20240321 Ver 1_Foundation Early Learning PCN Attachments_20240222

SEGO
Foundation Early Learning
Mallory Creek Drive, Leland, Brunswick Co.
Pre -Construction Notification Attachments
Prepared for:
Alliance Development, Inc.
1200 Woodruff Rd., Suite G-2
Greenville, SC 29607
[phone]
Prepared by:
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
[e-mail]
Date:
15 February 2024

Foundation Early Learning PCN Attachments 2-15-24 SEGi
Appendices
Number
Description
1
Aerial Photo and Deed
2
Division of Water Resources Water Classification Map
3
SEGi Wetland Boundary Map
4
Foundation Early Learning Site Plan & Wetland Impact Map
5
NC SHPO HPOWEB2.0
6
Brunswick County GIS Flood Map
7
Agent Authorization and NC Secretary of State Corporate Listing Page
8
USFWS Official Species List, NLEB Consistency Letter & RCCW SLOPES Form

Foundation Early Learning PCN Attachments 2-15-24 SEGi
Attachment 1
Aerial Photo and Deed
MAL
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Subject Property
u"r �

11111111 Jill 11111111111 BOOK:4824 PAGE:1008 13j11:11 1
Page 1 of 3
Brenda M. Clemmons. B&unswid, County. NC Register of Deeds E
Brenda M. Clemmons, Brunswick County, NC Register of Deeds
03!31!2022 15:17:11.001 NC REVENUE STAMP: $1050.00
Excise Tax $1,050.00
Parcel ldentifier No. 0590001004
No certification or opinion on title is expressed by the preparer of this instrument except as may appear from the
preparer's signed certificate or opinion.
Prepared By: William O. L Lynch, Hogue Hill, L.L.P., P. O. Drawer 2178, Wilmington, NC 28402. Delinquent
taxes, if any, will be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds. Closing
attorney is Midtown Property law.
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF BRUNSWICK
[the herein described "Premises" does not include the primary residence of a Grantor]
KNOW ALL MEN BY THESE PRESENTS that WILMINGTON WEST, INC., a North
Carolina Corporation (the "Grantor"), in consideration of Ten and no/100 ($10.00) Dollars and other good
and valuable consideration, paid to Grantor by GAUTAM HOLDINGS LLC, which takes a 35%
undivided interest in the Premises pursuant to this deed, and VKG LLC, which takes a 65% undivided
interest in the Premises pursuant to this deed (collectively the "Grantee"), with a mailing address of 301
Augusta Street, Unit 100, Greenville, SC 29601, the receipt of which is hereby acknowledged, does give,
grant, bargain, sell and convey unto the Grantee forever, in fee simple, all that certain lot(s) or parcel(s) of
land located in the County of Brunswick, State of North Carolina, and more particularly described on
Exhibit A attached hereto and incorporated herein as if set out in full (herein referred to as the
"Premises").
TO HAVE AND TO HOLD the Premises, together with all privileges and appurtenances
belonging thereto, to the Grantee forever, in fee simple.
GRANTOR covenants with Grantee that Grantor is seized of the Premises in fee simple, has the
right to convey the same in the estate aforesaid, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title to the Premises against the lawful claims
of all persons whomsoever.
Submitted electronically by Isley Law PLLC dba Midtown Property Law in compliance with North Carolina statutes governing recordable
documents and the terms of the submitter agreement with the Brunswick County Register of Deeds.

1111111 11 11 11 11111 1 111 111111111111 111
BOOK:4824 PAGE:1009
Brenda M. Clemmons. Brunswick County. NC Register of Deeds
03 31 2022
15:17:11.001
Page 2 of 3
E
NOTWITHSTANDING THE FOREGOING, title to the Premises is conveyed subject to the
following matters:
1 _ Current year's ad valorem taxes applicable to the Premises.
2. All applicable restrictive covenants and utility easements of record.
3. Title is not warranted to any portion of the Premises lying below the mean highwater line
of any waters that ebb and flow with the tide.
4. Sign Easement shown on Exhibit A.
IN WITNESS WHEREOF, the Grantor has executed this instrument this the I day of March
2022 (the designation "Grantor" and "Grantee", as used herein, includes said parties, their heirs,
successors, and assigns, and includes singular, plural, masculine, feminine or neuter as required by
context).
Wilmington West, Inc.
By:
William H. Cameron, Vice President
STATE OF NORTH CAROLINA
COUNTY OF NORTH CAROLINA
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that he or
she voluntarily signed the foregoing document in the capacity indicated:
Princi al's Name goacity
William H. Cameron Vice President
Date: 31y
(0fftieJ+r�1)
P`!O TARY -
C3 If
lJjlifil�\�\
Notary Public
ao„r� a 7. a�dut (print name[required])
My commission expires: '4- t 1- :1 L.

liiiiiiiiiiiiiiiiiiiiillillillillillI
BOOK:4824 PAGE:1010
Brenda M. Clemmons. Brunswick County. NC Register of Deeds
03 31 2022
15:17:11.001
Page 3 of 3
E
EXHIBIT A
Located in Brunswick County, NC and being the tract of land shown on survey plat by Atlantic Coast
Surveying, PLLC, entitled COMMERCIAL OUTPARCEL, recorded in Map Book 135, Page 36 in the Office of the
Register of Deeds of Brunswick County.

Foundation Early Learning PCN Attachments 2-15-24 SEGi
Attachment 2
DWR Water Classification Map
a
Surface Water Classifications:
, zoom to
Stream Index:
Stream flame:
Description:
Classification:
[date of Mass.:
What does this Mass.
18-78
Mallory Creek
From source to Cape Fear
River
QSW
March 31, 1959
Vie

Foundation Early Learning PCN Attachments 2-15-24 SEGi
Attachment 3
SEGI Wetland Boundary Sketch

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2021-00410 County: Brunswick County U.S.G.S. Quad: Wilmington
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Wilmington West, Inc.
Attn: Mr. Bill Cameron
Address: PO Box 3649
Wilmington, North Carolina 28406
billkcameronco.com
Telephone Number: 910-520-0061
Size (acres) 12.36 acres Nearest Town Leland
Nearest Waterway Cape Fear River River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 34.18349
Longitude:-77.99000
Location description: The property is located on an approximate 12.36 acre parcel at the entrance of the Mallory
Creek subdivision, adiacent to NC Highway 133 and Mallory Creek Drive, in Brunswick County, North Carolina.
Parcel Index Number: 0590001004
Indicate Which of the Following Apply:
A. Preliminary Determination: N/A
B. Approved Determination:
X There are waters of the U.S., including wetlands, on the above described property subject to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in 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 waters of the U.S., including wetlands, on the subiect property have been delineated and the delineation has
been verified by the Corps.
X The property is located within one of the 20 Coastal Counties subiect to regulation under the Coastal Area
Management Act (LAMA). You should contact the Division of Coastal Management in
Wilmington, NC, at [phone] to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403).
If you have any questions regarding this determination and/or the Corps regulatory program, please contact Sarah Hair at
[phone] or Sarah.E.Hair(a,usace.army.mil.
C. Basis For Determination: See attached Approved JD forms.
Page 1 of 2

SAW-2021-00410
D. Remarks: A site visit between a representative of the Wilmington Regulatory Field Office the
property owner's agent (SEGI)was conducted on August 23, 2017 to field verify the presence and
locations of delineated wetlands and waters on the subject property.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this
request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the
Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in
USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center,
prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request
to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by May 2, 2021.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: March 3, 2021 Expiration Date: March 3, 2026
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. army.mil/cm_apex/Pp= l 3 6 * 0.
Copy Furnished:
Agent: Mr. David Scibetta, SEGI
USACE-RG-L: Mr. Gary Beecher

SAW-2021-00410
NOTIFICATION OF ADNIINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Wilmington West, Inc. Attn: Mr. Bill
File Number: SAW-2021-00410
Date: March 3, 2021
Cameron
Attached
is:
See Section below
INITIAL PROFFERED PERMIT IStandard Permit or Letter of permission,
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/RegulatoryProgramandPennits.aspx or
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 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.
C: PERMIT DENIAL: You may appeal the denial of a 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.
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 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.

SAW-2021-00410
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 II - 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 Regulatory Division,
US Army Corps of Engineers
Attn: Sarah Hair
South Atlantic Division
69 Darlington Avenue
Attn: Mr. Philip A. Shannin
Wilmington, North Carolina 28403
Administrative Appeal Review Officer
Sarah.e.hair(a usace.armv.mil
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNIN(&USACE.ARMY.MIL
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 opporturn to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Sarah Hair, 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 10M15, Atlanta, Georgia 30303-8801
Phone: [phone], PHILIP.A.SHANNIN(&USACE.ARMY.MIL

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0 37.5 75 150 225 300 USGS Topo Map "
1 inch = 150 feet Feet Mallory Creek Plantation e
Leland Brunswick Co. N.C. w `�
Map Source: USA Topo Maps, � Co.,
7.5-minute quad,1:24k scale 8/17/2017 07-014.01 S

Foundation Early Learning PCN Attachments 2-15-24 SEGi
Attachment 4
Foundation Early Learning Site Plan & Wetland Impact Map

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Foundation EarlVLearning PEN Attachments 2-15 24 SEGi
Attachment 5
NCSHPO HPOWEB2.0 Map
Find addressihistoricmmur
11
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BRUNSWICK
a
BRUNSW|CKI
BW022 Aemm PlantationBW0227 CWF6hdonPlan n
(OkEexRHpm# House) (Devereux+App% u@)
, y 2005 �7 715 �

Foundation Early Learning PCN Attachments 2-15-24 SEGi
Attachment 6
Brunswick County GIS Flood Map

Foundation Early Learning PCN Attachments 2-15-24 SEGi
Attachment 7
Agent Authorization

um
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: TR-A 2.730 AC PL-135/36 NC 133
LOT NO. PLAN NO. PARCEL I.D. 0590001030
STREET ADDRESS: —Mallory Creep Drive
Property Owner (please print):�(..�✓
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Group, Inc. (SEGfi to act on their behalf in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
75-,q L,e—Ar uC
��4M.4se�>A,3a r z- SL ?gt41
Telephone:
�s 7't 1`7
Email Address:
r�+�/JI►�Gr.st 4'�=�Gi.�-zrJ'�It . toAA
We ire y certify the abode infg�in�ton submitted in this application is true and accurate to the best of
our ow edge. ,,j � ,/ \ l
Property OW u rAuthorized Signature
Print Name
P- j `,)- 1
Date
SEGi Authorized Signature
Dana A. Lutheran
Print Name
2/14/24
Date

2/14/24, 5:06 PM
North Carolina Secretary of State Search Results
• Upload a PDF Filing • Order a Document Online • Add Entity to My Email Notification List • View Filings
• Print a Pre -Populated Annual Report form • Print an Amended a Annual Report form
Limited Liability Company
Legal Name
GAUTAM HOLDINGS LLC
Information
Sosld: 2247460
Status: Revoked O
Date Formed: 8/10/2021
Citizenship: Foreign
State of Incorporation: SC
AnnuaL Report Due Date: April 15th
AnnuaL Report Status:
Registered Agent: ISLEY LAW PLLC
Addresses
Mailing
Principal Office
301 Augusta St, Suite 100 301 Augusta St, Suite 100
Greenville, SC 29601-3547 Greenville, SC 29601-3547
Reg Mailing
4800 Six Forks Road Suite 120
Raleigh, NC 27609-5245
Company Officials
Reg Office
4800 Six Forks Road Suite 120
Raleigh, NC 27609-5245
All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20.
Makrand Gautam
301 Augusta St, Suite 100
Greenville SC 29601-3547
https://www.sosnc.gov/onIine_services/search/Business_Registration_ResuIts 1 /1

Foundation Early Learning PCN Attachments 2-15-24 SEGi
Attachment 8
USFWS Species List
NLEB Consistency Letter
RCW SLOPES Form

�,.�
e�rJ KW WX
4.: United States Department of the Interior -41
p
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0047181
Project Name: Foundation Early Learning
February 09, 2024
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

Project code: 2024-0047181
02/09/2024
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.
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Project code: 2024-0047181
02/09/2024
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
3916 Sunset Ridge Rd
Raleigh, NC 27607-3726
[phone]
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Project code: 2024-0047181
02/09/2024
PROJECT SUMMARY
Project Code: 2024-0047181
Project Name: Foundation Early Learning
Project Type: Commercial Development
Project Description: The project is located at the intersection of Mallory Creek Drive, a three
laned thoroughfare, off of NC Hwy 133 (River Road), which is a three
lane, county road. The site mostly consists of maintained lawn. A linear
Pocosin wetland extends along the entire western side of the property. The
propose project consists of removing the vegetation and unsuitable soil
from approximately 0.06-acre of the Pocosin wetland, to install a
driveway for the Early Foundation Learning Center. The project is
anticipated to begin within the next 3 months.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(@34.18245505,-77!99009555959907,14z
r;,ap, iq
rA
x
Counties: Brunswick County, North Carolina
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Project code: 2024-0047181 02/09/2024
ENDANGERED SPECIES ACT SPECIES
There is a total of 14 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
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
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10515
BIRDS
NAME
Piping Plover Charadrius melodus
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6039
Red -cockaded Woodpecker Picoides borealis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/7614
Rufa Red Knot Calidris canutus ru fa
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
STATUS
Endangered
Proposed
Endangered
STATUS
Threatened
Endangered
Threatened
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Project code: 2024-0047181 02/09/2024
REPTILES
NAME
STATUS
American Alligator Alligator mississippiensis
Similarity of
No critical habitat has been designated for this species.
Appearance
Species profile: https://ecos.fws.gov/ecp/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://ecos.fws.gov/ecp/species/6199
Kemp's Ridley Sea Turtle Lepidochelys kempii
Endangered
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/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://ecos.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://ecos.fws.gov/ecp/species/1110
SNAILS
NAME
STATUS
Magnificent Ramshorn Planorbella magni fica Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6216
INSECTS
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
Cooley's Meadowrue Thalictrum cooleyi
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3281
Rough -leaved Loosestrife Lysimachia asperulae folio
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2747
STATUS
Candidate
STATUS
Endangered
Endangered
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Project code: 2024-0047181 02/09/2024
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 Acti and the
Migratory Bird Treaty Act2.
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 in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Bald and Golden Eagle Protection Act of 1940.
2. The Migratory Birds Treaty 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, see the PROBABILITY OF PRESENCE
SUMMARY below 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.
https://ecos.fws.gov/ecp/species/1626
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Project code: 2024-0047181 02/09/2024
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 "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "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.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle I I I I I I I I I I I I I I i l l l I. i ►--+--}- }- { f f ++ + ++
Non -BCC
Vulnerable
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/librq�r/
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/sunnlemental-information-mip-ratorv-birds-and-bald-and-p-olden-eap-les-mav-occur-
project-action
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Project code: 2024-0047181 02/09/2024
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE
SUMMARY below 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://ecos.fws.gov/ecp/species/9587
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.
https://ecos.fws.gov/ecp/species/1626
Black Skimmer Rynchops niger
Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Sep 15
and Alaska.
https://ecos.fws.gov/ecp/species/5234
Brown -headed Nuthatch Sitta pusilla
Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
Jul 15
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9427
Chimney Swift Chaetura pelagica
Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 25
and Alaska.
https://ecos.fws.gov/ecp/species/9406
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Project code: 2024-0047181
02/09/2024
NAME
BREEDING
SEASON
Coastal (waynes) Black -throated Green Warbler Setophaga virens waynei Breeds May 1
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Aug 15
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/11879
King Rail Rallus elegans Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 5
and Alaska.
https://ecos.fws.gov/ecp/species/8936
Lesser Yellowlegs Tringa flavipes Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https://ecos.fws.gov/ecp/species/9679
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
https://ecos.fws.gov/ecp/species/9511
Pectoral Sandpiper Calidris melanotos Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
https://ecos.fws.gov/ecp/species/9561
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
https://ecos.fws.gov/ecp/species/9513
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.
https://ecos.fws.gov/ecp/species/9439
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.
https://ecos.fws.gov/ecp/species/9398
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
https://ecos.fws.gov/ecp/species/10633
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
https://ecos.fws.gov/ecp/species/9478
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Project code: 2024-0047181 02/09/2024
BREEDING
NAME SEASON
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
https://ecos.fws.gov/ecp/species/9431
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 "Supplemental
Information on Migratory Birds and Eagles", specifically the FAQ section titled "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.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
American Kestrel ++*+ ++ 1++++ j 1 I 1 1 1 1 1 1 1 1 1 1. 1. 1 1 1 [- ++++ +$++ ++++ +++$
BCC -BCR
Bald Eagle/�-
Non-BCC
Vulnerable
Black Skimmer BCC Rangewide ++++ ++++ ++++ ++++ ++ I I 1 I I I I 1 1 1 1 I I I I+++++ ++++ ++++
(CON)
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Project code: 2024-0047181 02/09/2024
Brown-headed
Nuthatch logo loll mail moll +11
BCC -BCR
Chimney Swift 1 l I I Y�,
BCC Rangewide 1 I } } } } �' N- ,,,' Jill Jill 1" �rli t�lY
(CON)
Coastal (waynes) Black -throated ++++ ++++ ++++ ++++' I IIII I I III + ++,® + +++ ++++
Green Warbler
BCC -BCR
King Rail BCC Rangewide ,++$ ++++ ,+++ ++++ III IIII I I I I I I j +++ ++++ ++++ ++++
(CON)
Lesser Yellowlegs ++++ ++++ ++++ ++++ ++++ ' + ++++ ++++ ++++ +++$
BCC Rangewide * ++++ +—+� + +
(CON)
Painted Bunting ++++ ++++ ++++ ++ I I I I i 1-4-- 4-4-4-+ ++++ ++++ ++++ ++++
BCC -BCR
Pectoral Sandpiper
BCC Rangewide ++ } + -� -}--} t +-1 ++ +'4--} t -}-_}-_}-+ -I-+++ +—+— +'++
(CON)
BCC
Prairie Warbler
++$+ ++++ +++, „$+ +++, 4-+++ +--�I--"- ++ '' Jill"0, ++++ +++�
(CON)
Prothonotary ++J1 -- _l } }- }- +'+'++ 'N'„"", A-„+ +-1-"- +'++ „++ ++$+ ++++ ++++
Warbler I
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed +++ +--N-- A--N--N,-N
Woodpecker , „+,+, ++++ ++,
BCC Rangewide
(CON)
Ruddy Turnstone ++++ ++++ ,+++ ++++ ++++ ++++ +—+— +'++ ++++ ++++ ++++ ++++
BCC -BCR
Rusty Blackbird +„+ ++++ ++++ ++++ +—+— ++++ ++++ ++++
BCC -BCR
Wood Thrush ++++ ++++ ++++ ++I+ I IIII I I III + ++++ 0++` - _{.. _{...�._.�.. _{.. _{._.�.__1..
BCC Rangewide
(CON)
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-migratory-birds
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Project code: 2024-0047181
02/09/2024
• 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-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
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Project code: 2024-0047181
02/09/2024
IPAC USER CONTACT INFORMATION
Agency: Southern Environmental Group, Inc.
Name: Dana Lutheran
Address: 5315 South College Road
Address Line 2: Suite E
City: Wilmington
State: NC
Zip: 28412
Email [e-mail]
Phone: [phone]
14 of 14

�,.�
e�rJ 9W WX
4.: United States Department of the Interior -41
p
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607-3726
Phone: [phone] Fax: [phone]
In Reply Refer To: February 09, 2024
Project code: 2024-0047181
Project Name: Foundation Early Learning
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Record of project representative's no effect determination for'Foundation Early
Learning'
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 February 09, 2024, for
'Foundation Early Learning' (here forward, Project). This project has been assigned Project Code
2024-0047181 and all future correspondence should clearly reference this number. Please
carefully review this letter.
Ensuring Accurate Determinations When Using IPaC
The Service developed the IPaC system and associated species' determination keys in accordance
with the Endangered Species Act of 1973 (ESA; 87 Stat. 884, as amended; 16 U.S.C. 1531 et
seq.) and based on a standing analysis. All information submitted by the Project proponent into
IPaC must accurately represent the full scope and details of the Project.
Failure to accurately represent or implement the Project as detailed in IPaC or the Northern
Long-eared Bat Rangewide Determination Key (Dkey), invalidates this letter. Answers to certain
questions in the DKey commit the project proponent to implementation of conservation
measures that must be followed for the ESA determination to remain valid.
Determination for the Northern Long -Eared Bat
Based upon your IPaC submission and a standing analysis, your project has reached the
determination of "No Effect" on the northern long-eared bat. To make a no effect determination,
the full scope of the proposed project implementation (action) should not have any effects (either
positive or negative), to a federally listed species or designated critical habitat. Effects of the
action are all consequences to listed species or critical habitat that are caused by the proposed

Project code: 2024-0047181 IPaC Record Locator: 512-138381221 02/09/2024
action, including the consequences of other activities that are caused by the proposed action. A
consequence is caused by the proposed action if it would not occur but for the proposed action
and it is reasonably certain to occur. Effects of the action may occur later in time and may
include consequences occurring outside the immediate area involved in the action. (See §
402.17).
Under Section 7 of the ESA, if a federal action agency makes a no effect determination, no
consultation with the Service is required (ESA §7). If a proposed Federal action may affect a
listed species or designated critical habitat, formal consultation is required except when the
Service concurs, in writing, that a proposed action "is not likely to adversely affect" listed species
or designated critical habitat [50 CFR §402.02, 50 CFR§402.13].
Other Species and Critical Habitat that May be Present in the Action Area
The IPaC-assisted determination for the northern long-eared bat does not apply to the following
ESA -protected species and/or critical habitat that also may occur in your Action area:
• American Alligator Alligator mississippiensis Similarity of Appearance (Threatened)
• Cooley's Meadowrue Thalictrum cooleyi Endangered
• Green Sea Turtle Chelonia mydas Threatened
• Kemp's Ridley Sea Turtle Lepidochelys kempii Endangered
• Leatherback Sea Turtle Dermochelys coriacea Endangered
• Loggerhead Sea Turtle Caretta caretta Threatened
• Magnificent Ramshorn Planorbella magni fica Endangered
• Monarch Butterfly Danaus plexippus Candidate
• Piping Plover Charadrius melodus Threatened
• Red -cockaded Woodpecker Picoides borealis Endangered
• Rough -leaved Loosestrife Lysimachia asperulae folia Endangered
• Rufa Red Knot Calidris canutus ru fa Threatened
• Tricolored Bat Perimyotis sub flavus Proposed Endangered
You may coordinate with our Office to determine whether the Action may affect the animal
species listed above and, if so, how they may be affected.
Next Steps
Based upon your IPaC submission, your project has reached the determination of "No Effect" on
the northern long-eared bat. If there are no updates on listed species, no further consultation/
coordination for this project is required with respect to the northern long-eared bat. However, the
Service recommends that project proponents re-evaluate the Project in IPaC if: 1) the scope,
timing, duration, or location of the Project changes (includes any project changes or
amendments); 2) new information reveals the Project may impact (positively or negatively)
federally listed species or designated critical habitat; or 3) a new species is listed, or critical
DKey Version Publish Date: 01/18/2024 2 of 9

Project code: 2024-0047181 IPaC Record Locator: 512-138381221 02/09/2024
habitat designated. If any of the above conditions occurs, additional coordination with the
Service should take place to ensure compliance with the Act.
If you have any questions regarding this letter or need further assistance, please contact the
Raleigh Ecological Services Field Office and reference Project Code 2024-0047181 associated
with this Project.
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Project code: 2024-0047181 IPaC Record Locator: 512-138381221 02/09/2024
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Foundation Early Learning
2. Description
The following description was provided for the project 'Foundation Early Learning':
The project is located at the intersection of Mallory Creek Drive, a three laned
thoroughfare, off of NC Hwy 133 (River Road), which is a three lane, county
road. The site mostly consists of maintained lawn. A linear Pocosin wetland
extends along the entire western side of the property. The propose project consists
of removing the vegetation and unsuitable soil from approximately 0.06-acre of
the Pocosin wetland, to install a driveway for the Early Foundation Learning
Center. The project is anticipated to begin within the next 3 months.
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(@34.18245505,-77.99009555959907,14z
z
e
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Project code: 2024-0047181 IPaC Record Locator: 512-138381221 02/09/2024
DETERMINATION KEY RESULT
Based on the information you provided, you have determined that the Proposed Action will have
no effect on the Endangered northern long-eared bat (Myotis septentrionalis). Therefore, no
consultation with the U.S. Fish and Wildlife Service pursuant to Section 7(a)(2) of the
Endangered Species Act of 1973 (87 Stat. 884, as amended 16 U.S.C. 1531 et seq.) is required
for those species.
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain to cause, intentional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project. Intentional take could refer to
research, direct species management, surveys, and/or studies that include intentional handling/encountering,
harassment, collection, or capturing of any individual of a federally listed threatened, endangered or proposed
species?
No
2. 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. The action area does not overlap with an area for which U.S. Fish and Wildlife Service
currently has data to support the presumption that the northern long-eared bat is present.
Are you aware of other 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 NLEB acoustic detections. Data
on captures, roost tree use, and acoustic detections should post-date the year when white -
nose syndrome was detected in the relevant state. 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
DKey Version Publish Date: 01/18/2024 5 of 9

Project code: 2024-0047181 IPaC Record Locator: 512-138381221 02/09/2024
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
Yes
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
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Project code: 2024-0047181 IPaC Record Locator: 512-138381221 02/09/2024
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-
s elected -definitions
Yes
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Project code: 2024-0047181 IPaC Record Locator: 512-138381221 02/09/2024
PROJECT QUESTIONNAIRE
Will all project activities by completed by April 1, 2024?
No
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Project code: 2024-0047181 IPaC Record Locator: 512-138381221 02/09/2024
IPAC USER CONTACT INFORMATION
Agency:
Southern Environmental Group, Inc.
Name:
Dana Lutheran
Address:
5315 South College Road
Address Line 2:
Suite E
City:
Wilmington
State:
NC
Zip:
28412
Email
[e-mail]
Phone:
9102281841
LEAD AGENCY CONTACT INFORMATION
Lead Agency: Army Corps of Engineers
Name: David Moose
Email: [e-mail]
DKey Version Publish Date: 01/18/2024 9 of 9

RCW SLOPES Manual — North Carolina
March 2022
AppencuX A — Kea-COCKacdecd wooapmer consultation Area
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Source: USFWS, 2020
11

RCW SLOPES Manual — North Carolina
March 2022
Appendix B — Red -cockaded Woodpecker Effects Determination Key
ORM2 No.:
USFWS Reference No. (if applicable): 2024-0047181
Date 2/15/24
US Army Corps
of Engineers.
1) Is the action areal located within the RCW consultation area (see Appendix A and project -specific
results from a project -specific IPaC or internal USACE GIS review)?
a) Yes......................................................................................................................................................go to 2
b) No...................................................................................................................................................No effect2
2) Is the action areal located in the northeastern coastal plain (see Appendix A)?
a) Yes.......................................................................................................................................................go to 3
b) No (the project is located in piedmont, sandhills, or southeastern coastal plain)..................go to 4
3) Is the action areal located in a forested area with pine trees present in northeast North Carolina (e.g.,
high pocosin, Atlantic white cedar, nonriverine swamp forests, pond pine woodland, coastal fringe
evergreen forest, wet successional pine/pine-hardwood forest, or pine plantation or uplands)? If yes,
are the pine trees greater than 30 years of age (if stand age is not readily determined, refer to Table
1 for a description of the minimum dbh of 30-year-old pines associated with each community type).
If the answer to both of these questions is yes, choose Yes below. If the answer to one or both
questions is no, then choose No below.
a) Yes.......................................................................................................................................................go to 8
b) No...................................................................................................................................................No effect2
4) Is the action areal located within suitable RCW foraging or nesting habitat (pine or pine/hardwood
stands in which 50% or more of the dominant trees are pines and the dominant pine trees are 30
years of age or older or >_8-inches dbh')?
a) Yes.......................................................................................................................................................go to 5
(D No...................................................................................................................................................No effect2
5) Will any activity in the action areal remove trees equal to or greater than 8 inches dbh; or will any
activity occur within 200 feet of known RCW cavity trees? If unable to determine the location of a
cavity tree with confidence, contact the USFWS Raleigh Ecological Services Field Office.
a) Yes (to one or both).........................................................................................................................go to 6
b) No.........................................................................................................................................................NLAA3
12

RCW SLOPES Manual — North Carolina
March 2022
6) Is the action areal located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or
pine/hardwood stands that contain pines 60 years in age or older or >_10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines >_8 inches dbh, including
but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes........................................................................................................................................................go to 9
b) No.........................................................................................................................................................go to 7
7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be
impacted by any activity in the action areal?
a) Yes......................................................................................................................................................go to 9
b) No.........................................................................................................................................................NLAA3
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action areal.
Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in
the action area, or is the action areal within 200 feet of a cavity tree? If the answer to either of these
questions is yes, choose Yes below. If unable to determine the location of a cavity tree with
confidence, then contact the USFWS Raleigh Field Office.
a) Yes......................................................................................................................................................go to 9
b) No.........................................................................................................................................................NLAA3
9) Contact the appropriate USACE representative for a pre -application meeting to determine if a survey
is necessary (for a list of USACE representatives please see the contact list at http:Hsaw-
reg.usace.army.mil/FO/PMList.pdf). Note that project -specific information, such as a delineation of
waters of the U.S., project plans, and details concerning certain activities on disturbances that would
occur in the action areal (e.g. percussive activities, forest management, or similar disturbances), may
be needed for the USACE to determine the action area(s)1 of the project. If a survey is required and
agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action areal should
be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is
unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such
surveys are conducted by running line transects through stands and visually inspecting all medium-
sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all
trees are inspected and are run north -south.
Was a survey performed?
a) Yes, a survey was performed, and RCW cavity trees were observed.......................................go to 10
b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the
results (no RCW cavity trees were observed)................................................................................NLAA3
c) No, the USACE determined that a survey was not required and the USFWS
concurred.............................................................................................................................................NLAA3
d) No, a survey was not performed..........................................................................Consultation required
10) Does the project involve activities or disturbances in the action areal (e.g., percussive activities, forest
management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or
damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then
consultation is required.
a) Yes............................................................................................................................Consultation required
b) No......................................................................................................................................................go to 11
13

RCW SLOPES Manual — North Carolina
March 2022
11) Has a foraging habitat analysis (FHA)' been conducted to determine whether enough foraging habitat
would remain for each RCW group post -project? For information on how to conduct an FHA', refer to
the "Procedures for Determining Foraging Habitat Availability" and the Private Land Guidelines.'
a) Yes, the FHA' has been submitted to the USFWS for concurrence' and the USFWS concurred
that adequate amounts of foraging habitat would remain post -project ................................. NLAA 3
b) Yes, and review of the FHA' by the USACE along with concurrence from USFWS determined
inadequate amounts of foraging habitat would remain post -project......... Consultation required'
c) No, an FHA' has not been conducted...............................................................Consultation required'
"Action Area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved
in the action. Please contact the appropriate USACE representative for any questions as to the action area for the Federal action.
For a list of USACE representatives, please see the contact list at: http://saw-reg.usace.army.mil/FO/PMList.pdf.
2No effect — The proposed project would result in no effect to this species and/or its federally designated critical habitat (if
applicable). Further consultation with the USFWS Raleigh and Asheville Ecological Services field offices is not necessary for the
project as described.
3NLAA—The proposed project may affect but is not likely to adversely affect this species and/or its designated critical habitat (if
applicable). NLAA determinations for projects made pursuant to this key require no further consultation with the USFWS Raleigh
and Asheville Ecological Services field offices, therefore, consultation is considered complete for this species. For General Permits,
submittal of a Pre -Construction Notification to the USACE will be required for all NLAA determinations.
4Follow link to USFWS RCW Recovery Plan, Appendix 4 for additional information on nesting and foraging habitats, and survey
protocol (https://www.fws.goy/rcwrecovery/files/RecoveryPlan/survey protocol.pdf)
6Consultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the
contact list at http://saw-reg.usace.armV.mil/FO/PMList.pdf. Further consultation with the USFWS Raleigh and Asheville
Ecological Services field offices is necessaryto discern if the activity would result in a "no effect;" "not likely to adversely affect,"
or "likely to adversely affect" determination.
6Follow links for additional information on conducting FHA (https://www.fws.gov/rcwrecovery/matrix.html) and for
determining foraging habitat availability (https://www.fws.goy/ncsandhills/files/fha data collection procedures.pdf).
7Follow link for additional information regarding determination for adequate amount of foraging habitat
(https://www.fws.gov/rcwrecovery/files/RecoveryPlan/private lands guidelines.pdf).
8 FHA — When an FHA is conducted, the USACE must provide the FHA to USFWS for review and concurrence.
Additional Information
14

RCW SLOPES Manual — North Carolina
March 2022
Appendix C —Conservation Recommendations
These recommendations are optional and, if implemented, would support the agency's goals toward
recovery. These recommendations are to be used at the discretion of the permittee, but any measures that
avoid and minimize effects to the species are highly encouraged by the USFWS.
1. Minimize project impacts within clusters and foraging habitat whenever possible (i.e., conduct large
pine removal outside of nesting season [April 1 to July 31], trim branches instead of complete tree
removal, switch building plans to retain large pines).
2. The USFWS strongly recommends that occupied habitats be avoided and preserved. The first measure
is to modify the project footprint to avoid direct impacts to RCW habitat. This habitat could be
designated as an environmentally sensitive area and set aside by deed restriction, easement, or
another protective covenant. If the occupied habitat on the property exceeds 5 acres (2 hectares),
then a habitat management plan is also recommended. Incorporating these recommendations into
the project design and documenting them in the habitat management plan might result in the project
being not likely to adversely affect the RCW.
3. On -site habitat enhancements are recommended by the USFWS in situations where a project
proposes to impact occupied RCW habitat. If the site has been physically altered by exotic species
invasion, lack of fire, or other anthropogenic actions, these alterations have produced on -site habitat
conditions that have resulted in marginally suitable habitats for RCW's survival and propagation. The
planned action, through project redesign, has avoided impacting a substantial portion of the habitat. -
however, some habitat loss will still occur. The project proposes on -site habitat enhancements and
management actions that provide habitat quality improvements that balance losses of small amounts
of marginally suitable habitats. Incorporating these recommendations into the project and
documenting them in a habitat management plan can result in the project being not likely to adversely
affect the RCW.
4. Remove vines and thick underbrush/mid-storyto improve site suitability.
5. Provision starts and/or completed cavities in suitable large pines to provide additional housing
opportunities to an RCW cluster.
is