely affect reference interaction
❑B ❑B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky
or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
®C ®C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption
of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive
mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an
interstream divide
Water Quality Stressors — assessment reach/intertidal zone metric
Check all that apply.
❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
❑B Excessive sedimentation (burying of stream features or intertidal zone)
❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
❑D Odor (not including natural sulfide odors)
❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch"
section.
❑F Livestock with access to stream or intertidal zone
❑G Excessive algae in stream or intertidal zone
❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc)
❑I Other: (explain in "Notes/Sketch" section)
®J Little to no stressors
8. Recent Weather — watershed metric (skip for Tidal Marsh Streams)
For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought.
®A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
❑C No drought conditions
9. Large or Dangerous Stream — assessment reach metric
❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types — assessment reach metric
10a. ®Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
®A Multiple aquatic macrophytes and aquatic mosses F, W ❑F 5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats) 2 E ❑G Submerged aquatic vegetation
❑B Multiple sticks and/or leaf packs and/or emergent o w ❑H Low -tide refugia (pools)
vegetation Y U)C ❑I Sand bottom
❑C Multiple snags and logs (including lap trees) r ❑J 5% vertical bank along the marsh
❑D 5% undercut banks and/or root mats and/or roots ❑K Little or no habitat
in banks extend to the normal wetted perimeter
❑E Little or no habitat
***************************** 'REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS****************************
11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. ❑Yes ❑No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
❑A Riffle -run section (evaluate 11c)
❑B Pool -glide section (evaluate 11d)
®C Natural bedform absent (skip to Metric 12, Aquatic Life)
11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check
at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare
(R) = present but < 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages
should not exceed 100% for each assessment reach.
NP R C A P
❑ ❑ ❑ ❑ ❑ Bedrock/saprolite
❑ ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm)
❑ ❑ ❑ ❑ ❑ Cobble (64 — 256 mm)
❑ ❑ ❑ ❑ ❑ Gravel (2 — 64 mm)
❑ ❑ ❑ ❑ ❑ Sand (.062 — 2 mm)
❑ ❑ ❑ ❑ ❑ Silt/clay (< 0.062 mm)
❑ ❑ ❑ ❑ ❑ Detritus
❑ ❑ ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.)
11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams)
12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other:
12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that
apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams.
❑ ❑Adult frogs
❑ ❑Aquatic reptiles
❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
® ❑Beetles
❑ ❑Caddisfly larvae (T)
❑ ❑Asian clam (Corbicula)
❑ ❑Crustacean (isopod/amphipod/crayfish/shrimp)
® ❑Damselfly and dragonfly larvae
❑ ❑Dipterans
❑ ❑Mayfly larvae (E)
❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae)
❑ ❑Midges/mosquito larvae
❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
❑ ❑Mussels/Clams (not Corbicula)
❑ ❑Other fish
❑ ❑ Sal amanders/tadpoles
❑ ❑Snails
❑ ❑Stonefly larvae (P)
❑ ❑Tipulid larvae
® ❑Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff.
LB RB
❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area
❑B ❑B Moderate alteration to water storage capacity over a majority of the streamside area
®C ®C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction,
livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
❑A ❑A Majority of streamside area with depressions able to pond water >_ 6 inches deep
❑B ❑B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
®C ®C Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal
wetted perimeter of assessment reach.
LB RB
❑Y ❑Y Are wetlands present in the streamside area?
ON ON
16. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
❑A Streams and/or springs (jurisdictional discharges)
❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir)
❑D Evidence of bank seepage or sweating (iron in water indicates seepage)
®E Stream bed or bank soil reduced (dig through deposited sediment if present)
❑F None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
❑C Urban stream (>_ 24% impervious surface for watershed)
❑D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach
❑E Assessment reach relocated to valley edge
OF None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
❑B Degraded (example: scattered trees)
®C Stream shading is gone or largely absent
19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out
to the first break.
Vegetated Wooded
LB RB LB
RB
❑A ❑A ❑A
❑A >_ 100 feet wide or extends to the edge of the watershed
❑B ❑B ❑B
❑B From 50 to < 100 feet wide
❑C ❑C ❑C
❑C From 30 to < 50 feet wide
❑D ❑D ❑D
❑D From 10 to < 30 feet wide
®E ®E ®E
®E < 10 feet wide or no trees
20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB RB
❑A ❑A
Mature forest
❑B ❑B
Non -mature woody vegetation or modified vegetation structure
❑C ❑C
Herbaceous vegetation with or without a strip of trees < 10 feet wide
❑D ❑D
Maintained shrubs
®E ®E
Little or no vegetation
21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is
within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22: ❑
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
®A ®A ❑A ❑A ❑A ❑A Row crops
❑B ❑B ❑B ❑B ❑B ❑B Maintained turf
❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture
❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use)
22. Stem Density — streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
❑A ❑A Medium to high stem density
❑B ❑B Low stem density
®C ®C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide.
LB RB
®A ®A The total length of buffer breaks is < 25 percent.
❑B ❑B The total length of buffer breaks is between 25 and 50 percent.
❑C ❑C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to
assessment reach habitat.
LB RB
❑A ❑A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species,
with non-native invasive species absent or sparse.
❑B ❑B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
®C ®C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity —assessment reach metric (skip for all Coastal Plain streams)
25a. ❑Yes ®No Was conductivity measurement recorded?
If No, select one of the following reasons. ❑No Water ❑Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E >_ 230
Notes/Sketch
Draft INC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Stream Site Name Timber Farms Date of Assessment
5/23/2023
Stream Category la3 Assessor Name/Organization
John Perry/DRG
Notes of Field Assessment Form (Y/N)
NO
Presence of regulatory considerations (Y/N)
YES
Additional stream information/supplementary measurements included (Y/N)
NO
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream)
Intermittent
USACE/
NCDWR
Function Class Rating Summary All
Streams
Intermittent
(1) Hydrology
LOW
(2) Baseflow
HIGH
(2) Flood Flow
LOW
(3) Streamside Area Attenuation
LOW
(4) Floodplain Access
LOW
(4) Wooded Riparian Buffer
LOW
(4) Microtopography
LOW
(3) Stream Stability
LOW
(4) Channel Stability
LOW
(4) Sediment Transport
LOW
(4) Stream Geomorphology
LOW
(2) Stream/Intertidal Zone Interaction
NA
NA
(2) Longitudinal Tidal Flow
NA
NA
(2) Tidal Marsh Stream Stability
NA
NA
(3) Tidal Marsh Channel Stability
NA
NA
(3) Tidal Marsh Stream Geomorphology
NA
NA
(1) Water Quality
MEDIUM
(2) Baseflow
HIGH
(2) Streamside Area Vegetation
LOW
(3) Upland Pollutant Filtration
LOW
(3) Thermoregulation
LOW
(2) Indicators of Stressors
NO
(2) Aquatic Life Tolerance
MEDIUM
(2) Intertidal Zone Filtration
NA
NA
(1) Habitat
LOW
(2) In -stream Habitat
LOW
(3) Baseflow
HIGH
(3) Substrate
LOW
(3) Stream Stability
LOW
(3) In -stream Habitat
LOW
(2) Stream -side Habitat
LOW
(3) Stream -side Habitat
LOW
(3) Thermoregulation
LOW
(2) Tidal Marsh In -stream Habitat
NA
NA
(3) Flow Restriction
NA
NA
(3) Tidal Marsh Stream Stability
NA
NA
(4) Tidal Marsh Channel Stability
NA
NA
(4) Tidal Marsh Stream Geomorphology
NA
NA
(3) Tidal Marsh In -stream Habitat
NA
NA
(2) Intertidal Zone
NA
NA
Overall
LOW
6.0 RARE SPECIES INFORMATION
NC Natural Heritage Program Letter
USFWS IPaC Species List
USFWS NLEB Determination Key
Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
September 22, 2023
Kim Williams
Davey Resource Group, Inc.
3805 Wrightsville Avenue
Wilmington, NC 28403
RE: Timber Farms Commercial
Dear Kim Williams:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
Nr ►�701.1D]MIGAy1:3
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
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 found within the project area or is 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.
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 Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact the NCNHP at natural.heritage�dncr.nc.gov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: (919) 856-4520 Fax: (919) 856-4556
In Reply Refer To:
Project Code: 2023-0132322
Project Name: Timber Farms Commercial
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September 22, 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
09/22/2023
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.
09/22/2023
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
• USFWS National Wildlife Refuges and Fish Hatcheries
• Bald & Golden Eagles
• 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
09/22/2023
4
PROJECT SUMMARY
Project Code: 2023-0132322
Project Name: Timber Farms Commercial
Project Type: Commercial Development
Project Description: Commercial development
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)33.9489365,-78.50528151101972,14z
Counties: Brunswick County, North Carolina
09/22/2023 5
ENDANGERED SPECIES ACT SPECIES
There is a total of 15 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
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
09/22/2023
H.
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
Wood Stork Mycteria americana
Threatened
Population: AL, FL, GA, MS, NC, SC
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/8477
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
09/22/2023
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
1►PI=10k
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
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.
BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act1 and the
2
Migratory Bird Treaty Act.
09/22/2023
W
Any person or organization who plans or conducts activities that may result in impacts to bald or
golden eagles, or their habitats3, should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treat, Act of 1918.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
There are bald and/or golden eagles in your project area.
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
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.
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 the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
0 probability of presence breeding season I survey effort — no data
09/22/2023
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Non -BCC +iii +iii ii+i ■t`t +��E'+++ �� ++�� ��i+ii iia 1 1 I 1 . 1 1
Vulnerable
Additional information can be found using the following links:
• Eagle Managment https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act1 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 Treat. 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)
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
American Kestrel Falco sparverius paulus Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Aug 31
(BCRs) in the continental USA
https:Hecos.fws.gov/ecp/species/9587
09/22/2023
10
NAME
BREEDING
SEASON
American Oystercatcher Haematopus palliates Breeds Apr 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
https:Hecos.fws.gov/ecp/species/8935
Bald Eagle Haliaeetus 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 t0 Sep 15
and Alaska.
https:Hecos.fws.gov/ecp/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 t0 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.
https: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.
https:Hecos.fws.gov/ecp/species/9679
Marbled Godwit Limosa fedoa Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https:Hecos.fws.gov/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
Prairie Warbler Dendroica discolor Breeds May 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31
and Alaska.
09/22/2023
11
NAME
BREEDING
SEASON
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
Saltmarsh Sparrow Ammodramus caudacutus Breeds May 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5
and Alaska.
https:Hecos.fws.gov/ecp/species/9719
Short -billed Dowitcher Limnodromus griseus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
https:Hecos.fws.gov/ecp/species/9480
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Wilson's Plover Charadrius wilsonia
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
Breeds
elsewhere
Breeds Apr 20
to Aug 5
Breeds Apr 1 to
Aug 20
Breeds May 10
to Aug 31
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 the supplemental
information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird
Report" before using or attempting to interpret this report.
Probability of Presence (■)
Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project
overlaps during that week of the year.
Breeding Season( )
Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire
range.
09/22/2023
Survey Effort (1)
Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s)
your project area overlaps.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY
American Kestrel I I I 1
BCC -BCR
JUN JUL AUG SEP OCT NOV DEC
I I I I �*+ ++++ +1111+01 ++11—+0
American
Oystercatcher 11+11111 loll 10111N IN Rill 111111111111—+1+
BCC Rangewide
(CON)
Bald Eagle 7' ON ■■L -- ---- ---.a��II
Non -BCC ++ ++00 Hil 1+11 list .6a
Vulnerable J— —
Black Skimmer BCC Rangewide + +11111111111111 HE 1111111111111111— 1$
(CON)
Brown -headed
Nuthatch
1111 IN mill Mi ii*s J�g ++.0 id I
I �++1 0+11 1+11 -++1
BCC - BCR
---- ----
Chimney Swift
Rangewide
... 1 Jill III+
++++ ++++ +++0
*+++
+++ ++++ ++++BCC
(CON)
Gull -billed Tern ++++
BCC Rangewide ++++ ++++ 11+11+1+ ++++ ++++ —+++
(CON)
Lesser BCC Rangewide es +1++ loll 1+++ ++p +0011000111+ +10+ ++++ -1++
(CON)
Marbled Godwit
BCC Rangewide +1++ ++++ ++++ ++++ ++1+ ++1+ ++1+ l+l+ 1+++ ++ll ++++ —+++
(CON)
Painted Bunting ++++ ++++ ++++ l I-�* 1111 1111 +1++ lll+ ++++ ++++ —+++
BCC -BCR
Prairie Warbler 111:
01+
BCC Rangewide ++++ ++++ +++1 ++++ ■t+■t ■t■t■t ++++ ++1+ ++++ ++++ —+++
(CON)
Prothonotary ++++ ++++ ++++ + I I I �++++ ++++ ++++ ++++ —+++
Warbler
09/22/2023 13
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed
Woodpecker
BCC Rangewide
(CON)
Ruddy Turnstone 0+1+ "+' +01+
BCC -BCR
Rusty Blackbird ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++
BCC -BCR
Saltmazsh Sparrow
+.+ 1 I+++ +++1 ++++ i l l l l l l l l l l l
l l l++ ■+++ +++++++
BCC Rangewide
(CON)
Short -billed
IN 1+11 mill 11111/1/ +111 HE 11111
11111111111-111
Dowitcher
BCC Rangewide
(CON)
C BC Rangewide 1111 IN 1111111111111111 IN 1111111111111111-111
BCC
(CON) ���� ���� .
---- ---- ---- ---- --- F+
BCC n'sRangewide
Plover "' 0"' ,"""""' ���T 1 I I I +'�+ ++++ +++
BCC Ran ewer ++++ ++++ +
(CON)
Wood Thrush +
BCC Rangewide ++++ ++++ ++++ ++++ �+++ ++++ ++++ *++++ ++++ ++++ —+++
(CON) === ==== ==== i
Additional information can be found using the following links:
• Eagle Management https://www.fws.gov/program/eagle-management
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoiding-and-minimizing-incidental-take-mi rator.
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
• Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/
media/suDDlemental-information-mis7ratorv-birds-and-bald-and-p-olden-eas7les-mav-occur-
project-action
09/22/2023
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Kim Williams
Address:
3805 Wrightsville Avenue
Address Line 2: Suite 15
City: Wilmington
State: NC
Zip: 28403
Email kim.williams@davey.com
Phone: 9104520001
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
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In Reply Refer To: September 22, 2023
Project code: 2023-0132322
Project Name: Timber Farms Commercial
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for'Timber Farms Commercial'
Dear Kim Williams:
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 September 22, 2023,
for 'Timber Farms Commercial' (here forward, Project). This project has been assigned Project
Code 2023-0132322 and all future correspondence should clearly reference this number. Please
carefully review this letter. Your Endangered Species Act (Act) requirements are not
complete.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis, your project is not reasonably certain
to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15
days of the date of this letter that your IPaC-assisted determination was incorrect, this letter
verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat.
09/22/2023 IPaC Record Locator: 031-132254820
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 Endangered
• Monarch Butterfly Danaus plexippus Candidate
• Piping Plover Charadrius melodus Threatened
• Red Knot Calidris canutus rufa Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
• Rough -leaved Loosestrife Lysimachia asperulaefolia Endangered
• Tricolored Bat Perimyotis subflavus Proposed Endangered
• Wood Stork Mycteria americana Threatened
You may coordinate with our Office to determine whether the Action may cause prohibited take
of the animal species listed above. Note that if a new species is listed that may be affected by the
identified action before it is complete, additional review is recommended to ensure compliance
with the Endangered Species Act.
Next Step
Consultation with the Service is necessary. The project has a federal nexus (e.g., Federal funds,
permit, etc.), but you are not the federal action agency or its designated (in writing) non-federal
representative. Therefore, the ESA consultation status is incomplete and no project activities
should occur until consultation between the Service and the Federal action agency (or designated
non-federal representative), is completed.
As the federal agency or designated non-federal representative deems appropriate, they should
submit their determination of effects to the Service by doing the following.
1. Log into IPaC using an agency email account and click on My Projects, click "Search by
record locator" to find this Project using 031-132254820. (Alternatively, the originator of
the project in IPaC can add the agency representative to the project by using the Add
Member button on the project home page.)
2. Review the answers to the Northern Long-eared Bat Range -wide Determination Key to
ensure that they are accurate.
09/22/2023 IPaC Record Locator: 031-132254820
3. Click on Review/Finalize to convert the `not likely to adversely affect' consistency letter to
a concurrence letter. Download the concurrence letter for your files if needed.
If no changes occur with the Project or there are no updates on listed species, no further
consultation/coordination for this project is required for the northern long-eared bat. However,
the Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place before project implements any changes which are final or commits
additional resources.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2023-0132322 associated
with this Project.
09/22/2023 IPaC Record Locator: 031-132254820 4
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Timber Farms Commercial
2. Description
The following description was provided for the project 'Timber Farms Commercial':
Commercial development
The approximate location of the project can be viewed in Google Maps: https://
www. google.com/maps/(?33.9489365,-78.50528151101972,14z
09/22/2023 IPaC Record Locator: 031-132254820
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
09/22/2023 IPaC Record Locator: 031-132254820 6
6. Is the Federal Highway Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
whole or in part?
No
7. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § 402.08?
Note: This key may be used for federal actions and for non-federal actions to facilitate section 7 consultation and
to help determine whether an incidental take permit may be needed, respectively. This question is for information
purposes only.
No
8. Is the lead federal action agency the Environmental Protection Agency (EPA) or Federal
Communications Commission (FCC)? Is the Environmental Protection Agency (EPA) or
Federal Communications Commission (FCC) funding or authorizing the proposed action,
in whole or in part?
No
9. Is the lead federal action agency the Federal Energy Regulatory Commission (FERC)?
No
10. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of any activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may be affected by your project or if you
would like assistance in deciding, answer "No" below and continue through the key. If you
have determined that the northern long-eared bat does not occur in your project's action
area and/or that your project will have no effects whatsoever on the species despite the
potential for it to occur in the action area, you may make a "no effect" determination for
the northern long-eared bat.
Note: Federal agencies (or their designated non-federal representatives) must consult with USFWS on federal
agency actions that may affect listed species [50 CFR 402.14(a)]. Consultation is not required for actions that will
not affect listed species or critical habitat. Therefore, this determination key will not provide a consistency or
verification letter for actions that will not affect listed species. If you believe that the northern long-eared bat may
be affected by your project or if you would like assistance in deciding, please answer "No" and continue through
the key. Remember that this key addresses only effects to the northern long-eared bat. Consultation with USFWS
would be required if your action may affect another listed species or critical habitat. The definition of Effects of
the Action can be found here: https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key
selected -definitions
No
09/22/2023 IPaC Record Locator: 031-132254820
11. Your project overlaps with an area where northern long-eared bats may be present year-
round.
Is suitable northern long-eared bat habitat present within 1000 feet of project activities?
Yes
12. Will the action cause effects to a bridge?
No
13. Will the action result in effects to a culvert or tunnel?
Yes
14. Do the interior dimensions of the culvert or tunnel equal or exceed 4.0 feet (1.3 meters) in
height and 130 feet (40 meters) in length? Answer "No" if the affected culvert(s) or tunnel
is smaller in either of these two dimensions.
No
15. Does the action include the intentional exclusion of northern long-eared bats from a
building or structure?
Note: Exclusion is conducted to deny bats' entry or reentry into a building. To be effective and to avoid harming
bats, it should be done according to established standards. If your action includes bat exclusion and you are
unsure whether northern long-eared bats are present, answer "Yes." Answer "No" if there are no signs of bat use
in the building/structure. If unsure, contact your local U.S. Fish and Wildlife Services Ecological Services Field
Office to help assess whether northern long-eared bats may be present. Contact a Nuisance Wildlife Control
Operator (NWCO) for help in how to exclude bats from a structure safely without causing harm to the bats (to
find a NWCO certified in bat standards, search the Internet using the search term "National Wildlife Control
Operators Association bats"). Also see the White -Nose Syndrome Response Team's guide for bat control in
structures
No
16. Does the action involve removal, modification, or maintenance of a human -made structure
(barn, house, or other building) known or suspected to contain roosting bats?
No
17. Will the action cause construction of one or more new roads open to the public?
For federal actions, answer `yes' when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for an action taken by a
federal agency (federal permit, funding, etc.).
No
09/22/2023 IPaC Record Locator: 031-132254820 8
18. Will the action include or cause any construction or other activity that is reasonably certain
to increase average daily traffic on one or more existing roads?
Note: 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
19. Will the increased vehicle traffic occur on any road that lies between any two areas of
contiguous forest that are each greater than or equal to 10 acres in extent and are separated
by less than 1,000 feet? Northern long-eared bats may cross a road by flying between
forest patches that are up to 1,000 feet apart.
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 -forested area if the forested patches, added together, comprise at least 10 acres.
Yes
20. For every 1,000 feet of new road that crosses between contiguous forest patches, will there
be at least one place where bats could cross the road corridor by flying less than 33 feet
(10 meters) between trees whose tops are at least 66 feet (20 meters) higher than the road
surface?
No
21. Will the proposed action result in the cutting or other means of knocking down, bringing
down, or trimming of any trees suitable for northern long-eared bat roosting?
Note: Suitable northern long-eared bat roost trees are live trees and/or snags >_3 inches dbh that have exfoliating
bark, cracks, crevices, and/or cavities.
Yes
09/22/2023 IPaC Record Locator: 031-132254820
PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed - round up
to the nearest tenth of an acre. For this question, include the entire area where tree removal
will take place, even if some live or dead trees will be left standing.
1
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
inactive (hibernation) season for northern long-eared bat? Note: Inactive Season dates for spring
staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-swarming-and-
staging-areas
0
In what extent of the area (in acres) will trees be cut, knocked down, or trimmed during the
active (non -hibernation) season for northern long-eared bat? Note: Inactive Season dates for
spring staging/fall swarming areas can be found here: https://www.fws.gov/media/inactive-season-dates-
swarming-and-staging-areas
1
Will all potential northern long-eared bat (NLEB) roost trees (trees >_3 inches diameter at
breast height, dbh) be cut, knocked, or brought down from any portion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes' if the cumulative extent of those areas meets or exceeds 0.1 acre.
Yes
Enter the extent of the action area (in acres) from which all potential NLEB roost trees will
be removed. If all NLEB roost trees will be removed from multiple areas, entire the total
extent of those areas. Round up to the nearest tenth of an acre.
1
For the area from which all potential northern long-eared bat (NLEB) roost trees will be
removed, on how many acres (round to the nearest tenth of an acre) will trees be allowed
to regrow? Enter `0' if the entire area from which all potential NLEB roost trees are
removed will be developed or otherwise converted to non -forest for the foreseeable future.
0
Will any snags (standing dead trees) >_3 inches dbh be left standing in the area(s) in which
all northern long-eared bat roost trees will be cut, knocked down, or otherwise brought
down?
No
Will all project activities by completed by April 1, 2024?
No
09/22/2023 IPaC Record Locator: 031-132254820 10
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Kim Williams
Address:
3805 Wrightsville Avenue
Address Line 2:
Suite 15
City:
Wilmington
State:
NC
Zip:
28403
Email
kim.williams@davey.com
Phone:
9104520001
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: David Moose
7.0 SHPO CORRESPONDENCE
6 � STAT£
r� Qunr-n •nog%'•
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper
Secretary D. Reid Wilson
November 17, 2021
Kimberlee Williams
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
Office of Archives and History
Deputy Secretary, Darin J. Waters, Ph.D.
kwilli amsk1ragroup.net
Re: Construct Timber Farms mixed -use commercial and residential development, off Highway 17 and
Pea Landing Road NW, Sunset Beach, Brunswick County, ER 21-2390
Dear Ms. Williams:
Thank you for your letter of October 5, 2021, regarding the above -referenced undertaking. We have
reviewed the submission and offer the following comments.
We have conducted a review of the project and are aware of no historic resources which would be affected
by the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36
CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-814-6579
or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the
above referenced tracking number.
Sincerely,
Ramona Bartos, Deputy
�] State Historic Preservation Officer
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 814-6570/814-6898