20230663 Ver 2_20230663 Ver 2_ePCN Application_20240430_20240501

MEMO
SOIL HORIZONS, LLC
PO BOX 1063
YOUNGSVILLE, NC 27596
To:
Caitlin Westerfield, Raleigh Field Office USACE, Zachary Thomas, NC DWR
From:
John R. Davis, Jr. LSS
CC:
Terry Slate, William Daniel, Bart McLain
Date:
5/1 /2024
Re:
Brookshire SD PCN Revised Submittal.
COMMENTS: Just wanted to thank everyone for the project meeting yesterday. I especially
appreciated the regulatory guidance and direction received. Per our
discussion, I have revised the PCN for the two additional utility impacts to this
project for review as an after the fact permit submittal. The original impacts
that were "statutorily approved" have been lined out in "red" just for reference.
Thanks again for willingness to meet in person to discuss issues and move
forward with this project.

II.II
DW R
DMslon of Water Resources
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
October 2, 2023 Ver 4.3
Initial Review
Has this project met the requirements for acceptance in to the review process?
Yes No
Is this project a public transportation project?*
Yes No
Change only If needed.
Does this project involve maintenance dredging funded by the Shallow Draft Navigation Channel Dredging and Aquatic Weed Fund or involve the distribution or transmission of energy or
fuel, including natural gas, diesel, petroleum, or electricity?
Yes No
BIMS # Assigned * Version# *
20230663 2
Is a payment required for this project?*
No payment required
Fee received
Fee previously paid
Reviewing Office*
Raleigh Regional Office - [phone]
Information for Initial Review
la. Name of project:
Brookshire Development
la. Who is the Primary Contact?*
John R. Davis Jr.
1b. Primary Contact Email: *
soil [e-mail]
Date Submitted
1/31/2024
Nearest Body of Water
Purgatory Branch
Basin
Cape Fear
Water Classification
C
Site Coordinates
Latitude:
35.521689
A. Processing Information
Is this project connected with ARPA funding?
Yes No
County (or Counties) where the project is located:
Lee
Is this a NCDMS Project
Yes No
Longitude:
-79.233012
What amount is owed?*
$240.00
$323.00
Select Project Reviewer*
Zachary Thomas:zachary.thomas
1c. Primary Contact Phone:*
[phone]
$570.00
$767.00
Is this project a public transportation project?*
Yes No

1a. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
Please provide the date of the previous submission.
5/5/2023
1b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
1c. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number:
Nationwide Permit (NWP) Number:
NWP Numbers (for multiple NWPS):
1d. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
29 - Residential Developments
12 - Utility Lines
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application? *
X Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
1d. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Pinnacle Partners LLC
2b. Deed book and page no.:
1010/862
2c. Contact Person:
Terry E. Slate, Manager
401 Water Quality Certification - Express
Riparian Buffer Authorization
Yes No
Yes No

2d. Address
Street Address
4201 Fayetteville Road
Address Line 2
City
Raleigh
Postal / Zip Code
27603
2e. Telephone Number:
[phone]
2g. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
John R. Davis, Jr.
4b. Business Name:
Soil Horizons, LLC
4c.Address
Street Address
285 Dreamcatcher Trail
Address Line 2
city
Youngsville
Postal / Zip Code
27596
4d. Telephone Number:
[phone]
4f. Email Address:*
soil [e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
Brookshire Subdivision Phase 1
1c. Nearest municipality / town:
Sanford
2. Project Identification
2a. Property Identification Number:
9634-04-4681
2c. Project Address
Street Address
0 Boone Trail Road
Address Line 2
city
Sanford
Postal / Zip Code
27330
3. Surface Waters
3a. Name of the nearest body of water to proposed project:
Purgatory Branch
3b. Water Resources Classification of nearest receiving water:
C
3c. What river basin(s) is your project located in?*
Cape Fear
State / Province / Region
NC
Country
USA
2f. Fax Number:
State / Province / Region
NC
Country
USA
4e. Fax Number:
[phone]
2b. Property size:
168
State / Province / Region
NC
Country
USA
O

3d. Please provide the 12-digit HUC in which the project is located.
0303000306
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: "
The property is mostly forest that has been logged within the past 5 years. It is surrounded by individual parcels of residences and businesses. There is one subdivision to the south of this
property. It has access on two roads. NC Hwy 421 and Valley Road.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?
Yes No Unknown 2023 Submission for first impacts
If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW-0000-00000).
SAW-2023-00975 2023 Submission for first impacts
DWR-2023-0663
4f. List the total estimated acreage of all existing wetlands on the property:
0.202
4g. List the total estimated linear feet of all existing streams on the property:
6050
4h. Explain the purpose of the proposed project:
To construct a residential subdivision.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:
This project will involve the grading of proposed residential lots and subdivision road construction and sewer construction. The installation of sewer pipes and other utilities will take place
in areas needed. Site grading will require typical equipment such as grading and excavation machines, trucks, and drilling and boring equipment as needed. Sedimentation and erosion
control measures will be taken to protect the streams onsite. Silt fences, rock dams and sedimentation pits will be constructed on site in the upland areas.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?"
Yes No =? Unknown
Comments:
Delineations were review in 2018.
5b. If the Corps made a jurisdictional determination, what type of determination was made?
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
SAW-2023-00975
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Andrew Williams
Agency/Consultant Company: USACE
Other:
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
April, 2018. There was a preliminary determination for majority of tract and an approved JD for a small isolated pond near Hwy 421. NC DWR did not make a site visit. These streams do
not have riparian buffers.
6. Future Project Plans
6a. Is this a phased project?"
Yes No
6b. If yes, explain.
The subdivision will be built in phases.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Road impacts are under NWP 29 and utility line impacts under NWP 12.
D. Proposed Impacts Inventory
1. Impacts Summary
1a. Where are the impacts associated with your project? (check all that apply):
Wetlands Streams -tributaries Buffers
Open Waters Pond Construction
2. Wetland Impacts

2a1 Reason c? 2b. Impact type * (') 2c. Type of W. 2d. W. name 2e. Forested" 2f. Type of Jurisdicition * 2g. Impact
(acres)
2g. Total Temporary Wetland Impact
0.000
2g. Total Wetland Impact
8.098
2i. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
3a- tltvaaon for impact ,'.
6.Nnpact eypa"
3c. T]rp■ W Impact `
3d. S. Ma `
. Sham Typa "r
:K TVPa of
8. w:dth
i•i
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S7
R d Crosging
errnanem
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$2
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h7�1
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emperary
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se
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Sanitary Sewer
Temporary
Excavation / Fill
Stream Impact #6
Perennial
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11
21
nverege(feet)
tnnear feet)
S11
Sanitary Sewer
Temporary
Excavation /Fill
Stream Impact #7
Perennial
Both
�
21
Average (feet)
tnnear feet)
31. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
42
3j. Comments:
Plans include the plan view and cross section views of proposed impacts.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
42
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Strategic location of sewer line crossing with regard to pipe grade to minimize impacts.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Sedimentation and erosion control measures will be constructed, inspected and maintained during construction and will be located outside of
jurisdictional areas. Sewer construction practices will be used to protect water quality and avoid impacts where feasible. Unimpacted jurisdicational
features will be marked with fencing etc. to prevent accidental traffic or impacts.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
Impacts to steam bed area are approximately O.xxxx acres.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
V

1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
Project is located in the Cape Fear River Basin. Silt fences and level spreaders will be utilized to maintain sheet diffuse flow into water resources.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?"
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program?
Yes No
N/A - project disturbs < 1 acre
2d. Which of the following stormwater management program(s) apply:
Local Government State
Local Government Stormwater Programs
Phase II NSW USMP Water Supply
Please identify which local government stormwater program you are using.
City of Sanford
Comments:
This plan maintains post -development flows for the 2 and 10 year storm events below predevelopment conditions per City of Sanford Zoning Conditions.
G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?
Yes No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?"
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?
Yes No
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?
Yes No N/A
4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a
treatment plant, list the capacity available at that plant.
Municipal sewer service.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
Sa. Will this project occur in or near an area with federally protected species or habitat? "
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Raleigh
5d. Is another Federal agency involved?'�
Yes No Unknown
5e. Is this a DOT project located within Division's 1-8?
Yes No

5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
US Fish and Wildlife Ecological Services. See attached report.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?
US Fish and Wildlife IPaC for project area.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?"
Yes No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?"
NC Historic Preservation Office Properties Map.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?"
Yes No
8c. What source(s) did you use to make the floodplain determination?
Fema Floodplain Maps
Miscellaneous
U
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
Jurisdictional Impacts Addendum Cover.pdf 4.68MB
Agent Authorization.pdf 475.79KB
787.35KB
FEMA Map.pdf 133.09KB
Species List_ Raleigh Ecological Services Field Office.pdf 660.27KB
File must be PDF or KMZ
Comments
This submittal is for two temporary sanitary sewer impacts for phase 1 of this project. The original impacts were submitted January, 2023 and
received statutory approval from USACE.
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
John R. Davis, Jr.
Signature
Clw"i e.�estil C'�. Date
4130{2024

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April 2023
TO: Soil Horizons, LLC
PO Box 1063
Youngsville, North Carolina 27596
FROM:
I iQ��
as owner concerning the property on
do hereby authorize and give erm' Horizons, LLC to represent or act as agent on my behalf p fission for Soil
notification or permit and allow The US Army and apply for a preconstruction
Corps of Engineers or NC Division Water Quality
or any other regulatory agency to go on the property for such purposes a
the job tasks. s necessary to perform
Signature m`2
Dat
(Name, Address and Phone No. below this line)
��ce ,

rox project
idary.
FEMA Flood Map

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0075824
Project Name: Brookshire Subdivision
May 01, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). If your project area
contains suitable habitat for any of the federally -listed species on this species list, the proposed
action has the potential to adversely affect those species. If suitable habitat is present, surveys
should be conducted to determine the species' presence or absence within the project area. The
use of this species list and/or North Carolina Natural Heritage program data should not be
substituted for actual field surveys.
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-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 ECOS-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

05/01/2023
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.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/birds/policies-and-regulations.php.
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/birds/bird-enthusiasts/threats-to-
birds.php.
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/birds/policies-and-regulations/
executive-orders/e0-13186. php.

05/01/2023
3
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
• Official Species List
• Migratory Birds

05/01/2023
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Raleigh Ecological Services Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
[phone]

05/01/2023
PROJECT SUMMARY
Project Code: 2023-0075824
Project Name: Brookshire Subdivision
Project Type: Commercial Development
Project Description: Project is located in Lee County northwest of Sanford. It will encompass
168 acres of forest that has been logged and will be converted to a
residential neighborhood.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.5283319,-79.23591731914493,14z
Counties: Lee County, North Carolina

05/01/2023 3
ENDANGERED SPECIES ACT SPECIES
There is a total of 4 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
Tricolored Bat Perimyotis subflavus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/10515
FISHES
NAME
STATUS
Proposed
Endangered
STATUS
Cape Fear Shiner Notropis mekistocholas Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/6063
INSECTS
NAME
STATUS
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
STATUS
Harperella Ptilimnium nodosum
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3739

05/01/2023
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

05/01/2023
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 below.
1. The Migratory Birds Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME BREEDING SEASON
Chimney Swift Chaetura pelagica Breeds Mar 15 to Aug
This is a Bird of Conservation Concern (BCC) throughout its range in the continental 25
USA and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 to Aug
This is a Bird of Conservation Concern (BCC) throughout its range in the continental 20
USA and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug
This is a Bird of Conservation Concern (BCC) throughout its range in the continental 20
USA and Alaska.

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NAME
BREEDING SEASON
Prairie Warbler Dendroica discolor Breeds May 1 to Jul
This is a Bird of Conservation Concern (BCC) throughout its range in the continental 31
USA and Alaska.
Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to Jul 31
This is a Bird of Conservation Concern (BCC) throughout its range in the continental
USA and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 to Sep
This is a Bird of Conservation Concern (BCC) throughout its range in the continental 10
USA and Alaska.
Rusty Blackbird Euphagus carolinus Breeds elsewhere
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation
Regions (BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10 to
This is a Bird of Conservation Concern (BCC) throughout its range in the continental Aug 31
USA and Alaska.
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12

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3
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
■ probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Chimney Swift
BCC Rangewide
- - - - - - - -1111111 Haikin .■■I ---- I--- ---� ---
(CON)
Eastern Whip -poor-
— — — -
- —
will
— -- — — -
--+— Jill JillJillIII- — — — — — — — — ----
BCC Rangewide
(CON)
Kentucky War
BCCRangewidee1 ---- ----
---- Al Jill Jill Jill III- - - - - - - - - ----
(CON)
Prairie Warbler
BCC Rangewide
111[ 'w Jill ---- —
(CON)
ProthProthonotary
o Warbler ---- ----
---- --- --- ---�
BCC Rangewide
J�—
(CON)

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4
Red-headed
Woodpecker —'
BCC Rangewide
(CON)
Rusty Blackbird ----
BCC -BCR
Wood Thrush
BCC Rangewide
(CON)
+++- -+-+ +*-- - - - - ---JJ - - - - - - - - - - -
-
--+- ---+ +--- - - - - - - - - - - - - - - - - ---I
F--h +m Jill Jill - - - - - - - - - - - -
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library
collections/avoidinp--and-minimizinp--incidental-take-mip-ratorv-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.pdf
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list

05/01/2023
5
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical

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Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

05/01/2023
IPAC USER CONTACT INFORMATION
Agency: Soil Horizons
Name: John R. Davis, Jr.
Address: 285 Dreamcatcher Trail
City:
Youngsville
State:
NC
Zip:
27596
Email
[e-mail]
Phone:
9198185087