20240550 Ver 1_The Proximity Blue Clay, LLC PCN Attachments_20240411

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The Proximity Blue Clay, LLC
3600 Block of Blue Clay Road
Castle Hayne, NC 28429
Pre -Construction Notification Attachments
Prepared for:
Calvin F. Wells, Jr., Manager
102 Autumn Hall Drive, Suite 210
Wilmington, NC 28403
[phone]
[e-mail]
Prepared by:
Megan Dean
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
[phone]
[e-mail]
Date:
11 Apri12024

The Proximity Blue Clay PCN Attachments
SEGi*
Appendix A: Location Maps, Parcel Information, & Agent Authorization .............................3
Appendix B: Surface Water and DWR Classification........................................................9
Appendix C: Previously Issued Permits.........................................................................10
AppendixD: Site Plans................................................................................................ 11
Appendix E: Jurisdictional Determination...................................................................... 12
Appendix F: NLEB Consistency Letter...........................................................................13
AppendixG: Species List.............................................................................................14
Appendix H: RCW SLOPES Form.................................................................................. 15
Appendix I: NOAA Fisheries Essential Fish Habitat Report .............................................. 16
Appendix J: NC Historic/Cultural Resources - SHPO HPOWEB2.0 Map ...........................17
Appendix K: Flood Zone Information - FRIS NC Flood Map .............................................. 18
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The Proximity Blue Clay PCN Attachments
Appendix A: Location Maps, Parcel Information, & Agent Authorization
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Page 3of18

The Proximity Blue Clay PCN Attachments SEGI
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The Proximity Blue Clay PCN Attachments
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The Proximity Blue Clay PCN Attachments 4
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The Proximity Blue Clay PCN Attachments
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Page 7 of 18

The Proximity Blue Clay PCN Attachments
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Ownership Information
P'ID: R02600-003-087-000
MAP'ID: 323013.14.3899.000
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PRoxIMITY BLUE CLAY LLC
102 AUTUMN HALL DR
CSUITE 210 WILMINGTON, NC284o3 L-64
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Page 8 of 18

5F.Gi
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: LAND ADJ MAPLEWOODS SEC 1
LOT NO._ _ PLAN NO. PARCEL I.D. R02613-001-001-000
STREET ADDRESS: 3652BIueclayRd
Property Owner (please print):._. Trask D Webster Rev Trust Etal
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Grout), Inc. (SEGi) to act on their behalf in matters regarding areas of
environmental concern.
Property Owner's Address (if different than property above):
6336 Oleander Dr
Wilmington, NC 28403
Email:
Telephone:
7 1, 0 - J—.Z c7 — % -Z _�, a
We hereby certify the above information submitted in this application is true and accurate to the best of
our knowledge.
Property Owner Authorized Signature SEGi Authorized Signature
feu- Task sV_ T,rurt David Scibetta
Print Name Print Name
Date
6/24/2022
Date

The Proximity Blue Clay PCN Attachments SEGi*
Appendix B: Surface Water and DWR Classification
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Page 9 of 18

The Proximity Blue Clay PCN Attachments
Appendix C: Previously Issued Permits
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The Proximity Blue Clay PCN Attachments
Appendix D: Site Plans
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Page 11 of 18

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The Proximity Blue Clay PCN Attachments
Appendix E: Jurisdictional Determination
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Page 12 of 18

Electronically Transmitted
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02176 County: New Hanover U.S.G.S. Quad: NC -Castle Hayne
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Trask D Webster Rev Trust Etal
D. Webster Trask
Address: 6336 Oleander Dr.
Wilmington, NC 28403
E-mail: Raiford(&trasklandco.com
Size (acres) 23 Nearest Town Wrightsboro
Nearest Waterway Prince George Creek River Basin Cape Fear
USGS HUC 03030007 Coordinates Latitude: 34.309182
Longitude:-77.902063
Location description: The project area is approximately located at 3650 Blue Clay Road in Castle Hayne.
Indicate Which of the Following Apply:
A. Preliminary Determination
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/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 over all 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,
including wetlands on your project area/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 project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
® There are waters, including wetlandson the above described project area/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.
❑ We recommend you have the waters, including wetlands on your project area/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.

SAW-2022-02176
© The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/17/2022. 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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. 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/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in 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.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA).
You should contact the Division of Coastal Management in Morehead City, 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 Brad Shaver at [phone] or
brad.e.shaver(&usace.armv.mil.
C. Basis For Determination: Basis For Determination: See the approved iurisdictional determination
form dated 11/21/2022.
D. Remarks: The site was field verified on 1111612022.
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 (This information applies only to approved jurisdictional determinations as indicated in 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
AND
PHILIP.A. SHANNINgUSACE.ARMY.MIL

SAW-2022-02176
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 01/20/2023.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digit, lly,!, ned by Brad Shaver
Corps Regulatory Official: Brad Shaver 05'00' 022.11.22 11:15:57
Date of JD: 11/21/2022 Expiration Date of JD: 11/20/2027
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
h11ps://re u1�atOr,�.ops.usace.army.mil/customer-service-survey/.
Copy Furnished(electronic):
SEGI attn: David Scibetta
SEGI attn: Noah Dean

a
Property Line
RPW
50 ft 150 ft 250 ft 350 ft
Map Source: 2020 NC Statewide Orthoimagery Field Sketch N
Blue Clay Fields
All lines are approximate and should be used for
planning purposes only. Wilmington, New Hanover Co., N.C.
11/17/2022 01S-092.02 5��'

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Trask D Webster Rev Trust Etal, D. Webster
File Number: SAW-2022-02176
Date: 11/21/2022
Trask
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
❑X
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 or http://www.usace.army.mit/Missions/CivilWorks/RegulatoiyProaramandPennits.aspx
or the 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 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 II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

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
MR. PHILIP A. SHANNIN
Attn: Brad Shaver
ADMINISTRATIVE APPEAL REVIEW OFFICER
Wilmington Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
69 Darlington Avenue
ATLANTA, GEORGIA 30303-8803
Wilmington, North Carolina 28403
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNIN(aUSACE.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 opportum 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: Brad Shaver, 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]

The Proximity Blue Clay PCN Attachments
Appendix F: NLEB Consistency Letter
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Page 13 of 18

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4.: United States Department of the Interior -41
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FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
3916 Sunset Ridge Rd
Raleigh, NC 27607
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project code: 2024-0074476
Project Name: The Proximity Blue Clay, LLC
Federal Nexus: no
Federal Action Agency (if applicable):
Subject: Technical assistance for'The Proximity Blue Clay, LLC'
Dear Megan Dean:
04/09/2024 14:44:19 UTC
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 April 09, 2024, for
'The Proximity Blue Clay, LLC' (here forward, Project). This project has been assigned Project
Code 2024-0074476 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.

Project code: 2024-0074476 IPaC Record Locator: 125-141430771 04/09/2024 14:44:19 UTC
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
• Golden Sedge Carex lutea 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 cause prohibited take
of the animal species and/or critical habitat 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 Steps
Coordination with the Service is complete. This letter serves as technical assistance. All
conservation measures should be implemented as proposed. Thank you for considering federally
listed species during your project planning.
We are uncertain where the northern long-eared bat occurs on the landscape outside of known
locations. Because of the steep declines in the species and vast amount of available and suitable
forest habitat, the presence of suitable forest habitat alone is a far less reliable predictor of their
presence. Based on the best available information, most suitable habitat is now expected to be
unoccupied. During the interim period, while we are working on potential methods to address
this uncertainty, we conclude take is not reasonably certain to occur in areas of suitable habitat
where presence has not been documented.
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
DKey Version Publish Date: 03/29/2024 2 of 8

Project code: 2024-0074476 IPaC Record Locator: 125-141430771 04/09/2024 14:44:19 UTC
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 2024-0074476 associated
with this Project.
DKey Version Publish Date: 03/29/2024 3 of 8

Project code: 2024-0074476 IPaC Record Locator: 125-141430771 04/09/2024 14:44:19 UTC
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
The Proximity Blue Clay, LLC
2. Description
The following description was provided for the project'The Proximity Blue Clay, LLC':
To fill historical agricultural ditches in preparation for residential property to be
built.
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)34.3061139,-77.90324449685517,14z
DKey Version Publish Date: 03/29/2024 4 of 8

Project code: 2024-0074476 IPaC Record Locator: 125-141430771 04/09/2024 14:44:19 UTC
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
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: 03/29/2024 5 of 8

Project code: 2024-0074476 IPaC Record Locator: 125-141430771 04/09/2024 14:44:19 UTC
5. Is the proposed action authorized, permitted, licensed, funded, or being carried out by a
Federal agency in whole or in part?
No
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PROJECT QUESTIONNAIRE
DKey Version Publish Date: 03/29/2024 7 of 8

Project code: 2024-0074476 IPaC Record Locator: 125-141430771
04/09/2024 14:44:19 UTC
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
Megan Dean
Address:
5315 South College Road
Address Line 2:
Suite E
City:
Wilmington
State:
NC
Zip:
28412
Email
[e-mail]
Phone:
9102281841
DKey Version Publish Date: 03/29/2024 8 of 8

The Proximity Blue Clay PCN Attachments
Appendix G: Species List
SEGi*
Page 14 of 18

�,.�
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
Phone: [phone] Fax: [phone]
In Reply Refer To: 04/09/2024 14:42:28 UTC
Project Code: 2024-0074476
Project Name: The Proximity Blue Clay, LLC
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: 2024-0074476
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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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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
[phone]
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PROJECT SUMMARY
Project Code: 2024-0074476
Project Name: The Proximity Blue Clay, LLC
Project Type: New Constr - Above Ground
Project Description: To fill historical agricultural ditches in preparation for residential property
to be built.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)34.3061139,-77.90324449685517,14z
W11-C, V
W
Counties: New Hanover County, North Carolina
In
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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
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
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MAMMALS
NAME
STATUS
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
BIRDS
NAME
STATUS
Piping Plover Charadrius melodus
Threatened
Population: [Atlantic Coast and Northern Great Plains populations] - Wherever found, except
those areas where listed as endangered.
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/6039
Red -cockaded Woodpecker Picoides borealis
Endangered
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
Threatened
There is proposed critical habitat for this species.
Species profile: https://ecos.fws.gov/ecp/species/1864
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 proposed 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
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NAME
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
STATUS
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 STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.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://ecos.fws.gov/ecp/species/3281
Golden Sedge Carex lutea 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/6025
Rough -leaved Loosestrife Lysimachia asperulae folia Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.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.
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BALD & GOLDEN EAGLES
Bald and golden eagles are protected under the Bald and Golden Eagle Protection Act 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 Eap-le 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 likely bald eagles present in your project area. For additional information on bald
eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity
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
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.

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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.
I 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 I I I I I I I I I I I I I L I I I I I 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/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-migratory-birds-and-bald-and-golden-eagles-may-occur-
project-action
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act' and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described in the links below. Specifically,
please review the "Supplemental Information on Migratory Birds and Eagles".
1. The gyratory 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)
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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
American Oystercatcher Haematopus palliatus Breeds Apr 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
https://ecos.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.
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
Chuck-will's-widowAntrostomus carolinensis Breeds May 10
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jul 10
(BCRs) in the continental USA
https://ecos.fws.gov/ecp/species/9604
Coastal (waynes) Black -throated Green Warbler Setophaga virens waynei Breeds May
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
Eastern Whip -poor -will Antrostomus voci ferns Breeds May
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
https://ecos.fws.gov/ecp/species/10678
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
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NAME
BREEDING
SEASON
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
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
Short -billed Dowitcher Limnodromus griseus 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/9480
Southeastern 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/4076
Swallow-tailed Kite Elanoides forficatus Breeds Mar 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jun 30
and Alaska.
https://ecos.fws.gov/ecp/species/8938
Willet Tringa semipalmata Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 5
and Alaska.
https://ecos.fws.gov/ecp/species/10669

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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 JAN1l FEB
M1AlRl APR MAY JUN JUL AUG SEP l OCT
NOV DEC l
American Oystercatcher
BCC Rangewide
(CON)
Bald Eagle I I I I I I I I I I I I I I I I I I I I I I I I I �TT I I I Ie I Non -BCC
Vulnerable 11 l 11 11 f L l 11 l l 11 111
Black Skimmer 11 I I I I I , �,_I I I I I I I I I I I I I I I I I I I I+ I 1 I I 1 1 I I 1 T
BCC Rangewide
(CON)
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Nuthatch Brown-headed1111 loll 1111 1'11 1111 1 L, I + th ih I I I ,I I I I I I
BCC -BCR !�
Chimney Swift BCC Rangewide III IIII III 111111111111111111111111111st ++++ ++++
(CON)
Chuck-will's-widow ++++ ++++ ++++ 4111 11 I I I I I I IIII ++++ ++++ ++++ ++++ ++++
BCC -BCR
Coastal (waynes) + t -1 }} t ++ + I} I I I I I I I I I IIII I I I ++ I I T} Black -throated
Green Warbler
BCC -BCR
Eastern Whip -Poor-
will
BCC Rangewide
(CON) 1 l 1 l 11 L + ii I l l 11 l 1
Lesser Yellowlegs ++++ +++ 1 I+++ ++*+ + 1 11 1 1+++++ *+++ TT++ +++ 1 I I 1 1 I+ 1+
BCC Rangewide
(CON)
Painted Bunting BCC -BCR III 1111 I II I I I I I I I I 1111 1111 I I II- 0* 1 I I I I I I1++
Pectoral Sandpiper BCC Rangewide 1111 I .I_.I.+ 1*++ **++ *+4- I I.1 I I .I .I_I_ I.
(CON)
Prothonotary ++++
Warbler ++++ +++T I I I I I I I I I I I I I I I I� *�T+ ++++ ++++ ++++ ++++
BCC Rangewide
(CON)
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed Woodpecker 0+11 *001 logo loll loll INN +000 loll loll IIIIIIIIII01
BCC Rangewide
(CON)
Ruddy Turnstone T+ I I 1 I- 1 + tI ++ + 1 1 } I 1 t-144 ++t-1-1--I -I 1 I � I ++ +1 + tt + + tt + -}
BCC -BCR
Rusty Blackbird BCC -BCR *+++ ++++++++ ++++' ++++ ++++ ++++
Short -billed ++++
Dowitcher ++++ ++++ ++++ ++++ ++++ +++� ++++ +�++ ++++ ++++ ++++
BCC Rangewide
(CON)
Southeastern III IIII IIII IIII IIII IIII IIII IIII II I IIII IIII IIII American Kestrel
BCC -BCR
Swallow-tailed Kite +—++ —H 1 - I - 1 1 - 1 1 1 1 1 - 1 — I - 1 - 1 — — — — -- — ---- A,-- —+— ­
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BCC Rangewide
(CON)
Willer
11l 111 Ill 11
+
BCC Rangewide
I I I I I I I I I I I
(CON)
Wood Thrush
1
++++ ++++ ++++ +++
BCC Rangewide
I
(CON)
Additional information can be found using the following links:
1 4+ +*++ ++++ ++0+ ++++
• 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
• 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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IPAC USER CONTACT INFORMATION
Agency: Private Entity
Name: Megan Dean
Address: 5315 South College Road
Address Line 2: Suite E
City: Wilmington
State: NC
Zip: 28412
Email [e-mail]
Phone: [phone]
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The Proximity Blue Clay PCN Attachments
Appendix H: RCW SLOPES Form
SEGi*
Page 15 of 18

RCW SLOPES Manual —North Carolina
March 2022
Appendix A— Rep -cockaded woodpecker consultation Area
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Source. USFYM 2020
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RCW SLOPES Manual — North Carolina
March 2022
•
US Army Corps
of Engineers.
Appendix B — Red -cockaded Woodpecker Effects Determination Key
ORM2 No.: Date 04/09/2024
USFWS Reference No. (if applicable):2024-0074476
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
No...................................................................................................................................................No effect2
2) I the action areal located in the northeastern coastal plain (see Appendix A)?
a) Yes.......................................................................................................................................................go to 3
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
b) 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
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RCW SLOPES Manual — North Carolina
March 2022
6) Is the action area' located in suitable RCW nesting habitat (in the sandhills and piedmont: pine or
pine/hardwood stands that contain pines 60 years in age or older or z10 inches dbh; in the
southeastern coastal plain: pine or pine/hardwood stands that contain pines 2:8 inches dbh, including
but not limited to pine flatwoods, pocosin, pine savannah, upland pine/hardwood)?
a) Yes........................................................................................................................................................go to 9
b) No.........................................................................................................................................................go to 7
7) Does suitable nesting habitat occur within 0.5 miles of suitable foraging habitat that would be
impacted by any activity in the action area'?
a) Yes......................................................................................................................................................go to 9
b) No.........................................................................................................................................................NLAA3
8) Refer to Table 1 in the SLOPES for the northeastern North Carolina habitat type in the action area'.
Are pine trees with a dbh equal to or greater than that shown in Table 1 proposed to be removed in
the action area', or is the action area' within 200 feet of a cavity tree? If the answerto 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/PMUist.PdD. Note that project -specific information, such as a delineation of
waters of the U.S., project plans, and details concerning certain activities on disturbances that would
occur in the action area' (e.g. percussive activities, forest management, or similar disturbances), may
be needed for the USACE to determine the action area(s)' of the project. If a survey is required and
agreed to by the applicant, all suitable RCW nesting habitat within 0.5 miles of the action area' should
be surveyed according to USFWS protocol for the presence of RCW cavity trees'. If the applicant is
unwilling or unable to conduct the survey, standard consultation with the USFWS should begin. Such
surveys are conducted by running line transects through stands and visually inspecting all medium-
sized and large pines for evidence of cavity excavation by RCWs. Transects must be spaced so that all
trees are inspected and are run north -south.
Was a survey performed?
a) Yes, a survey was performed, and RCW cavity trees were observed.......................................go to 10
b) Yes, the survey was submitted to the USFWS for concurrence, and the USFWS concurred with the
results (no RCW cavity trees were observed)................................................................................NLAA3
c) No, the USACE determined that a survey was not required and the USFWS
concurred.............................................................................................................................................NLAA3
d) No, a survey was not performed..........................................................................Consultation required'
10) Does the project involve activities or disturbances in the action area' (e.g., percussive activities, forest
management, or similar disturbances) within the 200-foot cavity tree buffer, and/or cause removal or
damage to RCW cavity trees (e.g., via root compaction, soil compaction)? If yes to either or both then
consultation is required.
a) Yes............................................................................................................................Consultation required'
b) No......................................................................................................................................................go to 11
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RCW SLOPES Manual — North Carolina
March 2022
11) Has a foraging habitat analysis (FHA)6 been conducted to determine whether enough foraging habitat
would remain for each RCW group post -project? For information on how to conduct an FHA6, referto
the "Procedures for Determining Foraging Habitat Availability' and the Private Land Guidelines!
a) Yes, the FHA6 has been submitted to the USFWS for concurrences and the USFWS concurred
that adequate amounts of foraging habitat would remain post-project.................................NLAA3
b) Yes, and review of the FHA by the USACE along with concurrence from USFWS determined
inadequate amounts of foraging habitat would remain post -project......... Consultation requireds
c) No, an FHA has not been conducted...............................................................Consultation requireds
'Action Area means all areas to be affected directly or indirectly bythe 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-res.usace.army.mil/F0/PMust.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 likelyto 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 completeforthis species. ForGeneral 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 nrotocol.ndf)
sConsultation required — Contact the USACE to begin this consultation process. For a list of USACE representatives please see the
contact list at http://saw-reiz.usace.army.mil/F0/PMUst.pdf. Further consultation with the USFWS Raleigh and Asheville
Ecological Services field offices is necessary to discern if the activity would result in a "no effect,' "not likelyto adversely affect,"
or "likely to adversely affect" determination.
6Follow links for additional information on conducting FHA (https://www.fws.jzov/rcwrecovery/matrix.htmi) and for
determining foraging habitat availability (https://www.fws.govincsandhills/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 Ruidelines.pdf).
8 FHA —When an FHA is conducted, the USACE must provide the FHAto USFWS for review and concurrence.
Additional Information
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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 likelyto adversely
affect the RCW.
4. Remove vines and thick underbrush/mid-storyto improve site suitability.
S. Provision starts and/or completed cavities in suitable large pines to provide additional housing
opportunities to an RCW cluster.
15

The Proximity Blue Clay PCN Attachments SEGI
Appendix I: NOAA Fisheries Essential Fish Habitat Report
Page 16 of 18

The Proximity Blue Clay PCN Attachments SEGi
AppendixJ: NC Historic/Cultural Resources - SHPO HPOWEB2.0 Map
a !41
449
q.`
V �FA
NEW HANOVER
yF
Page 17 of 18

The Proximity Blue Clay PCN Attachments
Appendix K: Flood Zone Information - FRIS NC Flood Map
Legend
Flood Hazard Areas
Zone VE
Zone. A. AH, AO; A99, V
ZonesAE. AE 1%Annual
Chance Flood Hazard
Contained In Structure, 1%
Annual Chance Flood
Hazard Conditions
Zone AE. Floodway.4%
Annual Chance Fload
Hazard Conditions:
Floodway. l%Future
Conditions Contained In
Channel Floodway
Zone AE, Community
Encroachment Area, 1%
SEGi�
Food�o�a
iv—F,, I
Flood Source Flood model'rs notavallaWefor
' tM1iS area.
Base Fload Elevation: N/A Less .
MY— Flood Elevation N/A
25Year Flood Elevauon N/A
50Year Food Elevanon N/A
1001ear Flood Elevation N/A
100Year Future Conditlons N/A
500Year Flood Elevation N/A
County: New Hanover
Pollticdl Area'. New Hanover County
CID370168
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